REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a Programme to support the further development of an Integrated Maritime Policy
30.5.2011 - (COM(2010)0494 – C7-0292/2010 – 2010/0257(COD)) - ***I
Committee on Transport and Tourism
Rapporteur: Georgios Koumoutsakos
Rapporteur for the opinion (*):
Maria do Céu Patrão Neves, Committee on Fisheries
(*) Associated committee – Rule 50 of the Rules of Procedure
- DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
- EXPLANATORY STATEMENT
- OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE LEGAL BASIS
- OPINION of the Committee on Fisheries(*)
- OPINION of the Committee on Budgets
- OPINION of the Committee on the Environment, Public Health and Food Safety
- OPINION of the Committee on Regional Development
- PROCEDURE
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council establishing a Programme to support the further development of an Integrated Maritime Policy
(COM(2010)0494 – C7‑0292/2010 – 2010/0257(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2010)0494),
– having regard to Article 294(2) and Article 43(2), Articles 74 and 77(2), Articles 91(1) and 100(2), Article 173(3), Article 175, Article 188, Article 192(1), Article 194(2) and Article 195(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0292/2010),
– 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 16 February 2011[1],
– having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,
– having regard to Rules 55 and 37 of its Rules of Procedure,
– having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on Fisheries, the Committee on Budgets, the Committee on the Environment, Public Health and Food Safety and the Committee on Regional Development (A7-0163/2011),
1. Adopts its position at first reading hereinafter set out;
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.
Amendment 1 Proposal for a regulation Citation 1 | |
Text proposed by the Commission |
Amendment |
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), Article 74 and 77(2), Article 91(1) and 100(2), Article 173(3), Article 175 Article 188, Article 192(1), Article 194(2) and Article 195(2) thereof, |
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), Articles 91(1) and 100(2), Article 173(3), Article 175, Article 188, Article 192(1), Article 194(2) and Article 195(2) thereof, |
Justification | |
There are no activities foreseen under those Articles and the opt-out possibilities certain Member States have could complicate the implementation of the Programme. | |
Amendment 2 Proposal for a regulation Recital 1 | |
Text proposed by the Commission |
Amendment |
(1) The Commission Communication on an Integrated Maritime Policy for the European Union - COM(2007) 575 of 10 October 2007, states that the primary objective of the Integrated Maritime Policy is to develop and implement integrated, coherent and joined-up decision-making in relation to the oceans, seas, coastal regions and maritime sectors. |
(1) The Commission Communication on an Integrated Maritime Policy for the European Union - COM(2007) 575 of 10 October 2007, states that the primary objective of the Integrated Maritime Policy is to develop and implement integrated coordinated, coherent, transparent and environmentally friendly decision-making in relation to the oceans, seas, coastal, island and outermost regions and in the maritime sectors. |
Justification | |
The proposed text is in line with the objectives referred to in Articles 2 and 3. Neither the proposed text nor the Commission text are literal quotes. | |
Amendment 3 Proposal for a regulation Recital 4 a (new) | |
Text proposed by the Commission |
Amendment |
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(4a) In its resolution of 21 October 2010 on Integrated Maritime Policy (IMP) – Evaluation of progress made and new challenges1, the European Parliament expressly "supports the Commission's stated intention to finance the IMP with EUR 50 million over the next two years in order to build upon previous projects in the areas of policy, governance, sustainability and surveillance". |
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Justification | |
Not only Council's, but also Parliament's commitment to financing the IMP should be referred to. | |
Amendment 4 Proposal for a regulation Recital 5 | |
Text proposed by the Commission |
Amendment |
(5) A continued Union financial underpinning is needed to enable the Union to implement and further develop its Integrated Maritime Policy in line with the European Parliament Resolution of 20 May 2008 on the Integrated Maritime Policy and to pursue its overarching objectives as set out in the Commission’s Blue Paper of October 2007, confirmed in the Progress Report of October 2009 and endorsed by the General Affairs Council conclusions of 16 November 2009. |
(5) Continued Union funding is needed to enable the Union to implement and further develop its Integrated Maritime Policy in line with the European Parliament Resolution of 20 May 2008 on the Integrated Maritime Policy and to pursue its overarching objectives as set out in the Commission’s Blue Paper of October 2007, confirmed in the Progress Report of October 2009 and endorsed by the General Affairs Council conclusions of 16 November 2009. |
Amendment 5 Proposal for a regulation Recital 5 a (new) | |
Text proposed by the Commission |
Amendment |
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(5a) Sufficient resources will need to be available from 2014 onwards to ensure that the objectives of the Integrated Maritime Policy can be developed and achieved, without undermining the resources earmarked for other policies, whilst at the same time boosting the sustainable development of the Union's maritime regions, including islands and the outermost regions. To this end it is considered necessary to include the policy in the new financial perspectives for 2014-2021. |
Amendment 6 Proposal for a regulation Recital 5 b (new) | |
Text proposed by the Commission |
Amendment |
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(5b) The development of maritime affairs through financial support for Integrated Maritime Policy measures will have a significant impact in terms of economic, social, and territorial cohesion. |
Justification | |
Consolidating the IMP by means of a support programme will help to promote the overall harmonious development of the EU and to attain the objectives of economic, social and territorial cohesion set out in Article 174 of the TFEU. | |
Amendment 7 Proposal for a regulation Recital 6 | |
Text proposed by the Commission |
Amendment |
(6) Union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the Integrated Maritime Policy, including the integrated maritime governance at all levels, the further development and implementation of integrated sea-basin strategies tailored to the specific needs of Europe's different sea basins, the definition of the boundaries of sustainability of human activities in the framework of the Marine Strategy Framework Directive, which constitutes the environmental pillar of the Integrated Maritime Policy, paying due attention to their cumulative impacts, on the basis of the ecosystem approach, the further involvement of stakeholders in integrated maritime governance schemes, the further development of cross-cutting tools for integrated policy-making, the promotion of the international dimension of the Integrated Maritime Policy, and sustainable economic growth, employment, innovation and competitiveness. |
(6) Union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the Integrated Maritime Policy, paying due attention to their cumulative impacts, on the basis of the ecosystem approach, to sustainable economic growth, employment, innovation and competitiveness in coastal, island and outermost regions, and to the promotion of the international dimension of the Integrated Maritime Policy. |
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(6a) The strategic objectives of the Integrated Maritime Policy include integrated maritime governance at all levels, the further development and implementation of integrated sea-basin strategies tailored to the specific needs of Europe's different sea basins, the further development of cross-cutting tools for integrated policy-making aiming to improve synergies and coordination between existing policies and instruments through maritime-related data and knowledge-sharing, the closer involvement of stakeholders in integrated maritime governance schemes, the protection and sustainable use of marine and coastal resources, the definition of the boundaries of sustainability of human activities and the protection of the marine and coastal environment and biodiversity in the framework of the Marine Strategy Framework Directive and the Water Framework Directive, which constitute the environmental pillar of the Integrated Maritime Policy. |
Justification | |
This amendment is a consequence of the proposed modifications to Article 2. | |
Amendment 8 Proposal for a regulation Recital 7 a (new) | |
Text proposed by the Commission |
Amendment |
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(7a) It is important for the Programme to tie in with other Union policies that may encompass a maritime dimension, in particular the structural funds, the trans-European transport network, the Common Fisheries Policy, tourism, action in relation to the environment and climate change, the Framework Programme for Research and Development and energy policy. |
Justification | |
The integrated approach adopted by the IMP should also be used to identify synergies with other EU policies that may encompass a maritime dimension. | |
Amendment 9 Proposal for a regulation Recital 8 | |
Text proposed by the Commission |
Amendment |
(8) Implementation of the Programme in third countries should contribute to the development objectives of the beneficiary country and be consistent with other cooperation instruments of the EU, including objectives and priorities of the relevant EU policies. |
(8) Implementation of the Programme in third countries should contribute to the development objectives of the beneficiary country and be consistent with other cooperation instruments of the EU, including objectives and priorities of the relevant EU policies, the relevant acquis and relevant international conventions. |
Amendment 10 Proposal for a regulation Recital 9 | |
Text proposed by the Commission |
Amendment |
(9) The Programme should complement existing and future financial instruments made available by the Member States, at national and sub-national level, for promoting the protection and sustainable use of the oceans, seas and coasts. |
(9) The Programme should complement existing and future financial instruments made available by the Union and the Member States, at national and sub-national level, for promoting the protection and sustainable use of the oceans, seas and coasts, helping to foster more effective cooperation between the Member States and coastal, island, and outermost regions, and taking into account the prioritisation and progress of national and local projects. |
Justification | |
Over and above the matter of funding, the goal of promoting and improving cooperation and dialogue between Member States and their coastal regions is central to the success of the IMP. | |
Amendment 11 Proposal for a regulation Recital 9 a (new) | |
Text proposed by the Commission |
Amendment |
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(9a) When implementing the Programme care should be taken to ensure that structures are not needlessly duplicated but that existing sectoral initiatives are incorporated instead. |
Amendment 12 Proposal for a regulation Recital 10 a (new) | |
Text proposed by the Commission |
Amendment |
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(10a) In addition, a proposal should be drawn up to provide for its extension beyond 2013, together with a proposal laying down an appropriate financial envelope. |
Amendment 13 Proposal for a regulation Recital 13 | |
Text proposed by the Commission |
Amendment |
(13) The annual work programmes established for the implementation of the Programme should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. |
(13) In order to take account of unforeseen developments and to provide for a detailed but flexible framework for implementation, the Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU. In particular, delegated acts may be necessary in order to update the operational objectives and to adopt the work programmes established pursuant to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. |
Justification | |
See the justifications of the amendments to Article 3(4c)(new) and Article 7. | |
Amendment 14 Proposal for a regulation Article 1 | |
Text proposed by the Commission |
Amendment |
This Regulation establishes a Programme to support measures intended to further promoting the development and implementation of the Integrated Maritime Policy (hereinafter referred to as "the Programme"). |
This Regulation establishes a Programme to support measures intended to further promoting the development and implementation of the Integrated Maritime Policy (hereinafter referred to as "the Programme"), the primary objective of which is to maximise the sustainable development, economic growth and social cohesion of EU coastal, island and outermost regions through coherent and coordinated maritime-related policies and relevant international cooperation. The Programme shall support the sustainable use of the seas and oceans, and the expansion of scientific knowledge. |
Justification | |
The primary objective should be clearly set out and should be coherent with the 2020 strategy. | |
Amendment 15 Proposal for a regulation Article 1 a (new) | |
Text proposed by the Commission |
Amendment |
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Principles for implementation |
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1. The Commission shall implement the Programme in accordance with the Financial Regulation. Financial assistance from the Programme shall be provided only to the extent that other Union financing is not available. |
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2. The actions supported by the Programme shall correspond to the Union targets and policies for 2020 and 2050. All Member States, maritime sectors, and coastal, island and outermost regions shall be able to benefit from the Programme and a genuine European added value shall be created. In relation to the funding of actions in the various sea basins, an adequate regional balance shall be sought. The Programme shall aim at creating synergies between various policies through their better coordination. |
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3. The Commission shall seek the active and effective involvement of regional and local authorities, economic and social partners as well as NGOs and civil society organisations where possible and appropriate. |
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4. Good governance and transparency of decision-making processes shall apply in the implementation of the Programme, and this Programme shall seek to contribute to transparency and good governance in all related sectoral policies at Union, national and regional level. |
Justification | |
This sentence is moved from Article 7. | |
Amendment 16 Proposal for a regulation Article 2 | |
Text proposed by the Commission |
Amendment |
General Objectives |
General Objectives |
The Programme shall have the following general objectives: |
The Programme shall have the following general objectives: |
(a) to foster the development and implementation of integrated governance of maritime and coastal affairs and integrated sea basin strategies; |
(a) to foster the development and implementation of integrated governance of maritime and coastal affairs; |
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(aa) to support the development and implementation of sea-basin strategies; |
(b) to contribute to the development of tools that cut across sea or coast-related sectoral policies; |
(b) to contribute to the development of cross-sectoral tools, namely Maritime Spatial Planning, integration of maritime surveillance and marine knowledge, in order to develop synergies and to support sea or coast related policies, particularly in the field of economic development, employment, environmental protection, research, maritime safety, energy, and the development of green maritime technologies; |
(c) to support joined up policy-making and to promote the sustainable use of the marine and coastal resources and sustainable economic growth, innovation and employment in maritime sectors and coastal regions, in coherence with sectoral policy priorities and actions; |
(c) to promote the protection of the marine environment, in particular its biodiversity, and the sustainable use of marine and coastal resources and to further define the boundaries of sustainability of human activities that have an impact on the marine environment, in particular in the framework of the Marine Strategy Framework Directive and the Water Framework Directive; |
(d) to further define the boundaries of sustainability of human activities that have an impact on the marine environment, in the framework of the Marine Strategy Framework Directive; |
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(da) to support sustainable "blue" economic growth, employment, innovation and new technologies in maritime sectors and in coastal, island and outermost regions in the EU; |
(e) to improve and enhance external cooperation and coordination in relation to the objectives of the Integrated Maritime Policy. |
(e) to improve and enhance external cooperation and coordination in relation to the objectives of the Integrated Maritime Policy, on the basis of advancing debate within international forums. In this respect, ratifying and implementing the United Nations Convention on the Law of the Sea (UNCLOS) and other relevant international instruments is essential; |
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(eb) to enhance the visibility of maritime Europe. |
Justification | |
The structure of the general objectives should permit a clear attribution of operational objectives to each general objective. Support for the Union's policy in the area of the law of the sea should be added as well as visibility of the IMP. | |
Amendment 17 Proposal for a regulation Article 3 – title | |
Text proposed by the Commission |
Amendment |
Specific Objectives |
Operational Objectives |
Justification | |
The proposed title is more appropriate given the content of those objectives. | |
Amendment 18 Proposal for a regulation Article 3 – paragraph 1 | |
Text proposed by the Commission |
Amendment |
1. Within the objectives set out in Article 2(a) (b) (c) (d) the Programme shall aim to: |
1. Within the objective set out in Article 2(a) (integrated maritime governance), the Programme shall: |
(a) encourage Member States or regions to develop or introduce integrated maritime governance; |
(a) encourage Member States and EU regions to develop, introduce or implement integrated maritime governance; |
(b) stimulate and reinforce dialogue and cooperation with and among stakeholders on cross-cutting issues related to Integrated Maritime Policy; |
(b) stimulate and reinforce dialogue and cooperation and coordination with and among Member States, EU regions, stakeholders, citizens, civil society organisations and the social partners while guaranteeing full transparency; |
(c) facilitate the exploitation of synergies, sharing of information and exchange of best practices on maritime policy, including its governance and sectoral policies that have an impact on regional seas and coastal regions or |
(c) facilitate the exploitation of synergies, sharing of information and exchange of methods, standards and best practices; |
(d) promote the establishing cross-sectoral cooperation platforms and networks, including interests from industry, research stakeholders, regions, public authorities and NGOs; |
(d) promote cross-sectoral cooperation platforms and networks, including representatives of public authorities, regional and local authorities, industry, research stakeholders, citizens, civil society organisations and the social partners. |
(e) facilitate the development of common methods and approaches; |
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Justification | |
The structure of the objectives should allow a clear attribution of operational objectives to a general objective. The operational objectives should be more specific. | |
Amendment 19 Proposal for a regulation Article 3 – paragraph 1 a (new) | |
Text proposed by the Commission |
Amendment |
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1a. Within the objective set out in Article 2(aa) (sea-basin strategies), the Programme shall: |
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(a) support the development and implementation of integrated sea-basin strategies in all European sea basins, taking account of the specificities of the sea basins and sub-sea basins, and of existing macro-regional strategies, and especially those in which an exchange of information and experience between various countries is already established and operational multinational structures are in existence; |
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(b) stimulate and reinforce dialogue and cooperation with and among Member States, regions and stakeholders, citizens, civil society organisations and the social partners; |
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(c) facilitate the exploitation of synergies, sharing of information and exchange of methods, standards and best practices. |
Justification | |
The structure of the objectives should allow a clear attribution of operational objectives to a general objective. The operational objectives should be more specific. | |
Amendment 20 Proposal for a regulation Article 3 – paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. Within the objective set out in Article 2(b), the Programme shall aim to foster the development of: |
2. Within the objective set out in Article 2(b) (tools), the Programme shall: |
(a) a common information sharing environment for the EU maritime domain which promotes cross-sectoral and cross-border surveillance activities and reinforces the safe and secure use of marine space, taking into account the relevant developments of sectoral policies as regards surveillance and contributing, as appropriate, to their necessary evolutions; |
(a) contribute to the development of a common information-sharing environment for the EU maritime domain which promotes cross-sectoral and cross-border surveillance activities and reinforces the safe, secure and environmentally friendly use of marine space, taking into account the relevant developments of sectoral policies as regards surveillance; |
(b) maritime spatial planning and integrated coastal zone management, both of which provide a fundamental tool for eco-system based management and sustainable development of marine areas and coastal regions; |
(b) facilitate Member State cooperation in the field of maritime spatial planning, integrated coastal zone management and the development of land-sea links, for example as regards the development of experimental and other measures combining the generation of wind energy and fish breeding; |
(c) a comprehensive and publicly accessible marine data and knowledge base of high quality which facilitates sharing, re-use and dissemination of these data among various user groups and ensures visualisation of maritime information through web-based tools; |
(c) contribute to the development of a comprehensive and publicly accessible marine database and knowledge base of high quality which facilitates sharing, re-use and dissemination of these data among various user groups and ensures visualisation of maritime information through web-based tools, wherever possible, using programmes already developed for that purpose. |
Justification | |
The structure of the objectives should allow a clear attribution of operational objectives to a general objective. The operational objectives should be more specific. | |
Amendment 21 Proposal for a regulation Article 3 – paragraph 2 a (new) | |
Text proposed by the Commission |
Amendment |
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2a. Within the objective set out in Article 2(d) (environmental protection and sustainable use), the Programme shall: |
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(a) contribute to defining and developing the boundaries of sustainability of human activities that have an impact on the marine environment; |
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(b) facilitate the development of methods and standards; |
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(c) facilitate coordination between Member States and other actors in implementing the ecosystem approach and the precautionary principle; |
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(d) promote actions for the mitigation of the effects of climate change on the marine, coastal and island environment, with a particular emphasis on those areas that are most vulnerable in that respect; |
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(e) facilitate improved conditions for the marine and coastal environment and prevent as well as reduce pollution, including marine litter; |
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(f) contribute to the conservation of ecosystems and biodiversity; |
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(g) encourage research for the purpose of assessing the current state of threatened ecosystems, thereby providing a basis for planning at regional and national level, and for the purpose of identifying legislative weaknesses with regard to illegal, unregulated and unreported fishing. |
Justification | |
The structure of the objectives should allow a clear attribution of operational objectives to a general objective. The operational objectives should be more specific. | |
Amendment 22 Proposal for a regulation Article 3 – paragraph 2 b (new) | |
Text proposed by the Commission |
Amendment |
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2b. Within the objective set out in Article 2(da) (growth, employment and innovation), the Programme shall: |
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(a) promote initiatives for growth and employment in the maritime sector and in coastal and island regions; |
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(b) support training, education and career opportunities in maritime professions, such as vocational training for those responsible for ships and shipping; |
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(c) support actions to make the maritime professions more attractive and to encourage the mobility of young people in the maritime sectors; |
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(d) foster research and development into and the promotion of green technology, marine renewable energy sources, green shipping and short sea shipping; |
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(e) support measures for the development and promotion of a coastal, maritime and island tourism strategy; |
Justification | |
The structure of the objectives should allow a clear attribution of operational objectives to a general objective. The operational objectives should be more specific. | |
Amendment 23 Proposal for a regulation Article 3 – paragraphs 3 and 4 | |
Text proposed by the Commission |
Amendment |
3. Within the objective set out in Article 2(e) and complementing the sectoral policies, the Programme shall aim to improve and enhance cooperation for integrated cross-sectoral actions with: |
3. Within the objective set out in Article 2(e) (international dimension), the Programme shall: |
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(a) foster international maritime governance and cooperation with third countries based on the rule of law through the promotion of global membership of UNCLOS; |
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(aa) promote the signing, ratification and implementation of international agreements. |
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(b) complement the sectoral policies by improving cooperation through the exchange of best practices and enhance dialogue at international level in the competent forums where necessary and appropriate; |
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(c) enhance cooperation for integrated cross-sectoral actions with: |
(a) third countries including those bordering a European sea basin, |
– third countries, in particular those bordering a European sea basin, |
(b) actors in third countries, |
– where necessary and appropriate, other actors in third countries, such as regional authorities, research bodies, NGOs and businesses, |
(c) international partners and organisations, particularly in relation to international ecosystem restoration commitments and other pertinent agreements, |
– international partners, organisations and instruments, particularly in relation to international ecosystem restoration commitments and other pertinent agreements. |
4. The specific objectives set out in paragraph 3 shall be pursued in accordance with the specific objectives set out in paragraphs 1 and 2 and in coherence with the cooperation instruments of the EU, taking into account the objectives of the national and regional development strategies. |
These operational objectives shall be pursued in coherence with the external relations and accession instruments of the EU, taking into account the objectives of the national and regional development strategies. The application of environmental standards in third countries that are at least equivalent to those applicable in the Union shall be encouraged. |
Justification | |
The structure of the objectives should allow a clear attribution of operational objectives to a general objective. The operational objectives should be more specific. | |
Amendment 24 Proposal for a regulation Article 3 – paragraph 4 a (new) | |
Text proposed by the Commission |
Amendment |
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4a. Within the objective set out in Article 2(eb) (visibility), the Programme shall support tools for the dissemination and communication to public and private stakeholders of information concerning the integrated approach to maritime affairs. |
Justification | |
The structure of the objectives should allow a clear attribution of operational objectives to a general objective. The operational objectives should be more specific. | |
Amendment 25 Proposal for a regulation Article 3 – paragraph 4 c (new) | |
Text proposed by the Commission |
Amendment |
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4c. In order to take account of developments not foreseen at the time of adoption of this Regulation, the Commission may amend this Article by means of delegated acts in accordance with Article 13, and subject to the conditions laid down in Articles 13a and 13b. |
Justification | |
The operational objectives should be detailed and specific, but a measure of flexibility is needed. Therefore there should be the possibility to modify them during the implementation period. As the operational objectives are non-essential elements of this legislative act which are of general application, Article 290 of the TFEU on delegated acts must be applied. | |
Amendment 26 Proposal for a regulation Article 4 | |
Text proposed by the Commission |
Amendment |
The Programme may provide financial assistance for actions in accordance with the objectives set out in Article 2 and 3, such as: |
The Programme may provide financial assistance for the following types of actions in accordance with the objectives set out in Article 2 and 3: |
(a) studies and cooperative programmes; |
(a) studies, research and operational cooperative programmes, including education, professional training and re-training programmes; |
(b) public information and best practice sharing, awareness raising and associated communication and dissemination activities, including publicity campaigns, and events and the development and maintenance of websites; |
(b) public information and best practice sharing, awareness raising and associated communication and dissemination activities, including publicity campaigns, and events and the development and maintenance of websites and relevant social networks and databases; |
(c) conferences, seminars, workshops, and stakeholders fora; |
(c) conferences, seminars, workshops, stakeholders fora and training activities for relevant professional groups; |
(d) pooling, monitoring, visualisation of and ensuring public access to a significant amount of data, best practices and of database on Union funded regional projects, including where appropriate through a secretariat established for one or a number of these purposes; |
(d) pooling, monitoring, visualisation of and ensuring public access to a significant amount of data, best practices and databases on Union funded regional projects, including where appropriate through a secretariat established for one or a number of these purposes, giving priority to those projects concerning data collection and processing in accordance with common uniform standards; |
(e) actions relating to cross-cutting tools, including test projects. |
(e) actions relating to cross-cutting tools, including test projects. |
Justification | |
The list of possible type of actions should be exhaustive. | |
Amendment 27 Proposal for a Regulation Article 6 – paragraph 1 | |
Text proposed by the Commission |
Amendment |
1. Financial assistance under the Programme may be granted to natural or legal persons, whether governed by private or public law, including Union agencies. |
1. Financial assistance under the Programme may be granted to natural or legal persons, whether governed by private or public law. . |
Amendment 28 Proposal for a regulation Article 6 – paragraph 1 a (new) | |
Text proposed by the Commission |
Amendment |
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1a. The Programme should benefit Member States and their stakeholders. |
Justification | |
In line with the primary objective as proposed to insert in Article 1, growth in the Union should be a priority while third countries and stakeholders in third countries should not be excluded from the list of possible beneficiaries. | |
Amendment 29 Proposal for a regulation Article 6 – paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. The Programme may benefit third countries, stakeholders in third countries, and international organisations or bodies which pursue one or more of the general and specific objectives set out in Article 2 and 3. |
2. The Programme may benefit third countries, stakeholders in third countries, international organisations, NGOs or other bodies which pursue one or more of the general and operational objectives set out in Article 2 and 3, in accordance with point (e) of Article 2 and Article 3(3). |
Justification | |
In line with the primary objective as proposed to insert in Article 1, growth in the Union should be a priority while third countries and stakeholders in third countries should not be excluded from the list of possible beneficiaries. | |
Amendment 30 Proposal for a regulation Article 6 – paragraph 3 | |
Text proposed by the Commission |
Amendment |
3. Eligibility to participate in a procedure shall be specified in the relevant call for proposals or call for tenders. |
3. Eligibility to participate in a procedure shall be defined in the work programme and specified in the relevant call for proposals or call for tenders. |
Justification | |
Definitions of eligibility are rules of general application that supplement this legislative act. Therefore, they must be set by means of delegated acts. | |
Amendment 31 Proposal for a regulation Article 7 | |
Text proposed by the Commission |
Amendment |
Implementing procedures |
Work programmes |
1. The Commission shall implement the Programme in accordance the Financial Regulation. |
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2. To implement the Programme, the Commission shall, in accordance with objectives set out in Articles 2 and 3, adopt annual work programmes in accordance with the procedure referred to in Article 13(2). |
2. As a framework for the implementation of the Programme, the Commission shall, in accordance with objectives set out in Articles 2 and 3, adopt one or several work programmes for appropriate periods by means of delegated acts in accordance with Article 13 and subject to the conditions of Articles 13a and 13b. |
3. In respect of grants, the annual work programme shall set out in detail: |
3. In respect of grants, the work programmes shall set out in detail: |
(a) the priorities of the year, the objectives to be fulfilled and the foreseen results with the appropriations authorised for the financial year; |
(a) the priorities of the period, the objectives to be fulfilled and the foreseen results with the appropriations authorised for every financial year; |
(b) the titles and subject matter of the actions; |
(b) the titles and subject matter of the actions; |
(c) the implementing modalities; |
(c) the implementing modalities; |
(d) the essential selection and award criteria to be used to select the proposals; |
(d) the essential selection and award criteria to be used to select the proposals; |
(e) if relevant, the circumstances which justify awarding a grant without a call for proposals on the basis of one of the exceptions set out in Article 168 of Commission Regulation (EC, EURATOM) No 2342/2002; |
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(f) the maximum budget and the maximum possible rate of co-financing per action and if different rates are envisaged the criteria to be followed for each rate; |
(f) the maximum budget and the maximum possible rate of co-financing per action and if different rates are envisaged the criteria to be followed for each rate; |
(g) the timetable of the calls for proposals. |
(g) the timetable of the calls for proposals. |
4. In respect of public procurement contracts, the annual programme shall set out in detail: |
4. In respect of public procurement contracts, the work programmes shall set out in detail: |
(a) the titles and subject matter of the actions; |
(a) the titles and subject matter of the actions; |
(b) the maximum budget per action; |
(b) the maximum budget per action; |
(c) the purpose of the actions; |
(c) the purpose of the actions; |
(d) the implementing modalities; |
(d) the implementing modalities; |
(e) the indicative time frame for launching the procurement procedures. |
(e) the indicative time frame for launching the procurement procedures. |
5. Actions under Article 9 shall not be covered by the annual work programme. |
5. Actions under Article 9 shall not be covered by the work programmes. |
Justification | |
The elements listed are rules of general application that supplement this legislative act. Therefore, they must be set by means of delegated acts. Given that the duration of this programme is only 2,5 years, the Commission should not be restricted to annual programming if other programming periods are more appropriate. | |
Amendment 32 Proposal for a regulation Article 8 – paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. The budgetary resources allocated to the Programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework. |
2. The budgetary resources allocated to the Programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations and the appropriate nomenclature shall be authorised by the budgetary authority within the limits of the current financial framework, without jeopardising the implementation of current programmes and activities, thus avoiding redeployment within the relevant heading of the current financial framework. |
Amendment 33 Proposal for a regulation Article 8 – paragraph 2 a (new) | |
Text proposed by the Commission |
Amendement |
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2a. The budgetary resources allocated to the Programme shall be taken from the margin available in heading 2 of the multiannual financial framework for 2007-2013, without prejudice to the decision of the budgetary authority. |
Amendment 34 Proposal for a regulation Article 8 a (new) | |
Text proposed by the Commission |
Amendment |
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Article 8a |
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Areas of expenditure for various objectives |
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The financial envelope set out in Article 8 shall be earmarked for the following areas by means of delegated acts in accordance with Article 13, and subject to the conditions laid down in Articles 13a and 13b: |
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(a) integrated maritime governance and sea-basin related activities ; |
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(b) tools for the development of an integrated maritime policy; |
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(c) promotion of the international dimension of the integrated maritime policy and the visibility of maritime Europe; |
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(d) definition of sustainability limits in respect of maritime activities through the marine Strategy Framework Directive, as well as sustainable economic growth, job creation and innovation. |
Amendment 35 Proposal for a regulation Article 10 – paragraph 6 | |
Text proposed by the Commission |
Amendment |
6. The Commission shall take all other steps necessary to verify that actions financed are carried out properly and in compliance with the provisions of this Regulation and the Financial Regulation. |
6. The Commission shall verify that actions financed are carried out properly, are consistent with measures under other sectoral policies and instruments and in compliance with the provisions of this Regulation and the Financial Regulation. |
Amendment 36 Proposal for a regulation Article 12 | |
Text proposed by the Commission |
Amendment |
Evaluation |
Reporting, evaluation and extension |
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The European Parliament and the Council shall be regularly and promptly informed about the Commission's work. |
The Commission shall submit to the European Parliament and the Council an ex-post evaluation report no later than 31 December 2014. |
The Commission shall submit to the European Parliament and the Council |
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(a) a progress report no later than 31 December 2012. The progress report shall include an evaluation of the Programme's impact on other Union policies. |
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(b) an ex-post evaluation report no later than 31 December 2014. |
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The Commission shall submit, if appropriate, a legislative proposal on the extension of the Programme beyond 2013 with an appropriate financial envelope. |
Justification | |
Reporting is a key element of accountable implementation and should be strengthened. A progress report before a possible legislative proposal for a subsequent IMP programme is necessary. | |
Amendment 37 Proposal for a regulation Article 13 | |
Text proposed by the Commission |
Amendment |
Advisory Committee |
Exercise of the delegation |
1. The Commission shall be assisted by an Advisory Committee in establishing the annual work programmes foreseen in Article 7(2). |
1. The power to adopt delegated acts referred to in Article 3(4c), Article 7 and Article 8a shall be conferred on the Commission for the period referred to in Article 8(1). |
2. Where reference is made to this paragraph, Article 3 and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. |
2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. |
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3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 13a and 13b. |
Justification | |
Legislative acts must explicitly lay down the conditions to which a delegation of powers is subject. | |
Amendment 38 Proposal for a regulation Article 13 a (new) | |
Text proposed by the Commission |
Amendment |
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Article 13a Revocation of the delegation |
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1. The delegation of power referred to in Article 3(4b) and in Article 7(2) may be revoked at any time by the European Parliament or by the Council. |
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2. The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation. |
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3. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union. |
Justification | |
Legislative acts must explicitly lay down the conditions to which a delegation of powers is subject. | |
Amendment 39 Proposal for a regulation Article 13 b (new) | |
Text proposed by the Commission |
Amendment |
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Article 13b Objections to delegated acts |
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1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council that period shall be extended by two months. |
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2. If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. |
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3. If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act. |
Justification | |
Legislative acts must explicitly lay down the conditions to which a delegation of powers is subject. |
- [1] Not yet published in the Official Journal.
EXPLANATORY STATEMENT
The Integrated Maritime Policy advocates an integrated approach to the management and governance of the oceans, seas and coasts, and fosters interaction between all sea-related policies in the EU. The purpose of the proposed funding, € 50 million, is to continue the work undertaken since 2007.
The foundations for the Integrated Maritime Policy have been set. The European Parliament adopted resolutions in 2007[1], 2008[2] and 2010[3] in reaction to the Commission’s Green Paper[4] and its Communication on an Integrated Maritime Policy for the European Union (COM(2007)0575). Several initiatives were financed through preparatory actions and pilot projects, which had a time limit of two or three years, by their very nature.
The Regulation foresees a programme for a stable framework to keep supporting them from 2011 to 2013.
The main issues addressed in this draft report are:
- Better clarifying the objectives of the programme,
- A clear position on its financing,
- More involvement of the Legislators in further decision-making through delegated acts and reporting.
- [1] European Parliament resolution of 12 July 2007 on a future maritime policy for the European Union: a European vision for the oceans and seas, OJ C 175 E of 10.7.2008, p. 531.
- [2] European Parliament resolution of 20 May 2008 on an integrated maritime policy for the European Union, OJ C 279 E of 19.11. 2009, p. 30.
- [3] European Parliament resolution of 21 October 2010 on Integrated Maritime Policy (IMP) - Evaluation of progress made and new challenges, P7_TA-PROV(2010)0386.
- [4] Green Paper on a Future Maritime Policy for the Union: a European Vision of the Oceans and Seas (COM(2006)0275).
OPINION OF THE COMMITTEE ON LEGAL AFFAIRS ON THE LEGAL BASIS
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EUROPEAN PARLIAMENT |
2009 - 2014 |
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Committee on Legal Affairs
The Chair
27.5.2011
Mr Brian Simpson
Chair
Committee on Transport and Tourism
BRUSSELS
Subject: Opinion on the legal basis of the proposal for a regulation of the European Parliament and of the Council establishing a Programme to support the further development of an Integrated Maritime Policy (COM(2010)0494 – C7‑0292/2010 – 2010/0257(COD)(COD))
Dear Mr Chair,
By letter of 18 April 2011 you asked the Committee on Legal Affairs pursuant to Rule 37(2) of the Rules of Procedure, to give its opinion on a change of the legal basis for the proposal for a regulation of the European Parliament and of the Council establishing a programme to support further development of an Integrated Maritime Policy (the "proposal") from Articles 43(2), 74 and 77(2), 91(1) and 100(2), 173(3), 175, 188, 192(1), 194(2) and 195(2) TFEU to Articles 43(2), 91(1) and 100(2), 173(3), 175, 188, 192(1), 194(2) and 195(2) TFEU. Amendments tabled by the Committee on Environment, Public Health and Food Safety (ENVI) added Articles 165(4) and 166(4) TFEU to the proposed legal bases.
The committee considered the above question at its meeting of 24 May 2011.
I. Background
The proposal was presented by the Commission on 29 September 2010 as a follow up to the Commission Communication on Integrated Maritime Policy of October 2007 (the so-called "Blue Paper")[1] and the Progress Report on the EU´s Integrated Maritime Policy of 15 October 2009[2], and as a response to the Council conclusions of 16 November 2009, which called upon the Commission to present the necessary proposals for the financing of integrated maritime policy actions within the existing financial perspective, with a view to entry into force by 2011.
The Integrated Maritime Policy ("IMP") promotes a cross-sectoral approach to maritime governance. It fosters the identification of synergies between all EU policies relating to oceans, seas, costal-regions and maritime sectors – namely the environment, maritime transport, energy, research, industry, fisheries and regional policy.
The Action Plan accompanying the Blue Paper set out a number of actions that the Commission proposed to take as a first step in implementing IMP for the Union. Until the end of 2010, IMP actions have been financed solely on the basis of Articles 49(6)(a) and (b) of the Financial Regulation, and Article 42 of its Implementing Rules, which provide for the funding of pilot schemes and preparatory projects. However, this solution was provisory and further financial support is needed for actions over the remaining period (2011-2013) of the current Financial Perspective.
The proposal aims therefore to provide adequate finances for further developing and implementing the IMP and to set out a stable financial framework for the 2011-2013 period by establishing a financial envelope.
In its resolution of 21 October 2010 on Integrated Maritime Policy (IMP) - Evaluation of progress made and new challenges (2010/2040(INI)), the Parliament supported "the Commission's stated intention to finance the IMP with EUR 50 million over the next two years in order to build upon previous projects in the areas of policy, governance, sustainability and surveillance".
II. Legal bases proposed by the Commission
In the explanatory memorandum to the proposal the Commission states that there is no explicit legal basis in the Treaty on which the Union's IMP can be based. However, the IMP covers many EU sectoral policies with a bearing on the seas and coasts. For that reason the proposed legal basis covers: Articles 43(2), 74 and 77(2), 91(1) and 100(2), 173(3), 175, 188, 192(1), 194(2) and 195(2) TFEU, which read as follows:
"Article 43(2)
2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall establish the common organisation of agricultural markets provided for in Article 40(1) and the other provisions necessary for the pursuit of the objectives of the common agricultural policy and the common fisheries policy."
"Article 74
The Council shall adopt measures to ensure administrative cooperation between the relevant departments of the Member States in the areas covered by this Title, as well as between those departments and the Commission. It shall act on a Commission proposal, subject to Article 76, and after consulting the European Parliament."
"Article 77(2)
2. For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt measures concerning:
(a) the common policy on visas and other short-stay residence permits;
(b) the checks to which persons crossing external borders are subject;
(c) the conditions under which nationals of third countries shall have the freedom to travel within the Union for a short period;
(d) any measure necessary for the gradual establishment of an integrated management system for external borders;
(e) the absence of any controls on persons, whatever their nationality, when crossing internal borders."
"Article 91(1)
1. For the purpose of implementing Article 90, and taking into account the distinctive features of transport, the European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, lay down:
(a) common rules applicable to international transport to or from the territory of a Member State or passing across the territory of one or more Member States;
(b) the conditions under which non-resident carriers may operate transport services within a Member State;
(c) measures to improve transport safety;
(d) any other appropriate provisions."
"Article 100(2)
2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may lay down appropriate provisions for sea and air transport. They shall act after consulting the Economic and Social Committee and the Committee of the Regions."
"Article 173(3)
1. The Union and the Member States shall ensure that the conditions necessary for the competitiveness of the Union’s industry exist.
For that purpose, in accordance with a system of open and competitive markets, their action shall be aimed at:
— speeding up the adjustment of industry to structural changes,
— encouraging an environment favourable to initiative and to the development of undertakings throughout the Union, particularly small and medium-sized undertakings,
— encouraging an environment favourable to cooperation between undertakings,
— fostering better exploitation of the industrial potential of policies of innovation, research and technological development.
2. ....
3. The Union shall contribute to the achievement of the objectives set out in paragraph 1 through the policies and activities it pursues under other provisions of the Treaties. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, may decide on specific measures in support of action taken in the Member States to achieve the objectives set out in paragraph 1, excluding any harmonisation of the laws and regulations of the Member States.
This Title shall not provide a basis for the introduction by the Union of any measure which could lead to a distortion of competition or contains tax provisions or provisions relating to the rights and interests of employed persons."
"Article 175
Member States shall conduct their economic policies and shall coordinate them in such a way as, in addition, to attain the objectives set out in Article 174[3]. The formulation and implementation of the Union’s policies and actions and the implementation of the internal market shall take into account the objectives set out in Article 174 and shall contribute to their achievement. The Union shall also support the achievement of these objectives by the action it takes through the Structural Funds (European Agricultural Guidance and Guarantee Fund, Guidance Section; European Social Fund; European Regional Development Fund), the European Investment Bank and the other existing Financial Instruments.
The Commission shall submit a report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions every three years on the progress made towards achieving economic, social and territorial cohesion and on the manner in which the various means provided for in this Article have contributed to it. This report shall, if necessary, be accompanied by appropriate proposals.
If specific actions prove necessary outside the Funds and without prejudice to the measures decided upon within the framework of the other Union policies, such actions may be adopted by the Council acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions."
"Article 188
The Council, on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall adopt the provisions referred to in Article 187[4].
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall adopt the provisions referred to in Articles 183, 184 and 185[5]. Adoption of the supplementary programmes shall require the agreement of the Member States concerned."
"Article 192(1)
1. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall decide what action is to be taken by the Union in order to achieve the objectives referred to in Article 191[6]."
"Article 194(2)
1. In the context of the establishment and functioning of the internal market and with regard for the need to preserve and improve the environment, Union policy on energy shall aim, in a spirit of solidarity between Member States, to:
(a) ensure the functioning of the energy market;
(b) ensure security of energy supply in the Union;
(c) promote energy efficiency and energy saving and the development of new and renewable forms of energy; and
(d) promote the interconnection of energy networks.
2. Without prejudice to the application of other provisions of the Treaties, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures necessary to achieve the objectives in paragraph 1. Such measures shall be adopted after consultation of the Economic and Social Committee and the Committee of the Regions.
Such measures shall not affect a Member State’s right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article 192(2)(c).
"Article 195(2)
1. The Union shall complement the action of the Member States in the tourism sector, in particular by promoting the competitiveness of Union undertakings in that sector.
To that end, Union action shall be aimed at:
(a) encouraging the creation of a favourable environment for the development of undertakings in this sector;
(b) promoting cooperation between the Member States, particularly by the exchange of good practice.
2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish specific measures to complement actions within the Member States to achieve the objectives referred to in this Article, excluding any harmonisation of the laws and regulations of the Member States."
III. The Court of Justice's approach
The choice of legal basis for a Union measure must rest on objective factors amenable to judicial review, which include in particular the aim and the content of the measure.
In principle, a measure is to be founded on only one legal basis. If examination of the aim and the content of a Union measure reveals that it has a twofold component, falling within the scope of different bases, and if one is identifiable as the main or predominant purpose or component, whereas the other is merely incidental, the measure must be based on a single basis, namely that required by the main or predominant purpose or component.[7]
Only if, exceptionally, it is established that the measure simultaneously pursues a number of objectives or has several components that are indissociably linked, without one being secondary and indirect in relation to the other, will that measure have to be founded on the various corresponding legal bases[8].
IV. Analysis of the legal bases proposed
Recital 1 of the proposal recalls that the primary objective of the IMP is "(...) to develop and implement integrated, coherent and joined-up decisions-making in relation to the oceans, seas, coastal regions and maritime sectors".
In order to pursue this objective a continued Union financial underpinning is needed. The proposal aims at ensuring an adequate financial base for measures which is intended further to promote the development and implementation of the IMP.
Articles 2 and 3 of the proposal set out general and specific objectives on which the programme to support measures intended to further promote the development and implementation of IMP has to focus.
Articles 4 and 5 of the proposal lay down rules on the actions eligible to receive financial assistance and types of financial intervention. Article 6 lists the beneficiaries of the financial support. Further provisions of the proposal concern, inter alia, the implementing procedures, the budgetary resources and the monitoring and evaluation of actions financed under this Programme.
The proposed legal bases are numerous. In order to decide whether such a combination of multiple legal bases is justified it has to be established that, exceptionally, the proposed measure simultaneously pursues a number of objectives or has several components that are indissociably linked, without one being secondary and indirect in relation to the other. There should also be no conflict between legislative procedures required for the adoption of the measure on the basis of each individual provision of the Treaty which forms part of the multiple legal bases.
Article 43(2) TFEU comes under Title III "Agriculture and Fisheries". It allows measures to be taken under the ordinary legislative procedure to enact Union policy on the common agricultural and fisheries policies (Articles 38 - 40 TFEU). Article 2(b) and (c) and Article 3(2) of the proposal state that among general objectives is the promotion of sustainable use of the marine and coastal resources. It thus seems that measures pursuant to this objective could have as the appropriate legal basis Article 43(2) TFEU.
Articles 74 and 77(2) TFEU concern the area of Freedom, Security and Justice. Article 74 TFUE enables the Council to adopt measures in order to ensure administrative cooperation between Member States in fields covered by the relevant title of the Treaty. Such measures are adopted under the consultation procedure. Article 77(2) mandates, via the ordinary legislative procedure, the adoption of measures concerning the common policy on visas, border checks and asylum. In this context it should be observed that: (i) there are no activities foreseen by the Integrated Maritime Policy under those specific articles; (ii) the opt-out possibilities that certain Member States have in the area of freedom, security and justice could complicate the implementation of the Programme and it would seem legally (and indeed logically) impossible to combine legal bases requiring the participation of all Member States with others allowing certain Member States to opt in/out; (iii) Article 74 TFUE implies a specific legislative procedure, which is incompatible with procedure laid down for the other legal basis[9]. In conclusion neither Article 74 nor Article 77(2) TFEU afford an appropriate legal basis in the present case.
Articles 91(1) and 100(2) TFEU come under the Title VI concerning the common transport policy. Article 91 enables the legislator to lay down rules applicable to international transport to or from the territory of a Member State or passing across the territory of one or more Member States, as well as any appropriate provisions on transport security. Article 100(2) refers in particular to "appropriate provisions for sea and air transport". Although Articles 2 and 3 of the proposal do not refer to sea transport as such and no specific reference is made to sea transport anywhere in the proposal, the issue falls within integrated maritime governance and could be concerned by the cross-cutting tools in the maritime area. Both are covered by the objectives of the proposal.
Article 173(3) TFEU focuses on measures concerning the competitiveness of the Union´s industry. It provides for specific measures aimed at, inter alia, speeding up the adjustment of industry to structural changes, encouraging an environment favourable to initiative and to the development of undertakings throughout the Union, particularly SMEs, and encouraging an environment favourable to cooperation between undertakings. It should be noted that the aim of the proposal corresponds with that provision, in particular through the objective of a support for joined-up policy-making and promotion of sustainable economic growth, innovation and employment in maritime sectors. This should therefore be regarded as one of the main purposes of the proposal.
Article 175 TFEU comes under Title XVIII on "Economic, Social and Territorial Cohesion". It permits measures to be taken under the ordinary legislative procedure, on the condition that specific actions should prove necessary outside the already established Structural Funds. These actions should aim at reducing disparities between the levels of development of the various regions of the Member States.
The proposal stresses the need to promote innovation and employment in maritime sectors and coastal regions (Article 2(c)), to facilitate the exchange of best practices and to set-up cooperation platforms and networks (Article 3(1)(d)), which will eventually lead to the reduction of disparities between the levels of development in the maritime area. Also, an amendment tabled in the Committee (amendment 14) establishes the primary objective of the proposal in the following terms "[to] maximise the sustainable development, economic growth and social cohesion of EU coastal insular and outermost regions through coherent and coordinated maritime-related policies and relevant international cooperation".
Article 192(1) TFEU permits measures to be taken under the ordinary legislative procedure to enact Union policy under Article 191 concerning the preservation, protection and improvement of the quality of the environment and the prudent and rational utilisation of natural resources. The proposal makes a number of references to the promotion of the sustainable use of the marine and coastal resources and the definition of the boundaries of sustainability of human activities that have an impact on the marine environment (Article 2(c) and (d). It further refers to maritime spatial planning and integrated coastal zone management, which provide a tool for eco-system based management and sustainable development of marine areas and coastal regions.
Article 194(2) TFEU provides for measures to be adopted, via the ordinary legislative procedure, in the area of Union policy on energy. Article 194(1) refers to efficiency and energy savings, the development of new and renewable forms of energy and the interconnection of energy networks. Amendments tabled in the Committee added "energy" to the list of general objectives of the proposal. In addition, Article 2 stresses the need for a sustainable use of marine and coastal resources.
Finally, Article 195(2) TFEU concerns Union action aimed at complementing the action of the Member States in the tourism sector through the creation of a favourable environment for the development of undertakings in this sector and promoting cooperation between Member States, particularly by means of the exchange of good practice. It should be noted that objectives of the programme will contribute to the realisation of the Union's action in this area.
At its meeting of 24 May 2011 the Committee on Legal Affairs accordingly decided, unanimously[10], to recommend that the Commission proposal to establish a programme to support the further development of an Integrated Maritime Policy should be based on Articles 43(2), 91(1) and 100(2), 173(3), 175, 188, 192(1), 194(2) and 195(2) TFEU and that Articles 74 and 77(2) are not the correct legal bases in this case.
Yours sincerely,
Klaus-Heiner Lehne
- [1] COM (2007) 575.
- [2] COM (2009) 540.
- [3] Article 174
In order to promote its overall harmonious development, the Union shall develop and pursue its actions leading to the strengthening of its economic, social and territorial cohesion.
In particular, the Union shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions.
Among the regions concerned, particular attention shall be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island, cross- border and mountain regions. - [4] Article 187
The Union may set up joint undertakings or any other structure necessary for the efficient execution of Union research, technological development and demonstration programmes. - [5] Article 183
For the implementation of the multiannual framework programme the Union shall:
— determine the rules for the participation of undertakings, research centres and universities,
— lay down the rules governing the dissemination of research results.
Article 184
In implementing the multiannual framework programme, supplementary programmes may be decided on involving the participation of certain Member States only, which shall finance them subject to possible Union participation.
The Union shall adopt the rules applicable to supplementary programmes, particularly as regards the dissemination of knowledge and access by other Member States.
Article 185
In implementing the multiannual framework programme, the Union may make provision, in agreement with the Member States concerned, for participation in research and development programmes undertaken by several Member States, including participation in the structures created for the execution of those programmes. - [6] Article 191
1. Union policy on the environment shall contribute to pursuit of the following objectives:
— preserving, protecting and improving the quality of the environment,
— protecting human health,
— prudent and rational utilisation of natural resources,
— promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.
2. Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.
In this context, harmonisation measures answering environmental protection requirements shall include, where appropriate, a safeguard clause allowing Member States to take provisional measures, for non-economic environmental reasons, subject to a procedure of inspection by the Union.
3. In preparing its policy on the environment, the Union shall take account of:
— available scientific and technical data,
— environmental conditions in the various regions of the Union,
— the potential benefits and costs of action or lack of action,
— the economic and social development of the Union as a whole and the balanced development of its regions.
4. Within their respective spheres of competence, the Union and the Member States shall cooperate with third countries and with the competent international organisations. The arrangements for Union cooperation may be the subject of agreements between the Union and the third parties concerned.
The previous subparagraph shall be without prejudice to Member States’ competence to negotiate in international bodies and to conclude international agreements. - [7] Case C-91/05 Commission v. Council [2008] ECR I- 3651.
- [8] Case C-338/01 Commission v. Council [2004] ECR I- 4829.
- [9] Case C-178/03 Commission v. Parliament and Council [2006] ECR I-107.
- [10] The following were present for the final vote: Klaus-Heiner Lehne (Chair), Luigi Berlinguer (Vice-Chair), Raffaele Baldassarre (Vice-Chair), Evelyn Regner (Vice-Chair), Sebastian Valentin Bodu (Vice-Chair), Lidia Joanna Geringer de Oedenberg (rapporteur), Piotr Borys, Françoise Castex, Christian Engström, Kurt Lechner, Eva Lichtenberger, Antonio Masip Hidalgo, Jiří Maštálka, Alajos Mészáros, Bernhard Rapkay, Francesco Enrico Speroni, Dimitar Stoyanov, József Szájer, Alexandra Thein, Diana Wallis, Rainer Wieland, Cecilia Wikström, Zbigniew Ziobro, Tadeusz Zwiefka and Pablo Arias Echeverría pursuant to Rule 187(2).
OPINION of the Committee on Fisheries(*) (06.04.2011)
for the Committee on Transport and Tourism
Proposal for a regulation of the European Parliament and of the Council establishing a Programme to support the further development of an Integrated Maritime Policy
(COM(2010)0494 – C7‑0292/2010 – 2010/0257(COD))
Rapporteur for opinion: (*): Maria do Céu Patrão Neves
(*) Associated committee - Rule 50 of the Rules of Procedure
SHORT JUSTIFICATION
1. Origins of the IMP
The presentation of the Green Paper for an Integrated Maritime Policy (IMP), on 7 June 2006, marked the institutional inauguration of a holistic vision of the oceans, going hand in hand with an integrated approach to maritime activities, the fundamental objective being to maximise the sustainable exploitation of the oceans without jeopardising either the growth of the maritime economy and the coastal regions or the preservation of marine ecosystems.
Since then, the IMP has proved its worth as a new and promising approach to Europe's seas and coastal areas, centred on the optimal and sustainable development of all forms of maritime activity in the Union.
2. Multivalence of the oceans
The relevance of the IMP is a corollary of the necessary recognition of the multivalence of the oceans. This calls for a policy which, in a proportionate fashion, offers an integrated and organised response to the various characteristics of the maritime milieu.
This plurality of characteristics of the oceans is a decisive factor in such areas as the competitiveness of the Union, sustainable development, safety at sea and on land for Europe, and energy and food supplies - these being among the objectives of the EU 2020 strategy. Other aspects have come into prominence more recently, such as the creation of offshore wind parks, investment in technology related to wave energy, offshore aquaculture, and numerous other manifestations of 'blue technology'. This latter phenomenon, together with other more traditional aspects of ocean use, such as transport (every year sees over 350 million passengers e 3.5 million tonnes of goods pass through Europe's seaports) and fisheries (the Union's fisheries sector is the world's third biggest, harvesting some 6.9 million tonnes of fish annually), make it clear that the IMP must be a basic and indispensable priority in the Union's dynamic of growth.
In addition to the above, the oceans are also an important factor of socio-cultural development, impacting directly or indirectly on many of Europe's citizens: more than half the European population lives within a 50-km radius of the coast.
3. The IMP - action plan
Following the presentation of the Green Paper for an Integrated Maritime Policy in 2006, the Commission proceeded with the publication of the communication 'An Integrated Maritime Policy for the European Union' (SEC(2007)1278) on 10 October 2007. This proposes a set of sectoral actions in all main areas of intervention related to the sea, including transport, fisheries, the environment, energy, industry, employment, research, external relations, etc, and stresses the need to promote synergies by means of an integrated approach to the different sectoral policies.
The Community institutions, the Member States and the regions then embarked on a process of creating structures of governance with a view to ensuring that maritime policy should cease to be considered in isolated fashion and is developed on the basis of a dynamic interrelation with other areas of political intervention, in the context of a 'bottom-up' strategy. At the same time, trans-sectoral instruments such as maritime spatial planning, integrated monitoring and the study of the marine environment have been promoted and implemented, and it is hoped that these will contribute to a substantial improvement in the management of seas and coasts.
4. The fisheries sector as integral to the IMP
Fisheries and aquaculture have their specific requirements and characteristics in terms of use of the marine environment and preservation of the conditions for the recovery and growth of fish stocks. This necessitates research programmes and a series of other measures which should be integrated into the IMP framework.
Since the EU is a world power in fisheries and is the biggest market in processed products using fish as raw material, it needs to ensure the sustainability and profitability of fishing, which is, after all, the oldest of humanity's maritime activities.
As a product of high nutritional value, fish is, today as always, a fundamental component of the European diet.
Despite the overfishing of certain stocks, which needs to be reversed, the fisheries sector remains of vital importance in the context of maritime activity, and it is hoped that with the reform of the CFP it will become more sustainable and profitable in economic terms.
5. Rapporteur's considerations
The rapporteur considers that the IMP should be a strategic priority for Europe, endorsing, in this connection, the range of initiatives proposed in the Commission's strategy as embodied in the action plan accompanying the communication 'An Integrated Maritime Policy for the European Union'.
This action plan provides for pilot projects and preparatory actions related to the IMP, but for which financing is available only up to 2010. In this connection, the rapporteur welcomes the proposal for a regulation, which will ensure the necessary legal basis for financing activities related to the implementation of the IMP, from January 2011 to 31 December 2013. In this way and pending the application of the future Community framework, it will be possible to ensure the necessary financial support for the continuation of the work already begun and for other projects which may emerge as essential for the realisation of the guidelines set out in the progress report of 15 October 2009.
The rapporteur considers that the proposed sum of EUR 50 million, while on the low side, represents a reasonable basis for funding the actions referred to in Article 4 of the proposal, but nonetheless wishes to raise the question of where this money is going to come from. The amendment tabled to Article 8 is intended to clarify the sources of the proposed funding and avoid any committing of sums already allocated to the fisheries sector.
The rapporteur further proposes in the draft text the use of delegated acts, since these are required for adopting the annual work programmes as they may specify, vis‑à‑vis what is stated in the Regulation itself, the choice of priorities, the objectives, the expected results and the financial allocations in broad terms. These programmes would express a secondary political orientation, which cannot be established via implementing acts.
AMENDMENTS
The Committee on Fisheries calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:
Amendment 1 Proposal for a regulation Citation 1 | |
Text proposed by the Commission |
Amendment |
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), Article 74 and 77(2), Article 91(1) and 100(2), Article 173(3), Article 175 Article 188, Article 192(1), Article 194(2) and Article 195(2) thereof, |
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), Article 91(1) and 100(2), Article 173(3), Article 175 Article 188, Article 192(1), Article 194(2) and Article 195(2) thereof, |
Amendment 2 Proposal for a regulation Recital 1 | |
Text proposed by the Commission |
Amendment |
(1) The Commission Communication on an Integrated Maritime Policy for the European Union - COM(2007) 575 of 10 October 2007, states that the primary objective of the Integrated Maritime Policy is to develop and implement integrated, coherent and joined-up decision-making in relation to the oceans, seas, coastal regions and maritime sectors. |
(1) The Commission Communication on an Integrated Maritime Policy for the European Union - COM(2007) 575 of 10 October 2007, states that the primary objective of the Integrated Maritime Policy is to develop and implement coordinated and coherent decision-making in relation to the oceans, seas, insular and coastal regions and maritime sectors. |
Amendment 3 Proposal for a regulation Recital 5a (new) | |
Text proposed by the Commission |
Amendment |
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(5a) In its resolution of 21 October 2010 on Integrated Maritime Policy (IMP) – Evaluation of progress made and new challenges1, the European Parliament expressly "supports the Commission's stated intention to finance the IMP with EUR 50 million over the next two years in order to build upon previous projects in the areas of policy, governance, sustainability and surveillance". |
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Amendment 4 Proposal for a regulation Recital 6 | |
Text proposed by the Commission |
Amendment |
(6) Union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the Integrated Maritime Policy, including the integrated maritime governance at all levels, the further development and implementation of integrated sea-basin strategies tailored to the specific needs of Europe's different sea basins, the definition of the boundaries of sustainability of human activities in the framework of the Marine Strategy Framework Directive, which constitutes the environmental pillar of the Integrated Maritime Policy, paying due attention to their cumulative impacts, on the basis of the ecosystem approach, the further involvement of stakeholders in integrated maritime governance schemes, the further development of cross-cutting tools for integrated policy-making, the promotion of the international dimension of the Integrated Maritime Policy, and sustainable economic growth, employment, innovation and competitiveness. |
(6) Union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the Integrated Maritime Policy, including the integrated maritime governance at all levels, the further development and implementation of integrated sea-basin strategies tailored to the specific needs of Europe's different sea basins, the further development of cross-cutting tools for integrated policy-making, the protection and sustainable use of marine and coastal resources and the definition of the boundaries of sustainability of human activities in the framework of the Marine Strategy Framework Directive, and the Water Directive Framework which constitute the environmental pillar of the Integrated Maritime Policy, paying due attention to their cumulative impacts, on the basis of the ecosystem approach, the further involvement of stakeholders particularly of the fishing industry, in integrated maritime governance schemes, the further development of cross-cutting tools for integrated policy-making, the development of standards for the fair distribution of maritime exploitation rights, the promotion of the international dimension of the Integrated Maritime Policy, and sustainable economic growth, employment, innovation and competitiveness in the coastal, insular and outermost regions of Europe. |
Amendment 5 Proposal for a regulation Recital 7 a (new) | |
Text proposed by the Commission |
Amendment |
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(7a) It is important for the programme to tie in with other EU policies that may encompass a maritime dimension, in particular the Structural Funds, the trans-European transport networks, the Common Fisheries Policy, tourism, action in relation to the environment and climate change, the Framework Programme for Research and Development and energy policy. |
Amendment 6 Proposal for a regulation Recital 7 b (new) | |
Text proposed by the Commission |
Amendment |
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(7b) The programme should encourage economic dynamism and competitiveness of coastal regions and islands, particularly in the field of fisheries and aquaculture. |
Amendment 7 Proposal for a regulation Recital 8 | |
Text proposed by the Commission |
Amendment |
(8) Implementation of the Programme in third countries should contribute to the development objectives of the beneficiary country and be consistent with other cooperation instruments of the EU, including objectives and priorities of the relevant EU policies. |
(8) Implementation of the Programme in third countries should contribute to the development objectives of the beneficiary country and be consistent with other cooperation instruments of the EU, including objectives and priorities of the relevant EU policies, and should also complement other EU cooperation instruments such as the existing fisheries partnership agreements and the development programmes, and be consonant with them. The Programme should support international maritime governance based on the rule of law through the promotion of global accession to the United Nations Convention on the Law of the Sea (UNCLOS) in conformity with the Union’s commitment to that convention. |
Amendment 8 Proposal for a regulation Recital 9 | |
Text proposed by the Commission |
Amendment |
(9) The Programme should complement existing and future financial instruments made available by the Member States, at national and sub-national level, for promoting the protection and sustainable use of the oceans, seas and coasts. |
(9) The Programme should complement existing and future financial instruments made available by the Member States, at national and sub-national level, for promoting the protection and sustainable use of the oceans, seas and coasts and encourage the sustainable development and economic growth of the coastal, insular and outermost regions of Europe, particularly those areas heavily dependent on maritime activities. |
Amendment 9 Proposal for a regulation Recital 9 a (new) | |
Text proposed by the Commission |
Amendment |
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(9a) When implementing the Programme care should be taken to ensure that structures are not needlessly duplicated but existing sectoral initiatives are incorporated instead. |
Amendment 10 Proposal for a regulation Recital 12a (new) | |
Text proposed by the Commission |
Amendment |
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(12a) In order to take account of unforeseen developments and to provide for a detailed but flexible framework for implementation, the Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU. In particular, delegated acts may be necessary in order to update the operational objectives and to adopt the work programmes established pursuant to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council. |
Amendment 11 Proposal for a regulation Article 1 - paragraph 1 | |
Text proposed by the Commission |
Amendment |
This Regulation establishes a Programme to support measures intended to further promoting the development and implementation of the Integrated Maritime Policy (hereinafter referred to as "the Programme"). |
This Regulation establishes a Programme to support measures intended to further promoting the development and implementation of the Integrated Maritime Policy (hereinafter referred to as "the Programme"), whose main objective is to achieve the maximisation of the sustainable exploitation of the seas and oceans not jeopardising the growth of the sustainable maritime economy, coastal regions and protection of the marine ecosystem including the outermost regions, and insuring social cohesion and expansion of scientific knowledge. |
Amendment 12 Proposal for a regulation Article 2 - point a | |
Text proposed by the Commission |
Amendment |
a) to foster the development and implementation of integrated governance of maritime and coastal affairs and integrated sea basin strategies; |
a) to foster the sustainable development and implementation of integrated governance of the IMP; |
Amendment 13 Proposal for a regulation Article 2 - point b | |
Text proposed by the Commission |
Amendment |
b) to contribute to the development of tools that cut across sea or coast-related sectoral policies; |
b) to contribute to the creation/development and implementation of tools that cut across sea or coast-related sectoral policies and are of significance for sustainable growth, innovation and employment , environmental monitoring, maritime safety and food and energy supplies, respecting the sea-land links; particularly for the more vulnerable partners in this area; |
Amendment 14 Proposal for a regulation Article 2- point ba (new) | |
Text proposed by the Commission |
Amendment |
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ba) to develop regionalised management approaches in line with the characteristics of the maritime areas concerned; |
Amendment 15 Proposal for a regulation Article 2 – point c | |
Text proposed by the Commission |
Amendment |
(c) to support joined up policy-making and to promote the sustainable use of the marine and coastal resources and sustainable economic growth, innovation and employment in maritime sectors and coastal regions, in coherence with sectoral policy priorities and actions; |
(c) to support joined up policy-making and to promote the conservation and the sustainable use of the marine and coastal resources and sustainable economic growth, innovation and employment in maritime sectors and coastal regions, particularly in areas heavily dependent on maritime activities, in coherence with sectoral policy priorities and actions; |
Amendment 16 Proposal for a regulation Article 2 – point d | |
Text proposed by the Commission |
Amendment |
d) to further define the boundaries of sustainability of human activities that have an impact on the marine environment, in the framework of the Marine Strategy Framework Directive; |
(d) to further define the boundaries of sustainability of human activities that have an impact on the marine environment and marine pollution, in the framework of the Water Framework Directive and the Marine Strategy Framework Directive; |
Amendment 17 Proposal for a regulation Article 2 – point e | |
Text proposed by the Commission |
Amendment |
(e) to improve and enhance external cooperation and coordination in relation to the objectives of the Integrated Maritime Policy. |
(e) to improve and enhance external cooperation and coordination in relation to the objectives of the Integrated Maritime Policy, on the basis of data collection sharing information on best practice and advancing debate within international forums. In this respect ratifying and implementing the United Nations Convention on the Law of the Sea (UNCLOS) and relevant international conventions is essential. |
Amendment 18 Proposal for a regulation Article 2 – point e a (new) | |
Text proposed by the Commission |
Amendment |
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(ea) to support, at all levels, transparency and good governance in all aspects of the Integrated Maritime Policy and the associated sectoral policies and to guarantee comprehensive information and transparency of the decision-making processes. |
Amendment 19 Proposal for a regulation Article 2 – point e b (new) | |
Text proposed by the Commission |
Amendment |
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(eb) to contribute to the application of the ecosystem and precautionary approaches in all marine and maritime sectoral policies. |
Amendment 20 Proposal for a regulation Article 3 paragraph 1 | |
Text proposed by the Commission |
Amendment |
1. Within the objectives set out in Article 2(a) (b) (c) (d) the Programme shall aim to: |
Within the objectives set out in Article 2(a) (b) (c) (d) the Programme should: |
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1) concerning the integrated governance of maritime policy: |
a) encourage Member States or regions to develop or introduce integrated maritime governance; |
a) encourage Member States and regions to develop, introduce and implement integrated maritime governance creating fair framework conditions for those involved and securing the best possible balance of their interests; |
b) stimulate and reinforce dialogue and cooperation with and among stakeholders on cross-cutting issues related to Integrated Maritime Policy; |
b) stimulate and reinforce dialogue and cooperation with and among stakeholders at all levels of governance, as well as with civil society and representatives of professions related to the sea on cross-cutting issues related to Integrated Maritime Policy, whilst guaranteeing full transparency; |
c) facilitate the exploitation of synergies, sharing of information and exchange of best practices on maritime policy, including its governance and sectoral policies that have an impact on regional seas and coastal regions or |
c) facilitate the exploitation of synergies, sharing of information and exchange of best practices on maritime policy, including its governance and sectoral policies that have an impact on regional seas and coastal regions, and in particular areas heavily dependent on maritime activities or; |
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(d) encourage coordination and efforts to identify synergies between maritime policy and other EU policies; |
d) promote the establishing cross-sectoral cooperation platforms and networks, including interests from industry, research stakeholders, regions, public authorities and NGOs; |
e) promote the establishing cross-sectoral cooperation platforms and networks, including representatives of industries related to maritime activities, research stakeholders, regions, public authorities, civil society representatives and NGOs, whilst advancing responsible practices to all activities relating to the IMP in order to guarantee the protection from, and containment of, the adverse impact of human activities on the marine environment, conservation of ecosystems and the sustainable development of marine and coastal areas; |
e) facilitate the development of common methods and approaches; |
f) facilitate the development of common methods and approaches, so as to ensure that the natural resources and the areas at sea are exploited fairly; |
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g) promote measures to raise awareness and consciousness of the multifaceted importance of the oceans; |
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h) develop standards that result in ensuring that all user interests are treated fairly in terms of society as a whole. |
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i) encourage research for the purpose of assessing the current state of threatened ecosystems, thereby providing a basis for planning at regional and national level; |
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j) promote renewable marine energy sources. |
Amendment 21 Proposal for a regulation Article 3 - paragraph 2 - introductory part | |
Text proposed by the Commission |
Amendment |
2. Within the objective set out in Article 2(b), the Programme shall aim to foster the development of: |
2) concerning the establishment of synergies for multidisciplinary action and the creation of multisectoral policies: |
Amendment 22 Proposal for a regulation Article 3 - paragraph 2 - point a | |
Text proposed by the Commission |
Amendment |
a) a common information sharing environment for the EU maritime domain which promotes cross-sectoral and cross-border surveillance activities and reinforces the safe and secure use of marine space, taking into account the relevant developments of sectoral policies as regards surveillance and contributing, as appropriate, to their necessary evolutions; |
a) guarantee a common information sharing environment for the EU maritime domain which promotes cross-sectoral and cross-border surveillance activities and reinforce the safe and secure use of marine space, taking into account the relevant developments of sectoral policies as regards surveillance and contributing, as appropriate, to their necessary evolutions including through the creation of a European coastguard service; |
Amendment 23 Proposal for a regulation Article 3 - paragraph 2)- point b | |
Text proposed by the Commission |
Amendment |
b) maritime spatial planning and integrated coastal zone management, both of which provide a fundamental tool for eco-system based management and sustainable development of marine areas and coastal regions; |
b) implement maritime spatial planning and integrated coastal zone management, as well as the development of land-sea links, which provide fundamental tools for eco-system based management and sustainable development of marine areas and coastal regions and islands, with a particular emphasis on those areas that are most vulnerable to climate change, to implement biodiversity conservation measures; |
Amendment 24 Proposal for a regulation Article 3- paragraph 2- point c) | |
Text proposed by the Commission |
Amendment |
c) a comprehensive and publicly accessible marine data and knowledge base of high quality which facilitates sharing, re-use and dissemination of these data among various user groups and ensures visualisation of maritime information through web-based tools; |
c) create/develop a comprehensive and publicly accessible marine data and knowledge base of high quality on maritime economy which facilitates sharing, re-use and dissemination of these data among various user groups, avoiding duplication of information and, wherever possible, using programmes already developed for the purpose, such as (1) INSPIRE - Infrastructure for Spatial Information in the European Community and (2) GMES - Global Monitoring for Environmental and Security Initiative; |
Amendment 25 Proposal for a regulation Article 3 – paragraph 2 – point c a (new) | |
Text proposed by the Commission |
Amendment |
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(ca) exchange of data on marine research. |
Amendment 26 Proposal for a regulation Article 3 - paragraph 3 - introductory part | |
Text proposed by the Commission |
Amendment |
3. Within the objective set out in Article 2(e) and complementing the sectoral policies, the Programme shall aim to improve and enhance cooperation for integrated cross-sectoral actions with: |
3) concerning the implementation of the framework directive on marine strategy: |
Amendment 27 Proposal for a regulation Article 3 - paragraph 3- point a | |
Text proposed by the Commission |
Amendment |
a) third countries including those bordering a European sea basin, |
a) define the limits of sustainable action for human activity impacting on the marine environment; |
Amendment 28 Proposal for a regulation Article 3- paragraph 3- point b | |
Text proposed by the Commission |
Amendment |
b) actors in third countries, |
b) integrate and coordinate actions promoting the use of less polluting technologies. |
Amendment 29 Proposal for a regulation Article 3 – paragraph 3 a (new) | |
Text proposed by the Commission |
Amendment |
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3a. With regard to the external dimension of the IMP, the Programme shall promote the signing, ratification and implementation of international agreements. |
Amendment 30 Proposal for a regulation Article 3 - paragraph 4 | |
Text proposed by the Commission |
Amendment |
4. The specific objectives set out in paragraph 3 shall be pursued in accordance with the specific objectives set out in paragraphs 1 and 2 and in coherence with the cooperation instruments of the EU, taking into account the objectives of the national and regional development strategies. |
4. concerning the mapping of the European Maritime Area and the management of maritime basins: |
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a) promote the creation of an atlas of the European Maritime Area, defining the maritime activities realised in the various European maritime regions and indicating potential conflicts of interest in the use of those areas; |
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b) support the development of maritime management strategies based on a regionalised approach to the oceans, i.e. one in line with the particularities and characteristics of the different maritime basins; |
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c) create synergies between local authorities, national authorities and the EU in order to ensure the optimal management of the Union's different maritime and coastal areas while averting conflicts of interest. |
Amendment 31 Proposal for a regulation Article 3 – paragraph 4 a (new) | |
Text proposed by the Commission |
Amendment |
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4a.With regard to growth, employment and innovation, the Programme shall: |
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(a) promote technological development and the application of knowledge in the interests of more environmentally sustainable practices in the context of activities impacting on the marine environment; |
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(b) guarantee the creation of more and better jobs in the field of maritime activities, as well as higher incomes and improved social conditions (health, safety, etc.) for those working in maritime activities such as fisheries; |
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(c) support the creation and development of new forms of economic activity related to the sea; |
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(d) promote professional qualifications in maritime activities, including fisheries, by extending the range of maritime studies and by upgrading skills and qualifications. |
Amendment 32 Proposal for a regulation Article 3 - paragraph 4 b (new) | |
Text proposed by the Commission |
Amendment |
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4b) concerning the promotion of the external dimension of the IMP: |
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a) include the horizontal objectives of the IMP in the bilateral or multilateral agreements concluded by the Union; |
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b) develop strategies and actions for cooperation with third countries, NGOs, or other international organisations with a view to the protection/recuperation of marine ecosystems; |
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c) international partners and organisations, particularly in relation to international ecosystem restoration commitments and other pertinent agreements including international agreements designed to protect particularly sensitive maritime areas, as well as other protective measures relating to the management of maritime activities, ensure reciprocal compliance by signatory third countries situated along the coast with the obligations and standards of protection adopted within the European Union. |
Amendment 33 Proposal for a regulation Article 3 – paragraph 4 c (new) | |
Text proposed by the Commission |
Amendment |
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4c. With regard to the promotion of the external dimension of the IMP, the Programme shall: |
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(a) include the horizontal objectives of the IMP in the bilateral or multilateral agreements concluded by the Union; |
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(b) develop strategies and actions for cooperation with third countries or other international organisations with a view to the protection and restoration of marine ecosystems, including the promotion of data collection and data sharing programmes. |
Amendment 34 Proposal for a regulation Article 4 - point a | |
Text proposed by the Commission |
Amendment |
a) studies and cooperative programmes; |
a) projects, including pilot projects, studies, including studies on the identification of legislative weaknesses with regards to flags of convenience and illegal, unregulated and unreported fishing, and cooperative programmes, macro-regional strategies, as well as actions relating to across-the-board instruments; |
Amendment 35 Proposal for a regulation Article 4 - point b | |
Text proposed by the Commission |
Amendment |
(b) public information and best practice sharing, awareness raising and associated communication and dissemination activities, including publicity campaigns, and events and the development and maintenance of websites; |
(b) public information and best practice sharing, awareness raising and associated communication and dissemination activities, including publicity campaigns, and events and the development and maintenance of websites and relevant social networks and databases; |
Amendment 36 Proposal for a regulation Article 4 – point b a (new) | |
Text proposed by the Commission |
Amendment |
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(ba) exchanges of good practice on maritime surveillance, including the creation of a European coastguard service; |
Amendment 37 Proposal for a regulation Article 4 – point d | |
Text proposed by the Commission |
Amendment |
(d) pooling, monitoring, visualisation of and ensuring public access to a significant amount of data, best practices and of database on Union funded regional projects, including where appropriate through a secretariat established for one or a number of these purposes; |
(d) pooling, monitoring, visualisation of and ensuring public access to a significant amount of data, best practices and of database on Union funded regional projects, including where appropriate through a secretariat established for one or a number of these purposes, giving priority to those projects concerning data collection and processing in accordance with common uniform standards; |
Amendment 38 Proposal for a regulation Article 6 – paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. The Programme may benefit third countries, stakeholders in third countries, and international organisations or bodies which pursue one or more of the general and specific objectives set out in Article 2 and 3. |
2. The Programme may benefit third countries, stakeholders in third countries, international organisations, NGOs, or other bodies which pursue one or more of the general and specific objectives set out in Article 2 and 3. |
Amendment 39 Proposal for a regulation Article 6 – paragraph 3 a (new) | |
Text proposed by the Commission |
Amendment |
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3a. The Programme shall lead to benefits for local coastal and insular communities. |
Amendment 40 Proposal for a regulation Article 7 – paragraph 1 | |
Text proposed by the Commission |
Amendment |
1. The Commission shall implement the Programme in accordance the Financial Regulation. |
1. The Programme shall be implemented in accordance with the Financial Regulation. |
Amendment 41 Proposal for a regulation Article 7 - paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. To implement the Programme, the Commission shall, in accordance with objectives set out in Articles 2 and 3, adopt annual work programmes in accordance with the procedure referred to in Article 13(2). |
2. As a framework for the implementation of the Programme, the Commission shall, in accordance with objectives set out in Articles 2 and 3, adopt one or several work programmes for appropriate periods by means of delegated acts in accordance with Article 13 and subject to the conditions of Articles 13a and 13b. |
Amendment 42 Proposal for a regulation Article 7 paragraph 3- point a | |
Text proposed by the Commission |
Amendment |
(a) the priorities of the year, the objectives to be fulfilled and the foreseen results with the appropriations authorised for the financial year; |
(a) the priorities of the period, the objectives to be fulfilled and the foreseen results with the appropriations authorised for every financial year; |
Amendment 43 Proposal for a regulation Article 7 – paragraph 3 – point g a (new) | |
Text proposed by the Commission |
Amendment |
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(ga) possible synergies with other EU financing instruments. |
Amendment 44 Proposal for a regulation Article 7 paragraph 4) - introductory part | |
Text proposed by the Commission |
Amendment |
4. In respect of public procurement contracts, the annual programme shall set out in detail: |
4. In respect of public procurement contracts, the work programmes shall set out in detail: |
Amendment 45 Proposal for a regulation Article 7 – paragraph 4 – point e a (new) | |
Text proposed by the Commission |
Amendment |
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(ea) possible synergies with other EU financing instruments. |
Amendment 46 Proposal for a regulation Article 8 paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. The budgetary resources allocated to the Programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework. |
2. The budgetary resources allocated to the Programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework, specifically on the basis of the designated 'margin' referred to in heading 2 (Preservation and management of natural resources). |
Amendment 47 Proposal for a regulation Article 12 – title | |
Text proposed by the Commission |
Amendment |
Evaluation |
Reporting and evaluation |
Amendment 48 Proposal for a regulation Article 12 - paragraph 1 | |
Text proposed by the Commission |
Amendment |
The Commission shall submit to the European Parliament and the Council an ex-post evaluation report no later than 31 December 2014. |
The European Parliament and the Council shall be regularly and promptly informed about the Commission's work. |
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The Commission shall submit to the European Parliament and the Council: |
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(a) a progress report no later than 31 December 2012; |
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(b) an ex-post evaluation report no later than 31 December 2014. |
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(c) The Commission shall submit if appropriate, a proposal for a regulation for the extension of the Programme beyond 2013. |
Amendment 49 Proposal for a regulation Article 13 – title | |
Text proposed by the Commission |
Amendment |
Advisory Committee |
Exercise of the delegation |
Amendment 50 Proposal for a regulation Article 13 - paragraph 1 | |
Text proposed by the Commission |
Amendment |
1. The Commission shall be assisted by an Advisory Committee in establishing the annual work programmes foreseen in Article 7(2). |
1. The power to adopt delegated acts referred to in Article 7 shall be conferred on the Commission for the period referred to in Article 8(1). |
Amendment 51 Proposal for a regulation Article 13 - paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. Where reference is made to this paragraph, Article 3 and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. |
2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. |
Amendment 52 Proposal for a regulation Article 13 - paragraph 2a (new) | |
Text proposed by the Commission |
Amendment |
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2a. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 13a and 13b. |
Amendment 53 Proposal for a regulation Article 13a (new) | |
Text proposed by the Commission |
Amendment |
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Article 13a |
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Revocation of the delegation |
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1. The delegation of power referred to in Article 7(2) may be revoked at any time by the European Parliament or by the Council. |
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2. The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation. |
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3. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union. |
Amendment 54 Proposal for a regulation Article 13b (new) | |
Text proposed by the Commission |
Amendment |
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Article 13b |
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Objections to delegated acts |
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1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council that period shall be extended by two months. |
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2. If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. |
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3. If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. In accordance with Article 296 of the Treaty on the Functioning of the European Union, the institution which objects shall state the reasons for objecting to the delegated act. |
PROCEDURE
Title |
Programme to support the further development of an integrated maritime policy |
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References |
COM(2010)0494 – C7-0292/2010 – 2010/0257(COD) |
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Committee responsible |
TRAN |
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Opinion by Date announced in plenary |
PECH 7.10.2010 |
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Associated committee(s) - date announced in plenary |
10.3.2011 |
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Rapporteur Date appointed |
Maria do Céu Patrão Neves 25.11.2010 |
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Discussed in committee |
1.12.2010 |
1.2.2011 |
15.3.2011 |
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Date adopted |
4.4.2011 |
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Result of final vote |
+: –: 0: |
20 0 0 |
||||||
Members present for the final vote |
Josefa Andrés Barea, Kriton Arsenis, Alain Cadec, João Ferreira, Carmen Fraga Estévez, Pat the Cope Gallagher, Marek Józef Gróbarczyk, Iliana Malinova Iotova, Werner Kuhn, Isabella Lövin, Gabriel Mato Adrover, Guido Milana, Britta Reimers, Ulrike Rodust, Struan Stevenson, Jarosław Leszek Wałęsa |
|||||||
Substitute(s) present for the final vote |
Jean-Paul Besset, Izaskun Bilbao Barandica, Chris Davies |
|||||||
Substitute(s) under Rule 187(2) present for the final vote |
Philippe Boulland, Nuno Teixeira |
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-
OPINION of the Committee on Budgets (18.3.2011)
for the Committee on Transport and Tourism
on the proposal for a regulation of the European Parliament and of the Council establishing a programme to support the further development of an integrated Maritime Policy
(COM(2010)0494 – C7‑0292/2010 – 2010/0257(COD))
Rapporteur: Dominique Riquet
SHORT JUSTIFICATION
The Integrated Maritime Policy (IMP) promotes synergy between all EU policies relating to the oceans, seas, costal regions and maritime sectors.
Pilot projects and preparatory actions in the field of Maritime Policy came to an end in 2010 (no commitment appropriations have been foreseen for 2011). A multiannual financial framework for the IMP for the period 2011-2013 is needed through the introduction of two new budget lines (11 09 05 and 11 01 04 04 07). The creation of such a programme should enable the Commission, together with Member States and stakeholders, to continue exploratory work that has already been initiated and to further develop and concretise options to implement the IMP. Long-term funding of the further development and implementation of this policy is not currently guaranteed.
The purpose of the present proposal is to provide the IMP with a stable financial framework for the 2011-2013 period by establishing a financial envelope of EUR 50 million. In its resolution of 21 October 2010 on the Integrated Maritime Policy - Evaluation of progress made and new challenges (2010/2040(INI)), the European Parliament supported "the Commission’s stated intention to finance the IMP with EUR 50 million over the next two years in order to build upon previous projects in the areas of policy, governance, sustainability and surveillance". The amount proposed by the Commission is reasonable and should be regarded as the minimum required.
Articles 165 and 166 – covering education, professional training and youth – should be included among the legal bases underpinning the proposal to enable cooperation programmes to be developed in those fields.
The present opinion seeks to clarify, supplement and entrench the programme's objectives. In particular, it suggests that the promotion of sustainable development, the protection and sustainable use of marine and coastal resources and the development of individualised sea basin strategies should be included among the programme's general objectives, that the objectives should be substantiated by more specific rules on spending and that the European Parliament should be appropriately involved in the implementation. The less specific the objectives and spending criteria are, the more parliamentary involvement in implementation is needed.
AMENDMENTS
The Committee on Budgets calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:
Amendment 1 Proposal for a regulation Recital 10 a (new) | |
Text proposed by the Commission |
Amendment |
|
(10a) In addition, when the Programme is reviewed, a proposal should be drawn up to provide for its extension beyond 2013, together with a proposal laying down an appropriate financial envelope. |
Amendment 2 Proposal for a regulation Article 2 -point e a (new) | |
Text proposed by the Commission |
Amendment |
|
(ea) to enhance the coordinated planning of competing maritime activities, the strategic management of maritime areas, the overall level of safety, the quality of surveillance activities and the enforcement of laws. |
Amendment 3 Proposal for a regulation Article 7 –- paragraph 3 - point e | |
Text proposed by the Commission |
Amendment |
(e) if relevant, the circumstances which justify awarding a grant without a call for proposals on the basis of one of the exceptions set out in Article 168 of Commission Regulation (EC, EURATOM) No 2342/2002; |
deleted |
Amendment 4 Proposal for a regulation Article 8 - title | |
Text proposed by the Commission |
Amendment |
Budgetary resources |
Budgetary resources and spending maximums for the various objectives |
Amendment 5 Proposition de règlement Article 8 - paragraph -1 (new) | |
Text proposed by the Commission |
Amendment |
|
1. (a) Integrated Maritime Governance: EUR 2 500 000; |
|
(b) activities in relation to the sea basins: EUR 4 600 000; |
|
(c) tools for Integrated Policy-Making: EUR 33 000 000; |
|
(d) promoting the international dimension of IMP: EUR 600 000; |
|
(e) defining the boundaries of sustainability of maritime activities through the implementation of the Marine Strategy Framework Directive: EUR 5 100 000;
|
|
(f) sustainable economic growth, employment and innovation: EUR 1 500 000;
|
|
(g) raising the visibility of maritime Europe: EUR 2 300 000. |
|
These amounts are indicative and may be redeployed among the objectives in accordance with requirements. |
Amendment 6 Proposal for a regulation Article 8 – paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. The budgetary resources allocated to the Programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework. |
2. The budgetary resources allocated to the Programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations and the appropriate nomenclature shall be authorised by the budgetary authority within the limits of the current financial framework, without jeopardising the implementation of current programmes and activities, thus avoiding redeployment within the relevant heading of the current financial framework. |
Amendment 7 Proposal for a regulation Article 8 – paragraph 2 a (new) | |
Text proposed by the Commission |
Amendment |
|
2a. The criteria for co-financing shall be clearly defined. |
Amendment 8 Proposal for a regulation Article 8 – paragraph 2 a (new) | |
Text proposed by the Commission |
Amendement |
|
2a . The budgetary resources allocated to the Programme shall be taken from the margin available in heading 2 of the multiannual financial framework for 2007-2013, without prejudice to the decision of the budgetary authority. |
Amendment 9 Proposal for a regulation Article 12 | |
Text proposed by the Commission |
Amendment |
The Commission shall submit to the European Parliament and the Council an ex-post evaluation report no later than 31 December 2014 |
1. The Commission shall submit to the European Parliament and the Council a mid-term report on the implementation of the Integrated Maritime Policy by 30 June 2012. At the same time the Commission shall submit a proposal for the extension of the Programme with an appropriate financial envelope beyond 2013. |
Amendment 10 Proposal for a regulation Article 12 – paragraph 1 a (new) | |
Text proposed by the Commission |
Amendment |
|
1a. The mid-term report on the implementation of the Integrated Maritime Policy shall include a precise evaluation of the Programme’s impact on other Union policies. |
Amendment 11 Proposal for a regulation Article 13 – paragraph 1 | |
Text proposed by the Commission |
Amendment |
1. The Commission shall be assisted by an Advisory Committee in establishing the annual work programmes foreseen in Article 7(2). |
1. The Commission shall be assisted by an Advisory Committee, involving the European Parliament, in establishing the annual work programmes foreseen in Article 7(2). |
PROCEDURE
Title |
Programme to support the further development of an integrated maritime policy |
|||||||
References |
COM(2010)0494 – C7-0292/2010 – 2010/0257(COD) |
|||||||
Committee responsible |
TRAN |
|||||||
Opinion by Date announced in plenary |
BUDG 7.10.2010 |
|
|
|
||||
Rapporteur Date appointed |
Dominique Riquet 20.10.2010 |
|
|
|||||
Date adopted |
16.3.2011 |
|
|
|
||||
Result of final vote |
+: –: 0: |
36 1 0 |
||||||
Members present for the final vote |
Damien Abad, Alexander Alvaro, Reimer Böge, Lajos Bokros, Giovanni Collino, Jean-Luc Dehaene, Isabelle Durant, James Elles, Göran Färm, José Manuel Fernandes, Eider Gardiazábal Rubial, Salvador Garriga Polledo, Jens Geier, Ivars Godmanis, Estelle Grelier, Lucas Hartong, Monika Hohlmeier, Sidonia Elżbieta Jędrzejewska, Anne E. Jensen, Jan Kozłowski, Alain Lamassoure, Giovanni La Via, Barbara Matera, Miguel Portas, Vladimír Remek, Dominique Riquet, László Surján, Helga Trüpel, Derek Vaughan, Angelika Werthmann, Jacek Włosowicz |
|||||||
Substitute(s) present for the final vote |
François Alfonsi, Gerben-Jan Gerbrandy, Edit Herczog, Paul Rübig, Georgios Stavrakakis |
|||||||
Substitute(s) under Rule 187(2) present for the final vote |
Marit Paulsen |
|||||||
OPINION of the Committee on the Environment, Public Health and Food Safety (17.3.2011)
for the Committee on Transport and Tourism
on the proposal for a regulation of the European Parliament and of the Council establishing a Programme to support the further development of an Integrated Maritime Policy
(COM(2010)0494 – C7‑0292/2010 – 2010/0257(COD))
Rapporteur: Corinne Lepage
SHORT JUSTIFICATION
The Integrated Maritime Policy (IMP) promotes synergy between all EU policies relating to the oceans, seas, costal regions and maritime sectors.
The long-term funding of the further development and implementation of this policy is not currently guaranteed. IMP actions have been financed solely on the basis of Article 49 (6) (a) and (b) of the Financial Regulation, and Article 32 of its Implementing Rules, which provide for the funding of pilot schemes and preparatory projects. This is not a viable solution and could jeopardise the continued existence of the IMP in the absence of any means of funding actions in the course of the remaining period (2011–2013) of the current Financial Perspective.
The purpose of the present proposal is to provide the IMP with a stable financial framework for the 2011-2013 period by establishing a financial envelope of EUR 50 million. In its resolution of 21 October 2010 on the Integrated Maritime Policy - Evaluation of progress made and new challenges (2010/2040(INI)), the European Parliament supported "the Commission’s stated intention to finance the IMP with EUR 50 million over the next two years in order to build upon previous projects in the areas of policy, governance, sustainability and surveillance". The amount proposed by the Commission is reasonable and should be should be regarded as the minimum required.
Articles 165 and 166 – covering education, professional training and youth – should be included among the legal bases underpinning the proposal to enable cooperation programmes to be developed in those fields.
The present opinion seeks to clarify, supplement and entrench the programme's objectives. In particular, it suggests that the promotion of sustainable development, the protection and sustainable use of marine and coastal resources and the development of individualised sea basin strategies should be included among the programme's general objectives. The opinion also suggests that the proposal's general presentation should be clarified and the 'specific objectives' should be expanded and renamed 'operational objectives'.
AMENDMENTS
The Committee on the Environment, Public Health and Food Safety calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:
Amendment 1 Proposal for a regulation Citation 1 | |
Text proposed by the Commission |
Amendment |
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), Article 74 and 77(2), Article 91(1) and 100(2), Article 173(3), Article 175 Article 188, Article 192(1), Article 194(2) and Article 195(2) thereof, |
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), Article 74 and 77(2), Article 91(1) and 100(2), Article 165(4) and Article 166(4), Article 173(3), Article 175, Article 188, Article 192(1), Article 194(2) and Article 195(2) thereof, |
Amendment 2 Proposal for a regulation Recital 6 | |
Text proposed by the Commission |
Amendment |
(6) Union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the Integrated Maritime Policy, including the integrated maritime governance at all levels, the further development and implementation of integrated sea-basin strategies tailored to the specific needs of Europe's different sea basins, the definition of the boundaries of sustainability of human activities in the framework of the Marine Strategy Framework Directive, which constitutes the environmental pillar of the Integrated Maritime Policy, paying due attention to their cumulative impacts, on the basis of the ecosystem approach, the further involvement of stakeholders in integrated maritime governance schemes, the further development of cross-cutting tools for integrated policy-making, the promotion of the international dimension of the Integrated Maritime Policy, and sustainable economic growth, employment, innovation and competitiveness. |
(6) Union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the Integrated Maritime Policy, including the integrated maritime governance at all levels, the further development and implementation of integrated sea-basin strategies tailored to the specific needs of Europe's different sea basins, the definition of the boundaries of sustainability of human activities and the implementation of the Marine Strategy Framework Directive, which constitutes the environmental pillar of the Integrated Maritime Policy, paying due attention to their cumulative impacts, on the basis of the ecosystem approach, the further involvement of stakeholders in integrated maritime governance schemes, the further development of cross-cutting tools for integrated policy-making, the promotion of the international dimension of the Integrated Maritime Policy, and sustainable economic growth, employment, innovation and competitiveness. |
Amendment 3 Proposal for a regulation Article 2 – point a | |
Text proposed by the Commission |
Amendment |
(a) to foster the development and implementation of integrated governance of maritime and coastal affairs and integrated sea basin strategies; |
(a) to put integrated governance of maritime and coastal affairs into practice; |
Amendment 4 Proposal for a regulation Article 2 – point b | |
Text proposed by the Commission |
Amendment |
(b) to contribute to the development of tools that cut across sea or coast-related sectoral policies; |
(b) to contribute to the development of cross-sectoral tools to support sea or coast-related policies, particularly in the field of economic development, employment, environmental protection, research, maritime safety, energy, and the development of green maritime technologies; |
Amendment 5 Proposal for a regulation Article 2 – point c | |
Text proposed by the Commission |
Amendment |
(c) to support joined up policy-making and to promote the sustainable use of the marine and coastal resources and sustainable economic growth, innovation and employment in maritime sectors and coastal regions, in coherence with sectoral policy priorities and actions; |
(c) to promote protection of marine biodiversity, sustainable development, innovation and employment in maritime sectors and coastal regions, in coherence with sectoral policy priorities and actions; |
Amendment 6 Proposal for a regulation Article 2 – point c a (new) | |
Text proposed by the Commission |
Amendment |
|
(ca) to examine the effects of illegal maritime activities, namely the use of flags of convenience and illegal, unregulated and unreported fishing on the economy, sustainability and employment in maritime sectors and coastal regions; |
Amendment 7 Proposal for a regulation Article 2 – point d | |
Text proposed by the Commission |
Amendment |
(d) to further define the boundaries of sustainability of human activities that have an impact on the marine environment, in the framework of the Marine Strategy Framework Directive; |
(d) to promote the protection of marine biodiversity and the sustainable use of marine and coastal resources and further define the boundaries of sustainability of human activities that have an impact on the marine environment; |
Amendment 8 Proposal for a regulation Article 2 – point d a (new) | |
Text proposed by the Commission |
Amendment |
|
(da) to develop individual sea basin strategies; |
Amendment 9 Proposal for a regulation Article 2 – point e | |
Text proposed by the Commission |
Amendment |
(e) to improve and enhance external cooperation and coordination in relation to the objectives of the Integrated Maritime Policy; |
(e) to enhance the external dimension of the Integrated Maritime Policy and improve its coverage of the outermost regions; |
Amendment 10 Proposal for a regulation Article 2 – point e a (new) | |
Text proposed by the Commission |
Amendment |
|
(ea) to facilitate improved conditions for the marine and coastal environment and reduce pollution, especially that caused by phosphates and nitrates arising from everyday human activities; |
Amendment 11 Proposal for a regulation Article 3 – title | |
Text proposed by the Commission |
Amendment |
Specific Objectives |
Operational Objectives |
Amendment 12 Proposal for a regulation Article 3 – paragraph 1 – introductory part | |
Text proposed by the Commission |
Amendment |
1. Within the objectives set out in Article 2(a) (b) (c) (d) the Programme shall aim to: |
1. With a view to putting into practice the integrated governance of maritime and coastal affairs referred to in Article 2(a), the Programme shall aim in particular to: |
Amendment 13 Proposal for a regulation Article 3 – paragraph 1 – point a | |
Text proposed by the Commission |
Amendment |
(a) encourage Member States or regions to develop or introduce integrated maritime governance; |
(a) encourage Member States and regions to develop or introduce integrated maritime governance; |
Amendment 14 Proposal for a regulation Article 3 – paragraph 1 – point c | |
Text proposed by the Commission |
Amendment |
(c) facilitate the exploitation of synergies, sharing of information and exchange of best practices on maritime policy, including its governance and sectoral policies that have an impact on regional seas and coastal regions or |
(c) facilitate the exploitation of synergies, sharing of information and exchange of best practices on maritime policy, including its governance and sectoral policies that have an impact on regional seas and coastal regions; |
Amendment 15 Proposal for a regulation Article 3 – paragraph 1 – point d | |
Text proposed by the Commission |
Amendment |
(d) promote the establishing cross-sectoral cooperation platforms and networks, including interests from industry, research stakeholders, regions, public authorities and NGOs; |
(d) promote the establishment of cross-sectoral cooperation platforms and networks including representatives of local and regional public authorities, industry, research stakeholders, the social partners, civil society and NGOs, and facilitate the dissemination of information on current research projects;; |
Amendment 16 Proposal for a regulation Article 3 – paragraph 1 – point e | |
Text proposed by the Commission |
Amendment |
(e) facilitate the development of common methods and approaches; |
(e) facilitate cross-border cooperation and the development of common methods and support regional strategies, taking account of the specific features of sea basins; |
Amendment 17 Proposal for a regulation Article 3 – paragraph 1 – point e a (new) | |
Text proposed by the Commission |
Amendment |
|
(ea) ensure the application of equivalent and sufficient environmental standards; |
Amendment 18 Proposal for a regulation Article 3 – paragraph 2 – introductory part | |
Text proposed by the Commission |
Amendment |
2. Within the objective set out in Article 2(b), the Programme shall aim to foster the development of: |
2. With a view to developing the cross-sectoral tools referred to in Article 2(b), the Programme shall aim in particular to foster the development of: |
Amendment 19 Proposal for a regulation Article 3 – paragraph 2 – point a | |
Text proposed by the Commission |
Amendment |
(a) a common information sharing environment for the EU maritime domain which promotes cross-sectoral and cross-border surveillance activities and reinforces the safe and secure use of marine space, taking into account the relevant developments of sectoral policies as regards surveillance and contributing, as appropriate, to their necessary evolutions; |
(a) a common information sharing environment for the EU maritime domain which promotes cross-sectoral and cross-border surveillance activities and reinforces the safe, secure and environmentally friendly use of marine space, taking into account the relevant developments of sectoral policies as regards surveillance and contributing, as appropriate, to their necessary evolutions; |
Amendment 20 Proposal for a regulation Article 3 – paragraph 2 – point b | |
Text proposed by the Commission |
Amendment |
(b) maritime spatial planning and integrated coastal zone management, both of which provide a fundamental tool for eco-system based management and sustainable development of marine areas and coastal regions; |
(b) maritime spatial planning and integrated coastal zone management, both of which provide a fundamental tool for eco-system based management and sustainable development of marine areas and coastal regions, with a particular emphasis on the areas most vulnerable to climate change; |
Amendment 21 Proposal for a regulation Article 3 – paragraph 2 a (new) | |
Text proposed by the Commission |
Amendment |
|
2a. In order to encourage the sustainable development, innovation and employment specified in Article 2(c), the Programme shall aim in particular to foster: |
|
(a) the promotion of new sources of sustainable economic development and jobs in the maritime sector and in the protection of marine biodiversity in coastal zones; |
|
(b) the promotion of marine renewable energy sources; |
|
(c) action to make the maritime professions more attractive and, in particular, to encourage the transnational mobility of young people employed in marine biodiversity protection and the maritime sector in general. |
Amendment 22 Proposal for a regulation Article 3 – paragraph 2 b (new) | |
Text proposed by the Commission |
Amendment |
|
2b. In order to encourage the protection of marine biodiversity and the sustainable use of marine and coastal resources as specified in Article 2(d), the Programme shall aim in particular to promote the development of: |
|
(a) the implementation of the Marine Strategy Framework Directive and, in particular, the definition of the boundaries of the sustainability of human activities (including the activities not directly related to the maritime environment but having a direct impact on it) that have an impact on the marine environment; |
|
(b) platforms for the exchange of information and warnings relating to maritime safety for example in connection with off-shore oil and gas production, exploration and transport by tankers or pipeline activities; participation of third countries in such platforms shall also be sought; |
Amendment 23 Proposal for a regulation Article 3 – paragraph 2 c (new) | |
Text proposed by the Commission |
Amendment |
|
2c. With a view to developing individual sea basin strategies as specified in Article 2(da), the Programme shall aim to help devise, and support the development of, individual sea basin strategies. |
Amendment 24 Proposal for a regulation Article 3 – paragraph 3 | |
Text proposed by the Commission |
Amendment |
3. Within the objective set out in Article 2(e) and complementing the sectoral policies, the Programme shall aim to improve and enhance cooperation for integrated cross-sectoral actions with: |
3. With a view to enhancing the external dimension of the Integrated Maritime Policy as specified in Article 2(e) and complementing the sectoral policies, the Programme shall aim to improve and enhance cooperation for integrated cross-sectoral actions with: |
(a) third countries including those bordering a European sea basin, |
(a) third countries including those bordering a European sea basin, especially with regard to ensuring the application of environmental standards in those countries, which shall not be lower than those applicable in the Union; |
(b) actors in third countries, |
(b) actors in third countries, |
(c) international partners and organisations, particularly in relation to international ecosystem restoration commitments and other pertinent agreements, |
(c) international partners and organisations, particularly in relation to international ecosystem restoration commitments and other pertinent agreements, |
Amendment 25 Proposal for a regulation Article 3 – paragraph 4 | |
Text proposed by the Commission |
Amendment |
4. The specific objectives set out in paragraph 3 shall be pursued in accordance with the specific objectives set out in paragraphs 1 and 2 and in coherence with the cooperation instruments of the EU, taking into account the objectives of the national and regional development strategies. |
4. The operational objectives set out in paragraph 3 shall be pursued in accordance with the operational objectives set out in paragraphs 1, 2, 2a, 2b and 2c and in coherence with the cooperation instruments of the EU, taking into account the objectives of the national and regional development strategies. |
Amendment 26 Proposal for a regulation Article 4 – point a | |
Text proposed by the Commission |
Amendment |
(a) studies and cooperative programmes; |
(a) studies, including on the identification of legislative weaknesses with regard to flags of convenience and illegal, unregulated and unreported fishing, and cooperative programmes, including education and professional training programmes; |
Amendment 27 Proposal for a regulation Article 4 – point e a (new) | |
Text proposed by the Commission |
Amendment |
|
(ea) actions relating to the development and promotion of green shipping technologies to be taken in close cooperation with the relevant Commission services; |
PROCEDURE
Title |
Programme to support the further development of an integrated maritime policy |
|||||||
References |
COM(2010)0494 – C7-0292/2010 – 2010/0257(COD) |
|||||||
Committee responsible |
TRAN |
|||||||
Opinion by Date announced in plenary |
ENVI 7.10.2010 |
|
|
|
||||
Rapporteur Date appointed |
Corinne Lepage 17.11.2010 |
|
|
|||||
Discussed in committee |
24.1.2011 |
|
|
|
||||
Date adopted |
16.3.2011 |
|
|
|
||||
Result of final vote |
+: –: 0: |
53 0 1 |
||||||
Members present for the final vote |
János Áder, Elena Oana Antonescu, Kriton Arsenis, Pilar Ayuso, Sandrine Bélier, Sergio Berlato, Martin Callanan, Nessa Childers, Chris Davies, Bas Eickhout, Edite Estrela, Elisabetta Gardini, Julie Girling, Satu Hassi, Jolanta Emilia Hibner, Dan Jørgensen, Karin Kadenbach, Christa Klaß, Holger Krahmer, Jo Leinen, Corinne Lepage, Peter Liese, Linda McAvan, Radvilė Morkūnaitė-Mikulėnienė, Miroslav Ouzký, Vladko Todorov Panayotov, Gilles Pargneaux, Antonyia Parvanova, Andres Perello Rodriguez, Sirpa Pietikäinen, Pavel Poc, Vittorio Prodi, Frédérique Ries, Anna Rosbach, Oreste Rossi, Daciana Octavia Sârbu, Carl Schlyter, Horst Schnellhardt, Richard Seeber, Theodoros Skylakakis, Bogusław Sonik, Salvatore Tatarella, Åsa Westlund, Glenis Willmott, Marina Yannakoudakis |
|||||||
Substitute(s) present for the final vote |
Christofer Fjellner, Jutta Haug, Miroslav Mikolášik, Bill Newton Dunn, Bart Staes, Eleni Theocharous, Thomas Ulmer, Marita Ulvskog, Anna Záborská |
|||||||
OPINION of the Committee on Regional Development (24.3.2011)
for the Committee on Transport and Tourism
on the proposal for a regulation of the European Parliament and of the Council establishing a Programme to support the further development of an Integrated Maritime Policy
(COM(2010)0494 – C7‑0292/2010 – 2010/0257(COD))
Rapporteur: Rosa Estaràs Ferragut
SHORT JUSTIFICATION
Coastal regions are fundamental for economic growth in the European Union and its Member States. Many of them are key fishing centres and import/export nodes, as well as being attractive tourist destinations.
The Commission, Council and Parliament have delivered a number of opinions on the new concept for an Integrated Maritime Policy and on what its objectives should be. It is an approach which is both complex and necessary. The overarching aim is to harness the whole potential of maritime resources in a sustainable way so as to benefit the whole of the European Union.
The development and implementation of the Integrated Maritime Policy need to be consolidated, at this stage, by allocating sufficient financial resources and ensuring the continuity of preparatory actions and pilot projects. The rapporteur therefore unreservedly supports the proposal for a regulation submitted by the Commission. In the light of the various contacts she has made, she also takes the view that the sum of money allocated is sufficient for the objectives being pursued in the last three years of the current multiannual financial framework. All the signs are that an allocation of EUR 50 million for the period 2011-2013 is likely to receive the necessary consensus.
The rapporteur would also like to stress the need to guarantee sufficient and continued funding for the next multiannual financial framework from 2014 onwards. The process of defining the next financial perspective has already begun, and given that the Integrated Maritime Policy figures among the EU's priorities, consistency demands that this policy be awarded adequate funds sufficiently in advance. This multiannual awarding of funds should not work to the detriment of other EU policies that have already been consolidated.
From the point of view of financing the various actions under this programme, a degree of regional balance should be observed when allocating the funds available. The rapporteur highlights this issue in an amendment to Article 2 of the regulation.
The remaining amendments - to Articles 2, 3, 4, 10 and 11 - are designed to fine-tune some of the regulation's objectives in order to bring them into line with those of the Integrated Maritime Policy, clarify the content of some of the actions eligible for funding and shore up the Commission's responsibility in relation to the supervision and control of the programme's implementation.
AMENDMENTS
The Committee on Regional Development calls on the Committee on Transport and Tourism, as the committee responsible, to incorporate the following amendments in its report:
Amendment 1 Proposal for a regulation Recital 5 | |
Text proposed by the Commission |
Amendment |
(5) A continued Union financial underpinning is needed to enable the Union to implement and further develop its Integrated Maritime Policy in line with the European Parliament Resolution of 20 May 2008 on the Integrated Maritime Policy and to pursue its overarching objectives as set out in the Commission’s Blue Paper of October 2007, confirmed in the Progress Report of October 2009 and endorsed by the General Affairs Council conclusions of 16 November 2009. |
(5) Continued Union funding is needed to enable the Union to implement and further develop its Integrated Maritime Policy in line with the European Parliament Resolution of 20 May 2008 on the Integrated Maritime Policy and to pursue its overarching objectives as set out in the Commission’s Blue Paper of October 2007, confirmed in the Progress Report of October 2009 and endorsed by the General Affairs Council conclusions of 16 November 2009. |
Amendment 2 Proposal for a regulation Recital 5 a (new) | |
Text proposed by the Commission |
Amendment |
|
(5a) Sufficient resources will need to be available from 2014 onwards to ensure that the objectives of the Integrated Maritime Policy can be developed and achieved, without undermining the resources earmarked for other policies, whilst at the same time boosting the sustainable development of the Union's maritime regions, including islands and the outermost regions. |
Amendment 3 Proposal for a regulation Recital 5 b (new) | |
Text proposed by the Commission |
Amendment |
|
(5b) The development of maritime affairs through financial support for Integrated Maritime Policy measures will have a significant impact in terms of economic, social, and territorial cohesion. |
Justification | |
Consolidating the IMP by means of a support programme will help to promote the overall harmonious development of the EU and to attain the objectives of economic, social and territorial cohesion set out in Article 174 of the TFEU. | |
Amendment 4 Proposal for a regulation Recital 6 | |
Text proposed by the Commission |
Amendment |
(6) Union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the Integrated Maritime Policy, including the integrated maritime governance at all levels, the further development and implementation of integrated sea-basin strategies tailored to the specific needs of Europe's different sea basins, the definition of the boundaries of sustainability of human activities in the framework of the Marine Strategy Framework Directive, which constitutes the environmental pillar of the Integrated Maritime Policy, paying due attention to their cumulative impacts, on the basis of the ecosystem approach, the further involvement of stakeholders in integrated maritime governance schemes, the further development of cross-cutting tools for integrated policy-making, the promotion of the international dimension of the Integrated Maritime Policy, and sustainable economic growth, employment, innovation and competitiveness. |
(6) Union funding should be designed to support exploratory work on actions which aim to promote the strategic objectives of the Integrated Maritime Policy and territorial cohesion in this specific context. These objectives include the integrated maritime governance at all levels, the further development and implementation of integrated sea-basin strategies tailored to the specific needs of Europe's different sea basins and coastal, insular and in particular outermost regions, the definition of the boundaries of sustainability of human activities in the framework of the Marine Strategy Framework Directive and the EU Water Framework Directive, which constitute the environmental pillar of the Integrated Maritime Policy, paying due attention to their cumulative impacts, on the basis of the ecosystem approach, the further involvement of regional and local stakeholders in integrated multi-level maritime governance schemes, the further development of cross-cutting tools and a cross-sectoral approach for integrated policy-making aiming at improving synergies and coordination between existing policies and instruments through maritime-related data and knowledge sharing, the promotion of the international dimension of the Integrated Maritime Policy, and sustainable economic growth, employment, innovation and competitiveness. |
Amendment 5 Proposal for a regulation Recital 7 | |
Text proposed by the Commission |
Amendment |
(7) Not all Integrated Maritime Policy priorities and goals are covered by other Union instruments, such as the Cohesion Fund, the European Regional Development Fund, the European Fisheries Fund, the Seventh Framework Programme for research, technological development and demonstration activities, the Instrument for Pre-Accession Assistance (IPA) and the European Neighbourhood and Partnership Instrument and it is therefore necessary to establish a Programme to support the further development of the Integrated Maritime Policy (hereinafter referred to as ‘the Programme’). |
(7) Not all Integrated Maritime Policy priorities and goals are covered by other Union instruments, such as the Cohesion Fund, the European Regional Development Fund, the European Fisheries Fund, the Seventh Framework Programme for research, technological development and demonstration activities, the Instrument for Pre-Accession Assistance (IPA) and the European Neighbourhood and Partnership Instrument and it is therefore necessary to establish a Programme to support the further development of the Integrated Maritime Policy (hereinafter referred to as ‘the Programme’), instruments which should in any case be better coordinated in the framework of maritime policy in view of achieving greater efficiency and effectiveness in this context. |
Amendment 6 Proposal for a regulation Recital 7 a (new) | |
Text proposed by the Commission |
Amendment |
|
(7a) It is important for the Programme to tie in with other EU policies that may encompass a maritime dimension, in particular the structural funds, the trans-European transport network, the Common Fisheries Policy, tourism, action in relation to the environment and climate change, the Framework Programme for Research and Development and energy policy. |
Justification | |
The integrated approach adopted by the IMP should also be used to identify synergies with other EU policies that may encompass a maritime dimension. | |
Amendment 7 Proposal for a regulation Recital 8 a (new) | |
Text proposed by the Commission |
Amendment |
|
(8a) According to the Commission communication of 26 May 2004 entitled ‘A stronger partnership for the outermost regions’ (COM(2004)0343), the outermost regions should serve as a link between the Union and the rest of the world, and adopt regional maritime strategies that can facilitate their integration into the surrounding region by closely involving neighbouring countries. |
Amendment 8 Proposal for a regulation Recital 8 b (new) | |
Text proposed by the Commission |
Amendment |
|
(8b) The macro-regional strategy for the Baltic Sea and the maritime strategy for the Atlantic region provide a good framework for further development of maritime regions; these strategies can be followed by others, such as the North Sea basin. |
Amendment 9 Proposal for a regulation Recital 9 | |
Text proposed by the Commission |
Amendment |
(9) The Programme should complement existing and future financial instruments made available by the Member States, at national and sub-national level, for promoting the protection and sustainable use of the oceans, seas and coasts. |
(9) The Programme should complement existing and future financial instruments made available by the Union and the Member States, at national and sub-national level, for promoting the protection and sustainable use of the oceans, seas and coasts and for helping to foster more effective cooperation between the Member States and coastal regions. |
Justification | |
Over and above the matter of funding, the goal of promoting and improving cooperation and dialogue between Member States and their coastal regions is central to the success of the IMP. | |
Amendment 10 Proposal for a regulation Recital 15 | |
Text proposed by the Commission |
Amendment |
(15) To ensure the effectiveness of Union financing, actions funded under this Regulation should be regularly evaluated. |
(15) To ensure the effectiveness of Union financing, actions funded under this Regulation should be regularly evaluated, focusing in particular on their territorial impact. |
Amendment 11 Proposal for a regulation Article 2 – point a | |
Text proposed by the Commission |
Amendment |
(a) to foster the development and implementation of integrated governance of maritime and coastal affairs and integrated sea basin strategies; |
(a) to foster the development and implementation of integrated multi-level governance of maritime and coastal affairs and integrated strategies for all the Union’s sea basins, ensuring active and effective involvement of partners such as the regional and local authorities, economic and social partners and civil society actors; |
Amendment 12 Proposal for a regulation Article 2 – point b | |
Text proposed by the Commission |
Amendment |
(b) to contribute to the development of tools that cut across sea or coast-related sectoral policies; |
(b) to contribute to the development of tools relating to the sea, coasts and land-sea, and to create synergies through better coordination of these policies and their instruments; |
Justification | |
A reference to land-sea links should be inserted so that the IMP can be tied in with territorial development policies. Coastal areas should not be separated from their hinterlands. | |
Amendment 13 Proposal for a regulation Article 2 – point c | |
Text proposed by the Commission |
Amendment |
(c) to support joined up policy-making and to promote the sustainable use of the marine and coastal resources and sustainable economic growth, innovation and employment in maritime sectors and coastal regions, in coherence with sectoral policy priorities and actions; |
(c) to support joined up policy-making, involving regional and local authorities, and to implement the sustainable use of the marine and coastal resources along with sustainable economic growth, innovation and employment in maritime sectors and coastal and insular regions, and in particular outermost regions, in coherence with Union law and with international commitments; |
Amendment 14 Proposal for a regulation Article 2 – point d | |
Text proposed by the Commission |
Amendment |
(d) to further define the boundaries of sustainability of human activities that have an impact on the marine environment, in the framework of the Marine Strategy Framework Directive; |
(d) to further define the boundaries of sustainability of human activities that have an impact on the marine environment and pollution, as well as on coastal, insular and outermost regions, in the framework of the Marine Strategy Framework Directive and the EU Water Framework Directive; |
Amendment 15 Proposal for a regulation Article 2 –point d a (new) | |
Text proposed by the Commission |
Amendment |
|
(da) to promote both the regional integration of outermost regions through an integrated approach to maritime policy in the surrounding geographical areas and the active involvement of peripheral maritime regions and foster the linkages between these regions, outermost regions and insular regions with mainland economic centres; |
Amendment 16 Proposal for a regulation Article 2 – paragraph 1 a (new) | |
Text proposed by the Commission |
Amendment |
|
The general objectives of the Programme shall be pursued in such a way as to maintain adequate regional balance in relation to the funding of actions in the various sea basins. |
Amendment 17 Proposal for a regulation Article 3 – paragraph 1 – point a | |
Text proposed by the Commission |
Amendment |
(a) encourage Member States or regions to develop or introduce integrated maritime governance; |
(a) assist Member States or regions to develop or introduce integrated multi-level maritime governance; |
Amendment 18 Proposal for a regulation Article 3 – paragraph 1 – point b | |
Text proposed by the Commission |
Amendment |
(b) stimulate and reinforce dialogue and cooperation with and among stakeholders on cross-cutting issues related to Integrated Maritime Policy; |
(b) stimulate and reinforce dialogue and cooperation with and among stakeholders and partners at all levels of governance as well as with civil society and representatives of professions related to the sea, on issues related to Integrated Maritime Policy; |
Amendment 19 Proposal for a regulation Article 3 – paragraph 1 – point c | |
Text proposed by the Commission |
Amendment |
(c) facilitate the exploitation of synergies, sharing of information and exchange of best practices on maritime policy, including its governance and sectoral policies that have an impact on regional seas and coastal regions or |
(c) facilitate the exploitation of synergies, sharing of information and exchange of best practices on maritime policy, including its governance and on sectoral policies that have an impact on regional seas and coastal, insular and outermost regions or |
Amendment 20 Proposal for a regulation Article 3 – paragraph 1 – point c a (new) | |
Text proposed by the Commission |
Amendment |
|
(ca) encourage coordination and efforts to identify synergies between maritime policy and other Union policies, in particular the structural funds, the trans-European transport network, the Common Fisheries Policy, action in relation to the environment and climate change, the Framework Programme for Research and Development and energy policy; |
Justification | |
The integrated approach adopted by the IMP should also be used to identify synergies with other EU policies that may encompass a maritime dimension. | |
Amendment 21 Proposal for a regulation Article 3 – paragraph 1 – point d | |
Text proposed by the Commission |
Amendment |
(d) promote the establishing cross-sectoral cooperation platforms and networks, including interests from industry, research stakeholders, regions, public authorities and NGOs; |
(d) promote the establishing of cross-sectoral cooperation platforms and networks, including interests from industry, research stakeholders, regional and local authorities and other public authorities as well as NGOs; |
Amendment 22 Proposal for a regulation Article 3 – paragraph 2 – point b | |
Text proposed by the Commission |
Amendment |
(b) maritime spatial planning and integrated coastal zone management, both of which provide a fundamental tool for eco-system based management and sustainable development of marine areas and coastal regions; |
(b) maritime spatial planning, integrated coastal zone management and the development of land-sea links, which promote territorial cooperation or build upon existing structures of territorial cooperation, and provide a fundamental tool for eco-system based management and sustainable development of marine areas and coastal regions; |
Amendment 23 Proposal for a regulation Article 4 – point a a (new) | |
Text proposed by the Commission |
Amendment |
|
(aa) consultation with relevant stakeholders at regional and local level on issues relating to the specific needs as well as on the territorial impact of any measures envisaged; |
Amendment 24 Proposal for a regulation Article 4 – point d | |
Text proposed by the Commission |
Amendment |
(d) pooling, monitoring, visualisation of and ensuring public access to a significant amount of data, best practices and of database on Union funded regional projects, including where appropriate through a secretariat established for one or a number of these purposes; |
(d) pooling, monitoring, visualisation of and ensuring public access to a significant amount of data, best practices and of database on Union funded regional projects; |
Amendment 25 Proposal for a regulation Article 4 – point e | |
Text proposed by the Commission |
Amendment |
(e) actions relating to cross-cutting tools, including test projects. |
(e) actions relating to cross-cutting tools, including test projects and macro-regional strategies. |
Justification | |
Macro-regional strategies should be mentioned, in particular those relating to the Baltic, the Danube and the Atlantic, which encompass a significant maritime dimension. | |
Amendment 26 Proposal for a regulation Article 10 – paragraph 6 | |
Text proposed by the Commission |
Amendment |
6. The Commission shall take all other steps necessary to verify that actions financed are carried out properly and in compliance with the provisions of this Regulation and the Financial Regulation. |
6. The Commission shall assess the territorial impact of the Programme and verify that actions financed are carried out properly and are consistent with measures under other sectoral policies and instruments and in compliance with the provisions of this Regulation and the Financial Regulation. |
Amendment 27 Proposal for a regulation Article 11 – paragraph 1 – introductory part | |
Text proposed by the Commission |
Amendment |
1. The Commission shall ensure that, when actions financed under this Programme are implemented, the financial interests of the Union are protected by: |
(Does not affect the English version) |
PROCEDURE
Title |
Programme to support the further development of an integrated maritime policy |
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References |
COM(2010)0494 – C7-0292/2010 – 2010/0257(COD) |
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Committee responsible |
TRAN |
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Opinion by Date announced in plenary |
REGI 7.10.2010 |
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Rapporteur Date appointed |
Rosa Estaràs Ferragut 28.10.2010 |
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Discussed in committee |
28.2.2011 |
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Date adopted |
22.3.2011 |
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Result of final vote |
+: –: 0: |
43 1 1 |
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Members present for the final vote |
Luís Paulo Alves, Charalampos Angourakis, Sophie Auconie, Victor Boştinaru, Zuzana Brzobohatá, Francesco De Angelis, Tamás Deutsch, Rosa Estaràs Ferragut, Danuta Maria Hübner, Juozas Imbrasas, María Irigoyen Pérez, Seán Kelly, Evgeni Kirilov, Constanze Angela Krehl, Petru Constantin Luhan, Elżbieta Katarzyna Łukacijewska, Ramona Nicole Mănescu, Riikka Manner, Iosif Matula, Erminia Mazzoni, Miroslav Mikolášik, Lambert van Nistelrooij, Franz Obermayr, Jan Olbrycht, Markus Pieper, Tomasz Piotr Poręba, Monika Smolková, Georgios Stavrakakis, Csanád Szegedi, Nuno Teixeira, Michail Tremopoulos, Oldřich Vlasák, Joachim Zeller |
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Substitute(s) present for the final vote |
Andrea Cozzolino, Karima Delli, Jens Geier, Ivars Godmanis, Karin Kadenbach, Marie-Thérèse Sanchez-Schmid, Vilja Savisaar-Toomast, Elisabeth Schroedter, László Surján |
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Substitute(s) under Rule 187(2) present for the final vote |
Vladko Todorov Panayotov, Britta Reimers, Ivo Strejček |
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PROCEDURE
Title |
Programme to support the further development of an integrated maritime policy |
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References |
COM(2010)0494 – C7-0292/2010 – 2010/0257(COD) |
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Date submitted to Parliament |
29.9.2010 |
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Committee responsible Date announced in plenary |
TRAN 7.10.2010 |
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Committee(s) asked for opinion(s) Date announced in plenary |
BUDG 7.10.2010 |
ENVI 7.10.2010 |
ITRE 7.10.2010 |
REGI 7.10.2010 |
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|
PECH 7.10.2010 |
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Not delivering opinions Date of decision |
ITRE 25.10.2010 |
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Associated committee(s) Date announced in plenary |
PECH 10.3.2011 |
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|
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Rapporteur(s) Date appointed |
Georgios Koumoutsakos 10.11.2010 |
Georgios Koumoutsakos 10.11.2010 |
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Rule 51 – joint committee meetings Date announced in plenary |
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Legal basis disputed Date of JURI opinion |
JURI 24.5.2011 |
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Discussed in committee |
15.3.2011 |
11.4.2011 |
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Date adopted |
12.4.2011 |
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Result of final vote |
+: –: 0: |
36 0 2 |
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Members present for the final vote |
Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Antonio Cancian, Michael Cramer, Luis de Grandes Pascual, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Knut Fleckenstein, Jacqueline Foster, Mathieu Grosch, Jim Higgins, Juozas Imbrasas, Ville Itälä, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Werner Kuhn, Eva Lichtenberger, Marian-Jean Marinescu, Gesine Meissner, Hubert Pirker, Vilja Savisaar-Toomast, Olga Sehnalová, Brian Simpson, Dirk Sterckx, Keith Taylor, Silvia-Adriana Ţicău, Giommaria Uggias, Thomas Ulmer, Peter van Dalen, Artur Zasada, Roberts Zīle |
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Substitute(s) present for the final vote |
Philip Bradbourn, Spyros Danellis, Bogdan Kazimierz Marcinkiewicz, Guido Milana, Dominique Riquet |
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PROCEDURE
Title |
Programme to support the further development of an integrated maritime policy |
||||
References |
COM(2010)0494 – C7-0292/2010 – 2010/0257(COD) |
||||
Date submitted to Parliament |
29.9.2010 |
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Committee responsible Date announced in plenary |
TRAN 7.10.2010 |
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|
|
|
Committee(s) asked for opinion(s) Date announced in plenary |
BUDG 7.10.2010 |
ENVI 7.10.2010 |
ITRE 7.10.2010 |
REGI 7.10.2010 |
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|
PECH 7.10.2010 |
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|
|
|
Not delivering opinions Date of decision |
ITRE 25.10.2010 |
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|
|
|
Associated committee(s) Date announced in plenary |
PECH 10.3.2011 |
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|
|
|
Rapporteur(s) Date appointed |
Georgios Koumoutsakos 10.11.2010 |
Georgios Koumoutsakos 10.11.2010 |
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|
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Rule 51 – joint committee meetings Date announced in plenary |
|
||||
Legal basis disputed Date of JURI opinion |
JURI 24.5.2011 |
|
|
|
|
Discussed in committee |
15.3.2011 |
11.4.2011 |
|
|
|
Date adopted |
12.4.2011 |
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|
|
|
Result of final vote |
+: –: 0: |
36 0 2 |
|||
Members present for the final vote |
Inés Ayala Sender, Georges Bach, Izaskun Bilbao Barandica, Antonio Cancian, Michael Cramer, Luis de Grandes Pascual, Saïd El Khadraoui, Ismail Ertug, Carlo Fidanza, Knut Fleckenstein, Jacqueline Foster, Mathieu Grosch, Jim Higgins, Juozas Imbrasas, Ville Itälä, Dieter-Lebrecht Koch, Georgios Koumoutsakos, Werner Kuhn, Eva Lichtenberger, Marian-Jean Marinescu, Gesine Meissner, Hubert Pirker, Vilja Savisaar-Toomast, Olga Sehnalová, Brian Simpson, Dirk Sterckx, Keith Taylor, Silvia-Adriana Ţicău, Giommaria Uggias, Thomas Ulmer, Peter van Dalen, Artur Zasada, Roberts Zīle |
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Substitute(s) present for the final vote |
Philip Bradbourn, Spyros Danellis, Bogdan Kazimierz Marcinkiewicz, Guido Milana, Dominique Riquet |
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Date tabled |
30.5.2011 |
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