EC-Bulgaria Agreement: participation in the work of the European Monitoring Centre for Drugs and Drug Addiction *
191k
31k
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and the Republic of Bulgaria on the participation of Bulgaria in the work of the European Monitoring Centre for Drugs and Drug Addiction (COM(2006)0255 – C6-0322/2006 - 2006/0095(CNS))
– having regard to the proposal for a Council decision (COM(2006)0255)(1),
– having regard to the draft agreement between the European Community and the Republic of Bulgaria concerning the participation of the Republic of Bulgaria in the European Monitoring Centre for Drugs and Drug Addiction,
– having regard to Articles 152 and 300(2), first subparagraph, of the EC Treaty,
– having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0322/2006),
– having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0328/2006),
1. Approves conclusion of the agreement;
2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and Bulgaria.
EC-Romania Agreement: participation in the work of the European Monitoring Centre for Drugs and Drug Addiction *
191k
31k
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and Romania on the participation of Romania in the work of the European Monitoring Centre for Drugs and Drug Addiction (COM(2006)0256 – C6-0321/2006 – 2006/0087(CNS))
– having regard to the proposal for a Council decision (COM(2006)0256)(1),
– having regard to the draft agreement between the European Community and the Republic of Romania concerning the participation of Romania in the European Monitoring Centre for Drugs and Drug Addiction,
– having regard to Articles 152 and 300(2), first subparagraph, of the EC Treaty,
– having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0321/2006),
– having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0326/2006),
1. Approves conclusion of the agreement;
2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and Romania.
EC-Turkey Agreement: participation in the work of the European Monitoring Centre for Drugs and Drug Addiction *
192k
32k
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the agreement between the European Community and the Republic of Turkey on the participation of Turkey in the work of the European Monitoring Centre for Drugs and Drug Addiction (COM(2006)0257 – C6-0320/2006 – 2006/0089(CNS))
– having regard to the proposal for a Council decision (COM(2006)0257)(1),
– having regard to the draft agreement between the European Community and the Republic of Turkey concerning the participation of the Republic of Turkey in the European Monitoring Centre for Drugs and Drug Addiction,
– having regard to Articles 152 and 300(2), first subparagraph, of the EC Treaty,
– having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0320/2006),
– having regard to Rules 51, 83(7) and 43(1) of its Rules of Procedure,
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0327/2006),
1. Approves conclusion of the agreement;
2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Republic of Turkey.
Agreement between the EC and Singapore on certain aspects of air services *
188k
31k
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Singapore on certain aspects of air services (COM(2005)0513 – C6-0165/2006 – 2005/0208(CNS))
– having regard to the proposal for a Council decision (COM(2005)0513)(1),
– having regard to Articles 80(2) and 300(2), first subparagraph, of the EC Treaty,
– having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0165/2006),
– having regard to Rules 51 and 83(7) of its Rules of Procedure,
– having regard to the report of the Committee on Transport and Tourism (A6-0295/2006),
1. Approves conclusion of the agreement;
2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Republic of Singapore.
Agreement between the EC and Australia on certain aspects of air services *
188k
31k
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and Australia on certain aspects of air services (COM(2005)0264 – C6-0224/2005 – 2005/0112(CNS))
– having regard to the proposal for a Council decision (COM(2005)0264)(1),
– having regard to Articles 80(2) and 300(2), first subparagraph, of the EC Treaty,
– having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0224/2005),
– having regard to Rules 51 and 83(7) of its Rules of Procedure,
– having regard to the report of the Committee on Transport and Tourism (A6-0293/2006),
1. Approves conclusion of the agreement;
2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and Australia.
Agreement between the EC and New Zealand on certain aspects of air services *
190k
31k
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and New Zealand on certain aspects of air services (COM(2005)0267 – C6-0226/2005 – 2005/0113(CNS))
– having regard to the proposal for a Council decision (COM(2005)0267)(1),
– having regard to Articles 80(2) and 300(2), first subparagraph, of the EC Treaty,
– having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0226/2005),
– having regard to Rules 51 and 83(7) of its Rules of Procedure,
– having regard to the report of the Committee on Transport and Tourism (A6-0294/2006),
1. Approves conclusion of the agreement;
2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and New Zealand.
Agreement between the EC and Uruguay on certain aspects of air services *
189k
31k
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Eastern Republic of Uruguay on certain aspects of air services (COM(2006)0064 – C6-0249/2006 – 2006/0016(CNS))
– having regard to the proposal for a Council decision (COM(2006)0064)(1),
– having regard to Articles 80(2) and 300(2), first subparagraph, of the EC Treaty,
– having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0249/2006),
– having regard to Rules 51 and 83(7) of its Rules of Procedure,
– having regard to the report of the Committee on Transport and Tourism (A6-0296/2006),
1. Approves conclusion of the agreement;
2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Eastern Republic of Uruguay.
Agreement between the EC and the Maldives on certain aspects of air services *
188k
31k
European Parliament legislative resolution on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Republic of Maldives on certain aspects of air services (COM(2006)0095 – C6-0250/2006 – 2006/0027(CNS))
– having regard to the proposal for a Council decision (COM(2006)0095)(1),
– having regard to Articles 80(2) and 300(2), first subparagraph, of the EC Treaty,
– having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0250/2006),
– having regard to Rules 51 and 83(7) of its Rules of Procedure,
– having regard to the report of the Committee on Transport and Tourism (A6-0297/2006),
1. Approves conclusion of the agreement;
2. Instructs its President to forward its position to the Council and Commission, and the governments and parliaments of the Member States and the Republic of Maldives.
Management of the European satellite radio-navigation programmes *
187k
31k
European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 1321/2004 on the establishment of structures for the management of the European satellite radio-navigation programmes (COM(2006)0261 – C6-0201/2006 – 2006/0090(CNS))
European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on the quality required of shellfish waters (Codified version) (COM(2006)0205 – C6-0152/2006 – 2006/0067(COD))
– having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0205)(1),
– having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0152/2006),
– having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(2),
– having regard to Rules 80, 51 and 43 of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A6-0313/2006),
1. Approves the Commission proposal;
2. Instructs its President to forward its position to the Council and the Commission.
European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council concerning misleading and comparative advertising (Codified version) (COM(2006)0222 – C6-0161/2006 – 2006/0070(COD))
– having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0222)(1),
– having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0161/2006),
– having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts(2),
– having regard to Rules 80, 51 and 43 of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A6-0318/2006),
1. Approves the Commission proposal;
2. Instructs its President to forward its position to the Council and the Commission.
Protection of copyright and certain related rights (Codified version) ***I
188k
29k
European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on the term of protection of copyright and certain related rights (Codified version) (COM(2006)0219 – C6-0160/2006 – 2006/0071(COD))
– having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0219)(1),
– having regard to Article 251(2) and Articles 47(2), 55 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0160/2006),
– having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(2),
– having regard to Rules 80, 51 and 43 of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A6-0323/2006),
1. Approves the Commission proposal;
2. Instructs its President to forward its position to the Council and the Commission.
Rights related to copyright (Codified version) ***I
189k
29k
European Parliament legislative resolution on the proposal for a directive of the European Parliament and of the Council on rental right and lending right and on certain rights related to copyright in the field of intellectual property (Codified version) (COM(2006)0226 – C6-0162/2006 – 2006/0073(COD))
– having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0226)(1),
– having regard to Article 251(2) and Articles 47(2), 55 and 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0162/2006),
– having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(2),
– having regard to Rules 80, 51 and 43 of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A6-0321/2006),
1. Approves the Commission proposal;
2. Instructs its President to forward its position to the Council and the Commission.
European Parliament legislative resolution on the proposal for a Council directive on control of San José Scale (Codified version) (COM(2006)0123 – C6-0136/2006 – 2006/0040(CNS))
– having regard to the Commission proposal to the Council (COM(2006)0123)(1),
– having regard to Articles 37 and 94 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0136/2006),
– having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts(2),
– having regard to Rules 80, 51 and 43 of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A6-0322/2006),
1. Approves the Commission proposal;
2. Instructs its President to forward its position to the Council and the Commission.
European Parliament legislative resolution on the proposal for a Council regulation on glucose and lactose (Codified version) (COM(2006)0116 – C6-0135/2006 – 2006/0038(CNS))
– having regard to the Commission proposal to the Council (COM(2006)0116)(1),
– having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0135/2006),
– having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(2),
– having regard to Rules 80, 51 and 43 of its Rules of Procedure,
– having regard to the report of the Committee on Legal Affairs (A6-0320/2006),
1. Approves the Commission proposal;
2. Instructs its President to forward its position to the Council and the Commission.
– having regard to its decision of 14 December 2004 on the verification of credentials(1) and notably paragraph 6 thereof,
– having regard to the letter from its Secretary General dated 15 February 2005,
– having regard to Rules 201 and 202 of its Rules of Procedure,
– having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Legal Affairs (A6-0274/2006),
1. Decides to amend its Rules of Procedure as shown below;
2. Points out that these amendments will enter into force on the first day of the next part-session pursuant to Rule 202(3) of its Rules of Procedure;
3. Instructs its President to forward this decision to the Council and Commission, for information.
Present text
Amendments
Amendment 1 Rule 3, paragraph -1 (new)
-1.Following elections to the European Parliament, the President shall invite the competent authorities of the Member States to notify Parliament without delay of the names of the elected Members so that all Members may take their seats in Parliament with effect from the opening of the first sitting following the elections.
At the same time, the President shall draw the attention of those authorities to the relevant provisions of the Act of 20 September 1976 and invite them to take the necessary measures to avoid any incompatibility with the office of Member of the European Parliament. (The current Rule 3(6) is deleted.)
Amendment 2 Rule 3, paragraph -1 a (new)
-1a. Every Member whose election has been notified to Parliament shall make a written declaration, before taking his seat in Parliament, that he does not hold any office incompatible with that of Member of the European Parliament within the meaning of Article 7(1) or (2) of the Act of 20 September 1976. Following general elections, this declaration shall be made where possible no later than six days prior to Parliament's constitutive sitting. Until such time as a Member's credentials have been verified or a ruling has been given on any dispute, and provided that he has previously signed the above-mentioned written declaration, the Member shall take his seat in Parliament and on its bodies and shall enjoy all the rights attaching thereto.
Where it is established from facts verifiable from sources available to the public that a Member holds an office incompatible with that of Member of the European Parliament, within the meaning of Article 7(1) and (2) of the Act of 20 September 1976, Parliament, upon information provided by its President, shall establish that there is a vacancy. (The current Rule 3(5) is deleted.)
Amendment 3 Rule 3, paragraph 2, subparagraph 2
It shall not be possible to confirm the validity of the mandate of a Member unless the written declarations required on the basis of Article 7 of the Act of 20 September 1976 and Annex I to these Rules have been made.
It shall not be possible to confirm the validity of the mandate of a Member unless the written declarations required under this Rule and Annex I to these Rules have been made.
Amendment 4 Rule 4, paragraph 4
4. Incompatibilities resulting from national legislation shall be notified to Parliament, which shall take note thereof.
4. Where the competent authority of a Member State notifies the President of the end of the term of office of a Member of the European Parliament pursuant to the provisions of the law of that Member State, as a result either of incompatibilities within the meaning of Article 7(3) of the Act of 20 September 1976 or withdrawal of the mandate pursuant to Article 13(3) of that Act, the President shall inform Parliament that the mandate ended on the date communicated by the Member State and invite the Member State to fill the vacant seat without delay.
Where the competent authorities of the Member States or of the Union or the Member concerned notify the President of an appointment to an office incompatible with the office of Member of the European Parliament, the President shall inform Parliament, which shall establish that there is a vacancy.
Where the competent authorities of the Member States or of the Union or the Member concerned notify the President of an appointment or election to an office incompatible with the office of Member of the European Parliament within the meaning of Article 7(1) or (2) of the Act of 20 September 1976, the President shall inform Parliament, which shall establish that there is a vacancy.
Amendment 5 Rule 4, paragraph 6, indent 2
- in the event of appointment to an office incompatible with the office of a Member of the European Parliament, either in respect of national electoral law, or in respect of Article 7 of the Act of 20 September 1976: the date notified by the competent authorities of the Member States or of the Union or by the Member concerned.
- in the event of appointment or election to an office incompatible with the office of Member of the European Parliament within the meaning of Article 7(1) or (2) of the Act of 20 September 1976: the date notified by the competent authorities of the Member States or of the Union or by the Member concerned.
Amendment 6 Rule 4, paragraph 7
7. When Parliament has established that a vacancy exists, it shall inform the Member State concerned thereof.
7. When Parliament has established that a vacancy exists, it shall inform the Member State concerned thereof and invite it to fill the seat without delay.
Amendment 7 Rule 11, interpretation
If a question relating to the verification of credentials is raised when the oldest Member is in the Chair, he shall refer the matter to the committee responsible for the verification of credentials.
The oldest Member shall exercise the powers of the President referred to in the second subparagraph of Rule 3(-1a). Any other matter relating to the verification of credentials that is raised when the oldest Member is in the Chair shall be referred to the committee responsible for the verification of credentials.
The basic salaries and allowances applicable to Europol staff *
198k
33k
European Parliament legislative resolution on the initiative by the Republic of Austria for adoption of a Council decision adjusting the basic salaries and allowances applicable to Europol staff (5417/2006 – C6-0072/2006 – 2006/0803(CNS))
– having regard to the initiative by the Republic of Austria (5417/2006)(1),
– having regard to Article 44 of the Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees (hereinafter referred to as the "staff regulations"),
– having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0072/2006),
– having regard to the Commission Communication to the European Parliament and the Council - Democratic Control over Europol (COM(2002)0095),
– having regard to its recommendation to the Council of 30 May 2002 on the future development of Europol and its automatic incorporation into the institutional system of the European Union(2),
– having regard to its recommendation to the Council of 10 April 2003 on the future development of Europol(3),
– having regard to its position of 7 July 2005 on the initiative by the Grand Duchy of Luxembourg with a view to adopting a Council decision adjusting the basic salaries and allowances applicable to Europol staff(4),
– having regard to Rules 93 and 51 of its Rules of Procedure,
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0278/2006)
A. whereas Parliament has not been consulted on, or informed of, any of the operational and organisational measures concerning Europol or Europol's current activities and future programmes in response to the needs of the EU and the Member States; whereas this lack of information makes it impossible for Parliament to assess the relevance and adequacy of the proposed decision; whereas the conversion of Europol into an EU agency is urgently necessary in order to improve transparency and supervision and by blocking progress in this regard, the Council is failing to shoulder its responsibilities,
1. Rejects the initiative by the Republic of Austria;
2. Calls on the Republic of Austria to withdraw its initiative;
3. Instructs its President to forward its position to the Council and Commission, and the government of the Republic of Austria.
European Parliament legislative resolution on the initiative by the Republic of Austria with a view to the adoption of a Council Act amending Europol's Staff Regulations (5428/2006 – C6-0073/2006 – 2006/0804(CNS))
– having regard to the initiative by the Republic of Austria (5428/2006)(1),
– having regard to Article 44 of the Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees (hereinafter referred to as the 'staff regulations'),
– having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0073/2006),
– having regard to the Commission Communication to the European Parliament and the Council - Democratic Control over Europol (COM(2002)0095),
– having regard to its recommendation to the Council of 30 May 2002 on the future development of Europol and its automatic incorporation into the institutional system of the European Union(2),
– having regard to its recommendation to the Council of 10 April 2003 on the future development of Europol(3),
– having regard to its position of 7 July 2005 on the initiative by the Grand Duchy of Luxembourg with a view to adopting a Council decision adjusting the basic salaries and allowances applicable to Europol staff(4) ,
– having regard to Rules 93 and 51 of its Rules of Procedure,
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0279/2006),
A. whereas Parliament has not been consulted on, or informed of, any of the operational and organisational measures concerning Europol or Europol's current activities and future programmes in response to the needs of the EU and the Member States; whereas this lack of information makes it impossible for Parliament to assess the relevance and adequacy of the proposed decision; whereas the conversion of Europol into an EU agency is urgently necessary in order to improve transparency and supervision and by blocking progress in this regard, the Council is failing to shoulder its responsibilities;
1. Rejects the initiative by the Republic of Austria;
2. Calls on the Republic of Austria to withdraw its initiative;
3. Instructs its President to forward its position to the Council and Commission, and the government of the Republic of Austria.
European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (COM(2006)0039 – C6-0041/2006 – 2006/0011(COD))
– having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0039)(1),
– having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0041/2006),
– having regard to Rule 51 of its Rules of Procedure,
– having regard to the report of the Committee on Economic and Monetary Affairs (A6-0247/2006),
1. Approves the Commission proposal as amended;
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 and the Commission.
Position of the European Parliament adopted at first reading on 12 October 2006 with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Central Bank(2),
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) Council Regulation (EEC) No 3037/90(4) established the statistical classification of economic activities in the European Community (hereinafter referred to as "NACE Rev. 1" or "NACE Rev. 1.1").
(2) In order to reflect the technological development and structural changes of the economy, an up-to-date classification, called NACE Revision 2, should be established (hereinafter referred to as "NACE Rev. 2").
(3) An up-to-date classification such as NACE Rev. 2 is central to the Commission's ongoing efforts to modernise the production of Community statistics; it is expected to contribute, through more comparable and relevant data, to better economic governance at both Community and national level.
(4) In order to function, the internal market requires statistical standards applicable to the collection, transmission and publication of national and Community statistics so that businesses, financial institutions, governments and all other operators in the internal market can have access to reliable and comparable statistical data. To this end, it is vital that the various categories for classifying activities in the Community be interpreted uniformly in all the Member States.
(5) Reliable and comparable statistics are necessary to enable businesses to assess their competitiveness, and are useful to the Community institutions in preventing distortions of competition.
(6) The establishment of a revised common statistical classification of economic activities does not oblige Member States to collect, publish or supply data. Only if the Member States use activity classifications linked to the Community classification is it possible to provide integrated information with the reliability, speed, flexibility and degree of detail required for the management of the internal market.
(7) Provision should be made for the Member States to be able, in order to meet national requirements, to integrate into their national classifications additional categories based on the statistical classification of economic activities in the Community.
(8) The international comparability of economic statistics requires that the Member States and the Community institutions use classifications of economic activities which are directly linked to the International Standard Industrial Classification of all economic activities (ISIC) Rev. 4, as adopted by the Statistical Commission of the United Nations.
(9) Use of the classification of economic activities in the Community requires that the Commission be assisted by the Statistical Programme Committee set up by Council Decision 89/382/EEC, Euratom(5) in particular as regards: the examination of problems arising from implementation of NACE Rev. 2; ensuring a fully coordinated transition from NACE Rev. 1 to NACE Rev. 2; and, the preparation of future amendments to NACE Rev. 2.
(10) Council Regulation (EEC) No 2186/93(6) established a common framework for setting up statistical business registers with harmonised definitions, characteristics, scope and updating procedures.
(11) The establishment of a revised statistical classification of economic activities makes it necessary to modify specifically various references to NACE Rev. 1 as well as to amend a number of relevant instruments. It is therefore necessary to amend the following instruments: Regulation (EEC) No 3037/90; Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production(7); Council Regulation (EC, Euratom) No 58/97 of 20 December 1996 concerning structural business statistics(8); Council Regulation (EC) No 1165/98 of 19 May 1998 concerning short term statistics(9); Council Regulation (EC) No 1172/98 of 25 May 1998 on statistical returns in respect of the carriage of goods by road(10); Council Regulation (EC) No 530/1999 of 9 March 1999 concerning structural statistics on earnings and on labour costs(11); Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics(12); Regulation (EC) No 450/2003 of the European Parliament and of the Council of 27 February 2003 concerning the labour cost index(13); Regulation (EC) No 48/2004 of the European Parliament and of the Council of 5 December 2003 on the production of annual Community statistics on the steel industry for the reference years 2003-2009(14); Regulation (EC) No 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society(15); and, Regulation (EC) No 1552/2005 of the European Parliament and of the Council of 7 September 2005 on statistics relating to vocational training in enterprises(16).
(12) A number of Community instruments need to be amended, according to the specific procedures applicable to them, before transition to NACE Rev. 2, namely: Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community(17); Regulation (EC) No 138/2004 of the European Parliament and of the Council of 5 December 2003 on the economic accounts for agriculture in the Community(18); and Regulation (EC) No 184/2005 of the European Parliament and the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment(19).
(13) The measures necessary for the implementation of this Regulation 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(20).
(14) In particular, power should be conferred on the Commission to amend or supplement NACE Rev. 2 in order to take account of technological or economic developments or to align it with other economic and social classifications. Since these measures are of general scope and designed to amend non-essential elements of this Regulation or to supplement this Regulation by the addition of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
(15) Since the objective of this Regulation, namely the creation of common statistical standards that permit the production of harmonised data, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.
(16) The Statistical Programme Committee has been consulted,
HAVE ADOPTED THIS REGULATION:
SECTION I
GENERAL PROVISIONS
Article 1
Subject matter and scope
1. This Regulation establishes a common statistical classification of economic activities in the European Community, hereinafter referred to as "NACE Rev. 2". This classification ensures that Community classifications are relevant to the economic reality and enhances the comparability of national, Community and international classifications and, hence, of national, Community and international statistics.
2. This Regulation shall apply only to the use of the classification for statistical purposes.
Article 2
NACE Rev. 2
1. NACE Rev. 2 shall include:
a)
a first level consisting of headings identified by an alphabetical code (sections);
b)
a second level consisting of headings identified by a two-digit numerical code (divisions);
c)
a third level consisting of headings identified by a three-digit numerical code (groups); and
d)
a fourth level consisting of headings identified by a four-digit numerical code (classes).
2. NACE Rev. 2 is set out in Annex I.
Article 3
Use of NACE Rev. 2
The Commission shall use NACE Rev. 2 for all statistics classified according to economic activities.
Article 4
National classifications of economic activities
1. Member States' statistics presented according to economic activities shall be produced using NACE Rev. 2 or a national classification derived therefrom.
2. The national classification may introduce additional headings and levels and a different coding may be used. Each of the levels, except for the highest, shall consist of either the same headings as the corresponding NACE Rev. 2 level or headings constituting an exact breakdown thereof.
3. Member States shall forward to the Commission, for its approval prior to their publication, the drafts defining or modifying their national classifications. The Commission shall check the conformity of these drafts with paragraph 2 within two months. The Commission shall transmit the approved national classification to the other Member States for information. The Member States' national classifications shall include a table of correspondence between the national classifications and NACE Rev. 2.
4. In the event of incompatibility between certain NACE Rev. 2 headings and the national economic structure, the Commission may authorise a Member State to use an aggregation of NACE Rev. 2 headings in a specific sector.
To obtain such an authorisation, the Member State concerned must provide the Commission with all the necessary information to consider its request. The Commission shall decide within three months.
However, notwithstanding the provisions of paragraph 2, such an authorisation shall not entitle the Member State concerned to subdivide the aggregated headings in a way different from NACE Rev. 2.
5. The Commission shall, together with the Member State concerned, periodically review the authorisations granted under paragraph 4 to verify whether they remain justified.
Article 5
Commission activities
The Commission, in cooperation with the Member States, shall ensure the dissemination, maintenance and promotion of NACE Rev. 2, in particular by:
a)
drafting, updating and publishing explanatory notes for NACE Rev. 2;
b)
drawing up and publishing guidelines for classifying statistical units in accordance with NACE Rev. 2;
c)
publishing correspondence tables between NACE Rev. 1.1 and NACE Rev. 2 and between NACE Rev. 2 and NACE Rev. 1.1; and
d)
working to improve consistency with other social and economic classifications.
Article 6
Implementing measures
1. The following measures for implementing NACE Rev. 2 shall be adopted in accordance with the regulatory procedure referred to in Article 7(2):
a)
decisions required in case of problems arising from implementation of NACE Rev. 2, including the assignment of economic activities to specific classes; and
b)
technical measures ensuring a fully coordinated transition from NACE Rev. 1.1 to NACE Rev. 2, especially with respect to issues related to breaks in time series, including double reporting and back-casting of time series.
2. Measures relating to NACE Rev. 2 with a view to amending or supplementing non-essential elements of this Regulation, which are designed for the following purposes, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3):
a)
to take account of technological or economic developments; or
b)
to align it with other economic and social classifications.
3. Consideration shall be given to the principle that the benefits of updating NACE Rev. 2 must outweigh its costs, and to the principle that additional costs and burdens remain within a reasonable limit.
Article 7
Committee
1. The Commission shall be assisted by the Statistical Programme Committee, established by Decision 89/382/EEC, Euratom.
2. Where reference is made to this paragraph, the procedure laid down in Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. Where reference is made to this paragraph, the procedure laid down in Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 8
Implementation of NACE Rev. 2
1. Statistical units referred to in business registers, as set up according to Regulation (EEC) No 2186/93, shall be classified according to NACE Rev. 2.
2. Statistics referring to economic activities performed from 1 January 2008 onwards shall be produced by Member States using NACE Rev. 2 or with a national classification derived therefrom pursuant to Article 4.
3. By way of derogation from paragraph 2, short-term statistics governed by Regulation (EC) No 1165/98 and the labour-cost index governed by Regulation (EC) No 450/2003 shall be produced using NACE Rev. 2 from 1 January 2009.
4. The provision of paragraph 2 shall not apply for the production of the following statistics:
a)
national accounts statistics under Regulation (EC) No 2223/96;
b)
economic accounts for agriculture under Regulation (EC) No 138/2004; and
c)
statistics concerning balance of payments, international trade in services and foreign direct investment under Regulation (EC) No 184/2005.
SECTION II
AMENDMENTS TO RELATED ACTS
Article 9
Amendments to Regulation (EEC) No 3037/90
Articles 3, 10, and 12 of Regulation (EEC) No 3037/90 shall be deleted.
Article 10
Amendments to Regulation (EEC) No 3924/91
Regulation (EEC) No 3924/91 is hereby amended as follows:
(1) "NACE Rev. 1" shall be replaced by "NACE Rev. 2" throughout the text.
(2) Article 2(1) shall be replaced by the following:
"
1. The field covered by the survey referred to in Article 1 shall be that of the activities in sections B and C of the classification of economic activities in the European Community (NACE Rev. 2).
"
Article 11
Amendments to Regulation (EC, Euratom) No 58/97
Regulation (EC, Euratom) No 58/97 is hereby amended as follows:
(1) "NACE Rev. 1" shall be replaced by "NACE Rev. 2" throughout the text and annexes with the exception of Annex 1, Section 10 "Reports and pilot studies", Annex 3, Section 5 "First reference year" and Annex 3, Section 9 "Reports and pilot studies" where the reference to "NACE Rev. 1" is maintained.
(2) Article 3(1) shall be replaced by the following:
"
1. This Regulation shall cover all market activities in Sections B to N and P to S of the statistical classification of economic activities in the European Community (NACE Rev. 2).
"
(3) The Annexes shall be amended in accordance with Annex II to this Regulation.
Article 12
Amendment to Regulation (EC) No 1165/98
Regulation (EC) No 1165/98 is hereby amended as follows:
(1) Article 2(1) shall be replaced by the following:
"
1. This Regulation shall apply to all market activities in Sections B to N and P to S of the statistical classification of economic activities in the European Community (NACE Rev. 2).
"
(2) In Article 17, the following points shall be added:
"
k)
the first base year to be applied for time series in NACE Rev. 2;
l)
for time series prior to 2009, to be transmitted according to NACE Rev. 2, the level of detail, the form, the first reference period, and the reference period.
"
(3) The Annexes shall be amended in accordance with Annex III to this Regulation.
Article 13
Amendment to Regulation (EC) No 1172/98
In Regulation (EC) No 1172/98, the terms: "NACE Rev. 1" and "NACE Rev. 1.1" shall be replaced by "NACE Rev. 2" throughout the text and the annexes.
Article 14
Amendment to Regulation (EC) No 530/1999
Regulation (EC) No 530/1999 is hereby amended as follows:
(1) "NACE Rev. 1" shall be replaced by "NACE Rev. 2" throughout the text.
(2) In Article 3:
a)
paragraph 1 shall be replaced by the following:" 1. The statistics shall cover all economic activities defined in sections B (Mining and quarrying), C (Manufacturing), D (Electricity, gas, steam and air conditioning supply), E (Water supply; sewerage, waste management and remediation activities), F (Construction), G (Wholesale and retail trade; repair of motor vehicles and motorcycles), H (Transportation and storage), I (Accommodation and food service activities), J (Information and communication activities), K (Financial and insurance activities), L (Real estate activities), M (Professional, scientific and technical activities), N (Administrative and support service activities), P (Education), Q (Human health and social work activities), R (Arts, entertainment and recreation activities) and S (Other service activities) of the statistical classification of economic activities in the European Community (NACE Rev. 2)."
b)
paragraph 2 shall be deleted.
Article 15
Amendment to Regulation (EC) No 2150/2002
Regulation (EC) No 2150/2002 is hereby amended as follows:
(1) "NACE Rev. 1" and "NACE Rev. 1.1" shall be replaced by "NACE Rev. 2" throughout the text and annexes.
(2) Annex I to Regulation (EC) No 2150/2002 shall be amended in accordance with Annex IV to this Regulation.
Article 16
Amendment to Regulation (EC) No 450/2003
Regulation (EC) No 450/2003 is hereby amended as follows:
(1) "NACE Rev. 1" shall be replaced by "NACE Rev. 2" throughout the text.
(2) Article 3 shall be replaced by the following:
"
Article 3 – Scope
1. This Regulation shall apply to all activities defined in sections B to S of NACE Rev. 2.
2. The inclusion of economic activities defined by NACE Rev. 2 sections O to S in the scope of this Regulation shall be determined in accordance with the procedure referred to in Article 12(2), taking into account the feasibility studies defined in Article 10.
"
(3) Article 5 shall be replaced by the following:
"
Article 5 – Frequency and back data
1. The data for the LCI shall first be compiled according to NACE Rev. 2 for the first quarter of 2009, and thereafter for each quarter (ending on 31 March, 30 June, 30 September and 31 December of each year).
2. Back data from the first quarter of 2000 to the fourth quarter of 2008 shall be made available by the Member States. The back data shall be provided for each of the NACE Rev. 2 sections B to N and for the labour cost items mentioned in Article 4(1).
"
(4) Article 6(3) shall be replaced by the following:
"
3. The back data referred to in Article 5 shall be transmitted to the Commission (Eurostat) at the same time as the LCI for the first quarter of 2009.
"
(5) In Article 11 point (c) shall be replaced by the following:
"
c)
inclusion of NACE Rev. 2 sections O to S (Article 3);
"
Article 17
Amendment to Regulation (EC) No 48/2004
The first paragraph of Article 3 of Regulation (EC) No 48/2004 shall be replaced by the following:
"
This Regulation shall cover data on the steel industry, which is defined as group 24.1 of the statistical classification of economic activities in the European Community (NACE Rev. 2).
"
Article 18
Amendment to Regulation (EC) No 808/2004
Annex I to Regulation (EC) No 808/2004 shall be amended in accordance with Annex V to this Regulation.
Article 19
Amendment to Regulation (EC) No 1552/2005
Regulation (EC) No 1552/2005 is hereby amended as follows:
(1) "NACE Rev. 1.1" shall be replaced by "NACE Rev. 2" throughout the text.
(2) Article 2(2) shall be deleted.
(3) Article 4 shall be replaced by the following:
"
Article 4 - Scope of statistics
The statistics on the vocational training in enterprises shall cover at least all economic activities defined in sections B to N and R to S of NACE Rev. 2.
"
SECTION III
FINAL PROVISIONS
Article 20
Transitional provisions
When complying with the requirements of Regulation (EC, Euratom) No 58/97, Member States shall transmit to the Commission (Eurostat) structural business statistics referring to the calendar year 2008 according to both NACE Rev. 1.1 and NACE Rev. 2.
For each of the Annexes to Regulation (EC, Euratom) No 58/97, the list of characteristics and the required breakdowns to be transmitted according to NACE Rev.1.1 shall be decided in accordance with the procedure laid down in Article 13 of that Regulation.
Article 21
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at ...
For the European Parliament For the Council
The President The President
ANNEX I
NACE Rev. 2
n.e.c. : not elsewhere classified
* part of
Division
Group
Class
ISIC
Rev. 4
SECTION A – AGRICULTURE, FORESTRY AND FISHING
01
Crop and animal production, hunting and related service activities
01.1
Growing of non-perennial crops
01.11
Growing of cereals (except rice), leguminous crops and oil seeds
0111
01.12
Growing of rice
0112
01.13
Growing of vegetables and melons, roots and tubers
0113
01.14
Growing of sugar cane
0114
01.15
Growing of tobacco
0115
01.16
Growing of fibre crops
0116
01.19
Growing of other non-perennial crops
0119
01.2
Growing of perennial crops
01.21
Growing of grapes
0121
01.22
Growing of tropical and subtropical fruits
0122
01.23
Growing of citrus fruits
0123
01.24
Growing of pome fruits and stone fruits
0124
01.25
Growing of other tree and bush fruits and nuts
0125
01.26
Growing of oleaginous fruits
0126
01.27
Growing of beverage crops
0127
01.28
Growing of spices, aromatic, drug and pharmaceutical crops
0128
01.29
Growing of other perennial crops
0129
01.3
Plant propagation
01.30
Plant propagation
0130
01.4
Animal production
01.41
Raising of dairy cattle
0141*
01.42
Raising of other cattle and buffaloes
0141*
01.43
Raising of horses and other equines
0142
01.44
Raising of camels and camelids
0143
01.45
Raising of sheep and goats
0144
01.46
Raising of swine/pigs
0145
01.47
Raising of poultry
0146
01.49
Raising of other animals
0149
01.5
Mixed farming
01.50
Mixed farming
0150
01.6
Support activities to agriculture and post-harvest crop activities
01.61
Support activities for crop production
0161
01.62
Support activities for animal production
0162
01.63
Post-harvest crop activities
0163
01.64
Seed processing for propagation
0164
01.7
Hunting, trapping and related service activities
01.70
Hunting, trapping and related service activities
0170
02
Forestry and logging
02.1
Silviculture and other forestry activities
02.10
Silviculture and other forestry activities
0210
02.2
Logging
02.20
Logging
0220
02.3
Gathering of wild growing non-wood products
02.30
Gathering of wild growing non-wood products
0230
02.4
Support services to forestry
02.40
Support services to forestry
0240
03
Fishing and aquaculture
03.1
Fishing
03.11
Marine fishing
0311
03.12
Freshwater fishing
0312
03.2
Aquaculture
03.21
Marine aquaculture
0321
03.22
Freshwater aquaculture
0322
SECTION B – MINING AND QUARRYING
05
Mining of coal and lignite
05.1
Mining of hard coal
05.10
Mining of hard coal
0510
05.2
Mining of lignite
05.20
Mining of lignite
0520
06
Extraction of crude petroleum and natural gas
06.1
Extraction of crude petroleum
06.10
Extraction of crude petroleum
0610
06.2
Extraction of natural gas
06.20
Extraction of natural gas
0620
07
Mining of metal ores
07.1
Mining of iron ores
07.10
Mining of iron ores
0710
07.2
Mining of non-ferrous metal ores
07.21
Mining of uranium and thorium ores
0721
07.29
Mining of other non-ferrous metal ores
0729
08
Other mining and quarrying
08.1
Quarrying of stone, sand and clay
08.11
Quarrying of ornamental and building stone, limestone, gypsum, chalk and slate
0810*
08.12
Operation of gravel and sand pits; mining of clays and kaolin
0810*
08.9
Mining and quarrying n.e.c.
08.91
Mining of chemical and fertiliser minerals
0891
08.92
Extraction of peat
0892
08.93
Extraction of salt
0893
08.99
Other mining and quarrying n.e.c.
0899
09
Mining support service activities
09.1
Support activities for petroleum and natural gas extraction
09.10
Support activities for petroleum and natural gas extraction
0910
09.9
Support activities for other mining and quarrying
09.90
Support activities for other mining and quarrying
0990
SECTION C – MANUFACTURING
10
Manufacture of food products
10.1
Processing and preserving of meat and production of meat products
10.11
Processing and preserving of meat
1010*
10.12
Processing and preserving of poultry meat
1010*
10.13
Production of meat and poultry meat products
1010*
10.2
Processing and preserving of fish, crustaceans and molluscs
10.20
Processing and preserving of fish, crustaceans and molluscs
1020
10.3
Processing and preserving of fruit and vegetables
10.31
Processing and preserving of potatoes
1030*
10.32
Manufacture of fruit and vegetable juice
1030*
10.39
Other processing and preserving of fruit and vegetables
1030*
10.4
Manufacture of vegetable and animal oils and fats
10.41
Manufacture of oils and fats
1040*
10.42
Manufacture of margarine and similar edible fats
1040*
10.5
Manufacture of dairy products
10.51
Operation of dairies and cheese making
1050*
10.52
Manufacture of ice cream
1050*
10.6
Manufacture of grain mill products, starches and starch products
10.61
Manufacture of grain mill products
1061
10.62
Manufacture of starches and starch products
1062
10.7
Manufacture of bakery and farinaceous products
10.71
Manufacture of bread; manufacture of fresh pastry goods and cakes
1071*
10.72
Manufacture of rusks and biscuits; manufacture of preserved pastry goods and cakes
1071*
10.73
Manufacture of macaroni, noodles, couscous and similar farinaceous products
1074
10.8
Manufacture of other food products
10.81
Manufacture of sugar
1072
10.82
Manufacture of cocoa, chocolate and sugar confectionery
1073
10.83
Processing of tea and coffee
1079*
10.84
Manufacture of condiments and seasonings
1079*
10.85
Manufacture of prepared meals and dishes
1075
10.86
Manufacture of homogenised food preparations and dietetic food
1079*
10.89
Manufacture of other food products n.e.c.
1079*
10.9
Manufacture of prepared animal feeds
10.91
Manufacture of prepared feeds for farm animals
1080*
10.92
Manufacture of prepared pet foods
1080*
11
Manufacture of beverages
11.0
Manufacture of beverages
11.01
Distilling, rectifying and blending of spirits
1101
11.02
Manufacture of wine from grape
1102*
11.03
Manufacture of cider and other fruit wines
1102*
11.04
Manufacture of other non-distilled fermented beverages
1102*
11.05
Manufacture of beer
1103*
11.06
Manufacture of malt
1103*
11.07
Manufacture of soft drinks; production of mineral waters and other bottled waters
1104
12
Manufacture of tobacco products
12.0
Manufacture of tobacco products
12.00
Manufacture of tobacco products
1200
13
Manufacture of textiles
13.1
Preparation and spinning of textile fibres
13.10
Preparation and spinning of textile fibres
1311
13.2
Weaving of textiles
13.20
Weaving of textiles
1312
13.3
Finishing of textiles
13.30
Finishing of textiles
1313
13.9
Manufacture of other textiles
13.91
Manufacture of knitted and crocheted fabrics
1391
13.92
Manufacture of made-up textile articles, except apparel
1392
13.93
Manufacture of carpets and rugs
1393
13.94
Manufacture of cordage, rope, twine and netting
1394
13.95
Manufacture of non-wovens and articles made from non-wovens, except apparel
1399*
13.96
Manufacture of other technical and industrial textiles
1399*
13.99
Manufacture of other textiles n.e.c.
1399*
14
Manufacture of wearing apparel
14.1
Manufacture of wearing apparel, except fur apparel
14.11
Manufacture of leather clothes
1410*
14.12
Manufacture of workwear
1410*
14.13
Manufacture of other outerwear
1410*
14.14
Manufacture of underwear
1410*
14.19
Manufacture of other wearing apparel and accessories
1410*
14.2
Manufacture of articles of fur
14.20
Manufacture of articles of fur
1420
14.3
Manufacture of knitted and crocheted apparel
14.31
Manufacture of knitted and crocheted hosiery
1430*
14.39
Manufacture of other knitted and crocheted apparel
1430*
15
Manufacture of leather and related products
15.1
Tanning and dressing of leather; manufacture of luggage, handbags, saddlery and harness; dressing and dyeing of fur
15.11
Tanning and dressing of leather; dressing and dyeing of fur
1511
15.12
Manufacture of luggage, handbags and the like, saddlery and harness
1512
15.2
Manufacture of footwear
15.20
Manufacture of footwear
1520
16
Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials
16.1
Sawmilling and planing of wood
16.10
Sawmilling and planing of wood
1610
16.2
Manufacture of products of wood, cork, straw and plaiting materials
16.21
Manufacture of veneer sheets and wood-based panels
1621
16.22
Manufacture of assembled parquet floors
1622*
16.23
Manufacture of other builders' carpentry and joinery
1622*
16.24
Manufacture of wooden containers
1623
16.29
Manufacture of other products of wood; manufacture of articles of cork, straw and plaiting materials
1629
17
Manufacture of paper and paper products
17.1
Manufacture of pulp, paper and paperboard
17.11
Manufacture of pulp
1701*
17.12
Manufacture of paper and paperboard
1701*
17.2
Manufacture of articles of paper and paperboard
17.21
Manufacture of corrugated paper and paperboard and of containers of paper and paperboard
1702
17.22
Manufacture of household and sanitary goods and of toilet requisites
1709*
17.23
Manufacture of paper stationery
1709*
17.24
Manufacture of wallpaper
1709*
17.29
Manufacture of other articles of paper and paperboard
1709*
18
Printing and reproduction of recorded media
18.1
Printing and service activities related to printing
18.11
Printing of newspapers
1811*
18.12
Other printing
1811*
18.13
Pre-press and pre-media services
1812*
18.14
Binding and related services
1812*
18.2
Reproduction of recorded media
18.20
Reproduction of recorded media
1820
19
Manufacture of coke and refined petroleum products
19.1
Manufacture of coke oven products
19.10
Manufacture of coke oven products
1910
19.2
Manufacture of refined petroleum products
19.20
Manufacture of refined petroleum products
1920
20
Manufacture of chemicals and chemical products
20.1
Manufacture of basic chemicals, fertilisers and nitrogen compounds, plastics and synthetic rubber in primary forms
20.11
Manufacture of industrial gases
2011*
20.12
Manufacture of dyes and pigments
2011*
20.13
Manufacture of other inorganic basic chemicals
2011*
20.14
Manufacture of other organic basic chemicals
2011*
20.15
Manufacture of fertilisers and nitrogen compounds
2012
20.16
Manufacture of plastics in primary forms
2013*
20.17
Manufacture of synthetic rubber in primary forms
2013*
20.2
Manufacture of pesticides and other agrochemical products
20.20
Manufacture of pesticides and other agrochemical products
2021
20.3
Manufacture of paints, varnishes and similar coatings, printing ink and mastics
20.30
Manufacture of paints, varnishes and similar coatings, printing ink and mastics
2022
20.4
Manufacture of soap and detergents, cleaning and polishing preparations, perfumes and toilet preparations
20.41
Manufacture of soap and detergents, cleaning and polishing preparations
2023*
20.42
Manufacture of perfumes and toilet preparations
2023*
20.5
Manufacture of other chemical products
20.51
Manufacture of explosives
2029*
20.52
Manufacture of glues
2029*
20.53
Manufacture of essential oils
2029*
20.59
Manufacture of other chemical products n.e.c.
2029*
20.6
Manufacture of man-made fibres
20.60
Manufacture of man-made fibres
2030
21
Manufacture of basic pharmaceutical products and pharmaceutical preparations
21.1
Manufacture of basic pharmaceutical products
21.10
Manufacture of basic pharmaceutical products
2100*
21.2
Manufacture of pharmaceutical preparations
21.20
Manufacture of pharmaceutical preparations
2100*
22
Manufacture of rubber and plastic products
22.1
Manufacture of rubber products
22.11
Manufacture of rubber tyres and tubes; retreading and rebuilding of rubber tyres
2211
22.19
Manufacture of other rubber products
2219
22.2
Manufacture of plastics products
22.21
Manufacture of plastic plates, sheets, tubes and profiles
2220*
22.22
Manufacture of plastic packing goods
2220*
22.23
Manufacture of builders' ware of plastic
2220*
22.29
Manufacture of other plastic products
2220*
23
Manufacture of other non-metallic mineral products
23.1
Manufacture of glass and glass products
23.11
Manufacture of flat glass
2310*
23.12
Shaping and processing of flat glass
2310*
23.13
Manufacture of hollow glass
2310*
23.14
Manufacture of glass fibres
2310*
23.19
Manufacture and processing of other glass, including technical glassware
2310*
23.2
Manufacture of refractory products
23.20
Manufacture of refractory products
2391
23.3
Manufacture of clay building materials
23.31
Manufacture of ceramic tiles and flags
2392*
23.32
Manufacture of bricks, tiles and construction products, in baked clay
2392*
23.4
Manufacture of other porcelain and ceramic products
23.41
Manufacture of ceramic household and ornamental articles
2393*
23.42
Manufacture of ceramic sanitary fixtures
2393*
23.43
Manufacture of ceramic insulators and insulating fittings
2393*
23.44
Manufacture of other technical ceramic products
2393*
23.49
Manufacture of other ceramic products
2393*
23.5
Manufacture of cement, lime and plaster
23.51
Manufacture of cement
2394*
23.52
Manufacture of lime and plaster
2394*
23.6
Manufacture of articles of concrete, cement and plaster
23.61
Manufacture of concrete products for construction purposes
2395*
23.62
Manufacture of plaster products for construction purposes
2395*
23.63
Manufacture of ready-mixed concrete
2395*
23.64
Manufacture of mortars
2395*
23.65
Manufacture of fibre cement
2395*
23.69
Manufacture of other articles of concrete, plaster and cement
2395*
23.7
Cutting, shaping and finishing of stone
23.70
Cutting, shaping and finishing of stone
2396
23.9
Manufacture of abrasive products and non-metallic mineral products n.e.c.
23.91
Production of abrasive products
2399*
23.99
Manufacture of other non-metallic mineral products n.e.c.
2399*
24
Manufacture of basic metals
24.1
Manufacture of basic iron and steel and of ferro-alloys
24.10
Manufacture of basic iron and steel and of ferro-alloys
2410*
24.2
Manufacture of tubes, pipes, hollow profiles and related fittings, of steel
24.20
Manufacture of tubes, pipes, hollow profiles and related fittings, of steel
2410*
24.3
Manufacture of other products of first processing of steel
24.31
Cold drawing of bars
2410*
24.32
Cold rolling of narrow strip
2410*
24.33
Cold forming or folding
2410*
24.34
Cold drawing of wire
2410*
24.4
Manufacture of basic precious and other non-ferrous metals
24.41
Precious metals production
2420*
24.42
Aluminium production
2420*
24.43
Lead, zinc and tin production
2420*
24.44
Copper production
2420*
24.45
Other non-ferrous metal production
2420*
24.46
Processing of nuclear fuel
2420*
24.5
Casting of metals
24.51
Casting of iron
2431*
24.52
Casting of steel
2431*
24.53
Casting of light metals
2432*
24.54
Casting of other non-ferrous metals
2432*
25
Manufacture of fabricated metal products, except machinery and equipment
25.1
Manufacture of structural metal products
25.11
Manufacture of metal structures and parts of structures
2511*
25.12
Manufacture of doors and windows of metal
2511*
25.2
Manufacture of tanks, reservoirs and containers of metal
25.21
Manufacture of central heating radiators and boilers
2512*
25.29
Manufacture of other tanks, reservoirs and containers of metal
2512*
25.3
Manufacture of steam generators, except central heating hot water boilers
25.30
Manufacture of steam generators, except central heating hot water boilers
2513
25.4
Manufacture of weapons and ammunition
25.40
Manufacture of weapons and ammunition
2520
25.5
Forging, pressing, stamping and roll-forming of metal; powder metallurgy
25.50
Forging, pressing, stamping and roll-forming of metal; powder metallurgy
2591
25.6
Treatment and coating of metals; machining
25.61
Treatment and coating of metals
2592*
25.62
Machining
2592*
25.7
Manufacture of cutlery, tools and general hardware
25.71
Manufacture of cutlery
2593*
25.72
Manufacture of locks and hinges
2593*
25.73
Manufacture of tools
2593*
25.9
Manufacture of other fabricated metal products
25.91
Manufacture of steel drums and similar containers
2599*
25.92
Manufacture of light metal packaging
2599*
25.93
Manufacture of wire products, chain and springs
2599*
25.94
Manufacture of fasteners and screw machine products
2599*
25.99
Manufacture of other fabricated metal products n.e.c.
2599*
26
Manufacture of computer, electronic and optical products
26.1
Manufacture of electronic components and boards
26.11
Manufacture of electronic components
2610*
26.12
Manufacture of loaded electronic boards
2610*
26.2
Manufacture of computers and peripheral equipment
26.20
Manufacture of computers and peripheral equipment
2620
26.3
Manufacture of communication equipment
26.30
Manufacture of communication equipment
2630
26.4
Manufacture of consumer electronics
26.40
Manufacture of consumer electronics
2640
26.5
Manufacture of instruments and appliances for measuring, testing and navigation; watches and clocks
26.51
Manufacture of instruments and appliances for measuring, testing and navigation
2651
26.52
Manufacture of watches and clocks
2652
26.6
Manufacture of irradiation, electromedical and electrotherapeutic equipment
26.60
Manufacture of irradiation, electromedical and electrotherapeutic equipment
2660
26.7
Manufacture of optical instruments and photographic equipment
26.70
Manufacture of optical instruments and photographic equipment
2670
26.8
Manufacture of magnetic and optical media
26.80
Manufacture of magnetic and optical media
2680
27
Manufacture of electrical equipment
27.1
Manufacture of electric motors, generators, transformers and electricity distribution and control apparatus
27.11
Manufacture of electric motors, generators and transformers
2710*
27.12
Manufacture of electricity distribution and control apparatus
2710*
27.2
Manufacture of batteries and accumulators
27.20
Manufacture of batteries and accumulators
2720
27.3
Manufacture of wiring and wiring devices
27.31
Manufacture of fibre optic cables
2731
27.32
Manufacture of other electronic and electric wires and cables
2732
27.33
Manufacture of wiring devices
2733
27.4
Manufacture of electric lighting equipment
27.40
Manufacture of electric lighting equipment
2740
27.5
Manufacture of domestic appliances
27.51
Manufacture of electric domestic appliances
2750*
27.52
Manufacture of non-electric domestic appliances
2750*
27.9
Manufacture of other electrical equipment
27.90
Manufacture of other electrical equipment
2790
28
Manufacture of machinery and equipment n.e.c.
28.1
Manufacture of general‐purpose machinery
28.11
Manufacture of engines and turbines, except aircraft, vehicle and cycle engines
2811
28.12
Manufacture of fluid power equipment
2812
28.13
Manufacture of other pumps and compressors
2813*
28.14
Manufacture of other taps and valves
2813*
28.15
Manufacture of bearings, gears, gearing and driving elements
2814
28.2
Manufacture of other general-purpose machinery
28.21
Manufacture of ovens, furnaces and furnace burners
2815
28.22
Manufacture of lifting and handling equipment
2816
28.23
Manufacture of office machinery and equipment (except computers and peripheral equipment)
2817
28.24
Manufacture of power-driven hand tools
2818
28.25
Manufacture of non-domestic cooling and ventilation equipment
2819*
28.29
Manufacture of other general-purpose machinery n.e.c.
2819*
28.3
Manufacture of agricultural and forestry machinery
28.30
Manufacture of agricultural and forestry machinery
2821
28.4
Manufacture of metal forming machinery and machine tools
28.41
Manufacture of metal forming machinery
2822*
28.49
Manufacture of other machine tools
2822*
28.9
Manufacture of other special-purpose machinery
28.91
Manufacture of machinery for metallurgy
2823
28.92
Manufacture of machinery for mining, quarrying and construction
2824
28.93
Manufacture of machinery for food, beverage and tobacco processing
2825
28.94
Manufacture of machinery for textile, apparel and leather production
2826
28.95
Manufacture of machinery for paper and paperboard production
2829*
28.96
Manufacture of plastic and rubber machinery
2829*
28.99
Manufacture of other special-purpose machinery n.e.c.
2829*
29
Manufacture of motor vehicles, trailers and semi-trailers
29.1
Manufacture of motor vehicles
29.10
Manufacture of motor vehicles
2910
29.2
Manufacture of bodies (coachwork) for motor vehicles; manufacture of trailers and semi-trailers
29.20
Manufacture of bodies (coachwork) for motor vehicles; manufacture of trailers and semi-trailers
2920
29.3
Manufacture of parts and accessories for motor vehicles
29.31
Manufacture of electrical and electronic equipment for motor vehicles
2930*
29.32
Manufacture of other parts and accessories for motor vehicles
2930*
30
Manufacture of other transport equipment
30.1
Building of ships and boats
30.11
Building of ships and floating structures
3011
30.12
Building of pleasure and sporting boats
3012
30.2
Manufacture of railway locomotives and rolling stock
30.20
Manufacture of railway locomotives and rolling stock
3020
30.3
Manufacture of air and spacecraft and related machinery
30.30
Manufacture of air and spacecraft and related machinery
3030
30.4
Manufacture of military fighting vehicles
30.40
Manufacture of military fighting vehicles
3040
30.9
Manufacture of transport equipment n.e.c.
30.91
Manufacture of motorcycles
3091
30.92
Manufacture of bicycles and invalid carriages
3092
30.99
Manufacture of other transport equipment n.e.c.
3099
31
Manufacture of furniture
31.0
Manufacture of furniture
31.01
Manufacture of office and shop furniture
3100*
31.02
Manufacture of kitchen furniture
3100*
31.03
Manufacture of mattresses
3100*
31.09
Manufacture of other furniture
3100*
32
Other manufacturing
32.1
Manufacture of jewellery, bijouterie and related articles
32.11
Striking of coins
3211*
32.12
Manufacture of jewellery and related articles
3211*
32.13
Manufacture of imitation jewellery and related articles
3212
32.2
Manufacture of musical instruments
32.20
Manufacture of musical instruments
3220
32.3
Manufacture of sports goods
32.30
Manufacture of sports goods
3230
32.4
Manufacture of games and toys
32.40
Manufacture of games and toys
3240
32.5
Manufacture of medical and dental instruments and supplies
32.50
Manufacture of medical and dental instruments and supplies
3250
32.9
Manufacturing n.e.c.
32.91
Manufacture of brooms and brushes
3290*
32.99
Other manufacturing n.e.c.
3290*
33
Repair and installation of machinery and equipment
33.1
Repair of fabricated metal products, machinery and equipment
33.11
Repair of fabricated metal products
3311
33.12
Repair of machinery
3312
33.13
Repair of electronic and optical equipment
3313
33.14
Repair of electrical equipment
3314
33.15
Repair and maintenance of ships and boats
3315*
33.16
Repair and maintenance of aircraft and spacecraft
3315*
33.17
Repair and maintenance of other transport equipment
3315*
33.19
Repair of other equipment
3319
33.2
Installation of industrial machinery and equipment
33.20
Installation of industrial machinery and equipment
3320
SECTION D – ELECTRICITY, GAS, STEAM AND AIR CONDITIONING SUPPLY
35
Electricity, gas, steam and air conditioning supply
35.1
Electric power generation, transmission and distribution
35.11
Production of electricity
3510*
35.12
Transmission of electricity
3510*
35.13
Distribution of electricity
3510*
35.14
Trade of electricity
3510*
35.2
Manufacture of gas; distribution of gaseous fuels through mains
35.21
Manufacture of gas
3520*
35.22
Distribution of gaseous fuels through mains
3520*
35.23
Trade of gas through mains
3520*
35.3
Steam and air conditioning supply
35.30
Steam and air conditioning supply
3530
SECTION E – WATER SUPPLY; SEWERAGE, WASTE MANAGEMENT AND REMEDIATION ACTIVITIES
36
Water collection, treatment and supply
36.0
Water collection, treatment and supply
36.00
Water collection, treatment and supply
3600
37
Sewerage
37.0
Sewerage
37.00
Sewerage
3700
38
Waste collection, treatment and disposal activities; materials recovery
38.1
Waste collection
38.11
Collection of non-hazardous waste
3811
38.12
Collection of hazardous waste
3812
38.2
Waste treatment and disposal
38.21
Treatment and disposal of non-hazardous waste
3821
38.22
Treatment and disposal of hazardous waste
3822
38.3
Materials recovery
38.31
Dismantling of wrecks
3830*
38.32
Recovery of sorted materials
3830*
39
Remediation activities and other waste management services
39.0
Remediation activities and other waste management services
39.00
Remediation activities and other waste management services
3900
SECTION F – CONSTRUCTION
41
Construction of buildings
41.1
Development of building projects
41.10
Development of building projects
4100*
41.2
Construction of residential and non-residential buildings
41.20
Construction of residential and non-residential buildings
4100*
42
Civil engineering
42.1
Construction of roads and railways
42.11
Construction of roads and motorways
4210*
42.12
Construction of railways and underground railways
4210*
42.13
Construction of bridges and tunnels
4210*
42.2
Construction of utility projects
42.21
Construction of utility projects for fluids
4220*
42.22
Construction of utility projects for electricity and telecommunications
4220*
42.9
Construction of other civil engineering projects
42.91
Construction of water projects
4290*
42.99
Construction of other civil engineering projects n.e.c.
4290*
43
Specialised construction activities
43.1
Demolition and site preparation
43.11
Demolition
4311
43.12
Site preparation
4312*
43.13
Test drilling and boring
4312*
43.2
Electrical, plumbing and other construction installation activities
43.21
Electrical installation
4321
43.22
Plumbing, heat and air conditioning installation
4322
43.29
Other construction installation
4329
43.3
Building completion and finishing
43.31
Plastering
4330*
43.32
Joinery installation
4330*
43.33
Floor and wall covering
4330*
43.34
Painting and glazing
4330*
43.39
Other building completion and finishing
4330*
43.9
Other specialised construction activities
43.91
Roofing activities
4390*
43.99
Other specialised construction activities n.e.c.
4390*
SECTION G – WHOLESALE AND RETAIL TRADE; REPAIR OF MOTOR VEHICLES AND MOTORCYCLES
45
Wholesale and retail trade and repair of motor vehicles and motorcycles
45.1
Sale of motor vehicles
45.11
Sale of cars and light motor vehicles
4510*
45.19
Sale of other motor vehicles
4510*
45.2
Maintenance and repair of motor vehicles
45.20
Maintenance and repair of motor vehicles
4520
45.3
Sale of motor vehicle parts and accessories
45.31
Wholesale trade of motor vehicle parts and accessories
4530*
45.32
Retail trade of motor vehicle parts and accessories
4530*
45.4
Sale, maintenance and repair of motorcycles and related parts and accessories
45.40
Sale, maintenance and repair of motorcycles and related parts and accessories
4540
46
Wholesale trade, except of motor vehicles and motorcycles
46.1
Wholesale on a fee or contract basis
46.11
Agents involved in the sale of agricultural raw materials, live animals, textile raw materials and semi-finished goods
4610*
46.12
Agents involved in the sale of fuels, ores, metals and industrial chemicals
4610*
46.13
Agents involved in the sale of timber and building materials
4610*
46.14
Agents involved in the sale of machinery, industrial equipment, ships and aircraft
4610*
46.15
Agents involved in the sale of furniture, household goods, hardware and ironmongery
4610*
46.16
Agents involved in the sale of textiles, clothing, fur, footwear and leather goods
4610*
46.17
Agents involved in the sale of food, beverages and tobacco
4610*
46.18
Agents specialised in the sale of other particular products
4610*
46.19
Agents involved in the sale of a variety of goods
4610*
46.2
Wholesale of agricultural raw materials and live animals
46.21
Wholesale of grain, unmanufactured tobacco, seeds and animal feeds
4620*
46.22
Wholesale of flowers and plants
4620*
46.23
Wholesale of live animals
4620*
46.24
Wholesale of hides, skins and leather
4620*
46.3
Wholesale of food, beverages and tobacco
46.31
Wholesale of fruit and vegetables
4630*
46.32
Wholesale of meat and meat products
4630*
46.33
Wholesale of dairy products, eggs and edible oils and fats
4630*
46.34
Wholesale of beverages
4630*
46.35
Wholesale of tobacco products
4630*
46.36
Wholesale of sugar and chocolate and sugar confectionery
4630*
46.37
Wholesale of coffee, tea, cocoa and spices
4630*
46.38
Wholesale of other food, including fish, crustaceans and molluscs
4630*
46.39
Non-specialised wholesale of food, beverages and tobacco
4630*
46.4
Wholesale of household goods
46.41
Wholesale of textiles
4641*
46.42
Wholesale of clothing and footwear
4641*
46.43
Wholesale of electrical household appliances
4649*
46.44
Wholesale of china and glassware and cleaning materials
4649*
46.45
Wholesale of perfume and cosmetics
4649*
46.46
Wholesale of pharmaceutical goods
4649*
46.47
Wholesale of furniture, carpets and lighting equipment
4649*
46.48
Wholesale of watches and jewellery
4649*
46.49
Wholesale of other household goods
4649*
46.5
Wholesale of information and communication equipment
46.51
Wholesale of computers, computer peripheral equipment and software
4651
46.52
Wholesale of electronic and telecommunications equipment and parts
4652
46.6
Wholesale of other machinery, equipment and supplies
46.61
Wholesale of agricultural machinery, equipment and supplies
4653
46.62
Wholesale of machine tools
4659*
46.63
Wholesale of mining, construction and civil engineering machinery
4659*
46.64
Wholesale of machinery for the textile industry and of sewing and knitting machines
4659*
46.65
Wholesale of office furniture
4659*
46.66
Wholesale of other office machinery and equipment
4659*
46.69
Wholesale of other machinery and equipment
4659*
46.7
Other specialised wholesale
46.71
Wholesale of solid, liquid and gaseous fuels and related products
4661
46.72
Wholesale of metals and metal ores
4662
46.73
Wholesale of wood, construction materials and sanitary equipment
4663*
46.74
Wholesale of hardware, plumbing and heating equipment and supplies
4663*
46.75
Wholesale of chemical products
4669*
46.76
Wholesale of other intermediate products
4669*
46.77
Wholesale of waste and scrap
4669*
46.9
Non-specialised wholesale trade
46.90
Non-specialised wholesale trade
4690
47
Retail trade, except of motor vehicles and motorcycles
47.1
Retail sale in non-specialised stores
47.11
Retail sale in non-specialised stores with food, beverages or tobacco predominating
4711
47.19
Other retail sale in non-specialised stores
4719
47.2
Retail sale of food, beverages and tobacco in specialised stores
47.21
Retail sale of fruit and vegetables in specialised stores
4721*
47.22
Retail sale of meat and meat products in specialised stores
4721*
47.23
Retail sale of fish, crustaceans and molluscs in specialised stores
4721*
47.24
Retail sale of bread, cakes, flour confectionery and sugar confectionery in specialised stores
4721*
47.25
Retail sale of beverages in specialised stores
4722
47.26
Retail sale of tobacco products in specialised stores
4723
47.29
Other retail sale of food in specialised stores
4721*
47.3
Retail sale of automotive fuel in specialised stores
47.30
Retail sale of automotive fuel in specialised stores
4730
47.4
Retail sale of information and communication equipment in specialised stores
47.41
Retail sale of computers, peripheral units and software in specialised stores
4741*
47.42
Retail sale of telecommunications equipment in specialised stores
4741*
47.43
Retail sale of audio and video equipment in specialised stores
4742
47.5
Retail sale of other household equipment in specialised stores
47.51
Retail sale of textiles in specialised stores
4751
47.52
Retail sale of hardware, paints and glass in specialised stores
4752
47.53
Retail sale of carpets, rugs, wall and floor coverings in specialised stores
4753
47.54
Retail sale of electrical household appliances in specialised stores
4759*
47.59
Retail sale of furniture, lighting equipment and other household articles in specialised stores
4759*
47.6
Retail sale of cultural and recreation goods in specialised stores
47.61
Retail sale of books in specialised stores
4761*
47.62
Retail sale of newspapers and stationery in specialised stores
4761*
47.63
Retail sale of music and video recordings in specialised stores
4762
47.64
Retail sale of sporting equipment in specialised stores
4763
47.65
Retail sale of games and toys in specialised stores
4764
47.7
Retail sale of other goods in specialised stores
47.71
Retail sale of clothing in specialised stores
4771*
47.72
Retail sale of footwear and leather goods in specialised stores
4771*
47.73
Dispensing chemist in specialised stores
4772*
47.74
Retail sale of medical and orthopaedic goods in specialised stores
4772*
47.75
Retail sale of cosmetic and toilet articles in specialised stores
4772*
47.76
Retail sale of flowers, plants, seeds, fertilisers, pet animals and pet food in specialised stores
4773*
47.77
Retail sale of watches and jewellery in specialised stores
4773*
47.78
Other retail sale of new goods in specialised stores
4773*
47.79
Retail sale of second-hand goods in stores
4774
47.8
Retail sale via stalls and markets
47.81
Retail sale via stalls and markets of food, beverages and tobacco products
4781
47.82
Retail sale via stalls and markets of textiles, clothing and footwear
4782
47.89
Retail sale via stalls and markets of other goods
4789
47.9
Retail trade not in stores, stalls or markets
47.91
Retail sale via mail order houses or via Internet
4791
47.99
Other retail sale not in stores, stalls or markets
4799
49
SECTION H – TRANSPORTATION AND STORAGE
Land transport and transport via pipelines
49.1
Passenger rail transport, interurban
49.10
Passenger rail transport, interurban
4911
49.2
Freight rail transport
49.20
Freight rail transport
4912
49.3
Other passenger land transport
49.31
Urban and suburban passenger land transport
4921
49.32
Taxi operation
4922*
49.39
Other passenger land transport n.e.c.
4922*
49.4
Freight transport by road and removal services
49.41
Freight transport by road
4923*
49.42
Removal services
4923*
49.5
Transport via pipeline
49.50
Transport via pipeline
4930
50
Water transport
50.1
Sea and coastal passenger water transport
50.10
Sea and coastal passenger water transport
5011
50.2
Sea and coastal freight water transport
50.20
Sea and coastal freight water transport
5012
50.3
Inland passenger water transport
50.30
Inland passenger water transport
5021
50.4
Inland freight water transport
50.40
Inland freight water transport
5022
51
Air transport
51.1
Passenger air transport
51.10
Passenger air transport
5110
51.2
Freight air transport and space transport
51.21
Freight air transport
5120*
51.22
Space transport
5120*
52
Warehousing and support activities for transportation
52.1
Warehousing and storage
52.10
Warehousing and storage
5210
52.2
Support activities for transportation
52.21
Service activities incidental to land transportation
5221
52.22
Service activities incidental to water transportation
5222
52.23
Service activities incidental to air transportation
5223
52.24
Cargo handling
5224
52.29
Other transportation support activities
5229
53
Postal and courier activities
53.1
Postal activities under universal service obligation
53.10
Postal activities under universal service obligation
5310
53.2
Other postal and courier activities
53.20
Other postal and courier activities
5320
55
SECTION I – ACCOMMODATION AND FOOD SERVICE ACTIVITIES
Accommodation
55.1
Hotels and similar accommodation
55.10
Hotels and similar accommodation
5510*
55.2
Holiday and other short-stay accommodation
55.20
Holiday and other short-stay accommodation
5510*
55.3
Camping grounds, recreational vehicle parks and trailer parks
55.30
Camping grounds, recreational vehicle parks and trailer parks
5520
55.9
Other accommodation
55.90
Other accommodation
5590
56
Food and beverage service activities
56.1
Restaurants and mobile food service activities
56.10
Restaurants and mobile food service activities
5610
56.2
Event catering and other food service activities
56.21
Event catering activities
5621
56.29
Other food service activities
5629
56.3
Beverage serving activities
56.30
Beverage serving activities
5630
58
SECTION J – INFORMATION AND COMMUNICATION
Publishing activities
58.1
Publishing of books, periodicals and other publishing activities
58.11
Book publishing
5811
58.12
Publishing of directories and mailing lists
5812
58.13
Publishing of newspapers
5813*
58.14
Publishing of journals and periodicals
5813*
58.19
Other publishing activities
5819
58.2
Software publishing
58.21
Publishing of computer games
5820*
58.29
Other software publishing
5820*
59
Motion picture, video and television programme production, sound recording and music publishing activities
59.1
Motion picture, video and television programme activities
59.11
Motion picture, video and television programme production activities
5911
59.12
Motion picture, video and television programme post-production activities
5912
59.13
Motion picture, video and television programme distribution activities
5913
59.14
Motion picture projection activities
5914
59.2
Sound recording and music publishing activities
59.20
Sound recording and music publishing activities
5920
60
Programming and broadcasting activities
60.1
Radio broadcasting
60.10
Radio broadcasting
6010
60.2
Television programming and broadcasting activities
60.20
Television programming and broadcasting activities
6020
61
Telecommunications
61.1
Wired telecommunications activities
61.10
Wired telecommunications activities
6110
61.2
Wireless telecommunications activities
61.20
Wireless telecommunications activities
6120
61.3
Satellite telecommunications activities
61.30
Satellite telecommunications activities
6130
61.9
Other telecommunications activities
61.90
Other telecommunications activities
6190
62
Computer programming, consultancy and related activities
62.0
Computer programming, consultancy and related activities
62.01
Computer programming activities
6201
62.02
Computer consultancy activities
6202*
62.03
Computer facilities management activities
6202*
62.09
Other information technology and computer service activities
6209
63
Information service activities
63.1
Data processing, hosting and related activities; web portals
63.11
Data processing, hosting and related activities
6311
63.12
Web portals
6312
63.9
Other information service activities
63.91
News agency activities
6391
63.99
Other information service activities n.e.c.
6399
SECTION K – FINANCIAL AND INSURANCE ACTIVITIES
64
Financial service activities, except insurance and pension funding
64.1
Monetary intermediation
64.11
Central banking
6411
64.19
Other monetary intermediation
6419
64.2
Activities of holding companies
64.20
Activities of holding companies
6420
64.3
Trusts, funds and similar financial entities
64.30
Trusts, funds and similar financial entities
6430
64.9
Other financial service activities, except insurance and pension funding
64.91
Financial leasing
6491
64.92
Other credit granting
6492
64.99
Other financial service activities, except insurance and pension funding n.e.c.
6499
65
Insurance, reinsurance and pension funding, except compulsory social security
65.1
Insurance
65.11
Life insurance
6511
65.12
Non-life insurance
6512
65.2
Reinsurance
65.20
Reinsurance
6520
65.3
Pension funding
65.30
Pension funding
6530
66
Activities auxiliary to financial services and insurance activities
66.1
Activities auxiliary to financial services, except insurance and pension funding
66.11
Administration of financial markets
6611
66.12
Security and commodity contracts brokerage
6612
66.19
Other activities auxiliary to financial services, except insurance and pension funding
6619
66.2
Activities auxiliary to insurance and pension funding
66.21
Risk and damage evaluation
6621
66.22
Activities of insurance agents and brokers
6622
66.29
Other activities auxiliary to insurance and pension funding
6629
66.3
Fund management activities
66.30
Fund management activities
6630
SECTION L – REAL ESTATE ACTIVITIES
68
Real estate activities
68.1
Buying and selling of own real estate
68.10
Buying and selling of own real estate
6810*
68.2
Renting and operating of own or leased real estate
68.20
Renting and operating of own or leased real estate
6810*
68.3
Real estate activities on a fee or contract basis
68.31
Real estate agencies
6820*
68.32
Management of real estate on a fee or contract basis
6820*
SECTION M – PROFESSIONAL, SCIENTIFIC AND TECHNICAL ACTIVITIES
69
Legal and accounting activities
69.1
Legal activities
69.10
Legal activities
6910
69.2
Accounting, bookkeeping and auditing activities; tax consultancy
69.20
Accounting, bookkeeping and auditing activities; tax consultancy
6920
70
Activities of head offices; management consultancy activities
70.1
Activities of head offices
70.10
Activities of head offices
7010
70.2
Management consultancy activities
70.21
Public relations and communication activities
7020*
70.22
Business and other management consultancy activities
7020*
71
Architectural and engineering activities; technical testing and analysis
71.1
Architectural and engineering activities and related technical consultancy
71.11
Architectural activities
7110*
71.12
Engineering activities and related technical consultancy
7110*
71.2
Technical testing and analysis
71.20
Technical testing and analysis
7120
72
Scientific research and development
72.1
Research and experimental development on natural sciences and engineering
72.11
Research and experimental development on biotechnology
7210*
72.19
Other research and experimental development on natural sciences and engineering
7210*
72.2
Research and experimental development on social sciences and humanities
72.20
Research and experimental development on social sciences and humanities
7220
73
Advertising and market research
73.1
Advertising
73.11
Advertising agencies
7310*
73.12
Media representation
7310*
73.2
Market research and public opinion polling
73.20
Market research and public opinion polling
7320
74
Other professional, scientific and technical activities
74.1
Specialised design activities
74.10
Specialised design activities
7410
74.2
Photographic activities
74.20
Photographic activities
7420
74.3
Translation and interpretation activities
74.30
Translation and interpretation activities
7490*
74.9
Other professional, scientific and technical activities n.e.c.
74.90
Other professional, scientific and technical activities n.e.c.
7490*
75
Veterinary activities
75.0
Veterinary activities
75.00
Veterinary activities
7500
SECTION N – ADMINISTRATIVE AND SUPPORT SERVICE ACTIVITIES
77
Rental and leasing activities
77.1
Renting and leasing of motor vehicles
77.11
Renting and leasing of cars and light motor vehicles
7710*
77.12
Renting and leasing of trucks
7710*
77.2
Renting and leasing of personal and household goods
77.21
Renting and leasing of recreational and sports goods
7721
77.22
Renting of video tapes and disks
7722
77.29
Renting and leasing of other personal and household goods
7729
77.3
Renting and leasing of other machinery, equipment and tangible goods
77.31
Renting and leasing of agricultural machinery and equipment
7730*
77.32
Renting and leasing of construction and civil engineering machinery and equipment
7730*
77.33
Renting and leasing of office machinery and equipment (including computers)
7730*
77.34
Renting and leasing of water transport equipment
7730*
77.35
Renting and leasing of air transport equipment
7730*
77.39
Renting and leasing of other machinery, equipment and tangible goods n.e.c.
7730*
77.4
Leasing of intellectual property and similar products, except copyrighted works
77.40
Leasing of intellectual property and similar products, except copyrighted works
7740
78
Employment activities
78.1
Activities of employment placement agencies
78.10
Activities of employment placement agencies
7810
78.2
Temporary employment agency activities
78.20
Temporary employment agency activities
7820
78.3
Other human resources provision
78.30
Other human resources provision
7830
79
Travel agency, tour operator reservation service and related activities
79.1
Travel agency and tour operator activities
79.11
Travel agency activities
7911
79.12
Tour operator activities
7912
79.9
Other reservation service and related activities
79.90
Other reservation service and related activities
7990
80
Security and investigation activities
80.1
Private security activities
80.10
Private security activities
8010
80.2
Security systems service activities
80.20
Security systems service activities
8020
80.3
Investigation activities
80.30
Investigation activities
8030
81
Services to buildings and landscape activities
81.1
Combined facilities support activities
81.10
Combined facilities support activities
8110
81.2
Cleaning activities
81.21
General cleaning of buildings
8121
81.22
Other building and industrial cleaning activities
8129*
81.29
Other cleaning activities
8129*
81.3
Landscape service activities
81.30
Landscape service activities
8130
82
Office administrative, office support and other business support activities
82.1
Office administrative and support activities
82.11
Combined office administrative service activities
8211
82.19
Photocopying, document preparation and other specialised office support activities
8219
82.2
Activities of call centres
82.20
Activities of call centres
8220
82.3
Organisation of conventions and trade shows
82.30
Organisation of conventions and trade shows
8230
82.9
Business support service activities n.e.c.
82.91
Activities of collection agencies and credit bureaus
8291
82.92
Packaging activities
8292
82.99
Other business support service activities n.e.c.
8299
SECTION O – PUBLIC ADMINISTRATION AND DEFENCE; COMPULSORY SOCIAL SECURITY
84
Public administration and defence; compulsory social security
84.1
Administration of the State and the economic and social policy of the community
84.11
General public administration activities
8411
84.12
Regulation of the activities of providing health care, education, cultural services and other social services, excluding social security
8412
84.13
Regulation of and contribution to more efficient operation of businesses
8413
84.2
Provision of services to the community as a whole
84.21
Foreign affairs
8421
84.22
Defence activities
8422
84.23
Justice and judicial activities
8423*
84.24
Public order and safety activities
8423*
84.25
Fire service activities
8423*
84.3
Compulsory social security activities
84.30
Compulsory social security activities
8430
SECTION P – EDUCATION
85
Education
85.1
Pre-primary education
85.10
Pre-primary education
8510*
85.2
Primary education
85.20
Primary education
8510*
85.3
Secondary education
85.31
General secondary education
8521
85.32
Technical and vocational secondary education
8522
85.4
Higher education
85.41
Post-secondary non-tertiary education
8530*
85.42
Tertiary education
8530*
85.5
Other education
85.51
Sports and recreation education
8541
85.52
Cultural education
8542
85.53
Driving school activities
8549*
85.59
Other education n.e.c.
8549*
85.6
Educational support activities
85.60
Educational support activities
8550
SECTION Q – HUMAN HEALTH AND SOCIAL WORK ACTIVITIES
86
Human health activities
86.1
Hospital activities
86.10
Hospital activities
8610
86.2
Medical and dental practice activities
86.21
General medical practice activities
8620*
86.22
Specialist medical practice activities
8620*
86.23
Dental practice activities
8620*
86.9
Other human health activities
86.90
Other human health activities
8690
87
Residential care activities
87.1
Residential nursing care activities
87.10
Residential nursing care activities
8710
87.2
Residential care activities for mental retardation, mental health and substance abuse
87.20
Residential care activities for mental retardation, mental health and substance abuse
8720
87.3
Residential care activities for the elderly and disabled
87.30
Residential care activities for the elderly and disabled
8730
87.9
Other residential care activities
87.90
Other residential care activities
8790
88
Social work activities without accommodation
88.1
Social work activities without accommodation for the elderly and disabled
88.10
Social work activities without accommodation for the elderly and disabled
8810
88.9
Other social work activities without accommodation
88.91
Child day-care activities
8890*
88.99
Other social work activities without accommodation n.e.c.
8890*
SECTION R – ARTS, ENTERTAINMENT AND RECREATION
90
Creative, arts and entertainment activities
90.0
Creative, arts and entertainment activities
90.01
Performing arts
9000*
90.02
Support activities to performing arts
9000*
90.03
Artistic creation
9000*
90.04
Operation of arts facilities
9000*
91
Libraries, archives, museums and other cultural activities
91.0
Libraries, archives, museums and other cultural activities
91.01
Library and archives activities
9101
91.02
Museums activities
9102*
91.03
Operation of historical sites and buildings and similar visitor attractions
9102*
91.04
Botanical and zoological gardens and nature reserves activities
9103
92
Gambling and betting activities
92.0
Gambling and betting activities
92.00
Gambling and betting activities
9200
93
Sports activities and amusement and recreation activities
93.1
Sports activities
93.11
Operation of sports facilities
9311*
93.12
Activities of sport clubs
9312
93.13
Fitness facilities
9311*
93.19
Other sports activities
9319
93.2
Amusement and recreation activities
93.21
Activities of amusement parks and theme parks
9321
93.29
Other amusement and recreation activities
9329
SECTION S – OTHER SERVICE ACTIVITIES
94
Activities of membership organisations
94.1
Activities of business, employers and professional membership organisations
94.11
Activities of business and employers membership organisations
9411
94.12
Activities of professional membership organisations
9412
94.2
Activities of trade unions
94.20
Activities of trade unions
9420
94.9
Activities of other membership organisations
94.91
Activities of religious organisations
9491
94.92
Activities of political organisations
9492
94.99
Activities of other membership organisations n.e.c.
9499
95
Repair of computers and personal and household goods
95.1
Repair of computers and communication equipment
95.11
Repair of computers and peripheral equipment
9511
95.12
Repair of communication equipment
9512
95.2
Repair of personal and household goods
95.21
Repair of consumer electronics
9521
95.22
Repair of household appliances and home and garden equipment
9522
95.23
Repair of footwear and leather goods
9523
95.24
Repair of furniture and home furnishings
9524
95.25
Repair of watches, clocks and jewellery
9529*
95.29
Repair of other personal and household goods
9529*
96
Other personal service activities
96.0
Other personal service activities
96.01
Washing and (dry-)cleaning of textile and fur products
9601
96.02
Hairdressing and other beauty treatment
9602
96.03
Funeral and related activities
9603
96.04
Physical well-being activities
9609*
96.09
Other personal service activities n.e.c.
9609*
SECTION T – ACTIVITIES OF HOUSEHOLDS AS EMPLOYERS; UNDIFFERENTIATED GOODS- AND SERVICES-PRODUCING ACTIVITIES OF HOUSEHOLDS FOR OWN USE
97
Activities of households as employers of domestic personnel
97.0
Activities of households as employers of domestic personnel
97.00
Activities of households as employers of domestic personnel
9700
98
Undifferentiated goods- and services-producing activities of private households for own use
98.1
Undifferentiated goods-producing activities of private households for own use
98.10
Undifferentiated goods-producing activities of private households for own use
9810
98.2
Undifferentiated service-producing activities of private households for own use
98.20
Undifferentiated service-producing activities of private households for own use
9820
99
SECTION U – ACTIVITIES OF EXTRATERRITORIAL ORGANISATIONS AND BODIES
Activities of extraterritorial organisations and bodies
99.0
Activities of extraterritorial organisations and bodies
99.00
Activities of extraterritorial organisations and bodies
9900
ANNEX II
Annexes 1, 2, 3, 4, 5, 6 and 7 of Regulation (EC, Euratom) No 58/97 are amended as follows:
1. Annex 1 (Common module for annual structural statistics) is amended as follows:
1.1. Throughout the text the following replacements shall be made:
Former wording
Amended wording
NACE Rev. 1 Section J
NACE Rev. 2 Section K
NACE Rev. 1 group 65.2 and division 67
NACE Rev. 2 groups 64.2, 64.3 and 64.9 and division 66
Sections C to G of NACE Rev. 1
Sections B to G of NACE Rev. 2
NACE Rev. 1 activity class 65.11
NACE Rev. 2 activity class 64.11
Divisions 65 and 66 of NACE Rev. 1
divisions 64 and 65 of NACE Rev. 2
Sections H, I and K of NACE Rev. 1
Sections H, I, J, L, M, N and division 95 of NACE Rev. 2
1.2. Section 9 shall be replaced by the following:
"
Section 9 – Groupings of activities
The following groupings of activities refer to the NACE Rev. 2 classification.
SECTIONS B, C, D, E AND F
Mining and quarrying; manufacturing; electricity, gas, steam and air conditioning supply; water supply; sewerage, waste management and remediation activities; construction
To enable Community statistics to be compiled, Member States will transmit component national results broken down to the classes of NACE Rev. 2.
SECTION G
Wholesale and retail trade; repair of motor vehicles and motorcycles
To enable Community statistics to be compiled, Member States will transmit component national results broken down to the classes of NACE Rev. 2.
SECTION H
Transportation and storage
49.1+49.2
"Passenger rail transport, interurban" and "Freight rail transport"
49.3
Other passenger land transport
49.4
Freight transport by road and removal services
49.5
Transport via pipelines
50.1+50.2
"Sea and coastal passenger water transport" and "Sea and coastal freight water transport"
50.3+50.4
"Inland passenger water transport" and "Inland freight water transport"
51
Air transport
52
Warehousing and support activities for transportation
53.1
Postal activities under universal service obligation
53.2
Other postal and courier activities
SECTION I
Accommodation and food service activities
55
Accommodation
56
Food and beverage service activities
SECTION J
Information and communication
58
Publishing activities
59
Motion picture, video and television programme production, sound recording and music publishing activities
60
Programming and broadcasting activities
61
Telecommunications
62
Computer programming, consultancy and related activities
63
Information service activities
SECTION K
Financial and insurance activities
To enable Community statistics to be compiled, Member States will transmit component national results broken down to the classes of NACE Rev. 2.
SECTION L
Real estate activities
68
Real estate activities
SECTION M
Professional, scientific and technical activities
69+70
"Legal and accounting activities" and "Activities of head offices; management consultancy activities"
71
Architectural and engineering activities; technical testing and analysis
72
Scientific research and development
73.1
Advertising
73.2
74
75
Market research and public opinion polling
Other professional, scientific and technical activities
Veterinary activities
SECTION N
Administrative and support service activities
77.1
77.2
Renting and leasing of motor vehicles
Renting and leasing of personal and household goods
77.3
Renting and leasing of other machinery, equipment and tangible goods
77.4
Leasing of intellectual property and similar products, except copyrighted works
78
Employment activities
79
Travel agency, tour operator and other reservation service and related activities
80
Security and investigation activities
81
Services to buildings and landscape activities
82
Office administrative, office support and other business support activities
SECTION S
Other service activities
95.11
Repair of computers and peripheral equipment
95.12
Repair of communication equipment
95.21
Repair of consumer electronics
95.22
Repair of household appliances and home and garden equipment
95.23
Repair of footwear and leather goods
95.24
Repair of furniture and home furnishings
95.25
Repair of watches, clocks and jewellery
95.29
Repair of other personal and household goods"
"
2. Annex 2 (A detailed module for structural statistics in industry) is amended as follows:
2.1. Throughout the text the following replacements shall be made:
Former wording
Amended wording
Section C of NACE Rev. 1
Section B of NACE Rev. 2
Section D of NACE Rev. 1
Section C of NACE Rev. 2
Section E of NACE Rev. 1
Sections D and E of NACE Rev. 2
Divisions 17/18/19/21/22/25/28/31/32/36 of NACE Rev. 1
Divisions 13/14/15/17/18/22/25/26/31 of NACE Rev. 2
2.2. Section 3 shall be replaced by the following:
"
"Section 3 Coverage
The statistics are to be compiled for all activities within the coverage of Sections B, C, D and E of NACE Rev. 2. These sections cover the activities of mining and quarrying (B), manufacturing (C), electricity, gas, steam, and air conditioning supply (D) and water supply, sewerage, waste management and remediation activities (E). Enterprise statistics refer to the population of all enterprises whose main activity is classified in Sections B, C, D or E.
"
3. Annex 3 (A detailed module for structural statistics on distributive trades) is amended as follows:
3.1. Section 3 paragraph 1 shall be replaced by the following:
"
1. The statistics are to be compiled for all activities within the coverage of Section G of NACE Rev. 2. This sector covers the activities of wholesale and retail trade; repair of motor vehicles and motorcycles. Enterprise statistics refer to the population of all enterprises whose main activity is classified in Section G.
"
3.2. Throughout the text the following replacements shall be made:
Former wording
Amended wording
Division 50 of NACE Rev. 1
Division 45 of NACE Rev. 2
Division 51 of NACE Rev. 1
Division 46 of NACE Rev. 2
Division 52 of NACE Rev. 1
Division 47 of NACE Rev. 2
In Section 5 "First reference year" and Section 9 "Reports and pilot studies" the reference to NACE Rev. 1 divisions 50, 51 and 52 is maintained.
4. Annex 4 (A detailed module for structural statistics in construction) shall be amended as follows:
Throughout the text the following replacement shall be made:
Former wording
Amended wording
Groups 451 and 452 of NACE Rev. 1
Divisions 41 and 42 and Groups 43.1 and 43.9 of NACE Rev. 2
5. Annex 5 (A detailed module for structural statistics in insurance) is amended as follows:
Throughout the text the following replacement shall be made:
Former wording
Amended wording
Division 66 except for class 66.02 of NACE Rev. 1
Divisions 65 except for group 65.3 of NACE Rev. 2
6. Annex 6 (A detailed module for structural statistics on credit institutions) is amended as follows:
Throughout the text the following replacement shall be made:
Former wording
Amended wording
Classes 65.12 and 65.22 of NACE Rev. 1
Classes 64.19 and 64.92 of NACE Rev. 2
7. Annex 7 (A detailed module for structural statistics on pension funds) is amended as follows:
Throughout the text the following replacement shall be made:
Former wording
Amended wording
Class 66.02 of NACE Rev. 1
Group 65.3 of NACE Rev. 2
ANNEX III
Annexes A, B, C and D of Regulation (EC) No 1165/98 are amended as follows:
1. Annex A
1.1. In Annex A, point (a) ("Scope") shall be replaced by the following:
"
(a) Scope
This Annex applies to all activities listed in Sections B to E of NACE Rev. 2, or as the case may be, to all products listed in Sections B to E of the CPA. The information is not required for 37, 38.1, 38.2 and 39 of NACE Rev. 2. The list of activities may be revised in accordance with the procedure laid down in Article 18.
"
1.2. In Annex A, point (c) ("List of variables"), paragraphs 6, 7 and 8 shall be replaced by the following:
"
6. The information on production (No 110) is not required for Division 36 and Groups 35.3 and 38.3 of NACE Rev. 2.
7. The information on turnover (No 120, 121, 122) is not required for NACE Rev. 2, Section D and E.
8. The information on orders (No 130, 131, 132) is only required for the following Divisions of NACE Rev. 2: 13, 14, 17, 20, 21, 24, 25, 26, 27, 28, 29, 30. The list of activities may be revised in accordance with the procedure laid down in Article 18.
"
1.3. In Annex A, point (c) ("List of variables"), paragraphs 9 and 10 shall be replaced by the following:
"
9. The information on variables No 210, 220, 230 is not required for Group 38.3 of NACE Rev. 2.
10. The information on output prices and import prices (No 310, 311, 312 and 340) is not required for the following groups or classes of NACE Rev. 2 respectively CPA: 07.2, 24.46, 25.4, 30.1, 30.3, 30.4 and 38.3. The list of activities may be revised in accordance with the procedure laid down in Article 18.
11. The variable on import prices (No 340) is calculated on the basis of CPA products. The importing kind-of-activity units may be classified outside the activities of Sections B to E of NACE Rev. 2.
"
1.4. In Annex A, point (f) ("Level of detail"), paragraphs 1 and 2 shall be replaced by the following:
"
1. All variables, except the import price variable (No 340), are to be transmitted at the Section (1 letter) and Division 2-digit level of NACE Rev. 2. The variable 340 is to be reported at the Section (1 letter) and Division 2-digit level of CPA.
2. In addition, for Section C of NACE Rev. 2, the index of production (No 110) and the index of output prices (No 310, 311, 312) are to be transmitted at the 3-digit and 4-digit levels of NACE Rev. 2. The transmitted indices for production and output prices at the 3-digit and 4-digit levels must represent at least 90 % of the total value added for each Member State of Section C of NACE Rev. 2. in a given base year. The variables need not be transmitted at these detailed levels by those Member States whose total value added of Section C of NACE Rev. 2 in a given base year represents less than 4 % of the European Community total.
"
1.5. In Annex A, point (f) ("Level of detail"), paragraph 3, "NACE Rev. 1" shall be replaced by "NACE Rev. 2".
1.6. In Annex A, point (f) ("Level of detail"), paragraphs 4, 5, 6 and 7 shall be replaced by the following:
"
4. In addition, all variables except for the turnover and new orders variables (No 120, 121, 122, 130, 131, 132) are to be transmitted for total industry defined as NACE Rev. 2 Sections B to E and the main industrial groupings (MIGs) as defined in Commission Regulation (EC) No 586/2001(21).
5. The turnover variables (No 120, 121, 122) are to be transmitted for total industry defined as NACE Rev. 2 Sections B and C and the MIGs with the exception of the main industrial grouping defined for energy-related activities.
6. The new orders variables (Nos 130, 131, 132) are to be transmitted for total manufacturing, Section C of NACE Rev. 2 and a reduced set of MIGs calculated from covering the list of NACE Rev. 2 Divisions defined in paragraph 8 under heading (c) ("List of variables") of this Annex.
7. The import price variable (No 340) is to be transmitted for total industrial products, Sections B to E of CPA and MIGs defined in accordance with Regulation (EC) No 586/2001 from product groups of the CPA. This variable does not need to be transmitted by those Member States that have not adopted the euro as their currency.
"
1.7. In Annex A, point (f) ("Level of detail"), paragraphs 9 and 10 shall be replaced by the following:
"
9. The variables on the non-domestic markets (Nos 122, 132 and 312) are to be transmitted according to the distinction into euro-zone and non-euro-zone. The distinction is to be applied to the total industry defined as NACE Rev. 2 Sections B to E, the MIGs, the Section (1 letter) and Division 2-digit level of NACE Rev. 2. The information on NACE Rev. 2 D and E is not required for variable 122. In addition, the import price variable (No 340) is to be transmitted according to the distinction into euro-zone and non-euro-zone. The distinction is to be applied to the total industry defined as CPA Sections B to E, the MIGs, the Section (1 letter) and Division 2-digit level of CPA. For the distinction into the euro-zone and non-euro-zone, the Commission may determine, in accordance with the procedure laid down in Article 18, the terms for applying European sample schemes as defined in point (d) of the first subparagraph of Article 4(2). The European sample scheme may limit the scope of the import price variable to the import of products from non-euro-zone countries. The distinction into the euro-zone and non-euro-zone for the variables 122, 132, 312 and 340 does not need to be transmitted by those Member States that have not adopted the euro as their currency.
10. Those Member States whose value added in Sections B, C, D and E of NACE Rev. 2 in a given base year represents less than 1 % of the European Community total only need to transmit data for total industry, MIGs, and NACE Rev. 2 Section level, or CPA Section level.
"
1.8. In Annex A, point (g) ("Deadlines for data transmission"), paragraph 2 shall be replaced by the following:
"
2. The deadline may be up to 15 calendar days longer for data on the NACE Rev. 2 Group and Class levels or the CPA Group and Class levels. For those Member States whose value added in Sections B, C, D and E of NACE Rev. 2 in a given base year represents less than 3 % of the European Community total, the deadline may be up to 15 calendar days longer for data on total industry, MIGs, NACE Rev. 2 Section and Division level or CPA Section and Division level.
"
1.9. The following paragraph shall be added to Annex A, point (i) ("First reference period"):
"
The first reference period for which all variables are to be transmitted in NACE Rev. 2 is January 2009 for monthly data and the first quarter 2009 for quarterly data.
"
2. Annex B
2.1. In Annex B, point (a) ("Scope") shall be replaced by the following:
"
(a) Scope
This Annex applies to all activities listed in Section F of NACE Rev. 2.
"
2.2. In Annex B, point (e) ("Reference period"), "NACE" shall be replaced by "NACE Rev. 2".
2.3. In Annex B, point (f) ("Level of detail"), paragraphs 1 and 2 shall be replaced by the following:
"
1. The variables No 110, 210, 220 and 230 are to be transmitted at least at the Section level of NACE Rev. 2.
2. The new orders variables (Nos 130, 135 and 136) are required only for Group 41.2 and Division 42 of NACE Rev. 2.
"
2.4. In Annex B, point (f) ("Level of detail"), paragraph 6, "NACE" shall be replaced by "NACE Rev. 2".
2.5. In Annex B, point (g), ("Deadlines for data transmission"), in paragraph 2: "NACE Rev. 1" shall be replaced by "NACE Rev. 2".
2.6. In Annex B, point (i) ("First reference year"), the following paragraph shall be added:
"
The first reference period for which all variables are to be transmitted in NACE Rev. 2 is January 2009 for monthly data and the first quarter 2009 for quarterly data.
"
3. Annex C
3.1. In Annex C, point (a) ("Scope") shall be replaced by the following:
"
(a) Scope
This Annex applies to the activities listed in Division 47 of NACE Rev. 2.
"
3.2. In Annex C, point (f) ("Level of detail"), paragraphs 1, 2, 3, 4 and 5 shall be replaced by the following:
"
1. The turnover variable (No 120) and the deflator of sales/volume of sales variables (No 330/123) are to be transmitted according to the levels of detail defined in paragraphs 2 and 3. The number of persons employed variable (No 210) is to be transmitted according to the level of detail defined in paragraph 4.
2. Detailed level regrouping NACE Rev. 2 classes and groups:
Class 47.11;
Class 47.19;
Group 47.2;
Group 47.3;
sum of Classes (47.73, 47.74 and 47.75);
sum of Classes (47.51, 47.71 and 47.72);
sum of Classes (47.43, 47.52, 47.54, 47.59 and 47.63);
sum of Classes (47.41, 47.42, 47.53, 47.61, 47.62, 47.64, 47.65, 47.76, 47.77 and 47.78);
Class 47.91.
3. Aggregate levels regrouping NACE Rev. 2 classes and groups:
sum of Class and Group (47.11 and 47.2);
sum of Groups and Classes (47.19, 47.4, 47.5, 47.6, 47.7, 47.8 and 47.9);
Division 47
Division 47 without 47.3
4.
Division 47
Division 47 without 47.3
5. Those Member States whose turnover in Division 47 of NACE Rev. 2 in a given base year represents less than 1 % of the European Community total, need only transmit the turnover variable (No 120) and the deflator of sales/volume of sales variables (No 330/123) according to the levels of detail defined in paragraph 3.
"
3.3. In Annex C, point (g) ("Deadlines for data transmission"), paragraphs 1, 2 and 3 shall be replaced by the following:
"
1. The variables shall be transmitted for turnover (No 120) and the deflator of sales/volume of sales (No 330/123) within two months at the levels of detail specified in paragraph 2 under heading (f) of this Annex. The deadline may be up to 15 days longer for those Member States whose turnover in Division 47 of NACE Rev. 2 in a given base year represents less than 3 % of the European Community total.
2. The variables shall be transmitted for turnover (No 120) and the deflator of sales/volume of sales (No 330/123) within one month for the level of detail specified in paragraph 3 under heading (f) of this Annex. Member States may choose to participate for the turnover and deflator of sales/volume of sales variables No 120 and 330/123 with contributions according to the allocation of a European sample scheme as defined in point (d) of the first subparagraph of Article 4(2). The terms of the allocation are to be determined in accordance with the procedure laid down in Article 18.
3. The number of persons employed variable shall be transmitted within 2 months after the end of the reference period. The deadline may be up to 15 days longer for those Member States whose turnover in Division 47 of NACE Rev. 2 in a given base year represents less than 3 % of the European Community total.
"
3.4. The following sentence shall be added to Annex C, point (i) ("First reference year"):
"
The first reference period for which all variables are to be transmitted in NACE Rev. 2 is January 2009 for monthly data and the first quarter 2009 for quarterly data.
"
4. Annex D
4.1. In Annex D, point (a) ("Scope") shall be replaced by the following:
"
(a) Scope
This Annex applies to all activities listed in Divisions 45 and 46 and Sections H to N and P to S of NACE Rev. 2.
"
4.2. In Annex D, point (c) ("List of variables") point 4 (d): "NACE" shall be replaced by "NACE Rev. 2".
4.3. In Annex D, point (f) ("Level of detail"), points 1, 2, 3, 4 and 5 shall be replaced by the following:
"
1. The turnover variable (No 120) is to be transmitted according to the following groupings of NACE Rev. 2:
3. For Divisions 45 and 46 of NACE Rev. 2, the turnover variable need only be transmitted at the 2 digit level by those Member States whose turnover in those Divisions of NACE Rev. 2 in a given base year represents less than 4 % of the European Community total.
4. For Sections H and J of NACE Rev. 2, the number of persons employed variable (No 210) need only be transmitted at Section level by those Member States whose total value added in Sections H and J of NACE Rev. 2 in a given base year represents less than 4 % of the European Community total.
5. The output price variable (No 310) is to be transmitted according to the following activities and groupings of NACE Rev. 2:
NACE Rev. 2 Division 78 covers the total price of labour recruited and personnel provided.
"
4.4. In Annex D, point (f) ("Level of detail"), point 7 shall be replaced by the following:
"
7. For Division 63 of NACE Rev. 2, the output price variable (No 310) need only be transmitted at the 2 digit level by those Member States whose turnover in this Division of NACE Rev. 2 in a given base year represents less than 4 % of the European Community total.
"
4.5. In Annex D, point (h) ("Pilot studies"), point 3 shall be replaced by the following:
"
3.
assess the feasibility and relevance of collection data on:
i)
management activities of holding companies NACE Rev. 2 Groups 64.2 and 70.1;
ii)
real estate NACE Rev. 2 Division 68;
iii)
research and development NACE Rev. 2 Division 72;
iv)
renting activity NACE Rev. 2 Division 77;
(v)
NACE Rev. 2 Sections K, P, Q, R, S;
"
4.6. The following paragraph shall be added to Annex D, point (i) ("First reference period):
"
The first reference period for which all variables are to be transmitted in NACE Rev. 2 is the first quarter 2009.
"
4.7. In Annex D, point (j) ("Transition period") shall be replaced by the following:
"
(j) Transition period
A transition period ending no later than 11 August 2008 may be granted for variable No 310 in accordance with the procedure laid down in Article 18. A further transition period of one year may be granted for the implementation of variable No 310 for the NACE Rev. 2 Divisions 52, 69, 70, 71, 73, 78, 80 and 81 in accordance with the procedure laid down in Article 18. In addition to those transition periods, a further transition period of one year may be granted, in accordance with the procedure laid down in Article 18, to those Member States whose turnover in the NACE Rev. 2 activities referred to under heading (a) "Scope" in a given base year represents less than 1 % of the European Community total.
"
ANNEX IV
Annex I of Regulation (EC) No 2150/2002 is amended as follows:
1) Section 1 shall be replaced by the following:
"
Coverage
The statistics are to be compiled for all activities classified within the coverage of Section A to U of NACE Rev. 2. These Sections cover all economic activities.
This Annex also covers:
a)
waste generated by households;
b)
waste arising from recovery and/or disposal operations.
"
2) In Section 8, point 1.1 shall be replaced by the following:
"
1.1.
the following items, as described in terms of NACE Rev. 2:
Item No
NACE Rev. 2 code
Description
1
Division 01 Division 02
Crop and animal production, hunting and related service activities Forestry and logging
2
Division 03
Fishing and aquaculture
3
Section B
Mining and quarrying
4
Division 10 Division 11 Division 12
Manufacture of food products Manufacture of beverages Manufacture of tobacco products
5
Division 13 Division 14 Division 15
Manufacture of textiles Manufacture of wearing apparel Manufacture of leather and related products
6
Division 16
Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials
7
Division 17 Division 18
Manufacture of paper and paper products Printing and reproduction of recorded media
8
Division 19
Manufacture of coke and refined petroleum products
9
Division 20 Division 21 Division 22
Manufacture of chemicals and chemical products Manufacture of basic pharmaceutical products and pharmaceutical preparations Manufacture of rubber and plastic products
10
Division 23
Manufacture of other non-metallic mineral products
11
Division 24 Division 25
Manufacture of basic metals Manufacture of fabricated metal products, except machinery and equipment
Manufacture of computer, electronic and optical products Manufacture of electrical equipment Manufacture of machinery and equipment n.e.c. Manufacture of motor vehicles, trailers and semi-trailers Manufacture of other transport equipment
13
Division 31 Division 32 Division 33
Manufacture of furniture Other manufacturing Repair and installation of machinery and equipment
14
Section D
Electricity, gas, steam and air conditioning supply
15
Division 36 Division 37 Division 39
Water collection, treatment and supply Sewerage Remediation activities and other waste management services
16
Division 38
Waste collection, treatment and disposal activities; materials recovery
17
Section F
Construction
18
Section G, except 46.77 Section H Section I Section J Section K Section L Section M Section N Section O Section P Section Q Section R Section S Section T Section U
Service activities: Wholesale and retail trade; repair of motor vehicles and motorcycles Transportation and storage Accommodation and food service activities Information and communication Financial and insurance activities Real estate activities Professional, scientific and technical activities Administrative and support service activities Public administration and defence; compulsory social security Education Human health and social work activities Arts, entertainment and recreation Other service activities Activities of households as employers; undifferentiated goods- and services-producing activities of households for own use Activities of extraterritorial organisations and bodies
19
Class 46.77
Wholesale of waste and scrap"
"
ANNEX V
Annex I, point (b) of Regulation (EC) No 808/2004 shall be replaced by the following:
"
(b) Coverage
This module covers business activities within Sections C to N and R and Division 95 of the statistical classification of economic activities in the European Community (NACE Rev. 2). Section K will be included subject to successful prior pilot studies.
The statistics will be compiled for enterprise units.
OJ L 293, 24.10.1990, p.1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1.).
OJ L 162, 5.6.1998, p. 1. Regulation as last amended by Regulation (EC) No 1503/2006 of the European Parliament and of the Council (OJ L 281,12.10.2006, p. 15).
OJ L 310, 30.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 1267/2003 of the European Parliament and of the Council (OJ L 180, 18.7.2003, p. 1).
Exceptional Community financial assistance to Kosovo *
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63k
European Parliament legislative resolution on the proposal for a Council decision on providing exceptional Community financial assistance to Kosovo (COM(2006)0207 – C6-0171/2006 – 2006/0068(CNS))
– having regard to the Commission proposal to the Council (COM(2006)0207)(1),
– having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0171/2006),
– having regard to Rule 51 of its Rules of Procedure,
– having regard to the report of the Committee on International Trade and the opinions of the Committee on Foreign Affairs and the Committee on Budgets (A6-0291/2006),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;
3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;
5. Instructs its President to forward its position to the Council and the Commission.
Text proposed by the Commission
Amendments by Parliament
Amendment 1 Recital 7 a (new)
(7a) This exceptional financial assistance complements other Community assistance programmes for the Western Balkans.
Amendment 2 Recital 9
(9) Although economic activity resumed after the conflict, Kosovo is at a low level of economic development. Kosovo is not in a position to borrow either domestically or on the international financial market and under its current status it is not eligible for membership in the international financial institutions. It may therefore not benefit from lending assistance associated with their programmes.
(9) Although economic activity resumed after the conflict, Kosovo is at a low level of economic development. Kosovo is not in a position to borrow either domestically or on the international financial market and under its current status it is not eligible for membership in the international financial institutions. It may therefore not benefit from lending assistance associated with their programmes, and this is the main reason for providing exceptional financial assistance in the form of a grant.
Amendment 3 Recital 12
(12) The release of this grant assistance is without prejudice to the powers of the Budgetary authority.
(12) The Community financial assistance is to be paid directly to the Kosovo Consolidated Budget of 2006 and 2007 and recorded under the heading "European Community exceptional financial assistance". The release of this grant is without prejudice to the powers of the Budgetary authority.
Amendment 4 Recital 13
(13) This financial support should be provided after verifying whether the financial and economic conditions to be agreed with the authorities of Kosovo upon approval of this Council Decision can be satisfactorily fulfilled.
(13) This financial support is to be provided after verifying whether the conditions to be agreed with the authorities of Kosovo have been satisfactorily fulfilled. The conditions for the release of tranches of the exceptional assistance shall include specific targets to be achieved in the following areas: improved transparency and increased sustainability of public finances, primarily concerning the consistency of the Kosovo Consolidated Budget with the Medium-Term Expenditure Framework and the Kosovo Development Strategy and Plan; the application of macro-economic and budgetary priorities on the basis of the Memorandum of Economic and Financial Policies agreed with the IMF on 2 November 2005; enhanced fiscal discipline and control of public expenditure, with a particular view to the detection, treatment and follow-up of suspected fraud and other irregularities concerning national and international funds, and full compliance with international democratic and human rights standards, including respect for minorities and the fundamental principles of the rule of law. Real progress in attaining the above targets should provide the basis for the disbursement of tranches of the assistance.
Amendment 5 Article 1, paragraph 1
1. The Community shall make available to Kosovo an exceptional financial assistance in the form of a grant of up to EUR 50 million with a view to alleviating the financial situation in Kosovo, supporting the development of a sound economic and fiscal framework, facilitating the continuation and strengthening of essential administrative functions and addressing public investment needs.
1. The Community shall make available to Kosovo an exceptional financial assistance in the form of a grant of up to EUR 50 million with a view to meeting Kosovo's projected external financing requirements in 2006 and 2007, in line with Kosovo's Medium-Term Expenditure Framework for 2006-2008, supporting the development of a sound economic and fiscal framework, facilitating the continuation and strengthening of essential administrative functions and addressing public investment needs.
Amendment 6 Article 1, paragraph 2 a (new)
2a. In order to facilitate dialogue with the European Parliament, the Commission shall regularly inform the European Parliament of that Committee's proceedings and provide it with the relevant documents.
Amendment 7 Article 1, paragraph 3
3. The Community financial assistance shall be made available for two years starting from the first day after the entry into force of the Memorandum of Understanding referred to in Article 2(1). However, if circumstances so require, the Commission, after consultation of the Economic and Financial Committee, may decide to extend the availability period by a maximum of one year.
3. The Community financial assistance shall be made available for two years starting from the first day after the entry into force of the Memorandum of Understanding referred to in Article 2(1). However, if circumstances so require, the Commission, after consultation of the Economic and Financial Committee and the European Parliament, may decide to extend the availability period by a maximum of one year.
Amendment 8 Article 2, paragraph 1
1. The Commission is empowered to agree with the authorities of Kosovo, after consultation with the Economic and Financial Committee, the economic policy and financial conditions attached to this assistance, to be laid down in a Memorandum of Understanding. These conditions shall be consistent with the agreements and understandings referred to in Article 1(2).
1. The Commission is empowered to agree with the authorities of Kosovo, after consultation with the Economic and Financial Committee and the European Parliament, the conditions attached to this assistance, to be laid down in a Memorandum of Understanding which shall be transmitted to the Council and the European Parliament. These conditions shall include specific targets to be achieved in the following areas: improved transparency and increased sustainability of public finances, primarily concerning the consistency of the Kosovo Consolidated Budget with the Medium-Term Expenditure Framework and the Kosovo Development Strategy and Plan; the application of macro-economic and budgetary priorities on the basis of the Memorandum of Economic and Financial Policies agreed with the IMF on 2 November 2005; enhanced fiscal discipline and control of public expenditure, with a particular view to the detection, treatment and follow-up of suspected fraud and other irregularities concerning national and international funds, and full compliance with international democratic and human rights standards, including respect for minorities and the fundamental principles of the rule of law. These conditions shall be consistent with the agreements and understandings referred to in Article 1(2).
Amendment 10 Article 2, paragraph 2
2. Before proceeding with the actual implementation of the Community assistance, the Commission shall monitor the soundness of Kosovo's financial circuits, administrative procedures, internal and external control mechanisms which are relevant to this Community macro-financial assistance.
2. Before proceeding with the actual implementation of the Community assistance, the Commission shall monitor the soundness of Kosovo's financial circuits, administrative procedures, internal and external control mechanisms which are relevant to this Community macro-financial assistance, drawing on the expertise and monitoring capacity of its representatives in Kosovo.
Amendment 11 Article 2, paragraph 3
3. The Commission shall verify at regular intervals, in collaboration with the Economic and Financial Committee and in coordination with the IMF, that economic policies in Kosovo are in accordance with the objectives of this assistance and that the agreed economic policy and financial conditions are being satisfactorily fulfilled.
3. The Commission shall verify at regular intervals, in collaboration with the Economic and Financial Committee and in coordination with the IMF, and drawing on the expertise and monitoring capacity of its representatives in Kosovo, that economic policies in Kosovo are in accordance with the objectives and conditions of this assistance, as set out in Articles 1(1) and 2(1), and that the agreed economic policy and financial conditions are being satisfactorily fulfilled.
Amendment 12 Article 3, paragraph 2
2. The second and any further instalments shall be released on the basis of a satisfactory compliance with the economic policy and financial conditions referred to in Article 2(1), and not before three months have elapsed since the release of the previous instalment.
2. The second and any further instalments shall be released on the basis of a satisfactory compliance with the conditions referred to in Article 2(1), in particular the making of satisfactory progress towards attaining the targets set out in the Memorandum of Understanding provided for in Article 2(1), and not before three months have elapsed since the release of the previous instalment.
Amendments 13 and 14 Article 4
The implementation of this assistance shall take place in accordance with the provisions of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the General Budget of the European Communities and its implementing rules. In particular, the Memorandum of Understanding referred to in Article 2(1) shall provide for appropriate measures by Kosovo related to the prevention of and the fight against fraud, corruption and other irregularities linked to this assistance. It shall also provide for controls by the Commission, including the European Anti-Fraud Office (OLAF), with the right to perform on-the-spot checks and inspections, and for audits by the Court of Auditors, where appropriate, to be carried out on the spot.
The implementation of this assistance shall take place in accordance with the provisions of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the General Budget of the European Communities and its implementing rules. In particular, the Memorandum of Understanding referred to in Article 2(1) shall provide for appropriate measures by Kosovo related to the prevention of and the fight against fraud, corruption and other irregularities linked to this assistance. In order to guarantee greater transparency in the management and disbursement of funds, it shall also provide for controls by the Commission, including the European Anti-Fraud Office (OLAF), with the right to perform on-the-spot checks and inspections, and for audits by the Court of Auditors and independent auditors where appropriate, to be carried out on the spot
Amendments 15 and 16 Article 5
At least once a year the Commission shall submit to the European Parliament and to the Council a report, including an evaluation on the implementation of this Decision in the previous year.
At least once a year, and before 15 September, the Commission shall submit to the relevant committees in the European Parliament and to the Council a report, including an evaluation of the implementation of this Decision in the previous year. This report shall specify the linkage between the targets set out in Article 2(1), Kosovo's ongoing economic and fiscal performance and the Commission's decision to release tranches of the assistance.
European Parliament legislative resolution on the proposal for a Council regulation amending Regulation (EC) No 2667/2000 on the European Agency for Reconstruction (COM(2006)0162 – C6-0170/2006 – 2006/0057(CNS))
– having regard to the Commission proposal to the Council (COM(2006)0162)(1),
– having regard to the first sentence of Article 181a(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0170/2006),
– having regard to Rule 51 of its Rules of Procedure,
– having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on Budgetary Control (A6-0285/2006),
1. Approves the Commission proposal as amended;
2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;
3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;
5. Instructs its President to forward its position to the Council and the Commission.
Text proposed by the Commission
Amendments by Parliament
Amendment 1 RECITAL 5 A (new)
(5a) In order to maintain the high level of EU involvement in the region, the Commission should ensure that relevant expertise gained by the Agency in providing technical and financial assistance to the countries concerned is not lost during the transfer of responsibilities and that the necessary continuity of work is guaranteed.
Amendment 2 ARTICLE 1 A (new)
Article 1a
Reports
1.In the interests of clarity and transparency, the Commission shall provide quarterly reports to the European Parliament and the Council, setting out the ongoing operational details of the transfer plan, including the distribution of tasks between the Agency and the relevant Commission delegations and details concerning cooperation between them during the transitional period. The reports shall also refer to the envisaged timetable for the hand-over process, the objectives achieved since the previous report and new goals to be set, in addition to providing an overview of the way in which the transfer will work in practice for all the countries concerned and, in particular, for the Former Yugoslav Republic of Macedonia, in light of its status as a candidate country.
2.In the context of the reports referred to in paragraph 1, the Commission shall specify in detail: (a) the measures it intends to take to promote regional projects, such as projects involving cooperation between countries and cross-border infrastructure projects, once the Agency has ceased to exist;
(b) plans for the upgrading of the Commission delegations and/or offices following the separation of the Republics of Serbia and Montenegro. The report shall also include proposals for upgrading the delegations and/or offices dealing with the future status of Kosovo.
(5) The Representatives of the Member States meeting within the European Council on 13 December 2003 agreed to build upon the existing European Monitoring Centre on Racism and Xenophobia established by Council Regulation (EC) No 1035/97 of 2 June 1997 and to extend its mandate to make it a Human Rights Agency.
(5) The Representatives of the Member States, meeting within the European Council on 13 December 2003, agreed to build upon the existing European Monitoring Centre on Racism and Xenophobia established by Council Regulation (EC) No 1035/97 of 2 June 1997 and to extend its mandate to make it a Human Rights Agency. They also decided on that occasion that the seat of the Agency should remain located in Vienna.
Amendment 2 Recital 8
(8)When establishing the Agency, due attention will be paid to the operating framework for the European regulatory agencies proposed by the Commission in the draft Inter-institutional Agreement1on 25 February 2005.
deleted
Amendment 3 Recital 9
(9) The Agency should refer in its work to fundamental rights as defined in Article 6(2) of the Treaty on European Union and as set out in particular in the Charter of Fundamental Rights. The close connection to the Charter should be reflected in the name of the Agency. The thematic areas of activity of the Agency should be laid down in the Multiannual Framework, thus defining the limits of the work of the Agency, which in accordance with general institutional principles, should not set a political fundamental rights agenda of its own.
(9) The Agency should refer in its work to fundamental rights as defined in Article 6(2) of the Treaty on European Union, including those set out in the European Convention on Human Rights and Fundamental Freedoms, and as reflected in particular in the Charter of Fundamental Rights. The close connection to the Charter should be reflected in the name of the Agency.
Amendment 4 Recital 9 a (new)
(9a) As the Agency is to be built upon the existing European Monitoring Centre on Racism and Xenophobia, the work of the Agency should continue to cover the phenomena of racism, xenophobia and anti-Semitism, as well as the protection of rights of persons belonging to minorities, as essential elements in the protection of fundamental rights. Due emphasis should be given to groups who experience discrimination as referred to in Article 13 of the Treaty and Article 21 of the Charter of Fundamental Rights of the European Union.
Amendment 5 Recital 11
(11) The Agency should have the right to formulate opinions to the Union institutions and to the Member States when implementing Community law, either on its own initiative or at the request of the European Parliament, the Council or the Commission, without interference with the legislative and judicial procedures established in the Treaty.
(11) The Agency should have the right to formulate opinions to the Union institutions and to the Member States when implementing Community law, either on its own initiative or at the request of the European Parliament, the Council or the Commission, without interference with the legislative and judicial procedures established in the Treaty. Those institutions should be able to request opinions on their legislative proposals or on positions taken in the course of legislative procedures as regards the compatibility thereof with fundamental rights.
Amendment 6 Recital 12
(12) The Council should have the possibility of requesting the Agency's technical expertise in the context of proceedings commenced under Article 7 of the Treaty on European Union.
(12) The European Parliament, the Council and the Commission should have the possibility of requesting the Agency's technical expertise in the context of proceedings under Article 7 of the Treaty on European Union.
Amendment 7 Recital 13
(13) The Agency should present an annual report on the situation of fundamental rights in the Union and the respect thereof by the EU institutions, bodies and agencies and the Member States when implementing Union law. Furthermore, the Agency should produce thematic reports in the topics of particular importance to the Union's policies.
(13) The Agency should present an annual report on the fundamental rights issues covered by the areas of the Agency's activity, which report should also highlight examples of good practice. Furthermore, the Agency should produce thematic reports in the topics of particular importance to the Union's policies.
Amendment 8 Recital 15
(15) The Agency should work as closely as possible with all relevant Community programmes, bodies and agencies and Union bodies in order to avoid duplication, in particular as regards the future European Institute for Gender Equality.
(15) The Agency should work as closely as possible with all relevant Union institutions as well as bodies, offices and agencies of the Community and the Union in order to avoid duplication, in particular as regards the future European Institute for Gender Equality.
Amendment 9 Recital 15 a (new)
(15a) The Agency should co-operate closely with Member States, for which purpose the Member States should nominate national liaison officers. The Agency should, in particular, communicate with the national liaison officers as regards the reports and other documents that it draws up.
Amendment 10 Recital 16
(16) The Agency should collaborate closely with the Council of Europe. Such cooperation should guarantee that any overlap between the activities of the Agency and those of the Council of Europe is avoided, in particular by elaborating mechanisms to ensure synergies, such as conclusion of a bilateral cooperation agreement and the participation of an independent person appointed by the Council of Europe in the management structures of the Agency with appropriately defined voting rights as in the current EUMC.
(16) The Agency should collaborate closely with the Council of Europe. Such cooperation should guarantee that any overlap between the activities of the Agency and those of the Council of Europe is avoided, in particular by elaborating mechanisms to ensure complementarity and added value, such as conclusion of a bilateral cooperation agreement and the participation of an independent person appointed by the Council of Europe in the management structures of the Agency with appropriately defined voting rights.
Amendment 11 Recital 16 a (new)
(16a) Recognising the important role of civil society in the protection of fundamental rights, the Agency should promote dialogue with civil society and work closely with non-governmental organisations and civil society institutions active in the field of fundamental rights. It should set up a cooperation network called the Fundamental Rights Platform with a view to establishing a structured and fruitful dialogue and close cooperation with all relevant stakeholders.
Amendment 12 Recital 17 a (new)
(17a) In order to ensure the high scientific quality of its work, the Agency should have a Scientific Committee.
Amendment 13 Recital 17 b (new)
(17b) The authorities appointing members of the Management Board, the Executive Board and the Scientific Committee should aim to achieve a balanced participation between women and men on these bodies. Particular attention should also be given to the equal representation of women and men on the staff.
Amendment 14 Recital 18
(18) The European Parliament plays a significant role in the area of fundamental rights. It should appoint one independent person as a member of the Management Board of the Agency;
(18) The European Parliament plays a significant role in the area of fundamental rights. It should therefore be consulted before the Agency's multi-annual framework is adopted and on the candidates proposed for the post of Director of the Agency.
Amendment 15 Recital 19
(19)A consultative Forum should be established to ensure the pluralist representation of the social forces of civilian society active in the field of fundamental rights within the structures of the Agency with view to establish effective cooperation with all stakeholders.
deleted
Amendment 16 Recital 21 a (new)
(21a) The Staff Regulations of Officials of the European Communities, the Conditions of Employment of Other Servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these Staff Regulations and Conditions of Employment apply to the staff and the Director of the Agency, including their rules relating to the dismissal of the Director.
Amendment 17 Recital 22
(22) The Agency should have legal personality and succeed the European Monitoring Centre on Racism and Xenophobia as regards all legal obligations, financial commitments or liabilities carried out by the Centre or agreements made by the Centre as well as the employment contracts with the staff of the Centre. The seat of the Agency should remain located in Vienna, as determined by Decision of the Representatives of the Governments of the Member States of 2 June 1997 determining the seat of the European Monitoring Centre on Racism and Xenophobia.
(22) The Agency should have legal personality and succeed the European Monitoring Centre on Racism and Xenophobia as regards all legal obligations, financial commitments or liabilities carried out by the Centre or agreements made by the Centre as well as the employment contracts with the staff of the Centre.
Amendment 18 Recital 22 a (new)
(22a) The Agency should be open to the participation of candidate countries. Furthermore, the countries with which a Stabilisation and Association agreement has been concluded should be allowed to participate in the Agency, since this will enable the Union to support their efforts towards European integration by facilitating gradual alignment of their legislation to Community law as well as the transfer of know-how and good practice, particularly in those areas of the acquis that will serve as a central reference point for the reform process in the Western Balkans.
Amendment 19 Recital 23
(23)Since the measures needed for the implementation of this Regulation are measures of general scope within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, they should be adopted by the regulatory procedure provided for in Article 5 of that Decision.
deleted
Amendment 20 Recital 23 a (new)
(23a) The Agency should initiate the necessary evaluations of its activities in due time, including an in-depth evaluation of its scope in relation to countries that are not members of the Union, on the basis of which the Agency's scope, tasks and working methods should be reviewed.
Amendment 21 Article 3, paragraphs 2 to 4
2. The Agency shall refer in carrying out its tasks to fundamental rights as defined in Article 6(2) of the Treaty on European Union and as set out in particular in the Charter of Fundamental Rights of the European Union as proclaimed in Nice on 7 December 2000.
2. In carrying out its tasks, the Agency shall refer to fundamental rights within the meaning of Article 6(2) of the Treaty on European Union, including those set out in the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950, and as reflected in the Charter of Fundamental Rights of the European Union proclaimed in Nice on 7 December 2000.
3. When pursuing its activities, the Agency shall concern itself with the situation of fundamental rights in the European Union and in its Member States when implementing Community law, without prejudice to paragraph 4 and to Articles 4(1)(e), 27 and 28.
3. The Agency shall deal with fundamental rights issues in the European Union and in its Member States when implementing Community law. In addition, it may deal with fundamental rights issues within the scope of paragraph 1 in those countries referred to in Article 27(1) to the extent necessary for the gradual alignment to Community law of the country concerned and in accordance with Article 27(2).
4.Without prejudice to Article 27, the Agency shall, at the request of the Commission, provide information and analysis on fundamental rights issues identified in the request as regards third countries with which the Community has concluded association agreements or agreements containing provisions on respect of human rights, or has opened or is planning to open negotiations for such agreements, in particular countries covered by the European Neighbourhood Policy.
Amendment 22 Article 4
1. To meet the objective set in Article 2, the Agency shall:
1. To meet the objective set in Article 2 and within its competences as laid down in Article 3, the Agency shall:
(a) collect, record, analyse and disseminate relevant, objective, reliable and comparable information and data, including results from research and monitoring communicated to it by Member States, Union institutions, Community agencies, research centres, national bodies, non-governmental organisations, relevant third countries and international organisations;
(a) collect, record, analyse and disseminate relevant, objective, reliable and comparable information and data, including results from research and monitoring communicated to it by Member States, Union institutions, bodies, offices and agencies of the Community and the Union, research centres, national bodies, non-governmental organisations, third countries, international organisations and in particular the competent bodies of the Council of Europe;
(b) develop methods to improve the comparability, objectivity and reliability of data at European level, in cooperation with the Commission and the Member States;
(b) develop methods and standards to improve the comparability, objectivity and reliability of data at European level, in cooperation with the Commission and the Member States;
(c) carry out, cooperate with or encourage scientific research and surveys, preparatory studies and feasibility studies, also, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the Commission. It shall also organize meetings of experts and, whenever necessary, set up ad hoc working parties;
(c) carry out, cooperate with or encourage scientific research and surveys, preparatory studies and feasibility studies, also, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the Commission;
(d) formulate conclusions and opinions on general subjects, for the Union institutions and the Member States when implementing Community law, either on its own initiative or at the request of the European Parliament, the Council or the Commission;
(d) formulate and publish conclusions and opinions on specific thematic topics, for the Union institutions and the Member States when implementing Community law, either on its own initiative or at the request of the European Parliament, the Council or the Commission;
(e) make its technical expertise available to the Council, where the Council, pursuant to Article 7(1) of the Treaty on European Union, calls on independent persons to submit a report on the situation in a Member State or where it receives a proposal pursuant to Article 7(2), and where the Council, acting in accordance with the procedure set out in these respective paragraphs of Article 7 of the Treaty on European Union, has requested such technical expertise from the Agency;
(e) make its technical expertise available to the European Parliament and the Council, where the Council receives a proposal pursuant to Article 7(1) or (2) of the Treaty on European Union;
(f) publish an annual report on the situation of fundamental rights, also highlighting examples of good practice;
(f) publish an annual report on fundamental rights issues covered by the areas of the Agency's activity, also highlighting examples of good practice;
(g) publish thematic reports based on its analysis, research and surveys;
(g) publish thematic reports based on its analysis, research and surveys;
(h) publish an annual report on its activities;
(h) publish an annual report on its activities;
(i) enhance cooperation between civil society, including non-governmental organisations, the social partners, research centres and representatives of competent public authorities and other persons or bodies involved in dealing with fundamental rights, in particular by networking, promoting dialogue at European level and participating where appropriate in discussions or meetings at national level;
(i) develop a communication strategy and promote dialogue with civil society, in order to raise public awareness of fundamental rights and actively inform the public of its work.
(j) organise, with relevant stakeholders, conferences, campaigns, round tables, seminars and meetings at European level to promote and disseminate its work; and
(k) develop a communication strategy aimed at raising the awareness of the general public, set up documentation resources accessible to the public and prepare educational material, promoting cooperation and avoiding duplication with other sources of information.
2. The conclusions, opinions and reports formulated by the Agency when carrying out the tasks mentioned in paragraph 1 shall not concern questions of the legality of proposals from the Commission under Article 250 of the Treaty, positions taken by the institutions in the course of legislative procedures or the legality of acts within the meaning of Article 230 of the Treaty. They shall not deal with the question whether a Member State has failed to fulfil an obligation under the Treaty within the meaning of Article 226 of the Treaty.
2. The conclusions, opinions and reports referred to in paragraph 1 may concern proposals from the Commission under Article 250 of the Treaty or positions taken by the institutions in the course of legislative procedures only where the institution concerned has submitted a request therefor in accordance with Article 4(1)(d). Those conclusions, opinions and reports shall not deal with the legality of acts within the meaning of Article 230 of the Treaty, or with the question whether a Member State has failed to fulfil an obligation under the Treaty within the meaning of Article 226 of the Treaty.
Amendment 23 Article 5
1. The Commission shall adopt a Multiannual Framework for the Agency in accordance with the regulatory procedure referred to in Article 29(2). The Framework shall:
1. The Management Board of the Agency, taking due account of the guidelines arising from European Parliament resolutions and Council conclusions in the field of fundamental rights, shall, on the basis of a proposal by the Commission, adopt a multi-annual framework.
(a) cover five years;
(b) determine the thematic areas of the Agency's activity, always including the fight against racism and xenophobia;
(c) be in line with the Union priorities as defined in the Commission's strategic objectives;
(d) have due regard to the Agency's financial and human resources; and
(e) include provisions with a view to avoiding thematic overlap with the remit of other Community bodies, offices and agencies.
2. The Agency shall carry out its tasks within the thematic areas determined by the Multiannual Framework. This shall be without prejudice to the possibility for the Agency to respond to requests from the European Parliament, the Council or the Commission under Articles 3(4), 4(1)(d) and (e) outside these thematic areas, provided its financial and human resources so permit.
2. The multi-annual framework shall cover five years, be consistent with the Union's priorities and strategic objectives, and be compatible with the financial and human resources available to the Agency.
3. The Agency shall carry out its tasks in the light of its Annual Work Programme and with due regard to the available financial and human resources.
3. The Agency shall carry out its tasks within the thematic areas determined by the multi-annual framework. However, the Agency shall also respond to requests from the European Parliament, the Council or the Commission under Articles 4(1)(d) and (e) that fall outside those thematic areas, provided that its financial and human resources so permit.
4. The Annual Work Programme, adopted in accordance with Article 11(4)(a), shall be in line with the Commission's annual work programme, including its research work and its actions on statistics undertaken in the context of the Community Statistical Programme.
4. The Agency shall carry out its tasks in the light of its annual work programme.
Amendment 24 Article 6, paragraphs 1 and 2
1. The Agency shall set up and coordinate the necessary information networks. They shall be designed so as to ensure the provision of objective, reliable and comparable information, drawing on the expertise of a variety of organizations and bodies in each Member State and taking account of the need to involve national authorities in the collection of data.
1. In order to ensure the provision of objective, reliable and comparable information, the Agency shall, drawing on the expertise of a variety of organizations and bodies in each Member State and taking account of the need to involve national authorities in the collection of data
(a) set up and co-ordinate information networks, such as the network of independent experts on fundamental rights, and use existing networks; (b) organize meetings of external experts; and, (c) whenever necessary, set-up ad hoc working parties.
2. In pursuing its activities, the Agency shall, in order to avoid duplication and guarantee the best possible use of resources, take account of existing information from whatever source, and in particular of activities already carried out by
2. In pursuing its activities, the Agency shall, in order to achieve complementarity and guarantee the best possible use of resources, take account, where appropriate, of information collected and of activities undertaken, in particular by:
(a) Community institutions, bodies, offices and agencies;
(a) Union institutions and bodies, offices and agencies of the Community and the Union and of the Member States;
(b) institutions, bodies, offices and agencies of the Member States; and
(b) the Council of Europe, by referring to the findings and activities of its monitoring and control mechanisms and its Commissioner for Human Rights; and
(c) the Council of Europe and other international organisations.
(c) the Organisation of Security and Co-operation in Europe (OSCE), the United Nations and other international organisations.
Amendment 25 Article 8, titleand paragraph 1
Cooperation with organisations at Member State and European level
Cooperation with organisations at Member State and international level
-1.In order to ensure close cooperation with Member States, each Member State shall nominate a government official as a national liaison officer. The Agency shall forward to the national liaison officers all documents drawn up in accordance with Article 4(1)(a), (b), (c), (d), (e), (f), (g), and (i).
1. To help it carry out its tasks, the Agency shall cooperate with governmental and non-governmental organisations and bodies competent in the field of fundamental rights at the Member State or at European level.
1. To help it carry out its tasks, the Agency shall cooperate with: - governmental organisations and public bodies competent in the field of fundamental rights in the Member States, including national human rights institutions; - the OSCE, especially the Office for Democratic Institutions and Human Rights (ODIHR), the United Nations and other international organisations.
Amendment 26 Article 9
The Agency shall coordinate its activities with those of the Council of Europe, particularly with regard to its Annual Work Programme pursuant to Article 5. To this end, the Community shall, in accordance with the procedure provided for in Article 300 of the Treaty, enter into an agreement with the Council of Europe for the purpose of establishing close cooperation between the latter and the Agency. This agreement shall include the obligation of the Council of Europe to appoint an independent person to sit on the Agency's Management Board, in accordance with Article 11.
In order to ensure complementarity and added value, the Agency shall coordinate its activities with those of the Council of Europe, particularly with regard to the Annual Work Programme pursuant to Article 5 and to the cooperation with civil society in accordance with Article 9a. To this end, the Community shall, in accordance with the procedure provided for in Article 300 of the Treaty, enter into an agreement with the Council of Europe for the purpose of establishing close cooperation between the latter and the Agency. This agreement shall include the appointment of an independent person by the Council of Europe to sit on the Agency's Management Board and on its Executive Board, in accordance with Articles 11 and 12.
Amendment 27 Article 9 a (new)
Article 9a
Cooperation with civil society and the establishment of a Fundamental Rights Platform
1.The Agency shall closely cooperate with non-governmental organisations and civil society institutions active, at national, European or international level, in the field of fundamental rights, including in combating racism and xenophobia and in the protection of minorities. To that end, the Agency shall establish a cooperation network, to be known as the Fundamental Rights Platform, composed of non-governmental organisations dealing with human rights, trade unions and employers' organisations, relevant social and professional organisations, churches, religious, philosophical and non-confessional organisations, universities and other qualified experts of European and international bodies and organisations.
2.The Platform shall constitute a mechanism for the exchange of information and the pooling of knowledge. It shall ensure close cooperation between the Agency and relevant stakeholders.
3.The Platform shall be open to all interested and qualified stakeholders pursuant to paragraph 1. The Agency may address the members of the Platform in accordance with specific needs related to areas identified as a priority of the Agency's work.
4.The Agency shall call upon the Platform in particular to: (a) make suggestions to the Management Board on the annual work programme to be adopted under Article 11(4)(a); (b) give feedback and suggest follow-up to the Management Board on the annual report provided for in Article 4(1)(f); and (c) communicate outcomes and recommendations of conferences, seminars and meetings relevant to the work of the Agency to the Director and the Scientific Committee.
5.The Platform shall be coordinated under the authority of the Director.
Amendment 28 Article 10, points (c) and (d)
(c) a director; (d) a forum.
(c) a Scientific Committee; and (d) a Director.
Amendment 29 Article 11
1. The Management Board shall be composed of persons with appropriate experience in the field of fundamental rights and the management of public sector organisations, as follows:
1. The Management Board shall be composed of persons with appropriate experience in the field of fundamental rights and the management of public sector organisations, as follows:
(a) one independent person appointed by each Member State;
(a) one independent person appointed by each Member State who has high-level responsibilities in an independent national human rights institution or other public or private-sector organisation;
(b) one independent person appointed by the European Parliament;
(c) one independent person appointed by the Council of Europe; and
(c) one independent person appointed by the Council of Europe; and
(d) two representatives of the Commission.
(d) two persons nominated by the Commission:
- one of whom shall be an independent person designated from among individuals whose competence in the field of fundamental rights is universally recognized, and
- the other of whom shall be a representative of the Commission.
The persons referred to in point (a) shall be persons: with high level responsibilities in the management of an independent national human rights institution; or, with thorough expertise in the field of fundamental rights gathered in the context of other independent institutions or bodies.
Each member of the Management Board may be represented by an alternate member meeting the above requirements. The list of the members of the Board shall be made public and shall be updated by the Agency on its web site.
2.The term of office of the members of the Management Board appointed shall be five years. It may be renewed once. However, where a member no longer meets the criteria by reason of which he or she was appointed, he or she shall forthwith inform the Commission and the Director of the Agency. The party concerned shall appoint a new member for the remaining term of the office.
3.The Management Board shall elect its Chairperson and Vice-Chairperson to serve for a two-and-a-half year term, which may be renewed once. Each member of the Management Board, or, in his or her absence, his or her alternate shall have one vote.
4. The Management Board shall ensure that the Agency performs the tasks entrusted to it. It shall be the Agency's planning and monitoring body. In particular, it shall: (a) adopt the Agency's Annual Work Programme on the basis of a draft submitted by the Agency's Director after the Commission has delivered an opinion. It shall be in accordance with the available financial and human resources. The Annual Work Programme shall be transmitted to the European Parliament, the Council and the Commission; (b) adopt the annual reports referred to in Article 4(1)(f) and (h), comparing, in particular, the results achieved with the objectives of the annual work programme; these reports shall be transmitted not later than 15 June to the European Parliament, the Council, the Commission, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions; (c) appoint and, if necessary, dismiss the Agency's Director; (d) adopt the Agency's annual draft and final budgets; (e) exercise disciplinary authority over the Director; (f) draw up an annual estimate of expenditure and revenue for the Agency and send it to the Commission, in accordance with Article 19(5); (g) adopt the Agency's rules of procedure on the basis of a draft submitted by the Director after the Commission has delivered an opinion; (h) adopt the financial rules applicable to the Agency on the basis of a draft submitted by the Director after the Commission has delivered an opinion, in accordance with Article 20(11); (i) adopt the necessary measures to implement the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities, in accordance with Article 23(3); and (j) adopt the procedures for applying Regulation (EC) No 1049/2001 of the European Parliament and of the Council, in accordance with Article 16(2).
4. The term of office of the members and alternate members of the Management Board shall be five years. It shall not be renewable.
5. The Management Board may delegate any of its responsibilities to the Executive Board, except for the matters referred to in points (a), (b), (c), (d), (g) and (h) of paragraph 4.
5. Apart from normal replacement or death, the term of office of the member or the alternate member shall end only when he or she resigns. However, where a member or an alternate member no longer meets the criterion of independence, he or she shall forthwith inform the Commission and the Director of the Agency thereof. The party concerned shall appoint a new member or a new alternate member for the remainder of the term of office. The party concerned shall also appoint a new member or a new alternate member for the remainder of the term of office, if the Management Board has established, on the basis of a proposal of one third of its members or of the Commission, that a member or alternate member no longer meets the criterion of independence. Where the remainder of the term of office is less than two years, the term of office of the new member or alternate member may be a full five years.
6. Decisions by the Management Board shall be taken by a simple majority of the votes cast, except as regards the decisions referred to in points (a), (c), (d) and (e) of paragraph 4, where a two-thirds majority of all members shall be required. The Chairperson shall have the casting vote. The person appointed by the Council of Europe may vote only on decisions referred to in points (a) and (b) of paragraph 4.
6. The Management Board shall elect its Chairperson and Vice-Chairperson and the other two members of the Executive Board as referred to in Article 12 from its members appointed under paragraph 1(a) to serve for a two-and-a-half year term, which may be renewed once.
7. The Chairperson shall convene the Board once a year, without prejudice to extraordinary supplementary meetings. The Chairperson shall convene extraordinary meetings on his or her own initiative or at the request of at least one third of the members of the Management Board.
7. The Management Board shall ensure that the Agency performs the tasks entrusted to it. It shall be the Agency's planning and monitoring body. In particular, it shall: (a) adopt the Agency's annual work programme in accordance with the multi-annual framework, on the basis of a draft submitted by the Director of the Agency after the Commission and the Scientific Committee have delivered an opinion. It shall be in accordance with the available financial and human resources and shall take into account the research and statistical work of the Community. The annual work programme shall be forwarded to the European Parliament, the Council and the Commission; (b) adopt the annual reports referred to in Article 4(1)(f) and (h), comparing in the latter one, in particular, the results achieved with the objectives of the annual work programme; without prejudice to the fifth paragraph of Article 12a, the Scientific Committee shall be consulted before the report referred to in Article 4(1)(f) is adopted; the reports shall be forwarded no later than 15 June to the European Parliament, the Council, the Commission, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions; (c) appoint and, if necessary, dismiss the Director of the Agency; (d) adopt the Agency's annual draft and final budgets; (e) exercise the powers laid down in Article 23(2) in respect of the Director and disciplinary authority over the Director; (f) draw up an annual estimate of expenditure and revenue for the Agency and send it to the Commission in accordance with Article 19(5); (g) adopt the Agency's rules of procedure on the basis of a draft submitted by the Director after the Commission and the Scientific Committee have delivered an opinion; (h) adopt the financial rules applicable to the Agency on the basis of a draft submitted by the Director after the Commission has delivered an opinion, in accordance with Article 20(11); (i) adopt the necessary measures to implement the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities in accordance with Article 23(3); (j) adopt the arrangements to implement Regulation (EC) No 1049/2001, in accordance with Article 16(2); (k) appoint and dismiss members of the Scientific Committee in accordance with the first and third paragraphs of Article 12a; and (l) establish that a member or an alternate member of the Management Board no longer meets the criterion of independence, in accordance with paragraph 5.
8. The Director of the European Institute for Gender Equality may attend meetings of the Management Board as an observer. The Directors of other relevant Community agencies and Union bodies may also attend as observers when invited by the Executive Board.
8. The Management Board may delegate its responsibilities to the Executive Board except for the matters referred to in points (a), (b), (c), (d), (e), (g), (h), (k) and (l) of paragraph 7.
8a. Decisions by the Management Board shall be taken by a simple majority of the votes cast, except as regards the decisions referred to in paragraph 6 as well as in the points (a), (b), (c), (d), (e), (g), (k) and (l) of paragraph 7, where a two-thirds majority of all members shall be required. Each member of the Management Board, or, in his or her absence, his or her alternate shall have one vote. The Chairperson shall have the casting vote. The person appointed by the Council of Europe may vote on decisions referred to in points (a), (b), (g) and (k) of paragraph 7.
8b. The Chairperson shall convene the Management Board twice a year, without prejudice to any additional extraordinary meetings. The Chairperson shall convene extraordinary meetings on his or her own initiative or at the request of at least one third of the members of the Management Board.
8c. The Chairperson or Vice-Chairperson of the Scientific Committee and the Director of the European Institute for Gender Equality may attend meetings of the Management Board as observers. The Directors of other relevant Community agencies, Union bodies and other international institutions as referred to in Articles 8 and 9 may also attend as observers when invited by the Executive Board.
Amendment 30 Article 12, paragraph 1
1. The Management Board shall be assisted by an Executive Board. The Executive Board shall be made up of the Chairperson and the Vice-Chairperson of the Management Board and two Commission representatives.
1. The Management Board shall be assisted by an Executive Board. The Executive Board shall be made up of the Chairperson and the Vice-Chairperson of the Management Board, two other members of the Management Board elected by the Management Board in accordance with Article 11(6) and one of the persons nominated by the Commission to the Management Board. The person appointed by the Council of Europe to the Management Board may participate in the meetings of the Executive Board as an observer.
Amendment 31 Article 12 a (new)
Article 12a
Scientific Committee
The Scientific Committee shall be composed of eleven independent persons, highly qualified in the field of fundamental rights. The Management Board shall appoint the members following a transparent call for applications and selection procedure after having consulted and taken into account the views expressed by the competent committee of the European Parliament. The Management Board shall ensure even geographical representation. The members of the Management Board shall not be members of the Scientific Committee. The rules of procedure referred to in Article 11(7)(g) shall lay down the detailed conditions governing the appointment of the Scientific Committee.
The term of office of the members of the Scientific Committee shall be five years. It shall not be renewable.
The members of the Scientific Committee shall be independent. They may be replaced only at their own request, or in the event of their being permanently prevented from fulfilling their duties. However, where a member no longer meets the criterion of independence, he or she shall forthwith inform the Commission and the Director of the Agency thereof. Alternatively, the Management Board may declare, on a proposal of one third of its members, that the person concerned no longer meets the criterion of independence and dismiss the person concerned. The Management Board shall appoint a new member for the remainder of the term of office in accordance with the procedure for ordinary members. Where the remainder of the term of office is less than two years, the term of office of the new member may be a full five years. The list of members of the Scientific Committee shall be made public and shall be updated by the Agency on its web site.
The Scientific Committee shall elect its Chairperson and Vice-Chairperson for a term of office of one year.
The Scientific Committee shall be the guarantor of the scientific quality of the Agency's work, guiding the work to that effect. For that purpose, the Director shall involve the Scientific Committee as early as appropriate in the preparation of all documents drawn up in accordance with Article 4(1)(a), (b), (c), (d), (e), (f), (g), and (i).
The Scientific Committee shall take its decisions by a two-thirds majority. It shall be convened by its Chairperson four times per year. If necessary, the Chairperson shall launch a written procedure or shall convene extraordinary meetings on his or her own initiative or at the request of at least four members of the Scientific Committee.
Amendment 32 Article 13
1. The Agency shall be headed by a Director, appointed by the Management Board on the basis of a list of candidates proposed by the Commission. The Director shall be appointed on the basis of his or her personal merit, administrative and management skills and experience in the field of fundamental rights. Before being appointed, the candidate selected by the Management Board may be asked to make a statement before the competent committee of the European Parliament and answer questions from its members.
1. The Agency shall be headed and represented by a Director appointed by the Management Board in accordance with a co-operation ("concertation") procedure provided for in paragraph 2. The Director shall be appointed on the basis of his or her personal merit, experience in the field of fundamental rights and administrative and management skills.
2. The Director's term of office shall be five years. On a proposal from the Commission and after evaluation, this may be extended once for a period of no more than five years. In the evaluation, the Commission shall assess in particular the results achieved during the first term of office and the way in which they were achieved, and the Agency's duties and requirements in the coming years.
2. The cooperation procedure shall be as follows: (a) on the basis of a list drawn up by the Commission after a call for candidates and a transparent selection procedure, applicants shall be asked before an appointment is made to address the Council of the European Union and the relevant European Parliament committee and to reply to questions; (b) the European Parliament and the Council of the European Union shall then give their opinion on the applicants and state their orders of preference; (c) the Management Board shall appoint the Director taking those opinions into account.
3. The Director shall be responsible for: (a) performance of the tasks referred to in Article 4; (b) preparation and implementation of the Agency's Annual Work Programme; (c) all staff matters, and in particular exercising powers provided for in Article 23(2); (d) matters of day-to-day administration; (e) implementation of the Agency's budget, in accordance with Article 20; and (f) implementation of effective monitoring and evaluation procedures relating to the performance of the Agency against its objectives according to professionally recognised standards. The Director shall report annually to the Management Board on the results of the monitoring system.
3. The Director's term of office shall be five years. In the course of the nine months preceding the end of that period, the Commission shall evaluate in particular the performance of the Director and the Agency's duties and requirements in the coming years. Taking account of the evaluation report and only where justified by the duties and requirements of the Agency, the Management Board may, acting on a proposal from the Commission, extend the term of office of the Director once for not more than three years. The Management Board shall inform the European Parliament of its intention to extend the Director's term of office. Within a period of one month before the Management Board formally takes its decision to extend the term of office, the Director may be asked to make a declaration before the competent committee of the European Parliament and to answer questions from its members. Where his or her term of office is not extended, the Director shall remain in office until the appointment of his or her successor.
4. The Director shall be accountable for the management of his/her activities to the Management Board and shall participate in its meetings without voting rights.
4. The Director shall be responsible for: (a) performance of the tasks referred to in Article 4 and in particular the preparation and publication of the documents drawn up in accordance with Article 4(1)(a), (b), (c), (d), (e), (f), (g) and (i) in cooperation with the Scientific Committee; (b) preparation and implementation of the Agency's annual work programme; (c) all staff matters, and in particular the exercise in respect of staff of the powers laid down in Article 23(2); (d) matters of day-to-day administration; (e) implementation of the Agency's budget, in accordance with Article 20; (f) implementation of effective monitoring and evaluation procedures relating to the performance of the Agency against its objectives according to professionally recognised standards. The Director shall report annually to the Management Board on the results of the monitoring system; (g) cooperation with national liaison officers; and (h) cooperation with civil society, including coordination of the Fundamental Rights Platform in accordance with Article 9a.
5. The Director may be dismissed by the Management Board before his or her term has expired, on the basis of a proposal from the Commission.
5. The Director shall perform his or her tasks independently. He or she shall be accountable for the management of his or her activities to the Management Board and shall participate in its meetings without voting rights.
5a.The Director may be called at any time by the European Parliament or by the Council to attend a hearing on any matter linked to the Agency's activities.
5b. The Director may be dismissed by the Management Board before his or her term has expired, on the basis of a proposal of a third of its members. The Chairperson of the Management Board shall inform the European Parliament and the Council of the reasons for the dismissal.
Amendment 33 Article 14
Article 14 Fundamental Rights Forum 1.The Forum shall be composed of representatives of non-governmental organisations responsible for fundamental rights and efforts to combat racism, xenophobia and anti-Semitism, trade unions and employer's organisations, relevant social and professional organisations, churches, religious, philosophical and non-confessional organisations, universities and qualified experts and European and international bodies and organisations. 2.The members of the Forum shall be selected by an open selection mechanism to be determined by the Management Board. Their maximum number shall be 100. Their term of office shall be five years, which may be renewed once. 3.Members of the Management Board shall not be members of the Forum, but may attend its meetings. 4.The Forum shall constitute a mechanism for the exchange of information in relation to fundamental rights issues and the pooling of knowledge. It shall ensure close cooperation between the Agency and relevant stakeholders. 5.The Forum shall: - make suggestions for the purpose of drawing up the Annual Work Programme to be adopted under Article 11(4)(a); and - give feedback and suggest follow up on the basis of the annual report on the situation regarding fundamental rights adopted under Article 11(4)(b). 6.The Forum shall be chaired by the Director. It shall meet annually, or at the request of the Management Board. Its operational procedures shall be specified in the Agency's internal rules and shall be made public. 7.The Agency shall provide the technical and logistic support necessary for the Forum and provide a secretariat for its meetings.
deleted
Amendment 34 Article 15, paragraph 2
2. The members of the Management Board, the Director and the members of the Forum shall undertake to act in the public interest. For this purpose, they shall make a statement of commitment. The members of the Management Board appointed under Article 11(1)(a), (b) and (c), the Director and the members of the Forum shall undertake to act independently. For this purpose, they shall make a statement of interests indicating either the absence of any interests which might be considered prejudicial to their independence or any direct or indirect interests which might be considered prejudicial to their independence. Both statements shall be made annually in writing.
2. The members and alternate members of the Management Board, the members of the Scientific Committee and the Director shall undertake to act in the public interest. For this purpose, they shall make a statement of interests indicating either the absence of any interests which might be considered prejudicial to their independence or any direct or indirect interests which might be considered prejudicial to their independence. They shall make that statement in writing when taking office and shall revise it should changes occur with regard to the interests. It shall be published by the Agency on its website.
Amendment 35 Article 16, title and paragraphs 1 and 2
Access to documents
Transparency and access to documents
1. Regulation (EC) No 1049/2001 of the European Parliament and of the Council shall apply to documents held by the Agency.
1. The Agency shall develop good administrative practices in order to ensure the highest possible level of transparency concerning its activities.
Regulation (EC) No 1049/2001 of the European Parliament and of the Council shall apply to the documents held by the Agency.
2. The Management Board shall adopt arrangements to implement Regulation (EC) No 1049/2001 within six months of the commencement of the Agency's operation.
2. The Management Board shall, within six months after the Agency becomes operational, adopt specific rules for the practical implementation of paragraph 1. These shall include inter alia rules for: - the openness of meetings, - publication of the work of the Agency, including that of the Scientific Committee, and - the implementation of Regulation (EC) No 1049/2001.
Amendment 36 Article 19, paragraph 3
3. The revenue of the Agency shall, without prejudice to other resources, comprise:
3. The revenue of the Agency shall, without prejudice to other resources, comprise a subsidy from the Community, entered in the general budget of the European Union (Commission section).
(a) a subsidy from the Community, entered in the general budget of the European Union (Commission section); and (b) payments received for services rendered.
This revenue may be supplemented by payments received for services rendered in the framework of the implementation of the tasks listed in Article 4.
This revenue may be complemented by (a) voluntary contributions from the Member States; and (b) financial contributions from the organisations or third countries referred to in Articles 8, 9 or 27.
Amendment 37 Article 22, paragraph 4
4. The Agency shall legally succeed the European Monitoring Centre on Racism and Xenophobia. It shall assume all legal rights and obligations, financial commitments or liabilities of the Centre. Employment contracts concluded by the Centre before the adoption of this Regulation shall be honoured.
4. The Agency shall legally succeed the European Monitoring Centre on Racism and Xenophobia. It shall assume all legal rights and obligations, financial commitments or liabilities of the Centre.
Amendment 38 Article 23, paragraphs 1 and 2
1. The Staff Regulations of Officials of the European Communities, the Conditions of Employment of Other Servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the Agency.
1. The Staff Regulations of Officials of the European Communities, the Conditions of Employment of Other Servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the Agency and its Director.
2. In respect of its staff, the Agency shall exercise the powers conferred on the appointing authority.
2. In respect of its staff, the Agency shall exercise the powers conferred on the appointing authority by the Staff Regulations of Officials of the European Communities and on the authority entitled to conclude contracts by the Conditions of Employment of Other Servants of the European Communities.
Amendment 39 Article 27
Participation of candidate or potential candidate countries
Participation of candidate countries and countries with which a Stabilisation and Association Agreement has been concluded
1. The Agency shall be open to the participation of those countries which have concluded an association agreement with the Community and have been identified by the European Council as candidate countries or potential candidate countries for accession to the Union where the relevant Association Council decides on such participation.
1. The Agency shall be open to the participation of candidate countries and countries with which a Stabilisation and Association Agreement has been concluded by the European Community.
2. In that event, the modalities of their participation shall be determined by a decision of the relevant Association Council. The decision shall specify the expertise and assistance to be offered to the country in question and indicate in particular the nature, extent and manner in which these countries will participate in the Agency's work, including provisions relating to participation in the initiatives undertaken by the Agency, to the financial contribution and to staff. The decision shall be in line with this Regulation and with the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities. The decision shall provide that the participating country may appoint an independent person fulfilling the qualifications for persons referred to in Article 11(1)(a) as observer to the Management Board without right to vote.
2. The participation of such countries and the relevant modalities shall be determined by a decision of the relevant Association Council, taking into account the specific status of each country. The decision shall lay down in particular the nature, extent and manner in which these countries will participate in the Agency's work, within the framework laid down in Articles 4 and 5, including provisions relating to participation in the initiatives undertaken by the Agency, to the financial contribution and to staff. The decision shall be in line with this Regulation and with the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities. The decision shall provide that the participating country may appoint an independent person fulfilling the qualifications for persons referred to in Article 11(1)(a) as observer to the Management Board without right to vote.
3.The Agency shall concern itself with the situation of fundamental rights in the countries, which participate in accordance with this Article, to the extent it is relevant for the respective association agreement. Articles 4 and 5 shall apply by analogy to that effect.
Amendment 40 Article 29
Article 29 Procedure 1.The Commission shall be assisted by a committee, composed of representatives of the Member States and chaired by the representative of the Commission. 2.Where reference is made to this paragraph, the regulatory procedure laid down in Article 5 of Decision 1999/468/EC shall apply, in compliance with Article 7(3) thereof. 3.The period provided for in Article 5(6) of Decision 1999/468/EC shall be one month.
deleted
Amendment 41 Article 30
1. The current term of office of the members of the Management Board of the European Monitoring Centre on Racism and Xenophobia shall terminate on 31 December 2006. The Commission shall take the necessary measures to ensure that a Management Board established in accordance with Article 11 shall start its term of office on 1 January 2007.
1. The current term of office of the members of the Management Board of the European Monitoring Centre on Racism and Xenophobia shall terminate on 31 December 2006. The Commission shall take the necessary measures without delay after the entry into force of this Regulation to ensure that a Management Board established in accordance with Article 11 shall start its work in due course.
2. The Commission shall start the procedure for appointing a Director of the Agency as provided for in Article 13(1) without delay after the entry into force of this Regulation.
2. The parties concerned shall start the procedure for appointing a Director of the Agency as provided for in Article 13(1) without delay after the entry into force of this Regulation.
3. The Management Board, acting on a proposal from the Commission, may extend the current term of the Director of the European Monitoring Centre on Racism and Xenophobia for a maximum period of 18 months, pending the appointment procedure referred to in paragraph 2.
3. The Management Board, acting on a proposal from the Commission, may appoint an interim Director or extend the current term of the Director of the European Monitoring Centre on Racism and Xenophobia for the shortest possible period, pending the appointment procedure referred to in paragraph 2.
4.If the Director of the Centre is unwilling or unable to act in accordance with paragraph 3, the Management Board shall appoint an interim Director on the same conditions.
Amendment 42 Article 31, paragraphs 1 to 3
1. The Agency shall regularly carry out ex-ante and ex-post evaluations of its activities when these necessitate significant expenditure. It shall notify the Management Board of the results of these evaluations
1. The Agency shall regularly carry out ex-ante and ex-post evaluations of its activities when these necessitate significant expenditure. The Director shall notify the Management Board of the results of these evaluations.
2. The Agency shall forward annually to the budgetary authority any information relevant to the outcome of the evaluation procedures.
2. The Agency shall forward annually to the budgetary authority any information relevant to the outcome of the evaluation procedures.
3. No later than 31 December 2009, the Agency shall commission an independent external evaluation of its achievements during the first three years of operations on the basis of terms of reference issued by the Management Board in agreement with the Commission. This evaluation shall take into account the tasks of the Agency, the working practices and impact of the Agency on the protection and promotion of fundamental rights and shall include an analysis of the synergy effects and the financial implications of any extension of the tasks. The evaluation shall take into account the views of the stakeholders at both Community and national levels.
3. No later than 31 December 2011, the Agency shall commission an independent external evaluation of its achievements during the first three years of operations on the basis of terms of reference issued by the Management Board in agreement with the Commission. This evaluation shall: - take into account the tasks of the Agency, the working practices and impact of the Agency on the protection and promotion of fundamental rights; - include an assessment of the possible need to modify the Agency's tasks, scope, areas of activity or structure; - include an analysis of the synergy effects and the financial implications of any modification of the tasks; and - take into account the views of the stakeholders at both Community and national levels.
The evaluation shall also assess the possible need to modify or extend the Agency's tasks, scope, areas of activity or structure, including in specific structural modifications needed to ensure compliance with horizontal rules on regulatory agencies once they enter into force.
Amendment 43 Article 32, paragraph 1
1. The Management Board shall examine the conclusions of the evaluation referred to in Article 31 and issue to the Commission such recommendations as may be necessary regarding changes in the Agency, its working practices and the scope of its mission. The Commission shall transmit the evaluation report and the recommendations to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions and make them public.
1. The Management Board shall examine the conclusions of the evaluation referred to in Article 31(3) and (4) and issue to the Commission such recommendations as may be necessary regarding changes in the Agency, its working practices and the scope of its mission. The Commission shall transmit the evaluation report and the recommendations to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions and make them public.
The matter was then referred back to committee pursuant to Rule 53(2) (A6-0306/2006).
Fundamental Rights Agency - activities under Title VI TEU *
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Proposal for a Council decision empowering the European Union Agency for Fundamental Rights to pursue its activities in areas referred to in Title VI of the Treaty on European Union (COM(2005)0280 – C6-0289/2005 – 2005/0125(CNS))
(3a) The Agency's remit enables it to provide protection for human rights not only in the field of terrorism and organised crime but also in other fields, such as trafficking in persons, offences against children, illicit drug and arms trafficking and corruption and fraud, where measures can also weaken the effectiveness of the protection of human rights.
– having regard to the Commission's Green Paper of 24 June 1997 on the Community patent and the patent system in Europe - Promoting innovation through patents (COM(1997)0314),
– having regard to Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the legal protection of biotechnological inventions(1),
– having regard to its resolution of 26 October 2005 on patents on biotechnological inventions(2),
– having regard to the consultation launched by the Commission on 9 January 2006 on future patent policy in Europe,
– having regard to Rule 103(2) of its Rules of Procedure,
A. whereas the deficiencies of the Community patent proposals are unlikely to be resolved in the foreseeable future,
B. whereas an efficient, competitive and cost-effective patent system accessible to all is a key requirement of the Lisbon strategy for a competitive, knowledge-based society and crucial for the thriving of small- and medium-sized enterprises as well as large companies,
C. whereas there have been growing concerns about undesirable patents in various fields and about a lack of democratic control over the processes by which such patents are granted, validated and enforced,
1. Urges the Commission to explore all possible ways of improving the patent and patent litigation systems in the EU, including participation in further discussions on the European Patent Litigation Agreement (EPLA) and accession to the Munich Convention, as well as revision of the Community patent proposals; as regards the EPLA, considers that the proposed text needs significant improvements, which address concerns about democratic control, judicial independence and litigation costs, and a satisfactory proposal for the Rules of Procedure of the EPLA Court;
2. Reminds the Commission that all legislative proposals should be accompanied by an in-depth impact analysis related to patent quality, governance of the patent system, judicial independence and litigation costs;
3. Requests that Parliament's Legal Service be asked to provide an interim opinion on EU-related aspects of the possible conclusion of the EPLA by Member States in the light of overlaps between the EPLA and the acquis communautaire and to clarify legislative competences in this field;
4. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.
– having regard to the Commission communication to the European Parliament and the Council on a Community Action Plan on the Protection and Welfare of Animals 2006-2010 (COM(2006)0013) (Action Plan),
– having regard to the Commission Working Document on a Community Action Plan on the Protection and Welfare of Animals 2006-2010 - Strategic basis for the proposed actions (COM(2006)0014 and SEC(2006)0065),
– having regard to the Protocol on protection and welfare of animals annexed to the EC Treaty (Treaty of Amsterdam),
– having regard to Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes(1),
– having regard to Community rules on the protection of livestock,
– having regard to the seventh framework programme for research and technological development and demonstration activities (2007-2013), which is currently under preparation (COM(2005)0119) (Seventh Research Framework Programme),
– having regard to the Commission communication to the Spring European Council entitled 'Working together for growth and jobs – A new start for the Lisbon Strategy' (COM(2005)0024),
– having regard to the Commission's Impact Assessment Guidelines of 15 June 2005 (SEC(2005)0791),
– having regard to the mandate given to the Commission for the WTO negotiations in the field of agriculture, as laid down in the Commission's Proposal for Modalities in the WTO Agriculture Negotiations (document reference 625/02) of January 2003,
– having regard to Rule 45 of its Rules of Procedure,
– having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on International Trade and the Committee on the Environment, Public Health and Food Safety (A6-0290/2006),
A. whereas all action designed to ensure the protection and welfare of animals should be based on the principle that animals are sentient beings whose specific needs should be taken into account, and also that the protection of animals is an expression of humanity in the 21st century and a challenge facing European civilisation and culture,
B. whereas in recent years Europe has adopted wide-ranging animal protection legislation and achieved one of the highest levels of animal protection in the world and whereas the European Parliament has repeatedly stressed that it regards this process as essential; whereas a high level of animal protection in Europe meets the demands of the public for ethically and socially acceptable products,
C. whereas animal protection affects a number of policy areas and is relevant to many ethical, social, political and economic issues; whereas animal protection should not be confined to the protection and welfare of animals used in experiments or farm animals, but should cover all animals,
D. whereas there is a link between animal protection, animal health and product safety; whereas alternative testing methods and a high level of animal protection from breeding through to slaughter can have a positive impact on product safety and quality,
E. whereas, in order to further develop animal protection in the Community, it is necessary to step up research efforts and to integrate animal protection into all relevant impact assessments, as well as to involve all interest groups in the decision-making process; whereas transparency and acceptance as well as uniform application of, and monitoring of compliance with, existing provisions at all levels are a prerequisite for a successful animal protection strategy in Europe,
F. whereas the aim of an animal protection strategy should include a commitment ot meet the increased costs entailed by animal protection; whereas, without a European and worldwide dialogue and a strong information strategy at home and abroad highlighting the benefits of high animal protection standards, an ambitious animal protection policy can achieve only limited success if it is developed only unilaterally by the EU,
G. whereas it is essential that EU animal protection policy is accompanied by a coherent trade policy and one which recognises the fact that, in spite of the EU's efforts, animal welfare concerns were not addressed by either the July 2004 Framework Agreement or any other key documents of the Doha round of WTO negotiations; whereas, therefore, no further animal welfare standards which could have negative effects on the international competitiveness of producers until there is a fundamental change in the attitude of the EU's main partners in the WTO,
H. whereas recognition of the so-called non-trade concerns, which include animal welfare, has not been a priority for the Commission in its WTO negotiations; whereas recognition of non-trade concerns is consequently not expected to form part of any final agreement unless the Commission changes tack dramatically in the negotiations,
I. whereas there is a danger that, an effective strategy to promote the welfare of farm animals that is confined to the European market may result in the elimination of a fringe of European producers,
J. whereas any harmonisation of the protection of farm animals within the EU should be accompanied by the regulation of imports to the same end in order to avoid placing European producers at a disadvantage on the European market,
K. whereas the implementation of the Three Rs principle (replacement, reduction and refinement) (3Rs) in order to reduce the use of animals in research, science and product authorisation is a cornerstone of European animal protection policy,
1. Welcomes the Community Action Plan on the Protection and Welfare of Animals 2006-2010, which, for the first time, translates the Protocol on protection and welfare of animals annexed to the Amsterdam Treaty into an integrated approach to developing animal protection in Europe;
2. Is concerned that the Commission merely proposes to 'strive to ensure' that full regard is paid to animal welfare in the context of related policy fields;
3. Considers it imperative to introduce a process for assessing the EU's animal welfare policy in fulfilling its legal obligations, as set out in the Protocol on protection and welfare of animals annexed to the Treaty;
4. Regards improved animal protection as a permanent obligation of the Community, and therefore calls on the Commission to report in due course on the progress achieved and, on that basis, to submit a communication on taking forward the Action Plan after 2010;
5. Calls on the Commission and the Member States, within the scope of their respective areas of competence, further to develop animal protection and to take full account of the protection and welfare of all animals; calls on the Commission to work towards ensuring that piglets are castrated under anaesthetic from the seventh day throughout Europe;
6. Regrets that the focus of European policy on animal welfare has so far been almost exclusively on the welfare and protection of farm animals;
7. Welcomes the efforts by the Commission to develop and improve legislation on animal protection as well as the greater integration of animal protection into all Community policy areas and the use of the whole spectrum of possible measures (such as legislation, voluntary codes of good practice, training, promotion and research) with the aim of ensuring a high level of animal protection in the handling of animals in all areas; considers it to be a priority, in this connection, to focus the legislative approach – when it is justified – on a common basis on which additional initiatives could be pursued voluntarily, acknowledged by ad hoc labelling;
8. Stresses that, in order to improve or newly draft minimum standards relating to the protection of animals and animal welfare, it is necessary to agree a priority list, which should clearly name the species of animal and define the problems; considers that, in the next few years, such a priority list should comprise the following animal species: dairy cattle, adult bovine animals, aquaculture animals, fattening pigs and turkeys;
9. Considers that, since the role of each of these mechanisms will be different, policy research will be essential in identifying these roles and articulating them to stakeholders;
10. Notes that many EU policies have impacts on animal protection, which are not covered by the Action Plan, such as sustainable development, the CITES Convention(2) and trade and marketing standards, and underlines the importance of paying full regard to animal protection issues in all relevant policy areas;
11. Points out that, when introducing higher animal protection and welfare standards, account should be taken of the specific situation of individual EU regions;
12. Stresses that the Commission ensures the implementation of all the animal protection provisions in EU law which are currently valid and that these should remain in force;
13. Calls on the Commission and the Member States to ensure that all legislation is uniformly applied and monitored in the EU on the basis of cross-compliance rules and, in the event of any infringement, to take rigorous action in order to maintain confidence in the rules in force and ensure fair competition in the EU;
14. Considers that it is necessary to consider the socio-economic effects of adopting measures to improve animal protection;
15. Calls on the Commission to integrate, on a systematic basis, the relevant impact assessments for all animal protection measures; considers that all impact assessments relating to new animal protection standards must examine all of the ethical, social and economic effects and must be based on the latest scientific knowledge, practical experience and developments at the international level; considers that these should highlight positive effects and take full account of the way in which different factors, such as animal protection, sustainability, animal health, the environment and product quality, impact on each other;
16. Acknowledges that high animal welfare standards lead to additional costs for farmers and considers that specific measures are necessary in order to prevent production displacement to those countries which have lower standards; calls on the Commission, therefore, to take account of job-security aspects when carrying out impact assessments; considers that an accurate analysis of the costs of new proposals and their effects on the position of the business and research communities affected in the face of international competition is essential, in accordance with the revised Lisbon Strategy;
17. Points out that setting appropriate implementation deadlines, which take account of the numbers of animals and the size of businesses involved and avoid unnecessary red tape in connection with inspections and documentation will help to ensure a greater acceptance of the importance of animal protection on the part of those responsible; considers that the opportunities presented by the use of modern technologies and methods need to be adequately explored;
18. Stresses that animal protection and animal health impact closely on each other; considers that the Action Plan should be implemented as far as possible in such a way as to ensure that, through greater animal protection, improvements in animal health are achieved and that animal health policy also always aims to bring about improvements in animal protection and that such improvements are measurable;
19. Calls on the Commission to take greater account of animal protection aspects in the fight against animal diseases; considers that the vaccination of animals in certain regions in the case of emergencies is preferable to the killing of large numbers of healthy animals, albeit recognising the different attitudes to vaccination in each Member State and their potential effects on trade; considers moreover that, where technically possible, there ought to be greater scope for preventive vaccination; calls on the Commission to increase its efforts to adapt relevant treaties of the World Organisation for Animal Health (Office International des Epizooties, OIE) accordingly, so that there are fewer trade restrictions as regards products originating from vaccinated animals;
20. Welcomes the greater emphasis placed on animal protection under the Common Agricultural Policy; points out, however, that the resulting bureaucratic costs are already significantly too high; regrets, furthermore, the fact that the cut in funding for rural development policy will create practical obstacles to the financing of aid for stockbreeders to adapt to the Community rules on animal welfare; regrets that poultry and pig farmers are not being compensated for complying with Community animal welfare legislation under the cross-compliance schemes;
21. Calls on the Commission and the Member States, within the framework of rural development policy, to consider favourably the use of all instruments available for animal protection;
22. Points out that, in practice, the EC rules on the transport of animals (Regulation (EC) No 1/2005(3) and Directive 95/29/EC(4)) are frequently disregarded, particularly in regard to the requirements to rest,, water and feed the animals; calls, therefore, upon the Council and the Commission to take appropriate action in order to ensure that the Member States increase the number and the effectiveness of the checks carried out on the application of EC rules;
23. Points out that, with regard to the transport of animals, it is absolutely essential to introduce and take account of scientifically-based animal protection indicators (relating to suitable technology, time frames, trained staff) and that when those indicators are established, account should be taken of variations in climate between Member States, in view of the varying kevels of adaptation of animals to the environment; calls on the Commission, therefore, to promote research aimed at defining and introducing objective and specific technical parameters enabling a better definition of animal welfare during transport, with a view, additionally, to defining integrated certification systems which will also take account of the influence of the various climatic and structural characteristics of Europe's regions on the animals and on transport modes and times;
24. Points out that by 2010 the Commission should submit a report to the European Parliament and the Council on space allowances and maximum journey times for animals being transported, accompanied by appropriate legislative proposals;
25. Considers that the support for the 3Rs and support for future trends in animal welfare research are two separate issues and that Objective 4 of the Action Plan should be divided into two objectives to reflect this;
26. Welcomes the research efforts announced in the field of animal protection; considers that, in addition to generally widening the knowledge base, research should focus on the development of animal health indicators that are transparent and easy to apply, certification and labelling systems and alternatives to animal testing (3Rs);
27. Calls on the Commission to ensure that, where appropriate scientific indicators have been developed, they should be included in existing and new animal protection legislation to the greatest extent possible; in other words, preference should be given to goal prescriptions instead of means prescriptions;
28. Calls on the Commission to ensure that any future revision of the rules on animal welfare is based on objective indicators, so as to avoid arbitrary decisions having unjustified economic repercussions for stockbreeders;
29. Calls on the Commission and the Member States to ensure that adequate resources are made available for research into the protection and welfare of all animals under the Seventh Framework Programme in order to achieve the objectives of the Action Programme; urges that particular stress be laid on research aimed at establishing objective indicators for animal welfare, and that account be taken of climate variations across the EU when those indicators are established;
30. Calls on the Commission to support research and development concerning electronic systems for animal identification;
31. Calls on the Commission to ensure that technology platforms and research work undertaken under the Six Research Framework Programme which, as for example in the case of 'PredTox', will make a significant contribution to achieving the objectives of the Action Programme, are able to be continued under the Seventh Research Framework Programme without entailing red tape;
32. Considers that it is necessary fully to take account of the 3Rs principle; welcomes the efforts by the Commission to develop Directive 86/609/EEC; encourages the Commission to submit relevant legislative proposals during 2006; desires the Commission to set out, in this connection, how uniform implementation and monitoring of the provisions can be ensured;
33. Considers that as part of the proposed revision of EU legislation on animal testing the scope of Directive 86/609/EEC should be widened to cover basic research and research using animals for teaching purposes;
34. Calls on the Commission to ensure that industry contributions to replacing animal testing agreed through the European Partnership on Alternative Approaches are effective, open to scrutiny and delivered in time; Calls on the Commission to improve provisions for the sharing of vertebrate animal test data and the avoidance of duplicate animal testing and to apply these to all areas of animal experimentation, and all legislation requiring animal testing, including the sharing of data from unpublished and negative studies;
35. Calls on the Commission to plead at an international level, notably at the WTO and the OIE, for a single legislative standard for requirements relating to animal protection and animal testing in connection with product authorisation and for the recognition of alternative protection methods validated in Europe; considers that the development, validation and acceptance of non-animal methods must be accelerated and that increased funding, personnel and administrative support must be provided at every stage to ensure the fastest possible replacement of animal experimentation;
36. Calls upon EU regulatory bodies to accept without delay the non-animal tests already validated by the European Centre for the Validation of Alternative Methods;
37. Recognises that poor quality science is both unethical and a waste of resources and that the EU should require that all new, revised and existing human and environmental safety tests be fully validated in accordance with modern standards before such tests are required, recommended or endorsed under Community legislation or strategies;
38. Calls on the Commission, before setting up an additional Community body for animal protection, to improve links between existing Community institutions which deal with animal protection issues;
39. Welcomes the efforts by the Commission to develop and explore the use of animal protection labelling; considers that such labelling would enable consumers to make informed purchasing decisions; considers that it should be aimed to include processed products in such a labelling system;
40. Considers that consumers should be informed and prepared to pay higher prices for products originating from farms with higher animal welfare standards and that these products should be appropriately labelled;
41. Considers that the submission of a Commission report to the European Parliament and the Council by 2008 concerning the possibility of a compulsory labelling system for chicken meat and meat products based on compliance with animal welfare standards should concentrate particularly on compliance with animal welfare standards that transcend the minimum requirements; takes the view that a labelling programme based on standards higher than the legal minimum would solve the recognised problem faced by consumers who would like to buy a product which has been produced with particular concern for animal welfare but are unable to identify such products in the shops;
42. Calls on the Commission to ensure that labelling is transparent, easily comprehensible and reliable; considers that an 'EU label', stating, for example, 'produced in accordance with EU animal protection standards', and - for non-complying products - 'not produced in accordance with EU animal protection standards', would already imply a guarantee of compliance with the animal protection standard of a simple and mandatory nature for all products sold in Europe; considers that in the case of protection going beyond that required by the minimum standards, a specific reference on the label would inform the consumer about the additional efforts made by the producer, increase pressure on trading partners to adopt EC animal protection standards and, by doing so, enable Europe to export its animal welfare standards globally; emphasises the role of private labels particularly as regards higher animal welfare standards;
43. Calls for financial support by the Commission for national information and sales promotion measures for animal food products pursuant to Regulation (EC) No 1071/2005(5) to be awarded on the basis of production standards relating to animal welfare; takes the view, therefore, that a European Quality Standard for products emanating from high animal welfare production systems, as suggested in the Action Plan, should therefore be established as a matter of priority;
44. Welcomes the proposal to facilitate the recognition by consumers of the proposed marketing and information systems, but at the same time stresses the necessity to facilitating their application for the benefit of all players in the food-production chain;
45. Fundamentally supports the announced intention to develop and explore the use of integrated and uniform animal protection indicators; considers that such indicators must have a sound scientific basis, must be objective, measurable and replicable, and must help ensure that animal protection standards are transparent; considers it necessary to integrate animal health aspects into such indicators; considers that integrated and uniform indicators should facilitate monitoring, reduce red tape and yield scientific results that are comparable between Member States;
46. Calls on the Commission to complete the development of, and research into, integrated animal protection indicators within three years;
47. Calls on the Commission to present its announced communication strategy as soon as possible and to implement it rigorously; believes that the Action Plan can only be successful if all stakeholders are adequately informed of the benefits which a high level of animal protection in Europe entails for animals and products;
48. Considers that the potential of high welfare assurance schemes to improve animal protection is undermined by competition from the cheaper products of assurance schemes that ensure standards of welfare no higher than the legal minimum and that a legal framework is therefore needed which sets minimum standards for quality assurance;
49. Calls on the Commission and the Member States to broaden their efforts to inform consumers; considers that existing support instruments should be reviewed with the aim of facilitating the conducting of relevant marketing and information campaigns;
50. Welcomes the setting up of an animal protection information forum, which should aim to promote the exchange of information on current developments in the area of animal protection, scientific knowledge and, in particular, examples of best practice;
51. Agrees that a European strategy for the promotion of communication concerning animal welfare in the EU and third countries is necessary in order to explain to the public the various systems of animal production and the costs and benefits of stricter animal welfare standards; considers that this should be pursued independently, under the aegis of the proposed centre or laboratory;
52. Calls on the Commission and the Member States to make available adequate resources for training, further training and consultancy, for example using funding from the European Agricultural Fund for Rural Development (EAFRD);
53. Considers that, at a time when wide-ranging liberalisation of conditions of access to agricultural markets is planned, the introduction of new higher standards in the EU without standardisation under WTO, could lead to a decline in the competitiveness of Community production;
54. Regrets that some elements of food production are moving outside the EU in response to the animal welfare and protection standards that are currently in place, and therefore urges the Commission to assess the extent of this trend;
55. Calls on the Commission to provide compensation for the financial losses suffered by Community producers who increase the cost of their production by implementing animal welfare measures;
56. Points out that in many cases higher animal protection standards lead to additional costs; notes, however, that, within the context of free world trade, animal protection aspects have to date played only a subordinate role, which can lead to 'animal protection dumping' and disadvantages for EU producers in Europe and on third-country markets; suggests therefore an instrument of qualified market access which would prevent EC animal welfare standards being undermined by imposing levies on products that do not meet EU standards;
57. Welcomes, therefore, all measures and initiatives by the Commission to further consensus at the international level on the importance of high animal protection standards; considers that it is essential and a priority to aim to further develop animal protection standards within the framework of the OIE and enhance their legal standing through the WTO; considers that the objective should be to ensure as high and uniform as possible a level of animal protection worldwide; calls on the Commission, in the meantime, not to increase the distortions of competition suffered by Community producers by introducing new binding, detailed and uniform standards;
58. Calls on the Commission to promote explicit recognition of the high standard of EU's animal protection rules in upcoming reviews of the WTO's Sanitary and Phytosanitary Agreement and other WTO agreements, as appropriate;
59. Regrets that animal protection is not part of the current round of negotiations at the WTO; insists that the Commission protect European standards, conscious of the additional costs that EU producers face as a result of complying with these standards;
60. Urges the strengthening of animal protection within the framework of the WTO; calls on the Commission strongly to urge, within the framework of the Doha Round, that animal protection be included in the negotiation agenda as a non-trade concern and that support measures to promote animal protection within the framework of rural development policy and cross-compliance policy be recognised as qualifying, unreservedly, for inclusion in the 'green box';
61. Calls on the Commission to strive for recognition of the non-trade concerns in the framework of the WTO or further consensus at the international level on animal protection standards before sharpening legislation on animal protection within the EU;
62. Points out that WTO trade rules do not restrict the validation of production systems, as implied by the original wording of the Communication and that it is therefore possible and desirable to validate production systems that apply significantly higher welfare standards than the minimum requirements;
63. Supports the Commission in its aim to incorporate animal protection into bilateral trade agreements (e.g. with Chile and Canada) or into veterinary agreements, complementing the multilateral strategy, and to develop discussion with third countries and their representatives on animal protection issues;
64. Considers that all current and future bilateral agreements with third countries which address sanitary and phytosanitary measures should establish objectives both to ensure that animal products from third countries are produced at least to standards of animal welfare comparable with those of the EU, and that those standards are communicated to the European consumer;
65. Calls on the Commission and the Member States to set up activities to encourage importers of animal products into the EU to require at least the EU legal level of animal welfare standards from their suppliers;
66. Welcomes the announcement of a dialogue with developing countries on the additional market opportunities which high animal protection standards offer them; calls on the Commission to support developing countries in meeting animal protection standards as part of existing and new 'aid for trade' programmes;
67. Welcomes the efforts of the Commission to help developing countries contribute to international standard setting by means of trade-related assistance;
68. Welcomes the work the Commission has done through trade-related technical assistance projects with developing countries, for example by helping their experts to attend meetings on international standard-setting, and by sending EU technical experts to developing countries; notes that third-country representatives can already participate in EU training courses organised for Member States" competent authorities on implementing EU animal welfare rules and believes that in order for developing countries to be able to take full advantage of trade opportunities, the Community should meet requests to provide analysis, training, research and financial support through both bilateral and multilateral development initiatives; further believes that improving animal protection will often benefit such countries directly – financially, in food production, and in environmental protection;
69. Believes that the Community's decision to prohibit the import of hormone-treated beef has been fully justified by scientific studies and calls on Canada and the US to remove their unjustified, WTO-incompatible sanctions on European goods without further delay;
70. Welcomes the proposed ban on imports, exports, trading and processing of dog and cat fur and calls on the Commission to propose a total import ban on seal products and 'cruelty products' from third countries, such as fur from animals skinned alive, fur from animal breeding farms with no veterinary controls and pharmaceutical products made from endangered species, and wherever low production standards are a threat to the environment and biodiversity;
71. Calls on the Commission to submit proposals to make the temporary ban on EU imports of birds caught in the wild on ethical, health and welfare grounds permanent;
72. Is concerned that the trade in exotic animals threatens both biodiversity and animal welfare; believes that biodiversity implications should be taken into account when devising animal welfare policy on the cross-border problems referred to in the Action Plan;
73. Expresses concern about the suffering of fighting animals; calls upon the Community to bring an end to dog and cock fighting, through national or community legislation as appropriate, and by ensuring that those involved receive no state or national subsidies relating to their activities;
74. Considers that the submission of a Commission report to the European Parliament and the Council on the influence of genetic parameters on the welfare of broiler breeders and broiler chickens by 2010 must be accompanied by appropriate legislative proposals;
75. Considers that the submission of a report to the European Parliament and the Council on the protection of pigs kept for farming purposes, envisaged for 2009, must be accompanied by appropriate legislative proposals;
76. Calls for Bulgaria and Romania already to be guided by the Community's animal protection objectives and to implement and enforce all existing EU animal protection legislation before January 2007 or, if transition periods have been agreed as part of their accession treaties, at least within that period;
77. Considers that before the accession of a new Member State to the EU, the Commission should verify the appropriate implementation of the EU's animal protection legislation as well as national regulation in this context;
78. Instructs its President to forward this resolution to the Council and the Commission.
Council Directive 95/29/EC of 29 June 1995 amending Directive 91/628/EEC concerning the protection of animals during transport (OJ L 148, 30.6.1995, p. 52).
Commission Regulation (EC) No 1071/2005 of 1 July 2005 laying down detailed rules for applying Council Regulation (EC) No 2826/2000 on information and promotion actions for agricultural products on the internal market (OJ L 179, 11.7.2005, p. 1).
Follow-up to the report on competition in professional services
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European Parliament resolution on follow-up to the report on Competition in Professional Services (2006/2137(INI))
– having regard to the Commission communication, "Report on Competition in Professional Services" (COM(2004)0083),
– having regard to the Commission communication, "Professional Services - Scope for more reform - Follow-up to the Report on Competition in Professional Services" (COM(2005)0405),
– having regard to Articles 6, 43, 45, 49 and 81 of the EC Treaty,
– having regard to its resolution of 18 January 1994 on the state and organisation of the profession of notary in the twelve Member States of the Community(1),
– having regard to its resolution of 5 April 2001 on scale fees and compulsory tariffs for certain liberal professions, in particular lawyers, and on the particular role and position of the liberal professions in modern society(2),
– having regard to its resolution of 16 December 2003 on market regulations and competition rules for the liberal professions(3),
– having regard to its resolution of 23 March 2006 on the legal professions and the general interest in the functioning of legal systems(4),
– having regard to Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services(5),
– having regard to Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained(6),
– having regard to Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes(7),
– having regard to Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications(8),
– having regard to the jurisdiction of the Court of Justice of the European Communities in the areas of competition law and freedom of services in the Community, with particular regard to national provisions on minimum fees,
‐ having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market(9),
– having regard to the Institute for Advanced Studies (IHS) report of January 2003on behalf of the Commission, "Economic Impact of Regulation in the field of Liberal Professions in Different Member States",
– having regard to Rule 45 of its Rules of Procedure,
– having regard to the report of the Committee on Economic and Monetary Affairs (A6-0272/2006),
A. whereas in March 2000, the Lisbon European Council adopted a programme of reform aimed at making the EU the most competitive and dynamic knowledge-based economy in the world by 2010, capable of sustainable economic growth with more and better jobs and greater social cohesion, and respect for the environment (the Lisbon Strategy),
B. whereas the report from the High Level Group of November 2004, chaired by Wim Kok, "Facing the challenge - The Lisbon Strategy for growth and employment", stressed the importance of deregulating all markets and removing unnecessary red tape in order to boost competition,
C. whereas in March 2005, in its mid-term review of the Lisbon Strategy, the European Council established the need to give it fresh impetus and to focus on growth and employment and urged the Member States to submit national reform programmes to promote growth and employment,
D. whereas services, which are the main motor for growth in the EU, have an important role to play in improving the competitiveness of Europe's economy,
E. whereas professional services must be included in the reform efforts, since they are a key sector of Europe's economy,
F. whereas, by virtue of the principle of subsidiarity, it is up to Member States to decide whether they wish to regulate the professions directly through national rules or to allow self-regulation by professional bodies,
G. whereas for the last few years the Commission has been conducting a dialogue with Member States and professional bodies on the dismantling of barriers to competition, which has led to the adoption of deregulation measures and new reform initiatives,
H. whereas, in accordance with the principle of subsidiarity, Member States and national professional bodies for service providers have a prominent role to play in pursuing reform efforts,
I. whereas professional organisations, other professional bodies, consumer and user organisations and all relevant stakeholders need to be involved in the process in a balanced manner,
J. whereas specific regulations are legitimate owing to the asymmetry of information between customers and service providers, the fact that certain professional services are deemed to provide public goods, and the fact that the provision of professional services may be linked to externalities,
K. whereas the stocktaking exercise of professional services ordered by the Commission in 2002/2003 no longer reflects the current state of regulation in the individual Member States and therefore stands in the way of an assessment of reform endeavours,
L. whereas the Commission has failed to address the consequences of a systematic pro-competitive reform of the sector of professional services as regards job creation and additional growth,
M. whereas clear objectives and benchmarks based on scientific evidence will strengthen the conviction of all those involved in the reform process of the need for reform efforts,
N. whereas the fundamental priority of the reform should be to provide broader and easier access for consumers, while at the same time ensuring the quality and cost-efficiency of the services,
O. whereas there are still substantial differences in the extent to which the various professional categories have succeeded in opening up the market,
P. whereas Directive 2005/36/EC establishes rules according to which host Member States make access to or the pursuit of a regulated profession in its territory contingent upon the possession of specific professional qualifications,
1. Welcomes the dialogue between the Commission, the Member States and the professional bodies of professional services providers aimed at dismantling barriers to competition which are unjustified or harmful to the pursuit of the general interest and rules which are against the interests of consumers and ultimately of the providers themselves;
2. Calls on all those involved in the reform process to pursue it in a constructive manner;
3. Acknowledges the right to issue regulations based on traditional, geographic and demographic specificities; emphasises in this connection that rules should be chosenwhich restrict competition as little as possible and that, within the existing system, substantive reform processes must be pursued in order to help attain the Lisbon targets;
4. Encourages Member States constructively to examine the practical experience of other Member States in the process of reforming professional services so as to derive the maximum possible benefit for their own reform endeavours;
5. Considers that the mandatory nature of fixed or minimum rates and the ban on negotiating fees based on the result achieved might be detrimental to the quality of service to the public and to competition; calls on the Member States to overcome these constraints with measures which are less restrictive and more likely to comply with the principles of non-discrimination, necessity and proportionality, by setting up mechanisms to consult all the interested parties;
6. Calls on the Commission to ensure that treaty provisions on the protection of competition and the internal market are properly observed in the liberal profession sectors;
7. Takes the view that effective and transparent self-regulation or regulation of service providers, which evaluates in advance the impact of the measures taken and monitors and fine-tunes them if appropriate, is an appropriate means of meeting the requirements of the Lisbon Strategy; considers that the Member States should be responsible for monitoring the scope of self-regulation to ensure that it does not impact negatively on consumer interests or the general interest;
8. Calls on the Member States to ensure access to and the mobility of professional services and to ease transition from university and post-graduate education into the professions;
9. Considers it necessary, in order to strengthen small and medium-sized enterprises and increase the capacity for innovation and competitiveness of professional services, that restrictions on the scope for cooperation be eliminated and the setting up of inter-professional service providers be facilitated;
10. Considers it important to improve ethical standards and consumer protection in the field of professional services and supports the adoption of codes of conduct by professional service providers to be drawn up with the involvement of all relevant stakeholders;
11. Points out that special regulations in the field of advertising can be largely dispensed with, that the continuity of such regulations should be limited to duly justified exceptional cases, and that the reduction of regulation should be aimed at enabling professionals to inform users of the services they offer via advertising, providing consumers with information on their professional qualifications and specialisations, and on the nature and cost of the services offered;
12. Calls on the Commission to show the extent of new jobs and additional growth that can be expected from a systematic pro-competitive reform of the sector;
13. Urges the Commission to examine more carefully the differences in the extent to which the various professional categories in each Member State have opened up the market and the expected impact of the full removal of unnecessary obstacles to competition, including an assessment of the expected impact on professional sectors that have limited resources or that are restricted to certain regions;
14. Encourages the Commission to broaden the scope of its analysis as regards the subdivision of regulatory protection by category of consumer group by looking more closely at small and medium-sized undertakings and to address and study more closely the fact that demand for professional services from public authorities is not homogenous, but derives from the independent action of many small units acting at different levels of intensity;
15. Points out that the subdivision of regulatory protection according to individual categories of consumer overlooks the fact that rules derive their legitimacy from the fact that externalities may appear in the provision of professional services and that certain professional services may be deemed to be public goods;
16. Instructs its President to forward this resolution to the Council and the Commission.
European Parliament resolution on economic and trade relations between the EU and Mercosur with a view to the conclusion of an Interregional Association Agreement (2006/2035(INI))
– having regard to its resolutions of 27 April 2006 on a stronger partnership between the European Union and Latin America(1), of 15 November 2001 on a on a global partnership and a common strategy for relations between the European Union and Latin America(2) and of 26 September 2002 on Mercosur(3),
– having regard to the declarations of the four Summits of Heads of State and Government of Latin America and the Caribbean and the European Union, held in Rio de Janeiro (28 and 29 June 1999), Madrid (17 and 18 May 2002), Guadalajara (28 and 29 May 2004) and Vienna (11 to 13 May 2006),
– having regard to the Luxembourg Declaration, adopted at the 12th Ministerial Meeting of the Rio Group and the European Union, held in Luxembourg on 27 May 2005,
– having regard to the strategic communication from the Commission to the Council and the European Parliament on a stronger partnership between the European Union and Latin America (COM(2005)0636) , presented with a view to the 4th EU-Latin America/Caribbean (EU-LAC) Summit held in Vienna from 11 to 13 May 2006,
– having regard to the Vienna Declaration adopted at the 4th EU-LAC Summit held in Vienna from 11 to13 May 2006,
– having regard to the Final Act of the 17th European Union-Latin America Interparliamentary Conference held in Lima from 14 to 16 June 2005,
– having regard to Rule 45 of its Rules of Procedure,
– having regard to the report of the Committee on International Trade and the opinion of the Committee on Development (A6-0302/2006),
A. whereas there is concern at the lack of progress with the present negotiation process for an Association Agreement between the EU and Mercosur, as, similarly, with the WTO Doha Round negotiations,
B. whereas the EU and Mercosur share the firm belief that regional integration is the cornerstone of the economic and social development of their peoples, as well as being a key instrument for the consolidation of democracy, the reduction of poverty and inequality and the strengthening of the weight of both regions on the world stage,
C. whereas the EU and Mercosur strongly support a multilateral system of free and fair trade which will stimulate exchanges and contribute to sustainable development and the efficient management of globalisation to the benefit of all,
D. whereas the EU and Mercosur are key players in the Doha Round and both have subscribed to the undertaking adopted at the WTO Ministerial Conference in Hong Kong to achieve a successful conclusion in 2006 to the negotiations launched in Doha, on the basis of a forward-looking and balanced outcome to all the areas under negotiation,
E. whereas on 10 July 2006 the Standards Negotiation Group adopted a new WTO Transparency Mechanism for all regional trade agreements, to enable them to become the foundations on which to build world trade,
F. whereas the conclusion of an EU-Mercosur Association Agreement is a key factor for progress, on the basis of particular cultural and historical links, with the joint commitment to promoting and strengthening common values such as respect for human rights, democracy, social and economic cohesion, peace and stability through an EU-Latin America bi-regional strategic partnership,
G. G whereas strengthening and improving the economic and commercial relationship between the EU and Mercosur, through an association agreement in keeping with the principles of the WTO's multilateral agenda, may lead to a mutual reinforcement of the two complementary processes,
H. whereas the successful conclusion of the Doha Round and of an agreement on the EU-Mercosur free trade area (FTA) is essential to bring about a real opening up of the market, improve multilateral standards and thus stimulate economic growth, development and employment throughout the world, effectively contributing to the integration of the developing countries into the world economy,
I. whereas the conclusion and successful implementation of the Association Agreements between the EU and Mexico, and between the EU and Chile, draw attention to the strategic importance and economic, political and social interest of bi-regional relations between the EU and Latin America based on association agreements that include FTAs,
J. whereas the creation of an FTA with Mercosur is a top-priority objective in a context marked by the appearance of new trading interests, especially in Asia,
K. whereas, unlike the negotiations to set up the Free Trade Area of the Americas (FTAA), the EU and Mercosur are proposing to form a global strategic association that goes beyond the strictly commercial aspects,
L. whereas the forthcoming accession of Venezuela to Mercosur will mean a substantial change in the future EU-Mercosur Association Agreement, particularly with regard to the market in energy,
M. M whereas the successful conclusion of the EU-Mercosur Association Agreement must contribute to economic growth and poverty reduction, with a view to achieving the Millennium Development Goals, especially those relating to poverty reduction, fair and equitable redistribution of wealth, creation of stable employment based on quality jobs, and the social inclusion of excluded groups,
N. whereas the EU is Mercosur's main investment and trading partner and whereas since 2000 trade between the two regions has gradually increased from a balanced situation to a Mercosur surplus of about EUR 10 000 million in 2004,
O. whereas Mercosur is at present a beneficiary of the EU's Generalised System of Preferences for lower-income countries,
P. whereas the EU and Mercosur should, in the framework of the Association and the wider framework of world governance, agree to promote international and multilateral standards on commercial, social and environmental issues,
Q. whereas the inclusion of all the WTO Member States, particularly the G-20, in which members of Mercosur participate, and the G-90, in the WTO decision-making process is positive and necessary,
1. Stresses that the conclusion of an Association Agreement between the EU and Mercosur, establishing the largest inter-regional FTA in the world, is a priority strategic objective for the EU's external relations, in an international context characterised by increased interdependence, economic growth, the emergence of new economic powers, and an increasing number of global challenges which transcend national borders, among them security, world economic governance, the environment and poverty reduction;
2. Reaffirms the need for the EU to conclude, as soon as possible, a full, ambitious and balanced Association Agreement with Mercosur, based on three pillars: a political and institutional chapter reinforcing democratic dialogue and political cooperation, a cooperation chapter promoting sustainable economic and social development, and a trade chapter establishing an advanced FTA with a broad agenda including, as well as reciprocal liberalisation of trade in goods and services, investment, public procurement, the protection of intellectual property rights, cooperation regarding competition and trade protection instruments, trade facilitation, and a binding dispute settlement mechanism;
3. Regrets the failure of the above-mentioned Vienna summit to result in an ambitious mandate for the relaunch and conclusion of the EU-Mercosur negotiations; stresses, therefore, the need to encourage a negotiation process that is inclusive, effective and transparent; calls for a stronger political impetus and commitment at the highest level, and for the establishment of a definite calendar enabling the negotiations to be concluded as soon as possible;
4. Believes that the conclusion of the EU-Mercosur Association Agreement would represent a significant move towards the creation in the medium term of the Euro-Latin American global inter-regional area proposed by Parliament in its above-mentioned resolution of 27 April 2006;
5. Points out that trade and the negotiation of an advanced FTA that covers a broad agenda is, as well as an effective vehicle for economic growth, also an effective way to secure greater interdependence and closer cooperation at all levels;
6. Welcomes the fact that the Commission, in its above-mentioned communication on a stronger partnership between the EU and Latin America, continues to see regional integration as a priority dimension of support for development in Latin America; insists, in the interests of not undermining the regional integration processes, that the modulated dialogue mechanisms must not be detrimental to the overall vision of regional integration, especially in the case of Mercosur;
7. Stresses that the institutionalisation of the forthcoming Mercosur Social Summit – which is to be held in December 2006 and which will involve the various sections of civil society in the social agenda – could play an important role in strengthening the integration process; calls on the Commission to support this new initiative for integration and to strengthen the social dimension of the future Association Agreement;
The EU's interests concerning an FTA with Mercosur
8. Recalls that Mercosur is an area with major potential for growth and commercial expansion, with 45% of the population of Latin America and constituting its most important market, with 45% of GDP; stresses, therefore, that an EU-MercosurFTA, which would be the world's biggest inter-regional free-trade area, would generate significant opportunities for business and economic growth and would boost the international competitiveness of both markets;
9. Insists that an EU-Mercosur FTA is vital for the reinforcement of the EU's leading role as Mercosur's biggest trade and investment partner, and for strengthening intercontinental integration, and so insists that it must be completed in the face of the option of continental integration proposed in the FTAA; points out that the FTAA initiative for trade liberalisation in the Americas and Mercosur's own expansion and opening-up to the Asian, South African or Gulf Cooperation Council markets is a common geopolitical interest shared by both continents;
10. Points out that, unlike what is happening in Latin America as a whole, where US imports are three times higher than those from the EU, in Mercosur the EU quota is about 25 % compared with 20 % from the USA;
11. Considers that the decisive contribution that would result from an EU-Mercosur FTA is also important for the consolidation of Mercosur as a common market, customs union, global integration process and model for other integration processes in Latin America;
The costs of not reaching an agreement
12. Stresses that, according to studies on the impact of creating a EU-Mercosur FTA carried out by the Mercosur section of the Institute of Political Studies in Paris for the Mercosur-EU Business Forum (MEBF), the costs of not reaching an agreement are estimated to be at least EUR 3.700 million per annum in trade in goods, rising to over EUR 5. 000 million if investment and services are included;
Negotiation of the FTA with Mercosur Principles, scope and relationship to the Doha Round
13. Reiterates the need for a single and indivisible trade agreement which goes beyond the respective WTO obligations and, without excluding any sector, takes account, in the least restrictive fashion possible, of the specific sensitivity of certain products;
14. Regrets the fact that, despite Parliament's recommendations that negotiation of the Mercosur agreement should be decoupled from the Doha Round, the delays in the negotiations with Mercosur have led to their temporary de facto subordination to the development and finalisation of the Doha Round; believes that the two processes, rather than being mutually exclusive, are complementary;
15. Insists that the FTA between the EU and Mercosur, like the conclusion of the Doha Round, must not be subordinated exclusively to concluding negotiations on agricultural issues, and that negotiation and progress are needed in every field, in parallel and with a high level of ambition, including trade in goods and services, investment, public procurement and other trade barriers;
16. Considers that the EU and Mercosur, as privileged trading partners, should cooperate more closely in multilateral trade negotiations, particularly in the WTO, where they often have common interests in the further liberalisation of world trade;
Special and differential treatment
17. Considers that the negotiations will only be able to make headway on the basis of a reasonably shared criterion on the value of the respective concessions and points out, therefore, that there is a need for effective recognition of the principles of "less than full reciprocity" and "special and differential treatment", depending on the levels of development and sectoral competitiveness of the two regions and not in global or absolute terms that would be remote from the specific reality of each market;
Agriculture
18. Recalls that the Commission has said that the offer to Mercosur regarding agriculture is the most ambitious ever made in a bilateral negotiation, and that the EU is the biggest importer of agricultural products from Mercosur, accounting for 48% of total imports in 2005; considers that in this context, the EU is entitled to expect an equally ambitious offer from its partners in Mercosur;
19. Recalls that, under the 2003 reform of the common agricultural policy, the EU has substantially reduced its trade-distorting national subsidies and has asked for concrete undertakings along the same lines from other trading partners in the framework of the Doha Round;
20. Draws attention, as a point of major interest for Mercosur, to the important offer made by the EU in the Doha Round of abolishing its export refund scheme by 2013, and insists that there is a need for other members of the WTO to take similar action in the areas of export credits, State trading enterprises and food aid; points out, nevertheless, that comparable progress still needs to be made in the areas of internal aid and market access;
21. Believes that the degree of flexibility of the EU's response to Mercosur's requests regarding market access for its agricultural products needs to be dependent on the progress made in other areas, such as access to the market in non-agricultural products (NAMA) and in services, as well as other agricultural issues such as the agreement on wines and liquors, the proper protection of geographical designations, the elimination of unjustified trade protection measures, and the application of health, phytosanitary and animal welfare standards;
22. Calls on the Commission to exercise vigilance with respect to demands for preferential access to the Community market in bioethanol by the member countries of Mercosur during the EU's bi-regional negotiations with that area;
23. Supports the Commission's intention of applying a balanced approach in the trade negotiations with ethanol-producing countries and of maintaining the conditions for importing biofuels into the EU, to combine the interests of European industry and the EU's trading partners, as also the aims of Community policies, particularly of reducing its foreign energy dependence;
NAMA (non-agricultural market access)
24. Calls for a far-reaching and balanced outcome to the NAMA negotiations, so as to ensure new and real opportunities for market access in the entire sphere of trade, subject to the appropriate degree of flexibility regarding the timetable for eliminating tariffs; this will include securing the maintenance and expansion of sustainable fishery-related activities with a view to preserving stocks and particularly endangered species;
25. Draws attention, in this context, to the importance that the EU attaches to the fishing industry and its processed products, such as canned tuna;
Services
26. Stresses that both for Mercosur and the EU, where the services sector generates the greater part of GDP, major benefits would accrue from an ambitious and comprehensive agreement covering both sectoral liberalisation undertakings, including Mode 4, and the areas of legal certainty and reliability as regards service provision;
27. Considers that the potential for growth in mutual trade relations is greatest in the services sector, in which the Mercosur members are slowly but surely recovering from a deep economic crisis which can be avoided in future by sustainable economic cooperation between the two trading blocs;
28. Draws attention to the importance of achieving real improvements regarding the liberalisation undertakings thus far agreed and applied and the need for a clear and stable regulatory framework for the free movement of capital and in particular of financial services, as in activities related to telecommunications and maritime and air transport;
29. Draws attention to the steadily increasing potential of the tourist industry for the economy of the Mercosur countries and underlines the importance of promoting tourism between the two regions;
Investment
30. Points out that European investment has focused on services that are fundamental for the economic growth of Mercosur and on production sectors with long-term prospects, as a source generating employment and prosperity;
31. Stresses the importance of negotiating an investment chapter which will ensure a clear and stable regulatory framework for the promotion and protection of foreign investment, without discrimination on grounds of nationality and providing the necessary legal certainty for the implementation of investment agreements;
32. Underlines the need for investment to be accompanied by infrastructure, the driving force behind economic growth;
33. Points out that consolidating and strengthening Mercosur, mainly by finalising the Customs Union and developing the common market, including the establishment of a common foreign trade policy and the effective free movement of imported goods, is essential to reduce the barriers for economic operators and encourage trade and investment exchanges between the two regions;
34. Points to the need for decisive action on the further harmonisation of accounting and auditing standards to increase the flow of trade;
35. Points out that the question of debt and lending is still one of the main obstacles to rationalising public administration and economic progress in Mercosur, and that it should be an essential chapter in cooperation between the two regions;
36. Notes that monetary weakness, resulting from the diversity and weakness of the various South American currencies and in particular their heavy dependency on the dollar, is often an obstacle to European investments; urges that the euro be more widely accepted, and used to a greater extent in payments for imports and exports;
Public procurement
37. Emphasises that, since none of the Mercosur member states is party to the WTO's Multilateral Agreement on Government Procurement, an agreement on public procurement is vital for the creation of an environment that is considerably more secure, reliable, transparent and non-discriminatory for economic operators;
Intellectual property
38. Insists that the EU-Mercosur trade agreement must go beyond the WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS+); states however that any TRIPs+ agreements must not preclude the public health safeguards available to WTO members under TRIPS, as that would restrict access to affordable medicines in developing countries;
Sanitary and phytosanitary measures
39. Considers that inclusion in the agreement of a chapter on sanitary and phytosanitary measures would help to prevent these from being used as covert instruments for protection and would thus improve access to the respective markets;
Other barriers to trade
40. Points out that approximation of the two regions" systems for standards and certification will result in better reciprocal access to the markets, especially in the trade in industrial products;
41. Recommends greater and closer cooperation between the respective bodies for standardisation, accreditation, certification and metrology, and special technical assistance by the EU to improve Mercosur's capabilities in this area and as far as possible encourage the harmonisation of these technical aspects between the different Mercosur countries;
Dispute settlement
42. Stresses that the agreement must include an institutionalised dispute settlement instrument, with the power to issue binding rulings on conflicts arising in any of the areas covered by the FTA;
Cooperation between the EU and Mercosur
43. Points out that the EU is, by far, the largest donor of development aid for Mercosur and the only one that has established a cooperation strategy geared to strengthening regional integration;
44. Points out that in addition to regional cooperation, the Mercosur member States benefit from bilateral cooperation with the EU and are the main beneficiaries of European Investment Bank loans and the horizontal cooperation programmes for Latin America: @LIS, ALBAN, AL-INVEST, URB-AL, ALURE and ALFA;
45. Points out that the strategy of cooperation between the EU and Mercosur is based on shared values of defending democracy, respect for the rule of law, safeguarding fundamental rights and freedoms and solidarity between the two regions; insists that the geostrategic importance of the economic association between the two regions will help to disseminate those common values throughout the world, encouraging multilateralism as the only way of facing the challenges of security, political stability and economic growth with which the international community is confronted;
46. Considers that, in the current cooperation agreement, political dialogue is strengthened with more detailed mechanisms, and the need to respect human rights and good governance is stressed, but insists that it is still necessary to ensure that the cooperation chapter is efficient in eradicating poverty and is coherent with other EU development policy instruments in Latin America; emphasises the need to maintain a balance between trade and development in the final agreement, without the trade chapters contradicting the development ones;
47. Emphasises that good governance, human rights and democracy are essential parts of the Joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: "The European Consensus"(4) and that further efforts are required to tackle poor governance in commercial and public services;
48. Stresses the need to ensure that the standard human rights clause will be part of the agreement;
49. Calls on the Commission to ensure increased funding for the new strategy for regional cooperation with Mercosur for 2007-2013, so as to give it a secure basis for tackling the institutionalisation and deepening of Mercosur, the rapid and complete implementation of the future EU-Mercosur Association Agreement, especially as regards completion of the customs union and common market, and the enhanced participation of civil society with a view to improved mutual understanding and more visibility for cooperation;
50. Points out, as is stated in the above-mentioned "European Consensus ", that the EU, drawing on its own experience and its exclusive competence in the field of trade, brings a comparative advantage to providing aid to its partner countries for integrating trade in their national development strategies and for supporting regional cooperation;
51. Calls on the Commission to establish operational support measures for enterprises, their employees and their representatives in both regions, particularly small and medium-sized enterprises (SMEs), for economic and social relations between the EU and Mercosur;
52. Believes it is essential that Mercosur should benefit from cooperation and development aid, prioritising the fight against poverty and inequality while also taking account of the crucial role of economic cooperation for achieving development goals and a fairer distribution of wealth, and helping the Mercosur countries develop competitive economies and secure effective integration into the multilateral trade system;
53. Points out that both the cooperation chapter of the Association Agreement between the EU and Mercosur and the new Instrument for Financing Development Cooperation must, in this context, encourage and facilitate cooperation with the Mercosur countries through ambitious measures designed to facilitate and promote trade and investment, support for the private sector and SMEs, improving scientific and technological potential and the institutional and economic framework, protecting the environment and measures to establish contacts between businesses and non-governmental organisations;
Environment
54. Points out that cooperation with Mercosur must promote application of the main international agreements on the environment, particularly the Convention on Climate Change, the Kyoto Protocol and the Convention on Biological Diversity;
55. Strongly supports the view therefore that the cooperation and economic instruments should also be used to guarantee the preservation of the environment in Mercosur countries, with a special focus on the Amazon forest; stresses that the development of sustainable agriculture in Mercosur countries should also be of interest for European cooperation and that fair trade and organic production should be encouraged, for instance through negotiating a specific EU tariff for fair trade and/or organic products;
Energy
56. Believes that the cooperation chapter of the Association Agreement with Mercosur should encourage closer regional cooperation in the energy sector , particularly in view of the future accession of Venezuela, with a view to promoting safe and efficient energy use and increasing the use of renewables;
Information and communication technologies
57. Recommends, in agreement with the proposal by the Commission's Directorate-General for the Information Society and Communication Media, that cooperation should be stepped up with the Mercosur countries in the area of information and communication technologies, a field of great potential for improving the competitiveness and social cohesion of both regions;
Other areas of cooperation
58. Stresses the importance of core labour standards and decent jobs for the development of Mercosur; states therefore that the agreement must include a specific agenda on decent work tailor-made for Mercosur Member States and a commitment by the EU to offer all necessary assistance in achieving that agenda;
59. Highlights the importance of the EU-Mercosur Labour Forum – established by the European Trade Union Confederation (ETUC) and the main trade union organisations within Mercosur – as regards attaining social and labour-related goals in the region; stresses that it would be appropriate to foster the establishment of a dialogue between the European Economic and Social Committee and Mercosur's Economic and Social Advisory Forum so as to strengthen institutional cooperation between advisory bodies in both regions and increase the involvement of social stakeholders in the integration process;
60. Considers that in addition to the repressive aspect concerning the fight against drugs, the agreement should insist on delivering aid to farmers to help them start new alternative production;
61. Understands, in relation to illegal immigration, that not only should provision be made for re-admission agreements, but that it is important to take into account the current thinking by the international community;
62. Considers that once the agreement has come into force, promoting triangular and bi-regional cooperation – predominantly with the Caribbean – and encouraging the South-South agreement policy of the Mercosur should also be promoted;
63. Recalls that it has urged the creation of a bi-regional solidarity fund since adopting its above-mentioned resolution of 15 November 2001 and that this demand has been reiterated several times, most recently in its resolution of 27 April 2006;
64. Is of the opinion that such a fund would be a useful tool for bi-regional cooperation which could also benefit the EU-Mercosur relationship; would be a concrete translation of the EU commitment to increase and better manage its external cooperation aid, and be conceived as an instrument to fight poverty; and would focus EU cooperation on core issues such as social cohesion and regional integration.
Role of Parliament
65. Urges Mercosur to successfully complete the preparations for setting up the future Mercosur Parliament with representatives from the various national parliaments; takes the view that the creation of an inter-parliamentary delegation formed by members of the Mercosur Parliament and Members of the European Parliament could help achieve greater participation by the European Parliament in driving these negotiations; points out, furthermore, that contacts between the EU and Mercosur would thus be strengthened, and the integration process would be boosted with the necessary participation of civil society in the form, inter alia, of the social partners, economic operators and social agents of the two regions, which would lend the process greater legitimacy; in this connection, pledges its support for the establishment of a Euro-Latin American Parliamentary Assembly comprising Members of the European Parliament and of the Latin American integration parliaments;
66. Stresses the need for close cooperation by all the EU institutions in order to obtain satisfactory results in the negotiations with Mercosur; calls on the Council and Commission, therefore, to consult and inform Parliament in proper and timely fashion on the EU's strategy in those negotiations; asks the Commission, at the end of each round or significant negotiating meeting, to forward a document to Parliament describing the results obtained, subject to the confidentiality rules in force;
o o o
67. Instructs its President to forward this resolution to the Council, the Commission, and the pro tempore Presidency of Mercosur.
– having regard to the report of 28 June 2006 from the Commission to the Council and the European Parliament on the situation of the sector of soft fruits and cherries intended for processing (COM(2006)0345),
– having regard to Council Regulations (EC) Nos 2200/96(1), 2201/96(2), 2202/96(3) and 2699/2000(4), which form the basis for the CMO in fruit and vegetables,
– having regard to its resolution of 5 July 2001 on the report from the Commission to the Council on the common organisation of the market in fruit and vegetables(5),
– having regard to Commission Regulations (EC) No 1432/2003(6) regarding the recognition of producer groups and (EC) No 1433/2003(7) on operational funds and programmes in that sector,
– having regard to Commission regulations (EC) No 1535/2003(8), 2111/2003(9) and 103/2004(10) simplifying the provisions of the regulations in force in the sector,
– having regard to Council Regulation (EC) No 1782/2003(11) and Commission Regulation (EC) No 2237/2003(12) on specific measures in support of nut producers,
– having regard to the Commission document entitled 'The enlargement of the EU: implications for the fruit and vegetable sector' (DG AGRI, C-4, April 2004),
– having regard to the report of 10 August 2004 from the Commission to the Council and the European Parliament on the simplification of the common market organisation in fruit and vegetables (COM(2004)0549),
– having regard to the Commission staff working paper of 3 September 2004 providing an analysis of the common market organisation in fruit and vegetables (SEC(2004)1120),
– having regard to its resolution of 11 May 2005 on the simplification of the common market organisation in fruit and vegetables(13),
– having regard to the Commission staff working document of 28 June 2006 on a 'Review of the sector of soft fruits and cherries intended for processing in the EU' (SEC(2006)0838),
– having regard to Rule 108(5) of its Rules of Procedure,
A. whereas the objectives of the common agricultural policy (CAP) include increasing agricultural productivity, ensuring a fair standard of living for the agricultural community, stabilising markets and ensuring the availability of supplies and reasonable prices for consumers,
B. whereas the Treaty establishing the European Community suggests that, in working out the CAP, account should be taken of the particular nature of agricultural activity, which results from the social structure of agriculture and from structural and natural disparities between the various agricultural regions, of the need to effect the appropriate adjustments by degrees, and of the fact that in the Member States agriculture constitutes a sector closely linked with the economy as a whole,
C. whereas the three fundamental CAP principles are: unity of the common market, Community preference and financial solidarity,
D. whereas since the enlargement of the European Union the market for soft fruits and cherries has undergone significant change, with the overall area planted to such fruit increasing from 69 000 hectares to 237 000 hectares,
E. whereas, in the Accession Treaty, Poland drew attention to predicted difficulties on the EU market for fruit and vegetables following the enlargement, and also to the need for protective measures to be applied on that market,
F. whereas, following enlargement in 2004, soft fruits and cherries have become a highly significant economic product for the EU, particularly in view of the fact that a number of new Member States remain world leaders in the production of these fruits,
G. whereas under Community legislation prior to enlargement in 2004, soft fruits and cherries were not treated as highly sensitive market products and as a result no specific measures were included in the relevant Community policies (CMO in fruit and vegetables, customs policy); whereas since enlargement Community provisions have not been properly adjusted to the new situation prevailing in the Community soft fruits sector,
H. whereas the problem of soft fruits and cherries first and foremost concerns the new Member States, particularly Poland, which accounts for two-thirds of overall EU production of soft fruits and cherries for processing; whereas it also concerns certain regions of the old Member States where such production is a major sector of agriculture,
I. whereas because of the rise in the price of Community raw materials in the cherry sector, the processing industries are increasingly resorting to product substitution (sour cherries instead of sweet cherries), a trend which aggravates the threat to the survival of traditional production in certain Member States posed by imports from outside the Community,
J. whereas production of soft fruits and cherries is concentrated in a few of the poorest EU regions, which makes it an issue of social, as well as economic, importance,
K. whereas a significant amount of soft fruits and cherries are produced on small family holdings, which are dependent on growing such fruit for their survival,
L. whereas the long-standing crisis in the fruit and vegetable market is threatening the sector's future,
M. whereas in 2004 and 2005, the price of strawberries for processing and frozen strawberries in the EU fell considerably, owing to increased competition from third countries and a temporary increase in EU production,
N. whereas the share of imports from third countries into the EU 25 is high for raspberries and sweet cherries and has grown significantly for frozen strawberries over recent years; whereas, for that reason, competition from imports of cheap frozen strawberries from third countries - particularly China and Morocco - has increased on the market for strawberries for processing,
O. whereas blackcurrants are grown in the northern Member States and whereas the EU is the world's leading producer of such fruit,
P. whereas since the enlargement in 2004, EU raspberry production has increased from 28 000 tonnes to 87 000 tonnes (averages in 2002–2004), with two new large producers, namely Poland (with 48 000 tonnes) and Hungary (10 000 tonnes),
Q. whereas since the enlargement, new Member States (Poland, with 190 000 tonnes in 2002–2004, and Hungary, with 51 000 tonnes) have accounted for the bulk of EU cherry production,
R. whereas producer groups and organisations are the main beneficiaries of fruit and vegetable market support and whereas they play only a small part in the market in the new Member States; whereas the new Member States produce large amounts of soft fruits and cherries,
S. whereas most EU budgetary spending in the fruit and vegetables market is earmarked for processing aid and whereas soft fruits and cherries are not eligible for such support,
T. whereas, in certain Member States, production of soft fruits and cherries intended specifically for processing constitutes a sector in itself, which contributes to the necessary preservation of the economic and social fabric,
1. Calls on the Commission to take immediate steps to initiate cooperation projects and training measures for the farmers concerned and support for improvements to the marketing infrastructure in order to create better opportunities for growers of soft fruits and cherries in the EU to make a living;
2. Calls for soft fruits, such as strawberries, currants, raspberries and gooseberries and sour and sweet cherries to be included in processing aid systems similar to those currently applied in the case of tomatoes, pears, peaches and citrus fruit, with a view to stabilising the market in these products more effectively; draws attention to the fact that these products are of strategic importance in certain regions of the old Member States and to the new Member States, where they are of social, and not just economic, value as well as enhancing the landscape;
3. Calls on the Commission immediately to devise and implement measures restricting excessive imports of soft fruits from third countries, particularly those which apply dumping prices;
4. Calls on the Commission, in the long term, to consider adopting qualified market access for soft fruits, which would make imports of products from third countries conditional on compliance with environmental and social standards in their production corresponding to those of the European Union; considers that, if such standards are not complied with, a levy should be imposed on the imports to protect European producers against dumping and that the revenue from this levy should be used to finance rural development projects in the exporting countries concerned;
5. Considers that support mechanisms should be introduced for producer groups to provide encouragement for producers to set up groups (and ultimately producers' associations) in Member States where the level of organisation of the fruit and vegetable sector is much worse than the Community average, for example by doubling assistance rates for previously recognised producer groups;
6. Takes the view that, during the transitional period, the new Member States should be given greater assistance in connection with the formation and administration of producer groups granted previous recognition (aid rates from the first to the fifth year in operation of 10%, 10%, 8%, 6% and 4% respectively, instead of the current 5%, 5%, 4%, 3% and 2%, with the existing aid ceilings of EUR 100 000, 100 000, 80 000, 60 000 and 40 000 respectively being maintained);
7. Calls on the Commission to take vigorous action with a view to including products which are subject to low customs tariffs (as is the case with soft fruits) on the list of sensitive goods and bringing soft fruits under special safeguard clauses (SSGs) and the entry price arrangements;
8. Calls on the Commission to enter discussions with the Member States with a view to introducing financial support for projects to take old soft fruit and cherry plantations out of production in the event of prolonged supply surpluses;
9. Calls on the Commission to simplify the relevant provisions and the crisis support arrangements for soft fruit and cherry producers suffering losses as a result of adverse weather conditions; takes the view that such simplification should in particular seek to ensure that compensation for the impact of adverse weather conditions does not require prior approval by the Commission, which would significantly speed up payments to farmers;
10. Calls on the Commission to introduce compensation arrangements for producers as part of the reform of the CMO in fruit and vegetables, to cover situations in which crops of soft fruits and cherries are not brought to market as a result of unforeseen and temporary difficulties stemming from supply surpluses;
11. Calls for the introduction of a labelling system to indicate the country of origin of agricultural products used for processed foods, and for such labelling to be required on the end product as well, making it possible for consumers to choose whether to purchase regional products;
12. Calls for appropriate funds to be allocated, in connection with regulations seeking to promote agricultural products, to increasing consumption of high-quality European soft fruits and cherries and products made therefrom;
13. Calls on the Polish Government to eliminate the fiscal disadvantages suffered by producer groups so as to encourage producers to form associations to sell their products and so that they can make optimal use of the budget of the CMO in fruit and vegetables;
14. Instructs its President to forward this resolution to the Council and Commission and the governments of the Member States.