31.3 Guided Reading Fascism Rises in Europe Answers

		ISSN 1977-091X
Official Journal of the European Union		C 345

English edition	Information and Notices	Volume 63 16 October 2020

Contents		page

	EUROPEAN PARLIAMENT 2018-2019 SESSION Sittings of 22 to 25 October 2018 The Minutes of this session have been published in OJ C 324, 27.9.2019 . The texts adopted of 24 October 2018 concerning the discharge for the financial year 2016 have been published in OJ L 331, 28.12.2018 . TEXTS ADOPTED	1

	I Resolutions, recommendations and opinions
	RESOLUTIONS
	European Parliament
	Tuesday 23 October 2018
2020/C 345/01	European Parliament resolution of 23 October 2018 on the role of employee financial participation in creating jobs and reactivating the unemployed (2018/2053(INI))	2
	Wednesday 24 October 2018
2020/C 345/02	European Parliament resolution of 24 October 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize NK603 × MON 810 (MON-ØØ6Ø3-6 × MON-ØØ81Ø-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D058360/01 — 2018/2872(RSP))	8
2020/C 345/03	European Parliament resolution of 24 October 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122, and genetically modified maize combining two, three or four of the single events MON 87427, MON 89034, 1507, MON 88017 and 59122 and repealing Decision 2011/366/EU (D058361/01 — 2018/2873(RSP))	13
	Thursday 25 October 2018
2020/C 345/04	European Parliament resolution of 25 October 2018 on protection of the EU's financial interests — Recovery of money and assets from third countries in fraud cases (2018/2006(INI))	19
2020/C 345/05	European Parliament resolution of 25 October 2018 on the rise of neo-fascist violence in Europe (2018/2869(RSP))	22
2020/C 345/06	European Parliament resolution of 25 October 2018 on animal welfare, antimicrobial use and the environmental impact of industrial broiler farming (2018/2858(RSP))	28
2020/C 345/07	European Parliament resolution of 25 October 2018 on the 2018 UN Climate Change Conference in Katowice, Poland (COP24) (2018/2598(RSP))	32
2020/C 345/08	European Parliament resolution of 25 October 2018 on the 14th meeting of the Conference of the Parties to the Convention on Biological Diversity (COP14) (2018/2791(RSP))	45
2020/C 345/09	European Parliament resolution of 25 October 2018 on the employment and social policies of the euro area (2018/2034(INI))	49
2020/C 345/10	European Parliament resolution of 25 October 2018 on the use of Facebook users' data by Cambridge Analytica and the impact on data protection (2018/2855(RSP))	58
2020/C 345/11	European Parliament resolution of 25 October 2018 on the killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul (2018/2885(RSP))	67
2020/C 345/12	European Parliament resolution of 25 October 2018 on the situation in the Sea of Azov (2018/2870(RSP))	71
2020/C 345/13	European Parliament resolution of 25 October 2018 on the situation in Venezuela (2018/2891(RSP))	74
2020/C 345/14	European Parliament resolution of 25 October 2018 on promoting automatic mutual recognition of diplomas (2018/2838(RSP))	78
2020/C 345/15	European Parliament resolution of 25 October 2018 on deployment of infrastructure for alternative fuels in the European Union: time to act! (2018/2023(INI))	80
2020/C 345/16	European Parliament resolution of 25 October 2018 on harnessing globalisation: trade aspects (2018/2005(INI))	86

	II Information
	INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
	European Parliament
	Tuesday 23 October 2018
2020/C 345/17	European Parliament decision of 23 October 2018 on the request for consultation on the privileges and immunities of Alfonso Luigi Marra (2018/2058(IMM))	98
2020/C 345/18	European Parliament decision of 23 October 2018 on the request for waiver of the immunity of Manolis Kefalogiannis (2017/2133(IMM))	101
2020/C 345/19	European Parliament legislative resolution of 23 October 2018 on the draft Council regulation amending Regulation (EU) No 216/2013 on the electronic publication of the Official Journal of the European Union (14463/2017 — C8-0412/2018 — 2017/0039(APP))	103
	Wednesday 24 October 2018
2020/C 345/20	European Parliament decision of 24 October 2018 on the request for waiver of the immunity of Steeve Briois (2018/2075(IMM))	104
2020/C 345/21	European Parliament decision of 24 October 2018 on the request for waiver of the immunity of Sophie Montel (2018/2076(IMM))	106
2020/C 345/22	European Parliament decision of 24 October 2018 on the request for waiver of the immunity of Georgios Kyrtsos (2018/2041(IMM))	108

	III Preparatory acts
	EUROPEAN PARLIAMENT
	Tuesday 23 October 2018
2020/C 345/23	European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Commonwealth of the Bahamas amending the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver (12389/2017 — C8-0173/2018 — 2017/0169(NLE))	110
2020/C 345/24	European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver (12396/2017 — C8-0177/2018 — 2017/0167(NLE))	111
2020/C 345/25	European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and Antigua and Barbuda amending the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver (12383/2017 — C8-0174/2018 — 2017/0171(NLE))	112
2020/C 345/26	European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Federation of St Kitts and Nevis amending the Agreement between the European Community and the Federation of St Kitts and Nevis on the short-stay visa waiver (12393/2017 — C8-0176/2018 — 2017/0176(NLE))	113
2020/C 345/27	European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and Barbados amending the Agreement between the European Community and Barbados on the short-stay visa waiver (12386/2017– C8-0175/2018 — 2017/0179(NLE))	114
2020/C 345/28	European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Seychelles amending the Agreement between the European Community and the Republic of Seychelles on the short-stay visa waiver (12399/2017 — C8-0172/2018– 2017/0168(NLE))	115
2020/C 345/29	European Parliament resolution of 23 October 2018 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund (application from Portugal — EGF/2018/002 PT/Norte — Centro — Lisboa wearing apparel) (COM(2018)0621 — C8-0399/2018 — 2018/2223(BUD))	116
2020/C 345/30	European Parliament decision of 23 October 2018 on the proposal for the appointment of the Managing Director of the European Fund for Strategic Investments (N8-0100/2018 — C8-0423/2018 — 2018/0903(NLE))	120
2020/C 345/31	European Parliament decision of 23 October 2018 on the proposal for the appointment of the Deputy Managing Director of the European Fund for Strategic Investments (N8-0101/2018 — C8-0424/2018 — 2018/0904(NLE))	121
2020/C 345/32	Amendments adopted by the European Parliament on 23 October 2018 on the proposal for a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast) (COM(2017)0753 — C8-0019/2018 — 2017/0332(COD))	122
2020/C 345/33	P8_TA(2018)0398 Resources for economic, social and territorial cohesion and resources for the investment for growth and jobs goal ***I European Parliament legislative resolution of 23 October 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards the resources for economic, social and territorial cohesion and correcting that Regulation as regards the resources for the Investment for growth and jobs goal (COM(2018)0498 — C8-0307/2018 — 2018/0265(COD)) P8_TC1-COD(2018)0265 Position of the European Parliament adopted at first reading on 23 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards the resources for economic, social and territorial cohesion and the resources for the Investment for growth and jobs goal	198
2020/C 345/34	Amendments adopted by the European Parliament on 23 October 2018 on the proposal for a Regulation of the European Parliament and of the Council on the alignment of reporting obligations in the field of environment policy and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005 (COM(2018)0381 — C8-0244/2018 — 2018/0205(COD))	199
	Wednesday 24 October 2018
2020/C 345/35	European Parliament resolution of 24 October 2018 on the Council position on the draft general budget of the European Union for the financial year 2019 (11737/2018 — C8-0410/2018 — 2018/2046(BUD))	221
2020/C 345/36	European Parliament legislative resolution of 24 October 2018 on the proposal for a regulation of the European Parliament and of the Council amending 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 as regards support to structural reforms in Member States (COM(2017)0826 — C8-0432/2017 — 2017/0336(COD))	234
2020/C 345/37	European Parliament legislative resolution of 24 October 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Ireland (11265/2018 — C8-0388/2018 — 2018/0808(CNS))	235
2020/C 345/38	European Parliament legislative resolution of 24 October 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to DNA data in Ireland (11282/2018 — C8-0389/2018 — 2018/0809(CNS))	236
2020/C 345/39	European Parliament legislative resolution of 24 October 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Croatia (11284/2018 — C8-0390/2018 — 2018/0810(CNS))	237
2020/C 345/40	Amendments adopted by the European Parliament on 24 October 2018 on the proposal for a directive of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment (COM(2018)0340 — C8-0218/2018 — 2018/0172(COD))	238
2020/C 345/41	P8_TA(2018)0412 Establishment, operation and use of the Schengen Information System in the field of border checks ***I European Parliament legislative resolution of 24 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, amending Regulation (EU) No 515/2014 and repealing Regulation (EC) No 1987/2006 (COM(2016)0882 — C8-0533/2016 — 2016/0408(COD)) P8_TC1-COD(2016)0408 Position of the European Parliament adopted at first reading on 24 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006	284
2020/C 345/42	P8_TA(2018)0413 Establishment, operation and use of the Schengen Information System in the field of police cooperation and judicial cooperation in criminal matters ***I European Parliament legislative resolution of 24 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending Regulation (EU) No 515/2014 and repealing Regulation (EC) No 1986/2006, Council Decision 2007/533/JHA and Commission Decision 2010/261/EU (COM(2016)0883 — C8-0530/2016 — 2016/0409(COD)) P8_TC1-COD(2016)0409 Position of the European Parliament adopted at first reading on 24 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU	285
2020/C 345/43	P8_TA(2018)0414 Use of the Schengen Information System for the return of illegally staying third-country nationals ***I European Parliament legislative resolution of 24 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the use of the Schengen Information System for the return of illegally staying third-country nationals (COM(2016)0881 — C8-0532/2016 — 2016/0407(COD)) P8_TC1-COD(2016)0407 Position of the European Parliament adopted at first reading on 24 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council on the use of the Schengen Information System for the return of illegally staying third-country nationals	286
2020/C 345/44	European Parliament legislative resolution of 24 October 2018 on the proposal for a Council directive amending Directive 92/83/EEC on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages (COM(2018)0334 — C8-0269/2018 — 2018/0173(CNS))	288
	Thursday 25 October 2018
2020/C 345/45	Amendments adopted by the European Parliament on 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the import of cultural goods (COM(2017)0375 — C8-0227/2017 — 2017/0158(COD))	290
2020/C 345/46	P8_TA(2018)0420 Authorisation and supervision of medicinal products for human and veterinary use ***I European Parliament legislative resolution of 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 726/2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (COM(2014)0557 — C8-0142/2014 — 2014/0256(COD)) P8_TC1-COD(2014)0256 Position of the European Parliament adopted at first reading on 25 October 2018 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council amending Regulation (EC) No 726/2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency, Regulation (EC) No 1901/2006 on medicinal products for paediatric use and Directive 2001/83/EC on the Community code relating to medicinal products for human use	334
2020/C 345/47	P8_TA(2018)0421 Veterinary medicinal products ***I European Parliament legislative resolution of 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council on veterinary medicinal products (COM(2014)0558 — C8-0164/2014 — 2014/0257(COD)) P8_TC1-COD(2014)0257 Position of the European Parliament adopted at first reading on 25 October 2018 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council on veterinary medicinal products and repealing Directive 2001/82/EC	335
2020/C 345/48	P8_TA(2018)0422 Manufacture, placing on the market and use of medicated feed ***I European Parliament legislative resolution of 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the manufacture, placing on the market and use of medicated feed and repealing Council Directive 90/167/EEC (COM(2014)0556 — C8-0143/2014 — 2014/0255(COD)) P8_TC1-COD(2014)0255 Position of the European Parliament adopted at first reading on 25 October 2018 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council on the manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the Council and repealing Council Directive 90/167/EEC	336
2020/C 345/49	P8_TA(2018)0423 Charging of heavy goods vehicles for the use of certain infrastructures ***I European Parliament legislative resolution of 25 October 2018 on the proposal for a Directive of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (COM(2017)0275 — C8-0171/2017 — 2017/0114(COD)) P8_TC1-COD(2017)0114 Position of the European Parliament adopted at first reading on 25 October 2018 with a view to the adoption of Directive (EU) …/… of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (Text with EEA relevance)	337
2020/C 345/50	Amendments adopted by the European Parliament on 25 October 2018 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles (COM(2017)0653 — C8-0393/2017 — 2017/0291(COD))	374
2020/C 345/51	Amendments adopted by the European Parliament on 25 October 2018 on the proposal for a Regulation of the European Parliament and of the Council establishing a multiannual plan for fish stocks in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulation (EU) 2016/1139 establishing a multiannual plan for the Baltic Sea, and repealing Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008 (COM(2018)0149 — C8–0126/2018 — 2018/0074(COD)	419
2020/C 345/52	P8_TA(2018)0426 Location of the seat of the European Banking Authority ***I European Parliament legislative resolution of 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1093/2010 as regards the location of the seat of the European Banking Authority (COM(2017)0734 — C8-0420/2017 — 2017/0326(COD)) P8_TC1-COD(2017)0326 Position of the European Parliament adopted at first reading on 25 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council amending Regulation (EU) No 1093/2010 as regards the location of the seat of the European Banking Authority	452
2020/C 345/53	P8_TA(2018)0427 Relocation of the European Medicines Agency ***I European Parliament legislative resolution of 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 726/2004 as regards the location of the seat of the European Medicines Agency (COM(2017)0735 — C8-0421/2017 — 2017/0328(COD)) P8_TC1-COD(2017)0328 Position of the European Parliament adopted at first reading on 25 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council amending Regulation (EC) No 726/2004 as regards the location of the seat of the European Medicines Agency	456

Key to symbols used

*	Consultation procedure
***	Consent procedure
***I	Ordinary legislative procedure: first reading
***II	Ordinary legislative procedure: second reading
***III	Ordinary legislative procedure: third reading

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments by Parliament:

New text is highlighted in bold italics . Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

16.10.2020

Official Journal of the European Union

C 345/1

EUROPEAN PARLIAMENT

2018-2019 SESSION

Sittings of 22 to 25 October 2018

The Minutes of this session have been published in OJ C 324, 27.9.2019.

The texts adopted of 24 October 2018 concerning the discharge for the financial year 2016 have been published in OJ L 331, 28.12.2018.

TEXTS ADOPTED

I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament

Tuesday 23 October 2018

16.10.2020

Official Journal of the European Union

C 345/2

P8_TA(2018)0400

The role of employee financial participation in creating jobs and reactivating the unemployed

European Parliament resolution of 23 October 2018 on the role of employee financial participation in creating jobs and reactivating the unemployed (2018/2053(INI))

(2020/C 345/01)

The European Parliament,

—	having regard to the Treaty on the European Union (TEU), and in particular Article 3(3),

—	having regard to Article 9 of the Treaty on the Functioning of the European Union (TFEU), which requires the EU to promote a high level of employment, guarantee adequate social protection, fight against social exclusion and ensure a high level of education, training and protection of human health,

—	having regard to the Council conclusions of 7 December 2015 on the promotion of the social economy as a key driver of economic and social development in Europe,

—	having regard to the Commission communication of 2 June 2016 entitled 'A European agenda for the collaborative economy' (COM(2016)0356),

—	having regard to the Commission communication of 27 March 2014 entitled 'Long-term Financing of the European Economy' (COM(2014)0168),

—	having regard to the Commission communication of 12 December 2012 entitled 'Action Plan: European company law and corporate governance — a modern legal framework for more engaged shareholders and sustainable companies' (COM(2012)0740),

—	having regard to the Commission communication of 3 October 2012 entitled 'Single Market Act II — Together for new growth' (COM(2012)0573),

—	having regard to the Commission communication of 3 March 2010 entitled 'Europe 2020: a strategy for smart, sustainable and inclusive growth' (COM(2010)2020),

—	having regard to the Commission recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market (1),

—	having regard to the Commission communication of 25 June 2008 entitled 'Think Small First — A "Small Business Act" for Europe' (COM(2008)0394) and the Commission's 2008 and 2009 Work Programmes,

—	having regard to the Commission communication of 14 March 2006 entitled 'Implementing the Lisbon Community Programme for Growth and Jobs: Transfer of Businesses — Continuity through a new beginning' (COM(2006)0117),

—	having regard to the Commission communication of 5 July 2002 entitled 'A framework for the promotion of employee financial participation' (COM(2002)0364) and Parliament's resolution of 5 June 2003 thereon (2),

—	having regard to the opinion of the European Economic and Social Committee (EESC) of 21 October 2010 on employee financial participation in Europe,

—	having regard to its resolution of 15 January 2013 on information and consultation of workers, anticipation and management of restructuring (3),

—	having regard to its resolution of 14 January 2014 on financial participation of employees in companies' proceeds (4), and the opinion of the Committee on Economic and Monetary Affairs (2013/2127(INI)),

—	having regard to the study requested by Parliament's Committee on Employment and Social Affairs entitled 'Employee financial participation in companies' proceeds', which was published in September 2012,

—	having regard to the Mid-Term Review of the Capital Markets Union Action Plan published on 8 June 2017 (COM(2017)0292),

—	having regard to the Commission's pilot project entitled the 'Promotion of employee ownership and participation', of which the final version was published in 2014,

—	having regard to the PEPPER IV Report, entitled 'Benchmarking of employee participation in profits and enterprise results in the member and candidate countries of the European Union', which was published in October 2009 by the Free University of Berlin,

—	having regard to the PEPPER III Report, entitled 'Promotion of employee participation in profits and enterprise results in the new member and candidate countries of the European Union', which was published in June 2006 by the Free University of Berlin,

—	having regard to the report of 18 December 2003 of the high-level group of independent experts on transnational obstacles to the growth of employee financial participation in transnational enterprises,

—	having regard to the PEPPER II Report, entitled 'Promotion of participation by employed persons in profits and enterprise results (including equity participation) in Member States', which was published by the Commission in January 1997 (COM(1996)0697),

—	having regard to the PEPPER I Report, entitled 'Promotion of employee participation in profits and enterprise results', which was published in March 1991 by the Commission and the European University Institute,

—	having regard to Rule 52 of its Rules of Procedure,

—	having regard to the report of the Committee on Employment and Social Affairs (A8-0293/2018),

A.	whereas there are several employee financial participation (EFP) models an employer can choose from: profit sharing, individual employee share ownership, worker ownership in cooperative models and employee stock ownership plans (ESOPs);

whereas the most appropriate EFP model must be carefully chosen by the individual company and its workers, taking due account of the specific national taxation rules and sectoral context, and will mostly depend on the size, activity and status of the company, especially if it is listed; whereas it is not appropriate to develop a comprehensive 'one size fits all' model for EFP at EU level;

whereas, according to data from the 2013 European Company Survey (5), EFP schemes can vary greatly according to company characteristics; whereas 62 % of European establishments use some form of variable pay, with profit sharing accounting for 30 % and pay linked to group performance 25 %; whereas share-ownership schemes are used by 5 % of establishments; whereas these EFP schemes are more prevalent in the private sector than in the public sector (with some national exceptions), as well as in certain economic sectors, particularly information and communications technology, finance, insurance, and consultancy; whereas larger companies are more likely to use these EFP schemes than small and medium-sized enterprises, and they are also more common in foreign-capital or multinational companies and in companies located in economically (6) central or advanced regions;

D.	whereas ESOPs are a form of EFP using an intermediate entity able to exercise voting rights or other forms of governance on behalf of employees, who could voluntarily choose them;

whereas EFP schemes involving workers in consultation and decision-making have proven (7) benefits for both employees and the company, including in terms of sustainable governance, transparency, social dialogue, mutual respect between employers and employees, and other aspects such as recruitment, retention, motivation, job satisfaction and skills development, as well as overall performance and profitability;

whereas employee participation in decision-making could improve organisational performance and employees' quality of working life, and whereas it could act as a workplace innovation tool (8) to promote a sense of ownership, enhance the flow of information in the company and improve levels of trust between employers and employees;

whereas EFP schemes can have positive impacts on the economy of Member States by supporting companies, including SMEs, and the job market; whereas workers' financial participation in their company can contribute to job satisfaction, a sense of ownership, mutual respect between employers and employees and overall performance, and can help employees find opportunities in their home countries;

whereas, in the context of the development of the Capital Market Union (CMU), EFP could contribute to the CMU objectives of inclusive growth and transparency in economic activity; whereas EFP, if coupled with training for participants provided by companies and Member States, could improve financial education amongst EU citizens, potentially reducing their reluctance to invest, and potentially increasing retail investment;

I.	whereas the European Employment Strategy and the Europe 2020 Strategy set priorities to improve the quality of jobs and ensure better working conditions; whereas increasing employee participation in company financial results and offering better rewards could help meet these goals;

whereas EFP must go hand-in-hand with a high level of information, training and consultation with staff so that they are fully aware of the functioning of the financial participation schemes that they could join, to enable them to make a fully informed assessment of the potential benefits and risks of these schemes, such as in the case of the company's bankruptcy;

K.	whereas, through EFP, enhanced social dialogue and strategic decision-making, employers might invest in development opportunities for their workforce, thus contributing to the fight against social exclusion and ensuring a high level of training;

whereas, by involving employees in the decision-making process, depending on the specificity of the scheme, EFP can, in some cases, help companies, including SMEs, with respect to restructuring and business continuity by addressing company succession and generational renewal problems, for example in family businesses;

M.	whereas it should be borne in mind that EFP has positive and negative elements to it;

whereas EFP bears some financial risks, but might also act as a shock absorber, allowing bonuses or other rewards and also ensuring that workers have a portfolio of saved shares; whereas ESOPs in particular may be an example of an employee buy-out model for non-listed companies where the priority buy-out process could allow employees to potentially safeguard their own jobs when there is the possibility of buy-outs by other companies;

whereas measures are therefore needed to protect employees from facing risks such as losing both their job and the capital invested when their employer is impacted by a crisis; whereas EFP may not be used to reduce the social and employment rights acquired by employees, must not replace normal basic pay, other forms of remuneration or contributions to pension schemes, and must not be a way to transfer risks onto the worker or not to comply with labour law;

whereas participation in the EFP should remain voluntary for employees, particularly in SMEs, while not affecting their labour market mobility, their social security or their right to take collective action; whereas employees should therefore have access at all times to information regarding the economic situation of the company, with the exception of its trade secrets and commercially sensitive information, and be informed of the advantages and disadvantages of each EFP scheme available;

Q.	whereas fiscal incentives are key elements to promote EFP that could pay off in a medium to long term, considering that countries which have a long tradition of employee financial participation also have the most developed employee ownership and the highest fiscal benefits;

R.	whereas proactive employment policies such as support for genuine self-employment and regular and social entrepreneurship are critical tools for the reintegration of the unemployed into the labour market, in line with the European Entrepreneurship Action Plan adopted in January 2013;

whereas the current European Social Fund promotes social entrepreneurship and the social and solidarity economy, and the upcoming ESF Plus should continue to do so; whereas EFP can make a valuable contribution to the development of the social and solidarity economy by, for example, making investment or funding more accessible;

T.	whereas EFP can be complementary to EU programmes aimed at improving access to capital, especially for SMEs, such as the COSME programme, the InnovFin programme, the Creative Europe programme and the European structural and investment funds;

whereas EFP could be a complementary tool to the European Globalisation Adjustment Fund which helps people who have lost their jobs as a result of major structural changes due to globalisation or the economic and financial crisis with respect to re-skilling, training, supporting self-employment, business start-ups and employee takeovers;

V.	whereas EU guidelines for EFP could help Member States develop frameworks for EFP schemes that could potentially lead to benefits both for employers and employees and also increase public awareness of EFP;

Calls on the Commission to consider appropriate recommendations to encourage Member States and companies, particularly SMEs, to develop and offer EFP schemes for the benefit and in the interest of both employees and companies; stresses that these schemes should:

—	protect workers' income safety,

—	not exploit workers in a crisis situation,

—	not shift entrepreneurial risk to workers,

—	guarantee a high level of protection for workers' investments;

Calls on the Member States to provide non-mandatory incentives, including tax incentives that do not override national taxation rules, in line with best practice principles, when promoting employee ownership schemes among companies and employees, at the same time as supporting the highest standards of social protection for employees and safeguarding their right to collective action;

Underlines that EFP has to be embedded in a system of workers' involvement, for example in company decision-making, including through workers' representatives, and that EFP must not be a substitute for fair and decent pay, nor an alternative to public pensions or to collectively agreed pension schemes;

Calls on the Commission to implement the 'five-point action plan' included in the final report of the pilot project for the promotion of employee ownership and participation of 2014;

Recognises the link between legislative measures at national level favouring EFP schemes and the number of companies and employees using them;

Highlights the transnational obstacles that are faced by both companies offering such schemes in several Member States, and employees, namely discrepancies in legislation and the risks of double taxation which may incur substantial administrative costs and impinge on the freedom of movement of workers, which plays an important role in combating the scourge of unemployment and enhancing convergence and integration among Member States;

Calls on the Commission and the Member States to raise awareness as advised in the final report of the pilot project for the promotion of employee ownership and participation from 2014, to capitalise on the findings of research projects and encourage the cross-border transferability of best practices, and to propose a set of simple, elementary and basic supportive models;

Calls on the Commission and the Member States to provide dedicated websites that would include model profit-sharing agreements for SMEs and very small enterprises (VSEs) for ease of implementation, as well as information about attached risks and other relevant material; further calls on the Commission and Member States to continue collecting data on the use and spread of financial participation schemes, as well as to examine the impact of financial participation on the functioning of the company, the quality of its work and its retention of workers, with the help of the European Foundation for the Improvement of Living and Working Conditions;

Calls on the Member States and the Commission to assist companies which show an interest in EFP with solutions and specific support measures to avoid excessive administrative and development costs associated with implementing EFP, especially in SMEs, and to encourage outsourcing operators such as banks and investment funds to propose simple EFP schemes tailored to suit this type of company, while making sure that intermediaries do not take advantage of the smallest companies, and that there are no hidden costs;

10.

Calls on the Commission and the Member States to promote financial education in order to empower EU citizens and raise awareness about the implications of EFP;

11.

Calls on the Commission and the Member States to engage with social partners, employee ownership organisations and other stakeholders at the beginning of the process in order to design the most appropriate EFP frameworks, and when an EFP scheme is considered relevant, to negotiate it on a 'plant-by-plant' basis while considering the size and type of company, its workforce and financial situation, but also the national legislation and practices;

12.

Recommends negotiating employee savings schemes and tools at a branch-by-branch level in order to provide SMEs and VSEs with standard agreements that can be implemented directly and conveniently by these companies;

13.

Highlights that EFP should be open to all employees on a non-discriminatory basis, regardless of age, gender, nationality, full-time / part-time work arrangements, etc.;

14.

Adds that differentiation between employees may be justified to meet the different needs and interests of the employees, such as restricted shares plans that are confined to executives;

15.

Considers that ESOPs should also allow employees to use the ESOP account for other equity than that of the current employer, so as to mitigate concentration risk, particularly for SMEs;

16.

Recalls that the decision to join EFP schemes should be totally voluntary, meaning no action should be taken against employees if they decide not to join and when they agree, their participation should be based on appropriate training and the informed consent of the employee, who is fully aware of his or her entitlements, obligations and risks, of the situation of the company, of the advantages and disadvantages of each scheme, of the taxation effects when joining the scheme and of the conditions which apply when he or she leaves the company or the scheme;

17.

Considers that EFP should not replace or diminish normal basic remuneration or any other form of contribution such as social security contributions, but should be complementary to all social and contractual rights, this being a pre-condition to implementing EFP;

18.

Believes that more links should be developed between EFP and the social economy, especially through programmes such as Creative Europe which offer microloans up to EUR 25 000 to small companies and social businesses;

19.

Calls on the Commission and the Member States to consider the rapid evolution and change of the labour market and the consequent challenges regarding skills, digitalisation, automation, wealth inequalities and social security cuts, and the continuous creation of new opportunities to support and protect workers and enable them to adapt and develop professionally and personally;

20.

Stresses the important role that EFP can play in fostering entrepreneurship and an entrepreneurial mind set by facilitating research and access to capital, especially for start-ups;

21.

Highlights that although micro-enterprises play an important role in the economy of most EU Member States, no supportive measures for employee share ownership are implemented for them as yet;

22.

Welcomes initiatives led by directorates-general of the Commission such as DG EMPL, FISMA and GROW supporting employment, SMEs and the capital markets union, and calls for a coordinated approach for the best use of available resources, remembering that the final beneficiary is the European citizen;

23.

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

(1) OJ L 307, 18.11.2008, p. 11.

(2) OJ C 68 E, 18.3.2004, p. 429.

(3) OJ C 440, 30.12.2015, p. 23.

(4) OJ C 482, 23.12.2016, p. 41.

(5) Third European Company Survey, Eurofound, 2013.

(6) Changes in remuneration and reward systems, Eurofound, 2016.

(7) Annual economic survey of employee share ownership in European countries.

(8) Workplace innovation in European companies, Eurofound, 2016.

Wednesday 24 October 2018

16.10.2020

Official Journal of the European Union

C 345/8

P8_TA(2018)0416

Renewing the authorisation for genetically modified maize NK603 × MON 810

European Parliament resolution of 24 October 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize NK603 × MON 810 (MON-ØØ6Ø3-6 × MON-ØØ81Ø-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D058360/01 — 2018/2872(RSP))

(2020/C 345/02)

The European Parliament,

—

having regard to the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of or produced from genetically modified maize NK603 × MON 810 (MON-ØØ6Ø3-6 × MON-ØØ81Ø-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (D058360/01,

—	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 Articles 11(3) and 23(3) 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 11 September 2018, at which no opinion was delivered,

—	having regard to Article 11 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 24 January 2018 and published on 26 February 2018 (3),

—

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,

A.	whereas, on 20 October 2016, Monsanto Europe N.V./S.A. submitted to the Commission an application, in accordance with Articles 11 and 23 of Regulation (EC) No 1829/2003, for the renewal of the authorisation of genetically modified maize NK603 × MON 810 for food and feed uses;

whereas, on 24 January 2018, EFSA adopted a favourable opinion (1) in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003, in which it concluded that the renewal application did not contain evidence for new hazards, modified exposure or scientific uncertainties that would change the conclusions of the original risk assessment on genetically modified maize NK603 × MON 810, adopted by EFSA in 2005 (2);

C.	whereas EFSA, according to its scientific opinion, did not perform a systematic literature search of its own, but simply assessed the literature search carried out by the applicant, and on that basis concluded that no new publication had been identified which would raise a safety concern;

D.	whereas EFSA adopted its opinion under the assumption that the DNA sequence of the two events in genetically modified maize NK603 x MON 810 is identical to the sequence of the originally assessed events; whereas the applicant has not provided any data supporting that hypothesis;

whereas genetically modified maize NK603 × MON 810 expresses a protein that confers tolerance to glyphosate herbicides; whereas on 20 March 2015 the International Agency for Research on Cancer — the specialised cancer agency of the World Health Organisation — classified glyphosate as probably carcinogenic to humans (5);

whereas authorising the import of genetically modified maize NK603 × MON 810 into the Union is supposed to lead to an increase in its cultivation elsewhere, such as in Argentina, Brazil, Canada, Colombia, Japan, the Philippines, South Africa and Uruguay, and to a corresponding increase in the use of glyphosate containing herbicides;

G.	whereas genetically modified maize NK603 x MON 810 expresses the Cry1Ab protein, which is a Bt protein (derived from Bacillus thuringiensis) conferring resistance to certain lepidopteran insect pests (Ostrinia nubilalis, Sesamia spp.);

whereas genetically modified Bt plants express the insecticidal toxin in every cell throughout their life, including in the parts eaten by humans and animals; whereas animal feeding experiments show that genetically modified Bt plants may have toxic effects (6); whereas it has been shown that the Bt toxin in genetically modified plants differs significantly from that of the naturally occurring Bt toxin (7);

I.	whereas concerns remain regarding a possible evolution of resistance to the Cry1Ab protein in lepidopteran target pests, which may lead to altered pest control practices in the countries where it is cultivated;

whereas many critical comments were submitted by Member States during the three-month consultation period; whereas those comments refer to, inter alia: lacking information with regard to lines currently used; missing data, e.g. regarding the potential for horizontal gene transfer of the events MON 810 and NK603; a deficient literature review; a partly outdated data generation; and a fragmentary environmental monitoring approach, including the fact that the persistence of Cry proteins released to the environment was not monitored, no analysis of exposure of the environment to the Cry toxin had been conducted and that the occurrence of teosinte as a wild relative of maize in Europe had been ignored (8);

K.	whereas despite those concerns, a post-market monitoring plan was not required; whereas case-specific post-market environmental monitoring was also not considered necessary;

L.	whereas the vote on 11 September 2018 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion; whereas 13 Member States voted against, while only 11 voted in favour, and four abstained;

whereas, both in 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 that practice has, on several occasions, been deplored by Commission President Jean-Claude Juncker as not being democratic (9);

N.	whereas on 28 October 2015 Parliament rejected at first reading (10) the legislative proposal of 22 April 2015 amending Regulation (EC) No 1829/2003 and called on the Commission to withdraw it and submit a new one;

Considers that the draft Commission implementing decision exceeds the implementing powers provided for in Regulation (EC) No 1829/2003;

Considers that the draft 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 of the European Parliament and of the Council (11), to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, and environmental and consumer interests in relation to genetically modified food and feed, while ensuring the effective functioning of the internal market;

Calls on the Commission to withdraw its draft implementing decision;

Calls on the Commission to suspend any implementing decision regarding applications for authorisation of genetically modified organisms until the authorisation procedure has been revised in such a way so as to address the shortcomings of the current procedure, which has proven inadequate;

Instructs its President to forward this resolution to the Council, the Commission and 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) Scientific opinion on an application by Monsanto (application EFSA-GMO-RX-007) — Assessment of genetically modified maize NK603 x MON810 for renewal of authorisation under Regulation (EC) No 1829/2003 (application EFSA-GMO-RX-007). EFSA Journal 2018; 16(2):5163: https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2018.5163

(4)

—

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 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 (OJ C 399, 24.11.2017, p. 71).

—	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 (OJ C 35, 31.1.2018, p. 19).

—	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 (OJ C 35, 31.1.2018, p. 17).

—	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) (OJ C 35, 31.1.2018, p. 15).

—

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 (OJ C 86, 6.3.2018, p. 108).

—	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) (OJ C 86, 6.3.2018, p. 111).

—	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 (OJ C 215, 19.6.2018, p. 76).

—	Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of genetically modified maize MON 810 products (OJ C 215, 19.6.2018, p. 80).

—	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 (OJ C 215, 19.6.2018, p. 70).

—	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 (OJ C 215, 19.6.2018, p. 73).

—	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 (OJ C 215, 19.6.2018, p. 83).

—

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 (OJ C 298, 23.8.2018, p. 34).

—

Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize DAS-40278-9, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 307, 30.8.2018, p. 71).

—

Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton GHB119 (BCS-GHØØ5-8) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ C 307, 30.8.2018, p. 67).

—

Resolution of 13 September 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-68416-4, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 337, 20.9.2018, p. 54).

—

Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean FG72 × A5547-127 pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 55).

—

Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-44406-6, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 60).

—

Resolution of 24 October 2017 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 1507 (DAS-Ø15Ø7-1) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 122).

—

Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean 305423 × 40-3-2 (DP-3Ø5423-1 × MON-Ø4Ø32-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 127).

—

Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified oilseed rapes MON 88302 × Ms8 × Rf3 (MON-883Ø2-9 × ACSBNØØ5-8 × ACS-BNØØ3-6), MON 88302 × Ms8 (MON-883Ø2-9 × ACSBNØØ5-8) and MON 88302 × Rf3 (MON-883Ø2-9 × ACS-BNØØ3-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 133).

—

Resolution of 1 March 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize 59122 (DAS-59122-7) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0051).

—

Resolution of 1 March 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize MON 87427 × MON 89034 × NK603 (MON-87427-7 × MON-89Ø34-3 × MON-ØØ6Ø3-6) and genetically modified maize combining two of the events MON 87427, MON 89034 and NK603, and repealing Decision 2010/420/EU (Texts adopted, P8_TA(2018)0052).

—

Resolution of 3 May 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of food and feed produced from genetically modified sugar beet H7-1 (KM-ØØØH71-4) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0197).

—

Resolution of 30 May 2018 on the draft Commission implementing decision renewing the authorisation for the placing on the market of products containing, consisting of, or produced from genetically modified maize GA21 (MON-ØØØ21-9) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0221).

—

Resolution of 30 May 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified maize 1507 × 59122 × MON 810 × NK603, and genetically modified maize combining two or three of the single events 1507, 59122, MON 810 and NK603, and repealing Decisions 2009/815/EC, 2010/428/EU and 2010/432/EU pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (Texts adopted, P8_TA(2018)0222).

(1) Scientific opinion on assessment of genetically modified maize NK603 × MON 810 for renewal of authorisation under Regulation (EC) No 1829/2003 (application EFSA-GMO-RX-007). EFSA Journal 2018; 16(2):5163: https://efsa.onlinelibrary.wiley.com/doi/epdf/10.2903/j.efsa.2018.5163

(2) Opinion of the Scientific Panel on Genetically Modified Organisms on an application (Reference EFSA-GMO-UK-2004-01) for the placing on the market of glyphosate-tolerant and insect-resistant genetically modified maize NK603 × MON 810, for food and feed uses under Regulation (EC) No 1829/2003 from Monsanto. EFSA Journal (2005) 309, 1-22: https://efsa.onlinelibrary.wiley.com/doi/pdf/10.2903/j.efsa.2005.309

(5) IARC Monographs Volume 112: evaluation of five organophosphate insecticides and herbicides, 20 March 2015: http://monographs.iarc.fr/ENG/Monographs/vol112/mono112.pdf

(6) See, for example, El-Shamei Z.S., Gab-Alla A.A., Shatta A.A., Moussa E.A., Rayan A.M., Histopathological Changes in Some Organs of Male Rats Fed on Genetically Modified Corn (Ajeeb Y.G.). Journal of American Science, 2012, 8(9), pp. 1117-1123: https://www.researchgate.net/publication/235256452_Histopathological_Changes_in_Some_Organs_of_Male_Rats_Fed_on_Genetically_Modified_Corn_Ajeeb_YG

(7) Székács A., Darvas B., Comparative aspects of Cry Toxin Usage in Insect Control, in: Ishaaya I., Palli S.R., Horowitz A.R. (eds), Advanced Technologies for Managing Insect Pests, Dordrecht, Netherlands, Springer, 2012, pp. 195-230: https://link.springer.com/chapter/10.1007/978-94-007-4497-4_10

(8) See EFSA Register of Questions, Annex G to Question Number EFSA-Q-2017-00028 -

available online at: http://registerofquestions.efsa.europa.eu/roqFrontend/ListOfQuestionsNoLogin?1&panel=ALL

(9) For example, 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).

(10) OJ C 355, 20.10.2017, p. 165.

(11) OJ L 31, 1.2.2002, p. 1.

16.10.2020

Official Journal of the European Union

C 345/13

P8_TA(2018)0417

Authorisation for genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122

European Parliament resolution of 24 October 2018 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122, and genetically modified maize combining two, three or four of the single events MON 87427, MON 89034, 1507, MON 88017 and 59122 and repealing Decision 2011/366/EU (D058361/01 — 2018/2873(RSP))

(2020/C 345/03)

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 MON 87427 × MON 89034 × 1507 × MON 88017 × 59122, and genetically modified maize combining two, three or four of the single events MON 87427, MON 89034, 1507, MON 88017 and 59122 and repealing Decision 2011/366/EU (D058361/01,

—	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 Articles 7(3) and 19(3) 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 11 September 2018, at which no opinion was delivered,

—	having regard to Article 11 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 28 June 2017 and published on 1 August 2017 (3),

—

—	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,

whereas, on 26 November 2013, Monsanto Europe S.A./N.V. submitted, on behalf of Monsanto Company, an application, in accordance with Articles 5 and 17 of Regulation (EC) No 1829/2003, for the placing on the market of foods, food ingredients and feed containing, consisting of or produced from genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122 ('the application') to the national competent authority of Belgium; whereas the application also covered the placing on the market of products containing or consisting of genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122 for uses other than food and feed, with the exception of cultivation;

whereas, in addition, the application covered the placing on the market of products containing, consisting of or produced from 25 sub-combinations of the single transformation events constituting genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122; whereas 12 of these sub-combinations are already authorised; whereas the Commission implementing decision authorising the maize covers 14 sub-combinations;

whereas Monsanto Europe S.A./N.V., the authorisation holder for one of the 12 sub-combinations already authorised, sub-combination MON 89034 × MON 88017, requested that the Commission repeal Decision 2011/366/EU and incorporate this Decision into the scope of the Commission Decision; whereas this request was granted; whereas the legitimacy of such an approach is questionable;

D.	whereas, on 28 June 2017, EFSA adopted a favourable opinion, in accordance with Articles 6 and 18 of Regulation (EC) No 1829/2003 (5), related to the five-event stack maize, the previously assessed sub-combinations and the remaining sub-combinations;

E.	whereas EFSA acknowledges that no specific data have been submitted for any of the 14 sub-combinations; whereas many of them have not even been created yet; whereas EFSA nevertheless concludes that all sub-combinations are 'expected to be as safe as the five-event stack maize';

F.	whereas no toxicology testing has been performed, and no animal studies with food/feed derived from genetically modified maize MON 87427, MON 89034, 1507, MON 88017 and 59122, or any of the sub-combinations, were provided (6);

whereas two of the maize varieties involved express proteins which confer tolerance to the glufosinate-ammonium herbicide (7); 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 expired on 31 July 2018 (8);

whereas two of the maize varieties involved express proteins which confer tolerance to glyphosate herbicides; whereas, on 20 March 2015, the International Agency for Research on Cancer — the specialised cancer agency of the World Health Organisation — classified glyphosate as probably carcinogenic to humans (9);

whereas authorising the import of genetically modified maize MON 87427, MON 89034, 1507, MON 88017 and 59122 into the Union is supposed to lead to an increase in its cultivation elsewhere, such as in Mexico and South Korea, and to a corresponding increase in the use of glufosinate ammonium or glyphosate containing herbicides;

J.	whereas four of the maize varieties involved express Cry proteins, which are Bt proteins (derived from Bacillus thuringiensis) conferring resistance to certain lepidopteran and coleopteran pests respectively;

whereas genetically modified Bt plants express the insecticidal toxin in every cell throughout their life, including in the parts eaten by humans and animals; whereas animal feeding experiments show that genetically modified Bt plants may have toxic effects (10); whereas it has been shown that the Bt toxin in genetically modified plants differs significantly from that of the naturally occurring Bt toxin (11);

L.	whereas concerns remain regarding a possible evolution of resistances to the Cry proteins in the target pests, which may lead to altered pest control practices in the countries where it is cultivated;

whereas many critical comments were submitted by Member States during the three-month consultation period; whereas those comments refer to, inter alia: poor test designs, missing tests, e.g. as regards nutritional assessment, or the lack of any 90-day feeding study in rodents; missing or insufficient data, e.g. regarding unintended effects associated with the combination of the events, or regarding potential interactions of the eight proteins, which might lead to unintended effects; wrong assumptions by the applicant, e.g. as regards degradation of orally ingested DNA during its passage through the gastrointestinal tract; a partly missing environmental risk assessment, and an insufficient environmental monitoring plan (12);

whereas independent research also raises concerns about major gaps in the comparative assessment, serious gaps as regards the missing toxicology assessment, about the inconclusive assessment with regard to allergenicity, the lack of consideration of combinatorial effects, and a flawed environmental risk assessment (13);

O.	whereas, in spite of all of these concerns, EFSA did not consider any post-market monitoring of food/feed derived from genetically modified maize MON 87427, MON 89034, 1507, MON 88017 and 59122 and its sub-combinations to be necessary;

P.	whereas the vote on 11 September 2018 of the Standing Committee on the Food Chain and Animal Health referred to in Article 35 of Regulation (EC) No 1829/2003 delivered no opinion; whereas 14 Member States voted against, while only 11 voted in favour, and three abstained;

R.	whereas on 28 October 2015 Parliament rejected at first reading (15) the legislative proposal of 22 April 2015 amending Regulation (EC) No 1829/2003 and called on the Commission to withdraw it and submit a new one;

Considers that the draft Commission implementing decision exceeds the implementing powers provided for in Regulation (EC) No 1829/2003;

Considers that the draft 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 of the European Parliament and of the Council (16), to provide the basis for ensuring a high level of protection of human life and health, animal health and welfare, and environmental and consumer interests in relation to genetically modified food and feed, while ensuring the effective functioning of the internal market;

Considers, more specifically, that the draft Commission implementing decision 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;

Calls on the Commission to withdraw its draft implementing decision;

Instructs its President to forward this resolution to the Council, the Commission and 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) Scientific opinion on application EFSA-GMO-BE-2013-118 for authorisation of genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122 and subcombinations independently of their origin, for food and feed uses, import and processing submitted under Regulation (EC) No 1829/2003 by Monsanto Company, EFSA Journal Volume 15, Issue 8: https://efsa.onlinelibrary.wiley.com/doi/full/10.2903/j.efsa.2017.4921

(4)

—

—	Resolution of 16 December 2015 on 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 (OJ C 399, 24.11.2017, p. 71).

—	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 (OJ C 35, 31.1.2018, p. 19).

—	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 (OJ C 35, 31.1.2018, p. 17).

—	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) (OJ C 35, 31.1.2018, p. 15).

—

—	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) (OJ C 86, 6.3.2018, p. 111).

—	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 (OJ C 215, 19.6.2018, p. 76).

—	Resolution of 6 October 2016 on the draft Commission implementing decision authorising the placing on the market of genetically modified maize MON 810 products (OJ C 215, 19.6.2018, p. 80).

—	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 (OJ C 215, 19.6.2018, p. 70).

—	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 (OJ C 215, 19.6.2018, p. 73).

—	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 (OJ C 215, 19.6.2018, p. 83).

—

Resolution of 17 May 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified cotton GHB119 (BCS-GHØØ5-8) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ C 307, 30.8.2018, p. 67).

—

Resolution of 4 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified soybean DAS-44406-6, pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 60).

—

Resolution of 24 October 2017 on the draft Commission implementing decision authorising the placing on the market of products containing, consisting of, or produced from genetically modified oilseed rapes MON 88302 × Ms8 × Rf3 (MON-883Ø2-9 × ACSBNØØ5-8 × ACS-BNØØ3-6), MON 88302 × Ms8 (MON-883Ø2-9 × ACSBNØØ5-8) and MON 88302 × Rf3 (MON-883Ø2-9 × ACS-BNØØ3-6) pursuant to Regulation (EC) No 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ C 346, 27.9.2018, p. 133).

—

(5) EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), 2017. Scientific Opinion on application EFSA-GMO-BE-2013-118 for authorisation of genetically modified maize MON 87427 × MON 89034 × 1507 × MON 88017 × 59122 and subcombinations independently of their origin, for food and feed uses, import and processing submitted under Regulation (EC) No 1829/2003 by Monsanto Company. EFSA Journal 2017; 15(8):4921, pp. 32: https://doi.org/10.2903/j.efsa.2017.4921

(6) As confirmed in the EFSA opinion referred to above (EFSA Journal 2017; 15(8):4921).

(7) MON-87427-7 maize expresses the CP4 EPSPS protein, which confers tolerance to glyphosate-based herbicides; MON-89Ø34-3 maize expresses the Cry1A.105 and Cry2Ab2 proteins, which confer protection against certain lepidopteran pests; DAS-Ø15Ø7-1 maize expresses the Cry1F protein, which confers protection against certain lepidopteran pests, and the PAT protein, which confers tolerance to glufosinate-ammonium-based herbicides; MON-88Ø17-3 maize expresses a modified Cry3Bb1 protein, which provides protection to certain coleopteran pests, and the CP4 EPSPS protein, which confers tolerance to glyphosate-based herbicides; DAS-59122-7 maize expresses Cry34Ab1 and Cry35Ab1 proteins, which confer protection against certain coleopteran pests, and the PAT protein, which confers tolerance to glufosinate-ammonium-based herbicides.

(8) http://ec.europa.eu/food/plant/pesticides/eu-pesticides-database/public/?event=activesubstance.detail&language=EN&selectedID=1436

(9) IARC Monographs Volume 112: evaluation of five organophosphate insecticides and herbicides, 20 March 2015: http://monographs.iarc.fr/ENG/Monographs/vol112/mono112.pdf

(10) See, for example, El-Shamei Z.S., Gab-Alla A.A., Shatta A.A., Moussa E.A., Rayan A.M., Histopathological Changes in Some Organs of Male Rats Fed on Genetically Modified Corn (Ajeeb YG), Journal of American Science, 2012; 8(9), pp. 1117-1123: https://www.researchgate.net/publication/235256452_Histopathological_Changes_in_Some_Organs_of_Male_Rats_Fed_on_Genetically_Modified_Corn_Ajeeb_YG

(11) Székács A., Darvas B.., Comparative aspects of Cry Toxin Usage in Insect Control, in: Ishaaya I., Palli S.R., Horowitz A.R. (eds.), Advanced Technologies for Managing Insect Pests, Dordrecht, Netherlands, Springer, 2012; pp. 195-230: https://link.springer.com/chapter/10.1007/978-94-007-4497-4_10

(12) See EFSA Register of Questions, Annex G to Question Number EFSA-Q-2013-00926 available online at: http://registerofquestions.efsa.europa.eu/roqFrontend/ListOfQuestionsNoLogin?1

(13) Bauer-Panskus, A, Then, C, Testbiotech comment on 'Scientific Opinion on application EFSA-GMO-BE-2013-118 for authorisation of genetically modified maize MON 87427 x MON 89034 x 1507 x MON 88017 x 59122 and subcombinations independently of their origin, for food and feed uses, import and processing submitted under Regulation (EC) No 1829/2003 by Monsanto Company', available at: https://www.testbiotech.org/sites/default/files/Testbiotech_Comment_Maize%20MON%2087427%20x%20MON%2089034%20x%201507%20x%20MON%2088017%20x%2059122.pdf

(14) For example 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).

(15) OJ C 355, 20.10.2017, p. 165.

(16) OJ L 31, 1.2.2002, p. 1.

Thursday 25 October 2018

16.10.2020

Official Journal of the European Union

C 345/19

P8_TA(2018)0419

Protection of the EU's financial interests — Recovery of money and assets from third countries in fraud cases

European Parliament resolution of 25 October 2018 on protection of the EU's financial interests — Recovery of money and assets from third countries in fraud cases (2018/2006(INI))

(2020/C 345/04)

The European Parliament,

—	having regard to the Eighteenth report of the European Anti-Fraud Office (OLAF) on the year 2017,

—	having regard to Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (1),

—	having regard to Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office ('the EPPO') (2),

—	having regard to the Commission communication of 7 April 2016 on an action plan on VAT: Towards a single EU VAT area — Time to decide (COM(2016)0148),

—	having regard to the Commission report of 3 September 2018 entitled '29th Annual Report on the Protection of the European Union's financial interests — Fight against fraud — 2017' (COM(2018)0553) and the accompanying staff working documents (SWD(2018)0381 to 0386),

—	having regard to Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (3),

—	having regard to Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests (4),

—

having regard to its resolution of 23 October 2013 on organised crime, corruption and money laundering: recommendations on action and initiatives to be taken (final report) (5) (CRIM resolution) and its resolution of 25 October 2016 on the fight against corruption and follow-up of the CRIM resolution (6),

—	having regard to the Special Eurobarometer 470 report,

—	having regard to the question to the Commission on fighting customs fraud and protecting EU own resources (O-000066/2018),

—	having regard to Rule 52 of its Rules of Procedure,

—	having regard to the report of the Committee on Budgetary Control (A8-0298/2018),

A.	whereas protection of the EU's financial interests should be a key element of EU policy aimed at increasing the confidence of citizens by ensuring that their money is used properly and effectively;

B.	whereas the diversity of legal and administrative systems in the Member States presents a challenging environment for combating fraud, in the absence of uniform legislation at European level to combat organised crime;

C.	whereas Article 325(2) of the Treaty on the Functioning of the European Union states that 'Member States shall take the same measures to counter fraud affecting the financial interests of the Union as they take to counter fraud affecting their own financial interests';

whereas Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (7) introduces minimum EU standards on the freezing of property with a view to possible subsequent confiscation and on the confiscation of property in criminal matters;

E.	whereas the Commission proposal of 21 December 2016 for a regulation on the mutual recognition of freezing and confiscation orders (2016/0412(COD)) introduces standardised means of cooperation among Member States;

F.	whereas none of these instruments can apply to third countries;

G.	whereas Council Regulation (EU) 2017/1939, and particularly Article 104 thereof, envisages means of cooperation with third countries;

whereas Article 3(4) of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (CETS No 198) states: 'Each Party shall adopt such legislative or other measures as may be necessary to require that, in respect of a serious offence or offences as defined by national law, an offender demonstrates the origin of alleged proceeds or other property liable to confiscation to the extent that such a requirement is consistent with the principles of its domestic law';

whereas at regional and global level several conventions and mechanisms in relation to confiscation and asset recovery have been developed by the UN and the Council of Europe, namely the United Nations Convention against Corruption of 31 October 2003, the United Nations Convention against Transnational Organized Crime of 15 November 2000, the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005, the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of 8 November 1990; whereas, however, for various reasons these instruments do not always allow an effective and timely recovery of stolen assets;

J.	whereas this issue has been designated by the EU as one of the priorities of the common foreign and security policy; whereas pilot and preparatory projects are being implemented in this regard;

whereas in accordance with Articles 1, 3 and 14 of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (8), OLAF has a mandate to investigate everywhere where EU money is spent, including in non-EU countries receiving EU assistance;

L.	whereas in accordance with Article 14 of Regulation (EU, Euratom) No 883/2013, OLAF may enter into administrative cooperation arrangements with competent authorities in third countries, following prior coordination with the competent Commission services and the European External Action Service;

Highlights the ongoing problem of EU funds lost owing to cases of fraud involving funds being transferred to third countries;

Stresses the need, for the purposes of prevention, to avoid transfers of funds through financial intermediaries operating in non-transparent and uncooperative jurisdictions;

Highlights with concern that funds from third countries may also be fraudulently transferred to the EU; underlines that the outcome of the EU-funded Preparatory Action for Supporting Arab Spring countries to implement asset recovery carried out by the United Nations Interregional Crime and Justice Research Institute (UNICRI) should lead to a permanent and broader EU programme to implement asset recovery;

Stresses the need to link the disbursement of funds to the publication of beneficial ownership data, in order to facilitate the recovery of assets in the event of fraud;

Underlines that the EU has, unfortunately, so far only concluded agreements on mutual legal assistance with a few third countries, such as Japan, Liechtenstein, Norway and the US, despite the fact that it is suspected that funds are also transferred to other jurisdictions; calls on the Commission to encourage efforts to reach agreements with third countries receiving EU funding;

Regrets the fact that many Member States currently have to rely on bilateral agreements and that there is no EU approach to this serious issue; stresses, therefore, the need for a more unified approach;

Calls for the EU to advance with its application for membership of the Council of Europe Group of States against Corruption (GRECO) as rapidly as possible, and to keep Parliament updated on the matter;

Calls on the Commission to harden its stance in agreements signed with third countries by adding anti-fraud clauses; regrets the fact that there is no data on the amount of EU funds lost annually owing to fraudulent cases linked to money transfer to third countries; calls on the Commission to calculate the amount of EU funds lost;

Invites the Commission to undertake a risk assessment of EU laws that facilitate illegal money transfer outside of the EU, and remove the sensitive points in those laws;

10.

Calls on the Commission to establish a standardised data collection method, which would be identical for all Member States, to enable detection of the transfer of fraudulent assets to third countries, with the aim of creating a central EU database as soon as possible; underlines that such a mechanism already exists to combat money laundering, and that this mechanism could be expanded;

11.

Underlines that the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005 and the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime of 8 November 1990 constitute important instruments facilitating cooperation with third countries related to the freezing and recovery of assets; welcomes the successful conclusion of negotiations on the proposal for a regulation on the mutual recognition of freezing and confiscation orders, and notes that its main elements could form a useful basis for cooperation with third countries in the context of international conventions and bilateral agreements to which the EU is party;

12.

Regrets the fact that not all EU Member States have agreed to be part of the EPPO; stresses the importance of the EPPO becoming the key player in any future mechanism for recovery in third countries, and that this requires that it be recognised for this purpose as a competent authority, in with Article 104 of the EPPO Regulation, in existing and future agreements on mutual legal assistance and asset recovery, in particular Council of Europe and UN Conventions;

13.

Instructs its President to forward this resolution to the Council, the Commission and the European Anti-Fraud Office.

(1) OJ L 198, 28.7.2017, p. 29.

(2) OJ L 283, 31.10.2017, p. 1.

(3) OJ L 168, 7.6.2014, p. 105.

(4) OJ L 312, 23.12.1995, p. 1.

(5) OJ C 208, 10.6.2016, p. 89.

(6) OJ C 215, 19.6.2018, p. 96.

(7) OJ L 127, 29.4.2014, p. 39.

(8) OJ L 248, 18.9.2013, p. 1.

16.10.2020

Official Journal of the European Union

C 345/22

P8_TA(2018)0428

Rise of neo-fascist violence in Europe

European Parliament resolution of 25 October 2018 on the rise of neo-fascist violence in Europe (2018/2869(RSP))

(2020/C 345/05)

The European Parliament,

—	having regard to the Universal Declaration of Human Rights,

—	having regard to the report of 9 May 2017 by the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance,

—	having regard to UN General Assembly Resolution 71/179 of 19 December 2016 on 'Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance',

—	having regard to the European Convention on Human Rights, in particular Article 14 thereof and Protocol No 12 thereto,

—	having regard to the International Convention on the Elimination of All Forms of Racial Discrimination,

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

—	having regard to Articles 2, 3, 6 and 7 of the Treaty on European Union (TEU),

—	having regard to Council Directive 2000/43/EC of 29 June 2000 (1) prohibiting discrimination on grounds of race and ethnic origin (the Race Equality Directive),

—	having regard to Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law (2),

—	having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime (3),

—	having regard to 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 (4),

—	having regard to the establishment in June 2016 of the EU High Level Group on combating racism, xenophobia and other forms of intolerance,

—	having regard to the Council of Europe resolution of 30 September 2014 on counteraction to manifestations of neo-Nazism and right-wing extremism,

—	having regard to the EU Code of Practice on Disinformation,

—	having regard to the Code of Conduct on Countering Illegal Hate Speech Online,

—	having regard to Rule 123(2) and (4) of its Rules of Procedure,

A.	whereas as enshrined in Article 2 of the TEU, the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities; whereas these values are common to all Member States;

B.	whereas the lack of serious action against neo-fascist and neo-Nazi groups has enabled the occurrence of the current xenophobic surge in Europe;

C.	whereas openly neo-fascist, neo-Nazi, racist and xenophobic groups and political parties have been inciting hatred and violence in society, reminding us of what they were capable of doing in the past;

D.	whereas the dissemination of hate speech online often leads to a rise in violence, including by neo-fascist groups;

E.	whereas neo-fascist groups have taken the lives of thousands of people of all kinds, such as refugees and immigrants, ethnic and religious minorities, LGBTQI people, human rights defenders, activists, politicians and members of the police force;

F.	whereas neo-fascist groups use and abuse our democratic tools to spread hate and violence;

whereas, as reported by Europol, the EU Security Commissioner Sir Julian King, speaking at an event on 22 March 2017 to commemorate the 2016 Brussels attacks, highlighted the growing menace of right-wing violent extremism, stating that he was not aware of a single EU Member State that is not affected by the phenomenon in some way, specifically citing the 2011 Norway attacks, the assassination of British MP Jo Cox, and attacks on asylum centres and mosques across Europe to highlight what he warned was a 'less reported' threat to security; whereas neo-fascist and neo-Nazi groups manifest themselves in a variety of forms; whereas most of these groups exclude certain individuals or groups from society; whereas these organisations often use aggressive language towards minority groups and seek to justify their doing so by invoking the principle of freedom of speech; whereas the right to freedom of speech is not absolute;

whereas Article 30 of the Universal Declaration of Human Rights clearly states that nothing in the declaration 'may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms' set forth therein;

I.	whereas the International Convention on the Elimination of All Forms of Racial Discrimination affirms that its States Parties condemn all propaganda and all organisations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin;

J.	whereas the promotion of fascism is banned in several Member States pursuant to their national laws;

K.	whereas the TESAT 2018 Europol report recorded a near doubling in the number of individuals arrested for right-wing extremist offences in 2017;

L.	whereas on 22 July 2011, 77 people were killed and 151 injured in the Norway attacks;

M.	whereas on 16 June 2016 Jo Cox, Member of the UK Parliament, was brutally murdered in Birstall, UK;

N.	whereas according to the TESAT 2018 Europol report, five foiled, failed or completed terrorist attacks attributed to far-right individuals were reported in 2017 (5) in the United Kingdom;

O.	whereas on 21 September 2018 Eleonora Forenza, MEP, and her assistant Antonio Perillo were assaulted after an anti-fascist demonstration in Bari, Italy;

P.	whereas the French intelligence service has expressed concern at the increasing number of members of military and law enforcement forces joining far-right violent groups (6);

Q.	whereas the European Commission against Racism and Intolerance (ECRI), established by the Council of Europe, expressed alarm over the rise of right-wing extremism and neo-fascism in Croatia in a report published on 15 May 2018 (7);

whereas in Poland, during a demonstration in November 2017, pictures of six Members of the European Parliament, who stood up for tolerance, the rule of law and other European values, were strung from a makeshift gallows in a public square in the southern city of Katowice by the members of the far-right Polish movement ONR (National Radical Camp); whereas an investigation is still ongoing, but no charges have been brought so far against any of the suspects, even though the event was reported in numerous media, including video footage;

whereas in November 2017 to mark Poland's independence day, far-right organisations organised a large demonstration in Warsaw, gathering more than 60 000 people; whereas the demonstrators were holding xenophobic banners with slogans such as 'white Europe of brotherly nations', including some depicting the 'falanga', a fascist symbol from the 1930s;

T.	whereas the trial of the neo-Nazi party Golden Dawn, on charges of being a criminal organisation and of the assassination of Pavlos Fyssas, among other crimes, including attempted murder, is still ongoing in Greece;

whereas on 21 September 2018 LGBTQI activist Zak Kostopoulos was brutally assassinated in the centre of Athens; whereas one of the accused is allegedly related to extreme-right forces; whereas a full investigation is needed so that those responsible for his ill-treatment and death can be brought to justice;

V.	whereas an Italian man has been sentenced to 12 years in prison for shooting and wounding six African migrants in a racially motivated attack in the central Italian city of Macerata;

whereas seven members of a far-right 'vigilante' group arrested in Chemnitz in mid-September 2018 for breaching the peace were recently arraigned on suspicion of forming a terrorist organisation calling itself Revolution Chemnitz; whereas according to federal state prosecutors, investigators had upgraded the charges from criminal to terrorist after reviewing the group's internal communications;

whereas in France on 7 December 2017 five members of the movement Génération Identitaire were convicted of incitement to racial and religious hatred; whereas individuals linked to far-right groups, including Action Française, were planning a terrorist attack against a number of French politicians and mosques during the 2017 presidential elections; whereas on 24 June 2018, 10 members of the far-right group Action des Forces Opérationnelles (AFO) were arrested for planning a series of attacks targeting members of the Muslim community; whereas on 14 September 2018, two ex-skinheads were found guilty of the murder of Clément Méric, a young student and anti-fascist activist killed in June 2013;

whereas in Spain 12 members of the neo-Nazi organisation Hogar Social Madrid are currently being investigated for incitement to hatred; whereas members of the Spanish fascist groups Falange, Alianza Nacional and Democracia Nacional were arrested and convicted by the Supreme Court in Spain after attacking the Blanquerna Cultural Centre in Madrid during the celebrations of Catalonia's National Day in 2013; whereas in 2016 the anti-racist NGO SOS Racismo documented 309 cases of xenophobic violence; whereas the president of this organisation received death threats after reporting these cases and has condemned the lack of effective mechanisms to denounce these crimes;

whereas 19 people have been accused by the Francisco Franco Foundation, an entity that glorifies a dictatorship and its crimes, and the Franco family of several offences that could amount to 13 years of prison after carrying out a peaceful and symbolic action which involved unfurling two large banners from the Pazo de Meirás manor house calling on the public authorities to intervene to reclaim this property for the Galician people;

AA.

whereas the Spanish Congress of Deputies has adopted a motion to move Francisco Franco's remains from his tomb at the war memorial known as the Valley of the Fallen, a place of pilgrimage for the far right; whereas all remaining symbols or monuments exalting the military uprising, the civil war and Franco's dictatorship should effectively be removed and those that cannot be removed should be subject to the necessary contextualisation and reinterpretation, so that they may contribute to public awareness and remembrance of the past;

AB.

whereas the neo-Nazi Nordic Resistance Movement (NMR) regularly stages rallies throughout Scandinavia, chanting slogans and waving the organisation's green-and-white flags; whereas several members of the NMR have been convicted for violent attacks on civilians and the police; whereas the numerous arson attacks against refugees reception centres led the Swedish Government in 2015 to hide the location of buildings earmarked for housing refugees;

AC.	whereas every year on 16 March thousands of people gather in Riga for Latvian Legion Day to honour Latvians who served in the Waffen-SS;

AD.

whereas since the beginning of 2018 C14 and other far-right groups in Ukraine such as the Azov-affiliated National Militia, Right Sector, Karpatska Sich and others have attacked Roma groups several times, as well as anti-fascist demonstrations, city council meetings, an event hosted by Amnesty International, art exhibitions, LGBTQI events, women's rights and environmental activists;

Strongly condemns and deplores the terrorist attacks, murders, psychological violence, violent physical attacks and marches by neo-fascist and neo-Nazi organisations that have taken place in various EU Member States;

Is deeply concerned at the increasing normalisation of fascism, racism, xenophobia and other forms of intolerance in the European Union, and is troubled by reports in some Member States of collusion between political leaders, political parties and law enforcement with neo-fascists and neo-Nazis;

Is especially worried about the neo-fascist violence affecting society as a whole and targeting particular minorities such as black Europeans/people of African descent, Jews, Muslims, Roma, third-country nationals, LGBTI people and persons with disabilities;

Strongly condemns all violent attacks by neo-fascist groups against politicians and members of political parties as reported in some Member States, and in particular the recent attack by CasaPound fascist squads against Eleonora Forenza, MEP, her assistant Antonio Perillo and others who took part in an anti-fascist demonstration on 21 September 2018 in Bari, Italy;

Is deeply concerned by the impunity with which neo-fascist and neo-Nazi groups operate in some Member States and stresses that this sense of impunity is among the reasons that explain the alarming rise in violent actions by certain far-right organisations;

Acknowledges the worrying trend of neo-fascist and neo-Nazi groups using social media and the internet to organise and strategise across the European Union;

Deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence;

Recalls that the fascist ideology and intolerance are always associated with an attack on democracy itself;

Calls on the Member States to strongly condemn and sanction hate crime, hate speech and scapegoating by politicians and public officials at all levels and on all types of media, as they directly normalise and reinforce hatred and violence in society;

10.

Calls on the Member States to take further measures to prevent, condemn and counter hate speech and hate crime;

11.

Calls on the Commission, the Member States and social media companies to counteract the spread of racism, fascism and xenophobia on the internet, in cooperation with the relevant civil society organisations at a national and international level;

12.

Calls on the Member States to investigate and prosecute hate crimes and to share best practices for identifying and investigating hate crimes, including those motivated specifically by the various forms of xenophobia;

13.

Calls on the Member States to envisage and provide for adequate support for the victims of racist or xenophobic crimes and hate crimes, and the protection of all witnesses against the perpetrators;

14.

Calls on the Member States to set up anti-hate crime units in police forces; calls on police forces to ensure that their personnel do not engage in any form of racist, xenophobic or discriminatory act, and that any such act committed is investigated and those responsible brought to justice;

15.

Calls on the Commission to launch a call for civil society organisations to monitor and report hate speech and hate crime in the Member States;

16.

Supports, commends and calls for the protection of community groups and civil society organisations that fight against fascism, racism, xenophobia and other forms of intolerance;

17.

Calls for consolidated EU anti-discrimination legislation, including the transposition/implementation of existing legislation and the passing of new legislation, including the Equal Treatment Directive;

18.

Recalls that Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law, the implementation deadline for which was November 2010, provides for a legal base for imposing penalties on legal persons publicly inciting violence or hatred against a minority group, such as exclusion from public benefits, disqualification from commercial activities, placement under judicial supervision or the issuance of a winding-up order;

19.

Urges the Commission to update its 2014 report on the implementation of the aforementioned Council Framework Decision, and to initiate infringement proceedings against those Member States that have not complied with the provisions of the Decision;

20.

Urges the Member States to safeguard their compliance with the provisions of the Council Framework Decision, to counter organisations spreading hate speech and violence in public spaces and online and to effectively ban neo-fascist and neo-Nazi groups and any other foundation or association that exalts and glorifies Nazism and fascism, while respecting domestic legal order and jurisdiction;

21.

Calls for full and timely cooperation between law enforcement, intelligence agencies, the judiciary and civil society organisations in the fight against fascism, racism, xenophobia and other forms of intolerance;

22.

Calls on the Member States to follow the Council of Europe's recommendations on counteracting manifestations of neo-Nazism and right-wing extremism;

23.

Calls on the Member States to provide mandatory, human rights-based and service-oriented in-service training to law enforcement officers and officials in the judicial system at all levels;

24.

Calls on the Member States to focus on prevention through education, awareness-raising and the exchange of best practices;

25.

Calls on the Member States and national sports federations, in particular football clubs, to counteract the scourge of racism, fascism and xenophobia in stadiums and in the sports culture by condemning and punishing those responsible and by promoting positive educational activities targeting young fans, in cooperation with schools and the relevant civil society organisations;

26.

Encourages the Member States to provide training to those working in public broadcasting and the media to raise their awareness about the challenges and discrimination faced by the victims of neo-fascist and neo-Nazi groups;

27.

Calls on the Member States to put in place national 'exit programmes' to help individuals to leave violent neo-fascist and neo-Nazi groups; underlines that such programmes should go far beyond one-to-one interventions and should involve long-term support for those struggling to find jobs, relocate and develop new and safe social networks;

28.

Emphasises that an awareness of history is one of the preconditions for preventing such crimes from occurring in the future and plays an important role in educating the younger generations;

29.

Calls on the Member States to condemn and counteract all forms of Holocaust denial, including the trivialisation and minimalisation of the crimes of the Nazis and their collaborators; points out that the truth about the Holocaust must not be trivialised by political and media discourses;

30.

Calls for a common culture of remembrance that rejects the fascist crimes of the past; is deeply worried that the younger generations in Europe and elsewhere feel less and less concerned about the history of fascism, and hence risk becoming indifferent to new threats;

31.

Encourages the Member States to promote education through mainstream culture on the diversity of our society and on our common history, including the atrocities of World War II, such as the Holocaust, and the systematic dehumanisation of its victims over a number of years;

32.

Instructs its President to forward this resolution to 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 United Nations.

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

(2) OJ L 328, 6.12.2008, p. 55.

(3) OJ L 315, 14.11.2012, p. 57.

(4) OJ L 317, 4.11.2014, p. 1.

(5) https://www.europol.europa.eu/activities-services/main-reports/european-union-terrorism-situation-and-trend-report-2018-tesat-2018

(6) https://www.mediapart.fr/journal/france/090418/forces-de-l-ordre-liees-l-ultra-droite-violente-la-dgsi-s-inquiete?onglet=full

(7) https://rm.coe.int/fifth-report-on-croatia/16808b57be

16.10.2020

Official Journal of the European Union

C 345/28

P8_TA(2018)0429

Animal welfare, antimicrobial use and the environmental impact of industrial broiler farming

European Parliament resolution of 25 October 2018 on animal welfare, antimicrobial use and the environmental impact of industrial broiler farming (2018/2858(RSP))

(2020/C 345/06)

The European Parliament,

—	having regard to Council Directive 2007/43/EC of 28 June 2007 laying down minimum rules for the protection of chickens kept for meat production (1) (the Broiler Directive),

—	having regard to its resolution of 26 November 2015 on a new animal welfare strategy for 2016-2020 (2),

—	having regard to the 2017 EU One Health Action Plan against Antimicrobial Resistance,

—	having regard to the Commission communication of 19 January 2012 on the European Union Strategy for the Protection and Welfare of Animals 2012-2015 (COM(2012)0006),

—	having regard to the Report from the Commission to the European Parliament and the Council of 13 April 2018 on the application of Directive 2007/43/EC and its influence on the welfare of chickens kept for meat production, as well as the development of welfare indicators (COM(2018)0181),

—	having regard to the study by the Commission of 21 November 2017 on the application of Council Directive 2007/43/EC and development of welfare indicators,

—	having regard to the agreement (3) on the Veterinary Medicinal Products Regulation reached on 5 June 2018,

—	having regard to Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health ('Animal Health Law') (4),

—	having regard to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (5),

—	having regard to the European Convention for the Protection of Animals kept for Farming Purposes and to Council Directive 98/58/EC of 20 July 1998 on the same topic (6),

—	having regard to Commission Implementing Decision (EU) 2017/302 of 15 February 2017 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the intensive rearing of poultry or pigs (7),

—	having regard to Rules 128(5) and 123(4) of its Rules of Procedure,

whereas the EU is a major global producer of broiler chickens, with approximately 7 billion of them slaughtered for food purposes; whereas the poultry sector, which produces in accordance with the European 'Farm to Fork' principle, employs over a quarter of a million people, with 23 000 large broiler farms in Europe;

B.	whereas Directive 2007/43/EC (the Broiler Directive) lays down minimum standards for the protection of chickens kept for meat production; whereas it is important that the Commission, the Member States and producers respect these rules and pursue regular inspections in this field;

whereas according to the Commission study of 21 November 2017 on the application of Council Directive 2007/43/EC, 34 % of broiler chickens are kept at stocking densities of 33 kg/m2 in accordance with the general rule, 40 % at densities of between 34-39 kg/m2 and 26 % at the highest density (up to 42 kg/m2) permitted by the directive;

D.	whereas enforcement of the Broiler Directive is not uniform and the Commission's recent implementation report showed that enforcement is at best inconsistent across Member States;

whereas overuse of antimicrobial veterinary medicines, especially as growth promoters and for metaphylaxis and prophylaxis, has been one of the major factors influencing the development of antimicrobial resistance bacteria globally; whereas poor welfare caused by high stocking densities or heat stress can induce immunological deficits and make broiler chickens more susceptible to disease;

whereas the presence of multi-drug resistant zoonotic strains of Campylobacter spp. and Salmonella spp. in broiler farms and on broiler meat poses an increasing threat to public health, as reported by the European Food Safety Authority (EFSA) and the European Centre for Disease Prevention and Control (ECDC);

whereas animal welfare rules should be updated on the basis of new scientific findings and with due regard for the long-term competitiveness of agricultural livestock husbandry; whereas the use of farming systems with higher welfare can improve animal health and welfare outcomes, thus contributing to a reduction in the need for antimicrobials, while continuing to deliver high product quality;

H.	whereas the 2010 EFSA scientific opinion on the influence of genetic parameters on the welfare and the resistance to stress of commercial broilers showed that genetic selection based on the growth rates of broiler chickens can compromise the health and welfare of these animals;

I.	whereas European citizens have a strong interest in animal welfare and wish to be able to make more informed choices as consumers;

whereas the latest special Eurobarometer on animal welfare shows that more than 50 % of European citizens look for information on the method of production when buying animal products and may be willing to pay more for higher animal welfare; whereas more than 80 % of European citizens want the welfare of farmed animals to be enhanced in the EU;

whereas 25 % of the breast poultry meat consumed in the EU is imported from third countries with less strict legislation on animal welfare; whereas most of the imported poultry meat is used in food services or food processing, where information on the origin and labelling of the meat is not mandatory;

whereas Thailand, Brazil and Ukraine, accounting altogether for 90 % of the imports from third countries, have all been subjected to audits by the Commission's DG SANTE, which have highlighted significant deficiencies in the production process and in respect for EU legislation; whereas EU farmers, as well as NGOs, have expressed concerns over the economic, social and environmental impacts of imports of cheaply produced chicken meat and misleading labelling of chicken meat processed in the European Union, but originating from third countries;

Acknowledges the outcomes of the Commission report on the application of Directive 2007/43/EC and its influence on the welfare of chickens kept for meat production indicating that only two thirds of Member States have properly implemented the directive; is concerned about the predominance, as demonstrated in the report, of higher stocking densities in many places than the general rule of 33 kg/m2;

Is concerned about the increase in multi-drug resistant zoonotic agents typically encountered in broiler farming, such as Campylobacter spp., Salmonella spp. and E. coli;

Recognises the efforts already made by farmers on broiler welfare in the various Member States in implementing the Broiler Directive and particularly by those partaking in voluntary schemes;

Calls on the Commission and Member States to ensure a harmonised implementation and full enforcement of Directive 2007/43/EC in terms of building specifications and safety to ensure the objectives of the directive;

Stresses that unfair competition leads to an uneven playing field, as those who are non-compliant undercut those who comply with the rules;

Calls on the Commission to ensure robust and measurable harmonised animal welfare indicators for broiler chickens and parent stock, including guidance for best available practices for hatcheries;

Calls on the Commission and Member States to tackle poultry housing fires by promoting best practices; calls on the Member States to make full provision for appropriate and sufficient training courses for keepers, as set out in Directive 2007/43/EC;

Calls for EFSA to produce an opinion on the prevalence and risk factors for antimicrobial-resistant Campylobacter spp., Salmonella spp. and E. coli with zoonotic potential;

Welcomes the agreement on the Veterinary Medicinal Products Regulation reached on 5 June 2018; welcomes the provisions laid down to restrict the use of antibiotics for meta- and prophylaxis; recalls its position on preventive measures and the EMA/EFSA joint scientific opinion (8) calling for: the use of breeding stock that grows more healthily and slowly, stocking densities that do not increase the risk of disease, smaller groups, isolation of sick animals (Article 10 of Regulation (EU) 2016/429), and implementation of existing welfare laws; trusts that the regulation will facilitate the much-needed action on antimicrobial resistance (AMR) and stimulate innovation in the field of veterinary medicine; considers that the European poultry sector and national authorities are undertaking initiatives to reduce the use of antibiotics through the modernisation of poultry farms;

10.

Stresses that improved animal husbandry techniques lead to a better quality of life for poultry and reduce the need to use antimicrobials, examples of such improvements being providing natural light, clean air and more space, and reducing ammonia; reminds the Commission of the statement set out in the Animal Health Strategy and the significant promotion that prevention is better than cure;

11.

Stresses that animal welfare serves as a preventive measure in itself, contributing to reducing the risk of the animal becoming ill and thereby lowering the use of antimicrobials and delivering production results that are often higher; notes that the incorrect use of antimicrobials could render them ineffective, which would consequently be a danger for human health;

12.

Calls on the Commission to enhance AMR research and best practices and to ensure that preventive measures such as disease surveillance and controls are carried out effectively by Member States;

13.

Calls on the Commission to promote policies encouraging the uptake of alternative rearing systems for broiler chickens, as well as of traditional and/or broiler breeds that allow for higher welfare;

14.

Calls on the Commission to draw up a roadmap to support competitive and sustainable poultry meat production and breeding which ensures higher welfare for broiler chickens;

15.

Calls on the Commission to reinforce controls performed at borders on imported poultry meat from third countries to make sure these imports comply with EU legislation on animal welfare, food safety and the environment;

16.

Stresses that imports of chicken meat from countries with lower environmental, social, food safety and animal welfare standards have increased; calls on the Commission to ensure that imported chicken meat, meat products and preparations have been produced in line with the environmental, social, food safety and animal welfare standards of the Union in order to guarantee a fair and level playing field for EU producers;

17.

Calls on the Commission to propose legislation on mandatory labelling of the origin of imported meat in EU processed products in the retail, catering and food services so that consumers can make an informed choice;

18.

Calls on the Commission to establish an EU method of production marking for broiler chickens similar to the existing EU method for eggs, in order to improve transparency and communication to consumers on animal welfare in agricultural production;

19.

Instructs its President to forward this resolution to the Commission and the Member States.

(1) OJ L 182, 12.7.2007, p. 19.

(2) OJ C 366, 27.10.2017, p. 149.

(3) Texts adopted, P8_TA(2018)0421.

(4) OJ L 84, 31.3.2016, p. 1.

(5) OJ L 95, 7.4.2017, p. 1.

(6) OJ L 221, 8.8.1998, p. 23.

(7) OJ L 43, 21.2.2017, p. 231.

(8) EMA Committee for Medicinal Products for Veterinary Use (CVMP) and EFSA Panel on Biological Hazards (BIOHAZ), 2016. EMA and EFSA Joint Scientific Opinion on measures to reduce the need to use antimicrobial agents in animal husbandry in the European Union, and the resulting impacts on food safety.

16.10.2020

Official Journal of the European Union

C 345/32

P8_TA(2018)0430

2018 UN Climate Change Conference in Katowice, Poland (COP24)

European Parliament resolution of 25 October 2018 on the 2018 UN Climate Change Conference in Katowice, Poland (COP24) (2018/2598(RSP))

(2020/C 345/07)

The European Parliament,

—	having regard to the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol thereto,

—	having regard to the Paris Agreement, Decision 1/CP.21, to the 21st Conference of the Parties (COP21) to the UNFCCC and to the 11th Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (CMP11), held in Paris, France from 30 November to 11 December 2015,

—

having regard to the 18th Conference of the Parties (COP18) to the UNFCCC and the 8th Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (CMP8), held in Doha, Qatar from 26 November to 8 December 2012, and to the adoption of an amendment to the Protocol establishing a second commitment period under the Kyoto Protocol starting on 1 January 2013 and ending on 31 December 2020,

—

having regard to the opening for signature of the Paris Agreement at the United Nations (UN) Headquarters in New York on 22 April 2016, and to the fact that it remained open until 21 April 2017, that 195 states have signed the Paris Agreement, and that 175 states have deposited instruments for its ratification,

—

having regard to the 23rd Conference of the Parties (COP23) to the UNFCCC, the 13th session of the Meeting of the Parties to the Kyoto Protocol (CMP13), and the 2nd session of the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement (CMA2), held in Bonn, Germany, from 4 November to 16 November 2017,

—	having regard to the United Nations 2030 Agenda for Sustainable Development and to the Sustainable Development Goals (SDGs),

—	having regard to its resolution of 3 July 2018 on EU climate diplomacy (1),

—	having regard to its resolution of 4 October 2017 on the 2017 UN Climate Change Conference in Bonn, Germany (COP23) (2),

—	having regard to the Commission communication of 20 July 2016 entitled 'Accelerating Europe's transition to a low-carbon economy' (COM(2016)0500),

—	having regard to the European Council conclusions of 15 February 2016, 30 September 2016, 23 June 2017 and 22 March 2018,

—	having regard to the Council conclusions of 13 October 2017, 26 February 2018 and 9 October 2018,

—	having regard to Council Decision (EU) 2017/1541 of 17 July 2017 on the conclusion, on behalf of the European Union, of the Kigali Amendment to the Montreal Protocol on substances that deplete the ozone layer (3),

—	having regard to the submission on 6 March 2015 by Latvia and the European Commission to the UNFCCC of the Intended Nationally Determined Contributions (INDCs) of the EU and its Member States (MS),

—	having regard to the 5th Assessment Report (AR5) of the Intergovernmental Panel on Climate Change (IPCC), to its Synthesis Report and to the IPCC Special Report entitled 'Global Warming of 1,5oC',

—	having regard to the eighth Synthesis Report of the United Nations Environment Programme (UNEP) of November 2017, entitled 'The Emissions Gap Report 2017', as well as to its third Adaptation Gap Report for 2017,

—	having regard to the International Energy Agency's Global Energy and CO2 Status Report 2017,

—	having regard to the 'Statement on the state of the global climate in 2017' by the World Meteorological Organisation (WMO) of March 2018 and to the 13th WMO 'Greenhouse Gas Bulletin' of 30 October 2017,

—	having regard to the World Economic Forum's 'Global Risks Report 2018' (4),

—	having regard to the statement by the Green Growth Group of 5 March 2018, signed by 14 EU environment and climate ministers, on 'Financing EU climate action — reinforcing climate spending and mainstreaming in the next Multiannual Financial Framework (MFF)' (5),

—	having regard to the report published by the Commission Joint Research Centre in November 2017 entitled 'CO2 — An operational anthropogenic CO2 emissions monitoring and verification support capacity' (6),

—	having regard to the Fairbanks Declaration adopted by the Foreign Ministers of the Arctic States at the 10th Ministerial meeting of the Arctic Council, held in Fairbanks, Alaska, 10-11 May 2017,

—	having regard to the first edition of the One Planet Summit held in Paris on 12 December 2017 and the 12 commitments adopted thereat,

—	having regard to Pope Francis' encyclical Laudato Si',

—	having regard to the Meseberg Declaration of 19 June 2018,

—	having regard to Rules 128(5) and 123(2) of its Rules of Procedure,

A.	whereas the Paris Agreement entered into force on 4 November 2016 with 181 of the 197 Parties to the Convention having deposited their instruments of ratification, acceptance, approval or accession with the UN (as of 11 October 2018);

B.	whereas on 6 March 2015, the EU submitted the INDC of the EU and its Member States to the UNFCCC, thus committing itself to a binding target of at least a 40 % domestic reduction in GHG emissions by 2030 compared with 1990 levels;

whereas the commitments made so far by the signatories to the Paris Agreement will not be sufficient to achieve the common goal; whereas the current Nationally Determined Contribution (NDC) submitted by the EU and its Member States is also not in line with the goals set out in the Paris Agreement and needs therefore to be revised;

whereas essential elements of EU legislation contributing to fulfilling the EU NDC, in particular the Renewable Energy Directive and the Energy Efficiency Directive, have been concluded with an increased level of ambition, bringing the EU to a GHG emissions reduction target of at least 45 % by 2030; whereas a 45 % reduction in the EU by 2030 does not yet make a sufficient contribution to attaining the goals of the Paris Agreement and the mid-century goal of net-zero emissions;

E.	whereas transparency in measuring emissions is key to achieving significant progress in reducing GHG emissions globally in a just manner;

F.	whereas, after three years in which the figures remained stationary, 2017 saw an increase in global and EU carbon emissions; whereas this increase is spread unevenly across the world;

G.	whereas the high occurrence of extreme weather events and temperature records in 2017 increases the urgency of global climate action;

whereas an ambitious climate mitigation policy can create growth and jobs; whereas, however, some specific sectors are vulnerable to carbon leakage if the ambition is not comparable in other markets; whereas appropriate protection against carbon leakage is therefore necessary to protect jobs in these specific sectors;

whereas climate change is a multiplier of a number of other threats that disproportionately affect developing countries; whereas droughts and other adverse weather events degrade and destroy resources on which poor people directly depend for their livelihoods and provoke increased competition for the remaining resources, contributing to humanitarian crises and to tension, forced displacement, radicalisation and conflicts; whereas there is evidence that climate change has played a role in unrest and the spread of violence in the Middle East, the Sahel and the Horn of Africa, with repercussions far beyond;

J.	whereas the IPCC's 1,5oC report further demonstrates that the impacts of such a temperature increase are likely to be significantly less severe than those of a 2oC increase;

whereas the long-term success of climate change mitigation requires far stronger action, in particular by developed countries, to get out of the carbon economy and to foster climate-smart growth, including in developing countries; whereas continuous efforts must be made to strengthen financial, technological and capacity-building support to developing countries;

whereas the failure of major emitters to reduce their GHG emissions in line with the action required to limit the global average temperature rise to 1,5oC or 2oC exacerbates the already enormous scale and costs of the necessary adaptation to climate change, with particularly serious consequences for least developed countries (LDCs) and small island developing states (SIDS); whereas all initiatives by LDCs and SIDS to produce risk information and early warnings should be supported;

M.	whereas the growing gap between adaptation needs and efforts must be reversed urgently through much stronger mitigation and adaptation measures;

N.	whereas it is untenable to let adaptation costs lie where they fall and those bearing the main responsibility for GHG emissions must shoulder most of the global burden;

O.	whereas Article 7 of the Paris Agreement sets a global goal for adaptation and this goal must now be operationalised without further delay; whereas national adaptation plans (NAPs) should play an important role;

whereas forests contribute substantially to climate change mitigation and adaptation; whereas deforestation accounts for nearly 20 % of global GHG emissions and is driven in particular by expanding industrial production of livestock, soy and palm oil, including for the EU market; whereas the EU should reduce its indirect contribution to deforestation ('embodied deforestation'), for which it bears a responsibility;

whereas land is a scarce resource and its use for production of conventional and first-generation biofuel feedstock can aggravate food insecurity and destroy the livelihoods of poor people in developing countries, in particular through land grabs, forced displacement, pollution and violations of indigenous peoples' rights; whereas carbon offsetting and reforestation schemes can also cause such damage if they are not properly designed and implemented;

Recalls that climate change, as a cause and multiplier of other risks, is one of the most pressing challenges facing humanity, and that all states and players worldwide need to do their utmost to fight it through strong individual action; underlines also that timely international cooperation, solidarity and consistent and persistent commitment to joint action constitute the only solution to fulfilling the collective responsibility of preserving the entire planet and its biodiversity for current and future generations; stresses that the EU is ready to continue its leading role in this global effort, while at the same time ensuring sustainable low-GHG economic development that provides for energy security, a competitive advantage for European industries and job creation;

Scientific basis for climate action

Points out that the WMO has confirmed that 2015, 2016 and 2017 were the three warmest years on record, leading to a very pronounced Arctic warmth that will have long-lasting repercussions on overall sea levels and weather patterns worldwide;

Considers that the profound and most likely irreversible impacts of a 2oC rise in global temperatures might be avoided if the more ambitious target of 1,5oC is pursued, but this would require rising global GHG emissions to fall to net zero by 2050 at the latest; underlines that the technological solutions needed are available and are becoming increasingly cost-competitive, and that all EU policies should be closely aligned with the Paris Agreement's long-term goals and regularly reviewed to keep them in line with these objectives; looks forward, therefore, to the findings of the 2018 IPCC special report on the impacts of global warming of 1,5oC above pre-industrial levels;

Underlines that, according to the WHO, climate change affects the social and environmental determinants of health — clean air, safe drinking water, sufficient food and secure shelter — and that between 2030 and 2050 250 000 additional deaths per year are expected from malnutrition, malaria, diarrhoea and heat stress; notes that extremely high air temperatures are direct contributors to deaths from cardiovascular and respiratory diseases, particularly among elderly people; recognises that climate change is a catalyst for conflicts; considers that full implementation of the Paris Agreement commitments would greatly contribute to enhancing European and international security and peace;

Paris Agreement ratification and implementation of commitments

Welcomes the unprecedented pace of ratification of the Paris Agreement, as well as the global mobilisation and the determination of both state and non-state actors to ensure its full and rapid implementation, as expressed in the commitments made at major global events such as the 2017 North American Climate Summit held in Chicago on 4-6 December 2017, the One Planet Summit held in Paris on 12 December 2017 and the Global Climate Action Summit held in San Francisco on 12-14 September 2018;

Stresses that current NDCs would only limit global warming to a temperature rise of about 3,2oC (7) and would not even come close to 2oC; calls on all Parties to contribute constructively to the process to be put in place towards 2020 when NDCs need to be updated and to ensure that their NDCs are in line with the long-term temperature goal of the Paris Agreement to keep the global temperature rise to well below 2oC above pre-industrial levels, and to pursue efforts to limit the increase even further to 1,5oC; acknowledges that current pledges, including the one submitted by the Union and its Member States, are insufficient to achieve the goals of the Agreement; stresses, therefore, that global GHG emissions should reach their peak as soon as possible and that all parties, especially the EU and all G20 nations, must step up their efforts and update their NDCs by 2020, following the 2018 Talanoa Dialogue aimed at closing the remaining gap towards that goal;

Considers that, should other major economies fail to make commitments comparable with those of the EU on GHG emission reductions, it will be necessary to maintain carbon leakage provisions, particularly those aimed at sectors with a high carbon leakage risk, in order to ensure the global competitiveness of European industry;

Regrets that in most third countries which have made commitments under the Paris Agreement the debate on increasing their contributions is starting only very slowly; asks, therefore, that the Commission streamline the EU's considerations on increasing its commitment, with stronger efforts to motivate other partners to do the same;

Stresses the importance of an ambitious climate policy for the EU to act as a credible and reliable partner globally, of maintaining the EU's global climate leadership, and of adherence to the Paris Agreement; welcomes the agreement by the European Parliament and the Council to raise the targets for renewables and energy efficiency to 32 % and 32,5 % respectively by 2030, which will result in GHG emission reductions of over 45 % by 2030; welcomes, therefore, the Commission's comments on updating the EU's NDC to take this higher ambition into account and increase its 2030 emissions reduction target; calls on the Commission to prepare, by the end of 2018, an ambitious mid-century zero emissions strategy for the EU, providing a cost-efficient pathway towards reaching the net-zero emissions goal adopted in the Paris Agreement and a net-zero carbon economy in the Union by 2050 at the latest, in line with a Union fair share of the remaining global carbon budget; supports an update of the Union's NDC with an economy-wide target of 55 % domestic GHG emission reductions by 2030 compared with 1990 levels;

10.

Welcomes the announcement by the UN Secretary-General regarding the organisation of a Climate Summit in September 2019 on the sidelines of the 74th General Assembly, in order to accelerate climate action to achieve the goals of the Paris Agreement and in particular to promote raising the ambition of climate commitments; calls on the EU and its Member States to support this effort by showing engagement and political will to enhance their own commitments, and to advocate strong contributions by other Parties;

11.

Regrets the announcement by US President Donald Trump of his intention to withdraw the United States from the Paris Agreement, and consider this a step backwards; expresses its satisfaction that all major Parties have confirmed their commitment to the Paris Agreement since President Trump's announcement; strongly welcomes the continued mobilisation for climate action of major US states, cities, universities and other non-state actors under the 'we are still in' campaign;

12.

Insists that, in particular after President Trump's announcement, it is important to have appropriate provisions in place against carbon leakage and to ensure that the best performers get free allowances as agreed in the ETS Directive; asks the Commission to examine the effectiveness and legality of additional measures to protect industries at risk of carbon leakage, for example a carbon border tax adjustment and consumption charge, in particular in respect of products coming from countries that do not fulfil their commitments under the Paris Agreement;

13.

Welcomes the entry into force of the Kigali Amendment to the Montreal Protocol on 1 January 2019, with 27 Parties having so far deposited their instruments of ratification, including seven Member States; calls upon all Parties to the Montreal Protocol, especially those Member States which have not yet submitted their instruments of ratification, to take all necessary steps towards its swift ratification as a necessary contribution to the implementation of the Paris Agreement and meeting the mid-term and long-term climate and energy targets;

14.

Welcomes the ratification of the Doha Amendment to the Kyoto Protocol by all the Member States and the deposition of the joint Union ratification on 21 December 2017; considers that this step will provide important negotiating leverage for the successful conclusion of the 2018 climate negotiations and, thanks to collaborative efforts, will effectively reduce greenhouse emissions;

15.

Underlines that the pre-2020 implementation and ambition were a key point during the COP23 negotiations; welcomes the decision to hold two stocktaking exercises during the COPs in 2018 and 2019; calls on the Commission and the Member States to prepare contributions on emissions reductions up to 2020 to be presented at the pre-2020 stocktake at COP24; considers these as important steps towards the goal of increasing ambition for the post-2020 period by all Parties, and thus looks forward to the outcome of the first stocktaking exercise in Katowice, which should take the form of a COP Decision reconfirming the commitment to increase the ambition of the Parties' 2030 NDCs by 2020 in order to align them with the long-term goals of the Paris Agreement;

16.

Calls on the Commission and the Member States to use communication strategies and activities to increase public and political support for climate action and to raise awareness of the co-benefits of fighting climate change, such as improved air quality and public health, the conservation of natural resources, economic growth and higher employment, increased energy security and reduced energy import costs, as well as advantages in international competition through innovation and technological development; underlines that attention should also be drawn to the interconnections between climate change and social injustice, migration, instabilities and poverty, and to the fact that global climate action can largely contribute to resolving these issues;

17.

Emphasises the synergies that exist between the Paris Agreement, the 2030 Agenda for Sustainable Development, the Sendai Framework and the Addis Ababa Action Agenda (Finance for Development), as well as with other Rio Conventions, these representing important and interlinked steps forward in ensuring that poverty eradication and sustainable development can be tackled simultaneously;

COP24 in Katowice

18.

Recognises the achievement of the COP22 and COP23 Presidencies in jointly preparing the design of the 2018 Talanoa Dialogue which was broadly approved by the Parties and launched in January 2018; looks forward to its first results during COP24 and the political conclusions thereafter to bring global collective ambition into line with the long-term goals of the Paris Agreement by 2020; appreciates that the Talanoa Dialogue is not limited to discussions among national governments, but allows a range of stakeholders, including regions and cities and their elected representatives, to bring key climate action issues to the attention of national and global policymakers; welcomes the Cities and Regions Talanoa Dialogues and is looking forward to further dialogues being held in Europe; looks forward to the input from non-state actors and calls on all Parties to submit their contributions in a timely manner in order to facilitate the political discussions in Katowice;

19.

Recognises further that in spite of all the progress made on the Paris Action Work Programme (the Rulebook) during COP23, significant challenges lie ahead in order to complete it and reach concrete decisions at COP24; calls for all the necessary preparatory work to be carried out ahead of the summit in order to finalise the Rulebook, which is paramount to the timely implementation of the Paris Agreement;

20.

Supports a Rulebook requiring a high level of transparency and robust binding rules for all Parties in order to accurately measure progress and build further trust among the Parties involved in the international process; is concerned that some Parties remain reluctant to work towards full transparency in measuring emissions; calls on all the major economies to take the lead in negotiations on the Rulebook and to promote binding requirements for monitoring and verification systems, including timely and reliable greenhouse gas emission data and estimates;

21.

Stresses the importance of complementing the Rulebook with observation-based atmospheric data to increase the reliability and accuracy of reporting; calls on the Commission, the European Space Agency (ESA), the European Organisation for the Exploitation of Meteorological Satellites (EUMETSAT), the European Centre for Medium-Range Weather Forecasts (ECMWF), the Integrated Carbon Observation System (ICOS) European research infrastructure, the national inventory agencies and research centres and other key players to develop operational capacity that can produce anthropogenic emission information using satellite data and meeting the necessary requirements, including a constellation of satellites;

22.

Underlines the importance of the EU speaking with a single and unified voice at COP24 in Katowice in order to ensure its political power and credibility; urges all Member States to support the EU mandate in the negotiations and in bilateral meetings with other actors;

23.

Calls on the Commission and the Member States to bring climate action on to the agenda of important international fora within the UN, and of bodies such as the G7 and G20, and to seek multilateral partnerships on specific issues concerning the implementation of the Paris Agreement and of the SDGs;

Openness, inclusiveness and transparency

24.

Calls on the Commission and the Member States to maintain and strengthen strategic partnerships with developed countries and emerging economies so as to establish a group of climate leaders in the next few years, and to show greater solidarity towards vulnerable states; supports sustained and active EU engagement within the High Ambition Coalition (HAC) and with its member countries in order to give visibility to their determination to achieve meaningful implementation of the Paris Agreement through the conclusion of a robust Rulebook in 2018 and a successful Talanoa Dialogue at COP24;

25.

Stresses that the effective participation of all parties is needed to pursue the objective of limiting the increase in the global average temperature to 1,5oC, which in turn requires that the issue of vested or conflicting interests be addressed; reiterates, in this context, its support for the initiative taken by governments representing the majority of the world's population to introduce a specific conflicts-of-interest policy within the UNFCCC; calls on the Commission and the Member States to engage constructively in that process without compromising the aims and objectives of the UNFCCC and the Paris Agreement;

26.

Underlines that 80 % of people displaced by climate change are women, who are in general more impacted by climate change than men yet bear a greater burden while not being as involved in key decision-making on climate action; stresses therefore that women's empowerment, as well as their full and equal participation and leadership in international forums, such as the UNFCCC, and national, regional and local climate action, are vital for the success and effectiveness of such action; calls on the EU and the Member States to mainstream the gender perspective into climate policies, and to promote the participation of indigenous women and women's rights defenders within the UNFCC framework;

27.

Welcomes the COP23 decision for the Adaptation Fund to continue to serve the Paris Agreement; recognises the significance of the Fund for those communities most vulnerable to climate change, and therefore welcomes the new pledges of USD 93 million made by Member States to the Fund;

28.

Recognises that the EU and its Member States are the largest provider of public climate finance; expresses concern that the actual pledges by developed countries fall far short of their collective goal of USD 100 billion per year; stresses the importance of all developed Parties meeting their contributions to this goal, as long-term financing is decisive in enabling developing countries to fulfil their adaptation and mitigation targets;

29.

Stresses that the EU's budget should be consistent with its international commitments on sustainable development and with its mid- and long-term climate and energy targets, and should not be counterproductive to these targets or hamper their implementation; notes with concern that the target of 20 % of total EU spending dedicated to climate action is likely to be missed and calls therefore for corrective action; underlines further that climate and energy targets should be at the heart of the political discussions on the post-2020 Multiannual Financial Framework (MFF) from the outset in order to ensure that the resources required to achieve them will be in place; recalls its position to increase current climate-related spending from 20 % to 30 % as soon as possible and at the latest by 2027; considers that all remaining MFF spending should be Paris-compliant and not counterproductive to climate efforts;

30.

Calls for the establishment of a dedicated and automatic EU public finance mechanism that provides additional and adequate support towards delivering the EU's fair share of the USD 100 billion international climate finance goal;

Role of non-state actors

31.

Recalls that the Paris Agreement recognises the important role played by multilevel governance in climate policies and the need to engage with regions, cities and non-state actors;

32.

Expresses its satisfaction with the growing global mobilisation of an ever-broader range of non-state actors committed to climate action with concrete and measurable deliverables; highlights the critical role of civil society, the private sector and sub-state governments in pressurising and driving public opinion and state action; calls on the EU, the Member States and all Parties to stimulate, facilitate and engage in completely transparent dialogue with non-state actors, who increasingly become frontrunners in the fight against climate change, as well as with sub-national actors, in particular where EU relations with national governments in the field of climate policy have deteriorated; praises, in this light, the pledge made during COP23 by 25 pioneering cities, representing 150 million citizens, to become net-zero emissions cities by 2050;

33.

Calls on the Commission to further intensify its relations with local and regional authorities, to enhance thematic and sectoral cooperation between cities and regions both within and outside the EU, to develop adaptation and resilience initiatives, and to strengthen sustainable development models and emission reduction plans in key sectors such as energy, industry, technology, agriculture and transport in both urban and rural areas, e.g. through twinning programmes, through the International Urban Cooperation programme, through support for platforms such as the Covenant of Mayors and by building new fora for exchanging best practice; calls on the EU and the Member States to support efforts by regional and local actors to introduce regionally and locally determined contributions (similar to NDCs) where climate ambition can be increased through this process;

34.

Encourages the Commission to lay down concrete greenhouse gas emission reduction targets for 2050 for all sectors in its proposal for the EU long-term mid-century net-zero emission strategy, and to set out a clear path how to reach these targets, including concrete milestones for 2035, 2040 and 2045; calls on the Commission to include proposals on how to enhance removals by sinks in line with the Paris Agreement, so as to achieve net-zero greenhouse gas emissions within the EU by 2050 at the latest, and to go into negative emissions soon thereafter; calls for this strategy to ensure a fair distribution of effort between sectors, to include a mechanism to incorporate the results of the five-yearly global stocktake, and to take into account the findings of the upcoming IPCC Special Report, the recommendations and positions of the European Parliament, and the views of non-state actors such as local and regional authorities, civil society and the private sector;

35.

Underlines that the EU's long-term strategy should be viewed as an opportunity to set out strategic future priorities for a modern, green EU economy that makes full use of the potential of technological progress, that maintains a high level of social security as well as high consumer standards, and that will be beneficial for industry and civil society, particularly in the long run;

36.

Encourages the Commission and the Member States to develop strategies and programmes to address the transition within sectors caused by decarbonisation and by technological developments, and to enable the exchange of knowledge and good practices between affected regions, workers and businesses, as well as to provide support to regions and workers to help them prepare for structural changes, to actively seek new economic potential and to develop strategic location policies in order to ensure a just transition to a net-zero emission economy in Europe;

37.

Considers that in order to ensure the consistency of NDCs with the economy-wide commitments required by the Paris Agreement, Parties should be encouraged to include emissions from international shipping and aviation and to agree and implement measures at international, regional and national level to address emissions from these sectors;

Comprehensive efforts by all sectors

38.

Welcomes the continued development of emissions trading systems globally and specifically the launch in December 2017 of the initial phase of the Chinese nationwide carbon trading scheme covering the power sector; welcomes also the agreement on the linking of the EU ETS and the Swiss system signed at the end of 2017, and encourages the Commission to further explore such linkages and other forms of cooperation with the carbon markets of third states and regions, as well as to stimulate the setting-up of further carbon markets and other carbon pricing mechanisms that will contribute to reducing global emissions, bring extra efficiencies and cost savings, and reduce the risk of carbon leakage by creating a global level playing field; calls on the Commission to establish safeguards to ensure that any linkage with the EU ETS will continue to deliver additional and permanent mitigation contributions and will not undermine the Union's domestic greenhouse gas emission commitments;

39.

Regrets that transport is the only sector in which emissions have grown since 1990; stresses that this is not compatible with long-term sustainable development, which instead requires reductions in emissions from all sectors of society at a greater and faster rate; recalls that the transport sector will need to be fully decarbonised by 2050;

40.

Expresses its strong disappointment that the Commission's proposal on post-2020 CO2 emissions standards for passenger cars and light commercial vehicles is not in line with the long-term goals of the Paris Agreement;

41.

Expresses concern about the level of ambition of ICAO's Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), given the ongoing work on the Standards and Recommended Practices (SARPs) meant to implement the scheme from 2019; strongly opposes the efforts to impose CORSIA on flights within Europe, overriding EU laws and independence in decision-making; stresses that further dilution of the draft CORSIA SARPs is unacceptable; calls on the Commission and the Member States to do their utmost in strengthening CORSIA's provisions and hence its future impact;

42.

Recalls Regulation (EU) 2017/2392 of the European Parliament and of the Council of 13 December 2017 amending Directive 2003/87/EC to continue current limitations of scope for aviation activities and to prepare to implement a global market-based measure from 2021 (8), and in particular its Article 1(7) which clearly states that, as co-legislators, the European Parliament and the Council are the sole institutions to decide on any future amendment to the ETS Directive; calls on the Member States, in the spirit of the Interinstitutional Agreement on Better Law-Making, to submit a formal reservation with respect to the CORSIA SARPs, stating that the implementation of CORSIA and participation in its voluntary phases require the prior agreement of the Council and the European Parliament;

43.

Recalls that another extension of the derogation for extra-EEA flights to be exempt from the EU ETS was granted by the Union until 2024 in order to facilitate the ICAO process for a global solution to aviation emissions; stresses, however, that any further amendment of legislation should only be undertaken if it is consistent with the Union's economy-wide greenhouse gas emission reduction commitment, which does not envisage the use of offset credits after 2020;

44.

Welcomes the fact that, in aviation, the EU ETS has already delivered around 100 million tonnes of CO2 reductions/offsets;

45.

Recalls that CO2 emissions from shipping are projected to increase by 50 % to 250 % in the period to 2050 and that technical means of substantially reducing emissions from ships already exist; welcomes the agreement on the initial IMO Strategy on reduction of GHG emissions from ships during the 72nd session of the IMO's Marine Environment Protection Committee in April 2018, as a first step for the sector to contribute to the realisation of the temperature goal in the Paris Agreement; calls on the IMO to agree rapidly on the new mandatory emissions reduction measures necessary to deliver on the targets, and stresses the importance and urgency of implementing those before 2023; underlines that further measures and action are needed to address maritime emissions and calls, therefore, for the EU and the Member States to closely monitor the impact and implementation of the IMO agreement and to consider additional EU action to ensure that GHG emissions from ships are reduced in line with the temperature target in the Paris Agreement; urges the Commission to include international shipping in its forthcoming 2050 decarbonisation strategy to guide EU investment decisions into zero carbon fuels and propulsion technologies for shipping;

46.

Notes that deforestation and forest degradation are responsible for 20 % of global GHG emissions; underlines the important role of forests and wetlands in climate mitigation as they provide a high carbon capture potential; points out that natural carbon sinks and reservoirs in the EU and globally should be conserved and enhanced over the long term, and that the overall size of global forests, as well as their adaptive capacities and resilience to climate change, need to be further increased in order to reach the long-term goal of the Paris Agreement; emphasises further the need for mitigation efforts focused on the tropical forest sector, starting with addressing the underlying causes of forest loss and climate change;

Climate resilience through adaptation

47.

Calls on the Commission to revise the EU adaptation strategy, as adaptation action is an inevitable necessity for all countries if they are to minimise the negative effects of climate change and make full use of the opportunities for climate-resilient growth and sustainable development;

48.

Views the operationalisation of the local communities and indigenous peoples platform as one of the successes of COP23 and as another important step in realising the Paris decisions; believes that the platform will facilitate the effective exchange of experiences and best practices in adaptation efforts and strategies;

49.

Stresses the need to develop public, transparent and user-friendly systems and tools to keep track of the progress and effectiveness of national adaptation plans and actions;

Climate diplomacy

50.

Strongly supports the continuation and further strengthening of the Union's political outreach and climate diplomacy, which is essential for raising the profile of climate action in partner countries and global public opinion; calls for human and financial resources in the EEAS and the Commission to be allocated in a manner which better reflects the strong commitment to and increased engagement in climate diplomacy; insists on the need to develop a comprehensive strategy for EU climate diplomacy and to integrate climate into all fields of EU external action, including trade, development cooperation, humanitarian aid and security and defence;

51.

Emphasises the deepening implications of climate change for international security and regional stability stemming from environmental degradation, loss of livelihood, climate-induced displacement of people and associated forms of unrest where climate change can often be regarded as a threat multiplier; urges the EU and the Member States, therefore, to work with their partners around the world to better understand, integrate, anticipate and manage the destabilising effects of climate change; stresses accordingly the importance of mainstreaming climate diplomacy in the EU's conflict prevention policies;

52.

Calls on the Commission and the Member States to launch high-ambition alliances to lead by example in the mainstreaming of climate action across different foreign policy issues, including trade, international migration, the reform of international financial institutions and peace and security;

53.

Calls on the Commission to integrate the climate change dimension into international trade and investment agreements by making the ratification and implementation of the Paris Agreement a condition for future trade agreements; invites the Commission to carry out a comprehensive assessment of the consistency of the existing agreements with the Paris Agreement;

Industry and competitiveness

54.

Emphasises that climate change is above all a societal challenge and that the fight against it should therefore remain one of the guiding principles of EU policies and actions, including in the field of industry, energy, research and digital technologies;

55.

Welcomes the efforts of, and the progress made so far by, European citizens, businesses and industry to meet the obligations of the Paris Agreement; encourages them to set higher ambitions and to take full advantage of the opportunities arising from the Paris Agreement, keeping pace with technological developments;

56.

Stresses that a stable and predictable legal framework and clear policy signals at both EU and global level facilitate and enhance climate-related investment; underlines, in this regard, the importance of the legislative proposals under the 'Clean Energy for All Europeans' Package for strengthening the EU's competitiveness, empowering citizens, and setting targets that are in line with EU commitments under the Paris Agreement and its five-year revision mechanism;

57.

Welcomes the fact that several countries hosting major competitors of the EU's energy-intensive industries have introduced carbon trading or other pricing mechanisms; encourages other countries to follow suit;

58.

Stresses the importance of increasing the number of quality jobs and skilled workers in EU industry to drive its innovation and sustainable transition; calls for a holistic and inclusive process to develop a vision for an alternative business model in coal and carbon-intensive regions with a high share of workers in carbon-dependent sectors, so as to facilitate a sustainable transformation for thriving industries and services while recognising the patrimony and heritage and available workforce skills; underlines the important role of Member States in speeding up reforms that can lead to a just transition of the workforce in those regions; recalls that additional EU financial support plays an indispensable role in this regard;

Energy policy

59.

Recalls that investment in renewable energy in the EU is decreasing; stresses, therefore, the importance of renewable energy and energy efficiency for reducing emissions, as well as for energy security and preventing and alleviating energy poverty in order to protect and help vulnerable and poor households; calls for the global promotion of energy efficiency and energy-saving measures and the development of renewables and their effective deployment (e.g. by stimulating self-production and consumption of renewable energy sources);

60.

Recalls that prioritisation of energy efficiency, including through the energy efficiency first principle, and global leadership in renewables are two of the main goals of the EU's Energy Union; stresses the importance of ambitious legislation under the Clean Energy Package for the achievement of those goals, as well as of the upcoming mid-century strategy for the effective implementation in EU policies of commitments under the Paris Agreement to contain the rise in average global temperatures to well below 2oC, with the further aim of keeping it below 1,5oC;

61.

Underlines the importance of developing energy storage technologies, smart grids and demand response that will contribute to strengthening the effective deployment of renewable energy in power generation and the household heating and cooling sectors;

62.

Calls on the EU to push the international community to adopt without delay concrete measures, including a timetable, for progressively phasing out environmentally harmful subsidies which distort competition, discourage international cooperation and hinder innovation;

Research, innovation, digital technologies and space policy

63.

Underlines the fact that continued and reinforced research and innovation in the areas of climate change mitigation, adaptation policies, resource efficiency, sustainable low-emission and zero-emission technologies, the sustainable use of secondary raw material ('circular economy') and data collection on climate change hold the key to fighting climate change in a cost-effective way and contribute to reducing dependence on fossil fuels; calls, therefore, for global commitments to boost and focus investment in these areas; stresses the need to prioritise funding for sustainable energy projects, under the new Horizon Europe programme, given the Union's commitments within the Energy Union and under the Paris Agreement;

64.

Stresses that the SDGs represent a radical change in international policies on development cooperation and that the EU has committed to implementing them in both its internal and external policies; emphasises, in line with the external dimension of the SDGs, the need to explore different methods to assist developing countries and emerging economies in their energy transition through, inter alia, capacity-building measures, help in reducing the capital costs of renewables and energy-efficiency projects, technology transfer and solutions for the development of smart cities and remote and rural communities, thus helping them deliver on their commitments under the Paris Agreement; welcomes, in this respect, the newly established European Fund for Sustainable Development;

65.

Recalls that research, innovation and competitiveness are among the five pillars of the EU's Energy Union strategy; notes that the EU is determined to remain a global leader in these fields, while at the same time developing close scientific cooperation with international partners; stresses the importance of building and maintaining a strong innovation capacity in both developed and emerging countries for the deployment of clean and sustainable energy technologies;

66.

Recalls the fundamental role of digital technologies in supporting the energy transition and, in particular, improving energy efficiency and savings; stresses the climate benefits that the digitalisation of European industry can bring through the efficient use of resources and the reduction of material intensity, and by enhancing the current workforce;

67.

Strongly believes that the Union space programmes should be designed in such a way as to ensure that they contribute to the fight against climate change and to mitigation strategies; recalls in this context the particular role of the Copernicus system and the need to ensure that it includes a CO2 monitoring service; stresses the importance of maintaining the free, full and open data policy, since this is essential for the scientific community and underpins international cooperation in this field;

Climate action in developing countries

68.

Insists on the need to keep open the possibility of limiting global warming to 1,5oC and on the duty of major emitters, including the EU, to rapidly ramp up their mitigation efforts, which can generate significant sustainable development co-benefits, as well as to substantially increase their support for climate action in developing countries;

69.

Underlines the importance of climate-informed decision-making and of supporting this through the improvement of climate services of special relevance to developing countries; calls for this to be made a significant objective of EU-funded research and for strong EU efforts to facilitate technology transfer to developing countries; calls for a WTO declaration on intellectual property rights and climate change, comparable to that on the TRIPS agreement and public health adopted in Doha in 2001;

70.

Recalls the developed countries' commitment to provide new and additional financing for climate action in developing countries reaching USD 100 billion per year by 2020; recognises the need for a continued increase in, and stricter accounting of, the financial effort, including through paying attention to the requirement that the financing be new and additional and through only including the grant equivalents of loans, calculated using the method agreed in the OECD's Development Assistance Committee; recommends that EU Member States follow the practices developed by the Commission for the use of the Rio markers for official development assistance with a climate objective;

71.

Calls on the EU to comply with the principle of policy coherence for development (PCD), as enshrined in Article 208 of the TFEU, as it constitutes a fundamental aspect of the EU's contribution to the Paris Agreement; calls, therefore, for the EU to ensure consistency between its development, trade, agriculture, energy and climate policies;

72.

Recalls that climate change has both direct and indirect effects on agricultural productivity; reiterates its call for a transformative change in the way that we produce and consume food towards agro-ecological practices, in line with the conclusions of the International Assessment of Agricultural Knowledge, Science and Technology for Development (IAASTD) and the recommendations of the UN special rapporteur on the right to food; commends the initiatives taken by the Food and Agriculture Organisation (FAO) to scale up agro-ecology in order to achieve the SDGs; urges the EU and its Member States to frame their development policy along these lines, including in the agriculture investment window of the EFSD;

73.

Underlines that the ongoing increase in transport and trade-related CO2 emissions undermines the effectiveness of the EU's climate change strategy; notes that promotion of export-led development, including through export-oriented industrial agriculture, is difficult to reconcile with the climate change mitigation imperative;

74.

Believes that the EU should look into ways of introducing controls on European trade in and consumption of forest-risk commodities such as soy, palm oil, eucalyptus, beef, leather and cocoa, taking into account the lessons learned from the FLEGT Action Plan and the Timber Regulation and from the EU measures to regulate other supply chains in order to end or prevent serious harm; notes that the keys to the success of such efforts include enforcing traceability and mandatory due diligence requirements throughout the supply chain;

75.

Calls on the European Investment Bank to put a rapid end to lending to fossil fuel projects and asks the EU Member States to end all export credit guarantees to fossil fuel projects; calls for specific public guarantees in favour of green investments, labels and fiscal advantages for green investment funds and for issuing green bonds;

76.

Stresses the importance of operationalising the global goal on adaptation and of mobilising major new funds for adaptation in developing countries; calls for the EU and its Member States to commit to a significant increase in the adaptation finance they provide; recognises the need for progress also on the issue of loss and damage, for which additional resources should be raised through innovative sources of public finance using the Warsaw International Mechanism;

77.

Emphasises the need for bottom-up, local-led projects that reach particularly vulnerable people and communities; notes that the current emphasis on blending operations and guarantees to facilitate private investment favours major-scale projects and calls for an appropriate balance in the use of assistance funds;

78.

Notes that the aviation industry relies heavily on carbon offsets and that forest offsets are difficult to measure and impossible to guarantee; stresses the need to ensure that the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) and other projects in no way harm food security, land rights, indigenous peoples' rights or biodiversity, and that the principle of free prior informed consent is respected;

Role of the European Parliament

79.

Believes, since it must give its consent to international agreements and plays a central role in the domestic implementation of the Paris Agreement as co-legislator, that it needs to be well integrated into the EU delegation; expects, therefore, to be allowed to attend EU coordination meetings in Katowice and to be guaranteed access to all preparatory documents from the moment negotiations begin;

o o

80.

Instructs its President to forward this resolution to the Council and the Commission, the governments and parliaments of the Member States and the Secretariat of the UNFCCC, with the request that it be circulated to all non-EU Parties.

(1) Texts adopted, P8_TA(2018)0280.

(2) OJ C 346, 27.9.2018, p. 70.

(3) OJ L 236, 14.9.2017, p. 1.

(4) http://www3.weforum.org/docs/WEF_GRR18_Report.pdf

(5) http://www.bmub.bund.de/fileadmin/Daten_BMU/Download_PDF/ Europa___International/green_growth_group_financing_climate_action_bf.pdf

(6) http://copernicus.eu/news/report-operational-anthropogenic-co2-emissions-monitoring

(7) UNEP, 'The Emissions Gap Report 2017 — The emissions gap and its implications', p. 18

(8) OJ L 350, 29.12.2017, p. 7.

16.10.2020

Official Journal of the European Union

C 345/45

P8_TA(2018)0431

14th meeting of the Convention on Biological Diversity (COP14)

European Parliament resolution of 25 October 2018 on the 14th meeting of the Conference of the Parties to the Convention on Biological Diversity (COP14) (2018/2791(RSP))

(2020/C 345/08)

The European Parliament,

—	having regard to its resolution of 2 February 2016 on the mid-term review of the EU's Biodiversity Strategy (1),

—	having regard to its resolution of 15 November 2017 on an Action Plan for nature, people and the economy (2),

—

having regard to the Commission report of 20 May 2015 entitled 'The State of Nature in the European Union: Report on the status of and trends for habitat types and species covered by the Birds and Habitats Directives for the 2007-2012 period as required under Article 17 of the Habitats Directive and Article 12 of the Birds Directive' (COM(2015)0219),

—	having regard to the questions to the Commission and to the Council on the 14th meeting of the Conference of the Parties to the Convention on Biological Diversity (COP14) (O-000115/2018 — B8-0413/2018 and O-000116/2018 — B8-0414/2018),

—	having regard to the motion for a resolution of the Committee on the Environment, Public Health and Food Safety,

—	having regard to Rules 128(5) and 123(2) of its Rules of Procedure,

whereas the mission statement of the Strategic Plan for Biodiversity 2011-2020, adopted by the Parties to the Convention on Biological Diversity (CBD) in 2010, is to take effective and urgent action to halt the loss of biodiversity (the extraordinary variety of ecosystems, species and genetic resources that surround us) in order to ensure that by 2020 ecosystems are resilient and continue to provide essential services, thereby securing the planet's variety of life, and contributing to human well-being and poverty eradication;

B.	whereas the 2050 Vision adopted under the CBD is 'Living in harmony with nature' where 'by 2050, biodiversity is valued, conserved, restored and wisely used, maintaining ecosystem services, sustaining a healthy planet and delivering benefits essential for all people';

whereas the 2050 Vision is supported by five overall goals: (a) address the underlying causes of biodiversity loss by mainstreaming biodiversity across government and society; (b) reduce the direct pressures on biodiversity and promote sustainable use; (c) improve the status of biodiversity by safeguarding ecosystems, species and genetic diversity; (d) enhance the benefits to all from biodiversity and ecosystem services; and (e) enhance implementation through participatory planning, knowledge management and capacity-building;

D.	whereas the Nagoya Protocol on Access and Benefit Sharing aims to ensure that benefits arising out of the utilisation of genetic resources are shared in a fair and equitable manner;

whereas the EU 2020 Biodiversity Strategy aims to halt the loss of biodiversity and ecosystem services in the EU and help stop global biodiversity loss by 2020, bearing in mind the intrinsic value of biodiversity and the essential contribution of ecosystem services to human well-being and economic prosperity;

whereas the EU and the Member States have adopted the 2030 Agenda and its accompanying Sustainable Development Goals (SDGs), which call for the transformation of our world and the protection of our planet, including life on land and below water, and have committed themselves to their full implementation;

G.	whereas the deterioration of ecosystems means enormous social and economic losses for the EU;

General remarks

Notes with concern that the 2020 Aichi Biodiversity Targets will not be met with the current trajectory of biodiversity loss, and calls on all Parties to and stakeholders of the CBD to step up their efforts; urges the Commission and the Member States, in this regard, to commit to immediate, substantial and additional efforts on biodiversity conservation so as to meet EU targets;

Stresses that the protection of global biodiversity is an essential challenge and thus a strategic EU interest that should receive the highest political attention; calls on the Commission and the Member States to actively engage, particularly through their external instruments, with third countries to promote and strengthen biodiversity conservation measures and governance, in particular in all multilateral agreements;

Stresses the need for a comprehensive governance regime to address the conservation and sustainable use of biodiversity and ecosystem services; calls on the EU and the Member States to remain strongly committed to further strengthening the CBD and to taking a leading role in the preparation of the post-2020 framework, in particular in the run-up to the fourteenth and fifteenth meetings of the Conference of the Parties, and to transparently set out their visions and priorities for the post-2020 global biodiversity framework;

Recalls that the conservation and restoration of biodiversity underpins the achievement of most of the SDGs and is essential for achieving EU policy objectives related, inter alia, to the environment, food security, climate change mitigation and adaptation, health, disaster-risk reduction and migration;

Recalls that biodiversity and ecosystem preservation is inherently synergistic and a core element of sustainable development; stresses the need for, and calls on the Commission and the Member States to facilitate, the adoption of biodiversity mainstreaming and improved environmental policy coherence in all internal and external policies of the EU, also with regard to their commitment to the full implementation of the SDGs by 2030;

Believes it to be critically important to address key drivers of biodiversity loss and deterioration with a long-term strategic approach and to develop and implement effective decisions and measures ranging from identifying and conserving protected areas based on the sensitivity of those areas, the presence of endangered species or identified knowledge gaps and/or effective management, to limiting losses of biodiversity and negative impacts on indigenous and local communities' territories and livelihoods, restoring ecosystems and their services also outside protected areas, mainstreaming biodiversity into other sectors such as agriculture, forestry, land use planning, development cooperation, research and innovation, transport, mining and health, and eliminating perverse subsidies; considers it essential also to contain biodiversity loss and its negative impact on the land and on the means of subsistence of local and indigenous communities;

Implementation of the Convention and the Strategic Plan for Biodiversity 2011-2020

Recalls that the COP14 in Egypt marks the twenty-fifth anniversary of the entry into force of the Convention; considers it therefore of the utmost importance to step up efforts on the implementation of the current Strategic Plan for Biodiversity 2011-2020, to focus on the achievement of the Aichi Biodiversity Targets and the core elements of the Nagoya Protocol on Access and Benefit Sharing and to work on an ambitious post-2020 strategic plan and implementation mechanism, with a view to developing a 2050 scenario which takes into account new challenges in the field of biodiversity, in line with the 2030 Agenda and the SDGs;

Highlights the role of the Aichi Biodiversity Targets in achieving the 2030 Agenda and the SDGs, in particular SDG 14 (to conserve and sustainably use the oceans, seas and marine resources) and SDG 15 (to protect terrestrial ecosystems, sustainably manage forests, combat desertification, halt and reverse land degradation and halt biodiversity loss);

Notes with concern that assessments (3) of the conservation status of species and habitat types of conservation interest in the EU show that only 7 % of marine species and 9 % of marine habitat types show a 'favourable conservation status' and that 27 % of species assessments and 66 % of habitat type assessments show an 'unfavourable conservation status';

Post-2020 global biodiversity framework

10.

Urges steps to increase the ambition and improve the functioning of the post-2020 global biodiversity framework; calls on the Commission and the Member States to actively pursue the development of clear, quantitative, measurable targets with performance indicators, better tracking instruments, commitment processes and review and reporting mechanisms with common standards, echoing the mechanisms of the Paris Climate Agreement, to improve the transparency and accountability for Parties and the overall effectiveness of the next global biodiversity framework;

11.

Highlights that a stronger international framework is needed to protect global biodiversity, to stop its current decline and to restore it as much as possible; believes that such a framework should be based on targets and voluntary commitments, comprising nationally determined contributions, supported by local and regional contributions, and other appropriate instruments, financial commitments and improved capacity building assurances, as well as a five-yearly review mechanism, with an emphasis on improved governance of protected areas and more effective conservation measures, and an upward trajectory of ambition;

12.

Highlights the importance of minimising time lags that may arise between the adoption of the post-2020 global biodiversity framework and its translation into national biodiversity targets, in order to avoid delays to concrete actions aimed at stemming biodiversity loss;

Economic considerations and financing

13.

Underlines the fact that economic growth can facilitate sustainable development only if it is decoupled from the degradation of biodiversity and the capacity of nature to contribute to human well-being and stresses the importance of upscaling nature-based solutions to help societies address complex challenges with social and economic aspects in a fully sustainable way;

14.

Highlights the need for sufficient financing for biodiversity; underlines the fact that biodiversity proofing and the possible earmarking of funds for biodiversity in the next multiannual financial framework would have a significant and positive effect on the achievement of the 2050 Vision;

15.

Calls on the Commission and the Member States to promote the establishment of new international financial mechanisms for biodiversity conservation linked to the CBD and highlights the importance of private financing initiatives in this regard;

16.

Stresses the importance of increasing investments to achieve the Paris Agreement commitments in order to reduce impacts of climate change on biodiversity and to ensure coherence between policies for climate change mitigation and adaptation and biodiversity;

Forestry and agriculture

17.

Welcomes the fact that the recommendation 10.2(g) (XXI/1) for the COP14 decision mentions the potential of forestry and agriculture; underlines the fact that agricultural activities and preservation of biodiversity are closely linked; emphasises the fact that sustainable agriculture and forestry contribute greatly to the variety of species, habitats and ecosystems, and reduce the effects of climate change;

18.

Notes, however, the negative impact of intensive agriculture on biodiversity, in particular with regard to deforestation and the use of pesticides; recalls the alarming decline of pollinators which are key for well-functioning ecosystems; calls on Parties to undertake strong commitments towards sustainable agriculture and forestry, including supporting requirements for the promotion of agro-ecological approaches and the phase-out of harmful plant protection products, and strategies to ensure the protection of soil and habitats;

Innovation

19.

Welcomes the fact that technological development is mentioned in 10.2(h) (XXI/1); recalls the importance of innovation, research and development in order to achieve the objectives of the 2050 Vision, and calls on the Parties to focus in particular on the links between biodiversity preservation and benefits to human health and economic well-being, and to coordinate data collection measures;

Capacity-building, public awareness and involvement of all actors

20.

Stresses that capacity building and awareness-raising, inter alia on the values of biodiversity and ecosystem services, are key for a successful implementation; welcomes, therefore, the fact that COP13 adopted in its decision XIII/23 as well as in recommendation XXI/1 a short-term action plan (2017-2022) to enhance and support capacity-building and its communication strategy, and calls on COP14 to further elaborate on these key issues;

21.

Stresses the importance of a comprehensive and participatory process to shape the post-2020 framework;

22.

Welcomes the fact that public awareness campaigns are considered in XXI/1 for the preparation of COP14 and calls on the Parties to promote public awareness and multi-stakeholder involvement to ensure tailor-made solutions with local communities and indigenous peoples in order to foster the sustainable use of lands for increased biodiversity so that regional differences in landscapes and habitats are fully respected;

23.

Welcomes the intention to actively pursue a multi-stakeholder approach including regional and local actors, which is fundamental to valuing, protecting, conserving, sustainably using and restoring biodiversity and underlines that improved engagement with and between governance levels and sectors, as well as business biodiversity platforms, will create opportunities for better implementation of biodiversity targets and mainstreaming of biodiversity objectives into other policies;

o o

24.

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

(1) OJ C 35, 31.1.2018, p. 2.

(2) OJ C 356, 4.10.2018, p. 38.

(3) Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, 'The Regional Assessment Report on Biodiversity and Ecosystem Services for Europe and Central Asia', 2018.

16.10.2020

Official Journal of the European Union

C 345/49

P8_TA(2018)0432

Employment and social policies in the euro area

European Parliament resolution of 25 October 2018 on the employment and social policies of the euro area (2018/2034(INI))

(2020/C 345/09)

The European Parliament,

—	having regard to Articles 3 and 5 of the Treaty on European Union (TEU),

—	having regard to the Commission white paper of 16 February 2012 entitled 'An Agenda for Adequate, Safe and Sustainable Pensions' (COM(2012)0055),

—	having regard to Articles 9, 145, 148, 149, 152, 153, 174 and 349 of the Treaty on the Functioning of the European Union (TFEU),

—	having regard to the Interinstitutional Agreement of 13 April 2016 between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (1),

—	having regard to the Charter of Fundamental Rights of the European Union, and, in particular, to Title IV (Solidarity) thereof,

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

—	having regard to the UN Sustainable Development Goals, in particular goals 1, 3, 4, 5, 8, 10 and 13,

—	having regard to the Five Presidents' Report of 22 June 2015 on 'Completing Europe's Economic and Monetary Union',

—	having regard to the Council recommendation of 14 May 2018 on the economic policy of the euro area (2),

—	having regard to the Council conclusions of 7 December 2015 on the promotion of the social economy as a key driver of economic and social development in Europe,

—	having regard to the Commission communication of 23 May 2018 on the 2018 European Semester — Country-specific recommendations (COM(2018)0400),

—	having regard to the Commission communication of 22 November 2017 entitled 'Annual Growth Survey 2018' (COM(2017)0690),

—	having regard to the draft Joint Employment Report from the Commission and the Council of 22 November 2017 accompanying the Commission communication of 22 November 2017 on the Annual Growth Survey 2018 (COM(2017)0674),

—	having regard to the Commission proposal of 22 November 2017 for a Council decision on guidelines for the employment policies of the Member States (COM(2017)0677), and to Parliament's position thereon of 19 April 2018 (3),

—	having regard to the Commission recommendation of 22 November 2017 for a Council recommendation on the economic policy of the euro area (COM(2017)0770),

—	having regard to the Commission report of 22 November 2017 entitled 'Alert Mechanism Report 2018' (COM(2017)0771),

—	having regard to the Commission communication of 22 November 2017 entitled '2018 Draft Budgetary Plans: Overall Assessment' (COM(2017)0800),

—	having regard to the Commission communication of 26 April 2017 entitled 'Establishing a European Pillar of Social Rights' (COM(2017)0250),

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

—	having regard to the Commission staff working document of 26 April 2017 entitled 'Taking stock of the 2013 Recommendation on "Investing in children: breaking the cycle of disadvantage"' (SWD(2017)0258),

—	having regard to the Commission's Strategic Engagement for Gender Equality 2016-2019, and to the European Pact for Gender Equality 2011-2020 and the Council conclusions of 7 March 2011 thereto (4),

—	having regard to the 2002 Barcelona childcare targets, namely to provide childcare by 2010 to at least 90 % of children between three years old and the mandatory school age and at least 33 % of children under three years of age,

—	having regard to the Commission communication of 4 October 2016 entitled 'The Youth Guarantee and Youth Employment Initiative three years on' (COM(2016)0646),

—	having regard to the Commission proposal of 14 September 2016 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 Commission communication of 14 September 2016 entitled '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' (COM(2016)0581),

—	having regard to the Commission communication of 10 June 2016 entitled 'A new skills agenda for Europe — Working together to strengthen human capital, employability and competitiveness' (COM(2016)0381),

—	having regard to the Commission communication of 2 June 2016 entitled 'A European agenda for the collaborative economy' (COM(2016)0356),

—	having regard to the Circular Economy Package (5),

—	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 communication of 8 March 2016 on launching a consultation on a European Pillar of Social Rights (COM(2016)0127) and its annexes,

—	having regard to its resolution of 11 September 2018 on pathways for the reintegration of workers recovering from injury and illness into quality employment (6),

—	having regard to its resolution of 14 March 2018 on the European Semester for economic policy coordination: employment and social aspects in the Annual Growth Survey 2018 (7),

—	having regard to its resolution of 16 November 2017 on combating inequalities as a lever to boost job creation and growth (8),

—	having regard to its resolution of 26 October 2017 on the economic policies of the euro area (9),

—	having regard to its resolution of 24 October 2017 on minimum income policies as a tool for fighting poverty (10),

—	having regard to its resolution of 14 September 2017 on a new skills agenda for Europe (11),

—	having regard to its resolution of 19 January 2017 on a European Pillar of Social Rights (12),

—	having regard to its resolution of 26 May 2016 on Poverty: a gender perspective (13),

—	having regard to its resolution of 25 November 2015 on the EU Strategic Framework on Health and Safety at Work 2014-2020 (14),

—	having regard to the Commission's 2018 Pension Adequacy Report: Current and future income adequacy in old age in the EU,

—	having regard to the Commission's 2018 Ageing Report: Economic and Budgetary Projections for the EU Member States (2016-2070),

—	having regard to its position of 2 February 2016 on the proposal for a decision of the European Parliament and of the Council on establishing a European Platform to enhance cooperation in the prevention and deterrence of undeclared work (15),

—	having regard to the revised European Social Charter and the Turin Process, launched in 2014 with the aim of strengthening the treaty system of the European Social Charter within the Council of Europe and in its relationship with the law of the European Union (16),

—	having regard to the concluding observations of the UN Committee on the Rights of Persons with Disabilities on the initial report of the European Union (September 2015),

—	having regard to the European Court of Auditors Special report No 5/2017 of March 2017 entitled: 'Youth unemployment — have EU policies made a difference? An assessment of the Youth Guarantee and the Youth Employment Initiative',

—	having regard to Rule 52 of its Rules of Procedure,

—	having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Culture and Education (A8-0329/2018),

whereas in June 2018 the seasonally adjusted unemployment rate in the euro area was 8,3 %, which was down from 9,0 % in June 2017 and constituted the lowest rate recorded in the euro area since December 2008; whereas the difference in unemployment rates among the euro area Member States is significant, with the lowest unemployment rates in June 2018 recorded in Malta (3,9 %) and Germany (3,4 %), and the highest — and still a matter of concern — observed in Greece (20,2 % in April 2018) and Spain (15,2 %), whose employment rates were 57,8 % and 65,5 % respectively;

whereas in June 2018 the youth unemployment rate in the euro area was 16,9 % compared with 18,9 % in June 2017; whereas, despite continually decreasing, this rate remains unacceptably high, and more than twice the total unemployment average, with approximately 1 out of every 3 young people unemployed in some countries; whereas the primary responsibility for tackling unemployment rests with the Member States in terms of developing and implementing labour market regulatory frameworks, education and training systems and active labour market policies in order to ensure, inter alia, the creation of decent job opportunities with decent wages;

whereas the difference in youth unemployment rates among the euro area Member States is also significant, with the lowest youth unemployment rates in the euro area in June 2018 found in Malta (5,5 %) and Germany (6,2 %) and the highest in Greece (42,3 % in April 2018), Spain (34,1 %) and Italy (32,6 %);

whereas other Member States are facing structural labour market challenges, such as low participation, and skills and qualifications mismatches; whereas there is a growing need for concrete measures for the integration or re-integration of the inactive workforce in order to meet labour market demands;

whereas the total employment rate for the euro area in 2017 was 71,0 %, and the employment rate for women was 65,4 %; whereas the target for the European Union under the Europe 2020 Strategy is to achieve at least 75 % employment for persons aged 20-64, including through the greater involvement of women, older workers and the better integration of migrants in the workforce; whereas the euro area employment rate surpassed the pre-crisis high by the end of 2016 and grew by 1,5 % in the second quarter of 2018 compared with the same quarter of the previous year; whereas, however, it still falls short of levels recorded a decade ago in some Member States, bearing in mind that in Eastern countries this can be attributed to long-term decline in overall population rather than negative labour market developments; whereas the declining trend in hours worked per employee due, inter alia, to involuntary part-time work, remains a concern, with a slight decline (0,3 %) in 2017 on the previous year and a level still approximately 3,0 % lower than in 2008 (17);

whereas labour market segmentation particularly affects women, low-skilled, young and older people, people with disabilities and people with a migrant background, who are also more likely to be employed in part-time and temporary work, which, in addition to non-standard and atypical forms of employment, and bogus self-employment, continues to persist; whereas the employment rate of 55-64 year-olds was 57 % in 2017 in the EU, 10 percentage points lower than the general employment rate, with a gender gap of 13 percentage points — 3 points higher than the corresponding figure for the total working-age population; whereas demographics are forecasting a growing number of older workers;

G.	whereas universal access to quality healthcare is a basic need that Member States must secure and invest in;

whereas in 2016, the percentage of people at risk of poverty or social exclusion in the euro area was 23,1 %, still higher than the 2009 figure, while the in-work poverty rate was 9,5 %; whereas 118 million European citizens are still at risk of poverty or social exclusion, 1 million more than the pre-crisis level; whereas the Europe 2020 target of reducing the risk of poverty and social exclusion by 20 million relative to the 2008 benchmark is still far from being achieved; whereas while material deprivation rates are falling, monetary and at-risk of poverty rates are on the rise;

I.	whereas in the euro area the long-term unemployment rate is decreasing (from 5 % in 2016 to 4,4 % in 2017), but whereas it still accounts for 48,5 % of total unemployment, which is unacceptably high;

J.	whereas according to the Employment and Social Developments in Europe (ESDE) 2018 annual review, the restrained pace of growth in productivity per person employed affecting wage growth is linked to factors such as the higher share of part-time jobs and the lower numbers of hours worked;

whereas the part-time employment and temporary work rate in the euro area has remained stable since 2013, albeit accounting for a high proportion of total employment, with part-time work comprising 21,2 % of all contracts in 2017; whereas the share of part time work among women (31,4 %) is significantly higher than it is among men (8,2 %), a phenomenon which can have significant repercussions for income and social protection entitlements; whereas in 2016 young people far and away accounted for the highest share of temporary contracts — 43,8 % of all employees aged 15 to 24;

whereas pension adequacy is still a challenge, as the risk of social exclusion increases with age, while the gender pension gap of 37 % still poses a challenge to many older women, increasing their risk of poverty and social exclusion; whereas the pension entitlements of people in non-standard and self-employment are lower than for employees;

M.	whereas access to social services, such as childcare, healthcare and long-term care services, as well as to affordable services that support mobility, have a significant impact on the adequacy of income, particularly for people with low incomes or those reliant on social protection;

Notes that while the economic conditions in the euro area are currently favourable and overall employment is steadily growing, the economic recovery is not evenly distributed across the euro area, and there is still much room for improvement in terms of economic convergence, the fight against youth and long-term unemployment, gender imbalances, labour market segmentation and inequality, especially for vulnerable groups, and in terms of reducing the number of people working below their qualification level, poverty in general and in-work poverty in particular, eradicating child poverty, and fostering productivity and wage growth; notes that income inequality would have been much higher were it not for the redistributive effects of social transfers, which in 2015 reduced the share of people at risk of poverty by approximately one third (33,7 %); laments the fact, however, that its impact was insufficient and differed greatly across the Member States, reducing income inequality by more than 20 % in Belgium, Finland and Ireland, but by less than 10 % in Estonia, Greece, Italy, Latvia and Portugal;

Emphasises that the enjoyment of social rights and a properly functioning and efficient social protection system which provides adequate protection for all workers, regardless of their type of employment relationship, contract or form of employment are, in addition to active and sustainable labour market policies, important preconditions for reducing poverty and social exclusion, particularly for the most vulnerable, ensuring inclusive national labour markets and strengthening the resilience and competitiveness of the euro area economy as a whole;

Welcomes the increased financial support, via the Structural Reform Support Programme (SRSP), for Member States to pursue their reforms in creating quality jobs to boost employment, in reducing unemployment, with an emphasis on tackling long-term and youth unemployment, and in seeking to bring about wage increases; welcomes the Commission's proposal to enlarge the scope of the SRSP to cover countries whose currency is not the euro, with the aim of fostering economic and social convergence throughout the EU;

Takes note of the Commission's 2018 country-specific recommendations (CSRs), which are an important part of the European Semester process, and welcomes the special attention they devote to social challenges; encourages the Commission to ensure coherence between social and economic CSRs and to respect the flexibility clause in the Stability and Growth Pact, as stated in the Council's Commonly Agreed Position on Flexibility in the Stability and Growth Pact; notes with concern that only 50 % of the CSRs for 2017 were either fully or partially implemented and encourages the Member States, therefore, to step up their efforts to implement the recommendations, particularly in the following areas:

—	poverty and social exclusion, including child and in-work poverty, especially among vulnerable groups,

—	youth and long-term unemployment in line with the Council recommendation on the integration of long-term unemployed into the labour market (18),

—	income inequalities,

—	wage growth,

—	combatting early school leaving and the high number of NEETs,

—	education, lifelong learning, vocational education and training (VET),

—	the sustainability and adequacy of pension systems,

—	healthcare, including long-term care,

—	secure and adaptable employment

—	gender balances, namely labour market participation, and the gender pay and pension gaps;

Emphasises, therefore, that decent job creation, access to social protection, regardless of employment relationship or contract type, and wage growth have a significant impact on reducing inequalities, the risk of poverty and social exclusion, and will help to improve standards of living and support economic recovery; stresses that the Member States' reforms, as advocated by the Commission through the CSRs, should therefore focus in particular on policies that increase productivity and sustainable growth potential, support the creation of quality employment and reduce inequality and poverty, especially child poverty; encourages the creation of open-ended forms of employment, while ensuring adaptability, promoting an inclusive labour market and ensuring a fair work-life balance;

Welcomes the Commission communication of 13 March 2018 on monitoring the implementation of the European Pillar of Social Rights (EPSR) (COM(2018)0130), which aligns the Pillar with the European Semester cycle by reflecting the priorities of the EPSR in the analysis of measures taken and progress made at national level; emphasises that the EU's social goals and commitments should be as equal a priority as its economic goals; calls on the Commission and the Member States to reinforce social rights by implementing the EPSR in such a way as to build a real social dimension for the EU (through legislation, policy-making mechanisms and financial instruments provided at the appropriate level);

Notes that the labour markets of euro area countries differ significantly, which constitutes a challenge to their proper functioning; calls, therefore, albeit without prejudice to the principle of subsidiarity, for well-designed labour market policies and reforms that create quality employment, promote equal opportunities, the equal treatment of workers, and the social and solidarity economy, facilitate equal access to the labour market and social protection, facilitate labour mobility, reintegrate the unemployed and tackle inequalities and gender imbalances; calls on the Member States to develop social and economic policies in line with the principles of the Commission recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market (19), specifically ensuring the provision of adequate income support, accessible labour markets and access to quality services, all of which are deemed fundamental to sustainable outcomes;

Underlines the need to increase employment rates and promote decent job creation, particularly among the long-term unemployed, low-skilled, young and older workers, women, migrants, people with disabilities, minorities and marginalised communities such as the Roma, in order to achieve the Europe 2020 goal of an employment rate of at least 75 % and to mitigate the risk of poverty, especially child and in-work poverty, and the social exclusion these people face; underlines the need to reduce the number of people experiencing poverty in order to achieve the Europe 2020 goal of reducing poverty by 20 million people; underlines the need to reduce child poverty via the implementation of an EU-wide Child Guarantee;

Calls on the Member States to develop actions and strategies in line with the European Pillar of Social Rights to address the social needs of those for whom the labour market is inaccessible, namely those facing extreme deprivation, such as the homeless, children and young people and those with chronic physical and mental health conditions;

10.

Calls for national strategies and EU-level coordination to fight ageism in labour markets as a response to an increasing number of older workers in the EU workforce, including by raising awareness of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (20), by aligning occupational health and safety regulations around the goals of sustainable employment and in the light of new and emerging occupational risks, and by securing access to life-long learning opportunities and improving policies supporting the reconciliation of work and family life;

11.

Calls on the euro area Member States to take full advantage of the positive economic outlook and pursue labour market reforms that focus on the creation of jobs fostering predictable, secure and open-ended forms of employment, legally certain labour contracts that outline the terms and conditions of employment, by preventing and combating bogus self-employment and by ensuring adequate social protection, regardless of the employment relationship or the type of contract; calls on the Member States to adopt and implement the proposed Council recommendation on access to social protection and to encourage people in non-standard employment to enrol in social protection schemes; stresses the importance of the ongoing negotiations on the directive on predictable and transparent working conditions;

12.

Calls on the Member States to invest in care services throughout the life cycle, to continue to pursue the attainment of the 2002 Barcelona childcare targets and to develop care targets for the elderly and dependent persons; believes that the provision of care services within the family should not adversely impact social or pension benefits; calls on the Member States, in this context, to ensure that the accumulation of pension rights is sufficient;

13.

Calls on the euro area Member States to reduce gender pension gaps and to ensure intergenerational equity through decent and sufficient retirement benefits, in order to eradicate poverty and social exclusion in old age and, in tandem, to ensure the long-term sustainability and adequacy of pension systems, to promote higher employment rates for decent jobs which provide greater pension contributions and do not overburden the younger generation; notes with concern that in most euro area Member States both the gender pension gap and the rate of early retirement remain high; points out that the sustainability of pension systems can be enhanced by reducing unemployment, tackling undeclared work effectively, and integrating migrants and refugees into the labour market, among other initiatives; welcomes the recommendation advanced by the Commission in the 2018 Pension Adequacy Report on the need for a holistic reflection on the adequacy of old-age incomes and the financial sustainability of pension systems; calls for more analysis to be undertaken on the situation of the 'oldest old', whose pension entitlements may have decreased over time as a result of inflation;

14.

Believes that Member States' reforms of their social protection systems must be designed to facilitate labour market participation for those who can work by making work pay; stresses, in this regard, that income support should target those most in need;

15.

Notes that the job vacancy rate in the euro area was 2,1 % in the first quarter of 2018, up from 1,9 % in 2017; emphasises that adequate skills can be acquired and the skills mismatch tackled by improving the quality, availability, affordability and accessibility of education and training, including targeted quality training, by improving the mutual recognition of qualifications, by reinforcing upskilling and reskilling measures, with particular attention to basic skills, and by providing non-formal adult education opportunities, which require appropriate support, including EU funding, without prejudice to Article 149 TFEU, and funding at national and regional levels; calls, in this regard, for targeted measures to support vulnerable groups, including Roma, people with disabilities, early school leavers, the long-term unemployed, and migrants and refugees; asserts the need to increase the relevance of vocational training to the labour market and to take steps to enhance its attractiveness vis-à-vis academic pathways; supports the continued implementation and monitoring of the Upskilling Pathways initiative to help people acquire fundamental skills for the 21st century; calls on the Member States to prioritise comprehensive training in digital and entrepreneurial skills and to take into account the shift towards the digital economy in the context of upskilling and retraining;

16.

Expresses concern at the fact that in the EU19, the average rate of general government expenditure on education as a percentage of GDP fell year-on-year from 2009 to 2016 (21); stresses that well-resourced public education systems are vital for equality and social inclusion;

17.

Notes with great concern the persistently high number of European citizens with poor literacy skills or literacy difficulties, including functional and media illiteracy, which gives rise to serious concerns in terms of meaningful and effective participation in public life and the labour market;

18.

Encourages the promotion of dual education systems and other similar policies; stresses that an effective link between education, research, innovation and the labour market can make a decisive contribution to job creation;

19.

Stresses that a safe and appropriate learning environment is vital for the well-being of students and teaching staff;

20.

Calls on the Commission and Member States to develop specific measures within employment, educational and social policies to ensure the effective inclusion of people with disabilities and from disadvantaged backgrounds;

21.

Points out the need to plan and promote organised and up-to-date vocational guidance programmes in schools, particularly in the countryside and in border, mountainous and island regions;

22.

Supports the mobility of students, workers, athletes and artists in the EU and the euro area; is concerned, however, that substantial differences in living and working standards in the euro area trigger involuntary migration, further exacerbating the effects of the so-called brain drain; points out that a key prerequisite for tackling the phenomenon of the brain drain is the creation of decent jobs, as is the promotion of effective education, training and career guidance strategies; calls for future education and employment policies to effectively address this phenomenon, including by fully developing the European education area; stresses the need to develop a European student card to promote learning mobility and facilitate the mutual recognition of certificates, diplomas and professional qualifications, reducing administrative burdens and costs for students and for education and training institutes;

23.

Stresses that, according to the Education and Training 2020 (ET 2020) benchmarks, by the year 2020 fewer than 15 % of 15-year-olds should be under-skilled in reading, mathematics and science; welcomes the inclusion of the 'underachievement in education' benchmark for 15-year-olds (results for low achievement in mathematics from the Programme for International Student Assessment (PISA) survey) in the new Social Scoreboard;

24.

Recalls that, according to the ET 2020 benchmarks, by the year 2020, at least 95 % of children (from the age of four to compulsory school age) should participate in early childhood education; stresses that the area of 'early childhood care' in the Social Scoreboard includes only one indicator, for children aged under three in formal care; highlights that it lacks information on the coverage of older children below compulsory school age, as well as information about the extent of childcare provision as measured by the number of hours provided;

25.

Takes into account the positive role of open education and open universities in the process of acquiring knowledge and skills, particularly online training programmes for employees, as this is a dynamic form of learning that meets current needs and the interests of participants;

26.

Reiterates its call for the Erasmus+ envelope to be at least tripled in the next multiannual financial framework (MFF), with the aim of reaching many more young people, youth organisations and secondary school pupils and apprentices across Europe; calls for particular attention to be paid to people from disadvantaged socio-economic backgrounds to enable them to participate in the programme, as well as to people with disabilities, in line with the EU's and the Member States' obligations under the UN Convention on the Rights of Persons with Disabilities (CRPD);

27.

Recalls the strategic potential of the cultural and creative sector (CCS) as a generator of jobs and wealth in the EU; stresses that the cultural and creative industries (CCIs) constitute 11,2 % of all private enterprises and 7,5 % of all persons employed in the total EU economy, and generate 5,3 % of the total European gross value added (GVA); underlines the CCIs' role in preserving and promoting European cultural and linguistic diversity and their contribution to economic growth, innovation and employment, especially youth employment;

28.

Highlights that adequate investment and planning in the field of education, particularly in digital skills and programming, is essential to secure the Union's competitive position, the availability of a skilled workforce and the employability of the workforce;

29.

Calls on the Commission to provide incentives and technical assistance to young people to set up their businesses and to propose measures to promote entrepreneurship, including through school curricula in the Member States;

30.

Underlines the need to pursue reforms that prepare the labour market and its workforce for the digital transformation for people of all ages and backgrounds through a flexible, learner-centric approach, in particular by ensuring adequate provision for lifelong learning and digital skills training, which is central to a knowledge-based economy,; emphasises the importance of lifelong careers guidance in ensuring people's participation in suitable, flexible and high-quality training and career paths; recalls, in this context, the limits of skills forecasting in view of the rapidly changing nature of the labour market and stresses the importance, in this regard, of transversal skills such as communication, problem-solving, creativity and the ability to learn, all of which boost people's resilience and enhance their ability to adapt to change and acquire new skills throughout their lives; highlights the need to ensure that national social protection systems provide adequate protection for all employees, including in new forms of work and with new kinds of contracts as well as adequate coverage for those who cannot work or are unable to find work; calls on the Member States to develop labour market policies that support cross-sector mobility and the re-training of workers, which will become increasingly important as our labour markets adapt to the digital transformation of our economies; stresses the need, in that respect, to secure the involvement of both trade unions and employers' organisations in order to ensure a fair transformation;

31.

Calls on the euro area Member States to undertake the necessary reforms and to increase social investment so as to ensure the accessibility, availability, affordability, quality and cost-effectiveness of their healthcare systems; calls for a renewed European target to significantly increase the number of healthy life years by making prevention a priority of EU health policies, in addition to curative measures; calls for the active pursuit of health promotion campaigns;

32.

Calls for a European strategy for quality and accessibility of long-term care systems, by pursuing a rights- and community-based approach to long-term care and support; calls for significant investments in long-term care services in order to prepare for the greater needs anticipated in the light of demographic change; recognises that the long-term care sector offers inadequate working conditions and calls for care work and working conditions in care services to be re-evaluated so as to ensure the quality of long-term care;

33.

Points out the need for well-designed policies for a better work-life balance, including by providing affordable childcare, early childcare and long-term care, by rebalancing the gender care role between men and women, and by promoting adaptable working arrangements and the take-up of advantageous and paid maternity, paternity, parental and carers' leave; considers, in this regard, that the adoption of a balanced directive on work-life balance for parents and carers is a necessary step towards improved work-life balance; calls, moreover, for a European initiative on social protection and services for informal carers;

34.

Underlines the importance of enhancing structured dialogue and the participation of employers' organisations, trade unions and civil society organisations in contributing to the development and implementation of employment and social policies and reforms, and of their active engagement in the Semester process;

35.

Believes that in order to maintain and increase global competitiveness, the labour market regulatory frameworks of the Member States need to be clear, simple and flexible and uphold high labour standards;

36.

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

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

(2) OJ C 179, 25.5.2018, p. 1.

(3) Texts adopted, P8_TA(2018)0181.

(4) OJ C 155, 25.5.2011, p. 10.

(5) Directives (EU) 2018/849, (EU) 2018/850, (EU) 2018/851 and (EU) 2018/852.

(6) Texts adopted, P8_TA(2018)0325.

(7) Texts adopted, P8_TA(2018)0078.

(8) OJ C 356, 4.10.2018, p. 89.

(9) OJ C 346, 27.9.2018, p. 200.

(10) OJ C 346, 27.9.2018, p. 156.

(11) OJ C 337, 20.9.2018, p. 135.

(12) OJ C 242, 10.7.2018, p. 24.

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

(14) OJ C 366, 27.10.2017, p. 117.

(15) OJ C 35, 31.1.2018, p. 157.

(16) https://www.coe.int/en/web/turin-european-social-charter/turin-process

(17) http://ec.europa.eu/social/main.jsp?catId=738&langId=en&pubId=8030&furtherPubs=yes

(18) OJ C 67, 20.2.2016, p. 1.

(19) OJ L 307, 18.11.2008, p. 11.

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

(21) Eurostat data.

16.10.2020

Official Journal of the European Union

C 345/58

P8_TA(2018)0433

The use of Facebook users' data by Cambridge Analytica and the impact on data protection

European Parliament resolution of 25 October 2018 on the use of Facebook users' data by Cambridge Analytica and the impact on data protection (2018/2855(RSP))

(2020/C 345/10)

The European Parliament,

—

having regard to the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU), the Charter of Fundamental Rights of the European Union, notably its Articles 7, 8, 11, 12, 39, 40, 47 and 52, the Convention for the Protection of Human Rights and Fundamental Freedoms, notably its Articles 8, 9, 10, 11, 13, 16 and 17, and the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, notably its Article 3,

—	having regard to the International Covenant on Civil and Political Rights, notably its Articles 2, 17, 19, 20 and 25,

—

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) (1), 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 (2),

—	having regard to the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data and its Additional Protocol,

—	having regard to the House of Commons inquiry into fake news and its Digital, Culture, Media and Sport Committee's 5th Interim Report on Disinformation and 'fake news',

—	having regard to the hearings held in the US House of Representatives Committee on Energy and Commerce,

—	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-U.S. Privacy Shield (3),

—	having regard to its resolution of 5 July 2018 on the adequacy of the protection afforded by the EU-US Privacy Shield (4),

—	having regard to the judgment of the Court of Justice of the European Union (CJEU) of 6 October 2015 in Case C-362/14 Maximillian Schrems vData Protection Commissioner (5),

—	having regard to the judgment of the CJEU of 25 January 2018 in Case C-498/16 Maximilian Schrems vFacebook Ireland Limited (6),

—	having regard to the judgment of the CJEU of 5 June 2018 in Case C-210/16 Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein vWirtschaftsakademie Schleswig-Holstein GmbH (7),

—	having regard to the filing of the formal request by David Caroll requesting that Cambridge Analytica recover his personal information and reveal its source,

—	having regard to Opinion 3/2018 of the European Data Protection Supervisor (EDPS) of 19 March 2018 on online manipulation and personal data (8),

—	having regard to the Guidelines of the Article 29 Working Party of 3 October 2017 on Automated individual decision-making and Profiling for the purposes of Regulation (EU) 2016/679 (9),

—	having regard to the two sets of written replies to the questions that were left unanswered at the meeting between European Parliament political group leaders and Facebook CEO Zuckerberg, published by Facebook on 23 May (10) and 4 June 2018 respectively (11),

—

having regard to Commission Recommendation (EU) 2018/234 of 14 February 2018 on enhancing the European nature and efficient conduct of the 2019 elections to the European Parliament (12), Commission Recommendation of 12 September 2018 on election cooperation networks, online transparency, protection against cybersecurity incidents and fighting disinformation campaigns in the context of elections to the European Parliament (C(2018)5949), and the Commission communication of 12 September 2018 entitled 'Securing free and fair European elections' (COM(2018)0637),

—

having regard to the Commission proposal of 12 September 2018 for a regulation of the European Parliament and of the Council amending Regulation (EU, Euratom) No 1141/2014 as regards a verification procedure related to infringements of rules on the protection of personal data in the context of elections to the European Parliament (COM(2018)0636),

—	having regard to the Commission guidance of 12 September 2018 on the application of Union data protection law in the electoral context (COM(2018)0638,

—	having regard to the in-depth hearings conducted by the Committee on Civil Liberties, Justice and Home Affairs, mandated by the European Parliament, on the use of Facebook users' data by Cambridge Analytica and the impact on data protection,

—	having regard to the reports of the Information Commissioner's Office of the United Kingdom on the investigation into the use of data analytics in political campaigns, and the report entitled 'Democracy disrupted' (13),

—	having regard to the testimonial by the European Consumer Organisation (BEUC) presented on 25 June 2018 (14),

—	having regard to the statement by the Commission of 23 October 2018,

—	having regard to the motion for a resolution of the Committee on Civil Liberties, Justice and Home Affairs,

—	having regard to Rule 123(2) of its Rules of Procedure,

whereas investigative journalism uncovered and made public major data leaks of Facebook user data in relation to the access that was granted by Facebook to third-party applications, and the subsequent abuse of this data for the purposes of electoral campaigning efforts as well as other breaches of personal data held and gathered by major social media companies that came to light afterwards;

B.	whereas these personal data breaches had an impact on citizens across the globe, including European and non-European citizens residing on European Union territory; whereas various national parliaments conducted hearings, inquiries and published findings on the matter;

C.	whereas these personal data breaches occurred over an extended period of time; whereas the companies concerned were in breach of EU data protection law applicable at that time, in particular Directive 95/46/EC and Directive 2002/58/EC;

D.	whereas the data misuse which was revealed in the context of the Cambridge Analytica scandal happened before the application of the General Data Protection Regulation (GDPR);

E.	whereas Facebook has affirmed that no bank account, credit card or national identity information was shared with Cambridge Analytica;

F.	whereas Cambridge Analytica claimed the data processing was officially carried out for research purposes, but subsequently passed on the data gathered for political and commercial use;

G.	whereas the initial reaction by the companies concerned did not meet the expected standards and did not enable a full and independent investigation and audit by the authorities concerned either at national or European level;

whereas the chairs of the political groups in the European Parliament held a first exchange of views in camera with the CEO and founder of Facebook, Mark Zuckerberg, on 22 May 2018, and this meeting resulted in the request by the Conference of Presidents for the Committee on Civil Liberties, Justice and Home Affairs, in association with the Committees on Constitutional Affairs, Legal Affairs and Industry, Research and Energy, to hold in-depth follow-up hearings;

whereas three hearings on the impact of the Facebook/Cambridge Analytica case on issues related to data protection, electoral processes, fake news and the market position of social media were held on 4 and 25 June and 2 July 2018 with the participation of the European Commissioners concerned, the Executive Director of the European Union Agency for Network and Information Security (ENISA), the EDPS, the Chair of the European Data Protection Board (EDPB), the UK Information Commissioner's Office, the Chief Executive of the UK Electoral Commission, citizens concerned and Facebook;

whereas Facebook refused to delegate staff members with the appropriate level of responsibility and in possession of the necessary technical expertise and knowledge requested by the Committee Chairs concerned, sending public policy team members to all three hearings instead; whereas the information provided by the Facebook representatives during the hearings lacked precision on the concrete and specific measures taken to ensure full compliance with EU data protection law and was of a more general nature;

whereas in Opinion 3/2018, the EDPS expresses several concerns on the issues of online manipulation and personal data; whereas the EDPS also argues that competition law has a crucial role in ensuring the accountability of dominant players in the market and protecting democracy against excessive market power; whereas the interests of individuals should be better reflected in assessing the potential abuse of dominance or the mergers of companies, which may have accumulated significant informational power;

L.	whereas in its Opinion of 3 October 2017, the Article 29 Working Party stated that profiling and automated decision-making can pose significant risks for individuals' rights and freedoms which require appropriate safeguards;

whereas the Chair of the EDPB highlighted that the Facebook/Cambridge Analytica case occurred before the entry into force of the GDPR, and therefore the system of Lead Supervisory Authority under the GDPR does not apply; whereas the investigations were led by the UK Information Commissioner's Office;

whereas Facebook has admitted that it entered into a contract with an application developer without having conducted a prior check of its terms and conditions, which reserved the right for the latter to disclose personal data to third parties; whereas this oversight had grave consequences and such a practice was already illegal under the then applicable data protection law;

O.	whereas negotiations are currently ongoing on the e-Privacy Regulation;

whereas the EDPB indicated that around 100 cross-border cases are already being dealt with in the framework of the consistency mechanism under the GDPR; whereas this mechanism coordinates the actions of national data protection authorities in order to ensure a common approach to the enforcement of EU data protection law;

Q.	whereas Facebook, a signatory to the Privacy Shield, has confirmed that the personal data of up to 2,7 million EU citizens were among those improperly used by political consultancy Cambridge Analytica;

whereas on 28 September 2018, Facebook made public that an external actor had attacked its systems and exploited a vulnerability that exposed Facebook access tokens for 50 million accounts, and whereas the Irish Data Protection Commission and other data protection authorities have started investigations into these facts in order to assess compliance with EU data protection law;

whereas the US Federal Trade Commission is currently investigating whether Facebook failed to honour its privacy promises, including compliance with the Privacy Shield, or whether it engaged in unfair acts that caused substantial injury to consumers in violation of the Federal Trade Commission (FTC) Act and the previous settlement between the FTC and Facebook reached in 2011;

T.	whereas four consumer organisations of Belgium, Italy, Spain and Portugal have launched a collective redress action against Facebook, claiming economic compensation for affected Facebook users in their respective countries;

whereas the BEUC stated in its testimonial presented on 25 June 2018 that it is necessary to ensure platform accountability for third-party access to personal data; whereas the BEUC also argues in the same testimonial that companies should do more to ensure solid accountability structures for partner access to personal data and the further exploitation of this data;

whereas the investigation by the Information Commissioner's Office of the United Kingdom also covered the link between Cambridge Analytica, its parent company SCL Elections Limited and Aggregate IQ, and involves allegations that personal data, obtained from Facebook, may have been misused by both sides in the UK referendum on membership of the EU and used to target voters during the 2016 American presidential election process; whereas the investigation by the Information Commissioner's Office of the United Kingdom was mainly conducted under the Data Protection Act 1998 and under the Privacy and Electronic Communications Regulations (PECR) 2003, while also extrapolating ahead to the GDPR where appropriate;

whereas the UK House of Commons Culture, Media and Sport Select Committee heard evidence that showed alleged Russian interference in electoral processes in the EU, and urged the responsible national authorities to investigate these allegations; whereas in the US, a Special Counsel was appointed in May 2017 to investigate Russian interference in the 2016 presidential elections and related matters, and whereas this investigation is ongoing;

whereas the Information Commissioner's Office of the United Kingdom has issued Facebook with a Notice of Intent to issue a monetary penalty in the sum of GBP 500 000 for lack of transparency and security issues relating to the harvesting of data constituting breaches of the first and seventh data protection principles under the Data Protection Act 1998;

whereas the Information Commissioner's Office of the United Kingdom has already issued 23 Information Notices to 17 different organisations and individuals, including Facebook, on 23 February 2018, to request provision of information from the organisations in a structured way; whereas Facebook confirmed on 18 May 2018 that Aggregate IQ had created and, in some cases, placed advertisements on behalf of the Democratic Unionist Party's (DUP) Vote to Leave campaign, Vote Leave, BeLeave and Veterans for Britain;

whereas the Information Commissioner's Office of the United Kingdom has expressed its concerns as regards the terms of the information available to users about the sources of the data and the availability and transparency of the controls offered to users; whereas the Information Commissioner's Office of the United Kingdom also stated that the overall privacy information and controls made available by Facebook did not effectively inform the users about the likely uses of their personal information; whereas the Information Commissioner's Office of the United Kingdom has raised concerns about cases in which data was accessed from the Facebook platform and used for purposes it was not intended for, or that data subjects would not reasonably have expected;

AA.	whereas figures from the Electoral Commission of the UK have shown that the political parties in the United Kingdom spent GBP 3,2 million on direct Facebook advertising during the 2017 general election;

AB.	whereas social networks constitute an important platform for political parties and public institutions by allowing them to connect with citizens;

AC.	whereas global online platforms face challenges in countering false news effectively, given the differing threats and media landscapes in different countries and regions;

AD.	whereas data analysis and algorithms have an increasing impact on the information made accessible to citizens; whereas such techniques, if misused, may endanger fundamental rights to information as well as media freedom and pluralism;

AE.

whereas algorithmic accountability and transparency is essential to ensure that individuals have proper information about and a clear understanding of the processing of their personal data; whereas it should mean implementing technical and operational measures that ensure transparency, and non-discrimination through automated decision-making, and that ban the calculating of probabilities of individual behaviour; whereas transparency should give individuals meaningful information about the logic involved, the significance and the envisaged consequences; whereas this should include information about the data used for training big data analytics and allow individuals to understand and monitor the decisions affecting them;

AF.	whereas at the meeting with European Commissioners on 2 July 2018, Facebook promised to cooperate and give access to the data about the alleged voting manipulation to independent academics;

Expects all online platforms to ensure full compliance with EU data protection law, namely the GDPR and Directive 2002/58/EC (e-Privacy), and to help users understand how their personal information is processed in the targeted advertising model, and that effective controls are available, which includes ensuring that separate consents are used for different purposes of processing, and that greater transparency is in place in relation to the privacy settings, and to the design and prominence of privacy notices;

Stresses that the research argument exemption in EU data protection law can never be used as a loophole for data misuse;

Takes note of Facebook's statement that it exclusively uses the data of non-Facebook users to create aggregated datasets from which it derives conclusions about how the service is used;

Emphasises the need for much greater algorithmic accountability and transparency with regard to data processing and analytics by the private and public sectors and any other actors using data analytics, as an essential tool to guarantee that individuals are appropriately informed about the processing of their personal data;

Takes the view that the digital age requires electoral laws to be adapted to this new digital reality, and suggests that conventional ('offline') electoral safeguards, such as rules applicable to political communications during election periods, transparency of and limits to electoral spending, respect for election silence periods and equal treatment of candidates should also apply online; is of the opinion that Member States should introduce an obligatory system of digital imprints for electronic campaigning and advertising and implement the Commission's Recommendation aimed at enhancing the transparency of paid online political advertisements and communications; stresses that any form of political advertising should include easily accessible and understandable information on the publishing organisation and who is legally responsible for spending so that it is clear who sponsored campaigns, similar to existing requirements for printed campaign materials currently in place in various Member States; insists that citizens of the Union should be able to easily recognise online paid political advertisements and communications, and the party, foundation or organisation behind them; insists, furthermore, that transparency should also include complete information about the criteria for selecting the target group of the specific political advertising and the expected size of the target group;

Notes that Facebook has updated its privacy settings to allow users to opt out from targeting, including the showing of advertisements based on information obtained from third parties, and the use of their personal information collected by Facebook to show advertisements on other websites or platforms;

Recommends that all online platforms distinguish political uses of their online advertising products from their commercial uses; recalls that processing personal data for political advertising requires a separate legal basis from the one for commercial advertising;

Believes that the requirement to verify the identity, location and sponsor of political advertisements recently introduced by Facebook in the US is a good initiative which will increase transparency and contribute to the fight against election meddling by foreign actors; urges Facebook to introduce the same requirements for political advertisements in Europe; calls on the Member States to adjust their electoral laws to this effect;

Believes that profiling for political and electoral purposes and profiling based on online behaviour that may reveal political preferences, such as interaction with political content, in so far as, pursuant to EU data protection law, it refers to political or philosophical opinions, should be prohibited, and is of the opinion that social media platforms should monitor and actively inform the authorities if such behaviour occurs; also believes that profiling based on other data, such as socio-economic or demographic factors, for political and electoral purposes, should be prohibited; calls on political parties and other actors involved in elections to refrain from using profiling for political and electoral purposes; calls on political parties to be transparent as to their use of online platforms and data;

10.

Recalls the measures proposed by the Commission for securing free and fair European elections, in particular the legislative amendment to tighten up the rules on European political party funding, creating the possibility to impose financial sanctions for breaching data protection rules in order to deliberately influence the outcome of the European elections; recalls that the processing of personal data by political parties in the EU is subject to the GDPR, and that the breach of the principles, rights and obligations encompassed within this law would result in additional fines and sanctions;

11.

Considers election interference to be a huge risk for democracy, the tackling of which requires a joint effort involving service providers, regulators and political actors and parties;

12.

Welcomes the package presented by the Commission on 12 September 2018 regarding preparations for the European elections;

13.

Recalls Facebook's promise on the issue of giving access to the data about alleged voting manipulation to independent academics, and expects to be informed before the end of 2018 on the main findings and proposed remedies;

14.

Notes the actions undertaken by Facebook to counter data misuse, including the disabling or ban of applications suspected of misusing user data; expects Facebook to act swiftly on reports regarding suspicious or abusive applications, and to prevent such applications from being allowed on the platform in the first place;

15.

Stresses that social media platforms are not only passive platforms that simply group user-generated content, but highlights that technological developments have widened the scope and role of such companies by introducing algorithm-based advertising and content publication; concludes that this new role should be reflected in the regulatory field;

16.

Notes with regret that Facebook was not willing to send staff members with the appropriate technical qualifications and level of corporate responsibility to the hearings, and points out that such an approach is detrimental to the trust European citizens have in social platforms; regrets that Mark Zuckerberg did not wish to attend a public hearing with Members;

17.

Finds that Facebook not only breached the trust of EU citizens, but also EU law, and recalls that during the hearings, a Facebook representative confirmed that Facebook was aware that the terms and conditions of the 'This is your digital life' application stated that the data the application collected could be sent to third parties; concludes that Facebook knowingly entered into a contract with an application developer that openly announced that they reserved the right to disclose personal data to third parties; concludes, furthermore, that Facebook is the controller of the personal data and is therefore legally responsible when entering into a contract with a processor that breaches EU data protection law;

18.

Takes note of the privacy improvements that Facebook has undertaken after the Facebook/Cambridge Analytica scandal, but recalls that Facebook promised to hold a full internal audit of which the European Parliament has not yet been informed, and recommends that Facebook make substantial modifications to its platform to ensure its compliance with EU data protection law;

19.

Urges Facebook to allow and enable ENISA and the EDPB, within the limits of their respective mandates, to carry out a full and independent audit of its platform and to present the findings of this audit to the Commission, the European Parliament and national parliaments; believes that such an audit should also be carried out on other major platforms;

20.

Highlights the urgency of countering any attempt to manipulate EU elections and of reinforcing rules applicable to online platforms regarding the disruption of advertising revenues of accounts and websites that spread disinformation; Welcomes the individual roadmaps setting out concrete actions to fight disinformation in all EU Member States which online platforms and the advertising industry presented to the Commission on 16 October 2018; urges online platforms to label content shared by bots by applying transparent rules, to speed up the removal of fake accounts, to comply with court orders to provide details of those creating illegal content, and to work with independent fact-checkers and academia to inform users about disinformation with significant reach and to offer corrections whenever available;

21.

Calls on all online platforms providing advertising services to political parties and campaigns to include experts within the sales support team who can provide political parties and campaigns with specific advice on transparency and accountability in relation to how to prevent personal data being used to target users; calls on all online platforms that allow buyers of advertising to make certain selections to provide legal advice on the responsibilities of those buyers as joint controllers of the data, following the judgment of the CJEU in case C-210/16;

22.

Calls on all online platforms to urgently roll out planned transparency features in relation to political advertising, which should include consultation and evaluation of these tools by national authorities in charge of electoral observation and control; insists that such political and electoral advertising should not be done on the basis of individual user profiles;

23.

Calls on Member States to adapt the electoral rules on online campaigning, including those pertaining to transparency on funding, election silence periods, the role of the media and disinformation;

24.

Recommends that it should be a requirement that third-party audits be carried out after referendum campaigns have been concluded to ensure that personal data held by the campaign is deleted, or, if it has been shared, that the appropriate consent has been obtained;

25.

Calls on Facebook to improve its transparency to enable users to understand how and why a political party or campaign might target them;

26.

Takes the view that data protection authorities should be provided with adequate funding to build up the same technical expert knowledge as possessed by those organisations under their scrutiny; calls on the Member States to ensure that the data protection authorities are provided with the human, technical and financial resources necessary for the effective performance of their tasks and exercise of their powers, as required under Article 52 of the GDPR; urges the Commission to scrutinise the Member States closely on their obligation to make these resources available, and if necessary, to start infringement procedures;

27.

Recalls that Facebook is a self-certified organisation under the EU-US Privacy Shield and, as such, benefited from the adequacy decision as a legal ground for the transfer and further processing of personal data from the European Union to the United States;

28.

Recalls its resolution of 5 July 2018 on the adequacy of the protection afforded by the EU-US Privacy Shield and, in view of the acknowledgement by Facebook that major privacy breaches occurred, calls on the US authorities responsible for enforcing the Privacy Shield to act upon such revelations without delay, in full compliance with the assurances and commitments given to uphold the current Privacy Shield arrangement and, if needed, to remove such companies from the Privacy Shield list; welcomes, in this context, the removal of Cambridge Analytica from the Privacy Shield in June 2018; calls also on the competent EU data protection authorities to investigate such revelations and, if appropriate, suspend or prohibit data transfers under the Privacy Shield; expects the FTC, as the responsible US authority, to provide the Commission with a detailed summary of its findings once it has concluded its investigation into the data breach involving Facebook and Cambridge Analytica, and to take appropriate enforcement action against the companies involved to provide an effective deterrent;

29.

Regrets that the deadline of 1 September 2018 for the US to be fully compliant with the Privacy Shield has not been met; considers, therefore, that the Commission has failed to act in accordance with Article 45(5) of the GDPR; urges the Commission therefore, in line with Parliament's resolution of 5 July 2018 on the adequacy of the protection afforded by the EU-US Privacy Shield, to suspend the Privacy Shield until the US authorities comply with its terms;

30.

Notes that the misuse of personal data affects the fundamental rights of billions of people around the globe; considers that the GDPR and the e-Privacy Directive provide the highest standards of protection; regrets that Facebook decided to move 1,5 billion non-EU users out of the reach of the protection of the GDPR and the e-Privacy Directive; questions the legality of such a move; urges all online platforms to apply the GDPR (and e-Privacy) standards to all of their services, regardless of where they are offered, as a high standard of protection of personal data is increasingly seen as a major competitive advantage;

31.

Calls on the Commission to upgrade competition rules to reflect the digital reality and to look into the business model of social media platforms and their possible monopoly situation, taking due account of the fact that such a monopoly could be present as a result of the specificity of the brand and the quantity of personal data that is held rather than it being a traditional monopoly situation, and to take the necessary measures to remedy this; calls on the Commission to propose amendments to the European Electronic Communications Code that also require over-the-top communications providers to interconnect with others, in order to overcome the lock-in effect for their users;

32.

Requests that the European Parliament, the Commission, the Council and all other European Union institutions, agencies and bodies verify that the social media pages and the analytical and marketing tools used on their respective websites do not by any means put the personal data of citizens at risk; suggests that they evaluate their current communication policies from that perspective, which may result in them considering closing their Facebook accounts as a necessary condition of protecting the personal data of every individual contacting them; instructs its own communications department to strictly adhere to the EDPS Guidelines on the protection of personal data processed through web services provided by EU institutions (15);

33.

Is of the view that the next European Commission should task one of its members specifically with the privacy and data protection portfolio, with a view to proactively engaging partners inside and outside the EU and ensuring that all legislative proposals are fully compliant with the EU legal acquis on privacy and data protection;

34.

Urges the Council to end the deadlock on the e-Privacy Regulation, and to finally reach an agreement with Parliament without lowering the level of protection currently afforded by the e-Privacy Directive so as to ensure that the rights of citizens, in particular those pertaining to the protection of users against targeting, are protected;

35.

Requests that the Commission audit the activities of the advertising industry on social media and propose legislation in the event that the sector and concerned parties are unable to reach agreement on voluntary Codes of Conduct with dissuasive measures;

36.

Calls on the data protection authorities at national and European level to undertake a thorough investigation into Facebook and its current practices so that the new consistency mechanism of the GDPR can be relied upon to establish an appropriate and efficient European enforcement response;

37.

Calls on the Member States to take measures to address the risks posed to the security of network and information systems used for the organisation of elections;

38.

Takes the view that Member States should engage with third parties, including media, online platforms and information technology providers, in awareness-raising activities aimed at increasing the transparency of elections and building trust in the electoral process;

39.

Is of the opinion that Member States should urgently conduct, with the support of Eurojust if necessary, investigations into the alleged misuse of the online political space by foreign powers;

40.

Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the United States of America, the Council of Europe and the CEO of Facebook.

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

(2) OJ L 119, 4.5.2016, p. 89.

(3) OJ L 207, 1.8.2016, p. 1.

(4) Texts adopted, P8_TA(2018)0315.

(5) ECLI:EU:C:2015:650.

(6) ECLI:EU:C:2018:37.

(7) ECLI:EU:C:2018:388.

(8) https://edps.europa.eu/sites/edp/files/publication/18-03-19_online_manipulation_en.pdf

(9) http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612053

(10) http://www.europarl.europa.eu/the-president/en/newsroom/answers-from-facebook-to-questions-asked-during-mark-zuckerberg-meeting

(11) http://www.europarl.europa.eu/resources/library/media/20180604RES04911/ 20180604RES04911.pdf

(12) OJ L 45, 17.2.2018, p. 40.

(13) https://ico.org.uk/media/action-weve-taken/2259369/democracy-disrupted-110718.pdf

https://ico.org.uk/about-the-ico/news-and-events/news-and-blogs/2018/07/findings-recommendations-and-actions-from-ico-investigation-into-data-analytics-in-political-campaigns/

(14) http://www.beuc.eu/publications/beuc-x-2018-067_ep_hearing_facebook-cambridge_analytica.pdf

(15) https://edps.europa.eu/sites/edp/files/publication/16-11-07_guidelines_web_services_en.pdf

16.10.2020

Official Journal of the European Union

C 345/67

P8_TA(2018)0434

The killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul

European Parliament resolution of 25 October 2018 on the killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul (2018/2885(RSP))

(2020/C 345/11)

The European Parliament,

—

having regard to its previous resolutions on Saudi Arabia, in particular that of 11 March 2014 on Saudi Arabia, its relations with the EU and its role in the Middle East and North Africa (1), of 12 February 2015 on the case of Raif Badawi (2), of 8 October 2015 on the case of Ali Mohammed al-Nimr (3), of 31 May 2018 on the situation of women's rights defenders in Saudi Arabia (4) and those of 25 February 2016 (5) on the humanitarian situation in Yemen and of 30 November 2017 (6) and 4 October 2018 (7) on the situation in Yemen,

—	having regard to its recommendation to the Council of 2 April 2014 on establishing common visa restrictions for Russian officials involved in the Sergei Magnitsky case (8),

—

having regard to the remarks made by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), Federica Mogherini, on 9 October 2018 at the joint press conference with the Portuguese Minister for Foreign Affairs and on 15 October 2018 in the context of the Foreign Affairs Council, and to her statement on behalf of the European Union of 20 October 2018 on the recent developments on the case of Saudi journalist Jamal Khashoggi,

—	having regard to Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing the control of exports of military technology and equipment (9),

—	having regard to the statement of 19 October 2018 by the Spokesman for the UN Secretary-General,

—	having regard to the statement of 16 October 2018 by UN High Commissioner for Human Rights Michelle Bachelet urging Saudi Arabia to reveal all it knows about the disappearance of Jamal Khashoggi,

—	having regard to the statement of 9 October 2018 by UN experts demanding a probe into the disappearance of Saudi journalist Jamal Khashoggi in Istanbul,

—	having regard to the report of the UN Working Group on Enforced or Involuntary Disappearances of 18 October 2018, expressing deep concerns at the new practice of state-sponsored abductions,

—	having regard to the statement by the G7 Ministers of Foreign Affairs of 17 October 2018 on the disappearance of Jamal Khashoggi,

—	having regard to the joint statement of 14 October 2018 by the foreign ministers of the UK, France and Germany on the disappearance of the Saudi journalist Jamal Khashoggi, and to that of 21 October 2018 on his death,

—	having regard to the Saudi Ministry of Foreign Affairs statement on the disappearance of Jamal Khashoggi, a Saudi national,

—	having regard to Saudi Arabia's membership of the UN Human Rights Council,

—	having regard to the EU Human Rights Guidelines on Freedom of Expression Online and Offline,

—	having regard to the International Covenant on Civil and Political Rights (ICCPR),

—	having regard to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

—	having regard to the Arab Charter on Human Rights, ratified by Saudi Arabia in 2009,

—	having regard to the Vienna Convention on Consular Relations of 1963,

—	having regard to the Universal Declaration of Human Rights (UDHR) of 1948,

—	having regard to the award of the Sakharov Prize for Freedom of Thought and Expression to the Saudi blogger Raif Badawi in 2015,

—	having regard to Rule 123(2) and (4) of its Rules of Procedure,

whereas the prominent Saudi journalist Jamal Khashoggi had been missing since entering the consulate of Saudi Arabia in Istanbul on 2 October 2018 to obtain documents necessary for his marriage, and had not been seen since, despite the Saudi officials initially saying that he left the building; whereas extremely worrying information regarding his fate has come to light, prompting allegations of a possible extra-judicial killing and state-sponsored murder;

B.	whereas Saudi Arabia at first denied any involvement in Jamal Khashoggi's disappearance, but following heavy international pressure admitted that his killing took place in its consulate in Istanbul;

whereas on 19 October 2018, the Saudi Public Prosecutor stated that 'investigations into the case are continuing, […] to hold all those involved in this case accountable and bring them to justice'; whereas the Saudi Foreign Minister stated on 21 October 2018 that the operation was accomplished by individuals exceeding the authorities and responsibilities they have, and that the Saudi authorities were determined to punish all those responsible for the murder; whereas Mohammad Bin Salman Al Saud's complete control over the security services makes it highly unlikely that an operation would have been undertaken without his knowledge or control;

whereas there are allegations, described by the Saudi authorities as 'baseless' and 'absolutely false', that CCTV footage was removed from the consulate, that all Turkish staff were ordered to take a day off, that parts of the consulate have now been repainted after Jamal Khashoggi's disappearance, and that 15 Saudi individuals, most of whom reportedly with links to the Crown Prince Mohammad bin Salman, the state security services, the military or other government ministries, arrived and left Istanbul on two chartered planes on 2 October 2018, the day Jamal Khashoggi disappeared;

whereas following Jamal Khashoggi's disappearance, obstacles were put in place by the Saudi authorities to undermine a prompt, thorough, effective, impartial and transparent investigation; whereas only after international pressure and an agreement with the Turkish authorities were investigators allowed to examine inside the Saudi consulate on 15 October 2018 and given access to the consul general's residence on 17 October 2018;

whereas Turkish and Saudi officials have announced a joint investigation into Jamal Khashoggi's disappearance; whereas UN experts have called for an international and independent probe into his disappearance; whereas the European Union and its Member States have insisted on the need for a continued thorough, credible and transparent investigation, in order to shed proper light on the circumstances of the murder of Jamal Khashoggi and to ensure that all those bearing responsibility are held fully to account;

whereas the targeting of Jamal Khashoggi by Saudi agents at the Saudi consulate in Istanbul is a flagrant violation of the Vienna Convention on Consular Relations of 1963, Article 55(2) of which states that consular premises 'shall not be used in any manner incompatible with the exercise of consular functions'; whereas Article 41 of the same convention states that diplomatic immunity can be annulled in cases of a 'grave crime', on the decision of a competent court;

whereas Saudi Arabia and Turkey are both party to the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and are obliged to take all measures to prevent torture, enforced disappearances and other serious human rights violations, to investigate allegations of acts constituting these crimes, and to bring to justice those suspected of committing them; whereas under the UN Convention, the particular crime of the killing of Jamal Khashoggi is subject to universal jurisdiction and any suspects can therefore be arrested anywhere in the territory of the signatory countries and, if applicable, tried in their domestic courts;

whereas freedom of opinion and expression of the press and media, both online and offline, are fundamental rights of every human being and are crucial preconditions and catalysts for democratisation and reform and essential checks on power; whereas free, diverse and independent media are essential in any society to promote and protect human rights; whereas journalists' work in uncovering abuses of power, shedding light on corruption and questioning received opinion often puts them at specific risk of intimidation and violence;

whereas the killing of journalist Jamal Khashoggi is part of a pattern of a widespread crackdown against prominent human rights defenders, women activists, lawyers, journalists, writers and bloggers, which has intensified since the Crown Prince Mohammad bin Salman began consolidating control over the country's security institutions; whereas the authorities are seeking the death penalty for several of these activists; whereas surveillance systems and other dual-use items have been used to track and trace the movements of human rights defenders and critics in Saudi Arabia; whereas Saudi journalists and defenders based outside the country, including in Western capitals, have faced threats to their families in Saudi Arabia;

whereas the Saudi regime is, at the same time, running an expensive international media campaign, portraying itself as a modernising force and announcing reforms, while the system still remains undemocratic and discriminatory; whereas several high-profile speakers, sponsors and media partners cancelled their participation ahead of the Future Investment Initiative conference held in Riyadh in October 2018, amid outrage over the disappearance of Jamal Khashoggi;

whereas the Saudi regime has on several occasions pressured, coerced and threatened countries and international organisations, and has blocked international independent investigations in response to criticism from those countries and organisations regarding human rights violations in Saudi Arabia or international humanitarian law violations committed in Yemen;

M.	whereas the German Chancellor stated on 21 October 2018 that Germany would put arms exports to Saudi Arabia on hold for the time being, given the unexplained circumstances of Jamal Khashoggi's death;

Condemns in the strongest possible terms the torture and killing of Jamal Khashoggi and extends its condolences to his family and friends; urges the Saudi authorities to disclose the whereabouts of his remains; recalls that the systematic practice of enforced disappearances and extrajudicial killings constitutes a crime against humanity;

Calls for an independent and impartial international investigation into the circumstances of the death of Jamal Khashoggi; calls on those responsible to be identified and brought to justice, following a fair trial to be held in accordance with international standards before an impartial court and with international observers present;

Is extremely concerned about information on Jamal Khashoggi's fate and the implication of Saudi agents; takes note of the ongoing investigation by Turkish and Saudi officials and encourages further joint efforts; calls on the Saudi authorities to fully cooperate with the Turkish authorities and urges the Turkish authorities, for their part, to make all the information available in order to clarify exactly what happened on 2 October 2018, beyond the hypotheses;

Reiterates that if the disappearance and murder of Jamal Khashoggi is attributed to Saudi agents, both state entities and individuals must be held to account; calls on the VP/HR and the Member States, in this regard, to stand ready to impose targeted sanctions, including visa bans and asset freezes against Saudi individuals, as well as human rights sanctions against the Kingdom of Saudi Arabia, once the facts have been established; insists that any such sanctions should target not only the perpetrators but also the masterminds and inciters of this crime;

Is concerned that the disappearance of Mr Khashoggi is linked to his criticism of Saudi policies in recent years; reiterates its call on the Saudi authorities to open up to fundamental rights, including the right to life and the right to free expression and peaceful dissent;

Urges the VP/HR, the European External Action Service (EEAS) and the Member States to conduct a structural dialogue with Saudi Arabia on human rights, fundamental freedoms and the country's troubling role in the region within the framework of EU relations with the Gulf Cooperation Council;

Condemns the Saudi authorities' ongoing harassment of human rights defenders, activist lawyers, journalists, clerics, writers and bloggers both within and outside the country, which undermines the credibility of the reform process in Saudi Arabia; insists that the Saudi authorities take the necessary steps to allow everyone to exercise their rights freely without any judicial harassment or any other reprisals, such as threats to their families; calls on the Saudi authorities to immediately and unconditionally release all human rights defenders and other prisoners of conscience detained and sentenced for merely exercising their right to freedom of expression and carrying out their peaceful human rights work;

Underlines the importance of defending freedom of expression, both online and offline, a free press and ensuring the protection of journalists; stresses that threatening, attacking or killing journalists is unacceptable under any circumstances and is a matter of the utmost concern;

Reminds the Saudi authorities of their international obligations under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

10.

Urges the EU and its Member States to take a strong position at the next Human Rights Council meeting in Geneva, at which, on 5 November 2018, Saudi Arabia will present its human rights record under the Universal Periodic Review; reiterates its call for the EU Member States to propose at the UN Human Rights Council the appointment of a Special Rapporteur on human rights in Saudi Arabia; calls for the Member States to take the initiative at the next Human Rights Council meeting to raise the issue of membership by states with deeply questionable human rights records, including Saudi Arabia; deplores the vote of several Member States in support of Saudi Arabia's membership of the Human Rights Council;

11.

Strongly supports the initiative to create an EU global human rights sanctions regime against human rights abusers worldwide, which would entail targeting individuals through visa bans and asset freezes; expects concrete deliverables from the conference organised by the Dutch authorities to launch the initiative, scheduled to take place in The Hague in November, and encourages the Member States and the EEAS to fully back this proposal;

12.

Calls on the Saudi authorities to immediately and unconditionally release Raif Badawi, as he is considered a prisoner of conscience, detained and sentenced solely for exercising his right to freedom of expression; calls on EU authorities to raise the issue of his case in any high level contact there may be and to set up an interinstitutional task force with the relevant actors, including the EEAS and EU delegation, in order to step up efforts to secure his release;

13.

Calls for a moratorium on the death penalty; calls for a review of all death sentences to ensure that the trials in question adhered to international standards;

14.

Calls on the Council to reach a common position in order to impose an EU-wide arms embargo on Saudi Arabia and to respect Common Position 2008/944/CFSP; calls for an embargo on the export of surveillance systems and other dual-use items that may be used in Saudi Arabia for the purposes of repression;

15.

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 European External Action Service, the UN Secretary General, the UN High Commissioner for Human Rights, the Government of Turkey, His Majesty King Salman bin Abdulaziz Al Saud, the Crown Prince Mohammad Bin Salman Al Saud, the Government of the Kingdom of Saudi Arabia, and the Secretary-General of the Centre for National Dialogue of the Kingdom of Saudi Arabia; calls for this resolution to be translated into Arabic.

(1) OJ C 378, 9.11.2017, p. 64.

(2) OJ C 310, 25.8.2016, p. 29.

(3) OJ C 349, 17.10.2017, p. 34.

(4) Texts adopted, P8_TA(2018)0232

(5) OJ C 35, 31.1.2018, p. 142.

(6) OJ C 356, 4.10.2018, p. 104.

(7) Texts adopted, P8_TA(2018)0383.

(8) OJ C 408, 30.11.2017, p. 43.

(9) OJ L 335, 13.12.2008, p. 99.

16.10.2020

Official Journal of the European Union

C 345/71

P8_TA(2018)0435

Situation in the Sea of Azov

European Parliament resolution of 25 October 2018 on the situation in the Sea of Azov (2018/2870(RSP))

(2020/C 345/12)

The European Parliament,

—	having regard to its previous resolutions on Russia and Ukraine,

—	having regard to the statement by the European External Action Service (EEAS) Spokesperson of 15 May 2018 on the partial opening of the Kerch Bridge,

—	having regard to the UN Convention on the Law of the Sea, the Treaty on the Non-Proliferation of Nuclear Weapons and the UN Charter,

—

having regard to Council Decision (CFSP) 2018/1085 of 30 July 2018 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), adding six entities involved in the construction of the Kerch Bridge to the list of persons, entities and bodies subject to restrictive measures as set out in Annex I to Regulation (EU) No 269/2014,

—

having regard to the Agreement between the Russian Federation and Ukraine on cooperation in the use of the Sea of Azov and the strait of Kerch of 2003, the Budapest Memorandum on Security Assurances of 5 December 1994 and the Package of Measures for the Implementation of the Minsk Agreements of 12 February 2015,

—	having regard to Rule 123(2) and (4) of its Rules of Procedure,

whereas the situation in the Sea of Azov was addressed by the bilateral agreement of 2003 between Ukraine and Russia, which defines these territories as internal waters of the two states and gives both parties the power to inspect suspicious vessels; whereas both the 2003 agreement and UN Convention on the Law of the Sea provide for the freedom of navigation;

B.	whereas the construction of the Kerch Bridge and a gas pipeline and the laying of underwater cables to the illegally annexed Crimean peninsula without Ukraine's consent constitute another violation of Ukraine's sovereignty and territorial integrity by the Russian Federation;

whereas the Kerch Bridge limits the size of ships that can reach the Ukrainian ports on the Sea of Azov to an air draft of less than 33 metres and a length of less than 160 metres, which has made it impossible for Panamax-class vessels, accounting for over 20 % of all ship traffic before the construction, to enter the Sea of Azov; whereas before the opening of the bridge over the Kerch Strait in spring this year, inspections were random and non-intrusive and did not cause disruptions to the free flow of vessels and cargo;

whereas Russia frequently and in an abusive manner blocks and inspects ships going through the Kerch Strait sailing to or from Ukrainian ports; whereas these procedures cause delays of up to one week and result in a decrease in cargo flows and tangible financial losses for the local economy in Ukraine and merchants whose vessels are subject to this regime; whereas according to Ukrainian Government sources more than 200 vessels had to undergo this excessive procedure by the end of September 2018, including over 120 ships registered in the EU, while ships under the Russian flag were exempt from such controls;

whereas these cities and the wider region are already facing negative economic and social consequences due to the annexation of Crimea and the ongoing Russian-backed conflict in eastern Ukraine; whereas this new act by Russia has already had a significant negative impact on the local economy and led to a sharp decrease in the turnover of cargo of Ukrainian ports;

F.	whereas the construction of this massive bridge has had a negative impact on the environment, lowering the sea level in the strait and affecting the water exchange between the Sea of Azov and Black Sea;

whereas in September 2018 Ukraine decided to repeal the Treaty of Friendship, Cooperation and Partnership signed in 1997 between Ukraine and the Russian Federation, and to create a naval base in the Sea of Azov, further increasing its military presence there by transferring additional Marine Corps forces and coastal artillery to that coastal area;

Deplores the excessive actions of the Russian Federation in the Sea of Azov insofar as they breach international maritime law and Russia's own international commitments; condemns the excessive stopping and inspection of commercial vessels, including both Ukrainian ships and those with flags of third-party states, including ships under flags of various EU Member States; stresses that inspections of vessels, while being allowed at random, should not be abused or carried out for political reasons with the aim of further destabilising the security, integrity and social and economic situation in Ukraine; calls on the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to demand that the Russian Federation immediately end the intensive and discriminatory inspections of vessels and to consider, if necessary, appropriate countermeasures;

Expresses its very serious concern about the very volatile security situation in the Sea of Azov, which could easily escalate to an open conflict; is gravely concerned about the continued militarisation of the Sea of Azov and Black Sea region, particularly of the illegally occupied and annexed Crimea peninsula, the development of anti-access/area denial (A2/AD) capabilities by the Russian Federation, including new S-400 anti-aircraft systems, and the redeployment of military and patrol vessels from the Caspian Sea; regrets that the Sea of Azov has become a new maritime dimension of belligerent Russian actions against Ukraine;

Condemns the construction of the bridge over the Kerch Strait linking the illegally annexed Crimean peninsula with mainland Russia, and the infringement of navigational rights in Ukraine's territorial waters; points out that Russia is bound by international maritime law and the bilateral cooperation agreement with Ukraine not to hamper or impede transit passage through the Kerch Strait and the Sea of Azov;

Reiterates its support for the independence and territorial integrity of Ukraine, reconfirms Ukraine's sovereignty over the Crimean peninsula and its part of the Sea of Azov and Ukraine's absolute right to have full access to the Sea of Azov, as enshrined in the UN Convention on the Law of the Sea;

Deplores the illegal extraction of oil and gas resources by the Russian Federation from Ukrainian territory; highlights the possible danger of Russia seizing existing Ukrainian oil and gas fields in the Sea of Azov once it achieves its aim of transforming it into an internal lake within the Russian Federation;

Underlines that this pattern of violating the territorial waters of European countries or blocking maritime transport has already been exercised by Russia in the Baltic Sea, in particular against the Baltic States and Poland (Vistula Lagoon);

Calls on the VP/HR to follow more closely the evolving security situation in the Sea of Azov, given its growing potential for conflict on Europe's doorstep, which may have wider security implications affecting the EU and its Member States directly; considers, in this regard, that it would be very useful to appoint an EU Special Envoy for Crimea and the Donbass region, whose responsibilities would also cover the Sea of Azov;

Calls on the VP/HR to take the necessary steps to propose that the OSCE Special Monitoring Mission to Ukraine mandate, which covers the entire territory of Ukraine, including maritime areas, also cover the new area of tensions in the Azov Sea, and stresses that either the mission should be equipped with the necessary means to perform its monitoring role in maritime areas or a separate international monitoring mission should be established for this body of water;

Underlines that the Kerch Bridge has been illegally constructed and welcomes the Council's decision to impose restrictive measures on six companies involved in its construction; urges the VP/HR, together with the EU Member States in the Council, to make it clear that the targeted sanctions against Russia will be reinforced if the conflict in the Azov Sea escalates further;

10.

Reiterates its concern at the involvement of European companies in the construction of the Kerch Bridge, which, through this involvement, knowingly or unknowingly undermined the EU sanctions regime; calls on the Commission, in this regard, to assess and verify the application of the EU restrictive measures in force and on the Member States to share information regarding any national customs or criminal investigations into cases of potential violations;

11.

Supports the efforts made by the Ukrainian side in all diplomatic actions and legal procedures provided for by international law and relevant conventions, including the ongoing arbitration process under the UN Convention on the Law of the Sea, with a view to countering Russian hostile practices in the Sea of Azov;

12.

Calls on the Commission and the EEAS to provide a full assessment of the economic damage caused by the de facto blockade and to consider possible ways to support the carriers and ports that have been negatively affected, in particular by strengthening the EU's engagement in Mariupol and Berdyansk, enhancing social resilience and promoting the economic development of these cities and the broader south-east region of Ukraine;

13.

Is concerned about the adverse environmental impact of the Kerch Bridge, which might affect the interests of all Black Sea basin countries; calls on Ukraine, the Commission and the Member States on the shores of the Black Sea to monitor the situation, exchange relevant information and identify potential remediation needs;

14.

Expresses its condolences and sympathy to the families of the victims of the mass murder at the college in Kerch where 20 people were killed and dozens wounded on 17 October 2018;

15.

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 Secretary-General of the Organisation for Security and Cooperation in Europe (OSCE), the Secretary-General of NATO, the President, Government and Parliament of Ukraine, the President, Government and Parliament of the Russian Federation, and the EU Member States.

(1) OJ L 194, 31.7.2018, p. 147.

16.10.2020

Official Journal of the European Union

C 345/74

P8_TA(2018)0436

Situation in Venezuela

European Parliament resolution of 25 October 2018 on the situation in Venezuela (2018/2891(RSP))

(2020/C 345/13)

The European Parliament,

—

having regard to its previous resolutions on 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 (3), of 8 June 2016 (4), of 27 April 2017 (5) and of 8 February 2018 (6) on the situation in Venezuela, of 3 May 2018 on the elections in Venezuela (7), and of 5 July 2018 on the migration crisis and humanitarian situation in Venezuela and at its terrestrial borders with Colombia and Brazil (8),

—	having regard to the Universal Declaration of Human Rights of 1948,

—	having regard to the International Covenant on Civil and Political Rights,

—	having regard to the International Covenant on Economic, Social and Cultural Rights,

—	having regard to the Rome Statute of the International Criminal Court (ICC),

—

having regard to the statement of 8 February 2018 by the Prosecutor of the International Criminal Court, Fatou Bensouda, on opening preliminary examinations into the situations in the Philippines and in Venezuela, and of 27 September 2018 on the referral by a group of six States Parties regarding the situation in Venezuela,

—	having regard to the Foreign Affairs Council conclusions of 15 October 2018,

—	having regard to the appointment on 19 September 2018 of Eduardo Stein as the UN Refugee Agency (UNHCR) and the UN Migration Agency (IOM) Joint Special Representative for Venezuelan refugees and migrants in the region,

—	having regard to the statement of 9 October 2018 by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on the death of municipal councillor Fernando Albán in Venezuela,

—	having regard to the statement of 10 October 2018 by its Committee on Foreign Affairs and the Subcommittee on Human Rights with regard to Fernando Albán's death,

—	having regard to the report of its mission focused on the migration crisis and humanitarian situation in Venezuela and at its terrestrial borders with Colombia and Brazil,

—	having regard to its decision to award the 2017 Sakharov Prize to the democratic opposition and political prisoners in Venezuela,

—	having regard to Rule 123(2) and (4) of its Rules of Procedure,

whereas the situation of human rights, democracy and the rule of law in Venezuela continues to seriously deteriorate; whereas Venezuela is facing an unprecedented social, economic and humanitarian crisis as a result of a political one, causing a huge number of deaths and around 2,3 million migrants and refugees;

whereas 87 % of the population of Venezuela is affected by poverty, with the level of extreme poverty standing at 61,2 %; whereas maternal mortality has increased by 60 % and infant mortality by 30 %; whereas 89 % of the Venezuelan population do not have sufficient financial resources to buy enough food for their families; whereas according to the IMF, inflation is predicted to reach a level of 1,4 million % in 2018 and 10 million % in 2019;

C.	whereas despite the readiness of the international community, the Venezuelan Government regrettably remains obstinate in its refusal to openly receive and facilitate the distribution of international humanitarian aid and is thus neglecting any responsibility it has towards its own citizens;

whereas on 8 October 2018 the Venezuelan opposition politician Fernando Albán was allegedly tortured and murdered on the premises of the Bolivarian National Intelligence Service (SEBIN), the Venezuelan political police; whereas despite calls from the UN and the EU, the authorities have refused to allow an independent investigation into the causes of his death, including an international autopsy carried out by an independent forensic team; whereas Mr Albán was in custody on the premises of SEBIN, and the Venezuelan authorities are therefore to be held accountable for his whereabouts;

whereas on 13 October 2018, 2017 Sakharov Prize laureate Lorent Saleh was released, driven directly to the airport and immediately expelled to Spain in an act of forced exile; whereas he had been in jail for four years, where he suffered horrible torture and was held without trial, his judicial hearings delayed at least 53 times; whereas his testimonies, along with those of many other victims, confirm systematic repression and cruel and inhumane treatment of political prisoners in Venezuela;

F.	whereas more than two hundred political prisoners remain in jail in Venezuela; whereas the Member of the National Assembly Juan Recasens was arbitrarily arrested and subjected to torture, and remains incommunicado, in permanent and illegal violation of his political immunity;

whereas former President of the National Assembly and 2017 Sakharov Prize laureate Julio Borges, former Prosecutor General Luisa Ortega Diaz and former Prosecutor of the Public Ministry of Venezuela Zair Mundaray Rodriguez are the subjects of an unfounded accusation of involvement in an attempted plot to kill the President of Venezuela, Nicolás Maduro; whereas the Venezuelan authorities have issued through Interpol international arrest warrants for the three of them;

whereas there is a climate of increasing violence and total impunity in Venezuela, on account of the authorities' failure to hold to account perpetrators of serious human rights violations, including murder, the use of excessive force against demonstrators, arbitrary detention, torture, and other degrading and inhuman treatment, but also criminal violence;

whereas on 8 February 2018 the Prosecutor of the ICC opened preliminary examinations into the situation in Venezuela; whereas on 27 September 2018 a group of six States Parties to the Rome Statute of the ICC (Argentina, Canada, Colombia, Chile, Paraguay and Peru) requested that the Prosecutor initiate an investigation into crimes against humanity committed within the territory of Venezuela; whereas France and Costa Rica also backed calls for such investigations; whereas this constituted the first ever referral submitted by a group of States Parties concerning a situation on the territory of another State Party; whereas Parliament has made this same call on two occasions, in its resolution of 8 February 2018 on the situation in Venezuela and its resolution of 13 September 2017 on EU political relations with Latin America (9);

whereas on 13 November 2017 the Council decided to adopt an arms embargo against Venezuela and a ban on related material that might be used for internal repression; whereas on 22 January 2018 it decided, by unanimity, to impose sanctions against seven Venezuelan individuals holding official positions, in the form of restrictive measures such as travel bans and asset freezes, in response to non-compliance with democratic principles; whereas on 25 June 2018 the sanctions were extended to eleven more Venezuelan officials responsible for human rights violations and undermining democracy and the rule of law;

whereas the EU, together with other democratic bodies, recognised neither the presidential nor the Constituent National Assembly elections, nor the authorities put in place by these illegitimate processes; whereas the National Electoral Council (CNE) has set 9 December 2018 as the date for the election of the country's municipal councils; whereas the main and biggest opposition political parties, Acción Democrática (AD), Primero Justicia (PJ), Un Nuevo Tiempo (UNT) and Voluntad Popular, will not be allowed to participate; whereas the international community will not accept the election results while opposition leaders are imprisoned and political parties banned from running;

whereas the Foreign Affairs Council conclusions of 15 October 2018 include a reference to a political solution to the current crisis, to be sought by exploring the possibility of establishing a contact group whose objective would be to promote an initiative to be led jointly with key regional and international partners in order to create conditions that can lead to a political process;

whereas two attempts to build a national dialogue between the government and the opposition facilitated by the Vatican and international mediators with a view to finding a way out of the crisis failed on account of the lack of seriousness of the Venezuelan authorities, who exclusively focused on trying to gain time and international recognition;

Expresses its sincere condolences to Fernando Albán's family and friends; condemns, in this regard, the crimes committed by the Venezuelan authorities and calls in this particular case for an immediate independent investigation into the government, including an international autopsy carried out by an independent forensic team; recalls that it is the duty of the state to ensure the safety and physical integrity of all people in custody;

Condemns the use of arbitrary detention and judicial and administrative harassment to persecute thousands of human rights defenders, elected members of the opposition and independent civil society organisations; urges the Venezuelan authorities to halt all human rights violations, and to hold those responsible accountable, and to ensure that all fundamental freedoms and human rights are fully respected;

Recalls that two previous attempts aimed at reaching a political solution to the crisis in Venezuela through mediation with the Vatican and through national political dialogue which took place in the Dominican Republic have clearly failed;

Recalls the previously stated position of the Union and Parliament that any further political development must include the following non-renounceable demands: the immediate release of all political prisoners and an end to the torture, ill-treatment and harassment of political opponents, human rights activists and peaceful protesters; a new independent National Electoral Council elected by the National Assembly; the holding of free and fair elections in compliance with international standards for a credible process respecting political pluralism, with the presence of democratic international observers and recognise the power of the legitimate National Assembly and dissolution of the Constituent National Assembly;

Notes with interest the Council Conclusions regarding the possible launching of contacts with regional and international partners to explore the possibility of establishing a contact group; recalls, in this regard, that the role of international mediation or a contact facilitator group must be unbiased and be accepted by both sides; considers that the aim of this exploratory contact group should be to contribute to finding a democratic and political solution to the Venezuelan conflict by peaceful means, decided solely by the Venezuelan people; underlines to the VP/HR that, while exploring the possibility of launching the contact group, contacts need to be made with legitimate representatives of the Venezuelan democratic opposition in order to verify whether there is a majority in favour of such an initiative;

Fully supports the preliminary statement of the ICC on the extensive crimes and acts of repression perpetrated by the Venezuelan regime against its own citizens; urges the Union and the Member States to join the initiative of the ICC State Parties to investigate crimes against humanity committed by the Venezuelan government in the territory of Venezuela and so to hold those responsible accountable; recalls the EU's commitment to multilateralism, in the framework of the UN doctrine, and the ICC's role in the fight against impunity for serious crimes against humanity and in bringing their perpetrators to justice;

Welcomes the EU's imposition of additional targeted and reversible sanctions, which will cause no harm to the Venezuelan population, for the holding of elections on 20 May 2018 that were illegitimate and not internationally recognised; calls for these sanctions to be strengthened if the situation of human rights and democracy in the country continues to deteriorate;

Commends the Colombian Government for its prompt reaction and the support it has provided to all incoming Venezuelans; equally praises Brazil, Peru and other countries in the region, particularly those that have signed the Declaration of Quito on Human Mobility of Venezuelan citizens, as well as regional and international organisations, private and public entities, the Catholic church and the citizens of the whole region for their active help for and solidarity towards Venezuelan migrants and refugees; calls on the Member States faced with the influx of Venezuelans to provide them with access to basic services and grant them temporary protected status and special residence rights;

Reiterates the very worrying findings of its mission of June 2018 to Venezuela's terrestrial borders with Colombia and Brazil and calls for an ad hoc delegation to be sent to Peru in 2019 to assess the impact of the Venezuelan migration crisis on the ground; reiterates its call on the Venezuelan authorities, as a matter of urgency, to allow unimpeded humanitarian aid into the country in order to prevent the aggravation of the humanitarian and public health crisis and to implement a short-term response to counter malnutrition;

10.

Calls on the Council and the VP/HR to mobilise more funds and assistance in coordination with the recently appointed Joint Special Representative of the UNHCR and the IOM for Venezuelan refugees and migrants in the region, Eduardo Stein; welcomes, in this regard, his appointment, which clearly reflects the regional and global scale of the on-going crisis in Venezuela;

11.

Recalls that Interpol is the international police organisation devoted chiefly to fighting international crime; calls on Interpol to carefully consider that the Venezuelan Government's requests against Mr Borges, Ms Ortega Diaz and Mr Mundaray Rodriguez are purely politically motivated;

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 governments and parliaments of the Republic of Colombia, the Republic of Brazil and the Republic of Peru, the Euro-Latin American Parliamentary Assembly, the Secretary-General of the Organisation of American States and the Lima Group.

(1) OJ C 285, 29.8.2017, p. 145.

(2) OJ C 294, 12.8.2016, p. 21.

(3) OJ C 316, 30.8.2016, p. 190.

(4) OJ C 86, 6.3.2018, p. 101.

(5) OJ C 298, 23.8.2018, p. 137.

(6) Texts adopted, P8_TA(2018)0041.

(7) Texts adopted, P8_TA(2018)0199.

(8) Texts adopted, P8_TA(2018)0313.

(9) OJ C 337, 20.9.2018, p. 71.

16.10.2020

Official Journal of the European Union

C 345/78

P8_TA(2018)0437

Promoting automatic mutual recognition of diplomas

European Parliament resolution of 25 October 2018 on promoting automatic mutual recognition of diplomas (2018/2838(RSP))

(2020/C 345/14)

The European Parliament,

—	having regard to Articles 26, 53 and 165 of the Treaty on the Functioning of the European Union (TFEU),

—	having regard to the European Council conclusions of 14 December 2017 on promoting cooperation of Member States on mutual recognition of higher education and school-leaving diplomas at secondary education level,

—

having regard to the Council Recommendation of 22 May 2017 on the European Qualifications Framework for lifelong learning and repealing the recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European Qualifications Framework for lifelong learning (1),

—	having regard to the 2012 Bucharest Communiqué,

—	having regard to the Commission proposal of 17 January 2018 for a Council Recommendation on Key Competences for Lifelong Learning (COM(2018)0024),

—	having regard to the Commission proposal of 22 May 2018 for a Council Recommendation on promoting automatic mutual recognition of higher education and upper secondary education diplomas and the outcomes of learning periods abroad (COM(2018)0270),

—	having regard to the question to the Commission on promoting automatic mutual recognition of diplomas (O-000084/2018 — B8-0415/2018),

—	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 learning mobility fosters skills, competences and knowledge while promoting European values and active participation in society;

B.	whereas mutual recognition of diplomas and the outcomes of learning periods abroad enables Member States to intensify and accelerate their cooperation in education and training, and illustrates one of the concrete benefits of EU cooperation to citizens;

C.	whereas improving recognition procedures for higher education and upper secondary education diplomas and for the outcomes of learning periods abroad is a prerequisite for the establishment of a European Education Area (2) by 2025;

D.	whereas substantial progress has already been made at higher education level, in particular through regional agreements between some Member States that can serve as inspiration for achieving automatic recognition within the European Education Area;

E.	whereas mutual recognition processes for upper secondary education qualifications and for the outcomes of learning periods abroad during secondary education remain underdeveloped;

F.	whereas learning mobility in the EU has been gaining importance in terms of both actual volumes of students and capacity and learning opportunities;

G.	whereas fair and transparent recognition of foreign qualifications is both a technical goal of the Bologna Process and a fundamental value underpinning an open, inclusive European Higher Education Area (EHEA);

H.	whereas the right to education is a fundamental human right that needs to be universally guaranteed;

Calls on the Member States to make a political commitment and put in place mechanisms for the automatic mutual recognition of higher education and upper secondary education qualifications, as well as the outcomes of learning periods abroad, in line with the objectives of the European Education Area; calls on the Commission to support the achievement of this objective by fostering mutual learning and exchange of good practice, such as the regular issuing of 'statements of comparability' of upper secondary education diplomas and the consistent use of the ECTS grading table;

Asks Member States to increase transnational cooperation and to make use of new technologies in order to increase efficiency, reduce costs, improve transparency and build trust to that end, with a view to taking advantage of the educational and job opportunities stemming from the internal market; stresses also the need to work together with the Commission to effectively develop and put in place the European student card with the aim of facilitating the mutual recognition of diplomas and learning periods abroad, while reducing administrative burdens and costs for students and education institutions;

Calls on the Member States to start a cooperation process on general secondary education and training aimed at fostering transparency and building trust between different education and training systems;

Calls to mind the importance and potential of EU funding sources and the Erasmus+ programme in particular for promoting mobility at all levels of education and establishing European Universities and joint masters degrees;

Recalls to that end the importance of guaranteeing the inclusiveness of the EU mobility programmes, in particular by ensuring the participation of people with disabilities and of those from disadvantaged socio-economic backgrounds;

Calls on the Member States to facilitate the integration of newly arrived students, refugees and migrants into the education environment by ensuring that the initial recognition of their diplomas or outcomes of learning periods abroad by an EU Member State does not entail excessive administrative burdens;

Calls on the Member States to put in place mechanisms facilitating the automatic mutual recognition of diplomas and outcomes of learning periods abroad by 2025 in line with the objectives of the European Education Area and building on existing frameworks, including the EU key competences framework; stresses also in this regard the importance of mutual links and complementarity between the European Education Area and the European Higher Education Area;

Acknowledges the positive example set by the European Baccalaureate for cooperation between Member States on the recognition of upper secondary education qualifications; recommends, however, that Member States remove any undue obstacles to swift and transparent recognition of European School grades for access to higher education;

Recommends that Member States ensure, with a view to achieving automatic mutual recognition of diplomas and fair access to higher education institutions, that all European students are entitled to attend upper secondary education under the same conditions as nationals of that Member State, by having the right to be placed in a class with their own age group, at the equivalent level to their class in their country of origin, regardless of their language level;

10.

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

(1) OJ C 189, 15.6.2017, p. 15.

(2) https://ec.europa.eu/commission/sites/beta-political/files/communication-strengthening-european-identity-education-culture_en.pdf

16.10.2020

Official Journal of the European Union

C 345/80

P8_TA(2018)0438

Deployment of infrastructure for alternative fuels in the European Union: time to act!

European Parliament resolution of 25 October 2018 on deployment of infrastructure for alternative fuels in the European Union: time to act! (2018/2023(INI))

(2020/C 345/15)

The European Parliament,

—

having regard to the Commission communication of 8 November 2017 entitled 'Towards the broadest use of alternative fuels — an Action Plan on Alternative Fuels Infrastructure under Article 10(6) of Directive 2014/94/EU, including the assessment of national policy frameworks under Article 10(2) of Directive 2014/94/EU' (COM(2017)0652),

—	having regard to Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (1),

—	having regard to Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles (2),

—	having regard to the Paris Agreement, Decision 1/CP.21 and the 21st Conference of the Parties (COP 21) to the UNFCCC, and the 11th Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (CMP 11) held in Paris, France from 30 November to 11 December 2015,

—

having regard to the Commission proposal for a Regulation of the European Parliament and of the Council setting emission performance standards for new passenger cars and for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles and amending Regulation (EC) No 715/2007 (recast) (COM(2017)0676),

—

having regard to the International Code of Safety for Ships using Gases or other Low-flashpoint Fuels (IGF Code), along with the proposed amendments to make the Code mandatory under the International Convention for the Safety of Life at Sea (SOLAS), addressing the challenges posed by the adoption of alternative fuels at regulatory level in the shipping sector and aiming at minimising the risk to the ships, their crew and the environment, and having regard to the nature of the fuels involved,

—	having regard to the opinion of the European Economic and Social Committee of 19 April 2018,

—	having regard to Rule 52 of its Rules of Procedure,

—	having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection (A8-0297/2018),

whereas mobility is a basic need and the backbone of our societies and economies, and should be clean, sustainable, reliable, affordable and safe in all respects; whereas, in this context, clean technologies offer huge opportunities and benefits for society, having a significant impact on health and on the environment, as well as on the automotive industry, energy suppliers, utilities, and grid operators;

whereas Member States have adopted their national policy frameworks (NPF) that were assessed by the Commission in its recent communication COM(2017)0652, which noted that the objectives and the implementation of charging infrastructure for electric vehicles vary from one Member State to another, as only eight out of 25 Member States fully meet the NPF requirements set out in Directive 2014/94/EU (3), and that two Member States failed to submit their NPF by 16 November 2016, as required under Article 3 of Directive 2014/94/EU;

whereas the decarbonisation of transport will improve air quality and strengthen Europe's energy security and independence vis-à-vis imported energy and fossil fuels, and will therefore require a swift and substantial change in the type of energy, fuels and powertrains used, as well as an increase in energy efficiency, by deploying the most efficient and advanced technologies, making the transition to multimodal transport and changing mobility behaviour;

whereas transport is the only major economic sector in the European Union where greenhouse gas (GHG) emissions have increased since 1990; whereas it is responsible for 23 % of CO2 emissions, and this share is still growing; whereas road transport accounts for almost 75 % of all energy used in transport and causes almost 73 % of the transport sector's greenhouse gas emissions; whereas there is a constant increase in traffic linked to the growth in movements and volumes of goods transported in the EU and the increased mobility of people; whereas this increase, as projected for 2030, will have consequences for climate change, air quality and energy consumption, and will also have an impact on infrastructure; whereas decarbonisation of road transport through the use of sustainable alternative fuels will require a flexible approach, meaning that different alternative fuels could be needed for different vehicle segments;

whereas shipping accounts for over 80 % of world trade by volume and 3 % of global greenhouse gas emissions, contributing to air pollution close to coastal areas and ports; whereas, taking into consideration its substantial contribution to the worldwide transport market, the gradual adoption of alternative fuels by shipping would have a significant positive effect on the environment;

whereas, in order to keep the increase in the global temperature to well below 2oC while pursuing the 1,5oC target as signed up to in the Paris Agreement, road transport needs to be fully decarbonised with zero net emissions by 2050 at the latest; whereas a shift to alternative fuels can help achieve this goal, although conventional fuels will still be needed for the foreseeable future until such time as demand can be met in full by alternative fuels;

whereas switching to sustainable alternative fuels and powertrains, taking into account the whole life-cycle of vehicles, is the best means to decarbonise the existing and future vehicle fleet; whereas the overall effect will be even greater when combined with increased vehicle efficiency, use of public transport and bikes, the development of shared mobility and improvements to the overall efficiency of transport systems through C-ITS systems and automation and digitalisation technology; whereas urban and spatial planning can support and complement the technological efforts and support the deployment of charging and refuelling infrastructure; whereas the promotion of alternative fuels can make an important contribution to the improvement of air quality in cities;

whereas the price disadvantages of alternative-fuel vehicles compared to regular internal combustion engine (ICE) vehicles, together with the lack of deployment of refuelling and recharging infrastructure, are still among the main barriers to customers' purchasing decisions; whereas, in this context, buyers' premiums, tax exemptions and non-fiscal incentives have proven to accelerate market uptake and should reflect the GHG and pollutants emission performance of different alternative fuels;

whereas shifting towards alternative fuels and powertrains represents an opportunity, and a research incentive, for a competitive European industry to reaffirm its technological leadership; whereas this transition is crucial for international competitiveness in terms of knowledge, technology and market share;

whereas the recast of the Regulation on emission standards for new passenger cars and for new light commercial vehicles will hopefully set ambitious reduction targets and incentivise low- and zero-tailpipe-emission vehicles, whilst preserving a technology neutral approach, thus leading the way to a decarbonised European vehicle fleet, which will require the deployment of an adequate infrastructure network for alternative fuels; whereas the revision of the Directive on the promotion of clean and energy-efficient road transport vehicles complements the Directive on alternative fuels by guaranteeing demand for suppliers and increasing the uptake of clean vehicles;

K.	whereas 94 % of Europe's transport sector is dependent on oil, 90 % of which has to be imported, including from some politically unstable countries;

whereas according to Directive 2014/94/EU, alternative fuels still encompass fuels of fossil origin, thus contradicting the goal of decarbonisation and the phasing out of fossil fuels; whereas priority should be assigned to low- and zero-tailpipe emission solutions over the entire life-cycle of vehicles; whereas for heavy-duty vehicles and in the shipping sector, however, Liquefied natural gas (LNG) and Compressed natural gas (CNG) may contribute in the short and medium-term to the improvement of air quality, in particular around ports and along coastlines;

whereas the energy and transport sectors need to be coupled more closely together in order to allow for deep decarbonisation in mobility; whereas energy carriers such as electricity and hydrogen allow for zero-emission mobility while integrating renewable energy sources (RES); whereas with the energy sector progressively shifting towards using RES only, storage for excess energy in periods of low demand has to be provided; whereas Battery Electric Vehicles (BEVs) and Fuel Cell Electric Vehicles (FCEVs) can contribute to that end; whereas low-emission energy sources will be an intermediate step in the shift towards zero-emission mobility; whereas technology neutrality should therefore be the starting point for the roll-out of alternative fuels infrastructure;

N.	whereas lithium-ion cells, a key component of electric vehicle batteries, are nearly all produced outside of the European Union, mainly in Asia;

whereas smart, robust electricity grids, better integration of power and gas grids via power-to-gas, access to the grid for charging service providers and private charging points and the roll-out of Hydrogen Refuelling Stations are key to electromobility; whereas with BEV and FCEV smart and controlled charging can help balance grids, but there is still a lack of regulatory, tax and technical frameworks;

whereas the TEN-T networks constitute the main transport networks in the European Union; whereas focussing on deploying alternative fuels infrastructure and pursuing the goal established in the communication to provide full coverage of the trans-European transport network (TEN-T) core network corridors with charging points by 2025 should be a key priority; whereas this target should be further complemented with the deployment of alternative fuels infrastructure both on the comprehensive TEN-T network and in urban, rural and sparsely populated areas, taking into consideration structural and economic constraints, in order to achieve a balanced coverage;

Welcomes the aforementioned Commission communication on the deployment of alternative fuels infrastructure; highlights that further coordination and cooperation at EU level is needed in order to decarbonise the transport sector by 2050 and underlines the opportunities for industry, technology and employment presented by the deployment of alternative fuels and the corresponding infrastructure;

Stepping up efforts

Calls, however, on the Commission to bring forward a revision of Directive 2014/94/EU, while maintaining the current definition of alternative fuels as listed in Article 2, and to focus on its proper implementation, taking into account that only 8 of 25 Member States have so far fully implemented it, in order to fill the gaps in alternative fuels infrastructure throughout the European Union; stresses the need to increase the uptake of alternative fuels and to create a stable environment for investment;

Notes that the Commission's evaluation of the National Framework Plans (NFPs) reveals differing levels of effort, ambition and available funding between Member States and that the deployment of alternative fuels falls short of being comprehensive and evenly distributed; calls therefore on the Commission to thoroughly assess the NFP projects and ambition levels, to suggest additional measures where needed and to support Member States with best practice examples; invites the Commission to replace the system of NFPs with more efficient instruments, including concrete, binding and enforceable targets, to formulate sustainability criteria; suggests that the Commission take into account the projected and realised uptake of alternative-fuel vehicles and their technological progress, allow Member States flexibility in determining how to reach the targets, and pursue the goal of having a trans-European infrastructure network for all alternative fuels that is accessible, compatible and interoperable;

Calls for the projected increase in journeys and in the volumes transported up to 2030 to be taken into account in order to calculate the scale and appropriately equip the new infrastructure; stresses the importance of the technological advances that are already under way or in the pipeline in the fields of batteries, hydrogen and energy storage, and stresses the need to take account of these advances in the strategic choices that are to be made; notes that new infrastructure must be adaptable to changes, both in terms of volumes and in terms of technologies; stresses, for example, that a massive increase in the number of electric vehicles coupled with an increase in the range of those vehicles to 400 km will have an impact on the deployment density of the network of charging stations, as well as on the type of charging required;

Suggests an annual evaluation of the Member States' implementation status and broadening of the Directive's scope to shift it from deployment along the TEN-T core network to also covering the TEN-T comprehensive network, urban and regional nodes, and areas reaching the 'high' level of the European Air Quality Index (EAQI) on more than 35 days in a year and with a population density six times higher than the EU average density, in order to achieve a geographically broad coverage, and to also include the infrastructure for public fleets; calls on the Commission to extend the scope of the Connecting Europe Facility (CEF)in this regard and to increase its funding;

Supports electrified roads that allow electric vehicles to charge as they drive; calls for their wider development, at least along the TEN-T Core and Comprehensive network roads; believes that electrified roads could be a solution making it possible to reduce battery size and, consequently, the prices of new vehicles;

Calls on the Commission to create a level playing field between the different alternative fuels ensuring technology neutrality, especially when promoting distribution infrastructure, thus making hydrogen infrastructure mandatory with deployment requirements equal to those for CNG, but adjusting these deployment requirements;

Underlines the importance of sustainable urban planning, shifting from private use to shared and public use of transport and calling on the Commission and Member States to particularly turn their attention to the deployment of alternative fuels infrastructure for collective and public transport services, such as buses, trams, trains, shared cars, taxis and mini vans, as well as for bicycles, scooters and motorcycles; encourages the deployment of alternative fuels infrastructure in urban and suburban areas, giving priority to those where air quality is poor;

Encourages the local and regional authorities participating in the Global Covenant of Mayors for Climate and Energy to strive to include concrete measures in their Sustainable Energy Action Plans (SEAPs), in particular for the construction or completion of charging infrastructure for electric vehicles;

10.

Calls on the Commission to complement the climate-related goals of Directive 2014/94/EU with additional clean air measures following the fitness check of the EU Ambient Air Quality Directives 2004/107/EC (4) and 2008/50/EC (5);

11.

Draws attention to the importance of sustainable public procurement of alternatively powered vehicles as a driver of demand for alternative fuels and alternative fuels infrastructure;

12.

Encourages the provision of clean power supply at airports (for use in stationary planes as well as for mobile equipment at airports) in order to cut kerosene consumption, improve air quality, and reduce climate change impact and noise pollution;

Clean Mobility Fund: financing alternative fuels infrastructure

13.

Welcomes the Commission's effort to provide an additional EUR 800 million as start-up financing to support the uptake of alternative fuels infrastructure; doubts, however, that the leverage will be sufficient given the projected need for EUR 5,2 billion up to 2020 and an additional EUR 16-22 billion of overall investment up to 2025 (6); urges the Commission to increase the initial funding, to support not only the deployment but also the operation of such infrastructure during the unprofitable market uptake phase, and to focus on the needs of public transport operators, including for supporting infrastructure such as maintenance workshops; highlights that additional public and especially private investment is needed;

14.

Suggests that the estimated necessary investment of EUR 25 billion up to 2025 could be co-funded, with the European Union contributing around 10 % and around 90 % coming from industry, notably manufacturers, suppliers, energy and fuel producers and other interested parties; stresses that alternative fuels infrastructure projects should have access to grants and loans provided by the CEF, the European Investment Bank (EIB) and the EC IPE (Investment Plan for Europe), while always ensuring there is no distortion of the market; requests that financial resources from the fund should be awarded according to the criteria of sustainability, feasibility, technology neutrality, climate targets, European added value, the achievement of deployment goals and cohesion policy; asks that the INEA, which already oversees the CEF, become the responsible agency;

15.

Considers that the European Structural and Investment Funds 2 (ESIF 2), as well as the European Regional Development Fund (ERDF), the Cohesion Fund (CF), Invest EU and Horizon Europe, are appropriate instruments to support the deployment of alternative fuel infrastructure and continuous investment in research and innovation in order to achieve a better level of sector coupling, such as transport and energy;

16.

Calls on the Commission to review Directive 1999/94/EC of the European Parliament and of the Council (7) on consumer information on cars; takes the view that such a review should aim to substantially improve the information consumers receive about fuel consumption, CO2 emissions and pollutant emissions, and to make it possible to compare the efficiency of and emissions from traditional and alternative fuel technologies for transport under real-life conditions;

17.

Calls on the Commission to draw up a regulation on roaming on alternative publicly accessible fuels infrastructure, at least in the TEN-T network;

18.

Notes that taxation has a major impact on the price competitiveness of alternative fuels; calls therefore on Member States to review their energy taxation frameworks in order to facilitate and incentivise the uptake of low-carbon and carbon-free alternative fuels and to remove present disparities in energy taxation between different transport modes, for example on electricity used for shore-side supply for ships and energy used to generate alternative fuels, including power-to-gas as storage for intermittent renewable energies;

19.

Calls on the Commission to support the decarbonisation of the maritime and shipping sector with a clear focus on innovation, digitisation and adaptation of ports and ships; calls on the Commission, Member States and their regions, to establish a common 'LNG blue corridors project for islands', in particular for the outermost regions; emphasises that shore-side energy supply at both inland and maritime ports can contribute substantially to reducing noise, CO2 and other pollutant emissions while improving air quality;

Alternative fuels — an alternative industrial policy

20.

Regrets that progress regarding the deployment of alternative fuels infrastructure and the availability of alternatively powered vehicles is too slow, with only 19 Battery Electric Vehicles and 25 Plug-in Hybrid Electric Vehicles available in 2017 compared to 417 models with ICEs, and calls on manufacturers to step up efforts in this regard; recognises the need for policies that incentivise the use of zero- and low-tailpipe-emission vehicles and stimulate the offer of alternatively fuelled light and heavy-duty vehicles, such as ambitious emissions standards in 2025 and 2030 for new light and heavy-duty vehicles, including strong incentives for zero- and low-tailpipe emission vehicles; recognises at the same time the need for greater public and private investment;

21.

Emphasises the connection between the availability of alternatively fuelled vehicles, the deployment of alternative fuels infrastructure and consumer demand for these technologies; highlights, in this regard, that moving towards alternative fuels and powertrains could help the industry to be globally competitive and keep high-quality jobs in Europe, while making up for the missed opportunities in decarbonising the car industry and for the lack of investment in sustainable transport; stresses that the increased uptake of alternatively fuelled vehicles will lower production costs and accelerate the reduction in the total cost of ownership;

22.

Recalls the importance of a functioning internal market ensuring easy accessibility of fuelling stations, interoperability of payment services and technical standards, transparent fuel pricing and interoperability between servers and data formats; stresses in this respect the importance of timely, easily understandable, accurate, accessible and transparent information to consumers and the accessibility of this information through an open data platform; calls for the deployment of multi-energy stations so as to avoid the creation of various different distribution networks for each type of power supply;

23.

Notes that most charging of electric vehicles will occur at home or at work, complemented by charging at public and semi-public places such as supermarkets, train stations or airports; stresses in this regard that a greater focus on smart charging solutions is needed, grid stability must be ensured and self-consumption enabled; underlines that for long-distance electromobility fast- and ultra-fast charging stations are needed along highways, main road systems and network nodes; highlights that open access to charging points, interoperability of technology and payments and the free choice of energy, including renewable energy, and suppliers are key factors for a functioning system;

24.

Welcomes the Commission's initiative for a sustainable European Battery Alliance and strongly supports the establishment of European battery cell production focussing on next-generation technology; calls on the Commission to extend the initiative to other powertrains such as fuel cells in order to maintain European technology leadership;

25.

Calls on the Commission to assess the feasibility of life-cycle assessments for all alternative fuels, batteries and powertrain solutions in order to sustainably decarbonise the transport sector and evaluate their emissions and impact on energy and water demand, land use, the environment and communities;

o o

26.

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

(1) OJ L 307, 28.10.2014, p. 1.

(2) OJ L 120, 15.5.2009, p. 5.

(3) OJ L 307, 28.10.2014, p. 1.

(4) OJ L 23, 26.1.2005, p. 3.

(5) OJ L 152, 11.6.2008, p. 1.

(6) COM(2017)0652.

(7) OJ L 12, 18.1.2000, p. 16.

16.10.2020

Official Journal of the European Union

C 345/86

P8_TA(2018)0439

Harnessing globalisation: trade aspects

European Parliament resolution of 25 October 2018 on harnessing globalisation: trade aspects (2018/2005(INI))

(2020/C 345/16)

The European Parliament,

—	having regard to the Commission reflection paper of 10 May 2017 entitled 'Harnessing globalisation' (COM(2017)0240),

—	having regard to the Commission communication of 13 September 2017 entitled 'A balanced and progressive trade policy to harness globalisation' (COM(2017)0492),

—	having regard to the Commission proposal of 13 September 2017 for a Regulation of the European Parliament and of the Council establishing a framework for screening of foreign direct investments into the European Union (COM(2017)0487),

—	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 its resolution of 30 May 2018 entitled 'Annual Report on the implementation of the Common Commercial Policy' (1),

—	having regard to its resolution of 5 July 2016 on a new forward-looking and innovative future strategy for trade and investment (2),

—	having regard to its resolution of 12 December 2017 entitled 'Towards a digital trade strategy' (3),

—	having regard to the Commission report of 13 September 2017 on the implementation of the trade policy strategy trade for all delivering a progressive trade policy to harness globalisation (COM(2017)0491),

—	having regard to the Commission report of 9 November 2017 on implementation of free trade agreements, 1 January 2016 — 31 December 2016 (COM(2017)0654),

—	having regard to the resolution adopted by the UN General Assembly on 25 September 2015, entitled 'Transforming our world: the 2030 Agenda for Sustainable Development',

—

having regard to resolution 26/9 of the UN Human Rights Council adopted on 26 June 2014, and in particular the decision therein '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 guiding principles on human rights impact assessments of trade and investment agreements,

—	having regard to the State of the Union address by the President of the Commission, Jean-Claude Juncker, of 13 September 2017,

—	having regard to its resolution of 12 September 2017 on the impact of international trade and the EU's trade policies on global value chains (4),

—

having regard to Regulation (EU) 2017/2321 of the European Parliament and of the Council of 12 December 2017 amending Regulation (EU) 2016/1036 on protection against dumped imports from countries not members of the European Union and Regulation (EU) 2016/1037 on protection against subsidised imports from countries not members of the European Union (5),

—

having regard to its position at first reading of 16 March 2017 on the proposal for a regulation of the European Parliament and of the Council setting up a system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and gold originating in conflict-affected and high-risk areas (6),

—

having regard to its position at first reading of 4 October 2016 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (7),

—	having regard to its resolution of 25 November 2010 on human rights and social and environmental standards in international trade agreements (8),

—	having regard to its resolution of 25 November 2010 on international trade policy in the context of climate change imperatives (9),

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

—	having regard to the non-paper of the Commission services of 26 February 2018 entitled 'Feedback and way forward on improving the implementation and enforcement of Trade and Sustainable Development chapters in EU Free Trade Agreements',

—	having regard to the Commission staff working document of 14 July 2015 entitled 'Implementing the UN Guiding Principles on Business and Human Rights — State of Play' (SWD(2015)0144),

—	having regard to the OECD Due Diligence Guidance on Responsible Business Conduct published on 31 May 2018,

—	having regard to the Alliance for Torture-Free Trade launched at the UN General Assembly on 18 September 2017,

—	having regard to the opinion of the European Union Agency for Fundamental Rights (FRA) of 10 April 2017 on improving access to remedy in the area of business and human rights at the EU level (1/2017),

—	having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), in particular Article 4(1) thereof, prohibiting slavery and servitude,

—	having regard to the policy paper of the International Monetary Fund, the World Bank and the WTO published on 10 April 2017 entitled 'Making trade an engine of growth for all: the case for trade and for policies to facilitate adjustment',

—	having regard to the OECD key issues paper of June 2017 entitled 'Making globalisation work: better lives for all' (10),

—	having regard to the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects,

—	having regard to the joint communication from the Commission and the European External Action Service entitled 'Towards an EU strategy for international cultural relations' (JOIN(2016)0029),

—	having regard to the EU's General Data Protection Regulation, which has been in force since 25 April 2018 (11),

—	having regard to Articles 10 and 11 of the Charter of Fundamental Rights of the European Union of 2010,

—	having regard to Articles 167, 207, 208 and 218 of the Treaty on the Functioning of the European Union (TFEU),

—	having regard to Rule 52 of its Rules of Procedure,

—	having regard to the report of the Committee on International Trade and the opinions of the Committee on Development, the Committee on Agriculture and Rural Development, the Committee on Culture and Education and the Committee on Legal Affairs (A8-0319/2018),

whereas globalisation is a perpetual process that has created a new set of political, economic and social challenges for the future due to rapid technological advancement, and whereas virtually all sectors will change; whereas the regulatory and legislative framework is lagging behind these developments, putting significant social achievements at stake;

whereas income inequality has remained at historic highs, but whereas the share of world population living in extreme poverty has decreased from 44 % in 1980 to 10 % in 2015; whereas Parliament agrees with the Commission that globalisation poses challenges also because its benefits are spread unequally among people and regions, and whereas unless active steps are taken, there is a risk that globalisation will compound the effect of technological advances and the recent economic crisis and contribute to further widening inequalities and social polarisation;

whereas global trade openness and globalisation have had positive effects, lifting millions of people out of poverty and as such can contribute to the economic growth, prosperity and competitiveness of countries; whereas globalisation also poses challenges and its benefits are spread unequally among people and regions; whereas globalisation should not come at the expense of the environment; whereas EU citizens are increasingly demanding that the Union's trade policy ensure that goods entering the EU market have been produced under decent and sustainable conditions and that, in the changing global context, the EU promote a values-based trade agenda;

whereas values-based 'open and fair trade' and investment policies need a range of effective flanking policies in order to maximise the gains and minimise the losses of trade liberalisation for the EU and for the populations and economies of third countries; whereas the implementation of the UN Sustainable Development Goals (SDGs), aimed at ending poverty and achieving social and environmental progress, should become the benchmark for the success of the Union's trade policy;

whereas protectionism is a simplistic and weak answer to the challenges posed by globalisation; whereas protectionist policies that are not implemented in line with WTO rules will have a domino effect on all, hurting importers, exporters and consumers; whereas fair and ethical trade relations should become the norm in international economic relations;

whereas climate change caused by human activity is leading to an acceleration beyond the worst predictions of the IPCC of the collapse in biodiversity and the medium-term threat to the survival of ecosystems — especially marine ecosystems — by pollution, particularly in connection with the exploitation of hydrocarbons;

whereas the EU has the right to adopt policies on trade in cultural and audiovisual services with the aim of protecting and promoting the diversity of cultural expressions as well as cultural heritage, and contributing to the achievement of Sustainable Development Goal 4 on quality education; whereas these other provisions include the common commercial policy, as defined in Article 207 of the TFEU;

H.	whereas Article 3(3) TEU states that the EU must respect its rich cultural and linguistic diversity and ensure that Europe's cultural heritage is safeguarded and enhanced;

whereas Europe has a rich variety of traditions and strong cultural and creative industries, small and medium-sized enterprises and different systems of public media bodies and public film funding, and whereas the promotion of cultural diversity, access to culture and democratic dialogue must remain a guiding principle, in accordance with the EU international trade approach;

whereas the cultural and creative industries contribute to the creation of decent jobs and to economic prosperity and account for approximately 2,6 % of the EU's GDP, with a higher growth rate than the rest of the economy and representing one of the most resilient sectors during the financial crisis; whereas the development of trade in cultural and creative industry goods and services will constitute an important driver of sustainable economic growth and job creation in Europe;

K.	whereas the General Data Protection Regulation lays down high standards of personal data processing, which require a certain level of responsibility on the part of platforms and streaming services in the regulation of international trade;

whereas the harnessing of globalisation in trade aspects concerning cultural goods implies strict compliance with all international conventions on the protection of cultural heritage, in particular the provisions of the 1954 Hague Convention, the 1970 UNESCO Convention and the 1995 UNIDROIT Convention;

whereas intercultural dialogue fosters respect and mutual understanding, and encourages fairer social and economic exchanges, including trade, helping to develop practices that promote the interests of all parties in a more balanced and respectful way and to fight unfair practices such as abusive clauses and imposed unilateral conditionalities;

Harnessing globalisation

Welcomes the Commission reflection paper on harnessing globalisation and its focus on easing access to the positive effects of globalisation while pointing out the need to counter the negative effects;

Stresses that international trade not only plays a decisive role in economic development and cooperation between countries in the globalised economy, but also has a fundamental influence on peace, socially and ecologically sustainable growth, employment, the eradication of poverty and food insecurity, human rights and the fight against climate change; recognises, therefore, the growing responsibility of the EU to contribute to answering these challenges in its global trade and external relations;

Points out the need to effectively strengthen controls on the trading of dual-use goods, and consequently calls for the implementation of the Union's obligations under the International Arms Trade Treaty;

Taking stock

Notes that through globalisation, countries and economies are becoming increasingly interconnected; notes that this has led to the emergence of international value chains and points out that these value chains restructure the international division of labour as well as the interdependence of countries; recalls that their extremely complex nature, lack of transparency and dilution of liabilities may lead to a higher risk of human and labour rights violations, factual impunity for environmental crimes and large-scale tax avoidance and tax fraud; reiterates the benefits of a common rules and values-based EU trade policy, including on issues such as human rights, working conditions and environmental protection;

Notes that the benefits of globalisation are unequally distributed between regions and within societies, with some regions and sectors profiting to a large extent, while others suffer from structural changes and rising unemployment; notes that this, together with technology shifts such as automation and digitalisation, is a reason for the rising scepticism towards or rejection of globalisation in parts of society; notes that the financial and economic crises affected the distribution of income and aggravated the problem of poverty; takes note that in 2014 the average Gini coefficient of disposable household income reached the highest value on record in the last 30 years but showed a particularly negative trend in modest and mid-range incomes; observes that the middle class has shrunk in many EU Member States, while its share of overall income has equally decreased; expresses the view that the combination of a declining middle class, citizens' fears over losing their social and economic position and scepticism towards globalisation can lead to protectionism, which is a simplistic answer to common fears; notes that in this context, neither nationalist-protectionist nor business-as-usual policies are an adequate response;

Points out that the outlook of a sustainable and thriving domestic future supports the reduction and facilitates the management of illegal migration flows to Europe;

Notes that where the economy fails, democracy also suffers; observes that democracy is now in decline almost everywhere; underlines that citizens are more empowered than ever but that many feel that democracy no longer serves them well; points out that this trend leads to autocratic and undemocratic states successfully weaponising our societies and capitalising on the popular backlash against globalisation;

Notes that the economic importance of China and other Southeast Asian countries is growing significantly; stresses the increasing trade and investment flows within this region; points out that this trend will persist over years to come; notes that this will lead to a relative loss of importance for the present global economic centres of Europe and North America, as well as to new challenges as regards the preservation of a values-based international trade policy; stresses the importance of adapting to these new economic challenges; reiterates, therefore the need to further strengthen the rules and values-based multilateral system; stresses that these developments are likely to compromise European strategic interests;

Notes that globalisation has led to a faster and wider spread of technology and innovation, and that technology can be a key enabler of trade; highlights the fact that the EU has yet not delivered on a digital trade strategy or addressed the benefits that the internet and digital ledger technologies can bring to international trade;

10.

Notes that the Chinese economy is growing significantly and increases its market share at the expense of Europe and North America; notes that China's new Belt and Road Initiative is its attempt at becoming the world's leading economic power; underlines that China's influence, which is not just economic but has strategic and security-related dimensions, is spreading to Europe itself; sees the 'America First' policy as an attempt to confront the downturn of the United States' and that it represents a destructive force for the rules-based world economic order;

11.

Stresses that the transatlantic axis has in recent decades always been a guarantor of global free trade based on values and that it can again assume this role in future; notes in this connection that a transatlantic agreement could provide a new impetus;

12.

Points out that the multilateral world economic order with the WTO at its centre is struggling to incorporate these profound changes, as well as the changing interests of countries in international agreements; notes that increasing protectionism in the United States and beyond, as well as the lack of consideration for the needs and expectations of developing countries in international agreements, weakens the WTO; considers the WTO appellate body to be particularly important for reconciling trade disputes and is gravely concerned by the blocking by the United States of the appointment of members of the body, which undermines the functioning of the WTO; calls on the Commission to show flexibility when it comes to reforming the WTO appellate body but to insist on a two-step settlement mechanism; regrets the lack of integration of the SDGs in the world trade agenda and the failure adequately to take them into account; expresses the view that the needs and expectations of developing countries should be better reflected in international agreements, as well as in the DOHA Development Round;

European policy

13.

Notes that the EU is presented with the challenge of functioning successfully in this changing global economic setting, meaning that it needs to assure its competitiveness while preserving social and environmental standards, increase its cooperation with the rising economies in Southeast Asia as well as India, China and Latin America, and address the increasing arbitrary protectionism of the United States; notes the importance of engaging in the restructuring of the world economic order and respecting the needs of developing countries as well as of the economically and socially deprived in developed countries; stresses that the aims of fulfilling the SDGs and implementing the Paris Agreement must serve as the overarching framework for pursuing this engagement, with policy coherence for development being of utmost importance; underlines that public finance, official development assistance and domestic resource mobilisation are necessary tools for achieving the SDGs;

14.

Stresses the importance of flanking policies to support the positive effects and opportunities provided by globalisation; underlines the need for structured, well-balanced free trade agreements; reiterates its support for the Commission's trade policy and the promotion of trade policy tools and instruments in order to regulate and tackle the challenges of globalisation;

15.

Considers that the European Union offers an appropriate support framework for elaborating progressive rules on trade and investment, encouraging economic cooperation, solidarity between peoples and the fight against climate change; encourages the Union to further develop its initiatives in order to better regulate globalisation through effective support measures;

16.

Notes the difficulties encountered by Member States in dealing on their own with transnational challenges such as migration flows, financial crises, tax evasion, terrorism and climate change; emphasises the shared responsibility and role of regions and cities in harnessing globalisation; notes that the effectiveness of European actions depends on the efforts of Member States';

17.

Points out that disputes between the EU and the US create new challenges for the EU but also generate opportunities to seek new ways to manage, shape and take responsibility for globalisation;

Europe's internal response

18.

Agrees with the Commission that preserving international competitiveness while guaranteeing high social and environmental standards is a prerequisite for a successful European strategy; welcomes the further strengthening of the EU's internal market as well as the consolidation of the economic union through the harmonisation of standards on social protection, wages and standards of living; believes that such harmonisation is vital, as a solid internal market is a prerequisite for the successful implementation of international strategies;

19.

Points out that being internationally competitive depends strongly on successfully shaping automation and digitalisation in a socially and environmentally responsible manner, while preserving the protection of European citizens' private lives; notes that new technologies, especially blockchain, will transform the nature of international trade; notes the importance of achieving our climate policy goals and that the shift to renewable energies needs to happen as soon as possible; is of the view that the EU urgently needs to develop a real and effective industrial strategy with a view to reducing external vulnerabilities while fostering the transition to a low-carbon economy; considers that the opportunities and challenges that globalisation entails, as well as recent actions by certain third countries, should be met with an EU trade policy that favours open and fair trade with transparent rules and a strong multilateral system within the WTO;

20.

Points out that in accordance with Article 12 TFEU, which recognises that consumer protection requirements must be taken into account in defining and implementing other Union policies and activities, a dedicated chapter on consumer protection could contribute to achieving a high level of consumer protection by means of legal safeguards, for instance on the right to regulate and the precautionary principle, but could also deliver tangible benefits to consumers and foster consumer trust, including in online services, promote sustainable consumption, integrate the consumer interest in the implementation of whole trade agreements and contribute to the effective enforcement of consumer law, including in cross-border situations;

21.

Points out the need to ensure a more level playing field for SMEs; asks the Commission to create a European trade strategy for SMEs in order to integrate SMEs into international value chains and overcome trade-specific hurdles such as non-tariff barriers; points out that access to information is one of the biggest obstacles to market participation for SMEs, meaning that transparency and support need to increase; demands that the Commission develop instruments in this context to facilitate the handling of rules of origin and the use of preferences for SMEs; points out the large potential of unused preferences and demands that the Commission set ambitious targets for increasing utilisation rates; notes the importance of SMEs for the achievement of the SDGs; calls for the inclusion of dedicated chapters in trade agreements on the needs and interests of SMEs, especially with regard to market access facilitation;

22.

Notes that effective trade defence instruments are needed, welcomes the recent reform of trade defence instruments, which must be effectively and proportionately implemented in order to protect industries and jobs from dumped and unfairly subsidised imports; affirms that trade defence instruments should not be used for protectionist purposes; supports the measures put in place by the Commission following the imposition of steel and aluminium tariffs by the US; points out that rules on investment screening need to be put in place as soon as possible in order to prevent foreign investments that are merely motivated by industrial policy and serve to acquire European technologies; recalls the need for a strong International Procurement Instrument; welcomes the bold steps taken in integrating the dimension of social and environmental dumping into those instruments and calls on the Commission to continue developing solid methods in order to fully take those dimensions into account, including with regard to social and environmental standards applicable in exporting countries;

23.

Notes that, as a response to globalisation-induced job losses, Member States need to strengthen their labour market policies and their offer of training; notes, however, that a reform of the European Globalisation Adjustment Fund (EGF) is needed in order to meet the new challenges of globalisation, including a reform of the preconditions for receiving support; stresses that the EGF must become a more proactive tool aimed at preparing workers and companies to fight the negative impacts of globalisation; notes that smaller enterprises must have access to EGF funding; points out that the scope of the EGF should be widened to include other policy-induced adjustments and that it needs an adequate budget as well as an appropriate monitoring and evaluation mechanism;

24.

Recognises the positive steps undertaken by the Commission to increase transparency in free trade agreements (FTAs); calls on the Commission to meet scepticism towards globalisation by means of further strengthening transparency in trade agreements, improving the monitoring of EU rules and legislation, and increasing inclusiveness for citizens; calls on the Commission to conduct negotiations in full transparency, through constant dialogue with the European Parliament, national parliaments, social partners and civil society; calls on the Council to inform and involve national parliaments and civil society before the approval of negotiating mandates and during negotiations; regrets that the Council decided, in its conclusions of 22 May 2018, to maintain the status quo by deciding to publish the negotiating directives of EU FTAs on a case by case basis; calls on the Council to make all negotiating mandates public;

25.

Stresses the need for more global governance and rules in order to better harness globalisation; underlines the importance of supportive domestic policies to boost the EU's competitiveness and resilience;

26.

Points out that EU agri-food products meet the highest standards in the world; asks the Commission to ensure that imported agricultural products meet EU standards and to strengthen checks on imported agri-food products at their place of origin and upon their arrival in the EU;

27.

Recalls the importance of efficient implementation of trade agreements concluded in order to ensure that our farmers can benefit to the full extent from the export opportunities provided by these agreements, such as the EU-Canada Comprehensive Economic and Trade Agreement (CETA);

28.

Highlights the need to develop new trade rules and regulations at a global level in order to regulate and harmonise production, social and environmental standards in the agri-food sector;

29.

Welcomes the EU trade agreement with Japan, the EU's fourth biggest agriculture export market, which will provide good export opportunities for many EU agri-products, such as dairy products;

30.

Stresses the importance, firstly, of including effective and readily available bilateral safeguard clauses allowing the temporary suspension of preferences if, as a result of the entry into force of the trade agreement, an increase in imports were to seriously damage — or risked seriously damaging — sensitive sectors and, secondly, of revising the existing multilateral safeguard mechanisms set out in Regulation (EU) No 1308/2013 (Single CMO Regulation) (12), which should play a preventive role for sensitive sectors on the basis of reference volume and price thresholds allowing the automatic triggering with suspensive effect of the safeguard mechanisms where these thresholds have been reached;

31.

Highlights the strategic importance for the EU of maintaining a high level of food self-sufficiency; takes the view that the globalisation of trade should not jeopardise the viability of EU agri-food producers, since in the long term this could lead to the kind of external dependence already seen in the energy sector;

32.

Notes that the Commission reflection paper on harnessing globalization is the first such paper to mention the importance of enhancing animal welfare standards through the EU trade and investment agenda; welcomes the willingness expressed by the Commission to work towards enhanced global governance in the field; calls on the Commission to expressly include animal welfare in its next trade policy strategy and to use the review clauses in existing FTAs to further improve animal welfare provisions; calls on the Commission to ensure trade preferences are conditional upon compliance with EU animal welfare standards, guaranteeing a more level playing field and respecting the wishes of most EU citizens; calls on the Commission to recognise the important role higher animal welfare standards can play in achieving several SDGs, notably on health in connection with antimicrobial resistance, and on climate change;

33.

Stresses that culture and education, including lifelong learning, are common goods, that access to culture and education is a human right and that culture and education can therefore not be considered or managed in the same way as a discretionary good or service, but rather as commons to preserve and continually improve; calls, therefore, for cultural, audiovisual and educational services, including those provided online, to be clearly excluded in trade agreements between the Union and third countries, such as the Transatlantic Trade and Investment Partnership (TTIP) with the United States;

34.

Insists therefore on the key role played by the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions among international trade treaties, which must take into account and respect the relevant provisions thereof;

35.

Considers that it is essential to balance trade negotiations concerning copyrights in order to ensure that they are not negotiated down to the lowest common denominator but aim to secure the best possible rules for protecting cultural heritage, promoting cultural diversity and ensuring an income for those working in culture and the media, that they favour and enhance creativity, the dissemination of knowledge and content as well as users' rights in the digital age, and that they constitute an open, rules-based trade environment, which is essential for the European Union's cultural and creative industries to prosper;

36.

Reiterates its call for the EU to exercise its right to adopt or maintain measures (in particular of a regulatory and/or financial nature), including a legally binding general clause with respect to the protection and promotion of cultural and linguistic diversity, cultural heritage, freedom of expression, media pluralism and media freedom, irrespective of the technology or distribution platform used, in trade negotiations with third countries;

37.

Recognises data protection as a fundamental right in the European Union; calls for high standards of data protection in trade agreements to be guaranteed through a so-called mutual adequacy decision between the European Union and non-EU countries;

38.

Stresses the importance of further promoting the European Union's schemes of geographical indications and traditional specialities and of continuing to conclude the relevant bilateral agreements with third countries;

39.

Welcomes the Council's recent mandate given to the Commission to negotiate, on behalf of the European Union, a Convention establishing a multilateral court for the settlement of investment disputes (MIC) in order to address the limitations of the existing Investor-State Dispute Settlement system; notes that the MIC will serve as a permanent body to settle investment disputes and will represent a more transparent, coherent and fair system, which will be extremely beneficial for investors; further welcomes, in this context, the fact that the Council has also decided to make the negotiation directives publicly available, which was a longstanding request by Parliament in its efforts to push for more transparency in the field of international negotiations;

Europe's external response

40.

Calls on the Commission to make the SDGs and the Paris Agreement the guiding principles of EU trade policy; notes that in order to do so, reforms that were mentioned in the 'Trade for all' strategy are not sufficient; calls on the Commission to consider sustainability as an overarching principle for all trade agreements, including through sustainability-related obligations in every chapter, and to include a specific chapter which contributes to supporting and promoting international conventions on social, labour and human rights, and multilateral environmental agreements; notes that the application of these binding and enforceable provisions must be appropriately monitored in order to launch government consultation procedures and trigger the special dispute resolution mechanisms, if needed, as established within the framework of Trade and Sustainable Development (TSD) chapter; calls on the Council and the Commission to be more ambitious when negotiating with industrialised partner countries regarding the ILO conventions to be referenced in the agreement;

41.

Calls on the Commission to include solid and comprehensive sustainable development chapters in FTAs in order to support international trade; welcomes the Commission's 15-point plan to make EU trade and sustainable development chapters more effective;

42.

Notes the importance of a balanced and progressive trade policy in meeting the challenges of globalisation through balanced FTAs already concluded or still under negotiation, for example with Canada, Japan, Singapore, Australia, New Zealand, Vietnam and Mexico;

43.

Asks the Commission to pursue an ambitious trade policy and maintain an open investment environment; adds that the ratification of concluded and signed trade agreements should take place swiftly in order to uphold commitments to our partners;

44.

Calls on the Commission to include rules relating to digital trade in EU FTAs, including cross-border data flows, in order to demonstrate that trade in digital goods and services can bring real benefit to businesses and consumers;

45.

Congratulates the Commission for its decision to establish the new EU Fair and Ethical Trade City Award;

46.

Calls on the Commission to assess how distributed ledger technologies (DLTs) and blockchain can be used to enhance international trade, and address issues such as transparency and flexibility, and tackle counterfeiting;

47.

Underlines that the UN's 2030 Agenda for Sustainable Development and the Paris Agreement on climate change provide the benchmarks against which to measure the contribution of EU trade policy to agreed global sustainable development goals; notes that impact assessments conducted before the start of negotiations must take the fulfilment of the SDGs into account; notes that national sustainability strategies and implementation plans for the Paris Agreement must be one of the essential points for impact assessments; points out that trade agreements and their possible impacts should respond to the demands of the SDGs; urges the Commission in its future reports on the implementation of free trade agreements to provide an evaluation, including data, of their impact on the fulfilment of the SDGs and the Paris Agreement; notes that if parts of an agreement hamper the fulfilment of the SDGs or the Paris Agreement, adjustments must be made;

48.

Notes that the Commission's system on implementing policy coherence for development should be brought in line with SDG 17; points out that the reciprocal effects of policy areas such as trade, agriculture, external policy, fisheries, environment and tax must be evaluated coherently between civil society, the Commission and national parliaments; notes that breaches of sustainability provisions must be counterweighted by corrective measures; calls for a policy coherence for development (PCD) assessment, in line with the provisions of the Lisbon Treaty on trade-related legislative proposals; notes that responsible business conduct and the responsible management of global value chains are essential for achieving the SDGs and that the 2030 Agenda emphasises that there is an urgent need for an EU action plan on responsible business conduct that would foster policy coherence and consistency at EU level;

49.

Points out that the ratification and implementation of the ILO's core labour standards must be a priority for the implementation of any FTA; notes that organised civil society and social partners should be included in the formative stages of agreements, the implementation phase and the monitoring phase after implementation via bilateral meetings with the negotiating partners; notes that an effective and workable dispute settlement mechanism should be put in place as well as effective monitoring bodies which involve civil society;

50.

Notes that the EU has regulated the supply chains of timber, fish and conflict minerals and that several Member States have developed due diligence frameworks in different sectors, showing the need to develop a broad framework in order to ensure a level playing field; asks the Commission therefore to meet the growing complexity of value chains and the increasing interdependence of producers with clear transparency and due diligence obligations for the whole supply chain, since the weak enforcement of existing labour laws and occupational safety standards in sourcing countries remains a pressing issue; calls on the Commission to build on existing EU legislation in the area of conflict minerals and timber as well as the recently published OECD Due Diligence Guidance on Responsible Business Conduct; notes that global value chains (GVCs) have also led some supplier firms to ignore labour laws, relocate outside the EU and engage workers in unsafe and unacceptable conditions; recalls that these practices create unfair competition for suppliers that are compliant with labour laws and international standards, and for governments that want to improve wages and living standards; stresses the importance of decent wage levels and decent standards of safety at work for a sustainable global trading system and new GVCs; calls on the Commission to study the impact of the rise of GVCs and to present concrete proposals to improve conditions within them and to work towards a multilateral and legally binding framework for corporate accountability and responsible business conduct with regard to decent work, environmental sustainability and respect for human rights, in close cooperation with the ILO and the OECD; recognises that for the EU to pursue such a binding framework in multilateral negotiations is preferable to unilaterally imposing major rules; calls for the EU and the Member States to show leadership and step up their engagement in deliberations at the UN regarding a binding treaty on business and human rights; calls on the Commission to commit, in accordance with the four strategic objectives of the ILO Decent Work Agenda, to respecting, promoting and realising international labour standards and the fundamental principles and rights of workers;

51.

Points out that active measures aiming to enhance opportunities for women to benefit from the opportunities provided by FTAs are necessary in order to reach the goal of gender equality; calls for trade agreements to include a specific chapter on trade and gender equality and women's empowerment, providing for measures aimed at, inter alia, better work-family life balance and access to social and health services, to pursue the enhanced participation of enterprises led by women (particularly micro-enterprises and SMEs) in public procurement, to support the internationalisation of enterprises led by women and the participation of women in Mode 4 opportunities;

52.

Notes that, in view of attacks on the multilateral world economic order, it is vitally important to preserve this order, as any backsliding into protectionism would be damaging and would lead to trade war; notes that the multilateral order can only be upheld if it is reformed; is of the view that, in order to preserve this order, the UN 2030 Agenda and the Paris Agreement on climate change should be better integrated therein; calls on the Commission to actively engage in unblocking the appellate body of the WTO and asks the Commission to promote international cooperation on fighting unfair competition and protectionism, which are detrimental to both businesses and citizens; notes that open and fair trade that fulfils the SDGs and provides room for the needs of developing countries, as referenced in the 'Trade for all' strategy, should be the EU's primary objective; notes that, since multilateral initiatives currently bear little chance of success, the EU should in the meantime strive for bilateral and plurilateral agreements, in which fair trade is one of the guiding principles, but considers that the current situation provides the EU with the opportunity to show strong leadership in reforming the multilateral trade order in a sustainable and viable manner;

53.

Notes that open, fair and sustainable trade is economically desirable and has vital political implications; notes that in light of the 'America First' policy, as well as the new Belt and Road Initiative, it is of vital strategic importance for the EU to use trade as an instrument for the promotion of democratic and sustainable development as well as to strengthen dialogue and technical assistance, especially in the states of the Eastern Partnership and with its African partners; points out that trade and investments in partner countries need to be interlinked with strategies for sustainable development; calls on the Commission to push for coherent implementation of the Association Agreements with the states of the Eastern Partnership; calls on the Commission to develop in the medium term a strategy with a view to building stable relations with the Commonwealth of Independent States (CIS); notes that in the implementation of Economic Partnership Agreements (EPAs) with the African regions and states, trade is not the only important aspect but that interlinking them with the requirements of sustainable development in the African states is vital; asks the Commission to work on increasing the capacity of governments to incorporate issues linked to sustainable and inclusive economic development into their national trade strategies and programmes; recalls the importance for the EU of deepening its cooperation with international organisations such as the UN, ILO, OECD, and World Bank on trade matters, in view of the challenges of globalisation; deplores in this context the fact that the Union and most Member States have failed to reach the target of 0,7 % of GNI for the financing of development cooperation;

54.

Stresses that global trade governance should enable trade integration that creates real opportunities for sustainable development; points out, in this context, that the current special and differential treatment (SDT) architecture in the WTO is failing to deliver the expected results; stresses the need to make the SDT provisions more effective and operational for developing countries;

55.

Highlights the fact that trade agreements can negatively impact food security in developing countries; calls for the EU to protect local food production and prevent harmful effects of cheap imports, including in the remit of EPAs;

56.

Deplores the fact that at least 218 million children are exploited as child labour, mainly with the aim of reducing costs; calls for the EU to ensure that goods circulated in the EU under ethical certification schemes are free from forced and child labour, to guarantee the reliable use of the labels fair and ethical, and help consumers make informed choices;

57.

Notes that only one comprehensive EPA has been concluded until now; calls therefore for the EU to acknowledge the EPA-related difficulties encountered by developing countries in the post-Cotonou process; stresses, in particular, the need to conduct an in-depth analysis on their impact on African economies and their respective labour markets, and for the promotion of intra-regional trade in Africa;

58.

Deplores the fact that, each year, a sum exceeding the total annual ODA is drained out of Africa in the form of illicit financial flows; highlights the damaging impact of tax evasion on developing countries, which are deprived in this way of substantial amounts of public money that could be used, for example, not only to improve economic growth, environmental protection and public services but also to promote social cohesion; calls on the Commission, in negotiating trade agreements, to prioritise combating this serious problem, using all the tools at its disposal; insists on the inclusion of strong provisions to tackle tax evasion and avoidance in EU FTAs and preferential trade regimes;

59.

Reiterates its call to create effective tools to combat tax evasion and avoidance globally and to enhance cooperation on tax matters with developing countries, including mobilisation of domestic resources;

60.

Recalls the need to establish a UN intergovernmental body to engage on an equal footing with developing countries in the reform of global tax rules;

61.

Strongly supports the further mainstreaming of digital technologies and services in the EU's development policy; calls on the Commission to increase investment in developing digital infrastructure in the Global South;

62.

Welcomes the EU's external investment plan with the aim of fostering sustainable growth, investment and job creation within developing countries; calls for the current EIB external lending mandate to be expanded to increase its role in achieving sustainable development — through blending, co-financing of projects and local private sector development — with a focus on least-developed countries and fragile states;

63.

Welcomes the Commission's 'Aid for Trade' updated 2017 strategy aimed at strengthening and modernising EU support to developing countries; calls for more efforts and increased EU financial commitment to Aid for Trade initiatives in order to help developing countries, especially LDCs, achieve prosperity through trade and investments, and to support their actions towards realising the SDGs;

o o

64.

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

(1) Texts adopted P8_TA(2018)0230.

(2) OJ C 101, 16.3.2018, p. 30.

(3) OJ C 369, 11.10.2018, p. 22.

(4) OJ C 337, 20.9.2018, p. 33.

(5) OJ L 338, 19.12.2017, p. 1.

(6) OJ C 263, 25.07.2018, p. 371.

(7) OJ C 215, 19.6.2018, p. 261.

(8) OJ C 99 E, 3.4.2012, p. 31.

(9) OJ C 99 E, 3.4.2012, p. 94.

(10) OECD, C/MIN(2017)2.

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

(12) OJ L 347, 20.12.2013, p. 671.

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Tuesday 23 October 2018

16.10.2020

Official Journal of the European Union

C 345/98

P8_TA(2018)0385

Consultation on the privileges and immunities of Alfonso Luigi Marra

European Parliament decision of 23 October 2018 on the request for consultation on the privileges and immunities of Alfonso Luigi Marra (2018/2058(IMM))

(2020/C 345/17)

The European Parliament,

—

having regard to the requests for consultation on the privileges and immunities of Alfonso Luigi Marra, forwarded on 7 March 2018 by the Court of Appeal (Corte d'Appello) of Naples (Italy) in connection with legal proceedings instituted against him (Ref. Nos 4831/2015 RG and 4832/2015 RG respectively) and announced in plenary on 17 April 2018,

—	having heard Alfonso Luigi Marra in accordance with Rule 9(6) of its Rules of Procedure,

—	having regard to Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union, and 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 its resolution of 11 June 2002 on the immunity of Italian Members and the Italian authorities' practices on the subject (2),

—	having regard to Rule 5(2) and Rule 9(14) of its Rules of Procedure,

—	having regard to the report of the Committee on Legal Affairs (A8-0325/2018),

A.	whereas Alfonso Luigi Marra served as a Member of the European Parliament from 21 July 1994 to 19 July 1999;

whereas two sets of legal proceedings were instituted against Mr Marra in connection with allegedly defamatory statements he had made in a leaflet dated 19 September 1996, i.e. when he was a Member of the European Parliament; whereas Mr Marra was ordered to pay compensation to the injured parties both by the court of first instance (judgments of 17 and 22 February 2000) and the court of second instance (judgments of 6 March 2002); whereas at the request of Mr Marra, by decisions of 20 February 2007 the Italian Supreme Court (Corte di Cassazione) referred the matter to the Court of Justice for preliminary rulings on the interpretation of the Community rules on the immunity of Members of the European Parliament;

whereas, in the meantime, Parliament had adopted its resolution of 11 June 2002 on the immunity of Italian Members in Italy and the Italian authorities' practices on the subject; whereas on that occasion Parliament considered that the case of Alfonso Luigi Marra raised a prima facie case of absolute immunity, that the competent courts should be put on notice to transmit to Parliament the documentation necessary to establish whether the cases in question involve absolute immunity under Article 8 of Protocol No 7 and that the competent courts should be invited to stay proceedings pending a final determination by Parliament; whereas it was apparent from the orders for reference to the Court of Justice that that resolution had not reached the Italian courts;

whereas, in the context of the abovementioned reference for preliminary rulings, the Court of Justice held that where an action has been brought against a Member of the European Parliament before a national court and that court is informed that a procedure for defence of the privileges and immunities of that Member, as provided for in Parliament's Rules of Procedure, has been initiated, that court must stay the judicial proceedings and request the Parliament to issue its opinion as soon as possible (3);

whereas, following the ruling of the Court of Justice, by judgments of 10 December 2009 the Italian Supreme Court referred the matter back to the Court of Appeal of Naples in order for the latter to take a decision on Mr Marra's case in the light of both Parliament's resolution of 11 June 2002 and the relevant case law of the Court of Justice; whereas by judgments of 5 December 2012 the Court of Appeal, without staying the proceedings and requesting Parliament's opinion, confirmed its previous judgments, by which Mr Marra had been ordered to pay compensation to the injured parties; whereas by judgments of 30 April 2015 the Italian Supreme Court quashed the decisions of the Court of Appeal and referred the matter back to it so that it could stay the proceedings and request Parliament's opinion; whereas the Court of Appeal of Naples did indeed decide to stay the proceedings and, by letter of 27 January 2018, to consult the European Parliament on the privileges and immunities of Alfonso Luigi Marra;

whereas Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union are mutually exclusive (4); whereas the case at hand only concerns allegedly discriminatory opinions expressed by a Member of the European Parliament; whereas the applicability of Article 8 alone is therefore self-explanatory;

whereas under Article 8 of Protocol No 7, 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; whereas such immunity must, to the extent that it seeks to protect the freedom of expression and independence of Members of the European Parliament, be considered as an absolute immunity barring any judicial proceedings in respect of an opinion expressed or a vote cast in the exercise of parliamentary duties (5);

whereas the Court of Justice has held that, in order to enjoy immunity, an opinion must be expressed by a Member of the European Parliament 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 (6); whereas even though the allegedly defamatory statements were made between 1996 and 2001 before the judgment of 2011 in Case Patriciello, the fact remains that the Italian courts sought the opinion of the Committee on Legal Affairs in 2018, which is to say after that case law was established;

I.	whereas the facts of the case, as laid out in the documents provided to the Committee on Legal Affairs and in the hearing before it, indicate that Mr Marra's statements do not have a direct and obvious connection with his parliamentary duties;

J.	whereas Alfonso Luigi Marra cannot therefore be deemed to have been acting in the performance of his duties as a Member of the European Parliament in relation to the opinions expressed by him in the case at hand;

Considers that the opinions expressed by Alfonso Luigi Marra are not covered by parliamentary immunity within the meaning of Article 8 of Protocol No 7;

Instructs its President to forward this decision and the report of its committee responsible immediately to the competent authority of the Italian Republic and to Alfonso Luigi Marra.

(1) Judgment of the Court of Justice of 12 May 1964, Wagner vFohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot vFaure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote vParliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra vDe 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 vParliament, 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 vParliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.

(2) OJ C 261 E, 30.10.2003, p. 102.

(3) Joined Cases C-200/07 and C-201/07 Marra, cited above, paragraph 43.

(4) Joined Cases C-200/07 and C-201/07 Marra, cited above, paragraph 45.

(5) Joined Cases C-200/07 and C-201/07 Marra, cited above, paragraph 27.

(6) Case C-163/10 Patriciello, cited above, paragraphs 33 and 35.

16.10.2020

Official Journal of the European Union

C 345/101

P8_TA(2018)0386

Request for the waiver of the immunity of Manolis Kefalogiannis

European Parliament decision of 23 October 2018 on the request for waiver of the immunity of Manolis Kefalogiannis (2017/2133(IMM))

(2020/C 345/18)

The European Parliament,

—	having regard to the request for waiver of the immunity of Manolis Kefalogiannis forwarded on 31 May 2017 by the Public Prosecutor of the Supreme Court of the Hellenic Republic, in connection with procedure No ABM:EOE 20/2017 and announced in plenary on 3 July 2017,

—	having heard Manolis Kefalogiannis in accordance with Rule 9(6) of its Rules of Procedure,

—	having also heard Kristian Knudsen, acting Director-General of the Directorate-General for Personnel of the European Parliament,

—	having held an exchange of views with the Deputy Public Prosecutor against Economic Crime of the Hellenic Republic,

—	having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and 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 62 of the Constitution of the Hellenic Republic,

—	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 (A8-0333/2018),

A.	whereas the Deputy Public Prosecutor of the Supreme Court of the Hellenic Republic has requested that the parliamentary immunity of a Member of the European Parliament, Manolis Kefalogiannis, be waived in order to initiate criminal proceedings against him for two alleged offences;

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;

C.	whereas, pursuant to Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Members of the European Parliament enjoy, in the territory of their own State, the immunities accorded to members of their national parliament;

D.	whereas, in accordance with Article 62 of the Constitution of the Hellenic Republic, no Member of Parliament may be prosecuted, arrested, imprisoned or subjected to other measures involving deprivation of liberty during their term of office without the authorisation of the Chamber of Deputies;

E.	whereas the request of the Deputy Public Prosecutor of the Supreme Court of the Hellenic Republic relates to proceedings concerning alleged offences under Article 385(1)(b) of the Greek Criminal Code and Article 4 of Law No 2803/2000, which concern extortion with threat and fraud respectively;

whereas Manolis Kefalogiannis is alleged to have attempted to commit fraud affecting the financial interests of the European Union, resulting in a loss of more than EUR 73 000, for attempting to illegally misappropriate part of his assistant's salary by an amount of EUR 4 240 per month between July 2014 and the end of 2016;

whereas, pursuant to Rule 9(8) of the Rules of Procedure, the Committee on Legal Affairs shall not, under any circumstances, pronounce on the guilt or otherwise of the Member, nor on whether or not the opinions or acts attributed to him justify prosecution, even if, in considering the request, the Committee acquires detailed knowledge of the facts of the case;

H.	whereas it is also not for the European Parliament to take a stance on the guilt or otherwise of the Member or whether the acts attributed to the Member warrant the opening of criminal proceedings, nor to pronounce itself on the relative merits of national legal and judicial systems;

I.	whereas in accordance with Rule 5(2) of the Rules of Procedure of the European Parliament, parliamentary immunity is not a Member's personal privilege but a guarantee of the independence of Parliament as a whole and of its Members;

J.	whereas the purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties;

whereas, where the procedure in question does not concern opinions or votes delivered by a Member within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union, immunity should be waived, unless it appears that the underlying intention of the judicial procedure may be to harm the Member's political activity or reputation and thus the independence of Parliament (fumus persecutionis);

whereas any conclusion needs to be drawn on the basis of the information and explanations provided in this case, including the replies given by the Deputy Public Prosecutor against Economic Crime of the Hellenic Republic during the exchange of views conducted with him, and given the circumstances in which the case against Manolis Kefalogiannis was dealt with by the authorities involved, the uncertainties as to the elements on which the request for waiver of immunity is based and the serious doubts surrounding the proceedings, including the reasons underlying the request for waiver of immunity;

M.	whereas this therefore appears to be a case in which fumus persecutionis can be assumed to be present;

N.	whereas the immunity of Manolis Kefalogiannis should therefore not be waived;

Decides not to waive the immunity of Manolis Kefalogiannis;

Instructs its President to forward this decision and the report of its committee responsible immediately to the Public Prosecutor of the Supreme Court of the Hellenic Republic and to Manolis Kefalogiannis.

(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, T346/11 and T-347/11, ECLI:EU:T:2013:23.

16.10.2020

Official Journal of the European Union

C 345/103

P8_TA(2018)0387

Electronic publication of the Official Journal of the European Union ***

European Parliament legislative resolution of 23 October 2018 on the draft Council regulation amending Regulation (EU) No 216/2013 on the electronic publication of the Official Journal of the European Union (14463/2017 — C8-0412/2018 — 2017/0039(APP))

(Special legislative procedure — consent)

(2020/C 345/19)

The European Parliament,

—	having regard to the draft Council regulation (14463/2017),

—	having regard to the request for consent submitted by the Council in accordance with Article 352 of the Treaty on the Functioning of the European Union (C8-0412/2018),

—	having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

—	having regard to Rule 99(1) and (4) and Rule 39 of its Rules of Procedure,

—	having regard to the recommendation of the Committee on Legal Affairs (A8-0323/2018),

Gives its consent to the draft Council regulation;

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

Wednesday 24 October 2018

16.10.2020

Official Journal of the European Union

C 345/104

P8_TA(2018)0401

Request for waiver of the immunity of Steeve Briois

European Parliament decision of 24 October 2018 on the request for waiver of the immunity of Steeve Briois (2018/2075(IMM))

(2020/C 345/20)

The European Parliament,

—

having regard to the request for waiver of the immunity of Steeve Briois forwarded on 21 February 2018 by the Minister of Justice of the French Republic in connection with a judicial inquiry (B-49 2018/00242) opened against Steeve Briois at the Nanterre Regional Court in response to an application with joinder filed by the 'Maison des Potes — Maison de l'Égalité' association on grounds of public incitement to racial or religious discrimination and announced in plenary on 28 May 2018,

—	having heard Steeve Briois 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 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 26 of the Constitution of the French Republic, as amended by Constitutional Law No 95-880 of 4 August 1995,

—	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 (A8-0349/2018),

A.	whereas the Public Prosecutor at the Versailles Court of Appeal has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Steeve Briois, in connection with a legal action concerning an alleged offence;

whereas the waiver of immunity of Steeve Briois relates to an alleged offence of public incitement to discrimination on grounds of nationality, race or religion by word of mouth, in written form or by means of images or electronic public communication by a person or persons unknown, an offence provided for in French law, namely in Article 24, paragraph 8, Article 23, paragraph 1, and Article 42 of the Law of 29 July 1881 and Article 93-3 of Law No 82-652 of 29 July 1982, the penalties for which are laid down in Article 24, paragraphs 8, 10, 11 and 12 of the Law of 29 July 1881 and Article 121-7 of the French Criminal Code;

C.	whereas the judicial inquiry against Steeve Briois was opened in response to a civil action brought on 22 May 2014 by the 'Maison des Potes — Maison de l'Égalité';

whereas the complaint concerned statements made in a brochure entitled 'Handbook for Front National local councillors', published on 19 September 2013 and posted on the official website of the Front National federation on 30 November 2013, that encouraged any National Front candidates elected to the post of local councillor in the elections held on 23 and 30 March 2014 to recommend, at the first sitting of their new local council, that priority should be given to French people ('priorité nationale') when allocating social housing;

E.	whereas French law might attribute criminal liability not only to the material author of a publication;

F.	whereas the investigators were informed in the course of the investigation by the Front National's then publications director that the contested handbook had been drawn up by the services of the general secretariat; whereas Steeve Briois was at the time general-secretary;

G.	whereas with a view to carrying out the initial questioning of Steeve Briois in connection with the charges brought against him, the competent authorities made an application for his immunity to be waived;

H.	whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State;

I.	whereas Article 26 of the French Constitution provides that no Member of the French Parliament shall be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the performance of his official duties;

whereas the scope of immunity accorded to Members of the French Parliament corresponds in fact to the scope of immunity accorded to Members of the European Parliament under Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union; 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 link must be direct and obvious;

K.	whereas Steeve Briois was not a Member of the European Parliament when the alleged offence took place, namely on 19 September and 30 November 2013, but the allegedly offensive materials were still available for consultation by anyone wishing to access them on 23 June and 2 October 2014;

whereas the charges are manifestly unrelated to the position of Steeve Briois as a Member of the European Parliament and concern instead activities of a national or regional nature, given that the statements were made to prospective local council members with a view to the local elections to be held on 23 and 30 March 2014;

M.	whereas the alleged actions do not relate to opinions expressed or votes cast by the Member of the European Parliament in the performance of his duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

whereas there is no reason to suspect that the intention underlying the legal proceedings, which were opened following an application by the 'Maison des Potes — Maison de l'Égalité' association and submitted before the Member assumed his seat in the European Parliament, is to obstruct the parliamentary work of Steeve Briois (fumus persecutionis);

Decides to waive the immunity of Steeve Briois;

Instructs its President to forward this decision and the report of its committee responsible immediately to the Minister of Justice of the French Republic and to Steeve Briois.

(1) Judgment of the Court of Justice of 12 May 1964, Wagner vFohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot vFaure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote vParliament, 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 vParliament, 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 vParliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.

16.10.2020

Official Journal of the European Union

C 345/106

P8_TA(2018)0402

Request for waiver of the immunity of Sophie Montel

European Parliament decision of 24 October 2018 on the request for waiver of the immunity of Sophie Montel (2018/2076(IMM))

(2020/C 345/21)

The European Parliament,

—

having regard to the request for waiver of the immunity of Sophie Montel forwarded on 21 February 2018 by the Minister of Justice of the French Republic in connection with a judicial inquiry (B-49 2018/00243) opened against Sophie Montel at the Nanterre Regional Court in response to an application with joinder filed by the 'Maison des Potes — Maison de l' Égalité' association on grounds of public incitement to racial or religious discrimination and announced in plenary on 28 May 2018,

—	having heard Sophie Montel 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 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 26 of the Constitution of the French Republic, as amended by Constitutional Law No 95-880 of 4 August 1995,

—	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 (A8-0350/2018),

A.	whereas the Public Prosecutor at the Versailles Court of Appeal has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Sophie Montel, in connection with a legal action concerning an alleged offence;

whereas the waiver of immunity of Sophie Montel relates to an alleged offence of public incitement to discrimination on grounds of nationality, race or religion by word of mouth, in written form or by means of images or electronic public communication by a person or persons unknown, an offence provided for in French law, namely in Article 24, paragraph 8, Article 23, paragraph 1, and Article 42 of the Law of 29 July 1881 and Article 93-3 of Law No 82-652 of 29 July 1982, the penalties for which are laid down in Article 24, paragraphs 8, 10, 11 and 12 of the Law of 29 July 1881 and Article 121-7 of the French Criminal Code;

C.	whereas the judicial inquiry against Sophie Montel was opened in response to the civil action brought on 22 May 2014 by the 'Maison des Potes — Maison de l'Égalité';

E.	whereas French law might attribute criminal liability not only to the material author of a publication;

whereas the investigators were informed in the course of the investigation by the Front National's then publications director that the contested handbook had been drawn up by the services of the general secretariat; whereas Sophie Montel was at the time responsible for coordinating elected representatives in that general secretariat;

G.	whereas with a view to carrying out the initial questioning of Sophie Montel in connection with the charges brought against her, the competent authorities made an application for her immunity to be waived;

H.	whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State;

I.	whereas Article 26 of the French Constitution provides that no Member of the French Parliament shall be prosecuted, investigated, arrested, detained or tried in respect of opinions expressed or votes cast in the performance of his official duties;

K.	whereas Sophie Montel was not a Member of the European Parliament when the alleged offence took place, namely on 19 September and 30 November 2013, but the allegedly offensive materials were still available for consultation by anyone wishing to access them on 23 June and 2 October 2014;

whereas the charges are manifestly unrelated to the position of Sophie Montel as a Member of the European Parliament and concern instead activities of a national or regional nature, given that the statements relate to prospective local council members with a view to the local elections to be held on 23 and 30 March 2014;

M.	whereas the alleged actions do not relate to opinions expressed or votes cast by the Member of the European Parliament in the performance of her duties within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

whereas there is no reason to suspect that the intention underlying the legal proceedings, which were opened following an application by the 'Maison des Potes — Maison de l'Égalité' association and submitted before the Member assumed her seat in the European Parliament, is to obstruct the parliamentary work of Sophie Montel (fumus persecutionis);

Decides to waive the immunity of Sophie Montel;

Instructs its President to forward this decision and the report of its committee responsible immediately to the Minister of Justice of the French Republic and to Sophie Montel.

(1) Judgment of the Court of Justice of 12 May 1964, Wagner vFohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot vFaure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote vParliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra vDe 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 vParliament, 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 vParliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.

16.10.2020

Official Journal of the European Union

C 345/108

P8_TA(2018)0403

Request for waiver of the immunity of Georgios Kyrtsos

European Parliament decision of 24 October 2018 on the request for waiver of the immunity of Georgios Kyrtsos (2018/2041(IMM))

(2020/C 345/22)

The European Parliament,

—

having regard to the request for waiver of the immunity of Georgios Kyrtsos, forwarded on 27 February 2018 by the Deputy Prosecutor General of the Supreme Court of the Hellenic Republic, for non-payment of an Easter bonus of EUR 986,46 (file No AVM O 2017/6101), and announced in plenary on 14 March 2018,

—	having heard Georgios Kyrtsos 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 62 of the Constitution of the Hellenic Republic,

—	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 (A8-0351/2018),

A.	whereas the Prosecutor's Office of the Supreme Court of the Hellenic Republic has requested the waiver of the immunity of Georgios Kyrtsos, Member of the European Parliament, in connection with possible legal action concerning an alleged offence;

B.	whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament enjoy, in the territory of their own State, the immunities accorded to members of the parliament of that State;

C.	whereas Article 62 of the Constitution of the Hellenic Republic provides that, during their parliamentary term, members of parliament may not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by parliament;

whereas Georgios Kyrtsos, as legal representative (chairman and chief executive officer) of the companies KMP Publishing House Ltd and Free Sunday Publishing House Ltd, hired his former employee on 26 July 2005 in the name of KMP Publishing House Ltd under a contract for employment in both companies as art director;

whereas Georgios Kyrtsos is accused of non-payment to his former employee of an Easter bonus of EUR 986,46 on 27 April 2016, in violation of Emergency Law No 690/1945, as replaced by Article 8(1) of Law 236/95, and constituting an offence under Article 28 of Law No 3996/2011, in conjunction with Joint Ministerial Decision 19040/1981;

F.	whereas the alleged offence clearly has no direct link with the office of Georgios Kyrtsos as a Member of the European Parliament but is instead connected to his former position as manager of two newspaper firms;

G.	whereas the prosecution does not concern opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament in question for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

H.	whereas there is no reason to suspect that the intention underlying criminal proceedings is to damage a Member's political activity (fumus persecutionis);

Decides to waive the immunity of Georgios Kyrtsos;

Instructs its President to forward this decision and the report of its committee responsible immediately to the Greek authorities and to Georgios Kyrtsos.

(1) Judgment of the Court of Justice of 12 May 1964, Wagner vFohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot vFaure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote vParliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra vDe 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 vParliament, 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 vParliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.

III Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 23 October 2018

16.10.2020

Official Journal of the European Union

C 345/110

P8_TA(2018)0388

EU-Bahamas Agreement on the short-stay visa waiver ***

European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Commonwealth of the Bahamas amending the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver (12389/2017 — C8-0173/2018 — 2017/0169(NLE))

(Consent)

(2020/C 345/23)

The European Parliament,

—	having regard to the draft Council decision (12389/2017),

—	having regard to the draft agreement between the European Union and the Commonwealth of the Bahamas amending the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver (12388/2017),

—	having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a), and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0173/2018),

—	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 Civil Liberties, Justice and Home Affairs (A8-0304/2018),

Gives its consent to conclusion of the agreement;

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Commonwealth of the Bahamas.

16.10.2020

Official Journal of the European Union

C 345/111

P8_TA(2018)0389

EU-Mauritius Agreement on the short-stay visa waiver ***

European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver (12396/2017 — C8-0177/2018 — 2017/0167(NLE))

(Consent)

(2020/C 345/24)

The European Parliament,

—	having regard to the draft Council decision (12396/2017),

—	having regard to the draft agreement between the European Union and the Republic of Mauritius amending the Agreement between the European Community and the Republic of Mauritius on the short-stay visa waiver (12395/2017),

—	having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a), and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0177/2018),

—	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 Civil Liberties, Justice and Home Affairs (A8-0303/2018),

Gives its consent to conclusion of the agreement;

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

16.10.2020

Official Journal of the European Union

C 345/112

P8_TA(2018)0390

EU-Antigua and Barbuda Agreement on the short-stay visa waiver ***

European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and Antigua and Barbuda amending the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver (12383/2017 — C8-0174/2018 — 2017/0171(NLE))

(Consent)

(2020/C 345/25)

The European Parliament,

—	having regard to the draft Council decision (12383/2017),

—	having regard to the draft agreement between the European Union and Antigua and Barbuda amending the Agreement between the European Community and Antigua and Barbuda on the short-stay visa waiver (12382/2017),

—	having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a), and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0174/2018),

—	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 Civil Liberties, Justice and Home Affairs (A8-0305/2018),

Gives its consent to conclusion of the agreement;

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Antigua and Barbuda.

16.10.2020

Official Journal of the European Union

C 345/113

P8_TA(2018)0391

EU-Federation of Saint Kitts and Nevis Agreement on the short-stay visa waiver ***

European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Federation of St Kitts and Nevis amending the Agreement between the European Community and the Federation of St Kitts and Nevis on the short-stay visa waiver (12393/2017 — C8-0176/2018 — 2017/0176(NLE))

(Consent)

(2020/C 345/26)

The European Parliament,

—	having regard to the draft Council decision (12393/2017),

—	having regard to the draft agreement between the European Union and the Federation of St Kitts and Nevis amending the Agreement between the European Community and the Federation of St Kitts and Nevis on the short-stay visa waiver (12391/2017),

—	having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a), and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0176/2018),

—	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 Civil Liberties, Justice and Home Affairs (A8-0306/2018),

Gives its consent to conclusion of the agreement;

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Federation of St Kitts and Nevis.

16.10.2020

Official Journal of the European Union

C 345/114

P8_TA(2018)0392

EU-Barbados Agreement on the short-stay visa waiver ***

European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and Barbados amending the Agreement between the European Community and Barbados on the short-stay visa waiver (12386/2017– C8-0175/2018 — 2017/0179(NLE))

(Consent)

(2020/C 345/27)

The European Parliament,

—	having regard to the draft Council decision (12386/2017),

—	having regard to the draft agreement between the European Union and Barbados amending the Agreement between the European Community and Barbados on the short-stay visa waiver (12385/2017),

—	having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a), and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0175/2018),

—	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 Civil Liberties, Justice and Home Affairs (A8-0301/2018),

Gives its consent to conclusion of the agreement;

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Barbados.

16.10.2020

Official Journal of the European Union

C 345/115

P8_TA(2018)0393

EU-Seychelles Agreement on the short-stay visa waiver ***

European Parliament legislative resolution of 23 October 2018 on the draft Council decision on the conclusion, on behalf of the Union, of the Agreement between the European Union and the Republic of Seychelles amending the Agreement between the European Community and the Republic of Seychelles on the short-stay visa waiver (12399/2017 — C8-0172/2018– 2017/0168(NLE))

(Consent)

(2020/C 345/28)

The European Parliament,

—	having regard to the draft Council decision (12399/2017),

—	having regard to the draft agreement between the European Union and the Republic of Seychelles amending the Agreement between the European Community and the Republic of Seychelles on the short-stay visa waiver (12398/2017),

—	having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a), and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C8-0172/2018),

—	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 Civil Liberties, Justice and Home Affairs (A8-0302/2018),

Gives its consent to conclusion of the agreement;

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

16.10.2020

Official Journal of the European Union

C 345/116

P8_TA(2018)0394

Mobilisation of the European Globalisation Adjustment Fund: application EGF/2018/002 PT/Norte — Centro — Lisboa wearing apparel

European Parliament resolution of 23 October 2018 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund (application from Portugal — EGF/2018/002 PT/Norte — Centro — Lisboa wearing apparel) (COM(2018)0621 — C8-0399/2018 — 2018/2223(BUD))

(2020/C 345/29)

The European Parliament,

—	having regard to the Commission proposal to the European Parliament and the Council (COM(2018)0621 — C8-0399/2018),

—	having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1) (EGF Regulation),

—	having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular Article 12 thereof,

—	having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3) (IIA of 2 December 2013), and in particular point 13 thereof,

—	having regard to the trilogue procedure provided for in point 13 of the IIA of 2 December 2013,

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

—	having regard to the letter of the Committee on Regional Development,

—	having regard to the report of the Committee on Budgets (A8-0311/2018),

whereas the Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns or of the global financial and economic crisis, and to assist their reintegration into the labour market;

B.	whereas the Union's financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible;

whereas Portugal submitted application EGF/2018/002 PT/Norte — Centro — Lisboa wearing apparel for a financial contribution from the EGF following 1 161 redundancies in the economic sector classified under the NACE Revision 2 Division 14 (Manufacture of wearing apparel) in the NUTS level 2 regions of Norte (PT11), Centro (PT16) and Lisboa (PT17) in Portugal;

whereas the application is based on the intervention criteria of point (b) of Article 4(1) of the EGF Regulation, which requires at least 500 workers being made redundant over a reference period of nine months in enterprises operating in the same economic sector defined at NACE Revision 2 division level and located in one region or two contiguous regions, or in more than two contiguous regions defined at NUTS 2 level provided that there are more than 500 workers affected in two of the regions combined in a Member State;

Agrees with the Commission that the conditions set out in point (b) of Article 4(1) of the EGF Regulation are met and that Portugal is entitled to a financial contribution of EUR 4 655 883 under that Regulation, which represents 60 % of the total cost of EUR 7 759 806;

Notes that the Portuguese authorities submitted the application on 24 April 2018, and that, following the provision of additional information by Portugal, the Commission finalised its assessment on 10 September 2018 and notified it to Parliament on the same day;

Notes that Portugal argues that the redundancies are linked to major structural changes in world trade patterns due to globalisation, more particularly to the liberalisation of trade in textiles and clothing following the expiry of the World Trade Organization Multifibre Agreement at the end of 2004 which has led to radical changes in the structure of world trade in textiles and clothing;

Notes that the unemployment rate in the wearing apparel sector in the districts where the redundancies occurred is higher than in the Norte, Centro and Lisboa regions where those districts are situated and that prospects for redeployment are low as the dismissed workers are mostly low-skilled women;

Recalls that the redundancies that occurred in two enterprises operating in the Portuguese wearing apparel sector are expected to have a significant adverse effect on the local economy, and that the impact of the layoffs is linked to redeployment difficulties due to the scarcity of jobs, to the low educational background of the dismissed workers, and to the high number of job seekers;

Recommends the application of Structural and Investment Funds, and in particular the European Social Fund, to improve the qualifications of Portuguese workers in order to reduce unemployment, and especially youth unemployment and long-term unemployment;

Notes that the application relates to 1 161 workers made redundant, of whom 730 will be targeted by the proposed measures; points to the fact that the majority of the redundant workers are women (88,63 %); further notes that 20,55 % of the redundant workers are over 55 years of age; acknowledges, in view of that fact, the importance of active labour market measures co-funded by the EGF to improving the chances of reintegration of those vulnerable groups into the labour market;

Welcomes the fact that personalised services co-financed by the EGF will also be provided to up to 730 young people under the age of 30 not in employment, education or training (NEETs);

Notes that Portugal is planning three types of actions for the redundant workers covered by this application: (i) training and re-training, (ii) promotion of entrepreneurship, (iii) allowances;

10.

Stresses that training and re-training should create real alternatives for re-integration in the region taking account of sectors with growing labour demand;

11.

Notes that financial allowances, including training, mobility and meal allowances, do not exceed the maximum of 35 % of the total costs set out in the EGF Regulation and that those actions are conditional on the active participation of the targeted beneficiaries in job-search or training activities;

12.

Acknowledges that the coordinated package of personalised services has been drawn up in consultation with a working group, which included the Public Employment Service, representatives of the trade unions, the Institute of Social Security and the Authority for Work Conditions;

13.

Stresses that the Portuguese authorities have confirmed that the eligible actions do not receive assistance from other Union funds or financial instruments and have provided assurances that any double financing will be prevented and that the proposed actions will be complementary to actions funded by the Structural Funds;

14.

Reiterates that assistance from the EGF must not replace actions which are the responsibility of companies, by virtue of national law or collective agreements, or measures for restructuring companies or sectors and welcomes Portugal's confirmation in that regard;

15.

Recalls that in line with Article 7 of the EGF Regulation, the design of the coordinated package of personalised services should anticipate future labour market perspectives and required skills and should be compatible with the shift towards a resource-efficient and sustainable economy;

16.

Calls on the Commission to urge national authorities to provide more details, in future proposals, on the sectors which have growth prospects and are therefore likely to hire people, as well as to gather substantiated data on the impact of the EGF funding, including on the quality of jobs and the reintegration rate achieved through the EGF;

17.

Recalls its appeal to the Commission to ensure public access to all the documents related to EGF cases;

18.

Approves the decision annexed to this resolution;

19.

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;

20.

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.

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Globalisation Adjustment Fund following an application from Portugal — EGF/2018/002 PT/Norte — Centro — Lisboa wearing apparel

(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2018/1720.)

16.10.2020

Official Journal of the European Union

C 345/120

P8_TA(2018)0395

Appointment of the Managing Director of the EFSI

European Parliament decision of 23 October 2018 on the proposal for the appointment of the Managing Director of the European Fund for Strategic Investments (N8-0100/2018 — C8-0423/2018 — 2018/0903(NLE))

(Consent)

(2020/C 345/30)

The European Parliament,

—	having regard to the proposal of the Steering Board of the European Fund for Strategic Investments of 19 July 2018 for the re-appointment of its Managing Director (C8-0423/2018),

—

having regard to Article 7(6) of 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 Rule 122a of its Rules of Procedure,

—	having regard to the joint deliberations of the Committee on Budgets and the Committee on Economic and Monetary Affairs under Rule 55 of the Rules of Procedure,

—	having regard to the report of the Committee on Budgets and the Committee on Economic and Monetary Affairs (A8-0314/2018),

whereas Article 7(6) of Regulation (EU) 2015/1017 provides that the Managing Director and Deputy Managing Director of the EFSI are to be appointed by the EIB for a fixed term of three years, renewable once, after approval by the European Parliament following an open and transparent selection process in line with EIB procedures, during which the European Parliament shall be kept duly informed in a timely manner at all stages;

B.	whereas, on 19 July 2018, the Steering Board of the EFSI adopted a proposal for the re-appointment of the Managing Director and Deputy Managing Director of the EFSI and transmitted this proposal to the European Parliament;

whereas, on 25 September 2018, the Committee on Budgets and the Committee on Economic and Monetary Affairs held a hearing with Wilhelm Molterer, the proposed candidate for the function of Managing Director of the EFSI, at which he made an opening statement and then responded to questions from the members of the Committees;

Gives its consent to the appointment of Wilhelm Molterer as the Managing Director of the European Fund for Strategic Investments;

Instructs its President to forward this decision to the Council, the Commission, the European Investment Bank and the governments of the Member States.

(1) OJ L 169, 1.7.2015, p. 1.

16.10.2020

Official Journal of the European Union

C 345/121

P8_TA(2018)0396

Appointment of the Deputy Managing Director of the EFSI

European Parliament decision of 23 October 2018 on the proposal for the appointment of the Deputy Managing Director of the European Fund for Strategic Investments (N8-0101/2018 — C8-0424/2018 — 2018/0904(NLE))

(Consent)

(2020/C 345/31)

The European Parliament,

—	having regard to the proposal of the Steering Board of the European Fund for Strategic Investments of 19 July 2018 for the re-appointment of its Deputy Managing Director (C8-0424/2018),

—

—	having regard to Rule 122a of its Rules of Procedure,

—	having regard to the joint deliberations of the Committee on Budgets and the Committee on Economic and Monetary Affairs under Rule 55 of the Rules of Procedure,

—	having regard to the report of the Committee on Budgets and the Committee on Economic and Monetary Affairs (A8-0312/2018),

B.	whereas, on 19 July 2018, the Steering Board of the EFSI adopted a proposal for the re-appointment of the Managing Director and Deputy Managing Director of the EFSI and transmitted this proposal to the European Parliament;

whereas, on 25 September 2018, the Committee on Budgets and the Committee on Economic and Monetary Affairs held a hearing with Iliyana Tsanova, the proposed candidate for the function of Deputy Managing Director of the EFSI, at which she made an opening statement and then responded to questions from the members of the Committees;

Gives its consent to the appointment of Iliyana Tsanova as the Deputy Managing Director of the European Fund for Strategic Investments;

Instructs its President to forward this decision to the Council, the Commission, the European Investment Bank and the governments of the Member States.

(1) OJ L 169, 1.7.2015, p. 1.

16.10.2020

Official Journal of the European Union

C 345/122

P8_TA(2018)0397

Quality of water intended for human consumption ***I

Amendments adopted by the European Parliament on 23 October 2018 on the proposal for a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast) (COM(2017)0753 — C8-0019/2018 — 2017/0332(COD)) (1)

(Ordinary legislative procedure — recast)

(2020/C 345/32)

Amendments 161, 187, 206 and 213

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2)

Directive 98/83/EC set the legal framework to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean. This Directive should pursue the same objective. To that end, it is necessary to lay down at Union level the minimum requirements with which water intended for that purpose must comply. Member States should take the necessary measures to ensure that water intended for human consumption is free from any micro-organisms and parasites and from substances which, in certain cases, constitute a potential danger to human health, and that it meets those minimum requirements.

(2)

Directive 98/83/EC set the legal framework to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean. This Directive should pursue the same objective and should provide universal access to such water for all in the Union . To that end, it is necessary to lay down at Union level the minimum requirements with which water intended for that purpose must comply. Member States should take all necessary measures to ensure that water intended for human consumption is free from any micro-organisms and parasites and from substances which, in certain cases, constitute a potential danger to human health, and that it meets those minimum requirements.

Amendment 2

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission

Amendment

(2a)

In line with the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 2 December 2015 entitled 'Closing the loop — An EU action plan for the Circular Economy', this Directive should strive to encourage water resource efficiency and sustainability, thereby meeting circular economy goals.

Amendment 3

Proposal for a directive

Recital 2 b (new)

Text proposed by the Commission

Amendment

(2b)	The Human Right to Water and Sanitation (HRWS) was recognised as a human right by the United Nations (UN) General Assembly on 28 July 2010 and thus, access to clean, potable water should not be restricted due to unaffordability by the end user.

Amendment 4

Proposal for a directive

Recital 2 c (new)

Text proposed by the Commission

Amendment

(2c)	Coherence between Directive 2000/60/EC of the European Parliament and of the Council (1a) and this Directive is necessary.

Amendment 5

Proposal for a directive

Recital 2 d (new)

Text proposed by the Commission

Amendment

(2d)	The requirements set out in this Directive should reflect the national situation and conditions of the water suppliers in the Member States.

Amendment 6

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3)

It is necessary to exclude from the scope of this Directive natural mineral waters and waters which are medicinal products, since these waters are respectively covered by Directive 2009/54/EC of the European Parliament and of the Council (68) and Directive 2001/83/EC of the European Parliament and of the Council (69). However, Directive 2009/54/EC deals with both natural mineral waters and spring waters, and only the former category should be exempted from the scope of this Directive. In accordance with the third subparagraph of Article 9(4) of Directive 2009/54/EC, spring waters should comply with the provisions of this Directive. In the case of water intended for human consumption put into bottles or containers intended for sale or used in the manufacture, preparation or treatment of food, the water should comply with the provisions of this Directive until the point of compliance (i.e. the tap) , and should afterwards be considered as food, in accordance with the second subparagraph of Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (70).

(3)

It is necessary to exclude from the scope of this Directive natural mineral waters and waters which are medicinal products, since these waters are respectively covered by Directive 2009/54/EC of the European Parliament and of the Council (68) and Directive 2001/83/EC of the European Parliament and of the Council (69). However, Directive 2009/54/EC deals with both natural mineral waters and spring waters, and only the former category should be exempted from the scope of this Directive. In accordance with the third subparagraph of Article 9(4) of Directive 2009/54/EC, spring waters should comply with the provisions of this Directive. However, that obligation should not extend to the microbiological parameters set out in Part A of Annex I to this Directive. In the case of water intended for human consumption from public water supply or private wells put into bottles or containers intended for sale or used in the commercial manufacture, preparation or treatment of food, the water should , as a matter of principle, continue to comply with the provisions of this Directive until the point of compliance, and should afterwards be considered as food, in accordance with the second subparagraph of Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (70). Where applicable food safety requirements are met, competent authorities in the Member States should have the power to authorise the reuse of water in food processing industries.

Amendment 7

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4)

Following the conclusion of the European citizens' initiative on the right to water (Right2Water) (71) , a Union-wide public consultation was launched and a Regulatory Fitness and Performance (REFIT) Evaluation of Directive 98/83/EC was performed (72) . It became apparent from that exercise that certain provisions of Directive 98/83/EC needed to be updated. Four areas were identified as offering scope for improvement, namely the list of quality-based parametric values, the limited reliance on a risk-based approach, the imprecise provisions on consumer information, and the disparities between approval systems for materials in contact with water intended for human consumption. In addition, the European citizens' initiative on the right to water identified as a distinct problem the fact that part of the population, especially marginalised groups, has no access to water intended for human consumption, which is also a commitment under Sustainable Development Goal 6 of UN Agenda 2030. A final issue identified is the general lack of awareness of water leakages, which are driven by underinvestment in maintenance and renewal of the water infrastructure, as also pointed out in the European Court of Auditors' Special Report on water infrastructure (73) .

(4)

Following the conclusion of the European citizens' initiative on the right to water (Right2Water) (71) which called on the Union to increase its efforts to achieve universal access to water , a Union-wide public consultation was launched and a Regulatory Fitness and Performance (REFIT) Evaluation of Directive 98/83/EC was performed (72). It became apparent from that exercise that certain provisions of Directive 98/83/EC needed to be updated. Four areas were identified as offering scope for improvement, namely the list of quality-based parametric values, the limited reliance on a risk-based approach, the imprecise provisions on consumer information, and the disparities between approval systems for materials in contact with water intended for human consumption and the implications this has for human health . In addition, the European citizens' initiative on the right to water identified as a distinct problem the fact that part of the population, among vulnerable and marginalised groups, has limited or no access to affordable water intended for human consumption, which is also a commitment made under Sustainable Development Goal 6 of UN Agenda 2030. In this context, the European Parliament recognised a right of access to water intended for human consumption for all in the Union. A final issue identified is the general lack of awareness of water leakages, which are driven by underinvestment in maintenance and renewal of the water infrastructure, as also pointed out in the European Court of Auditors' Special Report on water infrastructure (73) , and by what is sometimes insufficient knowledge of water systems.

Amendment 8

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a)	In order to fulfil the ambitious goals set up under the United Nations' Sustainable Development Goal No 6, Member States should be obliged to implement action plans to ensure universal and equitable access to safe and affordable drinking water for all by 2030.

Amendment 9

Proposal for a directive

Recital 4 b (new)

Text proposed by the Commission

Amendment

(4b)	The European Parliament adopted resolution of 8 September 2015 on the follow-up to the European Citizens' Initiative Right2Water.

Amendment 11

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a)

Water intended for human consumption plays a fundamental role in the Union's ongoing efforts to strengthen the protection of human health and the environment against endocrine-disrupting chemicals. The regulation of endocrine-disrupting compounds in this Directive constitutes a promising step in line with the updated Union strategy on endocrine disruptors, which the Commission is obliged to deliver without any further delay.

Amendment 13

Proposal for a directive

Recital 6 a (new)

Text proposed by the Commission

Amendment

(6a)

Where scientific knowledge is not sufficient to determine the human health risk, or absence thereof, of a substance present in water intended for human consumption, or the permissible value for the presence of that substance, it should be placed on a watchlist, on the basis of the precautionary principle, until there are clearer scientific data. Accordingly, Member States should monitor such emerging parameters separately.

Amendment 14

Proposal for a directive

Recital 6 b (new)

Text proposed by the Commission

Amendment

(6b)

Indicator parameters have no direct public-health impact. However, they are important as a means of determining how water production and distribution facilities are functioning and of evaluating water quality. They can help to identify water treatment deficiencies and they also play an important role in increasing and maintaining consumer confidence in water quality. Therefore, they should be monitored by Member States.

Amendment 15

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7)	Where necessary to protect human health within their territories, Member States should be required to set values for additional parameters not included in Annex I .

(7)	Where necessary for full implementation of the precautionary principle and to protect human health within their territories, Member States should be required to set values for additional parameters not included in Annex I .

Amendment 16

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8)

Preventive safety planning and risk-based elements were only considered to a limited extent in Directive 98/83/EC. The first elements of a risk-based approach were already introduced in 2015 with Directive (EU) 2015/1787, which amended Directive 98/83/EC so as to allow Member States to derogate from the monitoring programmes they have established, provided credible risk assessments are performed, which may be based on the WHO's Guidelines for Drinking Water Quality (76). Those Guidelines, laying down the so-called 'Water Safety Plan' approach, together with standard EN 15975-2 concerning security of drinking water supply, are internationally recognised principles on which the production, distribution, monitoring and analysis of parameters in water intended for human consumption are based. They should be maintained in this Directive. To ensure that those principles are not limited to monitoring aspects, to focus time and resources on risks that matter and on cost-effective source measures, and to avoid analyses and efforts on non-relevant issues, it is appropriate to introduce a complete risk-based approach, throughout the supply chain, from the abstraction area to distribution until the tap. That approach should consist of three components: first, an assessment by the Member State of the hazards associated with the abstraction area ('hazard assessment'), in line with the WHO's Guidelines and Water Safety Plan Manual (77); second, a possibility for the water supplier to adapt monitoring to the main risks ('supply risk assessment'); and third, an assessment by the Member State of the possible risks stemming from the domestic distribution systems (e.g. Legionella or lead) ('domestic distribution risk assessment'). Those assessments should be regularly reviewed, inter alia, in response to threats from climate-related extreme weather events, known changes of human activity in the abstraction area or in response to source-related incidents. The risk-based approach ensures a continuous exchange of information between competent authorities and water suppliers.

(8)

Preventive safety planning and risk-based elements were only considered to a limited extent in Directive 98/83/EC. The first elements of a risk-based approach were already introduced in 2015 with Directive (EU) 2015/1787, which amended Directive 98/83/EC so as to allow Member States to derogate from the monitoring programmes they have established, provided credible risk assessments are performed, which may be based on the WHO's Guidelines for Drinking Water Quality (76). Those Guidelines, laying down the so-called 'Water Safety Plan' approach, together with standard EN 15975-2 concerning security of drinking water supply, are internationally recognised principles on which the production, distribution, monitoring and analysis of parameters in water intended for human consumption are based. They should be maintained in this Directive. To ensure that those principles are not limited to monitoring aspects, to focus time and resources on risks that matter and on cost-effective source measures, and to avoid analyses and efforts on non-relevant issues, it is appropriate to introduce a complete risk-based approach, throughout the supply chain, from the abstraction area to distribution until the tap. That approach should be based on the knowledge gained and actions carried out under Directive 2000/60/EC and should take into account more effectively the impact of climate change on water resources. A risk-based approach should consist of three components: first, an assessment by the Member State of the hazard associated with the abstraction area ('hazard assessment'), in line with the WHO's Guidelines and Water Safety Plan Manual (77); second, a possibility for the water supplier to adapt monitoring to the main risks ('supply risk assessment'); and third, an assessment by the Member State of the possible risks stemming from domestic distribution systems (e.g. Legionella or lead) , with special focus on priority premises ('domestic distribution risk assessment'). Those assessments should be regularly reviewed, inter alia, in response to threats from climate-related extreme weather events, known changes of human activity in the abstraction area or in response to source-related incidents. The risk-based approach ensures a continuous exchange of information between competent authorities, water suppliers and other stakeholders, including those responsible for the pollution source or the risk of pollution. As an exception, the implementation of the risk-based approach should be adapted to the specific constraints of maritime vessels that desalinate water and carry passengers. European flag maritime vessels comply with the international regulatory framework when sailing in international waters. Furthermore, there are particular constraints for the transport and production of water intended for human consumption on board which means that the provisions of this Directive should be adapted accordingly.

Amendment 17

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

(8a)	Ineffective use of water resources, in particular leakage in the water supply infrastructure, leads to over exploitation of scarce resources of water intended for human consumption. This severely hinders the Member States in reaching the objectives set under Directive 2000/60/EC.

Amendment 18

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9)

The hazard assessment should be geared towards reducing the level of treatment required for the production of water intended for human consumption, for instance by reducing the pressures causing the pollution of water bodies used for abstraction of water intended for human consumption. To that end, Member States should identify hazards and possible pollution sources associated with those water bodies and monitor pollutants which they identify as relevant, for instance because of the hazards identified (e.g. microplastics, nitrates, pesticides or pharmaceuticals identified under Directive 2000/60/EC of the European Parliament and of the Council (78)), because of their natural presence in the abstraction area (e.g. arsenic), or because of information from the water suppliers (e.g. sudden increase of a specific parameter in raw water). Those parameters should be used as markers that trigger action by competent authorities to reduce the pressure on the water bodies, such as prevention or mitigating measures (including research to understand impacts on health where necessary), to protect those water bodies and address the pollution source, in cooperation with water suppliers and stakeholders .

(9)

The hazard assessment should take a holistic approach to risk assessment, founded on the explicit aim of reducing the level of treatment required for the production of water intended for human consumption, for instance by reducing the pressures causing the pollution of , or a risk of pollution of, water bodies used for abstraction of water intended for human consumption. To that end, Member States should identify hazard and possible pollution sources associated with those water bodies and monitor pollutants which they identify as relevant, for instance because of the hazard identified (e.g. microplastics, nitrates, pesticides or pharmaceuticals identified under Directive 2000/60/EC of the European Parliament and of the Council (78)), because of their natural presence in the abstraction area (e.g. arsenic), or because of information from the water suppliers (e.g. sudden increase of a specific parameter in raw water). In accordance with Directive 2000/60/EC, those parameters should be used as markers that trigger action by competent authorities to reduce the pressure on the water bodies, such as prevention or mitigating measures (including research to understand impacts on health where necessary), to protect those water bodies and address the pollution source or risk , in cooperation with all stakeholders, including those responsible for pollutant or potential pollutant sources. Where a Member State finds, via the hazard assessment, that a parameter is not present in a given abstraction area, for instance because that substance never occurs in groundwaters or surface waters, the Member State should inform the relevant water suppliers and should be able to allow them to decrease the monitoring frequency for that parameter, or remove that parameter from the list of parameters to be monitored, without carrying out a supply risk assessment .

Amendment 19

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11)

The parametric values used to assess the quality of water intended for human consumption are to be complied with at the point where water intended for human consumption is made available to the appropriate user. However, the quality of water intended for human consumption can be influenced by the domestic distribution system. The WHO notes that, in the Union, Legionella causes the highest health burden of all waterborne pathogens. It is transmitted by warm water systems through inhalation, for instance during showering. It is therefore clearly linked to the domestic distribution system. Since imposing a unilateral obligation to monitor all private and public premises for this pathogen would lead to unreasonably high costs, a domestic distribution risk assessment is therefore more suited to address this issue. In addition, the potential risks stemming from products and materials in contact with water intended for human consumption should also be considered in the domestic distribution risk assessment. The domestic distribution risk assessment should therefore include, inter alia, focusing monitoring on priority premises, assessing the risks stemming from the domestic distribution system and related products and materials , and verifying the performance of construction products in contact with water intended for human consumption on the basis of their declaration of performance in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council (79) . The information referred to in Articles 31 and 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (80) is also to be supplied together with the declaration of performance. On the basis of this assessment, Member States should take all necessary measures to ensure, inter alia, that appropriate control and management measures (e.g. in case of outbreaks) are in place, in line with the guidance of the WHO (81) , and that the migration from construction products does not endanger human health. However, without prejudice to Regulation (EU) No 305/2011, where these measures would imply limits to the free movement of products and materials in the Union, these limits need to be duly justified and strictly proportionate, and not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States.

(11)

The parametric values used to assess the quality of water intended for human consumption are to be complied with at the point where water intended for human consumption is made available to the appropriate user. However, the quality of water intended for human consumption can be influenced by the domestic distribution system. The WHO notes that, in the Union, Legionella causes the highest health burden of all waterborne pathogens , in particular Legionella pneumophila, which accounts for most cases of Legionnaires' disease in the Union . It is transmitted by warm water systems through inhalation, for instance during showering. It is therefore clearly linked to the domestic distribution system. Since imposing a unilateral obligation to monitor all private and public premises for this pathogen would lead to unreasonably high costs and would contravene the principle of subsidiarity , a domestic distribution risk assessment is therefore more suited to address this issue , with a special focus on priority premises . In addition, the potential risks stemming from products and materials in contact with water intended for human consumption should also be considered in the domestic distribution risk assessment. The domestic distribution risk assessment should therefore include, inter alia, focusing monitoring on priority premises, assessing the risks stemming from the domestic distribution system and related products and materials in contact with water intended for human consumption. The information referred to in Articles 31 and 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council (80) is also to be supplied together with the declaration of performance. On the basis of this assessment, Member States should take all necessary measures to ensure, inter alia, that appropriate control and management measures (e.g. in case of outbreaks) are in place, in line with the guidance of the WHO (81), and that the migration from substances and materials in contact with water intended for human consumption does not endanger human health.

Amendment 20

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12)

The provisions of Directive 98/83/EC on quality assurance of treatment, equipment and materials did not succeed in addressing obstacles to the internal market when it comes to the free circulation of construction products in contact with water intended for human consumption. National product approvals are still in place, with different requirements from one Member State to another. This renders it difficult and costly for manufacturers to market their products all over the Union. The removal of technical barriers may only be effectively achieved by establishing harmonised technical specifications for construction products in contact with water intended for human consumption under Regulation (EU) No 305/2011. That Regulation allows for the development of European standards harmonising the assessment methods for construction products in contact with water intended for human consumption and for threshold levels and classes to be set in relation to the performance level of an essential characteristic. To that end, a standardisation request specifically requiring standardisation work on hygiene and safety for products and materials in contact with water intended for human consumption under Regulation (EU) No 305/2011 has been included in the 2017 standardisation Work Programme (82) , and a standard is to be issued by 2018. The publication of this harmonised standard in the Official Journal of the European Union will ensure a rational decision-making for placing or making available on the market safe construction products in contact with water intended for human consumption. As a consequence, the provisions on equipment and material in contact with water intended for human consumption should be deleted, partly replaced by provisions related to the domestic distribution risk assessment and complemented by relevant harmonised standards under Regulation (EU) No 305/2011 .

(12)

The provisions of Directive 98/83/EC on quality assurance of treatment, equipment and materials did not succeed in addressing obstacles to the internal market when it comes to the free circulation of construction products in contact with water intended for human consumption or providing sufficient protection with regard to human health . National product approvals are still in place, with different requirements from one Member State to another. This renders it difficult and costly for manufacturers to market their products all over the Union. That situation stems from the fact that there are no minimum European hygiene standards for all products and materials in contact with water intended for human consumption , which is essential for fully ensuring mutual recognition between Member States. The removal of technical barriers and conformity of all products and materials in contact with water intended for human consumption at Union level can, therefore, only be effectively achieved by establishing minimum quality requirements at Union level. As a consequence, those provisions should be strengthened by means of a procedure for harmonisation of such products and materials. That work should draw on the experience gained and advances made by a number of Member States that have been working together for some years, in a concerted effort, to bring about regulatory convergence.

Amendment 21

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13)

Each Member State should ensure that monitoring programmes are established to check that water intended for human consumption meets the requirements of this Directive. Most of the monitoring carried out for the purposes of this Directive is performed by water suppliers. A certain flexibility should be granted to water suppliers as regards the parameters they monitor for the purposes of the supply risk assessment. If a parameter is not detected, water suppliers should be able to decrease the monitoring frequency or stop monitoring that parameter altogether. The supply risk assessment should be applied to most parameters. However, a core list of parameters should always be monitored with a certain minimum frequency. This Directive mainly sets provisions on monitoring frequency for the purposes of compliance checks and only limited provisions on monitoring for operational purposes. Additional monitoring for operational purposes may be necessary to ensure the correct functioning of water treatment, at the discretion of water suppliers. In that regard, the water suppliers may refer to the WHO's Guidelines and Water Safety Plan Manual.

(13)

Each Member State should ensure that monitoring programmes are established to check that water intended for human consumption meets the requirements of this Directive. Most of the monitoring carried out for the purposes of this Directive is performed by water suppliers but, where necessary, Member States should clarify with which competent authorities the obligations stemming from the transposition of this Directive lie . A certain flexibility should be granted to water suppliers as regards the parameters they monitor for the purposes of the supply risk assessment. If a parameter is not detected, water suppliers should be able to decrease the monitoring frequency or stop monitoring that parameter altogether. The supply risk assessment should be applied to most parameters. However, a core list of parameters should always be monitored with a certain minimum frequency. This Directive mainly sets provisions on monitoring frequency for the purposes of compliance checks and only limited provisions on monitoring for operational purposes. Additional monitoring for operational purposes may be necessary to ensure the correct functioning of water treatment, at the discretion of water suppliers. In that regard, the water suppliers may refer to the WHO's Guidelines and Water Safety Plan Manual.

Amendment 188

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14)

The risk-based approach should gradually be applied by all water suppliers, including small water suppliers, as the evaluation of Directive 98/83/EC showed deficiencies in its implementation by those suppliers, which were sometimes due to the cost of performing unnecessary monitoring operations. When applying the risk-based approach, security concerns should be taken into account.

(14)

The risk-based approach should be applied by all water suppliers, including very small , small and medium-sized water suppliers, as the evaluation of Directive 98/83/EC showed deficiencies in its implementation by those suppliers, which were sometimes due to the cost of performing unnecessary monitoring operations , while allowing for the possibility for derogations for very small suppliers . When applying the risk-based approach, security concerns and concerns relating to the 'polluter pays' principle should be taken into account. For smaller suppliers, the competent authority should support the monitoring operations by providing expert support.

Amendment 24

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission

Amendment

(14a)

In order to deliver the strongest protection for public health, Member States should ensure a clear and balanced distribution of responsibilities for the application of the risk-based approach in line with their national institutional and legal framework.

Amendment 25

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15)

In the event of non-compliance with the standards imposed by this Directive the Member State concerned should immediately investigate the cause and ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water. In cases where the water supply constitutes a potential danger to human health, the supply of such water should be prohibited or its use restricted. In addition, it is important to clarify that failure to meet the minimum requirements for values relating to microbiological and chemical parameters should automatically be considered by Member States as a potential danger to human health. In cases where remedial action is necessary to restore the quality of water intended for human consumption, in accordance with Article 191(2) of the Treaty, priority should be given to action which rectifies the problem at source.

(15)

In the event of non-compliance with the standards imposed by this Directive the Member State concerned should immediately investigate the cause and ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water. In cases where the water supply constitutes a potential danger to human health, the supply of such water should be prohibited or its use restricted, and citizens who could be affected should be duly informed . In addition, in the event of failure to meet the minimum requirements for values relating to microbiological and chemical parameters , Member States should determine whether exceeding the values constitutes a potential risk to human health. To that end, Member States should take account of, in particular, the extent to which minimum requirements have not been met and the type of parameter concerned. In cases where remedial action is necessary to restore the quality of water intended for human consumption, in accordance with Article 191(2) of the Treaty, priority should be given to action which rectifies the problem at source.

Amendment 26

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission

Amendment

(15a)

It is important to prevent contaminated water causing a potential danger to human health. Therefore, the supply of such water should be prohibited or its use restricted.

Amendment 27

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16)

Member States should no longer be authorised to grant derogations from this Directive. Derogations were initially used to allow Member States up to nine years to resolve a non-compliance with a parametric value. This procedure proved to be burdensome for Member States and Commission alike . In addition , in some cases, it led to delays in remedial actions being taken, as the possibility for derogation was considered as a transitional period. The provision on derogations should therefore be deleted. For reasons of protection of human health , when parametric values are exceeded, the provisions related to remedial actions should apply immediately without the possibility of granting a derogation from the parametric value . Derogations granted by Member States pursuant to Article 9 of Directive 98/83/EC and still applicable at the date of entry into force of this Directive should , however, continue to apply until the end of the derogation but should not be renewed .

(16)

Member States should be authorised to grant derogations from this Directive. Derogations were initially used to allow Member States up to nine years to resolve a non-compliance with a parametric value. This procedure has proved to be useful for Member States , given the level of ambition of the Directive . It should be noted, however, that , in some cases, it has led to delays in remedial actions being taken, as the possibility for derogation was sometimes considered to be a transitional period. In the light of the fact, firstly, that the quality parameters in this Directive are to be strengthened and, secondly, that emerging pollutants are being increasingly detected, requiring stepped-up evaluation, monitoring and management actions, it remains, nonetheless, necessary to maintain a derogation procedure that is in keeping with those circumstances, provided that they do not constitute a potential risk to human health and provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means. The provision in Directive 98/83/EC on derogations should therefore be amended so as to ensure faster and more effective compliance by Member States with the requirements of this Directive . Derogations granted by Member States pursuant to Article 9 of Directive 98/83/EC and still applicable at the date of entry into force of this Directive should continue to apply in accordance with the arrangements laid down by the provisions in force when the derogation was granted.

Amendment 28

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17)

The Commission, in its reply to the European citizens' initiative 'Right2Water' in 2014 (83) , invited Member States to ensure access to a minimum water supply for all citizens, in accordance with the WHO recommendations. It also committed to continue to 'improve access to safe drinking water […] for the whole population through environmental policies' (84) . This is in line with UN Sustainable Development Goal 6 and the associated target to 'achieve universal and equitable access to safe and affordable drinking water for all'. The concept of equitable access covers a wide array of aspects such as availability (due for instance to geographic reasons, lack of infrastructure or the specific situation of certain parts of the populations), quality, acceptability, or financial affordability. Concerning affordability of water, it is important to recall that, when setting water tariffs in accordance with the principle of recovery of costs set out in Directive 2000/60/EC , Member States may have regard to the variation in the economic and social conditions of the population and may therefore adopt social tariffs or take measures safeguarding populations at a socio-economic disadvantage. This Directive deals, in particular, with the aspects of access to water which are related to quality and availability. To address those aspects, as part of the reply to the European citizens' initiative and to contribute to the implementation of Principle 20 of the European Pillar of Social Rights (85) that states that 'everyone has the right to access essential services of good quality, including water', Member States should be required to tackle the issue of access to water at national level whilst enjoying some discretion as to the exact type of measures to be implemented. This can be done through actions aimed, inter alia, at improving access to water intended for human consumption for all, for instance with freely accessible fountains in cities, and promoting its use by encouraging the free provision of water intended for human consumption in public buildings and restaurants.

(17)

The Commission, in its reply to the European citizens' initiative 'Right2Water' in 2014 (83), invited Member States to ensure access to a minimum water supply for all citizens, in accordance with the WHO recommendations. It also committed to continue to 'improve access to safe drinking water […] for the whole population through environmental policies' (84). This is in line with Articles 1 and 2 of the Charter of Fundamental Rights of the European Union. This is also in line with UN Sustainable Development Goal 6 and the associated target to 'achieve universal and equitable access to safe and affordable drinking water for all'. The concept of equitable access covers a wide array of aspects such as availability (due for instance to geographic reasons, lack of infrastructure or the specific situation of certain parts of the populations), quality, acceptability, or financial affordability. Concerning affordability of water, it is important to recall that, without prejudice to Article 9(4) of Directive 2000/60/EC, when setting water tariffs in accordance with the principle of recovery of costs set out in that Directive, Member States may have regard to the variation in the economic and social conditions of the population and may therefore adopt social tariffs or take measures safeguarding populations at a socio-economic disadvantage. This Directive deals, in particular, with the aspects of access to water which are related to quality and availability. To address those aspects, as part of the reply to the European citizens' initiative and to contribute to the implementation of Principle 20 of the European Pillar of Social Rights (85) that states that 'everyone has the right to access essential services of good quality, including water', Member States should be required to tackle the issue of affordable access to water at national level whilst enjoying a certain margin of discretion as to the exact type of measures to be implemented. This can be done through actions aimed, inter alia, at improving access to water intended for human consumption for all, for instance by not unjustifiably making water quality requirements more stringent on public-health grounds, which would increase the price of water for citizens, with freely accessible fountains in cities, and promoting its use by encouraging the free provision of water intended for human consumption in public buildings, restaurants, shopping and recreational centres, as well as areas of transit and large footfall such as train stations or airports . Member States should be free to determine the right mix of such instruments with regard to their specific national circumstances.

Amendment 29

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18)

The European Parliament, in its Resolution on the 'follow-up to the European citizens' initiative Right2Water' (86) , 'requested that Member States should pay special attention to the needs of vulnerable groups in society' (87) . The specific situation of minority cultures, such as Roma, Sinti, Travellers, Kalé, Gens du voyage etc. , whether sedentary or not — in particular their lack of access to drinking water — was also acknowledged in the Commission Report on the implementation of the EU Framework for National Roma Integration Strategies (88) and the Council Recommendation on effective Roma integration measures in the Member States (89) . In light of that general context, it is appropriate that Member States pay particular attention to vulnerable and marginalised groups by taking the necessary measures to ensure that those groups have access to water. Without prejudice to the right of the Member States to define those groups, they should at least include refugees, nomadic communities, homeless people and minority cultures such as Roma, Sinti, Travellers, Kalé, Gens du voyage, etc., whether sedentary or not. Such measures to ensure access, left to the appreciation of the Member States, might for example include providing alternative supply systems (individual treatment devices), providing water via tankers (trucks and cisterns) and ensuring the necessary infrastructure for camps.

(18)

The European Parliament, in its Resolution on the 'follow-up to the European citizens' initiative Right2Water' (86), 'requested that Member States should pay special attention to the needs of vulnerable groups in society' (87). The specific situation of minority cultures, such as Roma and Travellers, whether sedentary or not — in particular their lack of access to drinking water — was also acknowledged in the Commission Report on the implementation of the EU Framework for National Roma Integration Strategies (88) and the Council Recommendation on effective Roma integration measures in the Member States (89). In light of that general context, it is appropriate that Member States pay particular attention to vulnerable and marginalised groups by taking the necessary measures to ensure that those groups have access to water. Taking into account the principle of recovery of costs set out in Directive 2000/60/EC, Member States should improve access to water for vulnerable and marginalised groups without jeopardising the supply of universally affordable high-quality water. Without prejudice to the right of the Member States to define those groups, they should at least include refugees, nomadic communities, homeless people and minority cultures such as Roma and Travellers, whether sedentary or not. Such measures to ensure access, left to the appreciation of the Member States, might for example include providing alternative supply systems (individual treatment devices), providing water via tankers (trucks and cisterns) and ensuring the necessary infrastructure for camps. Where local public authorities are made responsible for meeting those obligations, Member States should ensure that they have sufficient financial resources and technical and material capacities and should support them accordingly, by providing expert support for example. In particular, the distribution of water for vulnerable and marginalised groups should not be disproportionately costly for local public authorities.

Amendment 30

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19)

The 7th Environment Action Programme to 2020 'Living well, within the limits of our planet' (90), requires that the public have access to clear environmental information at national level. Directive 98/83/EC only provided for passive access to information, meaning that Member States merely had to ensure that information was available. Those provisions should therefore be replaced to ensure that up-to-date information is easily accessible, for instance on a website whose link should be actively distributed . The up-to-date information should not only include results from the monitoring programmes, but also additional information that the public may find useful, such as information on indicators (iron, hardness, minerals, etc.), which often influence consumers' perception of tap water . To that end, the indicator parameters of Directive 98/83/EC that did not provide health-related information should be replaced by on-line information on those parameters. For very large water suppliers, additional information on, inter alia, energy efficiency, management, governance, cost structure, and treatment applied, should also be available on-line. It is assumed that better consumer knowledge and improved transparency will contribute to increasing citizens' confidence in the water supplied to them. This in turn is expected to lead to increased use of tap water, thereby contributing to reduced plastic litter and greenhouse gas emissions, and a positive impact on climate change mitigation and the environment as a whole.

(19)

The 7th Environment Action Programme to 2020 'Living well, within the limits of our planet' (90), requires that the public have access to clear environmental information at national level. Directive 98/83/EC only provided for passive access to information, meaning that Member States merely had to ensure that information was available. Those provisions should therefore be replaced to ensure that up-to-date information that is comprehensible and relevant to consumers and easily accessible, for instance in a booklet, a website or a smart application. The up-to-date information should not only include results from the monitoring programmes, but also additional information that the public may find useful, such as the outcome of actions taken to monitor water suppliers as regards water quality parameters and information on indicator parameters listed in Part Ba of Annex I . For very large water suppliers, additional information on, inter alia, management, tariff structure and treatment applied, should also be available on-line. The purpose of better consumer knowledge of relevant information and improved transparency should be to increase citizens' confidence in the water supplied to them , as well as in water services , and should lead to an increased use of tap water as drinking water, which could contribute to reduced plastic usage and litter and greenhouse gas emissions, and a positive impact on climate change mitigation and the environment as a whole.

Amendment 31

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20)

For the same reasons, and in order to make consumers more aware of the implications of water consumption, they should also receive information (for instance on their invoice or by smart applications) on the volume consumed, the cost structure of the tariff charged by the water supplier, including variable and fixed costs , as well as on the price per litre of water intended for human consumption, thereby allowing a comparison with the price of bottled water.

(20)

For the same reasons, and in order to make consumers more aware of the implications of water consumption, they should also receive information in an easily accessible manner, for instance on their invoice or by smart application on the volume consumed per year, changes in consumption, a comparison with average household consumption , where such information is available to the water supplier , the structure of the tariff charged by the water supplier, including the distribution of variable and fixed parts of it , as well as on the price per litre of water intended for human consumption, thereby allowing a comparison with the price of bottled water.

Amendment 32

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21)

The principles to be considered in the setting of water tariffs, namely recovery of costs for water services and polluter pays, are set out in Directive 2000/60/EC . However, the financial sustainability of the provision of water services is not always ensured, sometimes leading to under-investment in the maintenance of water infrastructure. With the improvement of monitoring techniques, leakage rates — mainly due to such under-investment — have become increasingly apparent and reduction of water losses should be encouraged at Union level to improve the efficiency of water infrastructure. In line with the principle of subsidiarity, that issue should be addressed by increasing transparency and consumer information on leakage rates and energy efficiency .

(21)

The fundamental principles to be considered in the setting of water tariffs, without prejudice to Article 9(4) of Directive 2000/60/EC , namely recovery of costs for water services and polluter pays, are set out in that Directive. However, the financial sustainability of the provision of water services is not always ensured, sometimes leading to under-investment in the maintenance of water infrastructure. With the improvement of monitoring techniques, leakage levels — mainly due to such under-investment — have become increasingly apparent and reduction of water losses should be encouraged at Union level to improve the efficiency of water infrastructure. In line with the principle of subsidiarity, in order to raise awareness of this issue , the information related to it should be shared in a more transparent way with consumers .

Amendment 34

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(25)

Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, the Commission should carry out an evaluation of this Directive within a certain period of time from the date set for its transposition. That evaluation should be based on experience gathered and data collected during the implementation of the Directive, on relevant scientific, analytical, epidemiological data, and on any available WHO recommendations.

(25)

Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, the Commission should carry out an evaluation of this Directive within a certain period of time from the date set for its transposition. That evaluation should be based on experience gathered and data collected during the implementation of the Directive, on any available WHO recommendations , and on relevant scientific, analytical and epidemiological data .

Amendment 35

Proposal for a directive

Recital 28

Text proposed by the Commission

Amendment

(28)

In order to adapt this Directive to scientific and technical progress or to specify monitoring requirements for the purposes of the hazard and domestic distribution risk assessments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I to IV to this Directive. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In addition, the empowerment laid down in Annex I, part C, Note 10, of Directive 98/83/EC, to set monitoring frequencies and monitoring methods for radioactive substances has become obsolete due to the adoption of Council Directive 2013/51/Euratom (96) and should therefore be deleted. The empowerment laid down in the second subparagraph of part A of Annex III to Directive 98/83/EC concerning amendments of the Directive is no longer necessary and should be deleted.

(28)

In order to adapt this Directive to scientific and technical progress or to specify monitoring requirements for the purposes of the hazard and domestic distribution risk assessments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I to IV to this Directive, and take measures necessary under the changes set out under Article 10a . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In addition, the empowerment laid down in Annex I, part C, Note 10, of Directive 98/83/EC, to set monitoring frequencies and monitoring methods for radioactive substances has become obsolete due to the adoption of Council Directive 2013/51/Euratom (96) and should therefore be deleted. The empowerment laid down in the second subparagraph of part A of Annex III to Directive 98/83/EC concerning amendments of the Directive is no longer necessary and should be deleted.

Amendment 36

Proposal for a directive

Article 1 — paragraph 1

Text proposed by the Commission	Amendment
1. This Directive concerns the quality of water intended for human consumption.	1. This Directive concerns the quality of water intended for human consumption for all in the Union .

Amendments 163, 189, 207 and 215

Proposal for a directive

Article 1 — paragraph 2

Text proposed by the Commission	Amendment
2. The objective of this Directive shall be to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean.	2. The objective of this Directive shall be to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean , and to provide universal access to water intended for human consumption .

Amendment 38

Proposal for a directive

Article 2 — paragraph 1 — point 1

Text proposed by the Commission

Amendment

'water intended for human consumption' shall mean all water either in its original state or after treatment, intended for drinking, cooking, food preparation or production, or other domestic purposes in both public and private premises, regardless of its origin and whether it is supplied from a distribution network, supplied from a tanker or , for spring waters, put in bottles .

'water intended for human consumption' shall mean all water either in its original state or after treatment, intended for drinking, cooking, food preparation or production, or for other food purposes, or other domestic purposes in both public and private premises , including food businesses , regardless of its origin and whether it is supplied from a distribution network, supplied from a tanker or put in bottles or containers .

Amendment 39

Proposal for a directive

Article 2 — paragraph 1 — point 2

Text proposed by the Commission

Amendment

'domestic distribution system' shall mean the pipework, fittings and appliances which are installed between the taps that are normally used for human consumption in both public and private premises and the distribution network but only if they are not the responsibility of the water supplier, in its capacity as a water supplier, according to the relevant national law.

(Does not affect the English version.)

Amendment 40

Proposal for a directive

Article 2 — paragraph 1 — point 3

Text proposed by the Commission

Amendment

3.	'water supplier' shall mean an entity supplying at least 10 m3 of water intended for human consumption a day as an average.

3.	'water supplier' shall mean a legal entity supplying at least 10 m3 of water intended for human consumption a day as an average.

Amendment 41

Proposal for a directive

Article 2 — paragraph 1 — point 3 a (new)

Text proposed by the Commission

Amendment

3a.	'very small water supplier' shall mean a water supplier supplying less than 50 m3 per day or serving less than 250 people.

Amendment 42

Proposal for a directive

Article 2 — paragraph 1 — point 4

Text proposed by the Commission

Amendment

4.	'small water supplier' shall mean a water supplier supplying less than 500 m3 per day or serving less than 5 000 people.

4.	'small water supplier' shall mean a water supplier supplying less than 500 m3 per day or serving less than 2 500 people.

Amendment 43

Proposal for a directive

Article 2 — paragraph 1 — point 4 a (new)

Text proposed by the Commission

Amendment

4a.	'medium water supplier' shall mean a water supplier supplying at least 500 m3 per day or serving at least 2 500 people.

Amendment 44

Proposal for a directive

Article 2 — paragraph 1 — point 5

Text proposed by the Commission

Amendment

5.	'large water supplier' shall mean a water supplier supplying at least 500 m3 per day or serving at least 5 000 people.

5.	'large water supplier' shall mean a water supplier supplying at least 5 000 m3 per day or serving at least 25 000 people.

Amendment 45

Proposal for a directive

Article 2 — paragraph 1 — point 6

Text proposed by the Commission

Amendment

6.	'very large water supplier' shall mean a water supplier supplying at least 5 000 m3 per day or serving at least 50 000 people.

6.	'very large water supplier' shall mean a water supplier supplying at least 20 000 m3 per day or serving at least 100 000 people.

Amendment 46

Proposal for a directive

Article 2 — paragraph 1 — point 7

Text proposed by the Commission

Amendment

7.	'priority premises' shall mean large premises with many users potentially exposed to water-related risks, such as hospitals, healthcare institutions, buildings with a lodging facility, penal institutions and campgrounds, as identified by Member States.

'priority premises' shall mean large non-household premises with many people, in particular vulnerable people, potentially exposed to water-related risks, such as hospitals, healthcare institutions, retirement homes, schools, universities and other education facilities, crèches and nurseries, sport, recreation, leisure and exhibition facilities, buildings with a lodging facility, penal institutions and campgrounds, as identified by Member States.

Amendment 47

Proposal for a directive

Article 2 — paragraph 1 — point 8 a (new)

Text proposed by the Commission

Amendment

8a.	'food business' shall mean a food business as defined in point (2) of Article 3 of Regulation (EC) No 178/2002.

Amendment 48

Proposal for a directive

Article 3 — paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. For water used in food businesses for the manufacture, processing, preservation or marketing of products or substances intended for human consumption, only Articles 4, 5, 6 and 11 of this Directive shall apply. However, none of the articles of this Directive shall apply where an operator of a food business can demonstrate to the satisfaction of the competent national authorities that the quality of the water it uses does not affect the hygiene of the products or substances resulting from its activities and that such products or substances comply with Regulation (EC) No 852/2004 of the European Parliament and of the Council (1a).

Amendment 49

Proposal for a directive

Article 3 — paragraph 1 b (new)

Text proposed by the Commission	Amendment
	1b. A producer of water intended for human consumption that is put into bottles or containers shall not be considered a water supplier. Provisions of this Directive shall apply to water intended for human consumption put into bottles or containers insofar as they are not covered by obligations under other Union legislation.

Amendment 50

Proposal for a directive

Article 3 — paragraph 1 c (new)

Text proposed by the Commission	Amendment
	1c. Maritime vessels that desalinate water, carry passengers and act as water suppliers shall only be subject to Articles 1 to 7 and 9 to 12 of this Directive and its Annexes.

Amendment 51

Proposal for a directive

Article 4 — paragraph 1 — point c

Text proposed by the Commission

Amendment

(c)	Member States have taken all other measures necessary to comply with the requirements set out in Articles 5 to 12 of this Directive.

(c)	Member States have taken all other measures necessary to comply with the requirements set out:

(i)	in Articles 4 to 12 of this Directive for water intended for human consumption supplied to the final consumers from a distribution network or from a tanker;

(ii)	in Articles 4, 5 and 6 and Article 11(4) of this Directive for water intended for human consumption put into bottles or containers in a food business;

(iii)

in Articles 4, 5, 6 and 11 of this Directive for water intended for human consumption produced and used in a food business for the production, processing and distribution of food.

Amendment 52

Proposal for a directive

Article 4 — paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall ensure that the measures taken to implement this Directive in no circumstances have the effect of allowing, directly or indirectly, any deterioration of the present quality of water intended for human consumption or any increase in the pollution of waters used for the production of water intended for human consumption .	2. Member States shall ensure that the measures taken to implement this Directive adhere fully to the precautionary principle and in no circumstances have the effect of allowing, directly or indirectly, any deterioration of the present quality of water intended for human consumption or any increase in the pollution of waters used for the production of water intended for human consumption .

Amendment 53

Proposal for a directive

Article 4 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall take measures to ensure that competent authorities carry out an assessment of the water leakage levels on their territory and of the potential for improvements in water leakage reduction in the drinking water sector. That assessment shall take into account relevant public health, environmental, technical and economic aspects. Member States shall adopt, by 31 December 2022, national targets to reduce the leakage levels of water suppliers in their territory by 31 December 2030. Member States may provide meaningful incentives to ensure that water suppliers in their territory meet the national targets.

Amendment 54

Proposal for a directive

Article 4 — paragraph 2 b (new)

Text proposed by the Commission	Amendment
	2b. If a competent authority in charge of the production and distribution of water intended for human consumption hands over the management of all or part of the water production or supply activities to a water supplier, the contract between the competent authority and the water supplier shall specify each party's responsibilities under this Directive.

Amendment 55

Proposal for a directive

Article 5 — paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall set values applicable to water intended for human consumption for the parameters set out in Annex I , which shall not be less stringent than the values set out therein .	1. Member States shall set values applicable to water intended for human consumption for the parameters set out in Annex I.

Amendment 56

Proposal for a directive

Article 5 — paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. The values set pursuant to paragraph 1 shall not be less stringent than those set out in Parts A, B and Ba of Annex I. As regards the parameters set out in Part Ba of Annex I, the values shall be set only for monitoring purposes and for the sake of ensuring that the requirements set out in Article 12 are met.

Amendment 57

Proposal for a directive

Article 5 — paragraph 2 — subparagraph 1 a (new)

Text proposed by the Commission

Amendment

The Member States shall take all necessary measures to ensure that the treatment agents, the materials, and the disinfection procedures used for disinfection purposes in water supply systems do not adversely affect the quality of water intended for human consumption. Any contamination of water intended for human consumption from the use of such agents, materials and procedures shall be minimised without, however, compromising the effectiveness of the disinfection.

Amendment 58

Proposal for a directive

Article 6 — paragraph 1 — introductory part

Text proposed by the Commission	Amendment
The parametric values set in accordance with Article 5 for the parameters listed in Annex I, parts A and B, shall be complied with:	The parametric values set in accordance with Article 5 for the parameters listed in Annex I, parts A, B and C , shall be complied with:

Amendment 59

Proposal for a directive

Article 6 — paragraph 1 — point c

Text proposed by the Commission

Amendment

(c)	in the case of spring waters , at the point at which the water is put into the bottles.

(c)	in the case of water intended for human consumption put into bottles or containers , at the point at which the water is put into the bottles or containers;

Amendment 60

Proposal for a directive

Article 6 — paragraph 1 — point c a (new)

Text proposed by the Commission

Amendment

(ca)	in the case of water used in a food business where water is supplied by a water supplier, at the point of delivery in the food business.

Amendment 61

Proposal for a directive

Article 6 — paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a.

In the case of water covered by point (a) of paragraph 1, Member States shall be deemed to have fulfilled their obligations under this Article, where it can be established that non-compliance with the parameters provided for in Article 5 is caused by a private distribution system or the maintenance thereof, except as regards priority premises.

Amendment 62

Proposal for a directive

Article 7 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)	a hazard assessment of bodies of water used for the abstraction of water intended for human consumption, in accordance with Article 8;

(a)	a hazard assessment of bodies of water or parts of bodies of water used for the abstraction of water intended for human consumption , carried out by Member States in accordance with Article 8;

Amendment 63

Proposal for a directive

Article 7 — paragraph 1 — point b

Text proposed by the Commission

Amendment

(b)	a supply risk assessment carried out by the water suppliers for the purposes of monitoring the quality of the water they supply, in accordance with Article 9 and Annex II, part C;

(b)	a supply risk assessment carried out by the water suppliers in each water supply system for the purposes of safeguarding and monitoring the quality of the water they supply, in accordance with Article 9 and Annex II, part C;

Amendment 64

Proposal for a directive

Article 7 — paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Member States may adapt the implementation of the risk-based approach, without compromising the objective of this Directive concerning the quality of water intended for human consumption and the health of consumers, when there are particular constraints due to geographical circumstances such as remoteness or accessibility of water supply zone.

Amendment 65

Proposal for a directive

Article 7 — paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. Member States shall ensure a clear and appropriate distribution of responsibilities between stakeholders, as defined by the Member States, for the application of the risk-based approach with regard to the bodies of water used for the abstraction of water intended for human consumption and domestic distribution systems. Such distribution of responsibilities shall be tailored to their institutional and legal framework.

Amendment 66

Proposal for a directive

Article 7 — paragraph 2

Text proposed by the Commission	Amendment
2. Hazard assessments shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, and updated where necessary.	2. Hazard assessments shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, taking account of the requirement, provided for in Article 7 of Directive 2000/60/EC, for Member States to identify bodies of water , and updated where necessary.

Amendment 67

Proposal for a directive

Article 7 — paragraph 3

Text proposed by the Commission	Amendment
3. Supply risk assessments shall be carried out by very large water suppliers and large water suppliers by [3 years after the end-date for transposition of this Directive], and by small water suppliers by [6 years after the end-date for transposition of this Directive]. They shall be reviewed at regular intervals of no longer than 6 years, and updated where necessary.	3. Supply risk assessments shall be carried out by water suppliers by [6 years after the end-date for transposition of this Directive]. They shall be reviewed at regular intervals of no longer than 6 years, and updated where necessary.

Amendment 68

Proposal for a directive

Article 7 — paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Pursuant to Articles 8 and 9 of this Directive, Member States shall take the necessary corrective measures under the programmes of measures and river basin management plans provided for in Articles 11 and 13 of Directive 2000/60/EC respectively.

Amendment 69

Proposal for a directive

Article 7 — paragraph 4

Text proposed by the Commission	Amendment
4. Domestic distribution risk assessments shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, and updated where necessary.	4. Domestic distribution risk assessments in the premises referred to in Article 10(1) shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, and updated where necessary.

Amendment 70

Proposal for a directive

Article 8 — title

Text proposed by the Commission	Amendment
Hazard assessment of bodies of water used for the abstraction of water intended for human consumption	Hazard assessment , monitoring and management of bodies of water used for the abstraction of water intended for human consumption

Amendment 71

Proposal for a directive

Article 8 — paragraph 1 — introductory part

Text proposed by the Commission

Amendment

1. Without prejudice to Articles 6 and 7 of Directive 2000/60/EC, Member States shall ensure that a hazard assessment is performed covering the bodies of water used for the abstraction of water intended for human consumption that provide more than 10 m3 a day as an average. The hazard assessment shall include the following elements:

1. Without prejudice to Directive 2000/60/EC, in particular Articles 4 to 8, Member States shall , in cooperation with their competent water authorities, ensure that a hazard assessment is performed covering the bodies of water used for the abstraction of water intended for human consumption that provide more than 10 m3 a day as an average. The hazard assessment shall include the following elements:

Amendment 72

Proposal for a directive

Article 8 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)	identification of and geo-references for all abstraction points in the bodies of water covered by the hazard assessment;

(a)

identification of and geo-references for all abstraction points in the bodies or parts of bodies of water covered by the hazard assessment . Given that the data referred to in this point are potentially sensitive, in particular in the context of public health protection, the Member States shall ensure that such data are protected and communicated only to the relevant authorities;

Amendment 73

Proposal for a directive

Article 8 — paragraph 1 — point b

Text proposed by the Commission

Amendment

(b)	mapping of the safeguard zones, where those zones have been established in accordance with Article 7(3) of Directive 2000/60/EC , and the protected areas referred to in Article 6 of that Directive;

(b)	mapping of the safeguard zones, where those zones have been established in accordance with Article 7(3) of Directive 2000/60/EC;

Amendment 216

Proposal for a directive

Article 8 — paragraph 1 — point c

Text proposed by the Commission

Amendment

(c)

identification of hazards and possible pollution sources affecting the bodies of water covered by the hazard assessment. To that end, Member States may use the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive;

(c)

identification of hazards and possible pollution sources affecting the bodies of water covered by the hazard assessment. Such research and identification of pollution sources shall be regularly updated to detect new substances that affect micro-plastics, notably PFAS . To that end, Member States may use the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive;

Amendment 75

Proposal for a directive

Article 8 — paragraph 1 — point d — introductory part

Text proposed by the Commission

Amendment

(d)	regular monitoring in the bodies of water covered by the hazard assessment of relevant pollutants selected from the following lists:

(d)	regular monitoring in the bodies or parts of bodies of water covered by the hazard assessment of pollutants that are relevant for the water supply and that are selected from the following lists:

Amendment 76

Proposal for a directive

Article 8 — paragraph 1 — point d — point iv

Text proposed by the Commission

Amendment

(iv)

other relevant pollutants, such as microplastics, or river basin specific pollutants established by Member States on the basis of the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive.

(iv)

parameters for monitoring purposes only in Part Ca of Annex I, or other relevant pollutants, such as microplastics, provided that a methodology to measure microplastics as specified in Article 11(5b) is in place, or river basin specific pollutants established by Member States on the basis of the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive.

Amendment 77

Proposal for a directive

Article 8 — paragraph 1 — subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	Very small water suppliers may be exempted from the requirements referred to in points (a), (b) and (c) of this paragraph, provided that the competent authority has prior and up to date documented knowledge of the relevant parameters referred to in those points. This exemption shall be reviewed by the competent authority at least every three years and updated where necessary.

Amendment 217

Proposal for a directive

Article 8 — paragraph 1 — subparagraph 3

Text proposed by the Commission	Amendment
For the purpose of the regular monitoring, Member States may use the monitoring carried out in accordance with other Union legislation.	For the purpose of the regular monitoring, as well as for the purpose of detecting new harmful substances through new investigations, Member States may use the monitoring carried out, and the investigation capacity provided for, in accordance with other Union legislation.

Amendment 78

Proposal for a directive

Article 8 — paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall inform water suppliers using the body of water covered by the hazard assessment of the results of the monitoring carried out under paragraph 1(d) and may, on the basis of those monitoring results:

deleted

(a)	require water suppliers to carry out additional monitoring or treatment of certain parameters;

(b)

allow water suppliers to decrease the monitoring frequency of certain parameters, without being required to carry out a supply risk assessment, provided that they are not core parameters within the meaning of Annex II, part B, point 1, and provided that no factor that can be reasonably anticipated is likely to cause deterioration of the quality of the water.

Amendment 79

Proposal for a directive

Article 8 — paragraph 4

Text proposed by the Commission	Amendment
4. In such cases where a water supplier is allowed to decrease the monitoring frequency as referred to in paragraph 2(b), Member States shall continue to regularly monitor those parameters in the body of water covered by the hazard assessment.	deleted

Amendment 80

Proposal for a directive

Article 8 — paragraph 5 — subparagraph 1 — introductory part

Text proposed by the Commission	Amendment
On the basis of the information collected under paragraphs 1 and 2 and gathered under Directive 2000/60/EC, Member States shall take the following measures in cooperation with water suppliers and other stakeholders , or ensure that those measures are taken by the water suppliers :	On the basis of the information collected under paragraphs 1 and 2 and gathered under Directive 2000/60/EC, Member States shall take the following measures in cooperation with water suppliers and other stakeholders:

Amendment 178

Proposal for a directive

Article 8 — paragraph 5 — subparagraph 1 — point a

Text proposed by the Commission

Amendment

(a)	prevention measures to reduce the level of treatment required and to safeguard the water quality, including measures referred to in Article 11(3)(d) of Directive 2000/60/EC;

deleted

Amendment 82

Proposal for a directive

Article 8 — paragraph 5 — subparagraph 1 — point a a (new)

Text proposed by the Commission

Amendment

(aa)

ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take preventive measures to reduce or avoid the level of treatment required and to safeguard the water quality, including measures referred to in point (d) of Article 11(3) of Directive 2000/60/EC as well as additional measures deemed necessary on the basis of the monitoring carried out under point (d) of paragraph 1 of this Article;

Amendment 83

Proposal for a directive

Article 8 — paragraph 5 — subparagraph 1 — point b

Text proposed by the Commission

Amendment

(b)	mitigating measures, which are considered necessary on the basis of the monitoring carried out under paragraph 1(d), in order to identify and address the pollution source.

(b)

mitigating measures, which are considered necessary on the basis of the monitoring carried out under paragraph 1(d), in order to identify and address the pollution source and avoid any additional treatment, when prevention measures are considered not viable or not effective enough to address the pollution source in a timely manner;

Amendment 84

Proposal for a directive

Article 8 — paragraph 5 — subparagraph 1 — point b a (new)

Text proposed by the Commission

Amendment

(ba)	where measures set out in points (aa) and (b) have not been deemed sufficient to provide adequate protection for human health, require water suppliers to carry out additional monitoring of certain parameters at the point of abstraction or treatment, if strictly necessary to prevent health risks.

Amendment 85

Proposal for a directive

Article 8 — paragraph 5 a (new)

Text proposed by the Commission

Amendment

5a. Member States shall inform water suppliers using the body or parts of bodies of water covered by the hazard assessment of the results of the monitoring carried out under point (d) of paragraph 1 and may, on the basis of those monitoring results, and of the information collected under paragraphs 1 and 2 and gathered under Directive 2000/60/EC:

(a)

allow water suppliers to decrease the monitoring frequency of certain parameters, or the number of parameters being monitored, without requiring them to carry out a supply risk assessment, provided that the parameters concerned are not core parameters within the meaning of point 1 of Part B of Annex II, and provided that no factor that can be reasonably anticipated is likely to cause deterioration of the quality of the water;

(b)	where a water supplier is allowed to decrease the monitoring frequency as referred to in point (a), continue to regularly monitor those parameters in the body of water covered by the hazard assessment.

Amendment 86

Proposal for a directive

Article 9 — title

Text proposed by the Commission	Amendment
Supply risk assessment	Supply risk assessment , monitoring and management

Amendment 87

Proposal for a directive

Article 9 — paragraph 1 — subparagraph 1

Text proposed by the Commission	Amendment
Member States shall ensure that water suppliers perform a supply risk assessment providing for the possibility to adjust the monitoring frequency for any parameter listed in Annex I, parts A and B that are not core parameters according to part B of Annex II, depending on their occurrence in the raw water.	Member States shall ensure that water suppliers perform a supply risk assessment in accordance with Part C of Annex II, providing for the possibility to adjust the monitoring frequency for any parameter listed in Annex I, parts A, B and Ba that are not core parameters according to part B of Annex II, depending on their occurrence in the raw water.

Amendment 88

Proposal for a directive

Article 9 — paragraph 1 — subparagraph 2

Text proposed by the Commission	Amendment
For those parameters Member States shall ensure that water suppliers can deviate from the sampling frequencies set out in Annex II, part B, in accordance with the specifications set out in Annex II, part C.	For those parameters Member States shall ensure that water suppliers can deviate from the sampling frequencies set out in Annex II, part B, in accordance with the specifications set out in Part C of Annex II, and depending on their occurrence in the raw water and the treatment set-up .

Amendment 89

Proposal for a directive

Article 9 — paragraph 1 — subparagraph 3

Text proposed by the Commission	Amendment
To that end, water suppliers shall be required to take into account the results of the hazard assessment carried out in accordance with Article 8 of this Directive and of the monitoring carried out pursuant to Article 7(1) and Article 8 of Directive 2000/60/EC.	To that end, water suppliers shall take into account the results of the hazard assessment carried out in accordance with Article 8 of this Directive and of the monitoring carried out pursuant to Article 7(1) and Article 8 of Directive 2000/60/EC.

Amendment 90

Proposal for a directive

Article 9 — paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. Member States may exempt very small water suppliers from paragraph 1, provided that the competent authority has prior and up to date documented knowledge of the relevant parameters and deems there to be no risk to human health as a result of such exemptions, and without prejudice to the authority's obligations under Article 4.

The exemption shall be reviewed by the competent authority every three years or when any new pollution hazard is detected in the catchment area, and updated where necessary.

Amendment 91

Proposal for a directive

Article 9 — paragraph 2

Text proposed by the Commission	Amendment
2. Supply risk assessments shall be approved by the competent authorities .	2. Supply risk assessments shall be the responsibility of the water suppliers who shall ensure that they comply with this Directive. To this end, water suppliers may request the support of competent authorities.
	Member States may require competent authorities to approve or monitor water suppliers' supply risk assessments .

Amendment 92

Proposal for a directive

Article 9 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. On the basis of the results of the supply risk assessment carried out pursuant to paragraph 1, Member States shall ensure that water suppliers establish a water safety plan tailored to the risks identified and proportionate to the size of the water supplier. By way of example, that water safety plan may concern the use of materials in contact with water, water treatment products, possible risks stemming from leaking pipes, or measures to adapt to present and future challenges, such as climate change, and shall be further specified by the Member States.

Amendment 93

Proposal for a directive

Article 10 — title

Text proposed by the Commission	Amendment
Domestic Distribution Risk Assessment	Domestic distribution risk assessment , monitoring and management

Amendment 94

Proposal for a directive

Article 10 — paragraph 1 — introductory part

Text proposed by the Commission	Amendment
1. Member States shall ensure that a domestic distribution risk assessment is performed, comprising the following elements:	1. Member States shall ensure that a domestic distribution risk assessment is performed in priority premises , comprising the following elements:

Amendment 95

Proposal for a directive

Article 10 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)

an assessment of the potential risks associated with the domestic distribution systems, and with the related products and materials, and whether they affect the quality of water at the point where it emerges from the taps normally used for human consumption , in particular where water is supplied to the public in priority premises ;

(a)	an assessment of the potential risks associated with the domestic distribution systems, and with the related products and materials and whether they affect the quality of water at the point where it emerges from the taps normally used for human consumption;

Amendment 96

Proposal for a directive

Article 10 — paragraph 1 — point b — subparagraph 1

Text proposed by the Commission

Amendment

(b)	regular monitoring of the parameters listed in Annex I, part C, in premises where the potential danger to human health is considered highest. Relevant parameters and premises for monitoring shall be selected on the basis of the assessment performed under point (a).

(b)	regular monitoring of the parameters listed in Annex I, part C, in priority premises where specific risks to water quality have been identified during the assessment performed under point (a).

Amendment 97

Proposal for a directive

Article 10 — paragraph 1 — point b — subparagraph 2

Text proposed by the Commission	Amendment
With regard to the regular monitoring referred to in the first subparagraph, Member States may set up a monitoring strategy focusing on priority premises ;	With regard to the regular monitoring , Member States shall ensure access to installations in priority premises for the purposes of sampling and may set up a monitoring strategy, in particular as regards Legionella pneumophila ;

Amendment 98

Proposal for a directive

Article 10 — paragraph 1 — point c

Text proposed by the Commission

Amendment

(c)	a verification of whether the performance of construction products in contact with water intended for human consumption is adequate in relation to the essential characteristics linked to the basic requirement for construction works specified in point 3(e) of Annex I to Regulation (EU) No 305/2011 .

(c)	a verification of whether the performance of products and materials in contact with water intended for human consumption is adequate in relation to the protection of human health .

Amendment 99

Proposal for a directive

Article 10 — paragraph 1 — point c a (new)

Text proposed by the Commission

Amendment

(ca)	a verification of whether the materials used are suitable for contact with water intended for human consumption and whether the requirements specified in Article 11 are met.

Amendment 100

Proposal for a directive

Article 10 — paragraph 2

Text proposed by the Commission

Amendment

2. Where Member States consider, on the basis of the assessment carried out under paragraph 1(a), that there is a risk to human health stemming from the domestic distribution system in priority premises or from the related products and materials, or where monitoring carried out in accordance with paragraph 1(b) demonstrates that the parametric values set out in Annex I, part C, are not met, Member States shall ensure that appropriate measures are taken to eliminate or reduce the risk of non-compliance with the parametric values set out in Part C of Annex I.

(a)	take appropriate measures to eliminate or reduce the risk of non-compliance with the parametric values set out in Annex I, part C;

(b)	take all necessary measures to ensure that the migration of substances or chemicals from construction products used in the preparation or distribution of water intended for human consumption does not, either directly or indirectly, endanger human health;

(c)	take other measures, such as appropriate conditioning techniques, in cooperation with water suppliers, to change the nature or properties of the water before it is supplied so as to eliminate or reduce the risk of non-compliance with the parametric values after supply;

(d)	duly inform and advise consumers about the conditions of consumption and use of the water and about possible action to avoid the risk from reoccurring;

(e)	organise training for plumbers and other professionals dealing with domestic distribution systems and the installation of construction products;

(f)	for Legionella, ensure that effective control and management measures in place to prevent and address possible disease outbreaks.

Amendment 101

Proposal for a directive

Article 10 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. With a view to reducing the risks connected to domestic distribution across all the domestic distribution systems, Member States shall:

(a)	encourage owners of public and private premises to carry out a domestic distribution risk assessment;

(b)	inform consumers and owners of public and private premises about measures to eliminate or reduce the risk of non-compliance with the quality standards for water intended for human consumption due to the domestic distribution system;

(c)	duly inform and advise consumers about the conditions of consumption and use of the water and about possible action to avoid the risk from reoccurring;

(d)	promote training for plumbers and other professionals dealing with domestic distribution systems and the installation of construction products and materials in contact with water; and

(e)	for Legionella, in particular Legionella pneumophila, ensure that effective control and management measures which are proportionate to the risk are in place to prevent and address possible outbreaks of the disease.

Amendment 102

Proposal for a directive

Article 10 a (new)

Text proposed by the Commission

Amendment

Article 10a

Minimum hygiene requirements for products, substances and materials in contact with water intended for human consumption

1. Member States shall take all necessary measures to ensure that substances and materials for the manufacture of all new products in contact with water intended for human consumption, placed on the market and used for abstraction, treatment or distribution, or the impurities associated with such substances:

(a)	do not directly or indirectly reduce the protection of human health provided for in this Directive;

(b)	do not affect the smell or taste of water intended for human consumption;

(c)	are not present in water intended for human consumption at a concentration above the level necessary to achieve the purpose for which they are used; and

(d)	do not promote microbial growth.

2. For the purposes of ensuring the harmonised application of paragraph 1, by … [three years after the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 19 in order to supplement this Directive by laying down the minimum hygiene requirements and the list of substances that are used for production of materials in contact with water intended for human consumption, and are approved in the Union, including specific migration limits and special conditions of use wherever applicable. The Commission shall regularly review and update this list in line with the latest scientific and technological developments.

3. In order to support the Commission in adopting and amending the delegated acts pursuant to paragraph 2, a standing committee shall be set up consisting of representatives appointed by the Member States who may call on the assistance of experts or advisers.

4. Materials in contact with water intended for human consumption, which are covered by other Union legislation, such as Regulation (EU) No 305/2011 of the European Parliament and of Council (1 bis) , shall comply with paragraphs 1 and 2 of this Article.

Amendment 103

Proposal for a directive

Article 11 — paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall take all measures necessary to ensure that regular monitoring of the quality of water intended for human consumption is carried out, in order to check that the water available to consumers meets the requirements of this Directive and in particular the parametric values set in accordance with Article 5. Samples shall be taken so that they are representative of the quality of the water consumed throughout the year. In addition, Member States shall take all measures necessary to ensure that, where disinfection forms part of the preparation or distribution of water intended for human consumption, the efficiency of the disinfection treatment applied is verified, and that any contamination from disinfection by-products is kept as low as possible without compromising the disinfection.

1. Member States shall take all measures necessary to ensure that regular monitoring of the quality of water intended for human consumption is carried out, in order to check that it meets the requirements of this Directive and in particular the parametric values set in accordance with Article 5. Samples shall be taken so that they are representative of the quality of the water consumed throughout the year. In addition, Member States shall take all measures necessary to ensure that, where disinfection forms part of the preparation or distribution of water intended for human consumption, the efficiency of the disinfection treatment applied is verified, and that any contamination from disinfection by-products is kept as low as possible without compromising the disinfection.

Amendment 104

Proposal for a directive

Article 11 — paragraph 5 a (new)

Text proposed by the Commission	Amendment
	5a. Member States shall communicate to the Commission the results of the monitoring carried out in accordance with the monitoring of parameters listed in Part Ca of Annex I by … [three years from the date of entry into force of this Directive], and thereafter once a year.
	The Commission is empowered to adopt delegated acts in accordance with Article 19 in order to amend this Directive by updating the substances included on the watch list set out in Part Ca of Annex I. The Commission may decide to add substances where there is a risk of such substances being present in water intended for human consumption and posing a potential risk to human health, but in respect of which scientific knowledge has not demonstrated a risk to human health. To that end, the Commission shall make use in particular of the scientific research of the WHO. The addition of any new substance shall be duly justified under Article 1 of this Directive.

Amendment 105

Proposal for a directive

Article 11 — paragraph 5 b (new)

Text proposed by the Commission	Amendment
	5b. By … [one year after the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 19 in order to supplement this Directive by adopting a methodology to measure the microplastics listed in the watch list set out in Part Ca of Annex I.

Amendment 106

Proposal for a directive

Article 12 — paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall ensure that any failure to meet the parametric values set in accordance with Article 5 is immediately investigated in order to identify the cause.	1. Member States shall ensure that any failure to meet the parametric values set in accordance with Article 5 at the point of compliance referred to in Article 6 is immediately investigated in order to identify the cause.

Amendment 107

Proposal for a directive

Article 12 — paragraph 2 — subparagraph 2

Text proposed by the Commission	Amendment
In case of non-compliance with the parametric values set out in Annex I, part C, remedial action shall include the measures set out in points (a) to (f) of Article 10(2).	In case of non-compliance with the parametric values set out in Annex I, part C, remedial action shall include the measures set out in Article 10(2 a ).

Amendment 108

Proposal for a directive

Article 12 — paragraph 3 — subparagraph 2

Text proposed by the Commission	Amendment
Member States shall automatically consider any failure to meet the minimum requirements for parametric values set out in Annex I, parts A and B, as a potential danger to human health.	Member States shall consider a failure to meet the minimum requirements for parametric values set out in Annex I, parts A and B, as a potential danger to human health , except where the competent authorities consider the non-compliance with the parametric value to be trivial .

Amendment 109

Proposal for a directive

Article 12 — paragraph 4 — introductory part

Text proposed by the Commission	Amendment
4. In the cases described in paragraphs 2 and 3, Member States shall as soon as possible take all of the following measures:	4. In the cases described in paragraphs 2 and 3, where the non-compliance with the parametric values is considered to be a potential danger to human health, Member States shall as soon as possible take all of the following measures:

Amendment 110

Proposal for a directive

Article 12 — paragraph 4 — subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	The measures referred to in points (a), (b) and (c) shall be taken in cooperation with the water supplier concerned.

Amendment 111

Proposal for a directive

Article 12 — paragraph 5

Text proposed by the Commission	Amendment
5. The competent authorities or other relevant bodies shall decide what action under paragraph 3 shall be taken, bearing in mind the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.	5. Where non-compliance is established at the point of compliance, the competent authorities or other relevant bodies shall decide what action under paragraph 3 shall be taken, bearing in mind the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.

Amendment 112

Proposal for a directive

Article 12 a (new)

Text proposed by the Commission

Amendment

Article 12a

Derogations

1. Member States may provide for derogations from the parametric values set out in Part B of Annex I, or set in accordance with Article 5(2), up to a maximum value to be determined by them, provided that such derogations do not constitute a potential danger to human health and provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means. Such derogations shall be limited to the following cases:

(a)	a new water supply zone;

(b)	a new source of pollution detected in a water supply zone or parameters newly searched or detected.

Derogations shall be limited to as short a time as possible and shall not exceed three years in duration, towards the end of which period Member States shall conduct a review to determine whether sufficient progress has been made.

In exceptional circumstances, a Member State may grant a second derogation in respect of points (a) and (b) of the first subparagraph. Where a Member State intends to grant such a second derogation, it shall communicate the review, along with the grounds for its decision on the second derogation, to the Commission. Such second derogation shall not exceed three years in duration.

2. Any derogation granted in accordance with paragraph 1 shall specify the following:

(a)	the grounds for the derogation;

(b)	the parameter concerned, previous relevant monitoring results, and the maximum permissible value under the derogation;

(c)	the geographical area, the quantity of water supplied each day, the population concerned and whether or not any relevant food-production undertaking would be affected;

(d)	an appropriate monitoring scheme, with an increased monitoring frequency where necessary;

(e)	a summary of the plan for the necessary remedial action, including a timetable for the work and an estimate of the cost and provisions for reviewing; and

(f)	the required duration of the derogation.

3. If the competent authorities consider the non-compliance with the parametric value to be trivial, and if action taken in accordance with Article 12(2) is sufficient to remedy the problem within 30 days, the information provided for in paragraph 2 of this Article need not be specified in the derogation.

In that event, only the maximum permissible value for the parameter concerned and the time allowed to remedy the problem shall be set by the competent authorities or other relevant bodies in the derogation.

4. Recourse may no longer be had to paragraph 3, if failure to comply with any one parametric value for a given water supply has occurred on more than 30 days on aggregate during the previous 12 months.

5. Any Member State which has had recourse to the derogations provided for in this Article shall ensure that the population affected by any such derogation is promptly informed in an appropriate manner of the derogation and of the conditions governing it. In addition, the Member State shall, where necessary, ensure that advice is given to particular population groups for which the derogation could present a special risk.

The obligations referred to in the first subparagraph shall not apply in the circumstances described in paragraph 3 unless the competent authorities decide otherwise.

6. With the exception of derogations granted in accordance with paragraph 3, a Member State shall inform the Commission within two months of any derogation concerning an individual supply of water exceeding 1 000 m3 a day as an average or serving more than 5 000 people, including the information specified in paragraph 2.

7. This Article shall not apply to water intended for human consumption offered for sale in bottles or containers.

Amendments 113, 165, 191, 208, 166, 192, 169, 195, 170, 196, 197, 220

Proposal for a directive

Article 13 — paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to Article 9 of Directive 2000/60/EC, Member States shall take all necessary measures to improve access for all to water intended for human consumption and promote its use on their territory. This shall include all of the following measures:

1. Without prejudice to Article 9 of Directive 2000/60/EC and to the principles of subsidiarity and proportionality , Member States shall , whilst taking into account the local and regional perspectives and circumstances for water distribution, take all necessary measures to improve universal access for all to water intended for human consumption and promote its use on their territory.

(a)

identifying people without access to water intended for human consumption and reasons for lack of access (such as belonging to a vulnerable and marginalised group) , assessing possibilities to improve access for those people and informing them about possibilities of connecting to the distribution network or about alternative means to have access to such water;

(a)

identifying people without access , or with limited access, to water intended for human consumption , including vulnerable and marginalised groups, and reasons for lack of access, assessing possibilities and taking actions to improve access for those people and informing them about possibilities of connecting to the distribution network or about alternative means to have access to such water;

(aa)	ensuring the public supply of water intended for human consumption;

(b)	setting up and maintaining outdoors and indoors equipment for free access to water intended for human consumption in public spaces;

(b)

setting up and maintaining outdoors and indoors equipment , including refill points, for free access to water intended for human consumption in public spaces , particularly in areas of high footfall ; this shall be done where technically feasible, in a manner that is proportionate to the need for such measures and taking into account specific local conditions, such as climate and geography;

(c)	promoting water intended for human consumption by:

(c)	promoting water intended for human consumption by:

(i)	launching campaigns to inform citizens about the quality of such water;

(i)	launching campaigns to inform citizens about the high quality of tap water and to raise awareness of the nearest designated refill point ;

(ia)	launching campaigns to encourage the general public to carry reusable water bottles and launching initiatives to raise awareness of the location of refill points;

(ii)	encouraging the provision of such water in administrations and public buildings;

(ii)	ensuring the free provision of such water in administrations and public buildings , as well as discouraging the use of water put in single use plastic bottles or containers in such administrations and buildings ;

(iii)

encouraging the free provision of such water in restaurants, canteens, and catering services.

(iii)

encouraging the provision of such water for free or for a low service fee, for customers in restaurants, canteens, and catering services.

Amendment 114

Proposal for a directive

Article 13 — paragraph 2 — subparagraph 1

Text proposed by the Commission	Amendment
On the basis of the information gathered under paragraph 1(a), Member States shall take all necessary measures to ensure access to water intended for human consumption for vulnerable and marginalised groups.	On the basis of the information gathered under paragraph 1(a), Member States shall take measures that they consider necessary and appropriate to ensure access to water intended for human consumption for vulnerable and marginalised groups.

Amendments 173, 199 and 209

Proposal for a directive

Article 13 — paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Where obligations laid down in this Article are incumbent on local public authorities under national law, Member States shall ensure that such authorities have the means and resources to ensure access to water intended for human consumption and that any measures in that regard are proportionate to the capacities and size of the distribution network concerned.

Amendments 174, 200 and 210

Proposal for a directive

Article 13 — paragraph 2 b (new)

Text proposed by the Commission

Amendment

2b. Taking into account the data collected under the provisions set out in point (a) of Article 15(1), the Commission shall collaborate with Member States and the European Investment Bank to support municipalities in the Union which lack the necessary capital in order to enable them to access technical assistance, available Union funding and long-term loans at a preferential interest rate, particularly for the purpose of maintaining and renewing water infrastructure in order to ensure the provision of high quality water, and to extend water and sanitation services to vulnerable and marginalised population groups.

Amendment 116

Proposal for a directive

Article 14 — paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall ensure that adequate and up-to-date information on water intended for human consumption is available online to all persons supplied, in accordance with Annex IV.	1. Member States shall ensure that adequate, up-to-date and accessible information on water intended for human consumption is available, online or in other user-friendly ways , to all persons supplied, in accordance with Annex IV , while complying with applicable data protection rules .

Amendment 117

Proposal for a directive

Article 14 — paragraph 2 — subparagraph 1 — introductory part

Text proposed by the Commission	Amendment
Member States shall ensure that all persons supplied receive regularly and at least once a year, and in the most appropriate form (for instance on their invoice or by smart applications) without having to request it, the following information:	Member States shall ensure that all persons supplied receive regularly and at least once a year, and in the most appropriate and easily accessible form (for instance on their invoice or by smart applications) as determined by the competent authorities, the following information:

Amendment 118

Proposal for a directive

Article 14 — paragraph 2 — subparagraph 1 — point a — introductory part

Text proposed by the Commission

Amendment

(a)	information on the cost structure of the tariff charged per cubic metre of water intended for human consumption, including fixed and variable costs , presenting at least costs related to the following elements :

(a)	where costs are recovered through a tariff system, information on the tariff charged per cubic metre of water intended for human consumption, including the distribution of fixed and variable costs;

Amendment 119

Proposal for a directive

Article 14 — paragraph 2 — subparagraph 1 — point a — point i

Text proposed by the Commission

Amendment

(i)	measures taken by water suppliers for the purposes of the hazard assessment pursuant to Article 8(5);

deleted

Amendment 120

Proposal for a directive

Article 14 — paragraph 2 — subparagraph 1 — point a — point ii

Text proposed by the Commission

Amendment

(ii)	treatment and distribution of water intended for human consumption;

deleted

Amendment 121

Proposal for a directive

Article 14 — paragraph 2 — subparagraph 1 — point a — point iii

Text proposed by the Commission

Amendment

(iii)

waste water collection and treatment;

deleted

Amendment 122

Proposal for a directive

Article 14 — paragraph 2 — subparagraph 1 — point a — point iv

Text proposed by the Commission

Amendment

(iv)	measures taken pursuant to Article 13, in case such measures have been taken by water suppliers;

deleted

Amendment 123

Proposal for a directive

Article 14 — paragraph 2 — subparagraph 1 — point a a (new)

Text proposed by the Commission

Amendment

(aa)	information on the quality of water intended for human consumption, including the indicator parameters;

Amendment 124

Proposal for a directive

Article 14 — paragraph 2 — subparagraph 1 — point b

Text proposed by the Commission

Amendment

(b)	the price of water intended for human consumption supplied per litre and cubic metre;

(b)

where the costs are recovered through a tariff system, the price of the supply of water intended for human consumption per cubic metre , and the price invoiced per litre; where the costs are not recovered through a tariff system, the total annual costs borne by the water system to ensure compliance with this Directive, accompanied by contextual and relevant information on how water intended for human consumption is supplied to the area;

Amendment 125

Proposal for a directive

Article 14 — paragraph 2 — subparagraph 1 — point b a (new)

Text proposed by the Commission

Amendment

(ba)	the treatment and distribution of water intended for human consumption;

Amendment 126

Proposal for a directive

Article 14 — paragraph 2 — subparagraph 1 — point c

Text proposed by the Commission

Amendment

(c)	the volume consumed by the household, at least per year or per billing period, together with yearly trends of consumption;

(c)	the volume consumed by the household, at least per year or per billing period, together with yearly trends of household consumption , if technically feasible and only if this information is available to the water supplier ;

Amendment 127

Proposal for a directive

Article 14 — paragraph 2 — subparagraph 1 — point d

Text proposed by the Commission

Amendment

(d)	comparisons of the yearly water consumption of the household with an average consumption for a household in the same category ;

(d)	comparisons of the yearly water consumption of the household with an average consumption for a household , when applicable in accordance with point (c) ;

Amendment 128

Proposal for a directive

Article 14 — paragraph 2 — subparagraph 2

Text proposed by the Commission

Amendment

The Commission may adopt implementing acts specifying the format of, and modalities to present, the information to be provided under the first subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 20(2).

Member States shall set out a clear division of responsibilities with regard to the provision of information under the first subparagraph between water suppliers, stakeholders and competent local bodies. The Commission is empowered to adopt delegated acts in accordance with Article 19 supplementing this Directive by specifying the format of, and modalities to present, the information to be provided under the first subparagraph.

Amendment 129

Proposal for a directive

Article 15 — paragraph 1 — subparagraph 1 — point d

Text proposed by the Commission

Amendment

(d)

set up, and update annually thereafter, a data set containing information on drinking water incidents that have caused potential danger to human health, regardless of whether any failure to meet the parametric values occurred, that lasted for more than 10 consecutive days and that affected at least 1 000 people, including the causes of those incidents and remedial actions taken in accordance with Article 12.

(d)

set up, and update annually thereafter, a data set containing information on drinking water incidents that have caused potential risk to human health, regardless of whether any failure to meet the parametric values occurred, that lasted for more than 10 consecutive days and that affected at least 1 000 people, including the causes of those incidents and remedial actions taken in accordance with Article 12.

Amendment 130

Proposal for a directive

Article 15 — paragraph 4 — subparagraph 1

Text proposed by the Commission	Amendment
4. The Commission may adopt implementing acts specifying the format of, and modalities to present, the information to be provided in accordance with paragraphs 1 and 3, including detailed requirements regarding the indicators, the Union-wide overview maps and the Member State overview reports referred to in paragraph 3.	4. The Commission is empowered to adopt delegated acts in accordance with Article 19 supplementing this Directive by specifying the format of, and modalities to present, the information to be provided in accordance with paragraphs 1 and 3, including detailed requirements regarding the indicators, the Union-wide overview maps and the Member State overview reports referred to in paragraph 3.

Amendment 131

Proposal for a directive

Article 15 — paragraph 4 — subparagraph 2

Text proposed by the Commission	Amendment
The implementing acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 20(2).	deleted

Amendment 132

Proposal for a directive

Article 17 — paragraph 2 — point b

Text proposed by the Commission

Amendment

(b)	provisions related to access to water set out in Article 13;

(b)	provisions related to access to water set out in Article 13 and the share of the population without access to water ;

Amendment 133

Proposal for a directive

Article 17 — paragraph 2 — point c

Text proposed by the Commission

Amendment

(c)	provisions concerning the information to be provided to the public under Article 14 and Annex IV.

(c)	provisions concerning the information to be provided to the public under Article 14 and Annex IV, including a user friendly overview at Union level of the information listed in point 7 of Annex IV .

Amendment 134

Proposal for a directive

Article 17 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The Commission shall, no later than … [five years after the final deadline for transposition of this Directive] — and afterwards where appropriate — submit a report to the European Parliament and to the Council on the potential threat to sources of water intended for human consumption from microplastics, medicines and, if necessary, other newly occurring pollutants and on the appropriate associated potential health risks. The Commission is empowered to adopt, if necessary, delegated acts in accordance with Article 19 in order to supplement this Directive by establishing maximum levels for microplastics, medicinal products and other newly occurring pollutants in water intended for human consumption.

Amendment 135

Proposal for a directive

Article 18 — paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. By … [five years after the date of entry into force of this Directive], the Commission shall review whether Article 10a has led to a sufficient level of harmonisation of hygienic requirements on materials and products in contact with water intended for human consumption and, if necessary, take further appropriate measures.

Amendment 136

Proposal for a directive

Article 23 — paragraph 2

Text proposed by the Commission	Amendment
2. Derogations granted by Member States in accordance with Article 9 of Directive 98/83/EC that are still applicable by [end-date for transposition of this Directive] shall remain applicable until the end of their duration. They may not be renewed further.	2. Derogations granted by Member States in accordance with Article 9 of Directive 98/83/EC that are still applicable by [end-date for transposition of this Directive] shall remain applicable until the end of their duration.

Amendment 179

Proposal for a directive

Annex I — part A — table

Text proposed by the Commission

Parameter	Parametric value	Unit
Clostridium perfringens spores	0	Number/100 ml
Coliform bacteria	0	Number/100 ml
Enterococci	0	Number/100 ml
Escherichia coli (E. coli)	0	Number/100 ml
Heterotrophic plate counts (HPC) 22oC	No abnormal change
Somatic coliphages	0	Number/100 ml
Turbidity	< 1	NTU

Amendment

Parameter	Parametric value	Parameter
Clostridium perfringens spores	0	Number/100 ml
Enterococci	0	Number/100 ml
Escherichia coli (E. coli)	0	Number/100 ml
Somatic coliphages	0	Number/100 ml
Note	The parameters set out in this Part shall not apply to spring and mineral waters in accordance with Directive 2009/54/EC .

Amendments 138 and 180

Proposal for a directive

Annex I — part B — table

Text proposed by the Commission

Chemical parameters

Parameter

Parametric value

Unit

Notes

Acrylamide

0,10

μg/l

The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water.

Antimony

5,0

μg/l

Arsenic

μg/l

Benzene

1,0

μg/l

Benzo(a)pyrene

0,010

μg/l

Beta-estradiol (50-28-2)

0,001

μg/l

Bisphenol A

0,01

μg/l

Boron

1,0

mg/l

Bromate

μg/l

Cadmium

5,0

μg/l

Chlorate

0,25

mg/l

Chlorite

0,25

mg/l

Chromium

μg/l

The value shall be met, at the latest, by [10 years after the entry into force of this Directive]. The parametric value for chromium until that date is 50 μg/l.

Copper

2,0

mg/l

Cyanide

μg/l

1,2-dichloroethane

3,0

μg/l

Epichlorohydrin

0,10

μg/l

Fluoride

1,5

mg/l

Haloacetic acids (HAAs)

μg/l

Sum of the following nine representative substances: monochloro-, dichloro-, and trichloro-acetic acid, mono- and dibromo-acetic acid, bromochloroacetic acid, bromodichloroacetic acid, dibromochloroaetic acid and tribromoacetic acid.

Lead

μg/l

The value shall be met, at the latest, by [10 years after the entry into force of this Directive]. The parametric value for lead until that date is 10 μg/l.

Mercury

1,0

μg/l

Microcystin-LR

μg/l

Nickel

μg/l

Nitrate

mg/l

Member States shall ensure that the condition [nitrate]/50 + [nitrite]/3 ≤ 1, where the square brackets signify the concentrations in mg/l for nitrate (NO3) and nitrite (NO2), is complied with and that the value of 0,10 mg/l for nitrites is complied with ex water treatment works.

Nitrite

0,50

mg/l

Nonylphenol

0,3

μg/l

Pesticides

0,10

μg/l

'Pesticides' means:

organic insecticides,

organic herbicides,

organic fungicides,

organic nematocides,

organic acaricides,

organic algicides,

organic rodenticides

organic slimicides,

related products (inter alia, growth regulators) and their relevant metabolites as defined in Article 3(32) of Regulation (EC) No 1107/2009 (2).

The parametric value applies to each individual pesticide.

In the case of aldrin, dieldrin, heptachlor and heptachlor epoxide, the parametric value is 0,030 μg/l.

Pesticides — Total

0,50

μg/l

'Pesticides — Total' means the sum of all individual pesticides, as defined in the previous row, detected and quantified in the monitoring procedure.

PFAS

0,10

μg/l

'PFAS' means each individual per- and polyfluoroalkyl substance (chemical formula: CnF2n+1–R).

PFASs — Total

0,50

μg/l

'PFASs Total' means the sum of per- and polyfluoroalkyl substances (chemical formula: CnF2n+1–R).

Polycyclic aromatic hydrocarbons

0,10

μg/l

Sum of concentrations of the following specified compounds: benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene, and indeno(1,2,3-cd)pyrene.

Selenium

μg/l

Tetrachloroethene and trichloroethene

μg/l

Sum of concentrations of specified parameters

Trihalomethanes — Total

100

μg/l

Where possible, without compromising disinfection, Member States shall strive for a lower value.

Sum of concentrations of the following specified compounds: chloroform, bromoform, dibromochloromethane, bromodichloromethane.

Uranium

μg/l

Vinyl chloride

0,50

μg/l

Amendment

Chemical parameters

Parameter

Parametric value

Unit

Notes

Acrylamide

0,10

μg/l

Antimony

5,0

μg/l

Arsenic

μg/l

Benzene

1,0

μg/l

Benzo(a)pyrene

0,010

μg/l

Beta-estradiol (50-28-2)

0,001

μg/l

Bisphenol A

0,1

μg/l

Boron

1,5

mg/l

Bromate

μg/l

Cadmium

5,0

μg/l

Chlorate

0,25

mg/l

Chlorite

0,25

mg/l

Chromium

μg/l

The value shall be met, at the latest, by [10 years after the entry into force of this Directive]. The parametric value for chromium until that date is 50 μg/l.

Copper

2,0

mg/l

Cyanide

μg/l

1,2-dichloroethane

3,0

μg/l

Epichlorohydrin

0,10

μg/l

Fluoride

1,5

mg/l

Haloacetic acids (HAAs)

μg/l

Lead

μg/l

The value shall be met, at the latest, by [10 years after the entry into force of this Directive]. The parametric value for lead until that date is 10 μg/l.

Mercury

1,0

μg/l

Microcystin-LR

μg/l

Nickel

μg/l

Nitrate

mg/l

Nitrite

0,50

mg/l

Nonylphenol

0,3

μg/l

Pesticides

0,10

μg/l

'Pesticides' means:

organic insecticides,

organic herbicides,

organic fungicides,

organic nematocides,

organic acaricides,

organic algicides,

organic rodenticides

organic slimicides,

related products (inter alia, growth regulators) and their relevant metabolites as defined in Article 3(32) of Regulation (EC) No 1107/2009 (3).

The parametric value applies to each individual pesticide.

In the case of aldrin, dieldrin, heptachlor and heptachlor epoxide, the parametric value is 0,030 μg/l.

Pesticides — Total

0,50

μg/l

'Pesticides — Total' means the sum of all individual pesticides, as defined in the previous row, detected and quantified in the monitoring procedure.

PFAS

0,10

μg/l

'PFAS' means each individual per- and polyfluoroalkyl substance (chemical formula: CnF2n+1–R).

The formula shall also introduce a differentiation between 'long-chain' and 'short-chain' PFASs. This Directive shall apply only to 'long-chain' PFASs.

This parametric value for individual PFAS substances shall only apply to those PFAS substances, which are likely to be present and which are hazardous to human health, according to the hazard assessment referred to in Article 8 of this Directive.

PFASs — Total

0,50

μg/l

'PFASs Total' means the sum of per- and polyfluoroalkyl substances (chemical formula: CnF2n+1–R).

This parametric value for PFASs Total shall only apply to those PFAS substances, which are likely to be present and which are hazardous to human health, according to the hazard assessment referred to in Article 8 of this Directive.

Polycyclic aromatic hydrocarbons

0,10

μg/l

Sum of concentrations of the following specified compounds: benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene, and indeno(1,2,3-cd)pyrene.

Selenium

μg/l

Tetrachloroethene and trichloroethene

μg/l

Sum of concentrations of specified parameters

Trihalomethanes — Total

100

μg/l

Where possible, without compromising disinfection, Member States shall strive for a lower value.

Sum of concentrations of the following specified compounds: chloroform, bromoform, dibromochloromethane, bromodichloromethane.

Uranium

μg/l

Vinyl chloride

0,50

μg/l

Amendment 139

Proposal for a directive

Annex I — Part B a (new)

Text proposed by the Commission

Amendment

Indicator parameters
Parameter	Parametric value	Unit	Notes
Aluminium	200	μg/l
Ammonium	0,50	mg/l
Chloride	250	mg/l	Note 1
Colour	Acceptable to consumers and no abnormal change
Conductivity	2 500	μS cm-1 at 20oC	Note 1
Hydrogen ion concentration	≥ 6,5 and ≤ 9,5	pH units	Notes 1 and 3
Iron	200	μg/l
Manganese	50	μg/l
Odour	Acceptable to consumers and no abnormal change
Sulphates	250	mg/l	Note 1
Sodium	200	mg/l
Taste	Acceptable to consumers and no abnormal change
Colony count at 22oC	No abnormal change
Coliform bacteria	0	Number/100 ml
Total organic carbon (TOC)	No abnormal change
Turbidity	Acceptable to consumers and no abnormal change

Note 1:

The water should not be aggressive.

Note 2:

This parameter need not be measured unless the water originates from or is influenced by surface water. In the event of non-compliance with this parametric value, the Member State concerned shall investigate the supply to ensure that there is no potential danger to human health arising from the presence of pathogenic micro-organisms, e.g. cryptosporidium.

Note 3:

For still water put into bottles or containers, the minimum value may be reduced to 4,5 pH units.

For water put into bottles or containers which is naturally rich in or artificially enriched with carbon dioxide, the minimum value may be lower.

Amendment 140

Proposal for a directive

Annex I — Part C

Text proposed by the Commission

Parameters relevant for the domestic distribution risk assessment
Parameter	Parametric value	Unit	Notes
Legionella	< 1 000	Number/l	If the parametric value <1 000 /l is not met for Legionella, resampling for Legionella pneumophila shall be done. If Legionella pneumophila is not present, the parametric value for Legionella is <10 000 /l.
Lead	5	μg/l	The value shall be met, at the latest, by … [ten years after the date of entry into force of this Directive]. The parametric value for lead until that date is 10 μg/l.

Amendment

Parameters relevant for the domestic distribution risk assessment
Parameter	Parametric value	Unit	Notes
Legionella pneumophila	< 1 000	Number/l
Legionella	< 10 000	Number/l	If Legionella pneumophila, whose parametric value is < 1 000 /l, is not present, the parametric value for Legionella shall be <10 000 /l.
Lead	5	μg/l	The value shall be met, at the latest, by … [ten years after the date of entry into force of this Directive]. The parametric value for lead until that date shall be 10 μg/l.

Amendment 141

Proposal for a directive

Annex I — Part C a (new)

Text proposed by the Commission

Amendment

Emerging parameters under monitoring
Microplastics		The monitoring shall be carried out in accordance with the methodology for measuring microplastics laid down in the delegated act referred to in Article 11(5b)

Amendment 142

Proposal for a directive

Annex II — part B — point 1 — paragraph 1

Text proposed by the Commission	Amendment
Escherichia coli (E. coli) , Clostridium perfringens spores, and somatic coliphages are considered 'core parameters' and may not be subject to a supply risk assessment in accordance with part C of this Annex. They shall always be monitored at the frequencies set out in Table 1 of point 2.	Escherichia coli (E. coli) and enterococci are considered 'core parameters' and may not be subject to a supply risk assessment in accordance with part C of this Annex. They shall always be monitored at the frequencies set out in Table 1 of point 2.

Amendment 186

Proposal for a directive

Annex II — Part B — point 2

Text proposed by the Commission

Sampling frequencies

All parameters set in accordance with Article 5 shall be monitored at least at the frequencies set out in the following Table, unless a different sampling frequency is determined on the basis of a supply risk assessment carried out in accordance with Article 9 and part C of this Annex:

Table 1

Minimum frequency of sampling and analysis for compliance monitoring

Volume (m3) of water distributed or produced each day within a supply zone

Minimum number of samples per year

≤ 100

> 100 ≤ 1 000

> 1 000 ≤ 10 000

>10 000 ≤ 100 000

>100 000

10 (a)

50 (b)

365

Note 1: A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and water quality may be considered as being approximately uniform

Note 2: The volumes are calculated as averages taken over a calendar year. The number of inhabitants in a supply zone may be used instead of the volume of water to determine the minimum frequency, assuming water consumption of 200 l/(day*capita).

Note 3: Member States that have decided to exempt individual supplies under Article 3(2)(b) of this Directive shall apply these frequencies only for supply zones that distribute between 10 and 100 m 3 per day

Amendment

Sampling frequencies

Table 1

Minimum frequency of sampling and analysis for compliance monitoring

Volume of water distributed or produced each day within a supply zone (See Notes 1 and 2) m3		Group A parameter (microbiological parameter) - number of samples per year (See Note 3)	Group B parameter (chemical parameter) - number of samples per year
	≤ 100	> 0 (See Note 4)	> 0 (See Note 4)
> 100	≤ 1 000	4	1
> 1 000	≤ 10 000	4 + 3 For each 1 000 m3/d and part thereof of the total volume	1 +1 For each 1 000 m3/d and part thereof of the total volume
> 10 000	≤ 100 000		3 + 1 for each 10 000 m3/day and part thereof of the total volume
> 100 000			12 + 1 for each 25 000 m3/day and part thereof of the total volume

Note 3: The frequency indicated is calculated as follows: e.g. 4 300 m 3 /day = 16 samples (four for the first 1 000 m 3 /day + 12 for additional 3 300 m 3 /day).

Note 4 : Member States that have decided to exempt individual supplies under Article 3(2)(b) of this Directive shall apply these frequencies only for supply zones that distribute between 10 and 100 m 3 per day.

Amendment 144

Proposal for a directive

Annex II — part D — point 2 a (new)

Text proposed by the Commission

Amendment

2a.	samples for Legionella in domestic distribution systems shall be taken at risk points for proliferation of and/or exposure to Legionella pneumophila. Member States shall establish guidelines for sampling methods for Legionella;

Amendment 145

Proposal for a directive

Annex II a (new)

Text proposed by the Commission

Amendment

Minimum hygiene requirements for substances and materials for the manufacture of new products coming into contact with water intended for human consumption:

(a)	a list of substances approved for use in the manufacture of materials, including, but not limited to, organic materials, elastomers, silicones, metals, cement, ion exchange resins and composite materials, and products made therefrom.

(b)	specific requirements for the use of substances in materials and products made therefrom.

(c)	specific restrictions on the migration of certain substances into water intended for human consumption.

(d)	hygiene rules regarding other properties required for compliance.

(e)	basic rules to verify compliance with points (a) to (d).

(f)	rules concerning sampling and analysis methods to verify compliance with points (a) to (d).

Amendments 177 and 224

Proposal for a directive

Annex III — part B — point 1 — table 1 — row 28

Text proposed by the Commission

PFASs

Amendment

PFASs

Amendment 146

Proposal for a directive

Annex IV — title

Text proposed by the Commission	Amendment
INFORMATION TO THE PUBLIC TO BE PROVIDED ONLINE	INFORMATION TO THE PUBLIC

Amendment 147

Proposal for a directive

Annex IV — paragraph 1 — introductory part

Text proposed by the Commission	Amendment
The following information shall be accessible to consumers on-line in a user-friendly and customized way :	The following information shall be accessible to consumers on-line or in equally user-friendly and customized ways :

Amendment 148

Proposal for a directive

Annex IV — paragraph 1 — point 1

Text proposed by the Commission

Amendment

(1)	identification of the relevant water supplier;

(1)	identification of the relevant water supplier , the area and number of people supplied, and the method of water production ;

Amendment 149

Proposal for a directive

Annex IV — paragraph 1 — point 2 — introductory part

Text proposed by the Commission

Amendment

(2)

the most recent monitoring results for parameters listed in Annex I, parts A and B, including frequency and location of sampling points , relevant to the area of interest to the person supplied, together with the parametric value set in accordance with Article 5. The monitoring results must not be older than:

(2)

a review of the most recent monitoring results per water supplier, for parameters listed in Annex I, parts A, B and Ba , including frequency relevant to the area of interest to the person supplied, together with and the parametric value set in accordance with Article 5.The monitoring results must not be older than:

Amendment 202

Proposal for a directive

Annex IV — paragraph 1 — point 2 — point b

Text proposed by the Commission

Amendment

(b)	six months for large water suppliers;

(b)	six months for medium and large water suppliers;

Amendment 203

Proposal for a directive

Annex IV — paragraph 1 — point 2 — point c

Text proposed by the Commission

Amendment

(c)	one year for small water suppliers;

(c)	one year for very small and small water suppliers;

Amendment 150

Proposal for a directive

Annex IV — paragraph 1 — point 3

Text proposed by the Commission

Amendment

(3)	in case of exceedance of the parametric values set in accordance with Article 5, information on the potential danger to human health and the associated health and consumption advice or a hyperlink providing access to such information;

(3)

in case of potential danger to human health as determined by competent authorities following an exceedance of the parametric values set in accordance with Article 5, information on the potential danger to human health and the associated health and consumption advice or a hyperlink providing access to such information;

Amendment 151

Proposal for a directive

Annex IV — paragraph 1 — point 4

Text proposed by the Commission

Amendment

(4)	a summary of the relevant supply risk assessment;

deleted

Amendment 152

Proposal for a directive

Annex IV — paragraph 1 — point 5

Text proposed by the Commission

Amendment

(5)	information on the following indicator parameters and associated parametric values:

(5)	information on the indicator parameters listed in part Ba of Annex 1 and associated parametric values;

(a)

Colour;

(b)	pH (Hydrogen ion concentration);

(c)	Conductivity;

(d)

Iron;

(e)	Manganese;

(f)

Odour;

(g)

Taste;

(h)

Hardness;

(i)	Minerals, anions/cations dissolved in water:

—	Borate BO3-

—	Carbonate CO3 2-

—	Chloride Cl-

—	Fluoride F-

—	Hydrogen Carbonate HCO3-

—	Nitrate NO3-

—	Nitrite NO2-

—	Phosphate PO4 3-

—	Silicate SiO2

—	Sulphate SO4 2-

—	Sulphide S2-

—	Aluminium Al

—	Ammonium NH4+

—	Calcium Ca

—	Magnesium Mg

—	Potassium K

—

Sodium Na

Those parametric values and other non-ionised compounds and trace elements may be displayed with a reference value and/or an explanation;

Amendment 153

Proposal for a directive

Annex IV — paragraph 1 — point 6

Text proposed by the Commission

Amendment

(6)	advice to consumers including on how to reduce water consumption;

(6)	advice to consumers including on how to reduce water consumption where appropriate and use water responsibly according to local conditions ;

Amendment 154

Proposal for a directive

Annex IV — paragraph 1 — point 7

Text proposed by the Commission

Amendment

(7)	for very large water suppliers, annual information on:

(7)	for large and very large water suppliers, annual information on:

Amendment 155

Proposal for a directive

Annex IV — paragraph 1 — point 7 — point a

Text proposed by the Commission

Amendment

(a)	the overall performance of the water system in terms of efficiency, including leakage rates and energy consumption per cubic meter of delivered water;

(a)	the overall performance of the water system in terms of efficiency, including leakage levels as determined by the Member States ;

Amendment 156

Proposal for a directive

Annex IV — paragraph 1 — point 7 — point b

Text proposed by the Commission

Amendment

(b)	information on management and governance of the water supplier , including the composition of the board;

(b)	information on management model and the ownership structure of the water supply by the water supplier

Amendment 157

Proposal for a directive

Annex IV — paragraph 1 — point 7 — point d

Text proposed by the Commission

Amendment

(d)

information on the cost structure of the tariff charged to consumers per cubic meter of water, including fixed and variable costs, presenting at least costs related to energy use per cubic meter of delivered water, measures taken by water suppliers for the purposes of the hazard assessment pursuant to Article 8(4), treatment and distribution of water intended for human consumption , waste water collection and treatment , and costs related to measures for the purposes of Article 13, where such measures have been taken by water suppliers;

(d)

where costs are recovered through a tariff system, information on the structure of the tariff per cubic meter of water, including fixed and variable costs as well as costs related to measures taken by water suppliers for the purposes of the hazard assessment pursuant to Article 8(4), treatment and distribution of water intended for human consumption, and costs related to measures for the purposes of Article 13, where such measures have been taken by water suppliers;

Amendment 158

Proposal for a directive

Annex IV — paragraph 1 — point 7 — point e

Text proposed by the Commission

Amendment

(e)	the amount of investment considered necessary by the supplier to ensure the financial sustainability of the provision of water services (including maintenance of infrastructure) and the amount of investment actually received or recouped ;

(e)	the amount of investment undertaken, under way and planned, as well as the financing plan ;

Amendment 159

Proposal for a directive

Annex IV — paragraph 1 — point 7 — point g

Text proposed by the Commission

Amendment

(g)	summary and statistics of consumer complaints, and of timeliness and adequacy of responses to problems ;

(g)	summary and statistics of consumer complaints, and how they are resolved ;

Amendment 160

Proposal for a directive

Annex IV — paragraph 1 — point 8

Text proposed by the Commission

Amendment

(8)	access to historical data for information under points (2) and (3), dating back up to 10 years, upon request.

(8)	access to historical data for information under points (2) and (3), dating back up to 10 years, and not earlier than the date of transposition of this Directive upon request.

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0288/2018).

(1a) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

(68) Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (Recast) (OJ L 164, 26.6.2009, p. 45).

(69) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

(70) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

(68) Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (Recast) (OJ L 164, 26.6.2009, p. 45).

(69) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

(71) COM(2014)0177

(72) SWD(2016)0428

(73) Special report of the European Court of Auditors SR 12/2017: 'Implementing the Drinking Water Directive: water quality and access to it improved in Bulgaria, Hungary and Romania, but investment needs remains substantial'.

(71) COM(2014)0177

(72) SWD(2016)0428

(76) Guidelines for drinking water quality, Fourth Edition, World Health Organisation, 2011 http://www.who.int/water_sanitation_health/publications/2011/dwq_guidelines/en/index.html

(77) Water Safety Plan Manual: step-by-step risk management for drinking water suppliers, World Health Organisation, 2009, http://apps.who.int/iris/bitstream/10665/75141/1/9789241562638_eng.pdf

(76) Guidelines for drinking water quality, Fourth Edition, World Health Organisation, 2011 http://www.who.int/water_sanitation_health/publications/2011/dwq_guidelines/en/index.html

(77) Water Safety Plan Manual: step-by-step risk management for drinking water suppliers, World Health Organisation, 2009, http://apps.who.int/iris/bitstream/10665/75141/1/9789241562638_eng.pdf

(78) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

(79) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5).

(80) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).

(81) 'Legionella and the prevention of Legionellosis', World Health Organisation, 2007, http://www.who.int/water_sanitation_health/emerging/legionella.pdf

(82) SWD(2016)0185

(83) COM(2014)0177

(84) COM(2014)0177, p. 12.

(85) Interinstitutional Proclamation on the European Pillar of Social Rights (2017/C 428/09) of 17 November 2017 (OJ C 428, 13.12.2017, p. 10).

(83) COM(2014)0177

(84) COM(2014)0177, p. 12.

(85) Interinstitutional Proclamation on the European Pillar of Social Rights (2017/C 428/09) of 17 November 2017 (OJ C 428, 13.12.2017, p. 10).

(86) P8_TA(2015)0294

(87) P8_TA(2015)0294, paragraph 62.

(88) COM(2014)0209

(89) Council Recommendation (2013/C 378/01) of 9 December 2013 on effective Roma integration measures in the Member States (OJ C 378, 24.12.2013, p. 1).

(86) P8_TA(2015)0294

(87) P8_TA(2015)0294, paragraph 62.

(88) COM(2014)0209

(89) Council Recommendation (2013/C 378/01) of 9 December 2013 on effective Roma integration measures in the Member States (OJ C 378, 24.12.2013, p. 1).

(90) Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 'Living well, within the limits of our planet' (OJ L 354, 28.12.2013, p. 171).

(96) Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12).

(1a) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

(1 bis) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5).

(2) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

(3) Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

(a) a: all samples are to be taken during times when the risk of treatment breakthrough of enteric pathogens is high.

(b) b: at least 10 samples are to be taken during times when the risk of treatment breakthrough of enteric pathogens is high.

16.10.2020

Official Journal of the European Union

C 345/198

P8_TA(2018)0398

Resources for economic, social and territorial cohesion and resources for the investment for growth and jobs goal ***I

European Parliament legislative resolution of 23 October 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards the resources for economic, social and territorial cohesion and correcting that Regulation as regards the resources for the Investment for growth and jobs goal (COM(2018)0498 — C8-0307/2018 — 2018/0265(COD))

(Ordinary legislative procedure: first reading)

(2020/C 345/33)

The European Parliament,

—	having regard to the Commission proposal to Parliament and the Council (COM(2018)0498),

—	having regard to Article 294(2) and Article 177 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0307/2018),

—	having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

—	after consulting the European Economic and Social Committee,

—	after consulting the Committee of the Regions,

—	having regard to Rule 59 of its Rules of Procedure,

—	having regard to the report of the Committee on Regional Development (A8-0282/2018),

A.	Whereas for reasons of urgency it is justified to proceed to the vote before the expiry of the deadline of eight weeks laid down in Article 6 of Protocol No 2 on the application of the principles of subsidiarity and proportionality;

Adopts its position at first reading hereinafter set out;

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

P8_TC1-COD(2018)0265

Position of the European Parliament adopted at first reading on 23 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards the resources for economic, social and territorial cohesion and the resources for the Investment for growth and jobs goal

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2018/1719.)

16.10.2020

Official Journal of the European Union

C 345/199

P8_TA(2018)0399

Alignment of reporting obligations in the field of environment policy ***I

Amendments adopted by the European Parliament on 23 October 2018 on the proposal for a Regulation of the European Parliament and of the Council on the alignment of reporting obligations in the field of environment policy and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005 (COM(2018)0381 — C8-0244/2018 — 2018/0205(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 345/34)

Amendment 1

Proposal for a regulation

Title

Text proposed by the Commission	Amendment
Proposal for a	Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL	REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the alignment of reporting obligations in the field of environment policy and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005	on the alignment of reporting obligations in the field of legislation related to the environment and thereby amending Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Council Regulations (EC) No 338/97 and (EC) No 2173/2005
(Text with EEA relevance)	(Text with EEA relevance)

Amendment 2

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)	In order to address the need for implementation and compliance information, amendments of several pieces of environmental legislation should be introduced taking into account the results of the Commission Report on Actions to Streamline Environmental Report (45) and its related Fitness Check (46).

(1)

In order to address the need for implementation and compliance information, amendments of several pieces of legislation related to the environment should be introduced, taking into account the results of the Commission Report on Actions to Streamline Environmental Report (45) and its related Fitness Check (46).

Amendment 3

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1a)

This Regulation seeks to modernise information management and ensure a more consistent approach to the legislative acts within its scope by simplifying reporting so as to reduce the administrative burden, enhancing the database for future evaluations, and increasing transparency for the benefit of the public, each time in accordance with the circumstances.

Amendment 4

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)

It is necessary that accessibility to data should ensure that the administrative burden on all entities remains as limited as possible. It requires active dissemination at national level in accordance with Directives 2003/4/EC (47) and 2007/2/EC (48) of the European Parliament and of the Council and their implementing rules, to ensure the appropriate infrastructure for public access, reporting and data-sharing between public authorities.

(2)

It is necessary that accessibility to data should ensure that the administrative burden on all entities remains as limited as possible , especially on non-governmental entities such as small and medium enterprises (SMEs) . It requires active dissemination at national level in accordance with Directives 2003/4/EC (47) and 2007/2/EC (48) of the European Parliament and of the Council and their implementing rules, to ensure the appropriate infrastructure for public access, reporting and data-sharing between public authorities.

Amendment 5

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3)

Data reported by Member States are essential for the Commission to monitor, review and assess the performance of the legislation against the objectives it pursues in order to inform any future evaluation of the legislation, in accordance with paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (49). It is appropriate to add provisions to several legislative acts in the environmental sector for the purpose of their future evaluation, on the basis of data collected during implementation, possibly complemented by additional scientific, analytical data. In that context, there is a need for relevant data that will allow better assessment of the efficiency, effectiveness, relevance, coherence and EU value added of Union legislation, hence the necessity to ensure appropriate reporting mechanisms that can also serve as indicators for this purpose.

(3)

The process of Member States' comprehensive and timely reporting of relevant data is essential for the Commission to monitor, review and assess the performance of the legislation against the objectives it pursues in order to inform any future evaluation of the legislation, in accordance with paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (49). It is appropriate to add provisions to several legislative acts in the environmental sector for the purpose of their future evaluation, on the basis of data collected during implementation, possibly complemented by additional scientific, analytical data. In that context, there is a need for relevant data that will allow better assessment of the efficiency, effectiveness, relevance, coherence and EU value added of Union legislation, hence the necessity to ensure appropriate reporting mechanisms that can also serve as indicators for this purpose both for decision-makers and for the general public .

Amendment 6

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)

In accordance with the evaluation of Directive 2002/49/EC of the European Parliament and of the Council (50) there is a need to streamline the reporting deadlines for noise maps and action plans to allow sufficient time for public consultation of action plans. To that end, and for one time only, the deadline for the review or revision of the action plans is postponed by one year so that the deadline of the next round (the fourth round) of action plans is not 18 July 2023 but 18 July 2024. Thus, from the fourth round onwards, the Member States will have approximately two years between making the noise maps and completing the review or revision of action plans instead of one year as currently the case. For the following rounds of action planning, the five years cycle for the review or revision will then resume. Moreover, in order to better meet the objectives of the Directive 2002/49/EC and to provide a basis for developing measures at Union level, reporting by Member States should be carried out by electronic means. It is also necessary to enhance public participation by requiring certain information to be made publicly available while aligning this obligation to other Union legislation, such as Directive 2007/2/EC, without duplicating practical requirements.

(5)

In accordance with the evaluation of Directive 2002/49/EC of the European Parliament and of the Council (50) there is a need to streamline the reporting deadlines for noise maps and action plans to allow sufficient time for public consultation of action plans. To that end, and for one time only, the deadline for the review or revision of the action plans is postponed by one year so that the deadline of the next round (the fourth round) of action plans is not 18 July 2023 but 18 July 2024. Thus, from the fourth round onwards, the Member States will have approximately two years between making the noise maps and completing the review or revision of action plans instead of one year as currently the case. For the following rounds of action planning, the five years cycle for the review or revision will then resume. Moreover, in order to better meet the objectives of the Directive 2002/49/EC and to provide a basis for developing measures at Union level, reporting by Member States should be carried out by electronic means. It is also necessary to enhance public participation by requiring comprehensible, accurate and comparable information to be made publicly available while aligning this obligation to other Union legislation, such as Directive 2007/2/EC, without duplicating practical requirements.

Amendment 7

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7)

Based on the Commission report to the Council and the European Parliament concerning the implementation of Directive 2007/2/EC and the REFIT evaluation (52), it is appropriate, with a view to simplifying the implementation of that Directive and reducing administrative burden related to monitoring by Member States, to no longer require Member States to send to the Commission triennial reports, and the Commission to present to the European Parliament and to the Council a summary report, because the reporting Fitness Check confirmed the limited use of such reports (53).

(7)

Amendment 8

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9)

It is necessary to amend the reporting obligations laid down in Articles 43, 54 and 57 of Directive 2010/63/EU of the European Parliament and of the Council (56). These provisions include, with the objective of improving transparency and reducing administrative burden, the establishment of a central, open-access searchable database for non-technical project summaries and related retrospective assessments, conferral of implementing powers on the Commission to establish a common format for the submission of non-technical project summaries and related retrospective assessments, information on implementation and replacing the three-yearly statistical reporting by the Commission by the requirement of setting up a dynamic central database hosted by the Commission and releasing information on a yearly basis.

(9)

It is necessary to amend the reporting obligations laid down in Articles 43, 54, 57 and 58 of Directive 2010/63/EU of the European Parliament and of the Council (56). These provisions include, with the objective of improving transparency and reducing administrative burden, the establishment of a central, open-access searchable database for non-technical project summaries and related retrospective assessments, conferral of implementing powers on the Commission to establish a common format for the submission of non-technical project summaries and related retrospective assessments, information on implementation and replacing the three-yearly statistical reporting by the Commission by the requirement of setting up a dynamic central database hosted by the Commission and releasing information on a yearly basis. In light of a Commission report in 2017 (56a) , the clause for a review of that Directive as laid down in Article 58 therein should be reconsidered with a view to a future revision.

Amendment 9

Proposal for a regulation

Recital 14 a (new)

Text proposed by the Commission

Amendment

(14a)

Directives 86/278/EEC, 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU, Regulations (EC) No 166/2006 and (EU) No 995/2010, and Regulations (EC) No 338/97 and (EC) No 2173/2005 should therefore be amended accordingly,

Amendment 10

Proposal for a regulation

Article 1 — paragraph 1 — point - 1 (new)

Directive 86/278/EEC

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

Text proposed by the Commission

Amendment

-1. In Article 2, the following point is added:

'(da)

"spatial data services": means the operations which may be performed, by invoking a computer application, on the spatial data contained in spatial data sets or on the related metadata as defined in Article 3(4) of Directive 2007/2/EC of the European Parliament and of the Council (*1) ;

Amendment 11

Proposal for a regulation

Article 1 — paragraph 1 — point - 1 a (new)

Directive 86/278/EEC

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

Text proposed by the Commission

Amendment

-1a. In Article 2, the following point is added:

'(db)

"spatial data set": means an identifiable collection of spatial data as defined in Article 3(3) of Directive 2007/2/EC.'.

Amendment 12

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Directive 86/278/EEC

Article 10 — paragraph 1 — point d

Text proposed by the Commission

Amendment

(d)	the names and addresses of the recipients of the sludge and the place where the sludge is to be used;

deleted

Amendment 13

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Directive 86/278/EEC

Article 10 — paragraph 1 — point e

Text proposed by the Commission

Amendment

(e)	any other information with regard to the transposition and implementation of this Directive provided by the Member States to the Commission pursuant to Article 17.

deleted

Amendment 14

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Directive 86/278/EEC

Article 10 — paragraph 1 — subparagraph 2

Text proposed by the Commission	Amendment
Spatial data services as defined in Article 3(4) of Directive 2007/2/EC of the European Parliament and of the Council* shall be used to present the spatial data sets included in the information registered in those records.	Spatial data services shall be used to present the spatial data sets included in the information registered in those records.

Amendment 15

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Directive 86/278/EEC

Article 10 — paragraph 2 — subparagraph 1

Text proposed by the Commission	Amendment
The records referred to in paragraph 1 shall be made available to the public for each calendar year, within three months of the end of the relevant calendar year, in a consolidated format as laid down in the Annex to Commission Decision 94/741/EC** or another format provided pursuant to Article 17.	The records referred to in paragraph 1 shall be made available and easily accessible to the public for each calendar year, within three months of the end of the relevant calendar year, in a consolidated format as laid down in the Annex to Commission Decision 94/741/EC** or another format provided pursuant to Article 17.

Amendment 16

Proposal for a regulation

Article 1 — paragraph 1 — point 1

Directive 86/278/EEC

Article 10 — paragraph 3

Text proposed by the Commission	Amendment
3. Information on the methods of treatment and the results of the analyses shall be released upon request to the competent authorities.	3. Information on the methods of treatment and the results of the analyses shall be released to the competent authorities.

Amendment 50

Proposal for a regulation

Article 1 — paragraph 1 — point 2

Directive 86/278/EEC

Article 17

Text proposed by the Commission

Amendment

The Commission is empowered to lay down, by means of an implementing act, a format in accordance with which Member States are to provide information on the implementation of Directive 86/278/EEC as required by Article 10 of this Directive. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 15(2). The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to Articles 10 and 17.

Amendment 17

Proposal for a regulation

Article 2 — paragraph 1 — point 4

Directive 2002/49/EC

Article 10 — paragraph 2

Text proposed by the Commission

Amendment

2. The Member States shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in Annex VI are sent to the Commission within six months of the dates laid down in Articles 7 and 8 respectively. For that purpose, Member States shall only report the information electronically to the data repository to be established in accordance with the regulatory procedure with scrutiny referred to in Article 13(3) . In case a Member State wants to update information, it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository.

2. The Member States shall ensure that the information from strategic noise maps and summaries of the action plans as referred to in Annex VI are sent to the Commission within six months of the dates laid down in Articles 7 and 8 respectively. For that purpose, Member States shall only report the information electronically to a mandatory data repository. In case a Member State wants to update information, it shall describe the differences between the updated and original information and the reasons for the update when making the updated information available to the data repository.

Amendment 18

Proposal for a regulation

Article 2 — paragraph 1 — point 4 a (new)

Directive 2002/49/EC

Article 10 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

4a.

In Article 10, after paragraph 2, the following paragraph is inserted:

'2a. The Commission shall adopt delegated acts in accordance with Article 12a to supplement this Directive concerning the setting up of the mandatory data repository referred to in paragraph 2, and the detailed rules of the digital information exchange mechanism to share the information from the strategic noise maps and summaries of action plans.'.

Amendment 19

Proposal for a regulation

Article 2 — paragraph 1 — point 4 b (new)

Directive 2002/49/EC

Article 12 a (new)

Text proposed by the Commission

Amendment

4b.

The following Article is added:

'Article 12a

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 10(2a) shall be conferred on the Commission for a period five years from… [date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 10(2a) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (*2) .

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 10(2a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment 20

Proposal for a regulation

Article 2 — paragraph 1 — point 5

Directive 2002/49/EC

Annex VI — point 3

Text proposed by the Commission

Amendment

5.	Annex VI point 3 is replaced by the following:

5.	Annex VI point 3 is deleted.

Information exchange mechanism

The Commission, assisted by the European Environment Agency, shall develop a mandatory digital information exchange mechanism to share the information from the strategic noise maps and summaries of action plans, as referred to in Article 10 (2) in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).

Amendment 21

Proposal for a regulation

Article 3 — paragraph 1 — point - 1 (new)

Directive 2004/35/EC

Article 2 — paragraph 1 — point 16 a (new)

Text proposed by the Commission

Amendment

-1. In Article 2, the following point is added:

'16a.

"spatial data services" means the operations which may be performed, by invoking a computer application, on the spatial data contained in spatial data sets or on the related metadata as defined in Directive 2007/2/EC of the European Parliament and of the Council (*3) ;

Amendment 22

Proposal for a regulation

Article 3 — paragraph 1 — point 2

Directive 2004/35/EC

Article 18 — paragraph 1

Text proposed by the Commission

Amendment

Member States shall ensure that adequate and up-to-date information, at least on imminent threats of damage is available to the public in an open data format online, in accordance with Annex VI of this Directive and with Article 7(4) of Directive 2003/4/EC of the European Parliament and of the Council*. For each incident, the information listed in Annex VI of this Directive shall be provided as a minimum.

1. Member States shall ensure that adequate and up-to-date information, at least on imminent threats of damage is available to the public and to the Commission in an open data format online, in accordance with Annex VI of this Directive and with Article 7(4) of Directive 2003/4/EC of the European Parliament and of the Council*. For each incident, the information listed in Annex VI of this Directive shall be provided as a minimum.

Amendment 23

Proposal for a regulation

Article 3 — paragraph 1 — point 2

Directive 2004/35/EC

Article 18 — paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. The Commission shall adopt a delegated act in accordance with Article 18a to amend Annex VI to this Directive concerning the detailed criteria according to which the scale and type of the environmental damage shall be classified.

Amendment 24

Proposal for a regulation

Article 3 — paragraph 1 — point 2

Directive 2004/35/EC

Article 18 — paragraph 2

Text proposed by the Commission	Amendment
2. Spatial data services as defined in Article 3(4) of Directive 2007/2/EC of the European Parliament and of the Council** shall be used to present the spatial data sets, such as the spatial location of incidents, included in the information referred to in paragraph 1 of this Article.	2. Spatial data services shall be used to present the spatial data sets, such as the spatial location of incidents, included in the information referred to in paragraph 1 of this Article.

Amendment 25

Proposal for a regulation

Article 3 — paragraph 1 — point 2

Directive 2004/35/EC

Article 18 — paragraph 3

Text proposed by the Commission	Amendment
3. The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to paragraph 1.	3. The Commission services shall publish a Union-wide overview including maps on the basis of the data made available by the Member States pursuant to paragraph 1 and update it regularly.

Amendment 26

Proposal for a regulation

Article 3 — paragraph 1 — point 2

Directive 2004/35/EC

Article 18 — paragraph 4 — introductory part

Text proposed by the Commission	Amendment
4. The Commission shall, at regular intervals , carry out an evaluation of this Directive. The evaluation shall be based, inter alia, on the following elements:	4. The Commission shall, no later than 1 January 2022 and at least every five years thereafter , carry out an evaluation of this Directive and of its implementation . The evaluation shall be made publicly available and be based, inter alia, on the following elements:

Amendment 27

Proposal for a regulation

Article 3 — paragraph 1 — point 2

Directive 2004/35/EC

Article 18 — paragraph 4 — point b a (new)

Text proposed by the Commission

Amendment

(ba)	an analysis of the developments and relevant changes in the Member States.

Amendment 28

Proposal for a regulation

Article 3 — paragraph 1 — point 2

Directive 2004/35/EC

Article 18 — paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. The Commission shall within due course inform the European Parliament and the Council on the results of the evaluation referred to in paragraph 4 and, if necessary, present appropriate legislative proposals.

Amendment 29

Proposal for a regulation

Article 3 — paragraph 1 — point 2

Directive 2004/35/EC

Article 18 — paragraph 4 b (new)

Text proposed by the Commission	Amendment
	4b. The evaluation referred to in paragraph 4 shall also consider the extension of the definition of 'environmental damage' as defined in Article 2(1), and of the scope of this Directive to include damages to human health, in order to also include damages to the air which can have significant health risks.

Amendment 30

Proposal for a regulation

Article 3 — paragraph 1 — point 2 a (new)

Directive 2004/35/EC

Article 18 a (new)

Text proposed by the Commission

Amendment

2a.

The following Article is inserted:

'Article 18a

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 18(1a) shall be conferred on the Commission for an indeterminate period from … [date of entry into force of this Regulation].

3. The delegation of power referred to in Article 18(1a) 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.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council

6. A delegated act adopted pursuant to Article 18(1a) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council."

Amendment 31

Proposal for a regulation

Article 3 — paragraph 1 — point 3

Directive 2004/35/EC

Annex VI — paragraph 1 — introductory part

Text proposed by the Commission	Amendment
The information referred to in Article 18(1) shall refer to emissions, events or incidents causing environmental damage or imminent threat of damage, with the following information and data for each instance:	The information referred to in Article 18(1) shall include a list of emissions, events or incidents causing environmental damage or imminent threat of damage, with the following information and data for each instance:

Amendment 32

Proposal for a regulation

Article 3 — paragraph 1 — point 3

Directive 2004/35/EC

Annex VI — point 7 — point c a (new)

Text proposed by the Commission

Amendment

(ca)	relevant judicial proceedings;

Amendment 33

Proposal for a regulation

Article 4 — paragraph 1 — point 1 — point a a(new)

Directive 2007/2/EC

Article 21 — paragraph 2 — point c a (new)

Text proposed by the Commission

Amendment

(aa)

in paragraph 2, the following point is inserted:

'(ca)

an analysis of the development of the infrastructure for INSPIRE in the Member States;';

Amendment 34

Proposal for a regulation

Article 4 — paragraph 1 — point 2

Directive 2007/2/EC

Article 23 — paragraph 2 — introductory part

Text proposed by the Commission	Amendment
The Commission shall, at regular intervals , carry out an evaluation of this Directive. The evaluation shall be based, inter alia, on the following elements:	The Commission shall, no later than 1 January 2022 and at least every five years thereafter , carry out an evaluation of this Directive and of its implementation, and make it publicly available . The evaluation shall be based, inter alia, on the following elements:

Amendment 35

Proposal for a regulation

Article 4 — paragraph 1 — point 2

Directive 2007/2/EC

Article 23 — paragraph 2 a (new)

Text proposed by the Commission	Amendment
	The Commission shall within due course inform the European Parliament and the Council on the results of the evaluation referred to in the second paragraph and, if necessary, present appropriate legislative proposals.

Amendment 36

Proposal for a regulation

Article 5 — paragraph 1 — point 1

Directive 2009/147/EC

Article 12 — paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall forward to the Commission every six years, at the same time as the report drawn up pursuant to Article 17 of Council Directive 92/43/EEC*, a report on the implementation of the measures taken under this Directive and the main impacts of these measures . This report shall include in particular information concerning the status and trends of wild bird species protected by this Directive, the threats and pressures on them, the conservation measures taken for them and the contribution of the network of Special Protection Areas to the objectives laid out in Article 2 of this Directive.";

1. Member States shall forward to the Commission every six years, at the same time as the report drawn up pursuant to Article 17 of Council Directive 92/43/EEC*, a report on the implementation of the measures taken under this Directive and the main impacts of these measures. That report shall be made accessible to the public and shall include in particular information concerning the status and trends of wild bird species protected by this Directive, the threats and pressures on them, the conservation measures taken for them and the contribution of the network of Special Protection Areas to the objectives laid out in Article 2 of this Directive.

Amendment 37

Proposal for a regulation

Article 5 — paragraph 1 — point 2

Directive 2009/147/EC

Article 12 — paragraph 2 — sentence 1

Text proposed by the Commission	Amendment
2. The Commission, assisted by the European Environment Agency, shall prepare every six years a composite report based on the information referred to in paragraph 1.	2. The Commission, assisted by the European Environment Agency, shall prepare and publish, every six years, a composite report based on the information referred to in paragraph 1.

Amendment 38

Proposal for a regulation

Article 6 — paragraph 1 — point 2 — point a

Directive 2010/63/EU

Article 54 — paragraph 1 — subparagraph 3

Text proposed by the Commission	Amendment
The Commission services shall publish a Union overview on the basis of the data submitted by the Member States .	No later than 6 months after the submission by the Member States of the data referred to in the second subparagraph, the Commission services shall publish and regularly update a Union overview on the basis of that data.

Amendment 39

Proposal for a regulation

Article 6 — paragraph 1 — point 2 — point b

Directive 2010/63/EU

Article 54 — paragraph 4

Text proposed by the Commission	Amendment
4. The Commission shall establish a common format and information content for submitting the information referred to in paragraphs 1, 2 and 3 in accordance with the regulatory procedure referred to in Article 56(3).	4. The Commission shall establish a common format and information content for submitting the information referred to in paragraphs 1, 2 and 3 in accordance with the examination procedure referred to in Article 56(3).

Amendment 40

Proposal for a regulation

Article 6 — paragraph 1 — point 2 a (new)

Directive 2010/63/EU

Article 56 — paragraph 3

Present text

Amendment

2a.	In Article 56, paragraph 3 is replaced by the following:

3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply , having regard to the provisions of Article 8 thereof .

'3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.';

Amendment 43

Proposal for a regulation

Article 7 — paragraph 1 — point 2

Regulation (EC) No 166/2006

Article 7 — paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall provide , each year , to the Commission by electronic transfer a report containing all the data referred to in Article 5(1) and (2) in a format and by a date to be established by the Commission by means of implementing acts in accordance with the procedure referred to in Article 19(2). The reporting date shall be, in any case, no later than 9 months after the end of the reporting year.

2. No later than 31 March every year, Member States shall provide to the Commission by electronic transfer a report containing all the data referred to in Article 5(1) and (2) in a format to be established by the Commission by means of implementing acts in accordance with the procedure referred to in Article 19(2). The reporting date shall be, in any case, no later than 9 months after the end of the reporting year.

Amendment 44

Proposal for a regulation

Article 8 — paragraph 1

Regulation (EU) No 995/2010

Article 20 — paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall make available to the public and the Commission, by 30 April of each year information on the application of this Regulation during the previous calendar year. The Commission may establish, by means of implementing acts, the format and procedure for Member States to make available such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).

1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year information on the application of this Regulation during the previous calendar year. The Commission may establish, by means of implementing acts, the format and procedure for Member States to make available such information. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).

Amendment 45

Proposal for a regulation

Article 8 — paragraph 1

Regulation 995/2010/EU

Article 20 — paragraph 3

Text proposed by the Commission

Amendment

3. By 3 December 2015 and every six years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation, including in preventing illegally harvested timber or timber products derived from such timber being placed on the market. It shall in particular consider the administrative consequences for small and medium-sized enterprises and product coverage. The Commission shall report to the European Parliament and to the Council on the results of the review and accompany such reports, if necessary, by appropriate legislative proposals.

3. By 3 December 2021 and every five years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation, including in preventing illegally harvested timber or timber products derived from such timber being placed on the market. It shall in particular consider the administrative consequences for small and medium-sized enterprises and product coverage. The Commission shall report to the European Parliament and to the Council on the results of the review and accompany such reports, if necessary, by appropriate legislative proposals.

Amendment 46

Proposal for a regulation

Article 9 — paragraph 1 — point 1

Regulation (EC) No 2173/2005

Article 8 — paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall make available to the public and the Commission, by 30 April of each year, information on the application of this Regulation during the previous calendar year.	1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year.

Amendment 47

Proposal for a regulation

Article 9 — paragraph 1 — point 2

Regulation (EC) No 2173/2005

Article 9 — paragraph 1

Text proposed by the Commission

Amendment

By December 2021 and every 6 years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In doing so it should take into account the progress on implementation of the voluntary Partnership Agreements. The Commission shall report to the European Parliament and to the Council on the result of the review and accompany such reports where appropriate, by proposals for improvement of the FLEGT licensing scheme.

By December 2021 and every 5 years thereafter, the Commission shall, on the basis of information on and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In doing so it shall take the progress on implementation of the voluntary Partnership Agreements into account . The Commission shall report to the European Parliament and to the Council on the result of the review every 5 years and accompany such reports where appropriate, by proposals for improvement of the FLEGT licensing scheme.

Amendment 48

Proposal for a regulation

Article 10 — paragraph 1 — point 1

Regulation (EC) No 338/97

Article 15 — paragraph 4 — point c

Text proposed by the Commission

Amendment

(c)

Without prejudice to Article 20, the management authorities of the Member States shall, one year before each meeting of the Conference of the Parties to the Convention, communicate to the Commission all the information relating to the relevant preceding period required for drawing up the reports referred to in Article VIII.7 (b) of the Convention and equivalent information on the provisions of this Regulation that fall outside the scope of the Convention. The information to be communicated and the format for its presentation shall be specified by the Commission in accordance with the regulatory procedure referred to in Article 18(2).

(c)

Without prejudice to Article 20, the management authorities of the Member States shall, one year before each meeting of the Conference of the Parties to the Convention, communicate to the Commission all the information relating to the relevant preceding period required for drawing up the reports referred to in Article VIII.7 (b) of the Convention and equivalent information on the provisions of this Regulation that fall outside the scope of the Convention. The format for its presentation shall be specified by the Commission in accordance with the examination procedure referred to in Article 18(2).

Amendment 49

Proposal for a regulation

Article 10 — paragraph 1 a (new)

Regulation (EC) No 338/97

Article 18 — paragraph 2

Present text	Amendment
	In Article 18, paragraph 2 is replaced by the following:
2. Where reference is made to this Article , Articles 5 and 7 of Decision 1999/468/EC shall apply , having regard to the provisions of Article 8 thereof .	'2. Where reference is made to this paragraph , Article 5 of Regulation (EU) No 182/2011 shall apply.'.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. As regards the Committee's tasks referred to in points 1 and 2 of Article 19, if, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.

(1) The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0324/2018).

(45) COM(2017)0312.

(46) SWD(2017)0230.

(45) COM(2017)0312.

(46) SWD(2017)0230.

(47) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

(48) Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

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

(50) Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002).

(52) COM(2016)0478 and SWD(2016)0273.

(53) COM(2017)0312.

(52) COM(2016)0478 and SWD(2016)0273.

(53) COM(2017)0312.

(56) Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).

(56a) Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions in accordance with Article 58 of Directive 2010/63/EU on the protection of animals used for scientific purposes, COM(2017)0631.

Wednesday 24 October 2018

16.10.2020

Official Journal of the European Union

C 345/221

P8_TA(2018)0404

General budget of the European Union for 2019 — all sections

European Parliament resolution of 24 October 2018 on the Council position on the draft general budget of the European Union for the financial year 2019 (11737/2018 — C8-0410/2018 — 2018/2046(BUD))

(2020/C 345/35)

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 Council Decision 2014/335/EU, Euratom of 26 May 2014 on the system of own resources of the European Union (1),

—	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 (2),

—

having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU, and repealing Regulation (EU, Euratom) No 966/2012 (3),

—	having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (4) (the '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 (5),

—	having regard to its resolution of 15 March 2018 on general guidelines for the preparation of the budget (6),

—	having regard to its resolution of 19 April 2018 on Parliament's estimates of revenue and expenditure for the financial year 2019 (7),

—	having regard to the draft general budget of the European Union for the financial year 2019, which the Commission adopted on 21 June 2018 (COM(2018)0600),

—	having regard to the position on the draft general budget of the European Union for the financial year 2019, which the Council adopted on 4 September 2018 and forwarded to Parliament on 13 September 2018 (11737/2018 — C8-0410/2018),

—	having regard to its resolution of 5 July 2018 on the mandate for the trilogue on the 2019 draft budget (8),

—	having regard to Letter of amendment No 1/2019 (COM(2018)0709) to the draft general budget of the European Union for the financial year 2019,

—	having regard to Rule 88 of its Rules of Procedure,

—	having regard to the report of the Committee on Budgets and the opinions of the other committees concerned (A8-0313/2018),

Section III

General overview

Stresses that Parliament's reading of the 2019 Budget fully reflects the political priorities adopted by an overwhelming majority in its abovementioned resolutions of 15 March 2018 on general guidelines and of 5 July 2018 on a mandate for the trilogue; recalls that at the core of those priorities are: sustainable growth, innovation, competitiveness, security, tackling root causes of refugees and migration flows, managing refugee and migration flows, the fight against climate change and the transition to sustainable energy, and a particular focus on young people;

Highlights that ahead of the withdrawal of the United Kingdom from the Union, the Union needs the necessary financial resources to respond to citizens expectations, to allow the Union to effectively tackle the numerous abovementioned priorities and challenges it faces and to improve the day-to-day life of its citizens;

Points out that Europe's citizens expect the Union to strain every sinew to ensure economic growth and foster job creation evenly within all its regions; recalls that meeting those expectations requires investments in research and innovation, digitalisation, education, infrastructure and small and medium-sized enterprises (SMEs) and to foster employment, particularly among the young people of Europe; expresses disapproval that the Council yet again proposes cuts to the very programmes that are designed to make the Union economy more competitive and innovative; stresses moreover that many of those programmes, for example Horizon 2020, are heavily oversubscribed, which constitutes a poor use of resources and means that many excellent projects do not receive funding; highlights also the fact that programmes such as Erasmus+, Horizon 2020 and the Programme for the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME) provide a vivid demonstration of the advantages of working together across the Union and help create a feeling of European belonging; decides therefore to reinforce considerably Erasmus+ and to strengthen programmes that contribute to growth and job creation, including Horizon 2020, Connecting Europe Facility (CEF) and COSME;

Reiterates its commitment to its pledges made during the European Fund for Strategic Investments (EFSI) negotiations, namely to minimise the impact of EFSI-related cuts on Horizon 2020 and CEF in the framework of the annual budgetary procedure; proposes, therefore, to offset those cuts by restoring the original annual profile of those two programmes, in order to allow them to fully accomplish the objectives agreed during the adoption of the relevant legislation;

Highlights that youth unemployment remains unacceptably high in certain Member States especially in the economically lagging regions and that the situation of young people in NEET (not in education, employment or training) situations and the long-term unemployed is particularly worrying; stresses that young people are the most at risk of poverty and social and economic exclusion; decides therefore to reinforce the Youth Employment Initiative (YEI) beyond the level proposed by the Commission; stresses that such reinforcement should in no way be seen as a frontloading of the YEI allocation endorsed in the context of the MFF mid-term revision; and urges Member States to increase the level of absorption of the funding and create more quality youth employment;

Recalls the necessity of a strong fight against poverty;

Recalls that cohesion policy plays a primary role in the development and growth of the Union and in the convergence in Member States and regions; emphasises Parliament's commitment to ensuring adequate appropriations for those programmes that represent a core policy of the Union;

Stresses that the Funds under the Cohesion policy should neither directly or indirectly support relocation as defined in Article 2(61a) of Commission Regulation (EU) No 651/2014; urges Member States' managing authorities to ensure that contributions under the Funds are not granted to beneficiaries that have carried out a relocation within five years preceding the application for a contribution; and to ensure that contributions are repaid in full from beneficiaries that carry out a relocation within five years after having received the contribution;

Regrets that, under current projections, only 19,3 % of the Union budget 2014 — 2020 would be devoted to climate-related measures, failing thus to reach the target of 20 %, an objective which pre-dates the Paris Climate agreement; understands that this is largely due to delays in cohesion policy and the rural development programmes; urges Member States, who manage them, to speed up their implementation with a focus on climate-related spending in order to offset the lower allocations made during the first years of the MFF; calls on the Commission to develop an action plan within programmes having massive potential to contribute to reaching the climate-related spending target; calls also for a robust, annual consolidation exercise to progress towards the mainstreaming target, with concrete and coherent safeguards that guarantee climate proof budgetary decisions are in line with the Union's commitments under the Paris agreement, with comprehensive reporting to launch initiatives if targets are not met;

10.

Underlines that Heading 3 has been largely mobilised in recent years to address the migratory and refugee challenge and that such actions should continue and be reinforced as much and for as long as needed; calls on the Commission to actively monitor the adequacy of allocations under Heading 3 and make full use of all available instruments to respond in a timely manner to any unforeseen event that might require additional funding in the area of migration with a special attention to the case of island regions falling under the scope of Article 174 of the Treaty on the Functioning of the European Union; decides to reinforce the Asylum Migration and Integration Fund (AMIF) to fully cover the needs of the Union in the field of migration, notably to support Members States in improving reception conditions, integration measures and practices for asylum seekers and migrants, and enhancing solidarity and responsibility-sharing between the Member States and fair and effective return strategies; notes, once again, that the Heading 3 ceiling is inadequate to provide appropriate funding to the internal dimension of those priorities, as well as to other priority programmes, for example in the fields of health, food safety, security, justice, citizenship and culture; considers that local authorities with the willingness to support the Union Resettlement Programme should be further supported through the direct management strand of the AMIF;

11.

Insists that in the light of recent security concerns across the Union, funding under Heading 3 should also pay particular attention to measures which will lead to enhancing security of Union citizens; decides for that reason to reinforce agencies in the field of Justice and Home Affairs such as the European Union Agency for Law Enforcement Cooperation (EUROPOL), the European Union Agency for Law Enforcement Training (CEPOL), European Union Agency for the operational management of Large-Scale IT Systems (eu-LISA), the European Union's Judicial Cooperation Unit (Eurojust) and for the new European Public Prosecutor's Office (EPPO) which, due to increased workload and additional tasks, have been facing shortage of staff and funding in the past years;

12.

Reiterates that part of the solution to the migratory and refugee challenge as well as to the security concerns of Union citizens lies in addressing the root causes of migration and devoting sufficient financial means to internal and external instruments that aim at tackling issues such as poverty, lack of employment, education and economic opportunities, instability, conflict and climate change in the European Neighbourhood and Africa; is of the opinion that the Union should make optimal use of financial means under Heading 4 which proved to be insufficient to equally address all external challenges;

13.

Acknowledges the challenges posed to some Member States by the large influx of migrants and asylum seekers; regrets that all efforts to establish a fair and humane migrant scheme at Union level have been unsuccessful so far;

14.

Regrets that Parliament has not been duly involved in the discussions on the extension of the Facility for Refugees in Turkey (FRT); reiterates its longstanding position that new initiatives must not be financed to the detriment of existing Union external projects; maintains, while recalling its support for the continuation of the FRT, that, given the stretched situation under Heading 4 to respond to external challenges, including migration, the Union budget should contribute to the financing of the second tranche in the same proportion as for the first one, i.e. EUR 1 billion, while the Member States should contribute EUR 2 billion to its financing;

15.

Recalls the importance of Turkey as a neighbouring country, including for regional stability, and stresses the need for Turkey to respect international law in the region and to return to a reform path that guarantees the wellbeing of its citizens and the full respect of all their rights;

16.

Restores all cuts proposed by Council to the Draft Budget 2019 (2019 DB) across all headings, with limited exceptions in Heading 4 and subheading 1b; refuses to accept the proposed cuts to programs with the highest European added value, for example those to Horizon 2020 and CEF, two programmes already affected by redeployments to EFSI, or majority of cuts to external policies; stresses that the logic behind Council's cuts is not substantiated by the actual implementation figures and ignores the varying implementation patterns of certain programmes;

17.

Concludes that, for the purpose of adequately financing all pressing needs, and considering the very tight or inexistent margins under certain headings in 2019, all means available in the MFF Regulation in terms of flexibility will need to be deployed; expects that the Council will share that approach and that an agreement will easily be reached in conciliation, allowing the Union to rise to the occasion and effectively respond to the challenges ahead, particularly given that this year's conciliation will be the last ahead of the May 2019 European elections;

18.

Sets the overall level of appropriations for 2019 at EUR 166 340 415 936 in commitment appropriations and EUR 149 349 039 470 in payment appropriations, representing an increase of EUR 721 061 034 in commitment appropriations compared to the 2019 DB;

Subheading 1a — Competitiveness for growth and jobs

19.

Rejects Council's unjustified EUR 794 million cuts to subheading 1a, which represent just over half of the overall Council cuts in commitments in MFF headings; notes that such cuts run counter to Council's stated political priorities; is concerned moreover that they could hamper implementation of programmes that play a vital role in the creation of jobs and growth, which could have a negative impact on the economy;

20.

Points in that connection to programmes such as Horizon 2020 and CEF and the flagship space programmes, such as Copernicus, which provide very strong European added-value; regrets the significant Council cuts in the Common Strategic Framework for Research and Innovation with an overwhelmingly negative impact on Horizon 2020 and especially regrets cuts in relevant budget lines such as Strengthening research in future and emerging technologies and Strengthening European research infrastructure; notes also that many of those programmes make an important contribution to the fight against climate change, and considers that that contribution should be strengthened; decides therefore to reverse all cuts made by the Council and, furthermore, to fully restore the original profile of the Horizon 2020 and CEF lines that were cut for the provisioning of the EFSI Guarantee Fund;

21.

Recalls that Erasmus+ remains a highly valued and hugely popular programme promoting youth learning mobility and vocational training, as demonstrated by the volume of applications received, which by far exceeds the funding available, and notes also that it helps foster a strong sense of European identity and encouragement for young people to take part in European democracy; deeply regrets that the 2019 DB for Erasmus+ falls well below Parliament's expectations, failing to go beyond the programmed figures under the current MFF; considers it therefore essential to reinforce the education and training and youth strands of Erasmus +, as a corollary to the strengthening of the YEI under subheading 1b;

22.

Regrets that after the publication, on 3 February 2014, of its first EU Anti-Corruption report, the Commission refused to continue that practice of annual reports and instead integrated anti-corruption policies into the Economic Semester; notes that the country-specific reports in the context of the Economic Semester do not contain a clear description of the state of play, nor do they contain recommendations on anti-corruption measures for all Member States; urges the Commission once more to submit to Parliament a second EU Anti-Corruption report, and in this context not to evaluate anti-corruption efforts only in terms of economic loss but to also analyse the detrimental effects of corruption on the fundamental rights of Union citizens;

23.

Recalls the importance of fostering extensive synergies between CEF-Transport and CEF-Digital in order to maximise the financial leverage for projects aimed at boosting the digitalisation of the TEN-T corridors;

24.

Highlights yet again the fact that SMEs are an essential part of the Union economy and play a crucial role in job creation throughout the Union; believes that there is a need to create an SME-friendly business environment, as well as to support SME clusters and networks, supporting also cooperative companies with social, solidarity and ethic practices; notes, however, with deep concern the Council cuts to the SME instrument, which send a contradictory signal to businesses in the Union; considers that the Union budget and access to finance backed by it, start-ups and microenterprises can be a key tool in making SMEs more competitive and more innovative and in fostering the spirit of enterprise in the Union; recalls in that regard COSME and Horizon 2020;

25.

Decides, therefore, to further reinforce, beyond the 2019 DB and the pre-EFSI profiles, those programmes that are key to boosting growth and jobs and tackling climate change and that reflect widely agreed Union priorities, namely Erasmus+, Horizon 2020 (including Marie Curie, leadership in space, European Research Council, SME Instrument), COSME, CEF and EaSI;

26.

Increases therefore the level of commitment appropriations for subheading 1a above the 2019 DB by EUR 566 773 112 (excluding pre-EFSI restoration, compensation for the European Labour Authority proposal, pilot projects and preparatory actions), to be financed within the margin available and by a further mobilisation of the Global Margin for Commitments;

27.

Welcomes the commitment to a renewed Union defence agenda, namely through the agreement on the European Defence Industrial Development Programme (EDIDP); expresses its intention to pay particular attention to the implementation by the Commission of the agreements found on the EDIDP and the European Solidarity Corps, as set out in the Amending Letter issued by the Commission on 16 October 2018;

Subheading 1b — Economic, social and territorial cohesion

28.

Welcomes the decreasing rate of youth unemployment at Union level with 14,8 % (as of 1 October 2018), but regrets that the level still remains unacceptably high in certain Member States; emphasises that, in order to address that issue, it is of importance to ensure proper funding of the Youth Guarantee schemes through YEI and the European Social Fund (ESF); welcomes the agreement on the need to provide fresh funding for YEI, and the inclusion of the corresponding appropriations in the 2019 DB; considers nevertheless that, given the challenges and risks posed by youth unemployment, YEI should benefit from increased appropriations and therefore decides to bring YEI to EUR 580 million in commitments in 2019; considers that that increase is in addition to the amount for YEI currently programmed for the 2014-2020 period;

29.

Calls on the Member States to ensure that the implementation of cohesion policy programmes is accelerated to catch up with the delays; notes that even though the Council has not questioned the level of payment appropriations as proposed by the Commission, Parliament will carefully examine the Commission's updated forecasts, to adjust the payment appropriations to real needs in order to avoid the reconstitution of a payment backlog at the end of the current MFF;

30.

Emphasises, with regret, that disasters generally affect those who have less means to protect themselves; notes that the response to natural or man-made disasters should be as rapid as possible so that damage is minimal and people and property can be saved; highlights the need for an additional increase in funds, particularly in the budget lines linked to disaster prevention and preparedness within the Union, taking into account, in particular, fires in Greece, Spain and Portugal (resulting in a tragic loss of human life), which have a dramatic and substantial impact on people;

31.

In line with the agreement reached on the revision of the Structural Reforms Support Programme (SRSP), agrees with the transfer of EUR 40 million in commitment appropriations and EUR 17,2 million in payment appropriations from subheading 1b to Heading 2;

Heading 2 — Sustainable growth: natural resources

32.

Recalls that the Commission's proposal to increase appropriations to finance the European Agricultural Guarantee Fund (EAGF) needs is largely due to a significantly lower amount of assigned revenue being expected to be available in 2019;

33.

Notes the Council's cuts of EUR 310 million in commitment appropriations (-0,52 % compared to 2019 DB) and EUR - 328,13 million in payment appropriations (-0,57 % compared to 2019 DB), but considers that the Commission's Amending Letter should remain the basis for any reliable revision of EAGF appropriations and restores the 2019 DB levels accordingly, pending an examination of that Amending Letter in conciliation;

34.

Decides to increase the funding for the emergency support in particular for pig-meat against the African swine fever in order to reduce the negative impact upon farmers and employees in the regions most affected by the disease; decides to express its strong support for the agricultural sector in the Union by increasing the appropriations for fruit and vegetables, in order to tackle the effects of the crisis in the sector and the effects of the Russian embargo, as well as for measures to tackle the effects of plaques xilella fastidiosa and the volatility of the price of olive oil;

35.

Points out the essential role played by the Union decentralised agencies in the area of the environment, public health and food safety in aiding the Union and the Member States make informed, science-based decisions about protecting and improving the environment and public health, while enhancing cooperation between Member States to address the concerns of Union citizens;

36.

Decides to propose an increase of EUR 20 million above the level of the 2019 DB for the European Agricultural Fund for Rural Development (EAFRD) to promote innovation in the agriculture and forestry sectors and to ensure the profitability and sustainability of those livelihoods in the future;

37.

Decides, in line with its Europe 2020 targets and with its international commitments to tackle climate change, to propose an increase of EUR 15,6 million above the level of the 2019 DB for climate-related actions; moreover, recalls the Union's commitments to halt and reverse the decline of biodiversity and underlines that that increase contributes also to biodiversity protection;

38.

Decides, in the light of the successful conclusion of the negotiations on the SRSP revision, to lift the reserve introduced by the Council on the amounts transferred from subheading 1b;

39.

Points to the effects of the extreme drought affecting the Member States in recent months, causing considerable losses to agriculture and jeopardising a large number of businesses, and highlights in that regard the need to guarantee support measures aimed at helping the worst-affected farmers;

40.

Decides to use the maximum appropriations for POSEI programmes provided for in the relevant Regulation (9), underlining the relevance of those programmes for the resilience of the agricultural producers and highlights the fragile economic situation of the outermost regions;

41.

Increases therefore commitment appropriations by EUR 154,1 million, excluding pilot projects and preparatory actions, leaving a margin of EUR 190,8 million below the ceiling for commitments in Heading 2;

42.

Underlines that the persistent imbalances in the food supply chain, in which the position of primary producers is considerably weaker than that of other actors, should lead the Commission to take steps to improve the transparency of prices and margins in the food supply chain, thereby guaranteeing a fair price for the production and ensuring improvements in the income of small and medium farmers;

43.

Draws attention to the threat factors weighing on numerous forest ecosystems, such as, among others, the spread of invasive alien species, pests (such as pine nematode and others) and forest fires; considers that sufficient financial resources should be addressed through community support programs and measures, to the evaluation of ecological and plant health of forests and their rehabilitation, including reforestation; notes that such resources are particularly important and urgent to some Member States, namely Portugal, Greece and Spain following multiple previous fires throughout those territories;

Heading 3 — Security and Citizenship

44.

Reiterates its long-standing conviction that the Heading 3 ceiling has proven vastly insufficient to adequately fund the internal dimension of essential challenges related on the one hand to internal security and citizens' safety, and on the other hand to refugees and migrants;

45.

Expects the pressure on those Member States' migration and asylum systems, as well as on their borders, to remain high in 2019, as in the years that will follow, and is therefore of the opinion that additional funding is needed in the field of refugees and migration, also in view of any future, unpredictable needs in that area; reinforces therefore the AMIF as regards supporting legal migration to the Union and promoting the effective integration of third-country nationals and enhancing fair and effective return strategies, in particular to support Member States in improving integration measures for refugees and migrants, especially children and unaccompanied minors;

46.

Welcomes the increase in commitment appropriations for AMIF in order to finance the new Dublin II legislation (assuming it is adopted by the end of 2018) and rejects the Council's decision to move the corresponding appropriations into a reserve;

47.

Underlines that internal security must remain one of the Union's main priorities and stresses the role of the Internal Security Fund (ISF) as the key financial instrument to support Member States in the area of security, including in the fight against terrorism and radicalisation, serious and organised crime and cybercrime; decides therefore to increase budgetary appropriations of the ISF, also to strengthen support for border management and to provide assistance for victims of terrorist acts;

48.

Points out the essential role played by the Union agencies in the area of justice and home affairs in enhancing cooperation between Member States to address the concerns of Union citizens; decides to increase budgetary appropriations and staffing of EUROPOL, CEPOL, eu-LISA, Eurojust and for the EPPO;

49.

Insists, in that context, that the EPPO be adequately financed and staffed; notes that in the 2019 DB, the Union contribution amounts to a total of EUR 4 911 000; points out that that appropriation is intended to cover the EPPO's staff-related expenditure, infrastructure, other administrative expenditure and operational expenditure; notes that only 35 staff posts are provided for, which implies that after deducting the posts for 23 European Prosecutors, only 12 posts are foreseen for administrative tasks; considers that that is not realistic, in particular with regard to the two additional Member States that have recently decided to join the EPPO; decides, therefore, to frontload the staff increase foreseen for 2020, and to align the grading of the Chief Prosecutor and the European Prosecutors to those of OLAF's and Europol's management level;

50.

Regrets Council's arbitrary cuts of more than EUR 35 million in commitment appropriations to numerous programmes in the areas of culture, citizenship, justice and public health, despite the excellent implementation rates of those programmes and the already insufficient levels of financing that leave many high-quality projects unfunded; restores all lines at least to the level of the draft budget while proposing additional increases to relevant lines;

51.

Stresses the value of Creative Europe in supporting the Union's audio-visual and cultural sectors and insists that funding levels should match the ambitions of the programme; calls for an increase in committee appropriations for the MEDIA and the Culture sub-programmes, inter alia to tackle low application success rates; also increases appropriations for multimedia actions and for strengthening the financial capacity of SMEs in the European cultural and creative sectors;

52.

Recalls its support for the rights, equality, citizenship and justice programmes; decides to increase commitment appropriations for instruments dealing with non-discrimination and equality in general, and specifically the Daphne programme, and to fight gender-based violence and enforce women's and LGBTQI+ rights;

53.

Recalls that culture- and education-related projects are supported across a range of Union programmes and instruments, notably the ESI Funds, EFSI and Horizon 2020; urges the Commission to improve cross-programme synergies to deliver effective spending; calls on the Commission, in particular, to fully exploit potential synergies existing between various Union programmes — such as Horizon 2020, CEF, Erasmus+, EaSI, Creative Europe and COSME, EFSI and ESI Funds — to support more projects in the field of cultural and creative industries;

54.

Reinforces Heading 3 by EUR 127,75 million in commitment appropriations with respect to the draft budget, excluding pilot projects and preparatory actions, and proposes to finance those reinforcements by a further mobilisation of special instruments;

Heading 4 — Global Europe

55.

Stresses that the complex geopolitical challenges the Union is facing call urgently for a stronger Union external presence; emphasises once again that the Union's external action can only be credible if it is backed by sufficient financial resources; recalls that the funding needs greatly exceed the current size of Heading 4 and calls for appropriate room for manoeuvre in the event of unforeseen external crises;

56.

Recalls that the implementation of the Sustainable Development Goals (SDGs) has to cut across the Union's internal and external policies, whereas a special focus should be given to the provision of sufficient good-quality food, clean water and the building of additional wastewater disposal facilities in order to deliver on SDG 2 and 6; furthermore, draws the attention to the scale and implications of energy poverty in developing countries and demands additional action to reduce energy poverty in line with SDG 7, in particular in remote rural areas in off-grid energy regions;

57.

In that respect, reaffirms, in line with its position expressed in its abovementioned resolution of 5 July 2018, that the current ratio of contribution to the FRT from the Union budget (EUR 1 billion) and Member States (EUR 2 billion) should be maintained for the financing of the second tranche of the FRT; decides therefore to reduce the contributions of the Union budget from EUR 1,45 billion to EUR 450 million; believes that the difference should be instead financed by the bilateral contributions of Member States;

58.

Believes that the promotion of peace, security and justice in developing countries is of paramount importance to addressing the root causes of migration and corresponding humanitarian challenges in the Southern Neighbourhood, such as Libya; underlines the importance of supporting good governance, democracy, the rule of law and vibrant civil society to effectively combat poverty over the long-term, and address the challenges of the climate change in developing countries; decides therefore to increase resources for the Development and Cooperation Instrument (DCI) and the Southern part of the European Neighbourhood Instrument (ENI) under its various strands, to reflect also the considerable stress under which ENI will continue to be in 2019;

59.

Recalls that the Union has committed to comprehensively protect and promote the rights of the child, girls and women as well as people with disabilities and special needs in its external policy; stresses the importance of implementing the EU Guidelines for the Promotion and Protection of the Rights of the Child in the European Union, the European Union Gender Action Plan and European Disability Policy in external relations; in that spirit, deems it appropriate to dedicate 10 % of the resources available under humanitarian aid to access to education in crisis areas;

60.

Underscores the strategic importance of providing sufficient funding for the Western Balkans in order to consolidate their path towards accession; fails to understand the Council's proposal to cut the allocation for political reforms, as such reforms are the backbone of any democratic transformation; stresses the need for appropriate financial backing for the 2018-2020 Action Plan of the Western Balkan Strategy, and decides, consequently, to increase the allocation to the Instrument for Pre-accession Assistance (IPA II) for the region;

61.

Highlights that the situation in the countries of the Eastern Partnership represents also a significant challenge for the Union; is convinced of the importance of providing additional funding to support our neighbours' reform efforts, contribute to increasing resilience and fostering peace and improving day to day life of the citizens of those countries;

62.

Calls for enhanced Union support to UNRWA, in line with its resolution of 8 February 2018 (10), in view of the worsening situation on the ground and the decision of the United States to withdraw its annual contribution to the agency; specifies that the proposed increase is exclusively dedicated to UNRWA in order to compensate the relevant loss;

63.

Is convinced of the potential of people-to-people contacts and youth mobility, also as one of the key strategies to enhance the impact of the Union external action and its visibility among the public of partner countries; decided therefore to reinforce the contributions from DCI, ENI, IPA II, and Partnership Instrument to Erasmus+;

64.

In line with the principle of conditionality, supports a reduction in the amount allocated to Turkey in all budget lines, in view of the continuing backsliding on the rule of law, democracy and human rights; at the same time, deems it necessary to further strengthen the direct support to civil society, as well as people-to-people contacts;

65.

Deems it necessary to increase appropriations for the Turkish Cypriot Community budget line for the purpose of contributing decisively to the continuation and intensification of the mission of the Committee on Missing Persons in Cyprus, the wellbeing of Maronites wishing to resettle and that of all enclaved persons as agreed in the 3rd Vienna Agreement, and of supporting the bicommunal Technical Committee on Cultural Heritage, thereby promoting trust and reconciliation between the two communities;

66.

Acknowledges the moderate increase in funding for the Common Foreign and Security Policy (CFSP) proposed by the Commission, while noting that the CFSP budget is still under heavy pressure, also considering the expansion of a number of Common Security and Defence Policy (CSDP) missions risking to exacerbate the problem in 2019; reverses the reduction proposed by the Council for other crisis management measures and operations, which would result in less flexibility in dealing with unexpected crises;

67.

As a result, decides to reverse almost all of the Council's cuts, to reinforce Heading 4 by EUR 425,4 million above the 2019 DB (excluding pilot projects and preparatory actions), while decreasing FRT and Turkey related lines and non restoring Council's cuts with a total effect of EUR -1,24 billion, thereby resulting in a net difference of EUR - 819,1 million below the 2019 DB in Heading 4;

Heading 5 — Administration; Other headings — administrative and research support expenditure

68.

Considers that Council's cuts are unjustified and do not reflect the real needs; restores therefore the 2019 DB for all Commission administrative expenditure, including administrative and research support expenditure in Headings 1 to 4;

Decentralised Agencies

69.

Endorses, as a general rule, the Commission's estimates of the budgetary needs of agencies; considers, therefore, that any further cuts proposed by the Council would endanger the proper functioning of the agencies and would not allow them to fulfil the tasks they have been assigned; notes with particular irritation the arbitrary cut of merely EUR 10 000 to CEPOL and invites the Council to share with Parliament the substantial details on why it considers such cuts to be necessary and reasonable;

70.

Notes that the fee-financing of agencies reduces the burden to the Union budget by EUR 1 billion annually; underlines that public tasks such as in the area of health, environment, or security and justice should always remain within the Union budget; believes however that the Commission should continue to address the risk of conflicts of interest potentially arising in fee financed agencies and take adequate measures to avoid such conflicts;

71.

Recalls the importance for the Union of focusing on competitiveness for growth and jobs; considers, in that context, that additional appropriation and staff are needed for the European GNSS Agency (GSA) and the Agency for the Cooperation of Energy Regulators (ACER); notes the creation of the European Labour Authority (ELA) and underlines the need to mobilise fresh resources for it; restores Council's substantial cuts to the appropriations for the European Supervisory Authorities (ESAs),while putting parts of their appropriations into reserve pending progress on the ESAs' review;

72.

In the context of the challenges the Union is still facing in terms of security, and bearing in mind the necessity for a coordinated European response, decides to reinforce the appropriations for the EUROPOL, eu-LISA, CEPOL, EUROJUST, EPPO, and the European Union Agency for Network and Information Security (ENISA);

73.

Expects the pressure on some Member States' migration and asylum systems, as well as on their borders, to remain high in 2019 and possibly escalate; stresses that the future need of the European Border and Coast Guard Agency (FRONTEX) and the European Asylum Support Office (EASO) in terms of operational resources and staff will have to be closely monitored and possibly updated for the 2019 Budget; asks the Commission to provide an overview of the budgetary needs for the 2019 Budget for the proposed reforms of those agencies as soon as possible;

74.

Highlights the need for an adequate level of financial appropriations for agencies which will be dealing with new additional tasks;

75.

Reiterates its position that the 5 % staff reduction target has been successfully reached; expresses its intention to include a common statement by all institutions that confirms the end of that one-time exercise; considers that the new posts adopted in its position are needed to fulfil additional tasks due to new policy developments and new legislation;

76.

Recalls that the Inter-Institutional Working Group on Decentralised Agencies' Resources 2 concluded its work by adopting recommendations on lessons learned from the approach to achieving the 5 % staff reduction target, the treatment of new tasks, evaluations of agencies, the sharing of services, the evaluation of agencies with multiple locations and the model for fee-financing agencies; welcomes the ratification of those recommendations by the institutions; expresses its intention to continue scrutinizing the Commission work on those recommendations in the future;

Pilot projects and preparatory actions (PP-PAs)

77.

Recalls the importance of pilot projects and preparatory actions (PP-PAs) as tools for the formulation of political priorities and the introduction of new initiatives that have the potential to turn into standing Union activities and programmes; having carried out a careful analysis of all the proposals submitted and taking into account the Commission's assessment of their respect of legal requirements and implementability, decides to adopt a balanced package of PP-PAs that reflects Parliament's political priorities;

78.

Welcomes the launch of Discover EU, the distribution of 15 000 InterRail tickets to 18-year-old Europeans in 2018, as well as the Commission proposal of EUR 700 million for the MFF 2021-2027, which fits well with the Union's ambitions to promote learning mobility, active citizenship, social inclusion and solidarity among all young people; decides to continue the relevant preparatory action in 2019 and is determined to continue it also in 2020;

Special instruments

79.

Recalls the usefulness of special instruments to provide flexibility over and above the extremely tight ceilings of the current MFF and welcomes the improvements brought about by the mid-term revision of the MFF Regulation; calls for an extensive use of the Flexibility Instrument and the Global Margin for Commitments in the 2019 Budget in order to finance the wide range of new challenges and additional responsibilities that the Union budget is facing; recalls also the significance of the European Globalisation Adjustment Fund (EGF), the Emergency Aid Reserve (EAR) and the European Union Solidarity Fund (EUSF);

Payments

80.

Reiterates its concerns that, despite recent catching-up, under-execution in payments has reached record low in the past three years, notably in subheading 1b; regrets that such delays prevent Union priorities and projects from delivering their full potential to citizens in a timely manner; points to the fact that, as a result, the 2019 DB leaves an unprecedented margin of EUR 19,3 billion below the payment ceiling; reinforces payment appropriations on those lines which are amended in commitment appropriations;

Other Sections

Section I — European Parliament

81.

Maintains unchanged the overall level of its budget for 2019, in line with its abovementioned resolution on its estimates of revenue and expenditure adopted by the plenary on 19 April 2018, at EUR 1 999 144 000; incorporates budgetary-neutral technical adjustments to reflect updated information which was not available earlier this year;

82.

Notes that the level of estimates for 2019 corresponds to 18,53 %, which is lower than that achieved in 2018 (18,85 %) and the lowest part of Heading 5 in more than fifteen years;

83.

Notes that, due to the 2019 European Parliament elections, expenditure will be higher in some areas, in particular in respect of Members who are not re-elected and their assistants, whilst savings, albeit of a lesser magnitude, will be generated in other areas as a result of the reduction in the volume of parliamentary business in an election year;

84.

Welcomes the fact that the 2019 Budget will include further instalments of substantial investments started back in 2016 with a view to significantly improving Parliament's security; points out that those projects cover various domains, mainly relating to buildings, such as the security upgrade of the entrance, equipment and staff, as the iPACS Project, but also improvements in the field of cyber-security and communication security;

85.

Takes note of the Bureau decision to take into consideration two options for the PHS building: renovation or the rebuilding; urges the Secretary-General and the Bureau to provide the budgetary authority with a detailed budget for each of those options in addition to all technical specifications;

86.

Reduces the establishment plan of its General Secretariat for 2019 by 59 posts (1 % staff reduction target), in accordance with the agreement of 14 November 2015 reached with the Council on the general budget of the European Union for the financial year 2016, in which Parliament's annual staff reduction measures are set to continue until 2019;

87.

Considers that in its resolution of 18 April 2018 on the Integrity Policy of the Commission, Parliament expressed its concerns with regard to the appointment procedures for its senior officials, reiterates its call on the Commission to review before the end of 2018 its administrative procedure for the appointment of senior officials with the objective of fully ensuring that the best candidates are selected within a framework of maximum transparency and equal opportunities;

88.

Notes the decision of the General Court of 25 September 2018 confirming Parliament's refusal to grant access to documents relating to MEPs' subsistence allowances, travel expenses and parliamentary assistance allowances (Judgment in Cases T-639/15 to T-666/15 Maria Psara and Others v Parliament and T-94/16 Gavin Sheridan v Parliament); reminds the Bureau that the plenary has appealed for greater transparency and an urgent need to audit the General Expenditure Allowance (GEA); welcomed, in this regard, the creation of an ad hoc working group for defining and publishing the rules concerning the use of the GEA; regrets, however, that the based on the report of its working group the Bureau could only agree on a non-exhaustive list of eligible expenses, and on the need for each Member of Parliament to have a separate bank account dedicated to funds received as part of the GEA; reiterates its call on the Bureau to make the following additional changes concerning the GEA:

—	to require Members to keep all receipts pertaining to the GEA;

—	to require Members to return the unspent share of the GEA the end of their mandate;

89.

Recalls Article 62 of the Decision of the Bureau of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament, which stipulates that 'the sums paid', including the General Expenditure Allowance, 'shall be reserved exclusively for the funding of activities linked to the exercise of a Member's mandate and may not be used to cover personal expenses or to fund grants or donations of a political nature' and that 'Members shall pay back any unused amounts to Parliament'; calls upon the Secretary-General and the Bureau of the European Parliament to ensure that those provisions are fully implemented and complied with;

90.

Recalls that on 23 October 1997, in its resolution on the general budget for 1998, Parliament called upon its Bureau to request the Court of Auditors to investigate Parliament's voluntary pension scheme, which led to the issuance of the Court of Auditor's opinion No 5/99 dated 16 June 1999 on the 'Pension Fund and Scheme for Members of the European Parliament'; calls now on the Bureau to urgently request the Court of Auditors to produce another such opinion on the pension scheme and fund in 2019;

91.

Recalls that, in a note to the Bureau dated 8 March 2018, its Secretary-General accepted that the pension fund linked to the Members' voluntary pension scheme 'will exhaust its capital well before the end of the pension obligations and possibly already by 2024'; calls therefore upon the Secretary-General and the Bureau, while respecting fully the Statute for Members, to urgently establish with the pension fund a clear plan for the Parliament assuming and taking over its obligations and responsibilities for its Member's voluntary pension scheme immediately after the 2019 elections;

92.

Demands additional Union support for the parliamentary dimension of the WTO, in particular by an increased financial and personnel support to the responsible secretariat;

93.

Calls for the upgrade of the European Science Media Hub, adopted in the 2018 Budget, and for cooperation with television stations, social media and further partners in order to establish training purposes for young journalists, especially in relation to new scientific and technological developments and to fact-based, peer-reviewed news;

94.

Demands, for the purpose of implementing the recommendations of Parliament's resolution of 26 October 2017 on combating sexual harassment and abuse in the Union, further support to cover the cost of the external expertise needed to widen the external audit that has been implemented on the Advisory committee dealing with harassment complaints concerning Members, to the 'Staff advisory committee for Parliament staff' on harassment prevention; also demands, for the same purpose, further support to cover the cost of additional staff competent to manage harassment cases within Parliament, gathering in a dedicated service staff with medical, psychological, legal, and human resources management background, and specific expertise in that field;

95.

Recalls the 2014 ECA analysis which estimated the costs of the geographic dispersion of the Parliament to be EUR 114 million per year; furthermore, notes the finding from its resolution of 20 November 2013 on the location of the seats of the European Union's Institutions (11) that 78 % of all missions by Parliament statutory staff arise as a direct result of the Parliament's geographic dispersion; emphasises that the report also estimates the environmental impact of the geographic dispersion to be between 11 000 to 19 000 tonnes of CO2 emissions; reiterates the negative public perception caused by that dispersion and calls therefore for a roadmap to a single seat and a reduction in the relevant budget lines;

96.

Urges the Secretary-General to devise detailed arrangements for more sharing of back office functions and services between Parliament, the Committee of the Regions and the European Economic and Social Committee;

Section IV — Court of Justice

97.

Restores the 2019 DB on all budget items cut by the Council, which are essential to the functioning of the Court, and restores the estimates for two budget items in order to enhance the Court's ability to deal with increasingly high translation demands;

98.

Restores the 16 posts and the related appropriations cut by the Commission in the 2019 DB to prevent any bottleneck that might be detrimental to the productivity of the courts in the context of new activities taken up by the Court and of continuous increase of the workload; considers that the creation of 16 new permanent posts for the support services, initially proposed by the Court and rejected by the Commission, should be granted;

Section V — Court of Auditors

99.

Restores the 2019 DB on all items cut by Council, in order to implement the work programme of the Court of Auditors and to deliver the planned Audit Reports;

Section VI — European Economic and Social Committee

100.

Restores the 2019 DB on all items cut by the Council;

101.

Increases a number of lines above the 2019 DB in line with the European Economic and Social Committee's own estimates;

Section VII — Committee of the Regions

102.

Restores the 2019 DB on all items cut by the Council;

103.

Increases a number of lines above the 2019 DB in line with the Committee of the Region's own estimates;

Section VIII — European Ombudsman

104.

Maintains unchanged the overall level of the Ombudsman's budget for 2019 as proposed by the Commission in the 2019 DB;

Section IX — European Data Protection Supervisor

105.

Decides not to restore the 2019 DB in the line cut by the Council, due to a high increase of the total budget as compared to the previous year;

Section X — European External Action Service

106.

Restores the 2019 DB on all lines cut by the Council;

107.

Increases a number of lines above the 2019 DB in line with EEAS own estimates;

108.

Reiterates Parliament's support to the Strategic Communication Capacity and reinforces it to deliver a stronger coordinated Union response to the challenge of disinformation;

109.

Restores the 28 posts and related appropriations cut by the Council and adds a further five posts which constitute a moderate staff increase that is justified by the EEAS's significant new responsibilities, in particular those connected to the withdrawal of the United Kingdom from the Union, namely the creation of a new Union delegation in London and a new unit in the headquarters, and the adoption of a number of initiatives in the field of security and defence in recent months;

o o

110.

Instructs its President to forward this resolution, together with the amendments to the draft general budget, to the Council, the Commission, the other institutions and bodies concerned and the national parliaments.

(1) OJ L 168, 7.6.2014, p. 105.

(2) OJ L 298, 26.10.2012, p. 1.

(3) OJ L 193, 30.7.2018, p. 1.

(4) OJ L 347, 20.12.2013, p. 884.

(5) OJ C 373, 20.12.2013, p. 1.

(6) Texts adopted, P8_TA(2018)0089.

(7) Texts adopted, P8_TA(2018)0182.

(8) Texts adopted, P8_TA(2018)0311.

(9) Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 (OJ L 78, , p. 23 20.3.2013 ).

(10) Texts adopted, P8_TA(2018)0042.

(11) OJ C 436, 24.11.2016, p. 2.

16.10.2020

Official Journal of the European Union

C 345/234

P8_TA(2018)0407

Support to structural reforms in Member States ***I

European Parliament legislative resolution of 24 October 2018 on the proposal for a regulation of the European Parliament and of the Council amending 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 as regards support to structural reforms in Member States (COM(2017)0826 — C8-0432/2017 — 2017/0336(COD))

(Ordinary legislative procedure: first reading)

(2020/C 345/36)

The European Parliament,

—	having regard to the Commission proposal to Parliament and the Council (COM(2017)0826),

—	having regard to Article 294(2) and the third paragraph of Article 175 and Article 177 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0432/2017),

—	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 14 March 2018 (1),

—	after consulting the Committee of the Regions,

—	having regard to Rule 59 of its Rules of Procedure,

—

having regard to the report of the Committee on Regional Development and also the opinions of the Committee on Budgets, the Committee on Budgetary Control, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Agriculture and Rural Development and the Committee on Women's Rights and Gender Equality (A8-0316/2018),

Rejects the Commission proposal;

Calls on the Commission to withdraw its proposal;

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

(1) Not yet published in the Official Journal.

16.10.2020

Official Journal of the European Union

C 345/235

P8_TA(2018)0408

Launch of automated data exchange with regard to dactyloscopic data in Ireland *

European Parliament legislative resolution of 24 October 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Ireland (11265/2018 — C8-0388/2018 — 2018/0808(CNS))

(Consultation)

(2020/C 345/37)

The European Parliament,

—	having regard to the Council draft (11265/2018),

—	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 (C8-0388/2018),

—	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 (A8-0344/2018),

Approves the Council draft;

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

Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

Instructs its President to forward its position to the Council and the Commission.

(1) OJ L 210, 6.8.2008, p. 1.

16.10.2020

Official Journal of the European Union

C 345/236

P8_TA(2018)0409

Launch of automated data exchange with regard to DNA data in Ireland *

European Parliament legislative resolution of 24 October 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to DNA data in Ireland (11282/2018 — C8-0389/2018 — 2018/0809(CNS))

(Consultation)

(2020/C 345/38)

The European Parliament,

—	having regard to the Council draft (11282/2018),

—	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 (C8-0389/2018),

—	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 (A8-0343/2018),

Approves the Council draft;

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

Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

Instructs its President to forward its position to the Council and the Commission.

(1) OJ L 210, 6.8.2008, p. 1.

16.10.2020

Official Journal of the European Union

C 345/237

P8_TA(2018)0410

Launch of automated data exchange with regard to dactyloscopic data in Croatia *

European Parliament legislative resolution of 24 October 2018 on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Croatia (11284/2018 — C8-0390/2018 — 2018/0810(CNS))

(Consultation)

(2020/C 345/39)

The European Parliament,

—	having regard to the Council draft (11284/2018),

—	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 (C8-0390/2018),

—	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 (A8-0345/2018),

Approves the Council draft;

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

Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

Instructs its President to forward its position to the Council and the Commission.

(1) OJ L 210, 6.8.2008, p. 1.

16.10.2020

Official Journal of the European Union

C 345/238

P8_TA(2018)0411

Reduction of the impact of certain plastic products on the environment ***I

Amendments adopted by the European Parliament on 24 October 2018 on the proposal for a directive of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment (COM(2018)0340 — C8-0218/2018 — 2018/0172(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 345/40)

Amendment 1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1)

The high functionality and relatively low cost of plastic means that this material is increasingly ubiquitous in everyday life. Its growing use in short-lived applications, which are not designed for re-use or cost-effective recycling means that related production and consumption patterns have become increasingly inefficient and linear. Therefore, in the context of the Circular Economy Action Plan (32), the Commission concluded in the European Strategy for Plastics (33) that the steady increase in plastic waste generation and its leakage into our environment, in particular into the marine environment, must be tackled in order to achieve a truly circular lifecycle for plastics.

(1)

The high functionality and relatively low cost of plastic means that this material is increasingly ubiquitous in everyday life . Global production of plastic has increased sharply and in 2017 reached 348 million tonnes. The European share of that production represented 18,5 % (64,4 million tonnes, up by 3,4 % compared to production in the previous year) . Its growing use in short-lived applications, which are not designed for re-use or cost-effective recycling means that related production and consumption patterns have become increasingly inefficient and linear. Therefore, in the context of the Circular Economy Action Plan (32), the Commission concluded in the European Strategy for Plastics (33) that the steady increase in plastic waste generation and its leakage into our environment, in particular into the marine environment, must be tackled in order to achieve a truly circular lifecycle for plastics and to reduce overall quantity of plastic in the environment . The European Strategy for Plastics is a small first step in establishing a circular economy based on reducing, reusing and recycling all plastic products.

Amendment 2

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1a)

Plastic plays a useful role in the economy and provides essential applications in many sectors. In particular, plastic is used in packaging (40 %) and in the building and construction sector (20 %). There is also important use of plastic in the automotive, electrical and electronic equipment, food and agricultural sectors. Nevertheless, the significant negative environmental, health and economic impacts of certain plastic products call for the setting up of a legal framework to effectively reduce those significant negative effects, including through a restriction on the placing on the market of particular single-use products for which more circular alternatives are readily available.

Amendment 3

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2)

Circular approaches that prioritise re-usable products and re-use systems will lead to a reduction of waste generated, and such prevention is at the pinnacle of the waste hierarchy enshrined in Article 4 of Directive 2008/98/EC of the European Parliament and of the Council (34). Such approaches are also in line with United Nations Sustainable Development Goal 12 (35) to ensure sustainable consumption and production patterns.

(2)

The measures laid down in this Directive should fully pursue circular approaches that prioritise safe, non-toxic re-usable products without any hazardous substances and re-use systems over any single-use product. All measures should, first and foremost, aim at a reduction of waste generated, and promote the prevention of waste as this is at the pinnacle of the waste hierarchy enshrined in Article 4 of Directive 2008/98/EC of the European Parliament and of the Council (34). Since any single-use product is prone to have a negative impact on climate or the environment due its short life cycle, priority needs to be given to prevention and re-use of products which can deliver high savings of CO2 and of valuable raw materials. This Directive will contribute to achieve the United Nations Sustainable Development Goal 12 (35) to ensure sustainable consumption and production patterns.

Amendment 4

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3)

Marine litter is of a transboundary nature and is recognized as a global problem. Reducing marine litter is a key action for the achievement of United Nations Sustainable Development Goal 14 which calls to conserve and sustainably use the oceans, seas and marine resources for sustainable development (36). The Union must play its part in tackling marine litter and aim to be a standard setter for the world. In this context, the Union is working with partners in many international fora such as G20, G7 and United Nations to promote concerted action. This initiative is part of the Union efforts in this regard.

(3)

Marine litter is of a transboundary nature and is recognised as a global problem. Increasing amounts of waste are reaching the oceans around the world and affecting the health of ecosystems, killing animals. Reducing marine litter is a key action for the achievement of United Nations Sustainable Development Goal 14 which aims to conserve and sustainably use the oceans, seas and marine resources for sustainable development (36). The Union must play its part in tackling marine litter, preventing the production of litter, and managing marine litter more effectively and aim to be a standard setter for the world. In this context, the Union is working with partners in many international fora such as the G20, G7 and United Nations to promote concerted action. This initiative is part of the Union efforts in this regard.

Amendment 5

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5)

In the Union, 80 to 85 % of marine litter, measured as beach litter counts, is plastic, with single-use plastic items representing 50 % and fishing-related items representing 27 %. Single-use plastics products include a diverse range of commonly used fast-moving consumer products that are discarded after having been used once for the purpose for which they were provided, are rarely recycled, and are prone to littering. A significant proportion of the fishing gear placed on the market is not collected for treatment. Single-use plastic products and fishing gear containing plastic are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems, biodiversity and, potentially, to human health and are damaging activities such as tourism, fisheries and shipping.

(5)

In the Union, 80 to 85 % of marine litter, measured as beach litter counts, is plastic, with single-use plastic items representing 50 % and fishing-related items representing 27 %.Single-use plastics products include a diverse range of commonly used fast-moving consumer products that are discarded after having been used once for the purpose for which they were provided, are rarely recycled, and are prone to littering. A significant proportion of the fishing and aquaculture gear placed on the market is not collected for treatment. Single-use plastic products and fishing and aquaculture gear containing plastic , such as pots, traps, floats and buoys, nets, ropes, strings, cords and lines are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems, biodiversity as well as to human and animal health, and are damaging activities such as tourism, fisheries and shipping.

Amendment 6

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a)

The Council, at its meeting of 25 June 2018, adopted conclusions on 'Delivering on the EU Action Plan for the Circular Economy', clearly supporting the actions undertaken at a European and global level to restrict the use of microplastics intentionally added to products as well as the use of oxo-plastics in the Union and the actions envisaged in the Plastics Strategy concerning the reduction of microplastics from textiles, car tyres and leakage of pre-production pellets. The Union is already taking action as there is an ongoing process under REACH, whereby the Commission asked the European Chemicals Agency to develop an Annex XV restriction dossier concerning the use of intentionally added microplastic particles to consumer or professional use products of any kind.

Amendment 7

Proposal for a directive

Recital 5 b (new)

Text proposed by the Commission

Amendment

(5b)

The Union should adopt a comprehensive approach to the problem of microplastics and should encourage all producers to strictly limit microplastics from their formulations, with particular attention to textile and tyre manufacturers since synthetic clothing and tyres contribute to 63 % of microplastics which end up directly in the aquatic environment.

Amendment 8

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6)

Existing Union legislation (40) and policy instruments provide some regulatory responses to address marine litter. In particular, plastic waste is subject to overall Union waste management measures and targets, such as the recycling target for plastic packaging waste (41) and the recently adopted objective in the Plastics Strategy (42) to ensure that all plastic packaging is recyclable by 2030. However, the impact of that legislation on marine litter is not sufficient and there are differences in the scope and the level of ambition amongst national measures to prevent and reduce marine litter. In addition, some of those measures, in particular marketing restrictions for single-use plastic products, may create barriers to trade and distort competition in the Union.

(6)

Proper waste management remains essential for the prevention of (marine) litter. Existing Union legislation (40) and policy instruments provide some regulatory responses to address marine litter. In particular, plastic waste is subject to overall Union waste management measures and targets, such as the recycling target for plastic packaging waste (41) and the recently adopted objective in the Plastics Strategy (42) to ensure that all plastic packaging is recyclable by 2030. However, the impact of that legislation on marine litter is not sufficient and there are differences in the scope and the level of ambition amongst national measures to prevent and reduce marine litter. In addition, some of those measures, in particular marketing restrictions for single-use plastic products, may create barriers to trade and distort competition in the Union.

Amendment 9

Proposal for a directive

Recital 6 a (new)

Text proposed by the Commission

Amendment

(6a)

Fostering research and innovation in the packaging sector is a key factor in order to promote a more sustainable value chain. In order to achieve that aim, it is necessary to strengthen the relevant funding mechanisms within the context of the European R&D programming tools, such as the EU Framework Programmes for Research and Innovation (i.e. Horizon 2020), with a view to the forthcoming Strategic Research Innovation Agenda for Plastics.

Amendment 10

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(7)	To focus efforts where they are most needed, this Directive should only cover the most found single-use plastics products , which are estimated to represent around 86 % of the single-use plastics found, in counts, on beaches in the Union.

(7)

To focus efforts where they are most needed, this Directive should only cover the most found single-use plastics products as well as fishing gear . The single-use plastics products covered by measures under this Directive are estimated to represent around 86 % of the single-use plastics found, in counts, on beaches in the Union.

Amendment 11

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7a)	This Directive is without prejudice to the provisions established in Directive 94/62/EC regarding single-use plastic products that are considered packaging items as defined by Article 3(1) of Directive 94/62/EC.

Amendment 12

Proposal for a directive

Recital 7 b (new)

Text proposed by the Commission

Amendment

(7b)	The review report of the Commission should indicate whether the scope can be broadened to single-use products in general.

Amendment 13

Proposal for a directive

Recital 7 c (new)

Text proposed by the Commission

Amendment

(7c)

Terrestrial pollution and contamination of soil by larger items of plastic and resulting fragments or micro-plastics can be significant on local or regional scales. On a local scale that can be considerable due to intensive use of plastics in agriculture. To reduce the effects of plastic waste on the environment and on human and animal health, plastic pollution from agricultural land should be thoroughly investigated.

Amendment 14

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

(8a)

Plastic products should be manufactured taking into account their entire lifespan. Eco-design of plastic products should always take into account production phase, recyclability and possibly also reusability of the product. Producers should be encouraged, where appropriate, to use single or compatible polymers for manufacturing their products in order to simplify sorting and enhance recyclability, especially in the case of plastic packaging

Amendment 16

Proposal for a directive

Recital 9 a (new)

Text proposed by the Commission

Amendment

(9a)	By retaining the value of products and materials for as long as possible and generating less waste, the economy of the Union can become more competitive and more resilient, while reducing the pressure on precious resources and the environment.

Amendment 17

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10)

The single-use plastic products should be addressed by one or several measures, depending on various factors, such as the availability of suitable and more sustainable alternatives, the feasibility to change consumption patterns, and the extent to which they are already covered by existing Union legislation.

(10)

The single-use plastic products should be addressed by one or several measures, depending on various factors, such as the availability of suitable and more sustainable alternatives, taking into account life cycle principles, the feasibility to change consumption patterns, and the extent to which they are already covered by existing Union legislation.

Amendment 18

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11)

For certain single-use plastic products, suitable and more sustainable alternatives are not yet readily available and the consumption of most such single-use plastic products is expected to increase. To reverse that trend and promote efforts towards safe and sustainable solutions, Member States should be required to take the necessary measures to achieve an ambitious and sustained reduction in the consumption of those products , as is being done for plastic bags under Directive 94/62/EC, as amended by Directive (EU) 2015/720 of the European Parliament and of the Council (43a), without compromising food hygiene or food safety, good hygiene practices, good manufacturing practices, consumer information, or traceability requirements set out in Union food legislation (44). These measures should apply to containers for food fulfilling all of the following criteria: the food in question is intended for immediate consumption, it is intended for consumption without further preparation, and it is intended to be consumed from the receptacle. Member States should aim at the highest possible ambition for those measures, which should be proportionate to the seriousness of the littering risk of the various products and uses. Member States should adopt national targets to quantify the effects of the measures taken to achieve the ambitious and sustained reduction. Member States should encourage the use of products that are suitable for multiple use and that are, after having become waste, suitable for preparing for re-use and recycling, without compromising the free movement of goods in the internal market. Those measures should take into account the impact of products throughout their life cycle including when found in the marine environment and should respect the waste hierarchy.

Amendment 19

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission

Amendment

(11a)

Tobacco product filters are the second most littered single-use plastic items. Although the market share of plant-derived cellulose filters for tobacco products appears to be increasing, the acceptability of the available alternatives is not clear. Furthermore, the huge impact on the environment of tobacco products with filters cannot be ignored as those filters may break into smaller plastic pieces. Used tobacco filters also contain numerous chemicals that are harmful for the environment, of which at least 50 are known human carcinogens, as well as heavy metals, which may leach from the filter and harm the surrounding land, air and marine environments. In order to address the environmental impact caused by post-consumption waste, a wide range of measures are necessary for tobacco products with filters, ranging from a reduction of single-use, disposable filters containing plastic to extended producer responsibility to ensure responsible disposal and to cover the costs of litter clean-up. In order to address the significant collection and sorting costs currently borne by taxpayers, the extended producer responsibility schemes should cover the costs of litter clean-up and the costs for appropriate waste collection infrastructures. As part of these measures, Member States could also create incentives for a cigarette butt recovery chain to clean cellulose acetate, the plastic material that makes up 60 % of the composition of cigarette filters, and then transform it into new plastic objects.

Amendment 20

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12)

For other single-use plastic products, suitable and more sustainable alternatives that are also affordable are readily available. In order to limit the adverse impact of such products on the environment, Member States should be required to prohibit their placing on the Union market. By doing so, the use of those readily available and more sustainable alternatives that comply with existing standards and Union law as well as innovative solutions towards more sustainable business models, re-use alternatives and substitution of materials would be promoted , in line with the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC . The marketing restrictions introduced in this Directive should also cover products made of oxo-degradable plastic, as this type of plastic does not properly biodegrade and thus contributes to microplastic pollution in the environment, is not compostable, negatively affects the recycling of conventional plastic and fails to deliver a proven environmental benefit. In view of the high prevalence of polystyrene litter in the marine environment and the availability of alternatives, single-use food and beverage containers made of expanded polystyrene should also be restricted.

Amendment 21

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission

Amendment

(12a)

For plastic plates and cutlery, even if suitable and if more sustainable alternatives are also readily available, where duly justified and in order to avoid any risks in the continuity of the provision of certain social services, such as catering in educational establishments and health-care services, it is appropriate to come with a limited time extension for the implementation of prohibiting their placing on the Union market.

Amendment 23

Proposal for a directive

Recital 12 c (new)

Text proposed by the Commission

Amendment

(12c)

The measures laid down in this Directive which promote the usage of non-plastic alternatives should under no circumstances cause an increase of detrimental effects to the environment and the climate, e.g. additional CO2 emissions or the exploitation of valuable resources. While many of the non-plastic alternatives are made out of natural resources and are expected to originate from the bio-economy, it is especially important to ensure the sustainability of these materials. In respect of the waste hierarchy, the measures laid down in this Directive and their implementation should always give priority to prevention or to the transition to re-usable products rather than to other single-use alternatives, even if they are made of non-plastic materials.

Amendment 24

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13)

Caps and lids , with a significant part made of plastic, from beverage containers are among the most found single-use plastic items littered on Union beaches. Therefore, beverage containers that are single-use plastic products should only be allowed to be placed on the market if they fulfil specific product design requirements significantly reducing the leakage into the environment of beverage container caps and lids. For beverage containers that are single-use plastic products and packaging, this requirement is an addition to the essential requirements on the composition and the reusable and recoverable, including recyclable, nature of packaging set out in Annex II of Directive 94/62/EC. In order to facilitate conformity with the product design requirement and ensure a smooth functioning of the internal market, it is necessary to develop a harmonised standard adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council (45) and the compliance with that standard should allow presumption of conformity with those requirements. Sufficient time should be envisaged for the development of a harmonised standard and to allow the producers to adapt their production chains in relation to the implementation of the product design requirement.

(13)

Caps and lids made of plastic, from beverage containers are among the most found single-use plastic items littered on Union beaches. Therefore, beverage containers that are single-use plastic products should only be allowed to be placed on the market if they fulfil specific product design requirements significantly reducing the leakage into the environment of beverage container caps and lids and increasing the quantities recycled . For beverage containers that are single-use plastic products and packaging, this requirement is an addition to the essential requirements on the composition and the reusable and recoverable, including recyclable, nature of packaging set out in Annex II of Directive 94/62/EC. In order to facilitate conformity with the product design requirement and ensure a smooth functioning of the internal market, it is necessary to develop a harmonised standard adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council (45) and the compliance with that standard should allow presumption of conformity with those requirements. Sufficient time should be envisaged for the development of a harmonised standard and to allow the producers to adapt their production chains in relation to the implementation of the product design requirement. In order to ensure the circular use of plastics, the market uptake of recycled materials needs to be safeguarded. It is therefore appropriate to introduce a requirement for a mandatory minimum content of recycled plastics in certain products.

Amendment 25

Proposal for a directive

Recital 13 a (new)

Text proposed by the Commission

Amendment

(13a)

In the context of the review to be undertaken pursuant to Article 9(5) of Directive 94/62/EC, the Commission should take into account the relative properties of different packaging materials, including composite materials, on the basis of life-cycle assessments, addressing in particular prevention and design for circularity.

Amendment 26

Proposal for a directive

Recital 13 b (new)

Text proposed by the Commission

Amendment

(13b)

The presence of dangerous chemical substances in sanitary towels and tampons and tampon applicators should be avoided in the interests of women's health. In the same way, the accessibility of multi-use and more economically sustainable solutions is vital in ensuring that women have full access to life in society.

Amendment 27

Proposal for a directive

Recital 14

Text proposed by the Commission

Amendment

(14)

Certain single-use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment. Therefore, single-use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements. The marking should inform consumers about appropriate waste disposal options and/or waste disposal options to be avoided and/or about the negative environmental impacts of litter as a result of inappropriate disposal. The Commission should be empowered to establish a harmonised format for the marking and when doing so should, where appropriate, test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandable.

(14)

Certain single-use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment. Disposal through sewers may in addition cause substantial economic damage to sewer networks by clogging pumps and blocking pipes . For these products, there is frequently a significant lack of information about the material characteristics of these products and the appropriate waste disposal. Therefore, single-use plastic products that are frequently disposed of through sewers or otherwise inappropriately disposed of should be subject to marking requirements and awareness-raising measures . The marking should inform consumers about appropriate waste disposal options and/or waste disposal options to be avoided, about the negative environmental impacts of litter as a result of inappropriate disposal, the presence of plastics in the product and the recyclability of the product . The Commission should be empowered to establish a harmonised format for the marking and when doing so should, where appropriate, test the perception of the proposed marking with representative groups of consumers to ensure that it is effective, clearly understandable , and not misleading, and should also consider existing voluntary agreements.

Amendment 28

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15)

With regard to single-use plastic products for which there are no readily available suitable and more sustainable alternatives, Member States should, in line with the polluter pays principle, also introduce extended producer responsibility schemes to cover the necessary costs of waste management and clean-up of litter, as well as the costs of awareness-raising measures to prevent and reduce such litter and to tackle consumer misbehaviour. These costs should not exceed the costs that are necessary to provide those services in a cost-efficient way and should be established in a transparent way between the actors concerned. Costs to clean up litter should be proportionate and should be based on clear objectives established in accordance with Article 8a(1) of Directive 2008/98/EC. These objectives should define the scope and scale of the clean-up activities covered by the extended producer responsibility scheme in line with relevant obligations concerning waste prevention and marine litter in Union law. Such activities should include for instance litter prevention and collection in streets, markets and other public spaces and during public events but should not include operations, including sea and ocean clean-up, for which public authorities are not responsible.

Amendment 29

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission

Amendment

(15a)

Economic incentives are able to influence consumer choice, encourage or discourage specific consumer habits and can thus be used as an effective upstream tool for reducing the impact of certain plastics on the environment.

Amendment 30

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16)

The large portion of plastic stemming from abandoned, lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements (46) do not provide sufficient incentives to return such fishing gear to shore for collection and treatment . Under Regulation (EC) No 1224/2009, if lost fishing gear cannot be retrieved, the master of the vessel is required to inform the competent authority of its flag Member State. In order to ensure harmonised monitoring, the data on lost fishing gear should be collected and recorded by the Member States and forwarded annually to the Commission . The indirect fee system envisaged under Union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea, and ensures a right of delivery. That system should, however, be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid. As plastic components of fishing gear have a high recycling potential, Member States should, in line with the polluter pays principle, introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear, in particular recycling. Member States should adopt the measures required to ensure that financial contributions paid by producers of fishing gear containing plastic in fulfilment of their obligations deriving from producer responsibility are adjusted, in particular to take into account the durability, reparability, re-usability and recyclability of such fishing gear.

Amendment 31

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission

Amendment

(16a)

In the framework of an extended producer responsibility for fishing gear containing plastic, Member States should monitor, assess, collect and recycle fishing gear in order to meet the quantitative targets for collection and recycling of fishing gear containing plastic laid down in this Directive.

Amendment 32

Proposal for a directive

Recital 17 a (new)

Text proposed by the Commission

Amendment

(17a)

In the Common Agricultural Policy (CAP) Strategic Plans, the problem of agricultural plastic waste should be addressed and the Commission should, as appropriate, introduce a standard for good agricultural and environmental condition of land on plastic waste as a new element of enhanced conditionality in the mid-term, by 2023. Farmers would, under the new cross-compliance requirement, be bound to use an authorised waste management business to arrange collection and recycling of plastic, and keep evidence that plastic waste has been handled correctly.

Amendment 33

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18)

In order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic, consumers need to be properly informed about the most appropriate waste disposal options available and/or waste disposal options to be avoided, best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single-use plastic products and fishing gear. Therefore, Member States should be required to take awareness raising measures ensuring that such information is given to the consumers. The information should not contain any promotional content encouraging the use of the single-use plastic products. Member States should be able to choose the measures which are most appropriate based on the nature of the product or its use. Producers of single-use plastic products and fishing gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation.

(18)

In order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic, consumers need to be properly informed about the most appropriate waste disposal options available and/or waste disposal options to be avoided, best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single-use plastic products and fishing gear, in order to incentivise responsible consumer behaviour in the correct disposal of waste . Therefore, Member States should be required to take awareness raising measures ensuring that such information is given to the consumers. This information should include the impact of inappropriate waste disposal on the sewer network. The information should not contain any promotional content encouraging the use of the single-use plastic products. Member States should be able to choose the measures which are most appropriate based on the nature of the product or its use. The fight against litter is a shared effort between competent authorities, producers and consumers. Producers of single-use plastic products and fishing gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation. Producers should be encouraged to use their marketing power to promote and drive sustainable and circular consumption and use of products.

Amendment 34

Proposal for a directive

Recital 18 a (new)

Text proposed by the Commission

Amendment

(18a)

In accordance with Union law, the Commission is required assist the Member States to produce strategies and plans for the reduction of the dispersal at sea of fishing gear, including through subsidies from the European Maritime and Fisheries Fund (EMFF). The efforts may include awareness-raising campaigns and programmes on the impact of such waste on marine ecosystems, research on the feasibility of biodegradable/compostable fishing gear, educational projects for fishermen and specific public programmes for the removal of plastic and other items from the marine environment.

Amendment 35

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(20)

Beverage bottles that are single-use plastic products are one of the most found marine litter items on the beaches in the Union. This is due to ineffective separate collection systems and low participation in those systems by the consumers. It is necessary to promote more efficient separate collection systems and therefore, a minimum separate collection target should be established for beverage bottles that are single-use plastic products. Member States should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single-use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or by any other measure that they find appropriate. This will have a direct, positive impact on the collection rate, the quality of the collected material and the quality of the recyclates, offering opportunities for the recycling business and the market for the recyclate.

(20)

Beverage bottles (with caps and lids) that are single-use plastic products are one of the most found marine litter items on the beaches in the Union. This is due to ineffective separate collection systems and low participation in those systems by the consumers. It is necessary to promote more efficient separate collection systems and to increase the production from recycled content and therefore, a minimum separate collection target should be established for beverage bottles that are single-use plastic products. Member States should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single-use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or any other measure that they find appropriate. This minimum collection target should be accompanied by a requirement for specific recycled content for plastic bottles, in order to ensure that the increase in plastic collected is reused or recycled and thus reintroduced into the circular economy. Those measures will have a direct, positive impact on the collection and recycling rate, the quality of the collected material and the quality of the recyclates, offering new opportunities for the recycling business and the market for the recyclate. When implementing the measures to achieve the minimum separate collection target, Member States should ensure that the sound operation of existing extended producer responsibility schemes is maintained. The Commission should lay down guidelines for the functioning of deposit-refund schemes for those Member States that choose to establish such schemes.

Amendment 36

Proposal for a directive

Recital 20 a (new)

Text proposed by the Commission

Amendment

(20a)

Directive 2008/98/EC defines 'separate collection' as the collection where a waste stream is kept separately by type and nature so as to facilitate a specific treatment. Directive (EU) 2018/851 of the European Parliament and of the Council (1a) amending Directive 2008/98/EC notes that separate collection could be achieved through door-to-door collection, bring and reception systems or other collection arrangements. Point (a) of Article 10(3) of Directive 2008/98/EC allows for a derogation whereby it should be possible to collect certain types of waste together provided that this does not impede high-quality recycling or other recovery of waste, in line with the waste hierarchy, and results in output from those operations which is of comparable quality to that achieved through separate collection. That derogation should be available also in the implementation of this Directive.

Amendment 37

Proposal for a directive

Recital 22

Text proposed by the Commission

Amendment

(22)

Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (48), the Commission should carry out an evaluation of this Directive. That evaluation should be based on experience gathered and data collected during the implementation of this Directive and data collected under Directive 2008/56/EC or Directive 2008/98/EC. The evaluation should provide the basis for an assessment of possible further measures and an assessment whether, in view of monitoring of marine litter in the Union, the Annex listing single-use plastic products needs to be reviewed. The evaluation should also consider whether scientific and technical progress that has taken place in the meantime, including the development of biodegradable materials and the development of criteria or a standard for biodegradability of plastics in the marine environment, as foreseen in the European Plastics Strategy, allows the setting of a standard for biodegradation of certain single-use plastic products in the marine environment. That standard would include a standard to test if, as a result of physical and biological decomposition in the marine environment, plastics would fully decompose into carbon dioxide (CO2), biomass and water within a timescale short enough for the plastics not to be harmful for marine life and not lead to an accumulation of plastics in the environment. If that is the case, single-use plastic products that meet such a standard could be exempted from the prohibition on placing on the market. While the European Strategy for Plastics already envisages action in this area, it also recognises the challenges in relation to determining a regulatory framework for plastics with biodegradable properties due to different marine conditions across seas.

(22)

Amendment 38

Proposal for a directive

Recital 23

Text proposed by the Commission

Amendment

(23)	Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. The penalties should be effective, proportionate and dissuasive.

(23)

Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. The penalties should be effective, proportionate and dissuasive. Consumers should also be incentivised or penalised for their behaviour, as appropriate.

Amendment 39

Proposal for a directive

Recital 25

Text proposed by the Commission

Amendment

(25)

Since the objectives of this Directive, namely to prevent and to reduce the impact of certain single-use plastic products and fishing gear containing plastic on the environment, to promote the transition to a circular economy, including the fostering of innovative business models, products and materials, thus also contributing to the efficient functioning of the internal market, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,

(25)

Since the objectives of this Directive, namely to prevent and to reduce the impact of certain single-use plastic products and fishing and aquaculture gear containing plastic on the environment and on human health , to promote the transition to a circular economy, including the fostering of innovative business models, products and materials, thus also contributing to the efficient functioning of the internal market, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,

Amendment 40

Proposal for a directive

Recital 25 a (new)

Text proposed by the Commission

Amendment

(25a)

Since plastic marine litter is not limited to the marine environment surrounding the Union and since a huge amount of plastic marine litter can be detected in other parts of the world than the Union, Member States should ensure that exports of waste materials to third countries do not add to plastic marine litter elsewhere.

Amendment 41

Proposal for a directive

Recital 25 b (new)

Text proposed by the Commission

Amendment

(25b)

Member States can also play an important role in curbing marine litter by sharing their knowledge and expertise in sustainable material management with third countries.

Amendment 42

Proposal for a directive

Recital 25 c (new)

Text proposed by the Commission

Amendment

(25c)

Public authorities, including the Union institutions, should lead by example.

Amendment 43

Proposal for a directive

Article 1 — paragraph 1

Text proposed by the Commission	Amendment
The objective of this Directive is to prevent and reduce the impact of certain plastic products on the environment, in particular the aquatic environment, and on human health as well as to promote the transition to a circular economy with innovative business models, products and materials, thus also contributing to the efficient functioning of the internal market.	The objective of this Directive is to prevent and reduce the impact of certain plastic products on the environment, in particular on the aquatic life and environment, and on human health as well as to promote the transition to a circular economy with innovative and sustainable business models, products and materials, thus also contributing to the efficient functioning of the internal market.

Amendment 44

Proposal for a directive

Article 2 — paragraph 1

Text proposed by the Commission	Amendment
This Directive shall apply to the single-use plastic products listed in the Annex and to fishing gear containing plastic.	This Directive shall apply to the single-use plastic products listed in the Annex and to fishing and aquaculture gear containing plastic.

Amendment 45

Proposal for a directive

Article 3 — paragraph 1 — point 1

Text proposed by the Commission

Amendment

(1)

'plastic' means a material consisting of a polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified;

(1)

'plastic' means a material consisting of a polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which functions or can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified;

Amendment 47

Proposal for a directive

Article 3 — paragraph 1 — point 2 a (new)

Text proposed by the Commission

Amendment

(2a)	'very lightweight plastic carrier bags' means lightweight plastic carrier bags as defined in Article 3(1c) of Directive 94/62/EC with a wall thickness below 15 microns;

Amendment 48

Proposal for a directive

Article 3 — paragraph 1 — point 3

Text proposed by the Commission

Amendment

(3)	'fishing gear' means any item or piece of equipment that is used in fishing and aquaculture to target or capture marine biological resources or that is floating on the sea surface and is deployed with the objective of attracting and capturing such marine biological resources

(3)

'fishing gear' means any item or piece of equipment that is used in fishing and aquaculture to target, capture or retain for farming marine biological resources or that is floating on the sea surface and is deployed with the objective of attracting, capturing or retaining such marine biological resources;

Amendment 49

Proposal for a directive

Article 3 — paragraph 1 — point 4

Text proposed by the Commission

Amendment

(4)	'waste fishing gear' means any fishing gear covered by the definition of waste in Directive 2008/98/EC, including all separate components, substances or materials that were part of or attached to such fishing gear when it was discarded;

(4)	'waste fishing gear' means any fishing gear covered by the definition of waste in Directive 2008/98/EC, including all separate components, substances or materials that were part of or attached to such fishing gear when it was discarded or lost ;

Amendment 50

Proposal for a directive

Article 3 — paragraph 1 — point 10

Text proposed by the Commission

Amendment

(10)

'producer' means any natural or legal person that, irrespective of the selling technique used, including distance contracts within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 (50), places on the market single-use plastic products and fishing gear containing plastic except persons carrying out fishing activities as defined in Article 4(28) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (51);

(10)

'producer' means any natural or legal person that professionally develops, manufactures, processes, treats, sells or imports , irrespective of the selling technique used, including distance contracts within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 (50), and in doing so, places on the market single-use plastic products and fishing gear containing plastic except persons carrying out fishing activities or aquaculture as defined in Article 4(25) and 4(28) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (51);

Amendment 51

Proposal for a directive

Article 3 — paragraph 1 — point 11 a (new)

Text proposed by the Commission

Amendment

(11a)

'separate collection' means separate collection as defined in Article 3(11) of Directive 2008/98/EC;

Amendment 52

Proposal for a directive

Article 3 — paragraph 1 — point 13 a (new)

Text proposed by the Commission

Amendment

(13a)

'Biodegradable plastic' means a plastic capable of undergoing physical, biological decomposition, such that it ultimately decomposes into carbon dioxide (CO2), biomass and water and in accordance with European standards for packaging recoverable through composting and anaerobic digestion;

Amendment 53

Proposal for a directive

Article 3 — paragraph 1 — point 14 a (new)

Text proposed by the Commission

Amendment

(14a)

'tobacco products' means tobacco products as defined in point (4) of Article 2 of Directive 2014/40/EU.

Amendments 118, 54 and 119

Proposal for a directive

Article 4

Text proposed by the Commission	Amendment
Article 4	Article 4
Consumption reduction	Consumption reduction
1. Member States shall take the necessary measures to achieve a significant reduction in the consumption of the single-use plastic products listed in Part A of the Annex on their territory by … [six years after the end-date for transposition of this Directive].	1. Member States shall take the necessary measures to achieve an ambitious and sustained reduction of at least 25 % by 2025 in the consumption of the single-use plastic products listed in Part A of the Annex on their territory.
Those measures may include national consumption reduction targets, measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer, economic instruments such as ensuring that single-use plastic products are not provided free of charge at the point of sale to the final consumer. Those measures may vary depending on the environmental impact of the products referred to in the first subparagraph.	Those measures may include measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer, economic instruments such as ensuring that single-use plastic products are not provided free of charge at the point of sale to the final consumer. Those measures may vary depending on the environmental impact, of the products referred to in the first subparagraph over their life cycle, including when littered .
	Member States shall draw up national plans describing the measures adopted pursuant to this paragraph. Member States shall notify the Commission of the plans and shall update them where necessary. The Commission may issue recommendations on those plans.
	Member States shall set national quantitative reduction targets to attain the objective laid down in the first subparagraph of this paragraph. Those targets shall be adopted by … [end-date for transposition of this Directive].
	Measures adopted pursuant to this paragraph shall be proportionate and non-discriminatory. Member States shall notify the Commission of those measures in accordance with Directive (EU) 2015/1535 (1a) where so required by that Directive.
2. The Commission may adopt an implementing act laying down the methodology for the calculation and verification of the significant reduction in the consumption of the single-use plastic products referred to in paragraph 1. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).	2. The Commission shall adopt an implementing act laying down the methodology for the calculation and verification of the ambitious and sustained reduction in the consumption of the single-use plastic products referred to in paragraph 1 by… [12 months after the date of entry into force of this Directive] . That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).
	2a. Member States shall take the necessary measures to achieve a sustained reduction of the environmental impact of waste from tobacco products, and in particular tobacco product filters containing plastic, by reducing post-consumption waste from tobacco product filters containing plastic as follows: 50 % by 2025 and 80 % by 2030, compared to the weighted average of plastic filters of tobacco products placed on the market between 2014 and 2016.

Amendment 55

Proposal for a directive

Article 6 — paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall ensure that single-use plastic products listed in Part C of the Annex that have caps and lids with a significant part made of plastic may be placed on the market only if the caps and lids remain attached to the container during the product's intended use stage.	1. Member States shall ensure that single-use plastic products listed in Part C of the Annex that have caps and lids made of plastic may be placed on the market only if the caps and lids remain attached to the container during the product's intended use stage.

Amendment 56

Proposal for a directive

Article 6 — paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Member States shall ensure that by 2025 beverage bottles listed in Part C of the Annex may be placed on the market only if they are made from at least 35 % recycled content and are recyclable.
	By 1 January 2022, the Commission shall adopt implementing acts laying down the methodology for the calculation of recycled content. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).

Amendment 57

Proposal for a directive

Article 6 — paragraph 2

Text proposed by the Commission	Amendment
2. For the purposes of this Article metal caps or lids with plastic seals shall not be considered to have a significant part made of plastic.	2. For the purposes of this Article metal caps or lids with plastic seals shall not be considered to be made of plastic. Glass and metal beverage containers that have caps and lids made of plastic shall not be covered by this Article.

Amendment 58

Proposal for a directive

Article 6 — paragraph 3

Text proposed by the Commission

Amendment

3. The Commission shall request the European standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1.

3. By … [3 months after the date of entry into force of this Directive], the Commission shall request the European standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1. Those standards shall in particular address the need to ensure the necessary strength, reliability and safety of beverage container closures, including those for carbonated drinks.

Amendments 59 and 140

Proposal for a directive

Article 7

Text proposed by the Commission

Amendment

Article 7

Marking requirements

1. Member States shall ensure that each single-use plastic product listed in Part D of the Annex placed on the market bears a conspicuous, clearly legible and indelible marking informing consumers of one or more of the following:

1. Member States shall ensure that each sales packaging of the single-use plastic products listed in Part D of the Annex placed on the market bears a conspicuous, clearly legible and indelible marking, both on packaging containing several units and on each separate unit, when packaged individually, informing consumers of the following:

(a)	appropriate waste disposal options for the product or waste disposal means to be avoided for that product,

(a)	appropriate waste disposal options for the product and/or waste disposal means to be avoided for that product,

(b)	the negative environmental impacts of littering or other inappropriate waste disposal of the products, or

(b)	the negative environmental impacts of littering or other inappropriate waste disposal of the products,

(c)	the presence of plastics in the product.

(c)	the presence of plastics in the product, and

(ca)	the presence in the product of chemicals of concern, such as hazardous metals, phthalates, PFAS, bisphenols, as well as endocrine disruptors and other substances of very high concern (SVHC) under Regulation (EC) No 1907/2006.

In addition, Member States shall ensure that each sales packaging of the single-use plastic products listed in Part D of the Annex, except tobacco products with filters and filters marketed for use in combination with tobacco products, placed on the market bears a conspicuous, clearly legible and indelible marking, both on packaging containing several units and on each separate unit, when packaged individually, informing consumers of the recyclability of the product.

2. The Commission shall, by … [12 months before the end-date for transposition of this Directive] adopt an implementing act laying down the specifications for the marking referred to in paragraph 1 and in doing so shall consider existing sectorial voluntary agreements and shall pay particular attention to the need to avoid information that misleads consumers. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).

Amendment 146

Proposal for a directive

Article 7 a (new)

Text proposed by the Commission	Amendment
	Article 7a
	Provisions for Sanitary Items
	Member States shall prevent the use of hazardous chemicals in the composition of sanitary towels, tampons and tampon applicators listed in Part D of the Annex.

Amendment 60

Proposal for a directive

Article 8 — paragraph 2 — subparagraph 1

Text proposed by the Commission

Amendment

With regard to the schemes established pursuant to paragraph 1, Member States shall ensure that the producers of the single-use plastic products listed in Part E of the Annex shall cover the costs of the collection of waste consisting of those single-use plastic products and its subsequent transport and treatment including the costs to clean up litter and the costs of the awareness raising measures referred to in Article 10 regarding those products. The financial contributions paid by the producers to comply with these obligations shall not exceed the costs that are necessary to provide those services in a cost-efficient way and shall be established in a transparent way between the actors concerned.

Amendment 61

Proposal for a directive

Article 8 — paragraph 2 — subparagraph 1 a (new)

Text proposed by the Commission

Amendment

With regard to the costs to clean up litter referred to in the first subparagraph, Member States shall ensure that the financial contributions paid by the producers are established in a proportionate way and are modulated in accordance with Article 8a(4) of Directive 2008/98/EC, and take into account the costs of clean-up of individual products or product groups. The costs shall be limited to activities undertaken on a regular basis by public authorities or on their behalf, which shall include litter clean-up activities aiming to meet relevant obligations concerning waste prevention and environmental protection under legislative acts of the Union.

Amendment 62

Proposal for a directive

Article 8 — paragraph 2 — subparagraph 1 b (new)

Text proposed by the Commission	Amendment
	The Commission shall develop guidelines, in consultation with Member States, on the distribution of the costs to clean up litter covered by the extended producer responsibility schemes.

Amendment 63

Proposal for a directive

Article 8 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. Member States shall ensure that extended producer responsibility schemes established pursuant to paragraph 1 of this Article for tobacco product filters containing plastic contribute to the achievement of the environmental objective laid down in Article 4(2a), including by ensuring that producers of tobacco product filters containing plastic cover the costs of the collection of waste of those products and its subsequent transport and treatment including the costs to clean up litter and the costs of the awareness raising measures referred to in Article 10 regarding those products. In order to achieve that objective, Member states may inter alia require the extended producer responsibility schemes to establish collection systems or finance collection infrastructure for used filters, or promote the decontamination and recycling of used filters through the establishment of a waste recovery chain.

Amendment 64

Proposal for a directive

Article 8 — paragraph 3

Text proposed by the Commission

Amendment

3. Member States shall ensure that extended producer responsibility schemes are established for fishing gear containing plastic placed on the Union market, in accordance with the provisions on extended producer responsibility in Directive 2008/98/EC. Member States shall ensure on that basis that a minimum collection rate of fishing gear containing plastic is achieved annually. From 2025 the minimum collection rate shall be 50 % calculated on the basis of the total weight of fishing gear containing plastic in a given year in the Member State concerned, expressed as a percentage of the average weight of fishing gear containing plastic placed on the market in the three preceding years in that Member State.

They shall also ensure that those extended producer responsibility schemes achieve a recycling target of at least 15 % for fishing gear containing plastic by 2025. In order to achieve that target, Member States may additionally require the schemes to inter alia:

(a)	modulate financial contributions in accordance with Article 8a(4) of Directive 2008/98/EC, to promote the placing on the market of fishing gear designed for re-use and recycling;

(b)	establish deposit-refund schemes to encourage the return of old, derelict or unusable fishing gear;

(c)	include monitoring, tracking and reporting programmes.

Amendment 65

Proposal for a directive

Article 8 — paragraph 4 — subparagraph 2 a (new)

Text proposed by the Commission	Amendment
	Without prejudice to technical measures laid down in Council Regulation (EC) No 850/98 (1a) , the Commission shall request the European standardisation organisations to develop harmonised standards relating to the circular design of fishing gear to encourage preparation for re-use and facilitate recyclability at end of life.

Amendment 66

Proposal for a directive

Article 9 — paragraph 1 — introductory part

Text proposed by the Commission	Amendment
Member States shall take the necessary measures to collect separately, by 2025, an amount of waste single-use plastic products listed in Part F of the Annex equal to 90 % of such single-use plastic products placed on the market in a given year by weight. In order to achieve that objective Member States may inter alia:	Member States shall take the necessary measures to collect separately, by 2025, an amount of waste single-use plastic products listed in Part F of the Annex equal to 90 % of such single-use plastic products placed on the market in a given year by weight and ensure their subsequent recycling . In order to achieve that objective Member States may inter alia:

Amendment 67

Proposal for a directive

Article 9 — paragraph 1 — subparagraph 1a (new)

Text proposed by the Commission	Amendment
	The first subparagraph shall apply without prejudice to Article 10(3)(a) of Directive 2008/98/EC.

Amendment 68

Proposal for a directive

Article 9 — paragraph 1 a (new)

Text proposed by the Commission	Amendment
	The Commission shall develop guidelines, in consultation with Member States, on the functioning of deposit-refund schemes.

Amendment 69

Proposal for a directive

Article 10

Text proposed by the Commission

Amendment

Article 10

Awareness raising measures

1. Member States shall take measures to inform consumers of the single-use plastic products listed in Part G of the Annex and fishing gear containing plastic about the following:

1. Member States shall take measures to inform as well as incentivise responsible behaviour from consumers of the single-use plastic products listed in Part G of the Annex and fishing gear containing plastic about the following:

(a)	the available re-use systems and waste management options for those products and fishing gear containing plastic as well as best practices in sound waste management carried out in accordance with Article 13 of Directive 2008/98/EC;

(a)	the availability of reusable alternatives, re-use systems and waste management options for those products and fishing gear containing plastic as well as best practices in sound waste management carried out in accordance with Article 13 of Directive 2008/98/EC

(b)	the impact of littering and other inappropriate waste disposal of those products and fishing gear containing plastic on the environment, and in particular on the marine environment.

(b)	the impact of littering and other inappropriate waste disposal of those products and fishing gear containing plastic on the environment, and in particular on the marine environment;

(ba)	the impact on the sewer network of inappropriate waste disposal of those products.

Amendment 70

Proposal for a directive

Article 11 — paragraph 2

Text proposed by the Commission

Amendment

The measures that Member States take to transpose and implement Articles 4 to 9 shall comply with Union food law to ensure that food hygiene and food safety are not compromised.

The measures that Member States take to transpose and implement Articles 4 to 9 shall comply with Union food law to ensure that food hygiene and food safety are not compromised and with Regulation (EC) No 1935/2004 of the European Parliament and of the Council (1a). Member States shall encourage the use of sustainable, safer alternatives to plastic where possible for materials in contact with food.

Amendment 71

Proposal for a directive

Article 11 — paragraph 2 a (new)

Text proposed by the Commission	Amendment
	Member States shall ensure that exports of waste materials to third countries do not add to plastic marine litter elsewhere.

Amendment 72

Proposal for a directive

Article 12 — paragraph 1 — introductory part

Text proposed by the Commission

Amendment

1. Member States shall ensure that natural or legal persons or their associations, organisations or groups, in accordance with national legislation or practice, have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, actions or omissions related to the implementation of Articles 5, 6, 7 and 8 when one of the following conditions is fulfilled:

1. Member States shall ensure that natural or legal persons or their associations, organisations or groups, in accordance with national legislation or practice, have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, actions or omissions related to the implementation of Articles 4, 5, 6, 7 , 8, 9 and 10 when one of the following conditions is fulfilled:

Amendment 73

Proposal for a directive

Article 13

Text proposed by the Commission

Amendment

Article 13

Information on monitoring of implementation

1. Without prejudice to Directive 2003/4/EC of the European Parliament and of the Council (52) and Directive 2007/2/EC of the European Parliament and of the Council (53), Member States, assisted by the European Environment Agency, shall set up a data set containing:

(a)	the data on single-use plastic products listed in Part A of the Annex that have been placed on the Union market each year, to demonstrate the consumption reduction in accordance with Article 4(1);

(a)	the data on single-use plastic products listed in Part A of the Annex that have been placed on the Union market each year, to demonstrate the consumption reduction in accordance with Article 4(1);

(aa)	the data on the placing on the market and separate collection of products listed in Part F of the Annex, to demonstrate the progress towards the achievement of the target set out in Article 9;

(ab)	the data on single-use plastic products listed in Part G of the Annex that are placed on the Union market each year in order to monitor their consumption in the Union;

(ac)	data on fishing gear containing plastic placed on the market and on waste fishing gear collected and treated;

(b)	information on the measures taken by Member States for the purposes of Article 4(1).

(b)	information on the plans and measures taken by Member States for the purposes of Article 4(1);

(ba)	data on marine litter, in particular that originating in products covered by this Directive in order to monitor the effects of the measures taken.

The data referred to in point (a) of the first subparagraph shall be updated annually within 12 months from the end of the reference year for which it is collected. Where possible, spatial data services as defined in Article 3(4) of Directive 2007/2/EC shall be used to present those data sets.

The data referred to in point (a) of the first subparagraph shall be reported for the first time by… [12 months after the entry into force of this Directive]. The data referred to in points (a) to (ac) shall be updated annually within 12 months from the end of the reference year for which it is collected. Where possible, spatial data services as defined in Article 3(4) of Directive 2007/2/EC shall be used to present those data sets.

2. Member States shall ensure that the Commission and the European Environment Agency have access to the data sets established in accordance with paragraph 1.

3. The European Environment Agency shall publish and update a Union-wide overview on the basis of the data collected by the Member States, on a regular basis. The Union-wide overview shall include, as appropriate, indicators for outputs, results and impacts of this Directive, Union-wide overview maps and Member State overview reports.

4. The Commission may adopt implementing acts laying down the format for the data set, information and data referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).

4. The Commission shall adopt implementing acts laying down the format for the data set, information and data referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).

Amendments 74 and 150

Proposal for a directive

Article 15

Text proposed by the Commission

Amendment

Article 15

Evaluation and review

1. The Commission shall carry out an evaluation of this Directive by … [ 6 years after the end-date for transposition of this Directive]. The evaluation shall be based on the information available in accordance with Article 13. Member States shall provide the Commission with any additional information necessary for the purposes of the evaluation and the preparation of the report referred to in paragraph 2.

1. The Commission shall carry out an evaluation of this Directive by … [ 5 years after the end-date for transposition of this Directive]. The evaluation shall be based on the information available in accordance with Article 13. Member States shall provide the Commission with any additional information necessary for the purposes of the evaluation and the preparation of the report referred to in paragraph 2.

2. The Commission shall submit a report on the main findings of the evaluation carried out in accordance with paragraph 1 to the European Parliament, the Council and the European Economic and Social Committee. The report shall be accompanied by a legislative proposal, if appropriate. That proposal shall, if appropriate, set binding quantitative consumption reduction targets at Union level for the products listed in Part A of the Annex.

2a. The Commission and the Member States shall set up, at the latest by 31 July 2020, a Union-wide programme for cleaning up plastic waste in the oceans and shall promote this initiative at international level.

3. That report shall also indicate whether :

3. That report shall include :

(a)	the Annex listing single-use plastic products needs to be reviewed ;

(a)	an assessment of the need to review the Annex listing single-use plastic products;

(b)	it is feasible to establish binding quantitative Union targets for the consumption reduction of, in particular, single-use plastic products listed in Part A of the Annex;

(b)

a study of the feasibility of establishing binding quantitative Union targets for the consumption reduction of, in particular, single-use plastic products listed in Part A of the Annex; in this regard the report shall assess the setting of targets expressed in absolute numbers taking into account consumption levels and already achieved reductions in Member States;

(ba)	an assessment of the change in materials used in, and innovation in new delivery systems for reusable alternatives of, the products covered by this Directive; this shall include an overall environmental life-cycle analysis of these materials and the resulting alternatives;

(c)

sufficient scientific and technical progress has been made, and criteria or a standard for biodegradability in the marine environment applicable to single-use plastic products within the scope of this directive and their single-use substitutes have been developed, in order to determine which products no longer need to be subject to the restrictions on placing on the market, where appropriate.

Amendment 75

Proposal for a directive

Article 17 — paragraph 1 — subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	By way of derogation from the first subparagraph of this paragraph, Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with the reporting obligations contained in point (a) of Article 13(1) by … [12 months after the date of entry into force of this Directive].

Amendment 76

Proposal for a directive

Article 17 — paragraph 1 — subparagraph 2

Text proposed by the Commission

Amendment

However, the Member States shall apply the measures necessary to comply with Articles 5 and 7(1) from … [2 years after entry into force of this Directive] and with Article 6(1) from …[3 years after entry into force of this Directive] , with the exception of the measures necessary to comply with the requirement referred to in Article 6(1) in relation to beverage containers for carbonated drinks, which Member States shall apply from …[5 years after entry into force of this Directive].

Amendment 77

Proposal for a directive

Article 17 — paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.	2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive. The Commission shall verify that those provisions do not place any unjustified obstacles on the functioning of the single market.

Amendments 78 and 124/rev

Proposal for a directive

Annex I — part A

Text proposed by the Commission

Amendment

Single-use plastic products covered by Article 4 on consumption reduction

—	Cups for beverages, including their covers and lids

—

Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food that is intended for immediate consumption from the receptacle either on-the-spot or take-away without any further preparation, such as food containers used for fast food, except beverage containers, plates and packets and wrappers containing food

—

The sale of food in a one-person portion size container, or in a container provided with cutlery, is an indication that the food in question is intended to be consumed immediately from the food container.

The concept of further preparation includes activities such as heating, adding boiling water, washing, slicing and cutting.

Examples of single-use plastic food containers covered by parts A, E and G of this Annex:

—	Fast-food containers such as meal boxes and salad boxes with food for cold consumption

—	Fast-food containers such as meal boxes and salad boxes with food for hot consumption, except where the food needs to undergo heating by the consumer after the purchase of the product

—	Burger boxes, sandwich boxes, wrap boxes

—	One-person portion sized food containers of fresh or processed food that does not need further preparation, such as fruits, vegetables, desserts or ice-creams, sold by single unit

Examples of containers that are not single-use plastic food containers covered by parts A, E and G of this Annex:

—	Food containers with dried food or food sold cold that requires further preparation

—	Containers containing food in more than one-person portion size quantities

—	One-person portion sized food containers sold in more than one unit

—	Cups for beverages

Amendment 79

Proposal for a directive

Annex I — part B — indent 2

Text proposed by the Commission

Amendment

—	Cutlery (forks, knives, spoons, chopsticks)

—	Cutlery (forks, knives, spoons, chopsticks) except, until 2023, cutlery supplied to educational establishments or health care institutions under public supply contracts (1a) as defined in point 8 of Article 2 of Directive 2014/24/EU that were awarded before 31 December 2018.

Amendment 80

Proposal for a directive

Annex I — part B — indent 3

Text proposed by the Commission

Amendment

—

Plates

—	Plates , except, until 2023, plates supplied to educational establishments or health care institutions under public supply contracts (1a) as defined in point 8 of Article 2 of Directive 2014/24/EU that were awarded before 31 December 2018.

Amendment 81

Proposal for a directive

Annex I — part B — indent 6

Text proposed by the Commission

Amendment

—	Sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, including the mechanisms of such sticks

—	Sticks to be attached to and to support balloons, except balloons for industrial or other professional uses and applications that are not distributed to consumers, excluding the mechanisms of such sticks

Amendments 83 and 117

Proposal for a directive

Annex I — part B — indent 6 a (new)

Text proposed by the Commission

Amendment

—	Products made of oxo-degradable plastic

Amendment 84

Proposal for a directive

Annex I — part B — indent 6 b (new)

Text proposed by the Commission

Amendment

—	Food and beverage containers made of expanded polystyrene, used to contain food that is intended for immediate consumption from the receptacle either on-the-spot or take-away without further preparation.

Amendment 85

Proposal for a directive

Annex I — part C — indent 1

Text proposed by the Commission

Amendment

—	Beverage containers, i.e. receptacles used to contain liquid such as beverage bottles including their caps and lids

—	Beverage containers, i.e. receptacles used to contain liquid such as beverage bottles including their caps and lids , except containers intended and used for food for special medical purposes in liquid form as defined in point (g) of Article 2 of Regulation (EU) No 609/2013

Amendment 125

Proposal for a directive

Annex I — part D — indent 3

Text proposed by the Commission

Amendment

—	Balloons, except balloons for industrial or other professional uses and applications, that are not distributed to consumers

deleted

Amendment 86

Proposal for a directive

Annex I — part D — indent 3 a (new)

Text proposed by the Commission

Amendment

—	Tobacco products with filters and filters marketed for use in combination with tobacco products

Amendment 87

Proposal for a directive

Annex I — part D — indent 3 b (new)

Text proposed by the Commission

Amendment

—	Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation

Amendment 88

Proposal for a directive

Annex I — part D — indent 3 c (new)

Text proposed by the Commission

Amendment

—	Cups for beverages

Amendment 89

Proposal for a directive

Annex I — part E — indent 4

Text proposed by the Commission

Amendment

—	Cups for beverages

—	Cups for beverages including their covers and lids

Amendment 90

Proposal for a directive

Annex I — part F — indent 1

Text proposed by the Commission

Amendment

—	Beverage bottles

—	Beverage bottles , including their caps and lids

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0317/2018).

(32) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 'Closing the loop — An EU action plan for the Circular Economy' (COM(2015)0614).

(33) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 'A European Strategy for Plastics in a Circular Economy' (COM(2018)0028).

(34) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

(35) The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.

(34) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

(35) The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.

(36) The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.

(40) Directive 2008/98/EC, Directive 2000/59/EC, Directive 2000/60/EC, Directive 2008/56/EC and Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).

(41) Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10).

(42) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 'A European Strategy for Plastics in a Circular Economy' (COM(2018)0028).

(41) Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10).

(44) Regulation (EC) No 178/2002 laying down the general principles and requirements of food law (OJ L 31, 1.2.2002, p. 1), Regulation (EC) No 852/2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1), Regulation (EC) No 1935/2004 on materials intended to come into contact and other relevant legislation related to food safety, hygiene and labeling (OJ L 338, 13.11.2004, p. 4).

(43a) Directive (EU) 2015/720 of the European Parliament and of the Council of 29 April 2015 amending Directive 94/62/EC as regards reducing the consumption of lightweight plastic carrier bags (OJ L 115, 6.5.2015, p. 11).

(45) Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).

(46) Council Regulation (EC) No 1224/2009, Directive 2000/59/EC and Directive 2008/98/EC.

(1a) Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste (OJ L 150, 14.6.2018, p. 109).

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

(50) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

(51) Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).

(50) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC of and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64)

(1a) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification) (OJ L 241, 17.9.2015, p. 1).

(1a) Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 125, 27.4.1998, p. 1).

(1a) Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).

(52) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).

(53) Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).

(1a) 'public supply contracts' means public contracts having as their object the purchase, lease, rental or hire-purchase, with or without an option to buy, of products. A public supply contract may include, as an incidental matter, siting and installation operations.

16.10.2020

Official Journal of the European Union

C 345/284

P8_TA(2018)0412

Establishment, operation and use of the Schengen Information System in the field of border checks ***I

European Parliament legislative resolution of 24 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, amending Regulation (EU) No 515/2014 and repealing Regulation (EC) No 1987/2006 (COM(2016)0882 — C8-0533/2016 — 2016/0408(COD))

(Ordinary legislative procedure: first reading)

(2020/C 345/41)

The European Parliament,

—	having regard to the Commission proposal to Parliament and the Council (COM(2016)0882),

—	having regard to Article 294(2) and Articles 77(2)(b) and (d) and 79(2)(c) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0533/2016),

—	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 committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 June 2018 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 opinion of the Committee on Foreign Affairs (A8-0347/2017),

Adopts its position at first reading hereinafter set out;

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

P8_TC1-COD(2016)0408

Position of the European Parliament adopted at first reading on 24 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2018/1861.)

16.10.2020

Official Journal of the European Union

C 345/285

P8_TA(2018)0413

Establishment, operation and use of the Schengen Information System in the field of police cooperation and judicial cooperation in criminal matters ***I

European Parliament legislative resolution of 24 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending Regulation (EU) No 515/2014 and repealing Regulation (EC) No 1986/2006, Council Decision 2007/533/JHA and Commission Decision 2010/261/EU (COM(2016)0883 — C8-0530/2016 — 2016/0409(COD))

(Ordinary legislative procedure: first reading)

(2020/C 345/42)

The European Parliament,

—	having regard to the Commission proposal to Parliament and the Council (COM(2016)0883),

—	having regard to Article 294(2) and Articles 82(1), second subparagraph, point (d), 85(1), 87(2)(a) and 88(2)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0530/2016),

—	having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

—

—	having regard to Rule 59 of its Rules of Procedure,

—	having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0349/2017),

Adopts its position at first reading hereinafter set out;

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

P8_TC1-COD(2016)0409

Position of the European Parliament adopted at first reading on 24 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2018/1862.)

16.10.2020

Official Journal of the European Union

C 345/286

P8_TA(2018)0414

Use of the Schengen Information System for the return of illegally staying third-country nationals ***I

European Parliament legislative resolution of 24 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the use of the Schengen Information System for the return of illegally staying third-country nationals (COM(2016)0881 — C8-0532/2016 — 2016/0407(COD))

(Ordinary legislative procedure: first reading)

(2020/C 345/43)

The European Parliament,

—	having regard to the Commission proposal to Parliament and the Council (COM(2016)0881),

—	having regard to Article 294(2) and Article 79(2)(c) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0532/2016),

—	having regard to Article 294(3) 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 opinion of the Committee on Foreign Affairs (A8-0348/2017),

Adopts its position at first reading hereinafter set out;

Approves the joint statement by Parliament and the Council annexed to this resolution;

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

P8_TC1-COD(2016)0407

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2018/1860.)

ANNEX TO THE LEGISLATIVE RESOLUTION

Statement by the European Parliament and the Council (on Ireland/Return)

The European Parliament and the Council invite the Commission, without prejudice to its right of initiative, once Ireland participates in Directive 2008/115/EC to assess the legal situation in accordance with the Treaties and the relevant Protocols and, as required, to present a legislative proposal to enable that cooperation on return between Ireland and the other Member States may be carried out through the SIS.

16.10.2020

Official Journal of the European Union

C 345/288

P8_TA(2018)0415

Harmonisation of the structures of excise duties on alcohol and alcoholic beverages *

European Parliament legislative resolution of 24 October 2018 on the proposal for a Council directive amending Directive 92/83/EEC on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages (COM(2018)0334 — C8-0269/2018 — 2018/0173(CNS))

(Special legislative procedure — consultation)

(2020/C 345/44)

The European Parliament,

—	having regard to the Commission proposal to the Council (COM(2018)0334),

—	having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0269/2018),

—	having regard to Rule 78c of its Rules of Procedure,

—	having regard to the report of the Committee on Economic and Monetary Affairs (A8-0307/2018),

Approves the Commission proposal as amended;

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

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

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

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

Amendment 1

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission

Amendment

(2a)	In its judgment of 17 May 2018 in Case C-30/17 Kompania Piwowarska (1a) the Court of Justice ruled on the calculation of the degree Plato.

Amendment 2

Proposal for a directive

Article 1 — paragraph 1 — point 1

Directive 92/83/EEC

Article 3 — paragraph 1 — subparagraph 1 a

Text proposed by the Commission	Amendment
All the ingredients of the beer, including those added after fermentation, shall be taken into account for the purposes of measuring the degree Plato.;	All the ingredients of the beer, with the exception of those added after the completion of fermentation, shall be taken into account for the purposes of measuring the degree Plato.

(1a) Judgment of the Court of Justice of 17 May 2018, Kompania Piwowarska, C-30/17, ECLI:EU:C:2018:325.

Thursday 25 October 2018

16.10.2020

Official Journal of the European Union

C 345/290

P8_TA(2018)0418

Import of cultural goods ***I

Amendments adopted by the European Parliament on 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the import of cultural goods (COM(2017)0375 — C8-0227/2017 — 2017/0158(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 345/45)

Amendment 1

Proposal for a regulation

Recital 1

Text proposed by the Commission

Amendment

(1)

In the light of the Council Conclusions of 12 February 2016 on the fight against the financing of terrorism, the Communication from the Commission to the European Parliament and the Council on an Action Plan for strengthening the fight against terrorist financing (24) and the Directive on combating terrorism (25), common rules on trade with third countries should be enacted so as to ensure the effective protection against the loss of cultural goods, the preservation of humanity's cultural heritage and the prevention of terrorist financing through the selling of looted cultural heritage to buyers in the Union.

(1)

In the light of the Council Conclusions of 12 February 2016 on the fight against the financing of terrorism, the Communication from the Commission to the European Parliament and the Council on an Action Plan for strengthening the fight against terrorist financing (24) and the Directive on combating terrorism (25) , common rules on trade with third countries should be enacted so as to ensure the effective protection against trafficking, the loss or destruction of cultural goods, the preservation of humanity's cultural heritage and the prevention of terrorist financing and money laundering through the selling of looted cultural heritage to buyers in the Union.

Amendment 2

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission

Amendment

(1 a)

With regard to the Union's commitment to fair processes and victim compensation, as well as the constitution and conventions on heritage protection of the United Nations Educational, Scientific and Cultural Organization (UNESCO), the restitution of objects traded, excavated or obtained illegally must be ensured. With respect to the exploitation of peoples and territories that usually leads to the illicit trade and trafficking in cultural goods, in particular when such illicit trade and trafficking originates from a context of armed conflict, this Regulation should take into account regional and local characteristics of people and territories, rather than the market value of cultural production.

Amendment 3

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2)

Cultural heritage constitutes one of the basic elements of civilisation, it enriches the cultural life of all peoples and it should therefore be protected from unlawful appropriation and pillage. The Union should accordingly prohibit the entry in the customs territory of the Union of cultural goods unlawfully exported from third countries.

(2)

Cultural goods are often of major cultural, artistic, historical and scientific importance. Cultural heritage constitutes one of the basic elements of civilisation with, inter alia, symbolic value and cultural memory of humankind. It enriches the cultural life of all peoples and it unites people in shared memory knowledge and development of civilization. It should therefore be protected from unlawful appropriation and pillage. Looting of archaeological sites has always happened, but has now reached an industrial scale. As long as it is possible to engage in lucrative trade in illegally excavated cultural goods and to profit therefrom without any notable risks, such excavations and looting will continue into the future. The economic and artistic value of cultural heritage creates a strong demand on the international market, whereas the lack of strong international legal measures or ineffective enforcement of such measures leads to the transfer of such goods to the shadow economy. Looting of archaeological sites and trading in illegally excavated cultural heritage is a serious crime that causes significant suffering to those directly or indirectly affected. The illicit trade in cultural goods in many cases contributes to forceful cultural homogenisation or expulsion, while the looting and pillage of cultural goods leads, inter alia, to the disintegration of cultures . The Union should accordingly prohibit the import into the customs territory of the Union of cultural goods unlawfully exported from third countries , with particular emphasis on cultural goods from third countries affected by armed conflicts, in particular where such goods have been exported by terrorist or other criminal organisations .

Amendment 4

Proposal for a regulation

Recital 2 a (new)

Text proposed by the Commission

Amendment

(2 a)

The competent authorities of third countries do not always have sufficient capabilities to fight the trafficking of cultural goods and their illicit trade. Those authorities might also be subject to corruption or other forms of maladministration. When cultural goods are removed from their context, the population is deprived of its customs and objects or places of remembrance and worship. The historical context and scientific value of objects are lost if associated items are sold separately. In view of the irreplaceability of cultural goods and the public interest, it should only be possible to possess such items on a conditional basis. The import procedure must include an assurance of subsequent appropriate storage, documentation, accessibility granted to academic institutions and public museums, and cooperation in the case of justified restitution claims.

Amendment 5

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3)	In view of different rules applying in the Member States regarding the entry of cultural goods into the customs territory of the Union, measures should be taken in particular to ensure that imports of cultural goods are subject to uniform controls upon their entry.

(3)

In view of different rules applying in the Member States regarding the import of cultural goods into the customs territory of the Union, measures should be taken in particular to ensure that certain imports of cultural goods are subject to uniform controls upon their entry into the customs territory of the Union, on the basis of existing processes, procedures and administrative tools aiming to achieve a uniform implementation of Regulation (EU) No 952/2013 of the European Parliament and of the Council (1a).

Amendment 6

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)	The common rules should cover the customs treatment of non-Union cultural goods entering the customs territory of the Union , i.e . both their release for free circulation as well as their placement under a special customs procedure other than transit.

(4)	The common rules should cover the introduction and import of non-Union cultural goods into the customs territory of the Union.

Amendment 7

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)

Given the known potential of free zones (and so-called 'free ports') for the purpose of storing cultural goods, the control measures to be put in place should have as broad a scope as possible in terms of customs procedures concerned. Those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure. However, such a broad scope should not go against the principle of freedom of transit of goods nor go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the Union . Accordingly, while encompassing special customs procedures under which goods entering the customs territory of the Union may be placed, control measures should exclude transit .

(5)

Control measures to be put in place regarding free zones (and so-called 'free ports') should have as broad a scope as possible in terms of customs procedures concerned in order to prevent circumvention of this Regulation by the exploitation of free zones, which represent potential background areas for the continued proliferation of trade in illegal products in the Union . Those control measures should therefore not only concern goods released for free circulation but also goods placed under a special customs procedure. However, such a broad scope should not go beyond the objective of preventing illicitly exported cultural goods from entering the customs territory of the Union , except when competent authorities have reasonable grounds to believe that cultural goods have been exported from the source or the third country in violation of its laws and regulations .

Amendment 8

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6)

The definitions based on those used in the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property signed in Paris on 14 November 1970 and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects signed in Rome on 24 June 1995, to which a significant number of Member States are a party, should be used in the Regulation, considering the familiarity of many third countries and most Member States with their provisions.

(6)

The definitions based on those used in the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property signed in Paris on 14 November 1970 (the '1970 UNESCO Convention') and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects signed in Rome on 24 June 1995, to which a significant number of Member States are a party, should be used in the Regulation, considering the familiarity of many third countries and most Member States with their provisions.

Amendment 9

Proposal for a regulation

Recital 7

Text proposed by the Commission

Amendment

(7)

The legality of export should be examined based on the laws and regulations of the country where the cultural goods were discovered or created ('source country'). In order to avoid circumvention, when the cultural goods enter the Union from a different third country, the person who seeks to introduce them into the customs territory of the Union should demonstrate that they were exported from there legally, when the third country in question is a signatory State of the 1970 UNESCO Convention and thus a country committed to fighting against illicit trafficking of cultural property. In other cases, the person should prove lawful export from the source country.

(7)

The legality of export should be examined based on the laws and regulations of the country where the cultural goods were discovered or created or removed, excavated or stolen from land or underwater of such country, or the country which has such a close connection with the cultural goods that that country protects them as national cultural property and regulates their export from its territory upon their lawful removal from the country in which the cultural goods were created or discovered (source country). In order to avoid circumvention, when the cultural goods enter the Union from a different third country, the person who seeks to introduce them into the customs territory of the Union should demonstrate that they were legally exported from the source country. In exceptional cases where either the source country of the cultural good cannot be reliably determined and that circumstance is considered to be well documented and supported by evidence by the competent authority or the cultural goods have been exported from the source country prior to 1970 and were held in a third country for purposes other than temporary use, transit, export or dispatch before being brought into the customs territory of the Union, but the holder cannot provide the documents required since such documents were not in use at the time the cultural goods were exported from the source country, the application shall be accompanied by the appropriate supporting documents and information substantiating that the cultural goods in question have been exported from the third country in accordance with its laws and regulations or providing evidence of the absence of such laws and regulations.

Amendments 10 and 11

Proposal for a regulation

Recital 7 a (new)

Text proposed by the Commission

Amendment

(7a)

Article 5 of the 1970 UNESCO Convention calls for the establishment of one or more national services for the protection of the cultural heritage of Member States which are Parties to that Convention against illegal import, export and transfer. In accordance with that Convention, such national services should be equipped with a sufficient number of qualified personnel to ensure that protection and to allow for the necessary active collaboration between the competent authorities of Member States which are Parties to that Convention in the area of security and in the fight against the illegal import of cultural goods, especially in areas of crisis. Member States which are already Parties to that Convention should comply with the commitments provided for therein and those Member States that have not yet done so, are urgently required to ratify it.

Amendment 12

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)

In order not to impede trade with goods across the external border disproportionately, this Regulation should only apply to goods meeting a certain age limit. For that purpose, it seems appropriate to set a 250 year minimum age threshold for all categories of cultural goods . That minimum age threshold will ensure that the measures provided for in this Regulation focus on cultural goods most likely to be targeted by looters in conflict areas, without excluding other goods the control of which is necessary for ensuring protection of cultural heritage.

(8)

In order not to impede trade in goods across the Union's external borders disproportionately, this Regulation should only apply to goods meeting a certain age and value limit. For that purpose, it seems appropriate to set a minimum age threshold for most of the categories of cultural goods , in line with Regulation (EC) No 116/2009, the provisions of the 1970 UNESCO Convention and of the 1995 UNIDROIT Convention, and a financial threshold for certain categories of cultural goods as stated in Annex I. Certain categories of cultural goods should not be subject to a financial threshold since they require a reinforced protection due to their higher risk of theft, loss or destruction. The minimum age threshold will ensure that the measures provided for in this Regulation focus on cultural goods most likely to be targeted by looters in conflict areas, without excluding other goods the control of which is necessary for ensuring protection of cultural heritage.

Amendment 13

Proposal for a regulation

Recital 10

Text proposed by the Commission

Amendment

(10)

Since certain categories of cultural goods, namely archaeological objects, elements of monuments , rare manuscripts and incunabula are particularly vulnerable to pillage and destruction, it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the Union. Such a system should require the presentation of a licence issued by the competent authority of the Member State of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit . Persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence , in particular, export certificates or licences issued by the third country of export , ownership titles, invoices, sales contracts, insurance documents, transport documents and experts appraisals . Based on complete and accurate applications, the competent authorities of the Member States should decide whether to issue a licence without undue delay.

(10)

Since certain categories of cultural goods, namely archaeological objects, and elements of monuments are particularly vulnerable to pillage and destruction, it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the Union. Such a system should require the presentation of a licence issued by the competent authority of the first Member State of intended import prior to the import into the customs territory of the Union . Persons seeking to obtain such a licence should be able to prove that the cultural goods have been exported from the source country or, in exceptional cases, from the third country, in accordance with the laws and regulations of that source or third country or to prove the absence of such laws and regulations. With due account of risk and application of due diligence principles, the licit export from the source country or, in exceptional cases, from the third country should be proved with the appropriate supportive documents and evidence (export certificates or export licences issued by the source country , a standardised document following the Object ID standard, which represents the international standard for describing cultural objects , ownership titles, invoices, sales contracts, insurance documents, transport documents ), substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations. Where supporting documents are not available, the application should include an expert appraisal if deemed necessary by the competent authority . Based on complete and accurate applications, the competent authorities of the Member States should decide whether to issue a licence without undue delay , and within the timescales specified .

Amendment 14

Proposal for a regulation

Recital 10 a (new)

Text proposed by the Commission

Amendment

(10 a)

Taking into account the particular nature of the goods, the role of the cultural experts within the customs authorities is extremely relevant since they should be able, where necessary, to require additional information from the declarant and to analyse the cultural goods by means of a physical examination.

Amendment 15

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)

For other categories of cultural goods, the persons seeking to introduce them into the customs territory of the Union should, by means of a statement, certify and assume responsibility for their lawful export from the third country and should provide sufficient information for those goods to be identified by customs. In order to facilitate the procedure and for reasons of legal certainty, the information about the cultural good should be provided using a standardised document. The Object ID standard, recommended by UNESCO, should be used to describe the cultural goods. Customs should register the entry of those cultural goods , keep the originals and give a copy of the relevant documents to the declarant , in order to ensure traceability after the goods enter the internal market.

(11)

For other categories of cultural goods, the persons seeking to introduce them into the customs territory of the Union should, by means of an electronic statement, certify and assume responsibility for their lawful export from the source country or, in exceptional cases, from the third country, and should provide sufficient information for those goods to be identified by customs. In order to facilitate the procedure and for reasons of legal certainty, the information about the cultural good should be provided using an electronic standardised document. A standardised document following the Object ID standard, recommended by UNESCO, should be used to describe the cultural goods. The electronic statement should also include the export certificates or licences issued by the source country or, in exceptional cases, from the third country, providing evidence that the cultural goods in question were exported from that country in accordance with the laws and regulations of that source or third country or providing evidence of the absence of such laws and regulations. In case the source or third country's legislation does not foresee the issue of export licences or certificates, the importer statement should also include any other appropriate supportive documents and evidence, including ownership titles, invoices, sales contracts, insurance documents, and transport documents. Those cultural goods should be electronically registered and the declarant should be provided with a copy of the relevant documents, in order to ensure traceability after the goods enter the internal market. The information given to the competent authorities in the form of electronic statement should enable them to take further action where, based upon a risk analysis, they believe those goods may be the subject of illicit import.

Amendment 16

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)	Temporary admission of cultural goods for educational, scientific or academic research purposes should not be subject to the presentation of a licence or of a statement.

(12)

Temporary admission of cultural goods for educational, scientific , performing arts, conservation, restoration, digitisation, academic research purposes and for the purpose of cooperation between museums or other non-profit institutions for the organisation of cultural exhibitions should not be subject to the presentation of an import licence or of an importer statement. The cultural goods to be presented at commercial fairs and international art fairs should not be subject to the presentation of an import licence or an importer statement. However, should the cultural goods be acquired and remain within the territory of the Union, they should be subject to the presentation of an import licence or an importer statement, depending on the category of the cultural goods.

Amendment 17

Proposal for a regulation

Recital 13

Text proposed by the Commission

Amendment

(13)	Storage of cultural goods from countries affected by armed conflict or suffering a natural disaster should also be permitted without the presentation of a licence or a statement in order to ensure their safety and preservation.

(13)

Storage of cultural goods from countries affected by armed conflict or suffering a natural disaster with the intention to return those goods to their source country or the third country from which they were lawfully exported, when the situation so allows, should also be permitted without the presentation of an import licence or an importer statement in order to ensure their safety and preservation.

Amendment 18

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14)

In order to take account of experience with the implementation of this Regulation and of changing geopolitical and other circumstances which place cultural goods at risk, while not impeding trade with third countries disproportionally, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of modifications to the minimum age threshold criterion for the different categories of cultural goods. That delegation should also allow the Commission to update the Annex following amendments to the Combined Nomenclature. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 (27). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(14)

In order to take account of experience with the implementation of this Regulation and of changing geopolitical and other circumstances which place cultural goods at risk, while not impeding trade with third countries disproportionally, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in in respect of modifications to the minimum age and financial threshold criteria for the different categories of cultural goods. That delegation should also allow the Commission to update Annex I following amendments to the Combined Nomenclature , and to lay down a second Annex (Annex II) with a list of countries and Combined Nomenclature codes based on the 'Red Lists of Cultural Objects at Risk' composed and amended by the International Council of Museums (ICOM) . It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (27). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 19

Proposal for a regulation

Recital 15

Text proposed by the Commission

Amendment

(15)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt specific modalities for the temporary admission and storage of cultural goods into the customs territory of the Union, which should be done while guaranteeing adequate conservation conditions, having due regard to the particular nature of the cultural goods. Those arrangements should also apply to the electronic standardised templates for electronic import licence applications and forms and a list of the grounds on which such an application might be rejected , as well as for importer statements and their accompanying documents, as well as to further procedural rules on their electronic submission and processing. Implementing powers should also be conferred on the Commission to make arrangements for the establishment of an electronic database for the storage and exchange of information between Member States in the framework of the Regulation (EU) No 952/2013. Such establishment can form part of the work programme established under Article 280 of that Regulation . Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (28).

Amendment 20

Proposal for a regulation

Recital 15 a (new)

Text proposed by the Commission

Amendment

(15a)

For the implementation of this Regulation, the provisions applicable to customs control and verification are those contained in Regulation (EU) No 952/2013.

Amendment 21

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16)

Relevant information on trade flows of cultural goods should be collected to support the efficient implementation of the Regulation and to provide the basis for its future evaluation. Trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate. It is essential to collect information on the number of items declared. As no supplementary measurement unit is specified in the Combined Nomenclature for cultural goods, it is necessary to require that the number of items is declared.

(16)

Relevant information on trade flows of cultural goods should be electronically collected and shared by Member States and the Commission, to support the efficient implementation of the Regulation and to provide the basis for its future evaluation . In the interest of transparency and public scrutiny, as much information as possible should be made public . Trade flows of cultural goods cannot be efficiently monitored only by their value or weight since these two measurements can fluctuate. It is essential to electronically collect information on the number of items declared. As no supplementary measurement unit is specified in the Combined Nomenclature for cultural goods, it is necessary to require that the number of items is declared.

Amendment 22

Proposal for a regulation

Recital 17

Text proposed by the Commission

Amendment

(17)

The EU Strategy and Action Plan for customs Risk Management (29) aims –inter alia- to strengthen capacities of customs authorities to increase the responsiveness to risks in the area of cultural goods. The common risk management framework laid down in Regulation (EU) No 952/2013 should be used and relevant risk information be exchanged between customs authorities.

(17)

The EU Strategy and Action Plan for customs Risk Management (29) aims –inter alia- to strengthen training and capacities of customs authorities to increase the responsiveness to risks in the area of cultural goods. The common risk management framework laid down in Regulation (EU) No 952/2013 should be used and relevant risk information be exchanged between customs authorities.

Amendment 23

Proposal for a regulation

Recital 17 a (new)

Text proposed by the Commission

Amendment

(17 a)

It is necessary to establish awareness-raising campaigns targeted at purchasers of cultural goods regarding the risk of illicit goods and to assist the market actors in their understanding and application of this Regulation. Member States should involve relevant national contact points and other information provision services in the dissemination of this information.

Amendment 24

Proposal for a regulation

Recital 17 b (new)

Text proposed by the Commission

Amendment

(17 b)

The Commission should ensure that micro, small and medium-sized enterprises ('MSMEs') benefit from adequate technical assistance and should facilitate the exchange of information with them in order to efficiently implement this Regulation. MSMEs established in the Union which import cultural goods should therefore benefit from the COSME programme established by Regulation (EU) No 1287/2013 of the European Parliament and of the Council (1a) .

Amendment 25

Proposal for a regulation

Recital 18

Text proposed by the Commission

Amendment

(18)	Member States should introduce effective, proportionate and dissuasive penalties for failing to comply with the provisions of this Regulation and communicate those penalties to the Commission.

(18)

Member States should introduce effective, proportionate and dissuasive penalties for failing to comply with the provisions of this Regulation and communicate those penalties to the Commission. Member States should also notify the Commission where penalties are applied. It is desirable to achieve a level-playing field and a coherent approach and therefore it is appropriate that penalties in each Member State are similar in nature and effect.

Amendment 26

Proposal for a regulation

Recital 19

Text proposed by the Commission

Amendment

(19)	Sufficient time should be provided for the Commission to adopt rules implementing this Regulation, in particular those regarding the appropriate forms to use to apply for an import licence or to prepare an importer statement. Consequently, the application of this Regulation should be deferred.

(19)	The Commission should adopt without delay rules implementing this Regulation, in particular those regarding the appropriate electronic standardised forms to use to apply for an import licence or to prepare an importer statement.

Amendment 27

Proposal for a regulation

Article 1 — paragraph 1

Text proposed by the Commission	Amendment
This Regulation sets out the conditions and procedure for the entry of cultural goods into the customs territory of the Union.	This Regulation sets out the conditions and procedure for the introduction and the import of cultural goods into the customs territory of the Union.

Amendment 28

Proposal for a regulation

Article 1 — paragraph 2

Text proposed by the Commission	Amendment
This Regulation does not apply to cultural goods which are in transit through the customs territory of the Union.	This Regulation applies to cultural goods which are in transit through the customs territory of the Union when competent authorities have reasonable grounds to believe that cultural goods have been exported from the source or the third country in violation of the laws and regulations of that source or third country .

Amendment 29

Proposal for a regulation

Article 2 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)	'cultural goods' means any object which is of importance for archaeology, prehistory, history, literature, art or science and which belongs to the categories listed in the table in Annex and meets the minimum age threshold specified therein;

(a)	'cultural goods' means any item which is of importance for archaeology, prehistory, history, literature, art or science which belongs to the categories listed in the Annexes and meets the minimum age and financial thresholds specified therein;

Amendment 30

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(a a)

'import of cultural goods' means:

(i)	release for free circulation as referred to in Article 201 of Regulation (EU) No 952/2013; or

(ii)

the placing of goods under one of the following categories of special procedures referred to in Article 210 of Regulation (EU) No 952/2013:

a.	storage, comprising customs warehousing and free zones,

b.	specific use, comprising temporary admission and end-use,

c.	inward processing;

Amendment 31

Proposal for a regulation

Article 2 — paragraph 1 — point b

Text proposed by the Commission

Amendment

(b)	'source country' means the country in the current territory of which the cultural goods were created or discovered;

(b)

'source country' means the country in the current territory of which the cultural goods were created or discovered or removed, excavated or stolen from land or underwater, or a country which has such a close connection with the cultural goods that this country protects them as national cultural property and regulates their export from its territory upon their lawful removal from the country in which the cultural goods were created or discovered ;

Amendment 32

Proposal for a regulation

Article 2 — paragraph 1 — point c

Text proposed by the Commission

Amendment

(c)	' export country' means the last country in which the cultural goods were permanently held in accordance with that country's laws and regulations before their dispatch to the Union;

(c)	' third country' means the last country other than the source country in which the cultural goods were held before being brought into the customs territory of the Union;

Amendment 33

Proposal for a regulation

Article 2 — paragraph 1 — point d

Text proposed by the Commission

Amendment

(d)	'permanently' means for a period of time of at least one month and for purposes other than temporary use, transit, export or dispatch;

deleted

Amendment 34

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(ha)	'Object ID' means the international standard adopted by UNESCO for describing cultural goods and compiling a single set of data on cultural goods;

Amendment 35

Proposal for a regulation

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

Text proposed by the Commission

Amendment

(hb)	'competent authorities' means the authorities designated by the Member States to issue importer licences and register importer statements.

Amendment 36

Proposal for a regulation

Article 2 — paragraph 2

Text proposed by the Commission	Amendment
2. The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to amend the second column of the table in the Annex following amendments in the Combined Nomenclature and to amend the minimum age threshold in the third column of the table in the Annex in the light of experience gathered during the implementation of this Regulation.	2. The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to amend the second column of the table in Annex I following amendments in the Combined Nomenclature and to amend the minimum age and value thresholds in the Annex in the light of experience gathered during the implementation of this Regulation and of Regulation (EC) No 116/2009 .

Amendment 37

Proposal for a regulation

Article 2 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to amend Annex II listing countries and object categories in relation to which there exists a particular risk of illicit traffic, based upon the Database of Red Lists of cultural objects at risk published by the International Council of Museums (ICOM). The Commission shall ensure that Annex II is regularly updated.

Amendment 38

Proposal for a regulation

Article 3 — title

Text proposed by the Commission	Amendment
Cultural goods entering the customs territory of the Union	Introduction and import of cultural goods into the customs territory of the Union

Amendment 39

Proposal for a regulation

Article 3 — paragraph 1

Text proposed by the Commission	Amendment
1. The release of cultural goods for free circulation and the placing of cultural goods under a special procedure other than transit shall only be permitted upon the presentation of an import licence issued in accordance with Article 4 or of an importer statement made out in accordance with Article 5.	1. The introduction of cultural goods removed from the territory of a source country in breach of international law and the source or the third country's laws and regulations is prohibited.
	The import of cultural goods into the customs territory of the Union shall only be permitted upon the presentation of an import licence issued in accordance with Article 4 or of an importer statement made out in accordance with Article 5.

Amendment 40

Proposal for a regulation

Article 3 — paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1 a. The successful import of cultural goods shall not be construed to be evidence of lawful provenance or ownership.

Amendment 41

Proposal for a regulation

Article 3 — paragraph 2 — point a

Text proposed by the Commission

Amendment

(a)	the temporary admission, within the meaning of Article 250 of Regulation (EU) No 952/2013, in the customs territory of the Union of cultural goods for educational, scientific and academic research purposes;

(a)

the temporary admission, within the meaning of Article 250 of Regulation (EU) No 952/2013, in the customs territory of the Union of cultural goods for educational, scientific , performing arts, conservation, restoration, digitisation and academic research purposes and for the purpose of cooperation between museums or other non-profit institutions for the organisation of cultural exhibitions ;

Amendment 42

Proposal for a regulation

Article 3 — paragraph 2 — point a a (new)

Text proposed by the Commission

Amendment

(aa)	the cultural goods to be presented at commercial fairs and international art fairs, unless they are acquired and remain within the territory of the Union;

Amendment 43

Proposal for a regulation

Article 3 — paragraph 2 — point b

Text proposed by the Commission

Amendment

(b)	the storage, within the meaning of Article 237 of Regulation (EU) No 952/2013, of cultural goods for the express purpose of ensuring their preservation by, or under the supervision of, a public authority.

(b)

the storage, within the meaning of Article 237 of Regulation (EU) No 952/2013, of cultural goods for the purpose of ensuring their safety or preservation by, or under the supervision of, a public authority , with the intention of returning such goods to their country of origin or the third country to which they were lawfully exported, when the situation so allows;

Amendment 44

Proposal for a regulation

Article 3 — paragraph 2 — point b a (new)

Text proposed by the Commission

Amendment

(b a)

returned cultural goods, within the meaning of Article 2 of Directive 2014/60/EU.

Amendment 45

Proposal for a regulation

Article 3 — paragraph 3

Text proposed by the Commission	Amendment
3. The Commission may adopt, by means of implementing acts, the specific modalities for the temporary admission or storage of cultural goods referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.	3. The Commission may adopt, by means of implementing acts, the specific modalities for the temporary admission or storage of cultural goods and of returned cultural goods for their protection referred to in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.

Amendment 46

Proposal for a regulation

Article 4 — paragraph 1

Text proposed by the Commission	Amendment
1. The release for free circulation and the placing under a special procedure other than transit in the Union of the cultural goods referred to in points (c), (d) and (h) of the Annex shall be subject to the presentation of an import licence to the customs authorities.	1. The import in to the Union of the cultural goods referred to in points A1 and A2 of the Annex I shall be subject to the presentation of an import licence to the customs authorities.
	This Article shall only apply to the goods referred to in the first subparagraph if they feature on the list of countries and Combined Nomenclature codes as laid down in Annex II, if such a list is in use for the source country from which the cultural goods are exported and the source country of the cultural goods is known.
	This Article shall also apply to cultural goods which are only listed in Annex II imported into the customs territory of the Union from a source or third country.

Amendment 47

Proposal for a regulation

Article 4 — paragraph 2

Text proposed by the Commission

Amendment

2. The holder of the goods shall apply for an import licence to the competent authority of the Member State of entry . The application shall be accompanied by any supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations . However, where the export country is a Contracting Party to the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property signed in Paris on 14 November 1970 ('the 1970 UNESCO Convention') , the application shall be accompanied by any supporting documents and information substantiating that the cultural goods have been exported from that country in accordance with its laws and regulations .

2. The holder of the goods shall apply for an import licence to the competent authority of the first Member State of intended import . The application shall be accompanied by the appropriate supporting documents and information substantiating that the cultural goods in question have been exported from the source country in accordance with its laws and regulations or providing evidence of the absence of such laws and regulations. It shall include:

—	export certificates or export licences;

—	a standardised document, following the Object ID standard, describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities;

—	ownership titles;

—

invoices;

—	sales contracts;

—	insurance documents or transport documents.

Where supporting documents are not available , the application shall also include an expert appraisal if deemed necessary by the competent authority .

Amendment 48

Proposal for a regulation

Article 4 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. Notwithstanding paragraph 2, in exceptional cases where either:

(a)	the source country of the cultural good cannot be reliably determined and that circumstance is considered to be well documented and supported by evidence by the competent authority; or

(b)

the cultural goods have been exported from the source country prior to 1970 and were held in a third country for purposes other than temporary use, transit, export or dispatch before being brought into the customs territory of the Union, but the holder cannot provide the documents required under paragraph 2 since such documents were not in use at the time the cultural goods were exported from the source country,

the application shall be accompanied by the appropriate supporting documents and information substantiating that the cultural goods in question have been exported from the third country in accordance with its laws and regulations or providing evidence of the absence of such laws and regulations.

The supporting documents shall include:

—	export certificates or export licences;

—	a standardised document, following the Object ID standard, describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities;

—	ownership titles;

—

invoices;

—	sales contracts; and

—	insurance documents or transport documents.

Where supporting documents are not available, the application shall also include an expert appraisal if deemed necessary by the competent authority.

Amendment 49

Proposal for a regulation

Article 4 — paragraph 3

Text proposed by the Commission	Amendment
3. The competent authority of the Member State of entry shall verify whether the application is complete. It shall request any missing information or document from the applicant within 30 days of receipt of the application.	3. The competent authority of the first Member State of intended import shall verify whether the application is complete. It shall request any missing or additional information or document from the applicant within 21 days of receipt of the application.

Amendment 50

Proposal for a regulation

Article 4 — paragraph 4 — introductory part

Text proposed by the Commission	Amendment
4. The competent authority shall, within 90 days of the submission of the complete application, examine the application and decide to issue the import licence or reject the application. It may reject the application on the following grounds:	4. The competent authority shall, within 90 days of the submission of the complete application, examine the application and decide to issue the import licence or reject the application. In case the import licence is issued, the competent authority shall register that licence electronically. The competent authority shall reject the application on the following grounds:

Amendment 51

Proposal for a regulation

Article 4 — paragraph 4 — point a

Text proposed by the Commission

Amendment

(a)	where the export country is not a Contracting Party to the 1970 UNESCO Convention, it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations;

(a)

when it is not demonstrated that the cultural goods were exported from the source country in accordance with its laws and regulations as in force at the time of the export, or in the absence of such laws and regulations ; or, in the exceptional cases enlisted in Article 4(2a), from the third country in accordance with the laws and regulations of that third country in force at the time of the export, or in the absence of such laws and regulations;

Amendment 52

Proposal for a regulation

Article 4 — paragraph 4 — point b

Text proposed by the Commission

Amendment

(b)	where the export country is a Contracting Party to the 1970 UNESCO Convention, it is not demonstrated that the cultural goods were exported from the export country in accordance with its laws and regulations;

deleted

Amendment 53

Proposal for a regulation

Article 4 — paragraph 4 — point c

Text proposed by the Commission

Amendment

(c)	the competent authority has reasonable grounds to believe that the holder of the goods did not acquire them lawfully.

(c)	the competent authority has reasonable and verifiable grounds to believe that the holder of the goods did not acquire them lawfully.

Amendment 54

Proposal for a regulation

Article 4 — paragraph 4 — point c a (new)

Text proposed by the Commission

Amendment

(c a)

if the application for an import licence for a cultural good has been previously rejected by the competent authorities of another Member State of the Union for that same cultural good and no further evidence has been provided which was not already submitted in connection with the rejected application;

Amendment 55

Proposal for a regulation

Article 4 — paragraph 4 — point c b (new)

Text proposed by the Commission

Amendment

(c b)

where the licit export directly from the source country cannot be proven by appropriate supportive documents and evidence, in particular, export certificates or licences issued by the country of export, ownership titles, invoices, sales contracts, the object ID where available, insurance documents, transport documents and experts appraisals.

Amendment 56

Proposal for a regulation

Article 4 — paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4 a. The competent authority may reject the application where there are claims for return or payment of damages, submitted by the authorities of the source country, pending before courts.

Amendment 57

Proposal for a regulation

Article 4 — paragraph 4 b (new)

Text proposed by the Commission	Amendment
	4 b. When the application is rejected, the administrative decision referred to in paragraph 4 shall be accompanied by a statement of reasons including information on the appeal procedure which is communicated to the applicant affected at the time it is issued.

Amendment 58

Proposal for a regulation

Article 4 — paragraph 4 c (new)

Text proposed by the Commission	Amendment
	4 c. The application shall include a declaration that the items have not previously been the subject of an application or, in the case of prior refusal, it shall state the reasons of that refusal and shall include additional evidence which was unavailable when the application was previously considered.

Amendment 59

Proposal for a regulation

Article 4 — paragraph 4 d (new)

Text proposed by the Commission	Amendment
	4 d. Where a Member State rejects an electronic application, that rejection as well as the grounds on which it was based shall be communicated to the other Member States and to the Commission. In cases of suspect of illicit trafficking, Member States shall also inform other relevant authorities such as INTERPOL and EUROPOL.

Amendment 60

Proposal for a regulation

Article 4 — paragraph 5 — subparagraph 1

Text proposed by the Commission	Amendment
Member States shall designate the public authorities competent to issue import licenses in accordance with this Article. They shall communicate the details of those authorities as well as any changes in that respect to the Commission.	Member States shall designate without delay the public authorities competent to issue import licenses in accordance with this Article. They shall communicate the details of those authorities as well as any changes in that respect to the Commission.

Amendment 61

Proposal for a regulation

Article 4 — paragraph 6

Text proposed by the Commission

Amendment

6. The Commission may establish, by means of implementing acts, the template for the application for the import licence as well as the procedural rules on the submission and processing of such an application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.

6. The Commission shall establish, by means of implementing acts, the electronic standardised template for the application for the import licence as well as the procedural rules on the electronic submission and processing of such an application together with the relevant supporting documents, which shall be done by electronic means . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.

Amendment 62

Proposal for a regulation

Article 5 — paragraph 1

Text proposed by the Commission	Amendment
1. The release for free circulation and the placing under a special procedure other than transit in the Union of the cultural goods referred to in points (a), (b), (e), (f), (g), (i), (j), (k) and (l) of the Annex shall be subject to the submission of an importer statement to the customs authorities of the Member State of entry .	1. The import into the customs territory of the Union of cultural goods which are referred to in points 3 to 14 of Part A of the Annex I shall be subject to the submission by the holder of the goods of an electronic importer statement to the customs authorities of the first Member State of intended import .
	This Article is also applicable to those cultural goods referred to in points A1 and A2 whose Combined Nomenclature codes do not figure into Annex II.

Amendment 63

Proposal for a regulation

Article 5 — paragraph 2

Text proposed by the Commission

Amendment

2. The importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations. However, where the export country is a Contracting Party to the UNESCO Convention on Cultural Property, the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations.

2. The importer statement shall be registered electronically. It shall consist of:

a)	a declaration signed by the holder of the goods stating that the goods have been exported from the source country in accordance with its laws and regulations or providing evidence of the absence of such laws and regulations;

b)	a standardised document, following the Object ID standard, describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities;

c)	the export certificates or licences issued by the source country, providing evidence that the cultural goods in question were exported from the source country in accordance with its laws and regulations.

Amendment 64

Proposal for a regulation

Article 5 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. Notwithstanding paragraph 2, in exceptional cases where either:

(a)	the source country of the cultural good cannot be reliably determined and that circumstance is considered to be well documented and supported by evidence by the competent authority; or

(b)

the importer statement shall consist of:

(a)	a declaration signed by the holder of the goods stating that the goods have been exported from the third country in accordance with its laws and regulations or providing evidence of the absence of such laws and regulations;

(b)	a standardised document, following the Object ID standard, describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities; and

(c)	the export certificates or licences issued by the third country, providing evidence that the cultural goods in question were exported from the third country in accordance with its laws and regulations.

Where the laws and regulations of the source or third country do not foresee the issuance of export licences or certificates, the importer statement shall also include any other appropriate supporting documents and evidence, including ownership titles, invoices, sales contracts, insurance documents, transport documents.

Amendment 65

Proposal for a regulation

Article 5 — paragraph 3

Text proposed by the Commission	Amendment
3. The Commission may adopt, by means of implementing acts, the template for the importer statement as well as the procedural rules on the submission and processing of the importer statement. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.	3. The Commission shall adopt, by means of implementing acts, the electronic standardised template for the importer statement as well as the procedural rules on the electronic submission and processing of the importer statement. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.

Amendment 66

Proposal for a regulation

Article 5 a (new)

Text proposed by the Commission

Amendment

Article 5 a

Micro, small and medium-sized enterprises

The Commission shall ensure that micro, small and medium-sized enterprises (MSMEs) benefit from adequate technical and financial assistance, including the promotion of national contact points in cooperation with Member States and the establishment a dedicated website containing all the relevant information, and shall facilitate the exchange of information between MSMEs and the relevant national contact points when in receipt of enquiries in order to efficiently implement this Regulation.

Amendment 67

Proposal for a regulation

Article 5 b (new)

Text proposed by the Commission

Amendment

Article 5 b

Use of electronic system

1. All exchanges of information between competent authorities and declarants under Articles 4 and 5, such as exchange of declarations, applications or decisions, shall be made by electronic means.

2. The Commission shall establish the electronic system referred to in paragraph 1. It shall adopt implementing acts to lay down:

—	the arrangements for the deployment, operation and maintenance of the electronic system referred to in paragraph 1;

—	the detailed rules regarding the submission, processing, storage and exchange of information between the competent authorities of the Member States by means of the electronic system.

Member States shall cooperate with the Commission in developing, maintaining and employing electronic system referred to in paragraph 1 and in storing information, in accordance with this Regulation.

3. With regards to the processing of personal data within the framework of this Regulation, declarants and competent authorities should carry out their tasks in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (1a) , and Regulation (EU) …/… (*1)

Amendment 68

Proposal for a regulation

Article 6

Text proposed by the Commission	Amendment
Article 6	deleted
Customs control and verification
1. The import licence referred to in Article 4 or the importer statement referred to in Article 5, as the case may be, shall be submitted to the customs office competent to release the cultural goods for free circulation or for placing them under a special procedure other than transit.
2. With regard to cultural goods requiring the issue of an import licence to enter the customs territory of the Union, the customs authorities shall check whether the import licence corresponds to the goods presented. For that purpose, they may physically examine the cultural goods, including by conducting an expertise.
3. With regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the Union, the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of Article 5 and corresponds to the goods presented. For that purpose, they may require additional information from the declarant and physically examine the cultural goods, including by conducting an expertise. They shall register the importer statement by attributing to it a serial number and a registration date and, upon release of the goods, provide the declarant with a copy of the registered importer statement.
4. When submitting a declaration for the release of cultural goods for free circulation or for placing them under a special procedure other than transit, the quantity of the products shall be indicated using the supplementary unit set out in the Annex.

Amendment 69

Proposal for a regulation

Article 7 — paragraph 1

Text proposed by the Commission	Amendment
Where Member States restrict the number of customs offices competent to release cultural goods for free circulation or to place them under a special procedure other than transit , they shall communicate the details of those customs offices as well as any changes in that respect to the Commission.	Member States may restrict the number of customs offices competent to allow the import of cultural goods . Where Member States apply that restriction , they shall communicate the details of those customs offices as well as any changes in that respect to the Commission.

Amendment 70

Proposal for a regulation

Article 8 — paragraph 1

Text proposed by the Commission

Amendment

1. Customs authorities shall seize and temporarily retain cultural goods brought into the customs territory of the Union where the cultural goods in question entered the customs territory of the Union without the conditions laid down in paragraphs 1 and 2 of Article 3 being fulfilled.

1. Competent authorities shall seize and temporarily retain cultural goods brought into the customs territory of the Union without the conditions laid down in paragraphs 1 and 2 of Article 3 being fulfilled. In the case of retention of the cultural goods, adequate conservation conditions shall be guaranteed in accordance with the conditions and responsibilities for the temporary storage of goods as stated in Article 147 of Regulation (EU) No 952/2013, having due regard to the particular nature of the goods.

Amendment 71

Proposal for a regulation

Article 8 — paragraph 2

Text proposed by the Commission	Amendment
2. The administrative decision referred to in paragraph 1 shall be accompanied by a statement of reasons, be communicated to the declarant and shall be subject to an effective remedy in accordance with procedures provided for in national law .	2. The administrative decision referred to in paragraph 1 shall be subject to the provisions of Article 22(7) of Regulation (EU) No 952/2013.

Amendment 72

Proposal for a regulation

Article 8 — paragraph 3

Text proposed by the Commission

Amendment

3. The period of temporary retention shall be strictly limited to the time required for the customs authorities or other law enforcement authorities to determine whether the circumstances of the case warrant retention under other provisions of Union or national law. The maximum period of temporary retention under this Article shall be 6 months , with the possibility to extend that period for a further three months at the reasoned decision of the customs authorities . If no determination is made regarding further retention of the cultural goods within that period or if a determination is made that the circumstances of the case do not warrant further retention, the cultural goods shall be made available to the declarant. Authorities of the Member States shall ensure that, at the moment of restitution of the cultural goods to the country of origin, the country of origin is not affected by an armed crisis where the safety of the cultural goods cannot be guaranteed. In such a case, the cultural good shall remain in the Union until the situation in the country of origin is stabilised.

Amendment 73

Proposal for a regulation

Article 8 — paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3 a. Customs authorities shall immediately notify the source or, in cases where the source country of the cultural goods cannot be reliably determined, the third country as well as EUROPOL and INTERPOL, as the case may be, after having taken the decision referred to in paragraph 1.

Amendment 74

Proposal for a regulation

Article 8 — paragraph 3 b (new)

Text proposed by the Commission	Amendment
	3b. When competent authorities have reasonable grounds to believe that cultural goods in transit through the customs territory of the Union may have been exported in violation of rules and regulation of a source country, they shall instruct customs authorities to temporarily seize those goods.

Amendment 75

Proposal for a regulation

Article 9 — title

Text proposed by the Commission	Amendment
Administrative co-operation	Administrative co-operation and use of electronic system

Amendment 76

Proposal for a regulation

Article 9 — paragraph 1

Text proposed by the Commission	Amendment
1. For the purposes of implementing this Regulation, Member States shall ensure co-operation between their competent authorities referred to in Article 3(4) .	1. For the purposes of implementing this Regulation, Member States shall ensure co-operation and information sharing between their competent authorities referred to in Article 4(5) .

Amendment 77

Proposal for a regulation

Article 9 — paragraph 2

Text proposed by the Commission	Amendment
2. An electronic system may be developed for the storage and the exchange of information between the authorities of the Member States, in particular regarding importer statements and import licences.	2. An electronic system shall be developed for the storage and the exchange of information between the authorities of the Member States within the framework of Regulation (EU) No 952/2013. Any such system shall address the receipt, processing, storage and exchange of information , in particular regarding importer statements and import licences.

Amendment 78

Proposal for a regulation

Article 9 — paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. The electronic system referred to in paragraph 2 shall be capable of being consulted by Member States when processing requests submitted in connection with export licenses required under Regulation (EC) No 116/2009. Such requests may refer directly to information held on the electronic system.

Amendment 79

Proposal for a regulation

Article 9 — paragraph 3 — subparagraph 1 — introductory part

Text proposed by the Commission	Amendment
The Commission may lay down, by means of implementing acts,	The Commission shall lay down, by means of implementing acts:

Amendment 80

Proposal for a regulation

Article 9 — paragraph 3 — subparagraph 2

Text proposed by the Commission	Amendment
Those implementing acts shall be adopted in accordance with the procedure referred to in Article 13.	Those implementing acts shall be adopted by … [six months from the date of entry into force of this Regulation] in accordance with the procedure referred to in Article 13.

Amendment 81

Proposal for a regulation

Article 9 — paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. The processing of personal data on the basis of this Regulation shall take place only for the purposes of the effective protection against the loss of cultural goods, the preservation of humanity's cultural heritage and the prevention of terrorist financing through the selling of looted cultural heritage to buyers in the Union.

Amendment 82

Proposal for a regulation

Article 9 — paragraph 3 b (new)

Text proposed by the Commission	Amendment
	3b. All personal data obtained in accordance with Articles 4, 5 and 9 shall be accessed and processed only by duly authorised staff of the authorities, and shall be adequately protected against unauthorised access or communication.

Amendment 83

Proposal for a regulation

Article 10 — paragraph 1

Text proposed by the Commission

Amendment

The Member States shall lay down the rules on penalties applicable to infringements of Articles 3, 4 and 5 and in particular, to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the Union, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and of those measures within 18 months of the entry into force of the Regulation and shall notify it, without delay, of any subsequent amendment affecting them.

Member States shall lay down the rules on penalties applicable to infringements of Articles 3, 4 and 5 and in particular, to the submission of false information to obtain import of cultural goods into the customs territory of the Union, Member States shall take all measures necessary to ensure that that those rules are implemented. The penalties provided for shall be effective, proportionate and dissuasive. In order to achieve a level playing field and a coherent approach Member States shall apply penalties that are similar in nature and effect. Member States shall notify the Commission of those rules and of those measures within 12 months of the entry into force of the Regulation and shall notify it, without delay, of any subsequent amendment affecting them.

Amendment 84

Proposal for a regulation

Article 11 — paragraph - 1 (new)

Text proposed by the Commission

Amendment

In their preparatory works for the implementation of this Regulation, the Commission and the Member States shall cooperate with international organisations, such as the UNESCO, the Interpol, EUROPOL, World Customs Organization (WCO), International Centre of the Preservation and Restoration of Cultural Property (ICCROM) and the International Council of Museums, to ensure effective training, capacity building activities and awareness rising campaigns, as well as to commission relevant research and standard development where appropriate.

Amendment 85

Proposal for a regulation

Article 11 — paragraph 1

Text proposed by the Commission

Amendment

Member States shall organise training and capacity building activities to ensure the effective implementation of this Regulation by the authorities concerned. They may also use awareness-raising campaigns to sensitise in particular buyers of cultural goods.

The Commission, with the cooperation of the Member States shall organise:

i.	training and capacity-building activities and awareness-raising campaigns for authorities, national contact points and professionals concerned to ensure the effective implementation of this Regulation;

ii.	actions to foster the effective cooperation of source countries; and

iii.	an exchange of best practices aimed at promoting uniform implementation of this Regulation, especially the appropriate practices from Member States that have national legislation in force on the import of cultural goods before the entry into force of this Regulation .

Amendment 86

Proposal for a regulation

Article 11 — paragraph 1 — subparagraph 1 a (new)

Text proposed by the Commission	Amendment
	Those activities, campaigns and actions shall build on the experience of currently existing programmes, including the ones promoted by the WCO and the Commission.

Amendment 87

Proposal for a regulation

Article 11 a (new)

Text proposed by the Commission

Amendment

Article 11 a

Cooperation with third countries

In matters covered by its activities and to the extent required for the fulfilment of its tasks under this Regulation, the Commission shall facilitate and encourage technical and operational cooperation between Member States and third countries.

The Commission may organise training activities in cooperation with Member States and third countries on their territories.

Amendment 88

Proposal for a regulation

Article 12 — paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Article 2(2) shall be conferred on the Commission for an indeterminate period of time from … [Publications Office is to fill in the date of entry into force of this Act ].

2. The power to adopt delegated acts referred to in Article 2 shall be conferred on the Commission for a period of five years from … [ date of entry into force of this Regulation ]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the …-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Amendment 89

Proposal for a regulation

Article 14 — paragraph 1 — subparagraph 1 — point b

Text proposed by the Commission

Amendment

(b)	information on infringements of this Regulation;

(b)	information on infringements of this Regulation and penalties applied ;

Amendment 90

Proposal for a regulation

Article 14 — paragraph 1 — subparagraph 2

Text proposed by the Commission	Amendment
For this purpose, the Commission shall address relevant questionnaires to the Member States. Member States shall have 6 months to communicate the requested information to the Commission.	For this purpose, the Commission shall address relevant questionnaires to the Member States. Member States shall have 6 months , from the receipt of the questionnaire to communicate the requested information to the Commission.

Amendment 91

Proposal for a regulation

Article 14 — paragraph 1 — subparagraph 2 a (new)

Text proposed by the Commission	Amendment
	On the basis of the Member States' replies to the questionnaires referred to in paragraph 1, the Commission may ask Member States to provide additional information on the processing of import license applications. The Member States shall provide the information requested as quickly as possible.

Amendment 92

Proposal for a regulation

Article 14 — paragraph 2

Text proposed by the Commission

Amendment

2. The Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation three years after the date of application of this Regulation and, after that, every five years.

2. The Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation two years after the date of application of this Regulation and, after that, every four years. That report shall be publicly available. It shall include consideration of practical implementation, including the impact on Union economic operators, particularly MSMEs. The report shall compare Member State implementation, including an assessment of the degree of uniform application of the Regulation since the date of the previous report. That assessment shall also consider the provisions establishing and application of penalties, and the degree to which they provide for a level playing field amongst Member States. Where necessary, the report may make recommendations to address inadequate implementation of this Regulation by Member States.

Amendment 93

Proposal for a regulation

Article 14 — paragraph 2 a (new)

Text proposed by the Commission

Amendment

2a. The report referred to in paragraph 2 shall take into account the impact of this Regulation on the ground, including its impact on Union economic operators, including MSMEs. The report shall provide evidences on the different national performances, include an assessment on how uniformly this Regulation has been implemented and applied in the concerned period, and provide for recommendations to address deficient implementation by Member States.

Amendment 94

Proposal for a regulation

Annex I — subheading 3

Text proposed by the Commission	Amendment
Cultural goods covered by Article 2(1)	Cultural goods covered by Article 2 — paragraph 1 — point a

Amendment 95

Proposal for a regulation

Annex I a (new)

Text proposed by the Commission

Amendment

Archaeological objects more than 100 years old which are the products of:

—	excavations and finds on land or under water

9705 00 00

—	archaeological sites

9706 00 00

—	archaeological collections

Elements forming an integral part of artistic, historical or religious monuments which have been dismembered, of an age exceeding 100 years

9705 00 00

9706 00 00

Pictures and paintings, other than those included in categories 4 or 5, executed entirely by hand in any medium and on any material (1a)

9701

Watercolours, gouaches and pastels executed entirely by hand on any material (1a)

9701

Mosaics in any material executed entirely by hand, other than those falling in categories 1 or 2, and drawings in any medium executed entirely by hand on any material (1a)

6914

9701

Original engravings, prints, serigraphs and lithographs with their respective plates and original posters (1a)

Chapter 49

9702 00 00

8442 50 99

Original sculptures or statuary and copies produced by the same process as the original (1a) , other than those in category 1

9703 00 00

Photographs, films and negatives thereof (1a)

3704

3705

3706

4911 91 80

Incunabula and manuscripts, including maps and musical scores, singly or in collections (1a)

9702 00 00

9706 00 00

4901 10 00

4901 99 00

4904 00 00

4905 91 00

4905 99 00

4906 00 00

10.

Books more than 100 years old, singly or in collections

9705 00 00

9706 00 00

11.

Printed maps more than 200 years old

9706 00 00

12.

Archives, and any elements thereof, of any kind or any medium which are more than 50 years old

3704

3705

3706

4901

4906

9705 00 00

9706 00 00

13.

(a)	Collections (1b) and specimens from zoological, botanical, mineralogical or anatomical collections;

9705 00 00

(b)	Collections (1b) of historical, palaeontological, ethnographic or numismatic interest

9705 00 00

14.

Means of transport more than 75 years old

9705 00 00

Chapters 86-89

15.

Any other antique items not included in categories A.1 to A.14

(a)	between 50 and 100 years old

toys, games

Chapter 95

glassware

7013

articles of goldsmiths' or silversmiths' wares

7114

furniture

Chapter 94

optical, photographic or cinematographic apparatus

Chapter 90

musical instruments

Chapter 92

clocks and watches and parts thereof

Chapter 91

articles of wood

Chapter 44

pottery

Chapter 69

tapestries

5805 00 00

carpets

Chapter 57

wallpaper

4814

arms

Chapter 93

(b)	more than 100 years old

9706 00 00

The cultural objects in categories A.1 to A.15 are covered by this Regulation only if their value corresponds to, or exceeds, the financial thresholds under B.

B.	Financial thresholds applicable to certain categories under A (in euro)

Value:

Whatever the value:

—

1 (Archaeological objects)

—

2 (Dismembered monuments)

—

9 (Incunabula and manuscripts)

—

12 (Archives)

15 000

—

5 (Mosaics and drawings)

—

6 (Engravings)

—

8 (Photographs)

—

11 (Printed maps)

30 000

—

4 (Watercolours, gouaches and pastels)

50 000

—

7 (Statuary)

—

10 (Books)

—

13 (Collections)

—

14 (Means of transport)

—

15 (Any other object)

150 000

—

3 (Pictures)

The assessment of whether or not the conditions relating to financial value are fulfilled must be made when an application for an export license is submitted. The financial value is that of the cultural object in the international market.

The values expressed in Euro in Annex I shall be converted and expressed in national currencies at the rate of exchange on 31 December 2001 published in the Official Journal of the European Communities. This counter value in national currencies shall be reviewed every two years with effect from 31 December 2001. Calculation of this counter value shall be based on the average daily value of those currencies, expressed in euro, during the 24 months ending on the last day of August preceding the revision which takes effect on 31 December. This method of calculation shall be reviewed, on a proposal from the Commission, by the Advisory Committee on Cultural Goods, in principle two years after the first application. For each revision, the values expressed in euro and their counter values in national currency shall be published periodically in the Official Journal of the European Union in the first days of the month of November preceding the date on which the revision takes effect.

Amendment 96

Proposal for a regulation

Annex I b (new)

Text proposed by the Commission	Amendment

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0308/2018).

(24) COM(2016)0050.

(25) Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA; OJ L 88, 31.3.2017, p. 6

(24) COM(2016)0050.

(1a) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

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

(28) 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 (OJ L 55, 28.2.2011, p. 13).

(29) COM(2014)0527: Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the EU Strategy and Action Plan for customs risk management.

(1a) Regulation (EU) No 1287/2013 of the European Parliament and of the Council of 11 December 2013 establishing a Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (COSME) (2014 — 2020) and repealing Decision No 1639/2006/EC (OJ L 347, 20.12.2013, p. 33).

(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)

(*1) OJ: Please insert in the text the number of the Regulation contained in document 2017/0003(COD)

(1a) Which are more than 50 years old and do not belong to their originators.

(1b) As defined by the Court of Justice in its judgment in Case 252/84, as follows: 'Collectors' pieces within the meaning of heading No 97.05 of the Common Customs Tariff are articles which possess the requisite characteristics for inclusion in a collection, that is to say, articles which are relatively rare, are not normally used for their original purpose, are the subject of special transactions outside the normal trade in similar utility articles and are of high value'.

16.10.2020

Official Journal of the European Union

C 345/334

P8_TA(2018)0420

Authorisation and supervision of medicinal products for human and veterinary use ***I

European Parliament legislative resolution of 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 726/2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (COM(2014)0557 — C8-0142/2014 — 2014/0256(COD))

(Ordinary legislative procedure: first reading)

(2020/C 345/46)

The European Parliament,

—	having regard to the Commission proposal to Parliament and the Council (COM(2014)0557),

—	having regard to Article 294(2) and Articles 114 and 168(4)(c) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0142/2014),

—	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 21 January 2015 (1),

—	after consulting the Committee of the Regions,

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 13 June 2018 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 the Environment, Public Health and Food Safety and the opinion of the Committee on the Agriculture and Rural Development (A8-0035/2016),

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;

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

(1) OJ C 242, 23.7.2015, p. 39..

(2) This position replaces the amendments adopted on 10 March 2016 (Texts adopted, P8_TA(2016)0088).

P8_TC1-COD(2014)0256

Position of the European Parliament adopted at first reading on 25 October 2018 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council amending Regulation (EC) No 726/2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency, Regulation (EC) No 1901/2006 on medicinal products for paediatric use and Directive 2001/83/EC on the Community code relating to medicinal products for human use

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/5.)

16.10.2020

Official Journal of the European Union

C 345/335

P8_TA(2018)0421

Veterinary medicinal products ***I

European Parliament legislative resolution of 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council on veterinary medicinal products (COM(2014)0558 — C8-0164/2014 — 2014/0257(COD))

(Ordinary legislative procedure: first reading)

(2020/C 345/47)

The European Parliament,

—	having regard to the Commission proposal to Parliament and the Council (COM(2014)0558),

—	having regard to Article 294(2) and Articles 114 and 168(4)(b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0164/2014),

—	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 21 January 2015 (1),

—	after consulting the Committee of the Regions,

—	having regard to its resolution of 19 May 2015 on safer healthcare in Europe: improving patient safety and fighting antimicrobial resistance (2),

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 13 June 2018 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 the Environment, Public Health and Food Safety and the opinion of the Committee on Agriculture and Rural Development (A8-0046/2016),

Adopts its position at first reading hereinafter set out (3);

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

(1) OJ C 242, 23.7.2015, p. 54–..

(2) OJ C 353, 27.9.2016, p. 12

(3) This position replaces the amendments adopted on 10 March 2016 (Texts adopted, P8_TA(2016)0087).

P8_TC1-COD(2014)0257

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/6.)

16.10.2020

Official Journal of the European Union

C 345/336

P8_TA(2018)0422

Manufacture, placing on the market and use of medicated feed ***I

European Parliament legislative resolution of 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council on the manufacture, placing on the market and use of medicated feed and repealing Council Directive 90/167/EEC (COM(2014)0556 — C8-0143/2014 — 2014/0255(COD))

(Ordinary legislative procedure: first reading)

(2020/C 345/48)

The European Parliament,

—	having regard to the Commission proposal to Parliament and the Council (COM(2014)0556),

—	having regard to Article 294(2) and Article 43 and Article 168(4)(b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0143/2014),

—	having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

—	having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

—	having regard to the opinion of the European Economic and Social Committee of 21 January 2015 (1),

—	After consulting the Committee of the Regions,

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 8 May 2018 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

—	having regard to Rules 59 and 39 of its Rules of Procedure,

—	having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0075/2016),

Adopts its position at first reading hereinafter set out;

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

(1) OJ C 242, 23.7.2015, p. 54.

P8_TC1-COD(2014)0255

Position of the European Parliament adopted at first reading on 25 October 2018 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council on the manufacture, placing on the market and use of medicated feed, amending Regulation (EC) No 183/2005 of the European Parliament and of the Council and repealing Council Directive 90/167/EEC

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/4.)

16.10.2020

Official Journal of the European Union

C 345/337

P8_TA(2018)0423

Charging of heavy goods vehicles for the use of certain infrastructures ***I

European Parliament legislative resolution of 25 October 2018 on the proposal for a Directive of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (COM(2017)0275 — C8-0171/2017 — 2017/0114(COD))

(Ordinary legislative procedure: first reading)

(2020/C 345/49)

The European Parliament,

—	having regard to the Commission proposal to Parliament and the Council (COM(2017)0275),

—	having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0171/2017),

—	having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

—	having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Austrian Federal Council, asserting that the draft legislative act does not comply with the principle of subsidiarity,

—	having regard to the opinion of the European Economic and Social Committee of 18 October 2017 (1),

—	having regard to the opinion of the Committee of the Regions of 1 February 2018 (2),

—	having regard to Rule 59 of its Rules of Procedure,

—	having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0202/2018),

Adopts its position at first reading hereinafter set out;

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

(1) OJ C 81, 2.3.2018, p. 188.

(2) OJ C 176, 23.5.2018, p. 66.

P8_TC1-COD(2017)0114

Position of the European Parliament adopted at first reading on 25 October 2018 with a view to the adoption of Directive (EU) …/… of the European Parliament and of the Council amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

(1)

Progress towards the goal, which the Commission set out in its White Paper of 28 March 2011 (4), namely to move towards the full application of the 'polluter pays' and 'user pays' principles, to generate revenue and ensure financing for future transport investments has been slow and inconsistencies persist in the application of road infrastructure charging across the Union.

(1a)	In that White Paper, the Commission set a deadline for 2020 to 'proceed to the full and mandatory internalisation of external costs (including noise, local pollution and congestion on top of the mandatory recovery of wear and tear costs) for road and rail transport'. [Am. 1]

(1b)

The movement of goods and passenger vehicles is a factor that contributes to the release of pollutants into the atmosphere. Such pollutants, which have a very serious impact on people's health and lead to the deterioration of ambient air quality in the Union, include PM2,5, NO2, and O3. In 2014, those three pollutants caused 399 000, 75 000, and 13 600 premature deaths in the Union owing to prolonged exposure, respectively, according to European Environment Agency estimates produced in 2017. [Am. 2]

(1c)	According to the World Health Organization, noise from road traffic alone ranks second among the most harmful environmental stressors in Europe, exceeded only by air pollution. At least 9 000 premature deaths a year can be attributed to heart disease caused by traffic noise. [Am. 3]

(1d)	According to the European Environment Agency's 2017 report on air quality in Europe, road transport, in 2015, was the sector with the highest NOx emissions and the second largest emitter of black carbon pollution. [Am. 4]

(2)

In its Communication on a European Strategy for Low-Emission Mobility (5), the Commission announced that it would propose the revision of the Directive on the charging for lorries to enable charging also on the basis of carbon dioxide differentiation, and the extension of some of its principles to buses and coaches as well as passenger cars and vans.

(3)

All heavy duty vehicles have significant impact on road infrastructure and contribute to air pollution, and light duty vehicles are at the source of the majority of the negative environmental and social impacts from road transport related to emissions and congestion. In the interest of equal treatment and fair competition, it should be ensured that vehicles so far not covered by the framework set out in Directive 1999/62/EC of the European Parliament and of the Council (6) in respect of tolls and user charges are included into this framework. The scope of that Directive should therefore be extended to heavy duty vehicles other than those intended for the carriage of goods and to light duty vehicles, including and passenger cars. Charges for passenger cars could be adjusted so as to avoid excessive penalisation of frequent users. In the interest of equal treatment, charges should also be applied in a non-discriminatory manner, on the basis of category of vehicle, and differently, depending on vehicle impact on infrastructures and on the environment and society, and on the socioeconomic circumstances of certain users with no other choice but to go by road to their place of employment. [Am. 5]

(3a)

To establish an internal market in road transport with a level playing field, rules should be applied uniformly. One of the main aims of this Directive is to eliminate distortions of competition between users. Accordingly, vans carrying goods by road ought to be included in the scope of charges applied to heavy duty vehicles. [Am. 6]

(3b)

In order to guarantee that such a measure is proportionate, it is important to target only vans used to carry goods by road that are regulated by Regulations (EC) No 1071/2009 (7) and (EC) No 1072/2009 (8) of the European Parliament and of the Council and by Regulation (EU) No 165/2014 of the European Parliament and of the Council (9) . [Am. 7]

(4)

Time-based user charges do by nature not accurately reflect infrastructure costs actually induced and, for similar reasons, are not effective when it comes to incentivising cleaner and more efficient operations, or reducing congestion. They For heavy vehicles, time-based user charges should therefore be gradually replaced by distance-based charges, which are fairer, more efficient and more effective. [Am. 8]

(4a)

In order to ensure that this gradual replacement of time-based charges with distance-based charges does not become a further obstacle to access to the main European markets for transport from peripheral countries and regions, a compensation system should be put in place as soon as possible in order to counterbalance the added costs and thereby ensure that it does not represent a significant loss of competitiveness. [Am. 10]

(4b)	In order to prevent traffic from switching to toll-free roads, which may have a serious impact on road safety and the optimum use of the road network, Member States must be able to levy tolls on all roads which are in direct competition with the trans-European networks. [Am. 11]

(4c)	Time-based user charges encourage drivers to travel more when their vignette is valid, thus making them misapply the 'polluter pays' principle and the 'user pays' principle. [Am. 12]

(4d)

To ensure that this Directive is properly applied, the contractual frameworks governing concession contracts for road charge collection should make it easier, with due regard for Directive 2014/23/EU of the European Parliament and of the Council, to bring those contracts into line with changes in the Union's regulatory framework. [Am. 13]

(4e)

In this connection, consideration should be given to the possibility of offsetting the added costs arising from remoteness by means of facilities as regards access to more energy-efficient fleets and the priority provision of exclusive infrastructure or technologies such as e-highways. Those compensating facilities could form part of the future CEF post-2020. [Am. 14]

(5)

In order to secure user acceptance of future road charging schemes, Member States should be allowed to introduce adequate systems for the collection of charges as part of a wider package of mobility services. Such systems should ensure a fair distribution of infrastructure costs and reflect the 'polluter pays' principle and incorporate arrangements for ring-fencing the receipts from the user charges . In that connection, Member States should also be free to levy tolls on roads which do not form part of the main transport network. Any Member States introducing such a system should ensure that it complies with the provisions of Directive 2004/52/EC of the European Parliament and of the Council (10). [Am. 15]

(5a)	Member States should be encouraged to take into account socioeconomic factors when applying road infrastructure charging schemes for passenger cars. [Am. 16]

(5b)

The levying of charges on all road users by electronic means involves the mass collection and storage of personal data, which can also be used to draw up comprehensive movement profiles. The Member States and the Commission should systematically take account of the principles of purpose limitation and data minimisation when implementing this Directive. Technical solutions for the collection of data in connection with the levying of road-use charges should therefore incorporate anonymised, encrypted or advance payment options. [Am. 17]

(5c)	Vehicle taxes might act as an obstacle to the introduction of tolls. To provide backing for the introduction of tolls, Member States should have greater leeway to lower vehicle taxes quickly, meaning a reduction, as soon as possible, of the minimum rates set out in Directive 1999/62/EC. [Am. 18]

(5d)

It is of particular importance that the Member States establish a fair charging system which does not penalise users of private vehicles which, due to their place of residence in the countryside or in areas that are difficult of access or isolated, are forced to make more regular use of roads subject to charging. Under territorial development policy, Member States should levy reduced charges on users from such areas. [Am. 20]

(6)

As in respect of heavy duty vehicles, it is important to ensure that , if Member States introduce any time-based charges applied to light duty vehicles , they are proportionate, including in respect of periods of use shorter than one year. In that regard, account needs to be taken of the fact that light duty vehicles have a use pattern differing from the use pattern of heavy duty vehicles. The calculation of proportionate time-based charges could be based on available data on trip patterns , provided that it ensures non-discrimination . [Am. 21]

(7)

Pursuant to Directive 1999/62/EC, an external-cost charge may consistent with the polluter-pays principle should be imposed at a level close to the social marginal cost of the usage of the vehicle in question. That method has proven to be the fairest and most efficient way to take account of negative environmental and health impacts of air pollution and noise generated by heavy duty vehicles, and would ensure a fair contribution from heavy duty vehicles to meeting EU air quality standards (11) and any applicable noise limits or targets. The application of such charges should therefore be facilitated. [Am. 22]

(8)

To this effect, the possibility of applying an external-cost charge on networks not covered by an infrastructure charge should be introduced and the maximum weighted average external-cost charges should be replaced by readily applicable reference minimum values updated in light of inflation, the scientific progress made in estimating the external costs of road transport and the evolution of the fleet composition. [Am. 23]

(8a)	To help realise the transport White Paper objective of moving towards full application of the 'polluter pays' principle, it should be ensured that, on networks covered by an infrastructure charge, an external-cost charge is applied for heavy duty vehicles and vans carrying goods by road. [Am. 24]

(8b)	In order to ensure an appropriate re-use of revenues from external-cost charges, it would be appropriate for those revenues to be reinvested in the transport infrastructure sector in order to promote more sustainable modes of transport with a lower environmental impact. [Am. 25]

(9)

The variation of infrastructure charges according to Euro emission class has contributed to the use of cleaner vehicles. However, with the renewal of vehicle fleets, the variation of charges on this basis on the inter-urban network is expected to become obsolete less effective by the end of 2020 and should therefore be phased out by that time. From the same point in time, external-cost charging should be applied more systematically, as a targeted means to recover external cost in respect of situations in which it matters most. [Am. 27]

(10)	The share of CO2 emissions from heavy duty vehicles is increasing. A variation of infrastructure charges according to such emissions is capable of contributing to improvements in this area and should therefore be introduced.

(11)

Light duty vehicles generate two thirds of the negative environmental and health impacts of road transport. It is therefore important to incentivise the use of the cleanest and most fuel-efficient vehicles through the differentiation of road charges based on conformity factors defined in Commission Regulation (EU) 2016/427 (12), Commission Regulation (EU) 2016/646 (13), and Commission Regulation (EU) 2017/xxx (14).

(12)

In order to promote the use of the cleanest and most more efficient vehicles, Member States should apply significantly reduced road tolls and user charges to those vehicles. To facilitate and speed up the implementation of such schemes, those reductions ought to be applied regardless of the entry into force of Commission Regulation (EU) …/… implementing Regulation (EC) No 595/2009 as regards the certification of the CO2 emissions and fuel consumption of heavy-duty vehicles. Zero-emission vehicles should not be subject to any external-cost charge related to air pollution. [Am. 28]

(12a)

Trans-Alpine transit represents a particular problem for the regions affected, in the form of noise and air pollution and wear and tear on infrastructure, which is exacerbated by cost competition with nearby corridors. The regions affected and the Member States must therefore be afforded a broad measure of flexibility when it comes to the charging of external costs and the implementation of traffic-management measures, not least with a view to preventing unwanted displacement effects and the diversion of traffic between corridors. [Am. 29]

(13)

Road congestion, to which all motor vehicles contribute in different proportions, represents a cost of about 1 % of GDP. A significant part of this cost can be attributed to interurban congestion. A specific congestion charge should therefore be allowed, on condition that it is applied to all vehicle categories. In order to be effective and, proportionate and non-discriminatory , the charge should be calculated on the basis of the marginal congestion cost and differentiated according to location, time and vehicle category. Similarly, balancing and compensatory formulae need to be found that do not discriminate against workers living on the outskirts of cities, who would already have to bear the costs of both user charges and tolls. In order to maximise the positive effect of congestion charges, corresponding revenues should be allocated to projects addressing the sources of the problem. [Am. 30]

(13a)

To help safeguard the Union's automobile heritage, Member States should place vehicles of historical interest in a special category for the purposes of adjusting the various charges payable under this Directive. [Am. 31]

(14)

Congestion charges should reflect the actual costs imposed by each vehicle on other road users directly, and indirectly on society at large, in a proportionate manner. In order to avoid that they disproportionately hinder the free movement of people and goods, they should be limited to specific amounts reflecting marginal congestion cost in near capacity condition, that is to say when traffic volumes approach road capacity.

(15)	The revenue-neutral variation of infrastructure charges applied to heavy goods vehicles, a suboptimal instrument for the purpose of reducing congestion, should be phased out.

(15a)

In view of the high external costs of accidents, which amount to tens of billions of euros a year, Member States should be given the possibility, in connection with the provisions on the average social cost of fatal and serious accidents under Directive 2008/96/EC of the European Parliament and of the Council (15) , of better internalising costs not covered by insurance arrangements. A proportion of those costs would be met by the relevant social security scheme or by society as a whole, such as the administrative costs of public services drawn on, certain costs of medical services drawn on, and human capital losses and the cost of physical and psychological harm. [Am. 32]

(16)

Mark-ups added to the infrastructure charge could also provide a useful contribution to addressing problems related to significant environmental damage or congestion caused by the use of certain roads, not only within mountainous areas. The current restriction of mark-ups to such areas should therefore be removed. Mark-ups should therefore be facilitated by removing the current restrictions limiting them to such areas, as should the allocation thereof to projects within the core network of the trans-European transport network . In order to avoid double charging of users, mark-ups should be excluded more strictly limited on road sections on which a congestion charge is applied. The maximum level should also be adapted to differing circumstances. [Am. 33]

(17)

In case a Member State introduces a system of road charging, compensations granted may, according to the case, result in the discrimination of non-resident road users. The possibility to grant compensation at such occasion should therefore be limited to the cases of tolls and should no longer be available in the case of user charges.

(17a)

As in respect to light duty vehicles, it is important to ensure that this Directive does not hamper the free movement of citizens. Member States should be allowed to introduce discounts and reductions when road users are disproportionally affected by charges due to geographical or social reasons. [Am. 34]

(18)	In order to exploit potential synergies among existing road charging systems so as to reduce operating costs, the Commission should be fully involved in the cooperation among Member States intending to introduce common and interoperable road charging schemes. [Am. 35]

(19)

Road charges can mobilise resources that contribute to the financing and cross-financing of alternative transport infrastructure projects and the maintenance and development of high quality transport infrastructure s and services. It is therefore appropriate for Member States to use revenues from road charges accordingly and that they be required to adequately report on the use of such revenues . Revenues from infrastructure charges and external cost charges should therefore be reinvested in the transport sector . That should in particular help identifying possible financing gaps, and raising the public acceptance of road charging. [Am. 36]

(20)

Since the objective of this Directive is in particular to ensure that national pricing schemes applied to vehicles other than heavy goods vehicles are applied within a coherent framework that secures equal treatment across the Union, cannot be sufficiently achieved at Member State level but can rather, by reason of the cross-border nature of road transport and of the problems this Directive is intended to address, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary to achieve that objective.

(21)

It is necessary to ensure that external-cost charges continue to reflect the cost of air pollution and noise generated by heavy duty vehicles as accurately as possible without rendering the charging scheme excessively complex, to incentivise the use of the most fuel-efficient vehicles, and to keep the incentives effective and the differentiation of road charges up-to-date. Therefore, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission for the purpose of adapting the reference minimum values for external cost charging to scientific progress, defining the modalities for the revenue-neutral variation of infrastructure charges according to the CO2 emissions from heavy duty vehicles, and adapting the modalities of the variation of infrastructure charges for light duty vehicles to technical progress. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 (16). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 37]

(21a)

No later than two years after the entry into force of the Directive, the Commission will put forward a generally applicable, transparent and clear framework for the internalisation of environmental, congestion and health costs that will form the basis for future calculations of infrastructure charges. In this connection, the Commission should be able to propose a model accompanied by an analysis of the impact on external-cost internalisation for all transport modes. As regards proportionality, account must be taken of all modes in connection with external-cost charging. [Am. 38]

(21b)

In the interest of transparency, it would be appropriate for Member States to disclose to road users the results achieved by the reinvestment of infrastructure charges, external-cost charges and congestion charges. They should therefore announce the benefits obtained in terms of improved road safety, reduced environmental impact and reduced traffic congestion. [Am. 39]

(22)

In order to ensure uniform conditions for the implementation of the relevant provisions of this Directive, implementing powers should be conferred on the Commission. The advisory procedure should be used for the adoption of implementing acts establishing a harmonised set of indicators for the evaluation of the quality of road networks. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council (17).

(23)	Directive 1999/62/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 1999/62/EC is amended as follows:

(1)	the title is replaced by the following: 'Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the distance based charging of vehicles for the use of road infrastructures'; [Am. 40]

(2)

Articles 1 and 2 are replaced by the following:

'Article 1

1. This Directive applies to:

(a)	vehicle taxes for heavy goods vehicles,

(b)	tolls and user charges imposed on vehicles.

2. This Directive shall not apply to vehicles carrying out transport operations exclusively in the non-European territories of the Member States.

3. This Directive shall not apply to vehicles registered in the Canary Islands, Ceuta and Melilla, the Azores or Madeira and carrying out transport operations exclusively in those territories or between those territories and, respectively, mainland Spain and mainland Portugal.

Article 2

For the purposes of this Directive:

(1)	"trans-European road network" means the road transport infrastructure referred to in Section 3 in Chapter II of Regulation (EU) No 1315/2013 of the European Parliament and of the Council (*1) as illustrated by maps in Annex I to that Regulation;

(2)

"construction costs" means the costs related to construction, including, where appropriate, the financing costs, of one of the following:

(a)	new infrastructure or new infrastructure improvements, including significant structural repairs or alternative transport infrastructure for modal shift ; [Am. 41]

(b)

infrastructure or infrastructure improvements, including significant structural repairs, completed no more than 30 years before 10 June 2008, where tolling arrangements were already in place on 10 June 2008, or completed no more than 30 years before the establishment of any new tolling arrangements introduced after 10 June 2008;

(c)

infrastructure or infrastructure improvements completed before 10 June 2008 where:

(i)	a Member State has established a tolling system which provides for the recovery of these costs by means of a contract with a tolling system operator, or other legal acts having equivalent effect, which entered into force before 10 June 2008; or

(ii)	a Member State can demonstrate that the case for building the infrastructure in question depended on its having a design lifetime in excess of 30 years;

(3)	"financing costs" means interest on borrowings and return on any equity funding contributed by shareholders;

(4)	"significant structural repairs" means structural repairs excluding those repairs no longer of any current benefit to road users, in particular where the repair work has been replaced by further road resurfacing or other construction work;

(5)

"motorway" means a road specially designed and built for motor traffic, which does not serve properties bordering on it, and which meets the following criteria:

(a)	it is provided, except at special points or temporarily, with separate carriageways for the two directions of traffic, separated from each other either by a dividing strip not intended for traffic or, exceptionally, by other means;

(b)	it does not cross at grade with any road, railway or tramway track, bicycle path or footpath;

(c)	it is specifically designated as a motorway;

(6)

"toll" means a specified amount based on the distance travelled on a given infrastructure and on the type of the vehicle, the payment of which confers the right for a vehicle to use the infrastructures, comprising one or more of the following charges: an infrastructure charge, and as the case may be a congestion charge or an external-cost charge or both; [Am. 42]

(7)	"infrastructure charge" means a charge levied for the purpose of recovering the construction, the maintenance, the operation and the development costs related to infrastructure incurred in a Member State;

(8)	"external-cost charge" means a charge levied for the purpose of recovering the costs incurred in a Member State related to traffic-based air pollution or traffic-based noise pollution or both;

(9)	"congestion" means a situation where traffic volumes approach or exceed road capacity;

(10)	"congestion charge" means a charge which is levied on vehicles for the purpose of recovering the congestion costs incurred in a Member State and reducing congestion;

(11)	"cost of traffic-based air pollution" means the cost of the harm to human health and of the damage caused to the environment by the release of particulate matter and of ozone precursors, such as nitrogen oxide and volatile organic compounds, in the course of the operation of a vehicle; [Am. 43]

(12)	"cost of traffic-based noise pollution" means the cost of the harm to human health and of the damage caused to the environment by the noise emitted by the vehicles or created by their interaction with the road surface; [Am. 44]

(13)	"weighted average infrastructure charge" means the total revenue of an infrastructure charge over a given period divided by the number of heavy duty vehicle kilometres travelled on the road sections subject to the charge during that period;

(14)	"user charge" means a specified amount payment of which confers the right for a vehicle to use for a given period the infrastructures referred to in Article 7(1) and (2);

(15)	"vehicle" means a motor vehicle, with four wheels or more, or articulated vehicle combination intended or used for the carriage by road of passengers or goods;

(16)	"heavy duty vehicle" means a heavy goods vehicle or a coach or bus;

(17)	"heavy goods vehicle" means a vehicle intended for the carriage of goods and having a maximum permissible mass exceeding 3,5 tonnes;

(18)	"coach or bus" means a vehicle intended for the carriage of more than 8 passengers, in addition to the driver, and having a maximum permissible mass exceeding 3,5 tonnes;

(18a)

"light vehicle" means a light duty vehicle or a passenger car; [Am. 46]

(19)	"light duty vehicle" means apassenger car, a minibus minibus, a van or a van intended for the carriage of goods ; [Am. 47]

(20)	"passenger car" means a vehicle with four wheels intended for the carriage of passengers but not more than eight passengers, in addition to the driver;

(20a)"

vehicle of historical interest" a vehicle that is of historical interest within the meaning of Article 3(7) of Directive 2014/45/EU of the European Parliament and of the Council (*2) ; [Am. 48]

(21)	"minibus" means a vehicle intended for the carriage of more than eight passengers, in addition to the driver, and having a maximum permissible mass not exceeding 3,5 tonnes;

(22)	"van" means a vehicle intended for the carriage of goods, and other than a passenger car having a maximum permissible mass not exceeding 3,5 tonnes; [Am. 49]

(22a)

"van intended for the carriage of goods" means a vehicle, engaged in the occupation of road transport operator as set out in Regulation (EC) No 1071/2009 of the European Parliament and of the Council (*3) , and with a maximum permissible laden mass of between 2,4 and 3,5 tonnes and a height of more than 2 metres; [Am. 50]

(22b)

"zero-emission operation" means a vehicle that operates with no tailpipe exhaust emissions during the entirety of a covered road network, in a verifiable manner; [Am. 51]

(23)	"zero-emission vehicle" means a vehicle with no exhaust emissions;

(23a)

"motorcycle" means a two-wheeled vehicle, with or without side-car, and any tricycle and any quadricycle in categories L3e, L4e, L5e, L6e and L7e referred to in Regulation (EU) No 168/2013; [Am. 52]

(24)	"transport operator" means any undertaking transporting goods or passengers by road;

(25)	"vehicle of the "EURO 0", "EURO I", "EURO II", "EURO III", "EURO IV", "EURO V", "EURO VI" category" means a heavy duty vehicle that complies with the emission limits set out in Annex 0;

(26)

"type of vehicle" means a category into which a heavy duty vehicle falls according to the number of its axles, its dimensions or weight, or other vehicle classification factors reflecting road damage, e.g. the road damage classification system set out in Annex IV, provided that the classification system used is based on vehicle characteristics which either appear in the vehicle documentation used in all Member States or are visually apparent;

(27)	"concession contract" means a"public works contract"" concession " as defined in Article 5(1) of Directive 2014/24/EU 2014/23/EU of the European Parliament and of the Council (*4); [Am. 53]

(28)	'concession toll' means a toll levied by a concessionaire under a concession contract;

(29)

'substantially amended tolling or charging arrangement' means a tolling or charging arrangement, which has been amended in such a way that costs or revenues are affected by at least 5 % 15 % in comparison with the previous year, after correcting for inflation measured by changes in the EU-wide Harmonised Index of Consumer Prices, and excluding energy and unprocessed food, as published by the Commission (Eurostat). In concession contracts, modifications that fulfil the criteria of Article 43(1) and (2) of Directive 2014/23/EU shall not be considered to be substantial; [Am. 54]

(29a)

'cross-financing' means the financing of efficient, alternative transport infrastructure projects from revenues from tolls and infrastructure charges on existing transport infrastructure; [Am. 55]

(29b)

'Member States' means all Member State authorities, i.e. central-government authorities, authorities within a federal state and other territorial authorities empowered to ensure compliance with Union law. [Am. 56]

For the purposes of point 2:

(a)

in any event, the proportion of the construction costs to be taken into account shall not exceed the proportion of the current design lifetime period of infrastructure components still to run on 10 June 2008 or on the date when the new tolling arrangements are introduced, where this is a later date;

(b)

costs of infrastructure or infrastructure improvements may include any specific expenditure on infrastructure , including that incurred as a result of new regulatory requirements designed to reduce nuisance related to noise, to introduce innovative technologies or to improve road safety and actual payments made by the infrastructure operator corresponding to objective environmental elements such as protection against soil contamination. [Am. 57]

(*1) Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network (OJ L 348, 20.12.2013, p. 1)."

(*2) 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). "

(*3) Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51). "

(*4)Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65.) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1). ';"

(2a)

In Article 6(2), the following point is added:

'(ba)

vehicles of historical interest;'; [Am. 58]

(3)

Article 7 is replaced by the following:

'Article 7

1. Without prejudice to Article 9 (1a), Member States may maintain or introduce tolls and user charges on the trans-European road network or on certain sections of that network, and on any other additional sections of their network of motorways which are not part of the trans-European road network under the conditions laid down in paragraphs 3 to 9 of this Article and in Articles 7a to 7k.

2. Paragraph 1 shall be without prejudice to the right of Member States, in compliance with the Treaty on the Functioning of the European Union, to apply tolls and user charges on other roads, provided that the imposition of tolls and user charges on such other roads does not discriminate against international traffic and does not result in the distortion of competition between operators. Tolls and user charges applied on roads other than roads belonging to the trans-European road network and other than motorways, shall comply with the conditions laid down in paragraphs 3 and 4 of this Article, Article 7a and Article 7j(1), (2) and (4).

3. Member States shall not impose both tolls and user charges on any given category of vehicle for the use of a single road section. However, a Member State which imposes a user charge on its network may also impose tolls for the use of bridges, tunnels and mountain passes.

4. Tolls and user charges shall not discriminate, directly or indirectly, on the grounds of the nationality of the road user, the Member State or the third country of establishment of the transport operator or of registration of the vehicle, or the origin or destination of the transport operation.

5. Member States may provide for reduced toll rates or user charges, or exemptions from the obligation to pay tolls or user charges for heavy duty vehicles exempted from the requirement to install and use recording equipment under Regulation (EU) No 165/2014 of the European Parliament and of the Council (*5), and in cases covered by the conditions set out in, Article 6(2)(a), (b) and (c) of this Directive.

6. Without prejudice to paragraph 9, from 1 January 2018 [the date of entry into force of this Directive] , Member States shall not introduce user charges for heavy duty vehicles and vans intended for the carriage of goods . User charges introduced before that date may be maintained until 31 December 2023 2022 and shall be replaced by infrastructure charges from 1 January 2023 on the road network covered by this Directive . [Am. 59]

7. From [the date of entry into force of this Directive], Member States shall not introduce user charges for light duty vehicles. User charges introduced before that date shall be phased out by 31 December 2027.

8. Until 31 December 2019, as regards heavy duty vehicles, a Member State may choose to apply tolls or user charges only to vehicles having a maximum permissible laden weight of not less than 12 tonnes if it considers that an extension to vehicles of less than 12 tonnes would:

(a)	create significant adverse effects on the free flow of traffic, the environment, noise levels, congestion, health, or road safety due to traffic diversion;

(b)	involve administrative costs of more than 30 % of the additional revenue which would have been generated by that extension.

Member States choosing to apply tolls or user charges or both only to vehicles having a maximum permissible laden weight of not less than 12 tonnes shall inform the Commission of their decision and on the reasons thereof.

9. As of 1 January 2020, tolls and user charges applied to heavy duty vehicles shall apply to all heavy duty vehicles and vans intended for the carriage of goods . [Am. 61]

10. Until 31 December 2022, tolls and user charges for heavy duty vehicles and vans intended for the carriage of goods on the one hand and for light duty vehicles other than vans intended for the carriage of goods on the other may be introduced or maintained independently from one another. [Am. 62]

(*5) Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).';"

(4)

Article 7a is replaced by the following:

'Article 7a

1. User charges shall be proportionate to the duration of the use made of the infrastructure.

2. Insofar as user charges are applied in respect of heavy duty vehicles, the use of the infrastructure shall be made available for at least the following periods: a day, a week, a month, and a year. The monthly rate shall be no more than 10 % of the annual rate, the weekly rate shall be no more than 5 % of the annual rate and the daily rate shall be no more than 2 % of the annual rate.

A Member State may apply only annual rates for vehicles registered in that Member State.

Member States shall set user charges, including administrative costs, for all heavy duty vehicle categories, at a level that does not exceed the maximum rates laid down in Annex II.

3. Insofar as user charges are applied in respect of passenger cars, the use of the infrastructure shall be made available at least for the following periods: a day, a week, 10 days, a month or two months or both, and a year. The two-monthly rate shall be no more than 30 % of the annual rate, the monthly rate shall be no more than 18 % of the annual rate, and the 10- day, week and day rates shall be no more than 8 % of the annual rate. [Am. 63]

Member States may also make the use of the infrastructure available for other periods of time. In such cases, Member States shall apply rates in accordance with the principle of equal treatment between users, taking into account all relevant factors, in particular the annual rate and the rates applied for the other periods referred to in the first subparagraph, existing use patterns and administrative costs.

In respect of user charge schemes adopted before 31 May 2017, Member States may maintain rates above the limits set out in the first subparagraph, in force before that date, and corresponding higher rates for other periods of use, in compliance with the principle of equal treatment. However, they shall comply with the limits set out in the first subparagraph as well as with the second subparagraph as soon as substantially amended tolling or charging arrangements enter into force and, at the latest, from 1 January 2024.

4. For minibuses , vans and vans intended for the carriage of goods , Member States shall comply either with paragraph 2 or with paragraph 3. Member States shall however set higher user charges for minibuses , vans and vans intended for the carriage of goods than for passenger cars as from 1 January 2024 at the latest. [Am. 64]

4a. The proportionality of user charges may take into consideration the specific characteristic of transport operations which start in a Member State on the periphery of the Union.'; [Am. 65]

(4a)

In Article 7b, the following paragraph is added:

'2a. The motorway sections on which an infrastructure charge is applied shall have the necessary infrastructure to ensure traffic safety for all users and may have safe parking areas in all weather conditions in compliance with Regulation (EU) …/… of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) No 165/2014 as regards positioning by means of tachographs (2017/0122(COD)).'; [Am. 66]

(5)

Article 7c is replaced by the following:

'Article 7c

1. Member States may maintain or introduce an external-cost charge, related to the cost of traffic-based air or noise pollution or both.

The external-cost charges may be introduced or maintained on road network sections that are not subject to infrastructure charges.

For heavy duty vehicles, the The external-cost charge for traffic-based air or noise pollution, shall vary and be set in accordance with the minimum requirements and the methods referred to in Annex IIIa and shall respect the reference comply with at least the minimum values set out in Annex IIIb. [Am. 67]

2. The costs taken into account shall relate to the network or the part of the network on which external-cost charges are levied and to the vehicles that are subject thereto. Member States may choose to recover only a percentage of those costs.

3. The external-cost charge related to traffic-based air pollution shall not apply to heavy duty vehicles which comply with the most stringent of EURO emission standards.

The first subparagraph shall cease to apply four years from the date when the rules which introduced those standards started to apply.

4. The amount of the external-cost charge shall be set by the Member State concerned. If a Member State designates an authority for this purpose, the authority shall be legally and financially independent from the organisation in charge of managing or collecting part or all of the charge.

5. From 1 January 2021, Member States that levy tolls shall apply an external-cost charge for traffic-based air or noise pollution to heavy duty vehicles and to vans intended for the carriage of goods on all parts of the network referred to in Article 7(1) where environmental damage generated by heavy duty vehicles is higher than the average environmental damage generated by heavy duty vehicles defined in accordance with relevant reporting requirements referred to in Annex IIIa. that are subject to an infrastructure charge . [Am. 68]

5a. From 1 January 2026 onwards, an external-cost charge imposed on any section of the road network referred to in Article 7(1) shall apply in a non-discriminatory manner to all vehicle categories. [Am. 69]

5b. The Member States can apply derogations which allow external-cost charges to be adjusted for vehicles of historical interest.'; [Am. 70]

(6)

The following Article 7da is inserted:

'Article 7da

1. Member States may, in accordance with the requirements set out in Annex V, introduce a congestion charge on any section of their road network which is subject to congestion. The congestion charge may only be applied on those road sections which are regularly congested and only during the periods when they are typically congested.

2. Member States shall define the road sections and time periods referred to in paragraph 1 on the basis of objective criteria related to the level of exposure of the roads and their vicinities to congestion, such as average delays or queue lengths.

3. A congestion charge imposed on any section of the road network shall apply in a non-discriminatory manner to all vehicle categories, in accordance with the standard equivalence factors set out in Annex V. Member States may, however, decide to exempt buses and coaches for the promotion of collective transport and socio-economic development and territorial cohesion. [Am. 72]

4. The congestion charge shall reflect the costs imposed by a vehicle on other road users, and indirectly on society, but shall not exceed the maximum levels set out in Annex VI for any given road type.

5. Member States shall put in place adequate mechanisms for monitoring the impact of congestion charges and for reviewing the level thereof. They shall review the level of charges regularly, at least every three years, to ensure that they are not higher than the cost of congestion occurring in that Member State and generated on those road sections, which are subject to the congestion charge.';

(7)

Articles 7f and 7 g are replaced by the following:

'Article 7f

1. After informing the Commission, a Member State may add a mark-up to the infrastructure charge levied on specific road sections which are regularly congested, or the use of which by vehicles causes significant environmental damage, where the following conditions are met:

(a)

the revenue generated from the mark-up is invested in financing the construction of transport infrastructure of the core network identified in accordance with Chapter III of Regulation (EU) No 1315/2013, which contribute directly to the alleviation of the congestion or environmental damage and or transport services which are located in the same corridor as the road section on which the mark-up is applied; [Am. 75]

(b)

the mark-up does not exceed 15 % of the weighted average infrastructure charge calculated in accordance with Article 7b(1) and Article 7e, except where the revenue generated is invested in cross-border sections of core network corridors, in mountainous areas, where infrastructure costs as well as climate and environmental damage are higher , in which case the mark-up may not exceed 25 % 50 % ; [Am. 76]

(c)	the application of the mark-up does not result in unfair treatment of commercial traffic compared to other road users;

(d)	a description of the exact location of the mark-up and proof of a decision to finance the construction of core network corridors transport infrastructure or transport services referred to in point (a) are submitted to the Commission in advance of the application of the mark-up; [Am. 77]

(e)	the period for which the mark-up is to apply is defined and limited in advance and is consistent, in terms of the expected revenue to be raised, with the financial plans and cost-benefit analysis for the projects co-financed with the revenue from the mark-up.

1a.In case of new cross-border projects, mark-ups may only be added if all Member States involved in such project agree. [Am. 78 and 164]

2. A mark-up may be applied to an infrastructure charge which has been varied in accordance with Article 7 g or 7ga.

3. After receiving the required information from a Member State intending to apply a mark-up, the Commission shall make that information available to the members of the Committee referred to in Article 9c. Where the Commission considers that the planned mark-up does not meet the conditions set out in paragraph 1, or where it considers that the planned mark-up will have significant adverse effects on the economic development of peripheral regions, it may, by means of implementing acts, reject or request amendment of the plans for charges submitted by the Member State concerned. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 9c(2). Where applied to the tolling systems referred to in Article 7e(3), the mark-up shall not be regarded as a substantial amendment for the purposes of this Directive. [Am. 79]

4.The amount of the mark-up shall be deducted from the amount of the external-cost charge calculated in accordance with Article 7c, except for vehicles of EURO emission classes 0, I and II from 15 October 2011, III and IV from 1 January 2015, V from 1 January 2019, and VI from January 2023 onwards. All revenues generated by the simultaneous application of the mark-up and the external cost charges shall be invested in financing the construction of core network corridors listed in Part I of Annex I to Regulation (EU) No 1316/2013. [Am. 80]

5. A mark-up may not be applied on road sections where a congestion charge is applied.

Article 7 g

1. Until 31 December 2021, the infrastructure charge may be varied for the purpose of reducing congestion, minimising infrastructure damage and optimising the use of the infrastructure concerned or promoting road safety, where the following conditions are met:

(a)	the variation is transparent, made public and available to all users on equal terms;

(b)	the variation is applied according to the time of day, type of day or season;

(c)	no infrastructure charge is more than 175 % above the maximum level of the weighted average infrastructure charge as referred to in Article 7b;

(d)	the peak periods during which the higher infrastructure charges are levied for the purpose of reducing congestion do not exceed five hours per day or the number of hours during which the ratio of congestion exceeds 100 % of capacity. [Am. 81]

(e)

the variation is devised and applied in a transparent and revenue-neutral way on a road section affected by congestion by offering reduced toll rates for hauliers who travel during off-peak periods and increased toll rates for hauliers who travel during peak hours on the same road section.

A Member State wishing to introduce such variation or changing an existing one informs the Commission thereof and provides it with the information necessary to assess whether the conditions are fulfilled.

2. Until 31 December 2020, in respect of heavy duty vehicles, Member States shall vary the infrastructure charge according to the EURO emission class of the vehicle in such a way that no infrastructure charge is more than 100 % above the same charge for equivalent vehicles meeting the strictest emission standards. Existing concession contracts may be exempted from this requirement until the contract is renewed.

A Member State may nevertheless derogate from the requirement of varying the infrastructure charge where any of the following applies:

(i)	it would seriously undermine the coherence of the tolling systems in its territory;

(ii)	it would not be technically practicable to introduce such differentiation in the tolling system concerned;

(iii)

it would lead to diversion of the most polluting vehicles with negative impacts on road safety and public health;

(iv)	the toll includes an external-cost charge.

Any such derogations or exemptions shall be notified to the Commission.

3. Where, in the event of a check, a driver or, if appropriate, the transport operator does not make payments using an electronic tolling system or does not hold a valid subscription or its vehicle does not carry on-board equipment approved by the toll operator necessary to ascertain the emission class of the vehicle for the purposes of paragraph 2, Member States may apply tolls up to the highest level chargeable. [Am. 82]

4. Within one year after official CO2 emission data are published by the Commission pursuant to Regulation (EU) …/… (*6), the Commission shall adopt a delegated act, in accordance with Article 9e, to define the reference values of CO2 emissions, together with an appropriate categorisation of the heavy duty vehicles concerned , taking account of emission reducing technologies . [Am. 83]

Within one year from the entry into force of the delegated act, Member States shall vary the infrastructure charge taking into account the reference CO2 emission values and the relevant vehicle categorisation. Charges shall be varied in such a way that no infrastructure charge is more than 100 % above the same charge for equivalent vehicles having the lowest, but not zero, CO2 emissions. Zero-emission vehicles shall benefit from infrastructure charges reduced by 75 % compared to the highest rate. [Am. 84]

4a. From … [date of entry into force of this Directive], zero-emission vehicles shall benefit from infrastructure charges reduced by 50 % compared to the lowest rate. Zero-emission operation shall benefit from the same reduction, provided that such operation can be proved. [Am. 85]

4b. The Commission shall produce an evaluation report assessing the market share of zero-emission vehicles and zero emission operation by … [five years after the entry into force of this Directive]. The Commission is empowered to adopt delegated acts, in accordance with Article 9e, if appropriate, to recalculate the discount applicable to zero-emission vehicles compared to the lowest rate infrastructure charge. [Am. 86]

5. The variations referred to in paragraphs 1, 2 and 4 shall not be designed to generate additional toll revenue. Any unintended increase in revenue shall be counterbalanced by changes to the structure of the variation which shall be implemented within two years from the end of the accounting year in which the additional revenue is generated.

(*6) Commission Regulation (EU) …/… of XXX implementing Regulation (EC) No 595/2009 as regards the certification of the CO2 emissions and fuel consumption of heavy-duty vehicles and amending Directive 2007/46/EC of the European Parliament and of the Council (OJ L …, …, p. ..).';"

(8)

the following Article 7ga is inserted:

'Article 7ga

1. For light duty vehicles, until 31 December 2021, Member States may vary tolls and user charges according to the environmental performance of the vehicle. [Am. 87]

2. From 1 January 2022 Member States shall vary tolls and, in the case of user charges, at least annual charges, according to the CO2 and pollutant emissions of vehicles in accordance with the rules set out in Annex VII.

2a. Member States may take into account the improvement of the environmental performance of the vehicle which is linked to that vehicle's conversion to alternative fuels. A standing subscription or any other mechanism approved by the toll system's operator should allow users to benefit from a variation in toll charges that rewards the improved environmental performance of the vehicle, after conversion. [Am. 88]

3. Where, in the event of a check, a driver or, if appropriate, the transport operator, is not involved in a subscription or any other mechanism approved by the operator or, is unable to produce the vehicle documents necessary to ascertain the emission levels of the vehicle (Certificate of Conformity) pursuant to Commission Regulation (EU) …/… (*7), Member States may apply tolls or annual user charges up to the highest level chargeable. Subsequent provision of the relevant documents proving the emission levels of the vehicle shall result in the reimbursement of any difference between the tolls or charges applied and the appropriate toll or charge for the vehicle concerned . [Am. 89]

3a. Member States may adopt exceptional measures for the purposes of charging vehicles of historical interest. [Am. 90]

4. The Commission is empowered to adopt delegated acts in accordance with Article 9e amending Annex VII in order to adapt the modalities specified in the Annex to technical progress and to take into account the role of components in bringing about improvements both in road safety and in the decarbonisation of transport . [Am. 91]

(*7) Commission Regulation (EU) 2017/xxx of xxx supplementing 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, amending Directive 2007/46/EC of the European Parliament and of the Council, Commission Regulation (EC) No 692/2008 and Commission Regulation (EU) No 1230/2012 and repealing Regulation (EC) No 692/2008 (OJ L xxx) and 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 (Framework Directive) (OJ L 263, 9.10.2007, p. 1).';"

(9)

Article 7h is amended as follows:

(a)	in paragraph 1, the introductory wording is replaced by the following: 'At least six months before the implementation of a new or substantially amended infrastructure charge tolling arrangement, Member States shall send to the Commission:';

(aa)

in Article 7h, paragraph (1), point (a), the following indent is added:

'—	clear information on the interoperability of the on-board equipment that is carried o(aa)n board of vehicles to pay user charges and tolls; it shall state the reasons why other on-board equipment in use in other Member States cannot be applied by users for this tolling arrangement.'; [Am. 92]

(ab)

the following paragraph is inserted:

'1a. The contractual framework governing relations between grantors and concessionaires shall seek to enable concession contracts to be brought into line with changes to the Union or national regulatory framework relating to the obligations laid down in Articles 7c, 7da, 7 g and 7ga of this Directive.'; [Am. 93]

(b)	paragraph 3 is replaced by the following: '3. Before the implementation of a new or substantially amended external-cost charge tolling arrangement, Member States shall inform the Commission about the network concerned, the foreseen rates per vehicle category and emission class.';

(c)	paragraph 4 is deleted;

(10)

Article 7i is amended as follows:

(-a)	in paragraph 2, the introductory part is replaced by the following: '2. For heavy duty vehicles and vans intended for the carriage of goods , Member States may provide for discounts or reductions to the infrastructure charge on condition that:'; [Am. 94]

(a)

in paragraph 2, point (b) and (c) are replaced by the following:

'(b)	such discounts or reductions reflect actual savings in administrative costs of the treatment of frequent users compared to occasional users;

(c)	such discounts or reductions do not exceed 13 % 20 % of the infrastructure charge paid by equivalent vehicles not eligible for the discount or reduction and those used for local or habitual transport, or both .'; [Am. 95]

(aa)

the following paragraph is inserted:

'2a. For light vehicles, in particular for frequent users on the areas of dispersed settlements and the outskirts of cities, Member States may provide for discounts or reductions to the infrastructure charge provided that:

(a)	the resulting charging structure is proportionate, made public and available to users on equal terms and does not lead to additional costs being passed on to other users in the form of higher tolls;

(b)

such discounts and reductions contribute:

(i)	to social cohesion; and/or

(ii)	to ensuring the mobility of peripheral regions or remote areas or both;'; [Am. 96]

(ab)

the following paragraph is inserted:

'2b. Member States or competent authorities may introduce a kilometre-based flat-rate exemption on a specific road section, taking into account the mobility patterns and economic interest of peripheral regions, provided that the resulting charging structure is proportionate, is made public and is made available to users on equal terms and does not lead to additional costs being passed on to other users in the form of higher tolls;'; [Am. 97]

(b)

paragraph 3 is amended as follows:

'3. Subject to the conditions provided for in Article 7 g(1)(b) and (5), toll rates may for specific projects of high European interest identified in Annex I to Regulation (EU) No 1315/2013, be subject to other forms of variation in order to secure the commercial viability of such projects where they are exposed to direct competition with other modes of transport. The resulting charging structure shall be linear, proportionate, made public, and available to all users on equal terms and shall not lead to additional costs being passed on to other users in the form of higher tolls.'; [Am. 98]

(ba)

the following paragraph is inserted:

'3a. In mountain areas and peripheral regions, Member States or competent authorities may vary toll rates for heavy vehicles according to distance travelled by the tolled vehicles to minimise social-economic impacts, provided that:

(a)	the variation according to driving distance considers the different characteristics of short-distance and long-distance transport, especially the available options for modal shift to other transport modes;

(b)	the variation is applied in a non-discriminatory way;

(c)	the technical equipment allows the detection of entry and exit points of the vehicle across national borders.'; [Am. 99]

(11)

Article 7j is amended as follows:

(a)

in paragraph 1, the second sentence is replaced by the following:

'To that end, Member States shall cooperate in establishing methods for enabling road users to pay tolls and user charges 24 hours a day, either at the border or at any other sales outlet , with the option of receipt, using common means of payment including electronic means inside and outside the Member States in which they are applied.'; [Am. 100]

(b)

paragraph 3 is replaced by the following:

'3. Where a Member State levies a toll on a vehicle, the total amount of the toll, the amount of the infrastructure charge, the amount of the external-cost charge, and the amount of the congestion charge, where applied, shall be indicated in a receipt, upon request, provided to the road user, where possible by electronic means.'; [Am. 101]

(c)	in paragraph 4, the first sentence is replaced by the following: 'Where economically feasible, Member States shall levy and collect external-cost charges and congestion charges by means of an electronic system which complies with the requirements of Article 2(1) of Directive 2004/52/EC.';

(12)

Article 7k is replaced by the following:

'Article 7k

Without prejudice to Articles 107 and 108 of the Treaty on the Functioning of the European Union, this Directive does not affect the freedom of Member States which introduce a system of tolls to provide for appropriate compensation, provided that they do not distort or have a negative impact on local or habitual hauliers, or both .'; [Am. 102]

(13)

in Article 8, paragraph 2 is amended as follows:

(a)	in point (a) the reference to 'Article 7(7)' is replaced by a reference to 'Article 7a';

(b)	in point (b), the words 'and (2)' are inserted after 'Article 7(1)';

(13a)

The following Article is inserted:

'Article 8a

Monitoring and reporting

1. Each Member State shall designate an independent supervisory authority for infrastructure charging responsible for ensuring compliance with this Directive.

2. The supervisory authority shall carry out economic and financial checks on concession contracts in order, in particular, to ensure compliance with Article 7b.

3. Member States shall inform the Commission that the supervisory authority has been designated.'; [Am. 103]

(14)

Article 9 is amended as follows:

(-a)

in Article 9(2), the introductory part is replaced by the following:

'2.Member States shall determine the use of revenues generated by this Directive.To enable the transport network to be developed as a whole, revenues generated from infrastructure and external costs charges, or the equivalent in financial value of these revenues, should shall be used benefit the transport sector to carry out road network maintenance and upkeep, and to optimise the entire transport system. In particular, revenues generated from external cost charges, or the equivalent in financial value of these revenues, should shall be used to make transport more sustainable, including one or more of the following:'; [Am. 104]

(-aa)

in paragraph 2, point (b) is replaced by the following:

'(b)	reducing road transport air pollution and noise pollution ;'; [Am. 105]

(-ab)

in paragraph 2, the following point is inserted:

'(ba)

financing collective and sustainable modes of transport;'; [Am. 106]

(-ac)

in paragraph 2, point (e) is replaced by the following:

'(e)	developing alternative-fuel infrastructures in accordance with Directive 2014/94/EU and alternative service for transport users and/or expanding current capacity;'; [Am. 107]

(-ad)

in paragraph 2, point (f) is replaced by the following:

'(f)	supporting the trans-European transport network and eliminating bottlenecks ;'; [Am. 108]

(-ae)

in paragraph 2, point (h) is replaced by the following:

'(h)	improving road safety and safe road infrastructure ; and'; [Am. 109]

(-af)

in paragraph 2, point (i) is replaced by the following:

'(i)	providing safe and secure parking areas; '; [Am. 110]

(a)	in paragraph 2, the second sub-paragraph is deleted;

(b)

the following paragraph 3 is added:

'3. Revenues generated from congestion charges, or the equivalent in financial value of these revenues, shall be used to address the problem of congestion, for example by: [Am. 111]

(a)	supporting collective transport infrastructure and services;

(b)	eliminating bottlenecks and missing links on their networks, wherever the charge is applied, and on the trans-European transport network; [Am. 112]

(c)	developing alternative infrastructure and multimodal hubs for transport users.'; [Am. 113]

(ba)	The following paragraph is inserted: '3a. Revenues from infrastructure charges and external-cost charges shall be used on the territory containing the road section on which the charges are applied.'; [Am. 114]

(15)

Articles 9d and 9e are replaced by the following:

'Article 9d

The Commission is empowered to adopt delegated acts in accordance with Article 9e to amend Annex 0, the amounts in Tables 1 and 2 in Annex IIIb, and the formulas in sections 4.1 and 4.2 of Annex IIIa in order to adapt them to scientific and technical progress.

Article 9e

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 7 g(4), Article 7ga(4) and Article 9d shall be conferred on the Commission for an indeterminate a period of time 5 years from … [date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 115]

3. The delegation of power referred to in Article 7 g(4), Article 7ga(4) and Article 9d 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.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 7 g(4), Article 7ga(4) and Article 9d shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.';

(16)	Articles 9f and 9 g are deleted;

(17)

Article 10a is replaced by the following:

'1. The amounts in euro as laid down in Annex II and the amounts in cent as laid down in Tables 1 and 2 in Annex IIIb shall be adapted every two years in order to take account of changes in the EU-wide Harmonised Index of Consumer Prices excluding energy and unprocessed food, as published by the Commission (Eurostat). The first adaptation shall take place by 31 March [the year following the two years after the entry into force of this Directive].

The amounts shall be adapted automatically, by increasing the base amount in euro or cent by the percentage change in that index. The resulting amounts shall be rounded up to the nearest euro with regard to Annex II, rounded up to the nearest tenth of a cent with regard to Annex IIIb.

2. The Commission shall publish in the Official Journal of the European Union the adapted amounts referred to in paragraph 1 by 31 March of the year following the end of two calendar years referred to in paragraph 1. Those adapted amounts shall enter into force on the first day of the month following publication.';

(18)

Article 11 is replaced by the following:

'Article 11

-1. Member States or competent authorities shall provide information in the most transparent and clear way on the use of the generated revenues from road users. [Am. 116]

1. Each year, Member States shall make public in aggregate form a report on tolls and user charges levied on their territory, including information on the use of revenues and the quality of roads where tolls or user charges are applied, as specified in paragraphs 2 and 3.

2. The report made public pursuant to paragraph 1 shall include information on:

(a)	the external-cost charge levied for each combination of class of vehicle, type of road and period of time;

(b)	the variation of infrastructure charges according to the type of vehicles;

(c)	the weighted average infrastructure cost charge and total revenue raised through the infrastructure charge, specifying any possible deviation compared to actual infrastructure costs stemming from the variation of the infrastructure charge;

(d)	the total revenue raised through external-cost charges;

(e)	the total revenue raised through congestion charges;

(ea)	the total revenues raised through mark-ups and on which road sections they have been levied; [Am. 117]

(f)	the total revenues raised through tolls and/or user charges;

(g)	information on the use of revenues generated by applying this Directive, and how this use has allowed the Member State to meet the goals referred to in Article 9 (2) and (3);

(h)	an evaluation, based on objective criteria, of the state of maintenance of the road infrastructure on the territory of the Member State, and its evolution since the last report;

(i)	an evaluation of the level of congestion on the tolled network in peak hours, based on real life traffic observations performed of a representative number of congested road stretches of the concerned network, and its evolution since the last report.

3. For the evaluation of the quality of the parts of the road network on which tolls or user charges are applied, Member States shall use key performance indicators. As a minimum, the indicators shall relate to:

(a)	the quality of road surface;

(b)	road safety;

(c)	the level of congestion.

3a. Member States shall make publicly available the results of reinvesting infrastructure charges and charges for external costs as well as the benefits in terms of increased road safety, a reduced environmental impact and reduced traffic congestion. [Am. 118]

4. Within three years after [the entry into force of the revised Directive], the Commission shall adopt an implementing act in accordance with the advisory procedure referred to in Article 9c(2), to define a harmonised set of indicators.

5. Within six years after [the entry into force of the revised Directive], the Commission shall publish a report based on the application by Member States of the indicators referred to paragraph 4.

5a. Within five years after the entry into force of this Directive, the Commission shall submit a report on changes in the market share of zero-emission vehicles and shall revise accordingly, if necessary, the reduction applied to those vehicles. '; [Am. 119]

(19)

The Annexes are amended as follows:

(a)	Annexes 0, IIIa, IIIb and IV are amended as set out in the Annex to this Directive;

(b)	Annexes V, VI and VII are added as set out in the Annex to this Directive.

Article 2

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by … at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at …,

For the European Parliament

The President

For the Council

The President

(1) OJ C 81, 2.3.2018, p. 188.

(2) OJ C 176, 23.5.2018, p. 66.

(3) Position of the European Parliament of 25 October 2018.

(4) White Paper of 28 March 2011'Roadmap to a Single European Transport Area — Towards a competitive and resource efficient transport system' (COM(2011)0144).

(5) COM(2016)0501.

(6) Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ L 187, 20.7.1999, p. 42).

(7) Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).

(8) Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72).

(9) Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).

(10) Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community (Text with EEA relevance) (OJ L 166, 30.4.2004, p. 124).

(11) 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 (OJ L 152, 11.06.2008, p. 1).

(12) Commission Regulation (EU) 2016/427 of 10 March 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 82, 31.3.2016, p. 1).

(13) Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ L 109, 26.4.2016, p. 1).

(14) …

(15) Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management (OJ L 319, 29.11.2008, p. 59).

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

(17) 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 (OJ L 55, 28.2.2011, p. 13).

ANNEX

(1)

Annexes 0, III, IIIa, IIIb and IV are amended as follows:

(a)

in Annex 0, Section 3 is amended as follows:

(i)

the heading is replaced by the following:

'3.	"EURO III"/"EURO IV"/"EURO V" vehicles';

(ii)	in the table, the line concerning ''EEV' vehicle' is deleted;

(iii)

the following is added:

'Euro VI Emission Limits

	Limit values
	CO (mg/kWh)	THC (mg/kWh)	NMHC (mg/kWh)	CH4 (mg/kWh)	NOX (1) (mg/kWh)	NH3 (ppm)	PM mass (mg/kWh)	PM number (#/kWh)
WHSC (CI)	1 500	130			400	10	10	8,0 x 1011
WHTC (CI)	4 000	160			460	10	10	6,0 x 1011
WHTC (PI)	4 000		160	500	460	10	10	6,0 x 1011
Note: PI = Positive Ignition. CI = Compression Ignition.

(b)

Annex III is amended as follows:

(i)

Section 2 is amended as follows:

—

in point 2.1., the sixth indent is replaced by the following:

'—

Costs shall be apportioned to heavy duty vehicles each vehicle type on an objective and transparent basis taking account of the proportion of heavy duty vehicle traffic for each vehicle type to be carried on the network and the associated costs. The vehicle kilometres travelled by heavy duty vehicles may for this purpose be adjusted by objectively justified "equivalence factors" such as those set out in point 4 (*1). [Am. 120]

—

in point 2.2., the second indent is replaced by the following:

'—	Such costs shall be apportioned between heavy duty vehicles and other traffic light vehicles on the basis of actual and forecast shares of vehicle kilometres and may be adjusted by objectively justified equivalence factors such as those set out in point 4.'; [Am. 121]

(ii)

in Section 4, the heading and the first indent are replaced by the following:

'4.

SHARE OF HEAVY DUTY VEHICLE TRAFFIC, EQUIVALENCE FACTORS AND CORRECTION MECHANISM

—	The calculation of tolls shall be based on actual or forecast shares of heavy duty vehicle kilometres adjusted, if desired, by equivalence factors, to make due allowance for the increased costs of constructing and repairing infrastructure for use by heavy duty vehicles.';

(c)

Annex IIIa is replaced by the following:

'ANNEX IIIa

MINIMUM REQUIREMENTS FOR LEVYING AN EXTERNAL-COST CHARGE

This Annex sets out the minimum requirements for levying an external-cost charge and, where applicable, for calculating the maximum external-cost charge.

1. The parts of the road network concerned

The Member State shall specify precisely the part or parts of their road network which are to be subject to an external-cost charge.

Where a Member State intends to levy an external-cost charge on only a part or parts of the road network composed of its share in the trans-European network and of its motorways, the part or parts shall be chosen after an assessment establishing that:

—	vehicles' use of the roads where the external-cost charge is applied generates environmental damage higher than that generated on average assessed in accordance with air quality reporting, national emissions inventories, traffic volumes and, for noise, in accordance with Directive 2002/49/EC, or

—	the imposition of an external-cost charge on other parts of the road network thus composed might have adverse effects on the environment or road safety, or levying and collecting an external-cost charge on them would entail disproportionate cost. [Am. 122]

2. The vehicles, roads and time period covered

Where a Member State intends to apply higher external-cost charges than the reference values specified in Annex IIIb, it shall notify the Commission of the classification of vehicles according to which the external-cost charge shall vary. It shall also notify the Commission of the location of roads subject to higher external-cost charges (called hereafter "suburban roads (including motorways)"), and of roads subject to lower external-cost charges (called hereafter "interurban roads (including motorways)").

Where applicable, it shall also notify the Commission of the exact time periods corresponding to the night period during which a higher external noise-cost charge may be imposed to reflect greater noise nuisances.

The classification of roads as suburban roads (including motorways) and interurban roads (including motorways), and the definition of time periods shall be based on objective criteria related to the level of exposure of the roads and their vicinities to pollution such as population density, the annual mean air pollution (in particular for PM10 and NO2) and the number of days (for PM10) and hours (NO2) on which limit values established under Directive 2008/50/EC are exceeded. The criteria used shall be included in the notification. [Am. 123]

3. Amount of the charge

This section shall apply where a Member State intends to apply higher external cost charges than the reference values specified in Annex IIIb.

For each vehicle class, type of road and time period, the Member State or, where appropriate, an independent authority shall determine a single specific amount. The resulting charging structure shall be transparent, made public and available to all users on equal terms. The publication should occur in a timely manner before implementation. All parameters, data and other information necessary to understand how the various external-cost elements are calculated shall be made public.

When setting the charges, the Member State or, where appropriate, an independent authority shall be guided by the principle of efficient pricing that is a price close to the social marginal cost of the usage of the vehicle charged.

The charge shall be set after having considered the risk of traffic diversion together with any adverse effects on road safety, the environment and congestion, and any solutions to mitigate these risks.

The Member State or, where appropriate, an independent authority, shall monitor the effectiveness of the charging scheme in reducing environmental damage arising from road transport. It shall every two years adjust, where appropriate, the charging structure and the specific amount of the charge set for a given class of vehicle, type of road and period of time to the changes in transport supply and demand.

4. External-cost elements

4.1. Cost of traffic-based air pollution

Where a Member State intends to apply higher external-cost charges than the reference values specified in Annex IIIb, that Member State or, where appropriate, an independent authority shall calculate the chargeable cost of traffic–based air pollution by applying the following formula:

where:

—	PCVij	=	air pollution cost of vehicle class i on road type j (euro/vehicle.kilometre)
—	EFik	=	emission factor of pollutant k and vehicle class i (gram/vehicle.kilometre)
—	PCjk	=	monetary cost of pollutant k for type of road j (euro/gram)

The emission factors shall be the same as those used by the Member State to establish the national emissions inventories provided for in Directive (EU) 2016/2284 of the European Parliament and of the Council of on the reduction of national emissions of certain atmospheric pollutants (*2) (which requires use of the EMEP/EEA air pollutant Emission Inventory Guidebook) (*3). The monetary cost of pollutants shall be estimated by the Member State or, where appropriate, the independent authority referrred to in Article 7c(4), using scientifically proven methods.

The Member State or, where appropriate, an independent authority may apply scientifically proven alternative methods to calculate the value of air pollution costs using data from air pollutant measurement and the local value of the monetary cost of air pollutants.

4.2. Cost of traffic-based noise pollution

Where a Member State intends to apply higher external-cost charges than the reference values specified in Annex IIIb, the Member State or, where appropriate, an independent authority shall calculate the chargeable cost of traffic–based noise pollution by applying the following formulae:

where:

—	NCVj =	noise cost of one heavy goods vehicle on road type j (euro/vehicle.kilometre)
—	NCjk =	noise cost per person exposed on road type j to noise level k (euro/person)
—	POPk =	population exposed to daily noise level k per kilometre (person/kilometre)
—	WADT =	weighted average daily traffic (passenger car equivalent)
—	a and b	are weighting factors determined by the Member State in such a way that the resulting weighted average noise charge per vehicle kilometre corresponds to NCVj (daily).

The traffic-based noise pollution relates to the impact of noise on health of citizens around the road.

The population exposed to noise level k shall be taken from the strategic noise maps drafted under Article 7 of Directive 2002/49/EC of the European Parliament and the Council (*4).

The cost per person exposed to noise level k shall be estimated by the Member State or, where appropriate, an independent authority, using scientifically proven methods.

The weighted average daily traffic shall assume an equivalence factor 'e' between heavy goods vehicles and passenger cars derived on the basis of the noise emission levels of the average car and of the average heavy goods vehicle and considering the Regulation (EU) No 540/2014 of the European Parliament and of the Council of 16 April 2014 on the sound level of motor vehicles and of replacement silencing systems, and amending Directive 2007/46/EC and repealing Directive 70/157/EEC.

The Member State or, where appropriate, an independent authority, may establish differentiated noise charges to reward the use of quieter vehicles provided it does not result in discrimination against foreign vehicles.

(*2) Directive (EU) 2016/2284 of the European Parliament and of the Council of 14 December 2016 the reduction of national emissions of certain atmospheric pollutants, amending Directive 2003/35/EC and repealing Directive 2001/81/EC (OJ L 344, 17.12.2016, p. 1)."

(*3) Methodology of the European Environmental Agency: http://www.eea.europa.eu//publications/emep-eea-guidebook-2016"

(*4) Directive 2002/49/EC of the European Parliament and the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12).';"

(d)

Annex IIIb is replaced by the following:

'ANNEX IIIb

REFERENCE MINIMUM VALUES OF THE EXTERNAL-COST CHARGE

This Annex sets out reference minimum values of the external-cost charge, including the cost of air pollution and noise. [Am. 126]

Table 1: reference minimum values of the external-cost charge for heavy goods vehicles [Am. 127]

Vehicle class	cent/vehicle-kilometre	Suburban (2)	Interurban (3)
Heavy goods vehicle having a maximum permissible gross laden weight of less than 14 tonnes or having two axles	EURO 0	13,3	8,3
	EURO I	9,1	5,4
	EURO II	8,8	5,4
	EURO III	7,7	4,3
	EURO IV	5,9	3,1
	EURO V	5,7	1,9
	EURO VI	3,2	0,6
	Less polluting than EURO VI	2,5	0,3
Heavy goods vehicle having a maximum permissible gross laden weight between 14 and 28 tonnes or having three axles	EURO 0	23,3	15,1
	EURO I	16,4	10,1
	EURO II	15,7	10,0
	EURO III	13,5	8,2
	EURO IV	9,5	5,7
	EURO V	8,9	3,7
	EURO VI	3,6	0,8
	Less polluting than EURO VI	2,5	0,3
Heavy goods vehicle having a maximum permissible gross laden weight between 28 and 40 tonnes or having four axles	EURO 0	30,4	19,7
	EURO I	22,6	13,9
	EURO II	21,3	13,9
	EURO III	17,8	11,2
	EURO IV	12,2	7,7
	EURO V	9,2	4,0
	EURO VI	3,5	0,8
	Less polluting than EURO VI	2,5	0,3
Heavy goods vehicle having a maximum permissible gross laden weight above 40 tonnes or having 5 or more axles	EURO 0	43,0	28,6
	EURO I	31,5	19,8
	EURO II	29,2	19,4
	EURO III	24,0	15,6
	EURO IV	16,2	10,6
	EURO V	9,8	4,7
	EURO VI	3,6	1,0
	Less polluting than EURO VI	2,5	0,3

Table 2: reference minimum values of the external-cost charge for coaches [Am. 128]

Vehicle class	cent/vehicle-kilometre	Suburban (4)	Interurban (5)
Coach having maximum permissible gross laden weight of 18 tonnes or having two axles	EURO 0	20,3	13,1
	EURO I	16,0	10,4
	EURO II	15,6	9,9
	EURO III	13,9	8,5
	EURO IV	10,0	5,7
	EURO V	9,0	5,0
	EURO VI	2,8	0,8
	Less polluting than EURO VI	1,4	0,2
Coach having maximum permissible gross laden weight above 18 tonnesor having three or more axles	EURO 0	24,9	16,2
	EURO I	19,2	12,3
	EURO II	18,5	12,0
	EURO III	15,7	9,8
	EURO IV	10,6	6,6
	EURO V	10,2	5,2
	EURO VI	2,8	0,8
	Less polluting than EURO VI	1,4	0,2

The values of Tables 1 and 2 may be multiplied by a reference factor of up to2 4 in mountain areas and around agglomerations to the extent that it is justified by lower dispersion, the gradient of roads, altitude or temperature inversions. If there is scientific evidence for a higher mountain or agglomeration factor, this reference value can be increased based on a detailed justification '; [Am. 129]

Table 3: Minimum values of the external-cost charge for passenger cars (€ct/vkm)

Vehicle	Engine	EURO-Class	Suburban	Interurban
Car diesel	<1,4 l	Euro 2	1,9	0,9
		Euro 3	1,6	0,9
		Euro 4	1,3	0,7
		Euro 5	0,9	0,5
		Euro 6	0,6	0,3
	1,4 -2,0 l	Euro 0	3,6	1,0
		Euro 1	1,9	0,9
		Euro 2	1,8	0,8
		Euro 3	1,7	0,9
		Euro 4	1,4	0,7
		Euro 5	0,9	0,5
		Euro 6	0,6	0,3
	>2,0 l	Euro 0	3,9	1,3
		Euro 1	1,9	0,9
		Euro 2	1,8	0,9
		Euro 3	1,7	0,9
		Euro 4	1,4	0,7
		Euro 5	0,9	0,5
		Euro 6	0,6	0,3
Car petrol	<1,4 l	Euro 0	3,7	2,4
		Euro 1	1,0	0,4
		Euro 2	0,7	0,3
		Euro 3	0,5	0,2
		Euro 4	0,5	0,2
		Euro 5	0,5	0,2
		Euro 6	0,5	0,2
	1,4 -2,0 l	Euro 0	3,9	3,0
		Euro 1	1,1	0,4
		Euro 2	0,7	0,3
		Euro 3	0,5	0,2
		Euro 4	0,5	0,2
		Euro 5	0,4	0,2
		Euro 6	0,4	0,2
	>2,0 l	Euro 0	4,0	3,0
		Euro 1	1,0	0,4
		Euro 2	0,5	0,3
		Euro 3	0,5	0,2
		Euro 4	0,5	0,2
		Euro 5	0,4	0,2
		Euro 6	0,4	0,2

[Am. 124]

Table 4: Minimum values of the external-cost charge for light duty vehicles (€ct/vkm)

Vehicle	EURO-Class	Suburban	Interurban
LCV petrol	Euro 1	2,4	0,7
	Euro 2	1,9	0,4
	Euro 3	1,8	0,4
	Euro 4	1,7	0,3
	Euro 5	1,6	0,3
	Euro 6	1,6	0,3
LCV diesel	Euro 1	4,0	1,7
	Euro 2	4,1	1,7
	Euro 3	3,5	1,3
	Euro 4	3,0	1,1
	Euro 5	2,2	0,8
	Euro 6	1,9	0,5

[Am. 125]

(e)

in Annex IV, the table with the heading 'Vehicle combinations (articulated vehicles and road trains)' is replaced by the following:

'VEHICLE COMBINATIONS (ARTICULATED VEHICLES AND ROAD TRAINS)

Driving axles with air suspension or recognised as equivalent		Other driving axle suspension systems		Damage class
Number of axles and maximum permissible gross laden weight (in tonnes)		Number of axles and maximum permissible gross laden weight (in tonnes)
Not less than	Less than	Not less than	Less than
2 + 1 axles
7,5 12 14 16 18 20 22 23 25	12 14 16 18 20 22 23 25 28	7,5 12 14 16 18 20 22 23 25	12 14 16 18 20 22 23 25 28	I
2 + 2 axles
23 25 26 28	25 26 28 29	23 25 26 28	25 26 28 29
29	31	29	31	II
31	33	31	33
33 36	36 38	33	36	III
2 + 3 axles				II
36 38	38 40	36	38
		38	40	III
3 + 2 axles				II
36 38	38 40	36	38
		38 40	40 44	III
40	44
3 + 3 axles
36 38	38 40	36	38	I
		38	40	II
40	44	40	44
7 axles
40	50	40	50	II
50	60	50	60	III
60		60		III
8 or 9 axles
40	50	40	50	I
50	60	50	60	II
60		60		III';

(ea)	in Annex IV, the following paragraph is added: 'For all motor vehicles that are alternatively fuelled, the maximum authorised weight is increased by the additional weight required for the alternative fuel technology used, the maximum increase being one tonne.'; [Am. 130]

(2)

the following Annexes V, VI and VII are added:

'ANNEX V

MINIMUM REQUIREMENTS FOR LEVYING A CONGESTION CHARGE

This Annex sets out the minimum requirements for levying a congestion charge.

The parts of the network subject to congestion charging, vehicles and time periods covered

Member States shall specify precisely:

(a)	the part or parts of their network composed of their share in the trans-European road network and their motorways referred to in Article 7(1), which are to be subject to a congestion charge, in accordance with Article 7da(1) and (3).

(b)

the classification of sections of the network which are subject to the congestion charge as "metropolitan" and "non-metropolitan". Member States shall use the criteria set out in Table 1 for the purposes of determining the classification of each road segment.

Table 1: Criteria for classifying roads on the network referred to in points (a) as "metropolitan" and "non-metropolitan"

Road category	Classification criterion
"metropolitan"	Sections of the network running inside agglomerations with a population of 250,000 inhabitants or more
"non-metropolitan"	Sections of the network which are not qualified as "metropolitan"

(c)	the periods during which the charge applies, for each individual segment. Where different charge levels apply throughout the charging period, Member States shall clearly specify the beginning and the end of each period during which a specific charge is applied.

Member States shall use the equivalence factors provided in Table 2 for the purpose of establishing the proportion between charge levels for different vehicle categories:

Table 2: Equivalence factors for establishing the proportion between congestion charge levels for different vehicle categories

Vehicle category	Equivalence factor
Light duty vehicles	1
Rigid heavy goods vehicles	1,9
Buses and coaches	2,5 1,5
Articulated heavy goods vehicles	2,9

[Am. 131]

Amount of the charge

For each vehicle category, road segment and time period, the Member State or, where appropriate, an independent authority shall determine a single specific amount, set in accordance with the provisions of Section 1 of this Annex, taking into account the corresponding maximum value set out in the table in Annex VI. The resulting charging structure shall be transparent, made public and available to all users on equal terms.

The Member State shall publish all of the following in a timely manner before implementing a congestion charge:

(a)	all parameters, data and other information necessary to understand how the classification of roads and vehicles and determination of periods of application of the charge are established;

(b)	the complete description of congestion charges applying to each vehicle category on each road segment and for each time period.

Member States shall make available to the Commission all information to be published pursuant to points (a) and (b).

The charge shall be set only after having considered the risk of traffic diversion together with any adverse effects on road safety, the environment and congestion, and any solutions to mitigate these risks.

The Member State or, where appropriate, an independent authority, shall monitor the effectiveness of the charging scheme in reducing congestion. It shall adjust every year, where appropriate, the charging structure, charging period(s) and the specific amount of the charge set for each given category of vehicle, type of road and period to the changes in transport supply and demand.

ANNEX VI

MAXIMUM LEVEL OF CONGESTION CHARGE

This Annex sets out the maximum level of congestion charge.

The maximum levels provided for in the table below shall be applied to light duty vehicles. Charges for other vehicle categories shall be established by multiplying the charge applied to light duty vehicles by the equivalence factors provided in the table in Annex V.

Table: Maximum level of congestion charge for light duty vehicles

cent/vehicle-kilometre	Metropolitan	Non-metropolitan
Motorways	67	34
Main roads	198	66

ANNEX VII

VARIATION OF TOLLS AND USER CHARGES FOR LIGHT DUTY VEHICLES

This Annex specifies the emission categories according to which tolls and user charges shall be differentiated.

Pollutant emissions shall be measured in accordance with Commission Regulation (EU) …/… (*5).

The lower rates shall apply for any passenger car and light commercial vehicle with specific CO2 emissions, as measured in accordance with Regulation (EC) No 715/2007 of the European Parliament and of the Council (*6), that are below the levels corresponding to the applicable EU fleet wide targets set out in Regulation (EC) No 443/2009 of the European Parliament and of the Council (*7) and Regulation (EU) No 510/2011 of the European Parliament and of the Council (*8).

Table: emission categories of light duty vehicles

Conformity factor	1,5 -2,1	1-1,5	below 1	Zero-emission vehicles
Charge per km	10 % below highest rate	20 % below highest rate	30 % below highest rate	75 % below highest rate

(*5) Commission Regulation (EU) …/… of XXX amending Commission Regulation (EU) 2017/xxx and Directive 2007/46/EC of the European Parliament and of the Council as regards real-driving emissions from light passenger and commercial vehicles (Euro 6) [RDE 3] (OJ L …, … 2017, p. …)."

(*6) 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)."

(*7) Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 140, 5.6.2009, p. 1)."

(*8) Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 145, 31.5.2011, p. 1)'."

(*1) The application of equivalence factors by Member States may take account of road construction developed on a phased basis or using a long life cycle approach.';

(*3) Methodology of the European Environmental Agency: http://www.eea.europa.eu//publications/emep-eea-guidebook-2016

(*4) Directive 2002/49/EC of the European Parliament and the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12).';

(1) The admissible level of NO2 component in the NOx limit value may be defined at a later stage.';

(2) "Suburban" means areas with a population density between 150 and 900 inhabitants/km2 (median population density of 300 inhabitants/km2).

(3) "Interurban" means areas with a population density below150 inhabitants/km2.

(4) "Suburban" means areas with a population density between 150 and 900 inhabitants/km2 (median population density of 300 inhabitants/km2).

(5) "Interurban" means areas with a population density below150 inhabitants/km2.

16.10.2020

Official Journal of the European Union

C 345/374

P8_TA(2018)0424

Promotion of clean and energy-efficient road transport vehicles ***I

Amendments adopted by the European Parliament on 25 October 2018 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/33/EC on the promotion of clean and energy-efficient road transport vehicles (COM(2017)0653 — C8-0393/2017 — 2017/0291(COD)) (1)

(Ordinary legislative procedure: first reading)

(2020/C 345/50)

Amendment 1

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(2)

In its European Strategy for Low-Emission Mobility (21) the Commission announced that in order to meet the Union's commitments at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris in 2015, the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero-emission by mid-century. Moreover, emissions of air pollutants from transport that are harmful to health need to be significantly reduced without delay. This can be achieved by an array of policy initiatives, including the use of public procurement of clean vehicles.

(2)

In its European Strategy for Low-Emission Mobility (21) the Commission announced that in order to meet the Union's commitments at the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCC) held in Paris in 2015, the decarbonisation of the transport sector must be accelerated and that therefore greenhouse gas emissions and air pollutant emissions from transport should be firmly on the path towards zero-emission by mid-century. Moreover, emissions of air pollutants from transport that are harmful to health and the environment need to be significantly reduced without delay. This can be achieved by an array of policy initiatives, including measures that support a modal shift towards public transport, and the use of public procurement of clean vehicles.

Amendment 2

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4)

As was announced in the Commission's Communication 'Europe on the Move: an agenda for a socially fair transition towards clean, competitive and connected mobility for all' (23) this proposal forms part of a second package of proposals, which will contribute to the Union's drive towards low-emission mobility. This package, which is presented in the Commission's Communication 'Delivering on low-emission mobility — A European Union that protects the planet, empowers its consumers, and defends its industry and workers' includes a combination of supply- and demand-oriented measures to put the EU on a path towards low-emission mobility and at the same time strengthen the competitiveness of the EU's mobility eco-system.

(4)

Amendment 3

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(5)

Innovation of new technologies helps to lower vehicle emissions, supporting the decarbonisation of the transport sector. An increased uptake of low- and zero-emission road vehicles is likely to reduce emissions of CO2 and certain pollutant emissions (particulate matter, nitrogen oxides and non-methane hydrocarbons) and to promote competitiveness and growth of the European industry in the increasing global markets for low- and zero-emission vehicles.

(5)

Innovation of new technologies helps to lower vehicle emissions, and reducing noise pollution while supporting the decarbonisation of the transport sector. An increased uptake of low- and zero-emission road vehicles will reduce emissions of CO2 and certain pollutant emissions (particulate matter, nitrogen oxides and non-methane hydrocarbons) and thus improve the air quality in cities and other polluted areas, while contributing to competitiveness and growth of the European industry in the increasing global markets for low- and zero-emission vehicles and ensuring the development of alternative fuel infrastructures . Moreover, the principle of technological neutrality has to be the very basic principle of any effort in order to ensure and stimulate a competitive environment and encourage further research and innovation in this field. In order to reduce air and noise pollution and meet the Union Air Quality standards in urban and rural areas, concrete and ambitious policies and measures, including the use of public procurement of clean emission vehicles, are needed.

Amendment 4

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a)

Estimates for when price parity between internal combustion engine vehicles (ICEVs) and battery electric vehicles (BEVs) will occur range between 2020 and 2028. Moreover, several original equipment manufacturers (OEMs) have stated examples of price parity for some new models in 2020. Based on the lower operational costs of BEVs, the point of total cost of ownership (TCO) parity will come before the purchase price parity year, typically by 2 to 6 years.

Amendment 5

Proposal for a directive

Recital 5 b (new)

Text proposed by the Commission

Amendment

(5b)

Market forecasts estimate that clean vehicles, such as fully electric cars, will drop in price substantially and become highly competitive and even cheaper to run than conventional vehicles in the 2020s, in particular when taking into account the total cost of ownership, due to reduced cost of batteries but also other cost reductions that will transpire as a result of lower fuel costs and lower maintenance costs associated with running an electric vehicle.

Amendment 6

Proposal for a directive

Recital 5 c (new)

Text proposed by the Commission

Amendment

(5c)

While the Union is one of the leading regions for research and high value eco-innovation, the Asia-Pacific Region is hosting the largest producers of buses and batteries. Similarly, global market developments in battery electric vehicles are driven by markets in China and the United States, which together account for approximately 60 % of the global market, in comparison with 28 % held by the Union. An ambitious Union policy framework is thus needed to stimulate innovation and further promote competitiveness and growth of the European industry in the increasing global markets for clean vehicles and associated technology infrastructure.

Amendment 7

Proposal for a directive

Recital 5 d (new)

Text proposed by the Commission

Amendment

(5d)	The Union needs to increase incentives that support the technological development of sustainable and recyclable batteries, which should be produced having in mind the need to minimise their environmental footprint.

Amendment 8

Proposal for a directive

Recital 5 e (new)

Text proposed by the Commission

Amendment

(5e)

In order to be consistent with the objectives of sustainability, batteries should be produced with the minimum environmental impacts inside and outside the Union, especially regarding the process of extraction of material used for the building of the batteries. The greenhouse gas emissions during all the production process should be taken into account. The Commission should come forward, in line with the revision of Directive 2006/66/EC, with ambitious objectives of recyclability of batteries.

Amendment 9

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(6)

Public authorities, through their procurement policy, can establish and support markets for innovative goods and services. Directives 2014/24/EU (24) and 2014/25/EU (25) set out minimum harmonised public procurement rules harmonising the way public authorities and certain public utility operators purchase goods, works and services. In particular, they set overall thresholds for the volume of contracts to be subject to Union legislation, which also apply to the Clean Vehicles Directive.

(6)

Taking into account that government expenditure on goods, works and services represents around 14 % of GDP, accounting for roughly €1,8 trillion annually , public authorities, through their procurement policy, can establish and support markets for innovative goods and services. Directives 2014/24/EU (24) and 2014/25/EU (25) set out minimum harmonised public procurement rules harmonising the way public authorities and certain public utility operators purchase goods, works and services in compliance with the environmental requirements of purchased goods (including vehicles) . In particular, they set overall thresholds for the volume of contracts to be subject to Union legislation, which also apply to the Clean Vehicles Directive. In order to achieve this goal, the Directive should set out clear and transparent requirements and a simple calculation method for procurement objectives.

Amendment 10

Proposal for a directive

Recital 6 a (new)

Text proposed by the Commission

Amendment

(6a)

The availability of charging and refuelling infrastructure is a prerequisite for any transport operation with alternative fuelled vehicles, including for public transport. Therefore, the aspects of fostering alternative fuels infrastructure for public transport should be strengthened in Directive 2014/94/EU. In the absence of a revision, the Commission should establish an action plan for public transport infrastructure.

Amendment 11

Proposal for a directive

Recital 6 b (new)

Text proposed by the Commission

Amendment

(6b)	Member States should be allowed to mandate distributions system operators (DSOs) to own, develop, manage and operate a minimal critical mass of charging stations in the public domain with free access to all electricity suppliers, to ensure sufficient availability of charging points.

Amendment 12

Proposal for a directive

Recital 6 c (new)

Text proposed by the Commission

Amendment

(6c)	Member States should be encouraged to explore possibilities to support the operation and reduce the costs of operating ultra-low emission vehicles in public services, for example by granting exemptions or reductions from energy taxes for ultra-low emission vehicles.

Amendment 13

Proposal for a directive

Recital 8

Text proposed by the Commission

Amendment

(8)

The Impact Assessment carried out underlines the benefits of changing the overall governance approach to clean vehicle procurement at Union level. Setting minimum procurement targets can effectively reach the objective of impacting market uptake of clean vehicles in comparison to relying on the internalisation of external cost into overall procurement decisions, while noting the relevance to consider environmental aspects in all procurement decisions. The medium and long-term benefits for European citizens and enterprises fully justify this approach insofar as it does not prescribe a specific technology to use for contracting authorities, entities and operators.

(8)

The Impact Assessment carried out underlines the benefits of changing the overall governance approach to clean and energy-efficient vehicle procurement at Union level. Setting minimum procurement targets can effectively reach the objective of impacting market uptake of clean vehicles in comparison to relying on the internalisation of external cost into overall procurement decisions, while noting the relevance to consider environmental aspects in all procurement decisions. The medium and long-term benefits for European citizens and enterprises fully justify this approach insofar as it does not prescribe a specific technology to use for contracting authorities, entities and operators.

Amendment 14

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(9)

Extending the scope of the Directive by including practices such as lease, rental and hire-purchase of vehicles, as well as contracts for public road transport services, special purpose road transport passenger services, non-scheduled passenger transport and hire of buses and coaches with drivers as well as specific postal and courier services and waste refusal services ensures that all relevant procurement practices are covered.

(9)

Extending the scope of the Directive by including practices such as lease, rental and hire-purchase and retrofitting of vehicles, as well as contracts for public road transport services, special purpose road transport passenger services, non-scheduled passenger transport and hire of buses and coaches with drivers as well as specific postal and courier services and waste refusal services ensures that all relevant procurement practices are covered , while existing contracts should not be retroactively affected by this Directive . Moreover, the Commission should examine the feasibility of clean procurement in other modes of transport.

Amendment 15

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10)

There is widespread support from key stakeholders for a definition of clean vehicles taking account of reduction requirements for greenhouse gases and air pollutant emissions from light- and heavy-duty vehicles. To ensure that there are adequate incentives to supporting market-uptake of low- and zero-emission vehicles in the Union, provisions for their public procurement under this amendment should be aligned with provisions of Union legislation on CO2 emission performance of cars and vans for the post-2020 period (26). Action carried out under the amended Directive will contribute to compliance with the requirements of these standards. A more ambitious approach for public procurement can provide an important additional market stimulus.

(10)

The amended Directive should contribute to the reduction of greenhouse gases and air pollutant emissions from light- and heavy-duty vehicles. To ensure that there are adequate incentives to supporting market-uptake of zero- and low-emission vehicles in the Union, provisions for their public procurement under this amendment should be aligned with provisions of Union legislation on CO2 emission performance of cars and vans for the post-2020 period (26). Action carried out in accordance with this Directive will also contribute to compliance with the requirements of these standards and will facilitate the deployment of the associated recharging infrastructure . A more ambitious approach for public procurement will provide an important additional market stimulus.

Amendment 16

Proposal for a directive

Recital 10 a (new)

Text proposed by the Commission

Amendment

(10a)

In order to achieve an improvement of air quality in municipalities, it is crucial to renew the transport fleet to clean vehicle standard. Furthermore, the principles of the circular economy require the extension of product life. Therefore, the vehicles retrofitted to clean vehicle standard should also be counted towards achievement of the minimum procurement targets set out in Tables 4 and 5 in the Annex.

Amendment 17

Proposal for a directive

Recital 10 b (new)

Text proposed by the Commission

Amendment

(10b)

Vehicles with zero emissions at the tail-pipe can also leave a significant environmental footprint due to the process of manufacture of the components and the level of recyclability or efficiency of production of fuel. Therefore, technologies that address this challenge, such as sustainable and recyclable batteries, should receive a higher level of support in terms of achieving the minimum procurement targets set out in Tables 4 and 5 in the Annex. Research and development of those technologies should also be promoted in other policies of the Union.

Amendment 18

Proposal for a directive

Recital 10 c (new)

Text proposed by the Commission

Amendment

(10c)

The accounting of CO2 emissions should be based on a well-to-wheel approach in order to do justice to the entire fuel supply chain from the extraction phase to the tailpipe. This will provide a more accurate account of the overall emissions of a particular vehicle. Therefore, the Commission should establish the methodology for recording well-to-wheel emissions no later than 31 December 2022.

Amendment 19

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11)

Light-duty and heavy-duty vehicles are used for different purposes and have different levels of market maturity, and it would be beneficial that public procurement provisions acknowledge these differences. The Impact Assessment illustrated the added value of adopting an approach based on alternative fuels until technology-neutral requirements for CO2 emissions from heavy-duty vehicles have been set at Union level, which the Commission intends to propose in the future. The Impact Assessment further recognised that markets for low- and zero-emission urban buses are characterised by increased market maturity , whereas markets for low- and zero-emission trucks are at an earlier stage of market development.

(11)

Two- and three-wheel, light-duty and heavy-duty vehicles are used for different purposes and have different levels of market maturity, and it would be beneficial that public procurement provisions acknowledge these differences. It should be further recognised that markets for low- and zero-emission urban buses are characterised by recent progression , whereas markets for low- and zero-emission trucks are at an incipient stage of market development.

Amendment 20

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission

Amendment

(11a)

The potential of reducing emissions via public procurement alone is limited and public transport only contributes a small share of the emissions originating from the transport sector. Member States should therefore be encouraged to regulate the purchase of clean vehicles by other fleet owners, such as taxi, car rental and ride-pooling companies.

Amendment 21

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12)

Setting minimum targets for clean vehicle procurement by 2025 and by 2030 at Member State level should contribute to policy certainty for markets where investments in low- and zero-emission mobility are warranted. The minimum targets support market creation throughout the Union. They provide time for the adjustment of public procurement processes and give a clear market signal. The Impact Assessment notes that Member States increasingly set targets, depending on their economic capacity and how serious the problem is. Different targets should be set for different Member States in accordance with their economic capacity (Gross Domestic Product per capita) and exposure to pollution (urban population density). Minimum procurement targets should be complemented by the obligation of the contracting authorities, entities and operators to consider relevant energy and environmental aspects in all their procurement procedures. The Territorial Impact Assessment of this amended Directive illustrated that the impact will be evenly distributed among regions in the Union.

(12)

Setting minimum targets for clean vehicle procurement to be met by 2025 and by 2030 at Member State level should contribute to policy certainty for markets where investments in low- and zero-emission mobility are warranted. The minimum targets support market creation throughout the Union. They provide time for the adjustment of public procurement processes and give a clear market signal. The Impact Assessment notes that Member States increasingly set targets, depending on their economic capacity and how serious the problem is. Different targets should be set for different Member States in accordance with their economic capacity (Gross Domestic Product per capita) and exposure to pollution (urban population density). Minimum procurement targets should be complemented by the obligation of the contracting authorities, entities and operators to consider relevant energy and environmental aspects in all their procurement procedures. The Territorial Impact Assessment of this amended Directive illustrated that the impact will be evenly distributed among regions in the Union.

Amendment 22

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission

Amendment

(12a)

In its recommendation of 4 April 2017 to the Council and the Commission following the inquiry into emission measurements in the automotive sector (10a) , the European Parliament called for on Member States to foster green public procurement policies through the purchasing of zero-emission vehicles (ZEVs) and ultra-low emission vehicles (ULEVs) by public authorities for their own fleets or for (semi-)public car-sharing programmes and for the phasing out new CO2-emitting cars by 2035.

Amendment 23

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13)

The maximum impact can be achieved if public procurement of clean vehicles is targeted in areas that have a relatively high degree of air pollution. Public authorities in Member States are encouraged to particularly focus on those areas when concluding the implementation of their domestic minimum targets and to reflect related action in their reporting under this amended Directive.

(13)

The maximum impact can be achieved if public procurement of clean vehicles is targeted in areas that have a relatively high degree of air and noise pollution. Public authorities in Member States are encouraged to particularly focus on those areas when concluding the implementation of their domestic minimum targets and to reflect related action in their reporting under this amended Directive. In order to avoid disproportionate burden and optimise the potential results of this Directive, appropriate technical assistance should be provided to the public authorities.

Amendment 24

Proposal for a directive

Recital 13 a (new)

Text proposed by the Commission

Amendment

(13a)

The amended Directive should contribute to a reduction of greenhouse gas and air pollutant emissions, and to the promotion of clean public road transport. It should avoid discouraging the development of non-road clean transport such as trams and metro trains.

Amendment 25

Proposal for a directive

Recital 13 b (new)

Text proposed by the Commission

Amendment

(13b)

The thresholds laid down in this Directive are hard to implement without the development of marketable and technically mature products. To ensure that information regarding progress is regularly updated, the Commission should submit a report every two years assessing whether marketable solutions for clean vehicles exist. In addition, the Commission and the Member States should make greater financial and non-financial contributions to bringing such clean vehicles to market more rapidly.

Amendment 26

Proposal for a directive

Recital 13 c (new)

Text proposed by the Commission

Amendment

(13c)

Having in mind the significant difference in financial leeway of private transport operators for the uptake of potentially more expensive alternatively fuelled vehicles, mechanisms should be made available in order to ensure a level playing field between public and private transport operators in bidding and tendering processes and that the costs of compliance with the minimum procurement targets established in this Directive are not passed on to local authorities, in particular for smaller municipalities, or lead to externalisation of occurring higher costs through higher ticket prices, higher local taxes or reduction of public transport services.

Amendment 27

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15)

Reporting on public procurement under this amended Directive should provide a clear market overview to enable effective monitoring of the implementation. It should start with an intermediate report in 2023 and continue with a first full report on the implementation of the minimum targets in 2026 and thereafter every three years. To minimise administrative burden on single public bodies and establish an effective market overview, simple reporting should be facilitated. The Commission will ensure full reporting for low- and zero-emission and other alternative-fuel vehicles within the context of the Common Procurement Vocabulary of the Union. Specific codes in the Common Procurement Vocabulary will help the registration and monitoring under the Tender Electronic Daily Database.

(15)

Reporting on public procurement under this amended Directive should provide a clear market overview to enable effective monitoring of implementation. It should start with a preliminary report by Member States to the Commission in 2023, submitted within the framework of reports under Union legislative acts on public procurement and on procurement by entities operating in the water, energy, transport and postal services sectors, and continue with a first full report on the implementation of the minimum targets in 2026 and thereafter every three years. To minimise administrative burden on single public bodies and establish an effective market overview, simple reporting should be facilitated. Those reports should contain information on the steps undertaken to implement Directive 2009/33/EC and comply with the categories contained in the Common Procurement Vocabulary of the Union . The Commission should submit regular reports to the European Parliament and the Council on the implementation of Directive 2009/33/EC. The Commission should also assess whether construction site machinery could be included in the scope of Directive 2009/33/EC, and if so, work on a methodology to define 'clean construction site machinery'.

Amendment 28

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission

Amendment

(15a)

In order to better inform future policy making in the sector by providing a more accurate account of the overall emissions of a particular vehicle, capturing the entire value chain, the Commission should propose a methodology of counting life-cycle CO2 emissions and of well-to-wheel CO2 emissions of vehicles. Those emissions should be taken into account when the Commission carries out a review of Directive 2009/33/EC and of any other relevant legislation related to alternative fuel.

Amendment 29

Proposal for a directive

Recital 16

Text proposed by the Commission

Amendment

(16)

Further support to market uptake of clean vehicles can be achieved by providing targeted public support measures at national and Union level. This includes better exchange of knowledge and alignment of procurement to enable actions at a scale great enough for cost reductions and market impact. The possibility of public support in favour of promoting development of infrastructures necessary for the distribution of alternative fuels is recognised in the Guidelines on State aid for environmental protection and energy 2014-2020 (27). However, the rules of the Treaty, and in particular Articles 107 and 108 thereof, will continue to apply to such public support.

(16)

Further support to market uptake of clean vehicles can be achieved by providing targeted public support measures at national and Union level. This includes better exchange of knowledge and alignment of procurement to enable actions at a scale great enough for cost reductions and market impact. Regional pilot projects should also be encouraged, particularly in places where rural and urban areas interconnect. The possibility of public support in favour of promoting development of infrastructures necessary for the distribution of alternative fuels is recognised in the Guidelines on State aid for environmental protection and energy 2014-2020 (27). However, the rules of the Treaty, and in particular Articles 107 and 108 thereof, will continue to apply to such public support.

Amendment 30

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission

Amendment

(16a)

In order to achieve further reductions of emissions and air pollutants Member States should be encouraged, where appropriate, to applied different incentives and mechanisms for fleet development in other sectors than those regulated in the amended directive.

Amendment 31

Proposal for a directive

Recital 16 b (new)

Text proposed by the Commission

Amendment

(16b)

Member States should ensure that the cost of compliance with the minimum procurement targets established in this Directive are not passed on to local authorities and that sufficient financial resources are made available to contracting authorities and contracting entities.

Amendment 32

Proposal for a directive

Recital 16 c (new)

Text proposed by the Commission

Amendment

(16c)

Targeted support measures for the procurement of clean vehicles are indispensable. In order to help achieve the objectives of this Directive, Member States shall expand their financial and non-financial incentives in order to speed up the market uptake of clean vehicles.

Amendment 33

Proposal for a directive

Recital 16 d (new)

Text proposed by the Commission

Amendment

(16d)

The imposition of minimum procurement targets for light- and heavy-duty vehicles by this Directive will require additional financial resources for contracting authorities and contracting entities. Therefore, Union budgetary and financial policy after 2020 should take it into consideration to provide sufficient financial support for contracting authorities and contracting entities. That should be reflected in the future Multiannual Financial Framework and in the rules regarding sustainable finance and Union financial institutions.

Amendment 34

Proposal for a directive

Recital 16 e (new)

Text proposed by the Commission

Amendment

(16e)

To ensure that public authorities are incentivised to purchase clean vehicles and Member States invest in the deployment of the alternative fuels infrastructure, but also to avoid the risk of such purchases leading to higher prices for passengers, the Union's budgetary and financial policy after 2020 should provide support for contracting entities. That should be reflected in the future Multiannual Financial Framework and the rules regarding sustainable finance and Union financial institutions. Additionally, Member States should expand the financial and non-financial incentives, and envisage environmental audits, in order to speed up the market uptake of clean vehicles. These efforts will reduce the initial high investment for the infrastructural changes and support the decarbonisation of transport.

Amendment 35

Proposal for a directive

Recital 16 f (new)

Text proposed by the Commission

Amendment

(16f)

Under the current Multiannual Financial Framework (MFF), the Union possesses an array of different funds to support Member States, local authorities and concerned operators in their transition to sustainable mobility. Over the 2014-2020 period the Union has earmarked EUR 13,7 billion from the European Structural and Investment Funds for financing urban mobility. Horizon 2020, the Union's research programme, will provide around EUR 200 million for urban mobility and EUR 650 million for smart cities, and the Connecting Europe Facility will devote around EUR 200 million for calls for proposals for urban nodes. Under the next MFF, the Commission and the Member States should continue to support sustainable urban mobility projects and strengthen necessary synergies between the various funding sources and programmes. In particular, links between urban mobility, the new Digital Agenda and the Energy Union need to be reinforced, such as the possibility for the Connecting Europe Facility (CEF) to finance synergy projects with an extra co-financing rate for transport projects with energy and telecommunications elements entailing enormous potential for urban projects.

Amendment 36

Proposal for a directive

Recital 16 g (new)

Text proposed by the Commission

Amendment

(16 g)

A more targeted use of Union financial instruments, such as the European Fund for Strategic Investments or the Cleaner Transport Facility by the European Investment Bank, which can help finance fleets and equipment, should be promoted. To this end, the availability of technical and financial advisory services to local authorities and operators, such as through the European Investment Advisory Hub, JASPERS, JESSICA, or Financial Instrument (FI) — Compass, should be enhanced in order to strengthen their institutional capacity, the preparation and implementation of projects and achieve an optimised use of Union funds and financial instruments including the de-risking of innovative tenders.

Amendment 37

Proposal for a directive

Recital 16 h (new)

Text proposed by the Commission

Amendment

(16h)

Public authorities should be also encouraged to procure vehicles following the most economically advantageous tender ('MEAT') criteria as described in Article 82 of Directive 2014/25/EU, taking into account cost-effectiveness over the lifetime of the vehicle, as well as environmental, and social aspects.

Amendment 38

Proposal for a directive

Recital 16 i (new)

Text proposed by the Commission

Amendment

(16i)

In order to maximise the impact of investments, mobility and urban planning need to be better coordinated, such as through the use of sustainable urban mobility plans (SUMPs). SUMPs are plans that are developed across individual policy areas and in cooperation with different levels of governance combining different transport modes, road safety, freight delivery, mobility management and intelligent transport systems. SUMPs can play an important role in achieving the Union's targets regarding CO2 emissions, noise and air pollution reduction. Thus, the application of SUMPs should be an important element to be considered in financing Union projects in the area of urban transport, including in the implementation of this amended Directive. In this context, the Commission should provide the competent authorities with the necessary advisory and technical support in the development of SUMPs, taking full account of the principle of subsidiarity.

Amendment 39

Proposal for a directive

Recital 16 j (new)

Text proposed by the Commission

Amendment

(16j)

In addition to supporting the uptake of clean vehicles, public procurements are drivers of new forms of mobility. While clean vehicles will be incentivised and lead to accelerated infrastructure deployment in urban areas, digitalisation will optimise passenger and freight transport efficiency. Multimodal and shared mobility, as well as integrated ticketing solutions are instrumental in the transition to Mobility as a Service.

Amendment 40

Proposal for a directive

Recital 17

Text proposed by the Commission

Amendment

(17)

In order to achieve the objectives of this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in order to update provisions in respect of CO2 emission standards of heavy duty vehicles for a period of five years starting from [Please insert the date of entry into force]. This period should be tacitly extended for periods of the same duration, unless the European Parliament or the Council oppose such an extension. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

deleted

Amendment 41

Proposal for a directive

Recital 18 a (new)

Text proposed by the Commission

Amendment

(18 a)

In accordance with the Interinstitutional Agreement of 13 April 2016 on Better Law Making (1a) , special focus should be given to the follow-up of the effects of Union legislation. The evaluation of Directive 2009/33/EC should provide the basis for impact assessment of options for further action. Therefore, the Commission, based on the best and latest available scientific evidence, should assess the need to review that Directive taking into account life cycle CO2 emissions and well-to-wheel CO2 emissions of vehicles in order to ensure the transparency and accountability regarding the fulfilment of policy objectives and should propose necessary improvement, if needed. If appropriate, the Commission should, in that regard, also review other relevant legislation related to alternative fuels.

Amendment 42

Proposal for a directive

Recital 18 b (new)

Text proposed by the Commission

Amendment

(18b)

A major share of public transport procurement is related to local public transport bodies that are generally in the hands of local authorities with limited financial means. Rules on the procurement of clean vehicles should therefore neither create a significant additional financial burden nor lead to externalisation of occurring higher costs through higher ticket prices, higher local taxes or reduction of public transport.

Amendment 43

Proposal for a directive

Recital 18 c (new)

Text proposed by the Commission

Amendment

(18c)

The Union needs to protect Union manufacturers from unfair competition in third countries, where Union manufacturers do not have access to public procurement tenders for the purchase, leasing, rental or hire-purchase of road transport vehicles. Therefore, the Commission should analyse unfair competition practices in third countries and take the appropriate measures to ensure the protection of European industry.

Amendment 44

Proposal for a directive

Article 1 — paragraph 1 — point 1

Directive 2009/33/EC

Title

Text proposed by the Commission	Amendment
Directive 2009/33/ EC on the promotion of clean road transport vehicles in support of low-emission mobility	Directive 2009/33/ EC on the promotion of clean road transport vehicles in public procurement, in support of low-emission mobility

Amendment 45

Proposal for a directive

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

Directive 2009/33/EC

Article 1 — paragraph 1

Present text

Amendment

(1a)	Article 1(1) is replaced by the following:

This Directive requires contracting authorities, contracting entities as well as certain operators to take into account lifetime energy and environmental impacts, including energy consumption and emissions of CO2 and of certain pollutants, when purchasing road transport vehicles with the objectives of promoting and stimulating the market for clean and energy-efficient vehicles and improving the contribution of the transport sector to the environment, climate and energy policies of the Community .

'This Directive requires contracting authorities, contracting entities as well as certain operators to take into account lifetime energy and environmental impacts, including energy consumption and emissions of CO2 and of certain pollutants, when purchasing , leasing, renting or hire-purchasing road transport vehicles with the objectives of promoting and stimulating the market for clean and energy-efficient vehicles and improving the contribution of the transport sector to the environment, climate and energy policies of the Union .'.

Amendment 46

Proposal for a directive

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

Directive 2009/33/EC

Article 2 — paragraph 1

Present text

Amendment

(1b)	in Article 2, paragraph 1 is replaced by the following:

Member States may exempt from the requirements laid down in this Directive contracts for the purchase of vehicles referred to in Article 2(3) of Directive 2007/46/EC, which are not subject to type approval or individual approval on their territory

'Member States may exempt from the requirements laid down in this Directive contracts for the purchase , lease, rent, hire-purchasing of vehicles referred to in Article 2(3) of Directive 2007/46/EC, which are not subject to type approval or individual approval on their territory.'.

Amendment 47

Proposal for a directive

Article 1 — paragraph 1 — point 2

Directive 2009/33/EC

Article 3 — paragraph 1 — introductory part

Text proposed by the Commission	Amendment
This Directive shall apply to contracts for the purchase, lease, rent or hire-purchase of road transport vehicles by:	This Directive shall apply to contracts for the purchase, lease, rent or hire-purchase or retrofitting of road transport vehicles by:

Amendment 48

Proposal for a directive

Article 1 — paragraph 1 — point 2

Directive 2009/33/EC

Article 3 — paragraph 1 — point c a (new)

Text proposed by the Commission

Amendment

(ca)	European Union Institutions, Agencies and Bodies.

Amendment 49

Proposal for a directive

Article 1 — paragraph 1 — point 3

Directive 2009/33/EC

Article 4 — paragraph 1 — point 4

Text proposed by the Commission

Amendment

4.	'clean vehicle' means

'clean vehicle' means a vehicle, irrespective of category , that is powered by alternative fuels as defined in point (1) of the first paragraph of Article 2 of Directive 2014/94/EU, excluding biofuels that are not produced from feedstocks listed in part A of Annex IX of Directive 2018/… (RED II) or that are produced from palm oil (*) , and including hybrid vehicles in which electricity is used only for part of the operational use of the vehicle, low-emission vehicles and zero-emission vehicles. For vehicles with internal combustion engine, real driving emissions (RDE) (**) as percentage of emission limits (***) cannot exceed 80 %.

(a)	a vehicle of category M1 or M2 with a maximum tail-pipe emission expressed in CO2 g/km and real driving pollutant emissions below a percentage of the applicable emission limits as referred to in Table 2 in the Annex, or;

(b)	a vehicle of category N1 with a maximum tail-pipe emission expressed in CO2g/km and real driving pollutant emissions below a percentage of the applicable emission limits as referred to in Table 2 in the Annex, or;

(c)	a vehicle of category M3, N2 or N3 as defined in Table 3 in the Annex.

Amendment 50

Proposal for a directive

Article 1 — paragraph 1 — point 3

Directive 2009/33/EC

Article 4 — paragraph 1 — point 4 a (new)

Text proposed by the Commission

Amendment

4a.	'zero-emission vehicle' means a vehicle with zero CO2, NOx and fine particles tail-pipe emissions.

Amendment 51

Proposal for a directive

Article 1 — paragraph 1 — point 3

Directive 2009/33/EC

Article 4 — paragraph 1 — point 4 b (new)

Text proposed by the Commission

Amendment

4b.	'low-emission vehicle' means a vehicle with maximum levels of emissions as referred to in Table 2 in the Annex.

Amendment 52

Proposal for a directive

Article 1 — paragraph 1 — point 3

Directive 2009/33/EC

Article 4 — paragraph 1 — point 4 c (new)

Text proposed by the Commission

Amendment

4c.

'vehicle retrofitted to clean vehicle standard' means a vehicle with an engine retrofitted to the standard of a clean vehicle as defined in point 4 of the first paragraph of this Article. In the case of a retrofitted engine using biofuels as defined in point (i) of Article 2 of the second paragraph of Directive 2009/28/EC, synthetic fuels or paraffinic fuels, the vehicle has to fulfil the most recent Euro standards or successor standards.

Amendment 53

Proposal for a directive

Article 1 — paragraph 1 — point 4

Directive 2009/33/EC

Article 4a

Text proposed by the Commission

Amendment

(4)	The following Article 4a is inserted:

deleted

'Article 4a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 8a in order to update Table 3 in the Annex with CO2 tail-pipe emission and air pollutants thresholds for heavy duty vehicles once the related heavy-duty CO2 emission performance standards are in force at Union level.'

Amendment 54

Proposal for a directive

Article 1 — paragraph 1 — point 5

Directive 2009/33/EC

Article 5 — paragraph 1

Text proposed by the Commission

Amendment

1. Member States shall ensure that purchase, lease, rent or hire-purchase of road transport vehicles, and public service contracts on public passenger transport by road and rail and public service contracts as referred to in Article 3 of this Directive comply with the minimum procurement targets for light-duty vehicles referred to in table 4 of the Annex and for heavy-duty vehicles referred to in Table 5 in the Annex.

1. Member States shall ensure that purchase, lease, rent, hire-purchase or retrofitting to clean vehicle standard of road transport vehicles, and public service contracts on public passenger transport by road and rail and public service contracts as referred to in Article 3 of this Directive comply with the minimum procurement targets for clean light-duty vehicles referred to in table 4 of the Annex and for heavy-duty vehicles referred to in Table 5 in the Annex.

Amendment 55

Proposal for a directive

Article 1 — paragraph 1 — point 5

Directive 2009/33/EC

Article 5 — paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. For the purpose of calculating the minimum procurement targets, the date of the public procurement to be taken into account is the date of completion of the public procurement procedure, by way of signature of the contract.
	The minimum procurement targets shall be calculated as an average of all contracts signed between the day after the date of transposition of this Directive and 31 December 2024 for the first reference period, and from 1 January 2025 and 31 December 2029 for the second reference period.
	In case new targets for the reference period after 1 January 2030 are not adopted in time, the targets set for 2030 shall continue to apply.

Amendment 56

Proposal for a directive

Article 1 — paragraph 1 — point 5

Directive 2009/33/EC

Article 5 — paragraph 1 b (new)

Text proposed by the Commission

Amendment

1b. To reach the procurement targets, contracting entities shall base the award of contracts on the most economically advantageous tender ('MEAT') as described in Article 82 of Directive 2014/25/EU. Tender specifications shall be defined not only with focus on Total Cost of Ownership (TCO) but also on other vehicle characteristics, such as accessibility, insertion in urban landscape, noise levels, energy efficiency, recyclability of batteries and vehicle components.

Amendment 57

Proposal for a directive

Article 1 — paragraph 1 — point 5 a (new)

Directive 2009/33/EC

Article 5 a (new)

Text proposed by the Commission

Amendment

(5a)

The following Article is inserted:

'Article 5a

Financial resources

1. Member States shall make available sufficient funding instruments for the procurement of clean vehicles and the installation of their related infrastructure in their territory. The establishment of the funds shall follow a thorough evaluation of the financial needs of public authorities and contracting entities linked to the procurement targets set at national level.

2. The Union shall make available additional funding instruments to support the uptake of clean vehicles and the installation of their related infrastructure in the Member States.'.

Amendment 58

Proposal for a directive

Article 1 — paragraph 1 — point 5 b (new)

Directive 2009/33/EC

Article 5 b (new)

Text proposed by the Commission

Amendment

(5b)

The following Article is inserted:

'Article 5b

Alternative fuels action plan for public transport

1. By 31 December 2020, the European Commission shall present to the European Parliament and to the Council an action plan to accelerate the set-up of charging and refuelling infrastructure for HDVs owned by transport companies in their own depots and maintenance areas as well as in the public space.

2. This action plan shall include information on available Union funding instruments and set out clearly the procedures, how such a support can be given, including its relation to existing European state aid rules.

3. The report shall also contain an assessment on how Union funding instruments could be revised to give funding priority to public transport companies of all sizes to replace their vehicles.'.

Amendment 59

Proposal for a directive

Article 1 — paragraph 1 — point 5 c (new)

Directive 2009/33/EC

Article 5 c (new)

Text proposed by the Commission

Amendment

(5c)

The following Article is inserted:

'Article 5c

Union platform for cross-border and joint procurement of low emission and energy-efficient road transport vehicles

In order to facilitate the achievement of the targets set out in the Annex to this Directive and to achieve economies of scale, the Commission shall set up a Union platform for cross-border and joint procurement of low emission and energy-efficient road transport vehicles. Contracting authorities, entities and operators referred to in Article 3 may participate in this platform for jointly procuring vehicles. The Commission shall ensure that the platform is publicly accessible and brings together in an effective manner all parties interested in pooling their resources. In order to facilitate the setting up and realisation of such joint procurements, the Commission shall provide technical assistance and develop templates for cooperation agreements. The Commission shall be empowered to adopt a delegated act in accordance with Article 8a for the establishment of the Union platform for joint procurement of low emission and energy efficient road transport vehicles.'.

Amendment 60

Proposal for a directive

Article 1 — paragraph 1 — point 7

Directive 2009/33/EC

Article 8a

Text proposed by the Commission

Amendment

(7)	A new article 8a is inserted:

deleted

'Article 8a

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 4a shall be conferred on the Commission for a period of five years from [Please insert the date of entry into force]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 4a 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 on 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.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Article 4a shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.'

Amendment 61

Proposal for a directive

Article 1 — paragraph 1 — point 8

Directive 2009/33/EC

Article 9

Text proposed by the Commission

Amendment

(8)	Article 9 is replaced by the following:

(8)	Article 9 is deleted

'1. The Commission shall be assisted by a Committee.

That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

3. Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.'

Amendment 62

Proposal for a directive

Article 1 — paragraph 1 — point 9 — point a

Directive 2009/33/EC

Article 10 — paragraph 1

Text proposed by the Commission	Amendment
1. The Commission shall submit a report on the application of this Directive and on the actions taken by individual Member States for the effective implementation of this Directive to the European Parliament and to the Council every three years starting on 1 January 2027, following the reporting from Member States.	1. Member States shall submit to the Commission a report on the implementation of this Directive as part of the reports provided for in Article 83, paragraph 3, second subparagraph of Directive 2014/24/EU and Article 99, paragraph 3, second subparagraph of Directive 2014/25/EU by 18 April 2026, and every three years thereafter. Member States shall submit to the Commission a preliminary report by 18 April 2023 .
	These reports shall contain information on the steps undertaken to implement this Directive, including on the number and the categories of vehicles procured by authorities and entities, on the dialogue carried out between the different levels of governance, information on Member States' intentions regarding the above reporting activities, as well as any other valuable information.
	Information shall comply with the categories contained in Regulation (EC) No 2195/2002 on the Common Procurement Vocabulary (CPV) listed in Table 1 of the Annex.

Amendment 63

Proposal for a directive

Article 1 — paragraph 1 — point 9 — point a a (new)

Directive 2009/33/EC

Article 10 — paragraph 2

Present text

Amendment

(aa)	paragraph 2 is replaced by the following:

2. Those reports shall assess the effects of this Directive, especially of the options referred to in Article 5(3), and the need for further action, and include proposals, as appropriate .

'2. The Commission shall , no later than 31 December 2022, propose a methodology of counting life-cycle CO2 emissions and of well-to-wheel CO2 emissions of vehicles .

In those reports , the Commission shall compare the nominal and relative numbers of vehicles purchased corresponding to the best market alternative in terms of lifetime energy and environmental impacts, within each of the categories of vehicles listed in Table 3 of the Annex, to the overall market for these vehicles and estimate how the options referred to in Article 5(3) have affected the market. The Commission shall assess the need for further action and include proposals, as appropriate.

No later than 18 April 2027 , the Commission shall review Directive 2009/33/EC and any other relevant legislation related to alternative fuel, taking into consideration life cycle CO2 emissions and of well-to-wheel CO2 emissions of vehicles.'

Amendment 64

Proposal for a directive

Article 1 — paragraph 1 — point 9 — a b (new)

Directive 2009/33/EC

Article 10 — paragraph 3

Present text

Amendment

(ab)	paragraph 3 is replaced by the following:

3. No later than the date of the first report, the Commission shall examine the options referred to in Article 5(3), present an evaluation of the methodology set out in Article 6 and propose appropriate adjustments, if necessary.

'3. By 18 April 2024, and every three years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive specifying the actions taken by individual Member States in this regard, and assess the need for further action and where appropriate, be accompanied by a proposal for amending this Directive.'

Amendment 65

Proposal for a directive

Article 1 — paragraph 1 — point 9 — point b

Directive 2009/33/EC

Article 10 — paragraph 4

Text proposed by the Commission

Amendment

4. Member States shall submit to the Commission a report on the implementation of this Directive by 1 January 2026, and every three years thereafter. Member States shall submit to the Commission an intermediate report by 1 January 2023. That report shall contain information on the steps undertaken to implement this Directive, including on the number and the categories of vehicles procured by authorities and entities, on the dialogue carried out between the different levels of governance, information on Member States' intentions regarding the above reporting activities, as well as any other valuable information. Information's should follow the categories contained in Regulation No (EC) 2195/2002 on the Common Procurement Vocabulary (CPV)31 as noted in the Annex.

deleted

Amendment 66

Proposal for a directive

Article 1 — paragraph 1 — point 9 — point b

Directive 2009/33/EC

Article 10 — paragraph 5

Text proposed by the Commission	Amendment
5. The Commission shall be empowered to adopt, by means of implementing acts, guidance on the contents of Member States' reports referred to in paragraph 4 .	5. The Commission shall be empowered to adopt, by means of implementing acts, guidance on the contents of Member States' reports referred to in paragraph 1.

Amendment 67

Proposal for a directive

Article 1 — paragraph 1 — point 9 — point b — point b a (new)

Directive 2009/33/EC

Article 10 — paragraph 5 a (new)

Text proposed by the Commission

Amendment

(ba)	the following paragraph is added: '5a. Member States may decide to set up mechanisms to regulate the purchase of clean vehicles by other fleet owners, such as taxis, car-sharing and ride-pooling companies.'

Amendment 68

Proposal for a directive

Article 1 — paragraph 1 — point 9 — point b b (new)

Directive 2009/33/EC

Article 10 — paragraph 5 b (new)

Text proposed by the Commission

Amendment

(bb)

the following paragraph is added:

'5b. By 31 December 2021, the Commission shall present to the European Parliament and to the Council an action plan to accelerate the set-up of charging and refuel-ling infrastructure for HDVs owned by transport companies in their own depots and maintenance areas as well as in the public space. This action plan shall include information on available Union funding instruments and set out how such a support can be given despite European state aid rules.'

Amendment 69

Proposal for a directive

Article 1 — paragraph 1 — point 9 — point b c (new)

Directive 2009/33/EC

Article 10 — paragraph 5 c (new)

Text proposed by the Commission

Amendment

(bc)	the following paragraph is added: '5c. The Commission shall assess the need to review the appropriate legislation related to promotion of clean and energy-efficient road transport with regard to the use of best graded and retreaded tyres, and where appropriate to submit a legislative proposal.'

Amendment 70

Proposal for a directive

Article 1 — paragraph 1 — point 9 — point b d (new)

Directive 2009/33/EC

Article 10 — paragraph 5 d (new)

Text proposed by the Commission

Amendment

(bd)

the following paragraph is added:

'5d. The Commission shall provide guidance to Member States with regard to the different Union funds that might be used for the purposes of this Directive, for example the Connecting Europe Facility supporting the development of high performing, sustainable and efficiently interconnected trans-European networks in the fields of transport and the European Fund for Strategic Investments or the Cleaner Transport Facility supporting the deployment of cleaner transport vehicles and their associated infrastructure needs could be mobilised.'

Amendment 71

Proposal for a directive

Article 1 — paragraph 1 — point 9 — point b e (new)

Directive 2009/33/EC

Article 10 — paragraph 5 e (new)

Text proposed by the Commission

Amendment

(be)

the following paragraph is added:

'5e. Advisory Hubs shall play a key role in this transition by facilitating and promoting investments and supporting institutional capacities. Therefore, the Commission shall substantially reinforce the role and the capacity of the European Investment Advisory Hub, notably through a local presence and a proactive role in the preparation of projects.'

Amendment 72

Proposal for a directive

Article 2 — paragraph 1 — subparagraph 1

Text proposed by the Commission	Amendment
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by XXXX [Please insert the date 24 months following the date of entry into force] at the latest. They shall immediately communicate to the Commission the text of those provisions.	Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by XXXX [Please insert the date 18 months following the date of entry into force] at the latest. They shall immediately communicate to the Commission the text of those provisions.

Amendment 73

Proposal for a directive

ANNEX I

Directive 2009/33/EC

Annex — table 1

Text proposed by the Commission

Table 1: Common Procurement Vocabulary codes referred to in Article 3

CPV Code	Description
60112000-6	Public road transport services
60130000-8	Special-purpose road passenger-transport services
60140000-1	Non-scheduled passenger transport
60172000-3	Hire of buses and coaches with driver
90511000-2	Refuse collection services
60160000-7	Mail transport by road
60161000-4	Parcel transport services

Amendment

Table 1: Common Procurement Vocabulary codes referred to in Article 3

CPV Code	Description
60112000-6	Public road transport services
60130000-8	Special-purpose road passenger-transport services
60140000-1	Non-scheduled passenger transport
60172000-3	Hire of buses and coaches with driver
90511000-2	Refuse collection services
60160000-7	Mail transport by road
60161000-4	Parcel transport services
64121100-1	Mail delivery services
64121200-2	Parcel delivery services
60170000-0	Hire of passenger transport vehicles with driver
60171000-7	Hire of passenger cars with driver
60181000-0	Hire of trucks with driver
60180000-3	Hire of goods-transport vehicles with driver
90511100-3	Urban solid-refuse collection services
90511200-4	Household-refuse collection services
90511300-5	Litter collection services
90511400-6	Paper collecting services

Amendment 74

Proposal for a directive

ANNEX I

Directive 2009/33/EC

Annex — table 2

Text proposed by the Commission

Table 2: Emission-thresholds for light-duty vehicles

Vehicle categories	2025		2030
	CO2 g/km	RDE air pollutant emissions (1) as percentage of emission limits (2)	CO2 g/km	RDE air pollutant emissions (*1) as percentage of emission limits
M1 vehicles	25	80 %	0	n.a.
M2 vehicles	25	80 %	0	n.a.
N1 vehicles	40	80 %	0	n.a.

Amendment

Table 2: Emission-thresholds for light-duty vehicles

Vehicle categories	2025		2030
	CO2 g/km	RDE air pollutant emissions (3) as percentage of emission limits (4)	CO2 g/km	RDE air pollutant emissions (*3) as percentage of emission limits
L vehicles	25
M1 vehicles	50	80 %	0	n.a.
M2 vehicles	50	80 %	0	n.a.
N1 vehicles	50	80 %	0	n.a.
M3 vehicles	n.a
N2 vehicles	n.a
N3 vehicles	n.a

Amendment 86

Proposal for a directive

Annex I

Directive 2009/33/EC

Annex — table 3

Text proposed by the Commission	Amendment
[…..]	deleted

Amendments 75 and 85

Proposal for a directive

ANNEX I

Directive 2009/33/EC

Annex — table 4

Text proposed by the Commission

Table 4: Minimum target for the share of light-duty vehicles in accordance with Table 2 in the total public procurement of light-duty vehicles at Member State level (*5)

Member State	2025	2030
Luxembourg	35 %	35 %
Sweden	35 %	35 %
Denmark	34 %	34 %
Finland	35 %	35 %
Germany	35 %	35 %
France	34 %	34 %
United Kingdom	35 %	35 %
Netherlands	35 %	35 %
Austria	35 %	35 %
Belgium	35 %	35 %
Italy	35 %	35 %
Ireland	35 %	35 %
Spain	33 %	33 %
Cyprus	29 %	29 %
Malta	35 %	35 %
Portugal	27 %	27 %
Greece	23 %	23 %
Slovenia	20 %	20 %
Czech Republic	27 %	27 %
Estonia	21 %	21 %
Slovakia	20 %	20 %
Lithuania	19 %	19 %
Poland	20 %	20 %
Croatia	17 %	17 %
Hungary	21 %	21 %
Latvia	20 %	20 %
Romania	17 %	17 %
Bulgaria	16 %	16 %

Amendment

Table 4: Minimum target for the share of light-duty vehicles in the total public procurement of light-duty vehicles at Member State level (1) , (2)

	Vehicle category M1, M2, N1		Vehicle category L
Member State	2025	2030	2025	2030
EU Institutions, Agencies and Bodies	[50 %]	[50 %]	[50 %]	[50 %]
Luxembourg	50 %	50 %	50 %	50 %
Sweden	50 %	50 %	50 %	50 %
Denmark	50 %	50 %	50 %	50 %
Finland	50 %	50 %	50 %	50 %
Germany	50 %	50 %	50 %	50 %
France	50 %	50 %	50 %	50 %
United Kingdom	50 %	50 %	50 %	50 %
Netherlands	50 %	50 %	50 %	50 %
Austria	50 %	50 %	50 %	50 %
Belgium	50 %	50 %	50 %	50 %
Italy	50 %	50 %	50 %	50 %
Ireland	50 %	50 %	50 %	50 %
Spain	50 %	50 %	50 %	50 %
Cyprus	50 %	50 %	50 %	50 %
Malta	50 %	50 %	50 %	50 %
Portugal	50 %	50 %	50 %	50 %
Greece	35 %	35 %	35 %	35 %
Slovenia	35 %	35 %	35 %	35 %
Czech Republic	50 %	50 %	50 %	50 %
Estonia	35 %	35 %	35 %	35 %
Slovakia	35 %	35 %	35 %	35 %
Lithuania	35 %	35 %	35 %	35 %
Poland	35 %	35 %	35 %	35 %
Croatia	25 %	25 %	25 %	25 %
Hungary	25 %	25 %	25 %	25 %
Latvia	25 %	25 %	25 %	25 %
Romania	25 %	25 %	25 %	25 %
Bulgaria	25 %	25 %	25 %	25 %

Amendment 79

Proposal for a directive

ANNEX I

Directive 2009/33/EC

Annex — Table 5

Text proposed by the Commission

Table 5: Minimum target for the share of heavy-duty vehicles in accordance with table 3 in the total public procurement of heavy-duty vehicles at Member State level (*6)

Member State	Trucks		Buses
	2025	2030	2025	2030
Luxembourg	10 %	15 %	50 %	75 %
Sweden	10 %	15 %	50 %	75 %
Denmark	10 %	15 %	50 %	75 %
Finland	9 %	15 %	46 %	69 %
Germany	10 %	15 %	50 %	75 %
France	10 %	15 %	48 %	71 %
United Kingdom	10 %	15 %	50 %	75 %
Netherlands	10 %	15 %	50 %	75 %
Austria	10 %	15 %	50 %	75 %
Belgium	10 %	15 %	50 %	75 %
Italy	10 %	15 %	50 %	75 %
Ireland	10 %	15 %	50 %	75 %
Spain	10 %	14 %	50 %	75 %
Cyprus	10 %	13 %	50 %	75 %
Malta	10 %	15 %	50 %	75 %
Portugal	8 %	12 %	40 %	61 %
Greece	8 %	10 %	38 %	57 %
Slovenia	7 %	9 %	33 %	50 %
Czech Republic	9 %	11 %	46 %	70 %
Estonia	7 %	9 %	36 %	53 %
Slovakia	8 %	9 %	39 %	58 %
Lithuania	9 %	8 %	47 %	70 %
Poland	7 %	9 %	37 %	56 %
Croatia	6 %	7 %	32 %	48 %
Hungary	8 %	9 %	42 %	63 %
Latvia	8 %	9 %	40 %	60 %
Romania	6 %	7 %	29 %	43 %
Bulgaria	8 %	7 %	39 %	58 %

Amendment

Table 5: Minimum target for the share of heavy-duty vehicles in accordance with Article 4(4) in the total public procurement of heavy-duty vehicles at Member State level

Member State	Trucks		Buses
	2025 (3)	2030 (4)	2025 (3)	2030 (4)
EU Institutions, Agencies and Bodies	[10 %]	[15 %]	[50 %]	[75 %]
Luxembourg	10 %	15 %	50 %	75 %
Sweden	10 %	15 %	50 %	75 %
Denmark	10 %	15 %	50 %	75 %
Finland	9 %	15 %	46 %	69 %
Germany	10 %	15 %	50 %	75 %
France	10 %	15 %	48 %	71 %
United Kingdom	10 %	15 %	50 %	75 %
Netherlands	10 %	15 %	50 %	75 %
Austria	10 %	15 %	50 %	75 %
Belgium	10 %	15 %	50 %	75 %
Italy	10 %	15 %	50 %	75 %
Ireland	10 %	15 %	50 %	75 %
Spain	10 %	14 %	50 %	75 %
Cyprus	10 %	13 %	50 %	75 %
Malta	10 %	15 %	50 %	75 %
Portugal	8 %	12 %	40 %	61 %
Greece	8 %	10 %	38 %	57 %
Slovenia	7 %	9 %	33 %	50 %
Czech Republic	9 %	11 %	46 %	70 %
Estonia	7 %	9 %	36 %	53 %
Slovakia	8 %	9 %	39 %	58 %
Lithuania	9 %	8 %	47 %	70 %
Poland	7 %	9 %	37 %	56 %
Croatia	6 %	7 %	32 %	48 %
Hungary	8 %	9 %	42 %	63 %
Latvia	8 %	9 %	40 %	60 %
Romania	6 %	7 %	29 %	43 %
Bulgaria	8 %	7 %	39 %	58 %

(1) The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0321/2018).

(21) COM(2016)0501.

(23) COM(2017)0283.

(24) OJ L 94, 28.3.2014, p. 65.

(25) OJ L 94, 28.3.2014, p. 243.

(24) OJ L 94, 28.3.2014, p. 65.

(25) OJ L 94, 28.3.2014, p. 243.

(26) COM(2017)0676.

(10a) OJ C 298, 23.8.2018, p. 140.

(27) OJ C 200, 28.6.2014, p. 1.

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

(*) This shall be demonstrated by a contract to procure the biofuel or other means of accessing the biofuel.

(**) RDE of ultrafine particles in #/km (PN) nitrogen oxides in mg/km (NOx) measured in accordance with the applicable version of Annex IIIA to Regulation 2017/1151.

(***) The applicable emission limit as referred to in Annex I to Regulation (EC) No 715/2007.

(*1) Real driving emissions of ultrafine particles in #/km (PN) nitrogen oxides in mg/km (NOx) measured according to the applicable version of Annex IIIA, Regulation 2017/1151.

(*2) The applicable emission limit found in Annex I of Regulation (EC) No 715/2007, or its successors.

(*3) Real driving emissions of ultrafine particles in #/km (PN) nitrogen oxides in mg/km (NOx) measured according to the applicable version of Annex IIIA, Regulation 2017/1151.

(*4) The applicable emission limit found in Annex I of Regulation (EC) No 715/2007, or its successors.

(*5) Vehicles with zero-emissions at tailpipe shall be counted as 1 vehicle contributing to the mandate. All other vehicles that meet the requirements of Table 2 in this annex shall be counted as 0,5 vehicle contributing.

(1) At least 70 % of the minimum procurement targets for clean light-duty vehicles in the first reference period (until 2025) shall be met by zero- and low-emission vehicles and in the second (2025-2030) and subsequent reference periods, by zero-emission vehicles.

(2) Vehicles with zero-emissions at tailpipe shall be counted as 1 vehicle contributing to the mandate. Low-emission vehicles and vehicles using natural gas provided they are fully operated on bio-methane, which shall be demonstrated by a contract to procure bio-methane or other means of accessing bio-methane shall be counted as 0,66 vehicle contributing to the mandate. All other clean vehicles shall be counted as 0,5 vehicle contributing to the mandate .

(*6) Vehicles with zero-emissions at tailpipe or vehicles using natural gas provided they are fully operated on bio-methane, which should be demonstrated by a contract to procure bio-methane or other means of accessing bio-methane, shall be counted as 1 vehicle contributing to the mandate. This counting is abandoned in case of those Member States where the minimum procurement mandate exceeds 50 % of the overall volume of public procurement, with a cut-off at the 50 % mark. All other vehicles that meet the requirements of Table 2 in this annex shall be counted as 0,5 vehicle contributing .

(3) At least 66 % of the minimum procurement targets for clean heavy-duty vehicles shall be met by zero-emission vehicles or by vehicles using natural gas provided they are fully operated on bio-methane, which shall be demonstrated by a contract to procure bio-methane or other means of accessing bio-methane. The counting of the share of vehicles operating on bio-methane for the subtarget shall cease at 30 % of the subtarget.

(4) At least 75 % of the minimum procurement targets for clean heavy-duty vehicles shall be met by zero-emission vehicles or by vehicles using natural gas provided they are fully operated on bio-methane, which shall be demonstrated by a contract to procure bio-methane or other means of accessing bio-methane. The counting of the share of vehicles operating on bio-methane for the subtarget shall cease at 30 % of the subtarget.

16.10.2020

Official Journal of the European Union

C 345/419

P8_TA(2018)0425

Multiannual plan for fish stocks in the Western Waters and adjacent waters, and for fisheries exploiting those stocks ***I

Amendments adopted by the European Parliament on 25 October 2018 on the proposal for a Regulation of the European Parliament and of the Council establishing a multiannual plan for fish stocks in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulation (EU) 2016/1139 establishing a multiannual plan for the Baltic Sea, and repealing Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008 (COM(2018)0149 — C8–0126/2018 — 2018/0074(COD) (1)

(Ordinary legislative procedure: first reading)

(2020/C 345/51)

Amendment 1

Proposal for a regulation

Title

Text proposed by the Commission	Amendment
Proposal for a	Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL	REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
establishing a multiannual plan for fish stocks in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulation (EU) 2016/1139 establishing a multiannual plan for the Baltic Sea, and repealing Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008	establishing a multiannual plan for demersal stocks in the Western Waters and adjacent waters, and for fisheries exploiting those stocks, amending Regulation (EU) 2016/1139 establishing a multiannual plan for the Baltic Sea, and repealing Regulations (EC) No 811/2004, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007 and (EC) No 1300/2008

Amendment 2

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4)	The objectives of the CFP are, inter alia, to ensure that fishing and aquaculture are environmentally sustainable in the long term, to apply the precautionary approach to fisheries management, and to implement the ecosystem-based approach to fisheries management.

(4)

The objectives of the CFP are, inter alia, to ensure that fishing and aquaculture are environmentally sustainable in the long term and are managed in a manner consistent with the objectives of generating economic, social and employment benefits , to reduce the Union market's dependence on food imports, to promote direct and indirect job creation and the economic development of coastal areas, to apply the precautionary approach to fisheries management and to implement the ecosystem-based approach to fisheries management.

Amendment 3

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a)	Pursuant to the principles of the Common Fisheries Policy and to ensure a level playing field and fair competition between sea basins, there should be a uniform framework in all multi-annual plans and no sea basin-specific derogations regarding the principles for quota setting.

Amendment 4

Proposal for a regulation

Recital 5

Text proposed by the Commission

Amendment

(5)	For the achievement of the objectives of the CFP, a number of conservation measures are to be adopted as appropriate in any combination thereof, such as multi-annual plans, technical measures, fixing and allocation of fishing opportunities.

(5)	For the achievement of the objectives of the CFP, a number of conservation measures are to be adopted as appropriate in any combination thereof, such as multi-annual plans, technical measures, fixing and allocation of fishing opportunities , in accordance with the best available scientific advice .

Amendment 5

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a)

Regulation (EU) No 1380/2013 expressly sets the objective of restoring and maintaining populations of harvested species above levels which can produce maximum sustainable yield. To achieve that goal, Regulation (EU) No 1380/2013 stipulates that all stocks should gradually reach the level of fishing rate capable of producing the maximum sustainable yield by 2015 if possible, or by 2020 at the latest.

Amendment 6

Proposal for a regulation

Recital 6

Text proposed by the Commission

Amendment

(6)

Pursuant to Articles 9 and 10 of Regulation (EU) No 1380/2013, multi-annual plans are to be based on scientific, technical and economic advice. In accordance with those provisions, this plan should contain objectives, quantifiable targets with clear timeframes, conservation reference points, safeguards and technical measures designed to avoid and reduce unwanted catches.

(6)

Amendment 7

Proposal for a regulation

Recital 8

Text proposed by the Commission

Amendment

(8)

The Commission should obtain the best available scientific advice for the stocks within the scope of the multiannual plan. In order to do so it concludes Memoranda of Understanding with the International Council for the Exploration of the Sea (ICES). The scientific advice issued by ICES should be based on this multiannual plan and should indicate, in particular, ranges of FMSY and biomass reference points, i.e. MSY Btrigger and Blim. Those values should be indicated in the relevant stock advice and, where appropriate, in any other publicly-available scientific advice, including, for example, in mixed fisheries advice issued by ICES.

(8)

Amendment 8

Proposal for a regulation

Recital 9

Text proposed by the Commission

Amendment

(9)

Council Regulations (EC) No 811/2004 (18), (EC) No 2166/2005 (19), (EC) No 388/2006 (20), (EC) No 509/2007 (21), (EC) No 1300/2008 (22) and (EC) No 1342/2008 (23) set out the rules for the exploitation of the northern stock of hake, hake and Norway lobster stocks in the Cantabrian Sea and by the Western Iberian Peninsula, sole in the Bay of Biscay, sole in the Western Channel, herring in the West of Scotland and cod in the Kattegat, the North Sea in the West of Scotland and the Irish Sea. These and other demersal stocks are taken in mixed fisheries. Therefore, it is appropriate to establish a single multi-annual plan taking into account such technical interactions.

(9)

Council Regulations (EC) No 811/2004 (18), (EC) No 2166/2005 (19), (EC) No 388/2006 (20), (EC) No 509/2007 (21), (EC) No 1300/2008 (22) and (EC) No 1342/2008 (23) set out the rules for the exploitation of the northern stock of hake, hake and Norway lobster stocks in the Cantabrian Sea and by the Western Iberian Peninsula, sole in the Bay of Biscay, sole in the Western Channel, herring in the West of Scotland and cod in the Kattegat, the North Sea in the West of Scotland and the Irish Sea. These and other demersal stocks are taken in mixed and/or multispecies fisheries. Therefore, it is appropriate to establish a single multi-annual plan taking into account such technical interactions.

Amendment 9

Proposal for a regulation

Recital 11

Text proposed by the Commission

Amendment

(11)

Some demersal stocks are exploited both in the Western Waters and in their adjacent waters. Therefore the scope of the provisions of the plan relating to targets and safeguards for stocks that are mainly exploited in the Western Waters should be extended for those areas outside the Western Waters. In addition, for stocks also present in the Western Waters that are mainly exploited outside the Western Waters, it is necessary to establish the targets and safeguards in multiannual plans for areas outside the Western Waters where those stocks are mainly exploited, extending the scope of those multiannual plans so that they also cover the Western Waters.

(11)

Some demersal stocks are exploited both in the Western Waters and in their adjacent waters. Therefore the scope of the provisions of the plan relating to targets and safeguards for demersal stocks that are mainly exploited in the Western Waters should be extended for those areas containing those stocks that are situated outside the Western Waters , provided that they do not fall within the sovereignty or jurisdiction of a third country . In addition, for stocks also present in the Western Waters that are mainly exploited outside the Western Waters, it is necessary to establish the targets and safeguards in multiannual plans for areas outside the Western Waters where those demersal stocks are mainly exploited, extending the scope of those multiannual plans so that they also cover the Western Waters.

Amendment 10

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission

Amendment

(11a)

The management plan should not limit itself to considering mechanisms for determining fishing opportunities in the short term, which would generate uncertainty and a lack of transparency for the sector.

Amendment 11

Proposal for a regulation

Recital 12

Text proposed by the Commission

Amendment

(12)

The geographical scope of the multiannual plan should be based on the geographical distribution of stocks indicated in the latest scientific stock advice provided by ICES. Future changes to the geographical distribution of stocks as set out in the multiannual plan may be needed either due to improved scientific information or due to migration of stocks. Therefore, the Commission should be empowered to adopt delegated acts adjusting the geographical distribution of stocks set out in the multiannual plan if the scientific advice provided by ICES indicates a change in the geographical distribution of the relevant stocks.

(12)

The geographical scope of the multiannual plan should be based on the geographical distribution of demersal stocks indicated in the latest scientific stock advice provided by ICES. Future changes to the geographical distribution of stocks as set out in the multiannual plan may be needed either due to improved scientific information or due to migration of demersal stocks. Therefore, the Commission should be empowered to adopt delegated acts adjusting the geographical distribution of stocks set out in the multiannual plan if the scientific advice provided by ICES , or a similar independent scientific body recognised at Union or international level, indicates a change in the geographical distribution of the relevant stocks.

Amendment 12

Proposal for a regulation

Recital 14

Text proposed by the Commission

Amendment

(14)

The objective of this plan should be to contribute to the achievement of the objectives of the CFP, and in particular, reaching and maintaining MSY for the target stocks, implementing the landing obligation for demersal stocks subject to catch limits, promoting a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects. It should also implement the ecosystem-based approach to fisheries management in order to minimise negative impacts of fishing activities on the marine ecosystem. It should be coherent with the Union's environmental legislation, in particular the objective of achieving good environmental status by 2020 (in accordance with Directive 2008/56/EC) and the objectives of Directive 2009/147/EC and Council Directive 92/43/EEC. This plan should also specify details for the implementation of the landing obligation in Union waters of the Western Waters for all stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.

(14)

The objective of this plan should be to contribute to the achievement of the objectives of the CFP, and in particular, reaching and maintaining stocks covered by this Regulation above levels which can produce the maximum sustainable yield , implementing the landing obligation for demersal stocks subject to catch limits, promoting a fair standard of living for those who depend on fishing activities, bearing in mind coastal fisheries and socio-economic aspects. It should also implement the ecosystem-based approach to fisheries management in order to minimise negative impacts of fishing activities on the marine ecosystem. It should be coherent with the Union's environmental legislation, in particular the objective of achieving good environmental status by 2020 (in accordance with Directive 2008/56/EC) and the objectives of Directive 2009/147/EC and Council Directive 92/43/EEC. This plan should also specify details for the implementation of the landing obligation in Union waters of the Western Waters for species caught in demersal fisheries and to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.

Amendment 13

Proposal for a regulation

Recital 16

Text proposed by the Commission

Amendment

(16)

It is appropriate to establish the target fishing mortality (F) that corresponds to the objective of reaching and maintaining MSY as ranges of values which are consistent with achieving MSY (FMSY). Those ranges, based on best available scientific advice, are necessary in order to provide flexibility to take account of developments in the scientific advice, to contribute to the implementation of the landing obligation and to take into account the characteristics of mixed fisheries. The FMSY ranges should be calculated by the International Council for the Exploration of the Sea (ICES), in particular in its periodic catch advice. Based on this plan they are derived to deliver no more than a 5 % reduction in long-term yield compared to MSY (24). The upper limit of the range is capped, so that the probability of the stock falling below Blim is no more than 5 %. That upper limit also conforms to the ICES 'advice rule', which indicates that when the spawning biomass or abundance is in a poor state, F be reduced to a value that does not exceed an upper limit equal to the FMSY point value multiplied by the spawning biomass or abundance in the total allowable catch (TAC) year divided by MSY Btrigger. ICES uses these considerations and the advice rule in its provision of scientific advice on fishing mortality and catch options.

(16)

It is appropriate to establish the target fishing mortality (F) that corresponds to the objective of reaching and maintaining MSY as ranges of values which are consistent with achieving MSY (FMSY). Those ranges, based on best available scientific advice, are necessary in order to provide flexibility to take account of developments in the scientific advice, to contribute to the implementation of the landing obligation and to take into account the characteristics of mixed fisheries. The FMSY ranges should be calculated, inter alia, by the International Council for the Exploration of the Sea (ICES), in particular in its periodic catch advice. Based on this plan they are derived to deliver no more than a 5 % reduction in long-term yield compared to MSY (24). The upper limit of the range is capped, so that the probability of the stock falling below Blim is no more than 5 %. That upper limit also conforms to the ICES 'advice rule', which indicates that when the spawning biomass or abundance is in a poor state, F be reduced to a value that does not exceed an upper limit equal to the FMSY point value multiplied by the spawning biomass or abundance in the total allowable catch (TAC) year divided by MSY Btrigger. ICES uses these considerations and the advice rule in its provision of scientific advice on fishing mortality and catch options.

Amendment 14

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission

Amendment

(16a)

In order to achieve the objectives set out in Article 2(2) of Regulation (EU) No 1380/2013, it is appropriate to establish the target fishing mortality (F) as not exceeding the maximum sustainable yield exploitation rate. This rate shouldbe achieved as soon as possible and, on a progressive, incremental basis at the latest by 2020 for all stocks to which this Regulation applies.

Amendment 15

Proposal for a Regulation

Recital 20

Text proposed by the Commission

Amendment

(20)

It should be possible to set the total allowable catches (TACs) for Norway lobster in Western Waters as the sum of the catch limits established for each functional unit and of the statistical rectangles outside the functional units within that TAC area. However, this does not preclude the adoption of measures to protect specific functional units.

(20)

It should be possible to set the total allowable catches (TACs) for a stock of Norway lobster in Western Waters as the sum of the catch limits established for each functional unit and of the statistical rectangles outside the functional units within the area defined for that stock . However, this does not preclude the adoption of measures to protect specific functional units.

Amendment 16

Proposal for a Regulation

Recital 21 a (new)

Text proposed by the Commission

Amendment

(21a)

Specific fishing bans for sea bass and pollack should now be established, in particular with a view to protecting broodstock during the breeding season. In order to protect declining stock levels of sea bass and pollack, Member States should establish appropriate commercial and recreational recovery measures as determined by the best available scientific evidence.

Amendment 17

Proposal for a Regulation

Recital 22

Text proposed by the Commission

Amendment

(22)

Where the Council takes into account a significant impact of recreational fisheries in the framework of the fishing opportunities for a certain stock, it should be able to set a TAC for commercial catches which takes into account the volume of recreational catches and/or to adopt other measures restricting recreational fisheries such as bag limits and closure periods.

(22)

When mortality caused by recreational fishing has a significant impact on a stock managed on the basis of MSY, the Council should be able to establish individual and non-discriminatory fishing opportunities for recreational fishermen. Those individual recreational fishing opportunities should cover periods of no less than one month, in line with the realities of recreational fishing practices and catches. Recreational catches of certain species of high commercial value should be indicated by means of the ablation of part of the tail fin, so that those catches cannot easily be used illegally in commercial fish distribution channels.

Amendment 18

Proposal for a regulation

Recital 23

Text proposed by the Commission

Amendment

(23)	In order to comply with the landing obligation established by Article 15(1) of Regulation (EU) No 1380/2013, the plan should provide for additional management measures to be further specified in accordance with Article 18 of Regulation (EU) No 1380/2013.

(23)

In order to comply with the landing obligation established by Article 15(1) of Regulation (EU) No 1380/2013 and to minimise negative impacts on the ecosystem , the plan should provide for additional management measures , in particular measures to gradually avoid and eliminate discards and to minimise the negative impact of fishing on the ecosystem, taking into account the best available scientific advice, to be further specified , where appropriate, in accordance with Article 18 of Regulation (EU) No 1380/2013. It should also be specified that the landing obligation does not apply to recreational fishing. In the absence of joint recommendations, the Commission may adopt delegated acts.

Amendment 19

Proposal for a regulation

Recital 23 a (new)

Text proposed by the Commission

Amendment

(23a)

In order to protect sensitive species and habitats, in particular those critically endangered and impacted due to fishing pressure, the plan should establish management measures to the concerned fisheries including modification of vessel gears, modification of vessel activities, and modifications to the vessel itself. The plan should provide for additional management measures to be further specified in accordance with Article 18 of Regulation (EU) No 1380/2013. The Commission should be able to adopt implementing acts laying down a sea basin analysis, and the format and timetables for the submission and approval of management measures.

Amendment 20

Proposal for a Regulation

Recital 24 a (new)

Text proposed by the Commission

Amendment

(24a)

The Commission should submit an annual report to the European Parliament on the best available scientific advice, used for the determination of fishing opportunities or the application of safeguard measures by the Council, and should inform Parliament in advance when scientific advice could lead to significant variations in the determining of fishing opportunities.

Amendment 22

Proposal for a regulation

Recital 26

Text proposed by the Commission

Amendment

(26)

In order to adapt to the technical and scientific progress in a timely and proportionate fashion and to ensure flexibility and allow evolution of certain measures, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing this Regulation as regards remedial measures and implementation of the landing obligation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making (25). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(26)

In order to adapt to the technical and scientific progress in a timely and proportionate fashion and to ensure flexibility and allow evolution of certain measures, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of supplementing this Regulation as regards remedial measures and implementation of the landing obligation. It is of particular importance that the Commission carry out appropriate consultations with the Advisory Councils affected during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 (25) on Better Law-Making . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 23

Proposal for a Regulation

Recital 28

Text proposed by the Commission

Amendment

(28)

Applying dynamic references to ranges of FMSY and to conservation reference points guarantees that these parameters, which are essential for setting fishing opportunities, do not become outdated and the Council is always able to use the best available scientific advice. Moreover, that approach providing dynamic references to the best available scientific advice should be followed for managing stocks in the Baltic Sea. The Commission should also submit an annual report to the European Parliament on the best available scientific advice used, and should inform Parliament in advance when scientific advice could lead to significant variations in the determining of fishing opportunities. In this context, 'best available scientific advice' refers to publicly available scientific advice which is peer reviewed by the Scientific, Technical and Economic Committee for Fisheries (STECF) or other appropriate scientific bodies such as the International Council for the Exploration of the Sea (ICES). It shall be supported by the most up-to-date scientific data and methods available and meet the requirements of Article 25 of Regulation (EU) No 1380/2013 .

Amendment 24

Proposal for a Regulation

Article 1 — paragraph 1 — introductory part

Text proposed by the Commission	Amendment
1. This Regulation establishes a multiannual plan ('plan') for the following demersal stocks, including deep-sea stocks, in the Western Waters , including the fisheries exploiting those stocks , and, where those stocks extend beyond the Western Waters, in its adjacent waters:	1. This Regulation establishes a multiannual plan ('plan') for the demersal stocks listed below , including deep-sea stocks, in the Western Waters, and, where those stocks extend beyond the Western Waters, in its adjacent waters where they do not fall under the sovereignty or jurisdiction of a third country, and for fisheries exploiting those stocks :

Amendment 25

Proposal for a Regulation

Article 1 — paragraph 1 — point 4

Text proposed by the Commission

Amendment

(4)	Seabass (Dicentrarchus labrax) in divisions 4b, 4c, 7a, and 7d–h;

(4)	Seabass (Dicentrarchus labrax) in divisions 4b, 4c, 7a, 7b, 7d–h , 7j, subarea 8 and division 9a ;

Amendment 26

Proposal for a regulation

Article 1 — paragraph 1 — subparagraph 1 — point 23 — indent 1

Text proposed by the Commission

Amendment

—	In Southern Bay of Biscay (FU 25 );

—	In the Bay of Biscay (FU 23-24 );

Amendment 27

Proposal for a regulation

Article 1 — paragraph 1 — subparagraph 1 — point 24 — indent 1

Text proposed by the Commission

Amendment

—	In Western Galicia (FU 26 -27 );

—	In Western Galicia (FU 26);

Amendment 28

Proposal for a regulation

Article 1 — paragraph 1 — subparagraph 1 — point 24 — indent 2

Text proposed by the Commission

Amendment

—	In Iberian waters (FU 28-29);

deleted

Amendment 29

Proposal for a regulation

Article 1 — paragraph 1 — subparagraph 1 — point 24 — indent 2 a (new)

Text proposed by the Commission

Amendment

—	North of Portugual (FU 27)

Amendment 30

Proposal for a regulation

Article 1 — paragraph 1 — subparagraph 1 — point 24 — indent 2 b (new)

Text proposed by the Commission

Amendment

—	Portuguese waters (southern Portugal and the Algarve) (FU 28-29)

Amendment 31

Proposal for a regulation

Article 1 — paragraph 1 — subparagraph 2

Text proposed by the Commission

Amendment

Where scientific advice indicates a change in the geographical distribution of the stocks listed in the first subparagraph of this paragraph, the Commission may adopt delegated acts in accordance with Article 15 amending this Regulation by adjusting the areas specified above in order to reflect that change. Such adjustments shall not extend the stock areas beyond Union waters of subareas 4 to 10, and the CECAF zones 34.1.1, 34.1.2 and 34.2.0.

Where the best scientific advice available, in particular that of the International Council for the Exploration of the Sea (ICES), indicates a change in the geographical distribution of the stocks listed in the first subparagraph of this paragraph, the Commission may adopt delegated acts in accordance with Article 15 amending this Regulation by adjusting the areas specified above in order to reflect that change. Such adjustments shall not extend the stock areas beyond Union waters of subareas 4 to 10, and the CECAF zones 34.1.1, 34.1.2 and 34.2.0.

Amendment 32

Proposal for a regulation

Article 1 — paragraph 2

Text proposed by the Commission	Amendment
2. Where on the basis of scientific advice the Commission considers that the list of stocks set out in the first subparagraph of paragraph 1 needs to be amended, the Commission may submit a proposal for the amendment of that list.	2. Where on the basis of best available scientific advice the Commission considers that the list of stocks set out in the first subparagraph of paragraph 1 needs to be amended, the Commission may submit a proposal for the amendment of that list.

Amendment 33

Proposal for a Regulation

Article 1 — paragraph 3

Text proposed by the Commission	Amendment
3. In respect to adjacent waters covered in paragraph 1 of this Article, only Articles 4 and 6 and the measures related to fishing opportunities under Article 7 of this Regulation shall apply.	3. In respect to adjacent waters covered in paragraph 1 of this Article, only Articles 4 and 6, the measures related to fishing opportunities under Article 7 , Article 9(3a) and Article 9a of this Regulation shall apply.

Amendment 34

Proposal for a regulation

Article 1 — paragraph 4

Text proposed by the Commission	Amendment
4. This Regulation also applies to by-catches caught in the Western Waters when fishing for the stocks listed in paragraph 1 . However, where ranges of FMSY and safeguards linked to biomass for those stocks are established under other Union legal acts establishing multiannual plans, those ranges and safeguards shall apply.	4. This Regulation also applies to by-catches caught in the Western Waters when fishing for the demersal stocks listed in paragraph 1 and shall ensure that exploitation of all living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield, in accordance with Article 2(2) of Regulation (EU) No 1380/2013

Amendment 35

Proposal for a regulation

Article 1 — paragraph 4 a (new)

Text proposed by the Commission

Amendment

4a. This Regulation also specifies details for the implementation of measures to minimise the impact of the fisheries on the marine environment, in particular the incidental catches of protected species, in Union waters of the Western Waters for all fisheries fishing in those waters. The Commission may adopt implementing acts laying down a sea basin analysis, and the format and timetables for the submission and approval of management measures.

Amendment 36

Proposal for a regulation

Article 1 — paragraph 5

Text proposed by the Commission	Amendment
5. This Regulation also specifies details for the implementation of the landing obligation in Union waters of the Western Waters for all stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013.	5. This Regulation also specifies details for the implementation of the landing obligation in Union waters of the Western Waters for stocks of species to which the landing obligation applies under Article 15 of Regulation (EU) No 1380/2013 , and which are caught in demersal fisheries .

Amendment 37

Proposal for a regulation

Article 1 — paragraph 6

Text proposed by the Commission	Amendment
6. This Regulation provides for technical measures, as set out in article 8, applicable in the Western Waters in respect of any stock.	6. This Regulation provides for technical measures for commercial and recreational fisheries , as set out in article 8, applicable in the Western Waters in respect of any demersal stock.

Amendment 38

Proposal for a regulation

Article 2 — paragraph 1 — point 2

Text proposed by the Commission

Amendment

(2)

'Range of FMSY' means a range of values provided in the best available scientific advice, in particular from the International Council on the Exploration of the Sea (ICES), where all levels of fishing mortality within that range, result in maximum sustainable yield (MSY) in the long term given a fishing pattern and under existing average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the maximum sustainable yield. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (Blim) is no more than 5 %;

(2)

'Range of FMSY' means a range of values provided in the best available scientific advice, in particular from the International Council on the Exploration of the Sea (ICES) , or similar independent scientific body recognised by the Union or internationally , where all levels of fishing mortality within that range, result in maximum sustainable yield (MSY) in the long term given a fishing pattern and under existing average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the maximum sustainable yield. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (Blim) is no more than 5 %;

Amendment 39

Proposal for a regulation

Article 2 — paragraph 1 — point 5

Text proposed by the Commission

Amendment

(5)	'FMSY point value ' is the value of the estimated fishing mortality that with a given fishing pattern and current environmental conditions gives the long-term maximum yield.

(5)	'FMSY' is the value of the estimated fishing mortality that with a given fishing pattern and current environmental conditions gives the long-term maximum yield.

Amendment 40

Proposal for a regulation

Article 2 — paragraph 1 — point 8

Text proposed by the Commission

Amendment

(8)	'Blim' means the stock size reference point provided in the best available scientific advice, in particular by ICES, below which there may be reduced reproductive capacity;

(8)	'Blim' means the stock size reference point provided in the best available scientific advice, in particular by ICES, or a similar independent scientific body recognised by the Union or internationally, below which there may be reduced reproductive capacity;

Amendment 41

Proposal for a regulation

Article 2 — paragraph 1 — point 9

Text proposed by the Commission

Amendment

(9)

'MSY Btrigger' means the spawning stock biomass, or in the case of Norway lobster — abundance, reference point provided in the best available scientific advice, in particular from ICES, below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term.

(9)

'MSY Btrigger' means the spawning stock biomass, or in the case of Norway lobster — abundance, reference point provided in the best available scientific advice, in particular from ICES , or similar independent scientific body recognised by the Union or internationally , below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term.

Amendment 91

Proposal for a regulation

Article 2 — paragraph 1 — point 9 a (new)

Text proposed by the Commission

Amendment

(9a)

'Best available scientific advice' refers to publicly available scientific advice that is supported by the most up-to-date scientific data and methods which has either been issued or peer-reviewed by an independent international scientific body that is recognised at Union or international level, such as the Scientific, Technical and Economic Committee for Fisheries (STECF) and the International Council for the Exploration of the Sea (ICES), and meets the requirements of Article 25 of Regulation (EU) No 1380/2013.

Amendment 43

Proposal for a regulation

Article 3 — paragraph 1

Text proposed by the Commission	Amendment
1. The plan shall contribute to the achievement of the objectives of the common fisheries policy listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce MSY.	1. The plan shall contribute to the achievement of the objectives of the common fisheries policy listed in Article 2 of Regulation (EU) No 1380/2013, in particular by applying the precautionary approach to fisheries management, and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce MSY. In addition to pursuing environmental sustainability, the plan shall be managed in a manner consistent with the objectives of generating economic, social and employment benefits, while contributing to the availability of food products.
	The maximum sustainable yield exploitation rate shall be achieved gradually for all stocks, and by 2020 at the latest, and shall be maintained thereafter.

Amendment 44

Proposal for a regulation

Article 3 — paragraph 2

Text proposed by the Commission	Amendment
2. The plan shall contribute to the elimination of discards, by avoiding and reducing, as far as possible, unwanted catches, and to the implementation of the landing obligation established in Article 15 of Regulation (EU) No 1380/2013 for the species which are subject to catch limits and to which this Regulation applies.	2. The plan shall contribute to the elimination of discards, by avoiding and reducing, as far as possible, including by the use of innovative selective fishing gear and techniques, unwanted catches, and to the implementation of the landing obligation established in Article 15 of Regulation (EU) No 1380/2013 for the species which are subject to catch limits and to which this Regulation applies.

Amendment 45

Proposal for a regulation

Article 3 — paragraph 3

Text proposed by the Commission

Amendment

3. The plan shall implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. It shall be coherent with Union environmental legislation, in particular with the objective of achieving good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC and the objectives set out in Articles 4 and 5 of Directive 2009/147/EC and Articles 6 and 12 of Council Directive 92/43/EEC

3. The plan shall implement the ecosystem-based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem , and in particular on vulnerable habitats and protected species, including marine mammals, marine reptiles, seabirds, seamounts, deep-sea reefs and coral gardens or sponges aggregations, are minimised and preferably eliminated ensuring that fishermen continue to fish sustainably and selectively . It shall be coherent with Union environmental legislation, in particular with the objective of achieving good environmental status by 2020 as set out in Article 1(1) of Directive 2008/56/EC and the objectives set out in Directive 2009/147/EC and Council Directive 92/43/EEC.

Amendment 46

Proposal for a regulation

Article 3 — paragraph 4 — point b

Text proposed by the Commission

Amendment

(b)	contribute to the fulfilment of other relevant descriptors contained in Annex I to Directive 2008/56/EC in proportion to the role played by fisheries in their fulfilment .

(b)	ensure that negative impacts of fishing on the marine environment are minimised, in particular regarding vulnerable habitats and protected species, including marine mammals and seabirds .

Amendment 47

Proposal for a regulation

Article 3 — paragraph 5

Text proposed by the Commission

Amendment

5. Measures under the plan shall be taken in accordance with the best available scientific advice. Where there is insufficient data, a comparable degree of conservation of the relevant stocks shall be pursued.

5. Measures under the plan shall be taken in accordance with the best available scientific advice . Best available scientific advice shall be peer reviewed by reliable and appropriate scientific bodies such as the International Council for the Exploration of the Sea (ICES) or the Scientific, Technical and Economic Committee for Fisheries (STECF). It shall be made publicly available at the latest when those measures are proposed by the Commission . Where there is insufficient data, a comparable degree of conservation of the relevant stocks shall be pursued.

Amendment 48

Proposal for a regulation

Article 4 — paragraph 2

Text proposed by the Commission	Amendment
2. Those ranges of FMSY based on this Plan shall be requested from ICES.	2. Those ranges of FMSY based on this Plan shall be requested from ICES , or a similar independent scientific body recognised by the Union or internationally .

Amendment 49

Proposal for a regulation

Article 4 — paragraph 5 — point a

Text proposed by the Commission

Amendment

(a)	if, on the basis of scientific advice or evidence, it is necessary for the achievement of the objectives laid down in Article 3 in the case of mixed fisheries;

(a)	if, on the basis of scientific advice or evidence, it is necessary for the achievement of the objectives laid down in Article 3 in the case of mixed and/or multispecies fisheries, in particular to limit the induced socio-economic constraints on fisheries;

Amendment 50

Proposal for a regulation

Article 4 — paragraph 5 — point c

Text proposed by the Commission

Amendment

(c)	in order to limit variations in fishing opportunities between consecutive years to not more than 20 %.

(c)	in order to limit variations in fishing opportunities between consecutive years to not more than 20 % , except in those cases in which 'choke' situations or other situations which paralyse or significantly affect the activity of some fleets are alleviated .

Amendment 51

Proposal for a regulation

Article 4 — paragraph 6 a (new)

Text proposed by the Commission	Amendment
	6a. In order to avoid a situation in which short-term management hinders the implementation of multiannual management and in order to encourage the participation of stakeholders in the decision-making process, it shall be possible to approve, within the framework of this Regulation, exploitation rules via regionalisation.

Amendment 52

Proposal for a regulation

Article 5 — paragraph 2

Text proposed by the Commission	Amendment
2. Those stocks shall be managed under the precautionary approach to fisheries management as defined in point 8 of Article 4 (1) of Regulation (EU) No 1380/2013 when no adequate scientific information is available.	2. Those stocks shall be managed under the precautionary approach to fisheries management as defined in point 8 of Article 4 (1) of Regulation (EU) No 1380/2013 when no adequate scientific information is available and shall ensure at least a comparable degree of conservation to MSY as set out in Article 9(2) of Regulation (EU) No 1380/2013

Amendment 53

Proposal for a regulation

Article 5 — paragraph 3

Text proposed by the Commission	Amendment
3. In accordance with Article 9(5) of Regulation (EU) No 1380/2013, the management of mixed fisheries with regard to stocks referred to in Article 1(4) of this Regulation shall take into account the difficulty of fishing all stocks at MSY at the same time, especially in situations where this leads to a premature closure of the fishery.	3. In accordance with Article 9(5) of Regulation (EU) No 1380/2013, the management of mixed and/or multispecies fisheries with regard to stocks referred to in Article 1(4) of this Regulation shall take into account the difficulty of fishing all stocks at MSY at the same time, especially in situations where this leads to a premature closure of the fishery.

Amendment 54

Proposal for a regulation

Article 6 — paragraph 1 — introductory part

Text proposed by the Commission	Amendment
The following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) shall be requested from ICES based on this Plan :	The following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) shall , based on this plan, be requested from ICES , or a similar independent scientific body recognised by the Union or internationally, and in line with the definition of best available scientific advice :

Amendment 55

Proposal for a regulation

Article 7 — paragraph 1

Text proposed by the Commission

Amendment

1. When scientific advice indicates that for a given year the spawning biomass, and in the case of Norway lobster stocks — abundance, of any of the stocks referred to in Article 1(1) is below the MSY Btrigger, all appropriate remedial measures shall be adopted to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing MSY. In particular, by way of derogation from Article 4(3) and (5) fishing opportunities shall be set at levels consistent with a fishing mortality that is reduced below the upper range of FMSY, taking into account the decrease in biomass.

1. When scientific advice indicates that for a given year the spawning biomass, and in the case of Norway lobster stocks — abundance, of any of the demersal stocks referred to in Article 1(1) is below the MSY Btrigger, all appropriate remedial measures shall be adopted to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing MSY. In particular, by way of derogation from Article 4(3) and (5) fishing opportunities shall be set at levels consistent with a fishing mortality that is reduced below the upper range of FMSY, taking into account the decrease in biomass.

Amendment 56

Proposal for a regulation

Article 7 — paragraph 2

Text proposed by the Commission

Amendment

2. When scientific advice indicates that the spawning stock biomass, and in the case of Norway lobster stocks — abundance, of any of the stocks referred to in Article 1(1) is below the Blim, further remedial measures shall be taken to ensure rapid return of the stock or functional unit concerned to levels above the level capable of producing MSY. In particular, those remedial measures may include, by way of derogation from Article 4 (3) and (5), suspending the targeted fishery for the stock or functional unit concerned and the adequate reduction of fishing opportunities.

2. When scientific advice indicates that the spawning stock biomass, and in the case of Norway lobster stocks — abundance, of any of the demersal stocks referred to in Article 1(1) is below the Blim, further remedial measures shall be taken to ensure rapid return of the stock or functional unit concerned to levels above the level capable of producing MSY. In particular, those remedial measures may include, by way of derogation from Article 4 (3) and (5), suspending the targeted fishery for the stock or functional unit concerned and the adequate reduction of fishing opportunities.

Amendment 58

Proposal for a Regulation

Article 8 — paragraph 1 — introductory part

Text proposed by the Commission	Amendment
1. The Commission is empowered to adopt delegated acts in accordance with Article 15 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 in order to supplement this Regulation regarding the following technical measures:	1. The Commission is empowered to adopt delegated acts in accordance with Article 15 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 in order to supplement this Regulation regarding the following technical measures for fisheries exploiting demersal stocks in Western Waters :

Amendment 59

Proposal for a regulation

Article 8 — paragraph 1 — point a

Text proposed by the Commission

Amendment

(a)	specifications of characteristics of fishing gears and rules governing their use, to ensure or improve selectivity, to reduce unwanted catches or to minimise the negative impact on the ecosystem;

(a)	specifications of characteristics of fishing gears and rules governing their use, to ensure or improve selectivity, to reduce unwanted catches , particularly of juveniles, or to minimise the negative impact on the ecosystem;

Amendment 60

Proposal for a regulation

Article 8 — paragraph 2

Text proposed by the Commission	Amendment
2. The measures referred to in paragraph 1 of this Article shall contribute to the achievement of the objectives set out in Article 3.	2. The measures referred to in paragraph 1 of this Article shall contribute to the achievement of the objectives set out in Article 3 and are applicable to both commercial and recreational fisheries .

Amendment 61

Proposal for a Regulation

Article 8 a (new)

Text proposed by the Commission

Amendment

Article 8 a

Closed seasons/areas for the fishing of sea bass

1. Commercial and recreational fishing of sea bass shall be prohibited in western waters and in the ICES divisions 4b and 4c between 1 February and 30 April. It shall be prohibited for vessels to retain on board, transship, relocate, land or conserve sea bass caught on shores in those areas.

2. It shall also be prohibited for Union fishing vessels to fish sea bass in ICES divisions 7b, 7c, 7j and 7k, and in waters of ICES divisions 7a and 7 g that are more than 12 nautical miles from the baseline under the sovereignty of the United Kingdom. It shall be prohibited for Union fishing vessels to retain on board, transship, relocate or land sea bass caught in those areas.

Amendment 62

Proposal for a Regulation

Article 9 — paragraph 3

Text proposed by the Commission	Amendment
3. Without prejudice to Article 7, the total allowable catch for the stocks of Norway lobster in the Western Waters may be the sum of the catch limits of the functional units and of the statistical rectangles outside the functional units.	3. Without prejudice to Article 7, the total allowable catch for a stock of Norway lobster may be the sum of the catch limits of the functional units and of the statistical rectangles outside the functional units of the area defined for that stock .

Amendment 64

Proposal for a Regulation

Article 9 — paragraph 4

Text proposed by the Commission	Amendment
4. When scientific advice indicates that recreational fisheries have a significant impact on the fishing mortality of a particular stock, the Council shall take them into account and may limit recreational fisheries when setting fishing opportunities in order to avoid exceeding the total target of fishing mortality.	deleted

Amendment 65

Proposal for a Regulation

Article 9 a (new)

Text proposed by the Commission	Amendment
	Article 9a
	Recreational fisheries
	1. Member States shall take account of fishing mortality in recreational fisheries when allocating the fishing opportunities they have and which are referred to in Article 16 of Regulation (EU) No 1380/2013, so that the total fishing mortality target is not exceeded.
	When scientific advice indicates that recreational fishing is having a significant impact on the fishing mortality of a stock referred to in Article 1(1) of this Regulation, the Council may establish non-discriminatory individual fishing opportunities for recreational fishermen.
	2. The Council shall refer to transparent and objective criteria, including those of an environmental, social and economic nature, when setting fishing opportunities for recreational fishing. The criteria used may include, in particular, the impact of these fishing activities on the environment, the societal importance of this activity and its contribution to the economy in coastal areas.
	3. Member States shall take the necessary and proportionate measures for the monitoring and collection of data for a reliable estimation of the actual catch levels referred to in paragraph 1.

Amendment 66

Proposal for a Regulation

Article 9 b (new)

Text proposed by the Commission	Amendment
	Article 9b
	Marking recreational catches
	1. Specimens of sea bass, cod, pollack and sole caught in the areas and stocks referred to in Article 1(1) shall be marked when kept by a recreational fisherman.
	2. This marking consists of the removal of the lower part or the upper part of the caudal fin, but in such a way that does not prevent the measurement of the size of the fish.
	3. The marking shall be carried out immediately after the capture and killing of the fish, either on the shore or on board if the fishing activity is carried out on a boat. However, specimens brought on board a recreational fishing vessel and kept alive and in good condition before being released shall not be marked.

Amendment 67

Proposal for a regulation

Article 10 — paragraph 1

Text proposed by the Commission

Amendment

For all stocks of species in the Western Waters to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013, the Commission is empowered to adopt delegated acts in accordance with Article 15 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 in order to supplement this Regulation by specifying details of that obligation as provided for in points (a) to (e) of Article 15(5) of Regulation (EU) No 1380/2013.

For all stocks of demersal species in the Western Waters to which the landing obligation applies under Article 15(1) of Regulation (EU) No 1380/2013, and for incidental catches of pelagic species in fisheries exploiting stocks referred to in Article 1(1) to which the landing obligation applies, the Commission is empowered to adopt delegated acts in accordance with Article 15 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 in order to supplement this Regulation by specifying details of that obligation as provided for in points (a) to (e) of Article 15(5) of Regulation (EU) No 1380/2013.

Amendment 68

Proposal for a Regulation

Article 10 — paragraph 1 a (new)

Text proposed by the Commission	Amendment
	The landing obligation referred to in Article 15(1) of Regulation (EU) No 1380/2013 shall not apply to recreational fishing, including in cases where the Council fixes individual fishing opportunities in accordance with Article 9a of this Regulation.

Amendment 69

Proposal for a regulation

Article 10 a (new)

Text proposed by the Commission	Amendment
	Article 10a Artisanal and coastal fishing in outermost regions This Regulation shall take into account the constraints related to the size of artisanal and coastal fishing vessels used in the outermost regions. The landing of by-catches, in so far as it does not exacerbate the impact on spawning stock biomass, shall accordingly be permitted.

Amendment 70

Proposal for a Regulation

Article 11 — paragraph 1

Text proposed by the Commission

Amendment

1. For each of the ICES zones referred to in Article 1(1) of this Regulation, each Member State shall issue fishing authorisations in accordance with Article 7 of Council Regulation (EC) No 1224/2009 for vessels flying its flag which engage in fishing activities in that area. In such fishing authorisations, Member States may also limit the total capacity expressed in kW of such vessels using a specific gear.

1. For the ICES zones referred to in Article 1(1) of this Regulation, each Member State shall issue fishing authorisations in accordance with Article 7 of Council Regulation (EC) No 1224/2009 for vessels flying its flag which engage in fishing activities in that area.

Amendment 71

Proposal for a regulation

Article 11 — paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. In fishing authorisations referred to in paragraph 1, Member States may also limit the total capacity of such vessels using a specific gear.

Amendment 72

Proposal for a Regulation

Article 11 — paragraph 1 b (new)

Text proposed by the Commission	Amendment
	1b. The Commission shall be empowered to adopt delegated acts in accordance with Article 13 of this Regulation and Article 18 of Regulation (EU) No 1380/2013 in order to set limits regarding the total capacity of the fleets of the Member States concerned so as to facilitate achievement of the objectives set out in Article 3.

Amendment 73

Proposal for a Regulation

Article 13 — paragraph 1

Text proposed by the Commission	Amendment
1. Article 18 (1) to (6) of Regulation (EU) No 1380/2013 shall apply to measures referred to in Articles 8 and 10 of this Regulation.	1. Article 18(1) to (6) of Regulation (EU) No 1380/2013 shall apply to measures referred to in Articles 8, 10 and 11b of this Regulation.

Amendment 74

Proposal for a regulation

Article 13 — paragraph 2

Text proposed by the Commission

Amendment

2. For the purpose of paragraph 1 of this Article, Member States having direct management interest in the North Western waters and Member States having direct management interest in the South Western waters may submit joint recommendations in accordance with Article 18(1) of Regulation (EU) No 1380/2013 for the first time not later than twelve months after the entry into force of this Regulation and thereafter twelve months after each submission of the evaluation of the plan in accordance with Article 14. They may also submit such recommendations when deemed necessary by them , in particular in the event of an abrupt change in the situation for any of the stocks to which this Regulation applies. Joint recommendations in respect of measures concerning a given calendar year shall be submitted no later than 1 July of the previous year.

2. For the purpose of paragraph 1 of this Article, Member States having direct management interest in the North Western waters and Member States having direct management interest in the South Western waters may submit joint recommendations in accordance with Article 18(1) of Regulation (EU) No 1380/2013 for the first time not later than twelve months after the entry into force of this Regulation and thereafter twelve months after each submission of the evaluation of the plan in accordance with Article 14. They may also submit further recommendations when necessary, in particular in the event of a change in the situation of any of the stocks to which this Regulation applies , as well as to set out a plan which contains measures to implement the ecosystem based approach to fisheries management in the Western Waters . Joint recommendations in respect of measures concerning a given calendar year shall be submitted no later than 1 July of the previous year , or as soon as possible when such joint recommendations wish to tackle emergency situations identified by the latest scientific advice .

Amendment 90

Proposal for a regulation

Article 13 — paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. Notwithstanding Article 18(1) and (3) of Regulation (EU) No 1380/2013, the Commission may adopt delegated acts also in the absence of a joint recommendation as referred to in those paragraphs.

Amendment 75

Proposal for a Regulation

Article 13 a (new)

Text proposed by the Commission	Amendment
	Article 13a
	Follow-up and advance notice of modifications to scientific advice
	1. Each year by 1 April, the Commission shall inform the European Parliament of the best available scientific advice that served as a basis for Council decisions on the determination of fishing opportunities under this Regulation between 1 February of the previous year and 31 January of the current year.
	For all stocks and fish species concerned, this report shall, in particular, reflect the fishing opportunities fixed by the Council under Articles 4 and 5 and, where appropriate, Article 7 of this Regulation, also specifying the corresponding values expressed as fishing mortality. Those data shall be compared to the scientific advice used to establish fishing mortality ranges (MSY Flower, FMSY and MSY Fupper and their corresponding fishing opportunities), spawning stock biomass estimates and biomass reference thresholds (MSY Btrigger and Blim).
	2. As soon as possible after being informed, and in any event before the adoption of a new Council decision on the determination of fishing opportunities, the Commission shall notify the European Parliament of situations where the most recent FMSY data correspond to variations in fishing opportunities that deviate by more than 20 % from the fishing opportunities corresponding to the FMSY point value quoted in the scientific advice used for the determination of fishing opportunities for the current period. The Commission shall likewise inform the European Parliament, as soon as possible and in any case before the adoption of a new Council decision, of cases where scientific advice relating to the different breeding stock biomass reference levels justifies recourse to safeguard measures under Article 7.

Amendment 76

Proposal for a Regulation

Article 14 — title

Text proposed by the Commission	Amendment
Evaluation of the plan	Evaluation and implementation of the plan

Amendment 78

Proposal for a Regulation

Article 15 — paragraph 2

Text proposed by the Commission

Amendment

2. The delegation of power referred to in Articles 1(1), 8 and 10 shall be conferred on the Commission for a period of five years from the date of the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

2. The delegation of power referred to in Articles 1(1), 8, 10 and 11(1b) shall be conferred on the Commission for a period of five years from the date of the entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Amendment 79

Proposal for a Regulation

Article 15 — paragraph 3

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Articles 1(1), 8 and 10 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 1(1), 8, 10 and 11(1b) 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 80

Proposal for a Regulation

Article 15 — paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Articles 1(1), 8 and 10 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 to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6. A delegated act adopted pursuant to the second subparagraph of Article 1(1), 8, 10 and 11(1b) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Amendment 81

Proposal for a regulation

Article 17 — paragraph 1 — point 1

Regulation (EU) 2016/1139

Article 2 — paragraph 1 — point 2

Text proposed by the Commission

Amendment

(2)

'Range of FMSY' means a range of values provided in the best available scientific advice, in particular from the International Council on the Exploration of the Sea (ICES) , or a similar independent scientific body recognised by the Union or internationally , where all levels of fishing mortality within that range, result in maximum sustainable yield (MSY) in the long term given a fishing pattern and under existing average environmental conditions without significantly affecting the reproduction process for the stock in question. It is derived to deliver no more than a 5 % reduction in long-term yield compared to the maximum sustainable yield. It is capped so that the probability of the stock falling below the limit spawning stock biomass reference point (Blim) is no more than 5 %;

Amendment 82

Proposal for a regulation

Article 17 — paragraph 1 — point 1

Regulation (EU) 2016/1139

Article 2 — paragraph 1 — point 8

Text proposed by the Commission

Amendment

(8)	'Blim' means the stock size reference point provided in the best available scientific advice, in particular by ICES, below which there may be reduced reproductive capacity;

(8)	'Blim' means the stock size reference point provided in the best available scientific advice, in particular by ICES, or a similar independent scientific body recognised by the Union or internationally, below which there may be reduced reproductive capacity;

Amendment 83

Proposal for a regulation

Article 17 — paragraph 1 — point 1

Regulation (EU) 2016/1139

Article 2 — paragraph 1 — point 9

Text proposed by the Commission

Amendment

(9)

'MSY Btrigger' means the spawning stock biomass reference point provided in the best available scientific advice, in particular from ICES, below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term;

(9)

'MSY Btrigger' means the spawning stock biomass reference point provided in the best available scientific advice, in particular from ICES , or a similar independent scientific body recognised by the Union or internationally , below which specific and appropriate management action is to be taken to ensure that exploitation rates in combination with natural variations rebuild stocks above levels capable of producing MSY in the long term;

Amendment 84

Proposal for a regulation

Article 17 — paragraph 1 — point 2

Regulation (EU) 2016/1139

Article 4 — paragraph 2

Text proposed by the Commission	Amendment
2. Those ranges of FMSY based on this Plan shall be requested from ICES.	2. Those ranges of FMSY based on this Plan shall be requested from ICES , or similar independent scientific body recognised by the Union or internationally .

Amendment 85

Proposal for a regulation

Article 17 — paragraph 1 — point 2

Regulation (EU) 2016/1139

Article 4 — paragraph 5 — point c

Text proposed by the Commission

Amendment

(c)	in order to limit variations in fishing opportunities between consecutive years to not more than 20 %.

(c)	in order to limit variations in fishing opportunities between consecutive years to not more than 20 % , except in those cases in which 'choke' situations or other situations which paralyse or significantly affect the activity of some fleets are alleviated .

Amendment 86

Proposal for a regulation

Article 17 — paragraph 1 — point 3

Regulation (EU) 2016/1139

Article 4a — paragraph 1 — introductory part

Text proposed by the Commission	Amendment
The following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) shall be requested from ICES based on this Plan:	The following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in Article 1(1) shall be requested from ICES , or a similar independent scientific body recognised by the Union or internationally, based on this Plan:

Amendment 88

Proposal for a Regulation

Article 17 — paragraph 1 — point 4 a (new)

Regulation (EU) 2016/1139

Article - 15 (new)

Text proposed by the Commission

Amendment

4a.

In Chapter IX, the following Article is inserted:

'Article - 15

Follow-up and advance notice of changes to the scientific opinion

1. Each year by 1 April, the Commission shall inform the European Parliament of the best available scientific advice that has been used as a reference for Council decisions on the determination of fishing opportunities under this Regulation between 1 February of the previous year and 31 January of the current year.

For all stocks and fish species concerned, this report shall, in particular, reflect the fishing opportunities fixed by the Council under Articles 4 and 5 and, where appropriate, Article 7 of this Regulation, also specifying the corresponding values expressed as fishing mortality. These data shall be compared to the scientific advice used to establish fishing mortality ranges (MSY Flower, FMSY and MSY Fupper and their corresponding fishing opportunities), spawning stock biomass estimates and biomass reference thresholds (MSY Btrigger and Blim).

2. As soon as possible after being informed and in any case before the adoption of a new Council decision on the establishment of fishing opportunities, the Commission shall notify the European Parliament, of situations where the most recent FMSY scientific data correspond to variations in fishing opportunities that deviate by more than 20 % from the fishing opportunities corresponding to the FMSY value quoted in the scientific advice used for the determination of fishing opportunities for the current period. The Commission shall likewise inform the European Parliament, as soon as possible and in any case before the adoption of a new Council decision, of cases where scientific advice relating to the different breeding stock biomass reference levels justifies recourse to safeguard measures under Article 7.';

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0310/2018).

(18) Council Regulation (EC) No 811/2004 of 21.4.2004 establishing measures for the recovery of the Northern hake stock (OJ L 150, 30.4.2004, p. 1)

(19) Council Regulation (EC) No 2166/2005 of 20 December 2005 establishing measures for the recovery of the Southern hake and Norway lobster stocks in the Cantabrian Sea and Western Iberian peninsula and amending Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (OJ L 345, 28.12.2005, p. 5)

(20) Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay (OJ L 65, 7.3.2006, p. 1)

(21) Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel (OJ L 122, 11.5.2007, p. 7)

(22) Council Regulation (EC) No 1300/2008 of 18 December 2008 establishing a multi-annual plan for the stock of herring distributed to the west of Scotland and the fisheries exploiting that stock (OJ L 344, 20.12.2008, p. 6)

(23) Council Regulation (EC) No 1342/2008 of 18 December 2008 establishing a long-term plan for cod stocks and the fisheries exploiting those stocks and repealing Regulation (EC) No 423/2004 (OJ L 348, 24.12.2008, p. 20)

(18) Council Regulation (EC) No 811/2004 of 21.4.2004 establishing measures for the recovery of the Northern hake stock (OJ L 150, 30.4.2004, p. 1)

(20) Council Regulation (EC) No 388/2006 of 23 February 2006 establishing a multiannual plan for the sustainable exploitation of the stock of sole in the Bay of Biscay (OJ L 65, 7.3.2006, p. 1)

(21) Council Regulation (EC) No 509/2007 of 7 May 2007 establishing a multi-annual plan for the sustainable exploitation of the stock of sole in the Western Channel (OJ L 122, 11.5.2007, p. 7)

(24) EU request to ICES to provide FMSY ranges for selected stocks in ICES subareas 5 to 10.

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

(27) Regulation (EU) 2016/1139 of the European Parliament and of the Council of 6 July 2016 establishing a multiannual plan for the stocks of cod, herring and sprat in the Baltic Sea and the fisheries exploiting those stocks, amending Council Regulation (EC) No 2187/2005 and repealing Council Regulation (EC) No 1098/2007 (OJ L 191, 15.7.2016, p. 1).

16.10.2020

Official Journal of the European Union

C 345/452

P8_TA(2018)0426

Location of the seat of the European Banking Authority ***I

European Parliament legislative resolution of 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1093/2010 as regards the location of the seat of the European Banking Authority (COM(2017)0734 — C8-0420/2017 — 2017/0326(COD))

(Ordinary legislative procedure: first reading)

(2020/C 345/52)

The European Parliament,

—	having regard to the Commission proposal to Parliament and the Council (COM(2017)0734),

—	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 (C8-0420/2017),

—

having regard to Article 295 of the Treaty on the Functioning of the European Union as well as the Interinstitutional Agreement of 13 April 2016 between the European Parliament, the Council and the Commission on Better Law-Making, which are committed to sincere and transparent cooperation throughout the entire legislative cycle and the equality of both co-legislators;

—	having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

—	having regard to the Joint Statement of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies from 19 July 2012,

—

having regard to the Procedure leading up to a decision on the relocation of the European Medicines Agency and the European Supervisory Authority (European Banking Authority) (EBA) in the context of the United Kingdom's withdrawal from the Union, as endorsed in the margins of the European Council (Article 50 TEU format) on 22 June 2017;

—	after consulting the European Central Bank;

—	having regard to the opinion of the European Economic and Social Committee of 17 January 2018 (1),

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 17 October 2018 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 opinions of the Committee on Budgets and the Committee on Constitutional Affairs (A8-0153/2018),

Adopts its position at first reading hereinafter set out;

Takes note of the statement by the Council annexed to this resolution;

Calls for an immediate review of the Common Approach annexed to the Joint Statement of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies of 19 July 2012 in order to take due account of the role of Parliament in the decision-making process on the location of agencies in view of its prerogatives as co-legislator under the ordinary legislative procedure and calls therefore for a close involvement of Parliament in that decision-making process;

Recalls criteria defined by the Commission and endorsed by the Heads of State or Government of the EU27 at the European Council (Article 50 TEU format) on 22 June 2017 for relocation of Union agencies from London in the context of the United Kingdom's withdrawal from the Union, namely: i. the assurance that the agency can be set up on site and take up its functions at the date of the United Kingdom's withdrawal from the Union; ii. the accessibility of the location; iii. the existence of adequate education facilities for the children of agency staff; iv. appropriate access to the labour market, social security and medical care for both children and spouses; v. business continuity and vi. geographical spread;

Deplores that Parliament was not involved in the definition and the weighting of the criteria to select the location of the seat of the EBA despite Parliament's prerogatives, whereby Parliament and the Council are equal co-legislators on Regulation (EU) No 1093/2010 (2) establishing EBA and defining its location;

Recalls that the 2010 decision on the location of EBA, along with the decision on the location of EIOPA and ESMA, was concluded in accordance with the ordinary legislative procedure following a full-fledged trilogue procedure; observes that the seat of the agency equally concerned by a relocation from London was decided by a common agreement between the representatives of the governments of the Member States, meeting at Head of State and Government level; points to the fact that the Council (Article 50 TEU format) selected the new seat of the EBA on the basis of the Joint Statement on decentralised agencies of 19 July 2012 which is of a lower legal order compared to Regulation (EU) No 1093/2010;

Deplores the lack of transparency and accountability, in the voting procedure the Council has undertaken on the 20 November 2017, leaving final decisions to the drawing of lots; points to the fact that the agencies are currently partly funded by the Union budget and that also relocation costs may partly occur at the expense of the Union budget which are subject to ongoing negotiations between the European Union and the United Kingdom; highlights therefore the need for democratic accountability as well as a transparent and understandable decision-making in the interest of the European public; Requests further details on the weighting of the criteria applied by the Council in the selection procedure for the location of EBA;

Believes that Parliament should be systematically and on equal terms with the Commission and Council involved in defining and weighting the criteria for the location of all Union bodies and agencies; requests the Commission and Council to launch a revision of the Joint Statement of 19 July 2012 on decentralised agencies with the aim of ensuring a strong involvement of Parliament whilst respecting in particular its co-decision powers;

Highlights the different tasks and areas of competence of the European Supervisory Authorities EBA, EIOPA and ESMA; recalls the deliberate decision of the co-legislators to set up three authorities with separate tasks and fields of competence, one for banking, one for securities and one for insurance and pensions; demands that this separation remains to be reflected in the regulatory and supervisory competences and the governance, the main organisation and main financing of their activities independent of their location, while allowing for sharing, where applicable, administrative support services and facility management services which are not related to core activities, requests the Commission and Council to safeguard the current set-up of the three authorities during and after the relocation of EBA; demands a regular update from the Commission in this regard, in particular during the ongoing legislative procedure on the review of the European Supervisory authorities (COM(2017)0536); recalls that Article 7 of Regulation (EU) No 1093/2010 is part of the legislative procedure under review of the European Supervisory Authorities (COM(2017)0536);

10.

Underlines that the relocation and the new premises need to be ready and fit by the time the withdrawal of the United Kingdom from the European Union comes into effect;

11.

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

12.

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

(1) OJ C 197, 8.6.2018, p. 72

(2) 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), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).

P8_TC1-COD(2017)0326

Position of the European Parliament adopted at first reading on 25 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council amending Regulation (EU) No 1093/2010 as regards the location of the seat of the European Banking Authority

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2018/1717.)

ANNEX TO THE LEGISLATIVE RESOLUTION

Council statement EBA/EMA

Recalling the commitment of the European Parliament, the Council and the Commission to sincere and transparent cooperation, and in the light of the process followed for the relocation of the EMA and EBA, which was specific to the situation and did not constitute a precedent for location of agencies in the future,

While recalling the Treaties, the Council acknowledges the value of enhanced exchange of information from the initial stages of future processes for the location of agencies.

Such early exchange of information would make it easier for the three Institutions to exercise their rights according to the Treaties through the related procedures.

The Council takes note of the request by the EP to revise, as soon as possible, the 2012 Joint Statement and Common Approach on decentralised Agencies. As a first step, it invites the Commission to provide, by April 2019, an in-depth analysis of the implementation of the Joint Statement and Common Approach as regards the location of decentralised Agencies. This analysis would serve as a basis to assess the way forward in engaging with the process of such a revision.

16.10.2020

Official Journal of the European Union

C 345/456

P8_TA(2018)0427

Relocation of the European Medicines Agency ***I

European Parliament legislative resolution of 25 October 2018 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 726/2004 as regards the location of the seat of the European Medicines Agency (COM(2017)0735 — C8-0421/2017 — 2017/0328(COD))

(Ordinary legislative procedure: first reading)

(2020/C 345/53)

The European Parliament,

—	having regard to the Commission proposal to Parliament and the Council (COM(2017)0735),

—	having regard to Article 294(2) and Articles 114 and 168(4)(c) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0421/2017),

—	having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

—

having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 17 October 2018 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 the Environment, Public Health and Food Safety and the opinion of the Committee on Constitutional Affairs (A8-0063/2018),

Adopts its position at first reading hereinafter set out (1);

Denounces the Joint Statement of the European Parliament, the Council of the European Union and the European Commission on decentralised agencies of 19 July 2012 and the Common Approach annexed to it and calls for close involvement of the European Parliament in the decision-making process on the location and relocation of agencies and bodies in view of its prerogatives as co-legislator under the ordinary legislative procedure;

Approves its statement annexed to this resolution;

Takes note of the statement by the Council annexed to this resolution;

Regrets that the European Parliament — and ultimately the representatives of the Union's citizens — were not fully involved in the procedure to select the new seat of the European Medicines Agency (EMA), which was eventually concluded by drawing lots, despite it being such an important decision; decisions in relation to the location of bodies and agencies need, and legally must, be taken under the ordinary legislative procedure, fully respecting the European Parliament's prerogatives, whereby the European Parliament and the Council are equal co-legislators;

Regrets the decision of the Council which leads to a deepening of the geographical disproportionality with only 9 out of 37 EU decentralised agencies being located in new Member States contrary to the European Council Conclusions 5381/04 and 11018/1/08 which both give priority to new Member States.

Calls on the budgetary authorities and the Commission to ensure that the costs relating to the change in the seat of EMA will be fully covered by the current host country; points out that some of the costs of the relocation from the current location will have to be pre-financed by the Union budget, prior to the financial settlement with the current host country;

Calls on the budgetary authorities and the Commission to ensure that the additional costs relating to the double transfer of the seat of EMA, first to a temporary location, and then to the Vivaldi Building, will be fully covered by the Dutch government and thus will not adversely affect the general budget of the Union;

Calls on the budgetary authorities and the Commission to ensure that the double transfer will not jeopardise the normal operational needs of EMA, and will guarantee business continuity and EMA's smooth functioning, without disruption, beyond March 2019;

10.

Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

11.

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

(1) This position replaces the amendments adopted on 15 March 2018 (Texts adopted, P8_TA(2018)0086).

P8_TC1-COD(2017)0328

Position of the European Parliament adopted at first reading on 25 October 2018 with a view to the adoption of Regulation (EU) 2018/… of the European Parliament and of the Council amending Regulation (EC) No 726/2004 as regards the location of the seat of the European Medicines Agency

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2018/1718.)

ANNEXES TO THE LEGISLATIVE RESOLUTION

Statement of the European Parliament

The European Parliament regrets that its role of co-legislator has not been duly taken into account since it was not involved in the procedure leading to the selection of the new seat of the European Medicines Agency.

The European Parliament wishes to recall its prerogatives as co-legislator and insists on the full respect of the ordinary legislative procedure in relation to the location of bodies and agencies.

As the only directly elected Union institution and representative of the Union's citizens, it is the first guarantor of the respect of the democratic principle in the Union.

The European Parliament condemns the procedure followed for the selection of the new location of the seat, which has de facto deprived the European Parliament of its prerogatives since it was not effectively involved in the process, but is now expected to simply confirm the selection made for the new location of the seat by means of the ordinary legislative procedure.

The European Parliament recalls that the Common Approach annexedp to the Joint Statement of the European Parliament, Council and European Commission on decentralised agencies signed in 2012 is legally non-binding, as acknowledged in the Statement itself and that it was agreed without prejudice to the legislative powers of the institutions.

Therefore, the European Parliament insists that the procedure followed for the selection of a new location for the agencies will be revised and not used anymore in this form in the future.

Finally, the European Parliament wishes to recall as well that in the Inter-institutional Agreement on Better Law-Making of 13 April 2016 (1) the three institutions committed to sincere and transparent cooperation while recalling the equality of both co-legislators as enshrined in the Treaties.

Council statement EBA/EMA

While recalling the Treaties, the Council acknowledges the value of enhanced exchange of information from the initial stages of future processes for the location of agencies.

Such early exchange of information would make it easier for the three Institutions to exercise their rights according to the Treaties through the related procedures.

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

31.3 Guided Reading Fascism Rises in Europe Answers

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