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 EC-Bulgaria Agreement: participation in the work of the European Monitoring Centre for Drugs and Drug Addiction * |
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(Consultation procedure) The European Parliament, – 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.
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| EC-Romania Agreement: participation in the work of the European Monitoring Centre for Drugs and Drug Addiction * |
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(Consultation procedure) The European Parliament, – 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.
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| EC-Turkey Agreement: participation in the work of the European Monitoring Centre for Drugs and Drug Addiction * |
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(Consultation procedure) The European Parliament, – 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.
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| Agreement between the EC and Singapore on certain aspects of air services * |
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(Consultation procedure) The European Parliament, – 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.
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| Agreement between the EC and Australia on certain aspects of air services * |
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(Consultation procedure) The European Parliament, – 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.
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| Agreement between the EC and New Zealand on certain aspects of air services * |
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(Consultation procedure) The European Parliament, – 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.
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| Agreement between the EC and Uruguay on certain aspects of air services * |
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(Consultation procedure) The European Parliament, – 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.
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| Agreement between the EC and the Maldives on certain aspects of air services * |
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(Consultation procedure) The European Parliament, – 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.
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| Management of the European satellite radio-navigation programmes * |
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(Consultation procedure) The European Parliament, – having regard to the Commission proposal to the Council (COM(2006)0261)(1), – having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0201/2006), – having regard to Rules 51 and 43(1) of its Rules of Procedure, – having regard to the report of the Committee on Industry, Research and Energy (A6-0314/2006), 1. Approves the Commission proposal; 2. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; 3. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; 4. Instructs its President to forward its position to the Council and Commission.
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| Quality required of shellfish waters ***I |
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(Codecision procedure - Codification) The European Parliament, – 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.
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| Misleading and comparative advertising ***I |
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(Codecision procedure - Codification) The European Parliament, – 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.
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| Protection of copyright and certain related rights (Codified version) ***I |
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(Codecision procedure - Codification) The European Parliament, – 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.
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| Rights related to copyright (Codified version) ***I |
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(Codecision procedure - Codification) The European Parliament, – 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.
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| Control of San José Scale (Codified version) * |
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(Consultation procedure - Codification) The European Parliament, – 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.
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| Glucose and lactose (Codified version) * |
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(Consultation procedure - Codification) The European Parliament, – 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.
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| Amendment of Rules 3 and 4 of Parliament's Rules of Procedure |
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The European Parliament, – 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.
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| The basic salaries and allowances applicable to Europol staff * |
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(Consultation procedure) The European Parliament, – 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.
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| Europol's Staff Regulations * |
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(Consultation procedure) The European Parliament, – 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.
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| Statistical classification of economic activities - NACE Rev. 2 ***I |
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(Codecision procedure: first reading) The European Parliament, – 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
(Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 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:
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
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):
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):
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:
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: "
(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:
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: "
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
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:
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.
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:
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:
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:
5. Annex 5 (A detailed module for structural statistics in insurance) is amended as follows: Throughout the text the following replacement shall be made:
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:
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:
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: 46 at three-digit; 45, 45.2, 49, 50, 51, 52, 53, 58, 59, 60, 61, 62, 63, 71, 73, 74, 78, 79, 80, 81.2, 82; sum of (45.1, 45.3 and 45.4); sum of (55 and 56); sum of (69 and 70.2). 2. The persons employed variable (No 210) is to be transmitted according to the following groupings of NACE Rev. 2: Divisions 45, 46, 49, 50, 51, 52, 53, 58, 59, 60, 61, 62, 63; sum of (69, 70.2, 71, 73 and 74); sum of (55 and 56); sum of (78, 79, 80, 81.2 and 82). 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: "
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.
2) In Section 8, point 1.1 shall be replaced by the following: "
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. "
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(Consultation procedure) The European Parliament, – 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.
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| European Agency for Reconstruction * |
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(Consultation procedure) The European Parliament, – 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.
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| European Union Agency for Fundamental Rights * |
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(Consultation procedure) The proposal was amended as follows(1):
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| Fundamental Rights Agency - activities under Title VI TEU * |
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(Consultation procedure) The proposal was amended as follows(1):
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| Future action in the field of patents |
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The European Parliament, – 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.
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| The protection and welfare of animals 2006-2010 |
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The European Parliament, – 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.
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| Follow-up to the report on competition in professional services |
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The European Parliament, – 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.
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| EU economic and trade relations with Mercosur |
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The European Parliament, – 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 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 67. Instructs its President to forward this resolution to the Council, the Commission, and the pro tempore Presidency of Mercosur.
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| Soft fruits and cherries |
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The European Parliament, – 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.
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