Index 
Texts adopted
Tuesday, 8 October 2013 - StrasbourgFinal edition
EU-Ukraine Cooperation Agreement: Civil Global Navigation Satellite System (GNSS) ***
 Mobilisation of the European Globalisation Adjustment Fund: application EGF/2011/025 IT/Lombardy – Italy
  Resolution
  Annex
 Mobilisation of the European Globalisation Adjustment Fund: application EGF/2012/008 IT/De Tomaso Automobili – Italy
  Resolution
  Annex
 Corruption in the public and private sectors: the impact on human rights in third countries
 Forward policy planning: budgetary implications for capacity-building
 Private international law and employment
 Flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement on the Maritime Labour Convention ***I
  Resolution
  Consolidated text
 Manufacture, presentation and sale of tobacco and related products ***I
 EU-Mauritania fishing opportunities and financial contribution protocol ***
 Gendercide: the missing women?
 Budgetary constraints for regional and local authorities regarding the EU’s Structural Funds
 Comprehensive EU fishery strategy in the Pacific region
 Fisheries restrictions and jurisdictional waters in the Mediterranean and Black Sea – conflict resolution

EU-Ukraine Cooperation Agreement: Civil Global Navigation Satellite System (GNSS) ***
PDF 192k   DOC 33k
European Parliament legislative resolution of 8 October 2013 on the draft Council decision on the conclusion of the Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and Ukraine (06373/2013 – C7-0070/2013 – 2012/0274(NLE)) (Consent)
P7_TA(2013)0391 A7-0298/2013

The European Parliament,

–   having regard to the draft Council decision (06373/2013),

–   having regard to the draft cooperation agreement between the European Union and Ukraine (13242/2005),

–   having regard to the request for consent submitted by the Council in accordance with Article 172 and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7‑0070/2013 ),

–   having regard to Rules 81, 90(7) and 46(1) of its Rules of Procedure,

–   having regard to the recommendation of the Committee on Industry, Research and Energy (A7-0298/2013 ),

1.   Consents to the conclusion of the Agreement;

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


Mobilisation of the European Globalisation Adjustment Fund: application EGF/2011/025 IT/Lombardy – Italy
PDF 287k   DOC 47k
Resolution
Annex
European Parliament resolution of 8 October 2013 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/025 IT/Lombardia from Italy) (COM(2013)0470 – C7-0206/2013 – 2013/2138(BUD) )
P7_TA(2013)0392 A7-0294/2013

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2013)0470 – C7‑0206/2013 ),

–   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 (IIA of 17 May 2006)(1) , and in particular point 28 thereof,

–   having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (EGF Regulation)(2) ,

–   having regard to the trilogue procedure provided for in point 28 of the IIA of 17 May 2006,

–   having regard to the letter of the Committee on Employment and Social Affairs,

–   having regard to the letter of the Committee on Regional Development,

–   having regard to the report of the Committee on Budgets (A7-0294/2013 ),

A.   whereas the Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market;

B.   whereas the scope of the European Globalisation Adjustment Fund (EGF) was broadened for applications submitted from 1 May 2009 to 31 December 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis;

C.   whereas the Union’s financial assistance to workers made redundant should be dynamic and made available as quickly and as efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 17 May 2006 in respect of the adoption of decisions to mobilise the EGF;

D.   whereas Italy submitted application EGF/2011/025 IT/Lombardia for a financial contribution from the EGF, following 529 redundancies in Lombardia with 480 workers targeted for EGF co-funded measures, during the reference period from 20 March 2011 to 20 December 2011;

E.   whereas the application fulfils the eligibility criteria set up by the EGF Regulation;

1.   Agrees with the Commission that the conditions set out in Article 2(b) of the EGF Regulation are met and that Italy is therefore entitled to a financial contribution under that Regulation;

2.   Notes with regret that the Italian authorities submitted the application for the EGF financial contribution on 30 December 2011 and that its assessment was made available by the Commission on 28 June 2013; regrets the lengthy evaluation period of 18 months;

3.   Notes that Lombardia, Italy's most prosperous region, producing one fifth of Italy's GDP, needs to tackle major structural challenges aggravated by the economic and financial crisis; welcomes the fact that Lombardia for the second time avails of the EGF to help deal with economic and social difficulties;

4.   Calls on the Italian authorities to use the EGF support to its full potential and to encourage the maximum number of workers to participate in the measures; recalls that early EGF interventions in Italy suffered from a relatively low rate of budget implementation, mainly due to low participation rates;

5.   Stresses that the Commission has already recognised the impact of the economic and financial crisis on the information and communications technology (ICT) sector and that the EGF has supported workers dismissed in this sector (cases: EGF/2011/016 IT/Agile and EGF/2010/012 NL/Noord Holland);

6.   Notes that the Italian ICT sector has been suffering from strong competition from low-cost countries over the past decade; acknowledges the need to reorganise the sector because of the rapid emergence of new technologies such as cloud computing, various types of e-services and social networks, which have been recognised as a challenge for some years; notes that the digital gap between Italy and leading European countries, as well as other countries in the world, has further widened because of the economic slow-down caused by the crisis; notes that all of those developments have led to the downsizing of ICT personnel in Italian businesses since 2009;

7.   Welcomes the fact that in order to provide workers with timely assistance, the Italian authorities decided to initiate the implementation of the personalised measures on 1 March 2012, well ahead of the final decision on granting EGF support for the proposed coordinated package;

8.   Notes that in order to limit the social impact of the dismissals in the ICT sector, extensive use was made of social safety nets such as the wage compensation fund (CIG) which provided financial benefits to workers as compensation for salary payments; notes with satisfaction that the Italian authorities have not requested any EGF support to finance subsistence allowances;

9.   Notes that the coordinated package of personalised services to be co-funded includes measures for the reintegration of 480 workers into employment such as interview techniques, profiling of skills, pathway definition, monitoring, coordination and management of the personal intervention plan, tutoring and occupational guidance, exploration of job opportunities with new employers, matching of skills and jobs, mentoring during the first phase of a new employment, advice and support towards self-employment and tutoring and support during traineeship;

10.   Notes that training and re-training measures are not included in the coordinated package of personalised services given the fact that those measures will be financed through regional sources;

11.   Welcomes the fact that the social partners, and in particular trade unions at local level (CGIL, CISL, UIL, CISAL)(3) , were consulted on the design of the measures of the coordinated EGF package; notes that a policy of equality between women and men, as well as the principle of non-discrimination, will be applied during the various stages of the implementation of and access to the EGF;

12.   Recalls the importance of improving the employability of all workers by means of adapted training and the recognition of skills and competences gained throughout a worker's professional career; expects the training on offer in the coordinated package to be adapted not only to the needs of the dismissed workers but also to the actual business environment;

13.   Notes that the coordinated package of personalised services, after consultation with the social partners, contains measures relating to career advice and planning, mentoring, matching of skills and jobs as well as support for self-employment and traineeship;

14.   Notes that the information provided on the coordinated package of personalised services to be funded from the EGF includes information on complementarity with actions funded by the Structural Funds; stresses that the Italian authorities confirm that the eligible actions do not receive assistance from other Union financial instruments; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports in order to ensure full respect of the existing regulations and that no duplication of Union-funded services can occur;

15.   Requests that the institutions involved make the necessary efforts to improve procedural arrangements in order to accelerate the mobilisation of the EGF; appreciates the improved procedure put in place by the Commission, following Parliament's request for the accelerated release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be integrated and that greater efficiency, transparency and visibility of the EGF will be achieved;

16.   Stresses that in accordance with Article 6 of the EGF Regulation, it shall be ensured that the EGF supports the reintegration of individual redundant workers into stable employment; stresses, furthermore, that EGF assistance can co-finance only active labour market measures which lead to durable, long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements nor measures restructuring companies or sectors;

17.   Welcomes the agreement reached in the Council on reintroducing in the EGF regulation, for the period 2014-2020, the crisis mobilisation criterion, which allows for the provision of financial assistance to workers made redundant as a result of the current financial and economic crisis in addition to those losing their job because of changes in global trade patterns;

18.   Approves the decision annexed to this resolution;

19.   Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union ;

20.   Instructs its President to forward this resolution, including its annex, to the Council and the Commission.

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/025 IT/Lombardia from Italy)

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2013/526/EU.)

(1) OJ C 139, 14.6.2006, p. 1.
(2) OJ L 406, 30.12.2006, p. 1.
(3) CGIL (Confederazione generale italiana del lavoro), CISL (Confederazione italiana sindacati lavoratori), UIL (Unione italiana del lavoro), CISAL (Confederazione Italiana Sindacati Autonomi Lavoratori)


Mobilisation of the European Globalisation Adjustment Fund: application EGF/2012/008 IT/De Tomaso Automobili – Italy
PDF 288k   DOC 49k
Resolution
Annex
European Parliament resolution of 8 October 2013 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2012/008 IT/De Tomaso Automobili from Italy) (COM(2013)0469 – C7-0207/2013 – 2013/2139(BUD) )
P7_TA(2013)0393 A7-0292/2013

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2013)0469 – C7‑0207/2013 ),

–   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) (IIA of 17 May 2006), and in particular point 28 thereof,

–   having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund(2) (EGF Regulation),

–   having regard to the trilogue procedure provided for in point 28 of the IIA of 17 May 2006,

–   having regard to the letter of the Committee on Employment and Social Affairs,

–   having regard to the letter of the Committee on Regional Development,

–   having regard to the report of the Committee on Budgets (A7-0292/2013 ),

A.   whereas the Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market;

B.   whereas the scope of the European Globalisation Adjustment Fund (EGF) was broadened for applications submitted from 1 May 2009 to 31 December 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis;

C.   whereas the Union’s financial assistance to workers made redundant should be dynamic and made available as quickly and as efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 17 May 2006 in respect of the adoption of decisions to mobilise the EGF;

D.   whereas Italy submitted application EGF/2012/008 IT/De Tomaso Automobili for a financial contribution from the EGF, following 1030 redundancies in De Tomaso Automobili S.p.A. with 1010 workers targeted for EFG co-funded measures, during the reference period from 5 July 2012 to 28 August 2012;

E.   whereas the application fulfils the eligibility criteria set up by the EGF Regulation;

1.   Agrees with the Commission that the conditions set out in Article 2(a) of the EGF Regulation are met and that Italy is, therefore, entitled to a financial contribution under that Regulation;

2.   Notes that the Italian authorities submitted the application for EGF financial contribution on 5 November 2012 and that its assessment was made available by the Commission on 28 June 2013; welcomes the relatively quick evaluation period of 7 months;

3.   Notes that the 1 030 redundancies in De Tomaso Automobili S.p.A., an autombile manufacturer in Italy, were caused by changes in the geographical patterns of consumption; notes that rapid growth in Asian markets from which Union producers are less able to benefit, being traditionally less well positioned in those markets than elsewhere, together with the tightening of credit which followed the economic and financial crisis, has put an extra burden on the enterprise which was unable to find a profitable solution and entered into liquidation proceedings in April 2012;

4.   Stresses that the Commission has already recognised the impact of the economic and financial crisis on the automotive sector and that this sector had the largest number of applications (16) for EGF support, of which 7 are based on trade related globalisation(3) ;

5.   Calls on the Italian authorities to use the EGF support to its full potential and to encourage the maximum number of workers to participate in the measures, recalls that early EGF interventions in Italy suffered from a relatively low rate of budget implementation mainly due to low participation rates;

6.   Emphasises the fact that the De Tomaso Automobili redundancies are spread across the regions of Piemonte and Toscana, and in particular the provinces of Torino and Livorno where the production plants of De Tomaso Automobili S.p.A. were located;

7.   Welcomes the fact that in order to provide workers with timely assistance, the Italian authorities decided to initiate the implementation of the personalised measures on 15 January 2013, well ahead of the final decision on granting EGF support for the proposed coordinated package;

8.   Notes that the dismissals were covered by the wage compensation fund (CIG), an Italian social safety net, which provided financial benefits to workers as compensation for salary payments; notes, however, that the Italian authorities have requested EGF support in order to finance subsistence allowances, in addition to the usual welfare payments made available under Italian labour law for the unemployed;

9.   Recalls that the EGF should in the future be primarily allocated to training and job searches, as well as occupational orientation programs; notes that its financial contribution to allowances should always be of an additional nature and in parallel with what is available to dismissed workers by virtue of national law or collective agreements; recalls in this context the conclusion of the Court of Auditors in Special Report No 7/2013 on the EGF that "one third of EGF funding compensates national workers' income support schemes, with no EU added value" and the recommendation that such measures should be limited in the future;

10.   Notes that the coordinated package of personalised services to be co-funded includes measures for the reintegration of 1 010 workers into employment such as vocational guidance, outplacement and job search assistance, training, re-training and vocational training, accompanying measures towards business creation, contribution to business start-up, hiring benefit, job-search allowance, contributions towards special expenses such as contribution for carers of dependent persons and contributions to commuting expenses;

11.   Welcomes the fact that the social partners, and in particular trade unions at local level, were consulted on the design of the measures of the coordinated EGF package; notes that a policy of equality between women and men as well as the principle of non-discrimination will be applied during the various stages of the implementation of and access to the EGF;

12.   Welcomes the fact that the social partners were consulted on the design of the package; welcomes the fact that a steering committee will monitor the implementation of the package;

13.   Recalls the importance of improving the employability of all workers by means of adapted training and the recognition of skills and competences gained throughout a worker's professional career; expects the training on offer in the coordinated package to be adapted not only to the needs of the dismissed workers but also to the actual business environment;

14.   Calls on the Member States to include in future applications the following information concerning the training measures to be supported by EGF: types of training provided, in which sectors training is provided, if the offer matches the anticipated skills needs in the region/locality and if is aligned with the future economic prospects of the region;

15.   Notes that the information provided on the coordinated package of personalised services to be funded by the EGF includes information on complementarity with actions funded by the Structural Funds; stresses that the Italian authorities confirm that the eligible actions do not receive assistance from other Union financial instruments; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports in order to ensure full respect of the existing regulations and guarantee that no duplication of Union-funded services can occur;

16.   Requests that the institutions involved make the necessary efforts to improve procedural arrangements to accelerate the mobilisation of the EGF; appreciates the improved procedure put in place by the Commission, following Parliament's request for the accelerated release of grants, aimed at presenting to the budgetary authority the Commission's assessment on the eligibility of an EGF application together with the proposal to mobilise the EGF; hopes that further improvements in the procedure will be integrated in the new Regulation on European Globalisation Adjustment Fund (2014–2020) and that greater efficiency, transparency and visibility of the EGF will be achieved;

17.   Stresses that, in accordance with Article 6 of the EGF Regulation, it shall be ensured that the EGF supports the reintegration of individual redundant workers into stable employment; stresses, furthermore, that EGF assistance can co-finance only active labour market measures which lead to durable, long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements, nor measures restructuring companies or sectors;

18.   Approves the decision annexed to this resolution;

19.   Welcomes the agreement reached in the Council on reintroducing in the EGF regulation, for the period 2014-2020, the crisis mobilisation criterion, which allows for the provision of financial assistance to workers made redundant as a result of the current financial and economic crisis in addition to those losing their job because of changes in global trade patterns;

20.   Instructs its President to sign the decision with the President of the Council and to arrange for its publication in the Official Journal of the European Union ;

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

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2012/008 IT/De Tomaso Automobili from Italy)

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2013/514/EU.)

(1) OJ C 139, 14.6.2006, p. 1.
(2) OJ L 406, 30.12.2006, p. 1.
(3) EGF/2012/008 De Tomaso Automobili (the case object of this proposal for decision), EGF/2012/005 Saab Automotive COM(2012)0622 , EGF/2009/013 Karmann COM(2010)0007 , EGF/2008/004 Castilla y Leon Aragon COM(2009)0150 , EGF/2008/002 Delphi CMO(2008)0547, EGF/2007/010 Lisboa Alentejo COM(2008)0094 , EGF/2007/001 PSA Suppliers COM(2007)0415 .


Corruption in the public and private sectors: the impact on human rights in third countries
PDF 256k   DOC 90k
European Parliament resolution of 8 October 2013 on corruption in the public and private sectors: the impact on human rights in third countries (2013/2074(INI) )
P7_TA(2013)0394 A7-0250/2013

The European Parliament,

–   having regard to the United Nations Convention against Corruption (UNCAC), opened for signature in Merida on 9 December 2003,

–   having regard to the Charter of the United Nations,

–   having regard to the International Covenant on Civil and Political Rights,

–   having regard to the International Covenant on Economic, Social and Cultural Rights,

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

–   having regard to the Organisation for Economic Co-operation and Development (OECD) Convention on Combating the Bribery of Foreign Public Officials in International Business Transactions, opened for signature in Paris on 17 December 1997, and to the recommendations supplementing it,

–   having regard to the Joint Communication of the High Representative of the Union for Foreign Affairs and Security Policy and the Commission to the European Parliament and the Council of 12 December 2011 on ‘Human Rights and Democracy at the Heart of EU External Action – Towards a more effective approach’ (COM(2011)0886 ),

–   having regard to the EU Strategic Framework on Human Rights and Democracy and the EU Action Plan on Human Rights and Democracy as adopted at the 3179th Foreign Affairs Council meeting of 25 June 2012,

–   having regard to the Commission communication to the Council and the European Parliament of 8 May 2001 on ‘The European Union’s role in promoting human rights and democratisation in third countries’ (COM(2001)0252 ),

–   having regard to the Commission communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 25 October 2011 on ‘A renewed EU strategy 2011-14 for Corporate Social Responsibility’ (COM(2011)0681 ),

–   having regard to the Council compilation of documents ‘Mainstreaming Human Rights and Gender into European Security and Defence Policy’(1) and notably to the Council document ‘Generic Standards of Behaviour for ESDP Operations’ (doc.08373/3/2005),

–   having regard to the United Nations Millennium Declaration of 8 September 2000,

–   having regard to the Global Action Plan ‘Keeping the promise: united to achieve the Millennium Development Goals’, adopted by the UN General Assembly on 10 October 2010,

–   having regard to the Commission communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 27th February 2013 on ‘A decent life for all: Ending poverty and giving the world a sustainable future’ (COM(2013)0092 ),

–   having regard to the report of the European Investment Bank (EIB) entitled ‘Policy on preventing and deterring corruption, fraud, collusion, coercion, money laundering and the financing of terrorism in European Investment Bank activities’ (“EIB Anti-Fraud Policy”) adopted in 2008,

–   having regard to the Enforcement Policy and Procedures (EPP) of the European Bank for Reconstruction and Development (EBRD), which entered into force in March 2009,

–   having regard to the Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy’ Framework (HR/PUB/11/04),

–   having regard to its resolution of 7 July 2011 on EU external policies in favour of democratisation(2) ,

–   having regard to its resolution of 11 December 2012 on a digital freedom strategy in EU foreign policy(3) ,

–   having regard to the EU Guidelines on Human Rights Defenders as adopted at the 2914th General Affairs Council meeting of 8 December 2008,

–   having regard to the ‘Montreux Document on pertinent international legal obligations and good practices for States related to operations of private military and security companies (PMSCs) during armed conflict’, adopted in Montreux on 17 September 2008,

–   having regard to the Council of Europe Criminal Law Convention on Corruption, opened for signature on 27 January 1999 and the Council of Europe Civil Law Convention on Corruption, opened for signature on 4 November 1999, and to resolutions (98) 7 and (99) 5, adopted by the Council of Europe’s Committee of Ministers on 5 May 1998 and 1 May 1999 respectively, establishing the Group of States against Corruption (GRECO),

–   having regard to the Jakarta Statement on Principles for Anti-Corruption Agencies, adopted on 26-27 November 2012,

–   having regard to the Paris Principles for national human rights institutions(4) ,

–   having regard to the OECD Guidelines for Multinational Enterprises(5) ,

–   having regard to the International Labour Organisation (ILO) ‘Tripartite declaration of principles concerning multinational enterprises and social policy’(6) ,

–   having regard to the UN Global Compact Initiative(7) ,

–   having regard to the International Code of Conduct for Private Security Service Providers,

–   having regard to the Arms Trade Treaty, adopted at the United Nations Final Conference on the Arms Trade Treaty held in New York on 18-28 March 2013(8) ,

–   having regard to Rule 48 of its Rules of Procedure,

–   having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Development (A7-0250/2013 ),

A.   whereas corruption can be defined as the abuse of entrusted power for individual or collective, direct or indirect personal gain, and whereas acts of corruption include the crimes of bribery, embezzlement, trading in influence, abuse of functions and illicit enrichment, as defined by the UNCAC; whereas fraud, extortion, blackmail, abuse of discretionary powers, favouritism, nepotism, clientelism and illegal political contributions are closely linked to corruption; whereas corruption may be linked to organised crime operating under collective leadership alongside official structures, particularly where the authorities fail to enforce the law;

B.   whereas corruption perpetuates and aggravates unequal, unjust and discriminatory outcomes with regard to the equal enjoyment of human rights, be these civil, political and economic or social and cultural rights; whereas corruption can have negative repercussions on the environment and affects disproportionately the most disadvantaged and marginalised groups in society, namely by barring them from equal access to political participation, public services, justice, safety, land, jobs, education, health and housing, and whereas corruption affects in particular progress towards ending discrimination, gender equality and women’s empowerment, by limiting women’s capacities to claim their rights;

C.   whereas corruption may undermine economic development by obstructing business and investment on occasion;

D.   whereas the fight against corruption is part of the good governance principle, as upheld and defined by articles 9(3) and 97 of the Cotonou Agreement;

E.   whereas acts of corruption and human rights violations typically involve the misuse of power, lack of accountability and the institutionalisation of various forms of discrimination; whereas corruption is invariably more frequent where enforcement of human rights is lacking or absent, and whereas corruption often undermines the effectiveness of the institutions and entities which normally provide checks and balances and are intended to ensure respect for democratic principles and human rights, such as parliaments, law enforcement authorities, the judiciary, legal systems and civil society;

F.   whereas corruption is generally deeply entrenched in the mentality of the societies where it permeates, and whereas all efforts to combat it should focus first and foremost on the education system, targeting people at the earliest age possible;

G.   whereas states sometimes fail to act in preventing or punishing corruption in public and private sectors, in breach of their international obligations under the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and other relevant international and regional human rights instruments;

H.   whereas corruption distorts the size and composition of government expenditure, seriously harming the state’s capacity to harness to a maximum its available resources in order fully to realise economic, social and cultural rights, and whereas corruption diverts large amounts of funding from investment in the economy, hindering the recovery of countries in economic hardship, including EU Member States;

I.   whereas corruption in high places can seriously undermine and destabilise the countries concerned and strike at the very heart of the State;

J.   whereas, according to the World Bank, corruption represents 5 % of global GDP (USD 2,6 trillion), with over USD 1 trillion paid in bribes each year; and whereas corruption adds up to 10 % of the total cost of doing business on a global basis and 25 % of the cost of procurement contracts in developing countries(9) ;

K.   whereas the World Bank estimates that each year USD 20-40 billion, corresponding to 20-40 % of official development assistance, is stolen from public budgets in developing countries and hidden overseas through high-level corruption(10) ;

L.   whereas from 2000 to 2009, developing countries lost USD 8,44 trillion to illicit financial flows, ten times more than what they received in foreign aid; whereas every year for the past decade, developing countries lost USD 585,9 billion through illicit flows; whereas the money stolen through corruption each year is enough to keep the world’s hungry fed 80times over, while bribes and theft swell the total cost of projects to provide safe drinking water and sanitation around the world by as much as 40 %(11) ;

M.   whereas corruption, by threatening the consolidation of democracy and enforcement of human rights, remains a fundamental cause and catalyst of conflict, widespread violations of international humanitarian law and impunity in developing countries, and whereas the status quo of corruption and illicit enrichment in positions of state power has led to power-grabbing and perpetuation of power as well as to the creation of new militias and widespread violence;

N.   whereas corruption in the judicial sector breaches the principle of non-discrimination, access to justice and the right to a fair trial and to an effective remedy, which are instrumental in the enforcement of all other human rights, and whereas corruption seriously distorts the independence, competence and impartiality of the judiciary and of the public administration, fostering distrust in public institutions, undermining the rule of law and giving rise to violence;

O.   whereas delivery of public services enables states to fulfil their international human rights obligations, ensuring the supply of water, food, health, education, housing, security and order as elements of human development, and whereas corruption in public procurement thrives in the absence of openness, transparency, information, competition, incentives, clear rules and regulations that are strictly enforced and also where there are no independent monitoring and sanctions mechanisms;

P.   whereas widespread corruption, lack of transparency, access to information and inclusive participation in decision-making prevents citizens from holding governments and political representatives to account in order to ensure that revenue related to resource and market exploration is used to ensure their human rights; whereas it is incumbent upon governments to do everything in their power to combat corruption in public and private companies;

Q.   whereas human rights defenders, media, civil society organisations (CSOs), trade unions and investigative journalists play a crucial role in the fight against corruption by scrutinising public budgets, monitoring the activities of governments and large – in particular multinational – companies, and the financing of political parties, offering capacity-building skills and expertise and demanding transparency and accountability; whereas journalists reporting on corruption and organised crime are increasingly targeted and harassed by organised crime groups, ‘parallel powers’ and the public authorities, especially in developing countries;

R.   whereas a free and independent press and media, both online and offline, are essential in ensuring transparency and scrutiny – both necessary to combat corruption – by providing a platform for the exposure of corruption and giving citizens and society access to information;

S.   whereas open data and open government empower citizens by giving them access to information about governmental budgets and expenses;

T.   whereas whistleblowers are vital in exposing corruption, fraud, mismanagement and human rights abuses, despite high personal risk, and whereas lack of protection against retaliation, controls on information, libel and defamation laws, and inadequate investigation of whistleblowers’ claims can all deter people from speaking out, and can often compromise their personal safety as well as that of their families; whereas the EU has a duty to protect them, in particular by making the most effective use possible of cooperation instruments such as the European Instrument for Democracy and Human Rights (EIDHR);

U.   whereas emergency situations and incoming aid offer opportunities for corruption due to the nature of the activities and the complexity of actions and actors executing them, and whereas these ‘opportunities’ include bribery, obstruction, extortion faced by aid agency staff, misconduct by aid agency staff, fraud, false accounting, diversion of aid received, and exploitation of the needy, and fuel a widespread sense of despair with regard to public authorities of any kind; whereas the misappropriation of humanitarian aid is a serious violation of international humanitarian law;

V.   whereas 25 % of all investigations initiated by the European Anti-Fraud Office (OLAF) regard European external aid to third countries, and whereas EUR 17,5 million have been recovered as a result of these investigations(12) ;

W.   whereas EU aid to developing countries might be wasted without a system which does not include proper checks and balances in the beneficiary countries and the full independent monitoring of the integrity system which accompanies the use of funds;

X.   whereas the European public banks, being EU institutions (EIB) or whose majority of shareholders are EU Member States (EBRD), have allegedly been involved in corruption scandals in their operations outside of the European Union;

Y.   whereas aid donors and international financial institutions (IFIs), such as the World Bank and the International Monetary Fund (IMF), should foster effective governance reform in debtor countries and contribute to an effective fight against corruption, also by critically assessing and addressing the demonstrated risks of corruption and degradation of human rights associated with many measures imposed in the context of structural adjustment programmes (SAPs), such as the privatisation of state-owned businesses and resources;

Z.   whereas trafficking in human beings relies heavily on complex, corrupt networks that cut across all branches of government, public administration, law enforcement and the private sector in countries of origin, transit and destination of the victims, and whereas corruption weakens the actions of actors fighting trafficking, due to the corruption of police and judicial staff and in the procedures for the arrest and prosecution of traffickers and the provision of legal aid and witness protection to victims of trafficking;

AA.   whereas corruption and misconduct by armed forces, the defence sector, law enforcement authorities and peacekeeping forces causes serious risks to the lives, physical integrity, protection, liberty, and rights of citizens in developing countries, and whereas the defence sector and defence procurement continue to be characterised by unacceptable levels of corruption and are particularly shielded by secrecy on the basis of national security; whereas public procurement for the supply of security equipment should be closely scrutinised;

AB.   whereas the use of private military and security companies (PMSCs) by both public and private actors has grown exponentially over the past twenty years, and whereas, due to the nature of their activities, PMSCs are particularly vulnerable to corruption and have been accused of serious human rights abuses, despite operating mostly in a realm outside strict regulation, without the accountability to the public that is generally demanded of the armed forces;

AC.   whereas the level of implementation, use and efficiency of the mutual legal assistance and asset recovery mechanisms under Chapters IV and V of the UNCAC remain low among States Parties to the UNCAC, and whereas those States Parties are yet to fully meet their obligations under Chapter IV (‘International Cooperation’) and V (‘Asset Recovery’) of the Convention regarding international cooperation and, more specifically, are yet to sufficiently meet their mutual legal assistance obligations under Article 46 of UNCAC;

AD.   whereas the poorly regulated and opaque global trade in conventional arms and ammunition fuels conflict, corruption, poverty, human rights abuses and impunity;

AE.   whereas grand corruption in developing countries occurs mostly with the complicity and even the assistance of certain businesspeople, lawyers, financial institutions and public officials in developed countries, including in EU Member States, and whereas, in blatant disregard for anti-money laundering regulation at EU and international level, these institutions and corporations have provided the channels to launder the proceeds of corruption in developed and developing countries, to create opaque structures and to hide assets in the ‘secrecy jurisdictions’;

AF.   whereas a human rights-based approach to anti-corruption policies reinforces general awareness that, in addition to public funds, citizens’ individual rights and opportunities are affected by corruption; whereas the close association of the international anti-corruption and human rights movements will raise public awareness and demand for openness, accountability and justice, and whereas linking acts of corruption to human rights violations creates new possibilities for action, especially where corruption can be challenged using existing national, regional and international mechanisms to monitor compliance with human rights;

Coherence between internal and external policies

1.   Believes that the EU can only become a credible and influential leader in the fight against corruption if it addresses the problems of organised crime, corruption and money laundering within its own borders in an adequate manner; welcomes, in this regard, the ‘EU Anti-corruption Report’ to be issued by the Commission; hopes that the identification by the Commission of areas vulnerable to corruption in Member States will help step up anti-corruption efforts, facilitate the exchange of best practices, identify EU trends, and stimulate peer learning and further compliance with EU and international commitments; invites the Commission to present EU policy initiatives in the area of anti-corruption such as an EU Action Plan against Corruption;’

2.   Welcomes, in this regard, the renegotiation of the Savings Taxation Directive, meant effectively to end banking secrecy; considers that strengthening the regulation of, and transparency as regards, company registries and registers of trusts in all EU Member States is a prerequisite for dealing with corruption, both in the EU and in third countries; believes that EU rules should impose an obligation to register all legal structures and their beneficial ownership data, and to publish this information online, electronically tagged and in a searchable format, so that it can be accessed without charge;

3.   Is of the opinion that the EU should follow the example of the United States in enacting the Sergei Magnitsky Rule of Law Accountability Act of 2012 and adopt similar legislation at EU level, as an emblematic and operational framework establishing the link between corruption and breaches of human rights; calls, therefore, on the Council to adopt a decision establishing a common EU list of officials involved in the death of Sergei Magnitsky, in the subsequent judicial cover-up and in the ongoing and sustained harassment of his family; adds that this Council Decision should impose targeted sanctions on those officials, such as an EU-wide visa ban and a freezing order on any financial assets that they or their immediate family may hold inside the European Union; calls on the Commission to draw up an action plan, with a view to creating a mechanism for listing and imposing similar targeted sanctions against officials of third countries (including police officers, prosecutors and judges) involved in grave human rights violations and judicial manipulations against whistleblowers, journalists reporting on corruption and human rights activists in third countries; stresses that criteria of inclusion on the list should be built up on the basis of well-documented, converging and independent sources and convincing evidence, allowing for mechanisms of redress for those targeted;

Accountability and transparency of external aid and public budgets

4.   Fully supports the EU’s commitment to embrace and mainstream throughout its development policies the concept of democratic ownership, that is, the effective and full participation of people in the design, implementation and monitoring of development strategies and policies of donors and partner governments; is of the opinion that such policy fosters involvement of programme beneficiaries and therefore contributes to greater monitoring and accountability in the fight against corruption; encourages the Commission and the Member States to apply the principle that their development aid programmes should be conditional on observance of international anti-corruption norms, and to introduce an anti-corruption clause into public procurement contracts as recommended by the OECD; requests that the Commission continue to foster high levels of aid transparency in digital, machine-readable formats and to use a common standard to ensure comparability both with other donors, and also, more particularly, in line with the needs of recipient governments;

5.   Stresses that, to ensure that the blending facilities expand the effectiveness of development finance, the governance of those instruments needs to be reviewed, with the aim of granting greater transparency in project selection criteria and accountability to society as a whole; recalls that establishing a critical number of minimum requirements for project selection, monitoring and evaluation could facilitate comparability and a coherent basis for information on the performance of operations; notes that progress and development impact of projects should be systematically reported to justify the use of aid resources by blending facilities, not only to the donors and the European financial institutions involved, but also to the general public;

6.   Takes the view that the Commission should impose the highest levels of integrity in the procurement processes for implementation of EU-funded projects, in particular by promoting greater accessibility to calls for tender for local organisations; stresses that a human rights-based approach to procurement benefits from the participation of a broader range of actors, namely those affected by the bidding process (such as associations of land-owners as well as disadvantaged groups); considers that a human rights-based approach to procurement also encourages authorities to empower disadvantaged groups to compete in procurement processes themselves and broaden the criteria against which companies are assessed in procurement processes; recalls that monitoring results of projects in cooperation with civil society and holding local authorities accountable is essential to determine whether EU funds are used appropriately; urges the Commission not to grant projects to contractors whose beneficial owners are not known, or who have a corporate structure that enables them to easily engage in transfer-pricing;

7.   Urges the EU to further transparency by supporting the creation of a global system to track aid pledges, in order to be able to hold donor countries to their promises of aid and to hold them accountable for the projects, institutions or groups that they support;

8.   Recalls, moreover, the need to prevent corrupt techniques such as inflation of project costs, payments for fictitious projects and workers, inappropriate and corrupt use of economic and/or industrial offsets, outright stealing of state funds, inflated travel expenses and bribes, among other things, in the implementation of EU-funded projects; insists, therefore, on the need to monitor the entire length of the EU-funding chain, including policy-making and regulation, planning and budgeting, financing, fiscal transfers, management and programme development, tendering and procurement, construction, operation and maintenance, and payment for services;

9.   Suggests that the Commission publicise the reporting mechanisms within OLAF regarding misuse of EU funds among participants in public tenders and beneficiaries of EU aid, and produce policy guidelines on the treatment of information provided by whistleblowers regarding those abuses in third countries, allowing for a proper follow-up, feedback and protection against retaliation, paying particular attention to the situation of the most vulnerable population groups, especially women, in many developing countries as they are particularly prone to be the targets of corruption and to cooperate in exposing it, but also to be more vulnerable and stigmatised for cooperating;

10.   Stresses that the EU must emphasise the importance of implementing the right to participation and the right to access information and mechanisms of public accountability such as open data as core principles of democracy in all platforms of dialogue with third countries, including in bilateral relations and at the highest level; stresses that freedom of the press and media, both online and offline are vital in this regard; suggests that the EU finance projects in third countries to support the enforcement of these principles, especially in countries going through democratisation processes, ensuring gender mainstreaming, making sure that such processes involve civil society, especially human rights defenders, trade unions, women and particularly vulnerable groups, and assisting in the formulation of laws for the effective protection of whistleblowers;

11.   Notes, in this regard, that the EU must lead by example; insists that the EU and its Member States should actively engage in international initiatives for greater budget transparency, such as the Open Government Partnership, the Open Budget Initiative and the International Aid Transparency Initiative, so as to promote such engagement from partner countries as imperatives of international human rights standards;

12.   Calls on the Commission to propose an extension of the definition of human rights defenders in the EU Guidelines on Human Rights Defenders to include anti-corruption activists, investigative journalists and, notably, whistleblowers;

13.   Points out that the EU, as a world leading donor, should follow and expand recent instances of linking the delivery of EU external aid to budget reforms towards greater transparency, access to data and participatory processes, and to harmonise guiding principles in this regard with other donors; is of the opinion that the EU should establish clear and public benchmarks and criteria, in an incentive-based approach, for recipient governments to open up their budget processes and incorporate transparency, public participation and oversight components into their efforts, through training or technical assistance; urges the EU to promote and support the development of an enabling environment for oversight bodies in developing countries (including parliaments, courts of auditors, CSOs and the media) to carry out their core functions and therefore fight corruption;

14.   Points out, on the other hand, that the EU should use the framework of ‘advanced partnerships’ with third countries to press in an effective manner those regimes that suffer from endemic corruption to adopt reforms to implement the above-mentioned principles; takes the view that political dialogue, pressure and cooperation from the EU towards the need for reform should be visible and transparent, and should integrate adequate and ambitious monitoring mechanisms; takes the view that the EU should publicly condemn the enactment of laws which restrict the freedom of the media and the activities of civil society as cornerstones of accountability and that it should draw up strategies to adapt relations with those countries so as to foster reform in a visible way; stresses the need for clearly defined and observed human rights clauses in agreements with third countries that would allow any partnership agreement to be suspended in the face of gross human rights violations;

15.   Supports increased transparency of decision-making on investments of European public money, namely in projects of the EIB and the EBRD which may have an adverse impact on human rights; urges the EIB and the EBRD to strengthen their anti-fraud and anti-corruption policies in order to ensure full transparency of investments outside of the European Union; stresses the need for the EIB and the EBRD to affirm their willingness to avoid risky investments, especially through financial intermediaries, and to adopt a risk-based approach and improved assessments of the human rights impact of the projects they support, in addition to conducting sound human rights and integrity due diligence of all of their clients’ operations; takes the view that particular attention should be paid to ensuring public participation, as well as free prior and informed consultation of communities affected, at all stages of the planning, implementation, monitoring and evaluation of projects financed; urges the Member States and the Commission to use their influence as exclusive members of the EIB, and as major shareholders of the EBRD, to foster significant reform of these institutions to allow greater democratic scrutiny of their decisions and accountability;

16.   Considers that international financial institutions, like the IMF and the World Bank Group, should conduct a corruption risk assessment in the measures proposed to debtor countries through SAPs, in addition to an assessment of the impact of the latter on human rights; takes the view that SAPs should include reforms to improve governance and transparency; insists that adequate, well-resourced and independent systems of oversight should follow the implementation of the programmes, carrying out frequent audits and inspections; adds that particular attention should be paid to land-grabbing, forced evictions, defence procurement, separate defence budgets and the financing of military and paramilitary activities in debtor countries; calls on the Member States to use their influence as members of the IMF and the World Bank to push for greater transparency and participatory mechanisms in the negotiation of SAPs and other financing programmes and to foster greater democratic scrutiny of their decisions and accountability;

17.   Calls on bilateral and multilateral financial institutions, including the World Bank Group, IMF, regional development banks, export credit agencies and private sector banks, to require extractive companies and governments to comply with the ‘Publish What You Pay’ requirements and/or EITI standards on transparency of payments as a pre-condition for all project support;

18.   Welcomes the G20 Seoul Anti-Corruption Action Plan, and believes that the momentum created should be sustained so as to ensure a coordinated international effort meant to combat corruption in key areas;

Corruption and development policies

19.   Emphasises that the poorest people in developing countries, being heavily reliant on public services, are hurt disproportionally by petty corruption, including so-called ‘quiet corruption’ whereby public officials fail to deliver services or inputs that have been paid for by the government (as in the cases of absentee teachers in public schools or absentee doctors in primary clinics);

20.   Stresses that corruption creates obstacles to foreign direct investment (FDI) and discourages external actors from engaging in economic cooperation with developing countries;

21.   Believes that fighting corruption, including tax havens, tax evasion and illicit capital flights, is part of a broader effort to promote good governance, which is defined as one of the key priorities to enhance the effectiveness of EU development policy in the 2011 Agenda for Change (COM(2011)0637 ); emphasises the need for the full and immediate enforcement of the UN Convention against Corruption;

22.   Points out that all efforts to combat corruption should be accompanied by support for programmes meant to prevent corruption through education and awareness-raising campaigns;

23.   Recalls the commitments undertaken through the Busan Partnership for Effective Development, and calls on the EU and its Member States to implement them in order to intensify the joint efforts to fight corruption and illicit money flows;

24.   Believes that ensuring the consistency of development policies is essential in order to tackle and eradicate corruption; emphasises as well that EU assistance in the areas of fiscal governance and action on tax fraud, under the Development Co-operation Instrument (DCI) and the European Development Fund (EDF), needs to be increased;

Improving Member States’ jurisdiction

25.   Requests Member States amend their criminal laws, where necessary, to establish jurisdiction over individuals of any nationality found on their territory who have committed acts of bribery or embezzlement of public funds, regardless of where the crime occurred, as long as the proceeds of those criminal activities are found in the Member State in question or have been laundered there, or the person has a ‘close connection’ with the Member State, namely through citizenship, residence or beneficial ownership of a company headquartered or with subsidiaries in the Member State;

26.   Points out, however, that Member States should exercise cautious judgement when providing information to third countries on individuals accused of corruption, embezzlement or tax evasion, so as not to implicate human rights defenders unjustly, as was done in the case of Ales Bialiatski;

27.   Takes the view that defamation/libel laws may deter people from reporting corruption in third countries; urges all Member States, therefore, to lead by example and to de-penalise defamation/libel laws in their legal systems, at least for cases where allegations of organised crime, corruption and money laundering in Member States and abroad are at issue;

28.   Urges the Member States, as recommended by the UNCAC, to adopt legislative and other measures to establish intentionally committed illicit enrichment – that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income – as a criminal offence;

Capacity building of anti-corruption institutions

29.   Welcomes the Jakarta Statement on Principles for Anti-Corruption Agencies of November 2012; encourages the EU and Member States to go further and build momentum at international level on the need to address the lack of effectiveness in tackling corruption of the anti-corruption institutions created in many developing countries, mostly due to their institutional arrangements, lack of functional independence from the executive power, lack of political support, the sourcing of their finances, their rules for selecting and appointing officers and their enforcement powers;

30.   Calls on the EU and the Member States to initiate the development of international standards on the independence and effectiveness of anti-corruption authorities, drafted intergovernmentally with the aim of final adoption by the UN General Assembly, and being equivalent to, and with the same robust scope as, the Paris Principles for national human rights institutions; emphasises that these principles should be used as benchmarks of accountability through peer review performance assessments;

31.   Calls on the Commission to consolidate the cooperation pursued with other donors, and with the International Organisation of Supreme Audit Institutions, to develop capacities of Supreme Audit Institutions in aid recipient countries, in order to implement the International Standards for Supreme Audit Institutions in developing countries;

32.   Urges the EU and its Member States to foster and show support for the creation of an International Commission Against Corruption established by an international treaty or by a Protocol to the UNCAC, which would give rise to an international body of criminal investigators endowed with equivalent powers of national law enforcement and prosecution authorities to investigate and prosecute crimes of corruption in domestic territories of the signatory States, and being able also to indict individuals in national criminal courts;

33.   Invites the EU Member States to support the establishment of a UN Special Rapporteur on financial crime, corruption and human rights with a comprehensive mandate, including an objectives-oriented plan and a periodic evaluation of the anti-corruption measures taken by States; invites those Member States that have signed but not yet ratified the Council of Europe Criminal Law Convention on Corruption, opened for signature on 27 January 1999, to ratify it at the earliest possible date;

Corporate responsibility

34.   Draws attention to the existence of a handbook based on the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, which allows companies to take effective internal control, and ethical and compliance measures, in order to prevent and detect cross-border corruption;

35.   Requests all EU enterprises to fulfil their corporate responsibility to respect human rights in line with the UN Guiding Principles; welcomes the Commission’s readiness to develop human rights guidance for small and medium-sized enterprises; calls on the EU Member States to develop their own national plans for the implementation of the UN Guiding Principles and to insist on the need for partner countries, too, to adhere to internationally recognised corporate social responsibility standards, such as the OECD Guidelines for Multinational Enterprises and the ILO Tripartite declaration of principles concerning multinational enterprises and social policy;

36.   Calls for the development of more effective transparency and accountability standards for EU technology companies in connection with the export of technologies that can be used to violate human rights, to aid corruption or to act against the EU’s security interests;

37.   Notes that most initiatives for improving corporate practice in third countries, especially in conflict zones, such as the UN Global Compact and UN Guidelines on Business and Human Rights, do not establish common ground and proper enforcement of the guidelines, relying on companies’ voluntary initiative to comply with them; calls on the EU to take the lead in international efforts to establish such normative standards, at least within EU jurisdiction, focusing on accountability for directors of transnational corporations and redress mechanisms for victims;

38.   Urges the Commission to propose legislation requiring EU companies to ensure that their purchases do not support perpetrators of corruption, conflicts and grave human rights violations, namely by carrying out checks and audits on their raw materials supply chains and publishing the findings; takes the view that mandatory due diligence by EU companies, in line with the guidelines published by the OECD, would boost European businesses and make EU human rights and development policies more coherent, especially in areas plagued by conflict;

39.   Re-emphasises the need for the EU and the Member States to take appropriate measures, including under criminal law, to monitor and eventually sanction companies based on their territory which are involved in corruption in third countries; calls on the Commission to formulate a public list of companies which have been convicted of corrupt practices or whose company officials are being indicted for corrupt practices in Member States or third countries; is of the opinion that such listing should prohibit those companies from participating in public procurement processes or benefit from EU funds in EU Member States or third countries in the case of conviction, and until a final court decision of exoneration; highlights the fact that ‘blacklisting’ can be effective in dissuading companies from engaging in corrupt activities and provides a good incentive for them to improve and reinforce their internal integrity procedures;

40.   Welcomes the agreements reached between the European Parliament and the Council requiring companies in the extractive sector and loggers of primary forests to disclose payments to governments on a country and project basis; urges governments of all partner countries to require equivalent disclosure of payments of transnational companies registered or listed on financial markets in their jurisdiction; urges the EU to promote this standard of reporting in the context of its relations with partner countries; takes the view that the Commission, in the forthcoming revision of the legislation in question, should consider widening the scope of country-by-country reporting, so as to include transnational companies of all sectors and the reporting of more information, such as sales, assets, employees, profits and taxes;

Peace and stability operations

41.   Stresses that corruption often fuels crime and contributes to conflict and fragility, and takes the view that fighting corruption should be given greater weight in EU’s conflict prevention efforts and in its actions to deal with situations of fragility;

42.   Stresses the crucial role of high standards of integrity among peacekeeping forces within the UN and the AU, namely in the context of the African Peace Facility; supports the claims for reform of the UN integrity measures system, namely the need to consolidate all investigations of misconduct by officials – including investigations in the field – into one internal oversight entity; calls, therefore, on the UN to take steps to ensure that those who are victimised by peacekeepers have the right to remedy, and to improve reporting mechanisms and the whistleblower protection policy;

43.   Stresses the need to develop and update the Generic Standards of Behaviour and the Code of Conduct for EU CSDP missions, to adequately reflect efforts against corruption both in missions and in mission areas; calls on the EU and its Member States to take steps to ensure that those who are victimised by European personnel in peace and rule of law missions have an effective right to remedy; urges the Council to set up safe and adequate reporting mechanisms and an effective whistleblower protection policy; stresses that these mechanisms must be gender-sensitive;

44.   Welcomes initiatives like the Montreux Document and the International Code of Conduct for Private Security Service Providers (ICoC); welcomes the European Union’s recent support for the Montreux Document and the high and growing number of endorsements by EU Member States; highlights, however, that there needs to be better enforcement of established principles; calls on all EU Member States to further develop their national law and regulation in line with the standards set out in the Montreux Document and recommends that they and the EU only enter into contracts with PMSCs that uphold the initiatives’ principles; calls on the EU and its Member States to support the creation of the oversight mechanism of the ICoC, which should be a compliance body capable of handling complaints and issuing dissuasive sanctions (including modifications to contracts requiring additional constraints, issuance of official warnings, financial penalties and temporary or permanent removal of the PMSC from the ICoC system) in order to ensure compliance with, and ultimately hold PMSCs accountable for, their commitments under the ICoC;

45.   Requests that the EU and the Member States support the creation of an international framework to regulate the activities of PMSCs, establishing a level playing field so that host states have the authority to regulate PMSCs and contracting states may use their power to protect human rights and prevent corruption; emphasises that such a framework must include dissuasive sanctions for violations, accountability for violators and effective access to remedies for victims, in addition to a licensing and monitoring system to require all PMSCs to submit to independent audits and participate in compulsory training of all personnel in human rights;

International cooperation and assistance

46.   Recommends that Member States enhance the implementation of Chapters IV (International Cooperation) and V ( Asset Recovery) of UNCAC, especially to grant more efficiency to mutual legal assistance requested by third countries, notably by interpreting domestic legislation in a way which facilitates the assistance requested, by de-linking confiscation from conviction in the requesting state for the purposes of providing mutual legal assistance, and by providing their legal systems with the requisite human and financial resources so that cases can be handled properly and swiftly; urges the EU to prioritise this issue of great relevance in third countries going through democratisation processes, namely by addressing legal barriers and the lack of willingness to cooperate from financial centres within the EU, which often maintain an unresponsive and inefficient mutual legal assistance regime;

47.   Is of the opinion that the standard human rights clause introduced in all agreements with third countries should also include a commitment towards the protection and promotion of good governance;

48.   Encourages the Commission to propose in the next revision of the Cotonou Agreement the respect of good governance as an essential element of the Agreement and to widen the scope of the definition of corruption, allowing the sanctioning of breaches of the good governance clause in all serious circumstances, and not only when related to economic and sectoral policies and programmes on which the European Union is a significant partner in terms of the financial support;

49.   Welcomes the decision of the EU-Egypt and EU-Tunisia Task Forces to finalise a roadmap for the return of the illicitly acquired assets which are still frozen in a number of third countries; urges the EU and its Member States to adhere fully to the existing international norms governing asset recovery, such as Chapter V of UNCAC, the asset recovery action plan as developed by the G8 Deauville Partnership with Arab Countries in Transition, and the new legislative framework developed by the Council on 26 November 2012; considers that asset-recovery provisions will support the efforts of countries to redress the worst effects of corruption, and urges the EU and its Member States to make significant efforts aimed at facilitating the return of misappropriated assets stolen by the former regimes to the people of Arab Spring countries; stresses the importance of a human rights-based approach to the treatment of asset recovery and sovereign debt by states emerging from regimes where corruption is endemic; supports initiatives for auditing external and internal sovereign debt with a view to detect corruption and its impact on human rights; calls on the Member States to support debt audit initiatives;

50.   Calls on the EU and the Member States to provide legal and technical assistance to developing countries that wish to recover stolen assets (or assets accumulated illegally by dictatorships) that are held in the territory of the European Union;

51.   Points out that corruption in the arms trade represents a large proportion of the corruption present in global transactions; welcomes the Arms Trade Treaty (ATT) adopted by the UNGA on 2 April 2013 establishing common binding standards and criteria to assess international weapons transfers; welcomes the commitment of the Member States to sign the Arms Trade Treaty at the earliest possible date, and calls on them to take a lead as well in the UN efforts for the rapid ratification and implementation of the International Arms Treaty by all UN member states; encourages the EU to ensure greater vigilance in relation to European arms manufacturers’ exports and to combat opaqueness in the arms trade sector, especially in relation to the use of intermediaries and economic/industrial offsets, in line with the Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment;

o
o   o

52.   Instructs its President to forward this resolution to the Council, the Commission and the European External Action Service, to the governments and parliaments of the EU Member States, of the candidate states and of associated countries, to the Council of Europe, to the African Union, to the International Monetary Fund, to the World Bank, to the European Investment Bank, to the European Bank for Reconstruction and Development and to the United Nations.

(1) Council of the European Union, 2008
(2) OJ C 33 E, 5.2.2013, p. 165.
(3) Texts adopted, P7_TA(2012)0470 .
(4) See UN General Assembly resolution A/RES/48/134.
(5) OECD (2011), OECD Guidelines for Multinational Enterprises , OECD Publishing.
(6) International Labour Organisation, 2006 ISBN 92-2-119010-2 and 978-92-2-119010-3.
(7) New York, UN Headquarters, 26 July 2000.
(8) UN General Assembly A/CONF.217/2013/L.3.
(9) CleanGovBiz Initiative, OECD 2013.
(10) CleanGovBiz Initiative, OECD 2013..
(11) Illicit Financial Flows from Developing Countries Over the Decade Ending 2009, Global Financial Integrity.
(12) OLAF Annual Report 2011


Forward policy planning: budgetary implications for capacity-building
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European Parliament resolution of 8 October 2013 on forward policy planning and long-term trends: budgetary implications for capacity-building (2012/2290(INI) )
P7_TA(2013)0395 A7-0265/2013

The European Parliament,

–   having regard to the European Union’s general budget for the financial year 2013(1) and, in particular to the preparatory action ‘Interinstitutional system identifying long-term trends’ in the 2013 budget,

–   having regard to Financial Regulation (EU, Euratom) No 966/2012, in particular Articles 54(2)(a) and (b) and 54(e) thereof, applicable to the general budget of the Union and its rules of application,

–   having regard to the ESPAS (European Strategy and Policy Analysis System) report ‘Global Trends 2030 – Citizens in an Interconnected and Polycentric World’, produced by the European Union Institute for Security Studies (EUISS)(2) ,

–   having regard to Rule 48 of its Rules of Procedure,

–   having regard to the report of the Committee on Budgets and the opinions of the Committee on Regional Development and the Committee on Constitutional Affairs (A7-0265/2013 ),

A.   whereas we are living through a period of rapid transition – evident in relation to the dynamics of power, demographic change, climate change, urbanisation and technology, making it increasingly necessary for policy-makers in all jurisdictions to invest greater efforts in the study and monitoring of major global trends;

B.   whereas the 2010 EU budget provided, on Parliament’s initiative, for the Commission to undertake a pilot project over two years with the aim of exploring the possibility of establishing an ‘interinstitutional system identifying long-terms trends on major policy issues facing the EU’;

C.   whereas the 2012 EU budget authorised the project to go to the next phase as a preparatory action for the three years from 2012 to 2014, with the aim of putting in place, by the end of 2014, a fully functioning ‘European Strategy and Policy Analysis System’ (ESPAS) involving all relevant EU institutions, by developing ‘closer working cooperation between the research departments of the various EU institutions and bodies which are devoted to the analysis of medium- and long-term policy trends’(3) ;

D.   whereas the establishment of a durable interinstitutional system at administrative level for identifying and mapping major trends likely to shape the future policy context would assist and support the EU institutions in preparing and responding to challenges and defining coherent strategic options for the years ahead;

E.   whereas such a well established and acknowledged system could provide a basis for reflection in the context of preparing the EU budget and establishing political priorities on an annual and multiannual basis and linking financial resources more directly to political objectives;

F.   whereas the empowerment of women cannot be achieved without the recognition and effective implementation of their rights; whereas ESPAS could also provide an effective analysis of the challenges faced in promoting gender equality, from political empowerment to combating all kinds of discrimination against women;

G.   whereas the first ESPAS-sponsored report, ‘Global Trends 2030 – Citizens in an Interconnected and Polycentric World’, commissioned from the EUISS, identifies several global trends that seem likely to shape the world in coming decades;

H.   whereas these trends include, notably: the growing empowerment of the individual, fuelled in part by technological change; greater stress on sustainable development against a backdrop of growing resource scarcity and persistent poverty, and compounded by the effects of climate change; and the emergence of an international system characterised by a shift of power away from states, with growing governance gaps as the traditional mechanisms for interstate relations fail to respond adequately to public demands;

1.   Believes that coherent and effective EU policy-making will depend more and more on the timely identification of those long-term global trends that have a bearing on the challenges and choices facing the Union in an increasingly complex and interdependent world;

2.   Highlights the importance of the EU institutions cooperating in an effective manner to monitor and analyse these long-term trends, as well as cooperating and networking with other actors, including the wider research community, both inside and outside the European Union, who are interested in similar issues in third countries; underlines, in this context, the importance of continuing the process of developing an effective capacity for the provision of independent, high-quality interinstitutional analysis and advice on key trends confronting policy-makers within the EU system;

3.   Points out that, in line with the principle of subsidiarity, the development of long-term socio-economic strategies and the implementation of policies in the EU is the responsibility of a variety of public organisations, such as the European institutions, government ministries, regional or local authority departments and specific agencies; highlights the fact that the economic and social partners, non-governmental organisations and other stakeholders also play a part in the development of long-term strategies alongside public bodies in the Member States and the European institutions; therefore, underlines that a multi-level governance approach should be applied;

4.   Stresses that, on account of its multiannual, long-term and horizontal character, cohesion policy is necessarily a policy with a strong forward-planning component and that, given its significant share of the EU budget, it needs to have a prominent place in all forward‑looking budgetary planning;

5.   Believes that policy formulation in respect of cohesion policy and other fields depends increasingly on the timely identification of long-term global trends; notes, in this connection, various forward-looking reports such as Project Europe 2030 (the report to the European Council by the Reflection Group on the Future of the EU 2030) and ‘Global Trends 2030 – Citizens in an Interconnected and Polycentric World’, prepared by the European Union Institute for Security Studies (EUISS) as part of the European Strategy and Policy Analysis System (ESPAS) project; recommends closer coordination of such reporting initiatives;

6.   Calls for the integration of the gender perspective in the appraisal of long-term global trends and future reports as a means to fight human rights breaches, discrimination and poverty;

7.   Welcomes specifically the outcome so far of the administrative-level pilot project (2010‑2011) and preparatory action (2012-2014) designed to develop a European Strategy and Policy Analysis System (ESPAS), in order to help identify long-term trends on major issues facing the Union, and strongly recommends that this process continue after the expiry of the current preparatory action; and considers that such a system should involve staff from all the relevant EU institutions and bodies, including the Committee of the Regions; believes that the reporting mechanism needs to be the subject of a discussion involving all relevant interest groups, businesses and non-governmental organisations;

8.   Urges the four institutions and bodies currently involved in the ESPAS process – the Commission, Parliament, the Council and the European External Action Service – to elaborate and sign some form of interinstitutional agreement, ideally to be concluded in the spring of 2014, with each partner undertaking to maintain and participate in the agreement on a continuing basis;

9.   Stresses the need for the participating institutions and bodies to devote the necessary staff and financial resources to the ESPAS system through each of their respective budgets, in full compliance with the Financial Regulation, and in particular Article 54(e) thereof, and in the context of the annual budgetary procedure, so as to ensure that this capability can be developed in a budgetarily neutral way in future years, underlines the need for the EU institutions to invest in staff with specific expertise to contribute fully to analysing and monitoring global trends as well as the expertise to identify options and make policy recommendations for the specific needs of each EU institution;

10.   Insists that ESPAS be steered and overseen by an appropriately composed interinstitutional board, which would set the mandate and priorities of ESPAS and designate any director or other officers, and in which Parliament will, if it chooses, be represented by Members – it being understood that, within the framework of its mandate, the detailed work of ESPAS should be carried out on an independent basis.

11.   Welcomes the intention to use the ESPAS process, and building upon its global network, to build up a global on-line repository of papers and material from multiple sources relating to medium- and long-term trends, freely open to policy-makers and citizens worldwide;

12.   Welcomes the fact that that closer administrative cooperation between the EU institutions through the ESPAS process will lead to the presentation, as part of the preparatory action, of a foresight report analysing long-term trends and their implications for the challenges and choices facing the Union during the period 2014-2019, due to be submitted for the attention of the incoming Presidents of the institutions in 2014; considers that this exercise is successful and should be repeated on at least a five-yearly basis thereafter;

13.   Believes that a permanent system – aiming to provide regular analysis of medium- and long-term trends for the EU institutions in order to encourage a more strategic approach to decision-making – should include provisions for the submission of an annual ‘strategic trends report’ to the institutions, in advance of the State of the Union debate, and the publication of the Commission’s annual work programme in order to track and assess the changing pattern of long-term trends, and also to provide specific input to the budgetary authority in the run-up to the negotiation of a post-2020 Multiannual Financial Framework (MFF), as well as for any mid-term revision of the 2014-2020 MFF;

14.   Instructs its President to forward this report to the Council, the Commission and the European External Action Service.

(1) OJ L 66, 8.3.2013.
(2) 27 April 2012; http://www.iss.europa.eu/uploads/media/ESPAS_report_01.pdf.
(3) http://europa.eu/espas/pdf/espas-preparatory-action-amendment_en.pdf.


Private international law and employment
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European Parliament resolution of 8 October 2013 on improving private international law: jurisdiction rules applicable to employment (2013/2023(INI) )
P7_TA(2013)0396 A7-0291/2013

The European Parliament,

–   having regard to Articles 12, 15, 16, 27, 28, 30, 31 and 33 of the Charter of Fundamental Rights of the European Union,

–   having regard to Article 3(3) of the Treaty on European Union,

–   having regard to Articles 45, 81 and 146 of the Treaty on the Functioning of the European Union,

–   having regard to the judgments of the Court of Justice of the European Union in Cases C-18/02(1) , C-341/05(2) and C-438/05(3) ,

–   having regard to Rule 48 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0291/2013 ),

A.   whereas the review of the Brussels I Regulation(4) was a great success, as it introduced considerable improvements to the rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters within the European Union;

B.   whereas the scope of that recast procedure did not include certain employment law issues;

C.   whereas the Interinstitutional Agreement of 28 November 2001(5) provides that the recast technique is to be used for acts which are frequently amended;

D.   whereas it is important to ensure coherence between the rules governing jurisdiction over a dispute and the rules governing the law to be applied to a dispute;

E.   whereas it is also a major concern of private international law at European level to prevent forum shopping – particularly when this might occur to the detriment of the weaker party, such as employees in particular – and to ensure the greatest possible level of predictability as to jurisdiction;

F.   whereas, as a general principle, the court having the closest connection to a case should have jurisdiction;

G.   whereas a number of high-profile European court cases on jurisdiction and applicable law in relation to individual employment contracts and industrial action have led to fears that national provisions on employment law could be undermined by European rules which can lead, in certain cases, to the law of one Member State being applied by the court of another Member State(6) ;

H.   whereas, in view of the major importance of employment law for the constitutional and political identities of the Member States, it is important that European law should respect national traditions in this field;

I.   whereas it is also in the interest of the proper administration of justice to align the rules on jurisdiction with the rules on applicable law to the extent possible;

J.   whereas it seems appropriate to evaluate whether there is a need for changes to be made to the rules on jurisdiction in the field of employment law;

K.   whereas, in particular, with regard to industrial action, the courts of the Member State where the industrial action is to be or has been taken should have jurisdiction;

L.   whereas, with regard to individual employment contracts, it should be ensured, to the extent desirable, that the courts of the Member State which has the closest connection with the employment relationship should have jurisdiction;

1.   Congratulates the institutions on the successful review of the Brussels I Regulation;

2.   Considers that employment law issues should be further addressed by the Commission with a view to a possible future revision;

3.   Notes that one of the main principles of private international law relating to jurisdiction is the protection of the weaker party and that the objective of employee protection is spelt out in the current jurisdiction rules;

4.   Notes that employees are generally well protected by jurisdiction rules in employment matters when they are defendants in cases brought by their employers through the exclusive grounds of jurisdiction laid down in the Brussels I Regulation;

5.   Urges the Commission to assess whether the current legal framework under the Brussels I Regulation sufficiently takes into account the specificities of actions in the employment sector;

6.  Calls on the Commission to pay particular regard to the following questions:

   (a) whether, concerning the liability of a worker or an employer or of an organisation representing the professional interests of workers or employers for damages caused by industrial action, any steps need to be taken to clarify that Article 7(2) of the recast Brussels I Regulation refers to the place where the industrial action is to be or has been taken, and whether alignment with Article 9 of the Rome II Regulation is necessary;
   (b) whether, in cases where an employee sues an employer, the fall-back clause which applies where there is no habitual place of work should be reworded so as to refer to the place of business from which the employee receives or received day-to-day instructions rather than to the engaging place of business;

7.   Instructs its President to forward this resolution to the Council and the Commission, and to the European Economic and Social Committee.

(1) Judgment of the Court (Sixth Chamber) of 5 February 2004 in Case C-18/02, Danmarks Rederiforening, acting on behalf of DFDS Torline A/S v LO Landsorganisationen i Sverige, acting on behalf of SEKO Sjöfolk Facket för Service och Kommunikation, ECR 2004 p. I-01417.
(2) Judgment of the Court (Grand Chamber) of 18 December 2007 in Case C-341/05, Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet, Svenska Byggnadsarbetareförbundets avdelning 1, Byggettan and Svenska Elektrikerförbundet , ECR 2007 p. I-11767.
(3) Judgment of the Court (Grand Chamber) of 11 December 2007 in Case C-438/05, International Transport Workers’ Federation and Finnish Seamen’s Union v Viking Line ABP and OÜ Viking Line Eesti , ECR 2007 p. I-10779.
(4) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
(5) Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (OJ C 77, 28.3.2002, p. 1).
(6) See, in particular, the circumstances surrounding Case C-438/05, International Transport Workers’ Federation and Finnish Seamen’s Union v Viking Line ABP and OÜ Viking Line Eesti , ECR 2007 p. I-10779.


Flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement on the Maritime Labour Convention ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 8 October 2013 on the proposal for a directive of the European Parliament and of the Council concerning flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC (COM(2012)0134 – C7-0083/2012 – 2012/0065(COD) ) (Ordinary legislative procedure: first reading)
P7_TA(2013)0397 A7-0037/2013

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2012)0134 ),

–   having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0083/2012 ),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee of 11 July 2012(1) ,

–   after consulting the Committee of the Regions,

–   having regard to the undertaking given by the Council representative by letter of 12 June 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union;

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Transport (A7-0037/2013 ),

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

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

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

Position of the European Parliament adopted at first reading on 8 October 2013 with a view to the adoption of Directive 2013/…/EU of the European Parliament and of the Council concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006

P7_TC1-COD(2012)0065


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2013/54/EU.)

(1) OJ C 299, 4.10.2012, p. 153.
(2) This position replaces the amendments adopted on 13 March 2013 (Texts adopted P7_TA(2013)0080 ).


Manufacture, presentation and sale of tobacco and related products ***I
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Amendments adopted by the European Parliament on 8 October 2013 on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products (COM(2012)0788 – C7-0420/2012 – 2012/0366(COD) ) (1) (Ordinary legislative procedure: first reading)
P7_TA(2013)0398 A7-0276/2013
Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital 3 a (new)
(3a)   Health warnings serve as part of an organised, effective and long term anti-smoking strategy, with well defined scope and objectives.
Amendment 2
Proposal for a directive
Recital 6
(6)   The size of the internal market in tobacco and related products, the increasing tendency of manufacturers of tobacco products to concentrate production for the whole of the Union in only a small number of production plants within the Member States and the resulting significant cross-border trade of tobacco and related products calls for legislative action at Union rather than national level to achieve the smooth operation of the internal market.
(6)   The size of the internal market in tobacco and related products, the increasing tendency of manufacturers of tobacco products to concentrate production for the whole of the Union in only a small number of production plants within the Member States and the resulting significant cross-border trade of tobacco and related products calls for stronger legislative action at Union level to achieve the smooth operation of the internal market.
Amendment 3
Proposal for a directive
Recital 7
(7)   Legislative action at Union level is also necessary to implement the WHO Framework Convention on Tobacco Control (hereinafter: "FCTC") of May 2003 to which the European Union and its Member States are Parties . Of relevance are in particular its Articles 9 (regulation of the contents of tobacco products), 10 (regulation of tobacco product disclosures), 11 (packaging and labelling of tobacco products), 13 (advertising) and 15 (illicit trade in tobacco products). A set of guidelines for the implementation of FCTC provisions was adopted by consensus during various Conferences of the Parties to the FCTC with the support of the Union and the Member States.
(7)   Legislative action at Union level is also necessary to implement the landmark WHO Framework Convention on Tobacco Control ("FCTC") of May 2003. All Member States, and the European Union itself, have signed and ratified the FCTC and as a result are bound under international law by its provisions . Of particular relevance are Articles 9 (regulation of the contents of tobacco products), 10 (regulation of tobacco product disclosures), 11 (packaging and labelling of tobacco products), 13 (advertising) and 15 (illicit trade in tobacco products). A set of guidelines for the implementation of FCTC provisions was adopted by consensus during various Conferences of the Parties to the FCTC with the support of the Union and the Member States.
Amendment 4
Proposal for a directive
Recital 8
(8)   In accordance with Article 114(3) of the Treaty of the Functioning of the European Union (hereinafter: "Treaty"), a high level of health protection should be taken as a basis, regard being had, in particular, to any new developments based on scientific facts. Tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco, health protection should be given high importance, in particular to reduce smoking prevalence among young people.
(8)   In accordance with Article 114(3) of the Treaty of the Functioning of the European Union ("Treaty"), a high level of health protection should be taken as a basis, regard being had, in particular, to any new developments based on scientific facts. Tobacco products are not ordinary commodities and in view of the particularly harmful effects of tobacco, health protection should be given high importance, in particular to reduce smoking prevalence among young people. To that end, Member States should promote smoking prevention campaigns, especially in schools and through the media. In accordance with the principle of producer responsibility, manufacturers of tobacco products should be made responsible for all health costs arising as a consequence of tobacco consumption .
Amendment 5
Proposal for a directive
Recital 9 a (new)
(9a)   Given that in many Member States large percentages of smokers are unlikely to stop smoking entirely, legislation should take into account their right to know objectively the impact the possible use of tobacco has on their health - information which they also receive through the packaging of the product they are likely to use.
Amendment 6
Proposal for a directive
Recital 10
(10)   For measuring the tar, nicotine and carbon monoxide yields of cigarettes, reference should be made to ISO standards 4387, 10315 and 8454, which are internationally recognised standards. For other emissions there are no internationally agreed standards or tests for quantifying the yields, but efforts are ongoing to develop them .
(10)   For measuring the tar, nicotine and carbon monoxide yields of cigarettes, reference should be made to ISO standards 4387, 10315 and 8454, which are internationally recognised standards. For other emissions there are no internationally agreed standards or tests for quantifying the yields, but Member States and the Commission should actively encourage ongoing efforts at international level to develop such standards or tests .
Amendment 7
Proposal for a directive
Recital 10 a (new)
(10a)   Polonium 210 has been shown to be a significant carcinogen in tobacco. Its presence in cigarettes could be eliminated almost completely by a combination of simple measures. It is thus appropriate to set a maximum yield for Polonium 210 that would result in a reduction of 95% of the current average content of Polonium 210 in cigarettes. An ISO standard to measure Polonium 210 in tobacco should be developed.
Amendment 8
Proposal for a directive
Recital 11
(11)   In relation to the fixing of maximum yields, it might be necessary and appropriate at a later date to adapt the yields fixed or to fix maximum thresholds for emissions, taking into consideration their toxicity or addictiveness.
(11)   In relation to the fixing of maximum yields, it might be necessary and appropriate at a later date to reduce the yields fixed or to fix maximum thresholds for emissions, taking into consideration their toxicity or addictiveness.
Amendment 9
Proposal for a directive
Recital 13
(13)   The current use of different reporting formats makes it difficult for manufacturers and importers to fulfil their reporting obligations and burdensome for the Member States and the Commission to compare, analyse and draw conclusions from the information received. In this light there should be a common mandatory format for the reporting of ingredients and emissions. The greatest possible transparency of product information should be ensured for the general public, while ensuring that appropriate account is taken of the commercial and intellectual property rights of the manufacturers of tobacco products.
(13)   The current use of different reporting formats makes it difficult for manufacturers and importers to fulfil their reporting obligations and burdensome for the Member States and the Commission to compare, analyse and draw conclusions from the information received. In this light there should be a common mandatory format for the reporting of ingredients and emissions. The greatest possible transparency of product information should be ensured for the general public, while ensuring that appropriate account is taken of the commercial and intellectual property rights of the manufacturers of tobacco products, in particular the rights of small and medium sized enterprises (SMEs) .
Amendment 10
Proposal for a directive
Recital 14
(14)   The lack of a harmonised approach on ingredients regulation affects the functioning of the internal market and impacts on the free movement of goods across the EU. Some Member States have adopted legislation or entered into binding agreements with the industry allowing or prohibiting certain ingredients. As a result, some ingredients are regulated in some Member States, but not in others. Member States are also taking different approaches as regards additives integrated in the filter of cigarettes as well as additives colouring the tobacco smoke. Without harmonisation, the obstacles on the internal market are expected to increase in the coming years taking into account the implementation of the FCTC and its guidelines and considering experience gained in other jurisdictions outside the Union. The guidelines on Articles 9 and 10 FCTC call in particular for the removal of ingredients that increase palatability, create the impression that the tobacco products have health benefits, are associated with energy and vitality or have colouring properties.
(14)   The lack of a harmonised approach on ingredients regulation affects the functioning of the internal market and impacts on the free movement of goods across the EU. Some Member States have adopted legislation or entered into binding agreements with the industry allowing or prohibiting certain ingredients. As a result, some ingredients are regulated in some Member States, but not in others. Member States are also taking different approaches as regards additives integrated in the filter of cigarettes as well as additives colouring the tobacco smoke. Without harmonisation, the obstacles on the internal market are expected to increase in the coming years taking into account the implementation of the FCTC and its guidelines and considering experience gained in other jurisdictions outside the Union. The guidelines on Articles 9 and 10 FCTC call in particular for the removal of ingredients that increase palatability, create the impression that the tobacco products have health benefits, are associated with energy and vitality or have colouring properties. Ingredients that increase addictiveness and toxicity should also be removed.
Amendment 11
Proposal for a directive
Recital 14 a (new)
(14a)   In order to protect human health, an assessment should be carried out on the safety of additives for use in tobacco products. Additives should only be allowed in tobacco products if they are included in a Union list of authorised additives. That list should also indicate any conditions or restrictions on the use of allowed additives. Tobacco products containing additives not included in the Union list or used in a manner that does not comply with this Directive should not be placed on the Union market.
Amendment 12
Proposal for a directive
Recital 14 b (new)
(14b)   It is important not only to consider the properties of additives as such, but also of their combustion products. Additives as well as their combustion products should not be such that they meet the criteria for classification as hazardous in accordance with Regulation (EC) no 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures 1 .
_____________
1 OJ L 353, 31.12.2008, p. 1.
Amendment 13
Proposal for a directive
Recital 15
(15)   The likelihood of diverging regulation is further increased by concerns over tobacco products, including smokeless tobacco products, having a characterising flavour other than tobacco, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided.
(15)   The likelihood of diverging regulation is further increased by concerns over tobacco products having a characterising flavour other than tobacco, which may facilitate uptake of tobacco consumption or affect consumption patterns. For example, in many countries, sales of mentholated products gradually increased even as smoking prevalence overall declined. A number of studies indicated that mentholated tobacco products can facilitate inhalation as well as smoking uptake among young people. Measures introducing unjustified differences of treatment between flavoured cigarettes (e.g. menthol and clove cigarettes) should be avoided.
Amendment 14
Proposal for a directive
Recital 16
(16)   The prohibition of tobacco products with characterising flavours does not prohibit the use of individual additives altogether, but obliges the manufactures to reduce the additive or the combination of additives to such an extent that the additives no longer result in a characterising flavour. The use of additives necessary for manufacturing of tobacco products should be allowed, as long as they do not result in a characterising flavour.. The Commission should ensure uniform conditions for the implementation of the provision on characterising flavour. Independent panels should be used by the Member States and by the Commission to assist in such decision making. The application of this Directive should not discriminate between different tobacco varieties.
deleted
Amendment 15
Proposal for a directive
Recital 17
(17)   Certain additives are used to create the impression that tobacco products have health benefits, present reduced health hazards or increase mental alertness and physical performance. These additives should be prohibited in order to ensure uniform rules and a high level of health protection.
(17)   Certain additives are used to create the impression that tobacco products have health benefits, present reduced health hazards or increase mental alertness and physical performance. In order to ensure uniform rules and a high level of health protection, those additives should not be approved. In addition, additives which impart a characterising flavour should not be approved. This should not result in prohibiting the use of individual additives altogether. Manufactures should, however, be required to reduce the use of an additive or of a combination of additives to such an extent that the additives no longer result in a characterising flavour. It should be possible to approve the use of additives that are essential for manufacturing of tobacco products, as long as those additives do not result in a characterising flavour and are not linked to the attractiveness of such products.
Amendment 16
Proposal for a directive
Recital 17 a (new)
(17a)   An increasing number of people, most of them children, suffer from asthma and various allergies. Not all causes of asthma are understood, as indicated by WHO, but it is necessary for risk factors including allergens, tobacco and chemical irritants to be prevented in order to improve people's quality of life.
Amendment 17
Proposal for a directive
Recital 18
(18)   Considering the Directive's focus on young people, tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco which are mainly consumed by older consumers, should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people.
(18)   Considering the Directive's focus on young people, tobacco products other than cigarettes, roll-your-own tobacco and water-pipe tobacco which are mainly consumed by older consumers, should be granted an exemption from certain ingredients requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people.
Amendment 18
Proposal for a directive
Recital 18 a (new)
(18a)   Member States should be encouraged, if they have not already done so, to formulate their national laws on the protection of young people in such a way that tobacco products may not be sold to, or consumed by, young people under the age of 18. Member States should also ensure that such prohibitions are respected.
Amendment 19
Proposal for a directive
Recital 18 b (new)
(18b)   Article 16 of the FCTC points to the responsibility of Parties to the Convention to address products aimed at underage consumers, such as food products and toys in the form of tobacco products that may be appealing to minors. In recent years, several products, such as shisha vaping sticks, have been placed on the market that do not contain nicotine but have the form of cigarettes and try to imitate the smoking process through vaporising substances, the harmless nature of which is not yet scientifically proven, and through an electric light imitating the burning process of a cigarette. Such products are clearly produced to be appealing to young and underage consumers, and are increasingly popular with minors in several Member States. Increasing concern is expressed at the habits created in young consumers and minors by the use of such imitation cigarettes.
Amendment 20
Proposal for a directive
Recital 20
(20)   Such disparities are liable to constitute a barrier to trade and to impede the operation of the internal market in tobacco products, and should therefore be eliminated. Also, consumers in some Member States may be better informed about the health risks of tobacco products than in others. Without further action at Union level, the existing disparities are likely to increase in the coming years.
(20)   Such disparities are liable to constitute a barrier to trade and to impede the operation of the internal market in tobacco products, and should therefore be eliminated. Also, consumers in some Member States may be better informed about the health risks of tobacco products than in others. Without further harmonising action at Union level, the existing disparities are likely to increase in the coming years.
Amendment 21
Proposal for a directive
Recital 22
(22)   The labelling provisions also need to be adapted to new scientific evidence. For example the indication of the yields for tar, nicotine and carbon monoxide on cigarette packets have proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others. Evidence also suggests that large combined health warnings are more effective than text-only warnings. In this light combined health warnings should become mandatory throughout the Union and cover significant and visible parts of the packet surface. A minimum size should be set for all health warnings to ensure their visibility and effectiveness.
(22)   The labelling provisions also need to be adapted to new scientific evidence. For example the indication of the yields for tar, nicotine and carbon monoxide on cigarette packets have proven to be misleading as it makes consumers believe that certain cigarettes are less harmful than others. Evidence also suggests that large combined picture and text health warnings are more effective than text-only warnings. In this light combined health warnings should become mandatory throughout the Union and cover significant and visible parts on the field of vision of the packet surface. A minimum size should be set for all health warnings to ensure their visibility and effectiveness.
Amendment 22
Proposal for a directive
Recital 23
(23)   In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package, including the opening mechanism . The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, 'natural', 'organic', ‘without additives’, ‘without flavours’, 'slim', names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed.
(23)   In order to ensure the integrity and the visibility of health warnings and maximise their efficacy, provisions should be made regarding the dimension of the warnings as well as regarding certain aspects of the appearance of the tobacco package. The package and the products may mislead consumers, in particular young people, suggesting that products are less harmful. For instance, this is the case with certain texts or features, such as ‘low-tar’, ‘light’, ‘ultra-light’, ‘mild’, ‘natural’, ‘organic’, ‘without additives’, ‘without flavours’, ‘slim’, names, pictures, and figurative or other signs. Likewise, the size and appearance of individual cigarettes can mislead consumers by creating the impression that they are less harmful. A recent study has also shown that smokers of slim cigarettes were more likely to believe that their own brand might be less harmful. This should be addressed.
Amendment 23
Proposal for a directive
Recital 23 a (new)
(23a)   Tobacco products have been shown to contain and emit many noxious substances and known carcinogens hazardous to human health when burnt. Scientific studies have clearly proven that passive smoking is a cause of death, illness and disability and that passive smoking is dangerous in particular to unborn children and infants. It can cause or aggravate respiratory problems in persons inhaling smoke. Health warnings should therefore also draw attention to the dangers to health of passive smoking.
Amendment 24
Proposal for a directive
Recital 24
(24)   Tobacco products for smoking, other than cigarettes and roll-your-own tobacco products, which are mainly consumed by older consumers, should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. The labelling of these other tobacco products should follow specific rules. The visibility of the health warnings on smokeless tobacco products needs to be ensured. Warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging.
(24)   Tobacco products for smoking, other than cigarettes, roll-your-own tobacco products and water pipe tobacco , which are mainly consumed by older consumers, should be granted an exemption from certain labelling requirements as long as there is no substantial change of circumstances in terms of sales volumes or consumption patterns in relation to young people. The labelling of these other tobacco products should follow specific rules. The visibility of the health warnings on smokeless tobacco products needs to be ensured. Warnings should therefore be placed on the two main surfaces of smokeless tobacco product packaging.
Amendment 25
Proposal for a directive
Recital 26
(26)   Considerable volumes of illicit products, which do not comply with the requirements laid down in Directive 2001/37/EC, are placed on the market and indications are that these volumes might increase. Such products undermine the free circulation of compliant products and the protection provided for by tobacco control legislations. In addition, the FCTC obliges the Union to fight against illicit products, as part of a comprehensive tobacco control policy. Provision should thus be made for unit packets of tobacco products to be marked in a unique and secure way and their movements to be recorded so that these products can be tracked and traced in the Union and their compliance with this Directive can be monitored and better enforced. In addition, provision should be made for the introduction of security features that will facilitate the verification of whether or not products are authentic.
(26)   Considerable volumes of illicit products, which do not comply with the requirements laid down in Directive 2001/37/EC, are placed on the market and indications are that these volumes might increase. Such products undermine the free circulation of compliant products and the protection provided for by tobacco control legislations. In addition, the FCTC obliges the Union to fight against illicit products, as part of a comprehensive tobacco control policy. Provision should thus be made for unit packets and any outside transport packaging of tobacco products to be marked in a unique and secure way and their movements to be recorded so that these products can be tracked and traced in the Union and their compliance with this Directive can be monitored and better enforced. In addition, provision should be made for the introduction of security features that will facilitate the verification of whether or not products are authentic, and to ensure that the unique identifiers of unit packets are linked to the unique identifier on the outside transport packaging .
Amendment 26
Proposal for a directive
Recital 28
(28)   In order to ensure independence and transparency, manufacturers of tobacco products should conclude data storage contracts with independent third parties, under the auspices of an external auditor. The data related to the tracking and tracing system should be kept separate from other company related data and be under the control of and accessible at all times by the competent authorities from Member States and the Commission.
(28)   In order to ensure independence and transparency, manufacturers of tobacco products should conclude data storage contracts with independent third parties. The suitability of such contracts should be approved and monitored by the Commission, assisted by an independent external auditor. The data related to the tracking and tracing system should be kept separate from other company related data and be under the control of and accessible at all times by the competent authorities from Member States and the Commission.
Amendment 27
Proposal for a directive
Recital 29
(29)   Council Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products and the prohibition of the marketing of certain types of tobacco for oral use prohibited the sale in the Member States of certain types of tobacco for oral use. Directive 2001/37/EC confirmed this prohibition. Article 151 of the Act of Accession of Austria, Finland and Sweden grants the Kingdom of Sweden derogation from this prohibition. The prohibition of the sale of oral tobacco should be maintained in order to prevent the introduction to the internal market of a product that is addictive, has adverse health effects and is attractive to young people. For other smokeless tobacco products that are not produced for the mass market, a strict labelling and ingredients regulation is considered sufficient to contain market expansion beyond their traditional use.
(29)   Council Directive 89/622/EEC of 13 November 1989 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the labelling of tobacco products and the prohibition of the marketing of certain types of tobacco for oral use prohibited the sale in the Member States of certain types of tobacco for oral use. Directive 2001/37/EC confirmed this prohibition. Article 151 of the Act of Accession of Austria, Finland and Sweden grants the Kingdom of Sweden derogation from this prohibition. The prohibition of the sale of oral tobacco should be maintained in order to prevent the introduction to the internal market of a product that is addictive, has adverse health effects and is attractive to young people.
Amendment 28
Proposal for a directive
Recital 29 a (new)
(29a)   Given the general prohibition of the sale of oral tobacco (snus) in the Union, there is no cross-border interest in regulating the content of snus. The responsibility for regulating the content of snus thus lies with the Member State where the sale of snus is permitted in accordance with Article 151 of the Act of Accession of Austria, Finland and Sweden. Snus should therefore be exempt from the provisions of Article 6 of this Directive.
Amendment 29
Proposal for a directive
Recital 30
(30)   Cross-border distance sales of tobacco facilitate access to tobacco products of young people and risk to undermine compliance with the requirements provided for by tobacco control legislation and in particular by this Directive. Common rules on a notification system are necessary to ensure that this Directive achieves its full potential. The provision on notification of cross-border distance sales of tobacco in this Directive should apply notwithstanding the notification procedure set out in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services. Business to consumer distance sale of tobacco products is further regulated by Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in respect of distance contracts, which will be replaced by Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, as of 13 June 2014.
(30)   Cross-border distance sales of tobacco should be prohibited as they facilitate young people's access to tobacco products and risk undermining compliance with the requirements of this Directive.
Amendment 30
Proposal for a directive
Recital 30 a (new)
(30a)   Directive 2003/33/EC on advertising and sponsorship of tobacco products already prohibits the free distribution of such products in the context of the sponsorship of events. This Directive, which regulates aspects relating to the presentation and sale of tobacco and aims to achieve a high level of health protection and prevention of tobacco consumption among young people, extends the scope of the ban on free distribution to public places and specifically prohibits the distribution of printed material, discount coupons and similar special offers inside packages and wrappings.
Amendment 31
Proposal for a directive
Recital 30 b (new)
(30b)   The Commission and the Member States should commit themselves to the effective implementation of the Protocol to the FCTC to eliminate illicit trade in tobacco products. Efforts should be made to prevent and improve the control of illegal trafficking of tobacco products manufactured in third countries.
Amendment 32
Proposal for a directive
Recital 31
(31)   All tobacco products have the potential to cause mortality, morbidity and disability and their consumption should be contained . It is therefore important to monitor developments as regards novel tobacco products. A notification obligation for novel tobacco products should be put on manufacturers and importers, without prejudice to the power of the Member States to ban or to authorise them. The Commission should monitor the development and submit a report 5 years after the transposition deadline of this Directive, in order to assess whether amendments to this Directive are necessary.
(31)   All tobacco products have the potential to cause mortality, morbidity and disability and their manufacture, distribution and consumption should be regulated . It is therefore important to monitor developments as regards novel tobacco products. A notification obligation for novel tobacco products should be put on manufacturers and importers, without prejudice to the power of the Member States to ban or to authorise them. The Commission should monitor the development and submit a report three years after the transposition deadline of this Directive, in order to assess whether amendments to this Directive are necessary.
Amendment 165
Proposal for a directive
Recital 33
(33)   Nicotine-containing products are sold on the Union market. The different regulatory approaches taken by Member States to address health and safety concerns associated with these products have a negative impact on the functioning of the internal market, in particular considering that these products are subject to significant cross-border distance sales including via the internet .
(33)   Nicotine-containing products - including e-cigarettes - are sold on the Union market. However Member States have taken different regulatory approaches to address health and safety concerns associated with these products. There is a need for harmonized rules, therefore all nicotine-containing products should be regulated under this Directive as a related tobacco product. Given the potential of nicotine-containing products to aid smoking cessation, Member States should ensure that they can be made available as widely as tobacco products .
Amendments 118 and 137/REV
Proposal for a directive
Recital 34
(34)   Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use 1 provides a legal framework to assess the quality, safety and efficacy of medicinal products including nicotine containing products. A significant number of nicotine-containing products were already authorised under this regulatory regime. The authorisation takes into account the nicotine content of the product in question. Subjecting all nicotine-containing products, whose nicotine content equals or exceeds the content of a nicotine containing product previously authorised under Directive 2001/83/EC, to the same legal framework clarifies the legal situation, levels out differences between national legislations, ensures equal treatment of all nicotine containing products usable for smoking cessation purposes and creates incentives for research and innovation in smoking cessation. This should be without prejudice to the application of Directive 2001/83/EC to other products covered by this Directive if the conditions set by Directive 2001/83/EC are fulfilled.
deleted
__________________
1 OJ L 311, 28.11.2001, p. 67, as last amended by Directive 2011/62/EU, OJ L 174, 1.7.2011, p. 74.
Amendment 35
Proposal for a directive
Recital 35
(35)   Labelling provisions should be introduced for nicotine containing products below the threshold set out in this Directive drawing the attention of consumers to potential health risks.
deleted
Amendment 36
Proposal for a directive
Recital 35 a (new)
(35a)   Member States should ensure that nicotine-containing products are not sold to persons below the age required for purchasing tobacco products or related products.
Amendment 37
Proposal for a directive
Recital 37
(37)   In order to ensure uniform conditions for the implementation of this Directive, in particular concerning the format of ingredients reporting, the determination of products with characterising flavours or with increased levels of toxicity and addictiveness and the methodology for determining whether a tobacco product has characterising flavour, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
(37)   In order to ensure uniform conditions for the implementation of this Directive, in particular concerning the format of ingredients reporting, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
Amendment 38
Proposal for a directive
Recital 38
(38)   In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods, setting maximum levels for ingredients that increase toxicity, addictiveness or attractiveness , the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products and reviewing the nicotine levels for nicotine containing products . It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
(38)   In order to make this Directive fully operational and to keep up with technical, scientific and international developments in tobacco manufacture, consumption and regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission, in particular in respect of adopting and adapting maximum yields for emissions and their measurement methods, approving additives and setting maximum levels for additives as necessary , the use of health warnings, unique identifiers and security features in the labelling and packaging, defining key elements for contracts on data storage with independent third parties, and reviewing certain exemptions granted to tobacco products other than cigarettes, roll-your-own tobacco and water pipe tobacco . It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 39
Proposal for a directive
Recital 39
(39)   The Commission should monitor the developments and submit a report 5 years after the date of transposition of this Directive, in order to assess whether amendments to this Directive are necessary.
(39)   The Commission should monitor the developments and submit a report three years after the date of transposition of this Directive, in order to assess whether amendments to this Directive are necessary, in particular as regards packaging .
Amendment 40
Proposal for a directive
Recital 39 a (new)
(39a)   Member States have an important responsibility in protecting public health and taking preventive action, providing public guarantees, monitoring and advice for young people, and carrying out preventive public anti-smoking campaigns, particularly in schools. Universal free access to smoking cessation consultations and corresponding treatments is considered vital.
Amendment 41
Proposal for a directive
Recital 40
(40)   A Member State that deems it necessary to maintain more stringent national provisions for aspects falling inside the scope of this Directive should be allowed to do so, for all products alike, on grounds of overriding needs relating to the protection of public health . A Member State should also be allowed to introduce more stringent provisions, applying to all products alike, on grounds relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health. More stringent national provisions should be necessary and proportionate, not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Stricter national provisions require prior notification to, and approval from, the Commission taking into account the high level of health protection achieved through this Directive.
(40)   A Member State that deems it necessary to maintain or introduce more stringent national provisions for aspects falling inside the scope of this Directive should be allowed to do so, for all products alike, insofar as such measures are compatible with the TFEU . Stricter national provisions require prior notification to, and approval from, the Commission taking into account the high level of health protection achieved through this Directive.
Amendment 42
Proposal for a directive
Recital 42
(42)   Member States should ensure that personal data are only processed in accordance with the rules and safeguards laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
(42)   Member States should ensure that personal data are only processed in accordance with the rules and safeguards laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. It is essential that national data protection provisions also be taken into account.
Amendment 43
Proposal for a directive
Recital 45
(45)   The proposal affects several fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom of expression and information (Article 11), freedom of economic operators to conduct business (Article 16), and the right to property (Article 17). The obligations imposed on manufacturers, importers and distributors of tobacco products are necessary to improve the functioning of the internal market while ensuring a high level of health and consumer protection as set out in Articles 35 and 38 of the Charter of Fundamental Rights of the European Union . The application of this Directive should respect the EU law and relevant international obligations.
(45)   The proposal affects several fundamental rights as laid down in the Charter of Fundamental Rights of the European Union, notably the protection of personal data (Article 8), the freedom of expression and information (Article 11), freedom of economic operators to conduct business (Article 16), and the right to property of trademark holders (Article 17). It is therefore necessary to ensure that the obligations imposed on manufacturers, importers and distributors of tobacco products not only guarantee a high level of health and consumer protection, but also protect all other fundamental rights and are proportionate with respect to the functioning of the internal market . The application of this Directive should respect the Union law and relevant international obligations.
Amendment 44
Proposal for a directive
Recital 45 a (new)
(45a)   Member States should respect the right to clean air within the spirit of Article 7 (b) and Article 12 of the International Covenant on Economic, Social and Cultural Rights providing for rights for safe and healthy working conditions and the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. This is within the aim of Article 37 of the Charter of Fundamental rights where a high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the Union.
Amendment 45
Proposal for a directive
Article 1
The aim of this Directive is to approximate the laws, regulations and administrative provisions of the Member States concerning:
The aim of this Directive is to approximate the laws, regulations and administrative provisions of the Member States concerning:
(a)   the ingredients and emissions of tobacco products and related reporting obligations including the maximum yields for tar, nicotine and carbon monoxide for cigarettes;
(a)   the ingredients and emissions of tobacco products and related reporting obligations including the maximum yields for tar, nicotine and carbon monoxide for cigarettes;
(b)   the labelling and packaging of tobacco products including the health warnings to appear on unit packets of tobacco products and any outside packaging as well as traceability and security features to ensure compliance with this Directive;
(b)   the labelling and packaging of tobacco products including the health warnings to appear on unit packets of tobacco products and any outside packaging as well as traceability and security features to ensure compliance with this Directive;
(c)   the prohibition to place on the market tobacco for oral use;
(c)   the prohibition to place on the market tobacco for oral use;
(d)   cross-border distance sales of tobacco products;
(d)   the prohibition of cross-border distance sales of tobacco products;
(e)   the notification obligation for novel tobacco products;
(e)   the notification obligation for novel tobacco products;
(f)   the placing on the market and the labelling of certain products, which are related to tobacco products, namely nicotine-containing products and herbal products for smoking;
(f)   the placing on the market and the labelling of certain products, which are related to tobacco products, namely nicotine-containing products and herbal products for smoking;
in order to facilitate the functioning of the internal market in tobacco and related products, taking as a basis a high level of health protection.
in order to meet obligations under the WHO Framework Convention for Tobacco Control and in order to facilitate the functioning of the internal market in tobacco and related products, taking as a base a high level of health protection, especially for young people .
Amendment 46
Proposal for a directive
Article 2
For the purposes of this Directive, the following definitions shall apply:
For the purposes of this Directive, the following definitions shall apply:
(1)   'addictiveness' means the pharmacological potential of a substance to cause addiction, a state which affects an individual’s ability to control behaviour typically by instilling a reward or a relief from withdrawal symptoms, or both;
(1)   'addictiveness' means the pharmacological potential of a substance to cause addiction, a state which affects an individual’s ability to control behaviour typically by instilling a reward or a relief from withdrawal symptoms, or both;
(2)   'additive' means substance contained in a tobacco product, its unit packet or any outside packaging with the exception of tobacco leaves and other natural or unprocessed parts of tobacco plants;
(2)   'additive' means substance contained in a tobacco product, its unit packet or any outside packaging with the exception of tobacco leaves and other natural or unprocessed parts of tobacco plants;
(3)   ‘age verification system’ means a computing system that unambiguously confirms the consumer's age in electronic form according to national requirements;
(3)   ‘age verification system’ means a computing system that unambiguously confirms the consumer's age in electronic form according to national requirements;
(4)   'characterising flavour' means a distinguishable aroma or taste other than tobacco, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla observable before or upon intended use of the tobacco product;
(4)   'characterising flavour' means a distinguishable aroma or taste other than tobacco, resulting from an additive or combination of additives, including but not limited to fruit, spice, herb, alcohol, candy, menthol or vanilla which is observable before or upon use of the tobacco product;
(5)   'chewing tobacco' means a smokeless tobacco product exclusively designed for the purpose of chewing;
(5)   'chewing tobacco' means a smokeless tobacco product exclusively designed for the purpose of chewing;
(6)   'cigar' means a roll of tobacco consumed via a combustion process and further defined in Article 4(1) of Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco;
(6)   'cigar' means a roll of tobacco consumed via a combustion process and further defined in Article 4(1) of Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco;
(7)   'cigarette' means a roll of tobacco consumed via a combustion process and further defined in Article 3(1) of Council Directive 2011/64/EU;
(7)   'cigarette' means a roll of tobacco consumed via a combustion process and further defined in Article 3(1) of Council Directive 2011/64/EU;
(8)   'cigarillo' means a small type of cigar with a diameter of up to 8 mm ;
(8)   'cigarillo' means a small type of cigar and is further defined in Article 8 (1) of Council Directive 2007/74/EC ;
(9)   'combined health warning' means a health warning provided for in this Directive and consisting of a combination of a text warning and a corresponding photograph or illustration;
(9)   'combined health warning' means a health warning provided for in this Directive and consisting of a combination of a text warning and a corresponding photograph or illustration;
(10)   'consumer' means a natural person who is acting for purposes which are outside his trade, business, craft or profession;
(10)   'consumer' means a natural person who is acting for purposes which are outside his trade, business, craft or profession;
(11)   'cross-border distance sales' means a distance sales service where, at the time the consumer orders the product, the consumer is located in a Member State other than the Member State or the third country where the retail outlet is established; a retail outlet is deemed to be established in a Member State:
(11)   'cross-border distance sales' means a distance sales service where, at the time the consumer orders the product, the consumer is located in a Member State other than the Member State or the third country where the retail outlet is established; a retail outlet is deemed to be established in a Member State:
(a)   in the case of a natural person - if he/she has his/her place of business in that Member State;
(a)   in the case of a natural person - if he/she has his/her place of business in that Member State;
(b)   in other cases - if it has its statutory seat, central administration or place of business, including a branch, agency or any other establishment in that Member State;
(b)   in other cases - if it has its statutory seat, central administration or place of business, including a branch, agency or any other establishment in that Member State;
(12)   'emissions' means substances that are released when a tobacco product is used as intended, such as substances found in smoke, or substances released during the process of using smokeless tobacco products;
(12)   'emissions' means substances that are released when a tobacco product is used as intended, such as substances found in smoke, or substances released during the process of using smokeless tobacco products;
(13)   'flavouring' means an additive that imparts aroma and/or taste;
(13)   'flavouring' means an additive that imparts aroma and/or taste;
(14)   'health warning' means a warning provided for in this Directive, including text warnings, combined health warnings, general warnings and information messages;
(14)   'health warning' means a warning provided for in this Directive, including text warnings, combined health warnings, general warnings and information messages;
(15)   'herbal product for smoking' means a product based on plants or herbs which contains no tobacco and is consumed via a combustion process;
(15)   'herbal product for smoking' means a product based on plants or herbs which contains no tobacco and is consumed via a combustion process;
(16)   'import of tobacco and related products' means the entry into the territory of the Union of such products unless the products upon their entry into the Union are placed under a customs suspensive procedure or arrangement, as well as their release from a customs suspensive procedure or arrangement;
(16)   'import of tobacco and related products' means the entry into the territory of the Union of such products unless the products upon their entry into the Union are placed under a customs suspensive procedure or arrangement, as well as their release from a customs suspensive procedure or arrangement;
(17)   'importer of tobacco and related products' means the owner or a person having the right of disposal over tobacco and related products that have been brought into the territory of the Union;
(17)   'importer of tobacco and related products' means the owner or a person having the right of disposal over tobacco and related products that have been brought into the territory of the Union;
(18)   'ingredient' means an additive, tobacco (leaves and other natural, processed or unprocessed parts of tobacco plants including expanded and reconstituted tobacco), as well as any substance present in a finished tobacco product including paper, filter, inks, capsules and adhesives;
(18)   'ingredient' means an additive, tobacco, as well as any substance present in a finished tobacco product including paper, filter, inks, capsules and adhesives;
(18a)   'tobacco' means leaves and other natural processed or unprocessed parts of tobacco plants, including expanded and reconstituted tobacco;
(19)   'maximum level' or 'maximum yield' means the maximum content or emission, including 0, of a substance in a tobacco product measured in grams;
(19)   'maximum level' or 'maximum yield' means the maximum content or emission, including 0, of a substance in a tobacco product measured in grams;
(20)   'nasal tobacco' means a smokeless tobacco product consumed via the nose;
(20)   'nasal tobacco' means a smokeless tobacco product consumed via the nose;
(21)   'nicotine' means nicotinic alkaloids;
(21)   'nicotine' means nicotinic alkaloids;
(22)   'nicotine-containing product' means a product usable for consumption by consumers via inhalation, ingestion or in other forms and to which nicotine is either added during the manufacturing process or self-administered by the user before or during consumption;
(22)   'nicotine-containing product' means a product usable for consumption by consumers via inhalation, ingestion or in other forms and to which nicotine is either added during the manufacturing process or self-administered by the user before or during consumption;
(23)   'novel tobacco product' means a tobacco product other than a cigarette, roll-your-own tobacco, pipe tobacco, water-pipe tobacco, cigar, cigarillo, chewing tobacco, nasal tobacco or tobacco for oral use placed on the market after entry into force of this Directive;
(23)   'novel tobacco product' means a tobacco product other than a cigarette, roll-your-own tobacco, pipe tobacco, water-pipe tobacco, cigar, cigarillo, chewing tobacco, nasal tobacco or tobacco for oral use placed on the market after entry into force of this Directive;
(24)   'outside packaging' means any packaging in which products are placed on the market and which include a unit packet or an aggregation of unit packets; transparent wrappers are not regarded as outside packaging;
(24)   'outside packaging' means any packaging in which products are placed on the market and which include a unit packet or an aggregation of unit packets; transparent wrappers are not regarded as outside packaging;
(24a)   ‘outside transport packaging’ means any packaging, consisting of an aggregation of unit packets, in which tobacco products are transported from the manufacturer to the subsequent economic operators before being placed on the market, such as cartons, master cases and pallets;
(25)   'place on the market' means to make products available to consumers located in the Union, with or without payment, including by means of distance sale; in case of cross-border distance sales the product is deemed to be placed on the market in the Member State where the consumer is located;
(25)   'place on the market' means to make products available to consumers located in the Union, with or without payment, including by means of distance sale; in case of cross-border distance sales the product is deemed to be placed on the market in the Member State where the consumer is located;
(26)   'pipe tobacco' means tobacco consumed via a combustion process and exclusively designed for the purpose of being used in a pipe;
(26)   'pipe tobacco' means tobacco consumed via a combustion process and exclusively designed for the purpose of being used in a pipe;
(26a)‘water pipe tobacco’ means tobacco intended solely for use in a water pipe;
(27)   'retail outlet' means any outlet where tobacco products are placed on the market including by a natural person;
(27)   'retail outlet' means any outlet where tobacco products are placed on the market including by a natural person;
(28)   'roll-your-own tobacco' means tobacco which can be used for making cigarettes by consumers or retail outlets;
(28)   'roll-your-own tobacco' means tobacco which can be used for making cigarettes by consumers or retail outlets;
(29)   'smokeless tobacco product' means a tobacco product not involving a combustion process, including chewing tobacco, nasal tobacco and tobacco for oral use;
(29)   'smokeless tobacco product' means a tobacco product not involving a combustion process, including chewing tobacco, nasal tobacco and tobacco for oral use;
(30)   ‘substantial change of circumstances’ means an increase of the sales volumes by product category, such as pipe tobacco, cigar, cigarillo, by at least 10% in at least 10  Member States based on sales data transmitted in accordance with Article 5(4); or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least 10 Member States for the respective product category based on ____ [this date will be set at the moment of adoption of the Directive] Eurobarometer report or equivalent prevalence studies;
(30)   ‘substantial change of circumstances’ means an increase of the sales volumes by product category, such as pipe tobacco, cigar, cigarillo, by at least 10% in at least five Member States based on sales data transmitted in accordance with Article 5(4); or an increase of the prevalence level in the consumer group under 25 years of age by at least 5 percentage points in at least five Member States for the respective product category based on ____ [this date will be set at the moment of adoption of the Directive] Eurobarometer report or equivalent prevalence studies;
(31)   'tar' means the raw anhydrous nicotine-free condensate of smoke;
(31)   'tar' means the raw anhydrous nicotine-free condensate of smoke;
(32)   'tobacco for oral use' means all products for oral use, except those intended to be inhaled or chewed, made wholly or partly of tobacco, in powder or in particulate form or in any combination of those forms, particularly those presented in sachet portions or porous sachets;
(32)   'tobacco for oral use' means all products for oral use, except those intended to be inhaled or chewed, made wholly or partly of tobacco, in powder or in particulate form or in any combination of those forms, particularly those presented in sachet portions or porous sachets;
(33)   'tobacco for smoking' means a tobacco product other than a smokeless tobacco product;
(33)   'tobacco for smoking' means a tobacco product other than a smokeless tobacco product;
(33)   'tobacco for smoking' means a tobacco product other than a smokeless tobacco product;
(33)   'tobacco for smoking' means a tobacco product other than a smokeless tobacco product;
(34)   'tobacco products' means products usable for consumption by consumers and consisting of, even partly, tobacco, whether genetically modified or not;
(34)   'tobacco products' means products usable for consumption by consumers and consisting of, even partly, tobacco, whether genetically modified or not;
(35)   'toxicity' means the degree to which a substance can cause harmful effects in the human organism, including effects occuring over time, usually upon repeated or continuous consumption or exposure;
(35)   'toxicity' means the degree to which a substance can cause harmful effects in the human organism, including effects occuring over time, usually upon repeated or continuous consumption or exposure;
(36)   'unit packet' means the smallest individual packaging of a product that is placed on the market.
(36)   'unit packet' means the smallest individual packaging of a product that is placed on the market.
(36a)   ‘passive smoking’ means the involuntary inhalation of smoke from the combustion of cigarettes or cigars or from the exhalation of one or more smokers.
Amendments 89 and 149
Proposal for a directive
Article 3 – paragraph 2
2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the maximum yields laid down in paragraph 1, taking into account scientific development and internationally agreed standards.
deleted
Amendment 90
Proposal for a directive
Article 3 – paragraph 3
3.   Member States shall notify the Commission of the maximum yields that they set for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Taking into account internationally agreed standards, where available, and based on scientific evidence and on the yields notified by Member States, the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt maximum yields for other emissions of cigarettes and for emissions of tobacco products other than cigarettes that increase in an appreciable manner the toxic or addictive effect of tobacco products beyond the threshold of toxicity and addictiveness stemming from the yields of tar, nicotine and carbon monoxide fixed in paragraph 1.
deleted
Amendment 48
Proposal for a directive
Article 4
1.   The tar, nicotine and carbon monoxide yields of cigarettes shall be measured on the basis of ISO standards 4387 for tar, 10315 for nicotine, and 8454 for carbon monoxide.
1.   The tar, nicotine and carbon monoxide yields of cigarettes shall be measured on the basis of ISO standards 4387 for tar, 10315 for nicotine, and 8454 for carbon monoxide.
The accuracy of the tar and nicotine indications shall be verified in accordance with ISO standard 8243.
The accuracy of the tar, nicotine and carbon monoxide indications shall be verified in accordance with ISO standard 8243.
2.   The measurement referred to in paragraph 1 shall be carried out or verified by testing laboratories which are approved and monitored by the competent authorities of the Member States.
2.   The measurement referred to in paragraph 1 shall be carried out or verified by independent testing laboratories which are approved and monitored by the competent authorities of the Member States.
Member States shall send the Commission a list of approved laboratories, specifying the criteria used for approval and the methods of monitoring applied, and update it whenever any change is made. The Commission shall make the list of approved laboratories as indicated by Member States publicly available.
Member States shall send the Commission a list of approved laboratories, specifying the criteria used for approval, and the methods of monitoring applied, and update it whenever any change is made. The Commission shall make the list of approved laboratories as indicated by Member States publicly available.
2a.   Tests verifying the validity of the result supplied by the tobacco companies shall be done on a regular basis by independent testing laboratories monitored by the competent authorities of the Member States.
3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the methods of measurement of the tar, nicotine and carbon monoxide yields, taking into account scientific and technical developments and internationally agreed standards.
3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to supplement or amend the methods of measurement of the tar, nicotine and carbon monoxide yields, taking into account scientific and technical developments and internationally agreed standards.
4.   Member States shall notify the Commission of the methods of measurement that they use for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. Based on these methods, and taking into account scientific and technical developments as well as internationally agreed standards the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adopt and adapt methods of measurement.
4.   Member States shall notify the Commission of the methods of measurement that they use for other emissions of cigarettes and for emissions of tobacco products other than cigarettes. The Commission shall adopt delegated acts in accordance with Article 22 to integrate into Union law methods agreed by the Parties to the FCTC or WHO .
4a.   The accuracy of the indications for the other emissions of other combustible tobacco products shall be verified in accordance with ISO standard 8243.
Amendments 91, 92 and 49
Proposal for a directive
Article 5
1.   Member States shall require manufacturers and importers of tobacco products to submit to their competent authorities a list of all ingredients, and quantities thereof, used in the manufacture of the tobacco products by brand name and type, as well as their emissions and yields. Manufacturers or importers shall also inform the competent authorities of the concerned Member States if the composition of a product is modified affecting the information provided under this Article. Information required under this Article shall be submitted prior to the placing of the market of a new or modified tobacco product.
1.   Member States shall require manufacturers and importers of tobacco products to submit to their competent authorities a list of all ingredients, and quantities thereof, used in the manufacture of the tobacco products by brand name and type, as well as their emissions and yields resulting from intended use . Manufacturers or importers shall also inform the competent authorities of the concerned Member States if the composition of a product is modified affecting the information provided under this Article. Information required under this Article shall be submitted prior to the placing of the market of a new or modified tobacco product.
The list shall be accompanied by a statement setting out the reasons for the inclusion of such ingredients in those tobacco products. The list shall indicate their status, including whether the ingredients have been registered under 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)47 as well as their classification under Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures48 . The list shall also be accompanied by the toxicological data available to the manufacturer or importer regarding these ingredients in burnt or unburnt form as appropriate, referring in particular to their effects on health of consumers and taking into account, inter alia, any addictive effects. The list shall be established in descending order of the weight of each ingredient included in the product. Other than for tar, nicotine and carbon monoxide and for emissions referred to in Article 4 paragraph 4, the manufacturers and importers shall indicate the measurement methods used. Member States may also require manufacturers or importers to carry out other tests as may be laid down by the competent national authorities in order to assess the effects of substances on health, taking into account, inter alia, their addictiveness and toxicity.
The list shall be accompanied by a statement setting out the reasons for the inclusion of such ingredients in those tobacco products. The list shall indicate their status, including whether the ingredients have been registered under 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)47 as well as their classification under Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures48 . The list shall also be accompanied by the toxicological data available to the manufacturer or importer regarding these ingredients in burnt or unburnt form as appropriate, and that is at least sufficient to classify those substances pursuant to Regulation (EC) No 1272/2008, referring in particular to their effects on health of consumers and taking into account, inter alia, any addictive effects. The list shall be established in descending order of the weight of each ingredient included in the product. Other than for tar, nicotine and carbon monoxide and for emissions referred to in Article 4 paragraph 4, the manufacturers and importers shall indicate the measurement methods used. Member States may also require manufacturers or importers to carry out other tests as may be laid down by the competent national authorities in order to assess the effects of substances on health, taking into account, inter alia, their addictiveness and toxicity.
2.   Member States shall ensure the dissemination of information submitted in accordance with paragraph 1 on a dedicated website, which is available to the general public. In doing so Member States shall take due account of the need to protect information which constitutes a trade secret.
2.   Member States shall ensure the dissemination of information submitted in accordance with paragraph 1 on a website, which is available to the general public. In doing so Member States shall take due account of the need to protect information which constitutes a trade secret.
3.   The Commission shall, by means of implementing acts, lay down and if necessary update the format for the submission and dissemination of the information specified in paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
3.   The Commission shall, by means of implementing acts, lay down and if necessary update the format for the submission and dissemination of the information specified in paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
4.   Member States shall require manufacturers and importers to submit internal and external studies available to them on market research and preferences of various consumer groups, including young people, relating to ingredients and emissions. Member States shall also require manufacturers and importers to report the sales volume data per product, reported in sticks or kilograms, and per Member State on a yearly basis starting from the full calendar year following that of the entry into force of this Directive. Member States shall provide alternative or additional sales data, as appropriate, to ensure that information on sales volume requested under this paragraph is reliable and complete.
4.   Member States shall require manufacturers and importers to submit internal and external studies available to them on market research and preferences of various consumer groups, including young people and chronic heavy smokers , relating to ingredients and emissions, as well as working summaries of any market surveys they carry out when launching new products . Member States shall also require manufacturers and importers to report the sales volume data per product, reported in sticks or kilograms, and per Member State on a yearly basis starting from the full calendar year following that of the entry into force of this Directive. Member States shall provide alternative or additional sales data, as appropriate, to ensure that information on sales volume requested under this paragraph is reliable and complete.
5.   All data and information to be provided to and by Member States under this Article shall be provided in electronic form. Member States shall store the information electronically and shall ensure that the Commission has access to the information at all times. Other Member States shall have access to this information upon justified request. Member States and the Commission shall ensure that trade secrets and other confidential information are treated in a confidential manner.
5.   All data and information to be provided to and by Member States under this Article shall be provided in electronic form. Member States shall store the information electronically and shall ensure that the Commission has access to the information at all times. Other Member States shall have access to this information upon justified request. Member States and the Commission shall ensure that trade secrets and other confidential information are treated in a confidential manner.
5a.   The Commission shall analyse all the information made available under this Article (particularly information relating to the addictiveness and toxicity of ingredients, market research and sales data) and shall produce a regular report to the European Parliament and the Council summarising the main findings.
5b.   The information collected pursuant to this Article shall be taken into account for the purpose of the approval of additives in accordance with Article 6(10a).
6.   Fees charged by Member States for receiving, storing, handling, analysing and publishing the information submitted to them under this Article, if any, shall not exceed the cost attributable to those activities .
6.   Proportionate fees may be charged by Member States for receiving, storing, handling, analysing and publishing the information submitted to them under this Article.
Amendments 50, 87 and 95
Proposal for a directive
Article 6
1.   Member States shall prohibit the placing on the market of tobacco products with a characterising flavour.
1.   Additives shall not be used in tobacco products unless they are approved in accordance with this Directive. Approved additives shall be included in the list set out in Annex [-I]. Any conditions or restrictions on use of approved additives shall also be indicated in the list. The placing on the market of tobacco products containing additives not listed in Annex [-I] or used not in compliance with any conditions or restrictions laid down in that Annex to this Directive shall be prohibited.
The following additives may not be approved:
(a)   vitamins and other additives that create the impression that a tobacco product has a health benefit or presents reduced health hazards;
(b)   caffeine and taurine and other additives and stimulant compounds that are associated with energy and vitality;
(c)   additives having colouring properties for emissions;
(d)   additives that meet the criteria for classification as hazardous substances in accordance with Regulation (EC) No 1272/2008, or that result in such substances upon combustion;
(e)   additives which, when used, may impart a characterising flavour.
(f)   additives that increase at the stage of consumption the toxic or addictive effect of a tobacco product.
Notwithstanding point (e) of the previous subparagraph, where a certain additive or combination thereof typically imparts a characterising flavour only when it exceeds a certain level of presence or concentration, the additive or additives in question may be approved provided that maximum allowed levels are set.
Notwithstanding point (f) of the second subparagraph, where a certain additive amplifies at the stage of consumption the toxic or addictive effect of a tobacco product only when it exceeds a certain level of presence or concentration, including standard safety margins, the additive in question may be approved provided that maximum allowed levels are set.
Member States shall not prohibit the use of additives which are essential for the manufacture of tobacco products, as long as the additives do not result in a product with a characterising flavour.
Additives which are essential for the manufacture of tobacco products may be approved as long as the additives do not result in a product with a characterising flavour. The reconstitution of sugar compounds in tobacco products up to the levels present in tobacco leaves prior to cutting shall be deemed as not resulting in a characterising flavour .
Member States shall notify the Commission of measures taken pursuant to this paragraph.
2.   The Commission shall at the request of a Member State or may on its own initiative determine by means of implementing acts whether a tobacco product falls within the scope of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
The Commission shall adopt by means of implemeting acts uniform rules on the procedures for determining whether a tobacco product falls within the scope of paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21.
3.   In case the experience gained in the application of paragraphs 1 and 2 shows that a certain additive or a combination thereof typically impart a characterising flavour when it exceeds a certain level of presence or concentration the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives or combination of additives that cause the characterising flavour.
4.   Member States shall prohibit the use of the following additives in tobacco products:
(a)   vitamins and other additives that create the impression that a tobacco product has a health benefit or presents reduced health hazards, or
(b)   caffeine and taurine and other additives and stimulant compounds that are associated with energy and vitality, or
(c)   additives having colouring properties for emissions.
5.   Member States shall prohibit the use of flavourings in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity. Filters and capsules shall not contain tobacco.
5.   The use of flavourings in the components of tobacco products such as filters, papers, packages, capsules or any technical features allowing modification of flavour or smoke intensity shall be prohibited . Filters and capsules shall not contain tobacco.
6.   Member States shall ensure that provisions or conditions set out under Regulation (EC) No 1907/2006 are applied to tobacco products as appropriate.
7.   Member States shall, based on scientific evidence, prohibit the placing on the market of tobacco products with additives in quantities that increase in an appreciable manner at the stage of consumption the toxic or addictive effect of a tobacco product.
Member States shall notify to the Commission measures taken pursuant to this paragraph.
8.   The Commission shall at the request of a Member State or may on its own initiative determine by means of an implementing act whether a tobacco product falls within the scope of paragraph 7. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21 and shall be based on the latest scientific evidence.
9.   In case scientific evidence and the experience gained in the application of paragraphs 7 and 8 shows that a certain additive or a certain quantity thereof amplify in an appreciable manner at the stage of consumption the toxic or addictive effect of a tobacco product the Commission shall be empowered to adopt delegated acts in accordance with Article 22 to set maximum levels for those additives.
10.   Tobacco products other than cigarettes, roll-your-own tobacco and smokeless tobacco products shall be exempted from the prohibitions laid down in paragraphs 1 and 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
10.   Tobacco products other than cigarettes, roll-your-own tobacco and water pipe tobacco shall be exempted from the application of point (e) of the second subparagraph of paragraph 1, and paragraph 5. The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to withdraw this exemption if there is a substantial change of circumstances as established in a Commission report.
10a.   In order to obtain the approval of an additive, manufacturers and importers shall make an application to the Commission. The application shall be accompanied by the following particulars:
(a)   name or corporate name and permanent address of the applicant;
(b)   chemical name of the additive;
(c)   function of the additive and maximum quantity to be used per cigarette;
(d)   clear evidence supported by scientific data that the additive does not fall under any of the exclusion criteria listed in this Article.
The Commission may ask the relevant scientific committee whether the additive concerned falls under any of the exclusion criteria listed in this Article as such, or only as of a certain concentration. The Commission shall take a decision on the application after receiving the application.
The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to approve the additive, with allowed maximum levels where relevant, and amend Annex [-I] accordingly.
10b.   The use of menthol in all its commercial forms known on the date of publication of this Directive shall be exempted from the application of this Article for a period of five years from the date referred to in Article 25(1).
10c.   Oral tobacco (snus) shall be exempt from the provisions of this Article.
10d.   This Article shall be without prejudice to the application to tobacco products of the relevant provisions of Regulation (EC) No 1907/2006 or of any conditions set pursuant to that Regulation.
10e.   This Article shall apply as from … * .
_______________
* 36 months from the entry into force of this Directive
Amendment 51
Proposal for a directive
Article 7
1.   Each unit packet of tobacco products and any outside packaging shall carry health warnings in the official language or languages of the Member State where the product is placed on the market.
1.   Each unit packet of tobacco products and any outside packaging shall carry health warnings in the official language or languages of the Member State where the product is placed on the market.
2.   Health warnings shall occupy the entire surface reserved for them and they shall not be commented on, paraphrased or referred to in any form.
2.   Health warnings shall occupy the entire surface reserved for them and they shall not be commented on, paraphrased or referred to in any form.
3.   In order to ensure their graphic integrity and visibility, health warnings shall be irremovably printed, indelible and in no way hidden or interrupted, including by tax stamps, price marks, tracking and tracing marks, security features or by any type of wrapper, pouch, jacket, box or other device or by the opening of the unit packet.
3.   In order to ensure their graphic integrity and visibility, health warnings shall be irremovably printed, indelible and in no way hidden or interrupted, including by tax stamps, price marks, tracking and tracing marks, security features or by any type of wrapper, pouch, jacket, box or other device or by the opening of the unit packet. In the case of tobacco products other than cigarettes, roll-your-own, water-pipe tobacco and smokeless tobacco products, health warnings may be affixed by means of stickers, provided that such stickers cannot be removed.
4.   Member States shall ensure that the health warnings of the main surface of the unit packet and any outside packaging are fully visible, including not being partially or totally hidden or interrupted by wrappers, pouches, jacket, boxes or other devices when tobacco products are placed on the market.
4.   Member States shall ensure that the health warnings on the fields of vision on all sides of the unit packet and any outside packaging are fully visible, including not being partially or totally hidden or interrupted by wrappers, pouches, jacket, boxes or other devices when tobacco products are placed on the market.
5.   The health warnings shall in no way hide or interrupt the tax stamps, price marks, tracking and tracing marks, or security features on unit packets.
5.   The health warnings shall in no way hide or interrupt the tax stamps, price marks, tracking and tracing marks, or security features on unit packets.
6.   Member States shall not increase the size of the health warnings including by introduction of an obligation to surround the health warnings by a border. The actual size of the health warnings shall be calculated in relation to the surface on which they are placed before the unit packet is opened.
6.   Member States shall not increase the size of the health warnings including by introduction of an obligation to surround the health warnings by a border. The actual size of the health warnings shall be calculated in relation to the surface on which they are placed before the unit packet is opened.
7.   Images of unit packets and any outside packaging targeting consumers in the Union shall comply with the provisions of this chapter.
7.   Images of unit packets and any outside packaging targeting consumers in the Union shall comply with the provisions of this chapter.
7a.   The regulation of other aspects of the packet falls outside the scope of this Directive.
7b.   The unit packet and its surrounding packaging shall not include printed vouchers offering discounts, free distribution, two-for-one or other similar offers involving any type of tobacco product covered by this Directive.
Amendment 52
Proposal for a directive
Article 8 – paragraphs 1 to 3
1.   Each unit packet and any outside packaging of tobacco for smoking shall carry the following general warning:
1.   Each unit packet and any outside packaging of tobacco for smoking shall carry the following general warning:
Smoking kills – quit now
Smoking kills – quit now
2.   Each unit packet and any outside packaging of tobacco for smoking shall carry the following information message:
2.   Each unit packet and any outside packaging of tobacco for smoking shall carry the following information message:
Tobacco smoke contains over 70 substances known to cause cancer
Tobacco smoke contains over 70 substances known to cause cancer
3.   For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets. These warnings shall have a width of not less than 20 mm and a height of not less than 43 mm . For roll-your-own tobacco the information message shall be printed on the surface that becomes visible when opening the unit packet. Both the general warning and the information message shall cover 50% of the surface on which they are printed.
3.   For cigarette packets the general warning and the information message shall be printed on the lateral sides of the unit packets in black Helvetica bold type on a white background . These warnings shall have a width of not less than 20 mm. For roll-your-own tobacco in pouches the information message shall be printed on the surface that becomes visible when opening the unit packet, for cylindrical containers the warnings shall be printed on the lid, and for cuboid containers the warnings shall be printed on the lateral sides. Both the general warning and the information message shall cover 50% of the surface on which they are printed.
Amendment 96
Proposal for a directive
Article 8 – paragraph 4 – point b
(b)   to define the position, format, layout and design of the health warnings laid down in this Article, including their font type and background colour .
deleted
Amendments 168 and 181
Proposal for a directive
Article 9 – paragraph 1 – point c
(c)   cover 75 % of the external area of both the front and back surface of the unit packet and any outside packaging;
(c)   cover 65 % of the external area of both the front and back surface of the unit packet and any outside packaging;
Amendment 111
Proposal for a directive
Article 9 – paragraph 1 – point g – point i
(i)   height: not less than 64 mm;
(i)   height: not less than 50 mm;
Amendments 100, 112, 141 and 182
Proposal for a directive
Article 9 – paragraphs 1 – point g –point ii
(ii)   width: not less than 55 mm.
(ii)   width: not less than 52 mm.
Amendment 54
Proposal for a directive
Article 9 – paragraph 2
2.   The combined health warnings shall be divided into three sets rotating on an annual basis. Member States shall ensure that each combined health warning is displayed as nearly as possible on equal numbers of each brand.
2.   The combined health warnings shall be divided into three sets rotating on an annual basis. Member States shall ensure that each combined health warning available for use in any one year is displayed as nearly as possible on equal numbers of each brand.
Amendment 101
Proposal for a directive
Article 9 – paragraph 3 – point c
(c)   define the position, format, layout, design, rotation and proportions of the health warnings;
deleted
Amendment 55
Proposal for a directive
Article 9– paragraph 3 – point d
(d)   by way of derogation from Article 7(3), lay down the conditions under which health warnings may be broken during unit packet opening in a manner that ensures the graphical integrity and visibility of the text, photographs and cessation information
deleted
Amendment 56
Proposal for a directive
Article 10 – paragraphs 1 to 4
Labelling of tobacco for smoking other than cigarettes and roll-your-own tobacco
Labelling of tobacco for smoking other than cigarettes, roll-your-own, and water-pipe tobacco
1.   Tobacco for smoking other than cigarettes and roll-your-own tobacco shall be exempted from the obligations to carry the information message laid down in Article 8(2) and the combined health warnings in Article 9. In addition to the general warning specified in Article 8(1), each unit packet and any outside packaging of these products shall carry a text warning listed in Annex I. The general warning specified in Article 8(1) shall include a reference to the cessation services in accordance with Article 9(1)(b).
1.   Tobacco for smoking other than cigarettes, roll-your-own tobacco and water-pipe tobacco shall be exempted from the obligations to carry the information message laid down in Article 8(2) and the combined health warnings in Article 9. In addition to the general warning specified in Article 8(1), each unit packet and any outside packaging of these products shall carry a text warning listed in Annex I. The general warning specified in Article 8(1) shall include a reference to the cessation services in accordance with Article 9(1)(b).
The general warning shall be printed on the most visible surface of the unit packet and any outside packaging. The text warnings listed in Annex I shall be rotated in such a way as to guarantee their regular appearance. These warnings shall be printed on the other most visible surface of the unit packet and any outside packaging.
The general warning shall be printed on the most visible surface of the unit packet and any outside packaging. The text warnings listed in Annex I shall be rotated in such a way as to guarantee their regular appearance. These warnings shall be printed on the other most visible surface of the unit packet and any outside packaging.
2.   The general warning referred to in paragraph 1 shall cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with three official languages.
2.   The general warning referred to in paragraph 1 shall cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with more than two official languages.
3.   The text warning referred to in paragraph 1 shall cover 40 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 45 % for Member States with two official languages and 50 % for Member States with three official languages.
3.   The text warning referred to in paragraph 1 shall cover 40 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 45 % for Member States with two official languages and 50 % for Member States with more than two official languages.
3a.   In the case of packets whose most visible side has an area exceeding 75 cm², the warnings referred to in paragraphs 2 and 3 must, however, cover an area of at least 22,5 cm² on each side. That area shall be increased to 24 cm² for Member States with two official languages and 26,25 cm² for Member States with three official languages.
4.   The general warning and the text warning referred to in paragraph 1 shall be:
4.   The general warning and the text warning referred to in paragraph 1 shall be:
(a)   printed in black Helvetica bold type on a white background. In order to accommodate language requirements, Member States may determine the point size of the font, provided that the font size specified in their legislation is such as to occupy the greatest possible proportion of the area set aside for the text required;
(a)   printed in black Helvetica bold type on a white background. The warnings may be affixed by means of stickers, provided that such stickers are irremovable. In order to accommodate language requirements, Member States may determine the point size of the font, provided that the font size specified in their legislation is such as to occupy the greatest possible proportion of the area set aside for the text required;
(b)   centred in the area in which they are required to be printed, parallel to the top edge of the unit packet and any outside packaging;
(b)   centred in the area in which they are required to be printed, parallel to the top edge of the unit packet and any outside packaging;
(c)   surrounded by a black border not less than 3 mm and not more than 4 mm in width inside the surface reserved for the text of the warning.
(c)   surrounded by a black border not less than 3 mm and not more than 4 mm in width inside the surface reserved for the text of the warning.
Amendment 102
Proposal for a directive
Article 10 – paragraph 5
5.   The Commission shall be empowered to adopt delegated acts in accordance with Article 22, to withdraw the exemption laid down in paragraph 1 if there is a substantial change of circumstances as established in a Commission report.
deleted
Amendment 58
Proposal for a directive
Article 11 – paragraphs 1 and 2
1.   Each unit packet and any outside packaging of smokeless tobacco products shall carry the following health warning:
1.   Each unit packet and any outside packaging of smokeless tobacco products shall carry the following health warning:
This tobacco product can damage your health and is addictive
This tobacco product damages your health and is addictive
2.   The health warning laid down in paragraph 1 shall comply with the requirements specified in Article 10(4). In addition, it shall:
2.   The health warning laid down in paragraph 1 shall comply with the requirements specified in Article 10(4). In addition, it shall:
(a)   be printed on the two largest surfaces of the unit packet and any outside packaging;
(a)   be printed on the two largest surfaces of the unit packet and any outside packaging;
(b)   cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with three official languages.
(b)   cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with more than two official languages
Amendment 59
Proposal for a directive
Article 11 – paragraph 3
3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the requirements in paragraphs 1 and 2 taking into account scientific and market developments.
3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the requirements in paragraph 1 taking into account scientific and market developments.
Amendments 60, 103 and 153
Proposal for a directive
Article 12 – paragraph 1
1.   The labelling of a unit packet and any outside packaging and the tobacco product itself shall not include any element or feature that:
1.   The labelling of a unit packet and any outside packaging and the tobacco product itself and / or its brand name shall not include any element or feature that:
(a)   promotes a tobacco product by means that are false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions;
(a)   promotes a tobacco product and encourages its consumption by means that are false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions. Labels shall not include any information about nicotine, tar or carbon monoxide content;
(b)   suggests that a particular tobacco product is less harmful than others or has vitalising, energetic, healing, rejuvenating, natural, organic or otherwise positive health or social effects;
(b)   suggests that a particular tobacco product is less harmful than others or has vitalising, energetic, healing, rejuvenating, natural, organic or otherwise positive health effects;
(c)   refers to flavour, taste, any flavourings or other additives or the absence thereof;
(c)   refers to flavour, taste, any flavourings or other additives or the absence thereof;
(d)   resembles a food product.
(d)   resembles a food or a cosmetic product;
(da)   aims to reduce the effect of some harmful components of smoke or increase the biodegradability of tobacco products.
Amendments 104, 121 and 148
Proposal for a directive
Article 12 – paragraph 2
2.   Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself. Cigarettes with a diameter of less than 7.5 mm shall be deemed to be misleading.
2.   Prohibited elements and features may include but are not limited to texts, symbols, names, trade marks, figurative or other signs, misleading colours, inserts or other additional material such as adhesive labels, stickers, onserts, scratch-offs and sleeves or relate to the shape of the tobacco product itself.
Amendment 61
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1 a (new)
In the case of filter cigarettes, the tipping paper shall afford sufficient protection against product counterfeiting by means of its complexity. To this end it shall, at least possess the following characteristics:
(a)   several visible print colours and production using gravure printing;
(b)   all white areas are coated;
(c)   complex printing with partially thin structures;
(d)   printing on white base paper;
(e)   pre-perforation situated sufficiently far from the end of the cigarette.
Amendment 62
Proposal for a directive
Article 12 – paragraph 2 – subparagraph 1 b (new)
The cigarette paper shall include watermarks.
Amendment 63
Proposal for a directive
Article 12 – paragraph 2 a (new)
2a.   The variety of tobacco used to manufacture the product, its country of origin, or both, may be indicated on the unit packet.
Amendment 105
Proposal for a directive
Article 13 – paragraph 1
1.   A unit packet of cigarettes shall have a cuboid shape. A unit packet of roll-your-own tobacco shall have the form of a pouch, i.e. a rectangular pocket with a flap that covers the opening. The flap of the pouch shall cover at least 70% of the front of the packet. A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 40 g.
1.   A unit packet of cigarettes shall include at least 20 cigarettes. A unit packet of roll-your-own tobacco shall contain tobacco weighing at least 20 g.
Amendment 66
Proposal for a directive
Article 13 – paragraph 3
3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to define more detailed rules for the shape and size of unit packets in so far as these rules are necessary to ensure the full visibility and integrity of the health warnings before the first opening, during the opening and after reclosing of the unit packet.
deleted
Amendments 107, 125 and 154
Proposal for a directive
Article 13 – paragraph 4
4.   The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to make either cuboid or cylindric shape mandatory for unit packets of tobacco products other than cigarettes and roll-your-own tobacco if there is a substantial change of circumstances as established in a Commission report.
deleted
Amendments 156, 67, 185, 189 and 108
Proposal for a directive
Article 14
1.   Member States shall ensure that all unit packets of tobacco products shall be marked with a unique identifier. In order to ensure their integrity, unique identifiers shall be irremovably printed/affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or by the opening of the packet. In relation to products manufactured outside the Union the obligations laid down in this Article apply only to those destined to or placed on the Union market.
1.   Member States shall ensure that all unit packets and any outside transport packaging of tobacco products shall be marked with a unique identifier with the aim to trace the products through the whole supply chain . In order to ensure their integrity, unique identifiers shall be secure, irremovably printed/affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or by the opening of the packet. In relation to products manufactured outside the Union the obligations laid down in this Article apply only to those destined to or placed on the Union market.
1a.   Member States shall ensure that the unique identifiers of unit packets are linked to the unique identifier on the outside transport packaging. Any changes in links between unit packs and the outside transport packaging shall be recorded in the database mentioned in paragraph 6.
2.   The unique identifier shall allow determining:
2.   The unique identifier shall allow determining:
(a)   the date and place of manufacturing;
(a)   the date and place of manufacturing;
(b)   the manufacturing facility;
(b)   the manufacturing facility;
(c)   the machine used to manufacture the products;
(c)   the machine used to manufacture the products;
(d)   the production shift or time of manufacture;
(d)   the production shift or time of manufacture;
(e)   the product name ;
(e)   the product description ;
(f)   the intended market of retail sale;
(f)   the intended market of retail sale;
(g)   the intended shipment route;
(g)   the intended and actual shipment route from the place of manufacturing to the first retail outlet, including all warehouses used, the shipment date, shipment destination, consignee and point of departure;
(h)   where applicable, the importer into the Union;
(h)   where applicable, the importer into the Union;
(i)   the actual shipment route from manufacturing to the first retail outlet, including all warehouses used;
(j)   the identity of all purchasers from manufacturing to the first retail outlet;
(j)   the identity of all purchasers from manufacturing to the first retail outlet;
(k)   the invoice, order number and payment records of all purchasers from manufacturing to the first retail outlet.
(k)   the invoice, order number and payment records of all purchasers from manufacturing to the first retail outlet.
3.   Member States shall ensure that all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, record the entry of all unit packets into their possession, as well as all intermediate movements and the final exit from their possession. This obligation can be fulfilled by recording in aggregated form, e.g. of outside packaging, provided that tracking and tracing of unit packets remains possible .
3.   Member States shall ensure that all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, record the entry of all unit and outside packets into their possession, as well as all intermediate movements and the final exit from their possession, and transmit the data electronically to a data storage facility pursuant to paragraph 6 . This obligation can be fulfilled by recording in aggregated form, e.g. of outside packaging.
3a.   The technology used for tracking and tracing should belong to and be operated by economic entities without any legal or commercial link to the tobacco industry.
4.   Member States shall ensure that manufacturers of tobacco products provide all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, including importers, warehouses and transporting companies with the necessary equipment allowing for the recording of the tobacco products purchased, sold, stored, transported or otherwise handled. The equipment shall be able to read and transmit the data electronically to a data storage facility pursuant to paragraph 6.
4.   Member States shall ensure that manufacturers of tobacco products provide all economic operators involved in the trade of tobacco products from the manufacturer to the last economic operator before the first retail outlet, including importers, warehouses and transporting companies with the necessary equipment, as determined by those Member States, allowing for the recording of the tobacco products purchased, sold, stored, transported or otherwise handled. The equipment shall be able to read and transmit the data electronically to a data storage facility pursuant to paragraph 6.
5.   Recorded data cannot be modified or deleted by any economic operator involved in the trade of tobacco products, but the economic operator that introduced the data and other economic operators directly concerned by the transaction such as the supplier or the recipient can comment on previously introduced data. The economic operator concerned shall add the correct data and a reference to the previous entry which requires rectification in their view. In exceptional circumstances and upon submission of adequate evidence, the competent authority in the Member State in which the recording took place or if the recording took place outside the Union the competent authority in the Member State of importation, can authorise the modification or deletion of data previously registered.
5.   Recorded data cannot be modified or deleted by any economic operator involved in the trade of tobacco products, but the economic operator that introduced the data and other economic operators directly concerned by the transaction such as the supplier or the recipient can comment on previously introduced data. The economic operator concerned shall add the correct data and a reference to the previous entry which requires rectification in their view. In exceptional circumstances and upon submission of adequate evidence, the competent authority in the Member State in which the recording took place or if the recording took place outside the Union the competent authority in the Member State of importation, can authorise the modification or deletion of data previously registered.
6.   Member States shall ensure that manufacturers and importers of tobacco products conclude data storage contracts with an independent third party, which shall host the data storage facility for data relating to the manufacturer and importer concerned. The data storage facility shall be physically located on the territory of the Union. The suitability of the third party, in particular its independence and technical capacities, as well as the contract, shall be approved and monitored by an external auditor, who is proposed and paid by the tobacco manufacturer and approved by the Commission. Member States shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the Member States, the Commission and the independent third party on a permanent basis. In duly justified cases Member States or the Commission can provide manufacturers or importers access to this information, provided commercially sensitive information remains adequately protected in conformity with the relevant national and Union legislations.
6.   Member States shall verify that manufacturers and importers of tobacco products conclude data storage contracts with an independent third party which shall host the data storage facility for data relating to the manufacturer and importer concerned. The data storage facility shall be physically located on the territory of the Union. The independent third party shall be free from commercial and other vested interests of the tobacco industry and other related industries. The suitability of the third party, in particular its independence and technical capacities, as well as the contract, shall be approved and monitored by the Commission, assisted by an independent external auditor, who is paid by the tobacco manufacturer and approved by the Commission. Member States shall ensure full transparency and accessibility of the data storage facilities for the competent authorities of the Member States, the Commission and the independent third party on a permanent basis. In duly justified cases Member States or the Commission can provide manufacturers or importers access to this information, provided commercially sensitive information remains adequately protected in conformity with the relevant national and Union legislations.
7.   Member States shall ensure that personal data are only processed in accordance with the rules and safeguards laid down in Directive 95/46/EC.
7.   Member States shall ensure that personal data are only processed in accordance with the rules and safeguards laid down in Directive 95/46/EC.
8.   In addition to the unique identifier, Member States shall require that all unit packets of tobacco products which are placed on the market carry a visible, tamper proof security feature of at least 1 cm², which shall be irremovably printed or affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or other elements mandated by legislation.
8.   In addition to the unique identifier, Member States shall require that all unit packets of tobacco products which are placed on the market carry a visible and invisible , tamper proof security feature of at least 1 cm², which shall be irremovably printed or affixed, indelible and in no way hidden or interrupted in any form, including through tax stamps and price marks, or other elements mandated by legislation. In those Member States where tax stamps are applied on tobacco products and the tax stamps applied comply with the requirements of this paragraph, no additional security feature is required.
9.   The Commission shall be empowered to adopt delegated acts in accordance with Article 22:
9.   Taking into consideration the practices, technologies and existing commercial operating aspects, as well as global standards of tracking, tracing and authentication of consumer goods and the corresponding requirements set by the WHO Protocol on Illicit Trade of Tobacco Products, the Commission shall be empowered to adopt delegated acts in accordance with Article 22:
(a)   to define the key elements (such as duration, renewability, expertise required, confidentiality) of the contract referred to in paragraph 6, including its regular monitoring and evaluation;
(a)   to define the key elements (such as duration, renewability, expertise required, confidentiality) of the contract referred to in paragraph 6, including its regular monitoring and evaluation;
(b)   to define the technical standards to ensure that the systems used for the unique identifiers and the related functions are fully compatible with each other across the Union and
(b)   to define the technical standards to ensure that the systems used for the unique identifiers and the related functions are fully compatible with each other across the Union and in line with international standards.
(c)   to define the technical standards for the security feature and their possible rotation and to adapt them to scientific, market and technical development.
10.   Tobacco products other than cigarettes and roll-your-own tobacco shall be exempted from the application of paragraph 1 to 8 during a period of 5 years following the date referred to in paragraph 1 of Article 25.
10.   Tobacco products other than cigarettes and roll-your-own tobacco shall be exempted from the application of paragraph 1 to 8 during a period of seven years following the date referred to in paragraph 1 of Article 25.
Amendment 68
Proposal for a directive
Article 16
Chapter IV: Cross-border distance sales of tobacco products
Chapter IV: Promotional distribution and distance sales of tobacco products
Article 16
Article 16
Cross-border distance sales of tobacco products
Distance sales of tobacco products
1.   Member States shall oblige retail outlets intending to engage in cross-border distance sales to consumers located in the Union to register with the competent authorities in the Member State where the retail outlet is established and in the Member State where the actual or potential consumer is located. Retail outlets established outside the Union have to register with the competent authorities in the Member State where the actual or potential consumer is located. All retail outlets intending to engage in cross-border distance sales shall submit at least the following information to the competent authorities:
1.   Member States shall prohibit retail outlets established on their territory from engaging in cross border distance sales.
(a)   name or corporate name and permanent address of the place of activity from where the tobacco products are supplied;
(b)   the starting date of the activity of offering tobacco products for cross-border distance sales to the public by means of information society ©vices;
(c)   the address of the website/-s used for that purpose and all relevant information necessary to identify the website.
1a.   Member States shall retain the power to decide whether to widen the scope of the above-mentioned prohibition to include national distance sales . Where Member States allow national distance sales, they shall ensure that retail outlets are equipped with an age verification system.
1b.   A Member State may, for public health reasons, impose restrictions on imports of tobacco for personal use. A Member State must be able to apply such restrictions in particular when the price in the Member State where the product is purchased is significantly lower than the price in the Member State of origin or if the health warnings are not in its official language(s).
2.   The competent authorities of the Member States shall publish the complete list of all retail outlets registered with them in accordance with the rules and safeguards laid down in Directive 95/46/EC. Retail outlets may only start placing tobacco products on the market in form of distance sales as of the moment the name of the retail outlet is published in the relevant Member States .
2.   Member States which have implemented a national anti-smoking strategy may set quantitative limits on cross‑border movements .
3.   If it is necessary in order to ensure compliance and facilitate enforcement, Member States of destination may require that the retail outlet nominates a natural person who is responsible for verifying the tobacco products before reaching the consumer comply with the national provisions adopted pursuant to this Directive in the Member State of destination.
4.   Retail outlets engaged in distance sales shall be equipped with an age verification system, which verifies at the time of sale, that the purchasing consumer respects the minimum age foreseen under the national legislation of the Member State of destination. The retailer or nominated natural person shall report to the competent authorities a description of the details and functioning of the age verification system.
5.   Personal data of the consumer shall only be processed in accordance with Directive 95/46/EC and not be disclosed to the manufacturer of tobacco products or companies forming part of the same group of companies or to any other third parties. Personal data shall not be used or transferred beyond the purpose of this actual purchase. This also applies if the retail outlet forms part of a manufacturer of tobacco products.
Amendment 69
Proposal for a directive
Article 16 a (new)

Article 16a

Member States shall prohibit retail outlets established on their territory from distributing free or discounted tobacco products through cross border distance channels or through any other channel.

Amendment 70
Proposal for a directive
Article 17
Notification of novel tobacco products
Notification of novel tobacco products
1.   Member States shall require that manufacturers and importers of tobacco products notify the competent authorities of Member States of any novel tobacco product they intend to place on the markets of the Member States concerned. The notification shall be submitted in electronic form six months before the intended placing on the market and shall be accompanied by a detailed description of the product in question as well as information on ingredients and emissions in accordance with Article 5. The manufacturers and importers notifying a novel tobacco product shall also provide the competent authorities in question with:
1.   Member States shall require that manufacturers and importers of tobacco products notify the competent authorities of Member States of any novel tobacco product they intend to place on the markets of the Member States concerned. The notification shall be submitted in electronic form six months before the intended placing on the market and shall be accompanied by a detailed description of the product in question as well as any proposed labelling, instructions for use, details of the product’s composition, the manufacturing process and associated controls and information on ingredients and emissions in accordance with Article 5. The manufacturers and importers notifying a novel tobacco product shall also provide the competent authorities in question with:
(a)   available scientific studies on toxicity, addictiveness and attractiveness of the product, in particular as regards its ingredients and emissions;
(a)   available scientific studies on toxicity, addictiveness and attractiveness of the product, in particular as regards its ingredients and emissions;
(b)   available studies and market research on preferences of various consumer groups, including young people and
(b)   working summaries of the available studies and market research on preferences of various consumer groups, including young people and chronic heavy smokers;
(c)   other available and relevant information, including a risk/benefit analysis of the product, the expected effects on cessation of tobacco consumption, the expected effects on initiation of tobacco consumption and other predicted consumer perception.
(c)   other available and relevant information, including a risk/benefit analysis of the product, the expected effects on cessation of tobacco consumption, the expected effects on initiation of tobacco consumption and other predicted consumer perception.
2.   Member States shall require that manufacturers and importers of tobacco products inform their competent authorities of any new or updated information referred to in point (a) to (c) of paragraph 1. Member States shall be entitled to require tobacco manufacturers or importers to carry out additional tests or submit additional information. Member States shall make available to the Commission all information received pursuant to this Article. Member States shall be entitled to introduce an authorisation system and charge a proportionate fee.
2.   After the placing on the market of a tobacco product, Member States shall require that manufacturers and importers of tobacco products inform their competent authorities of any new or updated information referred to in point (a) to (c) of paragraph 1. Member States shall be entitled to require tobacco manufacturers or importers to carry out additional tests or submit additional information. Member States shall make available to the Commission all information received pursuant to this Article. Member States shall be entitled to introduce an authorisation system and charge a proportionate fee.
3.   Novel tobacco products placed on the market shall respect the requirements set out in this Directive. The provisions applicable depend on whether the products fall under the definition of smokeless tobacco product in point (29) of Article 2 or tobacco for smoking in point (33) of Article 2.
3.   Novel tobacco products placed on the market shall respect the requirements set out in this Directive. The provisions applicable depend on whether the products fall under the definition of smokeless tobacco product in point (29) of Article 2 or tobacco for smoking in point (33) of Article 2.
Amendment 170
Proposal for a directive
Article 18
1.   The following nicotine-containing products may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC:
1.   Nicotine- containing products may only be placed on the market in accordance with the notification procedure set out in Article 17 of this Directive.
Member States shall ensure that nicotine-containing products comply with all relevant Union legislation, and in particular with Directive 2001/95/EC on general product safety.
(a)   products with a nicotine level exceeding 2 mg per unit, or
(b)   products with a nicotine concentration exceeding 4 mg per ml or
(c)   products whose intended use results in a mean maximum peak plasma concentration exceeding 4 ng of nicotine per ml.
2.   The Commission shall be empowered to adopt delegated acts in accordance with
Article 22 to update the nicotine quantities set out in paragraph 1 taking into account scientific developments and marketing authorisations granted to nicotine- containing products pursuant to Directive 2001/83/EC.
2.   Nicotine-containing products that are presented as having properties for treating or preventing disease may only be placed on the market if they were authorised pursuant to Directive 2001/83/EC.
3.   As regards nicotine-containing products to be placed on the market in accordance with paragraph 1, Member States shall ensure that:
(a)   nicotine-containing products with a nicotine level exceeding 30 mg/ml are not placed on the market;
(b)   manufacturers and importers of nicotine-containing products submit to the competent authorities a list of all ingredients contained in and emissions resulting from the use of the product, by brand name and type, including quantities thereof, as well as any changes. Member States shall then ensure the dissemination of this information on a website with due regard to the protection of trade secrets. Manufacturers and importers shall also report to the authorities about national sales volumes by brand name and type;
(c)   nicotine-containing products with additives listed in Article 6(4) are not placed on the market;
(d)   the unit packet of nicotine-containing products includes a leaflet with instructions for use, including that the reference that the product is not recommended for use by non-smokers, contra-indications, warnings for specific risk groups, reporting of adverse reactions, place of manufacture and contact details of the manufacturer or importer;
3.   Each unit packet and any outside packaging of nicotine containing products below the thresholds set out in paragraph 1 shall carry the following health warning:
"This product contains nicotine and can damage your health ".
(e)   each unit packet and any outside packaging of nicotine- containing products carry the following health warning:
"This product is intended for use by existing smokers. It contains nicotine which is a highly addictive substance ";
(f)   the sale of the product is restricted in line with the legal age for sale of tobacco products in the relevant Member State; in any case it should not be allowed under the age of 18;
(g)   the products are available to be sold outside pharmacies;
(h)   flavourings are allowed in the products;
(i)   the limitations on advertising, sponsorship, audiovisual commercial communication and product placement for tobacco products as set out in Directive 2003/33/EC and Directive 2010/13/EC shall apply to nicotine-containing products;
(j)   cross-border distance sales of nicotine-containing products are regulated in accordance with Article 16;
(k)   tobacco trademarks, brand names and symbols are not used on nicotine-containing products.
4.   The health warning referred to in paragraph 3 shall comply with the requirements specified in Article 10(4). In addition, it shall:
(a)   be printed on the two largest surfaces of the unit packet and any outside packaging;
4.   The health warning referred to in paragraph 3(e) shall comply with the requirements specified in Article 10.
(b)   cover 30 % of the external area of the corresponding surface of the unit packet and any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with three official languages.
5.   The Commission shall be empowered to adopt delegated acts in accordance with Article 22 to adapt the requirements in paragraphs 3 and 4 taking into account scientific and market developments and to adopt and adapt the position, format, layout, design and rotation of the health warnings
5.   Member States shall monitor the development of the nicotine-containing products market, including any evidence of gateway use among young people and report their findings to the Commission. Based on the evidence submitted as well as scientific studies the Commission shall submit a report to the European Parliament and the Council on nicotine-containing products five years after entry into force of this Directive. The report shall assess if amendments to this Directive or any further legislation are necessary.
Amendment 72
Proposal for a directive
Article 19
Herbal products for smoking
Herbal products for smoking
1.   Each unit packet and any outside packaging of herbal products for smoking shall carry the following health warning:
1.   Each unit packet and any outside packaging of herbal products for smoking shall carry the following health warning:
This product can damage your health
This product can damage your health
2.   The health warning shall be printed on the front and back external surface of the unit packet and on any outside packaging.
2.   The health warning shall be printed on the front and back external surface of the unit packet and on any outside packaging.
3.   The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 30 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with three official languages.
3.   The health warning shall comply with the requirements laid down in Article 10(4). It shall cover not less than 30 % of the area of the corresponding surface of the unit packet and of any outside packaging. That proportion shall be increased to 32 % for Member States with two official languages and 35 % for Member States with more than two official languages.
Amendment 73
Proposal for a directive
Article 19 a (new)
Article 19a
Imitation tobacco products
Imitation tobacco products which appeal to minors and consequently form a potential gateway to using tobacco products shall be prohibited.
Amendment 74
Proposal for a directive
Article 20 – Paragraph 3
3.   Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are enforced. The penalties provided for shall be effective, proportionate and dissuasive.
3.   Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are enforced. The penalties provided for shall be effective, proportionate and dissuasive. Any financial penalties applicable to intentional infringements shall be such as to offset the economic advantage sought through the infringement.
Amendment 75
Proposal for a directive
Article 22
1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2.   The power to adopt delegated acts referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall be conferred on the Commission for an indeterminate period of time from [Office of Publications: please insert the date of the entry into force of this Directive].
2.   The power to adopt delegated acts referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(10a) , 8(4), 9(3), 10(5), 11(3), 13(4) and 14(9) shall be conferred on the Commission for a period of five years from [Office of Publications: please insert the date of the entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of five-year period. The delegation of power shall be tacitly extended for periods of identical duration unless the European Parliament or Council opposes such an extension not later than three months before the end of each period.
3.   The delegation of powers referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
3.   The delegation of powers referred to in Articles 3(2), 3(3), 4(3), 4(4), 6(10a ), 8(4), 9(3), 10(5), 11(3), 13(4) and 14(9) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5.   A delegated act pursuant to Articles 3(2), 3(3), 4(3), 4(4), 6(3), 6(9), 6(10), 8(4), 9(3), 10(5), 11(3), 13(3), 13(4), 14(9), 18(2) and 18(5) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
5.   A delegated act pursuant to Articles 3(2), 3(3), 4(3), 4(4), 6(10a), 8(4), 9(3), 10(5), 11(3), 13(4) and 14(9) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 76
Proposal for a directive
Article 23 – paragraph 1 – subparagraph 1
No later than five years from the date specified in Article 25 paragraph 1, the Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.
No later than three years from the date specified in Article 25 paragraph 1, the Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on the application of this Directive.
Amendment 77
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1 – point c a (new)
(ca)   evaluation of the addictive effects of those ingredients which encourage addiction;
Amendment 78
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1 – point c b (new)
(cb)   development of standardised testing methods to measure the yields of constituents in cigarette smoke other than tar, nicotine and carbon monoxide;
Amendment 79
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1 – point c c (new)
(cc)   toxicological data to be required from manufacturers on ingredients and the manner in which they should be tested in order to allow public health authorities to assess their use;
Amendment 80
Proposal for a directive
Article 23 – paragraph 2 – subparagraph 1 – point c d (new)
(cd)   development of standards concerning products other than cigarettes.
Amendment 81
Proposal for a directive
Article 23 – paragraph 3 a (new)
3a.   Member States shall report every two years to the Commission on the enforcement of the measures taken pursuant to Council Recommendation 2003/54/EC of 2 December 2002 on the prevention of smoking and on initiatives to improve tobacco control, in particular with regard to age limits set in national legislation, as well as their plans to increase the age limit to achieve the goal of a "smoke-free generation".
Amendment 82
Proposal for a directive
Article 24
1.   Member States shall not prohibit or restrict the import, sale or consumption of tobacco or related products which comply with this Directive.
1.   Subject to paragraphs 2 and 3, Member States shall not prohibit or restrict the import, sale or consumption of tobacco or related products which comply with this Directive.
2.   However, a Member State may maintain more stringent national provisions, applicable to all products alike, in areas covered by the Directive, on grounds of overriding needs relating to the protection of public health. A Member State may also introduce more stringent provisions, on grounds relating to the specific situation of this Member State and provided the provisions are justified by the need to protect public health. Such national provisions shall be notified to the Commission together with the grounds for maintaining or introducing them. The Commission shall, within six months from the date of receiving the notification, approve or reject the provisions after having verified, taking into account the high level of health protection achieved through this Directive, whether or not they are justified, necessary and proportionate to their aim and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the Member States. In the absence of a decision by the Commission within this period the national provisions shall be deemed to be approved.
2.   However, a Member State may maintain or introduce more stringent national provisions in areas covered by the Directive, insofar as such measures are compatible with the Treaty . Such national provisions shall apply equally to all products, including those imported from another Member State or a third country. They shall be notified to the Commission together with the grounds for maintaining or introducing them. The Commission shall, within six months from the date of receiving the notification, approve or reject the provisions after having verified, taking into account the high level of health protection achieved through this Directive, whether or not they are justified, necessary and proportionate to their aim and whether or not they are a means of arbitrary discrimination or a disguised restriction on trade between the Member States. In the absence of a decision by the Commission within this period the national provisions shall be deemed to be approved.
3.   This Directive shall not affect the right of Member States to maintain or introduce, in accordance with the Treaty, national provisions concerning aspects not regulated by this Directive. These national provisions must be justified by overriding reasons of public interest and be necessary and proportionate to their aim. They must not be a means of arbitrary discrimination or a disguised restriction on trade between the Member States and must not jeopardise the full application of this Directive.
3.   This Directive shall not affect the right of Member States to maintain or introduce national provisions concerning aspects not regulated by this Directive, insofar as they are compatible with the Treaty. They shall apply equally to all products, including those imported from another Member State or a third country, must not be a means of arbitrary discrimination or a disguised restriction on trade between the Member States, and must not jeopardise the full application of this Directive.
Amendment 83
Proposal for a directive
Article 25 – paragraph 1
1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [Publications Office, please insert the exact date: entry into force + 18 months] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by …* and in the case of Article 6 by…** at the latest. They shall forthwith communicate to the Commission the text of those provisions.
_______________
* Entry into force + 18 months.
** Entry into force + 36 months
Amendment 84
Proposal for a directive
Article 26
Transitional provision
Transitional provision
Member States may allow the following products, which are not in compliance with this Directive, to be placed on the market until [Publications Office, please insert the exact date: entry into force + 24 months]:
Member States may allow the following products, which are not in compliance with this Directive, to be placed on the market until …*:
(a)   tobacco products;
(a)   tobacco products;
(b)   nicotine containing products below the threshold set out in Article 18(1);
(c)   herbal products for smoking.
(b)   herbal products for smoking.
Member States may allow nicotine containing products which are not in compliance with this Directive to be placed on the market until …**:
__________________
* Entry into force + 24 months.
** Entry into force + 36 months.
Amendment 85
Proposal for a directive
Annex -I (new)
Annex -I
Additives approved for use in tobacco products
Chemical name of the additive - function - maximum level permitted
Amendment 86
Proposal for a directive
Annex I
List of text warnings
List of text warnings
(referred to in Article 9 and Article 10(1))
(referred to in Article 9 and Article 10(1))
(1)   Smoking causes 9 out of 10 lung cancers
(1)   Smoking causes 9 out of 10 lung cancers
(2)   Smoking causes mouth and throat cancer
(2)   Smoking causes mouth and throat cancer
(2a)   Smoking causes bladder cancer
(3)   Smoking damages your lungs
(3)   Smoking damages your lungs
(4)   Smoking causes heart attacks
(4)   Smoking causes heart attacks
(5)   Smoking causes strokes and disability
(5)   Smoking causes strokes and disability
(6)   Smoking clogs your arteries
(6)   Smoking clogs your arteries
(7)   Smoking increases the risk of blindness
(7)   Smoking increases the risk of blindness
(8)   Smoking damages your teeth and gums
(8)   Smoking damages your teeth and gums
(9)   Smoking can kill your unborn child
(9)   Smoking can kill your unborn child
10)   Your smoke harms your children, family and friends
10)   Your smoke harms your children, family and friends
(11)   Smokers’ children are more likely to start smoking
(11)   Smokers’ children are more likely to start smoking
(12)   Quit smoking – stay alive for those close to you
(12)   Quit smoking – stay alive for those close to you
(13)   Smoking reduces fertility
(13)   Smoking reduces fertility
(14)   Smoking increases the risk of impotence
(14)   Smoking increases the risk of impotence
(14a)   Smoking can cause cot death
(14b)   Smoking during pregnancy causes premature birth
(14c)   Passive smoking can worsen asthma or meningitis in children.

(1) The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0276/2013 ).


EU-Mauritania fishing opportunities and financial contribution protocol ***
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European Parliament legislative resolution of 8 October 2013 on a draft Council decision on the conclusion of the Protocol setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania for a period of two years (15777/2012 – C7-0419/2012 – 2012/0258(NLE)) (Consent)
P7_TA(2013)0399 A7-0184/2013

The European Parliament,

–   having regard to the draft Council decision (15777/2012),

–   having regard to the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Islamic Republic of Mauritania for a period of two years (15781/2012),

–   having regard to the request for consent submitted by the Council in accordance with Article 43(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0419/2012 ),

–   having regard to Rules 81 and 90(7) of its Rules of Procedure,

–   having regard to the recommendation of the Committee on Fisheries and the opinions of the Committee on Development and the Committee on Budgets (A7-0184/2013 ),

1.   Consents to the conclusion of the Protocol;

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


Gendercide: the missing women?
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European Parliament resolution of 8 October 2013 on Gendercide: the missing women? (2012/2273(INI) )
P7_TA(2013)0400 A7-0245/2013

The European Parliament,

–   having regard to Article 3 of the Treaty on European Union (TEU) which emphasises values common to the Member States, such as pluralism, non-discrimination, tolerance, justice, solidarity and equality between men and women, and Article 8 of the Treaty on the Functioning of the European Union (TFEU) which lays down the principle of gender mainstreaming, as it states that the Union shall in all its activities aim to eliminate inequalities, and to promote equality, between men and women,

–   having regard to Article 19 of the TFEU which refers to combating discrimination based on sex,

–   having regard to Article 23 of the Charter of Fundamental Rights of the European Union,

–   having regard to the United Nations Convention of 18 December 1979 on the Elimination of All Forms of Discrimination against Women (CEDAW),

–   having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995, and to its resolutions of 18 May 2000(1) , 10 March 2005 (Beijing + 10)(2) , and 25 February 2010 (Beijing + 15)(3) ,

–   having regard to the Millennium Development Goals (MDGs) adopted at the Millennium Summit of the United Nations in September 2000, and in particular the MDG on promoting gender equality and empowering women as a prerequisite for overcoming hunger, poverty and disease, reaching equality at all levels of education and in all areas of work, equal control over resources and equal representation in public and political life,

–   having regard to the European Pact for Gender Equality (2011-2020), adopted by the European Council in March 2011,

–   having regard to the European Consensus on Development,

–   having regard to the European Convention on Human Rights and Biomedicine,

–   having regard to the European Union Guidelines on promoting compliance with international humanitarian law (IHL), on the death penalty, on torture and other cruel, inhuman or degrading treatment or punishment, and on human rights defenders, as well as on human rights dialogues with non-EU countries, on the promotion and protection of the rights of the child, and on violence against women and girls and combating all forms of discrimination against them,

–   having regard to the Council Conclusions of 2 December 1998 establishing that the annual assessment of the implementation of the Beijing Platform for Action will be based on quantitative and qualitative indicators and benchmarks,

–   having regard to the Council Conclusions of 2 and 3 June 2005 in which the Member States and the Commission are invited to strengthen institutional mechanisms for promoting gender equality and to create a framework for assessing the implementation of the Beijing Platform for Action for more consistent and systematic monitoring of progress,

–   having regard to the Council Conclusions of 5 and 6 December 2007 on the review of the implementation of the Beijing Platform for Action by EU institutions and the Member States, as well as to the accompanying report of the Portuguese Presidency, endorsing indicators on women and poverty,

–   having regard to the Commission’s ‘Strategy for equality between women and men: 2010-2015’, presented on 21 September 2010, and the accompanying staff working document on actions to implement the strategy,

–   having regard to the Commission Staff Working Document on the EU Plan of Action on Gender Equality and Women’s Empowerment in Development (2010-2015),

–   having regard to the common declaration by EU ministers for gender equality of 4 February 2005, in the context of the 10-year review of the Beijing Platform for Action, reaffirming, inter alia, strong support and commitment to the full and effective implementation of the Beijing Declaration and Platform for Action,

–   having regard to the conclusions adopted by the UN Commission on the Status of Women at its 57th session on 15 March 2013, which for the first time in an international text specifically acknowledge the phenomenon of gender‑related killings or ‘femicides’,

–   having regard to the 2011 interagency statement on ‘Preventing gender-biased sex selection’ presented by the Office of the United Nations High Commissioner for Human Rights (OHCHR), the United Nations Population Fund (UNFPA), the United Nations Children’s Fund (UNICEF), UN Women and the Word health Organisation (WHO),

–   having regard to the Declaration and Programme of Action of the 1994 Cairo International Conference on Population and Development (ICPD), the key actions for its further implementation as well as the United Nations General Assembly Resolution 65/234 on the Follow-up to the International Conference on Population and Development beyond 2014 (December 2010),

–   having regard to its resolution of 13 March 2008 on Gender Equality and Women’s Empowerment in Development Cooperation(4) , in particular paragraph 37,

–   having regard to its resolution of 16 December 2010 on the Annual Report on Human Rights in the World 2009 and the European Union’s policy on the matter(5) , especially paragraph 76 which emphasises the need to eliminate all forms of discrimination and violence against women and girls, including the sex-selective abortion,

–   having regard to its resolution of 13 December 2012 on the annual report on human rights and democracy in the world 2011 and the European Union’s policy on the matter(6) ,

–   having regard to its resolution of 11 October 2007 on the murder of women (feminicide) in Mexico and Central America and the role of the European Union in fighting the phenomenon(7) ;

–   having regard to Rule 48 of its Rules of Procedure,

–   having regard to the report of the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Development (A7-0245/2013 ),

A.   whereas ‘gendercide’ is a sex-neutral term referring to the systematic, deliberate and gender-based mass killing of people belonging to a particular sex, which is a rising but underreported problem in several countries, with lethal consequences; whereas this report specifically explores the causes, current trends, consequences and ways of combating the gender-biased sex selection practices, which also take the forms of infanticide and violence through sex selection (other terms, such as "femicide/feminicide", for which a special Parliament report already exists(8) , have been used to refer to the killing of women and girls as the utmost expression of discrimination and violence against women);

B.   whereas, despite recent legislation against sex-selective practices, girls are to a disproportionate degree the target of ruthless sexual discrimination, often extended to include unborn, predetermined baby girl foetuses, which are aborted, abandoned or killed, for no other reason than the fact that they are female;

C.   whereas it has been estimated that, as early as 1990,more than 100 million women were demographically ‘missing’ from the world’s population due to gendercide(9) ; whereas according to recent estimates this number has increased to almost 200 million women ‘missing’ from the world’s population(10) ;

D.   whereas gendercide is a global issue of concern not only in Asia and Europe but also in North America, Africa and Latin America; whereas gendercide is committed everywhere pregnant women, on purpose or under pressure, decide not to give birth to girl foetuses because they are considered a burden to the society;

E.   whereas in Asia, and especially in China, India and Vietnam, there are particularly distorted sex ratios; whereas in 2012, 113 boys were born for every 100 girls in China, and 112 boys were born for every 100 girls in India and Vietnam(11) ;

F.   whereas in Europe there are particularly distorted sex ratios in some countries, given that, in 2012, 112 boys were born for every 100 girls in Albania, Armenia, Azerbaijan and Georgia(12) ;

G.   whereas the practice of gendercide is most often found deeply rooted in cultures exhibiting ‘son preference’, gender inequality, persisting discrimination and stereotypes against daughters, and, in some cases, in countries applying coercive government policies;

H.   whereas perceptions of ‘son preference’ are deeply rooted and constitute part of long-standing traditions relevant to issues such as property inheritance, the reliance of ageing parents on sons for economic support and security, the continuance of the family name and lineage, and a desire to be spared traditionally high dowry costs for daughters in order to avoid financial hardship;

I.   whereas inadequate social security systems, schemes and insurance options for families in several cultures may, misleadingly, lead to ‘son preference’ and to sex-selective practices;

J.   whereas sex-selective practices disrupt gender balance in societies, cause skewed population sex ratios and have economic and social impacts; whereas gender imbalance in the form of "excess men" affects long-term social stability, leading to an overall increase in criminality, frustration, violence, trafficking, sex slavery, exploitation, prostitution and rape;

K.   whereas a patriarchal culture of persistent ‘son preference’ not only preserves stereotypes, democratic deficits and gender inequalities but also discriminates against women, and thus presents obstacles hindering them from fully enjoying equal treatment and equal opportunities in all areas of life;

L.   whereas the occurrence of sex-selective practises, higher rates of mortality among very young girls and lower rates of school enrolment for girls than boys, may suggest that a ‘son preference’ culture is prevailing in some societies; it is important to investigate and diagnose whether such phenomena are accompanied by further democratic deficits against girl children, such as deterioration in their access to nutrition, education, health care, sanitation facilities, safe water, medical care and social assistance, in order to find effective ways to combat them;

M.   whereas the demographic deficits of females in many countries cannot be addressed owing to a lack of reliable statistical data for monitoring births and deaths;

N.   whereas the empowerment of women will aid in promoting the behavioural and social change needed to eradicate sex-selective practices in the long term;

O.   whereas eradicating sex-selective practices is a complex process which requires a range of inter-connected approaches and methods, including specialised training for medical staff to advice and prevent sex-selective practices in the EU and worldwide;

P.   whereas advocacy, policy measures and good practices such as the ‘Care for Girls’ campaign in China, aiming at raising awareness of the value of girls, and the ‘Balika Samriddhi Yojana’ scheme in India, providing monetary incentives for educating girls from poor families, are essential to change behavioural attitudes towards girls and women;

Q.   whereas the successful example of South Korea is notable as the country has managed to reverse a highly distorted sex ratio of 114 males born for every 100 females in 1994 to 107 males born for every 100 females in 2010(13) ;

1.   Stresses that gendercide remains a crime and a severe violation of human rights that necessitates effective ways to address and uproot all the fundamental causes leading to patriarchal culture;

2.   Stresses that all states and governments have an obligation to promote and safeguard human rights and to prevent discrimination as a basis for eliminating all forms of violence against women;

3.   Calls on governments to devise and apply measures that promote fundamental changes in people’s ideas about and attitudes towards women, in order to tackle harmful beliefs and behaviour which perpetuate violence against women;

4.   Calls on governments to specifically categorise feminicide or gendercide as a crime and to draw up and implement legislation so that feminicide cases are investigated, perpetrators tried and survivors ensured easy access to health care and long‑term support;

5.   Underlines that according to the Council of Europe Convention on preventing and combating violence against women and domestic violence, and to the Beijing Declaration and Platform for Action, any family or societal pressure on women to pursue sex-selective abortion is considered a form of physical and psychological violence;

6.   Points out that eradicating sex-selective practices is a complex process which requires a range of inter-connected approaches and methods, from studying the root causes and cultural and socio-economic factors characteristic of countries where son/male preference exists, to campaigning for the rights and status of girls and women and introducing laws and regulations; more broadly, deems that the only sustainable way to prevent further developments in sex-selective practices is by promoting equal value of the sexes in every society;

7.   Stresses the need, and calls on the Commission, to promote a thorough scientific investigation and examination of the root causes of sex-selective practices with a view to promote research into those country-specific customs and traditions that may lead to sex selection and the long-term societal consequences of sex selection;

8.   Calls for detailed analysis of the underlying financial and economic reasons that contribute to sex-selective practices; calls, furthermore, on governments actively to address such burdens that are placed on families and that can lead to the phenomenon of a male surplus;

9.   Stresses the importance of drafting legislation against sex selection, which should include social protection packages for women, better monitoring of the implementation of the existing legislation, and a stronger focus on the cultural and socio-economic causes of the phenomenon, in order to tackle the issue in a sustainable and holistic way, upholding gender equality and encouraging active participation on the part of civil society;

10.   Calls on governments to eliminate democratic and legislative deficits, combat persisting obstacles discriminating against girl children, ensure inheritance rights for women, enforce national legislation that guarantees women equality with men before the law in all sectors of life, and provide economic, educational and political empowerment to girls and women;

11.   Calls on the Commission to support and encourage all types of initiatives to increase awareness on gender-biased discrimination, including gendercide, and to find effective ways to combat it by offering guidance, assistance, appropriate policies and funding, as part of its external relations, humanitarian aid and gender mainstreaming;

12.   Points out that the failure to empower women and girls, as well as the absence of efforts to change social norms and structures, has serious legal, ethical, health and human rights implications and potentially serious longer-term consequences that are damaging to the societies concerned;

13.   Stresses that, according to several studies, gender imbalance could lead to: increases in trafficking for the purposes of marriage or sexual exploitation: violence against women; child, early and forced marriages; and HIV/AIDS and other sexually transmitted diseases (STDs); stresses that gender imbalance thereby poses a threat to societal stability and security, and calls, therefore, for in-depth reviews of the possible health, economic and security consequences of this spiralling male surplus;

14.   Supports relevant reforms, continued monitoring and effective implementation of gender equality and non-discrimination legislation, particularly in low- and middle-income countries and transition countries;

15.   Calls on the Commission to work intensively to prevent gender-biased sex selection, not by imposing restrictions on access to reproductive health services and technology but by promoting responsible use of it, to introduce and strengthen guidelines, to provide specialised training for medical staff to advise on and prevent sex selective practices, with the rare exception of justified cases for sex-linked genetic diseases, and to prevent the use and promotion of technologies for sex-selection and/or for profit purposes;

16.   Emphasises that legislation to manage or limit sex selection must protect the right of women to have access to legitimate sexual and reproductive health technologies and services without their husbands’ authorisation, that such legislation must be implemented in an effective way, and that appropriate sanctions must be imposed on those breaking the law;

17.   Encourages closer engagement and cooperation between governments and the medical community and calls for stricter guidelines for the self-regulation of clinics and hospitals, as an active measure to prevent sex selection as a business for financial gain;

18.   Calls on the Commission and the Member States to identify clinics in Europe that conduct sex-selective abortions, provide statistics on this practice and elaborate a list of best practices for preventing them;

19.   Recognises that ensuring and promoting the rights of women and girls, by offering them equal opportunities, particularly in education and employment, is vital for tackling sexism and building a society in which the principle of gender equality becomes a reality; highlights the fact that the improvement of levels of education, employment opportunities and integrated health care services, including sexual and reproductive health care services for women, plays a vitally important role in efforts to eradicate sex-selective practices – from abortion to infanticide – and to achieve overall economic growth in developing countries and reduce poverty; underlines that the empowerment of women and the involvement of men are key to fighting gender inequality and to promoting the behavioural and social change needed to eradicate sex-selective practices in the long term;

20.   Calls, therefore, on the Commission to promote an educational and social environment in which both sexes are respected and treated equally, and in which both sexes receive recognition for their abilities and potential, without stereotypes and discrimination, while reinforcing gender mainstreaming, equal opportunities and equal partnership;

21.   Calls on the Commission, and urges relevant international organisations, to support educational programmes that empower women, enabling them to develop self-esteem, acquire knowledge, make decisions and take responsibility for their own lives, health and employment, and allowing them to live a financially independent life;

22.   Calls on the Commission, the EEAS and the governments of third countries to devise information campaigns that promote the principle of gender equality and that seek to raise awareness of the need for each member of a couple to respect the human rights of his/her partner, particularly the rights of property, employment, appropriate health care, justice and education;

23.   Recalls the Millennium Development Goals (MDGs) and stresses that access to education and healthcare, including sexual and reproductive health and rights, are basic human rights; stresses the need for making special and specific reference to gendercide and sex-selection issues in dialogues and reports on the MDGs and in other experience-sharing international fora;

24.   Stresses that the ability of women to exercise of their rights is necessarily bound up with their capacity to take decisions individually and independently of their spouse, for which reason it is essential to ensure that women have access to education, work, health care, and ready access to contraception and a bank account without requiring the authorisation or consent of another person;

25.   Calls on the governments of partner countries to reduce health care costs for the treatment of children, notably girls, who sometimes die as a result of the bad or inadequate care they receive;

26.   Calls on governments to improve women’s access to health care, in particular prenatal and maternal care, education, agriculture, credit and microloans, economic opportunities and property;

27.   Calls for special emphasis to be placed on creating the conditions for solidarity in developing countries, inter alia through the establishment of pension funds, in order to reduce economic burdens on families and individuals, thus reducing their dependence on and preference towards male children;

28.   Notes that sex-selection practices still persist even in prosperous regions with literate populations;

29.   Encourages the development of support mechanisms for women and families that can provide information and advice to women about the dangers and damage of sex-selective practices and to provide counselling to support women who may be under pressure to eliminate female foetuses;

30.   Encourages civil society and government agencies to take joint action to promote information and public awareness campaigns about the negative consequences of sex-selective practices for the mother;

31.   Calls on the Commission to provide technical and financial support for innovative activities and education programmes that aim to stimulate debate and understanding of the equal value of girls and boys, using all available media and social networks, targeting and involving young people, religious and spiritual leaders, teachers, community leaders and other influential personalities, in an effort to modify the cultural perceptions of gender equality of a given society and to underscore the need for non-discriminatory behaviour;

32.   Calls for the EU to include a strong gender component, and a focus on the empowerment of women, in all its partnerships and dialogues with developing countries, as called for in the European Consensus on Development; considers, furthermore, that there is a need for gender mainstreaming in all stages of budget support, inter alia by promoting dialogue with women’s associations in developing countries and by introducing gender-differentiated indicators;

33.   Calls on the authorities of the countries concerned to improve the monitoring and statistical data collection of sex ratios, and to take action to address possible imbalances; calls, in this connection, for closer cooperation between the EU, UN agencies and other international partners and partner governments;

34.   Calls on the Commission and all relevant stakeholders to take the necessary legislative or other measures to ensure that practicing forced abortions and sex-selective surgery to terminate pregnancy without prior and informed consent or understanding of the procedure by the women involved is criminalised;

35.   Calls on governments and all relevant stakeholders to ensure that legislation on sex selection is implemented effectively and that appropriate sanctions are imposed on those breaking the law;

36.   Calls on the Commission to enhance cooperation with other international organisations and bodies such as the UN, WHO, UNICEF, OHCHR, UNFPA and UN Women to tackle sex-selective practices and to combat their root causes in all countries, and to network with governments, parliaments, various stakeholders, media, non-governmental organisations, women organisations and other community bodies in order to increase awareness of gendercide and ways to prevent it;

37.   Calls on the Commission and the EEAS to collaborate with the aforementioned international organisations to tackle sex-selective practices and to combat their root causes in all countries, and to network with governments, parliaments, various stakeholders, media, non-governmental organisations, women organisations and other community bodies in order to increase awareness of gendercide and ways to prevent it;

38.   Calls on the Commission and the EEAS, when discussing humanitarian aid packages, to prioritise gendercide as an issue to be addressed by the third countries concerned, enjoining them to commit themselves to make the eradication of gendercide a priority, to increase awareness about this issue and to press for its prevention;

39.   Calls for the EU and its partner countries to improve, through development cooperation, the monitoring and data collection of sex ratios at birth, and to take prompt action to address possible imbalances; stresses that human rights clauses relating to gender discrimination should also be included in international trade and cooperation agreements;

40.   Calls on the European Union to ensure a rights-based approach encompassing all human rights, and to include a strong focus on the empowerment and the promotion, respect and fulfilment of women's and girl's rights, including their sexual and reproductive rights and gender equality as preconditions to combat gendercide, as a key issue in the post-2015 development policy agenda;

41.   Asserts that, when implementing the specific clauses on the prohibition on coercion or compulsion in sexual and reproductive health matters agreed on at the Cairo International Conference on Population and Development, as well as the legally binding international human rights instruments, the acquis communautaire and the Union’s policy competencies in those matters, Union assistance should not be provided to any authority, organisation or programme which promotes, supports or participates in the management of any action which involves such human rights abuses as coercive abortion, forced sterilisation of women or men, or determination of foetal sex resulting in prenatal sex selection or infanticide;

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

(1) OJ C 59, 23.2.2001, p. 258.
(2) OJ C 320 E, 15.12.2005, p. 247.
(3) OJ C 348 E, 21.12.2010, p. 11.
(4) OJ C 66 E, 20.3.2009, p. 57.
(5) OJ C 169 E, 15.6.2012, p. 81.
(6) Texts adopted:P7_TA(2012)0503 .
(7) OJ C 227 E, 4.9.2008, p. 140.
(8) On 11 October 2007 European Parliament adopted a resolution on the murder of women (feminicide) in Mexico and Central America and the role of the European Union (EU) in fighting the phenomenon. Parliament repeated its condemnation of femicide in its latest Annual Human Rights Report adopted in December 2010. Femicide is also mentioned in the EU Guidelines on Violence against Women, adopted by the EU Council in December 2008. In April 2009, EU Presidency issued a statement welcoming the start of the IACtHR trial, and in June 2010, the EU High Representative Catherine Ashton issued a declaration on behalf of the EU expressing her concern about femicide in Latin America, condemning "all forms of gender violence and abhorrent crime of femicide", and welcoming the IACtHR judgment.
(9) Amartya Sen, More Than 100 Million Women Are Missing, The New York Review of Books, Vol. 37, No. 20, (December 20, 1990), available at: http://www.nybooks.com/articles/3408
(10) United Nations Fact Sheet: International Women’s Day 2007, available at http://www.un.org/events/women/iwd/2007/factsfigures.shtml
(11) Map of the World by Sex ratio at birth, http://en.worldstat.info/World/List_of_countries_by_Sex_ratio_at_birth
(12) http://en.worldstat.info/World/List_of_countries_by_Sex_ratio_at_birth
(13) UNFPA, Report of the International Workshop on Skewed Sex Ratios at Birth: Addressing the Issue and the Way Forward, October 2011.


Budgetary constraints for regional and local authorities regarding the EU’s Structural Funds
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European Parliament resolution of 8 October 2013 on effects of budgetary constraints for regional and local authorities regarding the EU’s Structural Funds expenditure in the Member States (2013/2042(INI) )
P7_TA(2013)0401 A7-0269/2013

The European Parliament,

–   having regard to the conclusions of the European Council of 28/29 June 2012(1) ,

–   having regard to the conclusions of the European Council of 14/15 March 2013(2) ,

–   having regard to the current interinstitutional negotiations on the future Cohesion Policy and the Multiannual Financial Framework,

–   having regard to Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999,

–   having regard to its resolution of 20 November 2012 with recommendations to the Commission on the report of the Presidents of the European Council, the European Commission, the European Central Bank and the Eurogroup ‘Towards a genuine Economic and Monetary Union’(3) ,

–   having regard to its resolution of 23 June 2011 on the European Urban Agenda and its Future in Cohesion Policy(4) ,

–   having regard to its position of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area(5) ,

–   having regard to its position of 12 March 2013 on the proposal for a regulation of the European Parliament and of the Council on the strengthening of economic and budgetary surveillance of Member States experiencing or threatened with serious difficulties with respect to their financial stability in the euro area (6) ,

–   having regard to its resolution of 11 March 2009 on Cohesion Policy: investing in the real economy(7) ,

–   having regard to its resolution of 13 March 2013 on the European Council conclusions of 7/8 February 2013 concerning the Multiannual Financial Framework(8) ,

–   having regard to the draft opinion of the Committee of the Regions of 6 March 2013 on ‘Synergies between private investment and public funding at local and regional levels – partnerships for economic growth and prosperity’,

–   having regard to the opinion of the Committee of the Regions of 1 February 2013 on ‘Creating greater synergies between EU, national and subnational budgets’,

–   having regard to the memo of the Committee of the Regions of 2012 on ‘Impact of budgetary austerity on local finances and investment’,

–   having regard to the note of the European Investment Bank of 14 December 2012 on ‘The impact of the recession in 2008-2009 on EU regional convergence’(9) ,

–   having regard to the Occasional Papers of the Commission of December 2012 on ‘The Quality of Public Expenditures in the EU’(10) ,

–   having regard to the IMF’s October 2012 World Economic Outlook,

–   having regard to Rule 48 of its Rules of Procedure,

–   having regard to the report of the Committee on Regional Development and the opinions of the Committee on Budgets and the Committee on Employment and Social Affairs (A7-0269/2013 ),

A.   whereas the worldwide economic and financial crisis impaired social, economic and territorial cohesion in the EU, causing higher unemployment, lower GDP and increasing regional disparities and budgetary deficits at national, regional and local level;

B.   whereas the timing and severity of the crisis has varied to a great extent throughout the EU’s regions, emphasising pre-existing structural weaknesses and bringing a serious decline in GDP growth, record unemployment rates, major impoverishment of the most vulnerable in society and a deteriorated business climate and lowered consumer confidence;

C.   whereas banks and financial markets have become increasingly reluctant to lend, as the perceived creditworthiness of sovereign and sub-national governments has deteriorated;

D.   whereas the fiscal compact has been shown to be inappropriate in facing the challenges of the crisis and a growth compact enabling significant investment across the Community is envisaged as the most viable solution, as there is a consensus today that fiscal austerity and budgetary cuts without investments do not revitalise the economy and will not create favourable conditions for job creation and economic growth;

E.   whereas the European Structural and Investment Funds are intended to promote the economic, social and territorial cohesion across the EU, reducing regional disparities, promoting convergence and stimulating development, employment and social progress through productive investment;

F.   whereas the European Structural and Investment Funds are equally expenditures earmarked for supporting smart, inclusive and sustainable growth and competitiveness and thus positively impact on the denominator of the deficit-to-GDP ratio;

G.   whereas the EU-wide collapse in public finance triggered by the sovereign debt crisis caused austerity policies to become widespread; whereas their effects on local finances have been devastating, causing several budget lines to be reduced or moderated and heavily jeopardising the financing/co-financing capacities for productive investment of national, regional and local authorities;

H.   whereas only a few states continued to support local investment, while the others, faced with the sovereign debt crisis, decided to freeze or cut financial support for investment to local authorities, with a strong tendency to centralise or introduce internal stability pact rules that have strongly reduced investment;

I.   whereas major budget cuts in important fields and sectors are one of the biggest problems facing local and regional authorities in the current period;

J.   whereas sub-national governments are key regional development actors: they represent 60 % of public investment and 38 % of consolidated government spending on ‘economic affairs’, thus including most expenditure which can influence regional development, such as that on commercial and labour affairs, agriculture, transport or R&D;

K.   whereas in the EU, investment has acted as an adjustment variable in two out of three countries, partly owing to efforts made in 2009 to combat the crises; whereas direct investment dropped in 2011 compared to 2010 in 17 Member States, in ten of which by more than 10 % in 2011 (Austria, Latvia, the Czech Republic, Slovakia, Bulgaria, Portugal, Greece, Hungary and Spain); whereas the drop in investment which began in 2010 (investment grants by central governments plunged by -8,7 %) is continuing and seems to be entering a negative spiral;

L.   whereas the level of indebtedness of sub-national governments is well below the level of indebtedness of national actors;

M.   whereas sub-national authorities are required to participate in the consolidation effort and reduce their deficits and debt while borrowing conditions have deteriorated for the financially weaker sub-national governments;

N.   whereas public investment is key to social inclusion and investment needs are substantial in many crucial sectors in the EU’s economy, such as the labour market, infrastructure, research and innovation, SMEs;

O.   whereas, after a period of increasing convergence in the EU between 2000 and 2007, convergence slowed down substantially during the recession; whereas the regions most affected were those with unsustainable and speculative investments and those with strong export manufacturing sectors;

P.   whereas the EU Structural Fund uptake arrangements are such that the Commission can reimburse interim payments only on the basis of declarations of expenditure paid out in Member States;

Q.   whereas national public co-financing under the Structural Funds in EU-27 for the 2007-2013 programming period amounts to approximately EUR 132 billion, and whereas that figure constitutes a sine qua non for proper take-up of the Funds and for investment of a high quality serving to strengthen ownership and accountability in the use of EU funding;

R.   whereas public co-financing of the programmes supported by Cohesion Policy can be jeopardised by lack of flexibility in the application of the Stability and Growth Pact (SGP), with the result that Cohesion Policy cannot be brought to bear to such useful effect to improve competitiveness and overcome the current crisis;

General observations

1.   Notes with great concern the clear pattern of rising regional inequality in the EU today, with many relatively poor regions in the New Member States and Southern Europe and a majority of rich regions in Central and Northern Europe, and even within Member States and regions; underlines, in this context, the prime importance of EU’s Cohesion Policy as the main tool for investment aimed at convergence and sustainable development in the EU;

2.   Stresses that the local economy is a key recovery factor for communities, and that this is important in the current crisis situation; highlights, in this context, the economic and social effects of the social economy in improving social cohesion at local level; calls on the Member States to provide funding opportunities for the social economy through the Structural Funds for the 2014-2020 period;

3.   Reiterates the importance of Cohesion Policy as the Union’s main investment instrument, playing a central role in fighting the crisis, reducing imbalances and engaging the EU and its regions on a path of sustainable growth; underlines the special role of the European Social Fund (ESF) in supporting social investment and implementing the Europe 2020 strategy, in particular by contributing to high levels of sustainable employment and productivity and, at the same time, effectively combating poverty and social exclusion as well as increasing social cohesion; hence underlines the importance of securing sufficient budgetary provisions in the context of the MFF negotiations to the Structural and Investment Funds, noting in particular their key share of investment in areas such as employment, innovation, sustainable development, the low-carbon economy and support to SMEs;

4.   Points out that Cohesion Policy proved resilient to the crisis, adapting its programmes and funding instruments and thus providing greater flexibility and making a crucial contribution in areas where investment is needed for economic modernisation and improved competitiveness and for reducing geographical disparities;

Financing capacity of the EU’s regions and synergies between regional, national and EU level

5.   Highlights the role played by several sub-national authorities in rebalancing the budget by keeping up the level of public investment and co-financing new projects and providing a leverage effect, especially when private investment is low; underlines the fact that at a time of recession and weak growth, sustainable public procurement and the capacity to finance/co-finance and incur commitments for investment are crucial in order to maintain growth potential;

6.   Is concerned that the prolonged austerity measures and the strict economic governance carried out in 2011 and 2012, implying increased pressure and cuts on public budgets, risks reducing the scope for local policies targeted at fulfilling Europe 2020;

7.   Stresses the need to restore and improve financial capacity, at sub-national level and to provide adequate technical assistance, especially in implementing locally led complex joint projects in order to secure public investment for programmes and projects aimed at boosting sustainable growth, combating social exclusion and restoring the social fabric, providing adequate health and social services and securing jobs, especially at regional and local level; maintains that the specific additional allocation for the outermost regions should not be subject to thematic concentration and be used to offset the additional costs linked to the characteristics and constraints referred to in Article 349 of the TFEU, that are incurred in the outermost regions; notes, furthermore, that the specific additional allocation may also be used to help finance operating aid and expenditure covering public service obligations and contracts in the outermost regions;

8.   Stresses the need to further strengthen the administrative capacity of regional and local authorities, and for further efforts to reduce the red tape which also adversely affects these authorities in their role as beneficiaries and restricts their capacity to implement EU-funded projects;

9.   Asks the institutions to improve the existing provisions so that regions in certain Member States that are particularly hard-hit by the financial crisis may further improve their capacity to absorb structural and cohesion funds and prevent the anticipated huge decommitments;

10.   Calls for further simplification of the rules and for increased flexibility and transparency in the programming and management of the Structural Funds, which will allow better project implementation and quicker and more appropriate responses to social challenges and threats;

11.   Welcomes the Commission’s 2012 Report on Public Finances in the EMU and especially the chapter on Fiscal Decentralisation in the EU, which highlights the soundness of a fiscal federalist model that devolves revenue-raising as well as expenditure responsibilities to sub-state authorities; asks the Commission to include such a chapter on the state of sub-state public finances and reforms in next year’s report on Public Finances in the EMU;

12.   Highlights the need for greater synergies between national, sub-national, and European public spending budgets through clear establishment of the roles and responsibilities of the different budgetary authorities at EU, Member State and sub-State level, including being clear about the role and rationale for EU policy and funding intervention, keeping to the payment periods fixed in the Late Payment Directive 2011/7/EU, respecting subsidiarity and the budgetary rights of local and regional authorities (their role in decision making and scrutiny), i.e. their democratic accountability to the communities that elect them, and ensuring the autonomy of each level of governance in determining priorities and spending; asks the Commission to provide clear factual data on how the role of the EU budget in leveraging investments at different levels could be enhanced;

13.   Strongly supports increased transparency and simplification of budgetary processes at all levels of governance (including identifying sources of EU funding explicitly within national and sub-state budgets), as well as ensuring the availability of data at EU level on the spending profiles of EU funding programmes at regional level (where this is possible) but also clarifying how priorities and funding are aligned at EU, Member State and sub-state level towards agreed EU-level priorities;

14.   Stresses the importance of adapting to ongoing budgetary constraints across Europe, while continuing to invest in the future; reminds Member States that the challenge is not to spend more but to spend more efficiently;

15.   Welcomes the fact that the application of financial instruments is being extended under the Cohesion Policy to all thematic objectives and all European Structural and Investment Funds; asks the Commission to come up with a thorough analysis and assessment of the potential of the new means and sources of financing to support investment for growth, such as the bond market, the risk-sharing instrument and the use of innovative financial instruments; calls on the Commission and the European Investment Bank (EIB) to come up with innovative ways to finance the long-term investments of local and regional authorities including through attracting private capital; emphasises the key role played by EIB loan schemes in financing projects of European interest, and calls for greater coordination and synergy to be established between such schemes and the Structural Funds;

16.   Underlines the significance of Jessica in supporting sustainable urban development and the regeneration of urban areas through financial engineering mechanisms, and calls for its wider use in the future programming period;

Economic governance of the EU and investment for growth and jobs

17.   Stresses the role that local and regional authorities could play in achieving the Europe 2020 objectives of smart, sustainable and inclusive growth; reiterates the importance of the partnership between central authorities and regional and local authorities in setting priorities and providing the necessary co-financing for the implementation of programmes as a prerequisite for achieving maximum effect with limited resources in seeking to achieve these objectives; highlights, in this context, the importance of the new instrument for community-led local development, which would allow action groups at local level to develop and implement local strategies for smart, sustainable and inclusive growth; calls on the Member States to provide for such opportunities as part of the ongoing programming process, so as to make use of local action groups’ great potential for innovation; emphasises the importance of local and regional authorities and, where applicable, the social partners and other relevant partners in the programming, implementation, monitoring and evaluation of the Structural Funds and the preparation of the partnership agreements, which could result in better linkages between EU, national, regional and local strategies;

18.   Expresses the belief that thematic concentration on a small number of priorities is necessary; stresses, however, that flexibility is required to allow Member States and regions to respond as effectively as possible to common targets, while also respecting territorial, economic and social specificities,

19.   Strongly reiterates its opposition to the introduction of macroeconomic conditionality in the Cohesion Policy 2014-2020, which would penalise regions and social groups already weakened by the crisis, with a suspension of payments possibly having disproportionate effects in several Member States and especially in regions, despite their full participation in the efforts to equilibrate public budgets, and which would only serve to weaken states in financial difficulty and undermine solidarity efforts that are essential to preserving a macroeconomic balance within the Union; takes the view, moreover, that a punitive approach of this kind might not be understood by the public at large and could add to public distrust at a time when people are already being hit hard by the crisis and the effects of austerity policies;

20.   Believes that in a period of retrenchment in public financing, there has to be a rethink regarding the principle of additionality, which should be implemented in line with the European economic governance framework, and hopes that this point will be discussed in the negotiations on Cohesion Policy after 2013;

21.   Notes the IMF’s recent comments that austerity weakens countries in which it is applied unthinkingly, the reason being that when the global economic outlook is poor, precipitate government deficit reduction hampers recovery in the short term by lowering tax receipts and hence further exacerbating the deficit; agrees with the IMF that the emphasis, instead of being confined to fiscal consolidation, should be broadened with a view to balancing consolidation with growth;

22.   Welcomes the proposal from some Member States that the MFF negotiations should cover the subject of a ‘review clause’ for the years 2015 and 2016, whereby budgets could be increased while they were being implemented, in order to promote youth employment, SMEs, and other key sectors;

23.   Invites the Commission and the Member States to exploit all margins of flexibility existing within the preventive arm of the Stability and Growth Pact (SGP) to balance productive and sustainable public investment needs with fiscal discipline objectives; considers that this could be done, for example, by excluding the aggregate volumes of national co-financing under the European Structural and Investment Funds from the limits imposed by the Stability and Growth Pact, by basing calculations for the purposes of the Pact on a Member State’s net cash requirements, as opposed to gross requirements, that is to say, net of the taxes payable on real expenditure (most importantly VAT), or by phasing the two sources of programme financing (European and national) according to different timetables, so that the funding would be wholly European during the first years of a programme and come entirely from national sources during the final years, on the assumption that the individual Member State concerned would, by that point, have managed to achieve tangible results in terms of the policy of containing the debt-to-GDP ratio;

24.   Calls on the Commission to ensure that public expenditure incurred by Member States to co-finance programmes supported by the Structural Funds is not included in the public or equivalent structural expenditure taken into account under partnership agreements for the purpose of ascertaining that the Stability and Growth Pact is being complied with, given that the latter expenditure constitutes an obligation deriving directly from the observance of additionality; calls, therefore, for public expenditure related to the implementation of programmes co-financed by the European Structural and Investment Funds to be completely excluded from the definition of SGP structural deficits because this is expenditure devoted to achieving the goals of Europe 2020 and supporting competitiveness, growth and job creation, especially where youth employment is concerned;

25.   Invites the Commission to report on the scope for possible action within the boundaries of the existing EU fiscal framework in order to address further the issue of separating current spending and investment in the budget deficit calculations so as to avoid public investments with long-term net benefits being calculated as negative;

26.   Urges the Commission and the Member States to take into consideration in the context of the current negotiations on the future Economic and Monetary Union, all margins of flexibility in the macro-economic governance framework in order to allow for productive investment, in particular by rethinking the relationship between the Stability and Growth Pact and productive public investment and excluding public expenditure related to the implementation of programmes co-financed by the Structural and Investment Funds in the framework of growth-friendly policies from the budgetary surveillance rules under the Stability and Growth Pact;

o
o   o

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

(1) http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/131388.pdf.
(2) http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/136151.pdf.
(3) Texts adopted, P7_TA(2012)0430 .
(4) OJ C 390 E, 18.12.2012, p. 10.
(5) Texts adopted, P7_TA(2013)0070 .
(6) Texts adopted, P7_TA(2013)0069 .
(7) OJ C 87 E, 1.4.2010, p. 113.
(8) Texts adopted, P7_TA(2013)0078 .
(9) http://www.eib.org/infocentre/publications/all/econ-note-2012-regional-convergence.htm.
(10) http://ec.europa.eu/economy_finance/publications/occasional_paper/2012/pdf/ocp125_en.pdf.


Comprehensive EU fishery strategy in the Pacific region
PDF 141k   DOC 57k
European Parliament resolution of 8 October 2013 For a comprehensive EU fishery strategy in the Pacific Region (2012/2235(INI) )
P7_TA(2013)0402 A7-0297/2013

The European Parliament,

–   having regard to the Treaty on the Functioning of the European Union (TFEU),

–   having regard to the United Nations Convention on the Law of the Sea of 10 December 1982,

–   having regard to the resolutions of the UN General Assembly on fisheries, and in particular to paragraph 157 of Resolution 66/68 regarding the obligations of developed states towards least developed states and small island developing states,

–   having regard to the 1995 Agreement for the Implementation of the Provisions of the UN Convention on the Law of the Sea of 10 December 1982 relating to the conservation and management of straddling fish stocks and highly migratory fish stocks,

–   having regard to the FAO International Plan of Action for the Management of Fishing Capacity, endorsed by the FAO Council in November 2000 (IPOA-Capacity),

–   having regard to Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing (IUU fishing)(1) ,

–   having regard to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing approved by the FAO Conference at its Thirty-sixth Session on 22 November 2009,

–   having regard to its resolution of 22 November 2012 on the external dimension of the Common Fisheries Policy(2) ,

–   having regard to the Commission’s Joint Communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 21 March 2012 entitled ‘Towards a renewed EU-Pacific development partnership’(3) ,

–   having regard to the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, to which the EU has been a contracting party since 25 January 2005 by virtue of Council Decision 2005/75/EC(4) ,

–   having regard to Council Decision 2006/539/EC of 22 May 2006 on the conclusion, on behalf of the European Community, of the Convention for the Strengthening of the Inter‑American Tropical Tuna Commission (IATTC) established by the 1949 Convention between the United States of America and the Republic of Costa Rica(5) ,

–   having regard to the Convention on the Conservation and Management of High Seas Fisheries Resources in the South Pacific Ocean(6) , approved on behalf of the European Union by virtue of Council Decision 2012/130/EU(7) and creating the South Pacific Regional Fisheries Management Organisation (SPRFMO),

–   having regard to Council Decision 2011/144/EU of 15 February 2011 on the conclusion of the Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part(8) ,

–   having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific (ACP) Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000(9) (the Cotonou Agreement),

–   having regard to Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund(10) ,

–   having regard to the Partnership Agreement between the European Community and the Federated States of Micronesia on fishing in the Federated States of Micronesia(11) ,

–   having regard to the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other(12) ,

–   having regard to the Fisheries Partnership Agreement between the EU and Solomon Islands(13) ,

–   having regard to the Commission Decision of 15 November 2012 on notifying the third countries that the Commission considers as possible of being identified as non‑cooperating third countries pursuant to Council Regulation (EC) No 1005/2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing,(14)

–   having regard to Rule 48 of its Rules of Procedure,

–   having regard to the report of the Committee on Fisheries and the opinion of the Committee on Development (A7-0297/2013 ),

A.   whereas in order to implement policy coherence for development, EU policies which have an impact on fisheries in Pacific ACP (PACP) countries – i.e. fisheries, trade and development policies – should be implemented in a way that ensures that they contribute to the sustainable fisheries development objectives established by PACP countries; whereas such an approach should be incorporated in the forthcoming renewal of the Cotonou Agreement or the instruments successive to that Agreement;

B.   whereas the EU has to seek policy coherence for development on the basis of Article 208(1) TFEU, according to which 'the Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries';

C.   whereas the EU is the second leading donor in this region after Australia, channelling its assistance through the European Development Fund (EDF), and whereas despite fisheries resources being the main source of wealth of the Pacific ACP countries and the only resource common to them all, and although the countries of the Western and Central Pacific have repeatedly expressed their intention to make tuna fishing the driver for the social and economic development of the region, only 2,3 % of assistance under the 10th EDF is devoted to fisheries‑related activities;

D.   whereas bilateral and multilateral trade agreements negotiated by the EU should be preceded by impact assessments, in particular with respect to the conservation of marine living resources and the consequences of the agreements for the local populations; whereas such bilateral and multilateral agreements should be guided by the conclusions of such impact assessments;

E.   whereas, in the current negotiations on the Economic Partnership Agreement (EPA) between the EU and the ACP countries aimed at adapting the generalised system of preferences arising from the Cotonou Agreement to WTO rules, fisheries products have a crucial role as regards access both to European markets and to resources and good fisheries governance with the aim of achieving sustainable development;

F.   mindful of the danger posed by the derogation on rules of origin provided for in Article 6(6) of Protocol II on rules of origin annexed to the interim partnership agreement between the European Community and the Pacific States and the resulting risks of unfair competition in the European market for fishery products;

G.   whereas it is in the EU’s interest to develop relations with the Pacific region and to cooperate in order to achieve the goal of development, taking as a basis the conservation of fishery resources, the promotion of sustainable fisheries development and the fostering of transparent fisheries management;

H.   whereas around half the tuna caught in the world are taken in the waters of the Western and Central Pacific, of which 80 % are in the Exclusive Economic Zones (EEZs) of island states and only 20 % in international waters;

I.   whereas the most recent stock assessments conducted by the WCPFC Scientific Committee in 2012 indicate no overfishing of either skipjack tuna (Katsuwonus pelamis ) or yellowfin tuna (Thunnus albacares ) in its regulatory area, but indicate overfishing of big-eye tuna (Thunnus obesus ); whereas mortality among juvenile big-eye tuna in purse seine fisheries, particularly where related to fish aggregating devices, is of great concern;

J.   whereas despite slightly improved fisheries monitoring, control and surveyance in the Pacific, the sustainability of the region’s resources is being threatened by a major rise in the number of purse‑seiners (mainly from Asia and the island states), the increase in the fishing effort, and illegal fishing;

K.   whereas the EU’s approach in the field of fisheries in the Pacific should be to actively support the current regional efforts to address overcapacity and improve fisheries management;

L.   whereas the Pacific has a tradition of regional agencies and structures for the management of tuna fisheries, such as the Pacific Islands Forum Fisheries Agency (FFA) and the subregional body Parties to the Nauru Agreement (PNA);

M.   whereas the vessel day scheme (VDS) was introduced by the Parties to the Nauru Agreement in 2008 in an attempt to manage access to PNA waters, limit fishing effort in those waters and maximise the benefits derived from the fishery by Pacific small island developing states;

N.   whereas the excessive effort of the parties is a reality, and discussions are taking place within the WCPFC on a new Conservation and Management Measure for the following years, where the limits on effort are being addressed;

O.   whereas the United States signed a multilateral agreement with the Pacific States in 1988, and that agreement, which is currently being renegotiated, guarantees access to around 20 % of the fishing days in the region;

P.   whereas the vessel day scheme (VDS) needs to be fully transparent and its provisions need to be improved and implemented by all its members, to enable it to fulfil its objectives and ensure full compatibility of measures taken both in the EEZs and on the high seas;

Q.   whereas the access costs for long‑distance fleets are expected to continue to increase significantly in coming years, given that they are an important source of income for countries in the area; whereas the cost of a fishing day as decided at the annual meeting of the PNA was set at a minimum of USD 6 000 for 2014;

R.   whereas the fisheries partnership agreements signed by the EU, including those with the countries of the Pacific Region, have traditionally been based on a limitation of vessel numbers with an indicative reference tonnage, and this has led to disparities owing to the introduction of the VDS by the PNA and their desire to apply the VDS to partnership agreements with the EU;

S.   whereas a well-designed and properly enforced vessel day scheme has the potential to provide the means to prevent further increases in effort in the region;

T.   whereas, in its relations with third countries, the EU has established cooperation and compliance in the field of IUU fishing as a prerequisite for the conclusion of fisheries partnership agreements; whereas Article 38(9) of Regulation (EC) No 1005/2008 on the combating of IUU fishing states that the Commission shall not enter into negotiations to conclude such partnership agreements with countries that do not cooperate in this respect;

U.   whereas EPAs should include a specific reference to the implementation of the IUU regulation, rather than simply general wording on the need to combat IUU fishing, and should not be concluded with third countries identified as ‘non-cooperating’;

V.   whereas the Commission, in its decision of 15 November 2012, notified Fiji and Vanuatu, among others, as possible non-cooperating countries in terms of the IUU Regulation, owing to their lack of deterrent measures and penalties against IUU vessels flagged in those countries and to their not having implemented the recommendations of the regional fisheries organisations;

W.   whereas historically, the fishing operations of Europe’s purse‑seiner fleet have mainly been conducted in the Central Pacific, both in international waters and in the EEZ of Kiribati, as well as those of Tuvalu, Tokelau and Nauru, on the basis of private‑sector agreements;

X.   whereas, however, besides the Fisheries Partnership Agreement with Kiribati, the EU has also negotiated such agreements with certain countries of the Western Pacific, but these have not entered into effect, as the Agreement with the Federated States of Micronesia was not ratified by that country’s parliament and the negotiations to renew the Agreement with the Solomon Islands have been at a standstill since 2012;

Y.   whereas the Commission has completed prior assessments with the Cook Islands and Tuvalu with a view to launching negotiations on fisheries agreements with those countries, and whereas the corresponding memoranda of understanding have been signed as a prerequisite for requesting negotiating mandates from the Council;

Z.   whereas the European External Action Service has to date lacked fisheries staff in its delegation in Fiji;

Overall Strategy

1.   Urges the Commission to ensure coherence among all the Union policies affecting the Pacific region, as required by Article 208 TFEU, and specifically those on fisheries, trade and development, and to enhance potential synergies with a view to achieving a multiplier effect that maximises the benefits both for the states of the Pacific region and for the EU Member States, while also promoting the international dimension, boosting the EU’s strategic presence, raising the profile of the EU in the Western and Central Pacific, and contributing to the sustainable exploitation of Pacific resources;

2.   Believes that within the framework of future, post‑Cotonou relations with the Pacific ACP countries, the fisheries strategy should have a regional focus that bolsters the position and role of the EU in the Western and Central Pacific region;

3.   Calls on the Commission to ensure that the 11th EDF takes this strategy into account and also reflects the possibility of increasing the percentage of sector-specific assistance for addressing fishing communities’ needs (including enhancing their contribution to local food security) and developing fishery infrastructure for landing and processing catches locally, since fishing is one of the region's main economic resources;

4.   Welcomes the recent addition to the EU Delegation in Fiji of staff specifically responsible for fisheries matters, and hopes that this will help establish a permanent specialist link in the field of fisheries with the countries of the region;

5.   Calls, also, for greater coordination and complementarity with other actors in the region in relation to development assistance, in keeping with the Cairns Compact of August 2009; welcomes the holding on 12 June 2012 of the second EU-PIF ministerial meeting, which has strengthened the EU-Pacific political dialogue, in particular in the fields of fisheries and development, thereby ensuring that actions taken in these areas by the EU and countries in the region will be more effective;

6.   Stresses the need for distant water fleets to contribute, in cooperation with Pacific countries, to reducing fishing pressure on tropical tuna stocks, including by substantially reducing mortality levels for juvenile big-eye tuna, a stock of great economic importance to the region and one which is currently overfished;

Fisheries Strategy

A.   Short term:

7.   Highlights the importance of establishing a fisheries strategy for the Western and Central Pacific, given the relevance of this region from a fisheries standpoint and its value to the Union’s fleet and the EU market and fish processing industry, as well as of providing legal certainty for the vessels operating there;

8.   Notes that the EU’s strategy for accessing resources in the EEZs of the countries in the region by way of fisheries cooperation agreements has not worked properly except in the case of Kiribati, and considers that a new framework for close and advantageous relations between the various parties involved is needed in order to revitalise and consolidate those agreements;

9.   Considers that part of the problem is that the EU has held unsuccessful negotiations on agreements with the countries of the Western Pacific, which is where the EEZs of the Solomon Islands and the Federated States of Micronesia are located, rather than directing its efforts towards the Central Pacific, where the Union’s purse‑seiner fleet has traditionally centred its operations;

10.   Welcomes warmly the fact that the Commission has completed prior assessments with the Cook Islands and Tuvalu with a view to launching negotiations on fisheries partnership agreements, and that the corresponding memoranda of understanding have been signed as a prerequisite for requesting negotiating mandates from the Council;

11.   Considers this new negotiating approach to be more in line with the regional focus repeatedly called for by Parliament, especially with reference to fisheries of highly migratory species; calls on the Commission to ensure compliance with the WCPFC provisions in the case of negotiations with parties to the PNA and other Pacific ACP countries;

12.   Notes that the EU's approach to the Pacific should assist developing states, and small island developing states in particular, in their efforts to secure a greater share of the benefits from the sustainable exploitation of straddling and highly migratory fish stocks and should also help strengthen regional efforts to sustainably conserve and manage fisheries for such stocks, as called for by the UNFSA Review Conference;

13.   Expresses its concern at the existence of IUU fishing in the area, and, while acknowledging that there have been some improvements in fisheries governance, considers that insufficient progress has been made, especially as regards the introduction of basic tools to combat IUU fishing;

14.   Calls on the Commission to include an explicit reference to the IUU Regulation (EC) No 1005/2008 in the provisions of the EPA negotiated with the Pacific countries;

15.   Calls on the ACP states to continue to play an active part within the RFMOs, and to keep their civil societies and socio-professional organisations regularly informed about decisions concerning fisheries;

B.   Medium to long term

16.  Calls on the Commission to provide for the establishing of a longer-term strategy for access for the EU fleet to the EEZs of the countries of the region, based on a regional framework agreement between the EU and the countries of the Western and Central Pacific, negotiated with the Forum Fisheries Agency (FFA) and centring on the following aspects:

   (a) the agreement should outline the arrangements for access for the EU fleet, which would then be given concrete form in bilateral fisheries cooperation agreements with the countries concerned;
   (b) the agreement should establish a system of transparent governance which would in particular ensure the combating of IUU fishing and specify the tools that should be used, including the Port State Measures Agreement;
   (c) the agreement should be based on the VDS, provided that measures are adopted to ensure its transparency, improve its effectiveness and its implementation by all relevant parties, and ensure its compliance with the best available scientific advice;
   (d) the negotiation of the agreement should explore ways of channelling EDF development assistance for the region through the FFA, since the Pacific ACP countries do not have the human and technical resources to adequately utilise that funding;

17.   Stresses that the final stage in this process should be exclusively regional in its focus, i.e. it should take the form of a multilateral fisheries cooperation agreement with the EPA signatory countries that grants the Union fleet access to the EEZs of those countries;

18.   Recommends that the Commission bear in mind this fisheries strategy for the Pacific region and the specific characteristics of the island states when it comes to the revision of the Cotonou Agreement;

19.   Underlines the need for Parliament to be adequately involved in the preparation and negotiating process and the long-term monitoring and assessment of the functioning of bilateral agreements according to the provisions of the TFEU; insists that Parliament be immediately and fully informed, on an equal footing with the Council, at all stages of the procedure related to FPAs, pursuant to Articles 13(2) and 218(10) TFEU; recalls its conviction that Parliament should be represented by observers at the Joint Committee meetings envisaged in the fisheries agreements; insists that civil society observers, including both EU and third-country fisheries representatives, should also attend those meetings;

o
o   o

20.   Instructs its President to forward this report to the Council, the Commission and the European External Action Service.

(1) OJ L 286, 29.10.2008, p.1.
(2) Texts adopted, P7_TA(2012)0461 ,
(3) JOIN(2012)0006 .
(4) OJ L 32, 4.2.2005, p. 1.
(5) OJ L 224, 16.8.2006, p. 22.
(6) OJ L 67, 6.3.2012, p. 3.
(7) OJ L 67, 6.3.2012, p. 1.
(8) OJ L 60, 5.3.2011, p. 2.
(9) OJ L 317, 15.12.2000, p. 3.
(10) OJ L 78, 19.3.2008, p. 1.
(11) OJ L 151, 6.6.2006, p.3.
(12) OJ L 205, 7.8.2007, p. 3.
(13) OJ L 190, 22.7.2010, p. 3.
(14) OJ C 354, 17.11.2012, p. 1.


Fisheries restrictions and jurisdictional waters in the Mediterranean and Black Sea – conflict resolution
PDF 307k   DOC 50k
European Parliament resolution of 8 October 2013 on fisheries restrictions and jurisdictional waters in the Mediterranean and Black Sea – ways for conflict resolution (2011/2086(INI) )
P7_TA(2013)0403 A7-0288/2013

The European Parliament,

–   having regard to the United Nations Convention on the Law of the Sea of 10 December 1982 (UNCLOS),

–   having regard to the 1995 Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982, relating to the conservation and management of straddling fish stocks and highly migratory fish stocks,

–   having regard to the Food and Agriculture Organisation (FAO) code of conduct for responsible fisheries, adopted in October 1995 by the FAO Conference,

–   having regard to the Convention on the Protection of the Black Sea against Pollution, signed in Bucharest in April 1992,

–   having regard to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean and its Protocols, signed in Barcelona in February 1976 and amended in Barcelona in June 1995,

–   having regard to the Strategic Action Plan for the Environmental Protection and Rehabilitation of the Black Sea, adopted in Sofia in April 2009,

–   having regard to Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)(1) ,

–   having regard to the Commission proposal for a directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal management (COM(2013)0133 ),

–   having regard to [Part VII on External Policy] of Regulation (EU) No [...]/2013 of the European Parliament and of the Council of [...] on the Common Fisheries Policy,(2)

–   having regard to its resolution of 20 January 2011 on an EU strategy for the Black Sea(3) ,

–   having regard to its resolution of 13 September 2011 on current and future management of Black Sea fisheries(4) ,

–   having regard to its resolution of 22 November 2012 on the external dimension of the common fisheries policy(5) ,

–   having regard to the Commission communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 10 October 2007 entitled ‘An Integrated Maritime Policy for the European Union’ (COM(2007)0575 ),

–   having regard to its resolution of 21 October 2010 on an Integrated Maritime Policy (IMP) – Evaluation of progress made and new challenges(6) ,

–   having regard to the Commission communication to the Council and the European Parliament of 11 September 2009 entitled ‘Towards an Integrated Maritime Policy for better governance in the Mediterranean’ (COM(2009)0466 ),

–   having regard to the European Neighbourhood Policy and related funding Instruments;

–   having regard to the Commission communication to the European Parliament and the Council of 8 September 2010 entitled ‘Marine Knowledge 2020 – Marine data and observation for smart and sustainable growth’ (COM(2010)0461 ),

–   having regard to the ENPI Mediterranean Sea Basin Programme for cross-border cooperation 2007–2013, adopted by the Commission on 14 August 2008,

–   having regard to the Commission communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 13 September 2012 entitled ‘Blue growth – Opportunities for marine and maritime sustainable growth’ (COM(2012)0494 ),

–   having regard to Rule 48 of its Rules of Procedure,

–   having regard to the report of the Committee on Fisheries and the opinion of the Committee on Development (A7-0288/2013 ),

A.   whereas by 2025 urban development in the Mediterranean may reach a level of 60 %, with a third of the population concentrated in coastal areas, thus doubling the demand on water and on fishing resources;

B.   whereas the Mediterranean Sea carries 30 % of the world’s maritime traffic;

C.   whereas the Mediterranean and the Black Sea have specific characteristics from an oceanographic, fisheries, environmental and socio-economic perspective;

D.   whereas the management of maritime and coastal areas is complex and involves various private and public authorities;

E.   whereas the Mediterranean and Black Sea basins have a very low water renewal rate (80-90 years and 140 years respectively) and are therefore extremely sensitive to marine pollution;

F.   whereas approximately 75 % of the fish stocks of the Mediterranean Sea are overexploited;

G.   whereas legal regimes governing access by vessels to national fisheries vary according to the nationality of the vessel;

1.   Expresses its concern over greater competition for fewer stocks and marine resources, leading to the creation of regional tensions and possible disputes between coastal states about maritime areas; calls, in that context, for increased efforts at regional, national, and EU levels towards enhancing the regulation of access to resources;

2.   Urges all littoral states to intensify their efforts to phase out overfishing in the Mediterranean and Black Sea, as dwindling fish stocks will increase the potential for conflicts in this area;

3.   Strongly believes that the peaceful settlement of disputes concerning maritime areas and the delimitation of maritime boundaries, in conformity with the rights and obligations of Member States and third countries under EU and international law, in particular the UN Convention on the Law of the Sea, is an essential element of good governance of the oceans;

4.   Believes that marine management in the Mediterranean and the Black Sea requires a greater degree of political cohesion and cooperation among the coastal states concerned; underlines the important role of bilateral cooperation and international agreements, given that the majority of the Black Sea and Mediterranean countries are not EU Member States and hence not subject to EU legislation;

5.   Welcomes the Commission’s role in promoting a more solid and structured dialogue with non-Member States bordering the Mediterranean and the Black Sea for the management of shared stocks in these basins; encourages the Commission to intensify its efforts to this end following a regional approach;

6.   Believes that marine management in the Mediterranean and the Black Sea region presents opportunities for international relations and for effective governance of the region;

7.   Emphasises that the competition for reduced levels of fish stocks and marine resources may become a source of friction with third countries; urges the EU and the Member States to work together to ensure the monitoring, control, security and safety of coastal and territorial waters, exclusive economic zones (EEZs), the continental shelf, and maritime infrastructure and marine resources; notes that the EU should maintain a high political profile in this respect and should seek to preclude international discord;

8.   Urges the EU to use its diplomatic resources to promote dialogue between Member States and third countries, so as to ensure that they value the principles of the EU Common Fisheries Policy, and to monitor compliance with its rules; stresses that candidate countries to EU accession, in particular, should respect EU fisheries policy principles as well as the relevant EU and international laws applying to fishing activities;

9.   Notes that of the 21 Mediterranean states, three have neither signed nor ratified the UNCLOS; asks the Commission to urge these countries, in particular candidate countries for EU accession, to become parties to the convention and to implement UNCLOS as an integral part of the EU regulatory framework for maritime affairs;

10.   Calls on the Commission and third countries to develop a regional approach to fish conservation and fishing in Mediterranean and Black Sea waters, taking into account the cross-border dimension of fishing and the migratory nature of some species; stresses, in this regard, the significant role of the General Fisheries Commission for the Mediterranean (GFCM) in ensuring a level playing field and as a regional forum for ensuring sustainable fisheries in the Black Sea;

11.   Emphasises the need for environmental protection and sustainable development in these basins, and for enhanced efforts towards marine governance and control, in accordance with international law – in particular UNCLOS – as a means of contributing to enhanced environmental protection of coastal and marine space;

12.   Believes that an Integrated Maritime Policy, and in particular maritime spatial planning, can play a central role in preventing conflicts between EU Member States as well as with third countries;

13.   Encourages the Member States to introduce integrated coastal zone management and maritime spatial planning – as regards offshore wind power generation, the laying of underwater cables and pipelines, maritime transport, fisheries and aquaculture and the creation of restocking areas – under the Blue Growth strategy and within the framework of existing agreements with neighbouring countries, including third countries, that lie on the same regional sea;

14.   Encourages the establishment of maritime zones, in particular exclusive economic zones and protected maritime areas, which will not only improve fisheries conservation and management beyond territorial waters but will also promote sustainable fisheries resources, facilitate the control of and fight against IUU (illegal, unreported and unregulated) fishing, as well as improve marine management within these basins; stresses the need for the EU to provide adequate guidance, coordination and support to Member States in this respect;

15.   Calls on the Commission to consider these issues further in view of ensuring the coherence of relevant EU policy areas, in particular the Common Fisheries Policy and the Integrated Maritime Policy, and to promote this coherence – and a level playing field – both within the EU and with neighbouring partner countries, through enhanced cooperation and dialogue;

16.   Stresses the importance of stock assessments, and calls for enhanced cooperation among scientific institutes in both basins, including the exchange of scientific data and the sharing of information; believes that the EU should promote, stimulate and facilitate cooperation and joint work between EU scientific teams and their counterparts in other involved non-Member States; welcomes, in this respect, the ‘Marine Knowledge 2020’ initiative, which aims to make data on the marine environment available to a large number of potentially interested parties, including public, industrial, educational and research bodies and civil society;

17.   Calls for an enhanced system of monitoring, control and surveillance of fishing activity within an integrated perspective to enhance ecosystem conservation in both basins, in accordance with EU and international law, in particular UNCLOS, thereby contributing to the long-term sustainable exploitation of fish stocks and to combating IUU fishing in a more effective way;

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

(1) OJ L 164, 25.6.2008, p.19.
(2) See Council doc. No...
(3) OJ C 136 E, 11.5.2012, p. 81.
(4) OJ C 51 E, 22.2.2013, p. 37.
(5) Texts adopted, P7_TA(2012)0461 .
(6) OJ C 70 E, 8.3.2012, p. 70.

Last updated: 29 January 2016Legal notice