Index 
Texts adopted
Tuesday, 10 March 2009 - Strasbourg
EC-Armenia agreement: air services *
 EC-Israel agreement: air services *
 Additional protocol to the Agreement between the EC and South Africa, to take account of the accession of Bulgaria and Romania to the EU ***
 Next steps in border management in the EU
 Cross-border transfers of companies' registered offices
 Common European Asylum System
 Commission action plan towards an integrated internal control framework
 Cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters
 Implementation of Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts
 Equal treatment and access for men and women in the performing arts
 Type-approval requirements for the general safety of motor vehicles ***I
 Industrial emissions (integrated pollution prevention and control) (recast) ***I
 Statute for a European private company *
 Guidelines for the 2010 budget procedure – Section III
 Guidelines for the 2010 budget procedure – Sections I, II and IV to IX
 Integrity of online gambling
 Ensuring food quality, including harmonisation or mutual recognition of standards
 Commission Reports on Competition Policy 2006 and 2007
 Small Business Act

EC-Armenia agreement: air services *
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European Parliament legislative resolution of 10 March 2009 on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Armenia on certain aspects of air services (COM(2007)0729 – C6-0519/2008 – 2007/0251(CNS))
P6_TA(2009)0082A6-0049/2009

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2007)0729),

–   having regard to Articles 80(2) and 300(2), first subparagraph, first sentence, of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0519/2008),

–   having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A6-0049/2009),

1.  Approves conclusion of the agreement;

2.  Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States and the Republic of Armenia.


EC-Israel agreement: air services *
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European Parliament legislative resolution of 10 March 2009 on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the State of Israel on certain aspects of air services (COM(2008)0178 – C6-0520/2008 – 2008/0068(CNS))
P6_TA(2009)0083A6-0059/2009

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2008)0178),

–   having regard to Articles 80(2) and 300 (2), first subparagraph, first sentence, of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0520/2008),

–   having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Transport and Tourism (A6-0059/2009),

1.  Approves conclusion of the agreement;

2.  Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States and the State of Israel.


Additional protocol to the Agreement between the EC and South Africa, to take account of the accession of Bulgaria and Romania to the EU ***
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European Parliament legislative resolution of 10 March 2009 on the proposal for a Council decision concerning the conclusion of the additional protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (16447/2008 - COM(2008)0749 – C6-0017/2009 – 2008/0212(AVC))
P6_TA(2009)0084A6-0073/2009

(Assent procedure)

The European Parliament,

–   having regard to the text of the Council (16447/2008),

–   having regard to the request for assent submitted by the Council pursuant to Article 300(3), second subparagraph, in conjunction with Articles 310 and 300(2), first subparagraph, of the EC Treaty (C6-0017/2009),

–   having regard to Rules 75 and 83(7) of its Rules of Procedure,

–   having regard to the recommendation of the Committee on Development (A6-0073/2009),

1.  Gives its assent to conclusion of the additional protocol;

2.  Instructs its President to forward its position to the Council and Commission.


Next steps in border management in the EU
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European Parliament resolution of 10 March 2009 on the next steps in border management in the European Union and similar experiences in third countries (2008/2181(INI))
P6_TA(2009)0085A6-0061/2009

The European Parliament,

–   having regard to the Commission Communication of 13 February 2008 entitled 'Preparing the next steps in border management in the European Union' (COM(2008)0069),

–   having regard to the Commission Communication of 13 February 2008 entitled 'Report on the evaluation and future development of the FRONTEX Agency' (COM(2008)0067),

–   having regard to the Commission Communication of 13 February 2008 entitled 'Examining the creation of a European Border Surveillance System (EUROSUR)' (COM(2008)0068),

–   having regard to the preliminary comments of the European Data Protection Supervisor of 3 March 2008 and to the joint comments of the Article 29 Data Protection Working Party and the Working Party on Police and Justice of 29 April 2008 on the three above mentioned communications,

–   having regard to the Council Conclusions on the management of the external borders of the Member States of the European Union,

–   having regard to Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)(1),

–   having regard to Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation)(2),

–   having regard to Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)(3) and to Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II)(4),

–   having regard to the Commission Communication of 24 November 2005 on improved effectiveness, enhanced interoperability and synergies among European databases in the area of Justice and Home Affairs (COM(2005)0597),

–   having regard to its resolution of 18 December 2008 on the evaluation and future development of the FRONTEX Agency and of the European Border Surveillance System (EUROSUR)(5),

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0061/2009),

A.   whereas the dismantling of the EU's internal border controls is one of the greatest achievements of European integration,

B.   whereas an area without internal borders cannot function without shared responsibility and solidarity in managing its external borders,

C.   whereas attention should be paid to cooperation with the border security authorities of third countries' in line with general EU external policy,

D.   whereas the EU external border is crossed every year by 160 million EU citizens, 60 million third country nationals (TCNs) not requiring a visa, and 80 million requiring a visa,

E.   whereas measures to enhance border security must go hand in hand with facilitation of passenger flows and the promotion of mobility in an increasingly globalised world,

F.   whereas within the framework of EU integrated border management, several instruments and programmes have already been established, are in the course of preparation or are at the stage of policy development,

G.   whereas the Commission has stated that it intends to be ready in 2009-2010 to present legislative proposals for the introduction of an entry/exit system, a Registered Traveller Programme (RTP) and an Electronic System of Travel Authorisation (ESTA),

H.   whereas similar systems exist in Australia and are being implemented by the USA as part of the US-VISIT programme,

I.   whereas a comprehensive master plan setting out the overall architecture of the EU's border strategy as well as a thorough evaluation and assessment of existing systems and those under preparation are lacking,

Entry/exit system

1.  Is aware that the so-called 'overstayers', who are central to the proposed entry/exit system, are supposed to represent the biggest category of illegal immigrants in the EU; requests, however, more information on the data collected by an external contractor estimating that 'there were up to 8 million illegal immigrants within the EU25 in 2006'(6); insists, moreover, on a clear definition of the term 'overstayer', including the possible exemptions under specific conditions, and a closer qualitative and quantitative analysis of the threats/risks/costs they bring to European society;

2.  Points out that, although the proposed system and alert information might help to deter TCNs from overstaying, as well as provide data and information on patterns, further contact with law enforcement agencies is still necessary for an individual who overstays his or her period of admission to be apprehended, and therefore does not believe that the proposed system will put an end to the 'overstay' phenomenon as such;

3.  Does not have sufficient information on how this system will be integrated in – and interact with – the existing framework, on the possible changes that might need to be made to existing systems and on the actual costs generated by it; is therefore of the opinion that the absolute need to implement such a system remains doubtful;

4.  Recalls that the correct functioning of the entry/exit system will depend both materially and operationally on the success of the VIS and SIS II; points out that these instruments are not yet fully operational and that it has thus not yet been possible to evaluate them properly; stresses that the operability and reliability of the SIS II are being called into question;

5.  Notes that, without a doubt and following the lessons learned in the USA, it is more challenging to implement exit capability than entry, and in particular with regard to sea and land exit; furthermore, following the same lessons learned, has considerable concerns about the cost-effectiveness of such a system; therefore calls on the Commission to provide additional information on the actual investment generated by such a system;

Registered Traveller Programme (RTP)

6.  Supports in principle the concept of an RTP for TCNs, whether or not subject to visa requirements, which would help speed up traveller flows and prevent congestion at entry and exit points, and the possible use of automated gates by EU citizens, since Community law as it currently stands does not allow for the simplification of border checks except in the case of TCNs residing in border areas;

7.  Criticises, however, the terminology used in the Communication entitled 'Preparing the next steps in border management in the European Union' ('low-risk'/'bona fide' travellers), as it would imply that a huge number of travellers are considered a priori as 'high-risk' or 'mala fide', and recommends the term "frequent travellers";

8.  Points out that several Member States have already set up or are preparing such an RTP for TCNs, and highlights the risk of ending up with a patchwork of twenty-seven systems based on different criteria, including those on data-protection and fees; is aware of the fact that the Netherlands, together with Germany, the UK and FRONTEX, are seeking to promote the 'International Expedited Traveller Programme' as a possible blueprint for other Member States;

9.  Advocates a harmonised approach and therefore urges the Commission to speed up the process, on the basis of best practices in Member States, and to make sure that Member States continue to act in conformity with Community law;

10.  Notes that, in fact, RTPs for TCNs are different from RTPs for Union citizens; stresses therefore that a clear distinction between the two must be made at all times;

Electronic System of Travel Authorisation (ESTA)

11.  Acknowledges that it would be unwise to focus attention in terms of security measures only on TCNs travelling to the EU from countries with a visa requirement; questions, however, whether the proposed system is absolutely necessary and would like a thorough explanation of the rationale for it; is convinced that close cooperation between intelligence services in particular is the right way forward, rather than a massive collection of data in general;

12.  Wishes to be informed on the exact timetable and the details of the study as envisaged by the Commission;

Data protection and biometrics concerns

13.  Finds it unacceptable that the Commission failed to consult either the European Data Protection Supervisor (EDPS), who had nonetheless expressed a number of concerns, or the Article 29 Working Party prior to the adoption of the Communication entitled 'Preparing the next steps in border management in the European Union'; requests the Commission, therefore, to consult both in respect of any action to be taken under that Communication, as the proposed building blocks entail the processing of vast amounts of personal data;

14.  Is aware that biometrics are theoretically effective personal identifiers because the characteristics measured are thought to be distinctive of each person; however, underlines the fact that the reliability of biometrics is never absolute and that biometrics are not in all cases accurate; therefore points out that fall-back procedures should be provided for at all times and that risk profiles should be better defined;

15.  Insists on a standard protocol for the use and exchange of biometric information and interface control agreements to describe how the protocol will be used; is furthermore of the opinion that the use of biometrics should be subject to a quality standard in order to avoid divergences in acceptance between different systems used by Member States;

16.  Considers a "privacy by design" approach to be an essential feature of any development which risks jeopardising the personal information of individuals and the public's trust and confidence in those who hold information about them;

Conclusions

17.  Considers the objective of truly EU-integrated border management to be legitimate and agrees that it is important to continuously develop and strengthen the EU's common policy on border management;

18.  However, is of the opinion that, within the framework of border and immigration management, far-reaching proposals are piling up at an amazing pace; therefore asks the Commission to think in terms of the need for, and the cost of, the border logistics;

19 Deplores, moreover, the notion that the EU's border management policy should be founded on the idea that all travellers are potentially suspect and have to prove their good faith;

20.  Criticises the lack of a comprehensive master plan setting out the overall objectives and architecture of the EU's border management strategy as well as the absence of details showing how all related programmes and schemes (already in place, in the course of preparation or at the stage of policy development) are supposed to function together and how relationships among them can be optimised; takes the view that, when considering the architecture of the EU's border management strategy, the Commission should analyse first of all the effectiveness of the existing border management systems of the Member States, in order to bring about the optimal synergies between them;

21.  Stresses the need for an evaluation and assessment, first of all, of existing systems and those under preparation, and emphasises that the EU's ability to achieve its strategic goals depends to a great extent on its success in managing the interdependencies among related programmes, as duplication and inconsistency between them will have a negative impact on organisational performance and results as a consequence; is of the opinion that no new instruments or systems should be launched until the existing tools are fully operational, safe and reliable;

22.  Is of the opinion that, before any investment is made, it is of the utmost importance to have a clearly defined operational context in which to align all the measures and emerging initiatives; points out, moreover, that it should be crystal clear what modifications are necessary in order to ensure that technology and processes work in harmony, and stresses that all investments should be economically justified;

23.  Expresses doubts concerning the need for, and the proportionality of, the proposed measures, given their expense and the potential risks they pose for data protection; is therefore of the opinion that they should be assessed against those criteria before any formal proposal is envisaged;

24.  Acknowledges that striking a balance between ensuring the free movement of a growing number of people across borders and ensuring greater security for Europe's citizens is a complex exercise, and does not deny that the use of data offers clear advantages; at the same time, is of the opinion that public trust in government action can only be maintained if provision is made for sufficient data protection safeguards, supervision and redress mechanisms;

o
o   o

25.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, the European Data Protection Supervisor and the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex).

(1) OJ L 105 13.4.2006, p. 1.
(2) OJ L 218, 13.8.2008, p. 60.
(3) OJ L 299, 8.11.2008, p. 1.
(4) OJ L 299, 8.11.2008, p. 43.
(5) Texts adopted, P6_TA(2008)0633.
(6) SEC(2008)0153.


Cross-border transfers of companies' registered offices
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Resolution
Annex
European Parliament resolution of 10 March 2009 with recommendations to the Commission on the cross-border transfer of the registered office of a company (2008/2196(INI))
P6_TA(2009)0086A6-0040/2009

The European Parliament,

–   having regard to Article 192, second paragraph, of the EC Treaty,

–   having regard to Articles 43 and 48 of the EC Treaty,

–   having regard to the Commission communication of 21 May 2003 entitled "Modernising Company Law and Enhancing Corporate Governance in the European Union – A Plan to Move Forward" (COM(2003)0284),

–   having regard to its resolution of 21 April 2004 on the communication from the Commission to the Council and the European Parliament: Modernising company law and enhancing corporate governance in the European Union – A plan to move forward(1),

–   having regard to its resolution of 4 July 2006 on recent developments and prospects in relation to company law(2),

–   having regard to its resolution of 25 October 2007 on the European Private Company and the Fourteenth Company Law Directive on the transfer of the company seat(3),

–   having regard to the judgments of the Court of Justice in Daily Mail and General Trust(4), Centros(5), Überseering(6), Inspire Art(7), SEVIC Systems(8) and Cadbury Schweppes(9),

–   having regard to Rules 39 and 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0040/2009),

A.   whereas companies should enjoy freedom of establishment within the internal market as enshrined in the EC Treaty and interpreted by the Court of Justice,

B.   whereas cross-border company migration is one of the crucial elements in the completion of the internal market,

C.   whereas a cross-border transfer of the registered office of a company should not give rise to its winding-up or any other interruption or loss of legal personality,

D.   whereas a cross-border transfer of the registered office should not circumvent legal, social and fiscal conditions,

E.   whereas the rights of other stakeholders concerned by the transfer, such as minority shareholders, employees and creditors, etc, should be safeguarded,

F.   whereas the relevant acquis communautaire providing for cross-border information, consultation and participation rights of employees as well as safeguarding pre-existing employee participation rights (Directives 94/45/EC(10) and 2005/56/EC(11)) should be fully preserved, and whereas, consequently, the transfer of a registered office should not result in the loss of those existing rights,

G.   whereas a rule requiring a company to maintain its head office and its registered office in the same Member State would run counter to the case-law of the Court of Justice on freedom of establishment and would therefore infringe EC law,

1.  Requests the Commission to submit to Parliament by 31 March 2009, on the basis of Article 44 of the EC Treaty, a legislative proposal for a directive laying down measures for coordinating Member States" national legislation in order to facilitate the cross-border transfer within the Community of the registered office of a company formed in accordance with the legislation of a Member State ("14th Company Law Directive"), and requests that the proposal in question be drawn up within the framework of inter-institutional deliberations and following the detailed recommendations set out below;

2.  Notes that undertakings can currently transfer their seat only either by dissolution and the establishment of a new legal entity in the Member State of destination, or by establishing a new legal entity in the Member State of destination and then merging both undertakings; further notes that this procedure involves administrative obstacles, costs and social consequences and offers no legal certainty;

3.  Draws attention to the freedom of establishment that is guaranteed for undertakings under Article 48 of the EC Treaty, as interpreted by the Court of Justice(12);

4.  Notes that a transfer of a company seat implies a transfer of supervision; points out that, in the context of the drafting of the 14th Company Law Directive on the cross-border transfer of registered offices, the maintenance of the existing rights of shareholders, creditors and workers must be guaranteed and the existing equilibrium in the management of the company ("corporate governance") must be preserved;

5.  Proposes that reference be made in the new directive to Directive 94/45/EC and Directive 2005/56/EC, in order to guarantee the coherence and substantive nature of employee participation procedures in the application of EU company law directives;

6.  Takes the view that a transfer of a company's seat must be preceded by the issuing of a transfer plan and a report explaining and justifying the legal and economic aspects and any consequences of the transfer for shareholders and employees; points out that the transfer plan and the report must be made available in good time to all those involved;

7.  Emphasises the positive effects of tax competition on economic growth in the context of the Lisbon Strategy;

8.  Notes that a transfer of a company seat should be tax-neutral;

9.  Suggests that the exchange of information and mutual assistance between tax authorities be improved;

10.  Calls for transparency in the application of the new directive in the Member States and therefore proposes a reporting requirement for Member States vis-à-vis the Commission whereby undertakings transferring their registered office under the directive must be entered in a European companies register; points out that, in the interests of better law-making, excessive information ("overkill") must be avoided when the reporting requirement is transposed into national law, provided that sufficient information is guaranteed;

11.  Confirms that the recommendations respect the principle of subsidiarity and the fundamental rights of citizens;

12.  Considers that the requested proposal does not have any financial implications;

13.  Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council and to the parliaments and governments of the Member States.

ANNEX TO THE RESOLUTION:

DETAILED RECOMMENDATIONS ON THE CONTENT OF THE PROPOSAL REQUESTED

The European Parliament requests the Commission to put forward a proposal for a directive that should contain the following elements:

Recommendation 1 (effects of a cross-border transfer of the registered office)

Cross-border transfers of registered offices shall not give rise to the winding-up of the company concerned or to any interruption or loss of its legal personality; consequently, the company shall retain its legal identity and all its assets, liabilities and contractual relations shall remain unaffected. Furthermore, the transfer shall not circumvent legal, social and fiscal conditions. The transfer shall take effect on the date of registration in the host Member State. From the date of registration in the host Member State, the company shall be governed by the legislation of that State.

Recommendation 2 (transfer procedure within the company)

The management or board of a company planning a transfer shall be required to draw up a transfer proposal. The proposal shall cover at least:

   (a) the legal form, name and registered office of the company in the home Member State;
   (b) the envisaged legal form, name and registered office of the company in the host Member State;
   (c) the memorandum and articles of association envisaged for the company in the host Member State;
   (d) the timetable envisaged for the transfer;
   (e) the date from which the transactions of the company intending to transfer its registered office will be treated for accounting purposes as being located in the host Member State;
   (f) where appropriate, detailed information on the transfer of the central administration or principal place of business;
   (g) the rights guaranteed to the company's members, employees and creditors or the relevant measures proposed;
   (h) if the company is managed on the basis of employee participation and if the national legislation of the host Member States does not impose such a scheme, information on the procedures whereby the arrangements for employee participation are determined.

The transfer proposal shall be submitted to the members and employee representatives of the company for examination within an appropriate period prior to the date of the company's meeting of shareholders.

A company planning a transfer shall be required to publish at least the following particulars pursuant to the applicable national legislation, in accordance with Directive 68/151/EEC(13):

   (a) the legal form, name and registered office of the company in the home Member State as well as those envisaged for the company in the host Member State;
   (b) the register in which the documents and particulars referred to in Article 3(2) of Directive 68/151/EEC have been entered in respect of the company and the entry number in that register;
   (c) an indication of the arrangements whereby creditors and minority shareholders of the company may exercise their rights and the address at which full information concerning those arrangements can be obtained free of charge.

The management or board of the company planning a transfer shall also draw up a report explaining and justifying the proposal's legal and economic aspects and indicating the consequences for the company's members, creditors and employees, unless agreed otherwise.

Recommendation 3 (transfer decision by meeting of the shareholders)

The shareholders' meeting shall approve the transfer proposal in accordance with the arrangements laid down and by the majority required to amend the memorandum and articles of association under the legislation applicable to the company in its home Member State.

If the company is managed on the basis of employee participation, the shareholders' meeting may make completion of the transfer conditional on its expressly approving the arrangements for employee participation.

Recommendation 4 (administrative transfer procedure and verification)

The home Member State shall verify the legality of the transfer procedure in accordance with its legislation. The competent authority designated by the home Member State shall issue a certificate conclusively declaring that all the acts and formalities required have been completed.

The certificate, a copy of the memorandum and articles of association envisaged for the company in the host Member State and a copy of the transfer proposal shall be presented within an appropriate period of time to the body responsible for registration in the host Member State. Those documents shall be sufficient to enable the company to be registered in the host Member State. The competent authority responsible for registration in the host Member State shall verify that the substantive and formal conditions for the transfer are met.

The competent authority in the host Member State shall give immediate notification of the registration to the respective authority in the home Member State. Thereupon, the home Member State authority shall remove the company from the register.

Registration in the host Member State and removal from the register in the home Member State shall be published. At least the following particulars must be covered:

   (a) the date of registration;
   (b) the new and former entry number in the respective registers of the home and host Member States.

Recommendation 5 (employee participation)

Employee participation shall be governed by the legislation of the host Member State.

However, the legislation of the host Member State shall not be applicable:

   (a) where the host Member State does not provide for at least the same level of participation as operated in the company in the home Member State, or
   (b) where the legislation of the host Member State does not give employees of establishments of the company situated in other Member States the same entitlement to exercise participation rights as enjoyed by such employees before the transfer.

In these cases, the provisions of Article 16 of Directive 2005/56/EC should apply accordingly.

Recommendation 6 (third parties concerned by the transfer)

Any company against which proceedings for winding-up, liquidation, insolvency or suspension of payments or other similar proceedings have been brought shall not be allowed to undertake a cross-border transfer of its registered office within the Community.

For the purposes of ongoing judicial or administrative proceedings which commenced before the transfer of the registered office, the company shall be regarded as having its registered office in the home Member State.

(1) OJ C 104 E, 30.4.2004, p. 714.
(2) OJ C 303 E, 13.12.2006, p. 114.
(3) OJ C 263 E, 16.10.2008, p. 671.
(4) Case 81/87 Daily Mail and General Trust [1988] ECR 5483.
(5) Case C-212/97 Centros [1999] ECR I-1459.
(6) Case C-208/00 Überseering [2002] ECR I-9919.
(7) Case C-167/01 Inspire Art [2003] ECR I-10155.
(8) Case C-411/03 SEVIC Systems [2005] ECR I-10805.
(9) Case C-196/04 Cadbury Schweppes [2006] ECR I-7995.
(10) Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (OJ L 254, 30.9.1994, p. 64).
(11) Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (OJ L 310, 25.11.2005, p. 1).
(12) Judgment in Centros, cited above.
(13) First Council Directive 68/151/EEC of 9 March 1968 on co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community (OJ L 65, 14.3.1968, p. 8).


Common European Asylum System
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European Parliament resolution of 10 March 2009 on the future of the Common European Asylum System (2008/2305(INI))
P6_TA(2009)0087A6-0050/2009

The European Parliament,

–   having regard to Article 63(1) and (2) of the EC Treaty,

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

–   having regard to the 1951 Geneva Convention relating to the Status of Refugees, and the 1967 Additional Protocol thereto,

–   having regard to Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national(1) ("the Dublin Regulation"),

–   having regard to Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers(2) ("Reception Directive"),

–   having regard to Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status(3) ("Asylum Directive"),

–   having regard to Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted(4),

–   having regard to the Commission report on the application of Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers (COM(2007)0745),

–   having regard to its resolution of 14 April 2005 on Lampedusa(5),

–   having regard to its resolution of 6 April 2006 on the situation with refugee camps in Malta(6),

–   having regard to its resolution of 21 June 2007 on entitled 'Asylum: practical cooperation, quality of decision-making in the common European asylum system'(7),

–   having regard to its resolution of 2 September 2008 on the evaluation of the Dublin system(8),

–   having regard to the reports of the Committee on Civil Liberties, Justice and Home Affairs on the visits to various holding centres in order to monitor reception conditions,

–   having regard to the judgment of the Court of Justice of the European Communities of 6 May 2008 in Case C-133/06 European Parliament v Council of the European Union(9) concerning an action for annulment of the Asylum Directive, seeking in particular annulment of the Directive's provisions on the procedure for adoption and amendment of minimum common lists of safe countries,

–   having regard to the European Pact on Immigration and Asylum adopted by the European Council on 16 October 2008, whose fourth objective is to 'construct a Europe of Asylum',

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Development (A6-0050/2009),

A.   whereas the legislative instruments relating to the first phase of the establishment of the Common European Asylum System (CEAS) have allowed the introduction of common minimum standards but not of equal conditions of access to protection throughout the EU and, as a result, there are still problems such as secondary movements and multiple applications,

B.   whereas the Dublin system's first country of entry criteria can result in a disproportionate burden being imposed on some Member States, in particular on those constituting the EU's external border, simply as a result of their exposed location, and whereas this has harmful consequences for both Member States and asylum seekers,

C.   whereas the Commission's evaluation of the Dublin system reveals that, in 2005, the 13 border Member States had to deal with increasing challenges raised by the Dublin system,

D.   whereas, in its above-mentioned report on the Reception Directive, the Commission noted serious problems in its implementation, in particular in closed centres and transit zones, as the Parliamentary delegations were able to note at first hand during their many visits,

General considerations

1.  Notes that in the past year the number of refugees has grown to more than 12 million refugees and 26 million internally displaced people worldwide; in this context, supports the establishment of a CEAS and welcomes the Commission's Policy Plan on Asylum, serving as a roadmap for the completion of the CEAS;

2.  Regrets that, owing to the change of legal basis which will result from the entry into force of the Lisbon Treaty, there are plans to put back to 2012 the deadline for completion of the second phase of the CEAS, which is due to put an end to the unhealthy disparities between the asylum systems of Member States;

3.  Draws attention to the fact that recognition rates of candidates to refugee status for certain third-country nationals vary from approximately 0% up to 90% between Member States;

4.  Stresses that the harmonisation of standards leading to a common asylum procedure and uniform asylum status should result in a high level of protection throughout the EU and should not be based on the lowest common denominator, which would deprive the common asylum scheme of its added value;

5.  Regrets that the concept of the institution of asylum, an essential part of democracy and protection of human rights, has been severely eroded in recent years; reiterates the need for full respect for the rights and needs of asylum seekers and the principle of non-refoulement;

6.  Draws attention to the fact that the EU should provide for mechanisms at the external borders to identify asylum seekers and ensure that persons entitled to international protection gain access to EU territory, including in the context of its external border control operations;

7.  Welcomes the fact that the Commission has identified access for those in need of protection to be one of the overarching objectives of the CEAS;

8.  Calls on the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) to provide detailed data relating to the number of asylum seekers identified as such during its operations and the plight of persons intercepted and sent back to a country of transit or origin during its operations; calls on the Commission to table a proposal for a revision of Frontex' mandate in order to explicitly state that protection and human rights concerns are an integral part of the management of the EU external borders;

9.  Welcomes the fact that the Commission recognises the need to ensure coherence with other policies that have an impact on international protection; calls therefore on the Commission to support and introduce initiatives to review and adapt all border management policies and practices such as Frontex and the European Border Surveillance System (EUROSUR) to guarantee refugees' access to protection in the EU and full respect for the principle of non-refoulement at the EU's external borders; in addition, stresses that the duty to render assistance as enshrined in the UN Convention on the Law of the Sea (UNCLOS) is legally binding on the Member States, the EU and Frontex;

Improvement of existing legislation

10.  Welcomes the fact that, in its above-mentioned judgment in Case C-133/06, the Court of Justice annulled paragraphs 1 and 2 of Article 29 and paragraph 3 of Article 36 of the Asylum Directive, which concerned the adoption or amendment of a minimum common list of safe countries of origin and a common list of safe third countries;

11.  Welcomes the positive initiatives carried out in some Member States to welcome asylum seekers – on submission of their request for international protection – in facilities that are open and fully integrated with local communities;

12.  Considers that asylum seekers are vulnerable persons who require appropriate reception conditions; draws attention to the fact that a prison environment can under no circumstances help them to overcome the traumas experienced in their countries of origin or during their journey to Europe;

13.  Welcomes the provisions mentioned in the latest Commission proposals that Member States shall not hold a person in detention for the sole reason that he or she is an applicant for international protection; considers that asylum seekers should, as a matter of principle, not be placed in detention, in view of their particularly vulnerable position;

14.  Regrets the fact that, in several Member States, asylum seekers are still detained following their irregular entry into the country, and therefore welcomes the insertion into the Reception Directive of procedural guarantees relating to detention; in this regard, is of the opinion that detention of asylum seekers should only be possible under very clearly defined exceptional circumstances and subject to the principle of necessity and proportionality with regard both to the manner and to the purpose of such detention; is also of the opinion that, where an asylum seeker is held in detention, that person should have a right to a remedy before a national court;

15.  Considers that the scope of the new Reception Directive must be clarified in order to cover holding centres, transit areas, border procedures and Dublin transferees;

16.  Welcomes the establishment, in the Reception Directive, of a formal system to immediately identify vulnerable persons, in particular unaccompanied minors, dependent elderly persons, disabled persons, pregnant women, single parents with children and persons who have suffered traumatic experiences, such as torture, rape, and psychological, physical and sexual violence;

17.  Considers that a single asylum application procedure and single standards for qualification as refugees or persons needing international protection should be established, covering all requests for 'international protection' (refugee status, subsidiary protection and temporary protection);

18.  Welcomes the fact that the Commission plans to clarify the conditions for granting subsidiary protection, and above all that it is suggesting that the level of entitlements and benefits to be granted to beneficiaries of this type of protection be reviewed; this should ensure greater parity of treatment at an enhanced level;

19.  Welcomes the Commission's intention to amend the Asylum Directive and stresses that the common asylum procedure should provide for clear, uniform and reasonable time limits for the authorities to decide on an asylum application, thus avoiding long and unwarranted waiting periods which could have negative consequences for asylum seekers" health and well-being; reiterates that granting of refugee or subsidiary protection status should always be subject to an individual assessment and in no way be limited to a generalised assessment (e.g. based on nationality) or conditionality (e.g. relating to the human rights situation in a country of origin);

20.  Considers it desirable to pool the information on countries of origin available to the various Member States and encourages the Commission to step up its efforts to set up a common databank; emphasises that the collection and presentation of country of origin information and the management of a portal should ensure that the country reports of different established experts are included, that the information is publicly accessible and kept distinct from its application by decision-makers (and therefore remains impartial and free from political influence) and that a fair balance is struck between governmental, non-governmental and international sources when collecting country of origin information;

21.  Welcomes the recast of the Dublin Regulation and the proposed provisions for a mechanism to suspend Dublin transfers if there are concerns that they could result in applicants not benefiting from adequate standards of protection in the responsible Member States, in particular in terms of reception conditions and access to asylum procedures, as well as in cases where those transfers would add to the burden on those Member States which are faced with disproportionate pressures due, in particular, to their geographical or demographic situation; stresses, however, that these provisions would ultimately be a political statement rather than an effective instrument to significantly support Member States without the introduction of a two-fold binding instrument for all Member States providing for the following:

   (a) the secondment of officials from other Member States under the aegis of a European Asylum Support Office to assist those Member States which are faced with specific and problematic situations;
   (b) a scheme to relocate beneficiaries of international protection from Member States which are faced with specific and problematic situations to others, in consultation with the Office of the United Nations High Commissioner for Refugees (UNHCR) and with the consent of the beneficiaries;

22.  Considers that under the revised Dublin Regulation asylum seekers should be granted the right to appeal against a transfer decision, such an appeal imposing an obligation on the courts or tribunals to examine ex-officio the necessity of temporarily suspending the enforcement of a transfer decision;

Administrative structures

23.  Firmly supports the establishment of a European Asylum Support Office, which should work in close cooperation with UNHCR and with NGOs specialised in asylum matters;

24.  Considers that one of the tasks of the European Asylum Support Office should be to conduct a detailed assessment of the remaining disparities between national asylum systems so as to contribute to their improvement;

25.  Considers that the activities of the European Asylum Support Office should include developing guidelines in order to facilitate more accurate assessment of asylum claims, promoting exchange of good practice, and monitoring the implementation and application of relevant EU legislation (supporting the Commission's role as guardian of the Treaties);

26.  Considers that practical consideration should be given to following up the treatment of those returned to their country of origin or departure as a result of protection claims being refused;

27.  Strongly encourages the Commission to pursue its efforts to establish a common European training programme on asylum, given that the quality of decisions adopted in this area is directly linked to that of the training and information provided for decision-makers at national level; takes the view that a consultation of civil society organisations specialised in this area with a view to drawing up training programmes would guarantee effectiveness in this respect;

28.  Considers that all decision-makers must have equal access to professionally and objectively researched country of origin information, which is a core tool for asylum authorities and appeal instances as well as for asylum seekers, who rely on it to help verify their claim for international protection;

29.  Stresses that during the waiting periods authorities should take into consideration the different needs of asylum seekers in a more fragile situation, such as children, people with disabilities and women, and provide the necessary infrastructure;

Integration of beneficiaries of international protection

30.  Acknowledges the importance of the integration of beneficiaries of international protection with regard to democracy, security and economic considerations;

31.  Regrets that the rules laid down by the Dublin Regulation to determine which country is responsible for consideration of an asylum request do not take account of the wishes of applicants, and considers that certain criteria relating to family, cultural and linguistic considerations should be given greater consideration in such decisions with a view to promoting the integration of asylum seekers;

32.  Urges the Council to reach an agreement on the extension of the scope of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third country-nationals who are long-term residents(10) to cover refugees and beneficiaries of subsidiary protection;

33.  Welcomes the Commission's proposal in the Reception Directive to provide applicants with simplified access to the labour market, given that their integration into working life constitutes an essential condition for their integration in the host Member State and also assists in the development of skills which are of benefit both during their stay in the host Member State and, in the event of return, in their country of origin;

34.  Considers that, when determining the Member State responsible, the asylum system should facilitate integration by taking into account, among other elements, social, cultural and linguistic background, and the recognition of the educational achievements, professional qualification and skills of the asylum seeker that match economic needs in the host Member State;

35.  Recommends that no distinction be made between rights granted to refugees and beneficiaries of subsidiary protection; stresses in particular the need to improve access for beneficiaries of subsidiary protection to social and economic rights, given that this is essential to their integration;

Solidarity mechanisms

36.  Considers that one of the objectives of the CEAS should be to set up effective solidarity mechanisms in order to improve the situation of countries with the greatest flows of asylum seekers and experiencing difficulties in guaranteeing adequate reception conditions, processing applications within the prescribed time limits and procedures or integrating applicants who have been granted refugee status;

37.  Takes the view that solidarity cannot be confined to the granting of financial resources and calls for the effective implementation of internal resettlement and relocation mechanisms on a voluntary basis as envisaged by the European Pact on Immigration and Asylum; is of the view that this would enable beneficiaries of international protection to be received by a Member State other than the country which has granted them the benefit of that protection;

38.  Considers that consideration should be given to extending the scope of Directive 2001/55/EC(11) to enable, in particular, specific categories of persons requiring international protection for a provisional period to be received even where there is no mass influx;

39.  Encourages the creation, under the aegis of the future European Asylum Support Office, of teams of asylum experts who can assist Member States experiencing sudden and mass influxes of asylum seekers with which they cannot cope;

40.  Calls on the Commission to consider the possibility of setting up a European mechanism for transferring international protection, under the supervision of the future European Asylum Support Office, to allow the movement of refugees in Europe at their request and thus ease the burden borne by some Member States;

41.  Welcomes the fact that the Commission intends to launch a study to review the means of improving financial solidarity within the EU, and looks forward with interest to the proposals that will be drawn up in this context;

42.  Supports border monitoring agreements between national authorities, UNHCR and NGOs in the EU and the allocation of resources to this end under the EU External Borders Fund;

Cooperation with third countries

43.  Emphasises that the CEAS should be fully coherent with the objectives and activities in the area of refugee protection of EU instruments for cooperation with developing countries (such as the European Development Fund, the Development Cooperation Instrument (DCI), the European Neighbourhood and Partnership Instrument and the European Instrument for Democracy and Human Rights) and agreements and partnerships between the EU and developing countries (such as the Cotonou Agreement and the Africa-EU Strategic Partnership);

44.  Shares the Commission's view that asylum is an integral part of development cooperation with third countries rather than a crisis management tool; reiterates also that development cooperation, particularly crisis prevention, human rights monitoring, conflict transformation and peace-building, could serve as a means of preventing displacement; stresses therefore that the CEAS should be closely connected with EU development and humanitarian policies;

45.  Looks forward to the assessment of the Regional Protection Programmes due to take place in 2009; stresses that the development of such programmes should be fully coherent with National and Regional Action Plans, the Thematic Programme on Migration and Asylum of the DCI and, more generally, should never be a means to remove responsibilities from Member States and the EU; calls on the Commission to improve coordination of the measures taken by its various services in this context with a view to optimising synergies between them, and to report to Parliament on steps taken in this connection;

46.  Recognises the importance of strengthening the reception capacities of first-asylum countries and of setting up, at European level and in close cooperation with UNHCR, a resettlement programme laying down common criteria and coordination mechanisms;

47.  Also requests that an evaluation should be made of the adequacy of the funds available for measures relating to third countries, for example, protection within the region, especially in the light of Parliament's stated view that these measures require additional funding and not a reallocation of development funds;

48.  Calls on the Commission to promote greater participation by Member States in worldwide refugee resettlement efforts;

49.  Notes with great interest the idea of setting up 'Protected Entry Procedures' and strongly encourages the Commission to give due consideration to the specific procedures for and the practical implications of such measures;

50.  Looks forward with interest to the results of the study on the joint processing of asylum applications outside EU territory which the Commission plans to conduct in 2009, and warns against any temptation to transfer responsibility for welcoming asylum seekers and processing their requests to third countries or UNHCR;

o
o   o

51.  Instructs its President to forward this resolution to the Council, the Commission, the governments of the Member States, Frontex and the United Nations High Commissioner for Refugees.

(1) OJ L 50, 25.2.2003, p. 1.
(2) OJ L 31, 6.2.2003, p. 18.
(3) OJ L 326, 13.12.2005, p. 13.
(4) OJ L 304, 30.9.2004, p. 12.
(5) OJ C 33 E, 9.2.2006, p. 598.
(6) OJ C 293 E, 2.12.2006, p. 301.
(7) OJ C 146 E, 12.6.2008, p. 364.
(8) Texts adopted, P6_TA(2008)0385.
(9) OJ C 158, 21.6.2008, p. 3.
(10) OJ L 16, 23.1.2004, p. 44.
(11) Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).


Commission action plan towards an integrated internal control framework
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European Parliament resolution of 10 March 2009 on the Commission action plan towards an integrated internal control framework (2008/2150(INI))
P6_TA(2009)0088A6-0022/2009

The European Parliament,

-   having regard to the EC Treaty,

-   having regard to Opinion No 2/2004 of the Court of Auditors of the European Communities on the 'single audit' model (and a proposal for a Community internal control framework)(1),

-   having regard to the Commission communication of 15 June 2005 on a roadmap to an integrated internal control framework (COM(2005)0252),

-   having regard to the Commission Communication of 17 January 2006 on the action plan towards an integrated internal control framework (COM(2006)0009),

-   having regard to the first half-yearly report on the scoreboard for the application of the Commission action plan towards an integrated internal control framework published on 19 July 2006 (SEC(2006)1009), pursuant to Parliament's request in its resolution of 27 April 2006 on the discharge for the financial year 2004(2),

-   having regard to the interim progress report of the Commission published on 7 March 2007 (COM(2007)0086), outlining progress and announcing some additional actions,

-   having regard to the Commission Communication of 27 February 2008 entitled 'Report on the Commission Action Plan towards an Integrated Internal Control Framework' (COM(2008)0110) and the Commission staff working paper annexed thereto (SEC(2008)0259),

-   having regard to the Commission communication of 4 June 2008 entitled 'Synthesis of the Commission's management achievements in 2007' (COM(2008)0338),

-   having regard to the Commission's annual report to the discharge authority on internal audits carried out in 2007 (COM(2008)0499),

-   having regard to the Commission's annual report to the discharge authority on the follow-up to the 2006 discharge decisions (COM(2008)0629 and COM(2008)0628) and the accompanying Commission staff working papers (SEC(2008)2579 and SEC(2008)2580),

-   having regard to the Annual Report of the European Court of Auditors on the implementation of the budget concerning the financial year 2007, together with the institutions" replies(3),

-   having regard to Rule 45 of its Rules of Procedure,

-   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Budgets (A6-0022/2009),

A.   whereas under Article 274 of the EC Treaty the Commission implements the budget on its own responsibility, on the basis of the principles of sound financial management, in cooperation with the Member States,

B.   whereas the principle of effective internal control is one of the budgetary principles set out in Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (Financial Regulation)(4) following its amendment by Regulation (EC, Euratom) No 1995/2006 of 13 December 2006(5), as proposed by the Commission in the action plan towards an integrated internal control framework (the "Action Plan"),

C.   whereas the most effective means for the Commission to demonstrate that it is genuinely committed to ensuring transparency and sound financial management is to do all it can to support measures seeking to enhance the quality of financial management, with a view to obtaining a positive statement of assurance (DAS(6)) from the European Court of Auditors (ECA),

D.   whereas in paragraph 5 of its conclusions of 8 November 2005, the ECOFIN Council took the view that it was of fundamental importance to introduce an integrated internal control system and simplify the legislation on controls and requested 'that the Commission assess the cost of controls by area of expenditure',

E.   whereas to support the strategic objective of receiving a positive DAS from the ECA, the Commission adopted in January 2006 the Action Plan , drawing on recommendations of the ECA(7), Parliament's resolution of 12 April 2005 on the discharge for the financial year 2003(8) and the ECOFIN conclusions of 8 November 2005,

F.   whereas the Action Plan addressed 'gaps' in the Commission's control structures at the time and identified 16 areas for action by the end of 2007, taking into account that improvement of financial management in the Union must be supported by a close monitoring of controls in the Commission and the Member States,

G.   whereas at paragraph 2.29 in Chapter 2 (concerning the Commission internal control system) of its Annual Report for 2007, the ECA points out that 'The Commission's summary report for 2007 provides a confident assessment of progress made in the implementation of the actions at this date, whilst indicating that the evidence of the effectiveness of the actions in terms of reducing the level of error in the underlying transactions may still be some way off',

H.   whereas, according to the Commission's response to paragraph 2.30 of the ECA's Annual Report for 2007, 'the implementation of the actions is a continuing process and is being pursued vigorously. The impact of the actions is necessarily posterior to their implementation over the years 2006 and 2007 and a first impact report will be made in early 2009',

1.  Welcomes the overall progress made in the development of the Action Plan and the fact that a majority of actions have been implemented and most of the gaps identified in the Action Plan filled;

2.  Stresses that an effective integrated internal control framework as envisaged in the Commission's Action Plan will allow the Commission and the Member States to better implement the EU budget according to political objectives and Parliament's priorities;

3.  Regrets the lack of clear language, and calls on the Commission to indicate at which stage it finds itself in the process of achieving an integrated internal control framework, and when it expects the measures taken to have visible and positive effects on the legality and regularity of transactions;

4.  Takes note of the impact report adopted by the Commission on 4 February 2009 (COM(2009)0043), and will take that report into consideration in the discharge resolution for the financial year 2007;

5.  Notes the efforts made by the Commission but regrets that, so far, the Commission has not been able to present complete and reliable figures on recoveries and financial corrections due to Member States' reporting problems; asks the Commission to solve these problems and expects it to present a detailed timetable for the development and application of a new reporting scheme;

6.  Points out that it is the impact of the actions which will form the basis of the evaluation of the success of the Action Plan through decreasing error rates and improved ratings of control systems confirmed by the ECA;

7.  Fully expects that such improvements will have a real impact on the ECA's Annual Report for 2008;

8.  Encourages the Commission to increase transparency in its impact assessment of the Action Plan and to fully supervise its implementation;

Actions 4, 10 and 10N: error index or acceptable risk of error - analysis of the existing balance between operational expenditure and the cost of the control system

9.  Regrets the fact that in two of the most important actions for this Parliament there is a degree of delay with regard to the planned calendar;

10.  Especially regrets the fact that Action 4 of the Action Plan concerning the launching of an inter-institutional initiative on the basic principles to be considered regarding the risks to be tolerated in the underlying transactions has not been yet implemented; agrees with the statement made by the ECA in its Opinion No 4/2006(9) that even if it is a vital concept for the integrated control system, how a 'tolerable level of risk' is to be determined has not yet been clarified;

11.  Points out that in paragraphs 2.9 and 2.10 of its Annual Report for 2005(10), the ECA already took the view that, with respect to the establishment of an integrated internal control framework, 'one of the most important objectives approved by the Commission is represented by the proportionality and cost-effectiveness of controls';

12.  Recalls, furthermore, the above-mentioned conclusions of the ECOFIN Council of 8 November 2005, that stated that 'The Council believes, in line with the Court's opinion 2/2004, that it should reach an understanding with the European Parliament regarding the risks to be tolerated in the underlying transactions, having regard to the costs and benefits of controls for the different policy areas and the value of the expenditure concerned';

13.  Points out that at paragraph 2.42, point (c) of its Annual Report for 2007, the ECA recommends making progress in taking forward the concept of tolerable risk, and at paragraph 1.52, point (c) in Chapter 1 (concerning the Statement of Assurance and supporting information) of that report, it states that 'the balance between cost and residual risk for individual spending areas is of such importance that it should be approved by the political level (i.e. by the budget/discharge authorities) in the name of the citizens of the Union';

14.  Urges the Commission to promptly adopt the promised communication on this issue, with the aim of re-launching the inter-institutional discussion on tolerable risk as already requested by Parliament in its discharge resolution of 24 April 2007 for the financial year 2005(11) and its discharge resolution of 22 April 2008 for the financial year 2006(12); invites the Commission to fully disclose to the public the methods being used for the determination of rates of error,

15.  Considers, therefore, that the Commission, in line with the principles of proportionality and cost efficiency (value for money) of control systems, should evaluate the relationship between, on the one hand, the resources available for each particular policy, and, on the other, the part of those resources dedicated to the control systems broken down by area of expenditure, as requested by Parliament in its discharge resolution for the financial year 2005;

16.  Reminds the Commission of the importance of carrying out the comparative analysis which alone will enable the establishment of an acceptable risk level of error, and of forwarding it to Parliament, the Council and the ECA;

17.  Believes that the cost-benefit ratio existing between the resources dedicated to control activities and the results obtained by controls should be a key element to be taken into account by the ECA;

18.  Highlights the very important observation made by the ECA at paragraph 1.52, point (d), of its Annual Report for 2007 that 'If a scheme cannot be satisfactorily implemented at an acceptable level of cost and with tolerable risk it should be reconsidered';

19.  Asks the Commission, with regard to Actions 10 and 10N, to present reliable information on the costs of the control systems and on possible means of simplification with the aim of finding a better balance between the need for controls and the aim of lessening the administrative burden for applicants and beneficiaries of EU funds;

20.  Recalls its own view and the view of the Court of Auditors that complicated or unclear rules and complex legal requirements negatively impact on the legality and regularity of EU spending; considers it necessary to take up the issue of simplification as an important point in the next reform of the Financial Regulation and in the future legal basis of EU spending programmes;

Actions 1, 3, 3N, 5, 10, 10a, 11N, 13 and 15: cooperation with the Member States is needed

21.  Highlights that in relation to the implementation of Actions 1, 3, 3N, 5, 10, 10a, 11N, 13, and 15, the Commission is also dependant on cooperation with the Member States; emphasises that it fully supports these actions, and therefore urges the Commission to use every available tool at its disposal to implement them fully as soon as possible;

22.  Recalls the statement made by the Commission in its above-mentioned 2008 communication (COM(2008)0110) that Actions 1, 3, 3N, 5, 8 and 13 have been completed;

23.  Points out nevertheless that so far it has been unaware of supporting documents or statements justifying such a declaration; is forced therefore to seriously question whether these measures have been completed and whether they have been implemented or have had an impact on the progress of the implementation of the Action Plan;

24.  Calls on the Court of Auditors to report in more detail on cooperation with its national counterparts and to predict when this cooperation will show positive effects;

Actions 5 and 13: promotion of the use of annual summaries and management declarations

25.  Welcomes the annual summaries of available audits and declarations at national level, presented for the first time on 15 February 2008, which are a considerable step towards the target of improving management of EU funds; regrets, however, the lack of transparency concerning these annual summaries, which the Commission had not sent to Parliament;

26.  Welcomes the provision as from 2008 of annual summaries and the assessment and declarations provided in the 2006 and 2007 Annual Activity Reports of the Directorates-General dealing with Structural Funds, but is far from considering Actions 5 and 13 as having been completed as there is a lack of information to Parliament;

27.  Regrets that Parliament has until now not received complete information from the Commission concerning the assessment and comparative analysis of the first annual summaries presented;

28.  Points out moreover that in its Annual Report for 2007, the ECA states that due to the disparity of presentation, annual summaries do not yet provide a reliable assessment of the functioning and effectiveness of the system;

Action 11N: developing a typology of error and relationship with recoveries and financial corrections

29.  Regrets the fact that, despite the considerable efforts made by the Commission, according to the ECA the Commission was unable to present complete figures or demonstrate that the figures eventually presented could be clearly reconciled with the published financial statements;

30.  Encourages the Commission to complete the implementation of this important action in order to obtain a greater degree of compliance with reporting requirements and to improve the accuracy of the data provided by Member States;

Action 8N: cooperation with the National Supreme Audit Institutions and how their work can be used to provide assurance

31.  Points out that, although not a part of the internal control framework, the independent Supreme Audit Institutions, as external auditors of national public spending, may be able to play a key role in the audit of public funds;

32.  Fully supports the cooperation started by the Commission with some of the National Supreme Audit Institutions, and encourages continued contact with such institutions with the aim of determining how their work can be used to increase assurance as regards the execution of programmes in the Member States;

33.  Welcomes the Commission's initiative to develop a structured approach to support contacts with National Supreme Audit Institutions and furthermore encourages the Commission to complete the implementation of this action in close cooperation with the ECA;

o
o   o

34.  Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.

(1) OJ C 107, 30.4.2004, p. 1.
(2) OJ L 340, 6.12.2006, p. 5.
(3) OJ C 286, 10.11.2008, p.1.
(4) OJ L 248, 16.9.2002, p. 1.
(5) OJ L 390, 30.12.2006, p. 1.
(6) Abbreviation of the French term 'Déclaration d'assurance'.
(7) Opinion No 2/2004 (OJ C 107, 30.4.2004, p. 1) (the "Single Audit" Opinion).
(8) OJ L 196, 27.7.2005, p. 4.
(9) OJ C 273, 9.11.2006, p. 2.
(10) OJ C 263, 31.10.2006, p. 1.
(11) OJ L 187, 15.7.2008, p. 25.
(12) Texts adopted, P6_TA(2008)0133.


Cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters
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European Parliament resolution of 10 March 2009 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (2008/2180(INI))
P6_TA(2009)0089A6-0058/2009

The European Parliament,

–   having regard to the Commission's report on the application of the Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (COM(2007)0769),

–   having regard to Council Regulation (EC) No 1206/2001(1),

–   having regard to the ongoing work of the Hague Conference on the practical operation of the Hague Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters,

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0058/2009),

A.   whereas Regulation (EC) No 1206/2001 has not been enforced as effectively as it might have been, and further action is therefore needed in order to improve cooperation between the Member States" courts for the purposes of taking evidence and enhancing the efficiency of the Regulation,

B.   whereas Regulation (EC) No 1206/2001 sets out to improve, simplify and accelerate cooperation between courts on the taking of evidence in civil and commercial matters,

C.   whereas the Commission admittedly arranged for the distribution of a total of 50 000 copies of the practice guide to Member States in late 2006/early 2007, but this was done much too late, and other steps accordingly need to be taken in addition so as to enable those involved in proceedings, especially courts and practitioners, to be better informed about the Regulation,

D.   whereas the Commission finds nevertheless that the 90-day time-limit for complying with requests for the taking of evidence laid down in Article 10(1) of the Regulation is exceeded in a "significant number of cases" and that "in some cases even more than 6 months are required",

E.   whereas only a few Member States currently have facilities for video-conferencing, which is consequently not being sufficiently used; whereas, in addition, Member States are not doing enough to introduce modern communications technology, and nor is the Commission proposing any specific remedies on that point,

1.  Condemns the late submission of the above-mentioned Commission report, which, according to Article 23 of Regulation (EC) No 1206/2001, should have been submitted by 1 January 2007 but in fact was not submitted until 5 December 2007;

2.  Concurs with the Commission that greater efforts should be made by Member States to bring the Regulation sufficiently to the attention of judges and practitioners in the Member States in order to encourage direct court-to-court contacts, since the direct taking of evidence provided for in Article 17 of the Regulation has shown its potential to simplify and accelerate the taking of evidence, without causing any particular problems;

3.  Considers that it is essential to bear in mind that the central bodies provided for in the Regulation still have an important role to play in overseeing the work of the courts which have responsibility for dealing with requests under the Regulation and in resolving problems when they arise; points out that the European Judicial Network can help to solve problems which have not been resolved by the central bodies and that recourse to those bodies could be reduced if requesting courts were made more aware of the Regulation; takes the view that the assistance provided by the central bodies may be critical for small local courts faced with a problem relating to the taking of evidence in a cross-border context for the first time;

4.  Advocates the extensive use of information technology and video-conferencing, coupled with a secure system for sending and receiving e-mails, which should become in due course the ordinary means of transmitting requests for the taking of evidence; notes that, in their responses to a questionnaire sent out by the Hague Conference, some Member States mention problems in connection with the compatibility of video links, and considers that this should be taken up under the European e-Justice strategy;

5.  Considers that the fact that in many Member States facilities for video-conferencing are not yet available, together with the Commission's finding that modern means of communication are "still used rather rarely", confirms the wisdom of the plans for the European e-Justice strategy recently recommended by Parliament's Legal Affairs Committee; urges Member States to put more resources into installing modern communications facilities in the courts and training judges to use them, and calls on the Commission to produce specific proposals aimed at improving the current state of affairs; takes the view that the appropriate degree of EU assistance and financial support should be provided as soon as possible;

6.  Takes the view that efforts should be made in the context of the e-Justice strategy to assist courts in meeting the translation and interpreting demands posed by the taking of evidence across borders in an enlarged European Union;

7.  Notes with considerable concern the Commission's finding that the 90-day time-limit for complying with requests for the taking of evidence, as laid down in Article 10(1) of the Regulation, is exceeded in a "significant number of cases" and that "in some cases even more than 6 months are required"; calls on the Commission to submit specific proposals as quickly as possible on measures to remedy this problem, one option to consider being a complaints body or contact point within the European Judicial Network;

8.  Criticises the fact that, by concluding that the taking of evidence has been improved in every respect as a result of Regulation (EC) No 1206/2001, the Commission report presents an inaccurate picture of the situation; calls on the Commission, therefore, to provide practical support, inter alia in the context of the e-Justice strategy, and to make greater efforts to realise the true potential of the Regulation for improving the operation of civil justice for citizens, businesses, practitioners and judges;

9.  Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.

(1) OJ L 174, 27.6.2001, p. 1.


Implementation of Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts
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European Parliament resolution of 10 March 2009 on implementation of Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts (2008/2247(INI))
P6_TA(2009)0090A6-0014/2009

The European Parliament,

–   having regard to Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts(1),

–   having regard to its resolution of 21 February 2008 on the Commission's 23rd Annual report on monitoring the application of Community law (2005)(2),

–   having regard to its resolution of 21 October 2008 on monitoring the application of Community law – 24th annual report from the Commission(3),

–   having regard to its resolution of 4 September 2007 on better lawmaking 2005: application of the principles of subsidiarity and proportionality – 13th report(4),

–   having regard to its resolution of 4 September 2007 on better regulation in the European Union(5),

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0014/2009),

A.   whereas Parliament has repeatedly stated that there is a point to EU legislation only if it is complied with in the Member States, and whereas monitoring of the transposition and application of EU legislation by Member States must therefore be stepped up; whereas Parliament has proposed that, after the transposition deadline has expired, the rapporteur should inform Parliament of the state of play,

B.   whereas Directive 2006/43/EC ("the Directive") was adopted by Parliament and the Council on 17 May 2006 and the period for transposition in the Member States expired on 29 June 2008, and whereas there must be an examination as to whether transposition has proceeded correctly,

C.   whereas the "scoreboard" published by the Commission, whilst identifying which articles have been implemented by whom, provides no information on the way in which implementation has proceeded or on whether national rules meet the minimum standard set by the Directive,

D.   whereas the objective of the Directive is, first, to optimise the quality of audits of annual accounts throughout the EU, thus increasing confidence in such reporting and improving the situation in the financial markets, and, second, to establish a level playing-field for the accountancy sector within the internal market,

E.   whereas implementation of the Directive in Member States must be checked by reference to this twin objective,

1.  Notes that the Directive was adopted in response to the crisis that followed the collapse of Enron; emphasises that the current financial crisis highlights the importance of high-quality accounting and auditing practices; deplores the fact that only 12 Member States have transposed the Directive in full; urges the Commission to ensure its immediate transposition and enforcement;

2.  Notes with concern that transposition of the crucial notions of "public-interest entity"(6) (PIE) and "network"(7) is leading to differing interpretations among Member States; stresses in this connection that for an undertaking identified as a PIE, and also for the accountant auditing that undertaking, the Directive introduces various far-reaching obligations; notes further that the Directive also introduces various additional obligations for audit firms covered by the definition of "network"; observes that further consideration is needed with regard to the impact of the definition of "network" and the lack of legal clarity regarding the liability of firms for the actions of other firms that belong to the same network; fears in general that a patchwork of definitions will lead to legal uncertainty and high costs of compliance and will thus, ultimately, adversely affect attainment of the Directive's objective; therefore calls on the Commission to undertake a comprehensive review of the implementation of the definitions and the discernible effects of their introduction, and to seek clarity regarding the long-term policy priorities for the EU in this area and the way in which these may best be achieved, in consultation with the Member States;

3.  Notes that many Member States have not yet implemented Article 41 of the Directive, under which Member States must require PIEs to set up an audit committee or comparable body; is of the opinion that this requirement is an important means of guaranteeing the independence of statutory audits of PIEs' annual accounts;

4.  Stresses that recent experience shows the need for frequent and high-quality interaction within audit committees and between independent directors, supervisory boards and auditors, and that non-executive board members should consider carefully the possibility of having meetings without executive board members being present;

5.  Concludes that certain Member States have implemented the Directive's requirement of auditor rotation within a maximum of seven years with a very short rotation period of as little as two or three years; doubts that such short rotation periods enhance the quality and continuity of statutory audits of PIEs, and points out that they hamper the auditors' and audit firms' sound understanding of the audited entity;

6.  Regrets that not all Member States have introduced the system of public oversight required by the Directive; notes further that, in Member States where forms of public oversight have been introduced, there are considerable differences between them; notes that public oversight under the Directive must be organised in such a way that conflicts of interest are avoided; wonders, in the light of this, whether oversight authorities directly linked to national governments meet that requirement;

7.  Considers it very important that the cooperation required under the Directive between public-oversight authorities should actually materialise, since intensive cooperation between oversight authorities fosters convergence between Member States and can prevent additional administrative burdens resulting from different national procedures and requirements;

8.  Stresses that listed subsidiaries are subject to statutory audits; recommends that national law require that parent undertakings holding such subsidiaries be subject to statutory audits performed by auditors approved in accordance with the Directive;

9.  Considers that there is a very significant lack of clarity in relation to the implementation of Article 47 of the Directive, which deals with the audit working papers; points out that, whilst Member States may allow the transfer to the competent authorities of a third country of audit working papers or other documents held by the statutory auditors or audit firms approved by them, there are legal and data-protection issues to be addressed in order to ensure that the information which EU auditors receive from their client companies is kept confidential and does not get into the public domain of third countries where such companies are listed or where the parent company is incorporated;

10.  Calls on the Commission to make a careful evaluation of all national legislation transposing the Directive, to tackle resolutely the problems referred to in paragraphs 1 to 9 and to report to Parliament on this within two years; doubts whether the chosen method of minimum harmonisation is really the right way to realise the objectives of this and other internal-market-related directives, since the many derogations allowed by the Directive will lead to further fragmentation of the accountancy market; calls on the Commission to make use of clear concepts when harmonisation is being carried out;

11.  Points out that undue delay in the approval of International Standards on Auditing (ISAs) could have an adverse effect on the regulatory environment, resulting in further fragmentation, which is contrary to the general objective of the Directive; requests the Commission, therefore, to avoid unnecessary delay in the adoption of ISAs and to launch a broad public consultation on their adoption;

12.  Takes the view that careful monitoring and verification of the correct and timely implementation of EU legislation is an essential means of achieving better application of EU law and avoiding gold-plating practices that may occur on the basis of, for example, Article 40 of the Directive, which lays down a non-exhaustive list of requirements for transparency reporting;

13.  Supports the Commission's guidance of, and close cooperation with, Member States, aimed at securing correct and timely implementation, for example by making use of transposition workshops as a forum for establishing consensus on the implementation of particular provisions of Community legislation; supports the use of correlation tables in the process of implementation as a means of achieving maximum convergence; is nevertheless of the opinion that still more has to be done to give clear guidance to Member States in the course of implementation and to steer Member States towards an unequivocal implementation of Community legislation;

14.  Strongly emphasises that any quasi-legislative measure within the scope of the Directive can only be adopted pursuant to the application of the regulatory procedure with scrutiny, accompanied where appropriate by an evaluation of its impact;

Recommendation on quality assurance

15.  Welcomes Commission Recommendation 2008/362/EC of 6 May 2008 on external quality assurance for statutory auditors and audit firms auditing public interest entities(8); subscribes to the established view that it is important to have independent external quality assurance reviews in line with the Directive's objective of enhancing the quality of audits and the credibility of published financial information; endorses, moreover, the established view that the total independence and impartiality of inspections and inspectors are of the utmost importance;

16.  Urges the Commission to promote national quality assurance structures, in close collaboration with the Member States, which ensures independent and external quality assurance for accountancy firms; stresses, in this connection, that the European legislative authority must confine itself to general framework provisions set out in the Directive and the recommendation and that it must be left to the profession to flesh out those rules;

Decision on the registration of third-country auditors

17.  Takes note of Commission Decision 2008/627/EC of 29 July 2008 concerning a transitional period for audit activities of certain third country auditors and audit entities(9); asks the Commission to communicate to Parliament its follow-up on the question of the registration of third-county auditors;

Auditors' liability

18.  Notes that divergences between Member States' liability regimes might lead to regulatory arbitrage and undermine the internal market, but is aware of the differing levels of exposure linked to the size of audit firms and companies with which they deal; emphasises that liability claims often come from third countries in which such litigation is largely driven by contingency-fee arrangements; is reluctant to welcome such a litigation culture into the European Union and asks for a more fundamental resolution to the perverse effects of such fee-driven practices;

19.  Notes Commission Recommendation 2008/473/EC of 5 June 2008 concerning the limitation of the civil liability of statutory auditors and audit firms(10), which calls on Member States to limit the liability of accountants, with due regard for their own national legislation and circumstances; further notes the recommendation's objective of bolstering the level playing-field for undertakings and accountancy firms through greater convergence between Member States in this area; underlines that the objective of limiting the liability of auditors and audit firms proposed by the Commission recommendation must not violate the legal principles governing civil liability in certain Member States, such as the principle of the right to compensation for victims; underlines that, within the context of the current economic and financial crisis, the recommendation should not call into question the quality of the statutory audit or the confidence placed in the function of statutory audits; calls on the Commission to inform Parliament no later than in 2010 about the impact of, and the follow-up to, the recommendation, the important issue in this connection being, in particular, whether and to what extent, in accordance with the Directive's objective, the recommendation is leading to greater convergence between Member States; emphasises that, in the event that further measures prove necessary, the Commission must undertake an impact study assessing the possible effects of limitation of civil liability of auditors and audit firms on the quality of audits, financial security and the concentration on the audit market;

Consultation on ownership rules

20.  Welcomes the consultation initiated by the Commission on ownership rights in accountancy firms and looks forward with interest to the responses of stakeholders;

o
o   o

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

(1) OJ L 157, 9.6.2006, p. 87.
(2) Texts adopted, P6_TA(2008)0060.
(3) Texts adopted, P6_TA(2008)0494.
(4) OJ C 187 E, 24.7.2008, p. 67.
(5) OJ C 187 E, 24.7.2008, p. 60.
(6) Article 2(13) of the Directive.
(7) Article 2(7) of the Directive.
(8) OJ L 120, 7.5.2008, p. 20.
(9) OJ L 202, 31.7.2008, p. 70.
(10) OJ L 162, 21.6.2008, p. 39.


Equal treatment and access for men and women in the performing arts
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European Parliament resolution of 10 March 2009 on equality of treatment and access for men and women in the performing arts (2008/2182(INI))
P6_TA(2009)0091A6-0003/2009

The European Parliament,

–   having regard to Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions(1),

–   having regard to Council Directive 97/80/EC of 15 December 1997 on the burden of proof in cases of discrimination based on sex(2),

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

–   having regard to its resolutions of 7 June 2007 on the Social status of artists(3) and of 3 September 2008 on Equality between women and men - 2008(4),

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Women's Rights and Gender Equality (A6-0003/2009),

A.   whereas inequalities in career prospects and opportunities between women and men in the performing arts are very much present and persistent,

B.   whereas the mechanisms which produce these gender inequalities should be seriously analysed,

C.   whereas the principle of equality between men and women should apply to all players in the performing arts sector, in all disciplines, all types of structure (production, broadcasting and teaching) and all activities (artistic, technical and administrative),

D.   whereas men and women are not proportionally represented in the various jobs in the performing arts, and whereas this initial form of inequality is compounded by disparities in work and employment conditions and income,

E.   whereas inequalities in access to decision-making posts, means of production and broadcast networks are apparent to varying degrees in all disciplines of the performing arts,

F.   whereas the objective of equality in jobs in the performing arts presupposes the systematic opening-up of all jobs to both men and women,

G.   whereas talent alone is not sufficient for the artistic quality of a performance or the success of a professional career, and whereas taking better account of the representation of men and women in jobs in the performing arts would have the effect of reinvigorating the sector,

H.   whereas, therefore, the current instances of segregation that still persist in the performing arts should be changed, not only by modernising and democratising the sector, but also by setting realistic equality goals which promote social justice,

I.   whereas the existing inequalities leave skills and talents unexploited and are damaging to the artistic dynamism, influence and economic development of the sector,

J.   whereas persistent prejudices too often lead to discriminatory behaviour towards women in selection and appointment procedures and in work relations; whereas women often receive lower remuneration than men even if they have higher educational qualifications, a stronger interest in training and stronger networks,

K.   whereas the obstacles to gender equality in this sector are particularly deep rooted and require specific steps to be taken to reduce inequalities, taking account also of the leverage effect which that may have on society as a whole,

L.   whereas there are great shortcomings as regards social protection for both men and women active in the arts and whereas income, particularly that of women, is adversely affected by this,

1.  Underlines the scale and persistence of the inequalities between men and women in the performing arts and the impact that the unequal way in which the sector is organised can have on society as a whole, given the particular nature of its activities;

2.  Underlines the vital need to promote and encourage access for women to all the artistic professions where they are still in the minority;

3.  Notes that the proportion of women employed in artistic professions and in the official culture industry is only very small and that women are under-represented in positions of responsibility in cultural institutions and in academies and universities;

4.  Recognises the need to take specific action in this sector to analyse the mechanisms and behaviour that produce these inequalities;

5.  Notes that behaviour is transformed only when the two sexes work alongside each other, through the input of points of view, sensibilities, methods and interests which complement each other;

6.  Emphasises the need to promote access for women to all the artistic professions and all jobs in the performing arts where they are in the minority and encourages the Member States to remove all obstacles to women accessing top positions in cultural institutions and in academies and universities;

7.  Stresses that discrimination against women holds back the development of the cultural sector by depriving it of talent and skills and notes that talent requires contact with the public in order to achieve recognition;

8.  Calls for measures to be taken to increase the presence of women on the directors" boards of institutions, in particular by promoting equality within cultural undertakings and institutions and professional organisations;

9.  Calls on the actors in the field of culture to increase the presence of female creators and their works in programming, collections, publishing and consultation;

10.  Notes that the progress achieved in gender equality will progressively allow the mixing of sexes in work teams, programme planning and professional meetings, which today often function according to a system of separation of the sexes which is difficult to reconcile with the demands of our society;

11.  Stresses the importance of ensuring whenever possible that applications are anonymous and emphasises the need to continue using screened-off auditions for recruiting orchestra musicians, which has helped women join orchestras;

12.  Calls on the Commission and the Member States to consider ensuring, without delay and as a first realistic step in the fight against inequality in the performing arts, that at least a third of the people in all branches in the sector are of the minority sex;

13.  Encourages the Member States:

   (a) to consider together with their cultural institutions how best to understand the mechanisms which produce inequalities so as to avoid as far as possible any discrimination on the basis of sex;
   (b) to remove all obstacles to women accessing top positions in the most prestigious cultural institutions and organisations;
   (c) to introduce to the sector new ways of organising work, delegation of responsibilities and time management which take into account the personal-life constraints of women and men;
   (d) to recognise that in this sector, where untypical hours, high mobility and job insecurity are the norm and are more destabilising for women, collective solutions should be found for providing childcare (e.g. opening of crèches in cultural undertakings with hours adapted to rehearsal and performance times);

14.  Reminds the cultural institutions of the vital need to translate into fact the democratic notion that equal work by men and women must be matched by identical pay, which, in the arts as in many other sectors, is still not the case;

15.  Encourages the Member States to produce comparative analyses of the current situation in the performing arts in the various countries of the Union, to draw up statistics in order to facilitate the design and implementation of common policies and to ensure that the progress achieved can be compared and measured;

16.  Calls on the Member States to improve the social situation of persons active in the arts and culture sector, taking account of the various employment relations involved, and to ensure better social protection;

17.  Instructs its President to forward this resolution to the Council and Commission and to the parliaments of the Member States.

(1) OJ L 269, 5.10.2002, p. 15.
(2) OJ L 14, 20.1.1998, p. 6.
(3) OJ C 125 E, 22.5.2008, p. 223.
(4) Texts adopted on that date, P6_TA(2008)0399.


Type-approval requirements for the general safety of motor vehicles ***I
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European Parliament legislative resolution of 10 March 2009 on the proposal for a regulation of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles (COM(2008)0316 – C6-0210/2008 – 2008/0100(COD))
P6_TA(2009)0092A6-0482/2008
CORRIGENDA

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0316),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0210/2008),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on Industry, Research and Energy (A6-0482/2008),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 10 March 2009 with a view to the adoption of Regulation (EC) No .../2009 of the European Parliament and of the Council concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor

P6_TC1-COD(2008)0100


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 661/2009.)


Industrial emissions (integrated pollution prevention and control) (recast) ***I
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Annex
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European Parliament legislative resolution of 10 March 2009 on the proposal for a directive of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (recast) (COM(2007)0844 – C6-0002/2008 – 2007/0286(COD))
P6_TA(2009)0093A6-0046/2009

(Codecision procedure: recast)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0844),

–   having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0002/2008),

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

–   having regard to the letter of 10 September 2008 from the Committee on Legal Affairs to the Committee on Environment, Public Health and Food Safety in accordance with Rule 80a(3) of its Rules of Procedure,

–   having regard to Rules 80a and 51 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 Legal Affairs (A6-0046/2009),

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

1.  Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission and incorporating the technical amendments approved by the Committee on Legal Affairs and as amended below;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 10 March 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control) (recast)

P6_TC1-COD(2007)0286


(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175 (1) thereof,

Having regard to the proposal from the Commission║,

Having regard to the opinion of the European Economic and Social Committee(2),

Having regard to the opinion of the Committee of the Regions(3),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),

Whereas:

(1)  A number of substantial changes are to be made to Council Directive 78/176/EEC of 20 February 1978 on waste from the titanium dioxide industry(5), Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry(6), Council Directive 92/112/EEC of 15 December 1992 on procedures for harmonizing the programmes for the reduction and eventual elimination of pollution caused by waste from the titanium dioxide industry(7), Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(8), Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations(9), Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste(10) and Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants(11). In the interests of clarity, those Directives should be recast.

(2)  In order to prevent, reduce and as far as possible eliminate pollution arising from industrial activities in compliance with the "polluter pays" principle and the principle of pollution prevention, it is necessary to establish a general framework for the control of the main industrial activities giving priority to intervention at source and ensuring prudent management of natural resources.

(3)  Compliance with the emission limit values provided for in this Directive should be regarded as a necessary but insufficient condition for meeting the objectives of preventing and reducing pollution and achieving a high level of protection of the environment, including groundwater, air and soil, and of the public. In order to meet those objectives, it may be necessary to lay down more stringent limit values for the polluting substances covered by this Directive, the emission values for other substances and environmental components, and other appropriate conditions.

(4)  Different approaches to controlling emissions into the air, water or soil separately may encourage the shifting of pollution between the various environmental media rather than protecting the environment as a whole. It is therefore appropriate to provide for an integrated approach to prevention and control of emissions into air, water or soil, to waste management, to efficient use of energy and to prevention of accidents.

(5)  It is appropriate to revise the legislation related to industrial installations in order to simplify and clarify the existing provisions, reduce unnecessary administrative burdens and implement the conclusions of the Commission Communications on the Thematic Strategy on Air Pollution(12), the Thematic Strategy for Soil Protection(13) and the Thematic Strategy on the Prevention and Recycling of Waste(14) adopted as a follow-up to Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme(15). Those communications set objectives to protect human health and the environment which cannot be met without further reductions of emissions arising from industrial activities.

(6)  In order to guarantee the prevention and control of pollution, each installation should operate only if it holds a permit or, in the case of certain installations and activities using organic solvents, only if it holds a permit or if it is registered. The overall use of organic solvents should be minimised.

(7)  In order to facilitate the granting of permits, Member States should be able to set requirements for certain categories of installations in general binding rules.

(8)  In order to avoid duplication of regulation, the permit for an installation covered by Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community(16) should not include an emission limit value for the emissions of greenhouse gases except where it is necessary to ensure that no significant local pollution is caused or where an installation is temporarily excluded from that scheme.

(9)  Operators should submit an application for a permit to the competent authority which contains the information that is necessary for setting the permit conditions. Operators should be able to use information resulting from the application of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(17) and of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances(18) when submitting an application for a permit.

(10)  The permit should include all the ║measures necessary to achieve a high level of protection for the environment as a whole and should also include emission limit values for polluting substances, appropriate requirements for the protection of the soil and groundwater, monitoring requirements and a list of the dangerous substances or preparations used as defined in Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(19). The conditions of the permit should be set on the basis of best available techniques.

(11)  In order to determine what is considered best available techniques and to limit the imbalances in the Community as regards the level of emissions of industrial activities, the Commission should publish the reference documents for the best available techniques (hereinafter "BAT reference documents") as a result of an exchange of information with stakeholders. Those BAT reference documents should be the reference for setting permit conditions. They can be supplemented by other sources.

(12)  In order to take into account certain specific circumstances, competent authorities should be able to lay down emission limit values, equivalent parameters or technical measures resulting in emission levels that may exceed the emission levels associated with the best available techniques as described in the BAT reference documents. ▌

(13)  In order to enable operators to test emerging techniques which could provide for a higher level of environmental protection, the competent authority should also be able to grant temporary derogations from emission levels associated with the best available techniques as described in the BAT reference documents.

(14)  Changes to an installation may give rise to higher levels of pollution. The competent authority should therefore be notified of any planned change which might affect the environment. Substantial changes to installations which may have significant negative effects on humans or the environment should be subject to the reconsideration of a permit to ensure that the installations concerned continue to meet the requirements of this Directive.

(15)  The spreading of livestock manure and slurry can lead to significant impacts on the quality of the environment. In order to ensure that the prevention and control of these impacts is carried out in an integrated way, it is necessary that manure and slurry generated by activities covered by this Directive are spread by the operator or by third parties using best available techniques. In order to provide Member States with flexibility in meeting these requirements, the application of best available techniques to operator or third party spreading may be specified within the permit or in other measures.

(16)  In order to take account of developments in the best available techniques or other changes regarding the changes to an installation, permit conditions should be reconsidered regularly and, where necessary, updated, in particular where the Commission adopts a new or updated BAT reference document.

(17)  It is necessary to ensure that the operation of an installation does not lead to a significant deterioration of the quality of soil and groundwater. Where necessary and appropriate, permit conditions should therefore include the monitoring of soil and groundwater and the requirement to remediate the site upon definitive cessation of activities, in accordance with the requirements laid down in Community and national law. As soon as Community legislation amending Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage(20) or new legislation on the protection of soil and groundwater enters into force, the Commission should review the provisions on the protection of soil and groundwater provided for in this Directive in order to ensure consistency and to avoid overlap.

(18)  In order to ensure ║ effective implementation and enforcement of this Directive, operators should regularly report on compliance with permit conditions to the competent authority. Member States should ensure that operators comply with those conditions and that the operator and the competent authority take necessary measures in a case of non-compliance with this Directive and provide for a system of environmental inspections. It is for the Member States to determine the most appropriate enforcement regimes, including how emission limit values should be complied with.

(19)  Bearing in mind the provisions of the Aarhus Convention(21), effective public participation in decision-making is necessary to enable the public to express, and the decision-maker to take account of, opinions and concerns which may be relevant to those decisions, thereby increasing the accountability and transparency of the decision-making process and contributing to public awareness of environmental issues and support for the decisions taken. The members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being.

(20)  Large combustion plants contribute greatly to emissions of polluting substances into the air resulting in a significant impact on human health and the environment. In order to reduce that impact and to work towards meeting the requirements of Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants(22) and the objectives set in the Commission Communication on the Thematic Strategy on Air Pollution, it is necessary to set more stringent emission limit values at Community level for certain categories of combustion plants and pollutants.

(21)  In the case of a sudden interruption in the supply of low-sulphur fuel or gas resulting from a serious shortage, the competent authority should be able to grant temporary derogations to allow emissions of the combustion plants concerned to exceed the emission limit values set out in this Directive.

(22)  The operator concerned should not operate a combustion plant for more than 24 hours after malfunctioning or breakdown of abatement equipment and unabated operation should not exceed 120 hours in a 12-month period in order to limit the negative effects of pollution on the environment. However, where there is an overriding need for energy supplies or it is necessary to avoid an overall increase of emissions by operation of another combustion plant, competent authorities should be able to grant a derogation from those time limits.

(23)  In order to ensure a high level of environmental and human health protection and to avoid transboundary movements of waste to plants operating at lower environmental standards, it is necessary to maintain and set stringent operational conditions, technical requirements and emission limit values for plants incinerating or co-incinerating waste within the Community.

(24)  The use of organic solvents in certain activities and installations gives rise to emissions of organic compounds into the air which contribute to the local and transboundary formation of photochemical oxidants which causes damage to natural resources and has harmful effects on human health. It is therefore necessary to take preventive action against the use of organic solvents and establish the requirement to comply with emission limit values for organic compounds and appropriate operating conditions. It should be possible to grant derogations from compliance with the emission limit values to operators where other measures, such as the use of low-solvent or solvent-free products or techniques, provide alternative means of achieving equivalent emission limits.

(25)  Installations producing titanium dioxide can give rise to significant pollution into air and water and may pose a toxicological threat. In order to reduce these impacts, it is necessary to set at Community level more stringent emission limit values for certain polluting substances.

(26)  The measures necessary for the implementation of this Directive should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(23).

(27)  In accordance with the "polluter pays" principle, Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. Those penalties should be effective, proportionate and dissuasive.

(28)  In order to provide existing installations with sufficient time to technically adapt to the new requirements of this Directive, some of the new requirements should apply to those installations after a fixed period from the date of application of this Directive. Combustion plants need sufficient time to install the necessary abatement measures to meet the emission limit values set out in Annex V.

(29)  In order to address the significant problems raised by the emissions of dioxins, furans and other relevant polluting substances emitted by installations producing pig iron and steel and, in particular, sintering iron ore, the procedure on the minimum requirements laid down in this Directive should be applied to such installations as a priority and in any event by 31 December 2011.

(30)  Since the objectives of the action to be taken, namely to ensure a high level of environmental protection and the improvement of environmental quality, cannot be sufficiently achieved by the Member States and can therefore, by reason of the transboundary nature of pollution from industrial activities, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(31)  This Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to promote the application of Article 37 of the Charter of Fundamental Rights of the European Union.

(32)  The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive change as compared with the earlier Directives recast by this Directive. The obligation to transpose the provisions which are unchanged arises under the earlier Directives.

(33)  This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B.

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

Common provisions

Article 1

Subject matter 

This Directive lays down rules on integrated prevention and control of pollution arising from industrial activities.

It also lays down rules designed to prevent or, where that is not practicable, to reduce emissions in the air, water and land and to prevent generation of waste, in order to achieve a high level of protection of the environment taken as a whole.

Article 2

Scope

1.  This Directive shall apply to industrial activities giving rise to pollution referred to in Chapters II to VI.

2.  This Directive shall not apply to research activities, development activities or the testing of new products and processes.

Article 3

Definitions

For the purposes of this Directive the following definitions shall apply:

  (1) "substance" means any chemical element and its compounds, with the exception of the following substances:
   (a) radioactive substances as defined in Council Directive 96/29/Euratom of 13 May 1996 laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation(24);
   (b) genetically modified micro-organisms as defined in Council Directive 90/219/EEC ║ of 23 April 1990 on the contained use of genetically modified micro-organisms(25);
   (c) genetically modified organisms as defined in Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms ║(26);
   (2) "pollution" means the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat or noise into the air, water or land which may be harmful to human health or the quality of the environment, result in damage to material property, or impair or interfere with amenities and other legitimate uses of the environment;
   (3) "installation" means a stationary technical unit within which one or more activities listed in Annex I or in Part 1 of Annex VII are carried out, and any other directly associated activities on the same site which have a technical connection with the activities listed in those Annexes and which could have an effect on emissions and pollution;
   (4) "emission" means the direct or indirect release of substances, vibrations, heat or noise from individual or diffuse sources in an installation into the air, water or land;
   (5) "emission limit value" means the mass, expressed in terms of certain specific parameters, concentration and/or level of an emission, which may not be exceeded during one or more periods of time.
   (6) "environmental quality standard" means the set of requirements which must be fulfilled at a given time by a given environment or particular part thereof, as set out in Community legislation;
   (7) "permit" means a written authorisation to operate all or part of an installation or combustion plant, waste incineration plant or waste co-incineration plant;
   (8) "substantial change" means a change in the nature or functioning, or an extension, of an installation or combustion plant, waste incineration plant or waste co-incineration plant which may have significant negative effects on humans or the environment;
  (9) "best available techniques" means the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole:
   (a) "techniques" includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;
   (b) "available" techniques means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator;
   (c) "best" means most effective in achieving a high general level of protection of the environment as a whole.
   (10) "best available techniques associated emission levels" ('BAT-AELs') means a range of emission levels resulting from the application, in normal operating conditions, of the best available techniques as described in the BAT reference documents and expressed in the form of an average over a given period of time and under given reference conditions;
   (11) "operator" means any natural or legal person who operates or controls the installation or combustion plant, waste incineration plant or waste co-incineration plant or, where this is provided for in national legislation, to whom decisive economic power over the technical functioning of the installation or plant has been delegated;
   (12) "the public" means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups;
   (13) "the public concerned" means the public affected or likely to be affected by, or having an interest in, the taking of a decision on the issuing or the updating of a permit or of permit conditions; for the purposes of this definition, non-governmental organisations promoting environmental protection and meeting the requirements of any relevant national law shall be deemed to have an interest;
   (14) "emerging technique" means a novel technique for an industrial activity that, if industrially proven and commercially developed, would provide a higher general level of protection of the environment or at least the same level of protection and higher cost savings than existing best available techniques;
   (15) "dangerous substances' means dangerous substances or preparations as defined in ║Directive 67/548/EEC ║ and Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations(27);
   (16) "baseline report" means quantified information on the state of soil and groundwater contamination by significant amounts of relevant dangerous substances;
   (17) "routine inspection' means an environmental inspection carried out as part of a planned inspection programme;
   (18) "non-routine inspection' means environmental inspections carried out in response to complaints or in the investigation of accidents, incidents and occurrences of non-compliance;
   (19) "environmental inspection" means any activity that involves verifying that an installation complies with relevant environmental requirements;
   (20) "fuel" means any solid, liquid or gaseous combustible material used to fire a combustion plant;
   (21) "combustion plant" means any technical apparatus in which fuels are oxidised in order to use the heat thus generated;
   (22) "biomass" means any of the following: 
   (a) products consisting of any vegetable matter from agriculture or forestry which can be used as a fuel for the purpose of recovering its energy content;
  (b) the following waste used as a fuel:
   (i) vegetable waste from agriculture and forestry;
   (ii) vegetable waste from the food processing industry, if the heat generated is recovered;
   (iii) fibrous vegetable waste from virgin pulp production and from production of paper from pulp, if it is co-incinerated at the place of production and the heat generated is recovered;
   (iv) cork waste;
   (v) wood waste with the exception of wood waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood preservatives or coating;
   ( 23) "multi-fuel firing combustion plant" means any combustion plant which may be fired simultaneously or alternately by two or more types of fuel;
   (24) "gas turbine" means any rotating machine which converts thermal energy into mechanical work, consisting mainly of a compressor, a thermal device in which fuel is oxidised in order to heat the working fluid, and a turbine;
   (25) "waste" means waste as defined in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste(28);
   (26) "hazardous waste" means hazardous waste as defined in Article 3(2) of Directive 2008/98/EC;
   (27) "mixed municipal waste" means waste from households as well as commercial, industrial and institutional waste which, because of its nature and composition is similar to waste from households, but excluding fractions indicated under heading 20 01 of the Annex to Commission Decision 2000/532/EC ║(29) establishing the European Waste List║ that is collected separately at source and excluding the other wastes indicated under heading 20 02 of that Annex;
   (28) "waste incineration plant" means any stationary or mobile technical unit and equipment dedicated to the thermal treatment of waste, with or without recovery of the combustion heat generated, through the incineration by oxidation of waste as well as other thermal treatment processes if the substances resulting from the treatment are subsequently incinerated;
   (29) "waste co-incineration plant" means any stationary or mobile technical unit the main purpose of which is the generation of energy or production of material products and which uses waste as a regular or additional fuel or in which waste is thermally treated for the purpose of disposal through the incineration by oxidation of waste as well as other thermal treatment processes if the substances resulting from the treatment are subsequently incinerated;
   (30) "nominal capacity" means the sum of the incineration capacities of the furnaces of which a waste incineration plant or a waste co-incineration plant is composed, as specified by the constructor and confirmed by the operator, with due account being taken of the calorific value of the waste, expressed as the quantity of waste incinerated per hour;
   (31) "dioxins and furans" means all polychlorinated dibenzo-p-dioxins and dibenzofurans listed in Part 2 of Annex VI;
   (32) "residue" means any liquid or solid waste which is generated by a waste incineration plant or waste co-incineration plant;
   (33) "organic compound" means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;
   (34) "volatile organic compound" means any organic compound as well as the fraction of creosote, having at 293,15 K a vapour pressure of 0,01 kPa or more, or having a corresponding volatility under the particular conditions of use;
  (35) "organic solvent" means any volatile organic compound which is used for any of the following:
   (a) alone or in combination with other agents, and without undergoing a chemical change, to dissolve raw materials, products or waste materials;
   (b) as a cleaning agent to dissolve contaminants;
   (c) as a dissolver;
   (d) as a dispersion medium;
   (e) as a viscosity adjuster;
   (f) as a surface tension adjuster;
   (g) a plasticiser;
   (h) as a preservative;
   (36) "coating" means coating as defined in Article 2(8) of Directive 2004/42/EC of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products(30);
   (37) "general binding rules" means emission limit values or other conditions, defined in environmental legislation, at least at sector level, that are laid down with the intention to be used directly to set permit conditions.

Article 4

Obligation to hold a permit

1.  Member States shall take the necessary measures to ensure that no installation or combustion plant, waste incineration plant or waste co-incineration plant is operated without a permit.

By way of derogation from the first subparagraph, Member States may set a procedure for the registration of installations covered only by Chapter V. 

The procedure for registration shall be specified in a binding act and include at least a notification to the competent authority by the operator of the intention to operate an installation.

2.  Member States may provide that a permit may cover two or more installations or parts of installations operated by the same operator on the same site or on different sites.

Where a permit covers two or more installations, each installation shall comply individually with the requirements of this Directive.

Article 5

Operators

Member States may provide that two or more natural or legal persons are entitled to be the joint operator of an installation or combustion plant, waste incineration plant or waste co-incineration plant, or to be the operators of different parts of an installation or plant. A single natural or legal person shall be identified to take the responsibility for meeting the obligations of this Directive.

Article 6

Granting of a permit 

1.  The competent authority shall grant a permit if the installation complies with the requirements of this Directive.

2.  Member States shall take the measures necessary to ensure that the conditions of, and the procedures for the granting of, the permit are fully coordinated where more than one competent authority or more than one operator is involved or more than one permit is issued, in order to guarantee an effective integrated approach by all authorities competent for this procedure.

3.  In the case of a new installation or a substantial change where Article 4 of Directive 85/337/EEC applies, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6, 7 and 9 of that Directive shall be examined and used for the purposes of granting the permit.

Article 7

General binding rules 

Without prejudice to the obligation to hold a permit, Member States may include requirements for certain categories of installations, combustion plants, waste incineration plants or waste co-incineration plants in general binding rules.

Where general binding rules are adopted, the permit may simply include a reference to such rules. 

Article 8

Reporting on compliance

Member States shall take the necessary measures to ensure the following:

   (1) that the operator provides the competent authority with the relevant data on compliance with the permit conditions at least every 24 months, which shall be made available on the internet without delay. In the event that a breach of permit conditions has been identified by an inspection in accordance with Article 25, the reporting frequency shall be increased to at least once every twelve months;
   (2) that the operator informs the competent authority without delay of any incident or accident significantly affecting the environment.

Article 9

Non-compliance

1.  Member States shall take the necessary measures to ensure that the conditions of the permit are complied with.

2.  If it is found that the requirements of this Directive have been breached, Member States shall ensure the following:

   (a) that the operator immediately informs the competent authority;
   (b) that the operator and the competent authority take the measures necessary to ensure that compliance is restored within the shortest possible time.

In cases of a breach causing significant danger to human health or the environment and as long as compliance is not restored in accordance with point (b) of the first subparagraph, the operation of the installation or combustion plant, waste incineration plant or waste co-incineration plant shall be suspended.

Article 10

 Emission of greenhouse gases 

1.  Where emissions of a greenhouse gas from an installation are specified in Annex I to Directive 2003/87/EC in relation to an activity carried out in that installation, the permit shall not include an emission limit value for direct emissions of that gas, unless necessary to ensure that no significant local pollution is caused.

2.  For activities listed in Annex I to Directive 2003/87/EC, Member States may choose not to impose requirements relating to energy efficiency in respect of combustion units or other units emitting carbon dioxide on the site.

3.  Where necessary, the competent authorities shall amend the permit as appropriate.

4.  Paragraphs 1 to 3 shall not apply to installations which are temporarily excluded from the scheme for greenhouse gas emission allowance trading within the Community in accordance with Article 27 of Directive 2003/87/EC.

CHAPTER II

 Special provisions for activities listed in Annex I 

Article 11

Scope

This Chapter shall apply to the activities set out in Annex I and, where applicable, reaching the capacity thresholds set out in that Annex.

Article 12

General principles governing the basic obligations of the operator

Member States shall take the necessary measures to provide that the installations are operated in accordance with the following principles:

   (1) all the appropriate preventive measures are taken against pollution;
   (2) the best available techniques are applied;
   (3) no significant pollution is caused;
   (4) waste production is avoided in accordance with Directive 2008/98/EC;
   (5) where waste is produced, it is recovered or, where that is technically and economically impossible, it is disposed of while avoiding or reducing any impact on the environment;
   (6) energy is used efficiently;
   (7) the necessary measures are taken to prevent accidents and limit their consequences;
   (8) the necessary measures are taken upon definitive cessation of activities to avoid any risk of pollution and return the site of operation to a satisfactory state ▌ in accordance with the requirements laid down in Article 23(2) and (3).

Article 13

Applications for permits

1.  Member States shall take the necessary measures to ensure that an application for a permit includes a description of the following:

   (a) the installation and its activities;
   (b) the raw and auxiliary materials, other substances and the energy used in or generated by the installation;
   (c) the sources of emissions from the installation;
   (d) the conditions at the site of the installation;
   (e) if the activity involves significant amounts of relevant dangerous substances, a baseline report providing information on those substances;
   (f) the nature and quantities of foreseeable emissions from the installation into each medium as well as identification of significant effects of the emissions on the environment;
   (g) the proposed technology and other techniques for preventing or, where this is not possible, reducing emissions from the installation;
   (h) where necessary, measures for the prevention and recovery of waste generated by the installation;
   (i) further measures planned to comply with the general principles of the basic obligations of the operator as provided for in Article 12;
   (j) measures planned to monitor emissions into the environment;
   (k) the main relevant alternatives to the proposed technology, techniques and measures studied by the applicant in outline.

An application for a permit shall also include a non-technical summary of the details referred to in the first subparagraph and, where applicable, a baseline report.

2.  Where information supplied in accordance with the requirements provided for in Directive 85/337/EEC or a safety report prepared in accordance with Directive 96/82/EC or other information produced in response to other legislation fulfils any of the requirements of paragraph 1, that information may be included in, or attached to, the application.

Article 14

BAT reference documents and exchange of information

1.  The Commission shall organise exchanges of information between the Member States, representatives of their relevant competent authorities, operators and providers of techniques representing the industry concerned, non-governmental organisations promoting environmental protection, and the Commission in relation to the following:

   (a) the performance of installations as regards emissions, pollution, consumption and the nature of raw materials, use of energy and generation of waste; and
   (b) the best available techniques used, associated monitoring and developments concerning the best available techniques.

For the organisation of the exchange of information referred to in this paragraph, the Commission shall establish an Information Exchange Forum comprised of the stakeholders referred to in the first subparagraph.

The Commission shall establish guidance for the exchange of information including relating to the collection of data and the determination of the content of BAT reference documents. The Commission shall publish an evaluation report in this regard. That report shall be made accessible on the internet.

2.  The Commission shall publish the result of the information exchange referred to in paragraph 1 as a new or updated BAT reference document.

3.  The BAT reference documents shall in particular describe the best available techniques, the associated emission levels, consumption levels and associated monitoring, the monitoring of soil and groundwater and remediation of the site and the emerging techniques, giving special consideration to the criteria listed in Annex III, finalising the revision within eight years of the publication of the previous version. The Commission shall ensure that the BAT conclusions of the BAT reference documents are made available in the official languages of the Member States. On request of a Member State, the Commission shall make available the entire BAT reference document in the requested language.

Article 15

Permit conditions

1.  Member States shall ensure that the permit includes all measures necessary for compliance with the requirements of Articles 12 and 19.

Those measures shall include at least the following:  

   (a) emission limit values for polluting substances, listed in Annex II and for other polluting substances which are likely to be emitted from the installation concerned in significant quantities, having regard to their nature and their potential to transfer pollution from one medium to another;
   (b) if necessary, appropriate requirements ensuring protection of the soil and groundwater and measures concerning the management of waste generated by the installation;
   (c) suitable release monitoring requirements, specifying measurement methodology and frequency, evaluation procedure and an obligation to supply the competent authority regularly with the results of the monitoring of releases and with other data required for checking compliance with the permit;
   (d) requirements of periodic monitoring in relation to relevant dangerous substances likely to be found in significant amounts on site having regard to the possibility of soil and groundwater contamination at the site of the installation;
   (e) measures relating to start-up, leaks, malfunctions, momentary stoppages and definitive cessation of operations;
   (f) provisions on the minimisation of long distance or transboundary pollution.

2.  For the purpose of point (a) of ║ paragraph 1, emission limit values may be supplemented or replaced by equivalent parameters or technical measures.

3.  BAT reference documents shall be the reference for setting the permit conditions.

4.  Where an installation or part of an installation is not covered by BAT reference documents or where those documents do not address all the potential environmental effects of the activity, the competent authority, in consultation with the operator, shall determine the emission levels which can be achieved using the best available techniques for the installation or activities concerned, based on the criteria listed in Annex III, and shall set the permit conditions accordingly.

5.  For installations referred to in point 6.6 of Annex I, paragraphs 1 to 4 shall apply without prejudice to the legislation related to animal welfare.

Article 16

Emission limit values, equivalent parameters and technical measures

1.  The emission limit values for polluting substances shall apply at the point where the emissions leave the installation, and any dilution prior to that point shall be disregarded when determining those values.

With regard to indirect releases of polluting substances into water, the effect of a water treatment plant may be taken into account when determining the emission limit values of the installation concerned, provided that an equivalent level of protection of the environment as a whole is guaranteed and provided this does not lead to higher levels of pollution in the environment.

2.  Without prejudice to Article 19, the emission limit values and the equivalent parameters and technical measures referred to in paragraphs 1 and 2 of Article 15 shall be based on the best available techniques, without prescribing the use of any technique or specific technology.

The competent authority shall set emission limit values and monitoring and compliance requirements to ensure that the BAT associated emission levels are not exceeded

Emission limit values may be supplemented by equivalent parameters or technical measures provided that an equivalent level of environmental protection can be achieved.

3.  By derogation from the second subparagraph of paragraph 2, the competent authority may, in exceptional cases which result from the assessment of the environmental and economic costs and benefits taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions, set emission limit values, equivalent parameters or technical measures, and monitoring and compliance requirements in such a way that BAT associated emission levels may be exceeded.

Those emission limit values, equivalent parameters or technical measures shall however not exceed the emission limit values set out in accordance with Article 68 or, where applicable, in Annexes V to VIII.

Member States shall ensure that the public concerned is given early and effective opportunities to participate in the decision-making process relating to the grant of the derogation referred to in this paragraph.

When emission limit values, equivalent parameters and technical measures are established in accordance with this paragraph, the reasons for allowing emission levels to deviate from BAT associated emission levels, as described in the BAT reference documents, shall be documented and justified in an annex to the permit conditions.

The Commission may establish criteria for the granting of the derogation referred to in this paragraph.

Those measures, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

4.  Paragraphs 2 and 3 shall apply to the spreading of livestock manure and slurry outside the site of the installation referred to in point 6.6 of Annex I, with the exception of areas included within the scope of Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources(31).

5.  The competent authority may grant temporary derogations from the requirements of paragraph 2 and from points (1) and (2) of ║Article 12 for increases in emissions which result from the testing and use of emerging techniques provided that within 6 months of the granting of the derogation the use of those techniques is either stopped or the activity achieves at least the emission levels associated with the best available techniques.

Article 17

Monitoring requirements

1.  The monitoring requirements referred to in Article 15(1) (c) and (d) shall, where applicable, be based on the conclusions on monitoring as described in the BAT reference documents.

2.  The frequency of the periodic monitoring referred to in Article 15(1) (d) shall be determined by the competent authority in a permit for each individual installation or in general binding rules.

Without prejudice to the first subparagraph, periodic monitoring shall be carried out at least once every five years for groundwater and ten years for soil, unless such monitoring is based on a systematic appraisal of the risk of contamination.

The Commission may establish criteria for the determination of the frequency of the periodic monitoring.

Those measures designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

Article 18

General binding rules

1.  When adopting general binding rules, Member States shall ensure an integrated approach and a high level of environmental protection equivalent to that achievable with individual permit conditions.

2.  General binding rules shall be based on the best available techniques, without prescribing the use of any technique or specific technology in order to ensure compliance with Articles 15 and 16.

3.  Member States shall ensure that general binding rules are kept up to date with developments in the best available techniques in order to ensure compliance with Article 22.

4.  General binding rules adopted in accordance with paragraphs 1 to 3 shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication.

Article 19

Environmental quality standards

Where an environmental quality standard requires stricter conditions than those achievable by the use of the best available techniques, additional measures shall be included in the permit, without prejudice to other measures which may be taken to comply with environmental quality standards.

Article 20

Developments in best available techniques

Member States shall ensure that the competent authority follows or is informed of developments in best available techniques, and of the publication of any new or revised BAT reference documents, also informing the public concerned.

Article 21

Changes by operators to installations

1.  Member States shall take the necessary measures to ensure that the operator informs the competent authority of any planned change in the nature or functioning, or an extension of the installation which may have consequences for the environment. Where appropriate, the competent authority shall update the permit.

2.  Member States shall take the necessary measures to ensure that no substantial change planned by the operator is made without a permit issued in accordance with this Directive.

The application for a permit and the decision by the competent authority shall cover those parts of the installation and those details listed in Article 13 which may be affected by the substantial change.

3.  Any change in the nature or functioning or an extension of an installation shall be deemed to be substantial if the change or extension in itself reaches the capacity thresholds set out in Annex I.

Article 22

Reconsideration and updating of permit conditions by the competent authority

1.  Member States shall take the necessary measures to ensure that the competent authority periodically reconsiders all permit conditions and, where necessary to ensure compliance with this Directive, updates those, conditions.

2.  On request of the competent authority the operator shall submit all the information necessary for the purpose of reconsidering the permit conditions.

When reconsidering permit conditions the competent authority shall use any information resulting from monitoring or inspections.

3.  Where the Commission publishes a new or updated BAT reference document, Member States shall, within four years of publication, ensure that the competent authority reconsiders and, where necessary, updates the permit conditions for the installations concerned.

The first subparagraph shall apply to any derogation granted in accordance with Article 16(3).

4.  The permit conditions shall be reconsidered and, where necessary, updated at least in the following cases:

   (a) the pollution caused by the installation is of such significance that the existing emission limit values of the permit need to be revised or new such values need to be included in the permit;
   (b) significant changes in the best available techniques allow for the significant reduction of emissions;
   (c) the operational safety requires other techniques to be used;
   (d) where needed for compliance with Directive 2001/81/EC or with an environmental quality standard in accordance with Article 19.  

Article 23

Site closure and remediation

1.  Without prejudice to Directive 2004/35/CE, to Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration(32), to Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law(33) and to Directive 2009/.../EC of the European Parliament and of the Council of… establishing a framework for the protection of soil(34)(35) the competent authority shall ensure that the permit conditions imposed to ensure the respect of the principle set out in point (8) of Article 12 are implemented upon definitive cessation of activities.

2.  Where the activity involves the use, production or release of significant amounts of relevant dangerous substances having regard to the possibility of soil and groundwater contamination at the site of the installation, the operator shall prepare a baseline report before starting operation of an installation or before a permit for an installation is updated. That report shall contain the quantified information necessary to determine the initial state of the soil and the groundwater with regard to significant amounts of relevant dangerous substances.

The Commission shall establish the general criteria on the content of the baseline report.

Those measures designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

3.  Upon definitive cessation of the activities, the operator shall inform the competent authority and assess the state of the soil and groundwater contamination by dangerous substances. Where the installation has caused any pollution by dangerous substances of soil or groundwater compared to the initial state established in the baseline report referred to in paragraph 2, the operator shall remediate the site and return it to that initial state.

4.  Where the operator is not required to prepare a baseline report referred to in paragraph 2, the operator shall take the necessary measures upon definitive cessation of the activities to ensure that the site does not pose any significant risk to human health and the environment.

Article 24

Comparison of emissions with best available techniques associated emission levels

The relevant data on compliance with the permit conditions referred to in point (1) of Article 8 shall include a comparison between the ▌emissions and the best available techniques associated emissions levels as described in the BAT reference documents. That relevant data shall be made accessible on the internet without delay.

Article 25

Inspections

1.  Member States shall set up a system of inspections of installations.

That system shall include on site inspections.

Member States shall ensure that operators afford the competent authorities all necessary assistance to enable those authorities to carry out any on site inspections, to take samples and to gather any information necessary for the performance of their duties for the purposes of this Directive.

2.  Member States shall ensure that all installations are covered by an inspection plan.

3.  Each inspection plan shall include the following:

   (a) general assessment of relevant significant environmental issues;
   (b) the geographical area covered by the inspection plan;
   (c) a register of the installations covered by the inspection plan and a general appraisal of their state of compliance with the requirements of this Directive;
   (d) provisions for its revision;
   (e) an outline of the programmes for routine inspections pursuant to paragraph 5;
   (f) procedures for non-routine inspections pursuant to paragraph 6;
   (g) where necessary, provisions on the co-operation between different inspection authorities.

4.  Based on the inspection plans, the competent authorities shall regularly draw up inspection programmes, determining the frequency of site visits for different types of installations.

Member States shall ensure that a sufficient number of skilled persons are available to carry out the inspections.

Those programmes shall include at least one random site visit every 18 months, for each installation. This frequency shall be increased to at least every six months if an inspection has identified a case of non-compliance with the permit conditions.

Where those programmes are based on a systematic appraisal of the environmental risks of the particular installations concerned, the frequency of site visits may be lowered to a minimum of one every 24 months.

The systematic appraisal of the environmental risks shall be based on objective criteria such as:

   (a) the record of the operators" compliance with the conditions of the permit;
   (b) the impacts of the installation on the environment and human health;
   (c) the participation of the operator in the Community eco-management and audit scheme (EMAS), pursuant to Regulation (EC) No 761/2001(36), or the implementation of equivalent eco-management systems.

The Commission may establish further criteria on the appraisal of the environmental risks.

Those measures, designed to amend non-essential elements of this Directive ║by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

5.  Routine inspections shall be sufficient for the examination of the full range of relevant environmental effects from the installation concerned.

Routine inspections shall ensure that the operator complies with the permit conditions.

Routine inspections shall also serve to assess the effectiveness of the permit requirements.

6.  Non-routine random inspections shall be carried out to investigate serious and qualified environmental complaints, serious environmental accidents, incidents and occurrences of non-compliance or facts that seriously affect human health as soon as possible and, where appropriate, before the issue, reconsideration or update of a permit.

When carrying out such a non-routine inspection, the competent authorities may require operators to provide information in order to investigate the content of an accident, incident or occurrence of non-compliance, including health statistics.

7.  Following each routine and non-routine inspection, the competent authority shall prepare a report describing the findings as to compliance of the installation with the requirements of this Directive and conclusions on whether any further action is necessary.

The report shall be notified to the operator concerned within two months. The report shall be made publicly available on the internet by the competent authority within four months after the inspection takes place.

The competent authority shall ensure that all the necessary actions identified in the report are taken within a reasonable period.

Article 26

Access to information and public participation in the permit procedure

1.  Member States shall ensure that the public concerned are given early and effective opportunities to participate in the following procedures:

   (a) issuing of a permit for new installations;
   (b) issuing of a permit for any substantial change;
   (c) updating of a permit or permit conditions for an installation in accordance with point (a) of Article 22(4). 
   (d) updating a permit or permit conditions for an installation where a derogation is to be granted in accordance with Article 16(3).

The procedure set out in Annex IV shall apply to such participation.

Non-governmental organisations promoting environmental protection and meeting the requirements of any relevant national law shall be deemed to have an interest.

2.  When a decision on granting, reconsideration or updating of a permit ▌ has been taken, the competent authority shall inform the public and shall make available to the public without delay the following information:

   (a) the content of the decision, including a copy of the permit and any subsequent updates;
   (b) the reasons on which the decision is based;
   (c) the results of the consultations held before the decision was taken and an explanation of how they were taken into account in that decision;
   (d) the title of the BAT reference documents relevant to the installation or activity concerned;
   (e) how the permit conditions referred to in Article 15 have been determined in relation to the best available techniques and associated emission levels as described in the BAT reference documents;
   (f) where a derogation is granted in accordance with Article 16(3), the specific reasons for that derogation based on the criteria laid down in that paragraph and the conditions imposed;
   (g) the result of the reconsideration ▌of permits as referred to in Article 22(1), (3) and (4);
   (h) the results of monitoring of releases as required under the permit conditions and held by the competent authority.

Member States shall ensure that the information referred to in points (a) to (g) is made available on the internet without delay.

3.  Paragraphs 1║ and 2 shall apply subject to the restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information(37).

Article 27

Access to justice

1.  Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, acts or omissions subject to Article 26 when one of the following conditions is met:

   (a) they have a sufficient interest;
   (b) they maintain the impairment of a right, where administrative procedural law of a Member State requires this as a precondition.

2.  Member States shall determine at what stage the decisions, acts or omissions may be challenged.

3.  What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice.

To this end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed sufficient for the purpose of point (a) of paragraph 1.

Such organisations shall also be deemed to have rights capable of being impaired for the purpose of point (b) of paragraph 1.

4.  The provisions of paragraphs 1, 2 and 3 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law.

Any such procedure shall be fair, equitable, timely and not prohibitively expensive.

5.  Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.

Article 28

Transboundary effects

1.  Where a Member State is aware that the operation of an installation is likely to have significant negative effects on the environment of another Member State, or where a Member State which is likely to be significantly affected so requests, the Member State in whose territory the application for a permit pursuant to Article 4 or Article 21(2) was submitted shall forward to the other Member State any information required to be given or made available pursuant to Annex IV at the same time as it makes it available to the public.

Such information shall serve as a basis for any consultations necessary in the framework of the bilateral relations between the two Member States on a reciprocal and equivalent basis.

2.  Within the framework of their bilateral relations, Member States shall ensure that in the cases referred to in paragraph 1 the applications are also made available for an appropriate period of time to the public of the Member State likely to be affected so that it will have the right to comment on them before the competent authority reaches its decision.

3.  The results of any consultations pursuant to paragraphs 1 and 2 shall be taken into consideration when the competent authority reaches a decision on the application.

4.  The competent authority shall inform any Member State which has been consulted pursuant to paragraph 1 of the decision reached on the application and shall forward to it the information referred to in Article 26(2). That Member State shall take the measures necessary to ensure that that information is made available in an appropriate manner to the public concerned in its own territory.

Article 29

Emerging techniques

Member States shall establish incentives for operators to develop and apply emerging techniques.

For the purpose of the first subparagraph, the Commission shall adopt ▌the following criteria:

   (a) the type of industrial activities for prioritised development and application of emerging techniques;
   (b) indicative targets for Member States regarding the development and application of emerging techniques;
   (c) the tools to assess the progress made in developing and applying emerging techniques.

Those measures, designed to amend non-essential elements of this Directive║by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

CHAPTER III

Special provisions for combustion plants

Article 30

Scope

This Chapter shall apply to combustion plants designed for production of energy, the rated thermal input of which is equal to or greater than 50 MW, irrespective of the type of fuel used.

This Chapter shall not apply to the following combustion plants:

   (a) plants in which the products of combustion are used for the direct heating, drying, or any other treatment of objects or materials;
   (b) post-combustion plants designed to purify the waste gases by combustion which are not operated as independent combustion plants;
   (c) facilities for the regeneration of catalytic cracking catalysts;
   (d) facilities for the conversion of hydrogen sulphide into sulphur;
   (e) reactors used in the chemical industry;
   (f) coke battery furnaces;
   (g) cowpers;
   (h) any technical apparatus used in the propulsion of a vehicle, ship or aircraft;
   (i) gas turbines used on offshore platforms;
   (j) plants which use any solid or liquid waste as a fuel other than waste referred to in point (a) of Article 37(2). 

Articles 31, 32 and 35 shall not apply to combustion installations when these are covered by a sector-specific BAT reference document and when they are excluded from the scope of the Large Combustion Plant BAT reference document.

Article 31

Aggregation rules

1.  Where the waste gases of two or more separate combustion plants are discharged through a common stack, the combination formed by such plants shall be considered as a single combustion plant and their capacities added.

2.  Where two or more separate combustion plants which have been granted a permit or have submitted a complete application after the date referred to in Article 72(2) are installed in such a way that, taking technical and economic factors into account, their waste gases could be discharged through a common stack, the combination formed by such plants shall be considered as a single combustion plant and their capacities added. 

Article 32

Emission limit values

1.  Waste gases from combustion plants shall be discharged in a controlled way by means of a stack, containing one or more flues, the height of which is calculated in such a way as to safeguard human health and the environment.

2.  All permits for installations containing combustion plants which have been granted a permit or have submitted a complete application before the date referred to in Article 72(2) provided that such plant is put into operation no later than one year after that date shall include conditions ensuring that emissions to air from these plants do not exceed the emission limit values laid down in Part 1 of Annex V.

3.  All permits for installations containing combustion plants not covered by paragraph 2 shall include conditions ensuring that emissions to the air from these plants do not exceed the emission limit values laid down in Part 2 of Annex V. 

4.  The competent authority may grant a derogation for a maximum of six months from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 for sulphur dioxide in respect of a combustion plant which to this end normally uses low-sulphur fuel, in cases where the operator is unable to comply with those limit values because of an interruption in the supply of low-sulphur fuel resulting from a serious shortage.

Member States shall immediately inform the Commission of any derogation granted under the first subparagraph.

5.  The competent authority may grant a derogation from the obligation to comply with the emission limit values provided for in paragraphs 2 and 3 in cases where a combustion plant using only gaseous fuel has to resort exceptionally to the use of other fuels because of a sudden interruption in the supply of gas and for this reason would need to be equipped with a waste gas purification facility. The period for which such a derogation is granted shall not exceed 10 days except where there is an overriding need to maintain energy supplies. 

The operator shall immediately inform the competent authority of each specific case referred to in the first subparagraph.

Member States shall inform the Commission immediately of any derogation granted under the first subparagraph.

6.  Where a combustion plant is extended by at least 20 MW, the emission limit values specified in part 2 of Annex V shall apply to the part of the plant affected by the change and shall be set in relation to the rated thermal input of the entire combustion plant.

Article 33 

Malfunction or breakdown of the abatement equipment

1.  Member States shall ensure that provision is made in the permits for procedures relating to malfunction or breakdown of the abatement equipment.

2.  In the case of a breakdown the competent authority shall require the operator to reduce or close down operations if a return to normal operation is not achieved within 24 hours, or to operate the plant using low polluting fuels.

The operator shall notify the competent authority within 48 hours after the malfunction or breakdown of the abatement equipment.

The cumulative duration of unabated operation shall not exceed 120 hours in any 12-month period.

The competent authority may grant a derogation from the time limits set out in the first and third subparagraphs in one of the following cases:

   (a) there is an overriding need to maintain energy supplies,
   (b) the combustion plant with the breakdown would be replaced for a limited period by another plant which would cause an overall increase in emissions.

Article 34

Monitoring of emissions into air

1.  Member States shall ensure that the monitoring of air polluting substances is carried out in accordance with Part 3 of Annex V. Member States may require that such monitoring be carried out at the operator's expense.

2.  The installation and functioning of the automated monitoring equipment shall be subject to control and to annual surveillance tests as set out in Part 3 of Annex V.

3.  The competent authority shall determine the location of the sampling or measurement points to be used for monitoring of emissions.

4.  All monitoring results shall be recorded, processed and presented in a way as to enable the competent authority to verify compliance with the operating conditions and emission limit values which are included in the permit.

Article 35

Compliance with emission limit values

The emission limit values for air shall be regarded as being complied with if the conditions set out in Part 4 of Annex V are fulfilled. 

Article 36 

Multi-fuel firing combustion plants

1.  In the case of a multi- fuel firing combustion plant involving the simultaneous use of two or more fuels, the competent authority shall set the emission limit values in accordance with the following steps:

   (a) take the emission limit value relevant for each individual fuel and pollutant corresponding to the rated thermal input of the entire combustion plant as set out in Parts 1 and 2 of Annex V,
   (b) determine fuel-weighted emission limit values, which are obtained by multiplying the individual emission limit value referred to in point (a) by the thermal input delivered by each fuel, and dividing the product of multiplication by the sum of the thermal inputs delivered by all fuels,
   (c) aggregate the fuel-weighted emissions limit values.

2.  In the case of multi- fuel firing combustion plants using the distillation and conversion residues from refining of crude-oil for own consumption, alone or with other fuels, the Commission may amend paragraph 1 to set an average emission limit value for sulphur dioxide covering all such plants with a rated thermal input of 50 MW or more.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2). 

Chapter IV

Special provisions for waste incineration plants and waste co-incineration plants

Article 37

Scope

1.  This Chapter shall apply to waste incineration plants and waste co-incineration plants which incinerate or co-incinerate solid or liquid waste. 

For the purposes of this Chapter waste incineration plants and waste co-incineration plants shall include all incineration lines or co-incineration lines, waste reception, storage, on site pretreatment facilities, waste-fuel and air-supply systems, boiler, facilities for the treatment of waste gases, on-site facilities for treatment or storage of residues and waste water, stack, devices and systems for controlling incineration or co-incineration operations, recording and monitoring incineration or co-incineration conditions.

If co-incineration takes place in such a way that the main purpose of the plant is ║the thermal treatment of waste rather than the generation of energy or production of material products, the plant shall be regarded as a waste incineration plant.

2.  This Chapter shall not apply to the following plants: 

  (a) plants treating only the following wastes:
   (i) waste listed in point (b) of Article 3(22), 
   (ii) radioactive waste,
   (iii) animal carcasses as regulated by Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(38);
   (iv) waste resulting from the exploration for, and the exploitation of, oil and gas resources from off-shore installations and incinerated on board the installations;
   (b) experimental plants used for research, development and testing in order to improve the incineration process and which treat less than 50 tonnes of waste per year.

Article 38

Applications for permits

An application for a permit for a waste incineration plant or waste co-incineration plant shall include a description of the measures which are envisaged to guarantee that the following requirements are met:

   (a) the plant is designed, equipped and will be maintained and operated in such a manner that the requirements of this Chapter are met taking into account the categories of waste to be incinerated or co-incinerated;
   (b) the heat generated during the incineration and co-incineration process is recovered as far as practicable through the generation of heat, steam or power;
   (c) the residues will be minimised in their amount and harmfulness and recycled where appropriate;
   (d) the disposal of the residues which cannot be prevented, reduced or recycled will be carried out in conformity with national and Community legislation.

Article 39

 Permit conditions

1.  The permit shall include the following:

   (a) a list of all categories of waste which may be treated using at least the categories of waste set up in the European Waste List established by Commission Decision 2000/532/EC, and containing information on the quantity of each category of waste, where appropriate;
   (b) the total waste incinerating or co-incinerating capacity of the plant;
   (c) the limit values for emissions to air and water; 
   (d) the requirements for the pH, temperature and flow of waste water discharges;  
   (e) the sampling and measurement procedures and frequencies to be used to comply with the conditions set for emission monitoring;
   (f) the maximum permissible period of any technically unavoidable stoppages, disturbances, or failures of the purification devices or the measurement devices, during which the emissions into the air and the discharges of waste water may exceed the prescribed emission limit values.

2.  In addition to the requirements set out in paragraph 1, the permit granted to a waste incineration plant or waste co-incineration plant using hazardous waste shall include the following:

   (a) a list of the quantities of the different categories of hazardous waste which may be treated;
   (b) the minimum and maximum mass flows of those hazardous wastes, their lowest and maximum calorific values and their maximum contents of PCB, PCP, chlorine, fluorine, sulphur, heavy metals and other polluting substances.

3.  Member States may list the categories of waste to be included in the permit which can be co-incinerated in certain categories of waste co-incineration plants.

4.  The competent authority shall periodically reconsider and, where necessary, update permit conditions.

Article 40

Control of emissions

1.  Waste gases from waste incineration plants and waste co-incineration plants shall be discharged in a controlled way by means of a stack the height of which is calculated in such a way as to safeguard human health and the environment.

2.  Emissions to air from waste incineration plants and waste co-incineration plants shall not exceed the emission limit values set out in parts 3 and 4 of Annex VI or determined in accordance with part 4 of that Annex.

If in a waste co-incineration plant more than 40 % of the resulting heat release comes from hazardous waste, or the plant co-incinerates untreated mixed municipal waste, the emission limit values set out in Part 3 of Annex VI shall apply.

3.  Discharges to the aquatic environment of waste water resulting from the cleaning of waste gases shall be limited as far as practicable and the concentrations of polluting substances shall not exceed the emission limit values set out in Part 5 of Annex VI.

4.  The emission limit values shall apply at the point where waste waters from the cleaning of waste gases are discharged from the waste incineration plant or waste co-incineration plant.

When waste waters from the cleaning of waste gases are treated outside the waste incineration plant or waste co-incineration plant at a treatment plant intended only for the treatment of this sort of waste water, the emission limit values set out in Part 5 of Annex VI shall be applied at the point where the waste waters leave the treatment plant. Where the waste water from the cleaning of waste gases is treated collectively with other sources of waste water, either on site or off site, the operator shall make the appropriate mass balance calculations, using the results of the measurements set out in point 2 of Part 6 of Annex VI in order to determine the emission levels in the final waste water discharge that can be attributed to the waste water arising from the cleaning of waste gases.

Under no circumstances shall dilution of waste water take place for the purpose of complying with the emission limit values set out in Part 5 of Annex VI.

5.  Waste incineration plant sites and waste co-incineration plant sites, including associated storage areas for waste, shall be designed and operated in such a way as to prevent the unauthorised and accidental release of any polluting substances into soil, surface water and groundwater.

Storage capacity shall be provided for contaminated rainwater run-off from the waste incineration plant site or waste co-incineration plant site or for contaminated water arising from spillage or fire-fighting operations. The storage capacity shall be adequate to ensure that such waters can be tested and treated before discharge where necessary.

6.  Without prejudice to Article 44(4)(c), the waste incineration plant or waste co-incineration plant or individual furnaces being part of a waste incineration plant or waste co-incineration plant shall under no circumstances continue to incinerate waste for a period of more than four hours uninterrupted where emission limit values are exceeded.

The cumulative duration of operation in such conditions over one year shall not exceed 60 hours.

The time limit set out in the second subparagraph shall apply to those furnaces which are linked to one single waste gas cleaning device.

Article 41

Breakdown

In the case of a breakdown, the operator shall reduce or close down operations as soon as practicable until normal operations can be restored.

Article 42

Monitoring of emissions

1.  Member States shall ensure that the monitoring of emissions is carried out in accordance with Parts 6 and 7 of Annex VI.

2.  The installation and functioning of the automated measuring systems shall be subject to control and to annual surveillance tests as set out in point 1 of Part 6 of Annex VI.

3.  The competent authority shall determine the location of the sampling or measurement points to be used for monitoring of emissions.

4.  All monitoring results shall be recorded, processed and presented in such a way as to enable the competent authority to verify compliance with the operating conditions and emission limit values which are included in the permit.

5.  The Commission shall, as soon as appropriate measurement techniques are available within the Community, set the date from which continuous measurements of the emissions to air of heavy metals and dioxins and furans shall be carried out.

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

Article 43

Compliance with emission limit values

The emission limit values for air and water shall be regarded as being complied with if the conditions described in Part 8 of Annex VI are fulfilled.

Article 44

Operating conditions

1.  Waste incineration plants shall be operated in such a way ║as to achieve a level of incineration such that the total organic carbon content of slag and bottom ashes is less than 3 % or their loss on ignition is less than 5 % of the dry weight of the material. If necessary, waste pre-treatment techniques shall be used.

2.  Waste incineration plants and waste co-incineration plants shall be designed, equipped, built and operated in such a way that the gas resulting from the incineration or co-incineration of waste is raised, after the last injection of combustion air, in a controlled and homogeneous fashion and even under the most unfavourable conditions, to a temperature of at least 850 °C for at least two seconds.

If hazardous waste with a content of more than 1 % of halogenated organic substances, expressed as chlorine, is incinerated or co-incinerated, the temperature required to comply with the first subparagraph shall be at least 1100°C.

In waste incineration plants, the temperatures set out in the first and second subparagraphs shall be measured near the inner wall of the combustion chamber. The competent authority may authorise the measurements at another representative point of the combustion chamber. 

3.  Each combustion chamber of a waste incineration plant shall be equipped with at least one auxiliary burner. This burner shall be switched on automatically when the temperature of the combustion gases after the last injection of combustion air falls below the temperatures set out in paragraph 2. It shall also be used during plant start-up and shut-down operations in order to ensure that those temperatures are maintained at all times during these operations and as long as unburned waste is in the combustion chamber.

The auxiliary burner shall not be fed with fuels which can cause higher emissions than those resulting from the burning of gasoil as defined in Article 1(1) of Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels(39), liquefied gas or natural gas.

4.  Waste incineration plants and waste co-incineration plants shall operate an automatic system to prevent waste feed in the following situations:

   (a) at start-up, until the temperature set out in paragraph 2 or the temperature specified according to Article 45(1) has been reached;
   (b) whenever the temperature set out in paragraph 2 or the temperature specified according to Article 45(1) is not maintained;
   (c) whenever the continuous measurements show that any emission limit value is exceeded due to disturbances or failures of the waste gas cleaning devices.

5.  Any heat generated by waste incineration plants or waste co-incineration plants shall be recovered as far as practicable.

6.  Infectious clinical waste shall be placed straight in the furnace, without first being mixed with other categories of waste and without direct handling.

7.  Member States shall ensure that the waste incineration plant or waste co-incineration plant is operated and controlled by a natural person who is competent to manage the plant.

Article 45

Authorisation to change operation conditions

1.  Conditions different from those laid down in paragraphs 1, 2 and 3 of Article 44 and, as regards the temperature, paragraph 4 of that Article and specified in the permit for certain categories of waste or for certain thermal processes may be authorised by the competent authority, provided the other requirements of this Chapter are met. Member States may lay down rules governing these authorisations.

2.  For waste incineration plants, the change of the operational conditions shall not cause more residues or residues with a higher content of organic polluting substances compared to those residues which could be expected under the conditions laid down in paragraphs 1, 2 and 3 of Article 44.

3.  Waste co-incineration plants, authorised to change operational conditions according to paragraph 1 shall comply with at least the emission limit values set out in Part 3 of Annex VI for total organic carbon and CO.

Boilers within the pulp and paper industry co-incinerating bark waste at the place of its production which were in operation and had a permit before 28 December 2002 and which are authorised to change operational conditions according to paragraph 1 shall comply with, at least the emission limit values set out in Part 3 of Annex VI for total organic carbon

4.  Member States shall communicate to the Commission all operating conditions authorised under paragraphs 1, 2 and 3 and the results of verifications made as part of the information provided in accordance with the reporting requirements under Article 66.

Article 46

Delivery and reception of waste

1.  The operator of the waste incineration plant or waste co-incineration plant shall take all necessary precautions concerning the delivery and reception of waste in order to prevent or to limit as far as practicable the pollution of air, soil, surface water and groundwater as well as other negative effects on the environment, odours and noise, and direct risks to human health.

2.  The operator shall determine the mass of each category of waste, according to the European Waste List established by Commission Decision 2000/532/EC, prior to accepting the waste at the waste incineration plant or waste co-incineration plant.

3.  Prior to accepting hazardous waste at the waste incineration plant or waste co-incineration plant, the operator shall collect available information about the waste for the purpose of verifying compliance with the permit requirements specified in Article 39(2).

That information shall cover the following:

   (a) all the administrative information on the generating process contained in the documents mentioned in paragraph 4(a);
   (b) the physical, and as far as practicable, chemical composition of the waste and all other information necessary to evaluate its suitability for the intended incineration process;
   (c) the hazardous characteristics of the waste, the substances with which it cannot be mixed, and the precautions to be taken in handling the waste.

4.  Prior to accepting hazardous waste at the waste incineration plant or waste co-incineration plant, at least the following procedures shall be carried out by the operator:

   (a) the checking of the documents required by Directive 2008/98/EC and, where applicable, those required by Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community(40) and by legislation on transport of dangerous goods;
   (b) the taking of representative samples, unless inappropriate as far as possible before unloading, to verify conformity with the information provided for in paragraph 3 by carrying out controls and to enable the competent authorities to identify the nature of the wastes treated.

The samples referred to in point (b) shall be kept for at least one month after the incineration or co-incineration of the waste concerned.

5.  The competent authority may grant exemptions from paragraphs 2, 3 and 4 to waste incineration plants or waste co-incineration plants which are a part of an installation covered by Chapter II and only incinerate or co-incinerate waste generated within that installation.

Article 47

Residues

1.  Residues shall be minimised in their amount and harmfulness. Residues shall be recycled, where appropriate, directly in the plant or outside.

2.  Transport and intermediate storage of dry residues in the form of dust shall take place in such a way as to prevent dispersal of those residues in the environment.

3.  Prior to determining the routes for the disposal or recycling of the residues, appropriate tests shall be carried out to establish the physical and chemical characteristics and the polluting potential of the residues. Those tests shall concern the total soluble fraction and heavy metals soluble fraction.

Article 48

 Substantial change 

A change of operation of a waste incineration plant or a waste co-incineration plant treating only non-hazardous waste in an installation covered by Chapter II which involves the incineration or co-incineration of hazardous waste shall be regarded as a substantial change.

Article 49

Reporting and public information on waste incineration plants and waste co-incineration plants

1.  Applications for new permits for waste incineration plants and waste co-incineration plants shall be made available to the public at one or more locations for an appropriate period to enable the public to comment on the applications before the competent authority reaches a decision. That decision, including at least a copy of the permit, and any subsequent updates, shall also be made available to the public.

2.  For waste incineration plants or waste co-incineration plants with a nominal capacity of two tonnes or more per hour the report referred to in Article 66 shall include information on the functioning and monitoring of the plant and give account of the running of the incineration or co-incineration process and the level of emissions into air and water in comparison with the emission limit values. That information shall be made available to the public.

3.  A list of waste incineration plants or waste co-incineration plants with a nominal capacity of less than two tonnes per hour shall be drawn up by the competent authority and shall be made available to the public.

Chapter V

 Special provisions for installations and activities using organic solvents 

Article 50

Scope

This Chapter shall apply to activities listed in Part 1 of Annex VII and, where applicable, reaching the consumption thresholds set out in Part 2 of that Annex. 

Article 51

Definitions

For the purposes of this Chapter, the following definitions shall apply:

   (1) "existing installation' means an installation in operation which has been granted a permit before 1 April 2001 or has submitted a complete application for a permit before 1 April 2001 provided that that installation was put in operation no later than 1 April 2002;
   (2) "waste gases' means the final gaseous discharge containing volatile organic compounds or other pollutants from a stack or abatement equipment into air;
   (3) "fugitive emissions' means any emissions not in waste gases of volatile organic compounds into air, soil and water as well as solvents contained in any products, unless otherwise stated in Part 2 of Annex VII.;
   (4) "total emissions' means the sum of fugitive emissions and emissions in waste gases;
   (5) "mixture' means mixture as defined in paragraph 2 of Article 3 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and restriction of Chemicals (REACH)(41),
   (6) "adhesive' means any mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used to adhere separate parts of a product;
   (7) "ink' means a mixture, including all the organic solvents or mixtures containing organic solvents necessary for its proper application, which is used in a printing activity to impress text or images on to a surface;
   (8) "varnish' means a transparent coating;
   (9) "consumption' means the total input of organic solvents into an installation per calendar year, or any other 12-month period, less any volatile organic compounds that are recovered for reuse;
   (10) "input' means the quantity of organic solvents and their quantity in mixtures used when carrying out an activity, including the solvents recycled inside and outside the installation, and which are counted every time they are used to carry out the activity;
   (11) "reuse' means the use of organic solvents recovered from an installation for any technical or commercial purpose and including use as a fuel but excluding the final disposal of such recovered organic solvent as waste;
   (12) "contained conditions' means conditions under which an installation is operated so that the volatile organic compounds released from the activity are collected and discharged in a controlled way either via a stack or abatement equipment and are therefore not entirely fugitive;
   (13) "start-up and shut-down operations' means operations excluding regularly oscillating activity phases whilst bringing an activity, an equipment item or a tank into or out of service or into or out of an idling state,

Article 52

 Substitution of hazardous substances 

Substances or mixtures which, because of their content of volatile organic compounds, are classified as carcinogens, mutagens, or toxic to reproduction under Directive 67/548/EEC, are assigned or need to carry the risk phrases R45, R46, R49, R60 or R61, shall be replaced, as far as possible by less harmful substances or mixtures within the shortest possible time.

Article 53

Control of emissions 

1.  Member States shall take the necessary measures to ensure either of the following:

   (a) the emission of volatile organic compounds from installations shall not exceed the emission limit values in waste gases and the fugitive emission limit values, or the total emission limit values, and other requirements laid down in Parts 2 and 3 of Annex VII are complied with;
   (b) installations comply with the requirements of the reduction scheme set out in Part 5 of Annex VII provided that an equivalent emission reduction is achieved compared to that achieved through the application of the emission limit values referred to in point (a).

Member States shall report to the Commission in accordance with Article 66(1) on the progress in achieving the equivalent emission reduction referred to in point (b). 

2.  By derogation from point (a) of paragraph 1, where the operator demonstrates to the competent authority that for an individual installation the emission limit value for fugitive emissions is not technically and economically feasible, the competent authority may allow emissions to exceed that emission limit value provided that significant risks to human health or the environment are not to be expected and that the operator demonstrates to the competent authority that the best available techniques are being used;

3.  By derogation from paragraph 1, for coating activities covered by item 8 of the Table in Part 2 of Annex VII which cannot be carried out under contained conditions, the competent authority may allow the emissions of the installation not to comply with the requirements set out in that paragraph if the operator demonstrates to the competent authority that such compliance is not technically and economically feasible and that the best available techniques are being used. 

4.  Member States shall report to the Commission on the derogations referred to in paragraphs 2 and 3 in accordance with Article 66(2).

5.  The emissions of volatile organic compounds which are assigned or need to carry the risk phrases R40, R45, R46, R49, R60, R61 or R68 shall be controlled under contained conditions as far as technically and economically feasible to safeguard public health and the environment and shall not exceed the emission limit values set out in Part 4 of Annex VII.

6.  Installations where two or more activities are carried out, each of which exceeds the thresholds in Part 2 of Annex VII shall:

   (a) as regards the substances specified in paragraph 5, meet the requirements of that paragraph for each activity individually;
  (b) as regards all other substances, either:
   (i) meet the requirements of paragraph 1 for each activity individually; or
   (ii) have total emissions of volatile organic compounds not exceeding those which would have resulted had point (i) been applied.

7.  All appropriate precautions shall be taken to minimise emissions of volatile organic compounds during start-up and shut-down operations.

Article 54

Monitoring of emissions 

Member States shall, either by specification in the conditions of the permit or by general binding rules, ensure that measurements of emissions are carried out in accordance with Part 6 of Annex VII. 

Article 55

Compliance with emission limit values

The emission limit values in waste gases shall be regarded as being complied with if the conditions set out in Part 8 of Annex VII are fulfilled.

Article 56

 Reporting on compliance 

The report on compliance referred to in paragraph 1 of Article 8 shall demonstrate compliance with either of the following:

   (a) emission limit values in waste gases, fugitive emission limit values and total emission limit values;
   (b) the requirements of the reduction scheme under Part 5 of Annex VII;
   (c) the derogations granted in accordance with paragraphs 2 and 3 of Article 53

The report on compliance may include a solvent management plan prepared in accordance with Part 7 of Annex VII .

Article 57

Substantial change to existing installations

1.  A change of the maximum mass input of organic solvents by an existing installation averaged over one day, if the installation is operated at its design output under conditions other than start-up and shut-down operations and maintenance of equipment, shall be considered as substantial if it leads to an increase of emissions of volatile organic compounds of more than: 

–  25 % for an installation having activities falling within the lower threshold band of items 1, 3, 4, 5, 8, 10, 13, 16 or 17 of Part 2 of Annex VII or, for the other activities of Part 2 of Annex VII, having a solvent consumption of less than 10 tonnes per year; 

–  10 % for all other installations. 

2.  Where an existing installation undergoes a substantial change, or falls within the scope of this Directive for the first time following a substantial change, that part of the installation which undergoes the substantial change shall be treated either as a new installation or as an existing installation, provided that the total emissions of the whole installation do not exceed those that would have resulted had the substantially changed part been treated as a new installation.

3.  In the case of a substantial change, the competent authority shall check compliance of the installation with the requirements of this Directive.

Article 58

 Exchange of information on substitution of organic solvents 

The Commission shall organise an exchange of information with the Member States, the industry concerned and non-governmental organisations promoting environmental protection on the use of organic solvents and their potential substitutes and techniques which have the least potential effects on air, water, soil, ecosystems and human health. 

The exchange of information shall be organised on all of the following: 

   (a) fitness for use;
   (b) potential effects on human health and occupational exposure in particular;
   (c) potential effects on the environment;
   (d) the economic consequences, in particular the costs and benefits of the options available.

Article 59

Access to information

1.  The decision of the competent authority, including at least a copy of the permit, and any subsequent updates, shall be made available to the public.

The general binding rules applicable for installations and the list of installations subject to permitting and registration shall be made available to the public.

2.  The results of the monitoring of emissions as required under Article 54 and held by the competent authority shall be made available to the public.

3.  Paragraphs 1 and 2 shall apply, subject to the restrictions laid down in Article 4(1) and (2) of Directive 2003/4/EC.

Chapter VI

 Special provisions for installations producing titanium dioxide

Article 60

Scope

This Chapter shall apply to installations producing titanium dioxide.

Article 61

Prohibition of the disposal of waste

Member States shall prohibit the disposal of the following waste into any water body, sea or ocean:

   (1) solid waste;
   (2) the mother liquors arising from the filtration phase following hydrolysis of the titanyl sulphate solution from installations applying the sulphate process; including the acid waste associated with such liquors, containing overall more than 0.5% free sulphuric acid and various heavy metals, including acid waste which  has been diluted until it contains 0,5 % or less free sulphuric acid;
   (3) waste from installations applying the chloride process containing more than 0,5 % free hydrochloric acid and various heavy metals, including such waste which has been diluted until it contains 0,5 % or less free sulphuric acid;
   (4) filtration salts, sludges and liquid waste arising from the treatment (concentration or neutralisation) of the waste mentioned under paragraphs (2) and (3) and containing various heavy metals, but not including neutralised and filtered or decanted waste containing only traces of heavy metals and which, before any dilution, has a pH value above 5,5.

Article 62

Control of emissions into water

1.  Emissions from installations into water shall not exceed the emission limit values set out in Part 1 of Annex VIII.

2.  Member States shall take the necessary measures to ensure that acute toxicity tests are carried out in accordance with point 1 of Part 2 of Annex VIII and that the results of those tests comply with the values set out in point 2 of Part 2 of Annex VIII.

Article 63 

Prevention and control of emissions into air

1.  The emission of acid droplets from the installations shall be prevented.

2.  Emissions to air from the installations shall not exceed the emission limit values set out in Part 3 of Annex VIII.

Article 64

Monitoring of emissions and the environment

1.  Member States shall ensure the monitoring of emissions into water in order to enable the competent authority to verify compliance with the permit conditions and Article 62.

2.  Member States shall ensure the monitoring of emissions into air in order to enable the competent authority to verify compliance with the permit conditions and Article 63.

Such monitoring shall include at least monitoring of emissions as set out in Part 5 of Annex VII.

3.  Member States shall ensure the monitoring of the environment affected by discharges of waste from installations producing titanium dioxide into water in accordance with Part 4 of Annex VIII.

4.  Monitoring shall be carried out in accordance with CEN standards or, if CEN standards are not available, ISO standards, national or international standards which will ensure the provision of data of an equivalent scientific quality.

Chapter VII

 Committee, transitional and final provisions

Article 65

Competent authorities

Member States shall designate the competent authorities and bodies responsible for carrying out the obligations arising from this Directive.

Article 66

Reporting by Member States

1.  Member States shall ensure that information is made available to the Commission on the implementation of this Directive, on representative data on the emissions and other environmental effects, on emission limit values and on the application of best available techniques in accordance with Articles 15 and 16 and on the derogations granted in accordance with Article 16(3).

Member States shall develop and regularly upgrade national information systems to make available to the Commission in an electronic format the information referred to in the first subparagraph. Member States shall make available to the public a summary of the information provided.

2.  The Commission shall establish the type and format of the information to be made available by the Member States pursuant to paragraph 1.

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

3.  Within 3 years of the date referred to in Article 71(1), and every three years thereafter, the Commission shall submit to the European Parliament and the Council a report on the implementation of this Directive on the basis of the information referred to in paragraph 1 accompanied by a legislative proposal where appropriate.

Article 67

Amendments of Annexes

1.  On the basis of the best available techniques as described in the BAT reference documents concerned, the Commission shall, within 12 months of the publication of a BAT reference document in accordance with Article 14, based on the BAT conclusions in the BAT reference document, adjust Annexes V, VI, VII, VIII by setting emission limit values as minimum requirements. Emission limit values may be supplemented by equivalent parameters or technical measures and monitoring and compliance requirements provided that an equivalent level of environmental protection can be achieved.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

2.  Before the adoption of the measures referred to in the first paragraph, the Commission shall consult the relevant industry and non-governmental organisations promoting environmental protection and shall report on the outcome of the consultations and how they have been taken into account.

Article 68

Minimum requirements

1.  Without prejudice to Article 67, the Commission shall, within 12 months of the publication of a BAT reference document in accordance with Article 14, based on the BAT conclusions in the BAT reference document, set emission limit values as well as monitoring and compliance requirements as minimum requirements. Emission limit values may be supplemented by equivalent parameters or technical measures where an equivalent level of environmental protection can be achieved by such equivalent parameters.

Such minimum requirements shall be directed to significant environmental impacts of the activities or installations concerned, and shall be based on BAT-AEL.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

2.  Before the adoption of the implementing measures referred to in the first paragraph, the Commission shall consult the relevant industry organisations and non-governmental organisations promoting environmental protection and shall report on the outcome of the consultations and how they have been taken into account.

3.  In accordance with paragraphs 1 and 2, the Commission shall, in particular, by 31 December 2011 set emission limit values as well as monitoring and compliance requirements for dioxins and furans emitted by installations carrying out the activities referred to in points 2.1 and 2.2 of Annex I.

Member States or their competent authorities may set stricter emission limit values for dioxin and furan emissions.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 69(2).

Article 69

Committee procedure

1.  The Commission shall be assisted by a committee.

2.  Where reference is made to this paragraph, Articles 5a (1) to (4), and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 70

Penalties

Member States shall determine penalties applicable to breaches of the national provisions adopted pursuant to this Directive. The penalties thus provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by ... at the latest and shall notify it without delay of any subsequent amendment affecting them.

Article 71

Transposition

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 2, 3(4), 3(15)-(18), (20), 4(2), 5, 6, 8(1), 9(2) b), 12(8), 13(1) e), 14, 15(1) d), 15(3)-(5), 16(2)-(5), 17, 18 (2)-(4), 22(2)-(3), 22(4) b) and d), 23, 24, 25, 26 (1) d), 26(2) c)-g), 29, 31, 32(3), 34(2)-(4), 35, 36(2), 42(5), 64(2), 64(4), 65-66 and 70, and Annexes points 1.1, 2.5(c), 3.5, 4.7, 5.2, 5.3, 6.1(c), 6.4(b), 6.6, 6.9, 6.10 of Annex I, point 1(b) of Annex IV, Parts 1-4 of Annex V, point b) of Part 1, points 2.2, 3.1 and 3.2 of Part 4, points 2.5 and 2.6 of Part 6 of Annex VI, point 3 of Part 7 of Annex VII, point 1 and 2(c) of Part 1 and points 2-3 of Part 3 of Annex VIII by …(42) at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from …*.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 72

Repeal

1.  Directives 78/176/EEC, 82/883/EEC, 92/112/EEC, 96/61/EC, 1999/13/EC and 2000/76/EC, as amended by the acts listed in Annex IX, Part A are repealed with effect from …(43)*, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B.

2.  Directive 2001/80/EC as amended by the acts listed in Annex IX, Part A is repealed with effect from 1 January 2016, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IX, Part B.

3.  References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex X.

Article 73

Transitional provisions

1.  In relation to installations referred to in Annex I, in points 1.2, 1.3, 1.4, 2.1 to 2.4, points (a) and (b) of point 2.5, points 2.6, 3, 4.1 to 4.6, 5.1, 5.2, points (a) and (b) of point 5.3, point 5.4, points (a) and (b) of point 6.1, points 6.2 to 6.5, points (b) and (c) of point 6.6, points 6.7 and 6.8 as well as installations referred to in point 1.1 with a rated thermal input of 50 MW or more and installations referred to in point (a) of point 6.6 with more than 40 000 places for poultry and which are in operation and hold a permit or which have submitted a complete application for a permit before the date referred to in Article 71(1), provided that those installations are put into operation no later than one year after that date, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with Article 71(1) from …(44) ).

2.  In relation to installations referred to in Annex I, in point (c) of point 2.5, points (c), (d) and (e) of point 5.3, point (c) of point 6.1, points 6.9 and 6.10 as well as installations referred to in point 1.1 with a rated thermal input below 50 MW and installations referred to in point (a) of point 6.6 with less than 40 000 places for poultry and which are in operation before the date referred to in Article 71(1), Member States shall apply the laws, regulations and administrative provisions adopted in accordance with Article 71(1) from …(45)*.

3.  In relation to combustion plants covered by Chapter III, Member States shall apply the laws, regulations and administrative provisions adopted in accordance with Article 71(1) from 1 January 2016.

4.  In relation to combustion plants which co-incinerate waste, point 3.1 of Part 4 of Annex VI shall apply until 31 December 2015.

However, as from 1 January 2016 point 3.2 of Part 4 of Annex VI shall apply in relation to those plants.

Article 74

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 75

Addressees

This Directive is addressed to the Member States.

Done at,

For the European Parliament For the Council

The President The President

ANNEX I

Categories of industrial activities referred to in Article 11

The threshold values given below generally refer to production capacities or outputs. Where several activities falling under the same point are operated in the same installation, the capacities of such activities are added together.

When calculating the total rated thermal input of installations referred to in point 1.1. for combustion plants used in healthcare facilities, only the normal running capacity shall be included for the purposes of this calculation.

When calculating the total rated thermal input of installations referred to in point 1.1, combustion plants with a rated thermal input below 3 MW shall not be included for the purposes of this calculation.

When calculating the total rated thermal input of installations referred to in point 1.1, combustion plants with a rated thermal input below 50 MW and operating no more than 500 hours per year shall not be included for the purposes of this calculation.

1.  Energy industries

1.1  Combustion of fuels in installations with a total rated thermal input of 20 MW or more 

1.2.  Refining of mineral oil and gas 

1.3.  Production of coke

1.4.  Gasification or liquefaction of fuels 

2.  Production and processing of metals

2.1.  Metal ore (including sulphide ore) roasting or sintering

2.2.  Production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2,5 tonnes per hour

2.3.  Processing of ferrous metals:

   (a) operation of  hot-rolling mills with a capacity exceeding 20 tonnes of crude steel per hour;
   (b) operation of  smitheries with hammers the energy of which exceeds 50 kilojoule per hammer, where the calorific power used exceeds 20 MW;
   (c) application of protective fused metal coats with an input exceeding 2 tonnes of crude steel per hour.

2.4.  Operation of ferrous metal foundries with a production capacity exceeding 20 tonnes of good castings per day

2.5.  Processing of non-ferrous metals:

   (a) production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes;
   (b) melting including the alloyage, of non-ferrous metals, including recovered products, with a melting capacity exceeding 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals  and excluding operation of foundries; 
   (c) operation of non-ferrous metal foundries producing cast metal products, with melting capacityexceeding 2,4 tonnes per day for lead and cadmium or 12 tonnes per day for all other metals.

2.6.  Surface treatment of metals or plastic materials using anelectrolytic or chemical process where the volume of the treatment vatsexceeds 30 m3

3.  Mineral industry

3.1.  Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or lime in rotary kilns or other furnaces with a production capacity exceeding 50 tonnes per day

3.2.  Production of asbestos or the manufacture of asbestos-based products

3.3.  Manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day

3.4.  Melting mineral substances including the production of mineral fibres with a melting capacity exceeding 20 tonnes per day

3.5.  Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day and with a setting density per kiln exceeding 300 kg/m3

4.  Chemical industry

For the purpose of this section, production within the meaning of the categories of activities contained in this section means the production on an industrial scale by chemical or biological  processing of substances or groups of substances listed in points 4.1 to 4.7

4.1.  Production of organic chemicals, such as:

   (a) simple hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic);
   (b) oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins;
   (c) sulphurous hydrocarbons;
   (d) nitrogenous hydrocarbons such as amines, amides, nitrous compounds, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates;
   (e) phosphorus-containing hydrocarbons;
   (f) halogenic hydrocarbons;
   (g) organometallic compounds;
   (h) basic plastic materials (polymers synthetic fibres and cellulose-based fibres);
   (i) synthetic rubbers;
   (j) dyes and pigments;
   (k) surface-active agents and surfactants.

4.2.  Production of inorganic chemicals, such as:

   (a) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, carbonyl chloride;
   (b) acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sulphurous acids;
   (c) bases, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide;
   (d) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate;
   (e) non-metals, metal oxides or other inorganic compounds such as calcium carbide, silicon, silicon carbide.

4.3.  Production of phosphorous-, nitrogen- or potassium-based fertilizers (simple or compound fertilizers)

4.4.  Production of plant health products or of biocides

4.5.  Production of pharmaceutical products including intermediates 

4.6.  Production of explosives

4.7.  Production of chemicals for use as fuels or lubricants

5.  Waste management

5.1.  Disposal or recovery of hazardous waste with a capacity exceeding 10 tonnes per day involving the following activities: 

   (a) biological treatment;
   (b) physico-chemical treatment; 
   (c) incineration or co-incineration;
   (d) blending or mixing; 
   (e) repackaging; 
   (f) storage with a capacity exceeding 10 tonnes of storage; 
   (g) use principally as a fuel or other means to generate energy; 
   (h) solvent reclamation/regeneration; 
   (i) recycling/reclamation of inorganic materials other than metals or metal compounds; 
   (j) regeneration of acids or bases; 
   (k) recovery of components used for pollution abatement; 
   (l) recovery of components from catalysts; 
   (m) oil re-refining or other reuses of oil. 

5.2.  Incineration and co-incineration of non-hazardous waste with a capacity exceeding 3 tonnes per hour.

5.3.  Disposal or recovery of non-hazardous waste with a capacity exceeding 50 tonnes per day involving the following activities:  

   (a) biological treatment; 
   (b) physico-chemical treatment, with the exclusion of activities covered by Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment(46) and which result only in treated sludge, as defined in Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture(47). This exclusion applies only in cases where at least the same level of environmental protection would be achieved as under this Directive; 
   (c) pre-treatment of waste for co-incineration;
   (d) treatment of slags and ashes not covered by other categories of industrial activities;
   (e) treatment of scrap metal in shredders.

5.4  Landfills receiving more than 10 tonnes per day or with a total capacity exceeding 25 000 tonnes, excluding landfills of inert waste

6.  Other activities

6.1.  Production in industrial -installations of:

   (a) pulp from timber or other fibrous materials;
   (b) paper or card  board with a production capacity exceeding 20 tonnes per day;

(c)   wood-based panels, with the exception of plywood, with a production capacity exceeding 600 m³ per day.

6.2.  Pre-treatment (operations such as washing, bleaching, mercerisation) or dyeing of textile  fibres or textiles where the treatment capacity exceeds 10 tonnes per day

6.3.  Tanning of hides and skins where the treatment capacity exceeds 12 tonnes of finished products per day

6.4.  (a) Operating  slaughterhouses with a carcass production capacity greater than 50 tonnes per day

(b)  Treatment and processing, other than exclusively packaging, of the following raw materials, whether previously processed or unprocessed, intended for the production of food products for humans or animals from :

   (i) animal raw materials (other than exclusively milk) with a finished product production capacity greater than 75 tonnes per day
   (ii) vegetable raw materials with a finished product production capacity greater than 300 tonnes per day
   (iii) a mix of animal and vegetable raw materials with a finished product production capacity in tonnes per day greater than:

75 if A is equal to 10 or more; or

– [300- (22.5 x A)] in any other case

where 'A' is the portion of animal material (in percent) of the finished product production capacity

Packaging shall not be included in the final weight of the product.

This subsection shall not apply where the raw material is milk only.

(c)  Treatment and processing of milk only, the quantity of milk received being greater than 200 tonnes per day (average value on an annual basis)

6.5.  Disposal or recycling of animal carcases or animal waste with a treatment capacity exceeding 10 tonnes per day

6.6  Intensive rearing of poultry or pigs with more than:

(a)  40000 places for poultry

(b)  2 000 places for production pigs (over 30 kg), or

(c)  750 places for sows

In cases of other poultry species than referred in point (a) or different types of species referred in points (a), (b) and (c) reared on the same installation, the threshold shall be calculated on the basis of equivalent nitrogen excretion factors compared to the thresholds set above. The Commission shall establish guidance on the calculation of the thresholds and the determination of equivalent nitrogen excretion factors.

6.7  Surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating, with  an organic solvent  consumption capacity of more than 150 kg per hour or more than 200 tonnes per year.

6.8  Production of carbon (hard-burnt coal) or electrographite by means of incineration or graphitisation.

6.9  Preservation of wood and wood products with a production capacity exceeding 50 m3 per day.

6.10  Off-site treatment of waste water not covered by ║Directive 91/271/EEC ║ and discharged by an installation covered by Chapter I.

ANNEX II

 List of polluting substances  

AIR

1.  Sulphur dioxide and other sulphur compounds

2.  Oxides of nitrogen and other nitrogen compounds

3.  Carbon monoxide

4.  Volatile organic compounds

5.  Metals and their compounds

6.  Dust including fine particulate matter 

7.  Asbestos (suspended particulates, fibres)

8.  Chlorine and its compounds

9.  Fluorine and its compounds

10.  Arsenic and its compounds

11.  Cyanides

12.  Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction via the air

13.  Polychlorinated dibenzodioxins and polychlorinated dibenzofurans

WATER

1.  Organohalogen compounds and substances which may form such compounds in the aquatic environment

2.  Organophosphorus compounds

3.  Organotin compounds

4.  Substances and preparations which have been proved to possess carcinogenic or mutagenic properties or properties which may affect reproduction in or via the aquatic environment

5.  Persistent hydrocarbons and persistent and bioaccumulable organic toxic substances

6.  Cyanides

7.  Metals and their compounds

8.  Arsenic and its compounds

9.  Biocides and plant health products

10.  Materials in suspension

11.  Substances which contribute to eutrophication (in particular, nitrates and phosphates)

12.  Substances which have an unfavourable influence on the oxygen balance (and can be measured using parameters such as BOD, COD, etc.).

13.  Substances listed in Annex X of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(48).

ANNEX III 

Criteria for determining best available techniques 

1.   the use of low-waste technology;

2.   the use of less hazardous substances;

3.   the furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate;

4.   comparable processes, facilities or methods of operation which have been tried with success on an industrial scale;

5.   technological advances and changes in scientific knowledge and understanding;

6.   the nature, effects and volume of the emissions concerned;

7.   the commissioning dates for new or existing installations;

8.   the length of time needed to introduce the best available technique;

9.   the consumption and nature of raw materials (including water) used in the process and energy efficiency;

10.   the need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it;

11.   the need to prevent accidents and to minimise the consequences for the environment;

ANNEX IV

Public participation in decision-making

1.  The public shall be informed (by public notices or other appropriate means such as electronic media where available) of the following matters early in the procedure for the taking of a decision or, at the latest, as soon as the information can reasonably be provided:

   (a) the application for a permit or, as the case may be, the proposal for the updating of a permit or of permit conditions in accordance with Article 22, including the description of the elements listed in Article 13(1);
   (b) the development of new or updated general binding rules in accordance with Article 18, including the proposed requirements of the rules and a non-technical summary of the legal and administrative framework within which the rules will be applied;
   (c) where applicable, the fact that a decision is subject to a national or transboundary environmental impact assessment or to consultations between Member States in accordance with Article 28;
   (d) details of the competent authority responsible for taking the decision, those from which relevant information can be obtained, those to which comments or questions can be submitted, and details of the time schedule for transmitting comments or questions;
   (e) the nature of possible decisions or, where there is one, the draft decision;
   (f) where applicable, the details relating to a proposal for the updating of a permit or of permit conditions;
   (g) an indication of the times and places where, or means by which, the relevant information will be made available;
   (h) details of the arrangements for public participation and consultation made pursuant to point 5.

2.  Member States shall ensure that, within appropriate time-frames, the following is made available to the public concerned:

   (a) in accordance with national legislation, the main reports and advice issued to the competent authority or authorities at the time when the public concerned were informed in accordance with point 1;
   (b) in accordance with the provisions of Directive 2003/4/EC, information other than that referred to in point 1 which is relevant for the decision in accordance with Article 6 and which only becomes available after the time the public concerned was informed in accordance with point 1.

3.  The public concerned shall be entitled to express comments and opinions to the competent authority before a decision is taken.

4.  The results of the consultations held pursuant to this Annex must be taken into due account in the taking of a decision.

5.  The detailed arrangements for informing the public (for example by bill posting within a certain radius or publication in local newspapers) and consulting the public concerned (for example by written submissions or by way of a public inquiry) shall be determined by the Member States. Reasonable time-frames for the different phases shall be provided, allowing sufficient time for informing the public and for the public concerned to prepare and participate effectively in environmental decision-making subject to the provisions of this Annex.

ANNEX V

 Technical provisions relating to combustion plants 

Part 1

Emission limit values for combustion plants referred to in Article 32(2) 

 1.  All emission limit values shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correction for the water vapour content of the waste gases and at a standardised O2 content of 6 % for solid fuels, 3 % for boilers using liquid and gaseous fuels and 15 % for gas turbines and gas engines.

In case of combined cycle gas turbines (CCGT) with supplementary firing, the standardised O2 content may be defined by the competent authority, taking into account the specific characteristics of the installation concerned.

2.  Emission limit values (mg/Nm3) for SO2 for boilers using solid or liquid fuels 

Rated thermal input (MWth)

Coal and lignite

Biomass

Peat

Liquid fuels

 50-100 

 400 

200

 300 

 350 

 100-300 

 250 

200

 300 

 250 

 > 300 

 200 

200

 200 

 200 

Combustion plants with a rated thermal input of less than 500 MW using liquid fuels which were granted a permit before 27 November 2002, and which do not operate more than 1500 hours per year (rolling average over a period of five years), shall be subject to an emission limit value for SO2 of 800 mg/Nm3.

3.  Emission limit values (mg/Nm3) for SO2  for boilers using gaseous fuels

In general

35

Liquefied gas

5

Low calorific gases from coke oven

400

Low calorific gases from blast furnace

200

4. Emission limit values (mg/Nm3) for NOx for boilers using solid or liquid fuels

Rated thermal input (MWth)

Coal and lignite

Biomass and peat

Liquid fuels

50-100

300

450 in case of pulverised lignite combustion

300

450

100-300

200

250

200

> 300

200

200

150

║Combustion plants using solid or liquid fuels and with a rated thermal input not exceeding 500 MW which were granted a permit before 27 November 2002 and which do not operate more than 1500 hours per year (as a rolling average over a period of five years), shall be subject to an emission limit value for NOx of 450 mg/Nm3.

Combustion plants using solid or liquid fuels and with a rated thermal input of 500 MW or more, which were granted a permit before 1 July 1987 and which do not operate more than 1500 hours per year as a rolling average over a period of five years, shall be subject to an emission limit value for NOx of 450 mg/Nm3.

5.  Emission limit values (mg/Nm3) for NOx  and CO for gas fired combustion plants

 NOx 

 CO 

 Gas fired boilers 

 100(5)  

 100 

 Gas turbines (including CCGT), using natural gas(1) as fuel 

 50(2)(3)

 100 

 Gas turbines (including CCGT), using other than natural gas as fuel(4)

 90 

 100 

 Gas engines 

 100 

 100 

Notes:

(1)  Natural gas is naturally occurring methane with not more than 20 % (by volume) of inerts and other constituents.

(2)  75 mg/Nm3 in the following cases, where the efficiency of the gas turbine is determined at ISO base load conditions:

   (i) gas turbines, used in combined heat and power systems having an overall efficiency greater than 75 %;
   (ii) gas turbines used in combined cycle plants having an annual average overall electrical efficiency greater than 55 %;
   (iii) gas turbines for mechanical drives.

(3)  For single cycle gas turbines not falling into any of the categories mentioned under note (2), but having an efficiency greater than 35 % - determined at ISO base load conditions - the emission limit value  for NOx  shall be 50xη/35 where η is the gas turbine efficiency  at ISO base load conditions  expressed as a percentage.

(4)  These emission limit  values also apply to gas turbines using light and middle distillates as liquid fuels.

For gas turbines   (including CCGT) ,  the NOx and CO emission limit values set out in the table contained in this point apply only above 70 % load.

Gas turbines or gas engines for emergency use that operate less than 500 hours per year are not covered by the emission limit values set out in this point. The operator of such plants shall record the used operating time.

(5)  For plants, as referred to in Article 4(1) and 4(3) of Directive 2001/80/EC, for the use of blast furnace gas and / or coke oven gas, for nitrogen dioxide and nitrogen monoxide, measured as nitrogen dioxide, an emission limit value of 135 mg/Nm³ shall apply.

6.  Emission limit values (mg/Nm3) for dust for boilers using solid or liquid fuels

Rated thermal input (MWth)

Coal and lignite

Biomass and peat

Liquid fuels

50-100

30

30

30

100-300

25

20

25

> 300

20

20

20

 7. Emission limit values (mg/Nm3) for dust for boilers using gaseous fuels

 In general 

5

Blast furnace gas

10

Gases produced by the steel industry which can be used elsewhere

30

Part 2

 Emission limit values for combustion plants referred to in Article 32(3) 

1.  All emission limit values shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correction for the water vapour content of the waste gases and at a standardised O2 content of 6 % for solid fuels, 3 % for boilers using liquid and gaseous fuels and 15% for gas turbines and gas engines.

In case of combined cycle gas turbines with supplementary firing, the standardised O2 content may be defined by the competent authority, taking into account the specific characteristics of the installation concerned.

2.  Emission limit values (mg/Nm3) for SO2 for boilers using solid or liquid fuels

Rated thermal input (MWth)

Coal and lignite

Biomass

Peat

Liquid fuels

 50-100 

 400

200

 300 

 350 

 100-300 

 200 

200

 300

250 in case of fluidised bed combustion 

 200 

 > 300 

 150

200 in case of circulating or pressurised fluidised bed combustion 

 150 

 150 

200 in case of fluidised bed combustion 

 150 

Emission limit values (mg/Nm3) for SO2 for boilers using gaseous fuels 

 In general 

35

Liquefied gas

5

Low calorific gases from coke oven

400

Low calorific gases from blast furnace

200

 4. Emission limit values (mg/Nm3) for NOx for boilers using solid or liquid fuels 

 Rated thermal input (MWth) 

 Coal and lignite 

 Biomass and peat 

 Liquid fuels 

 50-100 

 300 

 400 in case of pulverised lignite combustion 

 250 

 300 

 100-300 

 200 

 200 

 150 

 > 300 

 150

200 in case of pulverised lignite combustion 

 150 

 100 

5.  Emission limit values (mg/Nm3) for NOx and CO for gas fired combustion plants 

 NOx 

 CO 

 Gas fired boilers 

 100 

 100 

 Gas turbines (including CCGT)(1) 

 50(2) 

 100 

 Gas engines 

 75 

 100 

Notes

(1)  For gas turbines using light and middle distillates as liquid fuels, the emission limit values for NOx and for CO set out in this point also apply. 

(2)  For single cycle gas turbines having an efficiency greater than 35 % - determined at ISO base load conditions - the emission limit value for NOx shall be 50xη/35 where η is the gas turbine efficiency at ISO base load conditions expressed as a percentage.

For gas turbines   (including CCGT), the NOx and CO emission limit values set out in this point apply only above 70 % load.

Gas turbines or gas engines for emergency use that operate less than 500 hours per year are not covered by the emission limit values set out in this point. The operator of such plants shall record the used operating time.

6.  Emission limit values (mg/Nm3) for dust for boilers using solid or liquid fuels 

Rated thermal input (MWth)

50- 300

20

> 300

10

20 for biomass and peat

 7.  Emission limit values (mg/Nm3) for dust for boilers using gaseous fuels 

In general 

5

Blast furnace gas

10

Gases produced by the steel industry which can be used elsewhere

30

Part 3

 Emission monitoring 

1.  The concentrations of SO2, NOx, CO and dust in waste gases from each combustion plant with a rated thermal input of 100 MW or more shall be measured continuously.

2.  The competent authority may decide not to require the continuous measurements referred to in point 1 in the following cases:

   (a) for combustion plants with a life span of less than 10 000 operational hours;
   (b) for SO2 and dust from combustion plants firing natural gas;
   (c) for SO2 from combustion plants firing oil with known sulphur content in cases where there is no waste gas desulphurisation equipment;
   (d) for SO2 from combustion plants firing biomass if the operator can prove that the SO2 emissions can under no circumstances be higher than the prescribed emission limit values.

3.  Where continuous measurements are not required, measurements of SO2, NOx, dust and, for gas fired plants, also for CO shall be required at least once per six months.

4.  For combustion plants firing coal or lignite, the emissions of total mercury shall be measured at least once per year.

As an alternative to the measurements of SO2 and NOx referred to in point 3, other procedures, verified and approved by the competent authority, may be used to determine the SO2 and NOx emissions. Such procedures shall use relevant CEN standards or, if CEN standards are not available, ISO standards, national or international standards which will ensure the provision of data of an equivalent scientific quality.

6.  The competent authority shall be informed of significant changes in the type of fuel used or in the mode of operation of the plant. The competent authority shall decide whether the monitoring requirements laid down in points 1 to 4 are still adequate or require adaptation.

7.  The continuous measurements carried out in accordance with point 1 shall include the measurement of the oxygen content, temperature, pressure and water vapour content of the waste gases. The continuous measurement of the water vapour content of the waste gases shall not be necessary, provided that the sampled waste gas is dried before the emissions are analysed.

8.  Sampling and analysis of relevant polluting substances and measurements of process parameters as well as the quality assurance of automated measuring systems and the reference measurement methods to calibrate those systems shall be carried out in accordance with CEN standards. If CEN standards are not available, ISO standards, national or international standards which will ensure the provision of data of an equivalent scientific quality shall apply.

The automated measuring systems shall be subject to control by means of parallel measurements with the reference methods at least once per year.

Theoperator shall inform the competent authority about the results of the checking of the automated measuring systems.

9.  At the emission limit value level, the values of the 95 % confidence intervals of a single measured result shall not exceed the following percentages of the emission limit values:

 Carbon monoxide 

 10 % 

Sulphur dioxide

20 %

Nitrogen oxides

20 %

Dust

30 %

10.  The validated hourly and daily average values shall be determined from the measured valid hourly average values after having subtracted the value of the confidence interval specified in point 9.

Any day in which more than three hourly average values are invalid due to malfunction or maintenance of the automated measuring system shall be invalidated. If more than ten days over a year are invalidated for such situations the competent authority shall require the operator to take adequate measures to improve the reliability of the automated measuring system.

Part 4

 Assessment of compliance with the emission limit values 

1.  In the case of continuous measurements, the emission limit values set out in Parts 1 and 2 shall be regarded as having been complied with if the evaluation of the measurement results indicates, for operating hours within a calendar year, that all of the following conditions have been met:

   (a) no validated daily average value exceeds the relevant emission limit values set out in Parts 1 and 2;
  

(b)  95 % of all the validated hourly average values over the year do not exceed 200 % of the relevant emission limit values set out in Parts 1 and 2.

2.  Where continuous measurements are not required, the emission limit values set out in Parts 1 and 2 shall be regarded as having been complied with if the results of each of the series of measurements or of the other procedures defined and determined according to the rules laid down by the competent authorities do not exceed the emission limit values.

ANNEX VI

 Technical provisions relating to waste incineration plants and waste co-incineration plants 

Part 1

Definitions

For the purpose of this Annex the following definitions shall apply:

  (a) "existing waste incineration plant' means one of the following waste incineration plants:
   (i) which was in operation and had a permit in accordance with applicable Community legislation before 28 December 2002,
   (ii) which was authorised or registered for waste incineration and had a permit issued before 28 December 2002 in accordance with applicable Community legislation, provided that the plant was put into operation not later than 28 December 2003,
   (iii) which, in the view of the competent authority, was the subject of a full request for authorisation, before 28 December 2002, provided that the plant was put into operation not later than 28 December 2004;
   (b) "new waste incineration plant' means any waste incineration plant not covered by point (a).

Part 2

Equivalence factors for dibenzo-p-dioxins and dibenzofurans

For the determination of the total concentration of dioxins and furans, the mass concentrations of the following dibenzo-p-dioxins and dibenzofurans shall be multiplied by the following equivalence factors before summing:

Toxic equivalence factor

2,3,7,8 ‐ Tetrachlorodibenzodioxin (TCDD)

1

1,2,3,7,8 ‐ Pentachlorodibenzodioxin (PeCDD)

0,5

1,2,3,4,7,8 ‐ Hexachlorodibenzodioxin (HxCDD)

0,1

1,2,3,6,7,8 ‐ Hexachlorodibenzodioxin (HxCDD)

0,1

1,2,3,7,8,9 ‐ Hexachlorodibenzodioxin (HxCDD)

0,1

1,2,3,4,6,7,8 ‐ Heptachlorodibenzodioxin (HpCDD)

0,01

Octachlorodibenzodioxin (OCDD)

0,001

2,3,7,8 ‐ Tetrachlorodibenzofuran (TCDF)

0,1

2,3,4,7,8 ‐ Pentachlorodibenzofuran (PeCDF)

0,5

1,2,3,7,8 ‐ Pentachlorodibenzofuran (PeCDF)

0,05

1,2,3,4,7,8 ‐ Hexachlorodibenzofuran (HxCDF)

0,1

1,2,3,6,7,8 ‐ Hexachlorodibenzofuran (HxCDF)

0,1

1,2,3,7,8,9 ‐ Hexachlorodibenzofuran (HxCDF)

0,1

2,3,4,6,7,8 ‐ Hexachlorodibenzofuran (HxCDF)

0,1

1,2,3,4,6,7,8 ‐ Heptachlorodibenzofuran (HpCDF)

0,01

1,2,3,4,7,8,9 ‐ Heptachlorodibenzofuran (HpCDF)

0,01

Octachlorodibenzofuran (OCDF)

0,001

Part 3

 Air emission limit values for waste incineration plants 

1.  All emission limit values shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correcting for the water vapour content of the waste gases. 

They are standardised at 11 % oxygen in waste gas except in case of incineration of mineral waste oil as defined in Article 3(3) of Directive 2008/98/EC, when they are standardised at 3 % oxygen, and in the cases referred to in Point 2.7 of Part 6.

1.1  Daily average emission limit values for the following polluting substances (mg/Nm³)  

Total dust

10 

Gaseous and vaporous organic substances, expressed as total organic carbon  (TOC) 

10 

Hydrogen chloride (HCl)

10 

Hydrogen fluoride (HF)

Sulphur dioxide (SO2)

50 

Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as  NO2  for existing  waste  incineration plants with a nominal capacity exceeding 6 tonnes per hour or new  waste  incineration plants

200 

Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as  NO2 for existing  waste  incineration plants with a nominal capacity of 6 tonnes per hour or less

400 

1.2  Half-hourly average emission limit values for the following polluting substances (mg/Nm³)  

(100 %) A

(97 %) B

Total dust

30 

10 

Gaseous and vaporous organic substances, expressed as total organic carbon  (TOC) 

20 

10 

Hydrogen chloride (HCl)

60 

10 

Hydrogen fluoride (HF)

Sulphur dioxide (SO2)

200 

50 

Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed as  NO2  for existing  waste  incineration plants with a nominal capacity exceeding 6 tonnes per hour or new  waste  incineration plants

400 

200 

1.3  Average  emission limit  values  (mg/Nm³) for the following heavy metals  over  a sampling  period of a minimum of 30 minutes and a maximum of 8 hours

Cadmium and its compounds, expressed as cadmium (Cd)

Total: 0,05 

Thallium and its compounds, expressed as thallium (Tl)

Mercury and its compounds, expressed as mercury (Hg)

0,05 

Antimony and its compounds, expressed as antimony (Sb)

Total: 0,5 

Arsenic and its compounds, expressed as arsenic (As)

Lead and its compounds, expressed as lead (Pb)

Chromium and its compounds, expressed as chromium (Cr)

Cobalt and its compounds, expressed as cobalt (Co)

Copper and its compounds, expressed as copper (Cu)

Manganese and its compounds, expressed as manganese (Mn)

Nickel and its compounds, expressed as nickel (Ni)

Vanadium and its compounds, expressed as vanadium (V)

These average values cover also the gaseous and the vapour forms of the relevant heavy metal emissions as well as their compounds.

1.4  Average emission limit value (ng/Nm³) for dioxins and furans over a sampling period of a minimum of 6 hours and a maximum of 8 hours. The emission limit value refers to the total concentration of dioxins and furans calculated in accordance with Part 2.

Dioxins and furans

0,1 

1.5  Emission limit values (mg/Nm³) for carbon monoxide (CO) in the waste gases:

(a)  50 as daily average value;

(b)  100 as half-hourly average value.

(c)  150 as 10-minute average value.

The competent authority may authorise exemptions from the emission limit values set out in this point for waste incineration plants using fluidised bed technology, provided that the permit sets an emission limit value for carbon monoxide (CO) of not more than 100 mg/Nm3  as an hourly average value.

2.  Emission limit values applicable in the circumstances described in Articles 40 (5) and 41

The total dust concentration in the emissions into the air of a waste incineration plant shall under no circumstances exceed 150 mg/Nm3 expressed as a half-hourly average. The air emission limit values for TOC and CO set out in points 1.2 and 1.5(b) shall not be exceeded.

3.  Member States may lay down rules governing the exemptions provided for in this Annex.

Part 4

Determination of air emission limit values for the co-incineration of waste

1.  The following formula (mixing rule) shall be applied whenever a specific total emission limit value "C" has not been set out in a table in this Part.

The emission limit value for each relevant polluting substance and CO in the waste gas resulting from the co-incineration of waste shall be calculated as follows:

 20090310-P6_TA(2009)0093_EN-p0000001.fig 

Vwaste

:

waste gas volume resulting from the incineration of waste only determined from the waste with the lowest calorific value specified in the permit and standardised at the conditions given by this Directive.

If the resulting heat release from the incineration of hazardous waste amounts to less than 10 % of the total heat released in the plant, Vwaste must be calculated from a (notional) quantity of waste that, being incinerated, would equal 10 % heat release, the total heat release being fixed.

Cwaste

:

emission limit values for waste incineration plants set out in Part 3

Vproc

:

waste gas volume resulting from the plant process including the combustion of the authorised fuels normally used in the plant (wastes excluded) determined on the basis of oxygen contents at which the emissions must be standardised as set out in Community or national  legislation . In the absence of legislation for this kind of plant, the real oxygen content in the waste gas without being thinned by addition of air unnecessary for the process must be used.

Cproc

:

emission limit values as set out in this Part for certain industrial activities or in case of the absence of such values, emission limit values of plants which comply with the national laws, regulations and administrative provisions for such plants while burning the normally authorised fuels (wastes excluded). In the absence of these measures the emission limit values set out in the permit are used. In the absence of such permit values the real mass concentrations are used.

C

:

total emission limit values at an oxygen content as set out in this Part for certain industrial activities and certain polluting substances or, in case of the absence of such values, total emission limit values replacing the emission limit values as set out in specific Annexes of this Directive. The total oxygen content to replace the oxygen content for the standardisation is calculated on the basis of the content above respecting the partial volumes.

All emission limit values shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correcting for the water vapour content of the waste gases. 

Member States may lay down rules governing the exemptions provided for in this Part.

2.  Special provisions for cement kilns co-incinerating waste

2.1  The emission limit values set out in points 2.2 and 2.3 apply as daily average values for total dust, HCI, HF, NOx, SO2 and TOC (for continuous measurements), as average values over the sampling period of a minimum of 30 minutes and a maximum of 8 hours for heavy metals and as average values over the sampling period of a minimum of 6 hours and a maximum of 8 hours for dioxins and furans. 

All values are standardised at 10 % oxygen.

Half-hourly average values shall only be needed in view of calculating the daily average values.

2.2  C - total emission limit values (mg/Nm3 except for dioxins and furans) for the following polluting substances

 Polluting substance

C

Total dust

30

HCl

10

HF

1

NOx

 500  

Cd + Tl

0,05

Hg

0,05

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V

0,5

Dioxins and furans  (ng/Nm³) 

0,1

2.3  C - total emission limit values (mg/Nm³) for SO2 and TOC

Pollutant

C

SO2

50

TOC

10

The competent authority may grant derogations for emission limit values set out in this point in cases where TOC and SO2 do not result from the incineration of waste.

3.  Special provisions for combustion plants co-incinerating waste

3.1.  Cproc expressed as  daily average values  (mg/Nm³) valid until 31 December 2015 

For determining the rated thermal input of the combustion plants, the aggregation rules as defined in Article 31 shall apply. 

Half-hourly average values shall only be needed in view of calculating the daily average values.

Cproc for solid fuels with the exception of biomass (O2 content 6 %):

 Polluting substances

< 50 MWth

50-100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

 850 

 200 

 200 

NOx

-

400

 200 

200

Dust

50

50

30

30

Cproc for biomass (O2 content 6 %):

Polluting substances

<50 MWth

50 to 100 MWth

100 to 300 MWth

>300 MWth

SO2

-

200

200

200

NOx

-

350

300

 200 

Dust

50

50

30

30

Cproc for liquid fuels (O2 content 3 %):

Polluting substances

<50 MWth

50 to 100 MWth

100 to 300 MWth

>300 MWth

SO2

-

850

 400  to 200

(linear decrease from 100 to 300 MWth)

200

NOx

-

400

 200 

200

Dust

50

50

30

30

3.2  Cproc expressed as daily average values (mg/Nm³) valid from 1 January 2016 on

For determining the rated thermal input of the combustion plants, the aggregation rules as defined in Article 31 shall apply. Half-hourly average values shall only be needed in view of calculating the daily average values.

3.2.1  Cproc for combustion plants referred to in Article 32(2)

Cproc for solid fuels with the exception of biomass (O2 content 6 %):

Polluting substance

< 50 MWth

50-100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

400

for peat: 300

200

200

NOx

-

300

for pulverised lignite: 400

200

200

Dust

50

30

25

for peat: 20

20

Cproc for biomass (O2 content 6 %):

Polluting substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

200

200

200

NOx

-

300

250

200

Dust

50

30

20

20

Cproc for liquid fuels (O2 content 3 %):

Polluting substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

350

250

200

NOx

-

400

200

150

Dust

50

30

25

20

3.2.2  Cproc for combustion plants referred to in Article 32(3)

Cproc for solid fuels with the exception of biomass (O2 content 6 %):

Polluting substance

< 50 MWth

50-100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

400

for peat: 300

200

for peat: 300, except in the case of fluidised bed combustion: 250

150

for circulating or pressurised fluidised bed combustion or, in case of peat firing, for all fluidised bed combustion: 200

NOx

-

300

for peat: 250

200

150

for pulverised lignite combustion: 200

Dust

50

20

20

10

for peat: 20

Cproc for biomass (O2 content 6 %):

Polluting substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

200

200

150

for fluidised bed combustion: 200

NOx

-

250

200

150

Dust

50

20

20

20

Cproc for liquid fuels (O2 content 3 %):

Polluting substance

< 50 MWth

50 to 100 MWth

100 to 300 MWth

> 300 MWth

SO2

-

350

200

150

NOx

-

300

150

100

Dust

50

30

25

20

3.3.  C ‐ total emission limit values  for heavy metals (mg/Nm3)

expressed  as  average values over the  sampling  period of a minimum of 30 minutes and a maximum of 8 hours  (O2 content 6 % for solid fuels and 3 % for liquid fuels) .

 Polluting substances

C

Cd + Tl

0,05

Hg

0,05

Sb + As + Pb + Cr + Co + Cu + Mn + Ni + V

0,5

 3.4  C - total emission limit value (ng/Nm3)

for dioxins and furans expressed as average value measured over the  sampling  period of a minimum of 6 hours and a maximum of 8 hours  (O2 content 6 % for solid fuels and 3 % for liquid fuels). 

 Polluting substance

C

Dioxins and furans

0,1

4.  Special provisions for  co-incineration plants in  industrial sectors not covered under Points 2 and 3 of this Part

4.1.  C ‐ total emission limit value (ng/Nm3)

for dioxins and furans expressed as average value measured over the sampling period of a minimum of 6 hours and a maximum of 8 hours:

 Polluting substance

C

Dioxins and furans

0,1

4.2  C – total emission limit values (mg/Nm3)

for heavy metals expressed as average values over the sampling period of a minimum of 30 minutes and a maximum of 8 hours:

 Polluting substances

C

Cd + Tl

0,05

Hg

0,05

Part 5

Emission limit values for discharges of waste water from the cleaning of waste gases

Polluting substances

Emission limit values for unfiltered samples  (mg/l except for dioxins and furans) 

1. Total suspended solids as defined in Annex I of Directive 91/271/EEC

(95 %)

30

(100 %)

45

2. Mercury and its compounds, expressed as mercury (Hg)

0,03 

3. Cadmium and its compounds, expressed as cadmium (Cd)

0,05 

4. Thallium and its compounds, expressed as thallium (Tl)

0,05 

5. Arsenic and its compounds, expressed as arsenic (As)

0,15 

6. Lead and its compounds, expressed as lead (Pb)

0,2 

7. Chromium and its compounds, expressed as chromium (Cr)

0,5 

8. Copper and its compounds, expressed as copper (Cu)

0,5 

9. Nickel and its compounds, expressed as nickel (Ni)

0,5 

10. Zinc and its compounds, expressed as zinc (Zn)

1,5 

11. Dioxins and furans

0,3 ng/l 

Part 6  

Monitoring of emissions 

1.  Measurement techniques

1.1  Measurements for the determination of concentrations of air and water polluting substances shall be carried out representatively.

1.2  Sampling and analysis of all polluting substances including dioxins and furans as well as the quality assurance of automated measuring systems and the reference measurement methods to calibrate them shall be carried out according to CEN-standards. If CEN standards are not available, ISO standards, national or international standards which will ensure the provision of data of an equivalent scientific quality shall apply.  Automated measuring systems shall be subject to control by means of parallel measurements with the reference methods at least once per year. 

1.3  At the daily emission limit value level, the values of the 95 % confidence intervals of a single measured result shall not exceed the following percentages of the emission limit values:

Carbon monoxide:

10 %

Sulphur dioxide:

20 %

Nitrogen dioxide:

20 %

Total dust:

30 %

Total organic carbon:

30 %

Hydrogen chloride:

40 %

Hydrogen fluoride:

40 %.

Periodic measurements of the emissions into the air and water shall be carried out in accordance with points 1.1 and 1.2.

2.  Measurements relating to air polluting substances 

2.1  The following measurements relating to air polluting substances shall be carried out:

   (a) continuous measurements of the following substances: NOx, provided that emission limit values are set, CO, total dust, TOC, HCl, HF, SO2;
   (b) continuous measurements of the following process operation parameters: temperature near the inner wall or at another representative point of the combustion chamber as authorised by the competent authority, concentration of oxygen, pressure, temperature and water vapour content of the waste gas;
   (c) at least two measurements per year of heavy metals, dioxins and furans; one measurement at least every three months shall however be carried out for the first 12 months of operation.

2.2.  The residence time as well as the minimum temperature and the oxygen content of the waste gases shall be subject to appropriate verification, at least once when the waste incineration plant or waste co-incineration plant is brought into service and under the most unfavourable operating conditions anticipated.

2.3.  The continuous measurement of HF may be omitted if treatment stages for HCl are used which ensure that the emission limit value for HCl is not being exceeded. In that case the emissions of HF shall be subject to periodic measurements as laid down in point 2.1(c).

2.4.  The continuous measurement of the water vapour content shall not be required if the sampled waste gas is dried before the emissions are analysed.

2.5.  The competent authority may decide not to require continuous measurements for HCI, HF and SO2 in waste incineration plants or waste co-incineration plants and require periodic measurements as set out in point 2.1(c) ▌if the operator can prove that the emissions of those pollutants can under no circumstances be higher than the prescribed emission limit values. This derogation shall not be applied in cases of burning mixed waste from different sources.

▌ 

2.6.  The competent authority may decide to require only one measurement per year ▌for heavy metals and for dioxins and furans in the following cases:

   (a) the emissions resulting from co-incineration or incineration of waste are under all circumstances below 50 % of the emission limit values;
   (b) the waste to be co-incinerated or incinerated consists only of certain sorted combustible fractions of non-hazardous waste not suitable for recycling and presenting certain characteristics, and which is further specified on the basis of the assessment referred to in point (c);
   (c) the operator can prove on the basis of  information on the quality of the waste concerned and the monitoring of the emissions that the emissions are under all circumstances significantly below the emission limit values for heavy metals, dioxins and furans; 
   (d) the operator can prove that neither electric nor electronic waste, nor waste containing chlorinated compounds is being treated.

2.7.  The results of the measurements shall be standardised using the standard oxygen concentrations mentioned in Part 3 or calculated according to Part 4 and by applying the formula given in Part 7. 

When waste is incinerated or co-incinerated in an oxygen-enriched atmosphere, the results of the measurements can be standardised at an oxygen content laid down by the competent authority reflecting the special circumstances of the individual case.

When the emissions of polluting substances are reduced by waste gas treatment in a waste incineration plant or waste co-incineration plant treating hazardous waste, the standardisation with respect to the oxygen contents provided for in the first subparagraph shall be done only if the oxygen content measured over the same period as for the polluting substance concerned exceeds the relevant standard oxygen content.

3.  Measurements relating to water polluting substances 

3.1.  The following measurements shall be carried out at the point of waste water discharge:

   (a) continuous measurements of  pH, temperature and flow;
   (b) spot sample daily measurements of total suspended solids  or measurements of a flow proportional representative sample over a period of 24 hours;
   (c) at least monthly measurements of a flow proportional representative sample of the discharge over a period of 24 hours of Hg, Cd, TI, As, Pb, Cr, Ni and Zn; 
   (d) at least every six months measurements of dioxins and furans; however one measurement at least every three months shall be carried out for the first 12 months of operation.

3.2.  Where the waste water from the cleaning of waste gases is treated on site collectively with other on-site sources of waste water, the operator shall take the measurements:

   (a) on the waste water stream from the waste gas cleaning processes prior to its input into the collective waste water treatment plant;
   (b) on the other waste water stream or streams prior to its or their input into the collective waste water treatment plant;
   (c) at the point of final waste water discharge, after the treatment, from the  waste  incineration plant or  waste  co-incineration plant.

Part 7

Formula to calculate the emission concentration at the standard percentage oxygen concentration

20090310-P6_TA(2009)0093_EN-p0000003.fig

ES

=

calculated emission concentration at the standard percentage oxygen concentration

EM

=

measured emission concentration

OS

=

standard oxygen concentration

OM

=

measured oxygen concentration

Part 8

 Assessment of compliance with emission limit values 

1.  Air emission limit values 

1.1.  The emission limit values for air shall be regarded as being complied with if: 

   (a) none of the daily average values exceeds any of the emission limit values set out in point 1.1 of Part 3 or in Part 4  or calculated in accordance with Part 4;
   (b) either none of the half-hourly average values exceeds any of the emission limit values set out in, column A of the table under point 1.2 of Part 3 or, where relevant, 97 % of the half-hourly average values over the year do not exceed any of the emission limit values set out in, column B of the table under point 1.2 of Part 3;
   (c) none of the average values over the  sampling  period set out for heavy metals and dioxins and furans exceeds the emission limit values set out in points 1.3 and 1.4 of Part 3 or in Part 4 or calculated in accordance with Part 4;
   (d) for carbon monoxide (CO):
   (i) in case of waste incineration plants: 
   at least 97 % of the daily average values over the year do not exceed the emission limit value set out in point 1.5(a) of Part 3; 
  

and 

   at least 95 % of all 10-minute average values taken in any 24-hour period or all of the half-hourly average values taken in the same period do not exceed the emission limit values set out in points 1.5(b) and (c) of Part 3 
   (ii) in case of waste co-incineration plants: the provisions of Part 4 are met. 

1.2.  The half-hourly average values and the 10-minute averages shall be determined within the effective operating time (excluding the start-up and shut- down periods if no waste is being incinerated) from the measured values after having subtracted the value of the confidence interval specified in point 1.3 of Part 6. The daily average values shall be determined from those validated average values.

To obtain a valid daily average value no more than five half-hourly average values in any day shall be discarded due to malfunction or maintenance of the continuous measurement system. No more than ten daily average values per year shall be discarded due to malfunction or maintenance of the continuous measurement system.

1.3.  The average values over the sampling period and the average values in the case of periodical measurements of HF, HCl and SO2 shall be determined in accordance with the requirements of Articles 39(1)(e) and 42(3) and point 1 of Part 6.

2.  Water emission limit values. 

The emission limit values for water shall be regarded as being complied with if:

   (a) for total suspended solids 95 % and 100 % of the measured values do not exceed the respective emission limit values as set out in Part 5;
   (b) for heavy metals (Hg, Cd, TI, As, Pb, Cr, Cu, Ni and Zn) no more than one measurement per year exceeds the emission limit values set out in Part 5; or, if the Member State provides for more than 20 samples per year, no more than 5% of these samples exceed the emission limit values set out in Part 5;
   (c) for dioxins and furans, the measurement results do not exceed the emission limit value set out in Part 5.

ANNEX VII

Part 1 

Activities 

1.  In each of the following points, the activity includes the cleaning of the equipment but not the cleaning of products unless specified otherwise.

2.  Adhesive coating

Any activity in which an adhesive is applied to a surface, with the exception of adhesive coating and laminating associated with printing activities.

3.  Coating activity

Any activity in which a single or multiple application of a continuous film of a coating is applied to:

  (a) either of the following vehicles:
   (i) new cars, defined as vehicles of category M1 in 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)(49) and of category N1 in so far as they are coated at the same installation as M1 vehicles║;
   (ii) truck cabins, defined as the housing for the driver, and all integrated housing for the technical equipment, of vehicles of categories N2 and N3 in Directive 2007/46/EC;
   (iii) vans and trucks, defined as vehicles of categories N1, N2 and N3 in Directive 2007/46/EC, but not including truck cabins;
   (iv) buses, defined as vehicles of categories M2 and M3 in Directive 2007/46/EC;
   (v) trailers, defined in categories O1, O2, O3 and O4 in Directive 2007/46/EC;
   (b) metallic and plastic surfaces including surfaces of airplanes, ships, trains, etc.;
   (c) wooden surfaces;
   (d) textile, fabric, film and paper surfaces;
   (e) leather.

Coating activities do not include the coating of substrate with metals by electrophoretic and chemical spraying techniques. If the coating activity includes a step in which the same article is printed by whatever technique used, that printing step is considered part of the coating activity. However, printing activities operated as a separate activity are not included, but may be covered by Chapter V of this Directive if the printing activity falls within the scope thereof.

4.  Coil coating

Any activity where coiled steel, stainless steel, coated steel, copper alloys or aluminium strip is coated with either a film forming or laminate coating in a continuous process.

5.  Dry cleaning

Any industrial or commercial activity using volatile organic compounds  in an installation to clean garments, furnishing and similar consumer goods with the exception of the manual removal of stains and spots in the textile and clothing industry.

6.  Footwear manufacture

Any activity of producing complete footwear or parts thereof.

7.  Manufacturing of coating mixtures, varnishes, inks and adhesives

The manufacture of the above final products, and of intermediates where carried out at the same site, by mixing of pigments, resins and adhesive materials with organic solvent or other carrier, including dispersion and predispersion activities, viscosity and tint adjustments and operations for filling the final product into its container.

8.  Manufacturing of pharmaceutical products

The chemical synthesis, fermentation, extraction, formulation and finishing of pharmaceutical products and, where carried out at the same site, the manufacture of intermediate products.

9.  Printing

Any reproduction activity of text and/or images in which, with the use of an image carrier, ink is transferred onto whatever type of surface. It includes associated varnishing, coating and laminating techniques. However, only the following sub-processes are subject to Chapter V:

   (a) flexography - a printing activity using an image carrier of rubber or elastic photopolymers on which the printing areas are above the non-printing areas, using liquid inks which dry through evaporation;
   (b) heatset web offset - a web-fed printing activity using an image carrier in which the printing and non-printing area are in the same plane, where web-fed means that the material to be printed is fed to the machine from a reel as distinct from separate sheets. The non-printing area is treated to attract water and thus reject ink. The printing area is treated to receive and transmit ink to the surface to be printed. Evaporation takes place in an oven where hot air is used to heat the printed material;
   (c) laminating associated to a printing activity - the adhering together of two or more flexible materials to produce laminates;
   (d) publication rotogravure - a rotogravure printing activity used for printing paper for magazines, brochures, catalogues or similar products, using toluene-based inks;
   (e) rotogravure - a printing activity using a cylindrical image carrier in which the printing area is below the non-printing area, using liquid inks which dry through evaporation. The recesses are filled with ink and the surplus is cleaned off the non-printing area before the surface to be printed contacts the cylinder and lifts the ink from the recesses;

(f)   rotary screen printing - a web-fed printing activity in which the ink is passed onto the surface to be printed by forcing it through a porous image carrier, in which the printing area is open and the non-printing area is sealed off, using liquid inks which dry only through evaporation. Web-fed means that the material to be printed is fed to the machine from a reel as distinct from separate sheets;

   (g) varnishing - an activity by which a varnish or an adhesive coating for the purpose of later sealing the packaging material is applied to a flexible material.

10.  Rubber conversion

Any activity of mixing, milling, blending, calendering, extrusion and vulcanisation of natural or synthetic rubber and any ancillary operations for converting natural or synthetic rubber into a finished product.

11.  Surface cleaning

Any activity except dry cleaning using organic solvents to remove contamination from the surface of material including degreasing. A cleaning activity consisting of more than one step before or after any other activity shall be considered as one surface cleaning activity. This activity does not refer to the cleaning of the equipment but to the cleaning of the surface of products.

12.  Vegetable oil and animal fat extraction and vegetable oil refining activities

Any activity to extract vegetable oil from seeds and other vegetable matter, the processing of dry residues to produce animal feed, the purification of fats and vegetable oils derived from seeds, vegetable matter and/or animal matter.

13.  Vehicle refinishing

Any industrial or commercial coating activity and associated degreasing activities performing either of the following:

   (a) the original coating of road vehicles as defined in Directive 2007/46/EC or part of them with refinishing-type materials, where this is carried out away from the original manufacturing line;
   (b) the coating of trailers (including semi-trailers) (category O in Directive 2007/46/EC).

14.  Winding wire coating

Any coating activity of metallic conductors used for winding the coils in transformers and motors, etc.

15.  Wood impregnation

Any activity giving a loading of preservative in timber.

16.  Wood and plastic lamination

Any activity to adhere together wood and/or plastic to produce laminated products.

Part 2

Thresholds and emission limit values

The emission limit values in waste gases shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correction for the water vapour content of the waste gases.

Activity

(solvent consumption threshold in tonnes/year)

Threshold

(solvent consumption threshold in tonnes/year)

Emission limit values in waste gases (mg C/Nm3)

Fugitive emission  limit  values (percentage of solvent input)

Total emission limit values

Special provisions

New  installations 

Existing  installations 

New  installations 

Existing  installations 

1

Heatset web offset printing

(> 15)

15‐25

> 25

100

20

30 (1)

30 (1)

(1) Solvent residue in finished product is not to be considered as part of fugitive emissions.

2

Publication rotogravure

(> 25)

75

10

15

3

Other rotogravure, flexography, rotary screen printing, laminating or varnishing units (> 15)

rotary screen printing on textile/cardboard (> 30)

15‐25

> 25

> 30 (1)

100

100

100

25

20

20

(1) Threshold for rotary screen printing on textile and on cardboard.

4

Surface cleaning  using compounds specified in Article 53(5) .

(> 1)

1‐5

> 5

20 (1)

20 (1)

15

10

(1) Limit  value  refers to mass of compounds in mg/Nm3, and not to total carbon.

5

Other surface cleaning

(> 2)

2‐10

> 10

75 (1)

75 (1)

20 (1)

15 (1)

(1) Installations which demonstrate to the competent authority that the average organic solvent content of all cleaning material used does not exceed 30 % by weight are exempt from application of these values.

6

Vehicle coating (< 15) and vehicle refinishing

> 0,5

50 (1)

25

(1) Compliance in accordance with point 2 of Part 8  shall  be demonstrated based on 15 minute average measurements.

7

Coil coating

(> 25)

50 (1)

5

10

(1) For installations which use techniques which allow reuse of recovered solvents, the emission limit  value  shall be 150.

8

Other coating, including metal, plastic, textile (5), fabric, film and paper coating

(> 5)

5‐15

> 15

100 (1) (4)

50/75 (2) (3) (4)

25 (4) 

20 (4)

(1) Emission limit value applies to coating application and drying processes operated under contained conditions.

(2) The first emission limit value applies to drying processes, the second to coating application processes.

(3) For textile coating installations which use techniques which allow reuse of recovered solvents, the emission limit  value  applied to coating application and drying processes taken together shall be 150.

(4) Coating activities which cannot be  carried out under contained conditions (such as shipbuilding, aircraft painting) may be exempted from these values, in accordance with Article 53(3).

(5) Rotary screen printing on textile is covered by activity No 3.

9

Winding wire coating

(> 5)

10 g/kg (1)

5 g/kg (2)

(1) Applies for installations where average diameter of wire ≤ 0,1 mm.

(2) Applies for all other installations.

10

Coating of wooden surfaces

(> 15)

15‐25

> 25

100 (1)

50/75 (2)

25

20

(1) Emission limit value applies to coating application and drying processes operated under contained conditions.

(2) The first value applies to drying processes, the second to coating application processes.

11

Dry cleaning

20 g/kg (1) (2)

(1) Expressed in mass of solvent emitted per kilogram of product cleaned and dried.

(2) The emission limit  value  in point 2 of Part 4 does not apply for this  activity .

12

Wood impregnation

(> 25)

100 (1)

45

11 kg/m3

(1)  Emission limit value  does not apply for impregnation with creosote.

13

Coating of leather

(> 10)

10‐25

> 25

> 10 (1)

85 g/m2

75 g/m2

150 g/m2

Emission  limit values  are expressed in grams of solvent emitted per m2 of product produced.

(1) For leather coating activities in furnishing and particular leather goods used as small consumer goods like bags, belts, wallets, etc.

14

Footwear manufacture

(> 5)

25 g per pair

Total emission limit  value is  expressed in grams of solvent emitted per pair of complete footwear produced.

15

Wood and plastic lamination

(> 5)

30 g/m2

16

Adhesive coating

(> 5)

5‐15

> 15

50 (1)

50 (1)

25

20

(1) If techniques are used which allow reuse of recovered solvent, the emission limit value in waste gases shall be 150.

17

Manufacture of coating  mixtures , varnishes, inks and adhesives

(> 100)

100‐1 000

> 1 000

150

150

5

3

5 % of solvent input

3 % of solvent input

The fugitive emission  limit  value does not include solvent sold as part of a coatings  mixture  in a sealed container.

18

Rubber conversion

(> 15)

20 (1)

25 (2)

25 % of solvent input

(1) If techniques are used which allow reuse of recovered solvent, the emission limit value in waste gases shall be 150.

(2) The fugitive emission  limit  value does not include solvent sold as part of products or  mixtures  in a sealed container.

19

Vegetable oil and animal fat extraction and vegetable oil refining activities

(> 10)

Animal fat:

1,5 kg/tonne

Castor:

3 kg/tonne

Rape seed:

1 kg/tonne

Sunflower seed:

1 kg/tonne

Soya beans (normal crush):

0,8 kg/tonne

Soya beans (white flakes): 1,2 kg/tonne

Other seeds and other vegetable matter:

3 kg/tonne (1)

1,5 kg/tonne (2)

4 kg/tonne (3)

(1) Total emission limit values for installations processing individual batches of seeds and other vegetable matter should be set by the competent authority on a case-by-case basis, applying the best available techniques.

(2) Applies to all fractionation processes excluding de-gumming (the removal of gums from the oil).

(3) Applies to de-gumming.

20

Manufacturing of pharmaceutical products

(> 50)

20 (1)

5 (2)

15 (2)

5 % of solvent input

15 % of solvent input

(1) If techniques are used which allow reuse of recovered solvent, the emission limit value in waste gases shall be 150.

(2) The fugitive emission limit value does not include solvent sold as part of products or  mixtures  in a sealed container.

Part 3

 Emission limit values for installations of  the vehicle coating industry

1.  The total emission limit values are expressed in terms of grams of organic solvent emitted in relation to the surface area of product in square metres and in kilograms of  organic  solvent emitted in relation to the car body.

2.  The surface area of any product dealt with in the table  under point 3  below is defined as follows:

   - the surface area calculated from the total electrophoretic coating area, and the surface area of any parts that might be added in successive phases of the coating process which are coated with the same coatings as those used for the product in question, or the total surface area of the product coated in the installation.

The surface of the electrophoretic coating area is calculated using the  following  formula:

2 × total weight of product shell

average thickness of metal sheet × density of metal sheet

This method shall also be applied for other coated parts made out of sheets.

Computer aided design or other equivalent methods shall be used to calculate the surface area of the other parts added, or the total surface area coated in the installation.

3.  The total emission limit values in the table below refer to all process stages carried out at the same installation from electrophoretic coating, or any other kind of coating process, through to the final wax and polish of topcoating inclusive, as well as solvent used in cleaning of process equipment, including spray booths and other fixed equipment, both during and outside of production time.

Activity

(solvent consumption threshold in tonnes/year)

Production threshold

(refers to annual production of coated item)

Total emission limit value

New  installations 

Existing  installations

Coating of new cars (> 15)

> 5 000

45 g/m2 or 1,3 kg/body + 33 g/m2

60 g/m2 or 1,9 kg/body + 41 g/m2

≤ 5 000 monocoque or > 3 500 chassis-built

90 g/m2 or 1,5 kg/body + 70 g/m2

90 g/m2 or 1,5 kg/body + 70 g/m2

Total emission limit  value  (g/m2)

Coating of new truck cabins (> 15)

≤ 5 000

65

85

> 5 000

55

75

Coating of new vans and trucks (> 15)

≤ 2 500

90

120

> 2 500

70

90

Coating of new buses (> 15)

≤ 2 000

210

290

> 2 000

150

225

4.  Vehicle coating installations below the solvent consumption thresholds  mentioned  in the table under point 3 shall meet the requirements for the vehicle refinishing sector  set out  in Part 2.

Part 4

 Emission limit values relating to volatile organic compounds with specific risk phrases  

1.  For emissions of the volatile organic compounds referred to in Article 52 where the mass flow of the sum of the compounds causing the labelling referred to in that Article is greater than, or equal to, 10 g/h, an emission limit value of 2 mg/Nm3 shall be complied with. The emission limit value refers to the mass sum of the individual compounds.

2.  For emissions of halogenated volatile organic compounds which are assigned the risk phrase R40 or R68 , where the mass flow of the sum of the compounds causing the labelling R40 or R68 is greater than, or equal to, 100 g/h, an emission limit value of 20 mg/Nm3 shall be complied with. The emission limit value refers to the mass sum of the individual compounds.

Part 5 

Reduction scheme

1.  In the case of applying coatings, varnishes, adhesives or inks, the following scheme can be used. Where the following method is inappropriate, the competent authority may allow an operator to apply any alternative scheme achieving equivalent emission reductions to those achieved if the emission limit values of Parts 2 and 3 were to be applied. The design of the scheme shall take into account the following facts:

   (a) where substitutes containing little or no solvent are still under development, a time extension shall be given to the operator to implement his emission reduction plans;
   (b) the reference point for emission reductions should correspond as closely as possible to the emissions which would have resulted had no reduction action been taken.

2.  The following scheme shall operate for installations for which a constant solid content of product can be assumed:

(a)  The annual reference emission is calculated as follows:

(i)  The total mass of solids in the quantity of coating and/or ink, varnish or adhesive consumed in a year is determined. Solids are all materials in coatings, inks, varnishes and adhesives that become solid once the water or the volatile organic compounds are evaporated.

(ii)  The annual reference emissions are calculated by multiplying the mass determined in (i)  by the appropriate factor listed in the table below. Competent authorities may adjust these factors for individual installations to reflect documented increased efficiency in the use of solids.

Activity

Multiplication factor for use in item (a)(ii)

Rotogravure printing; flexography printing; laminating as part of a printing activity; varnishing as part of a printing activity; wood coating; coating of textiles, fabric film or paper; adhesive coating

4

Coil coating, vehicle refinishing

3

Food contact coating, aerospace coatings

2,33

Other coatings and rotary screen printing

1,5

(b)  The target emission is equal to the annual reference emission multiplied by a percentage equal to:

   (1) (the fugitive emission limit value + 15), for installations falling within item 6 and the lower threshold band of items 8 and 10 of Part 2,
   (2) (the fugitive emission limit value + 5) for all other installations.

(c)  Compliance is achieved if the actual solvent emission determined from the solvent management plan is less than or equal to the target emission.

Part 6

Emission monitoring

1.  Channels to which abatement equipment is connected, and which at the final point of discharge emit more than an average of 10 kg/h of total organic carbon, shall be monitored continuously for compliance.

2.  In the other cases, Member States shall ensure that either continuous or periodic measurements are carried out. For periodic measurements at least three measurement values shall be obtained during each measurement exercise.

3.  Measurements are not required in the case where end-of-pipe abatement equipment is not needed to comply with this Directive.

Part 7 

Solvent management plan

1.  Principles

The solvent management plan shall be used to:

   (a) verify compliance as specified in Article 56;
   (b) identify future reduction options;
   (c) enable provision of information on solvent consumption, solvent emissions and compliance with  the requirements of Chapter V to the public.

2.  Definitions

The following definitions provide a framework for the mass balance exercise.

Inputs of organic solvents (I):

I1 The quantity of organic solvents or their quantity in  mixtures  purchased which are used as input into the process in the time frame over which the mass balance is being calculated.

I2 The quantity of organic solvents or their quantity in mixtures recovered and reused as solvent input into the process. The recycled solvent is counted every time it is used to carry out the activity.

Outputs of organic solvents (O):

O1 Emissions in waste gases.

O2 Organic solvents lost in water, taking into account waste water treatment when calculating O5.

O3 The quantity of organic solvents which remains as contamination or residue in products output from the process.

O4 Uncaptured emissions of organic solvents to air. This includes the general ventilation of rooms, where air is released to the outside environment via windows, doors, vents and similar openings.

O5 Organic solvents and/or organic compounds lost due to chemical or physical reactions (including those which are destroyed, by incineration or other waste gas or waste water treatments, or captured,, as long as they are not counted under O6, O7 or O8).

O6 Organic solvents contained in collected waste.

O7 Organic solvents, or organic solvents contained in mixtures, which are sold or are intended to be sold as a commercially valuable product.

O8 Organic solvents contained in mixtures recovered for reuse but not as input into the process, as long as not counted under O7.

O9 Organic solvents released in other ways.

3.  Use of the solvent management plan for verification of compliance.

The use made of the solvent management plan shall be determined by the particular requirement which is to be verified, as follows:

(a)   verification of compliance with the reduction  scheme as set out  in Part 5, with a total emission limit value expressed in solvent emissions per unit product, or otherwise stated in Parts 2 and 3.

(i)   for all activities using the reduction scheme as set out in Part 5, the solvent management plan shall be done annually to determine the consumption (C). The consumption shall be calculated according to the following equation:

C = I1 − O8

A parallel exercise shall also be undertaken to determine solids used in coating in order to derive the annual reference emission and the target emission each year.

(ii)   for assessing compliance with a total emission limit value expressed in solvent emissions per unit product or otherwise stated in Parts 2 and 3, the solvent management plan shall be done annually to determine the emissions (E). The emissions shall be calculated according to the following equation:

E = F + O1

Where F is the fugitive emission as defined in point (b)(i). The emission figure shall then be divided by the relevant product parameter.

(iii)   for assessing compliance with the requirements of point (b)(ii) of paragraph 6 of Article 53, the solvent management plan shall be done annually to determine total emissions from all activities concerned, and that figure shall then be compared with the total emissions that would have resulted had the requirements of Parts 2, 3 and 5 been met for each activity separately.

(b)  Determination of fugitive emissions for comparison with the fugitive emission limit values in Part 2:

(i)  The fugitive emission shall be calculated according to one of the following equations;

F = I1 − O1 − O5 − O6 − O7 − O8

or

F = O2 + O3 + O4 + O9

F shall be determined either by direct measurement of the quantities or by an equivalent method or calculation, for instance by using the capture efficiency of the process.

The fugitive emission limit value is expressed as a proportion of the input, which shall be calculated according to the following equation:

I = I1 + I2

(ii)  Determination of fugitive emissions shall be done by a short but comprehensive set of measurements and needs not be done again until the equipment is modified.

Part 8

Assessment of compliance with emission limit values in waste gases 

1.  In the case of continuous measurements the emission limit values shall be considered to be complied with if:

   (a) none of the arithmetic averages of all valid readings taken during any 24-hour period of operation of an installation or activity except start-up and shut-down operations and maintenance of equipment exceeds the emission limit values,
   (b) none of the hourly averages exceeds the emission limit values by more than a factor of 1,5.

2.  In the case of periodic measurements the emission limit values shall be considered to be complied with if, in one monitoring exercise:

   (a) the average of all the measurement values  does not exceed the emission limit values,
   (b) none of the hourly averages exceeds the emission limit value by more than a factor of 1,5.

3.  Compliance with the provisions of Part 4 shall be verified on the basis of the sum of the mass concentrations of the individual volatile organic compounds concerned. For all other cases, compliance shall be verified on the basis of the total mass of organic carbon emitted unless otherwise specified in Part 2.

4.  Gas volumes may be added to the waste gas for cooling or dilution purposes where technically justified but shall not be considered when determining the mass concentration of the pollutant in the waste gas.

ANNEX VIII

Technical provisions relating to installations producing titanium dioxide 

Part 1

 Emission limit values for emissions into water 

1.  In case of installations using the sulphate process (as a yearly average):

550  kg of sulphate per tonne of titanium dioxide produced;

2.  In case of installations using the chloride process (as a yearly average):

(a)  130 kg chloride per tonne of titanium dioxide produced using neutral rutile,

(b)  228 kg chloride per tonne of titanium dioxide produced using synthetic rutile,

(c)  330 kg chloride per tonne of titanium dioxide produced using slag.

3.  For installations using the chloride process and using more than one type or ore, the emission limit values in point 2 shall apply in proportion to the quantity of the ores used.

Part 2

 Acute toxicity tests 

1.  Tests for acute toxicity shall be carried out on certain species of molluscs, crustaceans, fish and plankton, commonly found in the discharge areas. In addition, tests shall be done on samples of the brine shrimp species (Artemia salina).

2.  Maximum mortality revealed by the tests in point 1, over a period of 36 hours and at an effluent dilution of 1/5 000:

   (a) for adult forms of the species tested: 20% mortality,
   (b) for larval forms  of the species tested:  mortality exceeding that of a control group.

Part 3

 Emission limit values to air

1.  The emission limit values which are expressed as concentrations in mass per cubic meter (Nm3) shall be calculated at a temperature of 273,15 K, a pressure of 101,3 kPa and after correction for the water vapour content of the waste gases.

2.  For dust: 50 mg/Nm3 as an hourly average;

3.  For gaseous sulphur dioxide and trioxide, including acid droplets calculated as SO2 equivalent

(a)  6 kg per tonne of titanium dioxide produced as a yearly average;

(b)  500 mg/Nm3 as an hourly average forplants for the concentration of waste acid;

4.  For chlorine in the case of installations using the chloride process:

(a)  5 mg/Nm3 as a daily average

(b)  40 mg/Nm3  at any time.

Part 4

 Monitoring of the environment affected by discharges of waste from installations producing titanium dioxide into water 

1.  The water column shall be monitored at least three times per year, either through monitoring non-filtered or filtered water, by determining the following parameters: 

   (a) in case of monitoring non-filtered water: temperature, salinity or conductivity at 20°C, pH, dissolved O2, turbidity or suspended matter, Fe dissolved and in suspension, Ti; 
   (b) in case of monitoring filtered water: 
   (i) in the water filtered through a 0,45 μm pore size membrane filter: dissolved Fe; 
   (ii) in the suspended solids remaining in the 0,45 µm pore size membrane filter: Fe, hydrated oxides and hydroxides of iron.

2.  Sediments shall be monitored at least once per year by taking samples in the top layer of the sediment as near to the surface as possible and by determining the following parameters in these samples: Ti, Fe, hydrated oxides and hydroxides of iron. 

3.  Living organisms shall be monitored at least once per year by determining the concentration of the following substances in species representative of the site: Ti, Cr, Fe, Ni, Zn, Pb, and by determining the diversity and relative abundance of the benthic fauna, and the presence of morbid and anatomical lesions in fish.

4.  In the course of successive sampling operations, the samples shall be taken at the same location and depth and under the same conditions.

Part 5

Emission monitoring

The monitoring of emissions to air shall include at least continuous monitoring of:

(a)  SO2 from plants for the concentration of waste acid in installations using the sulphate process

   (b) chlorine from installations using the chloride process
   (c) dust from major sources.

ANNEX IX

Part A

Repealed Directives with their successive amendments

(referred to in Article 72)

Council Directive 78/176/EEC

(OJ L 54, 25.2.1978, p. 19)

Council Directive 83/29/EEC

(OJ L 32, 3.2.1983, p. 28)

Council Directive 91/692/EEC

(OJ L 377, 31.12.1991, p. 48)

only Annex I point (b)

Council Directive 82/883/EEC

(OJ L 378, 31.12.1982, p. 1)

Council Regulation (EC) No 807/2003

(OJ L 122, 16.5.2003, p. 36)

only Annex III, point 34

Council Directive 92/112/EEC

(OJ L 409, 31.12.1992, p. 11).

Council Directive 96/61/EC

(OJ L 257, 10.10.1996, p. 26)

Directive 2003/35/EC of the European Parliament and of the Council

(OJ L 156, 25.6.2003, p. 17)

only Article 4 and Annex II

Directive 2003/87/EC of the European Parliament and of the Council

(OJ L 275, 25.10.2003, p. 32)

only Article 26

Regulation (EC) N° 1882/2003 of the European Parliament and of the Council

(OJ L 284, 31.10.2003, p. 1)

only Annex III, point 61

Regulation (EC) N° 166/2006 of the European Parliament and of the Council

(OJ L 33, 4.2.2006, p. 1)

only Article 21(2)

Council Directive 1999/13/EC

(OJ L 85, 29.3.1999, p. 1)

Regulation (EC) N° 1882/2003 of the European Parliament and of the Council

(OJ L 284, 31.10.2003, p. 1)

only Annex I, point 17

Directive 2004/42/CE of the European Parliament and of the Council

(OJ L 143, 30.4.2004, p. 87)

only Article 13(1)

Directive 2000/76/EC of the European Parliament and of the Council

(OJ L 332, 28.12.2000, p. 91)

Directive 2001/80/EC of the European Parliament and of the Council

(OJ L 309, 27.11.2001, p. 1)

Council Directive 2006/105/EC

(OJ L 363, 20.12.2006, p. 368)

Only Annex, part B, point 2

Part B

List of time-limits for transposition into national law (referred to in Article 72)

Directive

Time-limit for transposition

Time-limit for application

78/176/EEC

25 February 1979

82/883/EEC

31 December 1984

92/112/EEC

15 June 1993

96/61/EC

30 October 1999

1999/13/EC

1 April 2001

2000/76/EC

28 December 2000

28 December 2002

28 December 2005

2001/80/EC

27 November 2002

27 November 2004

2003/35/EC

25 June 2005

2003/87/EC

31 December 2003

ANNEX X

Correlation table

Directive 78/176/EEC

Directive 82/883/EEC

Directive 92/112/EEC

Directive 96/61/EC

Directive 1999/13/EC

Directive 2000/76/EC

Directive 2001/80/EC

This Directive

Article 1(1)

Article 1

Article 1

Article 1

Article 1

Article 1, first paragraph

Article 1

Article 1(2), point (a)

Article 2(2)

Article 3(2)

Article 1(2), point (b)

Article 3(1)

Article 3(25)

Article 1(2), points (c), (d) and (e)

---

Article 2

Article 61

Article 3

Article 12, points (4) and (5)

Article 4

Article 4

Article 3, introductory wording and (1)

Article 4(1)

Article 4(1), first subparagraph

---

---

---

---

---

---

---

Article 5

Article 5

Article 12, points (4) and (5)

Article 6

Article 12, points (4) and (5)

Article 7(1)

Article 64(1) and 64(2), first subparagraph

Article 7(2) and (3)

---

---

---

---

---

---

---

---

Article 64(2), second subparagraph

Article 8(1)

Article 62(2)

Article 8(2)

Article 28(1), second subparagraph

Article 9

---

Article 10

---

Article 11

Article 13

Article 12

---

Article 13(1)

Article 66

Article 13(2), (3) and (4)

---

Article 14

---

Article 15

Article 14

Article 12

Article 21

Article 15

Article 21

Article 18(1) and (3)

Article 71

Article 16

Article 15

Article 13

Article 23

Article 17

Article 23

Article 20

Article 75

Annex I

---

Annex IIA introductory wording and point 1

---

Annex IIA point 2

Annex VIII, Part 2

Annex IIB

---

Article 2

---

Article 3

---

Article 4(1) and 4(2), first subparagraph

Article 64(3)

Article 4(2), second subparagraph

Annex VIII, Part 4

Article 4(3) and (4)

---

---

---

---

---

---

---

Article 64(4)

Article 5

---

Article 6

---

Article 7

---

Article 8

---

Article 9

---

Article 10

Article 69

Article 11(1)

Article 19(1)

Article 13(1)

Article 17(1)

Article 69(1)

---

---

---

---

---

---

---

Article 69(2)

Article 11(2) and (3)

---

Article 12

---

Article 13

---

Annex I

---

Annex II

Annex VIII, Part 4

Annex III

Annex VIII, Part 4

Annex IV

---

Annex V

---

Article 2(1), introductory wording

---

Article 2(1)(a), introductory wording and first indent

---

Article 2(1)(a), second indent

Article 61(2)

Article 2(1)(a), third indent and 2(1)(b), third indent

Article 61(4)

Article 2(1)(a), fourth, fifth, sixth and seventh indent

---

Article 2(1)(b), introductory wording and first, fourth, fifth, sixth and seventh indent

---

Article 2(1)(b), second indent

Article 61(3)

Article 2(1)(c)

---

Article 2(2)

---

Article 3

Article 61

Article 4

Article 61

Article 5

---

Article 6, first paragraph, introductory wording

Article 62(1)

Article 6, first paragraph, point (a)

Annex VIII, Part 1, point (1)

Article 6, first paragraph, point (b)

Annex VIII, Part 1, point (2)

Article 6, second paragraph

Annex VIII, Part 1, point (3)

Article 7

---

Article 8

---

Article 9(1) introductory wording

Article 63(2)

Article 9(1)(a), introductory wording

---

Article 9(1)(a)(i)

Annex VIII, Part 3, point (2)

Article 9(1)(a)(ii)

Annex VIII, Part 3, point (3), introductory wording, and point (3)(a)

Article 9(1)(a)(iii)

Article 63(1)

Article 9(1)(a)(iv)

Annex VIII, Part 3, point (3)(b)

Article 9(1)(a)(v)

---

Article 9(1) b)

Annex VIII, Part 3, point (4)

Article 9(2) and (3)

---

Article 10

Article 64

Article 11

Article 12, points (4) and (5)

Annex

---

Article 2, introductory wording

Article 3, introductory wording

Article 2(1)

Article 2(14)

Article 3(1)

Article 2(3)

Article 2(1)

Article 3(3)

Article 2(4)

---

Article 2(5)

Article 2(9)

Article 3(8)

Article 2(1)

Article 3(4)

Article 2(6)

Article 2(13)

Article 3(9)

Article 2(3), first part

Article 3(5)

Article 2(7)

Article 3(6)

Article 2(8)

Article 2(5)

Article 65

Article 2(9), first sentence

Article 2(7)

Article 3(12)

Article 3(7)

Article 2(9), second sentence

Article 4(2), first subparagraph

---

---

---

---

---

---

---

Article 4(2), second subparagraph

Article 2(10)(a)

---

Article 2(10)(b), first subparagraph

Article 3(8)

Article 2(10)(b), second subparagraph

Article 21(3)

Article 2(11), first subparagraph and first, second and third indents

Article 3(9)

Article 2(11), second subparagraph

Articles 14(2) and 15(4)

Article 2(12)

Article 2(6)

Article 3(11)

Article 2(5)

Article 3(11)

Article 2(13)

Article 3(12)

Article 2(14)

Article 3(13)

---

---

---

---

---

---

---

Article 3(14), (15), (16), (17) and (18)

Article 3, first subparagraph, introductory wording

Article 12, introductory wording

Article 3, first subparagraph, point (a)

Article 12(1) and (2)

Article 3 first subparagraph, point (b)

Article 12(3)

Article 3 first subparagraph, point (c)

Article 12(4) and (5)

Article 3 first subparagraph, point (d)

Article 12(6)

Article 3 first subparagraph, point (e)

Article 12(7)

Article 3 first subparagraph, point (f)

Article 12(8)

Article 3, second subparagraph

---

Article 5(1)

Article 73(1) and (2)

---

---

---

---

---

---

---

Article 73(3) and (4)

Article 5(2)

Article 71(1), second subparagraph

Article 6(1), introductory wording

Article 13(1), introductory wording

Article 6(1), first subparagraph, first indent

Article 13(1) a)

Article 6(1), first subparagraph, second indent

Article 13(1) b)

Article 6(1), first subparagraph, third indent

Article 13(1) c)

Article 6(1), first subparagraph, fourth indent

Article 13(1) d)

---

---

---

---

---

---

---

Article 13(1) e)

Article 6(1), first subparagraph, fifth indent

Article 13(1) f)

Article 6(1), first subparagraph, sixth indent

Article 13(1) g)

Article 6(1), first subparagraph, seventh indent

Article 13(1) h)

Article 6(1), first subparagraph, eighth indent

Article 13(1) i)

Article 6(1), first subparagraph, ninth indent

Article 13(1) j)

Article 6(1), first subparagraph, tenth indent

Article 13(1) k)

Article 6(1), second subparagraph

Article 13(1), second subparagraph

Article 6(2)

Article 13(2)

---

---

---

---

---

---

---

Article 14

Article 7

Article 6(2)

Article 8, first paragraph

Article 4(3)

Article 6(1)

Article 8, second paragraph

---

Article 9(1), first part of sentence

Article 15(1), first subparagraph

Article 9(1), second part of sentence

---

Article 9(2)

Article 6(3)

Article 9(3), first subparagraph, first and second sentence

Article 15(1), second subparagraph, introductory wording and points (a) and (b)

Article 9(3), first subparagraph, third sentence

Article 15(2)

---

---

---

---

---

---

---

Article 15(3), (4) and (5)

Article 9(3), second subparagraph

---

Article 9(3), third subparagraph

Article 10(1)

Article 9(3), fourth subparagraph

Article 10(2)

Article 9(3), fifth subparagraph

Article 10(3)

Article 9(3), sixth subparagraph

Article 10(4)

Article 9(4), first part of first sentence

Article 16(2), first subparagraph

Article 9(4), second part of first sentence

Article 16 (3), first subparagraph

Article 9(4), second sentence

Article 15(1), second subparagraph, point (f)

---

---

---

---

---

---

---

Article 16(2), second subparagraph

---

---

---

---

---

---

---

Article 16 (3), second subparagraph and (4) and (5)

---

---

---

---

---

---

---

Article 17

Article 9(5), first subparagraph

Article 15(1), second subparagraph, point (c)

---

---

---

---

---

---

---

Article 15(1), second subparagraph, point (d)

Article 9(5), second subparagraph

---

Article 9(6), first subparagraph

Article 15(1), second subparagraph, point (e)

Article 9(6), second subparagraph

---

Article 9(7)

---

Article 9(8)

Articles 7 and 18(1)

---

---

---

---

---

---

---

Article 18(2), (3) and (4)

Article 10

Article 19

Article 11

Article 20

Article 12(1)

Article 21(1)

Article 12(2), first sentence

Article 21(2), first subparagraph

Article 12(2), second sentence

Article 21(2), second subparagraph

Article 12(2), third sentence

---

Article 13(1)

Article 22(1)

---

---

---

---

---

---

---

Article 22(2) and (3)

Article 13(2), introductory wording

Article 22(4), introductory wording

Article 13(2), first indent

Article 22(4)(a)

Article 13(2), second indent

Article 22(4)(b)

Article 13(2), third indent

Article 22(4)(c)

Article 13(2), fourth indent

---

---

---

---

---

---

---

---

Article 22(4)(d)

---

---

---

---

---

---

---

Article 23

---

---

---

---

---

---

---

Article 24

---

---

---

---

---

---

---

Article 25(1), first and second subparagraph

Article 14, introductory wording

Article 9(1), first part of sentence and Article 25(1), third subparagraph, introductory wording

Article 14, first indent

Article 9(1), second part of sentence

Article 14, second indent

Article 8, point (2) and Article 15(1), point (c)

Article 14, third indent

Article 25(1), third subparagraph

---

---

---

---

---

---

---

Article 25(2) to (7)

Article 15(1), introductory wording and first and second indents

Article 12(1), first subparagraph

Article 26(1), first subparagraph and points (a) and (b)

Article 15(1), third indent

Article 26(1), first subparagraph, point (c)

---

---

---

---

---

---

---

Article 26(1)(d)

Article 15(1), second subparagraph

Article 26(1), second subparagraph

---

---

---

---

---

---

---

---

Article 15(2)

Article 26(2)(h)

Article 15(4)

Article 26(3)

Article 15(5)

Article 26(2), introductory wording and points (a) and (b)

---

---

---

---

---

---

---

Article 26(2), points (c) to (g)

Article 15a, first paragraph

Article 27(1)

Article 15a, second paragraph

Article 27(2)

Article 15a, third paragraph

Article 27(3)

Article 15a, fourth and fifth paragraph

Article 27(4)

Article 15a, sixth paragraph

Article 27(5)

Article 16(1)

Article 11(1), first sentence and 11(2)

Article 66(1), first subparagraph

---

---

---

---

---

---

---

Article 66(1), second subparagraph

Article 16(2), first sentence

Article 29, introductory wording

Article 16(2), second sentence

---

Article 16(3), first sentence

Article 11(1), second sentence

Article 66(2)

Article 16(3), second sentence

---

Article 16(3), third sentence

Article 11(3)

Article 66(3)

Article 16(4)

---

---

---

---

---

---

---

---

Article 67

---

---

---

---

---

---

---

---

---

---

---

---

---

---

---

Article 29

Article 17

Article 11

Article 28

Article 18(1)

---

Article 18(2)

Article 16(3), second subparagraph

Article 19(2) and (3)

---

Article 20(1) and (2)

---

Article 20(3)

Article 18

Article 17

Article 72

Article 22

Article 16

Article 22

Article 19

Article 74

---

---

---

---

---

---

---

Article 2(1)

Annex I, first paragraph of introductory wording

Article 2(2)

Annex I, second paragraph of introductory wording

Annex I, first subparagraph of introductory wording

---

---

---

---

---

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Annex I, second and third subparagraph of introductory wording

Annex I, point 1

Annex I, point 1

Annex I, points 2.1 – 2.5(b)

Annex I, points 2.1 – 2.5(b)

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Annex I, point 2.5(c)

Annex I, point 2.6

Annex I, point 2.6

Annex I, point 3

Annex I, point 3

Annex I, points 4.1 – 4.6

Annex I, points 4.1 – 4.6

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Annex I, point 4.7

Annex I, point 5, introductory wording

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Annex I, points 5.1 – 5.3(b)

Annex I, points 5.1 – 5.3(b)

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Annex I, points 5.3 (c) to (e)

Annex I, point 5.4

Annex I, point 5.4

Annex I, points 6.1(a) and (b)

Annex I, points 6.1(a) and (b)

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Annex I, point 6.1 (c)

Annex I, points 6.2 – 6.4(b)

Annex I, points 6.2 – 6.4(b)(ii)

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Annex I, point 6.4 (b)(iii)

Annex I, points 6.4(c) – 6.6(c)

Annex I, points 6.4(c) – 6.6(c)

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Annex I, point 6.6(c), final sentence

Annex I, points 6.7 - 6.8

Annex I, points 6.7 - 6.8

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Annex I, points 6.9 and 6.10

Annex II

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Annex III

Annex II

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Annex II, point 13

Annex IV, introductory wording

Article 3(9)

Annex IV, points 1 to 11

Annex III

Annex IV, point 12

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Annex V 1(a)

Annex IV 1(a)

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Annex IV, point 1(b)

Annex V 1(b)-(g)

Annex IV, 1(c)-(h)

Annex V, points 2 to 5

Annex IV, points 2 to 5

Article 2(2)

Article 51(1)

Article 2(3)

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Article 2(4)

Article 57(1)

Article 2(8)

Article 4(1), third subparagraph

Article 2(10)

Article 51(3)

Article 2(11)

Article 51(2)

Article 2(12)

Article 51(4)

Article 2(15)

Article 51(5)

Article 2(16)

Article 3(33)

Article 2(17)

Article 3(34)

Article 2(18)

Article 3(35)

Article 2(19)

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Article 2(20)

Article 3(36)

Article 2(21)

Article 51(6)

Article 2(22)

Article 51(7)

Article 2(23)

Article 51(8)

Article 2(24)

Article 51(9)

Article 2(25)

Article 51(10)

Article 2(26)

Article 51(11)

Article 2(27)

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Article 2(28)

Article 57(1)

Article 2(29)

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Article 2(30)

Article 51(12)

Article 2(31)

Annex VII, Part 2, first sentence

Annex VIII, Part 3, point 1

Article 2(32)

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Article 2(33)

Article 51(13)

Article 3(2)

Article 4(1), second subparagraph

Article 4(1) to (3)

Article 4(1), first and second subparagraph

Article 4(4)

Article 57(2)

Article 5(1)

Article 53(1), first subparagraph

Article 5(2)

Article 53(1)(a) and (b)

Article 5(3)(a)

Article 53(2)

Article 5(3)(b)

Article 53(3)

Article 5(3), third subparagraph

Article 53(4)

Article 5(4)

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Article 5(5)

Article 53(6)

Article 5(6)

Article 52

Article 5(7)

Annex VII, Part 4, point 1

Article 5(8) first subparagraph

Annex VII, Part 4, point 2

Article 5(8) second subparagraph

Article 53(5)

Article 5(9)

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Article 5(10)

Article 53(7)

Article 5(11), (12) and (13)

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Article 6

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Article 7(1), introductory wording and first, second, third and fourth indent

Article 58

Article 7(1), second part

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Article 7(2)

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Article 8(1)

Article 8, introductory wording and point (1)

Article 8(2)

Annex VII, Part 6, point 1

Article 8(3)

Annex VII, Part 6, point 2

Article 8(4)

Annex VII Part 6, point 3

Article 8(5)

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Article 9(1), introductory wording

Article 56(1), introductory wording

Article 9(1), first subparagraph, first, second and third indent

Article 56, first paragraph, points (a), (b) and (c)

Article 9(1), second subparagraph

Article 56, second subparagraph

Article 9(1), third subparagraph

Annex VII, Part 8, point 4

Article 9(2)

Article 57(3)

Article 9(3)

Annex VII, Part 8, point 1

Article 9(4)

Annex VII, Part 8, point 2

Article 9(5)

Annex VII, Part 8, point 3

Article 10

Article 4(9)

Article 9(2)

Article 11(1), third to sixth sentences

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Article 12(1), second subparagraph

Article 59(1), first subparagraph

Article 12(1), third subparagraph

Article 59(1), second subparagraph

Article 12(2)

Article 59(2)

Article 12(3)

Article 59(3)

Article 13(2) and (3)

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Article 14

Article 19

Article 16

Article 70

Annex I, first and second sentence of introductory wording

Article 50

Annex I, third sentence of introductory wording and list of activities

Annex VII, Part 1

Annex IIA, Part I

Annex VII, Part 2

Annex IIA, Part 2

Annex VII, Part 3

Annex IIA, Part II, last sentence of paragraph 6

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Annex IIB, point 1, first and second sentences

Article 53(1)(b)

Annex IIB, point 1, third sentence

Article 53(1), second subparagraph

Annex IIB, point 2

Annex VII, Part 5

Annex IIB, point 2, second subparagraph (i) and table

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Annex III, point 1

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Annex III, point 2

Annex VII, Part 7, point 1

Annex III, point 3

Annex VII, Part 7, point 2

Annex III, point 4

Annex VII, Part 7, point 3

Article 1, second paragraph

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Article 2(1)

Article 37(1), first subparagraph

Article 2(2), introductory wording

Article 37(2), introductory wording

Article 2(2)(a), introductory wording

Article 37(2)(a), introductory wording

Article 2(2)(a), points (i) to (v)

Article 37(2)(a), point (i)

Article 2(2)(a), point (vi)

Article 37(2)(a), point (ii)

Article 2(2)(a), point (vii)

Article 37(2)(a), point (iii)

Article 2(2)(a), point (viii)

Article 37(2)(a), point (iv)

Article 2(2)(b)

Article 37(2)(b)

Article 3(2), first subparagraph

Article 3(26)

Article 3(2), second subparagraph

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Article 3(3)

Article 3(27)

Article 3(4), first subparagraph

Article 3(28)

Article 3(4), second subparagraph

Article 37(1), second subparagraph

Article 3(5), first subparagraph

Article 3(29)

Article 3(5), second subparagraph

Article 37(1), third subparagraph

Article 3(5), third subparagraph

Article 37(1), second subparagraph

Article 3(6)

Annex VI, Part 1, point (a)

Article 3(7)

Article 3(30)

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Annex VI, Part 1, point (b)

Article 3(10)

Article 3(31)

Article 3(13)

Article 3(32)

Article 4(2)

Article 38

Article 4(4), introductory wording and points (a) and (b)

Article 39 (1), introductory wording and points (a) and (b)

Article 4(4), point (c)

Article 39 (1),point (e)

Article 4(5)

Article 39(2)

Article 4(6)

Article 39(3)

Article 4(7)

Article 39(4)

Article 4(8)

Article 48

Article 5

Article 46

Article 6(1), first subparagraph

Article 44(1)

Article 6(1), second subparagraph and 6(2)

Article 44(2)

Article 6(1), third subparagraph

Article 44(3), first subparagraph

Article 6(1), fourth subparagraph

Article 44(3), second subparagraph

Article 6(3)

Article 44(4)

Article 6(4), first and second sentences of first subparagraph and Article 6(4), second subparagraph

Article 45(1)

Article 6(4), third sentence of first subparagraph

Article 45(2)

Article 6(4), third subparagraph

Article 45(3), second subparagraph

Article 6(4), fourth subparagraph

Article 45(4)

Article 6(5)

Article 40(1)

Article 6(6)

Article 44(5)

Article 6(7)

Article 44(6)

Article 6(8)

Article 44(7)

Article 7(1) and Article 7(2), first subparagraph

Article 40(2), first subparagraph

Article 7(2), second subparagraph

Article 40(2), second subparagraph

Article 7(3) and Article 11(8), first subparagraph, introductory wording

Annex VI, Part 6, first part of point 2.7

Article 7(4)

Article 40(2), second subparagraph

Article 7(5)

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Article 8(1)

Article 39(1), point (c)

Article 8(2)

Article 40(3)

Article 8(3)

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Article 8(4), first subparagraph

Article 40(4), first subparagraph

Article 8(4), second subparagraph

Annex VI, Part 6, first part of point 3.2

Article 8(4), third subparagraph

Annex VI, Part 6, second part of point 3.2

Article 8(4), fourth subparagraph

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Article 8(5)

Article 40(4), second and third subparagraph

Article 8(6)

Article 39 (1), points (c) and (d)

Article 8(7)

Article 40(4)

Article 8(8)

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Article 9, first subparagraph

Article 47(1)

Article 9, second subparagraph

Article 47(2)

Article 9, third subparagraph

Article 47(3)

Article 10(1) and (2)

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Article 10(3), first sentence

Article 42(2)

Article 10(3), second sentence

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Article 10(4)

Article 42(3)

Article 10(5)

Annex VI, Part 6, second part of point 1.3

Article 11(1)

Article 42(1)

Article 11(2)

Annex VI, Part 6, point 2.1

Article 11(3)

Annex VI, Part 6, point 2.2

Article 11(4)

Annex VI, Part 6, point 2.3

Article 11(5)

Annex VI, Part 6, point 2.4

Article 11(6)

Annex VI, Part 6, point 2.5

Article 11(7), first part of first sentence of first subparagraph

Annex VI, Part 6, first part of point 2.6

Article 11(7), second part of first sentence of first subparagraph

Annex VI, Part 6, point 2.6(a)

Article 11(7), second sentence of first subparagraph

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Article 11(7), second subparagraph

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Article 11(7), point (a)

Annex VI, Part 6, point 2.6(b)

Article 11(7), points (b) and (c)

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Article 11(7), point (d)

Annex VI, Part 6, point 2.6(c)

Article 11(7), points (e) and (f)

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Article 11(8), first subparagraph, points (a)and (b)

Annex VI, Part 3, point 1, first and second subparagraph

Article 11(8)(c)

Annex VI, Part 6, second part of point 2.7

Article 11(8)(d)

Annex VI, Part 4, point 2.1, second subparagraph

Article 11(8), second subparagraph

Annex VI, Part 6, third part of point 2.7

Article 11(9)

Article 42(4)

Article 11(10), points (a), (b) and (c)

Annex VI, Part 8, points (a), (b) and (c) of point 1.1

Article 11(10)(d)

Annex VI, Part 8, point (d) of point 1.1

Article 11(11)

Annex VI, Part 8, point 1.2

Article 11(12)

Annex VI, Part 8, point 1.3

Article 11(13)

Article 42(5), first subparagraph

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Article 42(5) second subparagraph

Article 11(14)

Annex VI, Part 6, point 3.1

Article 11(15)

Article 39(1), point (e)

Article 11(16)

Annex VI, Part 8, point 2

Article 11(17)

Article 9(2), point (a)

Article 12(1)

Article 49(1)

Article 12(2), first sentence

Article 49(2)

Article 12(2), second sentence

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Article 12(2), third sentence

Article 49(3)

Article 13(1)

Article 39 (1), point (f)

Article 13(2)

Article 41

Article 13(3)

Article 40(5)

Article 13(4)

Annex VI, Part 3, point 2

Article 14

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Article 15

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Article 16

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Article 17(2) and (3)

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Article 20

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Annex I

Annex VI, Part 2

Annex II, first part (without numbering)

Annex VI, Part 4, point 1

Annex II, point 1, introductory wording

Annex VI, Part 4, point 2.1

Annex II, points 1.1 – 1.2

Annex VI, Part 4, points 2.2 - 2.3

Annex II, point 1.3

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Annex II, point 2.1

Annex VI, Part 4, point 3.1

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Annex VI, Part 4, point 3.2

Annex II, point 2.2

Annex VI, Part 4, point 3.3

Annex II, point 3

Annex VI, Part 4, point 4

Annex III

Annex VI, Part 6, point 1

Annex IV, table

Annex VI, Part 5

Annex IV, final sentence

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Annex V, point (a), table

Annex VI, Part 3, point 1.1

Annex V, point (a), final sentences

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Annex V, point (b), table

Annex VI, Part 3, point 1.2

Annex V, point (b), final sentence

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Annex V, point (c)

Annex VI, Part 3, point 1.3

Annex V, point (d)

Annex VI, Part 3, point 1.4

Annex V, point (e)

Annex VI, Part 3, point 1.5

Annex V, point (f)

Annex VI, Part 3, point 3

Annex VI

Annex VI, Part 7

Article 1

Article 30

Article 2(2)

Annex V, Part 1, point 1 and Part 2, point 1

Article 2(3) second part

Annex V, Part 1, point 1 and Part 2, point 1

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Annex V, Part 1, last sentence of point 1

Article 2(4)

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Article 2(6)

Article 3(20)

Article 2(7), first subparagraph

Article 3(21)

Article 2(7), second subparagraph and points (a) to (i)

Article 30, second subparagraph

Article 2(7), second subparagraph, point (j)

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Article 2(7), third subparagraph

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Article 31(1)

Article 2(7), fourth subparagraph

Article 31(2)

Article 2(8)

Article 3(23)

Article 2(9)

Article 31(2)

Article 2 (10)

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Article 2(11)

Article 3(22)

Article 2(12)

Article 3(24)

Article 2(13)

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Article 3

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Article 4(1)

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Article 4(2)

Article 32(2)

Article 4(3) to (8)

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Article 5(1)

Annex V, Part 1, point 2, last sentence

Article 5(2)

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Article 6

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Article 7(1)

Article 33

Article 7(2)

Article 32(4)

Article 7(3)

Article 32(5)

Article 8(1)

Article 36(1)

Article 8(2), first part of first subparagraph

Article 36(2), first part of first subparagraph

Article 8(2), second part of first subparagraph

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Article 36(2), second part of first subparagraph

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Article 36(2), second subparagraph

Article 8(2), second subparagraph

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Article 8(2), points (a) to (d)

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Article 8(3) and (4)

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Article 9

Article 32(1)

Article 10(1), first sentence

Article 32(6)

Article 10(1), second sentence

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Article 10(2)

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Article 12

Article 34(1)

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Article 34(2), (3) and (4)

Article 13

Annex V, Part 3, third part of point 8

Article 14

Annex V, Part 4

Article 15

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Article 18(2)

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Annex I

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Annex II

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Annex III and IV

Annex V, point 2 of Part 1 and Part 2

Annex V A

Annex V, Part 1, point 3

Annex V B

Annex V, Part 2, point 3

Annex VI A

Annex V, Part 1, points 4 and 5

Annex VI B

Annex V, Part 2, points 4 and 5

Annex VII A

Annex V, Part 1, points 6 and 7

Annex VII B

Annex V, Part 2, points 6 and 7

Annex VIII A point 1

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Annex VIII A point 2

Annex V, Part 3, first part of point 1 and points 2, 3 and 5

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Annex V, Part 3, second part of point 1

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Annex V, Part 3, point 4

Annex VIII A point 3

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Annex VIII A point 4

Annex V, Part 3, point 6

Annex VIII A point 5

Annex V, Part 3, points 7 and 8

Annex VIII A point 6

Annex V, Part 3, points 9 and 10

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Annex V, Part 4

Annex VIII B

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Annex VIII C

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Annex IX

Annex IX

Annex X

Annex X

(1) OJ C 77, 28.3.2002, p. 1.
(2) Opinion of 14 January 2009.
(3) OJ C 325, 19.12.2008, p. 60.
(4) Position of the European Parliament of 10 March 2009.
(5) OJ L 54, 25.2.1978, p. 19. ║
(6) OJ L 378, 31.12.1982, p. 1. ║
(7) OJ L 409, 31.12.1992, p. 11.
(8) OJ L 257, 10.10.1996, p. 26. ║
(9) OJ L 85, 29.3.1999, p. 1. ║
(10) OJ L 332, 28.12.2000, p. 91.
(11) OJ L 309, 27.11.2001, p. 1. ║
(12) COM(2005)0446║.
(13) COM(2006)0231║.
(14) COM(2005)0666║.
(15) OJ L 242, 10.9.2002, p. 1.
(16) OJ L 275, 25.10.2003, p. 32. ║
(17) OJ L 175, 5.7.1985, p. 40. ║
(18) OJ L 10, 14.1.1997, p. 13. ║
(19) OJ 196, 16.8.1967, p. 1.
(20) OJ L 143, 30.4.2004, p. 56.
(21) Convention on access to information, public participation in decision-making and access to justice in environmental matters of 1998.
(22) OJ L 309, 27.11.2001, p. 22. ║
(23) OJ L 184, 17.7.1999, p. 23. ║
(24) OJ L 159, 29.6.1996, p. 1.
(25) OJ ║ L 117, 8.5.1990, p. 1.
(26) OJ L 106, 17.4.2001, p. 1.
(27) OJ L 200, 30.7.1999, p. 1
(28) OJ L 312, 22.11.2008, p. 3.
(29) Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3).
(30) OJ L 143, 30.4.2004, p. 87.
(31) OJ L 375, 31.12.1991, p. 1.
(32) OJ L 372, 27.12.2006, p. 19
(33) OJ L 328, 6.12.2008, p. 28.
(34) OJ L ....
(35)+ OJ: please insert number, date and publication reference.
(36) Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ L 114, 24.4.2001, p. 1).
(37) OJ L 41, 14.2.2003, p. 26.
(38) OJ L 273, 10.10.2002, p. 1.
(39) OJ L 74, 27.3.1993, p. 81.
(40) OJ L 30, 6.2.1993, p. 1.
(41) OJ L 396, 30.12.2006, p. 1.
(42)* 18 months after the date of entry into force of this Directive.
(43)** 3 years after the date of entry into force of this Directive.
(44)* 3 years after the date of entry into force of this Directive.
(45)** 54 months after the date of entry into force of this Directive.
(46) OJ L 135, 30.5.1991, p. 40.
(47) OJ L 181, 4.7.1986, p. 6.
(48) OJ L 327, 22.12.2000, p. 1.
(49) OJ L 263, 9.10.2007, p. 1.


Statute for a European private company *
PDF 652kWORD 285k
European Parliament legislative resolution of 10 March 2009 on the proposal for a Council regulation on the Statute for a European private company (COM(2008)0396 – C6-0283/2008 – 2008/0130(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0396),

–   having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0283/2008),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Economic and Monetary Affairs and the Committee on Employment and Social Affairs (A6-0044/2009),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

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

4.  Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

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

6.  Instructs its President to forward its position to the Council and the Commission.

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Recital 2 a (new)
(2a)  Existing Community forms of company have a cross-border component. That cross-border component should not be an obstacle for the founding of a European private company (SPE). The Commission and Member States should, however, without prejudice to the requirements of registration and within two years of registration, conduct ex-post monitoring in order to examine whether the SPE has the required cross-border component;
Amendment 2
Proposal for a regulation
Recital 3
(3)  Since a private company (hereinafter "SPE") which may be created throughout the Community is intended for small businesses, a legal form should be provided which is as uniform as possible throughout the Community and as many matters as possible should be left to the contractual freedom of shareholders, while a high level of legal certainty is ensured for shareholders, creditors, employees and third parties in general. Given that a high degree of flexibility and freedom is to be left to the shareholders to organise the internal affairs of the SPE, the private nature of the company should also be reflected by the fact that its shares may not be offered to the public or negotiated on the capital markets, including being admitted to trading or listed on regulated markets.
(3)  Sustainable and steady growth of the internal market requires a comprehensive body of business law tailored to the needs of small and medium-sized enterprises (SMEs). Since a private company which may be created throughout the Community is intended for small businesses, a legal form should be provided which is as uniform as possible throughout the Community and as many matters as possible should be left to the contractual freedom of shareholders, while a high level of legal certainty is ensured for shareholders, creditors, employees and third parties in general. Given that a high degree of flexibility and freedom is to be left to the shareholders to organise the internal affairs of the SPE, the private nature of the company should also be reflected by the fact that its shares may not be offered to the public or negotiated on the capital markets, including being admitted to trading or listed on regulated markets.
Amendment 3
Proposal for a regulation
Recital 4
(4)  In order to enable businesses to reap the full benefits of the internal market, the SPE should be able to have its registered office and principal place of business in different Member States and to transfer its registered office from one Member State to another, with or without also transferring its central administration or principal place of business.
(4)  In order to enable businesses to reap the full benefits of the internal market, the SPE should be able to have its registered office and principal place of business in different Member States and to transfer its registered office from one Member State to another, with or without also transferring its central administration or principal place of business. At the same time, however, steps should be taken to prevent the use of SPEs to circumvent legitimate legal requirements of Member States.
Amendment 4
Proposal for a regulation
Recital 8
(8)  In order to reduce the costs and administrative burdens associated with company registration, the formalities for the registration of the SPE should be limited to those requirements which are necessary to ensure legal certainty and the validity of the documents filed upon the creation of a SPE should be subject to a single verification, which may take place either before or after registration. For the purposes of registration, it is appropriate to use the registries designated by First Council Regulation 68/151/EEC of 9 March 1968 on the co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community.
(8)  In order to reduce the costs and administrative burdens associated with company registration, the formalities for the registration of the SPE should be limited to those requirements which are necessary to ensure legal certainty and the validity of the documents filed upon the creation of a SPE should be subject to a single preventive verification. For the purposes of registration, it is appropriate to use the registries designated by First Council Regulation 68/151/EEC of 9 March 1968 on the co-ordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Community.
Amendment 5
Proposal for a regulation
Recital 8 a (new)
(8a)  In line with the Council and Commission commitments to the concept of "e-justice", all forms pertinent to the formation and registration of an SPE should be available online. Furthermore, in order to reduce duplicate filing of documents, the Commission should maintain a central registry with electronic links to the discrete national registries of Member States.
Amendment 6
Proposal for a regulation
Recital 8 b (new)
(8b)  In order to ensure transparency and disclosure of accurate information about SPEs, the Commission should establish and coordinate a database for SPEs, available on the Internet, for the purpose of collecting, disclosing and disseminating information and particulars concerning their registration, registered office, centre of activity, branches and any transfers of their registered office, transformation, merger, division, or dissolution.
Amendment 7
Proposal for a regulation
Recital 11
(11)  The SPE should not be subject to a high mandatory capital requirement since this would be a barrier to the creation of SPEs. Creditors, however, should be protected from excessive distributions to shareholders which could affect the ability of the SPE to pay its debts. To this end, distributions that leave the SPE with liabilities exceeding the value of the assets of the SPE should be prohibited. Shareholders, however, should also be free to require the management body of the SPE to sign a solvency certificate.
(11)  The SPE should not be subject to a high mandatory capital requirement since this would be a barrier to the creation of SPEs. Creditors, however, should be protected from excessive distributions to shareholders which could affect the ability of the SPE to pay its debts. To this end, distributions that leave the SPE with liabilities exceeding the value of the assets of the SPE should be prohibited. Shareholders, however, should also be free to require the executive management body of the SPE to sign a solvency certificate.
Amendment 74
Proposal for a regulation
Recital 15
(15)  Employees" rights of participation should be governed by the legislation of the Member State in which the SPE has its registered office (the "home Member State"). The SPE should not be used for the purpose of circumventing such rights. Where the national legislation of the Member State to which the SPE transfers its registered office does not provide for at least the same level of employee participation as the home Member State, the participation of employees in the company following the transfer should in certain circumstances be negotiated. Should such negotiations fail, the provisions applying in the company before the transfer should continue to apply after the transfer.
(15)  Employees" rights of participation should be governed by the legislation of the Member State in which the SPE has its registered office (the "home Member State"). Where the law of the home Member State provides for participation rights, the entire workforce of the SPE should have the right to elect, appoint, recommend or oppose the appointment of a number of members of the administrative or supervisory organ of the SPE. The SPE should not be used for the purpose of circumventing employees' rights of participation. In particular, appropriate safeguards should be put in place so that the SPE Statute cannot be used by large companies as a way to circumvent existing obligations under national and Community law, without overburdening small and medium-sized enterprises wishing to form an SPE for genuine business reasons. Where a significant part of the workforce is habitually employed in a Member State or Member States with employee participation that is more extensive than the level of participation of the home Member State, the company should start negotiations with the employees on a uniform system of participation at the level of the SPE, in line with the provisions of Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European company with regard to the involvement of employees1. Tailored rules should, however, apply to SPEs formed ex nihilo and employing altogether fewer than 500 employees. Negotiations on employee participations should only be initiated where a dominant part of the workforce habitually works under a more favourable participation regime than that applying in the home Member State. The place where an employee is habitually employed should be understood as the Member State where he normally carries on his working activities, even if he is temporarily seconded to another place.
__________________________________
1 OJ L 294, 10.11.2001, p. 22.
Amendment 75
Proposal for a regulation
Recital 15 a (new)
(15a)  The rules on the possible negotiation of participation arrangements should not impair the dynamism of the SPE by being too rigid. Where the size and/or the deployment of the workforce of an SPE changes significantly, for example by reason of a major acquisition or transfer of activities between Member States, the existing participation arrangements should be adapted whilst respecting the will of the parties. If the existing participation arrangements do not permit the requisite adaptation to be carried out, the need for, and, where applicable, the content of, participation arrangements should be reassessed in the light of the rules applicable in the case of the formation of an SPE.
Amendment 76
Proposal for a regulation
Recital 15 b (new)
(15b)  Where the national legislation of the Member State to which the SPE transfers its registered office does not provide for at least the same level of employee participation as that applying in the home Member State, the participation of employees in the company following the transfer should in certain circumstances be negotiated. For reasons of consistency and to avoid creating loopholes, the rules concerning possible negotiations on participation rights in the event of transfer of the registered office should be the same as those applicable in the case of the formation of an SPE.
Amendment 9
Proposal for a regulation
Recital 16
(16)  Employees" rights other than rights of participation should remain subject to Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies, Council Directive 2001/23/EC of 12 March 2001 on the approximation of the law of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses and Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community.
(16)  Employees" rights should remain subject to Community law and its implementation in Member States, in particular Council Directive 94/45/EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies, Council Directive 2001/23/EC of 12 March 2001 on the approximation of the law of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses and Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community.
Amendment 77
Proposal for a regulation
Recital 17
(17)  The Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation, including infringements of the obligation to regulate in the articles of association of the SPE the matters prescribed by this Regulation, and should ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.
(17)  The Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation, including infringements of the obligation to regulate in the articles of association of the SPE the matters prescribed by this Regulation, and the rules applicable to employee participation, and should ensure that they are implemented. Those penalties must be effective, proportionate and dissuasive.
Amendment 10
Proposal for a regulation
Article 2 – paragraph 1 – point b
(b) 'distribution' means any financial benefit derived directly or indirectly from the SPE by a shareholder, in relation to the shares held by him, including any transfer of money or property, as well as the incurring of a debt;
(b) 'distribution' means any financial benefit derived directly or indirectly from the SPE by a shareholder, in relation to the shares held by him, including any transfer of money or property, as well as the incurring of a debt, that is not balanced by a full claim to compensation or reimbursement;
Amendment 12
Proposal for a regulation
Article 2 – paragraph 1 – point d
(d) 'management body' means one or more individual managing directors, the management board (dual board) or the administrative board (unitary board), designated in the articles of association of the SPE as being responsible for the management of the SPE;
(d) 'executive management body' means one or more individual managing directors, the management board (dual board) or the administrative board (unitary board), designated in the articles of association of the SPE as being responsible for the management of the SPE;
Amendment 13
Proposal for a regulation
Article 2 – paragraph 1 – point e
(e) 'supervisory body' means the supervisory board (dual board), designated in the articles of association of the SPE as being responsible for the supervision of the management body;
(e) 'supervisory body' means the supervisory board (dual board), when designated in the articles of association of the SPE as being responsible for the supervision of the management body;
Amendment 14
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
(ea) 'level of employee participation' means the proportion of employee representatives amongst the members of the administrative or supervisory body or their committees or of the management group which covers the profit units of the SPE;
Amendment 15
Proposal for a regulation
Article 3 – paragraph 1
1.  An SPE shall comply with the following requirements:
1.  An SPE shall be a corporate body possessing legal personality and shall comply with the following requirements:
(a) its capital shall be divided into shares,
(a) its capital must be divided into shares,
(b) a shareholder shall not be liable for more than the amount he has subscribed or agreed to subscribe,
(b) its shareholders must not be liable for more than the amount they have subscribed or have agreed to subscribe,
(c) it shall have legal personality,
(d) its shares shall not be offered to the public and shall not be publicly traded,
(d) its shares must not be made the subject of general public offers, and must not be publicly traded; this shall not, however, prohibit offers to employees,
(e) it may be formed by one or more natural persons and/or legal entities, hereinafter "founding shareholders".
(e) it may be formed by one or more natural persons and/or legal entities, hereinafter "founding shareholders",
Amendment 70
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
(ea) it shall have a cross-border component demonstrated by one of the following:
– a cross-border business intention or corporate object,
– an objective to be significantly active in more than one Member State,
– establishments in different Member States, or
– a parent company registered in another Member State.
Amendment 18
Proposal for a regulation
Article 7
An SPE shall have its registered office and its central administration or principal place of business in the Community.
An SPE shall have its registered office and its central administration or principal place of business in the Community.
An SPE shall not be under any obligation to have its central administration or principal place of business in the Member State in which it has its registered office.
An SPE shall not be under any obligation to have its central administration or principal place of business in the Member State in which it has its registered office. If the central administration or principal place of business is located in a Member State other than that in which it has its registered office, the SPE shall lodge in the register of the Member State where the central administration or principal place of business is located the particulars referred to in points (a), (b) and (c) of Article 10(2). The information recorded in the register shall be deemed to be accurate.
The lodging of documents in a European central register will fulfil the requirements for lodging documents in accordance with the second paragraph.
Amendment 19
Proposal for a regulation
Article 7 – paragraph 3 a (new)
The registered office shall be the address at which all legal documents relating to the SPE are to be served.
Amendments 20 and 79
Proposal for a regulation
Article 8 – paragraphs 2 and 3
2.  The articles of association of a SPE shall be in writing and signed by every founding shareholder.
2.  The articles of association of a SPE shall be in writing and signed by every founding shareholder. Further formalities may be prescribed by the existing applicable national law, unless the SPE uses official model articles of association.
3.  The articles of association and any amendments thereto may be relied upon as follows:
3.  The articles of association and any amendments thereto may be relied upon as follows:
(a) in relation to the shareholders and the management body of the SPE and its supervisory body, if any, from the date on which they are signed or, in the case of amendments, adopted;
(a) in relation to the shareholders and the executive management body of the SPE and its supervisory body, if any, from the date on which they are signed or, in the case of amendments, adopted;
(b) in relation to third parties, in accordance with the provisions of the applicable national law implementing paragraphs 5, 6 and 7 of Article 3 of Directive 68/151/EEC.
(b) in relation to third parties, in accordance with the provisions of the applicable national law implementing paragraphs 2, 5, 6 and 7 of Article 3 of Directive 68/151/EEC.
Amendment 21
Proposal for a regulation
Article 9 – paragraph 3 a (new)
3a.  A copy of each registration of an SPE and copies of all subsequent amendments thereto shall be sent by the respective national registers to a European register managed by the Commission and the competent national authorities and held in that European register. The Commission shall monitor the data entered in that register, particularly with a view to avoiding possible abuses and mistakes. If the SPE is unable to demonstrate that it complies with point (ea) of Article 3(1) within two years of registration, it shall be converted into the appropriate national legal form.
Amendment 22
Proposal for a regulation
Article 10
1.  Application for registration shall be made by the founding shareholders of the SPE or by any person authorised by them. Such application may be made by electronic means.
1.  Application for registration shall be made by the founding shareholders of the SPE or by any person authorised by them. Such application may be made by electronic means, in accordance with the provisions of the applicable national law implementing Article 3(2) of Directive 68/151/EEC.
2.  Member States shall not require any particulars and documents to be supplied upon application for the registration of a SPE other than the following:
2.  Member States shall not require any particulars or documents to be supplied upon application for the registration of a SPE other than the following:
(a) the name of the SPE and the address of its registered office;
(a) the name of the SPE and the address of its registered office;
(b) the names, addresses and any other information necessary to identify the persons who are authorised to represent the SPE in dealings with third parties and in legal proceedings, or take part in the administration, supervision or control of the SPE;
(b) the names, addresses and any other information necessary to identify the persons who are members of the executive management body, and those who are authorised to represent the SPE in dealings with third parties and in legal proceedings, or take part in the administration, supervision or control of the SPE;
(ba) the corporate object, including an explanation of the cross-border component of the business objective of the SPE, where appropriate;
(c) the share capital of the SPE;
(c) the share capital of the SPE;
(ca) the list of shareholders in accordance with Article 15;
(d) the share classes and the number of shares in each share class;
(d) the share classes and the number of shares in each share class;
(e) the total number of shares;
(e) the total number of shares;
(f) the nominal value or accountable par of the shares;
(f) the nominal value or accountable par of the shares;
(g) the articles of association of the SPE;
(g) the articles of association of the SPE;
(h) where the SPE was formed as a result of a transformation, merger or division of companies, the resolution on the transformation, merger or division that led to the creation of the SPE.
(h) where the SPE was formed as a result of a transformation, merger or division of companies, the resolution on the transformation, merger or division that led to the creation of the SPE.
3.  The documents and particulars referred to in paragraph 2 shall be provided in the language required by the applicable national law.
3.  The documents and particulars referred to in paragraph 2 shall be provided in the language required by the applicable national law.
4.  Registration of the SPE may be subject to only one of the following requirements:
4.  Registration of the SPE shall be subject to at least one of the following requirements:
(a) a control by an administrative or judicial body of the legality of the documents and particulars of the SPE;
(a) a control by an administrative or judicial body of the legality of the documents and particulars of the SPE;
(b) the certification of the documents and particulars of the SPE.
(b) the certification or legal authentication of the documents and particulars of the SPE.
5.  The SPE shall submit any change in the particulars or documents referred to in points (a) to (g) of paragraph 2 to the register within 14 calendar days of the day on which the change takes place. After every amendment to the articles of association, the SPE shall submit its complete text to the register as amended to date.
5.  The SPE shall submit any change in the particulars or documents referred to in points (a) to (g) of paragraph 2 to the register within 14 calendar days of the day on which the change takes place. After every amendment to the articles of association, the SPE shall submit its complete text to the register as amended to date. The second sentence of paragraph 1 and paragraph 4 shall apply mutatis mutandis.
6.  The registration of an SPE shall be disclosed.
6.  The registration of an SPE shall be disclosed.
Amendment 23
Proposal for a regulation
Article 11 – paragraph 2 – point b
(b) the name of the SPE, the address of its registered office and, where appropriate, the fact that the company is being wound up.
(b) the name of the SPE, the address of its registered office and, where appropriate, details of its central administration or principal place of business, the existence of any branches and the fact that the company is being wound up;
Amendment 24
Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
(ba) details of the members of the executive management body of the SPE.
Amendment 25
Proposal for a regulation
Article 15
1.  The management body of the SPE shall draw up a list of shareholders. The list shall contain at least the following:
1.  The executive management body of the SPE shall draw up a list of shareholders. The list shall contain at least the following:
(a) the name and address of each shareholder;
(a) the name of, and a postal address for, each shareholder;
(b) the number of shares held by the shareholder concerned, their nominal value or accountable par;
(b) the number of shares held by the shareholder concerned, their nominal value or accountable par;
(c) where a share is owned by more than one person, the names and addresses of the co-owners and of the common representative;
(c) where a share is owned by more than one person, the names and addresses of the co-owners and of the common representative;
(d) the date of acquisition of the shares;
(d) the date of acquisition of the shares;
(e) the amount of each consideration in cash, if any, paid or to be paid by the shareholder concerned;
(e) the amount of each consideration in cash, if any, paid or to be paid by the shareholder concerned;
(f) the value and nature of each consideration in kind, if any, provided or to be provided by the shareholder concerned;
(f) the value and nature of each consideration in kind, if any, provided or to be provided by the shareholder concerned;
(g) the date on which a shareholder ceases to be a member of the SPE.
(g) the date on which a shareholder ceases to be a member of the SPE.
2.  The list of shareholders shall, unless proven otherwise, constitute evidence of the authenticity of the matters listed in points (a) to (g) of paragraph 1.
2.  The list of shareholders registered in accordance with Article 10 shall, unless proven otherwise, constitute evidence of the accuracy of the matters listed in points (a) to (g) of paragraph 1.
3.  The list of shareholders and any amendments thereto shall be kept by the management body and may be inspected by the shareholders or third parties on request.
3.  The list of shareholders registered in accordance with Article 10 and any amendments thereto shall be kept by the executive management body and may be inspected by the shareholders or third parties on request.
Amendment 27
Proposal for a regulation
Article 16 – paragraph 3
3.  On notification of a transfer, the management body shall, without undue delay, enter the shareholder in the list referred to in Article 15, provided that the transfer has been executed in accordance with this Regulation and the articles of association of the SPE and the shareholder submits reasonable evidence as to his lawful ownership of the share.
3.  On notification by the shareholder of a transfer, the executive management body shall, without undue delay, enter the shareholder in the list referred to in Article 15 and registered in accordance with Article 10, provided that the transfer has been executed in accordance with this Regulation and the articles of association of the SPE and the shareholder submits reasonable evidence as to his lawful ownership of the share.
Amendment 28
Proposal for a regulation
Article 16 – paragraph 4 – point a
(a) in relation to the SPE, on the day the shareholder notifies the SPE of the transfer;
(a) in relation to the SPE, on the day the new shareholder notifies the SPE of the transfer;
Amendment 29
Proposal for a regulation
Article 16 – paragraph 4 – point b
(b) in relation to third parties, on the day the shareholder is entered in the list referred to in Article 15.
(b) in relation to third parties, on the day the shareholder is entered in the list referred to in Article 15 or his status as shareholder is published in the register in accordance with Article 9.
Amendment 30
Proposal for a regulation
Article 18 – paragraph 1
1.   A shareholder shall have the right to withdraw from the SPE if the activities of the SPE are being or have been conducted in a manner which causes serious harm to the interests of the shareholder as a result of one or more of the following events:
1.   The right of withdrawal shall be exercisable by shareholders who do not subscribe to resolutions concerning:
(a) the SPE has been deprived of a significant part of its assets;
(a) operations which deprive the SPE of a significant part of its assets;
(b) the registered office of the SPE has been transferred to another Member State;
(b) operations which bring about a substantial change in the activities of the SPE;
(c) the activities of the SPE have changed substantially;
(c) transferral of the registered office of the SPE to another Member State;
(d) no dividend has been distributed for at least 3 years even though the SPE's financial position would have permitted such distribution.
(d) non-distribution of dividends for at least three years, even though the SPE's financial position would have permitted such distribution.
The articles of association of the SPE may provide for additional grounds for withdrawal.
Amendment 31
Proposal for a regulation
Article 18 – paragraph 3
3.  The management body of the SPE shall, on receipt of the notice referred to in paragraph 2, without undue delay, request a resolution of the shareholders on the purchase of the shareholder's shares by the other shareholders or by the SPE itself.
3.  The executive management body of the SPE shall, on receipt of the notice referred to in paragraph 2, without undue delay, request a resolution of the shareholders on the purchase of the shareholder's shares by the other shareholders or by the SPE itself.
Amendment 32
Proposal for a regulation
Article 18 – paragraph 4
4.  Where the shareholders of the SPE fail to adopt a resolution referred to in paragraph 3 or do not accept the shareholder's reasons for withdrawal within 30 calendar days of the submission of the notice referred to in paragraph 2, the management body shall notify the shareholder of that fact without undue delay.
4.  Where the shareholders of the SPE fail to adopt a resolution referred to in paragraph 3 or do not accept the shareholder's reasons for withdrawal within 30 calendar days of the submission of the notice referred to in paragraph 2, the executive management body shall notify the shareholder of that fact without undue delay.
Amendment 33
Proposal for a regulation
Article 19 – paragraph 4
4.  The capital of the SPE shall be at least EUR 1.
4.  The capital of the SPE shall be at least EUR 1, provided that the articles of association require that the executive management body sign a solvency certificate as referred to in Article 21. Where the articles of association contain no provision to that effect, the capital of the SPE shall be at least EUR 8 000.
Amendment 34
Proposal for a regulation
Article 20 – paragraph 3
3.  Without prejudice to paragraphs 1 and 2, the liability of shareholders for the consideration paid or provided shall be governed by the applicable national law.
3.  Where the value of the consideration in kind falls short of the value of the share acquired, the shareholder shall pay a consideration in cash equal to the shortfall. The company's claim to payment shall lapse eight years after the company's registration.
Amendment 35
Proposal for a regulation
Article 21 – paragraph 1
1.  Without prejudice to Article 24, the SPE may, on the basis of a proposal of the management body, make a distribution to shareholders provided that, after the distribution, the assets of the SPE fully cover its liabilities. The SPE may not distribute those reserves that may not be distributed under its articles of association.
1.  Without prejudice to Article 24, the SPE may, on the basis of a proposal of the executive management body, make a distribution to shareholders provided that, after the distribution, the assets of the SPE fully cover its liabilities. The SPE may not distribute those reserves that may not be distributed under its articles of association. A distribution shall be permissible only where the remaining amount of the deposit does not fall below the minimum amount referred to in Article 19(4).
Amendment 36
Proposal for a regulation
Article 21 – paragraph 2
2.  If the articles of association so require, the management body of the SPE, in addition to complying with paragraph 1, shall sign a statement, hereinafter a 'solvency certificate', before a distribution is made, certifying that the SPE will be able to pay its debts as they become due in the normal course of business within one year of the date of the distribution. Shareholders shall be provided with the solvency certificate before the resolution on the distribution referred to in Article 27 is taken.
2.  If the articles of association so require, the executive management body of the SPE, in addition to complying with paragraph 1, shall sign a statement, hereinafter a 'solvency certificate', before a distribution is made, certifying that the SPE will be able to pay its debts as they become due in the normal course of business within one year of the date of the distribution. Shareholders shall be provided with the solvency certificate before the resolution on the distribution referred to in Article 27 is taken.
Amendment 37
Proposal for a regulation
Article 22
Any shareholder who has received distributions made contrary to Article 21 must return those distributions to the SPE, provided that the SPE proves that the shareholder knew or in view of the circumstances should have been aware of the irregularities.
Any shareholder who has received distributions made contrary to Article 21 must return those distributions to the SPE.
Amendment 38
Proposal for a regulation
Article 24 – paragraph 1
1.  In the case of a reduction of the share capital of the SPE, Articles 21 and 22 shall apply mutatis mutandis.
1.  In the case of a reduction of the share capital of the SPE, Articles 21 and 22 shall apply mutatis mutandis. A reduction of the share capital shall be permissible only where the remaining amount of the deposit does not fall below the minimum amount referred to in Article 19(4).
Amendment 39
Proposal for a regulation
Article 25 – paragraph 1
1.  An SPE shall be subject to the requirements of the applicable national law as regards preparation, filing, auditing and publication of accounts.
1.  An SPE shall be subject to the requirements of the applicable national law as regards preparation, filing, auditing and publication of statutory accounts.
Amendment 40
Proposal for a regulation
Article 25 – paragraph 2
2.  The management body shall keep the books of the SPE. The bookkeeping of the SPE shall be governed by the applicable national law.
2.  The executive management body shall keep the books of the SPE. The bookkeeping of the SPE shall be governed by the applicable national law.
Amendment 41
Proposal for a regulation
Article 26 – paragraph 1
1.  The SPE shall have a management body, which shall be responsible for the management of the SPE. The management body may exercise all the powers of the SPE not required by this Regulation or the articles of association to be exercised by the shareholders.
1.  The SPE shall have an executive management body, which shall be responsible for the management of the SPE. The executive management body may exercise all the powers of the SPE not required by this Regulation or the articles of association to be exercised by the shareholders. Members' resolutions shall be internally binding on the executive management body.
Amendment 42
Proposal for a regulation
Article 27 – paragraph 2
2.  Resolutions on the matters indicated in points (a), (b), (c), (i), (l), (m) (n), (o) and (p) of paragraph 1 shall be taken by a qualified majority.
2.  Resolutions on the matters indicated in points (a), (b), (c), (h), (i), (l), (m) (n), (o) and (p) of paragraph 1 shall be taken by a qualified majority.
Amendment 43
Proposal for a regulation
Article 27 – paragraph 3
3.  The adoption of resolutions shall not require the organisation of a general meeting. The management body shall provide all shareholders with the proposals for resolutions together with sufficient information to enable them to take an informed decision. Resolutions shall be recorded in writing. Copies of the decisions taken shall be sent to every shareholder.
3.  The adoption of resolutions shall not require the organisation of a general meeting. The executive management body shall provide all shareholders with the proposals for resolutions together with sufficient information to enable them to take an informed decision. Resolutions shall be recorded in writing. Copies of the decisions taken shall be sent to every shareholder.
Amendment 44
Proposal for a regulation
Article 27 – paragraph 4
4.  Resolutions of the shareholders shall comply with this Regulation and the articles of association of the SPE.
4.  Resolutions of the shareholders shall comply with this Regulation and the articles of association of the SPE.
The right of shareholders to challenge resolutions shall be governed by the applicable national law.
Resolutions of the shareholders may be declared ineffective on the grounds of an infringement of the provisions of the articles of association, of this Regulation or of the applicable law only by means of an action before the court that has jurisdiction in relation to the SPE's registered office.
An action may be brought within one month from the date of the resolution by any shareholder who did not vote in favour of the resolution, provided that the company does not remedy the deficiency in the resolution and the complainant does not give his or her subsequent agreement. The articles of association may allow a longer time for appeal.
Amendment 45
Proposal for a regulation
Article 27 – paragraph 7 – point (a)
(a) in relation to the shareholders, the management body of the SPE and its supervisory body, if any, on the date they are adopted,
(a) in relation to the shareholders, the executive management body of the SPE and its supervisory body, if any, on the date they are adopted,
Amendment 46
Proposal for a regulation
Article 28 – paragraph 1
1.  Shareholders shall have the right to be duly informed and to ask questions to the management body about resolutions, annual accounts and all other matters relating to the activities of the SPE.
1.  Shareholders shall have the right to be duly informed and to ask questions to the executive management body about resolutions, annual accounts and all other matters relating to the activities of the SPE.
Amendment 47
Proposal for a regulation
Article 28 – paragraph 2
2.  The management body may refuse to give access to the information only if doing so could cause serious harm to the business interests of the SPE.
2.  The executive management body may refuse to give access to the information only if doing so could cause serious harm to the business interests of the SPE.
Amendment 48
Proposal for a regulation
Article 29 – paragraph 1
1.  Shareholders holding 5% of the voting rights attached to the shares of the SPE shall have the right to request the management body to submit a proposal for a resolution to the shareholders.
1.  Shareholders holding 5% of the voting rights attached to the shares of the SPE shall have the right to request the executive management body to submit a proposal for a resolution to the shareholders.
Amendment 49
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
If the request is refused or if the management body does not submit a proposal within 14 calendar days of receiving the request, the shareholders concerned may then submit a proposal for a resolution to the shareholders regarding the matters in question.
If the request is refused or if the executive management body does not submit a proposal within 14 calendar days of receiving the request, the shareholders concerned may then submit a proposal for a resolution to the shareholders regarding the matters in question.
Amendment 50
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 2
The expert shall be allowed access to the documents and records of the SPE and to require information from the management body.
The expert shall be allowed access to the documents and records of the SPE and to require information from the executive management body.
Amendment 51
Proposal for a regulation
Article 31 – paragraph 4
4.  A director of the SPE shall be liable to the company for any act or omission in breach of his duties deriving from this Regulation, the articles of association of the SPE or a resolution of shareholders which causes loss or damage to the SPE. Where such breach has been committed by more than one director, all directors concerned shall be jointly and severally liable.
4.   The directors shall be jointly and severally liable in respect of the company for any prejudice to the SPE deriving from a failure to fulfil the duties incumbent on them under this Regulation, the articles of association of the SPE or a resolution of shareholders. Such liability shall not extend to directors who are able to demonstrate their blamelessness and who made known their disagreement with the failure to fulfil duties.
Amendment 52
Proposal for a regulation
Article 31 – paragraph 5
5.  Without prejudice to the provisions of this Regulation, the liability of directors shall be governed by the applicable national law.
5.  Directors shall pay compensation in particular where payments have been made in breach of Article 21 or own shares in the company have been acquired in breach of Article 23(2). A requirement on the part of the directors to compensate the company's creditors shall not be waived on the grounds that they acted in accordance with a resolution of the shareholders.
Amendment 53
Proposal for a regulation
Article 31 – paragraph 5 a (new)
5a.  Any right of action pursuant to this Article shall lapse within four years of the date when it arose.
Amendment 54
Proposal for a regulation
Article 33
1.  The SPE shall be represented in relation to third parties by one or more directors. Acts undertaken by the directors shall be binding on the SPE even if they are not within the objects of the SPE.
1.  The SPE shall be represented in relation to third parties by one or more members of the executive management body. Acts undertaken by the members of the executive management body shall be binding on the SPE even if they are not within the objects of the SPE.
2.  The articles of association of the SPE may provide that directors are to exercise jointly the general power of representation. Any other limitation of the powers of the directors, following from the articles of association, a resolution of shareholders or a decision of the management or supervisory body, if any, may not be relied on against third parties even if they have been disclosed.
2.  The articles of association of the SPE may provide that members of the executive management body are to exercise jointly the general power of representation. Any other limitation of the powers of the directors, following from the articles of association, a resolution of shareholders or a decision of the management or supervisory body, if any, may not be relied on against third parties even if they have been disclosed.
3.  Directors may delegate the right to represent the SPE in accordance with the articles of association.
3.  Members of the executive management body may delegate the right to represent the SPE in accordance with the articles of association.
Amendment 71
Proposal for a regulation
Article 34 – paragraph 1
1.  The SPE shall be subject to the rules on employee participation, if any, applicable in the Member State in which it has its registered office, subject to the provisions of this Article.
1.  The SPE shall be subject to the rules on employee participation, if any, applicable in the Member State in which it has its registered office, subject to the provisions of this Article. Those rules, if any, shall apply to the entire workforce of the SPE.
1a.  Paragraph 1 shall not apply where:
(a) the SPE employs altogether more than 1 000 employees and more than one quarter (25 %) of the total workforce habitually works in a Member State or Member States which provide for a greater level of employee participation than the Member State in which the SPE has its registered office. In that event, the provisions on employee participation of Directive 2001/86/EC shall apply mutatis mutandis. In addition, the SPE may also apply Article 16(4) of Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies1;
(b) the SPE employs altogether between 500 and 1 000 employees and more than one third (33⅓ %) of the total workforce habitually works in a Member State or Member States which provide for a greater level of employee participation than the Member State in which the SPE has its registered office. In that event, the provisions on employee participation of Directive 2001/86/EC and of Article 16(3)(e), (4) and (5) of Directive 2005/56/EC shall apply mutatis mutandis;
(c) the SPE has been founded pursuant to point (b), (c) or (d) of Article 5(1) and employs altogether fewer than 500 employees, and more than one third (33⅓ %) of the total workforce habitually works in a Member State or Member States which provide for a greater level of employee participation than the Member State in which the SPE has its registered office. In that event, the provisions on employee participation of Directive 2001/86/EC and of Article 16(3)(e), (4) and (5) of Directive 2005/56/EC shall apply mutatis mutandis;
(d) the SPE has been founded pursuant to point (a) of Article 5(1) and employs altogether fewer than 500 employees, and more than half (50 %) of the total workforce habitually works in a Member State or Member States which provide for a greater level of employee participation than the Member State in which the SPE has its registered office. In that event, the provisions on employee participation of Directive 2001/86/EC and of Article 16(3)(e), (4) and (5) of Directive 2005/56/EC shall apply mutatis mutandis.
__________________________________
1 OJ L 310, 25.11.2005, p. 1.
Amendment 72
Proposal for a regulation
Article 34 a (new)
Article 34a
Adaptation clause
In the absence of provisions on employee participation, Article 34(1a) shall apply if, due to changes in the number of employees, the conditions laid down therein are fulfilled.
If the conditions laid down in Article 34(1a) cease to be fulfilled, the management board of the SPE may apply Article 34(1).
Existing participation arrangements, if any, shall remain in place until the new arrangements enter into force.
Amendment 56
Proposal for a regulation
Article 36 – paragraph 1 – introduction
1.  The management body of an SPE planning a transfer shall draw up a transfer proposal, which shall include at least the following particulars:
1.  The executive management body of an SPE planning a transfer shall draw up a transfer proposal, which shall include at least the following particulars:
Amendment 57
Proposal for a regulation
Article 36 – paragraph 2 – introduction
2.  At least one month before the resolution of the shareholders referred to in paragraph 4 is taken, the management body of the SPE shall:
2.  At least one month before the resolution of the shareholders referred to in paragraph 4 is taken, the executive management body of the SPE shall:
Amendment 58
Proposal for a regulation
Article 36 – paragraph 3
3.  The management body of the SPE shall draw up a report to the shareholders explaining and justifying the legal and economic aspects of the proposed transfer and setting out the implications of the transfer for shareholders, creditors and employees. The report shall be submitted to the shareholders and the employee representatives, or where there are no such representatives, to the employees themselves together with the transfer proposal.
3.  The executive management body of the SPE shall draw up a report to the shareholders explaining and justifying the legal and economic aspects of the proposed transfer and setting out the implications of the transfer for shareholders, creditors and employees. The report shall be submitted to the shareholders and the employee representatives, or where there are no such representatives, to the employees themselves together with the transfer proposal.
Amendment 59
Proposal for a regulation
Article 36 – paragraph 3 – subparagraph 2
Where the management body receives in time the opinion of the employee representatives on the transfer, that opinion shall be submitted to the shareholders.
Where the executive management body receives in time the opinion of the employee representatives on the transfer, that opinion shall be submitted to the shareholders.
Amendment 73
Proposal for a regulation
Article 38
1.  The SPE shall be subject, as from the date of registration, to the rules in force in the host Member State, if any, concerning arrangements for the participation of employees.
1.  The SPE shall be subject, as from the date of registration, to the rules in force in the host Member State, if any, concerning arrangements for the participation of employees.
2.  Paragraph 1 shall not apply where the employees of the SPE in the home Member State account for at least one third of the total number of employees of the SPE including subsidiaries or branches of the SPE in any Member State, and where one of the following conditions is met:
2.  Paragraph 1 shall not apply where the conditions laid down in Article 34(1a) are fulfilled. In that event, Article 34(1a) shall apply mutatis mutandis.
(a) the legislation of the host Member State does not provide for at least the same level of participation as that operated in the SPE in the home Member State prior to its registration in the host Member State. The level of employee participation shall be measured by reference to the proportion of employee representatives amongst the members of the administrative or supervisory body or their committees or of the management group which covers the profit units of the SPE, subject to employee representation;
(b) the legislation of the host Member State does not confer on the employees of establishments of the SPE that are situated in other Member States the same entitlement to exercise participation rights as such employees enjoyed before the transfer.
3.  Where one of the conditions set out in points (a) or (b) of paragraph 2 is met, the management body of the SPE shall take the necessary steps, as soon as possible, after disclosure of the transfer proposal, to start negotiations with the representatives of the SPE's employees with a view to reaching an agreement on arrangements for the participation of the employees.
4.  The agreement between the management body of the SPE and the representatives of the employees shall specify:
(a) the scope of the agreement;
(b) where, during the negotiations, the parties decide to establish arrangements for participation in the SPE following the transfer, the substance of those arrangements including, where applicable, the number of members in the company's administrative or supervisory body employees will be entitled to elect, appoint, recommend or oppose, the procedures as to how these members may be elected, appointed, recommended or opposed by employees, and their rights;
(c) the date of entry into force of the agreement and its duration, and any cases in which the agreement should be renegotiated and the procedure for its renegotiation.
5.  Negotiations shall be limited to a period of six months. The parties may agree to extend negotiations beyond this period for an additional six-month period. The negotiations shall otherwise be governed by the law of the home Member State.
6.  In the absence of an agreement, the participation arrangements existing in the home Member State shall be maintained.
Amendment 60
Proposal for a regulation
Article 42 – paragraph 1
1.  Member States in which the third phase of the economic and monetary union (EMU) does not apply may require SPEs having their registered office in their territory to express their capital in the national currency. An SPE may also express its capital in euro. The national currency/euro conversion rate shall be as on the last day of the month preceding the registration of the SPE.
1.  Member States in which the third phase of the economic and monetary union (EMU) does not apply may require SPEs having their registered office in their territory to express their capital in the national currency. Such SPEs shall, in addition, express their capital in euro. The national currency/euro conversion rate shall be as on the last day of the month preceding the registration of the SPE.
Amendment 61
Proposal for a regulation
Article 42 – paragraph 2
2.  An SPE may prepare and publish its annual and, where applicable, consolidated accounts in euro in Member States where the third phase of the economic and monetary union (EMU) does not apply. However such Member States may also require SPEs to prepare and publish their annual and, where applicable, consolidated accounts in the national currency in accordance with the applicable national law.
2.  An SPE shall prepare and publish its annual and, where applicable, consolidated accounts both in the national currency and in euro in Member States where the third phase of the economic and monetary union (EMU) does not apply.
Amendment 62
Proposal for a regulation
Article 42 a (new)
Article 42a
Arbitration clause
1.  The articles of association may, in the form of an arbitration clause, provide for the referral to arbitrators of any disputes arising between shareholders, or between shareholders and the SPE, concerning its corporate relations. The articles of association may also provide that the arbitration clause cover disputes with the directors. In that case, the arbitration clause shall be binding on the directors upon their acceptance of the post.
2.  Any amendment of the constituent act, introducing or removing the arbitration clause by a resolution of the shareholders under Article 27 must be approved by shareholders representing at least two-thirds of the share capital.
Amendment 63
Proposal for a regulation
Article 43 a (new)
Article 43a
Severability clause
Any clause of the articles of association that is ineffective shall be severable and the remaining clauses of the articles of association shall continue to be effective. The ineffective clause shall be replaced by the corresponding clause of the model articles of association until they have been corrected by a resolution of the shareholders. Where the sample articles of association make no provision for a corresponding clause, the ineffective clause shall be replaced by the law relating to limited-liability companies of the Member State in which the registered office of the SPE is situated.
Amendment 64
Proposal for a regulation
Article 45
Member States shall notify the form of private limited-liability company referred to in the second paragraph of Article 4 to the Commission by 1 July 2010 at the latest.
Member States shall notify the Commission by 1 July 2010 of the form of private limited-liability companies referred to in the second paragraph of Article 4, of the consequences under their national law of failure to comply with any provisions of this Regulation, and of any additional provisions of their company law which apply to an SPE.
The Commission shall publish this information in the Official Journal of the European Union.
The Commission shall publish this information in the Official Journal of the European Union.
Furthermore, Member States shall maintain web pages listing SPEs registered in their territory and any court judgments relating to the operation of SPEs in their territory. The Commission shall maintain a web page which provides an electronic link to those discrete national web pages.
Amendment 65
Proposal for a regulation
Annex I – Chapter IV – Capital – indent 7
– whether the management body is required to sign a solvency certificate before a distribution is made, and the applicable requirements,
– whether the executive management body is required to sign a solvency certificate before a distribution is made, and the applicable requirements,
Amendment 66
Proposal for a regulation
Annex I – Chapter V – Organisation of the SPE – indent 10
– whether the SPE's management body is composed of one or more managing directors, a management board (dual board) or an administrative board (unitary board),
– whether the SPE's executive management body is composed of one or more managing directors, a management board (dual board) or an administrative board (unitary board),
Amendment 67
Proposal for a regulation
Annex I – Chapter V – Organisation of the SPE – indent 13
– where there is a management board (dual board) or one or more managing directors, whether the SPE has a supervisory body, and if so, its composition and organisation and its relationship with the management body,
– where there is a management board (dual board) or one or more managing directors, whether the SPE has a supervisory body, and if so, its composition and organisation and its relationship with the executive management body,
Amendment 68
Proposal for a regulation
Annex I – Chapter V – Organisation of the SPE – indent 20
– the rules on representation of the SPE by the management body, in particular if the directors have the right to represent the SPE jointly or separately and any delegation of this right,
– the rules on representation of the SPE by the executive management body, in particular if the directors have the right to represent the SPE jointly or separately and any delegation of this right,
Amendment 69
Proposal for a regulation
Annex I – Chapter V – Organisation of the SPE – indent 21
– the rules on delegation of any management power to another person.
– the rules on delegation of any executive management power to another person.

Guidelines for the 2010 budget procedure – Section III
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European Parliament resolution of 10 March 2009 on the guidelines for the 2010 budget procedure, Section III – Commission (2009/2005(BUD))
P6_TA(2009)0095A6-0111/2009

The European Parliament,

–   having regard to the general budget of the European Union for the financial year 2009,

–   having regard to the Commission's updated financial programming 2007-2013, as submitted on 30 January 2009 in accordance with Point 46 of the Interinstitutional Agreement (IIA) of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(1),

–   having regard to the Commission Communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on its Annual Policy Strategy for 2010 (COM(2009) 0073) and, in particular, Part II thereof,

–   having regard to the aforementioned IIA of 17 May 2006,

–   having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

–   having regard to Rule 112(1) of its Rules of Procedure,

–   having regard to the report of the Committee on Budgets (A6-0111/2009),

A.   whereas 2010 will bring a mid-term evaluation of many multiannual programmes,

B.   whereas both the European Parliament and the European Commission will be newly constituted by the end of 2009,

Budgetary overview

1.  Notes that the Multiannual Financial Framework (MFF) for 2007-2013 sets out a challenging amount of budgetary resources for 2010, namely EUR 139 489 000 000 in commitments, which represents 1,02% of EU GNI, and EUR 133 505 000 000 in payments, which constitutes 0,97% of EU GNI (in current prices), and recalls that the next adjustment of the MFF will take place in April 2009, just before the publication of the PDB 2010;

2.  Takes into account that the amounts set out in the MFF for each heading are the maximum amounts of expenditure and constitute the frame for annual budgets; wishes to see the final budget closer to these upper limits, which might help to finance numerous aims of vital importance of the European Union without jeopardising current policies and programmes; notes that some community programmes are still under-financed; states that the Union needs more ambitious financial and budgetary decisions to allow it to assume its role mainly in the area of economic growth and jobs and in the external policy area where the resources are scarce;

3.  Emphasises that Parliament will use all the means available under the IIA of 17 May 2006, including the use of the legislative flexibility of 5% (Point 37 of that IIA) over the MFF period 2007-2013 in order to see its political priorities carried through;

4.  Also notes that weak implementation of annual budgets leads to an even lower executed budget, mainly due to the system of complicated rules and requirements imposed by both the Commission and/or Member States and to the weak implementation capacity of Member States, which results in a substantial amount of RALs (restes à liquider); urges the Commission and the Member States to facilitate implementation by reducing self-imposed bureaucratic burdens and simplifying the management systems where possible, notably of the Structural Funds;

5.  Underlines the importance of good interinstitutional cooperation in the context of which the Commission provides the budgetary authority with all necessary background information;

6.  Considers a clear and comprehensive presentation of the Union's budget to be necessary; intends to follow up closely the financial programming to allow the appropriate budgetary decisions to be taken; welcomes the Commission's improved presentation of its financial programming documents; wishes the modifications that the Commission has made to its financial programming, however, to appear more distinctively and clearly; calls for further clarification in the allocation between operational and administrative expenditure; notes that an already substantial amount of what is, in reality, administrative expenditure is financed from operational allocations;

7.  Asks the Commission, in its preparation for the preliminary draft budget (PDB) for 2010, to produce clear, consistent and sound activity statements for each policy area in order to enable all relevant committees of Parliament to thoroughly scrutinise the implementation of the various EU programmes and policies; in that respect, expects to see the appropriate evolution and implementation of the major budgetary decisions previously undertaken such as Galileo, EIT and food aid;

8.  Points out the importance of the principle of "sound budgeting"; asks the Commission to prepare a PDB that addresses the current challenges and provides for a sustainable budget for the ongoing policies; is particularly concerned about the budgetary needs for 2010 in Headings 1a and 4 of the MFF; wishes to underline that the Flexibility Instrument is intended to finance unforeseen political challenges and is only one of the tools enabling additional funding;

9.  Welcomes the setting-up of an inter-institutional working group on decentralised agencies; reiterates the fact that the financial resources to create new agencies is very limited due to the current margins under each heading, and reminds the Commission and the Council of the need to respect point 47 of the IIA of 17 May 2006; reminds the Commission of the need to take into account assigned revenues when establishing the PDB 2010 for existing decentralised agencies; insists that those agencies depending to a large extent on revenues generated by fees must still be able to use this instrument in its entirety to give them the needed budgetary flexibility;

10.  Supports the different assistance instruments under Heading 4; recalls that a constant preoccupation of the Parliament is that Heading 4 of the MFF suffers from serious under-funding; points out that if the Union is to live up to its promises and its ambitions as a global player, it must ensure that the needs of developing countries are fully reflected in the strategic choices of financing mechanisms in the area of development cooperation;

11.  Recalls the procedure laid down in Point 23 of the IIA of 17 May 2006; recalls, nevertheless, that there have already been several changes reducing the margins available and that it is therefore difficult to finance new measures without fresh money; favours finding long-term solutions which would make the EU budget sufficient to meet all needs instead of shifting appropriations between headings; underlines that margins available under each heading of the MFF (especially Heading 2) cannot be taken for granted, due to changing economic conditions; considers it more appropriate to address directly the category of expenditure that is insufficient in order to avoid hindering other areas of expenditure; considers that in the absence of flexibility within and across headings, a revision of the MFF reflects most budgetary principles; regrets that in the current context, the Council has not taken a constructive approach for using the existing flexibility mechanisms; considers that the mid-term review of the MFF should also address the chronic under-funding of certain categories of expenditure;

12.  Expresses its readiness to take into account the outcomes of the mid-term review covering all aspects of EU spending and resources, including the UK rebate, the Commission report on the functioning of the IIA by the end of 2009 foreseen by the IIA of 17 May 2006 as well as the mid-term evaluation of the on-going multiannual programmes;

Acting to face the challenges

13.  Recalls that enormous challenges should be met in the EU budget 2010; points out that the key objective is to put European citizens first and provide them with greater safety, which requires special attention to be given to: the recent financial and economic crisis and its impact on growth and competitiveness, jobs and cohesion, better and simpler implementation of structural funds; enhancing energy supply and transport safety; as well as internal security, particularly the fight against terrorism; immigration, demographic challenges, and also the matter of climate change and environmental protection, social cohesion, security of its citizens, and the strengthening of the role of the Union in the world;

14.  Calls on the Commission to take into account the abovementioned circumstances when deciding on the PDB; expects the Commission to present solid and useful proposals to allow a meaningful budgetary discussion within the budgetary authority;

15.  Welcomes the Commission's intention to contribute to economic and social recovery, reinforce energy efficiency and combat climate change and continue the delivery of aid in particular to Kosovo, the Middle East, Afghanistan and Georgia as expressed in the Annual Policy Strategy for 2010; expects the Commission, having identified some of the major priorities, to reflect them in PDB, and to provide sufficient financial resources;

Responding to the global financial and economic crisis

16.  Emphasises that, in a time of global financial and economic crisis, Member States have responded with their individual aid measures; strongly believes that the Union has to react rapidly with additional and coordinated measures that have a direct impact on the economy and has to support the Member States with accompanying actions, particularly those stimulating economic growth, as this would result in encouraging investments by the private sector and therefore help to overcome the danger of job losses, to promote job creation and to support SMEs in the short and longer term;

17.  Stresses that the current context of economic crisis could be seen as an opportunity to increase investments in green technologies, which may require modifications to current financial programmes;

18.  Welcomes the intention of the Commission to respond to the economic crisis and reiterates its willingness to negotiate with Council the appropriate budgetary solution as soon as possible; believes that the decision on the projects to be financially supported would be facilitated by a geographically balanced proposal; calls on the Council to assume its responsibility and make the European dimension of the recovery plan a reality;

19.  Is worried that SMEs in particular will suffer from the economic crisis and will be cut off from urgently needed financing; therefore emphasises the importance of strengthening EU funds supporting SMEs, particularly those working in the area of research, development and innovation; points out, in this context, that the Competitiveness and Innovation Framework Programme (CIP) can provide effective support for their innovation activities;

20.  Is concerned that the current margin under Heading 1a, estimated at EUR 111 599 000, does not allow the effects of the economic crisis to be appropriately addressed;

21.  Considers that the tremendous opportunities of information and communication technologies (ICTs) foster growth and innovation, thereby contributing to achieving the goals of the Lisbon strategy and to overcoming the current economic crises; recalls that the European Research Area is more than ever a cornerstone for a European knowledge society and also recalls the need to overcome the fragmentation of research activities, programmes and policies across Europe; in this context, points out the importance of granting adequate funding to assure the proper implementation of these projects;

22.  Calls for a rapid agreement on the proposal to amend the current European Globalisation Adjustment Fund Regulation in order to better address the consequences of relocations, decreasing production and job losses and to help workers to return to the labour market;

Providing Energy and Transport Security

23.  Recognises that, as a result of the recent energy crisis, there is an enormous need for projects which bring energy security to the Union through diversification of resources and interconnection of energy markets; stresses that the Union's security of energy supply as well as the principle of energy solidarity are top priorities on the EU agenda and must also be appropriately reflected in the EU budget; sees the increased energy investment also as a tool for fighting the economic crisis and favours the idea of advancing EU budget expenditure on key energy infrastructure projects;

24.  Points out that the recent gas crisis and the volatility of oil prices have shown again the vulnerability of the European energy supply system; underlines that the lack of alternative (renewable) energy sources, alternative energy transport routes, energy source storage capacity and energy transport interconnections among Member States is detrimental to the energy independence of Europe and the well-being of its people; therefore the Union should be better prepared for times of energy shortage;

25.  Wishes to explore the possibilities of further EU financing in those areas; expects the Commission to propose strong actions in support of the realisation of diversified gas transport routes, including the Nabucco project; points out, in this context, the role of the European Investment Bank, in bringing about leverage effects and in helping mobilise private sector participation, bearing in mind, however, the issue of democratic accountability;

26.  Recognises that transport, especially the TEN-T programme, was always a high priority for Parliament; stresses the importance of developing the necessary rail, sea and road transport infrastructure and wishes to accelerate the implementation of projects in 2010; notes the importance that the Union attaches to reducing the impact of climate change and is of the opinion that priority should be given to proposals that can exploit the energy-saving potential;

Environmental protection and combating climate change

27.  Recalls that combating climate change is also connected to energy security and that promoting energy efficiency and energy savings, increasing the share of renewable energy are also tools of higher energy supply security;

28.  Points out that climate change has a widely recognised impact on Europe's environment, economy and society; in this context, reiterates its conviction that measures to mitigate climate change are still not satisfactorily included in the EU budget, since significant additional EU resources for energy efficiency and renewable energy technologies are needed and should be deployed to help to meet the Union's 2020 targets; stresses that it will support all efforts to increase and concentrate adequate financial resources to mitigate the consequences of climate change; reminds the Commission that the budget authority voted for the 2009 budget in favour of extra funding in order to boost the fight against climate change; calls on the Commission to implement this increase; recalls its resolution of 23 October 2008 on the draft general budget of the European Union for the financial year 2009(2) which invites the Commission to present, by 15 March 2009, an ambitious plan for an adequate increase of climate change funds which considers the establishment of a specific "climate change fund" or the creation of a dedicated budget line which would improve the budget capability to deal with these issues;

29.  Encourages the Commission to increase, from 2009 onward, financial support to an appropriate level for new sustainable energy (meaning in particular zero-carbon) technologies;

30.  Recalls the responsibility towards future generations to take cost-effective steps to maintain environmental protection; reiterates that EU action needs to be taken in a global context, and therefore regrets the fact that European actions are not followed by actions of other actors, which has serious effects on the competitiveness of the Union;

31.  Recalls its resolution of 20 November 2008 on the European space policy(3) and reiterates its position that the Council and Commission should submit specific recommendations and proposals in this policy area accompanied by appropriate funding;

Reinforcing internal security

32.  Recalls that the funding for issues such as border protection, civil protection, the fight against terrorism are to be maintained and should be reinforced in 2010, because these policies directly address the concerns of European citizens; notes that promoting food safety also remains a priority; regrets that, according to the financial programming of January 2009, the funding for these issues is increased in Heading 3a moderately and remains almost unchanged for citizenship, Heading 3b according to the 2010 APS compared to the 2009 budget, although they address significant concerns of European citizens;

33.  Considers that special attention should be given to border protection in connection with the problem of illegal immigration and that the efforts of Member States should be supported by the Union;

Improving the quality of spending

34.  Insists that improving implementation and the quality of spending should constitute a guiding principle for achieving the best outcomes of the EU budget; calls on the Commission and the Member States to gear their efforts in this direction and monitor closely the implementation of policies, and particularly of Heading 1B on structural policies;

35.  Requests the Commission to keep the budgetary authority informed and to reflect on appropriate actions that would boost implementation; wishes to continue reflection in line with the joint declaration of 21 November 2008 on acceleration of the implementation of the structural and cohesion funds; wishes to expand the acceleration of implementation to other policy areas too;

36.  Expects the Commission to present a proposal for the next regular revision of the Financial Regulation, including real proposals for simplification; expects the Commission to put pressure on the Council to develop and improve the working conditions in OLAF's fight against fraud with regard to the proposals made by Parliament in connection with Regulation (EC) No 1073/1999;

37.  Requests the Commission via its responsible services, including OLAF, to support Bulgaria and Romania in their efforts with respect to the verification and cooperation mechanism and the management of EU funds; calls on the Commission to follow closely the developments in Kosovo and the Balkan states with regard to the implementation and proper management of EU funds and to establish a successor organisation for the ITF to follow up the fight against fraud and irregularity;

38.  Wishes to see administrative expenditure at more efficient levels compared to operational expenditure; believes the effectiveness of the EU's public administration is essential in achieving the best use of the EU budget; has in the previous budget year reduced administrative expenditure compared to operational expenditure and invites the Commission to continue in this direction;

39.  Notes with concern that an increasing number of staff employed by the European Union are neither visible in the institutions' establishment plans, as adopted by the budgetary authority, nor financed under Heading 5 of the MFF; is determined to continue the screening exercise concerning Commission staff and the balanced representation of the Member States; will also monitor closely the Commission's building policy in Brussels;

Safeguarding the EP's prerogatives

40.  Underlines that pilot projects and preparatory actions provide the Parliament with the possibility of paving the way for new policies and activities that enrich the Union's actions; stresses that, even though the limited margins jeopardise the full use of this tool as provided for in the IIA of 17 May 2006, it intends to use the full amounts set aside for pilot projects and preparatory actions, in Annex II, Part D to the IIA of 17 May 2006, should the proposals so require;

41.  Recalls the incontrovertibly positive performance, both in participation and implementation terms, of the different Erasmus pilot projects launched by Parliament over the past years (Erasmus apprentices, Erasmus young entrepreneurs, Erasmus secondary school, Erasmus public administration) as well as of the traditional Erasmus programme; confirms the need for the Union to further invest in this field; believes that a substantial increase of the global financial envelope allocated to all Erasmus lines is needed in order to considerably raise (up to 1 000 000 per year) the number of young people participating in the "European Erasmus policy"; is convinced that this measure is essential to respond correctly to the difficulties that Europe is encountering in its integration process as well as to help resolve the current economic crisis;

42.  Draws attention to the need for sufficient funding to be made available for communication policy, notably that it be in alignment with the objectives set out in the common Declaration on Communicating Europe in Partnership adopted by Parliament, the Council and the Commission in October 2008;

43.  Stresses that it has made efforts to adopt its guidelines for the 2010 budget at an early stage; therefore expects the Commission to take them on board in the preparation of the PDB;

o
o   o

44.  Instructs its President to forward this resolution to the Council, the Commission and the Court of Auditors.

(1) OJ C 139, 14.6.2006, p. 1.
(2) Texts Adopted, P6_TA(2008)0515.
(3) Texts Adopted, P6_TA(2008)0564.


Guidelines for the 2010 budget procedure – Sections I, II and IV to IX
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European Parliament resolution of 10 March 2009 on the guidelines for the 2010 budget procedure, Section I – European Parliament, Section II – Council, Section IV – Court of Justice, Section V – Court of Auditors, Section VI – European Economic and Social Committee, Section VII – Committee of the Regions, Section VIII – European Ombudsman, Section IX – European Data Protection Supervisor (2009/2004(BUD))
P6_TA(2009)0096A6-0057/2009

The European Parliament,

-   having regard to Article 272 of the EC Treaty,

-   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(1),

-   having regard to Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources(2),

-   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(3),

-   having regard to the fifth report by the Secretaries-General of the institutions on trends in heading 5 of the financial perspective of May 2006,

-   having regard to the Annual Report of the Court of Auditors on the implementation of the budget for the financial year 2007, together with the institutions' replies(4),

-   having regard to the report of the Committee on Budgets (A6-0057/2009),

A.   whereas, at this stage of the annual procedure, the European Parliament is awaiting the other institutions' estimates and its own Bureau's proposals for the 2010 budget,

B.   whereas it has been proposed to continue the pilot exercise on enhanced cooperation and relations between the Bureau and the Committee on Budgets, for a second year, throughout the 2010 budget procedure,

C.   whereas the ceiling of heading 5 in 2010 is EUR 8 088 000 000 (representing an increase of EUR 311 000 000 or of 4 % compared to 2009, including 2 % for inflation),

D.   whereas the European Parliament's budget for 2009 amounts to EUR 1 529 970 930, representing 19,67 % of heading 5 this year,

European Parliament
General framework

1.  Cannot stress enough the fundamental principle that all Members should be equally provided with full and quality services allowing them to work and express themselves and to receive documents in their native language in order to be able to act on behalf of their electors in the best way possible; considers the new parliamentary term to be an opportunity to make sure this is the case and agrees that, in this sense, "optimal and equal access to language facilities for Members" will be one of the crucial guidelines for the 2010 budget;

2.  Considers that, in line with its previous position, equal emphasis should be given to all aspects relating to Parliament's legislative role; in particular, the priority alignment of staff and related resources should primarily accommodate parliamentary work and decision-making in the area of co-decision;

3.  Stresses that 2010 will be a year when the Parliament, following the 2009 European elections and the changes in its composition that that will bring, gradually resumes full activity during the year and notes that this will imply a certain number of budgetary adjustments; also notes that many items relating to the election year of 2009 specifically will no longer be needed;

4.  Points out that 2010 will be a year of continued adaptation for the Parliament as concerns the improvement of its working methods and modernisation, which go hand in hand with its political and legislative responsibilities, and the evaluation concerning a series of major multi-annual initiatives launched during the past few years;

5.  Confirms its intention to make the necessary provisions in view of a future possible enlargement of the Union to include Croatia;

6.  Takes note of the fact that the financial ceiling of heading 5, administrative expenditure, will theoretically allow for an increase of 4 % or EUR 311 000 000; consequently notes that, as a yardstick, the voluntary 20 % share of the Parliament would still imply an "automatic" additional room for manoeuvre of EUR 62 000 000 calculated on the ceilings and EUR 87 000 000 compared to the real budget adopted for 2009; points out that there are, nevertheless, uncertainties as to the evolution of the EU-GNI and the circumstances in which the European Parliament has to operate;

7.  Is expecting the Bureau to submit realistic requests when presenting the estimates, and is ready to examine its proposals on a fully needs-based and prudent basis in order to ensure an appropriate and efficient functioning of the institution;

8.  Takes the view that a significant margin should be kept in the budget estimates, rather than creating a specific reserve, in order to safeguard the possibility for the new Parliament to set its own priorities once in place or adapting to changing circumstances while taking into account the 20% of the overall administrative expenditure;

9.  Believes that, in the event of a future ratification of the Treaty of Lisbon, any necessary adaptations requiring budget expenditure would have to be dealt with at that time according to the budgetary procedures in force;

10.  Requests a detailed and clear overview of those budget lines that were under-implemented in 2008 and looks forward to analysing the reasons for this; also wishes to receive an account of all carry-overs and their use in 2008, as well as an update on the final assigned revenues compared to the amounts that were budgeted;

11.  Welcomes the decision to prolong for a second year the pilot exercise on enhanced cooperation between its Bureau and Committee on Budgets, which should implement a streamlined budget procedure as well as allowing for more timely and transparent consultation on all parliamentary matters with significant financial implications; underlines that the practice as to when the Bureau consults the Committee on Budgets on matters with such financial implications could be improved, and wishes to clarify and define current practice in this regard;

Equal access to language facilities for Members of the European Parliament

12.  Considers that 2010 should be a year when the utmost effort must be made so that Members of all nationalities and languages are treated equally in terms of their possibility to carry out their duties and all political activity incumbent upon them in their own language if they so choose;

13.  Recognises that, in many instances and particularly at committee and group stages, restrictive deadlines increase the importance of negotiations among the main actors; nevertheless stresses the principle of democratic legitimacy through all its composite Members and their right to full multilingualism; therefore considers that this budget can and should be used to work towards this goal and find the correct balance between the multilingualism restrictions and the smooth completion of the legislative procedures;

14.  Takes a keen interest in the question of multilingualism and asks the services for a presentation of the current situation and developments foreseen for 2010, including the application of the "Code" and possible room for further practical improvements, the pilot project on ad personam interpretation, including its criteria and usefulness for Members of different language backgrounds and also an overview of how the "physical barriers" to equal treatment (i.e. the absence of suitable meeting rooms, cabins etc.) will be eliminated over time; wishes to be assured as to how the new Parliament will be better equipped in all these matters compared to the situation for Members arriving with the last enlargements;

15.  Is also of the opinion that all means must be sought to increase the flexibility of interpretation as a crucial step to ensure good working practices and notes that, in many instances, problems and financial wastage could be avoided if there were a possibility to swap languages at short notice depending on the actual attendance at meetings rather than the planned attendance;

Optimal use of resources to improve the European Parliament's legislative work

16.  Emphasises that maximum care should be taken to ensure that the overall budgetary and staffing resources at the Parliament's disposal are used in the most cost-efficient way possible to enable the institution and its Members to fulfil their ultimate mission on legislation successfully; reiterates that this implies careful planning and organisation of its working methods and, whenever possible, the pooling together of functions and structures to avoid unnecessary bureaucracy, functional overlaps and duplication of effort;

17.  Underlines that the growing co-decision powers put an additional strain on all of Parliament's services dealing with legislative work and will require high effectiveness as well as prioritisation of staff and related resources to enable Members to perform their duties correctly;

18.  Recalls that a significant increase of staffing levels was agreed for 2009 although, at the same time, it was generally agreed that staff resources had now entered a phase of consolidation and that redeployment should be a continuous process following the very significant increases made with the recent enlargements; renews its call on all services and the political groups to provide full justifications for their requests from the outset of the procedure;

19.  Looks forward to the suggestions from the working group on simplification of administrative procedures and believes that cost savings should be a natural consequence of its subsequent implementation;

20.  Also asks that the requests by the political groups be included at the Estimates stage in the spring;

21.  Believes that an analysis on how resources are used and how work is organised is sometimes necessary when specific problems are clearly identified and the objectives of the examination to be carried out are sufficiently specified, measurable and targeted; believes that in 2010, some specific sector(s) and projects could be identified and looked at in this way; recalls, at the same time, the importance of the screening exercise that took place during 2008; wishes for this exercise to be continued and deepened so that it can be taken into account when deciding on the 2010 estimates; recalls that changing circumstances of the newly elected Parliament, increased co-decision powers, as well as other changes, should also be taken into consideration;

22.  Draws the Bureau's attention to the working conditions of the persons employed by the contractors operating in Parliament; calls on the Bureau, in this connection, to make sure that those firms fully comply with the applicable labour legislation;

Dissemination of information to Members

23.  Stresses that since the major reform of "Raising the Game" launched some years ago, at least three new significant projects have been or are being established in order to provide information as complete and relevant as possible in relation to parliamentary work; notes the policy departments of committees, the analytical service of the library, and a knowledge management system in order to facilitate access to these and to many other resources available; also notes a number of other resources in the Parliament, such as, for example, the "legislative observatory"; warmly welcomes these efforts in order to make the Parliament more professional in the way it assists Members but considers that functional and budgetary stocktaking is necessary;

24.  Considers it important for the 2010 procedure to clarify the situation for the benefit of all Members, including those dealing with the budgetary aspects, in order to define more clearly the different responsibilities and how to best arrange these initiatives in the most efficient way; would therefore welcome a hearing of the Committee on Budgets on how these are to be used, the current thinking with regard to the different elements, and how these will relate to each other; insists that the administration should also ensure exhaustive information to the newly elected Members concerning the services to which they are entitled;

Communicating Parliament to citizens

25.  Notes the Bureau's reference to the three major projects in the field of communication policy - europarlTV, the Visitors' Centre and the new audiovisual centre in the JAN building - the completion and consolidation of which represents a qualitative improvement to the communication instruments at the disposal of the institution; renews its commitment to monitor closely the development of these instruments and to maximise the real impact on public opinion;

26.  Deplores the fact that the visitors" centre will not be established before the 2009 elections and requests full information as to the reasons behind this delay;

27.  Takes note of the Bureau's decision concerning the "House of European History" and emphasises the need for a full and transparent consultation with the competent Committees on its concept, contents and budgetary aspects in line with the pilot procedure on enhanced cooperation between the Bureau and Committee on Budgets;

Buildings

28.  Recalls that this sector is of high importance for the Parliament both in terms of meeting its current and future property needs as an institution and in terms of managing in the best way possible the property which it owns; recalls that any project in this context should safeguard the Parliament's financial interests; considers that events in 2008, although some were clearly not predictable, highlight the need for improvements in this area, taking into account the external report on the maintenance of buildings; also looks forward to receiving information concerning the proposals on a potential reorganisation of DG INLO, in view of the increased challenges for the European Parliament as a major property owner;

29.  In this regard, reiterates its call to see a specific report and any possible recommendations concerning unnecessarily high maintenance, renovation and purchase costs relating to EU buildings, including the Parliament's; still wishes this to be a cross-cutting effort in order to establish the root causes, whether linked to a restricted market in any way, to burdens imposed by the Financial Regulation and public tendering, or to any other relevant factor; requests confirmation that the rule requiring the blacklisting of firms that have put forward unnecessarily high costs should be enforced;

30.  Looks forward to receiving the medium- to long-term strategy paper on building policy, as called for already last year, in order to take the relevant decisions at first reading;

Continuation of various aspects from the 2009 procedure

31.  Welcomes the Bureau's intention to continue to improve the legislative, linguistic and technical support to Members, which is obviously closely linked to a number of issues indicated above;

32.  Agrees that the implementation in the first year of the new Statute for Members and the Statute for Assistants will need to be closely followed and considers that they must be consolidated in the best possible way, with a continuous update of the financial implications and forecasts;

33.  Continues to stress that improvements in the IT sector should not lead only to a greater capability to manage key aspects "in house" but also to demonstrate a greater potential to organise this area in a more cost-effective way; asks for a report clarifying the current situation and prospects regarding the internalisation of ICT experts and appropriate governance; calls on the Bureau to set out a clear strategy for Parliament's approach on ICT - including synergies with the political groups - before taking further steps in this area;

34.  Welcomes the fact that environmental goals are mentioned in the Bureau's document and, following the previous "EMAS process" and work on the "carbon footprint", considers that 2010 will indeed provide an opportunity to continue these efforts, inter alia by the forthcoming adoption of a CO2 action plan by the Bureau;

Other institutions

35.  Welcomes the constructive co-operation with the other institutions during the last procedure and, as last year, urges them to present realistic and cost-based budget requests that take full account of the need to manage scarce resources in an optimal way;

36.  Wishes to explore still further the possibility of better sharing the available resources between all Institutions, especially when there might be free capacity in one area which, if organised properly, could be taken advantage of and used in another area and/or institution;

37.  Invites its rapporteur for 2010 to carry out individual visits to the Council, Court of Justice, Court of Auditors, European Economic and Social Committee, Committee of the Regions, the Ombudsman and the European Data Protection Supervisor, in order to hear them before the estimates stage and to report back to its Committee on Budgets;

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38.  Instructs its President to forward this resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman and the European Data Protection Supervisor.

(1) OJ C 139, 14.6.2006, p. 1.
(2) OJ L 253, 7.10.2000, p. 42.
(3) OJ L 248, 16.9.2002, p. 1.
(4) OJ C 286, 10.11.2008, p. 1.


Integrity of online gambling
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European Parliament resolution of 10 March 2009 on the integrity of online gambling (2008/2215(INI))
P6_TA(2009)0097A6-0064/2009

The European Parliament,

–   having regard to Article 49 of the EC Treaty,

–   having regard to the Protocol on the application of the principles of subsidiarity and proportionality annexed to the EC Treaty,

–   having regard to the case-law developed by the Court of Justice of the European Communities(1),

–   having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market(2) (Services Directive),

–   having regard to Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(3) (Directive on audiovisual media services),

–   having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)(4),

–   having regard to Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing(5),

–   having regard to its resolution of 8 May 2008 on the White Paper on Sport(6),

–   having regard to the Oral Question by the Committee on the Internal Market and Consumer Protection to the Commission of 16 October 2006 on gambling and sports betting in the Internal Market and to the following debate in the Committee on the Internal Market (O-0118/2006) and Consumer Protection on 14 November 2006, and to the answer given by the Member of the Commission,

–   having regard to the briefing paper on Online gambling, focusing on integrity and a code of conduct for gambling, prepared for the European Parliament by Europe Economics Research Ltd,

–   having regard to the study of Gambling Services in the Internal Market of the European Union dated 14 June 2006, prepared for the Commission by the Swiss Institute of Comparative Law (SICL),

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0064/2009),

A.   whereas, at present, online gambling, worth EUR 2 to 3 billion in gross gaming revenues in 2004, accounts for roughly 5% of the total gambling market in the EU, as noted by the above-mentioned study by SICL, and rapid growth seems inevitable,

B.   whereas the revenue generated by government and government-authorised gambling activities is by far the most important source of income for sports organisations in many Member States,

C.   whereas gambling activities, including online gambling, have traditionally been strictly regulated in all Member States on the basis of the principle of subsidiarity, in order to protect consumers against addiction and fraud, to prevent money-laundering and other financial crimes, as well as match-fixing, and to preserve public order; whereas the European Court of Justice accepts restrictions of the freedom of establishment and the freedom to provide services in the light of such general interest objectives, if proportionate and non-discriminatory,

D.   whereas all Member States have differentiated such restrictions according to the type of gambling service concerned, such as casino games, sports betting, lotteries or betting on horse-races; whereas the majority of Member States prohibit the operation - including by local operators - of online casino games, and a significant number prohibit in the same way the operation of online sports betting and online lotteries,

E.   whereas gambling activities were excluded from the scope of Directives 2006/123/EC, 2007/65/EC and 2000/31/EC, and Parliament voiced its concern at a possible deregulation of gambling in its above-mentioned resolution on the White Paper on Sport,

F.   whereas Member States have regulated their traditional gambling markets in order to protect consumers against addiction, fraud, money-laundering and match-fixing; whereas these policy objectives are more difficult to achieve in the online gambling sector,

G.   whereas the Commission has launched infringement proceedings against ten Member States in order to verify whether national measures limiting the cross-border supply of online gambling services, mainly sports betting, are compatible with Community law; whereas, as the Commission has highlighted, these proceedings do not touch upon the existence of monopolies or national lotteries as such, nor do they have any implication for the liberalisation of gambling markets in general,

H.   whereas an increasing number of preliminary questions on gambling-related cases are being referred to the European Court of Justice, which clearly demonstrates a lack of clarity on the interpretation and application of Community law with respect to gambling,

I.   whereas integrity in the context of this resolution on online gambling means a commitment to preventing not only fraud and crime but also problem gambling and under-age gambling by compliance with consumer protection and criminal laws and by protecting sporting competitions from any undue influence associated with sports betting,

J.   whereas online gambling combines several risk factors related to problem gambling, such as, among others, easy access to gambling, the availability of a variety of games and fewer social constraints(7),

K.   whereas sports betting activities and other online games have developed rapidly and in an uncontrolled manner (particularly cross-border over the internet), and the ever present threat of match-fixing and the phenomenon of "lay bets" on specific events in sports matches makes sports particularly vulnerable to illegal betting behaviour,

A transparent sector that safeguards the public and consumer interests

1.  Highlights that, in accordance with the principle of subsidiarity and the case law of the European Court of Justice, Member States have an interest and right to regulate and control their gambling markets in accordance with their traditions and cultures in order to protect consumers against addiction, fraud, money-laundering and match-fixing in sports, as well as to protect the culturally-built funding structures which finance sports activities and other social causes in the Member States; highlights that all other stakeholders as well have an interest in a well-monitored and regulated gambling market; underlines that online gambling operators must comply with the legislation of the Member State in which they provide their services and the consumer resides;

2.  Stresses that gambling services are to be considered as an economic activity of a very special nature due to the social and public order and health care aspects linked to it, where competition will not lead to a better allocation of resources, which is the reason why gambling requires a multi-pillar approach; emphasises that a pure Internal Market approach is not appropriate in this highly sensitive area, and requests the Commission to pay particular attention to the views of the European Court of Justice regarding this matter;

3.  Endorses the work that has started in the Council under the French Presidency addressing issues in the field of online and traditional gambling and betting; calls on the Council to continue holding formal discussions about a potential political solution as to how to define and tackle problems arising from online gambling, and calls on the Commission to support this process and to carry out studies and make appropriate proposals considered desirable by the Council for the attainment of common objectives in the area of online gambling;

4.  Calls on the Member States to cooperate closely in order to solve the social and public order problems arising from cross-border online gambling, such as gambling addiction and misuse of personal data or credit cards; calls on the EU institutions to cooperate closely with the Member States in the fight against all unauthorised or illegal online gambling services offered and to protect consumers and prevent fraud; stresses the need for a common position on how to do this;

5.  Stresses that regulators and operators should closely cooperate with other stakeholders operating in the field of online gambling, e.g. gambling operators, regulators, consumer organisations, sports organisations, industry associations and the media, which share a joint responsibility for the integrity of online gambling and for informing consumers of the possible negative consequences of online gambling;

Tackling fraud and other forms of criminal behaviour

6.  Notes that criminal activities, such as money-laundering, and black economies can be associated with gambling activities and impact on the integrity of sports events; considers that the threat to the integrity of sport and sporting competitions impacts heavily on grassroots participation, a key contributor to public health and social integration; is of the opinion that, if a sport is perceived as the subject of manipulation for the financial gain of players, officials or third parties rather than played according to its values, rules and for the enjoyment of its fans, this could result in a loss of public trust;

7.  Is of the opinion that the growth of online gambling provides increased opportunities for corrupt practices such as fraud, match-fixing, illegal betting cartels and money-laundering, as online games can be set up and dismantled very rapidly and as a result of the proliferation of offshore operators; calls on the Commission, Europol and other national and international institutions to closely monitor and report on findings in this area;

8.  Considers that the protection of the integrity of sports events and competitions requires cooperation between sports rights owners, online betting operators and public authorities at national as well as EU and international level;

9.  Calls on the Member States to ensure that sports competition organisers, betting operators and regulators cooperate on measures to tackle the risks related to illegal betting behaviour and match-fixing in sport and explore the establishment of a workable, equitable and sustainable regulatory framework to protect the integrity of sports;

10.  Highlights that sports bets are a form of commercial exploitation of sporting competitions, and recommends that Member States protect sporting competitions from any unauthorised commercial use, notably by recognition of a sport organisers right, and put in place arrangements to ensure fair financial returns for the benefit of all levels of professional and amateur sport; calls on the Commission to examine whether it is possible to give competition organisers an intellectual property right (some sort of portrait right(8)) over their competitions;

Prevention of consumer detriment

11.  Considers that the potential omnipresent opportunity provided by the internet to gamble online in privacy, with immediate results and with the possibility of gambling for large sums of money, creates new potential for gambling addiction; notes, however, that the full impact on consumers of the specific forms of gambling services offered online is not yet known and should be researched in a more detail;

12.  Draws attention to the growing concern about young people's ability to access online gambling opportunities, both legally and illegally, and stresses the need to have more effective age checks and to prevent underage gamblers from playing free demos on websites;

13.  Points out that young people in particular may have trouble differentiating between the concepts of luck, fate, chance and probability; urges Member States to address the key risk factors which may increase the likelihood of a (young) person developing a gambling problem, and to find the tools to target those factors;

14.  Is concerned by the increasing cross-over between interactive television, mobile phones and internet sites in offering remote or online gambling games, particularly those aimed at minors; considers that this development will pose new regulatory and social protection challenges;

15.  Is of the opinion that online gambling is likely to give rise to risks to consumers and that Member States may therefore legitimately restrict the freedom to provide online gambling services in order to protect consumers;

16.  Stresses that parents have a responsibility to prevent under-age gambling and gambling addiction by minors;

17.  At the same time, calls on Member States to allocate adequate funding for research into, and the prevention and treatment of, problems relating to online gambling;

18.  Considers that profits from gambling should be used for the benefit of society, including rolling funding for education, health, professional and amateur sport and culture;

19.  Supports the development of standards for online gambling regarding age limits, a ban on credit and bonus schemes to protect vulnerable gamblers, information about the possible consequences of gambling, information about where to obtain help in case of addiction, the potential addictiveness of certain games, and so on;

20.  Calls on all stakeholders to address the risk of social isolation caused by online gambling addiction;

21.  Considers that self-regulation regarding the advertising, promotion and provision of online games is not sufficiently effective and therefore emphasises the need for both regulation and cooperation between the industry and the authorities;

22.  Urges Member States to cooperate at EU level to take measures against any aggressive advertising or marketing by any public or private operator of online gambling, including free demonstration games, to protect in particular gamblers and vulnerable consumers such as children and young people;

23.  Suggests examining the possibility of introducing a maximum amount that a person can use for gambling activities per month, or of obliging online gambling operators to make use of prepaid cards for online gambling to be sold in shops;

Code of Conduct

24.  Notes that a Code of Conduct may still be a useful supplementary tool for achieving some public (and private) objectives and to take account of technological developments, changes in consumer preferences or developments in market structures;

25.  Stresses that a Code of Conduct ultimately remains an industry-driven, self-regulatory approach and can therefore only serve as an addition to, not a replacement of, legislation;

26.  Also stresses that the effectiveness of a Code of Conduct will heavily depend on its recognition by national regulators and consumers, as well as on its enforcement;

Monitoring and research

27.  Calls on the Member States to document the extent and growth of their online gambling markets, as well as the challenges which arise from online gambling;

28.  Calls on the Commission to initiate research on online gambling and the risk of developing a gambling addiction, for example how advertising influences gambling addiction, whether it is possible to create a common European categorisation of games according to addictive potential, and possible preventive and curative measures;

29.  Calls on the Commission to examine in particular the role of advertising and marketing (including free online demonstration games) in encouraging, directly or implicitly, under-age young people to gamble;

30.  Calls on the Commission, Europol and the national authorities to collect and share information about the extent of fraud and other criminal behaviour in the online gambling sector, e.g. amongst actors involved in the sector;

31.  Calls on the Commission to study, in close cooperation with national governments, the economic and non-economic effects of the provision of cross-border gambling services in relation to integrity, social responsibility, consumer protection and matters relating to taxation;

32.  Stresses the importance for the Member State of the residence of the consumer to be able to effectively control, limit and supervise gambling services provided on its territory;

33.  Calls on the Commission and the Member States to clarify the place of taxation of online gambling activities;

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

(1) Schindler 1994 (C-275/92), Läärä 1999 (C-124/97), Zenatti 1999 (C-67/98), Anomar 2003 (C-6/01), Gambelli 2003 (C-243/01), Lindman 2003 (C-42/02), Placanica 2007 (C-338/04), Unibet 2007 (C-432/05), UNIRE 2007 (C-260/04).
(2) OJ L 376, 27.12.2006, p. 36.
(3) OJ L 332, 18.12.2007, p. 27.
(4) OJ L 178, 17.7.2000, p. 1.
(5) OJ L 309, 25.11.2005, p. 15.
(6) Texts adopted, P6_TA(2008)0198.
(7) Opinion of Advocate General Bot of 14 October 2008 in Case C-42/07; the above-mentioned study by SICL at p. 1450; Professor Gill Valentine, Literature review of children and young people's gambling (Commissioned by the UK Gambling Commission), September 2008.
(8) Portretrecht.


Ensuring food quality, including harmonisation or mutual recognition of standards
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European Parliament resolution of 10 March 2009 on ensuring food quality, including harmonisation or mutual recognition of standards (2008/2220(INI))
P6_TA(2009)0098A6-0088/2009

The European Parliament,

–   having regard to Article 33 of the EC Treaty,

–   having regard to the Commission's Green Paper of 15 October 2008 on agricultural product quality: product standards, farming requirements and quality schemes (COM(2008)0641),

–   having regard to its resolution of 9 October 1998 on quality policy for agricultural products and agri-foodstuffs(1),

–   having regard to the Commission working document of October 2008 on food quality certification schemes,

–   having regard to the health check for the common agricultural policy (CAP),

–   having regard to the mandate issued by the European Council to the Commission for the negotiations in the field of agriculture, as laid down in the Commission's Proposal for Modalities in the WTO Agriculture Negotiations of January 2003(2),

–   having regard to the conference organised by the Commission in Brussels on 5 and 6 February 2007 on "Food Quality Certification – Adding Value to Farm Produce",

–   having regard to the proposal for a regulation of the European Parliament and of the Council on the provision of food information to consumers (COM(2008)0040),

–   having regard to Rule 45 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 (A6-0088/2009),

A.   whereas the European Union has the highest quality and standards for food products in the world,

B.   whereas these high standards are demanded by EU consumers and represent a means of maximising high added value,

C.   whereas there is ever-increasing consumer interest not only in food safety but also in the origins and production methods of food products; whereas the European Union has already responded to this trend by introducing four food quality and origin marks, namely Protected Designation of Origin (PDO), Protected Geographical Indication (PGI), Traditional Speciality Guaranteed (TSG) and Organic Farming,

D.   whereas European quality products constitute a living cultural and gastronomic heritage for the European Union, and are an essential component of economic and social activity in many EU regions, bolstering activities directly linked to local realities, especially in rural areas,

E.   whereas consumers associate certification schemes with a guarantee of higher quality,

F.   whereas the European Union's specific quality systems offer a specific competitive advantage for EU products,

G.   whereas the big distributors now dominate EU food markets and are imposing listing fees, commercial entry charges or considerable and unjustified contributions to promotion expenses, all of these being elements which affect small producers' chances of reaching a wide public,

H.   whereas new technologies can be employed for providing detailed information on the origins and characteristics of agricultural and food products,

I.   whereas counterfeiting causes damage to both producers and end-consumers,

1.  Welcomes the reflection process launched by the Commission on the Green Paper, and supports the criterion of promoting the quality of EU agricultural products while not generating additional costs or burdens for producers;

2.  Believes that ensuring conditions of fair competition for strategic goods such as agricultural and food products should be a major EU objective of public interest; considers it vital that there should also be conditions of fair competition for imported products, which tend not to meet standards comparable to those governing Community products; believes that the EU's quality standards applicable to third-country products having access to the internal market also need to be laid down on the basis of agreement in the World Trade Organisation (WTO);

3.  Considers it necessary to step up controls and coordination among the various authorities to ensure that imported food products meet EU environmental, food safety and animal welfare standards; notes the conclusions of the Agriculture Council of 19 December 2008 concerning the safety of imported agri-food products and compliance with Community standards, but points to the lack of resolute political will, in those conclusions, to strengthen Community controls in third countries;

4.  Stresses that quality policy cannot be treated separately from the issue of the future of the CAP or from such challenges as climate change, the need to preserve biodiversity, energy supply and water resource management;

5.  Believes that, in a context of generally high raw material prices, incentives to increase production should not be used as a pretext for reducing standards;

6.  Reaffirms that the goal of higher food safety, animal welfare and environmental protection standards should be that of attaining a high level of product quality offering a strong competitive advantage to agricultural producers, and that agricultural producers must also be able to earn enough to cover the costs generated by EU food safety, animal welfare and environmental requirements; believes that, should the competitive advantage offered to agricultural producers not be sufficient to enable them to cover those costs, a key role needs to be played here by CAP funding, which farmers in Europe should use for ensuring safety, animal welfare and environmental protection in agriculture;

7.  Believes that EU quality policy should be closely linked to the post-2013 reform of the CAP; is of the view that the European Union's role in this policy should be supportive (including financial support) with a view to obtaining high-quality agricultural and food production in Europe; stresses that more support should be given to producers" organisations, particularly with a view to not disadvantaging small producers;

8.  Points out that the European Union has undertaken, in the International Treaty on Plant Genetic Resources for Food and Agriculture, to carry out measures to conserve genetic resources; calls, therefore, on the Commission to create specific sales promotion programmes to encourage the use of plant varieties threatened with genetic erosion; stresses that this is intended to make it more attractive for farmers and horticulturalists to grow varieties listed as plant genetic resources, and that similar sales promotion programmes should be created for endangered breeds of farm animals;

9.  Recalls that the ongoing liberalisation of world agricultural markets is exposing EU producers to direct international competition, and that any additional measures that have to be complied with may be detrimental to competition but may also play to the advantage of EU farmers if they are effectively able to distinguish their products in the market place and gain premiums in return; recalls also that EU farmers can turn consumer demands to their advantage by providing consumers with locally produced high-quality products, higher animal welfare and environmental standards, among others;

10.  Emphasises that in the WTO negotiations the Commission must seek to secure an agreement on the "non-trade concerns" which ensures that as many imported products as possible meet the same requirements as those imposed on EU farmers, so that the quality of agricultural products which meet EU requirements in the areas of food safety, animal welfare and environmental protection offers agricultural producers a strong competitive advantage;

11.  Is concerned at the influence of the big retail chains on the general quality level of EU food products, as well as at the trend on those markets characterised by a high levels of concentration of distribution towards standardisation and reduction of variety of agricultural and food products, in the wake of the declining presence of traditional products and a greater stress on processed products; suggests that the Commission take note of the need to regulate the reverse tendering practices imposed by a small number of bulk buyers, in view of their disastrous consequences for quality products;

Requirements concerning production and marketing standards

12.  Is concerned at the complexity of the EU system of basic standards and at the multiplicity of rules which farmers in the European Union have to comply with; favours a simplified system and calls for each new rule to be assessed in accordance with the criteria of suitability, necessity and proportionality;

13.  Calls for further simplification of marketing standards by clarifying the main criteria to be applied; calls for the development of EU guidelines on the use of general reserved terms, such as "low in sugar", "low carbon", "dietary" and "natural", in order to avoid misleading practices;

14.  Is concerned at the fact that the majority of EU consumers are not sufficiently well-informed concerning the food chain, especially as regards products' and raw materials' origins; advocates mandatory indication of place of production of primary products based on a country of origin label, reflecting consumer desire to know more about the origins of the product they are buying; believes such a system should also apply to processed food products and should provide information on the origins of the main ingredients and raw materials, specifying their place of origin as well as the place of final processing;

15.  Considers the Australian model to be an excellent example for such a system of labelling of the country of origin, while bearing in mind the specific characteristics of the European Union's various production sectors, in its defining of various different levels such as "produced in" (for food products produced locally with local ingredients), "made in" (for food products which have undergone substantial processing locally), or "made in country X using local or imported ingredients"; recalls that similar labelling systems are used by other major trading partners such as the US and New Zealand;

16.  Considers that, provided food safety requirements are complied with, marketing standards should not have the effect of blocking market access for products on grounds of their appearance, shape or size;

17.  Takes the view that the use of the general EU quality label, bearing the words "produced in the European Union", must ultimately ensure that EU products stand out on the market, on the basis of the high quality standards governing their production;

18.  Considers that the optional reserved terms should be promoted as an alternative to compulsory marketing standards; considers, however, that the introduction of these uniform definitions satisfying all interested parties may encounter difficulties, bearing in mind the differences in dietary habits and traditions, with an increase in the amount of consumer information provided and the need to develop a system to monitor the use of these terms;

19.  Advocates taking measures to simplify the EU rules, without this resulting in their dismantling, and to limit the scope for self-regulation; believes that common marketing standards are necessary and can be established in a more efficient manner; considers, in this connection, that joint regulation should be promoted as the usual means of adopting Community legislation in the field; calls for municipal authorities, food industry representatives and farmers' representatives to be involved in the process;

Specific quality systems in the European Union

20.  Underlines that food quality systems should provide information and offer a guarantee for consumers of the authenticity of local ingredients and production techniques; considers, therefore, that such schemes must be implemented and operated with reinforced controls and traceability systems;

21.  Believes that there needs to be a more transparent labelling system enjoying broad consumer recognition, and that, in the interests of transparent labelling of origin, the provenance of essential product-defining agricultural ingredients should be shown both on EU products and on those imported from third countries;

22.  Considers that the need to ensure the exclusive use of authentic PDO products as raw materials applies only where protected nomenclature is used for labelling and advertising a processed product; points out that this prevents consumers from being misled on the one hand, and stimulates demand for PDO products on the other;

23.  Advocates the adoption of rules concerning the use of the terms 'mountain' and 'island' given the significant resulting added value for agricultural products and foodstuffs from these less-favoured areas; believes that use of the terms 'mountain' and 'island' must be accompanied by compulsory indication of the country of origin of the product;

24.  Points out in this connection that, for the average consumer, the difference between PDO and PGI is not clear, and that an information campaign is needed to make consumers aware of that difference;

25.  Opposes the adoption of stricter assessment criteria, such as exportability and sustainability; points out that there are a number of examples of products which, while not exportable, are of major importance in shaping the local economy and ensuring continued social cohesion;

26.  Stresses that designations of origin constitute a crucial part of the European heritage which needs to be preserved because of its crucial economic power and because it has a key socio-economic impact on many EU regions; believes that they offer a guarantee of quality, which must be reinforced, particularly by stricter control over the management of designations of origin by the applicant groups representing them; considers that they help consumers in making their choice from the range of goods on offer;

27.  Considers that there is a need to better explain the differences between trademarks and designation of origin and to take measures to enable the existing Community rules preventing registration of a trademark containing or referring to PDOs/PGIs by operators who do not represent the producer organisations of those PDOs/PGIs to be applied in practice; considers it vitally important to launch promotional campaigns, with their own budgets, to inform consumers on the benefits of those public sector certification systems;

28.  Believes that, in the interests of preserving quality and maintaining the reputation of the geographical indications, producers of products bearing geographical indications should have instruments at their disposal to enable them to manage the volumes produced in a proper manner;

29.  Considers that, where a product with a PGI is used in a compound cooked product and the characteristics of the PGI product are altered, the protecting bodies or competent authorities must be allowed to conduct specific checks aimed at ascertaining whether or not the characteristics of the PGI product have been altered excessively;

30.  Advocates greater protection for registered nomenclature, in particular at certain stages of packaging and marketing outside the production area wherever there is a danger of such nomenclature being improperly used; calls for the Community rules prohibiting the registration of marks with a designation similar to that of a PDO or PGI that has already been registered to be enforced;

31.  Advocates the introduction of common rules to enable producers of products bearing geographical indications to determine the conditions for applying those indications, also in relation to their use in the designation of processed products;

32.  Favours simplifying the procedure for registering designations of origin and reducing the time required for obtaining them;

33.  Stresses that the degree of protection of designations of origin varies between Member States; advocates legislative and procedural harmonisation in this field, especially for the rules on ex officio protection;

34.  Believes that the international protection of designations of origin should be strengthened; calls on the Commission to step up its efforts, particularly at political level, to bring about an improvement in PGI protection in the course of the WTO talks (either by extending the protection under Article 23 of the Agreement on Trade-Related Aspects of Intellectual Property Rights to all products, or by establishing a multilateral register of PGIs), and also in the accession negotiations for new member countries joining the WTO and bilateral agreements currently being negotiated;

35.  Takes the view that both exporting and non-exporting producers should be covered by that international protection on the part of the EU, which might differ on the basis of the risk of the actual counterfeiting of products, in such a way that products at high risk of counterfeiting, and which are exported, enjoy international protection at the WTO, while for products running a more moderate risk of counterfeiting, on markets at local level, a simplified procedure could be proposed, which, once recognised by the Member States, shall be notified to the Commission (comparable to the level of the current temporary protection) and enjoy Community legal protection;

36.  Points out that certain nomenclatures are being systematically usurped on the territory of third countries, thereby misleading consumers and undermining the reputation of authentic products; points out that measures to ensure the protection of a nomenclature in a third country is a particularly time-consuming process which cannot easily be achieved by isolated producer groups given that specific protection arrangements and procedures exist in each country; urges the Commission to play an advisory role, providing producer groups with know-how and legal support regarding the conclusion of agreements with third countries;

37.  Takes the view that Community and national checks are essential with regard to protected designations of origin and protected geographical indications, and advocates severe penalties to deter unauthorised use of those instruments, in such a way that Member States are required to apply these automatically in the event of counterfeiting or imitation of protected designations; suggests bringing forward a specific clause in Article 13 of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(3) in that respect; favours simplifying the procedures for obtaining PDOs, as well as stringent checks by Member State authorities when certifying that all stages of the production process have taken placed in the geographical area concerned;

38.  Considers that market monitoring for the enforcement of all PDO and PGI provisions will increase administrative costs for the Member States but will greatly contribute to more effective protection; favours Community technical assistance for monitoring by the Member States so as to ensure that PDO and PGI protection arrangements are implemented as uniformly as possible on the territory of the EU;

39.  Advocates further action to disseminate information on these systems and popularise them, with Community financial support, both within the internal market and in third countries; believes that the Community cofinancing rate for EU information and promotion programmes on quality EU products needs to be increased; hopes that the Commission will continue to promote the concept of PGI with non-member States, particularly by undertaking more technical assistance missions in conjunction with PGI producer groups;

40.  Suggests setting up a European Agency for Product Quality, which would work closely with the European Food Safety Authority and the Commission's units responsible for food quality, and which would also adjudicate on the increasing number of requests from third countries in relation to PDO, PGI and traditional speciality guaranteed products;

41.  Stresses the importance for consumer choice of Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed(4); calls on the Commission to submit a legislative proposal whereby a labelling requirement would also be introduced for animal products such as milk, meat and eggs produced by feeding animals with genetically modified feed;

42.  Favours preserving and simplifying the TSG system; expresses disappointment at the performance of this instrument, under which so far only a small number of TSGs have been registered (20, with 30 applications pending); stresses that the register of TSGs mentioned second in Article 3(2) of Council Regulation (EC) No 509/2006 of 20 March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed(5) – the register in which the name of the product or foodstuff is not reserved to the producers – should be abolished since this weakens TSG protection; recalls that the TSG system remains a useful instrument for protection of the networks and that it offers substantial room for development provided certain conditions are met;

43.  Considers the definition of "traditional" products contained in Regulation (EC) No 509/2006 to be inadequate; considers that association of a traditional product with the country in which the tradition exists or the exclusive use of the designation by producers complying with traditional requirements will make TSG status more attractive;

44.  Believes that organic farming offers EU farmers a major growth opportunity and that a programme of measures should be launched to enhance the credibility of the EU logo; notes, however, that the Community regulation on the subject lays down a single standard, even though the Member States apply the certification procedure differently, some of them choosing to delegate expensive inspection tasks to inspection authorities and others to state-accredited bodies; notes that the certification procedure varies between Member States and is expensive; calls for the harmonisation of legislation concerning upper detection limits of banned pesticides in organic products; supports, in principle, the proposal for an EU organic label;

45.  Takes the view that greater standardisation is needed in the typology of control and certification bodies and procedures for ecological products, so that consumers are provided with an assurance of safety and reliability in the form of a new EU logo for ecological agriculture, guaranteeing identical production, control and certification criteria at EU level and helping to resolve problems and further promote the internal market in ecological products;

46.  Considers that the appearance of non-organic products labelled in such a way as to suggest that they are products of organic farming may harm the development of a single EU market in organic products, expresses concern in this connection at attempts to extend the scope of the Ecolabel to food products not produced in accordance with organic farming principles;

47.  Advocates the compulsory indication of country of origin in the case of fresh and processed organic products imported from third countries independently of whether they bear EU organic production certification;

48.  Considers that, in order to improve the functioning of the internal market in organic products, it will be necessary to:

   - register the country of origin in the case of fresh and processed organic products imported from third countries independently of whether the EU organic product logo is used,
   - enhance the credibility of EU logo by means of a programme to promote organic products,
   - establish upper detection limits for banned pesticides in organic agricultural products,
   - examine the question of dual certification required in many cases by major distributors, since this is resulting in a shortage of organic products on the EU market,
   - the designation of non-agricultural products referred to in connection with organic production methods must be distinct from that of organic agricultural products;

49.  Welcomes the creation at Member State level of offices for traditional and organic products; believes that every Member State should have bodies, whether public or private, that are universally recognised by producers and consumers for purposes of promoting and validating local organic and quality production;

50.  Recognises that consumers have ever growing demands concerning the quality of food and food products, not only in terms of safety, but also in terms of ethical concerns, such as environmental sustainability, animal welfare protection and genetically modified organisms (GMO) technologies; calls on the Commission to provide criteria for quality initiatives such as voluntary GMO-free labelling schemes which will provide consumers with a clear choice;

51.  Considers it necessary to promote environment-friendly production systems; regrets, therefore, the lack of Community rules on integrated production, enabling the efforts of EU producers to be highlighted, by means of suitable promotion and marketing campaigns designed to publicise the added value of those types of production;

Certification systems

52.  Takes the view that EU rules on the harmonisation of standards are unnecessary; considers that there is no need to introduce new certification schemes for foodstuffs at EU level, as this would undermine existing schemes and mislead consumers;

53.  Stresses that the development of quality marks, as well as the related communication activities, must not result in more red tape for producers; believes, therefore, that producers should be able to take the initiative regarding the use of such marks, and that the intervention of Community bodies should be confined to ensuring the protection of those marks with a view to guaranteeing producers a fair price for their efforts and protecting the consumer from counterfeiting or other forms of fraud;

54.  Stresses that existing certification systems, as well as ensuring compliance with legal rules by close monitoring, should also guarantee other important food safety factors such as traceability; stresses that certification requirements should reflect the demands of society and that there should therefore be state support for the costs incurred by farmers; advocates the promotion of more active cooperation by producers" associations, since individual farmers are unable to challenge obsolete trade certification rules;

55.  Points out that, as things stand, private certification systems do not fulfil the objective of helping producers to communicate the characteristics of their products to consumers, and are in fact becoming an exclusive means of access to the market, increasing red tape for farmers and becoming a business for many food distribution companies; sees a need to refrain from promoting the proliferation of such systems, which limit access to the market to a section of the production sector;

56.  Stresses that the current proliferation of private certification systems is hindering access to the market for some in the sector, and that those systems are not helping to improve the communication of product characteristics to consumers; calls on the Commission to promote the mutual recognition of private certification systems in order to limit that proliferation and exclusion from the market of quality products; sees a need for Community guidelines to be drawn up that contain aspects those systems cannot regulate, such "status-enhancing" references, which should be defined on the basis of objective, scales and circumstances;

57.  Points out that regional products are highly significant for local economies and communities and that therefore any proposals to limit the number of geographical indications which may be registered should be opposed;

58.  Considers that there is no need to develop new initiatives for promoting traditional products, as this may undermine the TSG scheme;

59.  Calls for closer cooperation with the International Organisation for Standardisation and the implementation on as large a scale as possible of alternative systems such as HACCP (Hazard Analysis Critical Control Points);

60.  Notes, with regard to the international dimension, the existence of a number of problems relating to competitiveness vis-à-vis the European Union's main trading partners; is concerned at pressure from products from emerging countries which do not meet the same security and quality standards and often benefit from lax controls; reiterates, in this connection, the need to implement the concept of 'qualified market access', as affirmed in numerous resolutions of Parliament;

61.  Calls for the generalisation of bilateral agreements with key markets, as well as for agreements on fighting counterfeiting; believes that the Commission should work for clarification of the issues facing international trademark protection, including protection of PGIs, PDOs and TSGs;

Additional aspects

62.  Supports action to communicate, as extensively as possible, the benefits of the European Union's policies for food quality and safety; regrets the lack of full information and the difficulties of access for the public regarding the European Union's work in this field; recommends that the Commission and the Member States step up their information and promotion efforts regarding quality and food safety standards for EU products;

63.  Emphasises the potential role of EU funding in this area; notes that in the 'convergence Member States' Community participation in the quality programmes is as high as 75 %; nonetheless stresses that credit requirements have now become tighter for small producers in the wake of the world financial crisis, and that this will drastically limit their access to cofinancing;

64.  Considers that farmers' markets, as outlets for local, seasonal produce run directly by farmers, should be encouraged because they ensure that a fair price is paid for high-quality produce, strengthen the link between product and place of production and encourage consumers to make informed, quality-based choices; considers that Member States should encourage the creation of marketing spaces in which producers can present their products direct to the consumer;

65.  Calls for the creation of sales promotion programmes for local markets, to promote local and regional processing and marketing initiatives; takes the view that this could for example be done by producer cooperatives, which boost added value in rural areas and which by avoiding long transport routes set a good example for combating climate change;

o
o   o

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

(1) OJ C 328, 26.10.1998, p. 232.
(2) Commission document 625/02.
(3) OJ L 93, 31.3.2006, p. 12.
(4) OJ L 268, 18.10.2003, p. 1.
(5) OJ L 93, 31.3.2006, p. 1.


Commission Reports on Competition Policy 2006 and 2007
PDF 146kWORD 53k
European Parliament resolution of 10 March 2009 on the Reports on competition policy 2006 and 2007 (2008/2243(INI))
P6_TA(2009)0099A6-0011/2009

The European Parliament,

-   having regard to the Commission Report on Competition Policy 2006 of 25 June 2007 (COM(2007)0358) and its Report on Competition Policy 2007 of 16 June 2008 (COM(2008)0368),

-   having regard to the Commission State Aid Action Plan of 7 June 2005 on Less and better targeted state aid: a roadmap for state aid reform 2005-2009 (COM(2005)0107),

-   having regard to its resolution of 14 February 2006 on State aid reform 2005-2009(1),

-   having regard to the Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid(2),

-   having regard to Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation)(3),

-   having regard to Commission Regulation (EC) No 1400/2002 of 31 July 2002 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices in the motor vehicle sector(4) (Motor Vehicle Block Exemption Regulation),

-   having regard to the Guidelines on national regional aid for 2007-2013(5),

-   having regard to Commission Regulation (EC) No 1627/2006 of 24 October 2006 amending Regulation (EC) No 794/2004 as regards the standard forms for notification of aid(6),

-   having regard to Commission Regulation (EC) No 1628/2006 of 24 October 2006 on the application of Articles 87 and 88 of the Treaty to national regional investment aid(7),

-   having regard to the Community Framework for State aid for Research and Development and Innovation(8),

-   having regard to its resolution of 27 April 2006 on sectoral aspects of the State Aid Action Plan: aid for innovation(9),

-   having regard to the Community Guidelines on state aid for environmental protection(10),

-   having regard to the Community Guidelines on State aid to promote risk capital investments in small and medium-sized enterprises(11),

-   having regard to the Commission Communication concerning the prolongation of the Framework on State aid to shipbuilding(12),

-   having regard to the Commission Notice on the application of Articles 87 and 88 of the EC Treaty to State aid in the form of guarantees(13),

-   having regard to the Commission Communication on the revision of the method for setting the reference and discount rates(14),

-   having regard to Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings(15),

-   having regard to its declaration of 19 February 2008 on investigating and remedying the abuse of power by large supermarkets operating in the European Union(16),

-   having regard to the Commission's sector inquiries in the energy and retail banking sectors,

-   having regard to the Commission Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation (EC) No 1/2003(17),

-   having regard to the Commission Notice on Immunity from fines and reduction of fines in cartel cases(18),

-   having regard to the Commission White Paper of 2 April 2008 on Damages actions for breach of the EC antitrust rules (COM(2008)0165),

-   having regard to the Commission White Paper of 11 July 2007 on Sport (COM(2007)0391),

-   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs (A6–0011/2009),

1.  Welcomes publication of the Commission's Competition Policy Reports for 2006 and 2007;

2.  Continues to support a more proactive role for Parliament in the development of competition policy through the introduction of the co-decision procedure;

3.  Congratulates the Commission on its effective challenging of the operation of unlawful hardcore cartels and the record fines imposed on offenders;

4.  Calls upon the Commission and Council, with regard to the Commission's review of the functioning of Regulation (EC) No 1/2003(19), to incorporate the fining principles into Regulation (EC) No 1/2003 and further improve and specify those principles in order to comply with the requirements of general legal principles;

5.  Supports the use of the revised leniency notice and procedure to encourage the provision of information about the operation of unlawful hardcore cartels;

6.  Welcomes the publication of the White Paper on damages actions for breach of the EC anti-trust rules but urges that reform be pursued in such a way as to ensure that the negative effects of the US system are not repeated in the European Union;

7.  Requests that the Commission provide better information in its future reports on the role and involvement in competition cases of the Commission Consumer Liaison Officer;

8.  Expresses its concern to avoid the abuse of market power by major corporations, and calls upon the Commission to undertake an analysis of the effects on competition of unequal relationships between suppliers, namely food producers, and retailers, in view of possible abuses of dominant position; looks forward to the reporting by the Commission's working group on buyer power;

9.  Calls on the Commission to consider reviewing the operation of abusive practices in the services sector, which may prevent small businesses from being able to tender for work; notes the problem that self-employed people and freelancers are sometimes denied the possibility of applying standard tariffs in cases where they are almost exclusively economically dependent on one or a few large users of their resources and calls upon the Commission to examine how they may organise negotiate and conclude collective agreements consistent with competition law principles;

10.  Invites the Commission to review its internal procedures for choosing topics for sector inquiries;

11.  Calls on the Commission to consider conducting a sector inquiry into on-line advertising;

12.  Calls on the Commission to undertake an analysis of possible national differences in the application of public procurement rules and possible distortions of competition as a result of these;

13.  Notes that the Commission reports record activity in respect of the following three sectors: antitrust fines for cartels, the number of merger cases notified to the Commission, and the number of State aid notifications to the Commission; urges the Commission, therefore, to undertake an urgent review of staff resources in order to ensure that its Directorate General for Competition has appropriate staff numbers to deal with its increasing workload;

14.  Underlines that the application of competition rules to mergers and acquisitions must be evaluated from the perspective of the entire internal market, and not just parts thereof;

15.  Welcomes the evidence in the Commission's Competition Policy Reports for 2006 and 2007 of the effectiveness of the restructuring of the Merger Control unit in the Directorate General for Competition along sectoral lines with strengthened economic analysis, and peer review;

16.  Welcomes the announcement of the launch of a review of the Merger Regulation(20); reiterates that it considers the current provisions to be insufficient in view of increasingly integrated and complex EU markets and that a review should be undertaken with a view to seeking a consistent approach in the evaluation of comparable merger operations;

17.  Notes the record level of State aid notifications, and welcomes the publication of the General block exemption Regulation to cover small and medium-sized enterprises (SMEs), research and development aid in favour of SMEs, aid for employment, training aid, and regional aid;

18.  Welcomes, in particular, the possibility of subsidising employers as regards costs incurred by their employees relating to the care of children and parents;

19.  Is worried about the increase in market concentration and conflicts of interest within the banking sector; warns against possible global systemic risks that arise from conflicts of interest and concentration;

20.  Welcomes a review of the State aid scoreboard but urges the Commission to undertake analyses of the effectiveness of State aid and urges that a revision of the scoreboard identify those Member States that have failed adequately to pursue the recovery of illegal State aid;

21.  Welcomes the publication of the revised Community guidelines on State aid for environmental protection, guaranteeing that Member States may support the production of renewable energy and energy efficient cogeneration by granting operating aid that covers in full the difference between production costs and market price;

22.  Renews its call for further progress in relation to both the clarification of the existing competition rules and their practical application in relation to services of general economic interest, given the considerable differences in policies prevailing across the Member States;

23.  Regrets that energy consumers in the European Union continue to suffer from disproportionate price increases and a distorted energy market, which was recognised as a result of the Commission's sector inquiry as not functioning properly; stresses again the importance of a fully completed and well-functioning internal market for energy;

24.  Supports the Commission in its endeavours to develop the EU gas and electricity markets further, with a crucial element being the separation of the transmission networks on the one hand, and the production and supply activities on the other (unbundling);

25.  Expresses concern at the lack of transparency in the formation of fuel prices in EU markets; asks the Commission to ensure proper vigilance over competitive behaviour in those markets;

26.  Calls for mechanisms to be put in place to ensure that the adoption of the Emissions Trading Scheme does not cause distortions in competition both internally and as regards external competitors;

27.  Notes that as long ago as 9 October 2007 the Council invited the Commission to consider streamlining procedures to focus on how State aid enquiries under critical circumstances could be dealt with rapidly;

28.  Welcomes the urgent responses and clarification from the side of the Commission regarding the management of the financial and economic crisis and the use of State aid; notes the increasing amount of State aid and welcomes the further detailed guidelines aiming for better-targeted State aid;

29.  Recognises the applicability of Article 87(3)(b) of the Treaty to the circumstances currently facing Member States' economies as a result of the turbulence on the financial markets; considers it necessary, however, that the Commission remain strongly vigilant as regards financial rescue packages to ensure the compatibility of emergency actions with principles of fair competition;

30.  Warns against the effective suspension of the competition rules; stresses the need to scrutinise rescue operations in detail and ensure they are in conformity with Treaty provisions; requests the Commission to give a comprehensive ex post report to Parliament and to Member States' parliaments on the application of competition rules in each individual case in its next annual Competition Policy Report;

31.  Expresses concern at the ongoing contraction in economic activity in the European Union, which is forecast to extend into 2009; considers it appropriate that, in the framework of the competition rules, adequate response mechanisms, such as restructuring aid or the globalisation adjustment fund, are deployed to combat the growth and employment impact from the credit crisis;

32.  Urges the Commission to recognise the need to put in place mechanisms which minimise distortions of competition and the potential abuse of the preferential situations of beneficiaries brought about by State guarantees;

33.  Urges the Commission to enforce behavioural constraints on financial institutions in receipt of State aid in order to ensure that such institutions do not engage in aggressive expansion against the background of the guarantee to the detriment of competitors;

34.  Welcomes the significant reduction in the disparity of new car prices across the European Union which have come about since the implementation of the Motor Vehicle Block Exemption Regulation and looks forward to the Commission's evaluation of the effectiveness of that regulation;

35.  Welcomes the Commission's action in reducing telecoms roaming charges; notes, however, that prices are remaining just below the regulated price cap; calls for measures supporting pricing competition rather than regulating retail prices;

36.  Welcomes the contribution of the Commission's Directorate General for Competition to the White Paper on Sport, which, inter alia, draws attention to the established case law of the Court of Justice of the European Communities, and the decision-making practice of the Commission with respect to the application of Articles 81 and 82 of the EC Treaty to the sports sector;

37.  Invites the Commission to take greater account of the international dimension of its policies as regards the European Union's competitiveness on the global level and to demand respect for and the application of the reciprocity principle in trade negotiations;

38.  Considers it crucial that competition policy is adequately addressed in the framework of the negotiation of bilateral trade agreements; calls for the Directorate General for Competition to be actively involved in those negotiations in order to secure mutual recognition of competitive practices, particularly in the areas of State aid, public procurement, services, investment and trade facilitation;

39.  Urges the Commission to review the structure of its participation in the International Competition Network and at the European Competition Day in order to ensure that the public is more widely and better informed about the key importance of competition policy in underpinning economic growth and employment;

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

(1) OJ C 290 E, 29.11.2006, p. 97.
(2) OJ L 379, 28.12.2006, p. 5.
(3) OJ L 214, 9.8.2008, p. 3.
(4) OJ L 203, 1.8.2002, p. 30.
(5) OJ C 54, 4.3.2006, p. 13.
(6) OJ L 302, 1.11.2006, p. 10.
(7) OJ L 302, 1.11.2006, p. 29.
(8) OJ C 323, 30.12.2006, p. 1.
(9) OJ C 296 E, 6.12.2006, p. 263.
(10) OJ C 82, 1.4.2008, p. 1.
(11) OJ C 194, 18.8.2006, p. 2.
(12) OJ C 173, 8.7.2008, p. 3.
(13) OJ C 155, 20.6.2008, p. 10.
(14) OJ C 14, 19.1.2008, p. 6.
(15) OJ L 318, 17.11.2006, p. 17.
(16) Texts adopted, P6_TA(2008)0054.
(17) OJ C 210, 1.9.2006, p. 2.
(18) OJ C 298, 8.12.2006, p. 17.
(19) Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1).
(20) Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1).


Small Business Act
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European Parliament resolution of 10 March 2009 on the Small Business Act (2008/2237(INI))
P6_TA(2009)0100A6-0074/2009

The European Parliament,

–   having regard to the Commission Communication of 25 June 2008 entitled "Think Small First" - A "Small Business Act" for Europe (COM(2008)0394) and the accompanying Commission staff working document on impact assessment (SEC(2008)2102),

–   having regard to its resolutions of 30 November 2006 on Time to move up a gear - Creating a Europe of entrepreneurship and growth(1) and of 19 January 2006 on implementing the European Charter for Small Enterprises(2),

–   having regard to the 2715th Competitiveness Council Conclusions of 13 March 2006 on SME policy for growth and employment, and to the 2891st Competitiveness Council conclusions of 1 and 2 December 2008,

–   having regard to the opinion of the Committee of the Regions of 12 February 2009,

–   having regard to the opinion of the European Economic and Social Committee of 14 January 2009,

–   having regard to the 2008 good practice selection of the European Charter for Small Enterprises,

–   having regard to the Commission staff working document of 25 June 2008 entitled European code of best practices facilitating access by SMEs to public procurement contracts (SEC(2008)2193),

–   having regard to the Commission Communication of 8 October 2007 entitled Small, clean and competitive - A programme to help small and medium-sized enterprises comply with environmental legislation (COM(2007)0379),

–   having regard to the Commission Communication of 16 July 2008 on the Sustainable Consumption and Production and Sustainable Industrial Policy Action Plan (COM(2008)0397),

–   having regard to the Commission Communication of 16 July 2008 entitled An Industrial Property Rights Strategy for Europe (COM(2008)0465),

–   having regard to the opinions of the High Level Group of Independent Stakeholders on Administrative Burdens of 10 July 2008 on administrative burden reduction in the priority area of company law, and of 22 October 2008 on the reform of the rules on invoicing and electronic invoicing in Directive 2006/112/EC (VAT Directive),

–   having regard to Rule 45 of its Rules of Procedure,

–   having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Economic and Monetary Affairs, the Committee on the Internal Market and Consumer Protection, the Committee on Employment and Social Affairs, the Committee on Culture and Education, the Committee on Legal Affairs and the Committee on Women's Rights and Gender Equality (A6-0074/2009),

A.   whereas the 23 million small and medium-sized enterprises (SMEs) in the EU, accounting for around 99% of all enterprises and providing over 100 million jobs, play a fundamental role in contributing to economic growth, social cohesion and job creation, are a major source of innovation and are vital for sustaining and expanding employment,

B.   whereas SMEs have to be placed at the heart of all Community policies to enable them to develop and adapt to the demands of globalisation, to participate in the knowledge triangle and to adapt to environmental and energy challenges,

C.   whereas despite previous European Union initiatives, there has been little or no tangible improvement in the business environment for SMEs since 2000,

D.   whereas the overwhelming majority of SMEs are micro enterprises, craft businesses, family businesses and cooperatives which are the natural incubators of entrepreneurial culture and therefore play an important role in enhancing social inclusion and self-employment,

E.   whereas SMEs are not provided with sufficient support to defend themselves against unfair commercial practices that are conducted cross-border, such as those of misleading business directory companies,

F.   whereas, despite their differences, Europe's SMEs face many of the same challenges in realising their full potential, in areas such as relatively higher administration and compliance costs than larger enterprises, access to finance and markets, innovation and the environment,

G.   whereas, as a key contribution to achieving an SME-friendly environment, the perception of the role of entrepreneurs and risk-taking has to change: entrepreneurship and the associated willingness to take risk should be applauded by political leaders and the media, and supported by administrations,

H.   whereas SMEs, when initiating their processes of internationalisation, have to deal with specific problems, such as lack of international experience, scarcity of experienced human resources, a highly complex international regulatory framework, and the need to introduce changes in organisation and business culture,

I.   whereas Parliament has frequently noted with regret the lack of binding legal force of the European Charter for Small Enterprises which has undermined its genuine implementation and that of its 10 recommendations which have, for the most part, gone unheeded; whereas it consequently requested the Council to look into that matter, in its above-mentioned resolution of 19 January 2006,

General

1.  Supports warmly the above-mentioned Commission Communication of 25 June 2008, which aims to drive an ambitious policy agenda to promote SMEs" growth through the 10 guiding principles and to anchor the "Think Small First" approach in policy-making at all levels;

2.  Regrets, however, that the Small Business Act (SBA) is not a legally binding instrument; considers that its truly innovative aspect is its intention to place the "Think Small First" principle at the heart of Community policies; calls on the Council and the Commission to join Parliament in the effort to establish this principle as a binding rule, in a form to be determined, in order to ensure that it is properly applied in all future Community legislation;

3.  Emphasises the absolute necessity of implementing the 10 guiding principles at European, national and regional level; calls therefore on the Council and the Commission to make a strong political commitment to ensure proper implementation; urges the Commission and the Member States and to work in close cooperation with all relevant stakeholders to define the priorities and urgently implement, in particular at national level, the SBA Action Plan adopted by the Competitiveness Council on 1 December 2008, ensuring that all parties involved gain effective ownership of the guiding principles;

4.  Calls on the Commission to further enhance the visibility and awareness of SME-related policy actions through the bundling of existing Community instruments and funds for SMEs under a separate heading in the EU budget;

5.  Is strongly convinced that it is vital to introduce a follow-up mechanism to monitor the proper and speedy implementation of those policy initiatives which have already been launched; therefore calls on the Council to embed the actions to be taken at the level of Member States in the Lisbon process and to inform Parliament annually on the progress made;

6.  Calls on the Commission to set up a screening system for the monitoring of the progress achieved following implementation of the 10 guiding principles by the Commission and Member States; calls on the Commission to establish standard evaluation criteria for assessing the progress made; calls on the Member States to incorporate their first progress reports in their upcoming annual reports on the national reform programmes;

7.  Stresses the need to place particular emphasis on craft, family, micro- and individual enterprises at EU, national and regional level and urges the Commission and the Member States to take regulatory, administrative, fiscal and life-long learning measures specifically targeted at these enterprises; also calls for the acknowledgement of the specific characteristics of the liberal professions and the need to treat them in the same way as other SMEs except where this contradicts the existing law governing these professions; highlights the important role of SME associations for traders, craft businesses and other professions; calls on the Commission and the Member States to work together to improve the business environment for these industries and the legal framework for their professional and industry associations;

8.  Considers that the Commission's proposals lack a clear strategy for self-employed persons to improve their legal status and rights, particularly if their position is comparable with salaried employees; calls on the Commission to guarantee self-employed persons the right to agree standard tariffs, to organise themselves, and to conclude collective agreements, if their counterpart is a large principal with a dominant position, provided that this does not harm less powerful potential clients and does not cause market distortions;

9.  Urges the Commission and the Member States to provide targeted promotion measures and individual support such as information, advice and opportunities to access venture capital for business start-ups in the SME sector;

10.  Emphasises the need to develop a social and economic model that creates an appropriate security network for small and medium-sized entrepreneurs in the creative sector, where unstable working conditions are often encountered.

11.  Notes with regret that women face difficulties in establishing and maintaining businesses owing to factors such as information gaps, lack of contacts and access to networking, gender discrimination and stereotyping, weak and inflexible supply of childcare facilities, difficulties in reconciling business and family obligations, as well as differences in the way women and men approach entrepreneurship;

12.  Applauds the proposed introduction of a network of female entrepreneur ambassadors, mentoring schemes for women to set up their own businesses, and the promotion of entrepreneurship among female graduates; draws, however, attention to the fact that many enterprises are still gender-segregated, which is, and will for a long time be, a very serious problem, since as long as women are discriminated against in the labour market, the European Union loses able workers and entrepreneurs and as a consequence loses money; therefore believes that even more money should be invested in projects to endorse female entrepreneurs;

13.  Stresses that female entrepreneurship helps to attract women into the labour market and to improve their economic and social status; regrets, nonetheless, that there is a continuing gender gap in this area, in particular as regards pay, despite the strong interest shown for women, and that the percentage of female entrepreneurs in the European Union still remains low, partly as a result of the unacknowledged (for example, unpaid) and yet important contribution made by women in the day-to-day running of family SMEs;

14.  Urges the Commission and Member States to take into account the creative and cultural sector as a driver of economic and social development in the European Union – with a share of 2.6% of the GDP and 2.5% of the EU workforce; emphasises the importance of SMEs in stimulating the ICT sector and the creative industry;

15.  Emphasises that the creative sector is dominated by SMEs and is especially important in terms of safeguarding sustainable regional employment;

16.  Welcomes the Commission's planned introduction of a directive on reduced VAT rates for labour-intensive and locally supplied services, which are primarily provided by SMEs; stresses however that it must not lead to a distortion of competition and must not be ambiguous as to the services which are covered;

17.  Notes the need to ensure that SMEs have the ability to buy small, buy green and buy local, thus becoming more climate friendly and efficient;

18.  Welcomes the swift adoption of the general block exemption in respect of state aids, and of measures on the statute for a European private company and on reduced VAT rates;

19.  Welcomes the Commission proposal to reduce VAT rates for locally supplied services; calls on the Commission to take further action to relax state aid rules to encourage the provision of public procurement opportunities to local companies, in particular to local SMEs;

20.  Supports the idea to extend until 2012 the current exemption from the EC competition rules on state aid of film production and considers this as a great support to creative SMEs;

21.  Supports the new state aid rules laid down in Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation)(3) for exempting, under certain conditions, SMEs from notification rules;

22.  Notes that, despite the clear commitment made in the European Charter for Small Enterprises, the voice of SMEs remain muted within the context of the social dialogue; urges that this deficit is formally corrected by appropriate proposals within the context of the SBA;

23.  Sees a need, in the framework of the SBA, for greater emphasis to be given to the area of labour law, especially in view of the concept of flexicurity, which enables SMEs in particular to respond more quickly to changes in the market and therefore to guarantee a higher level of employment and the competitiveness of the company, including its international competitiveness, while taking into account the necessary social protection; in this connection refers to its resolution of 29 November 2007 on common principles of flexicurity(4);

24.  Furthermore, stresses the importance of labour law, and especially how its application to SMEs can be optimised, for example through better advice or the simplification of administrative procedures, and calls on the Member States to devote special attention to SMEs in connection with the specific approaches they adopt to flexicurity, including through active labour market policies, since SMEs have scope for greater internal and external flexibility owing to their low staffing levels but also need greater security for themselves and their workers; considers it essential that labour law, as one of the main pillars of flexicurity, provides a reliable legal basis for SMEs given the fact that these businesses often cannot afford a legal or human resources management department; points out that, according to Eurostat, 91.5% of European companies employed fewer than 10 people in 2003;

25.  Considers it necessary to introduce measures to combat undeclared work, which is indisputably a source of unfair competition for highly labour-intensive SMEs;

26.  Invites Member States to increase in the mainstream economy the inclusion of SMEs owned by underrepresented ethnic minorities, by developing supplier diversity programmes which aim to provide equal opportunities to underrepresented businesses competing with larger undertakings for contracts;

27.  Underlines the importance of a statute for a European Private Company as a new, additional legal form, provided that it is focused on SMEs that intend to engage in cross-border activities and cannot be abused by larger companies, to undermine and circumvent legal provisions in the Member States that foster a system of corporate governance that takes into account the interests of all stakeholders;

28.  Calls on public authorities, on the basis of the principle that access to information is a precondition for obtaining information itself, and considering the importance of the Internet as a vehicle in this regard, to simplify institutional websites as far as possible to enable users to pinpoint and better understand the support mechanisms being offered;

Boosting R&D and innovation

29.  Stresses the importance of innovation for SMEs and the difficulties in taking advantage of research opportunities; considers that national academies of science and research institutes could play a role in driving innovation and reducing barriers to research for SMEs; believes that the focus should not only be on high-tech innovation, but that low and middle level of technology and informal innovation should also be considered; considers that the European Institute for Innovation and Technology could have an important role in boosting R&D and innovation for SMEs; calls upon Member States to multiply initiatives that lower the threshold for SMEs to have access to research; is convinced that all Community research and technological programmes should be designed in a way that facilitates the cross-border participation of SMEs;

30.  Supports the Commission's initiative to improve access to the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013)(5);

31.  Calls on the Commission and the Member States to put in place better framework conditions aimed at creating an environment favourable to innovation by SMEs, in particular by introducing ways to improve the protection of intellectual property rights (IPR) and to fight against counterfeiting more effectively throughout the European Union; believes that well-balanced rules on IPR can offer protection whilst ensuring the flow and exchange of information and ideas; emphasises that SMEs need support to access IPR protection, to uphold these rights with the assistance of the relevant IPR authorities and also to use their IPR to attract finance;

32.  Calls on the Commission and the Member States to demand that their commercial partners apply the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) more strictly and to make whatever efforts may be necessary for the adoption of bilateral, regional or multilateral agreements to combat counterfeiting and piracy, such as the Anti-Counterfeiting Trade Agreement (ACTA);

33.  Takes the view that the full potential of e-commerce for SMEs is not yet fully exploited and that there is still much to be done to achieve a Single European Electronic Market for products and services where SMEs could play a leading role in the further integration of the EU markets;

34.  Considers that the participation of SMEs in clusters must be promoted in order to boost innovation and increase the competitiveness of the EU economy; calls therefore on the Commission to support the improvement of cluster management, notably through the exchange of best practices and training programmes, to design and disseminate tools to assess the performance of clusters, to promote inter-cluster cooperation, and to further simplify administrative procedures for the participation of clusters in EU programmes;

35.  Calls for the SBA to take account of cooperative arrangements among SMEs (buying and marketing groups), since such groups have been shown to be less at risk of insolvency than individual enterprises;

36.  Is strongly convinced that patents play an important role in innovation and economic performance, since they enable innovators to capture the returns from innovative investments and provide the necessary security for investment, equity and loans; is therefore of the opinion that a swift agreement should be reached on a Community Patent ensuring low-cost, efficient, flexible and high-quality legal protection, adapted to the needs of SMEs, as well as on a harmonised European patent litigation system;

37.  Stresses the need to promote innovative and pre-commercial public procurement, since it leads to added value for contracting authorities, citizens, and participating undertakings; calls on Member States to increase the share of innovative public procurement and the participation of innovative SMEs in public procurement procedures; calls on the Commission to facilitate the dissemination of best practices in this field, for example regarding tender criteria and procedure and arrangements for risk and knowledge sharing;

38.  Takes the view that for international public procurement, where new technologies allow for cross-border e-commerce, new forms of, for example, combinatorial auctions for SME-consortia and online publication and advertising tenders allow for significant increases of procurement trade not only within the European Union but globally to encourage cross-border e-commerce;

39.  Draws attention to the need for sufficient technical and skilled personnel; therefore, believes that more investment is needed in education and that the links between educational institutions and SMEs should be strengthened, so that the promotion of self-employment, entrepreneurship culture and business awareness is included in the national education curricula; encourages the further extension of individual mobility schemes such as "Erasmus for young entrepreneurs" and "Erasmus for apprentices", in particular in relation to female participation; supports the envisaged extension of the scope of the Leonardo da Vinci programme and the creation of a European Credit System for Vocational Education and Training; urges the Member States, in collaboration with social partners and training providers, to set up work-based vocational and occupational (re)training and lifelong learning programmes specifically tailored to SMEs" needs that will be co-financed by the European Social Fund; calls on the Commission to facilitate exchange of best practices in innovative training and measures to reconcile work and family life and to promote gender equality;

40.  Stresses the importance of encouraging young entrepreneurs and female entrepreneurs through, amongst other things, the introduction of tutoring and mentoring programmes; points out that an increasing number of women and young entrepreneurs work in SMEs, albeit primarily still in the smallest businesses (micro-businesses), and remain vulnerable to the adverse effects of stereotyping and prejudice in connection with business transfers and successions, especially in the case of family businesses; calls therefore on Member States, taking account of the impact of the ageing population, to implement suitable policies and mechanisms, in particular by introducing diagnostic, information, advisory and support tools for business transfers;

41.  Points out that the Seventh Framework Programme contains a financial risk sharing mechanism which should enable access to be facilitated to loans from the European Investment Bank (EIB) for large-scale projects; calls on the Commission to assess SME recourse to that mechanism, and consequently to introduce any necessary proposals;

42.  Welcomes the launching of a single European network integrating the services currently provided by Euro Info Centres and Innovation Relay Centres in order to support SMEs in all their innovation and competitiveness efforts through a wide range of services;

43.  Calls on the Commission to assess SME participation in the Competitiveness and Innovation Framework Programme(6) and to bring forward any necessary proposals;

Ensure funding and access to finance

44.  Points out that the main source of funding for SMEs in Europe comes from their own activity and from credits and loans from financial institutions; notes that SMEs are perceived as higher-risk which hampers their access to finance; calls for a combined effort on the part of financial institutions, the Commission and the Member States to ensure SMEs" access to finance and to offer them the possibility of consolidating their capital by reinvesting their profit in the company; believes that payment of charges prior to SMEs commencing activities should not be required in order to ensure that they are able to build up their own funds and resources; in this respect, points to the urgency of the current financial situation and the need for immediate action;

45.  Calls on the Commission and Member States to step up their efforts to promote and provide information on the existence of European funds and state aids intended for SMEs, and to make these two instruments both more accessible and more easily understandable;

46.  Calls on the Member States to create better conditions allowing SMEs to invest in skills training, not least through direct tax cuts and compensation arrangements between tax authorities and the European Union;

47.  Recognises that the Member States' taxation system can be a deterrent to the transfer of businesses, in particular family businesses, increasing the risk of liquidation or closure of the company; calls, therefore, on Member States to review carefully their legal and fiscal framework to improve the conditions for transfer of businesses, especially in cases of owner retirement or illness; is convinced that such improvement will facilitate the continuation of the activities of businesses, in particular family businesses, preservation of jobs and reinvestment of profit;

48.  Is very satisfied with the recent alignment between the cohesion policy and the Lisbon Strategy; believes that by directing regional funds more towards entrepreneurship, research and innovation, considerable funds could become available at local level to enhance business potential;

49.  Stresses that dynamic financial markets are essential for the financing of SMEs and underlines the need to open up European risk capital markets by improving the availability of and access to venture capital, mezzanine finance and micro-credit; for this reason considers that, in normal circumstances, SMEs should have access to credit provided by actors on the capital markets that can assess their prospects and cover their needs more effectively;

50.  Supports the decision taken by the Council and the EIB to adopt a series of reforms to broaden SME finance products by the EIB group as well as offer a substantial development of its global loans to its banking partners, both in quantitative and qualitative terms;

51.  Stresses that SMEs" limited ability to access finance is a major impediment to their creation and growth; welcomes, in this respect, the EIB's decision to boost by an additional EUR 30 000 million the funding available for guarantees and other financial instruments for SMEs; calls on the EIB to devise new forms of financial instruments and tangible new solutions to tackle the obstacles that collateral presents to accessing credit; also calls on the Member States, in the light of the current economic crisis, to encourage banks to guarantee SMEs access to credit on reasonable terms;

52.  Applauds the recent initiative for a Joint Action to Support Micro-finance Institutions in Europe (JASMINE), which will be beneficial for business start-ups, and in particular will promote youth and female entrepreneurship; calls on Member States, in cooperation with SME organisations and lending institutions to take a proactive role in providing information on access to and application for microcredits and alternative forms of finance;

53.  Emphasises the important role of the EIB and the European Investment Fund (EIF) in improving financing available to SMEs, particularly given the current financial turmoil and its repercussions on the credit market; invites the Commission and Member States to investigate further how current banking rules and other financial regulations, including the transparency of credit ratings, could be improved to ease access to finance for SMEs; calls on the Commission in cooperation with Member States and the EIB to establish the right framework conditions for the development of a pan-European venture capital market;

54.  Points out that one in four cases of failure of SMEs is due to late payments, in most cases on the part of public administrations; emphasises that the present ´credit crunch´ may disproportionally affect SMEs as larger customers put pressure on smaller suppliers to grant extended payment terms; in this respect, welcomes the Commission's proposal to review Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions(7) and calls on the Member States to improve the payment culture in their public administrations; urges the creation at Community level of a harmonised time limit for payments, possibly shortened for payments to SMEs, and penalties for exceeding this limit;

55.  Welcomes the measures proposed in the SBA seeking to improve the supply of capital to SMEs; calls in particular, in the light of the financial crisis, for tried and tested state SME support programmes to be expanded and/or continued and for their support to be extended to financial intermediaries;

56.  Notes the enormous potential of the EU Competitiveness and Innovation Framework Programme in correcting market failures in SME financing, in promoting eco-innovation and in supporting entrepreneurial culture;

Improving market access

57.  Points out that standardisation can lead to innovation and competitiveness by facilitating access to markets and by enabling interoperability; calls on the Commission to improve access to standards for SMEs and their participation in the standardisation process; encourages the Commission to further promote Community standards internationally;

58.  Stresses the importance of involving, as fully as possible, the Enterprise Europe Network, the national project management authorities, the chambers of commerce and industry and the public authorities in the promotion at local level of the opportunities offered by the EU programmes for research, development and innovation and by the EU Structural Funds, including the Community initiative on Joint European Resources for Micro to Medium Enterprises (JEREMIE);

59.  Notes that public procurement covers around 17% of EU GDP; calls on the Commission and Member States to strengthen SME access to and participation in public procurement by using the opportunities presented in the above-mentioned European code of best practices facilitating access by SMEs to public procurement contracts through inter alia:

   making more use of e-procurement,
   adapting the size of contracts,
   alleviating the administrative and financial burden in tendering,
   providing relevant and proportionate qualification criteria in specific tenders,
   enhancing access to information on public tenders for SMEs,
   harmonising required documents;

60.  Encourages, furthermore, Member States to take the following steps:

   to require contracting authorities to justify the non-splitting of contracts,
   to extend the possibility of responding as a consortium to public calls for tender,
   to make the requirement to pay advances general practice for all public procurement contracts;

61.  Notes that there is a need for a system consultancy service that would assist the everyday operation of SMEs during their whole lifecycle with the aim of optimising their investments;

62.  Considers that advanced e-business applications, based on the implementation of interoperable electronic signatures and authentication certificates, is a crucial driver of SME competitiveness and should be encouraged by the Commission and the Member States;

63.  Underlines the importance of the internal market for SMEs, and notes that promoting SME access to the internal market should be a priority;

64.  Recognises that there are still certain restrictions on the ability of SMEs to fully exploit advantages offered by the internal market; therefore notes that both the legal and political framework of the internal market should be improved to facilitate cross-border operation by SMEs; also notes that a clear regulatory environment would offer SMEs increased incentives to trade in the internal market; considers that Member States should set up single points of contact and web portals;

65.  Underlines that improved information on market access and export opportunities within the Single Market is essential at both national and EU levels; calls therefore on the Commission and the Member States and to strengthen information and advisory services, in particular the SOLVIT problem-solving network;

66.  Supports calls for the provision of advisory services by Member States to help SMEs defend themselves against unfair commercial practices, such as those of misleading business directory companies, which should strengthen SMEs' confidence to operate cross-border; emphasises the importance of the Commission's role both in facilitating the coordination of, and in cooperating with, such advisory services to ensure the appropriate and efficient handling of cross-border complaints; insists, however, that in the event that such soft measures do not produce results, the Commission should be ready to initiate the appropriate legislative changes which would provide SMEs with similar protection to consumers where they are the weaker party in such transactions;

67.  Points out that only 8% of all SMEs are involved in cross-border activities, which curtails possibilities for growth; considers that it is essential to boost the internal market; believes that Member States should cooperate in harmonising administrative requirements that affect intra-Community activities; calls on the Member States swiftly to transpose and implement the Services Directive(8) paying special attention to the interests of SMEs and also encourages the swift adoption of the statute for a European Private Company;

68.  Believes that there should be a common consolidated basis for company taxation; calls for the establishment of a 'one-stop-shop' for VAT in order to make it possible for entrepreneurs to fulfil their responsibilities in the business country of origin;

69.  Calls on the Commission to continuously enhance the framework requirements for the access of SMEs to foreign markets and to support the provision of information; encourages the setting up of European business support centres in China and India, and in all emerging markets, in close cooperation with national business support centres already operating there; because poor SME participation in cross border activities can also be explained by the lack of language skills and multicultural competences, greater means of action are needed in order to achieve this challenge; recalls nevertheless that SMEs need better access to information and qualified advice in their home country;

70.  Stresses the importance of progress in trade negotiations which would further reduce regulatory barriers to trade, which effect SMEs disproportionately;

71.  Calls on the Commission to include in its work programme the incorporation of equal treatment for SMEs in the rules of the WTO on access to public procurement contracts; calls on the Commission to pay particular attention to the problems encountered by SMEs with customs formalities, in particular by facilitating the adaptation of their computer systems as cheaply as possible to those used by national customs authorities, and by simplifying the arrangements for access to the status of economic operator;

Fighting bureaucracy and red-tape

72.  Believes that there is an imperative need to cut red tape by at least 25% where possible and to put in place a modern administration adapted to the needs of SMEs; therefore, encourages the promotion of ICT knowledge among SMEs, in particular among young and female entrepreneurs, and the better use of digital technology to enable them to save time and money and to devote the resulting resources to their development; calls on the Commission and the Member States to take initiatives in order to exchange and promote best practices, set benchmarks, and elaborate and promote guidelines and standards for SME-friendly administrative practices; is convinced that it is also imperative in the near future to implement the proposals of the High Level Group of Independent Stakeholders on Administrative Burdens with a view to achieving the reduction target without risking access to finance for SMEs;

73.  Believes that SMEs, and in particular micro-enterprises, should be taxed in a way that reduces administrative efforts as far as possible, in such a way as to facilitate the start-up phase and encourage innovation and investment throughout their lives;

74.  Emphasises the fundamental importance of evaluating the impact of future legislative initiatives on SMEs; therefore calls for mandatory, systematic and targeted impact assessments for SMEs, a so called "SME test", the results of which should be subject to an independent evaluation that should be made available to the EU legislative bodies; believes that specific attention should be paid to the impact, including the administrative burden, on small and micro enterprises; urges the Commission to apply the SME test to all new proposals for EU legislation affecting business including simplification of existing legislation and withdrawals of pending proposals; encourages Member States to introduce similar SME tests at national level;

75.  Is of the opinion that any new legislation, for example to avoid delays in the field of payments, copyright, company law or competition law (such as the rules adopted to facilitate obtaining data litigation concerning anti-competitive behaviour or that arising from the State aid General block exemption Regulation), should be formulated in such a way so as not to discriminate against SMEs but, rather, to support them and the provision of their services across the internal market;

76.  Stresses the need for proper and timely involvement of SMEs in policy making; therefore, believes that the Commission's consultation period should be extended to at least 12 weeks from the date on which the consultation is available in all Community languages; recognises the essential and valuable role of representative business organisations, therefore, calls on the Commission wherever relevant, to integrate SMEs and their representative organisations directly into advisory expert committees and high level groups;

77.  Calls on the Commission to stimulate simplification and harmonisation of company law and, in particular, accounting rules within the internal market in order to reduce the administrative burden for SMEs and increase the transparency for all relevant stakeholders; urges the Commission to promote strongly the use of new technology such as eXtensible Business Reporting Language (XBRL) by presenting a roadmap for introducing XBRL reporting in the European Union with a view to making it mandatory within a reasonable time frame and to promote and support wide use of this open standard;

78.  Encourages the setting up of a "statistics holiday" for micro enterprises, granting them temporary exemptions from mandatory statistical surveys, the broad application of the "only once" principal with regard to information provided by undertakings to public authorities, and the further development of e-government;

79.  Stresses the need for the introduction of common commencement dates for new Community legislation affecting SMEs; calls on the Member States and SME associations to inform SMEs concisely and comprehensibly of changes to legislation affecting them;

80.  Encourages Member States in co-operation with SME organisations to set up, building on existing structures such as the Enterprise Europe Network and Europe Direct offices, national dedicated physical or electronic information contact points and support agencies for SMEs in line with the 'one-stop shop" principle, offering access to various sources of information and support services, structured according to the life cycle of a business;

81.  Recognises the difficulty of setting up a new business as a result of the diversity of systems established in the various Member States; therefore considers it necessary to establish a unified system for setting up businesses in which the process is carried out step-by-step and it is possible for a business to be created in 48 hours;

82.  Reiterates that the financial rules governing Community programmes often still lead to unnecessarily bureaucratic, long and costly procedures particularly for SMEs; calls on the Commission to revitalise the Observatory of European SMEs, to publish data on their participation in each Community programme, accompanied by a benefit analysis, and consequently submit proposals on increasing their participation; calls on the Commission to enhance the role and visibility of the respective SME designates in the different policy areas; furthermore, encourages all initiatives allowing the development of an "SME spirit" in policy making within public authorities, such as the Commission's "Enterprise Experience Programme" which allows European civil servants to familiarise themselves with SMEs;

83.  Deplores Member States' practice of 'gold plating', which is particularly harmful for SMEs, and calls upon the Commission to investigate what further measures might be taken to prevent it; calls for follow-up impact assessments, analysing how decisions are in fact implemented in Member States and at local level;

84.  Calls for a special EU website for SMEs which shall contain information and application forms for EU projects, national telephone numbers, links to partners, trade information, information on research projects as well as internet consultation, briefings and information about new regulation;

85.  Calls on the Commission to undertake, with Member States, work on the harmonisation of the application forms which must be completed by enterprises in application and tendering processes;

86.  Welcomes the Best Idea for Red Tape Reduction Award for the public authorities that have delivered innovative red tape reduction measures at a local, regional or national level;

87.  Calls for 30 days payment from EU cohesion funds to those projects which have already been approved, so as to ensure the continued progress, survival and effect of those projects;

Turning sustainability into business

88.  Recognises that efforts to improve sustainability could become an important source of (eco-) innovation and a key asset for industry's competitiveness; draws attention to the fact that SMEs are often not sufficiently aware of new energy efficient and environmentally friendly solutions or do not have the necessary financial resources to acquire them; therefore, invites the Commission to investigate how the Community could help SMEs to become more resource and energy efficient;

89.  Reiterates the importance accorded to the corporate social responsibility of small-scale businesses, which necessitates horizontal links, networks and services; considers it ineffective to refer to the European Environmental Management and Audit system certification, both because this will detract from existing certificates, and because it links in solely with the environmental challenge;

90.  Welcomes recent initiatives to assist SMEs in coping with environmental legislation, by inter alia granting them reduced agency fees, ensuring their access to information on environmental standards or introducing specific exemptions from Community legislation;

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91.  Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.

(1) OJ C 316 E, 22.12.2006, p. 378.
(2) OJ C 287 E, 24.11.2006, p. 258.
(3) OJ L 214, 9.8.2008, p. 3.
(4) OJ C 297 E, 20.11.2008, p. 174.
(5) OJ L 412, 30.12.2006, p. 1.
(6) Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Competitiveness and Innovation Framework Programme (2007 to 2013) (OJ L 310, 9.11.2006, p. 15).
(7) OJ L 200, 8.8.2000, p. 35.
(8) Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).

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