European Parliament legislative resolution of 11 December 2007 on the proposal for a Council decision on the conclusion of a Protocol amending the Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services in order to take account of the accession to the European Union of the Republic of Bulgaria and Romania (COM(2007)0497 – C6-0329/2007 – 2007/0183(CNS))

P6_TA(2007)0578 A6-0457/2007

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2007)0497),

–   having regard to Articles 80, 300(2) and 300(4), of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0329/2007),

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

–   having regard to the report of the Committee on Transport and Tourism (A6-0457/2007),

1.  Approves the conclusion of the Protocol;

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

European Parliament legislative resolution of 11 December 2007 on the proposal for a Council decision on the conclusion of Protocols amending the Agreements on certain aspects of air services between the European Community and the Government of Georgia, the Republic of Lebanon, the Republic of Maldives, the Republic of Moldova, the Government of the Republic of Singapore and the Oriental Republic of Uruguay to take account of the accession to the European Union of the Republic of Bulgaria and Romania (COM(2007)0366 – C6-0265/2007 – 2007/0125(CNS))

P6_TA(2007)0579 A6-0456/2007

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2007)0366),

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

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0265/2007),

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

–   having regard to the report of the Committee on Transport and Tourism (A6-0456/2007),

1.  Approves the conclusion of the Protocols;

2.  Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States and the Government of Georgia, the Republic of Lebanon, the Republic of Maldives, the Republic of Moldova, the Government of the Republic of Singapore and the Oriental Republic of Uruguay.

European Parliament legislative resolution of 11 December 2007 on the proposal for a Council decision adapting Annex VIII to the Act of Accession of Bulgaria and Romania (COM(2007)0594 – C6-0405/2007 – 2007/0217(CNS))

P6_TA(2007)0580 A6-0455/2007

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0594),

–   having regard to Article 34(4) of the Act of Accession of Bulgaria and Romania, pursuant to which the Council consulted Parliament (C6-0405/2007),

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

–   having regard to the report of the Committee on Agriculture and Rural Development (A6-0455/2007),

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.  Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

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.

European Parliament legislative resolution of 11 December 2007 on the proposal for a Council regulation amending Regulation (EEC) No 386/90 on the monitoring carried out at the time of export of agricultural products receiving refunds or other amounts (COM(2007)0489 – C6-0282/2007 – 2007/0178(CNS))

P6_TA(2007)0581 A6-0478/2007

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0489),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0282/2007),

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

–   having regard to the report of the Committee on Budgetary Control (A6-0478/2007),

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.  Calls for initiation of the conciliation procedure under the Joint Declaration of 4 March 1975 if the Council intends to depart from the text approved by Parliament;

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 Commission.

European Parliament legislative resolution of 11 December 2007 on the proposal for a directive of the European Parliament and of the Council on the coupling device and the reverse of wheeled agricultural or forestry tractors (codified version) (COM(2007)0319 – C6-0175/2007 – 2007/0117(COD))

P6_TA(2007)0582 A6-0474/2007

(Codecision procedure – codification)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0319),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0175/2007),

–   having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(1),

–   having regard to Rules 80 and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0474/2007),

1.  Approves the Commission proposal;

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

(1) OJ C 102, 4.4.1996, p. 2.

European Parliament legislative resolution of 11 December 2007 on the proposal for a directive of the European Parliament and of the Council on non-automatic weighing instruments (codified version) (COM(2007)0446 – C6-0241/2007 – 2007/0164(COD))

P6_TA(2007)0583 A6-0473/2007

(Codecision procedure – codification)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0446),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0241/2007),

–   having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(1),

–   having regard to Rules 80 and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0473/2007),

1.  Approves the Commission proposal;

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

(1) OJ C 102, 4.4.1996, p. 2.

European Parliament legislative resolution of 11 December 2007 on the proposal for a Council regulation (Euratom) laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency (codified version) (COM(2007)0302 – C6-0205/2007 – 2007/0103(CNS))

P6_TA(2007)0584 A6-0475/2007

(Consultation procedure – codification)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0302),

–   having regard to Article 31 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0205/2007),

–   having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(1),

–   having regard to Rules 80 and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0475/2007),

1.  Approves the Commission proposal;

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

(1) OJ C 102, 4.4.1996, p. 2.

European Parliament legislative resolution of 11 December 2007 on the proposal for a Council directive laying down minimum standards for the protection of calves (codified version) (COM(2006)0258 – C6-0200/2006 – 2006/0097(CNS))

P6_TA(2007)0585 A6-0476/2007

(Consultation procedure – codification)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2006)0258),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0200/2006),

–   having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(1),

–   having regard to Rules 80 and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0476/2007),

1.  Approves the Commission proposal;

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

(1) OJ C 102, 4.4.1996, p. 2.

European Parliament legislative resolution of 11 December 2007 on the proposal for a Council directive on the marketing of fruit plant propagating material and fruit plants intended for fruit production (recast version) (COM(2007)0031 – C6-0093/2007 – 2007/0014(CNS))

P6_TA(2007)0586 A6-0480/2007

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0031),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0093/2007),

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

–   having regard to Rules 51 and 80a of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development and the favourable opinion of the Committee on Legal Affairs (A6-0480/2007),

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 should it intend to depart from the text approved by Parliament;

4.  Asks to be consulted again if the Council intends to amend the Commission proposal substantially;

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 6 (6)  It is appropriate to establish Community rules for those genera and species of fruit plant which are of major economic importance in the Community, with a Community procedure for adding further genera and species later to the list of genera and species to which this Directive applies. The genera and species listed should be those which are widely grown in Member States and for whose propagating material there is a substantial market which covers more than one Member State. (6)  It is appropriate to establish Community rules for those genera and species of fruit plant which are of major economic importance in the Community, with a Community procedure for adding further genera and species later to the list of genera and species to which this Directive applies. The genera and species listed should be those which are widely grown in Member States and for whose propagating material there is a substantial market. Amendment 2 Recital 11 (11)  Genetically modified fruit plants should not be accepted for registration in the catalogue unless all the appropriate measures have been taken to avoid any risk to human health or the environment as referred to in Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed. (11)  Genetically modified fruit plants should not be accepted for registration in the catalogue, except as stock onto which the desired varieties are to be grafted and providing all the appropriate measures have been taken to avoid any risk to human health or the environment as referred to in Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed. In this case the purpose of genetic modification should be mentioned. Amendment 4 Recital 15 (15)  Suppliers who only market fruit plants or propagating material to persons not professionally engaged in the production or sale of fruit plants or propagating material should be exempted from the obligation of registration. deleted Amendment 5 Recital 15 a (new) (15a)  Suppliers marketing propagating material or fruit plants should be specialised in this sector. Amendment 6 Recital 16 a (new) (16a)  Furthermore, and in order to be able to receive Community funding for the planting of orchards, the producer should take care that the propagating material to be used originates from officially registered suppliers. Amendment 7 Recital 17 (17)  That objective can best be achieved either through common knowledge of the variety, in particular for old varieties, or through the availability of a description based on Community Plant Variety Office (CPVO) protocols or in their absence on other international or national rules. (17)  That objective can best be achieved either through common knowledge of the variety, in particular for old varieties, or through the availability of a description based on Community Plant Variety Office (CPVO) protocols or in their absence on other international or national rules. To this end, varieties which are marketed should be entered in the relevant list. Amendment 8 Recital 22 (22)  Rules should be established permitting, in the case of temporary supply difficulties due to natural disasters, such as fire, gales and failure of the flower crop, or unforeseen circumstances, the marketing of propagating material and fruit plants subject to requirements less stringent than those contained in this Directive for a limited period and subject to specific conditions. (22)  Rules should be established permitting, in the case of temporary supply difficulties due to natural disasters, such as fire, gales or unforeseen circumstances, the marketing of propagating material and fruit plants subject to requirements less stringent than those contained in this Directive for a limited period and subject to specific conditions . Amendment 9 Recital 23 (23)  In accordance with the principle of proportionality, provision should be made to allow Member States to exempt small producers all of whose production and sales of propagating material and fruit plants is intended for final use by persons on the local market who are not professionally involved in plant production ('local circulation') from the conditions on labelling and from the checks and official inspections. deleted Amendment 10 Recital 25 (25)  Provision should be made for authorising the marketing, within the Community, of propagating material and fruit plants produced in third countries, provided always that they afford the same guarantees as propagating material and fruit plants produced in the Community and complying with Community rules. (25)  Provision should be made for authorising the marketing, within the Community, of propagating material and fruit plants produced in third countries, provided always that they afford the same guarantees as propagating material and fruit plants produced in the Community and complying with Community rules. Firms in third countries exporting propagating material and fruit plants should be registered. Amendment 11 Article 2, point 4 (4)  "Clone" means the vegetative progeny of a variety which is true to a fruit plant stock chosen on account of varietal identity, its phenotypic characters and its state of health; (4)  "Clone" means the vegetative progeny of a variety of a species of fruit plant which is true to a fruit plant stock chosen on account of varietal identity, its phenotypic characters and its state of health; Amendment 12 Article 2, point 8, point (e) (e) have been found by official inspection to satisfy the conditions in (a) to (d); (e) have been found in spot checks made during official inspections to satisfy the conditions in (a) to (d); Amendment 13 Article 2, point 11, point (a) (a) an authority, established or designated by the Member State under the supervision of the national government and responsible for questions concerning the quality of propagating material and fruit plants: (a) an authority established or designated by the Member State under the supervision of the national government and responsible for carrying out inspections and controls in respect of questions concerning the quality, certification and plant health of propagating material and fruit plants: Amendment 14 Article 3, paragraph 1, point (a) (a) the propagating material has been officially certified as "pre-basic material", "basic material" or "certified material" or if it is found to be CAC material by official inspection; (a) the propagating material is officially certified as "pre-basic material", "basic material" or "certified material" or fulfils the criteria for CAC material; Amendment 15 Article 3, paragraph 1, point (b) (b) the fruit plants have been officially certified as certified material or are found to be CAC material by official inspection. deleted Amendment 16 Article 3, paragraph 2 2.  In the case of a variety which consists of a genetically modified organism within the meaning of points 1 and 2 of Article 2 of Directive 2001/18/EC the variety shall be accepted for registration in the catalogue only if has been authorised pursuant to that Directive or pursuant to Regulation (EC) No 1829/2003. 2.  In the case of a variety which consists of a genetically modified organism within the meaning of points 1 and 2 of Article 2 of Directive 2001/18/EC the variety shall be accepted for registration in the catalogue only if has been authorised pursuant to that Directive or pursuant to Regulation (EC) No 1829/2003 and subject to the precondition that it will be used as stock onto which the desired variety will be grafted. Amendment 17 Article 3, paragraph 2 a (new) 2a.  In the case of a genetically modified variety, within the meaning of Article 2(1) and (2) of Directive 2001/18/EC, a special risk assessment shall take place, chiefly regarding human health and the environment, it must be appropriately labelled so that the purchaser is informed that genetically modified material is being supplied and the purpose of genetic modification must be mentioned. Amendment 18 Article 3, paragraph 3 a (new) 3a.  Marketing by officially registered suppliers of propagating material and fruit plants, duly documented, shall be considered an indispensable condition for the inclusion of a producer in co-funded programmes for planting orchards. Amendment 19 Article 4, point (c a) (new) (ca) supplementary or more stringent conditions for propagating material and fruit plants, which Member States may lay down for their own domestic production. Amendment 20 Article 5, paragraph 1 1.  Suppliers shall be officially registered in relation to the activities which they carry out under this Directive. 1.  Suppliers shall be officially registered in relation to the activities which they carry out under this Directive and shall hold a marketing licence for propagating material, issued as specified in each Member State. Amendment 21 Article 5, paragraph 1 a (new) 1a.  Suppliers who market propagating material or fruit plants should have a specialisation in this field sector and be agronomists or undertakings employing persons with such specialisations. Amendment 22 Article 5, paragraph 1 b (new) 1b.  Member States shall ensure and check that suppliers take all the necessary measures to ensure compliance with the standards of this directive at all stages of the production and marketing of propagating material and fruit plants. Amendment 23 Article 5, paragraph 2 2.  Paragraph 1 shall not apply to suppliers marketing only to persons not professionally engaged in the production, reproduction or sale of propagating material or fruit plants. deleted Amendment 24 Article 6, paragraph 3, subparagraph 1 3.  When propagating material or fruit plants are marketed, suppliers shall keep records of their sales or purchases for at least 12 months. 3.  When propagating material or fruit plants are marketed, suppliers shall keep records of their sales or purchases for at least five years. Amendment 25 Article 7, paragraph 2 2.  In the case of propagating material of a variety which has been genetically modified, any label and document, official or otherwise, which is affixed to or accompanies the material under this Directive shall clearly indicate that the variety has been genetically modified and shall name the genetically modified organisms. 2.  In the case of propagating material of a variety which has been genetically modified, any label and document, official or otherwise, which is affixed to or accompanies the material under this Directive shall clearly indicate that the variety has been genetically modified and shall name the genetically modified organisms and clarify the purpose of genetic modification. Amendment 26 Article 12, paragraph 1 a (new) 1a.  Firms in third countries exporting propagating material and fruit plants shall be registered so as to ensure traceability at all stages. Amendment 28 Article 19 a (new) Article 19a Application assessment Within five years from the date of entry into force of this Directive, the Commission shall examine the results of its application and submit to the European Parliament and the Council a report, accompanied by any necessary proposals for amendment. Amendment 29 Article 21 Member States may, as a transitional measure until 1 January XXX, allow the marketing in their own territory of certified and CAC material taken from parent plants in existence at the date of entry into force of this Directive. Member States may, as a transitional measure until 10 years after the entry into force of this directive, allow the marketing in their own territory of certified and CAC material taken from parent plants in existence at the date of entry into force of this Directive. Amendment 30 Article 22, paragraph 2 a (new) The implementing measures for Directive 92/34/EEC, which is repealed, shall continue to apply until new implementing measures are adopted.

(1) OJ C 77, 28.3.2002, p. 1.

European Parliament legislative resolution of 11 December 2007 on the proposal for a Council directive amending Directive 2006/112/EC with regard to certain temporary provisions concerning rates of value added tax (COM(2007)0381 – C6-0253/2007 – 2007/0136(CNS))

P6_TA(2007)0587 A6-0469/2007

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0381),

–   having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0253/2007),

–   having regard to the Commission communication to the Council and the European Parliament on VAT rates other than standard VAT rates (COM(2007)0380),

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

–   having regard to the report of the Committee on Economic and Monetary Affairs (A6-0469/2007),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 RECITAL 1 (1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, provides for certain derogations in the field of VAT rates. Some of these derogations expire at a precise date, while others last until the adoption of the definitive arrangements. (1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, provides for certain derogations in the field of VAT rates. Some of these derogations expire at a precise date, while others last until the adoption of the definitive arrangements for intra-Community transactions. Amendment 2 RECITAL 1 A (new) (1a)  In accordance with the principle of subsidiarity, the Community should not impinge upon Member States' competence in the area of indirect taxation beyond what is necessary to ensure the proper functioning of the internal market as regards the setting of VAT rates. In particular, locally supplied services, in so far as they do not involve cross-border activities, have, in principle, no effect on the functioning of the internal market. Amendment 3 RECITAL 2 (2)  In order to ensure more equality of treatment among Member States, derogations that do not conflict with a smooth functioning of the internal market and with other Community policies should be prolonged until the end of 2010, date of the expiry of the minimum of 15% for the standard rate and of the experiment on the application of a reduced rate to labour intensive services. By contrast, certain derogations should not be prolonged. (2)  In order to ensure equality of treatment among Member States, derogations that do not conflict with a smooth functioning of the internal market and with other Community policies should be prolonged until the end of 2010, date of the expiry of the minimum of 15% for the standard rate and of the experiment on the application of a reduced rate to labour intensive services. On specific grounds, certain derogations should not be prolonged. Amendment 4 RECITAL 2 A (new) (2a)  The period until 31 December 2010 should be sufficiently long to allow the Council to reach a conclusion on abandoning its target of introducing a definitive system for the taxation of intra-Community transactions, based on the principle of taxation in the country of origin and on an approach towards the approximation of VAT rates. Amendment 5 RECITAL 2 B (new) (2b)  The period until 31 December 2010 should also be sufficiently long to allow the Council to reach a conclusion on the final structure of VAT rates, which should include options allowing Member States to apply different VAT rates, provided that the smooth functioning of the internal market and other Community policies are ensured. During that period, the current rules should be applied in a prudent way, taking due account of borderline cases, so that Member States are not precluded from pursuing legitimate policy objectives before of after the Council decides on the final structure of value added tax. Amendment 6 RECITAL 2 C (new) (2c)  In accordance with the principle of subsidiarity, and after the Council has decided on a definitive system for the taxation of intra-Community transactions, Member States should be able to apply reduced rates or, in exceptional circumstances, possibly even zero rates, to basic goods and services such as food and medication for clearly defined social, economic and environmental reasons and for the benefit of the final consumer. Amendment 7 RECITAL 2 D (new) (2d)  In accordance with the principle of subsidiarity and after the Council has decided on a definitive system for the taxation of intra-Community transactions, Member States should be able to apply reduced rates or, in exceptional circumstances, possibly even zero rates to the provision of locally supplied services, including services and provision of goods linked to education, welfare, social security work and culture. Amendment 8 RECITAL 2 E (new) (2e)  Any future system for the taxation of intra-Community transactions should be transparent and based on administrative simplicity. Amendment 9 RECITAL 6 (6)  The derogations granted to Hungary and Slovakia should not be prolonged because those Member States have not applied or no longer apply a reduced rate. (6)  It should be highlighted that those Member States that have not applied or no longer apply the temporary VAT derogations that expired in 2007 should be granted, until 31 December 2010, the opportunity to avail themselves of such temporary derogations.

European Parliament legislative resolution of 11 December 2007 on the proposal for a Council regulation setting up the ARTEMIS Joint Undertaking to implement a Joint Technology Initiative in Embedded Computing Systems (COM(2007)0243 – C6-0172/2007 – 2007/0088(CNS))

P6_TA(2007)0588 A6-0484/2007

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0243),

–   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1) (Financial Regulation), and in particular Article 185 thereof,

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(2) (IIA), and in particular Point 47 thereof,

–   having regard to Articles 171 and 172 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0172/2007),

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

–   having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Budgets (A6-0484/2007),

1.  Approves the Commission proposal as amended;

2.  Considers that the reference amount indicated in the legislative proposal must be compatible with the ceiling of heading 1a of the current multiannual financial framework 2007-2013 and with the provisions of Point 47 of the Interinstitutional Agreement (IIA) of 17 May 2006; notes that any financing beyond 2013 will be evaluated in the context of the negotiations for the next financial framework;

3.  Recalls that the opinion delivered by the Committee on Budgets does not pre-empt the outcome of the procedure laid down in Point 47 of the IIA of 17 May 2006 which applies to the setting up of the ARTEMIS Joint Undertaking;

4.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty and Article 119, second paragraph, of the Euratom Treaty;

5.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

6.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 11 (11)  The ambition and scope of the stated objectives of the JTI on Embedded Computing Systems, the scale of the financial and technical resources that need to be mobilised, and the need to achieve effective coordination and synergy of resources and funding, call for action to be taken by the Community. Therefore, it is necessary to set up a Joint Undertaking (hereinafter referred to as the "ARTEMIS Joint Undertaking") under Article 171 of the Treaty as a legal entity responsible for the implementation of the JTI on "Embedded Computing Systems". To ensure the appropriate management of R&D activities initiated under the Seventh Framework Programme (2007-2013), the ARTEMIS Joint Undertaking should be set up for a period ending on 31 December 2017, which may be extended. (11)  The ambition and scope of the stated objectives of the JTI on Embedded Computing Systems, the scale of the financial and technical resources that need to be mobilised, and the need to achieve effective coordination and synergy of resources and funding, call for action to be taken by the Community. Therefore, it is necessary to set up a Joint Undertaking (hereinafter referred to as the "ARTEMIS Joint Undertaking") under Article 171 of the Treaty as a legal entity responsible for the implementation of the JTI on "Embedded Computing Systems". To ensure the appropriate management of R&D activities initiated under the Seventh Framework Programme (2007-2013), the ARTEMIS Joint Undertaking should be set up for a period ending on 31 December 2017. It should be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017. This amendment will apply throughout the text Amendment 2 Recital 12 (12)  The ARTEMIS Joint Undertaking should be a body set up by the Communities and discharge for the implementation of its budget should be given by the European Parliament, on the recommendation of the Council, taking however into account the specificities resulting from the nature of JTIs as public-private partnerships and in particular from the private sector contribution to the budget. (12)  The ARTEMIS Joint Undertaking should respect the Court of Auditor's competence to examine the revenue and expenditures accounts of all bodies set up by the Communities and should recognize the specificities of the Joint Technology Initiatives as new mechanisms for implementing public-private partnerships, in order to find a more effective solution for the purpose of discharging the general budget of the European Union. ____________ 1 Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the budget of the European Communities (OJ L 357, 31.12.2002, p. 72; corrigendum in OJ L 2, 7.1.2003, p. 39). Amendment 3 Recital 21 (21)  The need to ensure stable employment conditions and equal treatment of staff, and in order to attract specialised scientific and technical staff of the highest calibre, requires the application of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities, ("the Staff Regulation") to all staff recruited by the ARTEMIS Joint Undertaking. (21)  The need to ensure stable employment conditions and equal treatment of staff and to attract specialised scientific and technical staff of the highest calibre, requires that the Commission be authorised to second as many officials as needed to the ARTEMIS Joint Undertaking. The remaining staff should be recruited by the ARTEMIS Joint Undertaking in accordance with host country employment regulations. Amendment 4 Recital 25 (25)  The ARTEMIS Joint Undertaking should have, subject to prior consultation with the Commission, a distinct financial regulation based on the principles of the framework financial regulation1 which takes into account its specific operating needs arising, in particular, from the need to combine Community and national funding to support R&D Activities in an efficient and timely manner. (25)  The financial rules applicable to the ARTEMIS Joint Undertaking should not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities1, unless its specific operating needs so require, in particular the need to combine Community and national funding to support R&D Activities in an efficient and timely manner. The prior consent of the Commission is required for the adoption of any rules which depart from Regulation (EC, Euratom) No 2343/2002. The budgetary authority should be informed of any such derogation. ____________________________ 1 Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the budget of the European Communities, OJ L 357, 31.12.2002, p. 72; corrigendum in OJ L 2, 7.1.2003, p. 39 ____________________________ 1 OJ L 357, 31.12.2002, p. 72. Corrigendum in OJ L 2, 7.1.2003, p. 39. Amendment 5 Article 1, paragraph 1 1.  For the implementation of the Joint Technology Initiative (JTI) on Embedded Computing Systems, a Joint Undertaking within the meaning of Article 171 of the Treaty hereinafter referred to as the "ARTEMIS Joint Undertaking" is hereby set up for a period ending on 31 December 2017. This period may be extended by a revision of this Regulation. 1.  For the implementation of the Joint Technology Initiative (JTI) on Embedded Computing Systems, a Joint undertaking within the meaning of Article 171 of the Treaty hereinafter referred to as the "ARTEMIS Joint Undertaking" is hereby set up for a period ending on 31 December 2017. It shall be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017. Amendment 6 Article 2, point d) (d) ensure the efficiency and durability of the JTI on Embedded Computing Systems; deleted Amendment 7 Article 2, point (d a) (new) (da) promote the involvement of small and medium-sized enterprises (SMEs) in its activities; Amendment 8 Article 4, paragraph 2, point (a) (a) a financial contribution from ARTEMISIA of up to EUR 20 million or up to 1% of the overall costs of Projects , whichever figure is higher, but not exceeding EUR [30] million; (a) a financial contribution from ARTEMISIA of up to EUR 20 million or up to 1% of the overall costs of Projects , whichever figure is higher, but not exceeding EUR 30 million; Amendment 9 Article 4, paragraph 2, subparagraph 1a (new) The sum of the contributions referred to in points (a) and (b) shall not exceed 5% of the overall budget of the ARTEMIS Joint Undertaking. Amendment 10 Article 4, paragraph 3, point b) (b) financial contributions from ARTEMIS Member States made in the form of annual commitments to be disbursed directly to research and development organisations participating in the R&D Projects; (b) financial contributions from ARTEMIS Member States made in the form of annual commitments to be disbursed directly to research and development organisations participating in the R&D Projects; ARTEMIS Member States shall ensure that national funds are allocated within the shortest possible delay. Amendment 11 Article 4, paragraph 3 a (new) 3a.  The financial contributions to the cost of Projects from public funds shall be conditional on in-kind contributions to the Projects submitted by research and development organisations to cover their share of the costs of the Projects. Amendment 12 Article 6, paragraph 1 1.  The ARTEMIS Joint Undertaking Financial Regulation shall be based on the principles of the Framework Financial Regulation. It may depart from the Framework Financial Regulation where the specific operating needs of the ARTEMIS Joint Undertaking so require and subject to prior consultation with the Commission. 1.  The financial rules of the ARTEMIS Joint Undertaking shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require and subject to the prior consent of the Commission. The budgetary authority shall be informed of any such derogation. Amendment 13 Article 7, paragraph 5, point (c) (c)  The evaluation and selection process shall ensure that allocation of the ARTEMIS Joint Undertaking public funding follows the principles of excellence and competition. c)  The evaluation and selection process, which shall be carried out with the assistance of external experts, shall ensure that allocation of the ARTEMIS Joint Undertaking public funding follows the principles of excellence and competition. Amendment 14 Article 8, paragraph 1 1.  The Staff Regulations of Officials of the European Communities, the Conditions of Employment of Other Servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the ARTEMIS Joint Undertaking and its Executive Director. 1.   The ARTEMIS Joint Undertaking shall recruit its staff in accordance with applicable regulations of the host country. The Commission may second to the Artemis Joint Undertaking as many officials as may be needed. Amendment 15 Article 8, paragraph 2 2.  In respect of its staff, the ARTEMIS Joint Undertaking shall exercise the powers conferred on the appointing authority by the Staff Regulations of Officials of the European Communities and on the authority empowered to conclude contracts by the Conditions of Employment of Other Servants of the European Communities. deleted Amendment 16 Article 8, paragraph 3 3.  The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures, in accordance with arrangements provided for in article 110 of the Staff Regulations of Officials of the European Communities, and the Conditions of Employment of Other Servants of the European Communities. 3.  The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures regarding the secondment of officials of the European Communities. Amendment 17 Article 9 Article 9 Privileges and Immunities The Protocol on the Privileges and Immunities of the European Communities shall apply to the ARTEMISJoint Undertaking and its staff. deleted Amendment 18 Article 10, paragraph 1 1.  The contractual liability of the ARTEMIS Joint Undertaking shall be governed by law applicable to the relevant contractual provisions. 1.  The contractual liability of the ARTEMIS Joint Undertaking shall be governed by the relevant contractual provisions and by the law applicable to the agreement or contract in question. Amendment 19 Article 10, paragraph 3 a (new) 3a.  The ARTEMIS Joint Undertaking shall be solely responsible for meeting its obligations. Amendment 20 Article 10, paragraph 3 b (new) 3b.  The ARTEMIS Joint Undertaking shall not be responsible for meeting the financial obligations of its Members. It shall not be liable for any ARTEMIS Member State failing to meet its obligations resulting from calls for proposals launched by the ARTEMIS Joint Undertaking. Amendment 21 Article 10, paragraph 3 c (new) 3c.  The Members shall not be liable for any of the ARTEMIS Joint Undertaking's obligations. The financial liability of the Members shall be an internal liability towards the ARTEMIS Joint Undertaking only, limited to their commitment to contribute to the resources as set out in Article 4. Amendment 22 Article 12, paragraph 2 2.  No later than 31 December 2010 and 31 December 2015, the Commission shall conduct interim evaluations of the ARTEMIS Joint Undertaking with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the ARTEMIS Joint Undertaking and progress towards the objectives set. The Commission shall communicate the conclusions thereof, accompanied by its observations to the European Parliament and the Council. 2.  No later than 31 December 2010, the Commission shall present to the European Parliament and the Council an interim evaluation of the ARTEMIS Joint Undertaking prepared with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the ARTEMIS Joint Undertaking and progress towards the objectives set. Amendment 23 Article 12, paragraph 3 3.  By 31 March 2018, the Commission shall conduct a final evaluation of the ARTEMIS Joint Undertaking with the assistance of independent experts. The results of the final evaluation shall be presented to the European Parliament and the Council. deleted Amendment 24 Article 12, paragraph 4 4.  Discharge for the implementation of the budget of the ARTEMIS Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for by the Financial Regulation of the ARTEMIS Joint Undertaking. 4.  Discharge for the implementation of the budget of the ARTEMIS Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for by the financial rules of the ARTEMIS Joint Undertaking, respecting the Court of Auditor's competence to examine the revenue and expenditures accounts of all bodies set up by the Communities and recognising the specificities of the Joint Technology Initiatives as new mechanisms for implementing public private partnerships, in order to find a more effective solution for the purpose of discharging the general budget of the Euoprean Union. Amendment 25 Article 17 A host agreement shall be concluded between the ARTEMIS Joint Undertaking and the host State concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the ARTEMIS Joint Undertaking. A host agreement shall be concluded between the ARTEMIS Joint Undertaking and the host State concerning assistance with regard to office accommodation, privileges and immunities and other support to be provided by Belgium to the ARTEMIS Joint Undertaking. Amendment 26 Annex, Article 1, paragraph 3 3.  The ARTEMIS Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Communities for a period ending on 31 December 2017. 3.  The ARTEMIS Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Union for a period ending on 31 December 2017. It shall be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017. Amendment 28 Annex, Article 1, paragraph 4 4.  This period may be extended by amending these Statutes in accordance with the provisions of Article 23, taking into account the progress made towards achieving the objectives of the ARTEMIS Joint Undertaking and provided that financial sustainability is ensured. deleted Amendment 27 Annex, Article 1, paragraph 5 a (new) 5a.  The ARTEMIS Joint Undertaking is a body as referred to in Article 185 of the Financial Regulation and Point 47 of the IIA of 17 May 2006. Amendment 29 Annex, Article 2, paragraph 1, point (d) (d) ensure the efficiency and durability of the JTI on Embedded Computing Systems; deleted Amendment 30 Annex, Article 2, paragraph 2, point (d a) (new) (da) to promote the involvement of SMEs in its activities; Amendment 31 Annex, Article 2, paragraph 2, point (h) (h) to publish information on the Projects, including the name of the participants and the amount of the financial contribution of the ARTEMIS Joint Undertaking; (h) to publish information on the Projects, including the name of the participants and the amount per participant of the financial contribution of the ARTEMIS Joint Undertaking; Amendment 32 Annex, Article 4, paragraph 4 4.  Decisions of the Governing Board on accession of any other legal entity or recommendations of the Governing Board on the accession of Third Countries shall be made taking into account the relevance and potential added value of the applicant for the achievement of the objectives of the ARTEMIS Joint Undertaking. 4.  Decisions of the Governing Board on the accession of any other legal entity or recommendations of the Governing Board on the accession of Third Countries shall be made taking into account the relevance and potential added value of the applicant for the achievement of the objectives of the ARTEMIS Joint Undertaking. In the event of an application for membership, the Governing Board shall provide timely information to the Commission on the assessment made of the applicant and, where applicable, on the recommendation or decision of the Governing Board. The Commission shall transmit this information to the Council. Amendment 33 Annex, Article 4, paragraph 5 5.  Any Member may withdraw from the ARTEMIS Joint Undertaking. Withdrawal shall become effective and irrevocable six months after notification to the other Members following which the former Member shall be discharged from any obligations other than those already existing previous to its withdrawal. 5.  Any Member may withdraw from the ARTEMIS Joint Undertaking. Withdrawal shall become effective and irrevocable six months after notification to the other Members following which the former Member shall be discharged from any obligations other than those already undertaken through a decision of the ARTEMIS Joint Undertaking in accordance with these Statutes prior to the Member's withdrawal. The obligation to give six months' notice shall not apply when a Member's withdrawal is based upon and a direct consequence of amendment of these Statutes. Amendment 34 Annex, Article 6, paragraph 2, point (c) (c) approve the Financial Regulation of the ARTEMIS Joint Undertaking according to Article 13 of these Statutes; (c) approve the financial rules of the ARTEMIS Joint Undertaking according to Article 13 of these Statutes, after consulting the Commission; Amendment 35 Annex, Article 7, paragraph 2, point (e) (e) approve the launch of calls for proposals; (e) approve the content, the objectives and the launch of calls for proposals; Amendment 36 Annex, Article 7, paragraph 3, point (b) (b)  The Public Authorities Board shall elect its Chairperson. (b)  The Public Authorities Board shall elect its Chairperson every two years. The same Chairperson may be re-elected no more than twice. Amendment 37 Annex, Article 9, paragraph 2 2.  The Executive Director shall be appointed by the Governing Board from a list of candidates proposed by the Commission, for a period of up to three years. After an evaluation of the Executive Director's performance, the Board may extend the term of office once for a further period of not more than four years. 2.  The Executive Director shall be appointed by the Governing Board on the basis of a list of candidates proposed by the Commission following a call for expression of interest published in the Official Journal of the European Union and in the press or on the internet, for a period of up to three years. After an evaluation of the Executive Director's performance, the Board may extend the term of office once for a further period of not more than three years. Amendment 38 Annex, Article 10, paragraph 2, point (b) (b) a Community contribution to fund the R&D Activities; (b) a Community contribution to fund the Projects; Amendment 39 Annex, Article 10, paragraph 4, point (a) (a)  ARTEMISIA shall make a contribution of up to EUR 20 million or up to 1% of the overall costs of Projects, whichever figure is higher, but not exceeding EUR 30 million; (a)  ARTEMISIA shall make a contribution of up to EUR 20 million or up to 1% of the overall costs of Projects, whichever figure is higher, but not exceeding EUR 30 million. The overall costs of Projects shall mean the sum of the total costs (as defined in footnote 32) of all Projects; Amendment 40 Annex, Article 10, paragraph 4, point (d a) (new) (da) the sum of the contributions referred to in points (a) and (b) shall not exceed 5% of the overall budget of the ARTEMIS Joint Undertaking. Amendment 41 Annex, Article 10, paragraph 5, point (c) (c) in-kind contributions by research and development organisations participating in Projects which shall bear their share of the necessary cost of carrying out the Projects. Their overall contribution over the duration of the ARTEMIS Joint Undertaking shall be equal to or greater than the contribution of public authorities. (c) in-kind contributions by research and development organisations participating in Projects, which shall be subject to an evaluation of their value and relevance to the carrying-out of the activities of the ARTEMIS Joint Undertaking and to acceptance by the Governing Board. The procedure for evaluating in-kind contributions shall be adopted by the Governing Board. It shall be based on the following principles: – the overall approach will be based on the modus operandi of the Seventh Framework Programme, whereunder in-kind contributions to projects are assessed at review level; – the implementing rules of the ARTEMIS Joint Undertaking's financial rules will be used as guide; – additional items will be covered by International Accounting Standards; – evaluation of contributions will take place in accordance with the values generally accepted on the market in question (Article 172(2)(b) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the financial Regulation applicable to the general budget of the European Communities*). Verification shall be carried out by an independent auditor. __________________ * OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13). Amendment 42 Annex, Article 10, paragraph 7 7.  Should any Member of the ARTEMIS Joint Undertaking be in default of its commitments concerning its agreed financial contribution to the ARTEMIS Joint Undertaking, the Executive Director shall convene a meeting of the Governing Board to decide whether the remaining Members should revoke the defaulting Member's membership or if any other measures should be taken until its obligations have been met. 7.  Should any Member of the ARTEMIS Joint Undertaking be in default of its commitments concerning its agreed financial contribution to the ARTEMIS Joint Undertaking, the Executive Director shall notify such Member in writing thereof and shall set a reasonable period in which such default may be remedied. If the default has not been remedied within such period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting Member's membership should be revoked or if any other measures should be taken until its obligations have been met. Amendment 43 Annex, Article 13, title and paragraphs (1) to (3) Financial Regulation Financial rules 1.  The Financial Regulation of the ARTEMIS Joint Undertaking shall be adopted by the Governing Board. 1.  The financial rules of the ARTEMIS Joint Undertaking shall be adopted by the Governing Board after consulting the Commission. 2.  The purpose of the Financial Regulation is to ensure the sound financial management of the ARTEMIS Joint Undertaking. 2.  The purpose of the financial rules is to ensure the sound financial management of the ARTEMIS Joint Undertaking. 3.  The Financial Regulation shall be based on the principles of the Framework Financial Regulation and shall include provisions for the planning and implementation of the budget of the ARTEMIS Joint Undertaking. The Financial Regulation may depart from the Framework Financial Regulation where the specific operating needs of the ARTEMIS Joint Undertaking so require and subject to prior consultation with the Commission. 3.  The ARTEMIS Joint Undertaking's financial rules shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require. The prior consent of the Commission shall be required for the adoption of any rules which depart from Regulation (EC, Euratom) No 2343/2002. The budgetary authority shall be informed of any such derogation. Amendment 44 Annex, Article 13, paragraph 4 4.  Discharge for the implementation of the budget of the ARTEMIS Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure that shall be provided for by the Financial Regulation of the ARTEMIS Joint Undertaking. 4.  Discharge for the implementation of the budget of the ARTEMIS Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for by the financial rules of the ARTEMIS Joint Undertaking, respecting the Court of Auditor's competence to examine the revenue and expenditure accounts of all bodies set up by the Communities and recognizing the specificities of the Joint Technology Initiatives as new mechanisms for implementing public private partnerships, in order to find a more effective solution for the purpose of discharging the general budget of the European Union. Amendment 45 Annex, Article 14, paragraph 1 1.  The Multiannual Strategic Plan shall specify the strategy and plans for achieving the objectives of the ARTEMIS Joint Undertaking, including the Research Agenda. 1.  The Multiannual Strategic Plan shall specify the strategy and plans for achieving the objectives of the ARTEMIS Joint Undertaking, including the Research Agenda. Once approved by the Governing Board, the Multiannual Strategic Plan shall be made public. Amendment 46 Annex, Article 14, paragraph 2 2.  The Annual Work Programme shall describe the scope and budget of calls for proposals needed to implement the Research Agenda for a particular year. 2.  The Annual Work Programme shall describe the scope and budget of calls for proposals needed to implement the Research Agenda for a particular year. Once approved by the Governing Board, the Annual Work Programme shall be made public. Amendment 47 Annex, Article 14, paragraph 3 3.  The Annual Implementation Plan shall specify the plan for the execution of all the activities of the ARTEMIS Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through Calls for tenders. The Annual Implementation Plan shall be presented by the Executive Director to the Governing Board together with the Annual Budget Plan. 3.  The Annual Implementation Plan shall specify the plan for the execution of all the activities of the ARTEMIS Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through Calls for tenders. The Annual Implementation Plan shall be presented by the Executive Director to the Governing Board together with the Annual Budget Plan. Once approved by the Governing Board, the Annual Implementation Plan shall be made public. Amendment 48 Annex, Article 14, paragraph 5, subparagraph 2 The Annual Activity Report shall be presented by the Executive Director together with the Annual Accounts and balance sheets. The Annual Activity Report shall be presented by the Executive Director together with the Annual Accounts and balance sheets. This Annual Activity Report shall include the participation of SMEs in the R&D activities of the ARTEMIS Joint Undertaking. Amendment 49 Annex, Article 14, paragraph 6 6.  Annual Accounts and balance sheets: within two months of the closure of each financial year, the Annual Accounts and balance sheets for the preceding year shall be submitted by the Executive Director to the Governing Board for approval. The Annual Accounts and balance sheets for the preceding year shall be submitted to the European Court of Auditors. 6.  Annual Accounts and balance sheets: within two months of the closure of each financial year, the Annual Accounts and balance sheets for the preceding year shall be submitted by the Executive Director to the Governing Board for approval. The Annual Accounts and balance sheets for the preceding year shall be submitted to the European Court of Auditors and to the budgetary authority. Amendment 50 Annex, Article 15, paragraph 2 2.  The ARTEMIS Joint Undertaking shall conclude grant agreements with Project participants for the implementation of the Projects. These grant agreements shall refer to and, where appropriate, rely on corresponding national grant agreements as referred to in Article 16(5)(b). 2.  The ARTEMIS Joint Undertaking shall conclude grant agreements with Project participants for the implementation of the Projects. The terms and conditions of these grant agreements shall be in accordance with the financial rules of the ARTEMIS Joint Undertaking and shall refer to and, where appropriate, rely on corresponding national grant agreements as referred to in Article 16(5)(b). Amendment 51 Annex, Article 16, paragraph 4, point (a) (a)  Calls for proposals launched by the ARTEMIS Joint Undertaking shall be open to participants established in ARTEMIS Member States and in any other Member State of the European Union or Associated Country. a)  Calls for proposals launched by the ARTEMIS Joint Undertaking shall be open to participants established in ARTEMIS Member States and in any other Member State of the European Union or Associated Country. Calls for proposals shall be made public to the greatest extent possible through periodicals, on the internet, etc. Amendment 52 Annex, Article 18, paragraph 1 1.  The staff resources shall be determined in an establishment plan to be set out in the Annual Budget Plan. 1.  The staff resources shall be determined in an establishment plan to be set out in the Annual Budget Plan and to be forwarded by the Commission to the European Parliament and the Council together with the preliminary draft budget of the European Union. Amendment 53 Annex, Article 18, paragraph 2 2.  The members of the staff of the ARTEMIS Joint Undertaking shall be temporary agents and contract agents and shall have fixed-term contracts extendable once up to a maximum total period of seven years. deleted Amendment 54 Annex, Article 19, paragraph 6 6.  The Members are not liable for any of the ARTEMIS Joint Undertaking's financial obligations. The financial liability of the Members is an internal liability towards the ARTEMIS Joint Undertaking only, and is limited to their commitment to contribute to the resources as set out in Article 10(2). 6.  The Members are not liable for any of the ARTEMIS Joint Undertaking's obligations. The financial liability of the Members is an internal liability towards the ARTEMIS Joint Undertaking only, and is limited to their commitment to contribute to the resources as set out in Article 10(2). Amendment 55 Annex, Article 19, paragraph 7 7.  The financial liability of the ARTEMIS Joint Undertaking for its debts is limited to the contributions that the Members have made to the running costs as set out in Article 10 (2). 7.   With the exception of the financial contributions due to Project participants pursuant to Article 16(5)(a), the financial liability of the ARTEMIS Joint Undertaking for its debts is limited to the contributions that the Members have made to the running costs as set out in Article 10(2). Amendment 56 Annex, Article 22, paragraph 5 5.  When any physical asset has been dealt with as provided for in paragraph 4, any further assets shall be used to cover the liabilities of the ARTEMIS Joint Undertaking and the costs relating to its winding-up. Any surplus or deficit shall be distributed among or met by the Members existing at the time of the winding-up in proportion to their actual contribution to the ARTEMIS Joint Undertaking. 5.  When any physical asset has been dealt with as provided for in paragraph 4, any further assets shall be used to cover the liabilities of the ARTEMIS Joint Undertaking and the costs relating to its winding-up. Any surplus shall be distributed among the Members existing at the time of the winding-up in proportion to their actual contribution to the ARTEMIS Joint Undertaking. Amendment 57 Annex, Article 23, paragraph 3 3.  Proposals for amendments to the Statutes shall be approved by the Governing Board according to the provisions of Article 6 and submitted to the Commission for decision. 3.  Proposals for amendments to the Statutes shall be approved by the Governing Board according to the provisions of Article 6 and submitted to the Commission for decision after consulting the European Parliament. Amendment 58 Annex, Article 23, paragraph 4 4.  Notwithstanding paragraph 3, any amendment proposed to Article 1(3), Article 4 (3), Article 10(4)(b) Article 10(5)(a) shall be considered as an essential aspect and therefore subject to a revision of this Regulation. 4.  Notwithstanding paragraph 3, any amendment proposed to Article 1(3), Article 4(3), Article 6(1), Article 7(1), Article 9(2), Article 10(4)(b), Article 10(5)(a) , ) and Article 19 shall be considered as an essential aspect and therefore subject to a revision of this Regulation. Amendment 60 Annex, Article 24, paragraph 2, point (i) (i)  "Access Right" shall mean non-exclusive licences and user rights to Foreground or Background, which rights shall not include the right to sublicense unless otherwise agreed upon in the Project Agreement; (i)  "Access Right" shall mean non-exclusive licences and user rights to Foreground or Background to be granted under Project Agreements, which rights shall not include the right to sublicense unless otherwise agreed upon in the Project Agreement; Amendment 61 Annex, Article 24, paragraph 2, point (j) (j)  "Needed" shall mean "technically essential" for the implementation of the Project and/or in respect of use of Foreground and, where Intellectual Property Rights are concerned, shall mean that those Intellectual Property Rights would be infringed if the Access Rights were not granted; (j)  "Needed" shall mean "technically essential" for the implementation of the Project and/or in respect of Use of Foreground and, where Intellectual Property Rights are concerned, shall mean that those Intellectual Property Rights would be infringed if the Access Rights were not granted; Amendment 62 Annex, Article 24, paragraph 3, point 3.2.1. 3.2.1.  Project participants in the same Project shall conclude among themselves a Project Agreement that shall govern, inter alia, the Access Rights to be granted in accordance with this Article. Project participants may define the Background needed for the purposes of the Project and, where appropriate, may agree to exclude specific Background. 3.2.1.  Project participants in the same Project shall conclude among themselves a Project Agreement that shall govern, inter alia, the Access Rights to be granted in accordance with this Article. Project participants may decide to grant broader Access Rights than required by this Article. Project participants may define the Background needed for the purposes of the Project and, where appropriate, may agree to exclude specific Background. Amendment 63 Annex, Article 24, paragraph 3, point 3.2.4. 3.2.4.  Participants in the same Project shall enjoy Access Rights to Background if this is needed for the Use of their own Foreground of that Project, provided that the owner of the Background is entitled to grant them. Such Access Rights shall be granted on a non-exclusive basis on fair, reasonable and non-discriminatory conditions. 3.2.4.  Participants in the same Project shall enjoy Access Rights to Background if this is needed for the Use of their own Foreground of that Project, provided that the owner of the Background is entitled to grant them. Such Access Rights shall be granted on a non-exclusive, non-transferable basis on fair, reasonable and non-discriminatory conditions. Amendment 65 Annex, Article 24, paragraph 3, point 3.4.1 3.4.1.  Where a participant transfers ownership of Foreground, it shall pass on its obligations regarding such Foreground to the transferee including the obligation to pass those obligations on to any subsequent transferee. These obligations shall include those relating to the granting of Access Rights, and dissemination and use. 3.4.1.  Where a participant transfers ownership of Foreground, it shall pass on its obligations regarding such Foreground to the transferee, in particular those relating to the granting of Access Rights and their dissemination and use. Upon any such transfer, the participant concerned shall notify the other participants in the same Project of the name and contact details of the transferee. Amendment 66 Annex, article 24, paragraph 3, point 3.4.2 3.4.2.  Subject to its obligations concerning confidentiality, where a Project participant is required to pass on its obligations to provide access rights, it shall give at least 45 days prior notice to the other participants of the envisaged transfer , together with sufficient information concerning the envisaged new owner of the Foreground to permit the other participants to exercise their access rights. Following notification, any other participant may object within 30 days or within a different time-limit agreed in writing, to any envisaged transfer of ownership on the grounds that it would adversely affect its access rights. Where any of the other participants demonstrate that their access rights would be adversely affected, the intended transfer shall not take place until agreement has been reached between participants concerned. deleted

(1) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1). (2) OJ C 139, 14.6.2006, p. 1.

European Parliament legislative resolution of 11 December 2007 on the proposal for a Council regulation setting up the ENIAC Joint Undertaking (COM(2007)0356 – C6-0275/2007 – 2007/0122(CNS))

P6_TA(2007)0589 A6-0486/2007

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0356),

–   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1) (Financial Regulation), and in particular Article 185 thereof,

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(2) (IIA), and in particular Point 47 thereof,

–   having regard to Articles 171 and 172 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0275/2007),

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

–   having regard to the report of the Committee on Industry, Research and Energy and the opinion of the Committee on Budgets (A6-0486/2007),

1.  Approves the Commission proposal as amended;

2.  Considers that the reference amount indicated in the legislative proposal must be compatible with the ceiling of heading 1a of the current multiannual financial framework 2007-2013 and with the provisions of Point 47 of the Interinstitutional Agreement (IIA) of 17 May 2006; notes that any financing beyond 2013 will be evaluated in the context of the negotiations for the next financial framework;

3.  Recalls that the opinion delivered by the Committee on Budgets does not pre-empt the outcome of the procedure laid down in Point 47 of the IIA of 17 May 2006 which applies to the setting up of the ENIAC Joint Undertaking;

4.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

5.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

6.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 8 (8)  The JTI on Nanoelectronics should create a sustainable public-private partnership and increase and leverage private and public investment in the sector of nanoelectronics in Europe, which for the purpose of this Regulation includes the Members States and Countries associated with the Seventh Framework Programme. The JTI on Nanoelectronics should also achieve effective coordination and synergy of resources and funding from the Framework Programme, industry, national R&D programmes and intergovernmental R&D schemes, thus contributing to strengthen Europe's future growth, competitiveness and sustainable development. Finally, its objective should be to foster collaboration between all stakeholders such as industry, national authorities, academic and research centres pulling together and focusing the research effort. (8)  The JTI on Nanoelectronics should create a sustainable public-private partnership and increase and leverage private and public investment in the sector of nanoelectronics in Europe, which for the purpose of this Regulation includes the Members States and Countries associated with the Seventh Framework Programme. The JTI on Nanoelectronics should also achieve effective coordination and synergy of resources and funding from the Framework Programme, industry, national R&D programmes and intergovernmental R&D schemes, thus contributing to strengthen Europe's future growth, competitiveness and sustainable development. Finally, its objective should be to foster collaboration between all stakeholders such as industry, including small and medium-sized enterprises (SMEs), national authorities, academic and research centres and by pulling together and focusing the research effort. Amendment 2 Recital 11 (11)  The ambition and scope of the stated objectives of the JTI on Nanoelectronics, the scale of the financial and technical resources that need to be mobilised, and the need to achieve effective coordination and synergy of resources and funding, call for action to be taken by the Community. Therefore, it is necessary to set up a Joint Undertaking (hereinafter the "ENIAC Joint Undertaking") under Article 171 of the Treaty as a legal entity responsible for the implementation of the JTI on Nanoelectronics. To ensure the appropriate management of R&D activities initiated under the Seventh Framework Programme, the ENIAC Joint Undertaking should be set up for a period ending on 31 December 2017, which may be extended. (11)  The ambition and scope of the stated objectives of the JTI on Nanoelectronics, the scale of the financial and technical resources that need to be mobilised, and the need to achieve effective coordination and synergy of resources and funding, call for action to be taken by the Community. Therefore, it is necessary to set up a Joint Undertaking (hereinafter the "ENIAC Joint Undertaking") under Article 171 of the Treaty as a legal entity responsible for the implementation of the JTI on Nanoelectronics. To ensure the appropriate management of R&D activities initiated under the Seventh Framework Programme, the ENIAC Joint Undertaking should be set up for a period ending on 31 December 2017. It should be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017. Amendment 3 Recital 12 (12)  The ENIAC Joint Undertaking should be a body set up by the Communities and discharge for the implementation of its budget should be given by the European Parliament, on the recommendation of the Council. However, account should be taken of the specificities resulting from the nature of JTIs as public-private partnerships and in particular from the private sector contribution to the budget. (12)  The ENIAC Joint Undertaking should be a body set up by the Communities and discharge for the implementation of its budget should be given by the European Parliament, taking into account a recommendation from the Council. Amendment 4 Recital 12 a (new) (12a)  The Community and public stakeholders should seek to recognise the opportunities presented by the Joint Technology Initiatives as new mechanisms for implementing public-private partnerships and work alongside private stakeholders to find a more efficient solution for the purpose of discharging the general budget of the European Union. Amendment 5 Recital 14 (14)  The objectives of the ENIAC Joint Undertaking should be pursued by pooling resources from the public and private sectors to support R&D activities in the form of projects. To that end, the ENIAC Joint Undertaking should be able to organise competitive calls for proposals for projects to implement parts of the Research Agenda. The R&D activities should respect fundamental ethical principles applicable in the Seventh Framework Programme. (14)  The objectives of the ENIAC Joint Undertaking should be pursued by pooling resources from the public and private sectors to support R&D and prototyping activities in the form of projects. To that end, the ENIAC Joint Undertaking should be able to organise competitive calls for proposals for projects to implement parts of the Research Agenda. The R&D activities should respect fundamental ethical principles applicable in the Seventh Framework Programme. Amendment 6 Recital 22 (22)  The need to ensure stable employment conditions and equal treatment of staff, and in order to attract specialised scientific and technical staff of the highest calibre, requires the application of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities, ("the Staff Regulation") to all staff recruited by the ENIAC Joint Undertaking. (22)  The need to ensure efficient operation of the ENIAC Joint Undertaking and to attract specialised scientific and technical staff of the highest calibre, requires that, in agreement with the Governing Board of the ENIAC Joint Undertaking, the Commission and the participating Member States may second as many officials as needed to the ENIAC Joint Undertaking and recruit the remaining staff needed by contract, taking into account the fact that staff costs should be kept low and the time for the setting up of the ENIAC Joint Undertaking short. Amendment 7 Recital 26 (26)  The ENIAC Joint Undertaking should adopt, subject to prior consent from the Commission, specific financial rules which take into account its specific operating needs arising, in particular, from the need to combine Community and national funding to support R&D activities in an efficient and timely manner. They should be based on the principles laid down in Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the budget of the European Communities1. (26)  The financial rules applicable to the ENIAC Joint Undertaking should not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities1, unless its specific operating needs so require, in particular the need to combine Community and national funding to support R&D activities in an efficient and timely manner. The prior consent of the Commission is required for the adoption of any rules which depart from Regulation (EC, Euratom) No 2343/2002. The budgetary authority should be informed of any such derogation. _____________________ 1 OJ L 357, 31.12.2002, p. 72. _____________________ 1 OJ L 357, 31.12.2002, p. 72. Corrigendum in OJ L 2, 7.1.2003, p. 39. Amendment 8 Article 1, paragraph 1 1.  For the implementation of the Joint Technology Initiative (hereinafter JTI) on Nanoelectronics, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter the "ENIAC Joint Undertaking") is hereby set up for a period ending on 31 December 2017. This period may be extended by a revision of this Regulation. 1.  For the implementation of the Joint Technology Initiative (hereinafter JTI) on Nanoelectronics, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter the "ENIAC Joint Undertaking") is hereby set up for a period ending on 31 December 2017. It shall be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017. The ENIAC Joint Undertaking is a body as referred to in Article 185 of the Financial Regulation and Point 47 of the IIA of 17 May 2006. Amendment 9 Article 2, point (b) (b) support the activities required for the implementation of the Research Agenda (hereinafter R&D activities), notably by awarding funding to participants in selected projects following competitive calls for proposals; (b) support the activities required for the implementation of the Research Agenda (hereinafter R&D activities), notably by awarding funding to participants in selected projects following competitive calls for proposals for R&D and prototyping activities; Amendment 10 Article 2, point (c) (c) promote a public-private partnership aiming at mobilising and pooling Community, national and private efforts, increasing overall R&D investments in the field of Nanoelectronics, and fostering collaboration between the public and private sectors; (c) promote a public-private partnership aiming at mobilising and pooling Community, national and private efforts, increasing overall R&D investments in the field of Nanoelectronics, fostering collaboration between the public and private sectors and creating synergies among stakeholders in the Nanoelectronics industry, including corporate actors, SMEs and R&D institutes; Amendment 11 Article 2, point (d) (d) ensure the efficiency and durability of the JTI on Nanoelectronics; deleted Amendment 12 Article 3, paragraph 2, point (b) (b) any non-EU, non-candidate and non-associated country (hereinafter "Third Country") pursuing R&D policies or programmes in the area of Nanoelectronics; deleted Amendment 13 Article 4, paragraph 2, point (b) (b) a financial contribution from the Community of up to EUR 10 million; (b) a financial contribution from the Community of up to EUR 10 million, payable in instalments of up to EUR 1,5 million per annum or a sum equal to50% of the contribution from AENEAS, whichever figure is lower; any part of this contribution not spent during the current year shall be made available in the following years for the R&D activities; Amendment 14 Article 4, paragraph 3, point (a) (a) a financial contribution from the Community of up to EUR 440 million to finance Projects; (a) a financial contribution from the Community of up to EUR 440 million to finance Projects, which may be increased by any unspent part of the contribution from the Community towards running costs, as provided for in paragraph 2(b); Amendment 15 Article 6, title and paragraph 1 Financial Regulation 1.  The ENIAC Joint Undertaking shall adopt specific financial rules based on the principles of the Regulation (EC, Euratom) No2343/2002. They may depart from that regulation where the specific operating needs of the ENIAC Joint Undertaking so require and subject to prior consent from the Commission. Financial rules 1.  The financial rules applicable to the ENIAC Joint Undertaking shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require and subject to the prior consent of the Commission. The budgetary authority shall be informed of any such derogation. Amendment 16 Article 8, paragraph 2 a (new) 2a.  The Commission and the Member States may, in agreement with the Governing Board, second a number of officials to the ENIAC Joint Undertaking. Amendment 17 Article 8, paragraph 3 3.  The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures, in accordance with provisions provided for in article 110 of the Staff Regulations of Officials of the European Communities, and the Conditions of Employment of Other Servants of the European Communities. 3.  The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures regarding the secondment of officials of the European Communities and participant Member States and the employment of additional staff. Amendment 18 Article 10, paragraph 1 a (new) 1a.  The ENIAC Joint Undertaking shall be solely responsible for meeting its obligations. Amendment 19 Article 10, paragraph 1 b (new) 1b.  The ENIAC Joint Undertaking shall not be responsible for meeting the financial obligations of its Members. It shall not be liable for any ENIAC Member State failing to meet its obligations resulting from calls for proposals launched by the ENIAC Joint Undertaking. Amendment 20 Article 10, paragraph 1 c (new) 1c.  The Members shall not be liable for any of the ENIAC Joint Undertaking's obligations. The financial liability of the Members shall be an internal liability towards the ENIAC Joint Undertaking only, limited to their commitment to contribute to the resources as set out in Article 4. Amendment 21 Article 12, paragraph 2 2.  No later than 31 December 2010 and 31 December 2015, the Commission shall conduct interim evaluations of the ENIAC Joint Undertaking with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the ENIAC Joint Undertaking and progress towards the objectives set. The Commission shall communicate the conclusions thereof, accompanied by its observations to the European Parliament and the Council. 2.  No later than 31 December 2011 the Commission shall present an evaluation of the ENIAC Joint Undertaking prepared with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the ENIAC Joint Undertaking and progress towards the objectives set. The Commission shall communicate the conclusions thereof, accompanied by its observations to the European Parliament and the Council. The results of the evaluation shall be taken into consideration so as to reorient, if necessary, the Research Agenda. Amendment 22 Article 12, paragraph 4 4.  Discharge for the implementation of the budget of the ENIAC Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for in the financial rules of the ENIAC Joint Undertaking. 4.  Discharge for the implementation of the budget of the ENIAC Joint Undertaking shall be given by the European Parliament, taking into account a recommendation from the Council. Amendment 23 Article 16 The Commission and AENEAS shall take all necessary preparatory actions for the setting up of the ENIAC Joint Undertaking until its bodies are fully operational. The Commission and AENEAS shall take all necessary preparatory actions for the setting up of the ENIAC Joint Undertaking until its bodies are fully operational and shall ensure that the ENIAC Joint Undertaking is fully operational within three months of the entry into force of this Regulation. Amendment 24 Article 17 A host agreement shall be concluded between the ENIAC Joint Undertaking and Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the ENIAC Joint Undertaking. A host agreement shall be concluded between the ENIAC Joint Undertaking and Belgium concerning the assistance with regard to office accommodation, privileges and immunities and other support to be provided by Belgium to the ENIAC Joint Undertaking. Amendment 25 Article 18 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall expire on 31 December 2017. Amendment 26 Annex, Article 1, paragraph 3 3.  The ENIAC Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Communities for a period ending on 31 December 2017. 3.  The ENIAC Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Union for a period ending on 31 December 2017. It shall be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017. Amendment 28 Annex, Article 1, paragraph 4 4.  This period may be extended by amending these Statutes in accordance with the provisions of Article 22, taking into account the progress made towards achieving the objectives of the ENIAC Joint Undertaking and provided that financial sustainability is ensured. deleted Amendment 27 Annex, Article 1, paragraph 5 a (new) 5a.  The ENIAC Joint Undertaking is a body as referred to in Article 185 of the Financial Regulation and Point 47 of the IIA of 17 May 2006. Amendment 29 Annex, Article 2, paragraph 1, point (c) (c) promote a public-private partnership aiming at mobilising and pooling Community, national and private efforts, increasing overall R&D investments in the field of Nanoelectronics, and fostering collaboration between the public and private sectors; (c) promote a public-private partnership aiming at mobilising and pooling Community, national and private efforts, increasing overall R&D investments in the field of Nanoelectronics, fostering collaboration between the public and private sectors and creating synergies among all the Nanoelectronics industry's stakeholders, including corporate actors, SMEs and R&D institutes; Amendment 30 Annex, Article 2, paragraph 1, point (d) (d) ensure the efficiency and durability of the JTI on Nanoelectronics; deleted Amendment 31 Annex, Article 2, paragraph 2, point (e a) (new) (ea) to ensure the participation of SMEs in order to enable at least 15% of available funding to be granted to them. Amendment 32 Annex, Article 2, paragraph 2, point (g) (g) to manage communication and dissemination of the activities of the ENIAC Joint Undertaking subject to confidentiality obligations; (g) to manage communication and dissemination of the activities of the ENIAC Joint Undertaking subject to confidentiality obligations, with special emphasis on communication and dissemination to SMEs and research centres; Amendment 33 Annex, Article 2, paragraph 2, point (h) (h) to publish information on the Projects, including the name of the participants and the amount of the financial contribution of the ENIAC Joint Undertaking; (h) to publish information on the Projects, including the names of the participants, the amount of the financial contribution per participant of the ENIAC Joint Undertaking and information on the participation of SMEs; Amendment 34 Annex, Article 3, paragraph 2, point (b) (b) any non-EU, non-candidate and non-associated country (hereinafter "Third Country") pursuing R&D policies or programmes in the area of Nanoelectronics; deleted Amendment 35 Annex, Article 4, paragraph 3 3.  Any application for membership of the ENIAC Joint Undertaking by Third Countries shall be considered by the Governing Board, which shall make a recommendation to the Commission. The Commission may make a proposal to amend this Regulation on the accession of the Third Country, subject to the successful completion of negotiations with the ENIAC Joint Undertaking. deleted Amendment 36 Annex, Article 4, paragraph 4 4.  Decisions of the Governing Board on accession of any other legal entity or recommendations of the Governing Board on the accession of Third Countries shall be made taking into account the relevance and potential added value of the applicant for the achievement of the objectives of the ENIAC Joint Undertaking. 4.  Decisions of the Governing Board on the accession of any other legal entity shall be made taking into account the relevance and potential added value of the applicant for the achievement of the objectives of the ENIAC Joint Undertaking. Amendment 37 Annex, Article 4, paragraph 5 5.  Any Member may withdraw from the ENIAC Joint Undertaking. Withdrawal shall become effective and irrevocable six months after notification to the other Members following which the former Member shall be discharged from any obligations other than those already existing previous to its withdrawal. 5.  Any Member may withdraw from the ENIAC Joint Undertaking. Withdrawal shall become effective and irrevocable six months after notification to the other Members following which the former Member shall be discharged from any obligations other than those already undertaken through decisions of the ENIAC Joint Undertaking in accordance with these Statutes prior to the Member's withdrawal. Amendment 38 Annex, Article 6, paragraph 1, point (g) (g)  Decisions shall be adopted by a majority of at least 75% of votes unless otherwise explicitly stated in these Statutes. The Community shall hold a veto right on all decisions taken by this Board relating to the use of its financial contribution, the methodology for assessing the in-kind contributions, any amendments to these Statutes and the Financial Regulation of the ENIAC Joint Undertaking. (g)  Decisions shall be adopted by a majority of at least 75% of votes unless otherwise explicitly stated in these Statutes. The Community shall hold a veto right on all decisions taken by this Board relating to the use of its financial contribution, the methodology for assessing the in-kind contributions, any amendments to these Statutes and the financial rules of the ENIAC Joint Undertaking. Amendment 39 Annex, Article 6, paragraph 2, point (c) (c) approve the Financial Regulation of the ENIAC Joint Undertaking according to Article 12 of these Statutes; (c) approve the financial rules of the ENIAC Joint Undertaking according to Article 12 of these Statutes, after consulting the Commission; Amendment 40 Annex, Article 7, paragraph 1, point (f a) (new) (fa)  The Public Authorities Board may allow other Member States which are not ENIAC Member States to participate in its activities as observers. Amendment 41 Annex, Article 7, paragraph 3, point (b) (b)  The Public Authorities Board shall elect its Chairperson. (b)  The Public Authorities Board shall elect its Chairperson every two years. Amendment 42 Annex, Article 9, paragraph 2 2.  The Executive Director shall be appointed by the Governing Board from a list of candidates proposed by the Commission, for a period of up to three years. After an evaluation of the Executive Director's performance, the Board may extend the term of office once for a further period of not more than four years. 2.  The Executive Director shall be appointed by the Governing Board on the basis of a list of candidates proposed by the Commission following a call for expression of interest published in the Official Journal of the European Union, on the internet and in the press in all the Member States of the European Union, for a period of up to three years. After an evaluation of the Executive Director's performance, the Board may extend the term of office for a further period of not more than three years, following which a call for expression of interest shall be published in the same way. Amendment 43 Annex, Article 9, paragraph 3, point (k) (k) to carry out financial audits, directly or through the national public authorities, on Project participants as necessary, in compliance with the Financial Regulation of the ENIAC Joint Undertaking; (k) to carry out financial audits, directly or through the national public authorities, on Project participants as necessary, in compliance with the financial rules of the ENIAC Joint Undertaking; Amendment 44 Annex, Article 9, paragraph 4, point (f) (f) managing invitations to tender for ENIAC Joint Undertaking goods/services requirements according to the Financial Regulation of the ENIAC Joint Undertaking. (f) managing invitations to tender for ENIAC Joint Undertaking goods/services requirements according to the financial rules of the ENIAC Joint Undertaking. Amendment 45 Annex, Article 9, paragraph 5 5.  Non-financial tasks of the Secretariat may be contracted by the ENIAC Joint Undertaking to external service providers. Such contracts shall be established in accordance with the provisions of the Financial Regulation of the ENIAC Joint Undertaking. 5.  Non-financial tasks of the Secretariat may be contracted by the ENIAC Joint Undertaking to external service providers. Such contracts shall be established in accordance with the provisions of the financial rules of the ENIAC Joint Undertaking. Amendment 46 Annex, Article 10, paragraph 5, point (c) (c) in-kind contributions by R&D organisations participating in Projects which shall bear their share of the necessary cost of carrying out the Projects. Their overall contribution over the duration of the ENIAC Joint Undertaking shall be equal to or greater than the contribution of public authorities. (c) in-kind contributions which shall be subject to an evaluation of their value and relevance to the activities of the ENIAC Joint Undertaking and to acceptance by the Governing Board. The procedure for evaluation of contributions in kind shall be adopted by the Governing Board and be based on the following principles: – the overall approach will be based on the Seventh Framework Programme modus operandi, where contributions in kind to projects are assessed at review level; – the implementing rules of the ENIAC Joint Undertaking financial rules will be used as a guideline; – additional items will be covered by International Accounting Standards; – assessment of contributions will be carried out in accordance with the costs generally accepted on the market in question (Article 172(2)(b) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities*). Verification shall be carried out by an independent auditor. _____________________ * OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13). Amendment 47 Annex, Article 10, paragraph 7 7.  Should any Member of the ENIAC Joint Undertaking be in default of its commitments concerning its agreed financial contribution to the ENIAC Joint Undertaking, the Executive Director shall convene a meeting of the Governing Board to decide whether the remaining Members should revoke the defaulting Member's membership or if any other measures should be taken until its obligations have been met. 7.  Should any Member of the ENIAC Joint Undertaking be in default of its commitments concerning its agreed financial contribution to the ENIAC Joint Undertaking, the Executive Director shall notify such Member in writing thereof and shall set a reasonable period in which such default may be remedied. If the default has not been remedied within such period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting Member's membership should be revoked or if any other measures should be taken until its obligations have been met. Amendment 48 Annex, Article 12 Financial Regulation 1.  The Financial Regulation of the ENIAC Joint Undertaking shall be adopted by the Governing Board. Financial rules 1.  The financial rules of the ENIAC Joint Undertaking shall be adopted by the Governing Board after consulting the Commission. 2.  The Financial Regulation shall be based on the principles of the Framework Financial Regulation and shall include provisions for the planning and implementation of the budget of the ENIAC Joint Undertaking. The Financial Regulation may depart from the Framework Financial Regulation where the specific operating needs of the ENIAC Joint Undertaking so require and subject to prior consent from the Commission. 2.  The ENIAC Joint Undertaking's financial rules shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require and subject to the prior consent of the Commission. The budgetary authority shall be informed of any such derogation. 3.  Discharge for the implementation of the budget of the ENIAC Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure that shall be provided for by the Financial Regulation of the ENIAC Joint Undertaking. 3.  Discharge for the implementation of the budget of the ENIAC Joint Undertaking shall be given by the European Parliament, taking into account a recommendation from the Council. Amendment 49 Annex, Article 13, paragraph 1 1.  The Multiannual Strategic Plan shall specify the strategy and plans for achieving the objectives of the ENIAC Joint Undertaking, including the Research Agenda. 1.  The Multiannual Strategic Plan shall specify the strategy and plans for achieving the objectives of the ENIAC Joint Undertaking, including the Research Agenda. Once approved by the Governing Board, the Multiannual Strategic Plan shall be made public. Amendment 50 Annex, Article 13, paragraph 2 2.  The Annual Work Programme shall describe the scope and budget of calls for proposals needed to implement the Research Agenda for a particular year. 2.  The Annual Work Programme shall describe the scope and budget of calls for proposals needed to implement the Research Agenda for a particular year. Once approved by the Governing Board, the Annual Work Programme shall be made public. Amendment 51 Annex, Article 13, paragraph 3 3.  The Annual Implementation Plan shall specify the plan for the execution of all the activities of the ENIAC Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through Calls for tenders. The Annual Implementation Plan shall be presented by the Executive Director to the Governing Board together with the Annual Budget Plan. 3.  The Annual Implementation Plan shall specify the plan for the execution of all the activities of the ENIAC Joint Undertaking for a particular year, including planned calls for proposals and actions needing to be implemented through Calls for tenders. The Annual Implementation Plan shall be presented by the Executive Director to the Governing Board together with the Annual Budget Plan. Once approved by the Governing Board, the Annual Implementation Plan shall be made public. Amendment 52 Annex, Article 13, paragraph 5, subparagraph 2 The Annual Activity Report shall be presented by the Executive Director together with the Annual Accounts and balance sheets. The Annual Activity Report shall be presented by the Executive Director together with the Annual Accounts and balance sheets. The Annual Activity Report shall identify the participation of SMEs in the ENIAC Joint Undertaking and in the R&D activities. Amendment 53 Annex, Article 13, paragraph 6 6.  Within two months after the end of each financial year the provisional accounts of the Joint Undertaking shall be submitted to the Commission and the Court of Auditors of the European Communities ('the Court of Auditors'). The Court of Auditors shall, by 15 June after the end of each financial year, make its observations on the provisional accounts of the Joint Undertaking. 6.  Within two months after the end of each financial year the provisional accounts of the Joint Undertaking shall be submitted to the Commission and the Court of Auditors of the European Communities ('the Court of Auditors') and to the budgetary authority. The Court of Auditors shall, by 15 June after the end of each financial year, make its observations on the provisional accounts of the Joint Undertaking. Amendment 54 Annex, Article 14, paragraph 3 3.  In order to enable the implementation of Projects and the granting of public funds, the ENIAC Joint Undertaking shall establish administrative arrangements with the national entities designated by the ENIAC Member States for that purpose, in line with the Financial Regulation of the ENIAC Joint Undertaking. 3.  In order to enable the implementation of Projects and the granting of public funds, the ENIAC Joint Undertaking shall establish administrative arrangements with the national entities designated by the ENIAC Member States for that purpose, in line with the financial rules of the ENIAC Joint Undertaking. Amendment 55 Annex, Article 15, paragraph 4, point (a) (a)  Calls for proposals launched by the ENIAC Joint Undertaking shall be open to participants established in ENIAC Member States and in any other Member State of the European Union or Associated Country. a)  Calls for proposals launched by the ENIAC Joint Undertaking shall be open to participants established in ENIAC Member States and in any other Member State of the European Union or Associated Country. Calls for proposals shall be made public to the greatest extent possible, including on the internet and in the press in all Member States of the European Union. Amendment 56 Annex, Article 17, paragraph 1 1.  The staff resources shall be determined in an establishment plan to be set out in the Annual Budget Plan. 1.  The staff resources shall be determined in an establishment plan to be set out in the Annual Budget Plan and to be forwarded by the Commission to the European Parliament and the Council together with the preliminary draft budget of the European Union. Amendment 57 Annex, Article 17, paragraph 2 2.  The members of the staff of the ENIAC Joint Undertaking shall be temporary agents and contract agents and shall have fixed-term contracts extendable once up to a maximum total period of seven years. 2.  The members of the staff of the ENIAC Joint Undertaking shall be temporary agents and contract agents and shall have fixed-term contracts extendable twice up to a maximum total period of ten years. Furthermore, the Commission may, in agreement with the Government Board, second officials to the ENIAC Joint Undertaking. Amendment 58 Annex, Article 21, paragraph 5 5.  When any physical asset has been dealt with as provided for in paragraph 4, any further assets shall be used to cover the liabilities of the ENIAC Joint Undertaking and the costs relating to its winding-up. Any surplus or deficit shall be distributed among or met by the Members existing at the time of the winding-up in proportion to their actual contribution to the ENIAC Joint Undertaking. 5.  When any physical asset has been dealt with as provided for in paragraph 4, any further assets shall be used to cover the liabilities of the ENIAC Joint Undertaking and the costs relating to its winding-up. Any surplus shall be distributed among the Members existing at the time of the winding-up in proportion to their actual contribution to the ENIAC Joint Undertaking. Amendment 59 Annex, Article 22, paragraph 3 3.  Proposals for amendments to the Statutes shall be approved by the Governing Board according to the provisions of Article 6 and submitted to the Commission for decision. 3.  Proposals for amendments to the Statutes shall be approved by the Governing Board according to the provisions of Article 6 and submitted to the Commission for decision after consulting the European Parliament. Amendment 61 Annex, Article 23, paragraph 2, point (i) (i)  "Access Right" shall mean non-exclusive licences and user rights to Foreground or Background, which rights shall not include the right to sublicense unless otherwise agreed upon in the Project Agreement; (i)  "Access Right" shall mean non-exclusive licenses and user rights to Foreground or Background to be granted under Project Agreements, which rights shall not include the right to sublicense unless otherwise agreed upon in the Project Agreement; Amendment 62 Annex, Article 23, paragraph 3, subparagraph 3.2.1 3.2.1.  Project participants in the same Project shall conclude among themselves a Project Agreement that shall govern, inter alia, the Access Rights to be granted in accordance with this Article. Project participants may define the Background needed for the purposes of the Project and, where appropriate, may agree to exclude specific Background. 3.2.1.  Project participants in the same Project shall conclude among themselves a Project Agreement that shall govern, inter alia, the Access Rights to be granted in accordance with this Article. Project participants may decide to grant broader Access Rights than required by this Article. Project participants may define the Background needed for the purposes of the Project and, where appropriate, may agree to exclude specific Background. Amendment 63 Annex, Article 23, paragraph 3, subparagraph 3.2.4 3.2.4.  Participants in the same Project shall enjoy Access Rights to Background if this is needed for the Use of their own Foreground of that Project, provided that the owner of the Background is entitled to grant them. Such Access Rights shall be granted on a non-exclusive basis on fair, reasonable and non-discriminatory conditions. 3.2.4.  Participants in the same Project shall enjoy Access Rights to Background if this is needed for the Use of their own Foreground of that Project, provided that the owner of the Background is entitled to grant them. Such Access Rights shall be granted on a non-exclusive and non-transferable basis on fair, reasonable and non-discriminatory conditions. Amendment 64 Annex, Article 23, paragraph 3, subparagraph 3.3.1 3.3.1.  Where Foreground is capable of being profitably exploited, its owner (i) shall provide for its appropriate and effective protection, having due regard to its legitimate interests, particularly commercial interests, and those of the other participants in the Project concerned and (ii) shall use it or ensure that it is used. 3.3.1.  Where Foreground is capable of being profitably exploited, its owner (i) shall provide for its appropriate and effective protection, and (ii) shall use it, or license its use either royalty-free or on fair, reasonable and non-discriminatory terms, having due regard to its legitimate interests, particularly commercial interests, and those of the other participants in the Project concerned. Amendment 65 Annex, Article 23, paragraph 3, subparagraph 3.4.1 3.4.1.  Where a participant transfers ownership of Foreground, it shall pass on its obligations regarding such Foreground to the transferee including the obligation to pass those obligations on to any subsequent transferee. These obligations shall include those relating to the granting of Access Rights, and dissemination and use. 3.4.1.  Where a participant transfers ownership of Foreground, it shall pass on its obligations regarding such Foreground to the transferee including the obligation to pass those obligations on to any subsequent transferee. These obligations shall include those relating to the granting of Access Rights, and dissemination and use. In the event of such a transfer, the participant concerned shall notify in advance the other participants in the same Project of the name and contact details of the transferee. Amendment 66 Annex, Article 23, paragraph 3, subparagraph 3.4.2 3.4.2.  Subject to its obligations concerning confidentiality, where a Project participant is required to pass on its obligations to provide access rights, it shall give at least 45 days prior notice to the other participants of the envisaged transfer , together with sufficient information concerning the envisaged new owner of the Foreground to permit the other participants to exercise their access rights. Following notification, any other participant may object within 30 days or within a different time-limit agreed in writing, to any envisaged transfer of ownership on the grounds that it would adversely affect its access rights. Where any of the other participants demonstrate that their access rights would be adversely affected, the intended transfer shall not take place until agreement has been reached between participants concerned. deleted

(1) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1). (2) OJ C 139, 14.6.2006, p. 1.

European Parliament legislative resolution of 11 December 2007 on the proposal for a Council regulation setting up the Innovative Medicines Initiative Joint Undertaking (COM(2007)0241 – C6-0171/2007 – 2007/0089(CNS))

P6_TA(2007)0590 A6-0479/2007

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0241),

–   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1) (Financial Regulation), and in particular Article 185 thereof,

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(2)(IIA), and in particular Point 47 thereof,

–   having regard to Articles 171 and 172 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0171/2007),

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

–   having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Budgets and the Committee on the Environment, Public Health and Food Safety (A6-0479/2007),

1.  Approves the Commission proposal as amended;

2.  Considers that the reference amount indicated in the legislative proposal must be compatible with the ceiling of heading 1a of the current multiannual financial framework 2007-2013 and with the provisions of Point 47 of the Interinstitutional Agreement (IIA) of 17 May 2006; notes that any financing beyond 2013 will be evaluated in the context of the negotiations for the next financial framework;

3.  Recalls that the opinion delivered by the Committee on Budgets does not pre-empt the outcome of the procedure laid down in Point 47 of the IIA of 17 May 2006 which applies to the setting up of the Innovative Medicines Initiative Joint Undertaking;

4.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

5.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

6.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 10 (10)  The objective of the Joint Technology Initiative on "Innovative Medicines" should be to foster collaboration between all stakeholders such as industry, public authorities (including regulators), organisations of patients, academia and clinical centres. The Joint Technology Initiative on "Innovative Medicines" should define a commonly agreed research agenda (hereinafter referred to as "Research Agenda"), closely following the recommendations of the Strategic Research Agenda developed by the European Technology Platform on "Innovative Medicines". (10)  The objective of the Joint Technology Initiative on "Innovative Medicines" should be to foster collaboration between all stakeholders such as industry, including small and medium-sized enterprises (SMEs), public authorities (including regulators), organisations of patients, academia and clinical centres. The Joint Technology Initiative on "Innovative Medicines" should define a commonly agreed research agenda (hereinafter referred to as "Research Agenda"), closely following the recommendations of the Strategic Research Agenda developed by the European Technology Platform on "Innovative Medicines". Amendment 2 Recital 11 (11)  The Joint Technology Initiative on "Innovative Medicines" should propose a coordinated approach to overcome identified research bottlenecks in the drug development process, and to support 'pre-competitive pharmaceutical research and development', in order to accelerate the development of safe and more effective medicines for patients. In the present context 'pre-competitive pharmaceutical research and development' should be understood as research on the tools and methodologies used in the drug development process. (11)  The Joint Technology Initiative on "Innovative Medicines" should propose a coordinated approach to overcome identified research bottlenecks in the drug development process, and to support 'pre-competitive pharmaceutical research and development', in order to accelerate the development of safe and more effective medicines for patients. In the present context 'pre-competitive pharmaceutical research and development' should be understood as research into the tools and methodologies used in the drug development process generally, rather than in the process of developing any particular drug. Intellectual property arising under a Joint Technology Initiative on "Innovative Medicines" project should be licensed to third parties on fair and reasonable terms. Amendment 3 Recital 13 a (new) (13a)  In pursuit of the objectives of the Specific Programme Cooperation, the IMI Joint Undertaking should make provision for boosting SME participation, inter alia by improving administrative procedures, taking their requirements more fully into account and deploying support measures. Amendment 4 Recital 13 b (new) (13b)  In pursuit of the objectives of Council Decision 2006/974/EC of 19 December 2006 on the Specific Programme: Capacities implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013)1, the IMI Joint Undertaking should be attuned to investment in research for the benefit of SMEs and to enhancing their capacity for innovation and their ability to exploit the results of research. ____________________ 1OJ L 400, 30.12.2006, p. 298, corrigendum in OJ L 54, 22.2.2007, p. 101.. Amendment 5 Recital 14 (14)  The IMI Joint Undertaking should be set up for an initial period ending on 31 December 2017 to ensure the appropriate management of research activities initiated but not concluded during the Seventh Framework Programme (2007-2013). (14)  The IMI Joint Undertaking should be set up for an initial period ending on 31 December 2013. To ensure the appropriate management of research activities initiated but not concluded during the Seventh Framework Programme (2007-2013), work in progress should continue until 31 December 2017, if necessary. Amendment 6 Recital 16 (16)  The IMI Joint Undertaking should be a body set up by the Communities and discharge for the implementation of its budget should be given by the European Parliament, on the recommendation of the Council, taking however into account the specificities resulting from the nature of JTIs as public-private partnerships and in particular from the private sector contribution to the budget. (16)  The IMI Joint Undertaking should be a body set up by the Communities and discharge for the implementation of its budget should be given by the European Parliament, taking into account a recommendation from the Council. Amendment 7 Recital 17 (17)  Founding members of the IMI Joint Undertaking should be the European Community and EFPIA. (17)  The founding members of the IMI Joint Undertaking are the European Community and EFPIA. Amendment 8 Recital 26 (26)  The research based pharmaceutical companies that are full members of EFPIA activities shall not be eligible to receive support from the IMI Joint Undertaking. (26)  The research based pharmaceutical companies that are full members of EFPIA activities shall not be eligible to receive direct or indirect support from the IMI Joint Undertaking. Amendment 9 Recital 27 (27)  The IMI Joint Undertaking should have, subject to prior consultation with the Commission, a distinct Financial Regulation based on the principles of the framework financial regulation1 which takes into account its specific operating needs arising, in particular, from the need to combine Community and private funding to support research and development activities in an efficient and timely manner. _______________________ 1 Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the budget of the European Communities, OJ L 357, 31.12.2002, p. 72; corrigendum in OJ L 2, 7.1.2003, p. 39. (27)  The financial rules applicable to the IMI Joint Undertaking should not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities1, unless its specific operating needs so require, in particular the need to combine Community and private funding to support research and development activities in an efficient and timely manner. The prior consent of the Commission is required for the adoption of any rules which depart from Regulation (EC, Euratom) No 2343/2002. The budgetary authority should be informed of any such derogation. _______________________ 1 OJ L 357, 31.12.2002, p. 72. Corrigendum in OJ L 2, 7.1.2003, p. 39. Amendment 10 Recital 28 (28)  The need to ensure stable employment conditions and equal treatment of staff, and in order to attract specialised scientific and technical staff of the highest calibre, requires the application of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities, ("the Staff Regulation") to all staff recruited by the IMI Joint Undertaking. (28)  The requirement to ensure stable employment conditions and equal treatment of staff, and the need for specialised scientific and technical staff of the highest calibre, call for a degree of flexibility in the recruitment of staff for the IMI Joint Undertaking. The partnership should be balanced and each of the Founding Members should be in a position to recruit staff. The Commission should thus be free to second as many officials as it regards necessary to the IMI Joint Undertaking and the latter to recruit staff on a contractual basis in accordance with the employment law in force in the state where it has its seat. Amendment 11 Recital 33 (33)  The IMI Joint Undertaking should be established in Brussels, Belgium. A host agreement should be concluded between the IMI Joint Undertaking and Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the IMI Joint Undertaking. (33)  The IMI Joint Undertaking should be established in Brussels, Belgium. A host agreement should be concluded between the IMI Joint Undertaking and Belgium concerning the assistance with regard to office accommodation, privileges and immunities and other support to be provided by Belgium to the IMI Joint Undertaking. Amendment 12 Article 1, paragraph 1 1.  For the implementation of the Joint Technology Initiative on Innovative Medicines, a Joint Undertaking is hereby set up for a period ending on 31 December 2017 (hereinafter referred to as "IMI Joint Undertaking"). This period may be extended by the Council. 1.  For the implementation of the Joint Technology Initiative on Innovative Medicines, a Joint Undertaking is hereby set up for a period ending on 31 December 2013 (hereinafter referred to as "IMI Joint Undertaking"). Work in progress may nonetheless continue until 31 December 2017. The IMI Joint Undertaking is a body as referred to in Article 185 of the Financial Regulation and Point 47 of the IIA of 17 May 2006. Amendment 13 Article 3, point (b) (b) support the implementation of the research priorities as set out by the Research Agenda of the Joint Technology Initiative on "Innovative Medicines" (hereinafter referred to as "Research Activities"), notably by awarding grants following competitive calls for proposals; (b) support the implementation of the research priorities as set out by the Research Agenda of the Joint Technology Initiative on "Innovative Medicines" (hereinafter referred to as "Research Activities"), notably by awarding grants following competitive calls for proposals relating to research to be carried out exclusively in the Member States and the countries associated with the Seventh Framework Programme; Amendment 14 Article 6, paragraph 2 2.  The running costs of the IMI Joint Undertaking shall be financed by its Members. The Community and EFPIA shall contribute in equal part to such running costs. 2.  The running costs of the IMI Joint Undertaking shall be financed by its Members. The Community and EFPIA shall contribute in equal part to such running costs. The running costs shall not exceed 4% of the total budget of the IMI Joint Undertaking. Amendment 15 Article 7, point (a) (a) micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC; (a) micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC, in accordance with the specific objectives set for them in the Seventh Framework Programme; Amendment 16 Article 7, point (g) (g) qualified non-profit patients organisations. (g) legally established non-profit patients' organisations. Amendment 17 Article 8, title and paragraph 1 Financial Regulation Financial rules 1.  The IMI Joint Undertaking's Financial Regulation shall be based on the principles of the Framework Financial Regulation. It may depart from the Framework Financial Regulation where the specific operating needs of the IMI Joint Undertaking so require and subject to prior consultation with the Commission. 1.  The financial rules applicable to the IMI Joint Undertaking shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require and subject to the prior consent of the Commission. The budgetary authority shall be informed of any such derogation. Amendment 18 Article 8, paragraph 2 a (new) 2a.  The IMI Joint Undertaking may appoint an external auditor in order to verify the fairness and accuracy of the annual accounts drawn up by the IMI Joint Undertaking. Amendment 19 Article 8, paragraph 2 b (new) 2b.  The external auditor shall be responsible for ensuring satisfactory scrutiny of the annual accounts and the evaluation of the contributions made by the members and by the participants in the research projects. Amendment 21 Article 8, paragraph 2 c (new) 2c.  The IMI Joint Undertaking may make use of ad hoc external audits. Amendment 22 Article 8, paragraph 2 d (new) 2d.  The European Parliament shall be entitled to scrutinise the annual accounts of the IMI Joint Undertaking. Amendment 23 Article 9, paragraph 1 1.  The Staff Regulations of Officials of the European Communities, the Conditions of Employment of Other Servants of the European Communities and the rules adopted jointly by the Eeuropean Community institutions for the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the IMI Joint undertaking and its Executive Director. 1.  The IMI Joint Undertaking shall rectuit its staff in accordance with applicable regulations of the host country. The Commission may second to the IMI Joint Undertaking as many officials as may be needed. Amendment 24 Article 9, paragraph 2 2.  In respect of its staff, the IMI Joint Undertaking shall exercise the powers conferred on the appointing authority by the Staff Regulations of Officials of the European Communities and on the authority empowered to conclude contracts by the Conditions of Employment of Other Servants of the European Communities. deleted Amendment 25 Article 9, paragraph 3 3.  The IMI Joint Undertaking shall, in agreement with the Commission, adopt the necessary implementing measures, in accordance with arrangements provided for in article 110 of the Staff Regulations of Officials of the European Communities, and the Conditions of Employment of Other Servants of the European Communities. 3.  The IMI Joint Undertaking shall, in agreement with the Commission, adopt the necessary implementing measures concerning the secondment of officials of the European Communities. Amendment 26 Article 13, paragraph 1 1.  The Commission shall present to the European Parliament and to the Council an annual report on the progress achieved by the IMI Joint Undertaking. 1.  The Commission shall present to the European Parliament and to the Council an annual report covering, in particular, the progress achieved by the IMI Joint Undertaking. Amendment 27 Article 13, paragraph 2 2.  Two years after the establishment of the IMI Joint Undertaking, but in any case no later than 2010, the Commission shall conduct an interim evaluation of the IMI Joint Undertaking with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the IMI Joint Undertaking and progress towards the objectives set. The Commission shall communicate the conclusions thereof, accompanied by its observations to the European Parliament and to the Council. 2.  No later than 31 December 2011, the Commission shall present to the European Parliament and to the Council an interim evaluation of the IMI Joint Undertaking prepared with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the IMI Joint Undertaking and progress towards the objectives set. Amendment 28 Article 13, paragraph 3 3.  At the end of 2017, the Commission shall conduct a final evaluation of the IMI Joint Undertaking with the assistance of independent experts. The results of the final evaluation shall be presented the European Parliament and to the Council. 3.  By 31 December 2013 or, if work in progress continues beyond that date, by 31 December 2017, the Commission shall conduct a final evaluation of the IMI Joint Undertaking with the assistance of independent experts. The results of the final evaluation shall be presented to the European Parliament and the Council. Amendment 29 Article 13, paragraph 4 4.  Discharge for the implementation of the budget of the IMI Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for by the Financial Regulation of the IMI Joint Undertaking. 4.  Discharge for the implementation of the budget of the IMI Joint Undertaking shall be given by the European Parliament, taking into account a recommendation from the Council. Amendment 30 Article 16 The IMI Joint Undertaking shall adopt rules governing the use and dissemination of research results which ensure that, where appropriate, intellectual property generated in Research Activities under this Regulation is protected, and that research results are used and disseminated. The IMI Joint Undertaking shall adopt rules governing the use and dissemination of research results which ensure that, where appropriate, intellectual property generated in Research Activities under this Regulation is protected, and that research results are used and published by the IMI Joint Undertaking. Amendment 31 Article 18 A host agreement shall be concluded between the IMI Joint Undertaking and Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the IMI Joint Undertaking. A host agreement shall be concluded between the IMI Joint Undertaking and Belgium concerning the assistance with regard to office accommodation, privileges and immunities and other support to be provided by Belgium to the IMI Joint Undertaking. Amendment 32 Article 19, paragraph 1 This Regulation shall enter into force on the third day of its publication in the Official Journal of the European Union. This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union. Amendment 33 Annex, Article 1, paragraph 3 3.  The IMI Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Union for an initial period ending on 31 December 2017. 3.  The IMI Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Union for a period ending on 31 December 2013. Amendment 34 Annex, Article 1, paragraph 4 4.  The initial period may be extended by amending these Statutes in accordance with the provisions of Article 21, taking into account the progress made towards achieving the objectives of the IMI Joint Undertaking and provided that financial sustainability is ensured. deleted Amendment 36 Annex, Article 2, paragraph 2, point (i) (i) to organise an annual meeting, hereafter referred to as a Stakeholder Forum, with interest groups to ensure openness and transparency of the Research Activities of the IMI Joint Undertaking with its stakeholders. (i) to organise an annual meeting, hereafter referred to as a Stakeholder Forum, an open meeting for relevant organisations with an interest in biomedical research to provide feedback on IMI activities, with interest groups to ensure openness and transparency of the Research Activities of the IMI Joint Undertaking with its stakeholders. Amendment 35 Annex, Article 2, paragraph 2, point (k) (k) to publish information on the projects, including the name of the participants, and the amount of the financial contribution of the IMI Joint Undertaking. (k) to publish, inter alia on its website, information on the projects, including the name of the participants, and the amount of the financial contribution of the IMI Joint Undertaking. Amendment 37 Annex, Article 4 The bodies IMI Joint Undertaking shall be the Board, the Executive Office and the Scientific Committee. The bodies of the IMI Joint Undertaking shall be the Board, the Executive Director and the Scientific Committee. Amendment 38 Annex, Article 5, paragraph 1, point (b) (b) the voting right of any new Member shall be determined in proportion to its contribution towards the total contributions to the activities of the IMI Joint Undertaking; (b) the voting right of any new Member shall be determined in proportion to its contribution towards the total contributions to the activities of the IMI Joint Undertaking. However, the total number of votes held by new Members may not exceed the total number of votes held by the Founding Members; Amendment 39 Annex, Article 5, paragraph 1, point (c) (c) the vote of each Member shall be indivisible; (c) the vote of each Member shall be indivisible; there shall be no proxy voting; Amendment 40 Annex, Article 5, paragraph 2, point (c), indents 9 to 13 – approve the guidelines on evaluation and selection of project proposals as proposed by the Executive Office; – approve the guidelines on evaluation and selection of project proposals as proposed by the Executive Director; − approve the list of selected project proposals; − approve the list of selected project proposals; − appoint the Executive Director, provide guidance and direction to the Executive Director, monitor the Executive Director's performance and, if necessary, replace the Executive Director; − appoint the Executive Director, provide guidance and direction to the Executive Director, monitor the Executive Director's performance and, if necessary, replace the Executive Director; – approve the organisational structure of the Executive Office based on recommendations of the Executive Director; – approve the financial regulation of the IMI Joint Undertaking in accordance with Article 11; – approve the financial rules of the IMI Joint Undertaking in accordance with Article 11, after consulting the Commission; Amendment 41 Annex, Article 5, paragraph 3, subparagraph c a (new) (ca)  Three Members of the European Parliament may attend meetings as observers and shall be invited by the Board. Amendment 42 Annex, Article 5, paragraph 3 a (new) 3a.  The Board shall inform the Member States of decisions concerning the Research Agenda of the Joint Technology Initiative on "Innovative Medicines". Amendment 43 Annex, Article 6, title and paragraph 1 Executive Office Executive Director 1.  The Executive Office shall be composed of an Executive Director and supporting staff. Amendment 44 Annex, Article 6, paragraph 2, introductory part, points (a) to (d) and point (e), introductory part 2.  The tasks of the executive office are the following: 2.  The tasks of the Executive Director are the following: (a)  The Executive Office shall be in charge of the day-to-day management of the IMI Joint Undertaking; (b)  The Executive Office shall be responsible for the operational aspects of the IMI Joint Undertaking; (b)  The Executive Director, assisted by his secretariat, shall be responsible for the operational aspects of the IMI Joint Undertaking; (c)  The Executive Office shall be responsible for the communication activities related to the IMI Joint Undertaking; (c)  The Executive Director, assisted by his secretariat, shall be responsible for the communication activities related to the IMI Joint Undertaking; (d)  The Executive Office shall manage appropriately the public and private funds; (d)  The Executive Director, assisted by his secretariat, shall manage appropriately the public and private funds; (e)  The Executive Office shall in particular: (e)  The Executive Director, assisted by his secretariat, shall in particular: Amendment 45 Annex, Article 6, paragraph 2, point (e), indent 6 − prepare the annual budget proposal, including the staff establishment plan; − prepare the annual budget proposal, including the staff establishment plan, after consulting the Scientific Committee and the Stakeholder Forum; Amendment 46 Annex, Article 6, paragraph 7, point (g) (g) submit to the Board his/her proposal(s) concerning the organisation structure of the Executive Office and organise, direct and supervise the staff of the IMI Joint Undertaking; (g) direct and supervise the staff of the IMI Joint Undertaking; Amendment 47 Annex, Article 7, paragraph 1 The Scientific Committee is an advisory body to the Board and it shall conduct its activities in close liaison and with the support of the Executive Office. 1.  The Scientific Committee is an advisory body to the Board and it shall conduct its activities in close liaison and with the support of the Executive Director. Amendment 48 Annex, Article 7, paragraph 6, point (c) (c) advise the Board and the Executive Office on the scientific achievements described in the annual activity report;. (c) advise the Board and the Executive Director on the scientific achievements described in the annual activity report; Amendment 49 Annex, Article 8, paragraph 6 a (new) 6a.  The evaluation of proposals shall establish whether the funds requested are commensurate with the work involved in carrying out the project. Amendment 50 Annex, Article 11, title and paragraph 1 Financial Regulation Financial rules 1.  The IMI Joint Undertaking's financial regulation shall be agreed and adopted by the Board. 1.  The IMI Joint Undertaking's financial rules shall be adopted by the Board after consulting the Commission. Amendment 51 Annex, Article 11, paragraph 2 2.  The purpose of the financial regulation is to ensure the sound financial management of the IMI Joint Undertaking. 2.  The purpose of the financial rules is to ensure the sound financial management of the IMI Joint Undertaking. Amendment 52 Annex, Article 11, paragraph 3 3.  The IMI Joint Undertaking's Financial Regulation shall be based on the principles of the Framework Financial Regulation. It may depart from the Framework Financial Regulation where the specific operating needs of the IMI Joint Undertaking so require and subject to prior consultation with the Commission. 3.  The IMI Joint Undertaking's financial rules shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require and subject to the prior consent of the Commission. The budgetary authority shall be informed of any such derogation. Amendment 53 Annex, Article 12, paragraph 5 5.  The annual accounts and balance sheets for the preceding year shall be submitted to the Court of Auditors of the European Communities. An audit may be executed by the Court of Auditors in accordance with its standard procedures. 5.  The annual accounts and balance sheets for the preceding year shall be submitted to the Court of Auditors of the European Communities and to the budgetary authority. An audit may be executed by the Court of Auditors in accordance with its standard procedures. Amendment 54 Annex, Article 13, paragraph 2, subparagraph 1 a (new) The Executive Director shall present the annual activity report to the European Parliament. Amendment 55 Annex, Article 14, paragraph 1 1.  The staff resources shall be determined in the establishment plan to be set out in the annual budget. 1.  The staff resources shall be determined in the establishment plan to be set out in the annual budget and to be forwarded by the Commission to the European Parliament and the Council together with the preliminary draft general budget of the European Union. Amendment 56 Annex, Article 14, paragraph 2 2.  The members of the staff of the IMI Joint Undertaking shall be temporary agents and contract agents and shall have fixed term contracts extendable once up to a maximum total period of seven years. deleted Amendment 57 Annex, Article 17, paragraph 5, point (a) (a) micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC; (a) micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC, in accordance with the specific objectives set for them by the Seventh Framework Programme; Amendment 20 Annex, Article 17 a (new) Article 17a Scientific and financial reports Annual scientific and financial reports on the projects supported shall be submitted to the IMI Joint Undertaking by the participants. Such reports shall give details of the research activities carried out and the costs of such activities. Statements of expenditure shall be accompanied by an audit certificate. The external auditor shall examine the audit certificates and determine whether the in kind contributions match the contributions from public funds to the project. Amendment 59 Annex, Article 21, paragraph 2 2.  Amendment to these Statutes shall be approved by the Board. If such amendment affects the overall principals and objectives of these Statutes, in particular any amendment to Article 1, first indent of Article 5(2)(c), Article 8(3) and Article 21 shall be subject to approval by the Council based on a proposal by the Commission. 2.  Amendment to these Statutes shall be approved by the Board. If such amendment affects the overall principles and objectives of these Statutes, in particular any amendment to Article 1, the first indent of Article 5(2)(c), Article 8(3) and Article 21 shall be subject to approval by the Council based on a proposal by the Commission, and after consulting the European Parliament. Amendment 60 Annex, Article 22, paragraph 3, point (a) (a)  Each participant in a project shall remain the owner of the intellectual property that it introduces into a project, and shall remain the owner of the intellectual property that it generates in a project unless otherwise mutually agreed by the participants in a project. The terms and conditions of access rights and licenses with regard to the intellectual property introduced into or generated by participants in a project, shall be defined in the Grant Agreement and the Project Agreement of the project concerned. (a)  Each participant in a project shall remain the owner of the intellectual property that it introduces into a project, and shall remain the owner of the intellectual property that it generates in a project unless otherwise mutually agreed by the participants in a project. The terms and conditions of access rights and licenses with regard to the intellectual property introduced into or generated by participants in a project, shall be defined in the Grant Agreement and the Project Agreement of the project concerned. Project participants should establish any cases of co-ownership of intellectual property arising from projects. Amendment 61 Annex, Article 23 a (new) Article 23a Host Agreement A host agreement shall be concluded between the IMI Joint Undertaking and the Kingdom of Belgium.

(1) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1). (2) OJ C 139, 14.6.2006, p. 1.

European Parliament legislative resolution of 11 December 2007 on the proposal for a Council regulation setting up the Clean Sky Joint Undertaking (COM(2007)0315 – C6-0226/2007 – 2007/0118(CNS))

P6_TA(2007)0591 A6-0483/2007

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0315),

–   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1) (Financial Regulation), and in particular Article 185 thereof,

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(2) (IIA), and in particular Point 47 thereof,

–   having regard to Articles 171 and 172 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0226/2007),

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

–   having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on Budgets and the Committee on the Environment, Public Health and Food Safety (A6-0483/2007),

1.  Approves the Commission proposal as amended;

2.  Considers that the reference amount indicated in the legislative proposal must be compatible with the ceiling of heading 1a of the current multiannual financial framework 2007-2013 and with the provisions of Point 47 of the Interinstitutional Agreement (IIA) of 17 May 2006; notes that any financing beyond 2013 will be evaluated in the context of the negotiations for the next financial framework;

3.  Recalls that the opinion delivered by the Committee on Budgets does not pre-empt the outcome of the procedure laid down in Point 47 of the IIA of 17 May 2006 which applies to the setting up of the Clean Sky Joint Undertaking;

4.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

5.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

6.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Recital 12 (12)  The Clean Sky Joint Undertaking should be set up for an initial period ending on 31 December 2017 to ensure the appropriate management of research activities initiated but not concluded during the 7th Framework Programme (2007-2013). (12)  The Clean Sky Joint Undertaking should be set up for an initial period ending on 31 December 2017 to ensure the appropriate management of research activities initiated but not concluded during the Seventh Framework Programme (2007-2013), including the exploitation of the results of such research activities. Amendment 2 Recital 16 (16)  The Clean Sky Joint Undertaking should be a body set up by the Communities and discharge for the implementation of its budget should be given by the European Parliament, on the recommendation of the Council, taking however into account the specificities resulting from the nature of JTIs as public-private partnerships and in particular from the private sector contribution to the budget. (16)  The Clean Sky Joint Undertaking should be a body set up by the Communities and discharge for the implementation of its budget should be given by the European Parliament, taking into account a recommendation from the Council. Amendment 3 Recital 16 a (new) (16a)  The Clean Sky Joint Undertaking and public stakeholders should seek to recognise the opportunities presented by the Joint Technology Initiatives as new mechanisms for implementing public-private partnerships, and to work alongside private stakeholders to find a more efficient solution for the purpose of discharging the Community's budget. Amendment 4 Recital 19 (19)  The running costs of the Clean Sky Joint Undertaking should be covered by equal amounts by the European Community and the other members. (19)  The running costs of the Clean Sky Joint Undertaking should be covered in equal amounts by the European Community and the other members. The running costs should not exceed 3% of the total budget of the Clean Sky Joint Undertaking. Amendment 5 Recital 23 (23)  The Clean Sky Joint Undertaking should have, subject to prior concertation with the Commission, a distinct Financial Regulation based on the principles of the framework financial regulation1 which takes into account its specific operating needs arising, in particular, from the need to combine Community and private funding to support research and development activities in an efficient and timely manner. (23)  The financial rules applicable to the Clean Sky Joint Undertaking should not depart from Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities1, unless its specific operating needs so require, in particular the need to combine Community and private funding to support research and development activities in an efficient and timely manner. The prior consent of the Commission is required for the adoption of any rules which depart from Regulation (EC, Euratom) No 2343/2002. The budgetary authority should be informed of any such derogation. _________ 1 Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC,Euratom) No 1605/2002 on the Financial Regulation applicable to the budget of the European Cpmmunities (OJ L 357, 31.12.2002, p. 72; corrigendum in OJ L 2, 7.1.2003, p. 39). _____________________ 1 OJ L 357, 31.12.2002, p. 72. Corrigendum in OJ L 2, 7.1.2003, p. 39. Amendment 6 Recital 24 (24)  The need to ensure stable employment conditions and equal treatment of staff, and in order to attract specialised scientific and technical staff of the highest calibre, requires the application of the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities, ("the Staff Regulation") to all staff recruited by the Clean Sky Joint Undertaking. (24)  The need to ensure stable employment conditions and equal treatment of staff, and to attract specialised scientific and technical staff of the highest calibre, requires that the Commission be authorised to second as many officials as it regards necessary to the Joint Undertaking. The remaining staff should be recruited by the Clean Sky Joint Undertaking in accordance with the host country employment regulations. Amendment 7 Recital 25 (25)  Taking into account that the Clean Sky Joint Undertaking is not designed to fulfil an economic purpose and is responsible for managing the Joint Technology Initiative on "environmentally friendly Technologies in Air Transport", it is necessary for the performance of its tasks that the Protocol on the Privileges and Immunities of the European Communities of 8 April 1965 apply to the Clean Sky Joint Undertaking and its staff. deleted Amendment 8 Recital 27 (27)  The Clean Sky Joint Undertaking shall regularly report on its progress. (27)  The Clean Sky Joint Undertaking should report regularly to the Council and the European Parliament on its progress. Amendment 9 Recital 32 (32)  The Clean Sky Joint Undertaking should be established in Brussels, Belgium. A host agreement should be concluded between the Clean Sky Joint Undertaking and Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the Clean Sky Joint Undertaking. (32)  The Clean Sky Joint Undertaking should be established in Brussels, Belgium. A host agreement should be concluded between the Clean Sky Joint Undertaking and Belgium concerning the assistance with regard to office accommodation, privileges and immunities and other support to be provided by Belgium to the Clean Sky Joint Undertaking. Amendment 10 Article 1, paragraph 1 1.  For the implementation of the Joint Technology Initiative on "Clean Sky", a Joint Undertaking within the meaning of Article 171 of the Treaty, whose name is "Clean Sky Joint Undertaking", is hereby set up for a period up to 31 December 2017 (hereinafter referred to as "Clean Sky Joint Undertaking"). This period may be extended by a revision of this Regulation. 1.  For the implementation of the Joint Technology Initiative on "Clean Sky", a Joint Undertaking within the meaning of Article 171 of the Treaty, whose name is "Clean Sky Joint Undertaking", is hereby set up for a period up to 31 December 2017 (hereinafter referred to as "Clean Sky Joint Undertaking"). It shall be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017. The Clean Sky Joint Undertaking is a body as referred to in Article 185 of the Financial Regulation and Point 47 of the IIA of 17 May 2006. Amendment 11 Article 3, bullet -1 (new) • contributing to the implementation of the Seventh Framework Programme and in particular to the Theme 'Transport' (including Aeronautics) of the Specific Programme Cooperation; Amendment 12 Article 3, bullet 2 a (new) • ensuring coherent implementation of EU research efforts aimed at environmental improvements in the field of air transport; Amendment 13 Article 3, bullet 2 b (new) • promoting the involvement of small and medium-sized enterprises (SMEs) in its activities in order to enable at least 15% of the funding available to be granted to SMEs; Amendment 14 Article 6, paragraph 2 2.  The running cost of the Clean Sky Joint Undertaking shall be shared equally in cash between on the one hand the European Community, which will contribute with 50% of total cost, and on the other hand the rest of the Members, that will contribute to the remaining 50%. 2.  The running cost of the Clean Sky Joint Undertaking shall be shared equally in cash between on the one hand the European Community, which will contribute with 50% of total cost, and on the other hand the rest of the Members, that will contribute to the remaining 50%. The running costs shall not exceed 3% of the total budget of the Clean Sky Joint Undertaking. Amendment 15 Article 6, paragraph 5 5.  ITD Leaders and Associates shall contribute resources at least equal to the Community contribution excluding those allocated through Calls for Proposals in order to carry out the research activities of Clean Sky. 5.  ITD Leaders and Associates shall contribute resources evaluated in accordance with the practices established under the Seventh Framework Programme at least equal to the Community contribution excluding those allocated through Calls for Proposals in order to carry out the research activities of Clean Sky. Amendment 16 Article 7, paragraph 2 a (new) The evaluation and selection process, which shall be carried out with the assistance of external experts, shall ensure that the allocation of the Clean Sky Joint Undertaking public funding follows the principles of excellence and competition. Amendment 17 Article 8, title and paragraph 1 Financial Regulation Financial rules 1.  The Clean Sky Joint Undertaking shall adopt a distinct Financial Regulation based on the principles of the Framework Financial Regulation. It may depart from the Framework Financial Regulation where the specific operating needs of the Clean Sky Joint Undertaking so require and subject to prior consent of the Commission. 1.  The financial rules applicable to the Clean Sky Joint Undertaking shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require and subject to the prior consent of the Commission. The budgetary authority shall be informed of any such derogation. Amendment 18 Article 9, paragraph 1 1.  The Staff Regulations of Officials of the European Communities, the Conditions of Employment of Other Servants of the European Communities and the rules adopted jointly by the European Community institutions for the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the Clean Sky Joint undertaking and its Director. 1.  The Clean Sky Joint Undertaking shall recruit its staff in accordance with the employment rules in force in its host country. The Commission may second to the Clean Sky Joint Undertaking as many officials as it regards necessary. Amendment 19 Article 9, paragraph 2 2.  In respect of its staff, the Clean Sky Joint Undertaking shall exercise the powers conferred on the appointing authority by the Staff Regulations of Officials of the European Communities and on the authority empowered to conclude contracts by the Conditions of Employment of Other Servants of the European Communities. deleted Amendment 20 Article 9, paragraph 3 3.  The Clean Sky Joint Undertaking shall, in agreement with the Commission, adopt the necessary implementing measures, in accordance with arrangements provided for in Article 110 of the Staff Regulations of Officials of the European Communities, the Conditions of Employment of Other Servants of the European Communities. 3.  The Clean Sky Joint Undertaking shall, in agreement with the Commission, adopt the necessary implementing measures concerning the secondment of officials of the European Communities. Amendment 21 Article 10 Article 10 Privileges and Immunities deleted The Protocol on the Privileges and Immunities of the European Communities shall apply to the Clean Sky Joint Undertaking and its staff. Amendment 22 Article 11, paragraph 3 a (new) 3a.  The Clean Sky Joint Undertaking shall be solely responsible for meeting its obligations. Amendment 23 Article 13, paragraph 3 3.  By 3 years after the start of the Joint Undertaking, but in any case no later than 31 December 2010, the Commission shall carry out an evaluation on the basis of terms of reference to be agreed with the Executive Board. On the basis of the progress made towards achieving the objectives of the Clean Sky Joint Undertaking, the aim of this evaluation is to determine whether the duration of the Clean Sky Joint Undertaking should be extended beyond the period specified in Article 1, paragraph 1, and appropriate changes to this Regulation and the Statutes of Clean Sky Joint Undertaking to be adopted. 3.  No later than 31 December 2010 and 31 December 2015, the Commission shall conduct interim evaluations of the Clean Sky Joint Undertaking with the assistance of independent experts. These evaluations shall cover the quality and efficiency of the Clean Sky Joint Undertaking and its progress towards the objectives set. The Commission shall communicate the conclusions of the evaluations, accompanied by its observations and, where appropriate, proposals for the amendment of this Regulation to the European Parliament and to the Council. Amendment 24 Article 13, paragraph 4 4.  At the end of 2017, the Commission shall conduct a final evaluation of the Clean Sky Joint Undertaking with the assistance of independent experts. The results of the final evaluation shall be presented to the European Parliament and to the Council. 4.  At the end of the Clean Sky Joint Undertaking, the Commission shall conduct a final evaluation of the Clean Sky Joint Undertaking with the assistance of independent experts. The results of the final evaluation shall be presented to the European Parliament and to the Council. Amendment 25 Article 13, paragraph 5 5.  Discharge for the implementation of the budget of the Clean Sky Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure provided for by the Financial Regulations of the Clean Sky Joint Undertaking. 5.  Discharge for the implementation of the budget of the Clean Sky Joint Undertaking shall be given by the European Parliament, taking into account a recommendation from the Council. Amendment 26 Article 17 The Clean Sky Joint Undertaking shall adopt rules governing the dissemination of research results which ensure that, where appropriate, intellectual property generated in Research Activities under this Regulation is protected, and that research results are used and disseminated. The Clean Sky Joint Undertaking shall adopt rules governing the dissemination of research results based on the rules of the Seventh Framework Programme which ensure that, where appropriate, intellectual property generated in Research Activities under this Regulation is protected, and that research results are used and disseminated. Amendment 27 Article 19 A host agreement shall be concluded between the Clean Sky Joint Undertaking and Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the Clean Sky Joint Undertaking. A host agreement shall be concluded between the Clean Sky Joint Undertaking and Belgium concerning the assistance with regard to office accommodation, privileges and immunities and other support to be provided by Belgium to the Clean Sky Joint Undertaking. Amendment 28 Article 20 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall expire on 31 December 2017. It shall be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017. Amendment 29 Annex, Article 1, paragraph 3, subparagraph 1 3.  Duration: The Clean Sky Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Union for an initial period up to 31 December 2017. 3.  Duration: The Clean Sky Joint Undertaking shall be established as from the publication of these Statutes in the Official Journal of the European Union for a period up to 31 December 2017. It shall be ensured that after the last call for proposals in 2013 projects still in progress are implemented, monitored and funded until 2017. Amendment 30 Annex, Article 1, paragraph 3, subparagraph 1 a (new) The Clean Sky Joint Undertaking is a body as referred to in Article 185 of the Financial Regulation and Point 47 of the IIA of 17 May 2006. Amendment 31 Annex, Article 1, paragraph 3, subparagraph 2 The initial period may be extended by amending these Statutes in accordance with the provisions of Article 23 taking into account the progress made towards achieving the objectives of the Clean Sky Joint Undertaking and provided that financial sustainability is ensured. deleted Amendment 32 Annex, Article 2, paragraph 3, subparagraph 1 a (new) Decisions of the Executive Board on new applications for membership shall be made taking into account the relevance and potential added value of the applicant for the achievement of the objectives of the Clean Sky Joint Undertaking. For any new application for membership, the Commission shall provide timely information to the Council on the assessment and, where applicable, on the decision of the Executive Board. Amendment 33 Annex, Article 2, paragraph 4, subparagraph 1 a (new) Any Member may withdraw from the Clean Sky Joint Undertaking. Withdrawal shall become effective and irrevocable six months after notification to the other Members, following which the former Member shall be discharged from any obligations other than those already undertaken through decisions of the Clean Sky Joint Undertaking in accordance with these Statutes, prior to the Member's withdrawal. Amendment 34 Annex, Article 3, paragraph 1, bullet 8 a (new) • Stimulating the involvement of SMEs in its activities, in line with the 15% target laid down in the Seventh Framework Programme; Amendment 35 Annex, Article 3, paragraph 1, bullet 9 • Implementing the research and development activities needed, where appropriate by awarding grants following Calls for Proposal. • Implementing the research and development activities needed, by awarding grants following Calls for Proposals. Amendment 36 Annex, Article 3, paragraph 2, bullet 7 a (new) · Promoting the involvement of SMEs in its activities; Amendment 37 Annex, Article 3, paragraph 2, bullet 7 b (new) · Publishing information on the Projects, including the names of the participants and the amount of the financial contribution of the Clean Sky Joint Undertaking per participant. Amendment 38 Annex, Article 4, paragraph 3 3.  An Advisory Board shall be established as appropriate by the JU to advise, and issue recommendations to, the Clean Sky Joint Undertaking on managerial, financial and technical topics. The Advisory Board shall be appointed by the Commission. deleted Amendment 39 Annex, Article 6, paragraph 3, subparagraph 1 1.  The Director shall be appointed by the Executive Board, from a list of candidates proposed by the Commission, for a period of up to three years. After an evaluation of the Director's performance, the Executive Board may extend the term of office once for a further period of no more than four years. 1.  The Director shall be appointed by the Executive Board on the basis of a list of candidates proposed by the Commission, following a call for expression of interest published in the Official Journal of the European Union and in other periodicals or on the Internet, for a period of up to three years. After an evaluation of the Director's performance, the Executive Board may extend the term of office once for a further period of no more than four years. Amendment 40 Annex, Article 7, paragraph 4, bullet 3 • Defining contents of the Calls for Proposals as well as selecting the external partners. • Defining the content, the objectives and the launch of Calls for Proposals as well as selecting the external partners. Amendment 41 Annex, Article 7, paragraph 5 5.  Voting: Each Integrated Technology Demonstrator Steering Committee shall make decisions by a simple majority with votes weighted according to the financial commitment to the Integrated Technology Demonstrator of each member of the Steering Committee. The Integrated Technology Demonstrator Leaders will have a right of veto over any resolution of the Steering Committee of the Integrated Technology Demonstrator of which they are leaders. 5.  Voting: Each Integrated Technology Demonstrator Steering Committee shall make decisions by a simple majority with votes weighted according to the financial commitment to the Integrated Technology Demonstrator of each member of the Steering Committee. Amendment 42 Annex, Article 11, paragraph 2, bullet 2 • An amount of at least EUR 200 million shall be allocated to external partners [projects] selected via competitive calls for proposals. The Community financial contribution shall be limited to up to 50% of the total eligible costs. • An amount of at least EUR 200 million shall be allocated to external partners [projects] selected via competitive calls for proposals. Particular attention shall be paid to ensuring adequate participation of SMEs in an amount equal to 15% of the total Community funding. The Community financial contribution shall comply with the upper funding limits of the total eligible costs, laid down by the Rules for participation in the Seventh Framework Programme. Amendment 43 Annex, Article 14 Financial regulation Financial rules 1.  The Clean Sky Joint Undertaking's financial regulation shall be agreed and adopted by the Clean Sky Executive Board. 1.  The Clean Sky Joint Undertaking's financial rules shall be adopted by the Clean Sky Executive Board after consulting the Commission. 2.  The Clean Sky Joint Undertaking's Financial Regulation shall be based on the principles of the Framework Financial Regulation1. It may depart from the Framework Financial Regulation where the specific operating needs of the Clean Sky Joint Undertaking so require and subject to prior consent of the Commission. 2.  The Clean Sky Joint Undertaking's financial rules shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require and subject to the prior consent of the Commission. The budgetary authority shall be informed of any such derogation. _______ OJ L 357, 31.12.2002, p. 72; corrigendum in OJ L 2 7.1.2003, p. 39. Amendment 44 Annex, Article 16, paragraph 5 5.  Within two months after the end of each financial year the provisional accounts of the Joint Undertaking shall be submitted to the Commission and the Court of Auditors of the European Communities ('the Court of Auditors'). The Court of Auditors shall, by 15 June after the end of each financial year, make its observations on the provisional accounts of the Joint Undertaking. 5.  Within two months after the end of each financial year the provisional accounts of the Joint Undertaking shall be submitted to the Commission, the Court of Auditors of the European Communities ('the Court of Auditors') and to the budgetary authority. The Court of Auditors shall, by 15 June after the end of each financial year, make its observations on the provisional accounts of the Joint Undertaking. Amendment 45 Annex, Article 17, paragraph 1 1.  An annual report shall describe the activities performed during the previous year and the corresponding costs. 1.  An annual report which shall present the progress made by the Clean Sky Joint Undertaking every calendar year, in particular in relation to the annual implementation plan for that year. The annual report shall be presented by the Director together with the annual accounts and balance sheets and shall include the participation of SMEs in the R&D activities of the Clean Sky Joint Undertaking. Amendment 46 Annex, Article 17, paragraph 2 2.  The annual implementation plan shall describe the activities planned for the coming year, and resources estimated. 2.  The annual implementation plan shall specify the plan for the execution of all the activities of the Clean Sky Joint Undertaking for a particular year, including planned Calls for Proposals and actions which should be implemented through Calls for Tender. The annual implementation plan shall be presented by the Director to the Executive Board together with the annual budget plan. Amendment 47 Annex, Article 17, paragraph 2 a (new) 2a.  An annual work programme shall describe the scope of and the budget for Calls for Proposals needed to implement the research agenda for the coming year. Amendment 48 Annex, Article 18, paragraph 1 1.  The staff resources shall be determined in the establishment plan of the Clean Sky Joint Undertaking that will be set out in the annual budget. 1.  The staff resources shall be determined in the establishment plan of the Clean Sky Joint Undertaking that will be set out in the annual budget and be forwarded by the Commission to the European Parliament and the Council together with the preliminary draft budget of the European Union. Amendment 49 Annex, Article 18, point 2 2.  The members of the staff of the Clean Sky Joint Undertaking shall be temporary agents and contract agents and shall have fixed term contracts renewable once up to a maximum total period of seven years. deleted Amendment 50 Annex, Article 19, paragraph 2 2.  The Members shall have no liability for the debts of the Clean Sky JU. 2.  The Members shall not be liable for any obligations of the Clean Sky Joint Undertaking. The financial liability of the Members shall be an internal liability towards the Clean Sky Joint Undertaking only and shall be limited to their commitment to contribute to the resources as set out in Article 11(1) of this Annex. Amendment 51 Annex, Article 19, paragraph 3 a (new) 3a.  Without prejudice to the financial contributions due to Project participants pursuant to Article 11(2) of this Annex, the financial liability of the Clean Sky Joint Undertaking for its debts shall be limited to the contributions made by the Members to the running costs as set out in Article 10(4) of this Annex. Amendment 52 Annex, Article 21, first paragraph The intellectual property policy of the Clean Sky Joint Undertaking will be incorporated in the grant agreements concluded by the Clean Sky Joint Undertaking. The intellectual property policy of the Clean Sky Joint Undertaking will be incorporated in the grant agreements concluded by the Clean Sky Joint Undertaking and shall conform to the principles set out in the Seventh Framework Programme. Amendment 53 Annex, Article 23, paragraph 2 2.  Amendment to these Statutes shall be approved by the Board, and shall be decided by the Commission. If such amendment affects the overall principals and objectives of these Statutes, they shall require the approval by the Council. Any amendment to Article 1, paragraph 3, and Article 10, paragraph 3, shall be subject to a revision of the Regulation setting up the Clean Sky Joint Undertaking. 2.  Amendment to these Statutes shall be approved by the Board, and shall be decided by the Commission after consulting of the European Parliament. If such amendment affects the overall principles and objectives of these Statutes, they shall require approval by the Council. Any amendment to Article 1, paragraph 3, and Article 10, paragraph 3, shall be subject to a revision of the Regulation setting up the Clean Sky Joint Undertaking. Amendment 54 Annex, Article 24 a (new) Article 24a Host agreement A host agreement shall be concluded between the Clean Sky Joint Undertaking and the Kingdom of Belgium.

(1) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1). (2) OJ C 139, 14.6.2006, p. 1.

European Parliament resolution of 11 December 2007 on the Green Paper: Diplomatic and consular protection of Union citizens in third countries (2007/2196(INI))

P6_TA(2007)0592 A6-0454/2007

The European Parliament,

–   having regard to the Commission's Green Paper of 28 November 2006 on diplomatic and consular protection of Union citizens in third countries (COM(2006)0712),

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

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0454/2007),

A.   whereas the representation of the Member States in third countries is very uneven,

B.   whereas in particular in only three countries in the world (China, Russia and the USA) does each of the EU Member States have diplomatic and consular representation, whereas in 107 countries 10 Member States at most are represented and whereas in certain popular destinations such as the Maldives there is no representation at all,

C.   whereas in response to the explosion in the number of EU citizens travelling (180 million travel documents were sold in 2006) or resident outside the EU, the European presence represented by the Commission delegations could be taken into account in a joint effort to pool resources in order to compensate for the limitations of the Member States' consular and diplomatic networks,

D.   whereas the relevant Community acquis is very restricted in extent and consists only of Decision 95/553/EC of the Representatives of the Governments of the Member States meeting within the Council of 19 December 1995 regarding protection for citizens of the European Union by diplomatic and consular representations(1), and of exchanges of information among the Member States within COCON (the Council working party on consular cooperation, the task of which is to organise the exchange of information concerning good practices followed by the Member States),

E.   having regard to the Commission's initiative in the form of a Green Paper which is intended to put flesh on the little-known Article 20 of the EC Treaty, pursuant to which every Union citizen, in the absence of an embassy or a consular post belonging to his own Member State in a third country, shall enjoy the diplomatic and consular protection of any other Member State represented in that third country, in accordance with the principle of non-discrimination and under the same conditions as nationals of that State,

F.   whereas in this connection the Commission:

G.   whereas, however, the existing legal framework has hitherto been interpreted restrictively, since diplomatic or consular protection has been regarded as coming within the narrow field of inter-governmental relations as governed by the 1963 Vienna Convention rather than by Article 20 of the Treaty,

H.  H whereas diplomatic and consular protection should not be confused with, among other things, the public registrar or notary duties often assigned to consular representatives,

I.   whereas there are indeed differences (of nature and structure and as regards the triggering of procedures) between diplomatic protection and consular protection, since although the latter may, in certain cases at least, be obligatory, diplomatic protection has always been subject to a discretionary power and therefore a distinction should be made, in the respective legal instruments, between consular and diplomatic protection,

J.   whereas, on the contrary, the Maastricht Treaty created a Union citizenship stemming from citizenship of the Member States and it would be desirable, so as to flesh that concept out, for comparable protection to be achieved for all Union citizens irrespective of their nationality,

K.   whereas from this point of view the conditions for a revision of Decision 95/553/EC (with the aim of extending it) must be created without delay and diplomatic protection must be included fairly and squarely within its scope,

L.   whereas the Member States are already pursuing initiatives, such as the 'Pilot State' and joint simulation exercises, which will enable a better response to be made in the event of a crisis and/or exceptional circumstances and to which the Commission could contribute by carrying out assessments,

M.   whereas still under-exploited networks, such as the Honorary Consuls network, exist which nonetheless constitute a significant resource to which the necessary aid should be allocated,

N.   whereas the Treaty of Lisbon establishes a European Foreign Service with its own competences and responsibilities,

1.  Wholeheartedly endorses the Commission's initiative which rejects a shallow interpretation of Article 20 of the EC Treaty and is intended to lay the foundations for a genuine harmonised fundamental right to diplomatic and consular protection for each and every citizen of the Union;

2.  Calls on the Commission to refer to its Legal Service the question of whether the EC Treaty or EU Treaty contains a legal basis for approximating Member State arrangements in the field of diplomatic and consular protection;

3.  Supports the Commission in its efforts to establish an ambitious long-term strategy within which information and communication will be key elements;

4.  Suggests that the Commission should propose without delay to the Council (over and above the requirement for it to report every three years on Union citizenship pursuant to Article 22 of the EC Treaty) that common concepts and binding guidelines enabling common standards to be established in the field of consular protection be adopted;

5.  Encourages the Commission to begin work immediately on a rationalised structure to enable resources to be pooled straight away and on greater sharing of best practices by immediately carrying out an inventory of all relevant public and private resources which are available and can be marshalled, and by establishing varied forms of cooperation amongst the many parties which, in their response to the Commission consultation, have offered to contribute to the project (Member States and also Honorary Consuls, local authorities and NGOs);

6.  Calls on the Commission to intensify its communication and information efforts, in particular by:

7.  Urges the Commission to issue a recommendation to the Member States calling on them to reproduce Article 20 of the EC Treaty in the passports issued to their nationals;

8.  Calls on the Commission to submit to it, once the Lisbon Treaty has been ratified, a proposal for amending Decision 95/553/EC, so that it expressly includes:

9.  Encourages the Commission to extend consular protection to the family members of Union citizens who are third country nationals, as well as recognised refugees and stateless persons and other persons who do not hold the nationality of any country but who reside in a Member State and are holders of a travel document issued by that Member State;

10.  Calls on the Commission to take appropriate steps to ensure that legal assistance is provided to Union citizens in the event of their arrest or detention in a third country, and to make such assistance more effective;

11.  Wholeheartedly endorses the initiative which has already been announced in the Barnier Report concerning the establishment of "joint offices" in four "test" areas (the Caribbean, the Balkans, the Indian Ocean and West Africa) and encourages the Commission to launch (at the same time as the "joint offices" are established) an information campaign targeted at Union nationals resident in those areas in order to ensure that they complete the necessary registration formalities;

12.  Considers that, pending the advent of joint offices performing all the most important consular tasks (issue of visas, legalisation of documents, etc.), the Commission should make a contribution to the efforts being made by the Member States in order to enhance their cooperation, in particular:

13.  Calls on the Commission to resort where possible to training and technology in order to make good certain shortcomings and/or to make optimum use of certain resources which are still under-exploited; in this connection the Commission should in particular marshal its resources in order to finance specific training courses given by experienced diplomats and consular staff from the Member States for the benefit of Honorary Consuls who are already established in third countries; such training should subsequently be given to Union representatives as well, once the 'joint offices' and subsequently the Union delegations are actually responsible for the consular tasks which these days are performed exclusively by the Member States' representations;

14.  Notes that the procedures for granting financial assistance are often slowed down by the amount of consultation that needs to be carried out, thus creating an additional difficulty at a time when Union citizens in an emergency situation in a third country require straightforward assistance; calls on the Commission to look into the possibility of streamlining and standardising the procedures for granting such assistance;

15.  Calls on the Commission to analyse the possibilities and implications with regard to consular and diplomatic protection which may result from establishing a European Foreign Service as provided for by the Treaty of Lisbon;

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

(1) OJ L 314, 28.12.1995, p. 73.

European Parliament resolution of 11 December 2007 on Draft amending budget No 7/2007 of the European Union for the financial year 2007, Section III - Commission (15715/2007 – C6-0434/2007 – 2007/2237(BUD))

P6_TA(2007)0593 A6-0493/2007

The European Parliament,

–   having regard to Article 272 of the EC Treaty and Article 177 of the Euratom Treaty,

–   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(1), and particularly Articles 37 and 38,

–   having regard to the general budget of the European Union for the financial year 2007, as finally adopted on 14 December 2006(2),

–   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(3),

–   having regard to Preliminary draft amending budget No 7/2007 of the European Union for the financial year 2007, which the Commission presented on 7 November 2007 (COM(2007)0687), and amended by letter of 12 November 2007,

–   having regard to Draft amending budget No 7/2007, which the Council established on 26 November 2007 (15715/2007 – C6-0434/2007),

–   having regard to Rule 69 of and Annex IV to its Rules of Procedure,

–   having regard to the report of the Committee on Budgets (A6-0493/2007),

A.   whereas Draft amending budget No 7/2007 to the General Budget 2007 covers the following items:

B.   whereas the purpose of Draft amending budget No 7/2007 is to formally enter these budgetary resources and technical adjustments into the 2007 budget,

1.  Takes note of Draft amending budget No 7/2007;

2.  Recognises that the current under-implementation of certain lines might be a consequence of the late adoption of legal bases in the first year of the multiannual financial framework; insists on closely monitoring the implementation of the 2008 Budget through the different tools such as the regular budgetary forecast alert and monitoring groups; invites its specialised committees to give an early input about the funds needed and possible problems of implementation as regards multi-annual programmes;

3.  Underlines that there will certainly be a need for a higher amount in payments in the 2008 budget;

4.  Approves Draft amending budget No 7/2007 unamended;

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

(1) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1). (2) OJ L 77, 16.3.2007, p. 1. (3) OJ C 139, 14.6.2006, p. 1.

European Parliament legislative resolution of 11 December 2007 on the Council common position for adopting a decision of the European Parliament and of the Council on a paperless environment for customs and trade (8520/4/2007 – C6-0267/2007 – 2005/0247(COD))

P6_TA(2007)0594 A6-0466/2007

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (8520/4/2007 – C6-0267/2007),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2005)0609),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 67 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A6-0466/2007),

1.  Approves the common position;

2.  Notes that the act is adopted in accordance with the common position;

3.  Instructs its President to sign the act with the President of the Council pursuant to Article 254(1) of the EC Treaty;

4.  Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to have it published in the Official Journal of the European Union;

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

(1) OJ C 317 E, 23.12.2006, p. 74.

European Parliament legislative resolution of 11 December 2007 on the Council common position for adopting a directive of the European Parliament and of the Council establishing a Framework for Community Action in the field of Marine Environmental Policy (Marine Strategy Framework Directive) (9388/2/2007 – C6-0261/2007 – 2005/0211(COD))

P6_TA(2007)0595 A6-0389/2007

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (9388/2/2007 – C6-0261/2007),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2005)0505),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0389/2007),

1.  Approves the common position as amended;

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

Position of the European Parliament adopted at second reading on 11 December 2007 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council establishing a Framework for Community Action in the field of Marine Environmental Policy (Marine Strategy Framework Directive)

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, RDirective 2008/56/EC.)

(1) OJ C 314 E, 21.12.2006, p. 86.

European Parliament legislative resolution of 11 December 2007 on the Council common position for adopting a directive of the European Parliament and of the Council on ambient air quality and cleaner air for Europe (16477/1/2006 – C6-0260/2007 – 2005/0183(COD))

P6_TA(2007)0596 A6-0398/2007

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (16477/1/2006 – C6-0260/2007),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2005)0447),

–   having regard to Article 251(2) of the EC Treaty,

–   having regard to the Commission declaration annexed hereto,

–   having regard to Rule 62 of its Rules of Procedure,

–   having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Food Safety (A6-0398/2007),

1.  Approves the common position as amended;

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

Position of the European Parliament adopted at second reading on 11 December 2007 with a view to the adoption of Directive 2008/.../EC of the European Parliament and of the Council on ambient air quality and cleaner air for Europe

(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, RDirective 2008/50/EC.)

declaration by the commission accompanying the adoption of the new directive on ambient air quality and cleaner air for Europe

The Commission takes note of the text adopted by the Council and the European Parliament for the Directive on ambient air quality and cleaner air for Europe. In particular, the Commission notes the importance attributed by the European Parliament and the Member States in Article 22(4) and Recital 16 of the Directive to Community measures for the abatement of air pollutant emissions at source.

The Commission is, however, committed to the aims of its Better Regulation initiative and the need for proposals to be underpinned by a comprehensive assessment of the impacts and benefits. In this regard and in accordance with the Treaty establishing the European Community, the Commission will continue to evaluate the need to bring forward new legislative proposals but reserves its right to decide if and when it would be appropriate to present any such proposal.

(1) OJ C 306 E, 15.12.2006, p. 102.

European Parliament legislative resolution of 11 December 2007 on the proposal for a directive of the European Parliament and of the Council on the interoperability of the Community rail system (COM(2006)0783 – C6-0474/2006 – 2006/0273(COD))

P6_TA(2007)0597 A6-0345/2007

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0783),

–   having regard to Article 251(2) and Articles 156 and 71 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0474/2006),

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

–   having regard to the report of the Committee on Transport and Tourism (A6-0345/2007),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to reconsult Parliament if it intends to make substantial modifications to this proposal or replace it with a new proposal,

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

Position of the European Parliament of 11 December 2007 in view of adoption of the Directive 2008/.../CE of the European Parliament and of the Council on the interoperability of the rail system in the Community (recast)

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2008/57/EC.)

European Parliament legislative resolution of 11 December 2007 on the proposal for a Council regulation amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (COM(2007)0484 – C6-0283/2007 – 2007/0177(CNS))

P6_TA(2007)0598 A6-0470/2007

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0484),

–   having regard to Article 37, paragraph 2, third subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0283/2007),

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

–   having regard to the report of the Committee on Agriculture and Rural Development (A6-0470/2007),

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 Commission.

Text proposed by the Commission   Amendments by Parliament Amendment 1 RECITAL 1 A (new) (1a)  Cross-compliance has already proven to be a very important instrument under the reformed Common Agricultural Policy as regards justifying expenditure. Cross-compliance does not impose new obligations on farmers, nor does it entitle them to new payments following their compliance. It simply establishes a link between direct payments made to farmers and the public services they render to society as a whole by complying with Community legislation in the field of environment, food safety and animal welfare. The requirements of Community legislation are generally very strict compared to standards which apply elsewhere in the rest of the world. Amendment 2 RECITAL 1 B (new) (1b)  Given the value the EU places on these high standards, the reformed Common Agricultural Policy has effectively transformed the first pillar of the policy into a de facto rural development policy, as farmers are being rewarded for supplying public services, rather than receiving unconditional payments linked to production. To meet the objectives of the cross-compliance system, the full understanding of the system and co-operation of farmers are required - something which is currently lacking, because of the fear which the regime has generated at farm level. A better informed farm sector would find compliance easier. However, understanding the details of 18 specific EU Directives and Regulations presents huge problems not just for farmers, but also Member State competent authorities. Amendment 3 RECITAL 1 C (new) (1c)  Cross-compliance has linked the payment of support to farmers to complying with 18 different EU Directives and Regulations. By its very nature, the monitoring of cross-compliance is complex. The system of cross-compliance requires that those carrying out the checks have a full understanding of farming and are familiar with the different sectors of farming. Adequate training for those carrying out inspection of farmers' activities is vital. In addition, inspectors should have the discretion to take into account un-seasonal and sudden factors which mitigate against full compliance - due to no fault of the farmer. Amendment 4 RECITAL 1 D (new) (1d)  The cross-compliance system and/or the Common Agricultural Policy will probably require further adjustment in the future, as currently the level of payments does not always seem to be in balance with the compliance efforts made by the farmers concerned, because payments still depend to a large extent on historic spending. In particular animal welfare legislation is obviously most burdensome for livestock farmers, which is not reflected in the level of their payments. However, if imported products met the same animal welfare standards, then there would be no need to compensate farmers for their compliance with Community legislation in this field. The Commission should therefore strive for recognition of the non-trade concerns as import criteria within the World Trade Organisation negotiations. Amendment 5 RECITAL 1 E (new) (1e)  Continuous effort should be put into the simplification, improvement and harmonisation of the cross-compliance system. Therefore the Commission should present a report on the application of the cross-compliance system every two years. Amendment 6 RECITAL 1 F (new) (1f)  Reduced administrative burdens, harmonised checks, amalgamation of checks, including within the European institutions, and timely payments would increase the overall support among farmers for the cross-compliance system and so increase the effectiveness of the policy. Amendment 7 RECITAL 1 G (new) (1g)  In the spirit of wanting to promote compliance, advance notice is essential. It is also required to assist farmers, many of whom are part-time operators, to prepare for inspections. Unannounced checks have no real place in the system, as they contribute to a disproportionate but valid sense of fear among farmers about the overall cross-compliance regime. Where "deliberate and serious fraud" is suspected, other means of attack, including Member State domestic law, should be used. When unannounced checks are carried out they should be done on the basis of good intelligence of the competent authority that a serious problem exists in a given farm. At the same time the effectiveness of the on-the-spot checks should not be jeopardised. Amendment 8 RECITAL 1 H (new) (1h)  In order to limit the burden on farmers, Member States and the European institutions should be encouraged to keep both the number of on-the-spot checks and the number of controlling agencies to a minimum, without prejudice to the provisions of Commission Regulation (EC) No 796/2004 of 21 April 2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/20031. Member States should therefore be allowed to perform the minimum control percentage at the level of the paying agency. Further, Member States and the European institutions should be encouraged to take additional measures to limit the number of persons carrying out the controls, to ensure that they are properly trained and to limit the period during which an on-the-spot check may be carried out on a particular farm to a maximum of one day. The Commission should assist Member States in meeting the requirements for integrated sample selections. Sample selection for on-the-spot checks should be carried out independently from specific minimum control percentages as provided for under the specific legislation falling within the scope of cross-compliance. _______________________ 1 OJ L 141, 30.4.2004, p. 18. Regulation as last amended by Regulation (EC) No 972/2007 (OJ L 216, 21.8.2007, p. 3). Amendment 9 RECITAL 1 I (new) (1i)  Administrative and on-the-spot checks as set out in Regulation (EC) No 796/2004 are conducted in such a way as to ensure effective verification of compliance with the terms under which aids are granted, and of the requirements and standards relevant for cross-compliance. These need to be made complementary under the existing integrated administration and control system, in order to prevent duplication and enable all the checks to be conducted in a single visit. Amendment 10 RECITAL 1 J (new) (1j)  Member States should ensure that farmers are not punished twice (reduction or exclusion of payments, as well as a fine following non-compliance with the relevant national legislation) for the same case of non-compliance. Amendment 11 RECITAL 1 K (new) (1k)  The reductions in payments applicable in cases of non-compliance with cross-compliance rules, obligations and requirements differ, depending on whether non-compliance is deemed an intentional act or the result of negligence. In the same way, those reductions should be proportionate to the importance of the sphere of activity concerned by the non-compliance at the farm holding, particularly where this is a mixed crop and stock farming holding. Amendment 12 RECITAL 2 (2)  Article 44(3) of Council Regulation (EC) No 1782/2003 provides that farmers shall keep at their disposal for a period of at least 10 months the parcels corresponding to the eligible hectare. Experience shows that this condition risks putting high constraints on the functioning of the land market and creates significant administrative workload for the farmers and the administrative services. A reduction of the time period would not jeopardise the management of the cross-compliance obligations. On the other hand, it is also necessary to establish a date where the parcels should be at the farmer's disposal to avoid double claims for the same land. Therefore it would be appropriate to establish that farmers shall have the parcels at their disposal on the 15 June of the year of submission of the aid application. The same rule should also be applied for the Member States applying the single area payment scheme. It would be also appropriate to set up the rules as regards the responsibilities under cross-compliance in case of transfer of land. (2)  Article 44(3) of Council Regulation (EC) No 1782/2003 provides that farmers shall keep at their disposal for a period of at least 10 months the parcels corresponding to the eligible hectare. Experience shows that this condition risks putting high constraints on the functioning of the land market and creates significant administrative workload for the farmers and the administrative services. A reduction of the time period would not jeopardise the management of the cross-compliance obligations. On the other hand, it is also necessary to establish a date where the parcels should be at the farmer's disposal to avoid double claims for the same land. Therefore it would be appropriate to establish that farmers shall have the parcels at their disposal on the latest date for submission applicable in the Member State concerned of the year of submission of the aid application. The same rule should also be applied for the Member States applying the single area payment scheme. It would be also appropriate to set up the rules as regards the responsibilities under cross-compliance in case of transfer of land. Amendment 13 RECITAL 7 A (new) (7a)  In his single application, the farmer declares, inter alia, the area he is using for agricultural purposes, the scheme or schemes in question and his payment entitlements, and attests that he is aware of the conditions attached to the granting of the aid in question. Those conditions should correspond not only to the aid eligibility criteria but also to the criteria on public health, animal and plant health, animal welfare and respect for the environment on which payment of that aid is conditional. By that attestation, the farmer would undertake to comply with those various conditions, and contract to abide by them. Amendment 14 ARTICLE 1, POINT -1 (new) Article 4, paragraph 2, subparagraph 1 a (new) (Regulation (EC) No 1782/2003) (- 1) In Article 4, paragraph 2, the following subparagraph is added: "In the case of directives, the Commission shall ensure that the statutory management requirements in the areas referred to in paragraph 1 are transposed in a harmonised manner in each Member State." Amendment 15 ARTICLE 1, POINT 1, POINT (A) Article 6, paragraph 1 (Regulation (EC) No 1782/2003) (a)  Paragraph (1) is replaced by the following: "1. Where the statutory management requirements or good agricultural and environmental conditions are not complied with in a given calendar year (hereinafter 'the calendar year concerned'), the total amount of direct payments to be granted, after application of Articles 10 and 11 to the farmer who submitted an application in the calendar year concerned, shall be reduced or cancelled in accordance with the detailed rules laid down under Article 7. Subject to paragraph 2, the farmer who submitted an aid application shall be held liable unless he can show that the non-compliance in question is neither the result of an action or omission directly attributable: (a) to himself, or (b) in case where the agricultural land has been transferred during the calendar year concerned, - to the transferee where the transferral has taken place between the date referred to in Article 44(3) and 1 January of the following calendar year; - to the transferor, where the transferral has taken place between 1 January of the calendar year concerned and the date referred to in Article 44(3)." deleted Amendment 31 ARTICLE 1, POINT 1, POINT (B) Article 6, paragraph 3, subparagraph 1 (Regulation (EC) No 1782/2003) 3.  Notwithstanding paragraph 1 and pursuant to the conditions laid down in the detailed rules referred to in Article 7(1), Member States may decide not to apply a reduction amounting to EUR 50 or less per farmer and per calendar year. 3.  Notwithstanding paragraph 1 and pursuant to the conditions laid down in the detailed rules referred to in Article 7(1), Member States may decide not to apply a reduction amounting to EUR 100 or less per farmer and per calendar year. Amendment 17 ARTICLE 1, POINT 1, POINT (B) Article 6, paragraph 3, subparagraph 2 (Regulation (EC) No 1782/2003) Any finding of non-compliance shall nevertheless be subject to a specific follow-up by the competent authority. Any such findings, the follow-up measures and the remedial action to be taken shall be notified to the farmer. Any finding of non-compliance shall nevertheless be subject to a specific follow-up in the risk analysis by the competent authority. Any such findings, the follow-up measures and the remedial action to be taken shall be notified to the farmer. This subparagraph shall not apply where the farmer has taken immediate remedial action putting an end to the non-compliance found. Amendment 18 ARTICLE 1, POINT 2 Article 7, paragraph 2, subparagraph 3 (Regulation (EC) No 1782/2003) Any finding of minor non-compliance shall nevertheless be subject to a specific follow-up by the competent authority. Any such finding, the follow-up measures and the remedial action to be taken shall be notified to the farmer. This subparagraph shall not apply where the farmer has taken immediate remedial action putting an end to the non-compliance found". deleted Amendment 19 ARTICLE 1, POINT 2 A (new) Article 7, paragraph 4, subparagraph 1 a (new) (Regulation (EC) No 1782/2003) (2a)  In Article 7(4) the following subparagraph is added: "In any case, in the new Member States, the percentage of reduction referred to in Article 6(1) shall take into account the relevant percentage of the schedule of increments applicable in a given year in accordance with Article 143a." Amendment 20 ARTICLE 1, POINT 2 B (new) Article 7, paragraph 4 a (new) (Regulation (EC) No 1782/2003) (2b)  In Article 7, the following paragraph is added: "4a. Where a reduction or exclusion of payments is being applied following non-compliance registered during an on-the-spot check as referred to in Article 25, no fine shall be imposed under the corresponding national legislation for the same case of non-compliance. Where a fine has been imposed following non-compliance with national legislation, no reduction or exclusion of payments shall be imposed for the same case of non-compliance." Amendment 21 ARTICLE 1, POINT 2 C (new) Article 8 (Regulation (EC) No 1782/2003) (2c)  Article 8 is replaced by the following: "Article 8 Review By 31 December 2007 at the latest, and every two years thereafter, the Commission shall submit a report on the application of the cross-compliance system accompanied, if necessary, by appropriate proposals notably with a view to: – amending the list of statutory management requirements set out in Annex III, – simplifying, deregulating and improving the legislation under the list of statutory management requirements, special attention being paid to legislation concerning nitrates, – simplifying, improving and harmonising the control systems in place, taking into account the opportunities offered by the development of indicators and bottleneck-based controls, controls already performed under private certification schemes, controls already performed under national legislation implementing the statutory management requirements, and information and communication technology, The reports shall also contain an estimate of the total costs of control under the cross-compliance system of the year preceding the year in which the report will be published." Amendment 22 ARTICLE 1, POINT 2 D (new) Article 18, paragraph 1, point (e) (Regulation (EC) No 1782/2003) (2d)  In Article 18(1), point (e) is replaced by the following: "(e) an integrated control system that comprises verification of eligibility conditions and of the requirements in terms of cross-compliance," Amendment 23 ARTICLE 1, POINT 2 E (new) Article 25 (Regulation (EC) No 1782/2003) (2e)  Article 25 is replaced by the following: "Article 25 Controls on cross-compliance 1.  Member States shall carry out on-the-spot checks to verify whether the farmer complies with the obligations referred to in Chapter 1. These controls shall take place within a period of not more than one day for a particular farm. 2.  Member States may make use of their existing administration and control systems to verify compliance with the statutory management requirements and good agricultural and environmental conditions referred to in Chapter 1. However, Member States shall endeavour to limit the number of controlling agencies and the number of persons carrying out the on-the-spot checks on a particular farm. These systems, and notably the system for identification and registration of animals set up in accordance with Directive 92/102/EEC, Regulation (EC) No 1782/2003, Regulation (EC) No 1760/2000 and Regulation (EC) No 21/2004, shall be compatible, within the meaning of Article 26 of this Regulation, with the integrated system. 3.  Member States shall endeavour to plan controls in such a way that farms which can best be controlled in a particular period during the year, due to seasonal reasons, are indeed controlled in that particular period. However, if the controlling agency could not control a particular statutory management requirement, or a part thereof, or good agricultural and environmental conditions during an on-the-spot check, due to seasonal reasons, those requirements and conditions shall be deemed to be met." Amendment 24 ARTICLE 1, POINT 3 Article 44, paragraph 3 (Regulation (EC) No 1782/2003) Except in case of force majeure or exceptional circumstances, these parcels shall be at the farmer's disposal on the 15 June of the year of submission of the aid application. Except in case of force majeure or exceptional circumstances, these parcels shall be at the farmer's disposal on the latest date for submission applicable in the Member State concerned of the year of submission of the aid application. Amendment 25 ARTICLE 1, POINT 5, POINT (A) Article 143 b, paragraph 5, subparagraph 1, new sentence (Regulation (EC) No 1782/2003) Except in case of force majeure or exceptional circumstances, these parcels shall be at the farmer's disposal on the 15 June of the year of submission of the aid application. Except in case of force majeure or exceptional circumstances, these parcels shall be at the farmer's disposal on the latest date for submission applicable in the Member State concerned of the year of submission of the aid application. Amendment 26 ARTICLE 1, POINT 5, POINT (B) Article 143 b, paragraph 6, subparagraph 3 (Regulation (EC) No 1782/2003) As from 1 January 2005 and until 31 December 2008 the application of Articles 3, 4, 6, 7 and 9 shall be optional for the new Member States insofar as those provisions relate to statutory management requirements. As from 1 January 2009 a farmer receiving payments under the single area payment scheme shall respect the statutory management requirements referred to in Annex III according to the following timetable: As from 1 January 2005 and until 31 December 2008 the application of Articles 3, 4, 6, 7 and 9 shall be optional for the new Member States insofar as those provisions relate to statutory management requirements. As from 1 January 2009 a farmer receiving payments under the single area payment scheme shall respect the statutory management requirements referred to in Annex III according to the following timetable: (a) requirements referred to in point A shall apply from 1 January 2009; (a) requirements referred to in point A shall apply from 1 January 2009; (b) requirements referred to in point B shall apply from 1 January 2010; (b) requirements referred to in point B shall apply from 1 January 2011; (c) requirements referred to in point C shall apply from 1 January 2011. (c) requirements referred to in point C shall apply from 1 January 2013. However, for Bulgaria and Romania, the application of Articles 3, 4, 6, 7 and 9 shall be optional until 31 December 2011 insofar as those provisions relate to statutory management requirements. As from 1 January 2012 a farmer receiving payments under the single area payment scheme shall respect the statutory management requirements referred to in Annex III according to the following timetable: However, for Bulgaria and Romania, the application of Articles 3, 4, 6, 7 and 9 shall be optional until 31 December 2011 insofar as those provisions relate to statutory management requirements. As from 1 January 2012 a farmer receiving payments under the single area payment scheme shall respect the statutory management requirements referred to in Annex III according to the following timetable: (a) requirements referred to in point A shall apply from 1 January 2012; (a) requirements referred to in point A shall apply from 1 January 2012; (b) requirements referred to in point B shall apply from 1 January 2013; (b) requirements referred to in point B shall apply from 1 January 2014; (c) requirements referred to in point C shall apply from 1 January 2014. (c) requirements referred to in point C shall apply from 1 January 2016. New Member States may apply this option also in the case where they decide to terminate the application of the single area payment scheme before the end of the period of application provided for in paragraph 9. New Member States may apply this option also in the case where they decide to terminate the application of the single area payment scheme before the end of the period of application provided for in paragraph 9. Amendment 27 ARTICLE 1, POINT 5, POINT (C) Article 143 b, paragraph 9, first sentence (Regulation (EC) No 1782/2003) For any new Member States the single area payment scheme shall be available for a period of application until the end of 2010. For any new Member States the single area payment scheme shall be available for a period of application until the end of 2013. Amendment 28 ARTICLE 1, POINT 5 A (new) Article 145, point (m) (Regulation (EC) No 1782/2003) (5a)  In Article 145, point (m) is replaced by the following: "(m) rules on the administrative and on-the-spot checks and the checks by remote sensing. In the case of controls pursuant to Title II Chapter 1 the rules laid down shall provide for regular and sufficient advance notice of on-the-spot checks where this does not jeopardise the actual goal of the controls. The rules shall also provide for incentives for Member States to put in place a system of well-functioning and coherent controls;" Amendment 29 ARTICLE 2 Article 51, paragraph 3, subparagraph 2 (Regulation (EC) No 1698/2005) The derogation provided for in the first subparagraph shall apply until 31 December 2008. As from 1 January 2009 a farmer receiving payments under the single area payment scheme shall respect the statutory management requirements referred to in Annex III of Regulation (EC) No 1782/2003 according to the following timetable: The derogation provided for in the first subparagraph shall apply until 31 December 2008. As from 1 January 2009 a farmer receiving payments under the single area payment scheme shall respect the statutory management requirements referred to in Annex III of Regulation (EC) No 1782/2003 according to the following timetable: (a) requirements referred to in point A shall apply from1 January 2009; (a) requirements referred to in point A shall apply from1 January 2009; (b) requirements referred to in point B shall apply from 1 January 2010; (b) requirements referred to in point B shall apply from 1 January 2011; (c) requirements referred to in point C shall apply from 1 January 2011. (c) requirements referred to in point C shall apply from 1 January 2013. However, for Bulgaria and Romania, the application of Articles 3, 4, 6, 7 and 9 of Regulation (EC) No 1782/2003 shall be optional until 31 December 2011 insofar as those provisions relate to statutory management requirements. As from 1 January 2012 a farmer receiving payments under the single area payment scheme shall respect the statutory management requirements referred to in Annex III of Regulation (EC) No 1782/2003 according to the following timetable: However, for Bulgaria and Romania, the application of Articles 3, 4, 6, 7 and 9 of Regulation (EC) No 1782/2003 shall be optional until 31 December 2011 insofar as those provisions relate to statutory management requirements. As from 1 January 2012 a farmer receiving payments under the single area payment scheme shall respect the statutory management requirements referred to in Annex III of Regulation (EC) No 1782/2003 according to the following timetable: (a) requirements referred to in point A shall apply from 1 January 2012; (a) requirements referred to in point A shall apply from 1 January 2012; (b) requirements referred to in point B shall apply from 1 January 2013; (b) requirements referred to in point B shall apply from 1 January 2014; (c) requirements referred to in point C shall apply from 1 January 2014. (c) requirements referred to in point C shall apply from 1 January 2016.

Declaration of the European Parliament on origin marking

P6_TA(2007)0599 P6_DCL(2007)0075

The European Parliament,

–   having regard to its resolution of 6 July 2006 on origin marking(1),

–   having regard to Rule 116 of its Rules of Procedure,

A.   whereas the European Union attaches the utmost importance to transparency for the benefit of consumers, and whereas information on the origin of goods is vital in that respect,

B.   whereas the number of cases of misleading and fraudulent indications of origin on goods imported into the Union is increasing, potentially jeopardising consumer safety,

C.   whereas the Lisbon Agenda aims at strengthening the EU's economy by improving the global competitiveness of EU industry,

D.   whereas a number of the EU's major trading partners, such as the United States, Japan and Canada, have introduced mandatory origin-marking requirements,

1.  Emphasises once again the right of European consumers to immediate access to information about their purchases; stresses that fraudulent indications concerning product origin are, like any kind of fraud, unacceptable; believes that a level playing field with the EU's trading partners must be guaranteed, in line with a fair trade agenda;

2.  Fully supports the Commission's proposal for a Council regulation on the indication of the country of origin of certain products imported from third countries;

3.  Calls on the Member States to adopt the regulation without delay, in the interests of consumers, industry and competitiveness in the EU;

4.  Instructs its President to forward this declaration, together with the names of the signatories, to the Council, the Commission and the governments and parliaments of the Member States.

(1) OJ C 303 E, 13.12.2006, p. 881.