Index 
Texts adopted
Tuesday, 20 May 2008 - Strasbourg
Comparability of vocational training qualifications between the Member States ***I
 Simplifying procedures for listing and publishing information in the veterinary and zootechnical fields *
 The return of cultural objects unlawfully removed from the territory of a Member State (codified version) ***I
 Fuel Cells and Hydrogen Joint Undertaking *
 Community Tobacco Fund *
 The evaluation of the PEACE Programme
 Meat and livestock statistics ***I
 Employment Policy Guidelines for Member States *
 2009 budget: Parliament's estimates
 Trade in raw materials and commodities
 Outermost regions
 EU consumer policy strategy 2007-2013
 Progress made in equal-opportunities and non-discrimination in the EU (transposition of Directives 2000/43/EC and 2000/78/EC)
 An Integrated Maritime Policy for the European Union

Comparability of vocational training qualifications between the Member States ***I
PDF 189kWORD 29k
European Parliament legislative resolution of 20 May 2008 on the proposal for a decision of the European Parliament and of the Council repealing Council Decision 85/368/EEC on the comparability of vocational training qualifications between the Member States of the European Community (COM(2007)0680 – C6-0398/2007 – 2007/0234(COD))
P6_TA(2008)0200A6-0132/2008

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0680),

–   having regard to Articles 251(2) and 150(4) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0398/2007),

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

–   having regard to the report of the Committee on Employment and Social Affairs (A6-0132/2008),

1.  Approves the Commission proposal;

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

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


Simplifying procedures for listing and publishing information in the veterinary and zootechnical fields *
PDF 190kWORD 30k
European Parliament legislative resolution of 20 May 2008 on the proposal for a Council directive simplifying procedures of listing and publishing information in the veterinary and zootechnical fields and amending Directives 64/432/EEC, 77/504/EEC, 88/407/EEC, 88/661/EEC, 89/361/EEC, 89/556/EEC, 90/427/EEC, 90/428/EEC, 90/429/EEC, 90/539/EEC, 91/68/EEC, 92/35/EEC, 92/65/EEC, 92/66/EEC, 92/119/EEC, 94/28/EC, 2000/75/EC, Decision 2000/258/EC and Directives 2001/89/EC, 2002/60/EC, and 2005/94/EC (COM(2008)0120 – C6-0156/2008 – 2008/0046(CNS))
P6_TA(2008)0201A6-0160/2008

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0120),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0156/2008),

–   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 (A6-0160/2008),

1.  Approves the Commission proposal;

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

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

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


The return of cultural objects unlawfully removed from the territory of a Member State (codified version) ***I
PDF 193kWORD 31k
European Parliament legislative resolution of 20 May 2008 on the proposal for a directive of the European Parliament and of the Council on the return of cultural objects unlawfully removed from the territory of a Member State (codified version) (COM(2007)0873 – C6-0025/2008 – 2007/0299(COD))
P6_TA(2008)0202A6-0152/2008

(Codecision procedure – codification)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0873),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0025/2008),

–   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 (A6-0152/2008),

1.  Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission;

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

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


Fuel Cells and Hydrogen Joint Undertaking *
PDF 457kWORD 287k
European Parliament legislative resolution of 20 May 2008 on the proposal for a Council regulation setting up the Fuel Cells and Hydrogen Joint Undertaking (COM(2007)0571 – C6-0446/2007 – 2007/0211(CNS))
P6_TA(2008)0203A6-0145/2008

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0571),

–   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 (C6-0446/2007),

–   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 (A6-0145/2008),

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 shall be evaluated in the context of the negotiations for the next financial framework;

3.  Points out 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 Fuel Cells and Hydrogen 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 the Commission.

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Recital 7 a (new)
(7a)  In March 2007, the implementation panel of the European Hydrogen and Fuel Cell Technology Platform adopted an implementation plan in which it was estimated that a budget of EUR 7,4 billion would be needed over the period 2007-2015 to meet the technological challenges, of which a third should be spent on research and development. In order for the EU to be able to develop technologies that are sustainable in the long term, a significant part of this budget for research and development should be allocated to breakthrough-oriented research.
Amendment 2
Recital 9
(9)  The objective of the JTI on "Fuel Cells and Hydrogen" is to implement a programme of research, technological development and demonstration activities in Europe in the fields of fuel cells and hydrogen. These should be carried out with the cooperation and involvement of stakeholders from industry including SMEs, research centres, universities, and regions.
(9)  The objective of the JTI on "Fuel Cells and Hydrogen" is to implement a programme of research, technological development and demonstration activities in Europe in the fields of fuel cells and hydrogen. These activities, which should build on the work carried out by the European Hydrogen and Fuel Cell Technology Platform, should be carried out with the cooperation and involvement of stakeholders from industry including SMEs, research centres, universities, and regions.
Amendment 3
Recital 10
(10)  Taking into account the public private partnership involving major stakeholders and its long term activity, the generated socio-economic benefits for European citizens, the pooling of financial resources and co-financing in the field of fuel cells and hydrogen RTD&D activity provided by the Commission and industry, the high scientific and technical expertise required, and the input of industrial property rights, it is vital to set up a Fuel Cells and Hydrogen Joint Undertaking (hereinafter the "FCH Joint Undertaking") under Article 171 of the Treaty. This legal entity should ensure the coordinated use and efficient management of the funds assigned to the JTI on "Fuel Cells and Hydrogen". To ensure the appropriate management of activities initiated but not concluded during the Seventh Framework Programme (2007-2013) the FCH Joint Undertaking should be set up for an initial period of 10 years ending on 31 December 2017. This period may be extended.
(10)  Taking into account the public private partnership involving major stakeholders and its long term activity, the generated socio-economic benefits for European citizens, the pooling of financial resources and co-financing in the field of fuel cells and hydrogen RTD&D activity provided by the Commission and industry, the high scientific and technical expertise required, and the input of industrial property rights, it is vital to set up a Fuel Cells and Hydrogen Joint Undertaking (hereinafter the "FCH Joint Undertaking") under Article 171 of the Treaty. This legal entity should ensure the coordinated use and efficient management of the funds assigned to the JTI on "Fuel Cells and Hydrogen". To ensure the appropriate management of activities initiated but not concluded during the Seventh Framework Programme (2007-2013) the FCH 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 4
Recital 10 a (new)
(10a)  Significant breakthroughs in a number of fields are needed in order for fuel cell and hydrogen technologies to be effectively deployed. The Commission should therefore play a key role in ensuring that proper emphasis is put on long-term research and that adequate support is given to it, taking into account advice provided by the advisory bodies of the FCH Joint Undertaking, namely the Scientific Committee and the High Level Member States Group.
Amendment 5
Recital 11 a (new)
(11a)  The participation of SMEs, research centres and universities in the RTD activities should be promoted. In line with the Rules for Participation in the Seventh Framework Programme, the maximum level of public funding of eligible costs should, in the case of SMEs, research centres and universities, be fifty percent higher than for other entities.
Amendment 6
Recital 12
(12)  The Founding Members of the FCH Joint Undertaking should be the European Community and the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping (hereinafter the 'Industry Grouping'), which represents the interests of industry and is open to private companies. A Research Grouping may become a member of the FCH Joint Undertaking.
(12)  The Founding Members of the FCH Joint Undertaking should be the European Community, represented by the Commission, and the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping (hereinafter the 'Industry Grouping'), which represents the interests of industry and is open to private companies and fuel cell and hydrogen industry associations. A Research Grouping may become a member of the FCH Joint Undertaking.
Amendment 7
Recital 13
(13)  The running costs of the FCH Joint Undertaking should be covered equally in cash by the European Community and the Industry Grouping from the outset. If the Research Grouping is established it should contribute to 1/12 of the running costs.
(13)  The running costs of the FCH Joint Undertaking should be covered equally in cash by the European Community and the Industry Grouping from the outset. If the Research Grouping is established it should also contribute to the running costs.
Amendment 8
Recital 13 a (new)
(13a)  The running costs, and in particular the administrative costs, should be kept to an absolute minimum and full use should be made of the resources and organisational systems of existing bodies.
Amendment 9
Recital 14
(14)  The operational costs for RTD&D should be funded by the Community and the private sector.
(14)  The operational costs should be funded by the Community, industry and other public and private legal entities participating in the activities. Further financing may be available, inter alia, from the European Investment Bank (EIB), in particular under the Risk-Sharing Finance Facility developed jointly by the EIB and the Commission pursuant to Annex III to Decision No 2006/971/EC.
Amendment 10
Recital 14 a (new)
(14a)  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 FCH Joint Undertaking. The remaining staff should be recruited by the FCH Joint Undertaking in accordance with the host country employment regulations.
Amendment 11
Recital 15
(15)  The FCH Joint Undertaking should be a body set up by the Community 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 the JTI as a public-private partnership and in particular from the private-sector contribution to the budget.
(15)  The FCH Joint Undertaking should be a body set up by the Community and discharge for the implementation of its budget should be given by the European Parliament, taking into account a recommendation of the Council.
Amendment 12
Recital 16
(16)  The FCH Joint Undertaking should adopt, subject to prior consultation with the Commission, specific financial provisions based on the principles of the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities. Those provisions should take into account its specific operating needs arising, in particular, from the need to combine Community and private funding.
(16)  The financial rules applicable to the FCH 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. The prior consent of the Commission should be required for the adoption of any rules which derogate from Regulation (EC, Euratom) No 2343/2002. The budgetary authority should be informed of such derogation.
______________________
OJ L 357, 31.12.2002, p. 72. Corrigendum in OJ L 2, 7.1.2003, p. 39.
Amendment 13
Article 1
1.  For the implementation of the Joint Technology Initiative (hereinafter 'JTI') on 'Fuel Cells and Hydrogen', a Joint Undertaking (hereinafter the "FCH Joint Undertaking") within the meaning of Article 171 of the Treaty 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 'Fuel Cells and Hydrogen', a Joint Undertaking (hereinafter the "FCH Joint Undertaking") within the meaning of Article 171 of the Treaty 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.
2.  The FCH Joint Undertaking shall have legal personality. In the Member States, it shall enjoy the most extensive legal capacity accorded to legal persons under the laws of those States. It may, in particular, acquire or dispose of movable and immovable property and be a party to legal proceedings.
2.  The FCH Joint Undertaking shall be a body as referred to in Article 185 of the Financial Regulation and Point 47 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management of 17 May 20061. In all the Member States it shall enjoy the most extensive legal capacity accorded to legal persons under the laws of those states. It may, in particular, acquire and dispose of movable and immovable property and be a party to legal proceedings.
3.  The FCH Joint Undertaking shall be considered as an international body within the meaning of Article 22(c) of Directive 2004/17/EC and of Article 15(c) of Directive 2004/18/EC.
4.  The FCH Joint Undertaking shall be located in Brussels, Belgium.
4.  The FCH Joint Undertaking shall be located in Brussels, Belgium.
5.  The Statutes of the FCH Joint Undertaking are set out in Annex.
5.  The Statutes of the FCH Joint Undertaking are set out in Annex.
________________________________
1 OJ C 139, 14.6.2006, p. 1. Agreement as amended by Decision 2008/29/EC of the European Parliament and of the Council of 18 December 2007 (OJ L 6, 10.1.2008, p. 7).
Amendment 14
Article 2 – paragraph 2
2.  It shall, in particular:
2.  It shall, in particular:
(-a) aim at placing the European Union at the forefront of fuel cell and hydrogen technologies and at enabling the market breakthrough of fuel cell and hydrogen technologies, so that the substantial benefits expected of such technology can be achieved by the market;
(a) support research, technological development and demonstration (RTD&D) in the Member States and Associated countries in a coordinated manner to overcome the market failure and focus on developing market applications and thereby facilitate additional industrial efforts towards a rapid deployment of fuel cells and hydrogen technologies;
(a) support research, technological development and demonstration (RTD) in the Member States and countries associated with the Seventh Framework Programme (hereafter referred to as "Associated Countries") in a coordinated manner to overcome the market failure and focus on developing market applications and thereby facilitate additional industrial efforts towards a rapid deployment of fuel cells and hydrogen technologies;
(b) support the implementation of the research priorities of the JTI on Fuel Cells and Hydrogen, notably by awarding grants following competitive calls for proposals;
(b) support the implementation of the research priorities of the JTI on Fuel Cells and Hydrogen, including breakthrough-oriented research, notably by awarding grants following competitive calls for proposals;
(c) aim to encourage increased public and private research investment in fuel cells and hydrogen technologies in the Members States and Associated countries;
(c) aim to encourage increased public and private research investment in fuel cells and hydrogen technologies in the Members States and Associated countries;
(d) conclude service and supply contracts necessary for the functioning of the FCH Joint Undertaking;
(e) ensure the efficiency and effectiveness of the JTI on Fuel Cells and Hydrogen.
Amendment 15
Article 3
Article 3
deleted
Members
1.  The founding members of the FCH Joint Undertaking (hereinafter 'founding members') shall be:
(a) the European Community, represented by the Commission, and
(b) the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping Aisbl established under Belgian law (hereinafter the 'Industry Grouping').
2.  A Research Grouping, representing non-profit research organisations, universities and research centres, may become a member (hereinafter the "member") provided that an entity to represent the research community has been established. If the Research Grouping is set up it shall have one seat in the Governing Board.
Amendment 16
Article 4
Article 4
deleted
Bodies
1.  Executive bodies of the FCH Joint Undertaking shall be:
(a) the Governing Board, and
(b) the Programme Office.
2.  Advisory bodies of the FCH Joint Undertaking shall be:
(a) the High Level Member States Group, and
(b) the Scientific Committee.
3.  The Stakeholders General Assembly shall be a forum for consultation on the progress, state of the art, future alignment and direction of the research activities.
The Stakeholders General Assembly shall be open to all public and private stakeholders, international interests groups from Member States as well as from third countries. It shall be convened once a year.
Amendment 17
Article 5
Sources of financing
Community contribution
1.  The activities of the FCH Joint Undertaking shall be jointly funded through contributions from its founding members and member. In addition, contributions to the projects may also be accepted from Member States, Associated States, regions or other stakeholders sharing the objectives of the JTI.
2.  The running costs of the FCH Joint Undertaking shall be covered equally in cash by the European Community and the Industry Grouping from the outset. If the Research Grouping is established it shall contribute to 1/12 of the running costs. In such a case, the Commission contribution will decrease correspondingly.
3.  The operational costs for RTD&D shall be jointly funded through the financial contribution of the Community and through in-kind contributions from the private legal entities participating in the activities, corresponding to an amount at least equal to the Community's contributions.
4.  The maximum Community contribution to the FCH Joint Undertaking running costs and operational costs shall be 470 million EUR. The running costs are estimated not to exceed 20 million EUR. The contributions shall come from the 'Cooperation' Specific Programme implementing the Seventh Framework Programme for research, technological development and demonstration (2007-2013) implementing the Community budget according to the provisions of Article 54(2)(b) of Regulation (EC, Euratom) No 1605/2002. The arrangements for the Community financial contribution shall be established by means of a general agreement and annual financial agreements to be concluded between the Commission, on behalf of the Community, and the FCH Joint Undertaking.
4.  The initial Community contribution to the FCH Joint Undertaking running costs (including administrative costs) and operational costs shall be EUR 470 million. The contribution shall be paid from the appropriations in the general budget of the European Union allocated to the "Energy", "Nanosciences, Nanotechnologies, Materials and New Production Technologies", "Environment (including Climate Change)", and "Transport (including Aeronautics)" themes of the Specific Programme Cooperation implementing the Seventh Framework Programme for research, technological development and demonstration (2007-2013) implementing the Community budget according to the provisions of Article 54(2)(b) of Regulation (EC, Euratom) No 1605/2002. This contribution may be revised during a mid-term review in light of progress made and the achievements and impact of the FCH Joint Undertaking.
5.   Unless funding is provided after 2013 (when FP7 ends) only projects for which a grant agreement has been signed at the latest by 31 December 2013 shall continue in the years 2014-2017.
5.   The arrangements for the Community financial contribution shall be established by means of a general agreement and annual financial agreements to be concluded between the Commission, on behalf of the Community, and the FCH Joint Undertaking.
5a.   The part of the Community contribution to the FCH Joint Undertaking for the funding of RTD activities shall be granted following open, competitive calls for proposals and an evaluation, completed with the assistance of independent experts, of the proposed project.
5b.   The Commission's contribution to running costs shall not exceed EUR 20 million, payable in annual instalments of up to EUR 2 million; any part of this contribution not spent during the current year shall be made available in the following years for the RTD activities.
Amendment 18
Article 6
Article 6
deleted
Participation in projects
1.  Participation in projects shall be open to legal entities and international organisations established in a Member State, and Associated Country or any third country once the minimum conditions have been satisfied.
2.  The minimum conditions to be fulfilled for projects funded by the FCH Joint Undertaking shall be the following:
(a) at least three legal entities must participate, each of which must be established in a Member State or Associated country, and no two of which may be established in the same Member State or Associated country;
(b) all three legal entities must be independent of each other as defined in Article 6 of Regulation (EC) No 1906/2006 of the European Parliament and of the Council laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013);
(c) at least one legal entity must be a member of the Industry Grouping or the Research Grouping, if such Research Grouping is established.
3.  The legal entities wishing to participate in a project shall form a consortium and appoint one of their members to act as its coordinator. Normally the coordinator shall be a member of the Industry Grouping, or a member of the Research Grouping, if such Research Grouping is established. Exceptions shall be approved by the Governing Board.
4.  The minimum condition for service and supply contracts, support actions, studies and training activities funded by the FCH Joint Undertaking shall be the participation of one legal entity.
Amendment 19
Article 7
Article 7
deleted
Eligibility for funding
1.  The Community contribution to the FCH Joint Undertaking for the funding of the RTD&D activities shall be granted following competitive calls for proposals.
2.  In exceptional cases the FCH Joint Undertaking may issue calls for tenders, if it is deemed appropriate for the effective pursuance of the research objectives.
3.  Private legal entities fulfilling all the following criteria shall be eligible for such funding:
(a) they are established in a Member State or have their registered office, central or principal place of business within a state that is a contracting party to the European Economic Area Agreement or which is an Associated or Candidate country;
(b) they have relevant activities in RTD&D, industrialization or deployment for fuel cells and/or hydrogen and/or concrete plans to do so in the near future within the European Union or the European Economic Area.
4.  The following shall also be eligible for funding:
(a) non-profit public bodies established in a Member State, Associated country, Candidate Country or within the EEA, including secondary and higher education establishments;
(b) international organisations, which have legal personality under international public law, as well as any specialised agencies set up by such intergovernmental organisations;
(c) legal entities from third countries, provided that the Governing Board considers their participation to be of particular benefit to the project.
Amendment 20
Article 8 – paragraph 1
1.  The FCH Joint Undertaking's financial provisions shall be based on the principles of Regulation (EC, Euratom) No 1605/2002. It may depart from Regulation (EC, Euratom) No 1605/2002 where the specific operating needs of the FCH Joint Undertaking so require, subject to prior consent of the Commission.
1.  The financial rules applicable to the FCH Joint Undertaking shall not depart from Regulation (EC, Euratom) No 2343/2002, unless its specific operating needs so require and subject to prior consent of the Commission. The budgetary authority shall be informed of such derogation.
Amendment 21
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 FCH Joint Undertaking.
1.  The FCH Joint Undertaking shall recruit its staff in accordance with the employment rules in force in the host country. The Commission may second to the FCH Joint Undertaking as many officials as it regards necessary.
Amendment 22
Article 9 – paragraph 2
2.  In respect of its staff, the FCH 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 23
Article 9 – paragraph 3
3.  The Governing Board shall, in agreement with the Commission, adopt the necessary implementing measures, in accordance with 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 concerning the secondment of officials of the European Communities.
Amendment 24
Article 10
Article 10
deleted
Privileges and Immunities
The Protocol on the Privileges and Immunities of the European Communities shall apply to the FCH Joint Undertaking and its staff.
Amendment 25
Article 13
1.  The Commission shall present to the European Parliament and to the Council an annual report on the progress achieved by the FCH Joint Undertaking.
1.  The Commission shall present to the European Parliament and to the Council an annual report on the progress achieved by the FCH Joint Undertaking. The report shall include the number of proposals submitted, the number of proposals selected for funding, the types of participant (including SMEs) and country statistics.
2.  Two years after the establishment of the FCH Joint Undertaking, but in any case no later than 2010, the Commission shall conduct an interim evaluation of the FCH Joint Undertaking with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the FCH Joint Undertaking and progress towards its objectives. The Commission shall communicate the conclusions thereof, accompanied by its observations to the European Parliament and to the Council.
2.  By no later than 31 December 2011 and 31 December 2014, the Commission shall present interim evaluations of the FCH Joint Undertaking carried out with the assistance of independent experts. This evaluation shall cover the quality and efficiency of the FCH Joint Undertaking and progress towards its objectives. The Commission shall communicate the conclusions thereof, accompanied by its observations and, where appropriate, proposals for the amendment of this Regulation to the European Parliament and to the Council.
3.   At the end of 2017, the Commission shall conduct a final evaluation of the FCH 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.
3.  No later than six months after the end of the FCH Joint Undertaking, the Commission shall conduct a final evaluation of the FCH 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.  Discharge for the implementation of the budget of the FCH Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council, in accordance with a procedure laid down by the Financial Regulation of the FCH Joint Undertaking.
4.  Discharge for the implementation of the budget of the FCH Joint Undertaking shall be given by the European Parliament, taking into account a recommendation of the Council.
Amendment 26
Article 17
The FCH Joint Undertaking shall adopt rules governing the use and dissemination of RTD&D results, including provisions concerning the exercise, where appropriate, of intellectual property rights generated in RTD&D activities under this Regulation. These rules shall ensure that RTD&D results are used and disseminated.
The FCH Joint Undertaking shall adopt rules governing the use and dissemination of research results based on the principles enshrined in Regulation (EC) 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013)1 (hereafter referred to as "the rules for participation in the Seventh Framework Programme"), that ensure that, where appropriate, intellectual property arising by virtue of RTD activities under this Regulation is protected, and that research results are used and disseminated.
_______________________
1 OJ L 391, 30.12.2006, p.1.
Amendment 27
Article 19
A host agreement shall be concluded between the FCH Joint Undertaking and Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to the FCH Joint Undertaking.
A host agreement shall be concluded between the FCH Joint Undertaking and Belgium concerning the host State's assistance with regard to office accommodation, privileges and immunities and other support to be provided by Belgium to the FCH Joint Undertaking.
Amendment 28
Annex – Article I.1 – paragraph 3
3.  The FCH Joint Undertaking shall be established as from the day of publication of this Regulation in the Official Journal of the European Union for an initial period ending on 31 December 2017.
3.  The FCH Joint Undertaking shall be established as from the day of publication of this Regulation in the Official Journal of the European Union for an initial period ending on 31 December 2017. It 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 I.2
Objectives and main tasks
Main tasks and activities
1.  The FCH Joint Undertaking shall work within the scope of FP7 towards enabling the market breakthrough of fuel cell and hydrogen technologies, thereby allowing commercial market forces to drive the substantial potential public benefits.
1.   The main tasks and activities of the FCH Joint Undertaking shall be the following:
2.  The objectives include:
– to place Europe at the forefront of fuel cell and hydrogen technologies worldwide;
a) to ensure the establishment and efficient management of the Joint Technology Initiative on Fuel Cells and Hydrogen;
to reach the critical mass of research effort to give confidence to industry, public and private investors, decision-makers and other stakeholders to embark on a long-term programme;
b) to reach the critical mass of research effort to give confidence to industry, public and private investors, decision-makers and other stakeholders to embark on a long-term programme;
to leverage further industrial, national and regional RTD&D investment;
c) to leverage further industrial, national and regional RTD&D investment;
– to build the European Research Area through close cooperation with research carried out at national and regional levels - whilst respecting subsidiarity;
to integrate research, technological development and demonstration, and focus on achieving long-term sustainability and industrial competitiveness targets for cost, performance and durability and overcome critical technology bottlenecks;
d) to integrate research, technological development and demonstration, and focus on achieving long-term sustainability and industrial competitiveness targets for cost, performance and durability and overcome critical technology bottlenecks;
to stimulate innovation and the emergence of new value chains including SMEs;
e) to stimulate innovation and the emergence of new value chains including SMEs;
to facilitate the interaction between industry, universities and research centres including on basic research;
f) to facilitate the interaction between industry, universities and research centres including on basic research;
g) to promote the involvement of SMEs in its activities, in accordance with the objectives of the Seventh Framework Programme;
to encourage the participation of institutions from all, including the new Member States and Candidate countries;
h) to encourage the participation of institutions from all Member States and Associated countries;
to perform broadly-conceived socio-techno-economic research to assess and monitor technological progress and non-technical barriers to market entry;
i) to perform broadly-conceived socio-techno-economic research to assess and monitor technological progress and non-technical barriers to market entry;
to perform research to support the development of new, and review existing regulations and standards to eliminate artificial barriers to market entry and support interchangeability, inter-operability, cross-border hydrogen trading, and export markets whilst ensuring safe operation and not inhibiting innovation;
j) to perform research to support the development of new, and review existing regulations and standards to eliminate artificial barriers to market entry and support interchangeability, inter-operability, cross-border hydrogen trading, and export markets whilst ensuring safe operation and not inhibiting innovation;
to provide reliable information to improve the public awareness and create public acceptance concerning hydrogen safety, and the benefits from the new technologies to the environment, security of supply, energy costs, and employment.
k) to communicate and disseminate valuable information concerning its activities, especially to SMEs and research centres and to provide reliable information to improve the public awareness and create public acceptance concerning hydrogen safety, and the benefits from the new technologies to the environment, security of supply, energy costs, and employment.
3.  The main tasks of the FCH Joint Undertaking shall be to ensure the establishment and the efficient management of the Joint Technology Initiative on Fuel Cells and Hydrogen.
4.  This includes:
to establish and implement a multi-annual research activity plan;
l) to establish and implement a multi-annual research activity plan;
to commit the Community funding and mobilise the private-sector and other public-sector resources needed to implement its RTD&D activities;
m) to commit the Community funding and mobilise the private-sector and other public-sector resources needed to implement its RTD activities;
to ensure the sound operation of the RTD&D activities and sound financial management of the resources;
n) to ensure the sound operation of the RTD activities and sound financial management of the resources;
– to cooperate with and consult with the High Level Member States Group;
– to cooperate with and consult with the Scientific Committee;
– to organise annual meetings of the Stakeholders" General Assembly;
to communicate and disseminate information on the projects, including the names of the participants, the results from the RTD&D activities, and the amount of the financial contribution from the FCH Joint Undertaking;
o) to communicate and disseminate information on the projects, including the names of the participants, the results from the RTD activities, and the amount of the financial contribution from the FCH Joint Undertaking;
to notify the legal entities that have concluded a Grant Agreement with the FCH Joint Undertaking of the potential borrowing opportunities from the European Investment Bank, in particular the Risk Sharing Finance Facility set up under the Seventh Framework Programme;
p) to notify the legal entities that have concluded a Grant Agreement with the FCH Joint Undertaking of the potential borrowing opportunities from the European Investment Bank, in particular the Risk Sharing Finance Facility set up under the Seventh Framework Programme;
to ensure a high level of transparency and fair competition under equal access conditions for all applicants to the research and demonstration activities of the FCH Joint Undertaking, whether or not they are members of the Research Grouping or the Industry Grouping, (in particular small and medium-sized enterprises);
q) to ensure a high level of transparency and fair competition under equal access conditions for all applicants to the research and demonstration activities of the FCH Joint Undertaking, whether or not they are members of the Research Grouping or the Industry Grouping, (in particular small and medium-sized enterprises);
to follow the international developments in the area and engage in international cooperation when appropriate.
r) to follow the international developments in the area and engage in international cooperation when appropriate.
s) to develop close cooperation and ensure coordination with the Seventh Framework Programme and other EU, national and trans-national activities, bodies and stakeholders;
t) to monitor progress toward achievement of the objectives of the FCH Joint Undertaking;
u) to carry out any other activity needed to achieve its objectives.
Amendment 30
Annex – Article I.3
Members and interest groups
Members
1.  The founding members (hereinafter referred to as the "Founding Members") of the FCH Joint Undertaking shall be:
1.  The founding members (hereinafter referred to as the "Founding Members") of the FCH Joint Undertaking shall be:
the European Community, represented by the European Commission, and
a) the European Community, represented by the European Commission, and
the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping Aisbl established under Belgian law (hereinafter referred to as the "Industry Grouping").
b) upon acceptance of the Statutes, the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping Aisbl, a non-profit organisation established under Belgian law whose purpose is to contribute to achieving the objectives of the FCH Joint Undertaking (hereinafter referred to as the "Industry Grouping").
2.  The Industry Grouping:
2.  The Industry Grouping shall:
– is a non-profit organisation whose purpose is to contribute to achieving the objectives of the FCH Joint Undertaking;
– is legally established under Belgian law, and operating under its registered by-laws duly adopted to pertain to the Joint Technology Initiative;
shall ensure that its contribution to the resources of the FCH Joint Undertaking, according to Article 5 of this Regulation is provided in advance as a cash contribution to cover 50% of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking before the start of each financial year;
– ensure that its contribution to the resources of the FCH Joint Undertaking, according to the provisions of this Regulation is provided in advance as a cash contribution to cover 50% of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking before the start of each financial year;
shall ensure that industry's contribution to the achievement of the RTD&D activities funded by the FCH Joint Undertaking is provided in kind and covers a minimum of 50% of the total project costs, calculated on a yearly basis;
– ensure that industry's contribution to the achievement of the RTD activities funded by the FCH Joint Undertaking at least matches the Community contribution;
is open to membership by any private legal entity (including small and medium-sized enterprises), formed in accordance with the law of a Member State, Associated country or EEA state and having its registered office, central administration or principal place of business within the above area, provided it is active in the field of fuel cells and hydrogen in Europe, and is committed to contribute to the objectives and resources of the FCH Joint Undertaking.
be open to membership, on fair and reasonable terms, by any private legal entity (including small and medium-sized enterprises and relevant fuel cell and hydrogen industry associations), formed in accordance with the law of a Member State or Associated country and having its registered office, central administration or principal place of business within the above area, provided it is active in the field of fuel cells and hydrogen in Europe, and is committed to contribute to the objectives and resources of the FCH Joint Undertaking.
3.  A Research Grouping, representing non-profit research organisations, universities and research centres, may become a member, after the establishment of the FCH Joint Undertaking, provided an entity to represent the research community has been established. The application from the Research Grouping shall be addressed to and decided upon by the Governing Board.
3.  A Research Grouping may become a member, after the establishment of the FCH Joint Undertaking, provided that it has accepted these Statutes.
4.  The Research Grouping shall:
4.  The Research Grouping shall:
– be a non-profit organisation whose purpose is to contribute to achieving the objectives of the FCH Joint Undertaking;
– be a non-profit organisation whose purpose is to contribute to achieving the objectives of the FCH Joint Undertaking;
– be legally established under Belgian law and operate under its registered by-laws duly adopted to pertain to the Joint Technology Initiative;
– be legally established under Belgian law and operate under its registered by-laws duly adopted to pertain to the Joint Technology Initiative;
– ensure that its contribution to the resources of the FCH Joint Undertaking is provided in advance as a cash contribution to cover 1/12 of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking before the start of each financial year;
– ensure that its contribution to the resources of the FCH Joint Undertaking is provided in advance as a cash contribution to cover 1/20 of the running costs of the FCH Joint Undertaking and transferred to the budget of the FCH Joint Undertaking before the start of each financial year;
– be open to membership by any non-profit research organisation, university or research centre established in a Member State, an Associated country or Candidate country.
5.  A Founding Member may terminate its membership of the FCH Joint Undertaking. The FCH Joint Undertaking shall then be wound up as provided for in Article I.22.
5.  A Founding Member may terminate its membership of the FCH Joint Undertaking. The FCH Joint Undertaking shall then be wound up as provided for in Article I.22.
6.  The Research Grouping may terminate its membership of the FCH Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the Founding members following which the leaving Member shall be discharged from any obligations other than those approved by the FCH Joint Undertaking prior to the membership termination.
6.  The Research Grouping may terminate its membership of the FCH Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the Founding members following which the leaving Member shall be discharged from any obligations other than those approved by the FCH Joint Undertaking prior to the membership termination.
Amendment 31
Annex – Article I.4
The executive bodies of the FCH Joint Undertaking shall be the Governing Board and the Programme Office. The advisory bodies of the FCH Joint Undertaking shall be the High Level Member States Group, the Stakeholder's General Assembly and the Scientific Committee.
1.  The bodies of the FCH Joint Undertaking shall be:
(a) the Governing Board,
(b) the Executive Director,
(c) the Scientific Committee.
2.  Where any specific task does not fall within the normal competence of any of those bodies, the Governing Board shall be the competent body.
3.  The High Level Member States Group and the Stakeholders General Assembly shall be external advisory bodies to the FCH Joint Undertaking.
Amendment 32
Annex – Article I.5 – paragraph 2
2.  The Commission shall, in case the Research Grouping is established transfer one seat to its representative.
2.  The Commission shall, in case the Research Grouping is established, transfer at least one seat to its representative(s).
Amendment 33
Annex – Article I.5 – paragraph 4
4.  The Governing Board shall elect its chairperson. The chairperson shall be elected for 2 years.
4.  The Governing Board shall appoint its chairperson from among the representatives of the Industry Grouping. The chairperson shall be appointed for one year and may be re-appointed once. The representative of the SMEs and the representative of the Research Grouping shall be appointed vice-chairpersons.
Amendment 34
Annex – Article I.5 – paragraph 8
8.  The Governing Board may invite observers on a case by case basis, without voting rights, to attend their meetings, in particular representatives of the regions and of regulatory bodies.
8.  The Governing Board may invite observers on a case by case basis, without voting rights, to attend their meetings, in particular representatives of the regions and of regulatory bodies and relevant fuel cell and hydrogen sectoral industry associations.
Amendment 35
Annex – Article I.5 – paragraph 15 – indent 4 a (new)
– approve calls for proposals;
Amendment 36
Annex – Article I.5 – paragraph 15 – indent 6
justify and approve any deviation to the Financial Regulation of the FCH Joint Undertaking in accordance with Article 8;
– approve the financial rules of the FCH Joint Undertaking in accordance with Article 8 after consulting the Commission;
Amendment 37
Annex – Article I.5 – paragraph 15 – indent 6 a (new)
justify any wish to derogate from Regulation (EC, Euratom) No 2343/2002, approve any derogation after prior consent of the Commission and inform the budgetary authority of any derogation approved;
Amendment 38
Annex – Article I.6 – paragraph 6
6.  The Executive Director shall be the legal representative of the FCH Joint Undertaking. He/she shall perform his/her tasks with independence, and shall be accountable to the Governing Board.
6.  The Executive Director shall be the legal representative of the FCH Joint Undertaking. He/she shall perform his/her tasks with independence, especially insofar as concerns the selection of project proposals and management of projects, and shall be accountable to the Governing Board.
Amendment 39
Annex – Article I.6 – paragraph 8
8.  The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, for a maximum initial period of three years. After an evaluation of the Executive Director's performance, the Governing Board may extend the term of office once for a further period of not more than four years.
8.  The Executive Director shall be appointed by the Governing Board for a period of three years, following a call for expressions of interest published in the Official Journal of the European Union and in other publicly accessible periodicals or on internet sites. After an evaluation of the Executive Director's performance, the Governing Board may extend the term of office once for a further period of not more than four years, following which a call for expressions of interest shall be published in the same way.
Amendment 40
Annex – Article I.7 – paragraph 4
The Scientific Committee shall perform the following tasks:
give its opinion on the relevance and progress of the annual RTD&D activities and recommend any amendments;
give its opinion on the scientific priorities for the multi-annual RTD&D activities plan;
advise the Governing Board on the scientific achievements described in the annual activity report.
The Scientific Committee shall have the following tasks:
a) establish the scientific priorities for the proposals for the annual and multi-annual research activities plans;
b) give its opinion on the scientific achievements described in the annual activity report;
c) advise on the composition of the peer review committees.
Amendment 41
Annex – Article I.8 – paragraph 1
1.   The total contribution from the Community to the FCH Joint Undertaking covering running costs and operational costs for RTD&D activities shall not exceed 470 million EUR from the Seventh Framework Programme. The running costs are expected not to exceed 20 million EUR.
1.   The FCH Joint Undertaking shall be jointly funded by its Members by way of financial contributions paid in instalments and by in-kind contributions from legal entities participating in the activities. The running costs of the FCH Joint Undertaking shall be covered equally in cash by the Community and the Industry Grouping from the outset. As soon as the Research Grouping becomes a member of the FCH Joint Undertaking, it shall contribute to 1/20 of the running costs and the Commission's contribution to running costs will decrease correspondingly. The total contribution from the Community to the FCH Joint Undertaking's running costs shall not exceed EUR 20 million. If any part of the Community contribution remains unused, it shall be made available for the activities of the FCH Joint Undertaking.
Amendment 42
Annex – Article I.8 – paragraph 7
7.  The private sector, in particular the members of the Industry Grouping, shall contribute in kind to the operational costs of the projects. The in-kind contributions shall as a minimum match the public funding. The total level of the in-kind contributions, calculated on a yearly basis, shall be assessed once a year. The first assessment shall be initiated at the end of the second financial year after the start of the FCH Joint Undertaking. The assessment shall thereafter be performed each financial year by an independent entity. The results of the assessment shall be presented to the Commission within 4 months of the end of each financial year.
7.  The private sector, in particular the members of the Industry Grouping, shall contribute in kind to the operational costs of the projects. The in-kind contributions shall as a minimum match the public funding. In the event that the Joint Research Centre of the Commission participates in projects, its in-kind contribution shall not be considered part of the Community contribution. The total level of the in-kind contributions, calculated on a yearly basis, shall be assessed once a year. The first assessment shall be initiated at the end of the second financial year after the start of the FCH Joint Undertaking. The assessment shall thereafter be performed each financial year by an independent entity. The results of the assessment shall be presented to the Commission within 4 months of the end of each financial year.
Amendment 43
Annex – Article I.9 – paragraph 3
3.  The legal entities wishing to participate in a project shall form a consortium and appoint one of their members to act as its coordinator. Normally the coordinator shall be a member of the Industry Grouping or, a member of the Research Grouping, if such Research Grouping is established. Exceptions shall be approved by the Governing Board.
3.  The legal entities wishing to participate in a project shall form a consortium and appoint one of their members to act as its coordinator.
Amendment 44
Annex – Article I.9 a (new)
Article I.9 a
Implementation of RTD activities
1.  The FCH Joint Undertaking shall support RTD activities following open and competitive calls for proposals, independent evaluation and the conclusion for each project of a Grant Agreement and a Consortium Agreement.
2.  In exceptional cases the FCH Joint Undertaking may issue calls for tender, if it is deemed necessary for the effective pursuance of the research objectives.
3.  The FCH Joint Undertaking shall define the procedures and mechanisms for the implementation, supervision and control of Grant Agreements.
4.  The Grant Agreement shall:
– provide for the appropriate arrangements for carrying out the RTD activities;
– provide for the appropriate financial arrangements and ules relating to intellectual property rights as referred to in Article 17 of this Regulation;
– govern the relationship between the project consortium and the FCH Joint Undertaking.
5.  The Consortium agreement shall be concluded by the project participants prior to the conclusion of the Grant Agreement. It shall:
– provide for the appropriate arrangements for the implementation of the Grant Agreement;
– govern the relationship between the participants in a project, in particular the intellectual property rights provisions.
Amendment 45
Annex – Article I.10
Eligibility for funding
Funding of activities
1.   The Community contribution to the FCH Joint Undertaking shall be used for funding the RTD&D activities following competitive calls for proposals.
1.   The following entities shall be eligible for funding:
a)  Legal entities established in a Member State or an Associated country;
b)  International organisations, which have legal personality under international public law, as well as any specialised agencies set up by such organisations;
c)  Legal entities from third countries, provided that the Governing Board considers their participation to be of particular benefit to the project.
2.   In exceptional cases the FCH Joint Undertaking may issue calls for tenders, if it is deemed necessary for the effective pursuance of the research objectives.
2.   In order to be considered eligible for Community funding, costs incurred in the implementation of RTD activities shall be exclusive of value added tax.
3.   Private legal entities fulfilling all the following criteria shall be eligible for such funding:
3.  The upper funding limits of the Community financial contribution towards projects shall be aligned to comply with those laid down by the rules for participation in the Seventh Framework Programme. Where lower levels of funding are necessary to comply with the matching principles referred to in Article I.8, the decrease shall be fair proportional to the abovementioned upper funding limits of the rules for participation in the Seventh Framework Programme for all categories of participant in each individual project.
(a) they are established in a Member State or have their registered office, central or principal place of business within a state that is a contracting party to the European Economic Area Agreement or which is an Associated or Candidate country;
(b) they have relevant activities in RTD&D, industrialization or deployment for fuel cells and/or hydrogen and/or concrete plans to do so in the near future within the European Union or the European Economic Area.
4.  The following shall also be eligible for funding:
(a) non-profit public bodies established in a Member State, Associated country, Candidate Country or within the EEA, including secondary and higher education establishments;
(b) international organisations, which have legal personality under international public law, as well as any specialised agencies set up by such intergovernmental organisations;
(c) legal entities from third countries, provided that the Governing Board considers their participation to be of particular benefit to the project.
Amendment 46
Annex – Article I.11 – paragraph 1
1.  The FCH Joint Undertaking's financial provisions shall be based on the principles of Regulation (EC, Euratom) No 1605/2002. It may depart from Regulation (EC, Euratom) No 1605/2002 where the specific operating needs of the FCH Joint Undertaking so require, subject to prior consent of the Commission.
1.  The financial rules applicable to the FCH Joint Undertaking 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 derogate from Regulation (EC, Euratom) No 2343/2002. The budgetary authority shall be informed of such derogation.
Amendment 47
Annex – Article I.14 – 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. The annual accounts for the financial year shall be sent in the following year to the Commission's Accounting Officer according to the deadlines fixed by the Framework Financial Regulation so that the Commission's Accounting Officer can consolidate these into the EC annual accounts. The Joint Undertaking's annual accounts have to be prepared and audited following the EC Accounting Rules as adopted by the Commission's Accounting Officer.
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. The annual accounts for the financial year shall be sent in the following year to the Commission's Accounting Officer according to the deadlines fixed by the Framework Financial Regulation so that the Commission's Accounting Officer can consolidate these into the EC annual accounts. The annual accounts and the balance sheet for the previous year shall be submitted to the budgetary authority. The Joint Undertaking's annual accounts have to be prepared and audited following the EC Accounting Rules as adopted by the Commission's Accounting Officer.
Amendment 48
Annex – Article I.14 – paragraph 6
6.  Discharge for the implementation of the budget 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 FCH Joint Undertaking.
6.  Discharge for the implementation of the budget of the FCH Joint Undertaking shall be given by the European Parliament, taking into account a recommendation from the Council, in accordance with a procedure that shall be provided for by the financial rules of the FCH Joint Undertaking.
Amendment 49
Annex – Article I.16 – 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 budget of the European Union.
Amendment 50
Annex – Article I.16 – paragraph 2
2.  The members of the staff of the FCH 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 51
Annex – Article I.19
Grant Agreement and Consortium Agreement
deleted
1.  The FCH Joint Undertaking shall support RTD&D activities following competitive calls for proposals, independent evaluation, and the conclusion for each project of a Grant Agreement and a Consortium Agreement.
2.  The FCH Joint Undertaking shall define the procedures and mechanisms for the implementation, supervision and control of Grant Agreements.
3.  The Grant Agreement shall:
– provide for the appropriate arrangements for the implementation of the RTD&D activities;
– provide for the appropriate financial arrangements and the rules relating to intellectual property rights on the basis of the principles as set out in Article I.24;
– govern the relationship between the project consortium and the FCH Joint Undertaking.
4.  The Consortium agreement shall:
– be concluded by the project participants prior to the conclusion of the Grant Agreement;
– provide for the appropriate arrangements for the implementation of the Grant Agreement;
– govern the relationship between the participants in a project, in particular the Intellectual Property Rights provisions.

(1) OJ L 248, 16.9.2002, p.1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).
(2) OJ C 139, 14.6.2006, p.1. Agreement as amended by Decision 2008/29/EC (OJ L 6, 10.1.2008, p. 7).


Community Tobacco Fund *
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European Parliament legislative resolution of 20 May 2008 on the proposal for a Council regulation amending Regulation (EC) No 1782/2003 as regards the transfer of tobacco aid to the Community Tobacco Fund for the years 2008 and 2009 and Regulation (EC) No 1234/2007 with regard to financing of the Community Tobacco Fund (COM(2008)0051 – C6-0062/2008 – 2008/0020(CNS))
P6_TA(2008)0204A6-0164/2008

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0051),

–   having regard to Article 37(2), third subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0062/2008),

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

–   having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Budgets (A6-0164/2008),

1.  Approves the Commission proposal as amended;

2.  Considers that any amount provided for must be compatible with the ceiling of Heading 2 of the multiannual financial framework (MFF) 2007-2013, and points out that the annual amount will be decided within the annual budgetary procedure and will be assessed in a multiannual context;

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

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

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

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

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation - amending act
Title
Council Regulation amending Regulation (EC) No 1782/2003 as regards the transfer of tobacco aid to the Community Tobacco Fund for the years 2008 and 2009 and Regulation (EC) No 1234/2007 with regard to financing of the Community Tobacco Fund
Council Regulation amending Regulation (EC) No 1782/2003 as regards the transfer of tobacco aid to the Community Tobacco Fund for the period 2009-2012 and Regulation (EC) No 1234/2007 with regard to financing of the Community Tobacco Fund
Amendment 2
Proposal for a regulation - amending act
Recital 1
(1)  According to Article 110j of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending certain Regulations tobacco aid is granted to the producers of raw tobacco for the harvest years 2006 to 2009.
(1)  According to Article 110j of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending certain Regulations tobacco aid is granted to the producers of raw tobacco until the harvest year 2012.
Amendment 3
Proposal for a regulation - amending act
Recital 1 a (new)
(1a)  Bearing in mind the many reforms introduced since 2004, particularly in the fruit and vegetable sector, producers of raw tobacco should not be discriminated against in relation to other European farmers.
Amendment 4
Proposal for a regulation - amending act
Recital 3
(3)  Actions funded by the Community Tobacco Fund have proved to be very successful as well as a positive example of cooperation between agriculture and health policies. In order to ensure the continuation of those actions, and taking into account that the Fund has always been funded by transfer from the tobacco aid, it is appropriate to transfer an amount equal to 5% of the tobacco aid granted for the calendar years 2008 and 2009 to the Community Tobacco Fund.
(3)  Actions funded by the Community Tobacco Fund have proved to be very successful as well as a positive example of cooperation between agriculture and health policies. In order to ensure the continuation of those actions, and taking into account that the Fund has always been funded by transfer from the tobacco aid, it is appropriate to transfer an amount equal to 6% of the tobacco aid granted for the calendar years 2009 to 2012 to the Community Tobacco Fund.
Amendment 5
Proposal for a regulation - amending act
Article 1 - point -1 (new)
Regulation (EC) No 1782/2003
Article 110j
Regulation (EC) No 1782/2003 is amended as follows:
-1)  Article 110j shall be replaced by the following:
"Article 110j
Scope of application
For the harvest years up until 2012, aid may be granted to farmers producing raw tobacco falling within CN code 2401, under the conditions laid down in this Chapter."
Amendment 6
Proposal for a regulation - amending act
Article 1 - point -1 a (new)
Regulation (EC) No 1782/2003
Article 110l table
-1a)  In Article 110l, the table shall be replaced by the following:
(in EUR M)
2009-2012
Germany t.b.a.
Spain t.b.a.
France t.b.a.
Italy (except Apulia) t.b.a.
Portugal t.b.a.
Amendment 7
Proposal for a regulation - amending act
Article 1
Regulation (EC) No 1782/2003
Article 110m
Article 110m of Regulation (EC) No 1782/2003 is replaced by the following:
-1b)  Article 110m is replaced by the following:
"Article 110m
Transfer to the Community Tobacco Fund
"Article 110m
Transfer to the Community Tobacco Fund
An amount equal to 4% for the calendar year 2006 and 5% for the calendar years 2007, 2008 and 2009 of the aid granted in accordance with this Chapter shall finance actions of information under the Community Tobacco Fund provided for in Article 13 of Regulation (EEC) No 2075/92."
An amount equal to 4% for the calendar year 2006, 5% for the calendar year 2007 and 6% for the calendar years 2009 to 2012 of the aid granted in accordance with this Chapter shall finance actions of information under the Community Tobacco Fund provided for in Article 13 of Regulation (EEC) No 2075/92."
Amendment 8
Proposal for a regulation - amending act
Article 1 - point -1 c (new)
Regulation (EC) No 1782/2003
Article 143e
-1c)  Article 143e shall be deleted.
Amendment 9
Proposal for a regulation - amending act
Article 1 - point -1 d (new)
Regulation (EC) No 1782/2003
Annex VII – Point I – Paragraph 2
-1d)  Annex VII, point I, second paragraph, shall be deleted.
Amendment 10
Proposal for a regulation - amending act
Article 2
Regulation (EC) No 1234/2007
Article 104 – paragraph 2 – point b
"b) for the calendar years 2006 to 2009, in accordance with Article 110m of Regulation (EC) No 1782/2003."
"b) for the calendar years 2006 and 2007 and 2009 to 2012, in accordance with Article 110m of Regulation (EC) No 1782/2003."

The evaluation of the PEACE Programme
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European Parliament resolution of 20 May 2008 on the evaluation of the PEACE Programme and strategies for the future (2007/2150(INI))
P6_TA(2008)0205A6-0133/2008

The European Parliament,

–   having regard to Article 158 of the EC Treaty,

–   having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions for the Structural Funds(1),

–   having regard to Council Regulation (EEC) No 2081/93 of 20 July 1993 amending Regulation (EEC) No 2052/88 on the tasks of the Structural Funds and their effectiveness and on the coordination of their activities between themselves and with the operations of the European Investment Bank and the other existing financial instruments(2),

–   having regard to Council Regulation (EEC) No 2082/93 of 20 July 1993 amending Regulation (EEC) No 4253/88 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments(3),

–   having regard to Council Regulation (EC) No 214/2000 of 24 January 2000 on Community financial contributions to the International Fund for Ireland(4),

–   having regard to Council Regulation (EC) No 2236/2002 of 10 December 2002 concerning Community financial contributions to the International Fund for Ireland (2003-2004)(5),

–   having regard to Council Regulation (EC) No 1105/2003 of 26 May 2003 amending Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds(6),

–   having regard to Council Regulation (EC) No 173/2005 of 24 January 2005 amending Regulation (EC) No 1260/1999 laying down general provisions on the Structural Funds concerning the extension of the duration of the PEACE programme and the granting of new commitment appropriations(7),

–   having regard to Council Regulation (EC) No 177/2005 of 24 January 2005 concerning Community financial contributions to the International Fund for Ireland (2005-2006)(8),

–   having regard to Council Regulation (EC) No 1968/2006 of 21 December 2006 concerning Community financial contributions to the International Fund for Ireland (2007 to 2010)(9),

–   having regard to Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC)(10),

–   having regard to the Commission's Communication entitled A Special Support Programme for Peace and Reconciliation in Northern Ireland (COM(1994)0607),

–   having regard to the Commission's Communication entitled Report on the International Fund for Ireland pursuant to Article 5 of Council Regulation (EC) No 177/2005 (COM(2006)0563),

–   having regard to Court of Auditors" Special Report No 7/2000 concerning the International Fund for Ireland and the Special Support Programme for Peace and Reconciliation in Northern Ireland and the border counties of Ireland (1995 to 1999), together with the Commission's replies thereto (paragraph 58)(11),

–   having regard to the public hearing on evaluation of the PEACE programme and strategies for the future organised by the Committee on Regional Development of the European Parliament on the 20 November 2007,

–   having regard to the Task Force for Northern Ireland (TFNI) created after the visit of Mr Barroso, President of the Commission, to Belfast in May 2007,

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

–   having regard to the report of the Committee on Regional Development (A6-0133/2008),

A.   whereas the EU programmes PEACE I and II, funded under Council Regulations (EC) Nos 1105/2003 and 173/2005, were aimed at securing peace and included two main elements: taking the opportunities arising from peace and addressing the legacy of conflict and violence,

B.   whereas the EU's participation in the PEACE programmes was and is of great positive value and the EU connection with such peace-building projects, in addition to providing a financial instrument, further demonstrated the EU's importance as a neutral authority with the expertise and long-term vision necessary for designing the programme,

C.   whereas the reconciliation process operates at various levels, and whereas it must be actively encouraged but cannot be imposed(12),

D.   whereas peace-building and reconciliation are by their very nature precarious but are essential in overcoming the political, economic and social problems in the region, and whereas projects for building confidence should therefore be given room for experimentation and for innovation in order to get started,

E.   whereas the conflict in Northern Ireland created segregated communities, leading to deep social, economic and political divides,

F.   whereas contact and confidence-building can result in changing negative views and whereas fostering mutual understanding among young people helps future leaders to understand the history and culture of both communities,

G.   whereas working in partnership with local communities may take more time as it involves more participants and procedures, although it is evident that the extra benefits obtained are essential, since delegating to a lower level of management and raising the level of participation increases awareness of both the programmes and the EU,

H.   whereas previously marginalised groups and people greatly affected by the conflict and violence have been empowered by the PEACE programmes to contribute to actively building peace; whereas projects under the PEACE programmes are serving the most marginalised segments of society by developing activities for individuals and groups such as victims of conflict, older and vulnerable people, the disabled, victims of domestic violence, ex-prisoners and unemployed young people(13),

I.   whereas many people who have worked in peace-building and reconciliation projects have done so on a voluntary basis,

J.   whereas it is vital that peace building programmes, in particular those involving community and voluntary groups, continue to be financially supported when PEACE funding comes to an end,

K.   whereas the voluntary and community sectors are renowned for their achievements in confronting social decline and deprivation and are well-placed to develop and provide frontline services for the most disadvantaged in society, and whereas women have a very positive role in peace-building,

L.   whereas the PEACE programmes have assisted in the development of economic projects in deprived areas by establishing new enterprises,

M.   whereas many community and voluntary initiatives funded under PEACE II are operating on an ongoing basis providing essential community services for marginalised groups in particular and are awaiting confirmation of funding so that they can continue providing these services,

N.   whereas one aspect of the economic development resulting from the support granted under the PEACE programmes, was that it benefited both urban and rural areas,

O.   whereas funding under the International Fund for Ireland (IFI) is often complementary and both programmes, IFI and PEACE, made it possible for projects to reach a stage where they could access other EU funding, such as Interreg,

P.   whereas many of the actions in the PEACE sub-programmes, the IFI programmes and the Interreg initiative, have shown a high degree of similarity and some degree of duplication of activities in certain areas,

Q.   whereas accountability and transparency, participation, recognition of the interdependence of all people, successful elimination of inequality, promotion of diversity and attention to vulnerable groups and equal opportunities are important elements in peace-building and reconciliation,

R.   whereas the report of the Interim Commissioner for Victims and Survivors1 stated that support groups for victims and survivors have a dependency on non-recurring PEACE funding and found a lack of clarity as regards how projects for victims and survivors would proceed when PEACE funding is no longer available, and whereas four new commissioners for victims have recently been appointed by the First and Deputy First Ministers of Northern Ireland(14),

S.   whereas the protection and promotion of human rights are an integral part of peace-building and the rebuilding of post-conflict societies,

1.  Stresses that local empowerment is an essential part of peace-building and that the participation of civil society improves policy-making and the way in which society is governed;

2.  Points out that the development of various implementation mechanisms together with the voluntary sector, non-governmental organisations and local authorities has provided wide-ranging experience of dealing with EU funds; hopes that such bottom-up provision mechanisms may be used in the implementation of other funding programmes;

3.  Welcomes the contribution made by the PEACE and IFI programmes to economic and social development; notes that one enterprise centre established, before the implementation of the IFI, in a deprived area developed with the support of the IFI and the local district council into a network of thirty two enterprise centres, which helped boost confidence and hope amongst those involved;

4.  Emphasises that the cooperation between participants in programmes financed by PEACE and IFI should not cease when the programmes comes to an end; calls on government departments to maintain that work, which proved to be effective, in order to ensure that mainstream funding continues for this invaluable work once all PEACE funding comes to an end;

5.  Calls on the governments of both the United Kingdom and Ireland to put in place temporary funding arrangements for community and voluntary groups in particular in order to bridge the gap between the end of PEACE II funding programmes and the beginning of PEACE III funding programmes;

6.  Calls on the Commission and the governments of the United Kingdom and Ireland to engage with the Commissioners for Victims and Survivors with a view to finding a mechanism for victim and survivor support groups to continue to receive financial support after the termination of all PEACE funding;

7.  Calls on the Commission, in relation to the TFNI, to replicate the active citizenship approach of the PEACE I and PEACE II programmes, when structuring future initiatives; recalls the importance for the stabilisation of the peace process of balanced regional development including attention to infrastructure which is underdeveloped in comparison with that of other regions in the EU, and calls on the TFNI to be more positive in its support for infrastructure improvement;

8.  Calls for the further development of cross-border work, given that cross-border work has been central to the regeneration of urban and rural communities in the border areas; urges the further development of co-operation between local chambers of commerce and public sector bodies as well as forums for the voluntary and community sectors on both sides of the border and for voluntary organisations that already work on a cross-border basis;

9.  Calls on the Government of Ireland to implement Regulation (EC) No 1082/2006 immediately;

10.  Urges the widespread use of consultation, both large and small-scale and with a local focus, within the funding programmes and emphasises the importance of securing schemes that allow for the approval of small grants to fund work that is needed at short notice and work where its results cannot be easily quantified as well as schemes that allow for long-term sustainability and can make a contribution to local communities;

11.  Calls for a reduction in bureaucracy to ensure that small projects are not overburdened;

12.  Recognises that peace-building is a long-term, evolutionary process and that robust development towards peace and reconciliation takes time; calls for a longer time-frame for individual grants in order to allow projects to make a difference; recognises that not only economic initiatives but also cultural and sporting initiatives can make a significant contribution to peace and reconciliation and should therefore continue to be promoted;

13.  Notes that the social economy sector is a sub-sector of the voluntary and community sectors the consultation of which is important in order to develop local strategies and areas; considers that other local businesses are also influential participants;

14.  Emphasises that development in rural areas requires greater synergies between agricultural, rural and regional development funding and between nature conservation, ecotourism and the production and use of renewable energy than has been the case to date;

15.  Emphasises that people should have easy access to information on the success stories of projects funded by PEACE I and PEACE II as well as the IFI; believes that the experience gained from such projects should be shared with those engaged in other international peace-building work; calls, in this connection, for the establishment of a database as a learning tool for peace and reconciliation work at home and abroad; calls, in addition, for every level of participation to be included in the creation of regional and metropolitan networks;

16.  Recommends that comprehensive strategies be put in place to ensure not only that examples of good-practice are available, but also that they are used at every stage of the project cycle, i.e. project design, implementation, monitoring and evaluation;

17.  Instructs its President to forward this resolution to the Council, the Commission, the Committee of the Regions, the European Economic and Social Committee and the governments and parliaments of the Member States.

(1) OJ L 161, 26.6.1999, p. 1.
(2) OJ L 193, 31.7.1993, p. 5.
(3) OJ L 193, 31.7.1993, p. 20.
(4) OJ L 24, 29.1.2000, p. 7.
(5) OJ L 341, 17.12.2002, p 6.
(6) OJ L 158, 27.6.2003, p. 3.
(7) OJ L 29, 2.2.2005, p. 3.
(8) OJ L 30, 3.2.2005, p. 1.
(9) OJ L 409, 30.12.2006, p. 86.
(10) OJ L 210, 31.7.2006, p. 19.
(11) OJ C 146, 25.5.2000, p 1.
(12) Reconciliation after Violent Conflict, International IDEA, 2003,Stockholm.
(13) The EU Programme for Peace and Reconciliation − The impact, SEUPB.
(14) Support for Victims and Survivors − Addressing the Human legacy, January 2007.


Meat and livestock statistics ***I
PDF 190kWORD 33k
Resolution
Text
European Parliament legislative resolution of 20 May 2008 on the proposal for a regulation of the European Parliament and of the Council concerning meat and livestock statistics (COM(2007)0129 – C6-0099/2007 – 2007/0051(COD))
P6_TA(2008)0206A6-0130/2008

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0129),

–   having regard to Article 251(2) and Article 285(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0099/2007),

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

–   having regard to the report of the Committee on Agriculture and Rural Development (A6-0130/2008),

1.  Approves the Commission proposal as amended;

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

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

Position of the European Parliament adopted at first reading on 20 May 2008 with a view to the adoption of Regulation (EC) No .../2008 of the European Parliament and of the Council concerning livestock and meat statistics and repealing Council Directives 93/23/EEC, 93/24/EEC and 93/25/EC

P6_TC1-COD(2007)0051


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No ...)


Employment Policy Guidelines for Member States *
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European Parliament legislative resolution of 20 May 2008 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2007)0803 PART V – C6-0031/2008 – 2007/0300(CNS))
P6_TA(2008)0207A6-0172/2008

(Consulation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2007)0803, PART V),

–   having regard to Article 128(2) of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0031/2008),

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

–   having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Women's Rights and Gender Equality (A6-0172/2008),

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   Amendment
Amendment 1
Proposal for a decision
Recital 2
(2)  The examination of the Member States' National Reform Programmes contained in the Commission's Annual Progress Report and in the draft Joint Employment Report shows that Member States should continue to make every effort to address the priority areas of
(2)  The examination of the Member States' National Reform Programmes contained in the Commission's Annual Progress Report and in the draft Joint Employment Report shows that Member States should continue to make every effort to achieve full employment, enhance job quality and equal opportunities, bring about social cohesion and address the priority areas of:
- attracting and retaining more people in employment, increasing labour supply and modernising social protection systems,
- creating more and quality jobs, attracting and retaining more people in quality employment, increasing labour supply and modernising social protection systems and ensuring inclusive labour markets,
- improving adaptability of workers and enterprises, and
- improving the adaptability and security of workers and enterprises in order to promote a flexible labour market, and promoting worker employability by means of lifelong learning and the accreditation of acquired skills,
- increasing investment in human capital through better education and skills.
- increasing investment in human capital through better education and skills and expansion of lifelong learning opportunities, and
- promoting mobility of workers across the European labour market.
Amendment 2
Proposal for a decision
Recital 3
(3)  In the light of both the Commission's examination of the National Reform Programmes and the European Council conclusions, the focus should be on effective and timely implementation, paying special attention to the agreed quantitative targets and benchmarks, and in line with the conclusions of the European Council.
(3)  In the light of both the Commission's examination of the National Reform Programmes and the European Council conclusions, the focus should be on strengthening the social dimension of the Employment Guidelines and their effective and timely implementation, paying special attention to the agreed qualitative and quantitative targets and benchmarks in line with the conclusions of the European Council.
Amendment 3
Proposal for a decision
Recital 5
(5)  Member States should take the Employment Guidelines into account when implementing programmed Community funding, in particular of the European Social Fund.
(5)  Member States should take the Employment Guidelines into account when implementing programmed Community funding, in particular of the European Social Fund, the European Regional Development Fund and the European Globalisation Adjustment Fund.
Amendment 4
Proposal for a decision
Recital 6
(6)  In view of the integrated nature of the guideline package, Member States should fully implement the Broad Economic Policy Guidelines.
(6)  In view of the integrated nature of the guideline package, Member States should take the employment guidelines fully into account when implementing the Broad Economic Policy Guidelines.
Amendment 5
Proposal for a decision
Article 2 a (new)
Article 2a
1.  In implementing the guidelines set out in the Annex, the Member States shall:
- take into account requirements linked to the promotion of a high level of employment, guaranteed adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health, and
- aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation.
2.  The Member States shall ensure strengthened interaction between the guidelines and the open method of coordination in relation to the Social Protection and Social Inclusion Process.
3.  Member States, in cooperation with the social partners and in accordance with the national tradition of each Member State, shall examine and report in their National Reform Plans on how to improve compliance with and implementation of the principles and rules of European social legislation, agreements between the social partners and the fundamental principles of equal treatment and non-discrimination.
Amendment 6
Proposal for a decision
Annex – introductory part – paragraph -1 (new)
The Employment Guidelines form part of the Integrated Guidelines for 2008-2010, which are based on three pillars: macroeconomic policies, microeconomic reforms and employment policies. Those pillars, together, contribute towards achieving the objectives of sustainable expansion and employment and strengthening social cohesion.
Amendment 7
Proposal for a decision
Annex – introductory part – paragraph 1
Member States, in cooperation with the social partners, shall conduct their policies with a view to implementing the objectives and priorities for action specified below so that more and better jobs support an inclusive labour market. Reflecting the Lisbon strategy and taking into account the common social objectives, the Member States' policies shall foster in a balanced manner:
Member States, in cooperation with the social partners and other stakeholders, and while respecting national traditions, will conduct their policies with a view to implementing the objectives and priorities for action specified below so that more and better jobs and a better trained and more specialised workforce support an inclusive labour market. Reflecting the Lisbon strategy and taking into account the common social objectives, the Member States' policies will foster in a balanced manner:
Amendment 8
Proposal for a decision
Annex – introductory part – paragraph 1 – indent 1
-  Full employment: Achieving full employment, and reducing unemployment and inactivity, by increasing the demand for and supply of labour through an integrated flexicurity approach is vital to sustain economic growth and reinforce social cohesion. This requires policies that address simultaneously the flexibility of labour markets, work organisation and labour relations, and employment security and social security;
-  Full employment: Achieving full employment, and reducing unemployment and inactivity, by increasing the demand for and supply of labour through an integrated flexicurity approach is vital to sustain economic growth and reinforce social cohesion. This requires policies that address simultaneously the flexibility of labour markets, work organisation and labour relations, reconciliation of work and family life, and employment security and social security;
Amendment 9
Proposal for a decision
Annex – introductory part – paragraph 1 – indent 2
-  Improving quality and productivity at work: Efforts to raise employment rates go hand in hand with improving the attractiveness of jobs, quality at work, labour productivity growth, reducing segmentation and the proportion of working poor. Synergies between quality at work, productivity and employment should be fully exploited;
-  Improving quality and productivity at work: Efforts to raise employment rates go hand in hand with improving the attractiveness of jobs, quality at work, labour productivity growth, reducing segmentation, gender inequality, and the proportion of working poor. Synergies between quality at work, productivity and employment should be fully exploited;
Amendment 10
Proposal for a decision
Annex – introductory part – paragraph 2
Equal opportunities and combating discrimination are essential for progress. Gender mainstreaming and the promotion of gender equality should be ensured in all action taken. Particular attention must also be paid to significantly reducing all gender related gaps in the labour market in line with the European Pact for Gender Equality. This will assist Member States in addressing the demographic challenge. As part of a new intergenerational approach, particular attention should be paid to the situation of young people, implementing the European Youth Pact, and to promoting access to employment throughout working life. Particular attention must also be paid to significantly reducing employment gaps for people at a disadvantage, including disabled people, as well as between third-country nationals and EU citizens, in line with any national targets.
Equal opportunities and combating discrimination are essential for progress. Gender mainstreaming and the promotion of gender equality should be ensured in all action taken. Particular attention must also be paid to significantly reducing all gender related gaps in the labour market, focusing on unequal pay in particular, in line with the European Pact for Gender Equality. This will assist Member States in addressing the demographic challenge. As part of a new intergenerational approach, particular attention should be paid to the situation of young people, implementing the European Youth Pact, and to promoting access to employment throughout working life, also for older workers. Particular attention must also be paid to significantly reducing employment gaps for people at a disadvantage, including disabled people, as well as between third-country nationals and EU citizens, in line with any national targets. This will assist Member States in addressing the demographic challenge.
Amendment 11
Proposal for a decision
Annex – paragraph following guideline 17 – indent 1
- attract and retain more people in employment, increase labour supply and modernise social protection systems,
- attract and retain more people in quality employment by facilitating reconciliation of work and family life, increase labour supply by enhancing employability, modernise social protection systems and ensure inclusive labour markets,
Amendment 12
Proposal for a decision
Annex – paragraph following guideline 17 – indent 1 a (new)
- promote active social integration for all in order to combat poverty and social exclusion by ensuring a decent income and quality social services together with access to the employment market through opportunities for recruitment and initial or ongoing vocational training,
Amendment 13
Proposal for a decision
Annex – paragraph following guideline 17 – indent 2
- improve adaptability of workers and enterprises,
- improve adaptability and security of workers and enterprises,
Amendment 14
Proposal for a decision
Annex – paragraph following guideline 17 – indent 3
- increase investment in human capital through better education and skills.
- increase investment in human capital through better education and skills and adapt education and training systems to new competence requirements,
Amendment 15
Proposal for a decision
Annex – paragraph following guideline 17 – indent 3 a (new)
- increase and improve investment in research, science and innovation,
Amendment 16
Proposal for a decision
Annex – paragraph following guideline 17 – indent 3 b (new)
- eliminate all forms of sex discrimination in the workplace.
Amendment 17
Proposal for a decision
Annex - section 1 - title
1.  Attract and retain more people in employment, increase labour supply and modernise social protection systems
1.  Attract and retain more people in quality employment, increase labour supply and modernise social protection systems and ensure inclusive labour markets
Amendment 18
Proposal for a decision
Annex – section 1 – paragraph 1
Raising employment levels is the most effective means of generating economic growth and promoting socially inclusive economies whilst ensuring a safety net for those unable to work. Promoting a lifecycle approach to work and modernising social protection systems to ensure their adequacy, financial sustainability and responsiveness to changing needs in society are all the more necessary because of the expected decline in the working-age population. Special attention should be paid to tackling the persistent employment gaps between women and men, further increasing the employment rates of older workers and young people, as part of new intergenerational approach, and the promoting active inclusion of those most excluded from the labour market. Intensified action is also required to improve the situation of young people in the labour market and to significantly reduce youth unemployment, which is on average double the overall unemployment rate.
Raising employment levels is the most effective means of generating economic growth and promoting socially inclusive economies whilst ensuring a safety net for those unable to work. Promoting a lifecycle approach to work and modernising social protection systems to ensure their adequacy, financial sustainability and responsiveness to changing needs in society are all the more necessary because of the expected decline in the working-age population. Special attention should be paid to tackling the persistent employment gaps between women and men and sex-based pay differentials, further increasing the employment rates of older workers and young people, as part of new intergenerational approach, and the promoting active inclusion of those most excluded from the labour market. Intensified action is also required to improve the situation of young people, in particular the unskilled, in the labour market and to significantly reduce youth unemployment, which is on average double the overall unemployment rate.
Amendment 19
Proposal for a decision
Annex – section 1 – paragraph 2
The right conditions must be put in place to facilitate progress in employment, whether it is first time entry, a move back to employment after a break or the wish to prolong working lives. The quality of jobs, including pay and benefits, working conditions access to lifelong learning and career prospects, are crucial for a flexicurity approach, as are support and incentives stemming from social protection systems. To enhance a life cycle approach to work and to promote reconciliation between work and family life policies towards childcare provisions are necessary. Securing coverage of at least 90 % of children between 3 years old and the mandatory school age and at least 33 % of children under 3 years of age by 2010 is a useful benchmarks. The increase in the average employment rate of parents, especially single parents, requires measures to support families. In particular, Member States should take account of the special needs of single parents and families with many children. Furthermore to prolong working lives, the effective average exit age from the labour market by 2010 would require a five year increase at EU level (compared to 59.9 in 2001). Member States should also enact measures for health protection, for prevention and for the promotion of healthy lifestyles with the goal of reducing sickness burdens, increasing labour productivity and prolonging working life.
The right conditions must be put in place, including through the appropriate development of human capital and the social working environment, to facilitate progress in employment, whether it is first-time entry, a move back to employment after a break or the wish to prolong working lives. The quality of jobs, including pay and benefits, working conditions, access to lifelong learning and career prospects, are crucial for a flexicurity approach, as are support and incentives stemming from social protection systems. To enhance a life cycle approach to work and to promote reconciliation between work and family life policies towards childcare provisions are necessary. Securing coverage of at least 90 % of children between 3 years old and the mandatory school age and at least 33 % of children under 3 years of age by 2010 is a useful benchmark. The increase in the average employment rate of parents, especially single parents, requires measures to support families. In particular, Member States should take account of the special needs of single parents and families with many children. Furthermore to prolong working lives, the effective average exit age from the labour market by 2010 would require a five-year increase at EU level (compared to 59,9 in 2001). Member States should also enact measures for health protection, for prevention and for the promotion of healthy lifestyles with the goal of reducing sickness burdens, increasing labour productivity and prolonging working life.
Amendment 20
Proposal for a decision
Annex – section 1 – paragraph 3
The implementation of the European Youth Pact should also be a contribution to a lifecycle approach to work in particular by facilitating transition from education to the labour market.
The implementation of the European Youth Pact, the European Gender Equality Agreement and the approval relating to the establishment of European Alliance for Families should also be a contribution to a lifecycle approach to work in particular by facilitating transition from education to the labour market. Individual measures should be taken to provide young people who have had fewer opportunities with an equal chance of social and vocational integration.
Amendment 21
Proposal for a decision
Annex – section 1 – guideline 18
Guideline 18. Promote a lifecycle approach to work through:
Guideline 18. Promote a lifecycle approach to work through:
- a renewed endeavour to build employment pathways for young people and reduce youth unemployment, as called for in the European Youth Pact,
- a renewed endeavour to build employment pathways for young people and reduce youth unemployment, as called for in the European Youth Pact, whilst combating sex discrimination,
- measures to ensure that people combining work and care are not penalised later in life as regards pensions and social security benefits,
- measures to enable persons who lose their job later in life to get back to work, and action to eradicate age-based discrimination, aimed in particular at people over the age of 40 and including forms of self-employment and self-organisation,
- resolute action to increase female participation and reduce gender gaps in employment, unemployment and pay,
- resolute action to increase female participation and reduce gender gaps in employment, unemployment and vocational training, to ensure equal pay and promote gender equality, including measures strengthening equal opportunities and increasing the employment rate for women as called for in the European Pact for Gender Equality,
- particular focus on the different impact of benefits systems on men and women and review of any benefit structures that impact negatively on women's participation in the labour force, 
- better reconciliation of work and private life and the provision of accessible and affordable childcare facilities and care for other dependants,
- better reconciliation of work and private and family life and the provision of accessible and affordable quality childcare facilities and care for other dependants including parental and other leave schemes,
- particular focus on women and men considering a return to paid work after an absence and examining how gradually to eliminate obstacles to such return without loss of job quality,
- support for active ageing, including appropriate working conditions, improved (occupational) health status and adequate incentives to work and discouragement of early retirement,
- support for active ageing, including appropriate working conditions, improved occupational health status and adequate incentives to work and encouraging workers to prolong their working lives if they wish to retire later,
- modern social protection systems, including pensions and healthcare, ensuring their social adequacy, financial sustainability and responsiveness to changing needs, so as to support participation and better retention in employment and longer working lives.
- modern social protection systems, including pensions and healthcare, ensuring their social adequacy, financial sustainability and responsiveness to changing needs, so as to support participation and better retention in employment and longer working lives.
See also integrated guideline "To safeguard economic and fiscal sustainability as a basis for increased employment"(No 2).
See also integrated guideline "To safeguard economic and fiscal sustainability as a basis for increased employment"(No 2).
Amendment 22
Proposal for a decision
Annex – section 1 – paragraph following guideline 18
Active inclusion policies can increase labour supply and strengthen society's cohesiveness and are a powerful means of promoting the social and labour market integration of the most disadvantaged. Every person becoming unemployed must be offered a new start in a reasonable period of time. In the case of young people this period should be short, e.g. at most 4 months by 2010; for adult people at most 12 months. Policies aiming at offering active labour market measures to the long-term unemployed should be pursued, taking into consideration the participation rate benchmark of 25 % in 2010. Activation should be in the form of training, retraining, work practice, a job or other employability measure, combined where appropriate with on-going job search assistance. Facilitating access to employment for job seekers, preventing unemployment and ensuring that those who become unemployed remain closely connected to the labour market and employable are essential to increase participation, and combat social exclusion. This is also in line with a flexicurity approach. Attaining these objectives requires removing barriers to the labour market by assisting with effective job searching, facilitating access to training and other active labour market measures, ensuring affordable access to basic services and providing adequate levels of minimum resources to all. This approach should, at the same time, ensure that work pays for all workers, as well as remove unemployment, poverty and inactivity traps. Special attention should be paid to promoting the inclusion of disadvantaged people, including low-skilled workers, in the labour market, including through the expansion of social services and the social economy, as well as the development of new sources of jobs in response to collective needs. Combating discrimination, promoting access to employment for disabled people and integrating immigrants and minorities are particularly essential.
Active inclusion policies can increase labour supply and strengthen society's cohesiveness and are a powerful means of promoting the social and labour market integration of the most disadvantaged. Every person becoming unemployed must be offered the possibility of employment, an apprenticeship, further training or other measures leading to employment in a reasonable period of time. In the case of young people this period should be short, e.g. at most 4 months by 2010; for adult people at most 12 months. Policies aiming at offering active labour market measures to the long-term unemployed should be pursued, taking into consideration the participation rate benchmark of 25 % in 2010. Activation should be in the form of training, retraining, work practice, a job or other employability measure, combined where appropriate with ongoing job search assistance. Facilitating access to employment for job seekers, preventing unemployment and ensuring that those who become unemployed remain closely connected to the labour market and employable are essential to increase participation, and combat social exclusion. Attaining these objectives requires removing barriers to the labour market by assisting with effective job searching, facilitating access to training and other active labour market measures, ensuring affordable access to basic services and providing adequate levels of minimum resources to all, while implementing the principle of fair remuneration as an economic incentive to work . This approach should, at the same time, ensure that work pays for all workers and that the principle of 'equal pay for work of equal value' is upheld, as well as removing unemployment, poverty and inactivity traps. Special attention should be paid to promoting the inclusion of disadvantaged people, including low-skilled workers, in the labour market, including through the expansion of social services and the social economy, as well as the development of new sources of jobs in response to collective needs. Combating discrimination, promoting access to employment for women and disabled people and integrating immigrants and minorities are particularly essential. Local best practices relating to the experience of social cooperatives, and all forms of corporate social responsibility should be taken into account.
Amendment 23
Proposal for a decision
Annex − section 1 – guideline 19 − indent 3
- development of new sources of jobs in services for individuals and businesses, notably at local level.
- development of new sources of jobs in services for individuals and businesses, the not-for-profit sector and the social economy, notably at local level.
Amendment 24
Proposal for a decision
Annex – section 1 – guideline 19 a (new)
Guideline 19a. Ensure the active social integration of all and tackle poverty and social exclusion by guaranteeing a decent income and better access to quality social services together with better access to the labour market through the expansion of job opportunities and initial or ongoing vocational training.
Amendment 25
Proposal for a decision
Annex – section 1 – guideline 20 – indent 2 a (new)
- promoting stakeholder partnership models to enhance the local and regional potential to be tapped in local entities, employing open, participatory forms of organisation,
Amendment 26
Proposal for a decision
Annex – section 1 – guideline 20 – indent 4 a (new)
- preventing the brain drain from peripheral regions of the European Union or from Member States through regional economic, social and structural investment.
Amendment 27
Proposal for a decision
Annex – section 2 – title
2.  Improve adaptability of workers and enterprises,
2.  Improve adaptability and security for workers and enterprises (enhancing job security)
Amendments 28, 37 and 38
Proposal for a decision
Annex section 2 guideline 21
Guideline 21. Promote flexibility combined with employment security and reduce labour market segmentation, having due regard to the role of the social partners, through:
Guideline 21. Promote flexibility combined with security and reduce labour market segmentation, having due regard to the role of the social partners and taking into account the following key components:
- flexible and reliable contractual arrangements through modern labour laws, collective agreements and work organisation,
- comprehensive lifelong learning strategies to ensure the continual adaptability and employability of workers, particularly the most vulnerable,
- effective active labour market policies (ALMP) not involving an active early-retirement policy, but, rather, integrating older and experienced workers into working life to a greater extent, in order to help people cope with rapid change and reduce periods of unemployment and to ease transition to new jobs,
- modern social security systems that provide adequate income support, encourage employment and facilitate labour market mobility.
This also involves:
- the adaptation of employment legislation, reviewing where necessary the different contractual and working time arrangements,
- the adaptation of employment legislation, reviewing where necessary the different contractual and working time arrangements and guaranteeing core employment rights, regardless of employment status with the aim of promoting stable employment relationships,
- addressing the issue of undeclared work,
- applying preventive measures, backed up by penalties, to address the issue of undeclared work, with a view to reducing the prevalence of non-legal forms of work, via the reinforcement and capacity development of the specialist workplace inspection bodies,
- better anticipation and positive management of change, including economic restructuring, notably changes linked to trade opening, so as to minimise their social costs and facilitate adaptation,
- better anticipation and positive management of change, including economic restructuring, notably changes linked to trade opening, so as to minimise their social costs and facilitate adaptation,
- the promotion and dissemination of innovative and adaptable forms of work organisation, with a view to improving quality and productivity at work, including health and safety,
- the promotion and dissemination of innovative and adaptable forms of work organisation, with a view to improving quality and productivity at work, including workplace health and safety and the provision of reasonable accommodation for disabled people,
- support for transitions in occupational status, including training, self-employment, business creation and geographic mobility.
- support for transitions in occupational status, including training, self-employment, business creation and geographic mobility,
- paying particular attention to obstacles that hinder women who wish to set up new businesses or become self-employed, with a view to their removal.
The Member States should implement their own pathways based on the common principles of flexicurity adopted by the Council.
The involvement of the social partners in the design and implementation of flexicurity policies through the social dialogue and collective bargaining is of crucial importance.
See also integrated guideline "To promote greater coherence between macroeconomic, structural and employment policies" (No 5).
See also integrated guideline "To promote greater coherence between macroeconomic, structural and employment policies" (No 5).
Amendment 29
Proposal for a decision
Annex – section 2 – paragraph following guideline 21
To maximise job creation, preserve competitiveness and contribute to the general economic framework, overall wage developments should be in line with productivity growth over the economic cycle and should reflect the labour market situation. The gender pay gap should be reduced. Particular attention should be given to the low level of wages in professions and sectors which tend to be dominated by women and to the reasons which lead to reduced earnings in professions and sectors in which women become more prominent. Efforts to reduce non-wage labour costs and to review the tax wedge may also be needed to facilitate job creation, especially for low-wage employment.
To maximise job creation, preserve competitiveness and contribute to the general economic framework, overall wage developments should be in line with productivity growth over the economic cycle and should reflect the labour market situation. The gender pay gap should be reduced. Particular attention should be given, with a view to narrowing the pay gap between the sexes, to the low level of wages in professions and sectors which tend to be dominated by women and to the reasons which lead to reduced earnings in professions and sectors in which women become more prominent. Efforts to reduce non-wage labour costs and to review the tax wedge may also be needed to facilitate job creation, especially for low-wage employment.
Amendment 30
Proposal for a decision
Annex – section 2 – guideline 22 – indent 1
- encouraging social partners within their own areas of responsibility to set the right framework for wage bargaining in order to reflect productivity and labour market challenges at all relevant levels and to avoid gender pay gaps,
- encouraging social partners within their own areas of responsibility to set the right framework for wage bargaining in order to reflect productivity and labour market challenges at all relevant levels, to guarantee European citizens sufficient purchasing power and to avoid gender pay gaps and growing inequalities,
Amendment 31
Proposal for a decision
Annex – section 3 – paragraph 1
Europe needs to invest more and more effectively in human capital. Too many people fail to enter, progress or remain in the labour market because of a lack of skills, or due to skills mismatches. To enhance access to employment for men and women of all ages, raise productivity levels, innovation and quality at work, the EU needs higher and more effective investment in human capital and lifelong learning in line with the flexicurity concept for the benefit of individuals, enterprises, the economy and society.
Europe needs to invest more and more effectively in human capital. Too many people fail to enter, progress or remain in the labour market because of a lack of skills, or due to skills mismatches. To enhance access to employment on the basis of equal opportunities for men and women of all ages, raise productivity levels, innovation and quality at work, and assist workers in adapting to new conditions arising from rapid change, the EU needs higher and more effective investment in human capital and lifelong professional training, via access to the various forms of lifelong learning in line with the flexicurity concept for the benefit of individuals, enterprises, the economy and society.
Amendment 32
Proposal for a decision
Annex section 3 guideline 23
Guideline 23. Expand and improve investment in human capital through:
Guideline 23. Expand lifelong learning opportunities and improve investment in human capital through:
- inclusive education and training policies and action to facilitate significantly access to initial vocational, secondary and higher education, including apprenticeships and entrepreneurship training,
- inclusive education and training policies and action to facilitate significantly access to initial vocational, secondary and higher education, including apprenticeships and entrepreneurship training and the accreditation of experience acquired,
- significantly reducing the number of early school leavers,
- reducing the number of early school leavers to as great an extent as possible in order to prevent pupils from leaving school without qualifications and thereby running a high risk of unemployment,
- efficient lifelong learning strategies open to all in schools, businesses, public authorities and households according to European agreements, including appropriate incentives and cost-sharing mechanisms, with a view to enhancing participation in continuous and workplace training throughout the life-cycle, especially for the low-skilled and older workers.
- efficient lifelong learning strategies open to all in schools, businesses, public authorities and households according to European agreements, including appropriate incentives and cost-sharing mechanisms, with a view to enhancing participation in continuous and workplace training throughout the life-cycle, especially for the low-skilled and older workers,
- ensuring the conditions for facilitating access by women to education, continuing training and lifelong learning, in particular access to training and the necessary qualifications for careers.
See also integrated guideline "To increase and improve investment in R & D, in particular by private business" (No 7).
See also integrated guideline "To increase and improve investment in R & D, in particular by private business" (No 7).
Amendment 33
Proposal for a decision
Annex – section 3 – paragraph following guideline 23
Setting ambitious objectives and increasing the level of investment by all actors is not enough. To ensure that supply meets demand in practice, lifelong learning systems must be affordable, accessible and responsive to changing needs. Adaptation and capacity-building of education and training systems is necessary to improve their labour market relevance, their responsiveness to the needs of the knowledge-based economy and society and their efficiency and equity. ICT can be used to improve access to learning and better tailor it to the needs of employers and employees. Greater mobility for both work and learning purposes is also needed to access job opportunities more widely in the EU at large. The remaining obstacles to mobility within the European labour market should be lifted, in particular those relating to the recognition and transparency and use of qualifications and learning outcomes, notably through the implementation of the European Qualifications Framework. It will be important to make use of the agreed European instruments and references to support reforms of national education and training systems, as is laid down in the Education and Training 2010 Work Programme.
Setting ambitious objectives and increasing the level of investment by all actors is not enough. To ensure that supply meets demand in practice, lifelong learning systems must be affordable, accessible and responsive to changing needs. Adaptation and capacity-building of education and training systems is necessary to improve their labour market relevance, their responsiveness to the needs of the knowledge-based economy and society, their efficiency and their accessibility and availability on an equitable basis. Access to education and training for men and women of all ages and the matching of needs with skills and with the education and training provided by the public and private sector, must be accompanied by a system of lifelong careers guidance. ICT can be used to improve access to learning and better tailor it to the needs of employers and employees. Greater mobility for both work and learning purposes is also needed to access job opportunities more widely in the EU at large. The remaining obstacles to mobility within the European labour market should be lifted, in particular those relating to the recognition and transparency and use of qualifications and learning outcomes, notably through the implementation of the European Qualifications Framework. It will be important to make use of the agreed European instruments and references to support reforms of national education and training systems, as is laid down in the Education and Training 2010 Work Programme.
Amendment 34
Proposal for a decision
Annex – section 3 – guideline 24 – indent 1 a (new)
- enabling educational techniques and teaching content to be passed on through successive generations of teachers,
Amendment 35
Proposal for a decision
Annex – Section 3 – Guideline 24 – indent 3 a (new)
- providing for foreign language learning as part of initial and lifelong training.
Amendment 36
Proposal for a decision
Annex 1 a (new)
ANNEX 1a
Targets and benchmarks
The following targets and benchmarks were agreed in the context of the European Employment Strategy:
- that every unemployed person is offered a new start before reaching 4 months of unemployment in the case of young people and 12 months in the case of adults in the form of training, retraining, work practice, a job or other employability measure, combined where appropriate with on-going job search assistance,
- that 25 % of the long-term unemployed should participate by 2010 in an active measure in the form of training, retraining, work practice, or another employability measure, with the aim of achieving the average of the three most advanced Member States,
- that jobseekers throughout the EU are able to consult all job vacancies advertised through Member States' employment services, in order to promote mobility of jobseekers on the European labour market,
- an increase by five years, at EU level, of the effective average exit age from the labour market by 2010 (compared to 59,9 in 2001),
- the provision of childcare by 2010 to at least 90 % of children between 3 years old and the mandatory school age and at least 33 % of children under 3 years of age,
- an EU average rate of no more than 10 % early school leavers,
- that at least 85 % of 22-year olds should have completed upper secondary education by 2010,
- that the EU average level of participation in lifelong learning should be at least 12,5 % of the adult working-age population (25 to 64 age group).

2009 budget: Parliament's estimates
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European Parliament resolution of 20 May 2008 on Parliament's estimates of revenue and expenditure for the financial year 2009 (2008/2022(BUD))
P6_TA(2008)0208A6-0181/2008

The European Parliament,

–   having regard to Article 272(2) of the EC 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 Article 31,

–   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),

–   having regard to its resolution of 10 April 2008 on the guidelines for the 2009 budget procedure – Sections I, II, IV, V, VI, VII, VIII and IX(3),

–   having regard to the Secretary-General's report to the Bureau on drawing up Parliament's preliminary draft estimates for the financial year 2009,

–   having regard to the preliminary draft estimates drawn up by the Bureau on 21 April 2008 pursuant to Rules 22(6) and 73 of Parliament's Rules of Procedure,

–   having regard to Rule 73 of its Rules of Procedure,

–   having regard to the report of the Committee on Budgets (A6-0181/2008),

A.   whereas a pilot process was agreed in which enhanced cooperation between the Bureau and the Committee on Budgets, and early mutual cooperation on all items with significant budgetary implications, would be applied throughout the 2009 procedure,

B.   whereas the prerogatives of the plenary in adopting the budget will be fully maintained in accordance with the Treaty provisions and the Rules of Procedure,

C.   whereas a pre-conciliation meeting between delegations of the Bureau and the Committee on Budgets took place on 16 April 2008 during which a number of key issues were discussed between the two delegations,

1.  Recalls that the 2009 budget should respond to a number of main challenges, as identified in its abovementioned resolution of 10 April 2008 on the budgetary guidelines, while making every effort to ensure the most efficient use of resources and examining all expenditure with a view to identifying savings wherever possible; stresses the high degree of accord on the following areas:

   challenges related to the entry into force of the Lisbon Treaty,
   challenges related to 2009 as an election year for the Parliament,
   challenges related to the new Statute for Members and to the change of term;

2.  Takes note of the extended dialogue leading up to the estimates stage for 2009 and, particularly, welcomes the pilot process on enhanced internal cooperation, including the pre-conciliation meeting between its Bureau and the Committee on Budgets, in which budgetary issues related to the priorities above were discussed prior to the Bureau's adoption of its preliminary draft estimates;

3.  Notes that the overall level of the budget 2009, as suggested by the Bureau, will stay below the traditional voluntary share of 20% of heading 5 (administrative expenditure) of the multi-annual financial framework;

4.  Stresses the fact that human resources, and overall resources for Lisbon-related issues, were predominant questions at the pre-conciliation; welcomes the fact that the Bureau acted on concerns raised by integrating the proposed 65 new posts into the estimates (corresponding to EUR 2 020 023 for 2009) but, at the same time, placing 15% of those appropriations in reserve pending the submission by the end of June 2008 of complementary information, such as an analytical, detailed and user-friendly establishment plan assessing the allocation and use of human resources in Parliament's secretariat, including a detailed report on redeployment operations in 2008 and those planned for 2009, indicating positive and negative priorities; considers that this should include changes within and between DGs and an outlook in view of reinforcing core legislative activities and services to Members; is of the opinion that information concerning non-officials should be provided in order to allow full comprehension of the needs in terms of staff;

5.  Emphasises that the cooperation between its Bureau and Committee on Budgets in jointly seeking such additional clarifications constitutes a new and positive development; underlines the importance of ex-ante and timely consultation of the Committee on Budgets on issues with important financial implications;

6.  Agrees with the principle of budgeting all foreseeable needs in the Bureau's preliminary draft estimates, including a "Lisbon reserve" of EUR 2 million awaiting further evaluation, and a proposal from the Bureau, which should take account of the results of the ongoing working group on human and financial resources tasked with analysing the impact; reiterates its view that the tasks and responsibilities which can genuinely be regarded as new following the new Treaty, as well activities that can be discontinued or re-prioritised, are especially important to identify;

7.  Underlines the fact that the new Lisbon Treaty also provides a challenge for political groups; acknowledges that, in line with the reinforcement of the core activities of parliamentary administration, political groups will also need strengthening in terms of staff, while observing budgetary prudence;

8.  Notes also that the Bureau has indicated that an additional need, not currently budgeted, might arise for the Visitors' Centre; points out that this has been identified late and understands that the amount would be of a multi-annual nature; recalls its wish, as agreed under the pilot process, to have a timely consultation of the Committee on Budgets on issues with significant financial implications;

9.  Notes the proposal to continue a three-year plan to reclaim expertise in the IT area, reducing the dependence on external consultants in some key areas, and the proposal for an increase of posts in this area; agrees to consider this approach but is of the opinion that, in order to maintain such increases for the final budget, related savings in the current consultant costs should be demonstrated; invites the administration to present before September 2008 a complete assessment of the situation including a coherent IT strategy;

10.  Notes that a long-term strategic plan on buildings policy including maintenance costs and environmental issues will be presented before the end of May 2008; stresses the importance of a thorough debate on this issue in view of arriving at relevant decisions on the way forward and the destination of these appropriations as soon as possible; wishes to be informed about the work of the Bureau with the Commission on an agreement on purchase of buildings and costs; pending such information, takes note of the fact that the buildings reserve included in the draft estimates amounts to EUR 30 000 000, an increase of EUR 10 000 000 compared to 2008; decides to place in reserve EUR 3 400 000 entered by the Bureau in the preliminary draft estimates, pending technical, administrative and financial clarifications on the proposed asbestos removal work in the SDM building in Strasbourg;

11.  Confirms its intention to continue the financing of priorities established in the 2008 budget, notably to improve services to Members in connection with interpretation and with the analytical service of the library;

12.  Stresses the importance of good cooperation between the European institutions, particularly Parliament, the Council and the Commission, in the field of information and communication policy;

13.  Is satisfied that reasonable estimations have been carried out as concerns the expenditure related to the new Members' Statute; insists that any updated figures should be communicated as soon as possible and underlines the possibility of fine-tuning the associated appropriations at a later stage; welcomes the commitment of the Secretary-General to immediately update its Bureau and Committee on Budgets on any new information from the Member States on their intended participation and/or opt-outs as and when it becomes available;

14.  Is also encouraged by the information that contacts have been made with Member States, the Council and the current and forthcoming Council Presidencies, concerning the agreement on a Statute for Assistants; recalls, in this respect, its guidelines and stresses once again the importance it attaches to resolving this issue;

15.  Looks forward to the proposal on a Knowledge Management System that should be presented to the Bureau within the next few weeks; reaffirms its intention to follow this issue closely and its recommendation to the Bureau to take the necessary decisions before the middle of July 2008;

16.  Notwithstanding the positive outcome of the enhanced cooperation so far, and the results of the pre-conciliation meeting in particular, underlines that a more detailed examination of individual budget items should take place before the first reading of the budget in autumn 2008; will thus examine and take the final budgetary decisions at that time;

17.  Adopts the estimates for the financial year 2009 as drawn up by the Bureau on 21 April 2008; recalls that the adoption of the draft budget will take place at first reading in October 2008, in accordance with the voting procedure laid down by the Treaty;

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

(1) OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).
(2) OJ C 139, 14.6.2006, p. 1. Agreement as amended by Decision 2008/29/EC of the European Parliament and of the Council (OJ L 6, 10.1.2008, p. 7).
(3) Texts adopted , P6_TA(2008)0115.


Trade in raw materials and commodities
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European Parliament resolution of 20 May 2008 on trade in raw materials and commodities (2008/2051(INI))
P6_TA(2008)0209A6-0134/2008

The European Parliament,

–   having regard to its resolutions of 3 September 2002 on trade and development for poverty eradication(1), of 30 January 2003 on world hunger and the elimination of barriers to trade with the poorest countries(2), of 10 April 2003 on the crisis in the international coffee market(3), of 1 June 2006 on trade and poverty: designing trade policies to maximise trade's contribution to poverty relief(4), of 15 February 2007 on the macroeconomic impact of the increase in the price of energy(5), of 22 May 2007 on Global Europe - external aspects of competitiveness(6), of 23 May 2007 on the EU's Aid for Trade(7) and of 29 November 2007 on Trade and Climate Change(8),

–   having regard to the Millennium Declaration of 8 September 2000, which sets out the Millennium Development Goals (MDGs) as criteria established collectively by the international community for the elimination of poverty, and the review and update thereof at the United Nations 2005 World Summit of 14 –16 September 2005,

–   having regard to the reports of the three working groups of the Intergovernmental Panel on Climate Change (IPCC) entitled ''Climate change 2007: The Physical Science Basis'', ''Climate change 2007: Impacts, Adaptation and Vulnerability'' and ''Climate change 2007: Mitigation of Climate Change'', all published in 2007,

–   having regard to the Communication from the Commission to the Council and the European Parliament entitled ''Agricultural Commodity Chains, Dependence and Poverty - A proposal for an EU Action Plan'' (COM(2004)0089),

–   having regard to the Communications from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled "Global Europe: Competing in the world – A contribution to the EU's Growth and Jobs Strategy" (COM(2006)0567) and "Global Europe: A Stronger Partnership to deliver Market Access for European exporters" (COM(2007)0183),

–   having regard to the Communication from the Commission to the Council and the European Parliament entitled "on the Competitiveness of the Metals Industries – A contribution to the EU's Growth and Jobs Strategy" (COM(2008)0108),

–   having regard to the Beijing Declaration and the Platform for Action adopted on 15 September 1995 by the United Nations Fourth World Conference on Women,

–   having regard to the report by the Food and Agriculture Organization (FAO) entitled "Livestock's Long Shadow", published in 2006,

–   having regard to the work of the United Nations Conference on Trade and Development (UNCTAD) and the Accra Accord and Declaration concluded on 25 April 2008 at UNCTAD XII in Accra, Ghana,

–   having regard to the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions entitled "Thematic Strategy on the Sustainable Use of Natural Resources", published on the 21st of December 2005 (COM(2005)0670),

–   having regard to the G8 Summit declaration on "Growth and responsibility in the world economy" signed in Heiligendamm on 7 June 2007, in particular to its chapter on "Responsibility for raw materials: transparency and sustainable growth" according to which "free, transparent and open markets are fundamental to global growth, stability and sustainable development",

–   having regard to the Fourth report of the High Level Group on Competitiveness, Energy and the Environment of 11 June 2007 which supports the development of a raw materials policy, built on a well operating free and fair global market for raw materials using trade policy, in particular international multilateral and bilateral agreements, to ensure that EU and third countries support open and undistorted markets,

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

–   having regard to the report of the Committee on International Trade (A6-0134/2008),

A.   whereas raw materials and commodities should be understood as agricultural food products, agricultural primary commodities, metals, minerals and energy products, which serve as input in the industrial process, whether processed, unprocessed, or recycling products such as scrap,

B.   whereas since 2002 the price index for non-fuel commodities has risen by 159%, metal and mineral prices by 285% and agricultural raw material prices have increased by 133%,

C.   whereas the EU economy depends considerably on imports of raw materials from third countries and access to raw materials plays a crucial role in ensuring EU competitiveness,

D.   whereas the recent price increase for raw materials has led to a lack of economic growth in the European Union and threatens EU competitiveness,

E.   whereas a further increase in worldwide demand in raw materials in the future is expected; whereas this increase will be due to economic growth in emerging economies,

F.   whereas in the past the short-term variations in prices of raw materials and commodities have shown extreme volatility and become even worse over time with phases of overproduction being followed by periods of shortages,

G.   whereas the recent price increases in international markets should not conceal the fact that prices of raw materials and commodities, compared with those of manufactured goods, have been characterised by a long-term downward trend,

H.   whereas these price increases - especially when instituted for industrial purposes by emerging economies - have posed competitiveness challenges to the EU's manufacturing industry and have raised longer term issues related to security of supply of raw materials,

I.   whereas 95 of 141 developing countries derive at least 50% of their export earnings from commodity exports,

J.   whereas the European Union is a major competitor in international trade in raw materials and commodities not least as a net importer of raw materials,

K.   whereas the European Union, due to the characteristics of the European industrial base, is highly dependent on imports of raw materials for its competitiveness and for its economic development,

L.   whereas there are many examples of policies and measures introduced by third countries, as well as a trend of creating obstacles to free and fair access to raw materials in emerging countries, which have the effect of limiting access by EU industries to raw materials and commodities,

M.   whereas the strengthening of research and innovation plays an important role in encouraging sustainable raw materials supplies,

N.   whereas the systems of STABEX, SYSMIN and FLEX reflect past and current efforts by the European Union to support developing countries affected by price and income instability,

O.   whereas the recent price increases on international markets for raw materials and commodities are due to a significant increase in the demand from emerging economies such as China, India and Brazil, changed weather patterns, some restrictive practices from some exporting countries and a boom in the market of agro fuels, livestock production, as well as stock market speculation,

P.   whereas women make up a significant majority of the world's poor who are often dependent on the acquisition, production and transformation of raw materials and commodities for their survival and livelihood,

Q.   whereas the international community has stated the need for an international effort to eliminate poverty through the concrete goals set out in the MDGs which ought to be fulfilled before 2015; whereas sufficient attention must be paid to the vital importance of commodity issues for developing countries,

R.   whereas the sustainable exploitation of natural resources could reduce poverty and foster economic growth if good governance is promoted; whereas weak governance in countries rich in natural resources may also result in poverty, corruption, and conflict,

S.   whereas the preservation of biodiversity and the availability of cultivated land are essential elements for the future of any economy on earth; whereas any form of extraction of raw materials should keep these imperatives in mind,

T.   whereas climate change is taking place and is partly caused by human activity; whereas the extraction, production and transformation of raw materials and commodities results in significant emissions of greenhouse gases; whereas EU industry is facing increasing constraints for the purpose of addressing this issue, at the expense of its competitiveness,

U.   whereas the European Union currently does not provide a coherent strategy to face the challenges for the competitiveness of its economy due to enhanced competition in access to raw materials,

1.  Urges the Commission and the EU's trade partners to address seriously, in all negotiations for trade agreements, the climate change imperatives of sharply reducing the extraction and exploitation of natural resources and to foster the expansion of energy-saving, renewable and resource-efficient technologies;

Secure supplies of raw materials for the EU and ensure access to raw materials on world markets

2.  Recognises that access to raw materials and commodities is vital for the EU economy, due to its lack of domestic supply of several raw materials;

3.  Notes with concern the prospects of an increasing demand for raw materials on world markets; is worried about the limits of exploration capacity for the near future; takes note of the limited involvement of European companies in the exploration of raw materials in third countries;

4.  Is concerned about the trend to restrict free access to raw materials in third countries by trade distorting measures; recognises however the right of countries to restrict access to their raw materials for environmental purposes or to address critical shortages of supply when necessary; this right must be exercised in conjunction with other domestic measures;

5.  Is concerned about those investment activities aimed at better access to raw materials which neither comply with standards of fair and free competition nor to the principles of good governance and sustainability;

6.  Asks the Commission to promote investment in research and development in technologies for the recycling of raw materials and the efficient and economic use of raw materials; calls on the Commission and the Member States to give more weight to this objective in their research activities;

7.  Urges the Commission to address the issue of free and fair access to raw material markets in the framework of the World Trade Organization (WTO); asks the Commission to pursue actively the objective of multilateral elimination of trade distorting measures in the sector of raw materials, while fully respecting restrictions based on developmental grounds for least developed countries (LDCs);

8.  Asks the Commission to negotiate non-discriminatory access to raw material markets in return for access to energy-saving, renewable and resource-efficient technologies in all bilateral negotiations on free trade agreements; sets out the objective of abandoning all trade distorting measures which lead to an increase in the use and consumption of raw materials as an important objective in all possible agreements, while fully respecting developmental goals;

9.  Asks the Commission to include the issue of raw materials in the market access strategy; welcomes the consultation on the supply of raw materials; calls on the Commission to draw up a coherent strategy on the supply of raw materials; recalls that Parliament is to be involved in all phases of these activities;

Making developing countries and in particular LDCs benefit from raw materials

10.  Regrets that many developing countries, and in particular LDCs, have been locked into the production and export of raw materials and commodities whose volatile prices have been declining over the long term, constituting a serious impediment to the alleviation of poverty as well as the realisation of the MDGs, but recognises that increasing commodity prices have contributed to significant improvements in the external accounts of some developing countries dependent on primary commodities; underlines the opportunities for the producer countries which lie in the own exploration and management of raw material deposits when fundamental rules of transparency and fair competition are respected;

11.  Calls on the Commission to seek the effective elimination of the causes of distortions by firmly raising these issues in bilateral consultations and negotiations and to promote the development of new WTO rules at a multilateral level;

12.  Supports current efforts in developing countries, and in particular in LDCs, to diversify their economies and develop economic activities at more advanced stages of the production process, in order to include processing and marketing and to enhance the quality, productivity and production of products with a higher degree of value added; urges the Commission to support national commodity development and diversification strategies with support from the European Development Fund when necessary;

13.  Considers the set-up of regional economic frameworks and increased regional cooperation among developing countries to be of the utmost importance for the sustainable economic development of those countries; underlines in this respect the importance of South-South trade for the economic development of those countries;

14.  Considers that, in the long term, regional economic and trade cooperation should be fostered and could lead to free trade agreements; notes at the same time that in different regional contexts free trade agreements face difficulties; considers that the EuroMed free trade agreement should be a priority given the importance of trade in raw materials in this region;

15.  Encourages developing countries, and in particular LDCs, to raise the necessary investments and consolidate economic diversification through strengthened infrastructure and institutional capacity building, promoting good governance in managing economic development as well as facilitating access and distribution of products from small scale producers to local markets which would also strengthen regional integration and economies of scale, urges the Commission to use aid-for-trade as an important tool for development as well as strengthen existing mechanisms for transfer of technology, especially as a means to manage climate change; asks the Commission to promote transparency of the revenues stemming from raw materials via programmes like the Extractive Industries Transparency Initiative (EITI) process;

16.  Encourages the Commission and EU companies to promote and invest in the transfer of environmentally friendly technologies;

17.  Considers that the outcome of the Doha Development Agenda should ensure fair, balanced, equitable and market-opening commitments in all raw materials markets;

18.  Recognises that the outcome of the Doha Development Agenda negotiations would significantly reduce tariff escalation; notes that the European Union has already phased out its tariffs on agricultural products from the LDCs (through the Everything But Arms initiative) and from many ACP countries (through Economic Partnership Agreements), and supports developing countries in identifying and implementing rules regarding special products and effective safeguard mechanisms for the sustainability of their markets and production;

19.  Asks the European Union's Member States as well as partners around the world, including the emerging economies, to ratify core International Labour Organization labour standards and relevant Organization for Economic Co-operation and Development guidelines, especially regarding the exploration and refining of raw materials; believes that the involvement of civil society and national parliaments is crucial to achieve environmental and socio-economic sustainable development;

20.  Acknowledges that speculation plays a significant role in the setting of prices of raw materials and commodities with increased volatility as a consequence;

21.  Calls on the Commission to implement a comprehensive and balanced strategy in the field of access to raw materials taking into account the interests of EU industry and developing countries;

22.  Calls on the Commission to review its compensatory finance scheme, FLEX, to ensure it is responsive and effective in supporting developing countries and in particular LDCs; believes that there is a need for relevant measures to be taken at national level in order to support the work being done by UNCTAD;

23.  Calls on the Commission to collect data and generate statistics on international trade in raw materials and commodities that takes place in real terms; believes that there is a need to get a clear picture of global trade flows in commodities and raw materials not falsified by purely speculative transactions in order to better target economic policy measures;

24.  Recognises that liberalisation of trade in agricultural food products and agricultural primary commodities has exposed small scale farmers in developing countries and in particular in LDCs to many new challenges. As small scale farmers are largely comprised of women, this can have a disproportionately negative effect on them if they are not able to cope with external competition;

25.  Stresses the fundamental nature of the right to food and the need to improve access by all people at all times to enough food for an active, healthy life;

26.  Strongly recommends, therefore, that all necessary measures are taken on a European and international scale in order to ensure moderate prices as an immediate way out of the food crisis; in the longer run, the creation of adequate regulation to better deal with speculative activities is needed; recommends in addition the examination of the powers and competences of national and international supervisory bodies in the field of food commodities in order to ensure that stable and secure markets are guaranteed in the future, and that speculation does not violate the right to food;

27.  Welcomes the establishment of the UN high-powered task force, which addresses the current food crisis and its impact on poverty; encourages world leaders to participate at the High-Level Conference on World Food Security to be held in Rome (3-5 June 2008);

28.  Supports developing countries in their endeavours to secure access to food for the local populations; believes that viable policy space must be further strengthened to enable national rules and measures for the development of this sector, as well as support women who carry the main responsibility for feeding their families and the local communities;

29.  Acknowledges that increased prices of agricultural food products and commodities can have detrimental effects on food security and the actual access to food in developing countries, with a risk of hunger, malnutrition or food riots among the poorest people in developing countries; urgently demands increased levels of humanitarian aid to alleviate the food crisis which is threatening the lives of 100 million persons;

30.  Calls on the Council and the Commission to ensure that multilateral, regional and bilateral trade agreements signed by the European Union are in accordance with the objective of sustainable development; calls on the Commission to take the necessary legislative measures to ensure the integration of its trade Sustainable Impact Assessments in developing the EU's trade policy, in particular from a climate, gender and sustainable development perspective;

31.  Welcomes the Commission's announcement to present a Communication in 2008 aimed at improving conditions of sustainable access to minerals and secondary raw materials at EU and international level;

32.  Takes note of the increased criticism regarding the economic and environmental benefits of agro fuel production; calls on the Commission to stimulate research and innovation on sustainable raw material supply through efficient resource extraction and development, material use and recovery of end of life;

33.  Believes that the extraction, gathering and production of raw materials and commodities should be done in accordance with the principle of sustainability, which respects the natural processes of the ecosystems instead of altering them;

34.  Urges the Commission to step up its efforts to obtain an international agreement on conflict resources whose primary objective would be to prohibit all trade in resources fuelling or resulting from armed conflicts, insists in the meantime on the development of a regulation prohibiting the trading and marketing of conflict resources in the European Union and urges all countries involved in the diamond trade to subscribe fully to the Kimberley certification scheme for international trade in rough diamonds; calls for the promotion of transparency via the EITI and other initiatives;

35.  Renews its call on the Council and the Commission to promote Fair Trade, and other independently monitored trading initiatives contributing to raising social and environmental standards in supporting small and marginalised producers in developing countries, encourages public authorities in the European Union to integrate Fair Trade and sustainability criteria into their public tenders and purchasing policies;

36.  Is concerned that a growing proportion of the earth's resources are used for livestock raising; recalls the abovementioned FAO report 'Livestock's Long Shadow' from November 2006 which estimates that the meat industry and livestock raising contribute 18% to the world's total greenhouse gas emissions, which also accelerate deforestation in developing countries; calls on the Commission to take the necessary action within this sector as well as to establish incentive mechanisms to avoid deforestation within the framework of international climate negotiations;

37.  Believes that the EITI, which aims to strengthen governance by improving transparency and accountability in the extractives sector should be implemented world wide, in order to provide better opportunities for developing countries to receive the equivalent value of their natural resources;

38.  Stresses that high oil prices reinforce the need for an urgent and different approach in energy policy aiming at improving energy efficiency and increasing use of other energy sources, including renewable energy;

39.  Realises that climate change will hit hardest the communities that already face significant social and economic problems; understands that especially women are a particularly vulnerable group; encourages efforts to adapt at local level through relevant financial and technical international support;

40.  Is concerned that China does not allow foreign companies to have a majority stake in sectors such as steel and has introduced a variety of mechanisms that restrict the export of metals raw materials or provide governmental support for buying them from external sources; recognises that such practices create serious difficulties for EU industry interests in respecting climate change goals and exporting energy-saving, renewable and resource-efficient technologies, and that this must be tackled using all available instruments, including through the facilitation of technology transfer both politically and financially;

41.  Points out that the new trading policy of some emerging countries, especially China, for raw materials worldwide, in particular in Africa, is having a major and negative impact on global security of access to commodities; stresses the need to overcome the current approach based on one-to-one relations between states and neglecting references to human rights, corporate social responsibility and environmental and social standards, in favour of a multilateral approach based on the criteria of sufficiency and sustainability of resource use;

42.  Welcomes the Commission's initiative to continue to use all existing instruments to address trade practices in violation of international trade agreements as announced in its above-mentioned Communication on the Competitiveness of the Metals Industries;

o
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43.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and relevant international organisations such as UNCTAD, the WTO, the World Bank, the Common Fund for Commodities (CFC) and the FAO.

(1) OJ C 272 E, 13.11.2003, p. 277.
(2) OJ C 39 E, 13.2.2004, p. 79.
(3) OJ C 64 E, 12.3.2004, p. 607.
(4) OJ 298 E, 8.12.2006, p. 261.
(5) OJ 287 E, 29.11.2007, p. 548.
(6) OJ C 102 E, 24.4.2008, p. 128.
(7) OJ C 102 E, 24.4.2008, p. 291.
(8) Texts adopted, P6_TA(2007)0576.


Outermost regions
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European Parliament resolution of 20 May 2008 on the strategy for the outermost regions: achievements and future prospects (2008/2010(INI))
P6_TA(2008)0210A6-0158/2008

The European Parliament,

–   having regard to the communication from the Commission of 12 September 2007, 'Strategy for the outermost regions: achievements and future prospects' (COM(2007)0507) and the communications of 12 May 2004 (COM(2004)0343) and 23 August 2004 (COM(2004)0543) on a stronger partnership for the outermost regions,

–   having regard to Article 299(2) of the EC Treaty, which will be replaced by Articles 349 and 355 of the Treaty on the Functioning of the European Union following the entry into force of the Treaty of Lisbon, concerning the special characteristics of the outermost regions, and Article 107(3)(a) of the Treaty on the Functioning of the European Union,

–   having regard to paragraph 60 of the Presidency conclusions of the European Council in Brussels on 14 December 2007,

–   having regard to the final declaration of the Thirteenth Conference of Presidents of the Outermost Regions in Madeira on 5 October 2007,

–   having regard to its resolution of 25 October 2000 on the measures to implement Article 299(2): the outermost regions of the European Union(1), its resolution of 7 July 2005 on the proposal for a Council regulation laying down specific measures for agriculture in the outermost regions of the Union(2) and its resolution of 28 September 2005 on a stronger partnership for the outermost regions(3),

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

–   having regard to the report of the Committee on Regional Development and the opinion of the Committee on Fisheries (A6-0158/2008),

A.   whereas the Azores, the Canaries, Guadeloupe, Guyana, Madeira, Martinique and Reunion are characterised by a combination of permanent and severe handicaps, including their remoteness from the European mainland, their insularity or inaccessibility, their difficult topography and climate and the smallness of their markets,

B.   whereas Saint-Martin and Saint Barthélemy, which are administratively and politically separate from Guadeloupe, are named as new outermost regions (ORs) in Articles 349 and 355 of the Treaty on the Functioning of the European Union (EC Treaty, as amended by the Treaty of Lisbon),

C.   having regard to the structure of the economies of the outermost regions, marked by close links with agriculture and fisheries, which, together with services (particularly tourism), are economic activities which account for a very large number of jobs in these regions,

D.   having regard to the ORs' dependent situation, in social and economic terms, with regard to the fish stocks in their Exclusive Economic Zones (EEZs) and to the biological vulnerability of their fishing zones,

E.   whereas the immediate geographical environment of the outermost regions offers very limited market opportunities, while the markets of these regions are highly attractive to all neighbouring third countries,

F.   whereas the ORs are totally dependent on transport links and whereas the additional costs relating to the transport of persons and goods, inadequate services in terms of frequency or coverage, high fares, and the difficulties in setting up or maintaining regional transport services are major obstacles in the way of the economic development and accessibility of ORs,

G.   whereas, during the last three years, the ORs have been directly affected by major Community reforms, including the financial perspective, regional policy 2007-2013, the European Fisheries Fund, the European Agricultural Fund for Rural Development, State aids, the Common Organisation of the Markets in sugar and bananas and the Specific Options for Remoteness and Insularity Programme, and whereas these changes have frequently had serious effects on these regions,

H.   whereas the Union's political priorities, which must remain consistent with the ever more binding international commitments dictated by globalisation, particularly within the WTO, frequently run counter to the specific measures taken to assist the ORs,

I.   whereas the relative influence of the ORs has declined substantially in a Union that has grown from 12 to 27 Member States,

J.   whereas the image of ORs, often seen as regions subsidised by Community or regional funds, without consideration for the positive impact of such funding, is hardly offset by the genuine added value they contribute to the Union in environmental, cultural and geostrategic terms and as regards space research, which is not immediately visible,

K.   whereas the ORs are vital footholds for Europe in the heart of the Caribbean, in the neighbourhood of the Mercosur countries, and off the coast of Africa in the Indian and Atlantic Oceans, making the Union one of the world's largest maritime areas, with EEZs totalling 25 million km2, containing a wealth of resources of all kinds,

Achievements of the stronger partnership for the ORs

1.  Welcomes the fact that, three years after the publication of the highly ambitious political positions contained in the aforementioned communications on a 'stronger partnership for the outermost regions', the Commission is now submitting a fresh communication on this subject;

2.  Calls for the ORs unit in DG Regional Policy at the Commission to be maintained and its staff considerably strengthened in order to provide it with the resources necessary to fulfil its tasks, given the wide range of sectors involved and the complexity of the policies concerned;

3.  Notes that the communication offers a particularly favourable assessment of the action taken by the Commission, even though many of the measures it prides itself on only partly address the needs of the ORs (particularly in the fields of transport and accessibility, research, fisheries and regional cooperation) and no reference is made to the problems encountered and efforts made by the ORs, for example, in connection with the renewal of State aid schemes;

4.  Notes that Structural Fund intervention continues to play a major role in the development of the ORs; nevertheless, would like see indicators other than merely GDP as compared with the Community average being used to measure the degree of cohesion achieved and cohesion policy being better coordinated with other Community policies across the board, so as to enhance synergies; calls on the Commission to display greater flexibility and adapt its current and future policies more effectively to the realities of the situation of the ORs, on the basis of Article 299(2) of the EC Treaty;

5.  Notes the satisfactory results obtained under the POSEI programme (agriculture and fisheries) and in the sugar cane, rum and bananas sectors; wishes to see proper consideration given to the financial impact which the ongoing international negotiations and the measures undertaken at the WTO may have on these agricultural sectors; will closely monitor the forthcoming mid-term review of POSEI and the assessment of differentiated tax regimes;

6.  Maintains that the specific characteristics of the outermost regions call for a strategy based on policies and measures that are not dependent on transitional criteria or circumstantial wealth trends, are adapted to the different needs of each of those regions and contribute to offering solutions for the permanent constraints to which they are subject;

7.  Calls on the Commission, recognising the specific characteristics of and differences between ORs, on the one hand, and considering their role in the EU's integrated maritime policy, on the other, to include in its plan support measures for the fishing industries in these regions; considers that the Commission must ensure positive discrimination for the ORs' fleets in terms of access to their own fish stocks, and also, specifically, safeguard the sustainability of traditional fisheries;

Fruition stage of the stronger partnership for the ORs

8.  Regrets that the proposals put forward by the Commission for the fruition of the partnership mostly concern measures which already exist or are being finalised (the European Transport Network, the European Energy Network, the Seventh Framework Programme for research, development and demonstration activities, the Framework Programme on Innovation and Competitiveness, regional policy); awaits clarification of the specific operational resources to be given to the ORs to develop these opportunities;

9.  Is concerned at the ever-increasing importance placed by the Commission on tools for assessing Community policies and instruments to assist the ORs, and to estimating the quantitative effects of the handicaps faced by these regions with a view to devising a methodology for offsetting the additional costs linked to their outermost status;

10.  Hopes that this tendency to take into account increasingly mathematical justifications for the measures taken will not serve as a pretext for calling into question part of the Union's policy to assist the ORs nor deter institutional and economic actors in the outermost regions by imposing conditions on them which are too difficult to meet;

11.  Regrets the initial reluctance shown by DG Trade to take into account the specific characteristics of the outermost regions when negotiating Economic Partnership Agreements (EPAs) and urges the Commission to continue to seek compromises that respect the interests of the ORs concerned, when it comes to reaching final agreements with the ACP countries;

12.  Calls on the Commission to provide evidence that it genuinely intends to promote the regional integration of the ORs so as to give real substance to the Wider Neighbourhood Action Plan it promised in 2004;

13.  Is concerned at some of the measures proposed by the Commission in the transport sector, particularly the assessment of specific needs and the taking into account of environmental externalities; reiterates the need for the ORs to be given differential treatment in this area, particularly as regards the inclusion of civil aviation in the Emission Trading Scheme (ETS) system, so as not to jeopardise the efforts made to overcome their accessibility deficit;

14.  Considers that Community actions should be a catalyst for a spirit of enterprise that will, including on the basis of public/private partnerships, transform the ORs into centres of excellence, driven by sectors which fully exploit their advantages and know-how, such as waste management, renewable energies, energy self-sufficiency, biodiversity, student mobility, research into climate change and crisis management;

15.  Points out that many actions and programmes to be pursued and initiated for the ORs can make significant contributions to established Community and international priorities, in particular as regards climate change, the protection of biodiversity, renewable energies, health in developing countries, food supplies and diversification of economic and productive activities; welcomes the implementation of the NET-BIOME programme (NETworking tropical and subtropical Biodiversity research in OuterMost regions and territories of Europe) in particular, which is a significant example of the ORs' potential in the field of scientific research; wonders, however, about the fact that, despite the quantity of projects conducted and the extent of the OR's potential, the ORs' integration in the European Research Area is still limited;

16.  Calls for the efforts made to date concerning the ORs to be pursued in order both to step up the establishment of local research facilities that are equal to their potential and to encourage and help the development of attractive, successful universities, with genuine resources and with standards equal to those of universities in other parts of the Union's territory;

Debate on the future of the Union's strategy for the ORs

17.  Commends the Commission on its initiative in opening a debate on the future of the strategy to assist the outermost regions, in the form of a public consultation, the results of which will serve as the basis for drawing up a new proposal by 2009;

18.  Stresses, nevertheless, that this debate should not be confined to the challenges mentioned (climate change, demographic change and migration management, agriculture, maritime policy) even though these topics clearly cannot be ignored, and considers that the debate should necessarily include Lisbon strategy implementation as regards the ORs;

19.  Urges that the scope of Article 299(2) of the EC Treaty (in due course Articles 349 and 355 of the Treaty on the Functioning of the European Union), which is the cornerstone of the Union's policy to assist ORs and the basis for the approach taken to these regions by the Commission's services, should be included on the agenda for the debates so as to give them the legal, institutional and political substance they merit;

20.  Stresses the importance of public services for economic, social and territorial cohesion in the outermost regions, in such areas as air and sea transport, postal services, energy and communications;

21.  Believes there is an urgent need to adopt measures aimed at combating endemic unemployment, poverty and unequal income distribution in the ORs, which have some of the worst rates in the Union;

22.  Calls on the Commission to assist any Member States planning to implement the 'passerelle' clause in Article 355(6) of the Treaty on the Functioning of the European Union;

23.  Believes that the ORs provide the Union with an opportunity in its current reflection on climate distortion with regard to trend observation, damage prevention, disaster response and the protection of ecosystems; calls, in this connection, on the Council to adopt without delay the proposal for a regulation of the European Parliament and of the Council establishing the European Union Solidarity Fund, which is specifically aimed at the special position of outermost regions; believes also that the Commission's proposals to strengthen the Union's disaster response capacity should make full use of expertise relating to the geographical location of these regions;

24.  Believes that the future common immigration policy should devote special attention to the position of ORs, which are all EU external borders, are surrounded by less-favoured third countries and are subject to very strong migratory pressure which, added to a population growth rate which in many cases is still far higher than the Community average, is causing worrying levels of economic and social tension in these regions;

25.  Requests that Community support for agriculture in the ORs, which is given less emphasis than other sectors, should be the object of extensive debate with reference to identifying the real challenges, the need to move towards local self-sufficiency, farm income levels, support for producers" organisations in connection with the marketing of their products, the importance of the environmental dimension and the need to take into account the effects of the opening up of trade introduced by the EPAs and the free-trade agreements currently being negotiated with several Latin American regions;

26.  Believes that ORs should be placed at the heart of EU maritime policy, and stresses that the debate on this issue should focus on the role they can play as regards sustainable use of seas, oceans and coastal areas, and international maritime governance;

27.  Requests the Commission, the Council and the other EU institutions concerned to efficiently and adequately and effectively ensure future Community funding of the Union's strategy to assist ORs and the compensation of handicaps linked to their outermost status;

28.  Recommends that ways of overcoming the narrowness of local markets, the increasingly open competitive environment and the difficulty of finding market outlets in mainland Europe markets, as well as of improving the coordination of the European Regional Development Fund/European Development Fund (ERDF/EDF) and European Regional Development Fund/Development Cooperation Instrument (ERDF/DCI) funding for cooperation projects with neighbouring countries, should also be priorities for debate, together with effective participation by the ORs in European policies to promote innovation and overcome the digital divide in order to ensure full access for the inhabitants of these regions to the means of information and communication offered by the new technologies, including broadband Internet access;

29.  Stresses that the partnership, which is essential to the success of the debate, should not be limited solely to European, national and local public institutions, but should provide an opportunity, as in the past, to involve in discussions the entire economic fabric of the outermost regions, represented by structured organisations which have day-to-day experience of the impact of Community policies on the ground; calls on the Commission to submit, following the Partners' Conference, organised by the Commission, on the European strategy in relation to ORs, which is due to be held in Brussels on 14 and 15 May 2008, a new communication taking due account of the progress made at the conference;

30.  Considers that the best strategy for ensuring the endogenous and sustainable development of the outermost regions is to make the most of their particular attributes, as outposts of the Union outside continental Europe, especially through a form of tourism that fully reflects the wealth of their history and cultural, artistic and architectural heritage, which the Union has a duty to preserve;

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31.  Instructs its President to forward this resolution to the Council, the Commission, the Committee of the Regions, the Economic and Social Committee, the national, regional and local authorities of the ORs, and the President-in-Office of the Conference of Presidents of the Outermost Regions.

(1) OJ C 197, 12.7.2001, p. 197.
(2) OJ C 157 E, 6.7.2006, p. 497.
(3) OJ C 227 E, 21.9.2006, p. 512.


EU consumer policy strategy 2007-2013
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European Parliament resolution of 20 May 2008 on EU consumer policy strategy 2007-2013 (2007/2189(INI))
P6_TA(2008)0211A6-0155/2008

The European Parliament,

–   having regard to the Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee entitled "EU Consumer Policy strategy 2007-2013 - Empowering consumers, enhancing their welfare, effectively protecting them" (COM(2007)0099),

–   having regard to the Council Resolution on the Consumer Policy Strategy of the EU (2007-2013), adopted at its meeting held on 30 and 31 May 2007,

–   having regard to its resolution of 27 September 2007 on the obligations of cross-border service providers(1),

–   having regard to its resolution of 6 September 2007 on the Green Paper on the Review of the Consumer Acquis(2),

–   having regard to its resolution of 4 September 2007 on the Single Market Review: tackling barriers and inefficiencies through better implementation and enforcement(3),

–   having regard to its resolution of 21 June 2007 on consumer confidence in the digital environment(4),

–   having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a single market for 21st century Europe (COM(2007)0724),

–   having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, accompanying the Communication on a single market for 21st century Europe, on services of general interest, including social services of general interest: a new European commitment (COM(2007)0725),

–   having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on opportunities, access and solidarity: towards a new social vision for 21st century Europe (COM(2007)0726),

–   having regard to the Commission Staff Working Document entitled "Initiatives In The Area Of Retail Financial Services" (SEC(2007)1520), accompanying the Communication from the Commission on a single market for 21st century Europe,

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

–   having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Legal Affairs and the Committee on Women's Rights and Gender Equality (A6-0155/2008),

Introduction

1.  Welcomes the Commission's communication on EU consumer policy strategy and also appreciates the Commission's efforts to incorporate consumer culture established at a higher level of consumer awareness, which forms the basis for better transposition and implementation of the existing legal framework;

2.  Takes the view that a horizontal approach to consumer policy is necessary and that it is vital to take the consumer's interest into account in all relevant policy areas in order to ensure that all EU consumers enjoy a high level of protection; hence welcomes the Commission's highlighting the need to ensure that the internal market is more responsive to the expectations and concerns of citizens; stresses that consumer protection and the completion of the internal market are not conflicting objectives but on the contrary go hand in hand; reminds the Commission, in this respect, that consumer policy should be present in all policy areas as early as the stage of the impact assessment;

3.  Considers that the needs of consumer protection can be satisfied by legislation only if it is better, simpler and prepared with the involvement of all the competent Commission Directorates-General – Health and Consumers; Justice, Freedom and Security; Internal Market and Services; Competition;

4.  Emphasises the fact that the review of the consumer acquis should lead to a more coherent legal framework for consumers' rights; recalls its preference for the adoption of a mixed approach, i.e. a horizontal instrument with the primary goal of ensuring the coherence of existing legislation and enabling loopholes to be closed by grouping together, in consistent law, cross-sectoral issues common to all directives; considers that specific questions should continue to be considered separately in the sectoral directives; the long established principles of consumer rights should also be applied in the digital world; urges, in the context of the review of the aquis, more steps to be taken to ensure consumer protection, including privacy and security, in the digital world, without, however, putting an additional and unjustified burden on industry;

5.  Deplores the weak emphasis on the law of contract in consumer protection and calls on the Commission to draw on the work done in the contract law project, where necessary refocusing it;

6.  Since the greatest obstacles to the development of an internal market in retailing include uncertainties regarding consumer contracts, supports the Commission in its efforts to introduce standard contracts and conditions for contracts concluded on-line which would have the same force in all the Member States;

7.  Emphasises the important role played by consumer organisations in improving consumer culture; considers strong, independent consumer organisations to be the basis of an effective consumer policy; hence calls on the Commission and the Member States to provide adequate funding for such organisations; advises the Commission, when drafting legislative proposals relating to consumer protection, to increase contact with non-governmental consumer organisations, which are well-placed to identify the actual needs of consumers;

8.  Welcomes the proposal for consumer liaison officers to be appointed within the Commission; urges each relevant Directorate-General to publish annual reports on how consumer policy is integrated into its area of responsibility;

9.  Takes the view that a strong consumer protection system, effective all over Europe, will benefit consumers as well as competitive producers and sellers; underlines the fact that this will create incentives for businesses to produce and sell more durable goods, resulting in more sustainable growth; underlines the fact that effective and improved consumer protection is necessary in order to achieve a better functioning internal market;

10.  Calls for measures to ensure that the 27 national mini-markets within the EU will actually be transformed into the largest retail market in the world; takes the view that this requires that citizens feel equally safe shopping via the internet or at the local corner shop, and that small and medium-sized enterprises (SMEs) can rely on the same simple rules throughout the internal market; calls on the Commission to consider ways of improving protection for SMEs, in particular by means of the Small Business Act;

11.  Stresses that the completion of the internal market must be a priority; recognises the positive role that the euro has played in reducing transaction costs, facilitating cross-border price comparisons for consumers, and increasing the potential of the internal market for retail; encourages the new Member States to continue with reforms in order to be able to adopt the euro as soon as they fulfil the Maastricht criteria, and thus to benefit fully from the positive impact of the single currency on the internal market; calls for the removal of all remaining barriers and obstacles in order to secure consumer confidence in cross-border purchases and other contracts, particularly concerning services, while keeping in mind the necessity of a specific approach with regard to language, culture and consumer preferences;

12.  Stresses that European norms in consumer policy and self-regulation initiatives should serve as a reference for global standards and best practices, and welcomes the fact that Europe is a trendsetter, using its soft power to improve consumer rights globally;

13.  Encourages the Commission to continue to strongly support consumers' rights in relation to product safety by ensuring the integrity of the CE marking and improving market surveillance at all appropriate national levels, using the RAPEX (Rapid Alert System for non-food consumer products), through the sharing of best practice solutions for market surveillance among Member States; calls on the Commission to work with Member States to ensure that existing legislation is properly implemented and fully enforced by the Member States including by assessing the possibility of reviewing Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety(5) ("the General Product Safety Directive"); recalls that the CE marking can be wrongly interpreted as a general indication of third-party testing or a mark of origin, but also that the Commission has been requested(6) to present an in-depth analysis in the field of consumer safety markings, if necessary followed by legislative proposals;

14.  Welcomes the Commission's efforts to strengthen cooperation in the area of product safety at international level, in particular with the Chinese, US and Japanese authorities; notes that continued dialogue and information-sharing on product safety is in the interests of all parties and central to building consumer confidence; urges the Commission to report back to Parliament on this at regular intervals;

Improved knowledge base

15.  Takes the view that, as a rule, consumers can be assumed to act rationally prior to a purchase, but not to be fully aware of their rights in case of problems; hence calls for an increased focus on genuine consumer behaviour, while taking into account special needs of vulnerable groups such as children and elderly people and people with certain disabilities; recalls the newly adopted budget line proposed by Parliament for a pilot project inter alia to develop a consumer data base and conduct surveys and interviews and a comparison of achievements in the Member States; welcomes the work of the Commission in establishing a consumer policy scoreboard, which will lead to improved understanding inter alia of price structures and consumer behaviour and satisfaction;

16.  Stresses the need for any harmonisation measures to be targeted carefully so as to tackle the real problems faced by consumers in the internal market; considers that, where there is a genuine need for harmonisation, it should be full in order to avoid consumer protection across the EU being patchy and difficult for undertakings to take into account in marketing across borders; points out that the present situation constitutes a disincentive for SMEs seeking to trade Europe-wide and is confusing for consumers;

17.  Is of the view that special focus should be given to equip consumers with the skills and tools needed to increase their confidence in the digital environment; points out that personal data have become a trade product as well as an ingredient of commercial methods, for example behavioural targeting; is of the opinion, therefore, that data protection and privacy rules should be included in any consumer strategy; emphasises the fact that data are available for use at any given moment, in any part of the world; emphasises the urgent need for global standards for data protection to be developed by law-makers jointly with industry and consumer organisations;

18.  Highlights the important role of new and increasingly used selling channels, such as e-commerce, in strengthening competition in the internal market and, as a consequence, the capacity to consume; is of the opinion that financial, banking and insurance markets are particularly open to e-commerce and urges the Commission and the Member States to ensure more favourable conditions for the development of the cross-border e-purchase; asks the Commission to conduct a study on the different mechanisms for solving disagreements between consumers and enterprises used in the Member States, with the aim to identify and promote the use of the effective ones; encourages the creation of a sound basis of consumer protection, which is essential, particularly in financial services;

19.  Welcomes the use of the Seventh Framework Programme for Research and Technological Development as a tool to further increase analytical and empirical understanding of consumer behaviour;

20.  Takes the view that consumer protection should be an integral part of the processes of the planning and design of products and services by undertakings, and that examining market change is vital;

21.  Calls for measures to improve dialogue at EU level between consumer organisations and industry, to include all actors in the value chain; takes the view that a good dialogue, including the sharing of best practices, could reduce problems in the internal market; supports initiatives designed to encourage the participation of consumer policy stakeholders in consultations and policy development; welcomes efforts aimed at strengthening consumer protection and consumer awareness in newer Member States; stresses the importance of continued support for consumer organisations in the EU, in particular in newer Member States;

22.  Underlines the fact that the development of a consumer culture is assisted by the systematic education of consumers as regards their rights and the assertion thereof; for this reason, the EU and the Member States should invest more in consumer information and education campaigns that target the right messages at the right consumer segment; emphasises the fact that consumer education must form part of lifelong education and recommends the use of new technologies (in particular the internet) as a means of informing consumers;

23.  Is of the opinion that increased emphasis should be given to the special needs of vulnerable groups, such as children, elderly people and people with certain disabilities, when designing consumer policy, and that demographic development should be taken into account;

24.  Underlines the need for a gender, as well as an age and ethnic dimension, to be taken into account when developing indicators and statistics in order to identify specific problem areas facing different consumer groups;

Enhanced focus on services

25.  Recalls its resolution on the obligations of cross-border service providers; looks forward to the Commission work programme on this issue; asks the Commission to further clarify its intentions, if any, for further initiatives in this area;

26.  Highlights the importance of promoting cross-border transactions in order to increase freedom of choice and the role of competition policy and education about responsible consumption in ensuring that consumers have the best options in terms of price, quality and variety, particularly regarding basic goods and services such as food, housing, education, health, energy, transport and telecommunications; stresses that enhanced liberalisation of the services market in particular is needed to promote competition, thus offering lower prices for consumers; calls on the Commission and the Member States to promote innovation in the financial services sector with the aim of providing better options for consumers;

27.  Underlines the need, in addition to adequate and effective measures to protect consumers, to ensure good communication on the subject, so as to make it clear to consumers how they can assert their rights under internal market legislation and other legislation from which they stand to benefit;

28.  Considers that special attention is needed to ensure consumer protection and choice in the completion of the internal market for financial services; stresses that financial, banking and insurance products are extremely complex, and that if citizens are to be encouraged to increase their use of those products, especially when dealing with their future pensions, binding policies favouring consumer information and advice should ensure that consumers are aware of all the options available; stresses, however, that consumer protection cannot be an excuse for protectionism; underlines that a fully integrated retail financial services market must be driven by market forces;

29.  Believes that, in relation to financial markets, the key issue is the transposition and full implementation of all EU legislation, as well as harmonisation across the Member States; recommends strengthening uniform enforcement of existing legislation before proposing additional rules; in relation to new legislation, urges the Commission to comply with the principle of better regulation, avoiding unjustified additional burdens on consumers and industry;

Improved access to redress

30.  Welcomes the strategy's focus on better enforcement and redress, which are important factors in creating consumer confidence; takes the view that creating consumer confidence is the most important factor for the completion of the internal market for consumer goods and services; advocates further work on this issue;

31.  Takes the view that disputes between consumers and economic operators should primarily be settled out of court, as solutions reached by non-judicial means of redress may be more rapid and reached at a lower cost; this necessitates strengthening the European Consumers Centres and SOLVIT and greater financial resources for their network; recalls that Member States are free to require that a prior consultation be undertaken by the party that intends to bring an action in order to give the defendant an opportunity to bring the contested infringement to an end;

32.  Recalls that Alternative Dispute Resolution (ADR) systems are, by their nature, an alternative solution to traditional black-letter law mechanisms; the incentive to use ADR is therefore dependent on the existence of hard-law alternatives that provide effective, readily accessible and non-discriminatory redress for the consumer;

33.  Recalls that the growth of e-commerce necessitates a harmonisation throughout the EU of ADR which satisfies the requirements of Commission Recommendation 98/257/EC of 30 March 1998 on the principles applicable to the bodies responsible for out-of-court settlement of consumer disputes(7) and Commission Recommendation 2001/310/EC of 4 April 2001 on the principles for out-of-court bodies involved in the consensual resolution of consumer disputes(8); more work is needed on on-line dispute resolution, for which Parliament has been calling since at least 1999;

34.  Recalls that safeguarding effective enforcement of rights originating from Community legislation is principally an obligation of Member States; they are responsible for adapting their national procedural law in such a way that these rights are readily enforceable, to the benefit of consumers and economic operators; first of all, the Community is not competent to prescribe rules for national procedural law, and moreover, Article 5 of the EC Treaty requires the Community not to go beyond what is necessary to achieve the objectives of the Treaty; consequently, in accordance with that Article, the specific features of national legal systems must as far as possible be taken into account by leaving Member States free to choose between different options having equivalent effect;

35.  Calls on the Commission to explore the merits of establishing a special European Consumer Ombudsman for cross-border cases; notes that a number of Member States have consumer ombudsmen in several sectors, helping consumers to deal with economic operators; believes this approach could be examined by the Commission on a country-by-country basis;

36.  Notes that in some, but not all, Member States elements of a specific consumer redress system already exist, such as joint actions, group actions, representative actions, test cases and skimming-off procedures; points to the fact that, as a result, consumers may face different legal provisions in cross-border cases in this respect;

37.  Recalls that Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers' interests(9) already aims at the protection of the collective interests of consumers; underlines that this Directive gives inter alia consumer organisations standing to start injunction procedures; asks the Commission to submit, to the Parliament and the Council, a report evaluating how far and why this Directive has or has not brought the expected improvements in relation to the protection of the collective interests of consumers;

38.  Considers that, before starting any reflections about legislation at EU level, a thorough examination of existing problems, if any, and the envisaged benefits for consumers should be undertaken;

39.  Considers that in a number of Member States there are constitutional constraints that have to be taken into account when it comes to designing a European model for consumer redress; further considers that Article 6 of the European Convention on Human Rights needs to be fully respected; calls on the Commission to submit a report to the Parliament and the Council on how, in this regard, to achieve the necessary balance between the rights of consumers, consumer organisations and economic operators;

40.  Calls on the Commission to carefully assess the issue of consumer redress in the Member States, bearing in mind that any new proposals by it in that area should be based on a thorough examination of existing problems and the envisaged benefits for consumers, andthat in respect of cross-border proceedings and possible systems of collective redress, extensive research should be carried out, drawing on experience around the world, with special regard to the concerns expressed at the excesses and drawbacks of the US model, and dealing clearly with the question of an appropriate legal base for such an instrument at EU level; asks the Commission then to present, as appropriate, a coherent solution at European level, providing all consumers with access to collective redress mechanisms for the settlement of cross-border complaints;

41.  Asks the Commission to consult Parliament and the Member States on the assessment of those studies;

o
o   o

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

(1) Texts adopted, P6_TA(2007)0421.
(2) Texts adopted, P6_TA(2007)0383.
(3) Texts adopted, P6_TA(2007)0367.
(4) Texts adopted, P6_TA(2007)0287.
(5) OJ L 11, 15.1.2002, p. 4.
(6) Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, (OJ L 218, 13.8.2008, p. 82), recital 52.
(7) OJ L 115, 17.4.1998, p. 31.
(8) OJ L 109, 19.4.2001, p. 56.
(9) OJ L 166, 11.6.1998, p. 51.


Progress made in equal-opportunities and non-discrimination in the EU (transposition of Directives 2000/43/EC and 2000/78/EC)
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European Parliament resolution of 20 May 2008 on progress made in equal opportunities and non-discrimination in the EU (the transposition of Directives 2000/43/EC and 2000/78/EC) (2007/2202(INI))
P6_TA(2008)0212A6-0159/2008

The European Parliament,

–   having regard to the Commission communication on non-discrimination and equal opportunities for all - A framework strategy (COM(2005)0224),

–   having regard to Article 13 of the EC Treaty,

–   having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin(1),

–   having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation(2),

–   having regard to the Commission communication on the application of Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (COM(2006)0643),

–   having regard to the Commission report on Developing Anti-Discrimination Law in Europe: The 25 EU Member States compared, of July 2007,

–   having regard to the national reports on the implementation of anti-discrimination legislation and the thematic reports produced by the network of legal experts in anti-discrimination to support its work set up by the Commission in order to provide independent information and advice on relevant developments in the Member States,

–   having regard to the UN International Convention on the Elimination of All Forms of Racial Discrimination,

–   having regard to the UN Convention on the Rights of Persons with Disabilities,

–   having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms and Protocol No12 thereto,

–   having regard to the Commission's Special Eurobarometer Survey on Discrimination in the European Union, of January 2007,

–   having regard to the designation of 2007 as European Year of Equal Opportunities for All and 2008 as European Year of Intercultural Dialogue,

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

–   having regard to the report of the Committee on Employment and Social Affairs and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0159/2008),

A.   whereas Article 6 of the Treaty on European Union provides that the European Union shall be founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States and it is important that political declarations on the fight against discrimination are matched by the progressive development and full and correct implementation of legislation and policies, notably as regards the directives prohibiting discrimination and projects promoting equality,

B.   whereas Article 6 of the Treaty on European Union also provides that the European Union shall respect fundamental rights as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the promotion of equality and non-discrimination in accordance with Article 13 of the EC Treaty should be a priority of the European Union's laws and policies,

C.   whereas employment is one of the basic requirements of social inclusion but levels of unemployment among many groups, in particular women, migrants, people with disabilities, ethnic minorities, older and younger people and those with isolated or unrecognised skills, remain unacceptably high; whereas unemployment among persons suffering from multiple discrimination is even higher,

D.   whereas Community law does not currently cover discrimination in most areas of Community competence and whereas Directives 2000/43/EC and 2000/78/EC provide different levels of protection, which create gaps in protection against discrimination that impacts on employment,

E.   whereas the Commission's mapping survey on Developing Anti-Discrimination law in Europe confirms that at Member State level there is a patchwork of legislation across Member States, protecting against discrimination in different ways and often lacking a common method of implementation, which has led to a lack of harmony in the implementation of directives and a situation in which people are not sufficiently aware of their rights,

F.   whereas the inconsistent application of non-discrimination policies in Member States contributes to the lack of implementation in practice of Community directives prohibiting discrimination, as is reflected in reports such as that of the European Group of Experts on Combating Sexual Orientation Discrimination entitled "Combating sexual orientation discrimination in employment: legislation in fifteen EU member states",

G.   whereas in its resolution of 5 December 2007 on the follow-up of the European Year of Equal Opportunities for All (2007)(3), the Council invited Member States and the Commission, in accordance with their respective competences, to sustain and reinforce the mainstreaming of disability issues into all relevant policies,

H.   whereas the Commission has therefore justly commenced procedures against several Member States, and needs to continue doing so when necessary,

1.  Calls on the Member States to take due account in their legislative practice of the various grounds for discrimination set out in Article 21 of the Charter of Fundamental Rights of the European Union;

2.  Recalls that Directives 2000/43/EC and 2000/78/EC provide minimum requirements and should be the foundation on which a more comprehensive Community anti-discrimination policy is built;

3.  Expresses concern about deficiencies in the transposition and implementation of Directives 2000/43/EC and 2000/78/EC by some Member States and the lack of information for EU citizens about possible remedies in cases of discrimination;

4.  Regrets that Directives 2000/43/EC and 2000/78/EC do not cover differences in treatment of a discriminatory nature based on physical criteria such as height or complexion, particularly in relation to access to jobs where there is no direct link between those physical characteristics and the skills required to perform the jobs concerned;

5.  Calls on the Member States to ensure that, following the transposition of all their provisions, Directives 2000/43/EC and 2000/78/EC are fully, correctly and effectively transposed and adequately implemented, and that, in accordance with their provisions, any exemptions are objectively justified;

6.  Calls on the competent EU, national and local authorities to improve the coordination of their efforts of implementation; calls for a unified approach to combating discrimination which is inclusive of, and takes into account, all grounds for discrimination at the same time;

7.  Emphasises that public authorities have a key role to play in promoting equality and preventing discrimination, through their policies, their provision of services and their employment practices;

8.  Calls for a commitment by the Commission to carry out a substantial review of the implementation of Directives 2000/43/EC and 2000/78/EC as well as issuing interpretive guidelines for their implementation to ensure full and correct implementation by Member States; calls on the Commission, in particular, to assess the way in which Member States have interpreted the exemptions provided for in Articles 6 and 8 when transposing Directive 2000/78/EC into national law; recalls that the implementation of both Directives requires a range of mechanisms and strategies including compliance, proactive engagement and enforcement as well as effective exchanges of best practices;

9.  Urges that sanctions applicable to infringements of national provisions adopted pursuant to the transposition of Directives 2000/43/EC and 2000/78/EC must be effective, proportionate and dissuasive;

10.  Urges the Commission to monitor carefully the transposition of Directives 2000/43/EC and 2000/78/EC as well as compliance with legislation resulting from their transposition, and to continue to put pressure on the Member States, by way of infringement and non-compliance procedures, to respect their legal obligations in fully transposing those Directives as soon as possible; believes that Parliament's competent Committee should play a role in the ongoing monitoring of Member States" obligations under those Directives;

11.  Reminds the Commission that Article 4 of Directive 2000/78/EC permits exceptions only to the extent that they are genuinely objectively necessary for the satisfactory performance of occupational activities; calls on the Commission to interpret that article strictly and to bring actions against Member States before the Court of Justice if they permit too broad a definition in their national legislation;

12.  Asks for an annual evaluation of Member State implementation as part of the open method of coordination and an extended review of the implementation of such legislation every five years as part of the Social Agenda; believes that independent bodies concerned with non-discrimination issues, including the Commission's network of legal experts and non-governmental organisations (NGOs) representing potential victims of discrimination, should be involved in that annual evaluation and that concrete measures should be taken to build the capacity of NGOs in order to enable them to provide information and support to victims and to contribute constructively to the annual evaluation;

13.  Believes that the absence of a provision in Directive 2000/78/EC indicating the necessity for broad definitions of disability has excluded some categories of disabled people from the legal protection of that Directive; therefore invites the Commission and the Member States to agree such broad definitions of disability urgently, in order to facilitate the harmonisation of anti-discrimination legislation, which could be based on the Convention on the Rights of Persons with Disabilities;

14.  Believes that the lack of a provision establishing a time limit for bringing proceedings to challenge discrimination has led some Member States to set very short time limits, which might be an obstacle to bringing such proceedings;

15.  Believes that exceptions linked to marital status in Directive 2000/78/EC has limited the protection against discrimination on the ground of sexual orientation offered by that Directive;

16.  Urges the Member States to promote more effectively the application of the rights of EU citizens under Directives 2000/43/EC and 2000/78/EC, and urges the Commission, the Member States, trade unions, employers, as well as governmental and non-governmental stakeholders to do all in their power to improve awareness of rights under those Directives and to ensure that victims of discrimination have access to a range of advocacy support to enable them effective to exercise their rights thereunder; notes that the burden is often on the victim to challenge the alleged perpetrator of the discrimination, frequently with neither support from any public authority nor access to legal aid; urges Member States to empower concerned independent bodies to provide effective help to victims of discrimination;

17.  Is concerned about the low level of awareness of anti-discrimination legislation among citizens in the Member States and calls on the Commission, the Member States, trade unions and employers to step up their efforts to raise that level of awareness; recalls that the Directives impose an obligation on Member States to disseminate information to the public on the relevant provisions of the Directives by all appropriate means;

18.  Recommends that Member States undertake independent reviews of preventive and restitutive anti-discriminatory measures and the effectiveness of protection against victimisation and ensure that statutory and non-statutory bodies that participate in the prevention of discrimination and that support the victims of discrimination are adequately resourced; recommends also that the Commission include peer reviews in its ongoing monitoring exercise;

19.  Recommends that Member States adequately resource and empower independent bodies that promote equality so that they can perform their role effectively and independently, including providing sound expertise on all forms of discrimination and appropriate assistance for victims of discrimination; encourages the Member States to ensure that the remit of those bodies covers all forms of discrimination, and calls on the Commission to establish standards against which to monitor and ensure the effectiveness and independence of those bodies;

20.  Recommends that Member States and the Commission resource and empower those NGOs that represent discriminated groups, and those that are active in informing citizens and providing legal aid, as regards matters of discrimination;

21.  Calls on the Member States to work together with the relevant social partners to monitor the correct implementation of Community legislation;

22.  Stresses that in any event Member States should ensure that victims of discrimination are automatically assisted in legal proceedings, if necessary by public funding through legal aid schemes;

23.  Calls upon the Commission practically and effectively to support the adoption of measures by Member States through the Progress programme and the European Social Fund in order to support programmes promoting equal opportunities and the eradication of discrimination;

24.  Recommends that, in order to provide a more effective level of protection, Member States should empower associations, organisations and other legal entities to engage in legal proceedings, including on behalf or in support of any victim;

25.  Urges the Member State governments to ensure equal treatment and opportunities under employment and social inclusion policies, and, in particular, to address the serious barriers raised by discrimination in recruitment procedures;

26.  Recommends that Member States ensure that associations, organisations and other legal entities may engage on behalf of one or more complainants in any judicial proceedings for the enforcement of the Directives;

27.  Calls on the Member States, in cooperation with the EU Agency for Fundamental Rights and the Commission, to collect, compile and publish comprehensive, accurate, comparable, reliable and separate statistics on discrimination at regular intervals and to publish them in such a way that they can be easily understood by the public and enable a more effective exchanges of best practices; stresses the need for the availability of sufficient funds to achieve this and the importance of developing ways of gathering data on discrimination in line with data protection legislation;

28.  Calls for the establishment of national integrated action plans against all forms of discrimination;

29.  Welcomes the Commission's interest in collecting equality data, including the publishing of the European handbook on such data; asks the Commission to study carefully the various legal questions and parameters regarding the issue of data collection and to put forward proposals to improve the recording of cases of discrimination and look at common standards for data collection; recommends that the Commission continue to provide legal training for judges, lawyers, trade unions and NGOs in order to enhance the long-term impact of the Directives, and also conduct more research and analysis of the impact of legislation transposing the Directives;

30.  Welcomes the Commission's interest in multiple discrimination, including its launch of a study on this subject; calls on the Commission to adopt a balanced broad concept of multiple discrimination and for the Commission to examine and supply data on multiple discrimination and hate crimes; calls on the Commission to include provisions explicitly designed to combat multiple discrimination in any future legislation adopted under Article 13 of the EC Treaty, which can be invoked on either one or a combination of more than one of the grounds;

31.  Stresses the importance of networking between groups active in combating discrimination at European, national, regional and local level;

32.  Calls on Member States to review their national legislation and consider repealing acts that are incompatible with Article 13 of the EC Treaty;

33.  Regards Directive 2000/43/EC as the foundation upon which to base a comprehensive anti-discrimination framework for measures relating to the prohibition against discrimination on the basis of race or ethnic origin; stresses, however, that account must be taken of problematic aspects which have already been identified and of the difficulties encountered by Member States in effectively transposing and implementing the provisions of that Directive;

34.  Stresses that the Commission must produce a common, EU-wide definition of, or at least work towards a consensus about, the meaning of positive action, thereby dispelling the myths surrounding its meaning and its application in some Member States, particularly given its effectiveness for successfully tackling discrimination and producing equality of outcomes in some Member States;

35.  Notes that the Commission may intend now to put forward only legislation to outlaw discrimination in access to goods and services on some, but not all grounds; reminds the Commission of its commitment to put forward a comprehensive directive covering disability, age, religion or belief and sexual orientation to complete the package of anti-discrimination legislation under Article 13 of the EC Treaty as provided in its 2008 work programme; reiterates the political, social and legal desirability of putting an end to the hierarchy of protection against the different grounds of discrimination; strongly believes that it does not make sense to prohibit discrimination in one area while allowing it in another;

36.  Awaits with interest the development of the Community definition of disability which will allow disabled people from all over the European Union to enjoy the same rights wherever they are situated within the European Union;

37.  Believes that any new proposed directive designed to combat discrimination as referred to in Article 13 of the EC Treaty will have to prohibit all forms of discrimination, including direct and indirect discrimination, in all areas already covered by Directives 2000/43/EC and 2000/78/EC, discrimination by association, discrimination linked to perceived membership of a protected group and harassment; believes that an instruction to discriminate should be deemed to constitute discrimination, and that an unjustified failure to make a reasonable accommodation should be regarded as a form of discrimination; believes that the Directives should make clear that there is no hierarchy between the different forms of discrimination and that they must all be combated in equally strong measure; insists that any new proposed legislation duly reflects all the specificities of the different respective grounds;

38.  Believes strongly that the material scope of the new proposal for a directive to combat discrimination within the meaning of Article 13 of the EC Treaty must be broad, covering all the areas that fall within the Community's competence as well as education, life-long learning, social protection including social security, housing and healthcare, images of discriminated groups in the media and advertising, physical access to information for people with disabilities, telecommunication, electronic communication, transport modes and public spaces, social advantages and access to and supply of goods and services which are available to the public; further believes that the new directive should also develop the scope of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions(4) to make it is consistent with the protection of discrimination against the other groups;

39.  Is firmly convinced that in combating discrimination, a holistic approach to raising public awareness must be developed, beginning with school programmes;

40.  Calls on the Commission to investigate how future legislation based on Article 13 can incorporate further provisions promoting the implementation of the principles of non-discrimination and equality which are not dependent on complaints being made by individual victims; believes that that investigation should consider how future legislation can create obligations to introduce positive action and/or positive duties to promote equality, and link obligations related to non-discrimination and equality to national public procurement policy;

41.  Takes the view that differences in treatment based on nationality or language, which are neither objectively and reasonably justified by a legitimate aim nor achieved by appropriate and necessary means, may constitute indirect discrimination on the grounds of racial or ethnic origin contrary to Directive 2000/43/EC;

42.  Considers that discrimination must also be seen as interfering with the four fundamental freedoms - particularly the freedom of movement for persons - and as such constitutes an obstacle to the functioning of the internal market; calls on the Commission to encourage the Member States to review their transitional provisions regulating access to their labour markets in order to eliminate differentiation between European citizens in this respect;

43.  Considers that minority communities, and in particular the Roma community, need specific social protection, since their problems of exploitation, discrimination and exclusion have become even more acute in the areas of education, health, housing, employment and women's rights following recent enlargements of the European Union;

44.  Recommends that, as regards access to high-quality education for disadvantaged and Roma children and their unjustified classification as disabled, special attention be paid to fighting all forms of discrimination encountered in the field of education;

45.  Emphasises, that legislation is effective only when citizens are aware of their rights and have easy access to the courts; therefore believes that the new proposal for a directive to combat discrimination within the meaning of Article 13 of the EC Treaty must also address remedies and enforcement and recommends the establishment by Member States of one or more independent and effective bodies for the promotion of equal treatment and for combating the various forms of discrimination, with a remit to cover all grounds of discrimination under Article 13, and all areas covered by Directive 76/207/EEC; believes that the competence of those bodies should include providing independent assistance to the victims of discrimination in order to enable them to pursue their complaints about discrimination, conducting independent surveys about the application of non-discrimination legislation and making recommendations on any issue relating to such discrimination;

46.  Calls for an obligation to be included in any future legislation under Article 13 of the EC Treaty to consult and include NGOs, independent specialised equality bodies, and representative national organisations, in regard to the drafting, the transposition process and the monitoring of its implementation;

47.  Believes that the new directive should include a requirement that Member States implement equality mainstreaming in all planning, policy making and programme development in the areas covered by the directive, that service providers be organised and systematic in their approach to equality, and that service providers make adjustments and provide special treatment to ensure that members of minority groups that are experiencing inequality can access and benefit from the services provided;

48.  Notes with concern that while 19 Member States have signed Protocol No12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, only 5 have ratified that Protocol;

49.  Calls for the continuation of the process of signature, conclusion and ratification of the Convention on the Rights of Persons with Disabilities, including its Optional Protocol, and recalls that, following ratification of the Convention by the Community, any proposed Community non-discrimination legislation must comply with its requirements in full; reminds the Council about its call on the Commission, made at the informal ministerial conference on disability in June 2007, to launch a European strategy for the effective implementation of the Convention; calls upon the Commission, within that framework, to evaluate the need to amend secondary Community legislation or adapt relevant policies;

50.  Stresses the importance of horizontal implementation and mainstreaming of the non-discrimination clause of the Treaty of Lisbon after it comes into force, which commits the European Union to aim to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in defining and implementing its policies and activities;

51.  Calls on the Commission and the Member States to mainstream equal opportunities and non-discrimination in the Lisbon Strategy for growth and employment, the guidelines for the open method of coordination on social inclusion, and national reform programmes and the regulations governing the structural funds; calls on the Commission and the Member States, therefore, to revise the Integrated Guidelines for Growth and Jobs and, in particular, the Employment Guidelines in order to ensure and improve the integration and visibility of the social dimension in the next cycle of the Lisbon Strategy; emphasises that in order to be effective equality and non-discrimination policies need to be strongly linked to social policies with an important role for social partners;

52.  Calls on the Commission and the Member States to end all discrimination based on the employment contract by ensuring equal treatment for all workers, health and safety protection, provision for working and rest time, freedom of association and representation, protection against unfair dismissal, collective bargaining and collective action; emphasises the importance of access to training as well as the continued protection of acquired rights by covering periods of education and training, improved care opportunities, the maintenance of essential social rights such as pension rights, training rights and the right to unemployment benefits during changes in a person's occupational situation, between employment contracts and between dependent and autonomous employment;

53.  Instructs its President to forward this resolution to the Council, the Commission and the parliaments and governments of the Member States and candidate countries.

(1) OJ L 180, 19.7.2000, p. 22.
(2) OJ L 303, 2.12.2000, p. 16.
(3) OJ C 308, 19.12.2007, p. 1.
(4) OJ L 39, 14.2.1976, p. 40.


An Integrated Maritime Policy for the European Union
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European Parliament resolution of 20 May 2008 on an integrated maritime policy for the European Union (2008/2009(INI))
P6_TA(2008)0213A6-0163/2008

The European Parliament,

–   having regard to the Commission communication entitled 'An Integrated Maritime Policy for the European Union' (COM(2007)0575 - SEC(2007)1283),

–   having regard to the Commission communication entitled 'Conclusions from the Consultation on a European Maritime Policy' (COM(2007)0574),

–   having regard to the Commission proposal for a joint tripartite declaration establishing a 'European Maritime Day' (SEC(2007)1631),

–   having regard to the Commission Green Paper entitled 'Towards a future maritime policy for the Union: a European vision for the oceans and seas' (COM(2006)0275) and the Parliament's resolution of 12 July 2007(1),

–   having regard to the Presidency conclusions of the European Council of 8 - 9 March 2007 on the adoption by the European Council of a 'European Council Action Plan (2007-2009) – Energy Policy for Europe',

–   having regard to the Commission communication entitled '20 20 by 2020 – Europe's climate change opportunity' (COM(2008)0030),

–   having regard to the provisions laid down in the Maritime Labour Convention, 2006, adopted by the International Labour Organization (ILO) on 23 February 2006, a single instrument encompassing and adapting the maritime labour conventions adopted by the ILO since 1919,

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

–   having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on Regional Development, the Committee on Industry, Research and Energy and the Committee on Fisheries (A6-0163/2008),

A.   whereas the oceans and seas are essential economic and environmental factors for the EU; whereas the EU, through its coastal and outermost regions, offers 320 000 km of coastline which is home to a third of Europe's population,

B.   whereas marine-based industries and services, together with the coastal regions, contribute 40 % of EU GDP,

C.   whereas climate change is the greatest challenge of all policies in the 21st century; having regard to the threat posed to coastal regions by the climate-induced rise in sea levels, which may be on a massive scale, with drastic consequences for residents,

D.   whereas on the one hand the EU's maritime regions, and particularly its outermost regions, play a very important role regarding safety and security against criminal acts such as illegal immigration, terrorism and smuggling and yet on the other hand they are exposed to specific environmental disasters,

E.  whereas in the last year criminal assaults against Community fishing, merchant and passenger vessels, in international waters near the African coasts have increased in number and frequency, posing a great risk to the lives of the crew, and having a significant negative impact on international trade,

1.  Welcomes the adoption by the Commission of the above-mentioned communications and the Action Plan presented in the above-mentioned staff working document;

2.  Reaffirms its resolution of 12 July 2007 and welcomes the fact that the Commission has taken over a fair proportion of the requests made by the Parliament, at least to some extent;

3.  Points out that the exceptional maritime dimension conferred on the EU by its coasts and its outermost regions offers unique opportunities as regards innovation, research, the environment, and biodiversity, which must be taken into account in the integrated maritime policy for the EU, and points out that the outermost regions, moreover, provide excellent communication bases for transport and security purposes at EU and global level;

4.  Emphatically supports the Commission's intention to exploit the potential of short sea shipping and inland waterway transport between the Member States and to integrate this rapidly into the single market and welcomes the Commission's intention to speed up its proposals for a common maritime transport area together with a comprehensive maritime transport strategy for 2008-2018;

5.  Encourages Member States to strengthen cooperation among themselves and with neighbouring countries for the appropriate use of TEN-T and other European financing mechanisms (such as Marco Polo) in order to accomplish the Motorways of the Sea and Short Sea Shipping Networks projects;

6.  Welcomes the Commission's intention to improve coordination with the European agencies responsible for maritime surveillance, underlining especially the prevention of illegal activities (human and drug trafficking, illegal immigration and terrorist threats) with special focus on international waters;

7.  Welcomes the initiative by the Commission to start a European network for maritime surveillance and promote improved cooperation between Member States´ coastguards; calls on the Commission to come up with the results of the feasibility study on a European coastguard, which was due to be published and presented to the Parliament and the Council by the end of 2006;

8.  Takes the view that maritime clusters are particularly well placed to make a contribution to achieving an integrated maritime policy; calls on the Commission to make a prompt start with the project for a European network of maritime clusters;

9.  Supports the proposal to establish an annual 'European Maritime Day' on 20 May; considers that such an action day should be used to highlight the significance of maritime policy outside maritime circles, with the participation of ordinary citizens, schools, universities and non-governmental organisations; reminds the Commission of its proposal for a prize to be awarded to exemplary maritime regions as a way of promoting best practice;

10.  Takes the overall view, however, that the Action Plan includes too few practical measures and encourages the Commission to be more ambitious in future in using the instruments at its disposal under the Treaties;

11.  Regrets the fact that the Action Plan addresses the challenges of climate change only in a non-binding way; reaffirms its view that one task of a European maritime policy has to be to prepare for and to adapt to the consequences of climate change, and, as a matter of urgency, lay down the adjustment measures required, especially in view of the melting of glaciers leading to the rise in sea levels, together with the increased risk of flooding of ports and coastal regions, and in this connection calls for all relevant policies, and in particular research policy, to play their part;

12.  Recalls the fact that the melting of glaciers causes not only a rise in sea levels but also irreparable damage to human, animal and plant life and therefore welcomes the Commission's intention to put forward an Arctic Initiative and calls on the scientific community and decision makers to further explore possibilities for protecting the polar ice caps;

13.  Maintains that sound management of the seas requires sound management of coastal areas and that construction projects on EU coasts must therefore make provision in every case for the consequences of climate change and the resulting rise in the sea level, the erosion of sands, and the increase in the frequency and violence of storms;

14.  Supports the target set by the European Council of March 2007 of halving greenhouse gas emissions by 2050, and reaffirms its call for maritime policy to make a substantial contribution to reducing these emissions; this should include incorporating shipping into the emissions trading scheme and enhancing research efforts both with regard to exploiting the seas as a source of renewable energy and with a view to developing cleaner new ship propulsion technologies; considers that if Europe leads the way in combating climate change this could strengthen and develop its leading role in environmental technology and research;

15.  Calls emphatically on the Commission to be more ambitious in combating sulphur and nitrogen oxide emissions, as well as solid waste from ships; in this connection, reiterates the need for closer cooperation with the International Maritime Organization (IMO) and, in particular, its calls for:

   the introduction of nitrogen oxide emission standards for ships using EU ports;
   the designation of the Mediterranean Sea, the Black Sea and the North-East Atlantic as Sulphur Emission Control Areas (SECAs) under the International Convention for the Prevention of Pollution from Ships (MARPOL Convention);
   the reduction of the maximum permitted sulphur content in marine fuels used in SECAs by passenger vessels from 1,5 % to 0,5 %;
   the introduction of fiscal measures, such as taxes or charges on sulphur dioxide and nitrogen oxide emissions from ships and the identification of ways of imposing such measures and charges on all ships, regardless of flag, putting into Community ports or sailing within the waters of EU Member States;
   promotion of the introduction of differentiated harbour and waterway charges to favour ships with low sulphur dioxide and nitrogen oxide emissions;
   the gradual introduction of a requirement for ships at ports to use land-based electricity
   a proposal for an EU directive on the quality of marine fuels;

16.  Welcomes the measures adopted for satellite monitoring of uncontrolled discharges at sea as practised by certain vessels; calls, nonetheless, for rules to oblige vessels to use inviolable (and patented) devices of the 'black box' type enabling the registration at close intervals of the levels and nature of the liquids entering or leaving tanks and bilges; considers that the examination of such registers would make it possible to determine whether there have been uncontrolled and illegal discharges of residues of polluting fuels;

17.  Reiterates its call on the Member States and the Commission, in view of the air pollution affecting many port towns and regions, to provide significantly better incentives for the provision of land-based electricity for ships in port; calls, therefore, for a proposal for an amendment to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity(2), whereby those Member States which take advantage of the tax exemption on bunker oil pursuant to Article 14 of that Directive would be required to exempt land-based electricity from tax to the same extent; points out that the equal treatment for tax purposes of electricity and bunker oil would be a major incentive for ports and ship-owners to help reduce air pollution in port towns by investing in the electricity supply for ships in port;

18.  Points out, once again, that land-based pollution of the seas constitutes a significant proportion of overall maritime pollution and that the Commission has so far not got to grips with this issue; therefore reiterates its call for the Commission to put forward an action plan to reduce such pollution, and highlights its call for the Member States to act promptly to transpose the legislation in this field, such as the water framework Directive(3), into national law; stresses that an action plan to identify and remove old munitions from past wars dumped in the North Sea and the Baltic forms part of the transposition of the water framework Directive;

19.  Urges the Commission to help Member States to launch a plan to survey and map wrecked ships and submerged archaeological sites – since these form part of the Community's historic and cultural heritage – and hence to facilitate understanding and the study of such sites and help prevent the despoliation to which they are being subjected, thus enabling them to be properly preserved;

20.  Urges the institutions involved to adopt the Erika III maritime package as quickly as possible and calls on the Member States to start implementing the package without delay, with a view to providing the legal means necessary to avert or remedy accidents or incidents with disastrous consequences for the development of maritime regions, the Erika and the Prestige accidents being two such examples;

21.  Considers that the Marine Strategy Framework Directive(4) should constitute the environmental cornerstone of the integrated maritime policy for the EU; notes that the Directive states that regions in which the state of the sea is critical should draw up and implement faster measures to achieve good environmental status; emphasises that in such regions, it is particularly important that the Commission should coordinate different sectors, programmes and strategies and provide sufficient financial support; points out that in order to achieve such an integrated maritime policy, it is necessary to include land-based activities such as agriculture, waste water management, transport and energy production; believes that such regions can constitute pilot areas for a genuine and fully integrated maritime policy;

22.  Welcomes the Commission's stocktaking with regard to the exclusion of seafarers from a number of areas of European social and labour protection rules (e.g. Directive 98/59/EC(5) on collective redundancies, Directive 2001/23/EC(6) on the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, Directive 2002/14/EC(7) on informing and consulting employees and Directive 96/71/EC(8) concerning the posting of workers in the framework of the provision of services); proposes that these directives be revised in close cooperation with the social partners;

23.  Urges those Member States which have not yet done so to ratify, as soon as possible, the Maritime Labour Convention, 2006, adopted with a view to improving the living and working conditions of seafarers and to preventing unfair competition in the shipping industry by updating and codifying the entire body of international labour standards in force;

24.  Urges the Commission to update Directive 1999/95/EC(9) on seafarers" hours of work, and the legislation on matters falling under the Commission's responsibility but not covered, or covered only in part, at Community level, for instance the rules governing temporary recruitment agencies or a worker's right to have a signed employment contract;

25.  Considers the involvement of regional and local partners to be essential in order to make a success of maritime policy; maintains, therefore, that there must be closer cooperation and interconnection between European coastal regions, to be achieved by promoting coordinated strategies to foster development and competitiveness and by dovetailing the different tiers of governance more effectively;

26.  Renews its call for the approach to an integrated maritime policy for the EU to be continued in future and calls on the Commission to strengthen the political framework thereof, as well as the territorial, social, and economic cohesion providing the link to inland Europe and its constituent policies; proposes that a report on European maritime policy be published every two years and that a regular public exchange of views be held with all those involved; calls on future Council presidencies to deal with maritime policy as part of their work programmes; over and above this, calls for all maritime-related projects supported by EU funding to be clearly identified annually by the Commission;

27.  Welcomes the Commission's initiative to promote negotiations for better management of sea-sharing with third countries and strongly supports the increased cooperation with neighbouring countries for the protection of seas beyond national jurisdictions;

28.  Urges the Commission and the Member States to support actively, in the framework of the UN and the IMO, the initiative promoted by several Member States, to extend the right of sea and air pursuit to the territorial waters of the coastal states, provided the countries concerned agree, as well as to develop a mechanism of mutual assistance against cases of maritime piracy;

29.  Asks the Commission to set up, in the framework of the new Integrated Maritime Policy, a Community system for coordination and mutual assistance, that would allow naval vessels flying the flag of a Member State deployed in international waters, to protect fishing and merchant vessels from other Member States, at the earliest possible opportunity;

30.  Considers that a comprehensive European Strategy for Marine and Maritime research is of major importance and must be properly financed, already within the seventh research framework programme and in future programmes;

31.  Declares itself in favour of maritime policy being given appropriate consideration in the EU budget and instruments after 2013 and calls for this to be reflected in summaries in the regular reports on the European maritime policy;

32.  Also welcomes the recommendation issued by the European Council of 14 December 2007 to the effect that maritime policy should be adapted to the various specific features of the Member States and maritime regions, including coastal regions, islands, and the outermost regions;

33.  Whilst acknowledging the competence of the Member States in this field, awaits with interest the publication by the Commission of a road map to facilitate the development by Member States of maritime spatial planning; points to the need to maintain the appropriate balance between economic, social, territorial, and environmental considerations;

34.  Points out that the exceptional maritime dimension which the coastal regions, islands, and the outermost regions bring to the EU offers unique opportunities as regards innovation, research, the environment, biodiversity, the development of innovative sea-based technologies and other areas, and that the future integrated maritime policy must capitalise on these opportunities; recognises the desirability of setting up centres of excellence and recommends that encouragement and support be given to the university research centres already present in coastal areas;

35.  Points to the importance of wave power as an alternative clean energy source and calls on the Commission to take this form of energy into account in future action plans;

36.  Takes the view that the key objective of the integrated maritime policy for the European Union in the field of fisheries should be to promote the modernisation and sustainable, balanced and fair development of the industry throughout the EU, safeguarding its socio-economic viability and the sustainability of resources and guaranteeing food sovereignty and food security, the supply of fish to the public, job preservation and improved living conditions for fishermen;

37.  Considers that, to date, neither the sustainability of marine resources nor the economic viability of the EU's fishing fleets and coastal communities has been well served by the Common Fisheries Policy (CFP) and that, accordingly, the integrated maritime policy for the European Union should be developed in such a way as to avoid failings in the CFP such as over-centralisation and the failure to take account of the regional diversity of the EU's waters;

38.  Believes that creating more and better seafaring jobs, particularly in the fishing industry, also depends on a guarantee of a fair and adequate income, proper working conditions (including health and safety) and access to training for people working in the industry;

39.  Calls for mutual recognition by the Member States of intermediate diplomas for the occupations of steersman and mechanic for fishing vessels;

40.  Reiterates the need for mechanisms to subsidise or compensate fishermen who are affected by the socio-economic repercussions of stock recovery plans or measures to protect ecosystems, especially in less favoured regions and communities and the outermost regions;

41.  Reiterates the need to boost support for scientific fisheries research in the various Member States, particularly under the seventh research framework programme;

42.  Calls for Community support for the implementation of effective measures to ensure adequate means of evacuation, assistance and rescue for crews;

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

(1) Texts adopted, P6_TA(2007)0343.
(2) OJ L 283, 31.10.2003, p. 51.
(3) OJ L 327, 22.12.2000, p. 1.
(4) Texts adopted, 11 December 2007, P6_TA(2007)0595
(5) OJ L 225, 12.8.1998, p. 16.
(6) OJ L 82, 22.3.2001, p. 16.
(7) OJ L 80, 23.3.2002, p. 29.
(8) OJ L 18, 21.1.1997, p. 1.
(9) OJ L 14, 20.1.2000, p. 29.

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