Index 
Texts adopted
Thursday, 25 October 2018 - StrasbourgFinal edition
Import of cultural goods ***I
 Protection of the EU’s financial interests - Recovery of money and assets from third countries in fraud cases
 Authorisation and supervision of medicinal products for human and veterinary use ***I
 Veterinary medicinal products ***I
 Manufacture, placing on the market and use of medicated feed ***I
 Charging of heavy goods vehicles for the use of certain infrastructures ***I
 Promotion of clean and energy-efficient road transport vehicles ***I
 Multiannual plan for fish stocks in the Western Waters and adjacent waters, and for fisheries exploiting those stocks ***I
 Location of the seat of the European Banking Authority ***I
 Relocation of the European Medicines Agency ***I
 Rise of neo-fascist violence in Europe
 Animal welfare, antimicrobial use and the environmental impact of industrial broiler farming
 2018 UN Climate Change Conference in Katowice, Poland (COP24)
 14th meeting of the Convention on Biological Diversity (COP14)
 Employment and social policies in the euro area
 The use of Facebook users’ data by Cambridge Analytica and the impact on data protection
 The killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul
 Situation in the Sea of Azov
 Situation in Venezuela
 Promoting automatic mutual recognition of diplomas
 Deployment of infrastructure for alternative fuels in the European Union: time to act!
 Harnessing globalisation: trade aspects

Import of cultural goods ***I
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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)
P8_TA(2018)0418A8-0308/2018

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Recital 1
(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 financing24 and the Directive on combating terrorism25 , 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 financing24 and the Directive on combating terrorism25 , 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.
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24 COM(2016)0050.
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
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
Amendment 2
Proposal for a regulation
Recital 1 a (new)
(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
(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)
(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
(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 Council1a.
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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).
Amendment 6
Proposal for a regulation
Recital 4
(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
(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
(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
(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)
(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
(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
(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)
(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
(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
(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
(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
(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 201627 . 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.
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27 OJ L 123, 12.5.2016, p. 1.
27 OJ L 123, 12.5.2016, p. 1.
Amendment 19
Proposal for a regulation
Recital 15
(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, the templates for import licence applications and forms, as well as for importer statements and their accompanying documents, as well as further procedural rules on their 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. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council28.
(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 Council28.
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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).
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).
Amendment 20
Proposal for a regulation
Recital 15 a (new)
(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
(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
(17)  The EU Strategy and Action Plan for customs Risk Management29 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 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.
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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.
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.
Amendment 23
Proposal for a regulation
Recital 17 a (new)
(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)
(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 Council1a.
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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).
Amendment 25
Proposal for a regulation
Recital 18
(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
(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
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
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
(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)
(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
(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
(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
(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)
(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)
(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
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)
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
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
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)
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
(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)
(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
(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)
(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
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
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 into 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
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)
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
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
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
(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
(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
(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)
(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)
(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)
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)
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)
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)
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
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
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
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
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)
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 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
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)
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)
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) .../....*
__________________
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)
* OJ: Please insert in the text the number of the Regulation contained in document 2017/0003(COD)
Amendment 68
Proposal for a regulation
Article 6
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
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
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
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
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. 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.
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)
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)
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
Administrative co-operation
Administrative co-operation and use of electronic system
Amendment 76
Proposal for a regulation
Article 9 – paragraph 1
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
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)
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
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
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)
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)
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
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)
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
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)
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)
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
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
(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
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)
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
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)
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
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

1.

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

 

2.

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

3.

Pictures and paintings, other than those included in categories 4 or 5, executed entirely by hand in any medium and on any material1a

9701

4.

Watercolours, gouaches and pastels executed entirely by hand on any material1a

9701

5.

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 material1a

6914

9701

6.

Original engravings, prints, serigraphs and lithographs with their respective plates and original posters1a

Chapter 49 9702 00 00 8442 50 99

7.

Original sculptures or statuary and copies produced by the same process as the original1a, other than those in category 1

9703 00 00

8.

Photographs, films and negatives thereof1a

3704

3705

3706

4911 91 80

9.

Incunabula and manuscripts, including maps and musical scores, singly or in collections1a

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)  Collections1b and specimens from zoological, botanical, mineralogical or anatomical collections;

9705 00 00

 

(b)  Collections1b 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

______________

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’.

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)
Annex Ib
Countries and object categories in relation to which there exists a particular risk of illicit traffic
[To be established by the Commission pursuant to Article 2(2a).]

(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0308/2018).


Protection of the EU’s financial interests - Recovery of money and assets from third countries in fraud cases
PDF 124kWORD 49k
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))
P8_TA(2018)0419A8-0298/2018

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’;

D.  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;

H.  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’;

I.  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;

K.  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;

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

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

3.  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;

4.  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;

5.  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;

6.  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;

7.  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;

8.  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;

9.  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.


Authorisation and supervision of medicinal products for human and veterinary use ***I
PDF 123kWORD 51k
Resolution
Text
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_TA(2018)0420A8-0035/2016

(Ordinary legislative procedure: first reading)

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),

1.  Adopts its position at first reading hereinafter set out(2);

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

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.)

(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).


Veterinary medicinal products ***I
PDF 122kWORD 54k
Resolution
Text
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_TA(2018)0421A8-0046/2016

(Ordinary legislative procedure: first reading)

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),

1.  Adopts its position at first reading hereinafter set out(3);

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

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

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/6.)

(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).


Manufacture, placing on the market and use of medicated feed ***I
PDF 122kWORD 49k
Resolution
Text
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_TA(2018)0422A8-0075/2016

(Ordinary legislative procedure: first reading)

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),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

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.)

(1) OJ C 242, 23.7.2015, p. 54.


Charging of heavy goods vehicles for the use of certain infrastructures ***I
PDF 327kWORD 143k
Resolution
Consolidated text
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_TA(2018)0423A8-0202/2018

(Ordinary legislative procedure: first reading)

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),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

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

P8_TC1-COD(2017)0114


(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(3),

Having regard to the opinion of the Committee of the Regions(4),

Acting in accordance with the ordinary legislative procedure(5),

Whereas:

(1)  Progress towards the goal, which the Commission set out in its White Paper of 28 March 2011(6), 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(7), 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(8) 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(9) and 1072/2009(10) of the European Parliament and of the Council and by Regulation (EU) No 165/2014 of the European Parliament and of the Council(11). [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(12). [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(13) 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 referenceminimum 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(14), Commission Regulation (EU) 2016/646(15), and Commission Regulation (EU) 2017/xxx(16).

(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(17), 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 infrastructures 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 referenceminimum 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(18). 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(19).

(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* 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 a passenger 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**; [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, andother 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) 1071/2009 of the European Parliament and of the Council***, 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/EU2014/23/EU of the European Parliament and of the Council****; [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]

_______________

* 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).

** 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).

*** 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).

**** 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*, 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 20232022 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]

____________________________

* 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 7g 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 7g 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 7g

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) …/…*, 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.

____________

* Commission Regulation (EU) …/… of XXX implementing Regulation (EU) 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) …/…*, 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]

_____________

* Commission Regulation (EU) 2017/xxx of xxx supplementing Regulation (EC) No 715/2007 of the European Parliament and of the Council 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, 7g 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 7g(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, shouldshall 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, shouldshall 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 7g(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 7g(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.

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.  A delegated act adopted pursuant to Article 7g(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 9g 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 For the Council

The President The President

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)

1500

130

 

 

400

10

10

8,0 x 1011

WHTC (CI)

4000

160

 

 

460

10

10

6,0 x 1011

WHTC (PI)

4000

 

160

500

460

10

10

6,0 x 1011

Note:

PI = Positive Ignition.

CI = Compression Ignition.

(1)   The admissible level of NO2 component in the NOx limit value may be defined at a later stage.';

(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 vehicleseach 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 (*). [Am. 120]

______________

* 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.';

–  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:

20181025-P8_TA(2018)0423_EN-p0000002.png

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* (which requires use of the EMEP/EEA air pollutant Emission Inventory Guidebook**). 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

20181025-P8_TA(2018)0423_EN-p0000003.png

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***.

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.

_____________

* 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).

** Methodology of the European Environmental Agency: http://www.eea.europa.eu//publications/emep-eea-guidebook-2016

*** 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

REFERENCEMINIMUM 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(1)

Interurban(2)

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

(1)   'Suburban' means areas with a population density between 150 and 900 inhabitants/km2 (median population density of 300 inhabitants/km2).

(2)   'Interurban' means areas with a population density below150 inhabitants/km2.

Table 2: reference minimum values of the external-cost charge for coaches [Am. 128]

Vehicle class

cent/vehicle-kilometre

Suburban(1)

Interurban(2)

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

(1)   'Suburban' means areas with a population density between 150 and 900 inhabitants/km2 (median population density of 300 inhabitants/km2).

(2)   'Interurban' means areas with a population density below150 inhabitants/km2.

The values of Tables 1 and 2 may be multiplied by a reference factor of up to 2 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

<1.4l

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

 

1.4-2.0l

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

 

>2.0l

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

<1.4l

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

 

1.4-2.0l

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

 

>2.0l

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

 

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.

1.  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

2.51.5

Articulated heavy goods vehicles

2.9

[Am. 131]

2.  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) …/…*.

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**, 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*** and Regulation (EU) No 510/2011 of the European Parliament and of the Council****.

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

__________________

* 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. …).

** 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).

*** 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).

**** 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).'.

(1) OJ C 81, 2.3.2018, p. 188.
(2) OJ C 176, 23.5.2018, p. 66.
(3)OJ C 81, 2.3.2018, p. 188.
(4)OJ C 176, 23.5.2018, p. 66.
(5) Position of the European Parliament of 25 October 2018.
(6)White Paper of 28 March 2011 ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system' (COM(2011)0144).
(7)COM(2016)0501.
(8)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).
(9) 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).
(10) 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).
(11) 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).
(12)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).
(13)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).
(14)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).
(15)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).
(16)...
(17) 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).
(18)OJ L 123, 12.5.2016, p. 1.
(19)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).


Promotion of clean and energy-efficient road transport vehicles ***I
PDF 246kWORD 102k
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)
P8_TA(2018)0424A8-0321/2018

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital 2
(2)  In its European Strategy for Low-Emission Mobility21 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 Mobility21 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.
_________________
_________________
21 COM(2016)0501.
21 COM(2016)0501.
Amendment 2
Proposal for a directive
Recital 4
(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)  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. The promotion of sustainable vehicles should be done in parallel with the further development of public transport, as the fastest and most cost-efficient way to reduce the number of vehicles on the road and consequently to improve air quality and reduce emissions.
_________________
_________________
23 COM(2017)0283.
23 COM(2017)0283.
Amendment 3
Proposal for a directive
Recital 5
(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)
(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)
(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)
(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)
(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)
(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
(6)  Public authorities, through their procurement policy, can establish and support markets for innovative goods and services. Directives 2014/24/EU24 and 2014/25/EU25 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/EU24 and 2014/25/EU25 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.
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24 OJ L 94, 28.3.2014, p. 65.
24 OJ L 94, 28.3.2014, p. 65.
25 OJ L 94, 28.3.2014, p. 243.
25 OJ L 94, 28.3.2014, p. 243.
Amendment 10
Proposal for a directive
Recital 6 a (new)
(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)
(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)
(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
(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
(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
(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 period26. 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 period26. 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.
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26 COM(2017)0676.
26 COM(2017)0676.
Amendment 16
Proposal for a directive
Recital 10 a (new)
(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)
(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)
(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
(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)
(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
(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)
(12a)   In its recommendation of 4 April 2017 to the Council and the Commission following the inquiry into emission measurements in the automotive sector10a, 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.
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10a OJ C 298, 23.8.2018, p. 140.
Amendment 23
Proposal for a directive
Recital 13
(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)
(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)
(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)
(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
(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)
(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
(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 2014-202027. 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 2014-202027. However, the rules of the Treaty, and in particular Articles 107 and 108 thereof, will continue to apply to such public support.
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27 OJ C 200, 28.6.2014, p. 1.
27 OJ C 200, 28.6.2014, p. 1.
Amendment 30
Proposal for a directive
Recital 16 a (new)
(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)
(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)
(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)
(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)
(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)
(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)
(16g)   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)
(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)
(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)
(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
(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)
(18 a)  In accordance with the Interinstitutional Agreement of 13 April 2016 on Better Law Making1a, 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.
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1a OJ L 123, 12.5.2016, p. 1.
Amendment 42
Proposal for a directive
Recital 18 b (new)
(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)
(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
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
(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
(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
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)
(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
4.  ‘clean vehicle’ means
4.  ‘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.
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* 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.
Amendment 50
Proposal for a directive
Article 1 – paragraph 1 – point 3
Directive 2009/33/EC
Article 4 – paragraph 1 – point 4 a (new)
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)
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)
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
(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
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)
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)
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)
(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)
(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)
(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
(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.
4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.
5.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6.  A delegated act adopted pursuant to 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
(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
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
(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
(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
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
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)
(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)
(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)
(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)
(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)
(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
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* as percentage of emission limits**

CO2 g/km

RDE air pollutant emissions* 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.

* 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.

** The applicable emission limit found in Annex I of Regulation (EC) No 715/2007, or its successors.

Amendment

Table 2: Emission-thresholds for light-duty vehicles

Vehicle categories

2025

2030

 

CO2 g/km

RDE air pollutant emissions* as percentage of emission limits**

CO2 g/km

RDE air pollutant emissions* 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

 

 

 

* 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.

** The applicable emission limit found in Annex I of Regulation (EC) No 715/2007, or its successors.

Amendment 86
Proposal for a directive
Annex I
Directive 2009/33/EC
Annex – table 3
[…..]
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*

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%

*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.

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%

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.

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*

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%

* 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.

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

 

20251

20302

20251

20302

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 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.

2 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.

(1) The matter was referred back for interinstitutional negotiations to the committee responsible pursuant to Rule 59(4), fourth subparagraph (A8-0321/2018).


Multiannual plan for fish stocks in the Western Waters and adjacent waters, and for fisheries exploiting those stocks ***I
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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)
P8_TA(2018)0425A8-0310/2018

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Title
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
(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)
(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
(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)
(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
(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)  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, to minimise the impact on the marine environment, in particular habitat and seabed disturbance, as well as to meet social and economic objectives.
Amendment 7
Proposal for a regulation
Recital 8
(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)  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 and/or multispecies fisheries advice issued by ICES.
Amendment 8
Proposal for a regulation
Recital 9
(9)  Council Regulations (EC) No 811/200418, (EC) No 2166/200519, (EC) No 388/200620, (EC) 509/200721, (EC) No 1300/200822and (EC) No 1342/200823set 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 811/200418, (EC) No 2166/200519, (EC) No 388/200620, (EC) 509/200721, (EC) No 1300/200822 and (EC) No 1342/200823 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.
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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)
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)
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)
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)
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)
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)
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)
Amendment 9
Proposal for a regulation
Recital 11
(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)
(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
(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
(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
(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 MSY24. 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 MSY24. 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.
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24 EU request to ICES to provide FMSY ranges for selected stocks in ICES subareas 5 to 10.
24 EU request to ICES to provide FMSY ranges for selected stocks in ICES subareas 5 to 10.
Amendment 14
Proposal for a regulation
Recital 16 a (new)
(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
(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)
(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
(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
(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)
(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)
(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
(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-Making25. 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 201625 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.
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25 OJ L 123, 12.5.2016, p. 1.
25 OJ L 123, 12.5.2016, p. 1.
Amendment 23
Proposal for a Regulation
Recital 28
(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. In this context, "best available scientific advice" refers to publicly available scientific advice that is supported by the most up-to-date scientific data and methods and has either been issued or reviewed by an independent scientific body that is recognised at the European Union or international level. Regulation (EU) 2016/113927 should therefore be amended.
(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.
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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).
Amendment 24
Proposal for a Regulation
Article 1 – paragraph 1 – introductory part
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
(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
–  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
–  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
–   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)
–   North of Portugual (FU 27)
Amendment 30
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1 – point 24 – indent 2 b (new)
–   Portuguese waters (southern Portugal and the Algarve) (FU 28-29)
Amendment 31
Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2
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
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
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
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)
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
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
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
(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
(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
(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
(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)
(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
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
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
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
(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
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
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
(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
(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)
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
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
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
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
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
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
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
(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
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)
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 7g 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
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
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)
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)
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
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)
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)
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
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)
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)
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
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
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)
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)
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
Evaluation of the plan
Evaluation and implementation of the plan
Amendment 78
Proposal for a Regulation
Article 15 – paragraph 2
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
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
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
(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 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
(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
(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
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
(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
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)
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).


Location of the seat of the European Banking Authority ***I
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Resolution
Text
Annex
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_TA(2018)0426A8-0153/2018

(Ordinary legislative procedure: first reading)

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),

1.  Adopts its position at first reading hereinafter set out;

2.  Takes note of the statement by the Council annexed to this resolution;

3.  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;

4.  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;

5.  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;

6.  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;

7.  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;

8.  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;

9.  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)536); 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)536);

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.

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.

(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).


Relocation of the European Medicines Agency ***I
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Resolution
Text
Annex
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_TA(2018)0427A8-0063/2018

(Ordinary legislative procedure: first reading)

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),

1.  Adopts its position at first reading hereinafter set out(1);

2.  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;

3.  Approves its statement annexed to this resolution;

4.  Takes note of the statement by the Council annexed to this resolution;

5.  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;

6.  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.

7.  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;

8.  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;

9.  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.

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(2) 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

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.

(1) This position replaces the amendments adopted on 15 March 2018 (Texts adopted, P8_TA(2018)0086).
(2) OJ L 123, 12.5.2016, p. 1.


Rise of neo-fascist violence in Europe
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European Parliament resolution of 25 October 2018 on the rise of neo-fascist violence in Europe (2018/2869(RSP))
P8_TA(2018)0428RC-B8-0481/2018

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;

G.  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;

H.  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);

R.  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;

S.  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;

U.  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;

W.  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;

X.  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;

Y.  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;

Z.  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;

1.  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;

2.  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;

3.  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;

4.  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;

5.  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;

6.  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;

7.  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;

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

9.  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


Animal welfare, antimicrobial use and the environmental impact of industrial broiler farming
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European Parliament resolution of 25 October 2018 on animal welfare, antimicrobial use and the environmental impact of industrial broiler farming (2018/2858(RSP))
P8_TA(2018)0429RC-B8-0484/2018

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,

A.  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;

C.  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;

E.  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;

F.  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);

G.  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;

J.  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;

K.  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;

L.  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;

1.  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;

2.  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;

3.  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;

4.  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;

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

6.  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;

7.  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;

8.  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;

9.  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.


2018 UN Climate Change Conference in Katowice, Poland (COP24)
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European Parliament resolution of 25 October 2018 on the 2018 UN Climate Change Conference in Katowice, Poland (COP24) (2018/2598(RSP))
P8_TA(2018)0430B8-0477/2018

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 1,5°C’,

–  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 ‘CO- An operational anthropogenic CO 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;

C.  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;

D.  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;

H.  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;

I.  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 1,5°C report further demonstrates that the impacts of such a temperature increase are likely to be significantly less severe than those of a 2°C increase;

K.  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;

L.  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 1,5°C or 2°C 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;

P.  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;

Q.  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;

1.  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

2.  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;

3.  Considers that the profound and most likely irreversible impacts of a 2°C rise in global temperatures might be avoided if the more ambitious target of 1,5°C 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;

4.  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

5.  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;

6.  Stresses that current NDCs would only limit global warming to a temperature rise of about 3,2°C(7) and would not even come close to 2°C; 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 2°C 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;

7.  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;

8.  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;

9.  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 1,5°C, 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 2°C, with the further aim of keeping it below 1,5°C;

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 1,5°C 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
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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.


14th meeting of the Convention on Biological Diversity (COP14)
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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))
P8_TA(2018)0431B8-0478/2018

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,

A.  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’;

C.  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;

E.  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;

F.  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

1.  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;

2.  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;

3.  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;

4.  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;

5.  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;

6.  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

7.  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;

8.  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);

9.  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
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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.


Employment and social policies in the euro area
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European Parliament resolution of 25 October 2018 on the employment and social policies of the euro area (2018/2034(INI))
P8_TA(2018)0432A8-0329/2018

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),

A.  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;

B.  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;

C.  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 %);

D.  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;

E.  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);

F.  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;

H.  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;

K.  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;

L.  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;

1.  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;

2.  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;

3.  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;

4.  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;

5.  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;

6.  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);

7.  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;

8.  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;

9.  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.


The use of Facebook users’ data by Cambridge Analytica and the impact on data protection
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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))
P8_TA(2018)0433B8-0480/2018

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 v Data Protection Commissioner(5),

–  having regard to the judgment of the CJEU of 25 January 2018 in Case C-498/16 Maximilian Schrems v Facebook 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 v Wirtschaftsakademie 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,

A.  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;

H.  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;

I.  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;

J.  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;

K.  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;

M.  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;

N.  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;

P.  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;

R.  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;

S.  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;

U.  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;

V.  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;

W.  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;

X.  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;

Y.  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;

Z.  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;

1.  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;

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

3.  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;

4.  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;

5.  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;

6.  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;

7.  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;

8.  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;

9.  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


The killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul
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European Parliament resolution of 25 October 2018 on the killing of journalist Jamal Khashoggi in the Saudi consulate in Istanbul (2018/2885(RSP))
P8_TA(2018)0434RC-B8-0498/2018

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,

A.  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;

C.  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;

D.  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;

E.  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;

F.  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;

G.  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;

H.  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;

I.  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;

J.  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;

K.  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;

L.  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;

1.  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;

2.  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;

3.  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;

4.  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;

5.  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;

6.  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;

7.  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;

8.  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;

9.  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, 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.


Situation in the Sea of Azov
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European Parliament resolution of 25 October 2018 on the situation in the Sea of Azov (2018/2870(RSP))
P8_TA(2018)0435RC-B8-0493/2018

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,

A.  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;

C.  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;

D.  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;

E.  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;

G.  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;

1.  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;

2.  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;

3.  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;

4.  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;

5.  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;

6.  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);

7.  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;

8.  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;

9.  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