Index 
Texts adopted
Wednesday, 22 April 2009 - Strasbourg
Agreement between the EC and Pakistan on certain aspects of air services *
 Accession of the EC to UNECE Regulation No 61 on uniform provisions for the approval of commercial vehicles ***
 Animal health conditions governing the movement and importation from third countries of equidae (codified version) *
 Trade arrangements applicable to certain goods resulting from the processing of agricultural products (codified version) *
 Coordination of social security systems ***II
 Coordination of social security systems: implementing Regulation ***II
 European metrology research and development programme ***I
 The obligations of operators who place timber and timber products on the market ***I
 Minimum stocks of crude oil and/or petroleum products *
 Critical Infrastructure Warning Information Network *
 European Network for the Protection of Public Figures *
 National restructuring programmes for the cotton sector *
 Protocol on the Implementation of the Alpine Convention in the field of Transport *
 Draft amending budget No 2/2009
 Draft amending budget No 3/2009
 Request for defence of the immunity and privileges of Aldo Patriciello
 Request for defence of the immunity and privileges of Renato Brunetta
 Request for consultation on the immunity and privileges of Antonio Di Pietro
 Request for waiver of the immunity of Hannes Swoboda
 Control of the budgetary implementation of the Instrument for Pre-Accession Assistance
 Effective enforcement of judgments in the EU: the transparency of debtors" assets
 Annual report on the deliberations of the Petitions Committee 2008
 Gender mainstreaming in the work of committees and delegations
 Internal market in electricity ***II
 Agency for the Cooperation of Energy Regulators ***II
 Access to the network: cross-border exchanges in electricity ***II
 Internal market in natural gas ***II
 Access to the natural gas transmission networks ***II
 European public administration ISA: interoperability solutions ***I
 Machinery for pesticide application ***I
 Fuel efficiency: labelling of tyres ***I
 Amendment of Regulation (EC) No 717/2007 (mobile telephone networks) and Directive 2002/21/EC (electronic communications) ***I
 Reporting and documentation requirements in the case of mergers and divisions ***I
 Insurance and reinsurance (Solvency II) (recast) ***I
 Interim Trade Agreement with Turkmenistan
 Interim Agreement with Turkmenistan *
 Community framework for nuclear safety *
 Community control system for ensuring compliance with the rules of the Common Fisheries Policy *
 Conservation of fisheries resources through technical measures *
 A Common Immigration Policy for Europe
 Green Paper on the future of TEN-T
 Combating violence against women

Agreement between the EC and Pakistan on certain aspects of air services *
PDF 189kWORD 30k
European Parliament legislative resolution of 22 April 2009 on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Islamic Republic of Pakistan on certain aspects of air services (COM(2008)0081 – C6-0080/2009 – 2008/0036(CNS))
P6_TA(2009)0218A6-0188/2009

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2008)0081),

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

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0080/2009),

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

–   having regard to the report of the Committee on Transport and Tourism (A6-0188/2009),

1.  Approves conclusion of the agreement;

2.  Instructs its President to forward its position to the Council and the Commission, and the governments and parliaments of the Member States and of the Islamic Republic of Pakistan.


Accession of the EC to UNECE Regulation No 61 on uniform provisions for the approval of commercial vehicles ***
PDF 194kWORD 30k
European Parliament legislative resolution of 22 April 2009 on the proposal for a Council decision on the accession of the European Community to United Nations Economic Commission for Europe Regulation No 61 on uniform provisions for the approval of commercial vehicles with regard to their external projections forward of the cab's rear panel (COM(2008)0675 – 7240/2009 - C6-0119/2009 – 2008/0205(AVC))
P6_TA(2009)0219A6-0243/2009

(Assent procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2008)0675 - 7240/2009),

–   having regard to the request for assent submitted by the Council pursuant to Article 4(2), second indent, of Council Decision 97/836/EC (C6-0119/2009)(1),

–   having regard to Rules 75(1) and 43(1) of its Rules of Procedure,

–   having regard to the recommendation of the Committee on International Trade (A6-0243/2009),

1.  Gives its assent to the proposal for a Council decision;

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

(1) Council Decision of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions ("Revised 1958 Agreement") (OJ L 346, 17.12.1997, p. 78).


Animal health conditions governing the movement and importation from third countries of equidae (codified version) *
PDF 192kWORD 30k
European Parliament legislative resolution of 22 April 2009 on the proposal for a Council directive on animal health conditions governing the movement and importation from third countries of equidae (codified version) (COM(2008)0715 – C6-0479/2008 – 2008/0219(CNS))
P6_TA(2009)0220A6-0248/2009

(Consultation procedure – codification)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0715),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0479/2008),

–   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 (A6-0248/2009),

A.   whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

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.


Trade arrangements applicable to certain goods resulting from the processing of agricultural products (codified version) *
PDF 192kWORD 30k
European Parliament legislative resolution of 22 April 2009 on the proposal for a Council regulation laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (codified version) (COM(2008)0796 – C6-0018/2009 – 2008/0226(CNS))
P6_TA(2009)0221A6-0249/2009

(Consultation procedure – codification)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0796),

–   having regard to Articles 37 and 133 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0018/2009),

–   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 (A6-0249/2009),

A.   whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

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.


Coordination of social security systems ***II
PDF 192kWORD 52k
Resolution
Text
European Parliament legislative resolution of 22 April 2009 on the Council common position for adopting a regulation of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its annexes (14518/1/2008 – C6-0003/2009 – 2006/0008(COD))
P6_TA(2009)0222A6-0207/2009

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (14518/1/2008 – C6-0003/2009),

–   having regard to its position at first reading(1) on the Commission proposals to Parliament and the Council (COM(2006)0007) and (COM(2007)0376),

–   having regard to the amended Commission proposal (COM(2008)0648),

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

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

–   having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A6-0207/2009),

1.  Approves the common position as amended;

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

Position of the European Parliament adopted at second reading on 22 April 2009 with a view to the adoption of Regulation (EC) No .../2009 of the European Parliament and of the Council amending Regulation (EC) No 883/2004 on the coordination of social security systems, and determining the content of its Annexes

P6_TC2-COD(2006)0008


(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Regulation (EC) No 988/2009.)

(1) Texts adopted, 9.7.2008, P6_TA(2008)0349.


Coordination of social security systems: implementing Regulation ***II
PDF 191kWORD 72k
Resolution
Text
European Parliament legislative resolution of 22 April 2009 on the Council common position for adopting a regulation of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (14516/4/2008 – C6-0006/2009 – 2006/0006(COD))
P6_TA(2009)0223A6-0204/2009

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (14516/4/2008 – C6-0006/2009),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2006)0016),

–   having regard to the amended Commission proposal (COM(2008)0647),

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

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

–   having regard to the recommendation for second reading of the Committee on Employment and Social Affairs (A6-0204/2009),

1.  Approves the common position as amended;

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

Position of the European Parliament adopted at second reading on 22 April 2009 with a view to the adoption of Regulation (EC) No .../2009 of the European Parliament and of the Council laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems

P6_TC2-COD(2006)0006


(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Regulation (EC) No 987/2009.)

(1) Texts adopted, 9.7.2008, P6_TA(2008)0348.


European metrology research and development programme ***I
PDF 193kWORD 33k
Resolution
Text
European Parliament legislative resolution of 22 April 2009 on the proposal for a decision of the European Parliament and of the Council on the participation by the Community in a European metrology research and development programme undertaken by several Member States (COM(2008)0814 – C6-0468/2008 – 2008/0230(COD))
P6_TA(2009)0224A6-0221/2009

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0814),

–   having regard to Article 251(2), Article 169 and the second paragraph of Article 172 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0468/2008),

–   having regard to the undertaking given by the Council representative by letter of 7 April 2009 to adopt the proposal as amended, in accordance with the first indent in the second subparagraph of Article 251(2) of the EC Treaty,

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

–   having regard to the report of the Committee on Industry, Research and Energy (A6-0221/2009),

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 Commission.

Position of the European Parliament adopted at first reading on 22 April 2009 with a view to the adoption of a Decision No .../2009/ECof the European Parliament and of the Council on the participation by the Community in a European metrology research and development programme undertaken by several Member States

P6_TC1-COD(2008)0230


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Decision No 912/2009/EC.)


The obligations of operators who place timber and timber products on the market ***I
PDF 169kWORD 135k
Resolution
Consolidated text
Annex
European Parliament legislative resolution of 22 April 2009 on the proposal for a regulation of the European Parliament and of the Council laying down the obligations of operators who place timber and timber products on the market (COM(2008)0644 – C6-0373/2008 – 2008/0198(COD))
P6_TA(2009)0225A6-0115/2009

(Codecision procedure – first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0644),

–   having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0373/2008),

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

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Development and the Committee on International Trade (A6-0115/2009),

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 Commission.

Position of the European Parliament adopted at first reading on 22 April 2009 with a view to the adoption of Regulation (EC)No .../2009 of the European Parliament and of the Council laying down the obligations of operators who place timber and timber products on the market

P6_TC1-COD(2008)0198


(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission║,

Having regard to the opinion of the European Economic and Social Committee(1),

Having regard to the opinion of the Committee of the Regions(2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas

(1)  Forests provide a broad variety of environmental, economic and social benefits including timber and non-timber forest products, environmental services and habitats for local communities.

(2)  The forest environment is a precious heritage that must be protected, preserved and, where practicable, restored with the ultimate aim of maintaining biodiversity and ecosystem functions, protecting the climate, and safeguarding the rights of indigenous peoples and local and forest-dependent communities.

(3)  Forests are an economic resource, the cultivation of which generates prosperity and employment. The cultivation of forests also has positive effects on the climate since forest products can replace more energy-consuming products.

(4)  It is of great importance, particularly from a climate point of view, that subcontractors operating on the Community market only market legally harvested timber since such timber ensures that the important function of forests as carbon dioxide sinks is not disrupted. In addition, the use of legally harvested timber as building material, in wooden houses, for example, helps to lock in carbon dioxide on a long-term basis.

(5)  Forestry accounts for a very large part of social and economic development in developing countries and constitutes the primary source of income in such countries for many people. It is therefore important not to curb this development and source of income but to focus on how to promote a more sustainable development of forestry in those countries.

(6)  Due to the growing demand for timber and timber products worldwide, in combination with the institutional and governance deficiencies that are present in the forest sector in a number of timber-producing countries, illegal logging and the associated trade have become matters of ever greater concern.

(7)  It is evident that pressure on natural forest resources and the demand for timber and timber products are often too high and that the Community needs to reduce its impact on forest ecosystems regardless of where their effects occur.

(8)  Illegal logging, in combination with institutional and governance deficiencies in the forest sector of a significant number of timber-producing countries, is a pervasive problem of major international concern. Illegal logging poses a significant threat to forests as it contributes to the process of deforestation and forest degradation, which is responsible for about 20 % of CO2 emissions, influences the desertification and steppe-formation process, increasing soil erosion and exacerbating extreme weather events and the flooding which may ensue, threatens biodiversity, damages indigenous peoples" habitats and undermines sustainable forest management and development. In addition, it also has social, political and economic implications, often undermining progress towards good governance goals, and threatens local forest-dependent communities and the rights of indigenous peoples.

(9)  The aim of this Regulation is to halt the trade in illegally harvested timber and products made from such timber in the EU and to contribute to stopping deforestation and forest degradation and related carbon emissions and biodiversity loss globally while promoting sustainable economic growth, sustainable human development and respect for indigenous and local peoples. This Regulation should contribute to the fulfilment of obligations and commitments contained in, inter alia: the Convention on Biological Diversity of 1992 (CBD); the Convention on International Trade in Endangered Species of Wild Fauna and Flora of 1973 (CITES); the International Tropical Timber Agreements (ITTAs) of 1983, 1994 and 2006; the United Nations Framework Convention on Climate Change of 2002 (UNFCCC); the United Nations Convention to Combat Desertification of 1994; the Rio Declaration on Environment and Development of 1992; the Johannesburg Declaration and Plan of Implementation as adopted by the World Summit on Sustainable Development on 4 September 2002; the proposals for action of the UN Intergovernmental Panel on Forests, endorsed by the 1997 United Nations General Assembly Special Session (Ungass), and of the UN International Forum on Forests; the United Nations Conference on Environment and Development (UNCED) non-legally binding authoritative statement of principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests of 1992; Agenda 21 as adopted by UNCED in June 1992; the Ungass resolution on the "Programme for the further implementation of Agenda 21" of 1997; the Millennium Declaration of 2000; the World Charter for Nature of 1982; the Declaration of the United Nations Conference on the Human Environment of 1972; the 1972 Action Plan for Human Environment; the United Nations Forum on Forests, Resolution 4/2; the Convention on European Wildlife and Habitats of 1979; the UN Convention against Corruption of 2003 (UNCAC).

(10)  Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme(4) has identified as a priority activity the examination of the possibility of taking active measures to prevent and combat trade in illegally harvested wood and the continuation of the active participation of the Community and of Member States in the implementation of global and regional resolutions and agreements on forest-related issues.

(11)  The Commission Communication of 21 May 2003 entitled "Forest Law Enforcement, Governance and Trade (FLEGT): Proposal for an EU Action Plan"(5)proposed a package of measures to support international efforts to tackle the problem of illegal logging and associated trade and to contribute to the wider objective of sustainable forest management.

(12)  The Council and the European Parliament, recognising the need for the Community to contribute to global efforts to address the problem of illegal logging and to support sustainable legal logging within the framework of sustainable development, sustainable forest management and poverty reduction, as well as social equity and national sovereignty, welcomed that Communication.

(13)  In accordance with the aim of that Communication, namely to ensure that only timber products that have been produced in accordance with the national legislation of the producing country enter the Community, the Community has been negotiating Voluntary Partnership Agreements (VPAs) with timber producing countries (partner countries), which put a legally binding obligation on the parties to implement a licensing scheme and to regulate trade in timber and timber products identified in the VPAs.

(14)  The Community should also push, in bilateral talks with major timber-consuming countries such as the US, China, Russia, and Japan, for discussions in relation to the problem of illegal logging, for convergence towards harmonised appropriate obligations on operators on their own timber market, and for the creation of an independent, global alert system and register of illegal logging consisting for example of Interpol and an appropriate UN body, benefiting from the latest satellite detection technologies.

(15)  Operators from countries with forests of international ecological importance should have a particular responsibility for the sustainable exploitation of timber.

(16)  Given the major scale and urgency of the problem, it is necessary to actively support the fight against illegal logging and related trade, to reduce the Community's impact on forest ecosystems, to complement and strengthen the VPA initiative and to improve synergies between policies aiming at poverty reduction, the conservation of forests and the achievement of a high level of environmental protection, including combating climate change and biodiversity loss.

(17)  Based on the principle of preventive action, all supply chain actors should share responsibility for eliminating the risk of illegally harvested timber and timber products being made available on the market.

(18)  The efforts made by countries which have concluded FLEGT VPAs with the Community and the principles incorporated in them, in particular with regard to the definition of legally produced timber, should be recognised. It should be also taken into account that under the FLEGT licensing scheme only timber and timber products harvested in accordance with the relevant national legislation are exported into the Community. To that effect, timber products listed in Annexes II and III to Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community(6), originating in partner countries listed in Annex I to that Regulation, should be considered to have been legally harvested provided they comply with that Regulation and any implementing provisions. The principles set out in the VPAs, particularly with regard to the definition of "legally produced timber" must include and guarantee sustainable forest management, the maintenance of biodiversity, the protection of local forest-dependent communities and of the indigenous peoples, and the safeguarding of the rights of those communities and peoples.

(19)  Account should also be taken of the fact that the Convention on International Trade of Endangered Species of Fauna and Flora (CITES) places a requirement on parties to the Convention only to ║ grant a CITES permit for export when a CITES-listed species has been harvested, inter alia, in compliance with domestic legislation in the exporting country. To that effect, timber products of species listed in Annexes A, B and C to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein(7) should be considered to have been legally harvested provided they comply with that Regulation and any implementing provisions.

(20)  Taking into account the complexity of illegal logging as regards the underlying factors and the impacts, the incentives for illegal behaviour should be reduced by targeting the behaviour of operators. Strengthening requirements and obligations and enhancing the legal means to prosecute operators for possession of illegal timber and timber products and for placing or making available such timber and timber products on the Community market are among the most effective solutions to deter operators from trading with illegal suppliers.

(21)  In the absence of an internationally agreed definition the legislation of the country where the timber was harvested should be the primary basis to define what constitutes illegal logging. The application of legality standards should involve further consideration of international standards including, inter alia, those of the African Timber Organisation; the International Tropical Timber Organisation; the Montreal Process on Criteria and Indicators for the Conservation and Sustainable Management of Temperate and Boreal Forests; and the Pan-European Forest Process on Criteria and Indicators for Sustainable Forest Management. Such application of legality standards should contribute to the implementation of international commitments, principles and recommendations including those concerning mitigation of climate change, reduction of biodiversity loss, alleviation of poverty, reduction of desertification and the protection and promotion of the rights of indigenous peoples and of local and forest-dependent communities. The timber-harvesting country should provide an inventory of total legal logging including details of tree species and maximum timber production.

(22)  Many timber products undergo numerous processes before and after they are placed on the market for the first time. In order to avoid imposing any unnecessary administrative burden only those operators that place timber and timber products on the market for the first time, rather than all operators involved in the distribution chain, should be subject to the requirement to put in place a full system of measures and procedures (due diligence system) to minimise the risk of placing illegally harvested timber and timber products on the market. However all operators in the supply chain should be bound by the overriding prohibition against making illegally sourced timber or timber products available on the market, and must exercise due care to this effect.

(23)  All operators (traders and producers) in the timber and timber product supply chains on the Community market should clearly indicate on the products on offer the source or supplier from which the timber originates.

(24)  Operators placing timber and timber products for the first time on the Community market should exercise due diligence through a ║due diligence system║ to minimise the risk of placing illegally harvested timber and timber products.

(25)  The due diligence system should provide access to the sources and suppliers of the timber and timber products being placed on the Community market and to information as regards compliance with the applicable legislation.

(26)  In implementing this Regulation, the Commission and the Member States should take special account of the particular vulnerability and limited resources of small and medium-sized enterprises (SMEs). It is extremely important that SMEs are not burdened by complicated rules which impede their development. The Commission should, therefore, as far as possible and on the basis of the mechanisms and principles set out in the forthcoming Small Business Act, devise simplified systems in respect of SMEs' obligations under this Regulation, without jeopardising its object and purpose, and offer SMEs valid alternatives to enable them to operate in line with Community legislation.

(27)  ▌In order to facilitate the implementation of this Regulation and to contribute to the development of good practices, it is appropriate to recognise organisations which have developed suitable and effective requirements for the realisation of the due diligence systems. A list of such recognised organisations should be made public. ▌

(28)  For the same purpose, the European Union should encourage the above-mentioned organisations to cooperate with environmental organisations and human rights organisations in order to support due diligence systems and the monitoring thereof.

(29)  Competent authorities should monitor that ║ operators fulfil the obligations laid down in this Regulation. For that purpose the competent authorities should carry out official controls, including customs checks, and require operators to take corrective measures where necessary.

(30)  Competent authorities should keep records of the controls and make a summary publicly available in accordance with Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information(8).

(31)  Taking into account the international character of illegal logging and related trade, competent authorities should cooperate between themselves and with environmental organisations, human rights organisations, and the administrative authorities of third countries and/or the Commission.

(32)  Member States should ensure that infringements of this Regulation are punished by effective, proportionate and dissuasive penalties.

(33)  The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(9).

(34)  In particular, the Commission should be empowered to adopt detailed rules for the application of the due diligence system and in particular criteria for assessing the risk of placing illegally harvested timber and timber products on the market, to establish criteria for the recognition of due diligence systems developed by monitoring organisations and to adapt the list of timber and timber products to which this Regulation applies where technical characteristics, end uses or production processes of timber or timber products necessitate such adaptations. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(35)  Development in sustainable forestry is an ongoing process and this Regulation should, therefore, be evaluated, updated and amended on a regular basis in line with the results of new research. The Commission should therefore regularly analyse the latest available research and development and present the conclusions of its analysis and proposed amendments in a report to the European Parliament.

(36)  In order to ensure a smoothly operating internal market in forest products, the Commission should analyse the impact of this Regulation on an ongoing basis. Particular account should be taken of the implications of the Regulation for SMEs operating on the Community market. The Commission should, therefore, accordingly and on a regular basis, carry out a study and impact analysis of the effects of the Regulation on the internal market, with particular reference to SMEs, in addition to its impacts on sustainable forest management. The Commission should subsequently present a report of its analysis, its conclusions and proposals for measures to the European Parliament.

(37)  Since the objectives of this Regulation, namely to complement and underpin the existing policy framework and support the fight against illegal logging and related trade, cannot be sufficiently achieved by the Member States and can therefore, by reason of its scale, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out on Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matterand objective

This Regulation lays down the obligations of operators who place or make available timber and timber products on the market.

Operators shall ensure that only legally harvested timber and timber products are made available on the market.

Operators who place timber and timber products on the market shall use a due diligence system.

Article 2

Definitions

For the purposes of this Regulation, the following definitions shall apply:

   (a) "timber and timber products' means the timber and timber products set out in the Annex without exception;
   (b) "making available on the market' means any supply of timber and timber products on the Community market for distribution or use in the course of a commercial activity whether in return for payment or free of charge;
   (c) "placing on the market' means the first making available of timber and timber products on the Community market; subsequent processing and distribution of timber does not constitute 'placing on the market';
   (d) "operator' means any natural or legal person that places or makes available on the market timber or timber products ▌;
   (e) "legally harvested' means harvested in accordance with the applicable legislation in the country of harvest;
   (f) "risk' means a function of the probability of timber or timber products from an illegal source being imported into, exported from or traded in the territory of the Community and the severity of such an event;
   (g) "risk management' means the systematic identification of risks and the implementation of a set of measures and procedures ▌in order to minimise the risk of placing illegally harvested timber and timber products on the market;
   (h) "applicable legislation' means ▌legislation, whether national, regional or international, in particular that concerning the conservation of biological diversity, forest management, resource use rights and the minimisation of adverse environmental impacts; it should also take into account property tenure, rights of indigenous people, labour and community welfare legislation, taxes, import and export duties, royalties or fees related to harvesting, transportation and marketing;
   (i) 'Sustainable forest management' means the management and use of forests and wooded lands in a way, and at a rate, that maintains their biological diversity, productivity, regeneration capacity, vitality and their potential to fulfil, now and in the future, relevant ecological, economic and social functions, at local, national, and global levels, without causing any damage to other ecosystems;
   (j) "country of harvest' means the country where the timber or the timber embedded in the timber products was harvested;
   (k) "monitoring organisation' means a legal entity or a membership-based association ▌that has the legal capacity and appropriate expertise to monitor and ensure the application of due diligence systems by the operators certified as making use of such systems, and which is legally independent from the operators it certifies;
   (l) "traceability' means the ability to trace and follow timber or timber products through all stages of production, processing and distribution.

Article 3

Obligations of operators

1.  Operators shall ensure that they place or make available on the market only legally harvested timber and timber products.

2.  Operators who place timber and timber products on the market shall establish a due diligence system containing the elements referred to in Article 4 ║ or make use of a due diligence system of a recognised monitoring organisation referred to in Article 6(1).

Existing national legislative supervision and any voluntary chain of custody mechanism which fulfil the requirements under this Regulation may be used as a basis for the due diligence system.

3.  Operators who make timber and timber products available on the market shall, throughout the supply chain, be able to:

   (i) identify the operator who has supplied the timber and timber products, and the operator to whom the timber and timber products have been supplied;
   (ii) provide upon request information on the name of the species, the country/countries of harvest and where feasible the concession of origin;
   (iii) check, where necessary, that the operator who has placed the timber and timber products on the market has fulfilled his obligations under this Regulation.

4.  Timber products listed in Annexes II and III to Regulation (EC) No 2173/2005 originating in partner countries listed in Annex I of that Regulation ║and which comply with that Regulation and its implementing provisions shall be considered to have been legally harvested for the purposes of this Regulation.

5.  Timber products of species listed in Annexes A, B and C to Regulation (EC) No 338/97 and which comply with that Regulation and its implementing provisions shall be considered to have been legally harvested for the purposes of this Regulation.

Article 4

Due diligence systems

1.  The due diligence system referred to in Article 3(2) shall:

   (a) ensure that only legally harvested timber and timber products are placed on the market, employing a traceability system and third party verification by the monitoring organisation;
  (b) comprise measures to ascertain:
   (i) country of origin, forest of origin and, where feasible, concession of harvest;
   (ii) name of the species, including scientific name;
   (iii) value;
   (iv) volume and/or weight;
   (v) that the timber or the timber embedded in the timber products has been legally harvested;
   (vi) the name and address of the operator who has supplied the timber and timber products;
   (vii) the natural or legal person responsible for harvesting;
   (viii) the operator to whom the timber and timber products have been supplied.

  (c) include a risk management procedure which shall consist of the following:
   (i) systematic identification of risks, inter alia through collecting data and information and making use of international, Community or national sources;
   (ii) implementation of all measures necessary for limiting exposure to risks;
   (iii) establishing procedures which shall be carried out regularly to verify that the measures set out in points (i) and (ii) are working effectively and to review them where necessary;
   (iv) establishing records to demonstrate the effective application of the measures set out in points (i) to (iii).
   (d) provide for audits to ensure effective application of the due diligence system.

2.  The Commission shall adopt measures for the implementation of this Article with a view to ensuring uniformity of interpretation of the rules and effective compliance by operators. The Commission shall, in particular, establish criteria for assessing whether there is a risk of illegally harvested timber and timber products being placed on the market. In doing so, the Commission shall take particular account of the special position and capacity of SMEs and, as far as possible, offer those enterprises adapted and simplified alternatives to reporting and control systems so that those systems do not become too burdensome.

Based on factors related to the product type, source or complexity of the supply chain, certain categories of timber and timber products or suppliers shall be considered 'high risk', requiring extra due diligence obligations from the operators.

Extra due diligence obligations may, inter alia, include:

   requiring additional documents, data or information;
   requiring third party audits.

Timber and timber products from the following shall be considered as "high risk" by operators under this Regulation:

   conflict areas, or countries / regions covered by a UN Security Council ban on timber exports;
   countries where there is consistent and reliable information regarding significant failures of forest governance, a low level of forest law enforcement or a high level of corruption;
   countries where official Food and Agriculture Organisation (FAO) statistics show a decrease in forest area;
   supplies where information on potential irregularities supported by reliable evidence, that has not been disproved by investigation, has been made available from customers or external parties.

The Commission shall make available a register of high-risk sources of timber and timber products or suppliers.

Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(2).

Relevant stakeholders shall be consulted prior to the adoption of additional implementing measures.

3.  Individual Member States shall not be prevented, with regard to access to the market for timber and timber products, from setting more stringent requirements for the harvesting and origin of timber than laid down in this Regulation, in respect of sustainability, the protection of the environment, the conservation of biodiversity and the ecosystem, the protection of local communities" habitats, the protection of forest-dependent communities, the protection and rights of indigenous peoples and human rights.

Article 5

Labelling

Member States shall ensure that by …(10) all timber and timber products placed and made available on the market are labelled, as appropriate, with the information specified in Article 3(3).

Article 6

Recognition of monitoring organisations

1.  The Commission shall, in accordance with the regulatory procedure referred to in Article 12(3), recognise as a monitoring organisation a private or public entitywhichhas established a due diligence system which contains the elements set out in Article 4(1).

2.  A public entity applying for the recognition provided for in paragraph 1 shall comply with the following requirements:

   (a) it has legal personality;
   (b) it is governed by public law;
   (c) it has been established to carry out particular functions regarding the forest sector;
   (d) it is financed, for the most part, by the State, regional or local authorities, or other bodies governed by public law;
   (e) it obliges operators it certifies to use its due diligence system;
   (f) it has in place a monitoring mechanism to ensure the use of the due diligence system by the operators which it has certified as making use of its due diligence system;
   (g) it takes appropriate disciplinary measures against any certified operator who fails to comply with itsdue diligence system; disciplinary measures shall include reporting the matter to the relevant national competent authority;
   (h) it has no conflict of interest with the competent authorities.

3.  A private entity applying for the recognition provided for in paragraph 1 shall comply with the following requirements:

   (a) it has legal personality;
   (b) it is governed by private law;
   (c) it has appropriate expertise;
   (d) it is legally independent from the operators it certifies;
   (e) the operators it certifies are bound by the entity's articles of association to use its due diligence system;
   (f) it has in place a monitoring mechanism to ensure the use of the due diligence system by the operators which it has certified as making use of its due diligence system;
   (g) it takes appropriate disciplinary measures against any certified operator who fails to comply with its due diligence system; disciplinary measures shall include reporting the matter to the relevant national competent authority.

4.  The monitoring organisation shall submit to the Commission the following information together with its application for recognition:

   (a) its statute;
   (b) the names of persons authorised to act on its behalf;
   (c) documentation to demonstrate its appropriate expertise;
   (d) a detailed description of its due diligence system.

5.  In accordance with the regulatory procedure referred to in Article 12(3), the Commission shall decide whether to grant recognition to a monitoring organisation within three months of the submission of an application by the monitoring organisation or a recommendation from the competent authority of a Member State that it is recommending the organisation for recognition.

The decision to grant recognition to a monitoring organisation shall be communicated by the Commission to the competent authority of the Member State with jurisdiction over that organisation, together with a copy of the application, within 15 days of the date of the decision.

Member State competent authorities shall carry out checks, including field-based audits, at regular intervals, or on the basis of substantiated concerns from third parties, to ascertain that monitoring organisations comply with the requirements laid down in paragraph 1. The check reports shall be made available to the public.

If, following those checks, competent authorities ascertain that monitoring organisations do not comply with the requirements laid down in paragraphs 1 and 2 or paragraphs 1 and 3, they shall forthwith inform the Commission and communicate to it any relevant evidence in that regard.

6.  In accordance with the regulatory procedure referred to in Article 12(3), the Commission shall withdraw the recognition of a monitoring organisation if it has been established that the requirements set out in paragraphs 1 and 2 or paragraphs 1 and 3 are no longer fulfilled.

7.  Competent authorities shall notify the Commission within two months of any decision to recommend the granting, refusal or withdrawal of recognition of any monitoring organisation.

8.   The Commission shall adopt measures for the implementation of this Article.

Those measures designed to amend non-essential elements of this Regulation by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(2).

Article 7

List of monitoring organisations

The Commission shall publish the list of the recognised monitoring organisations ▌in the Official Journal of the European Union, C series, and shall make it available on its website. The list shall be regularly updated.

Article 8

Monitoringand controlmeasures

1.  Competent authorities shall carry out controls to verify if operators comply with the requirements set out in Article 3(1), (2) and (3) and Article 4(1).

2.  Controls shall be conducted in accordance with a yearly plan and/or on the basis of substantiated concerns provided by third parties; or in any event where the competent authority of the Member State is in possession of information that questions compliance by the operator with the requirements for due diligence systems set out in this Regulation.

3.  Controls may include, inter alia:

   (a) examination of the technical and managerial systems and procedures of due diligence and risk assessment that the operators use;
   (b) examination of documentation and records that demonstrate the proper functioning of the systems and procedures;
   (c) spot checks, including field audits.

4.  Competent authorities shall be equipped with a reliable traceability system to track internationally traded timber products and with public monitoring systems to assess the performance of operators in complying with their obligations and to help operators identify suppliers of high-risk timber and timber products.

5.  Operators shall offer all assistance necessary to facilitate the performance of the controls referred to in paragraph 1, notably as regards access to premises and the presentation of documentation or records.

6.  If, following the controls referred to in paragraph 1, the operator is presumed to have infringed the requirements set out in Article 3, the competent authorities may in accordance with their national legislation start a full investigation of the infringement and, in conformity with national law and depending on the gravity of the infringement, take immediate measures which may inter alia include:

   (a) the immediate cessation of commercial activities; and
   (b) the seizure of timber and timber products.

7.  Any immediate measures taken by the competent authorities shall be of such nature as to prevent the continuation of the infringement concerned and to allow the competent authorities to complete their investigation.

8.  Where the competent authorities find that the technical and managerial systems and procedures of due diligence and risk assessment are not sufficient, they shall require the operator to take corrective measures.

Article 9

Records ofcontrols

1.  Competent authorities shall keep records of the controls referred to in Article 8(1), indicating in particular their nature and results, including any corrective measures requested to be taken. Records of all controls shall be kept for at least 10 years.

2.  The records referred to in paragraph 1 shall be made available to the public on the Internet in accordance with Directive 2003/4/EC.

Article 10

Cooperation

1.  Competent authorities shall cooperate with each other and with administrative authorities of third countries and with the Commission in order to ensure compliance with this Regulation.

2.  The competent authorities shall exchange information on the results of the controls referred to in Article 8(1) with the competent authorities of other Member State(s) and with the Commission.

Article 11

Competent authorities

1.  Each Member State shall designate one or more competent authorities responsible for the application of this Regulation. These authorities shall be given sufficient powers to enforce this Regulation by monitoring its application, investigating alleged infringements in cooperation with the customs authorities, and reporting offences to the prosecuting authority in a timely manner.

Member States shall inform the Commission of the names and addresses of the competent authorities by 31 December . Member States shall inform the Commission of any changes to the names or addresses of the competent authorities.

2.  The Commission shall make publicly available on the Internet the list of the competent authorities. This list shall be kept up-to-date.

Article 12

Committee

1.  The Commission shall be assisted by the Committee on Timber Trade║.

2.  Where reference is made to this paragraph, Article 5a (1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.  Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 13

Development of sustainability requirements

By …(11), the Commission shall present a legislative proposal to the European Parliament and the Council on a Community standard for all timber and timber products sourced from natural forests aimed at achieving the highest sustainability requirements.

Article 14

Advisory Group

1.  An Advisory Group shall be established, consisting of representatives of interested stakeholders including, inter alia, forest-based industry representatives, forest owners, non-governmental organisations (NGOs) and consumer groups and chaired by a representative of the Commission.

2.  Representatives of Member States may participate in the meetings either on their own initiative or upon invitation by the Advisory Group.

3.  The Advisory Group shall set its rules of procedure which shall be made public on the Commission's website.

4.  The Commission shall provide the technical and logistical support necessary for the Advisory Group and provide the secretariat for its meetings.

5.  The Advisory Group shall examine and issue opinions on matters relating to the application of this Regulation raised by the chairman, either on his own initiative or at the request of the members of the Advisory Group or the Committee.

6.  The Commission shall convey the opinions of the Advisory Group to the Committee.

Article 15

Amendments

The Commission may add to the list of timber and timber products set out in the Annex taking into account technical characteristics, end-uses and production processes.

Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(2).

Article 16

Penalties

The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for may be criminal or administrative, must be effective, proportionate and dissuasive, and shall include, where appropriate, inter alia:

  (a) financial penalties reflecting:
   the degree of environmental damage;
   the value of the timber products concerned by the infringement;
   the tax losses and economic damage occasioned by the infringement;
   (b) seizure of timber and timber products;
   (c) temporary prohibition from marketing timber and timber products.

Where legal proceedings are pending, operators shall suspend sourcing timber and timber products from the areas in question.

Financial penalties shall represent at least five times the value of the timber products obtained by committing a serious infringement. In the case of a repeated serious infringement within a five-year period, the financial penalties shall gradually increase up to at least eight times the value of the timber products obtained by committing a serious infringement.

Without prejudice to other provisions laid down in Community law, pertaining to public funds, Member States shall not grant any public aid under national aid regimes or under Community funds to operators convicted of a serious infringement of this Regulation, until corrective measures have been taken and effective, proportionate and dissuasive penalties have been applied.

The Member States shall notify the provisions on penalties to the Commission by 31 December … and shall notify it without delay of any subsequent amendment affecting them.

Article 17

Reporting

1.  Member States shall submit to the Commission for the first time by …(12)and every second year thereafter a report on the application of this Regulation during the previous two years.

2.  On the basis of those reports the Commission shall draw up a report to be submitted to the European Parliament and to the Council every two years.

3.  In preparing the report referred to in paragraph 2, the Commission shall have regard to the progress made in respect of the conclusion and operation of the FLEGT VPAs adopted pursuant to Regulation (EC) No 2173/2005. The Commission shall consider whether any revisions of this Regulation are required in the light of experience of the operation of the FLEGT VPAs and their effectiveness in addressing the problem of illegal timber.

Article 18

Amendment to Directive 2008/99/EC

Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law(13) is hereby amended, with effect from …(14), as follows:

(1)  The following point shall be added to Article 3:"

(ia) the making available on the market of illegally harvested timber or timber products.

"

(2)  The following indent shall be added to Annex A:

  Regulation (EC) No …/2009 of the European Parliament and of the Council of ... laying down the obligations of operators who place timber and timber products on the market.

Article 19

Review

By …(15)*, and every five years thereafter, the Commission shall carry out a review of the operation of this Regulation in regard to its object and purpose and report its conclusions and, on the basis thereof, its proposals for amendments, to the European Parliament.

The review shall focus on the following:

   a detailed and thorough analysis of research and development in the field of sustainable forestry;
   the impact of this Regulation on the internal market, with particular reference to the competitive situation and the ability of new players to establish themselves on the market;
   the situation of SMEs on the market and how this Regulation has affected their activities.

Article 20

Entry into force

This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

It shall apply from …(16).

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ,

For the European Parliament For the Council

The President The President

ANNEX

Timber and timber products as classified in the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87(17), to which this Regulation applies

1.  The products set out in Annexes II and III of Regulation (EC) No 2173/2005, to which the FLEGT licensing scheme applies;

2.  Pulp and paper of Chapters 47, 48and 49 of the Combined Nomenclature (CN), with the exception of bamboo-based and recovered (waste and scrap) products;

3.  Wooden furniture of CN code 9403 30, 9403 40, 9403 50 00, 9403 60 and 9403 90 30;

4.  Prefabricated buildings of CN code 9406 00 20;

5.  Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms of CN code 4401;

6.  Builders" joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes, wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed of CN code 4418;

7.  Particle board, oriented strand board (OSB) and similar board of wood whether or not agglomerated with resins or other organic binding substances of CN code 4410;

8.  Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances of CN code 4411;

9.  Densified wood, in blocks, plates, strips or profile shapes of CN code 4413 00 00;

10.  Wooden frames for paintings, photographs, mirrors or similar objects of CN code 4414 00;

11.  Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood; coffins of CN code 4415;

12.  Casks, barrels, vats, tubs and other coopers" products and parts thereof, of wood, including staves of CN code 4416 00 00;

13.  Other timber products included in CN chapters 94 and 95, including wooden toys and sports accessories.

(1) OJ C , , p. .
(2) OJ C , , p. .
(3) Position of the European Parliament of 22 April 2009.
(4) OJ L 242, 10.9.2002, p. 1.
(5) COM(2003)0251, 21.5.2003.
(6) OJ L 347, 30.12.2005, p. 1.
(7) OJ L 61, 3.3.1997, p. 1.
(8) OJ L 41, 14.2.2003, p. 26.
(9) OJ L 184, 17.7.1999, p. 23.
(10)* Note to OJ: two years after the entry into force of this Regulation.
(11)* Note to OJ: one year after the date of entry into force of this Regulation.
(12)* Note to OJ: please insert date 30 April of the third year following the date of entry into force of this Regulation.
(13) OJ L 328, 6.12.2008, p. 28.
(14)* Note to OJ: one year after the date of entry into force of this Regulation.
(15)** Note to OJ: three years after the date of entry into force of this Regulation.
(16)* Note to OJ: one year after the date of entry into force of this Regulation.
(17) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).


Minimum stocks of crude oil and/or petroleum products *
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European Parliament legislative resolution of 22 April 2009 on the proposal for a Council directive imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products (COM(2008)0775 – C6-0511/2008 – 2008/0220(CNS))
P6_TA(2009)0226A6-0214/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0775),

–   having regard to Article 100 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0511/2008),

–   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 Economic and Monetary Affairs (A6-0214/2009),

1.  Approves the Commission proposal as amended;

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

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

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

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

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital 1
(1)  The supply of crude oil and petroleum products to the Community remains very important, particularly for the transport sector and the chemicals industry.
(1)  The supply of crude oil and petroleum products to the Community remains very important, particularly for the transport sector and the chemicals and energy industries. Disruption to supplies of crude oil and petroleum products or insufficient stocks could result in major financial losses for enterprises and could paralyse other sectors of the economy and the daily life of citizens of the Union.
Amendment 2
Proposal for a directive
Recital 1 a (new)
(1a)  Crude oil remains and will remain for the coming decades one of the most important primary energy sources. At the same time, it will be increasingly challenging for Members States to ensure a constant supply of crude oil at a reasonable price.
Amendment 3
Proposal for a directive
Recital 2
(2)  The increasing concentration of production, dwindling oil reserves and growing worldwide consumption of petroleum products are all contributing to an increased risk of supply difficulties.
(2)  The increasing concentration of production, dwindling oil reserves and constantly growing worldwide consumption of petroleum products are all contributing to a seriously increased risk of supply difficulties.
Amendment 4
Proposal for a directive
Recital 2 a (new)
(2a)  Alongside measures to create a favourable climate of investment for the purpose of prospecting for, and tapping into, oil reserves inside and outside the European Union, which is vital to ensure long-term oil supplies, building up oil reserves is a proven means of compensating for short-term supply disruption.
Amendment 5
Proposal for a directive
Recital 2 b (new)
(2b)  The level of dependence of Member States on oil imports to meet their energy needs is extremely high.
Amendment 6
Proposal for a directive
Recital 4 a (new)
(4a)  The European Union is a global player and its policy for enhancing the security of energy supply should therefore form part of the policy objectives in its relations with candidate and neighbouring countries.
Amendment 7
Proposal for a directive
Recital 4 b (new)
(4b)  The Commission should ensure that the eight Member States that are not members of the International Energy Agency (IEA)1 are involved on an equal footing as regards the decisions adopted and the measures taken by the European Union in consultation with the IEA.
1 Bulgaria, Cyprus, Estonia, Latvia, Lithuania, Malta, Romania and Slovenia.
Amendment 8
Proposal for a directive
Recital 5 a (new)
(5a)  The Commission should adequately represent and uphold the interests of the Member States that are not members of the IEA.
Amendment 9
Proposal for a directive
Recital 7
(7)  The Presidency Conclusions of the Brussels European Council of 8 and 9 March 2007 show that it is becoming increasingly vital and pressing for the Community to put in place an integrated energy policy, combining action at European and Member State level. It is therefore essential to ensure greater convergence between the stockholding mechanisms in place in the various Member States.
(7)  The Presidency Conclusions of the Brussels European Council of 8 and 9 March 2007 show that it is becoming increasingly vital and pressing for the Community to put in place an integrated energy policy, combining action at European and Member State level. It is therefore essential to ensure compatibility betweenthe different stockholding mechanisms in place in the various Member States.
Amendment 10
Proposal for a directive
Recital 7 a (new)
(7a)  The Presidency Conclusions of the European Council of 15 and 16 October 2008 emphasise the Union's desire to establish mechanisms for solidarity among Member States in the case of energy supply disruptions and suggests putting in place all necessary instruments for this purpose. An effective system for maintaining stocks of crude oil and/or petroleum products which is coordinated at Community level is also an important part of putting the principle of energy solidarity into practice.
Amendment 11
Proposal for a directive
Recital 8
(8)  The availability of oil stocks and the safeguarding of energy supply are essential elements of public security for Member States and for the Community. The existence of central stockholding entities or services in the Community brings those goals closer. Where oil stocks may be held in any location across the Community and by any central entity or service set up for that purpose, prohibiting their use for commercial purposes is sufficient to allow the various Member States concerned to make optimum use of national law to define the terms of reference for their central stockholding entities while easing the financial burden placed on final consumers as a result of such stockholding activities.
(8)  The availability of oil stocks and the safeguarding of energy supply are essential elements of public security for Member States and for the Community. The existence of central stockholding entities or services in the Community could contribute to achieving these goals in a cost-efficient way.Where oil stocks may be held in any location across the Community and by any central entity or service set up for that purpose,Member States should be able tomake optimum use of national law to define the terms of reference for their central stockholding entities and the conditions on which they delegate the holding of stocks to other Member States or other stockholding entities, while easing the financial burden placed on final consumers as a result of such stockholding activities.
Amendment 12
Proposal for a directive
Recital 8 a (new)
(8a)  In order to ease the financial burden on end-users, Member States should provide for closer cooperation among central stockholding entities and for the setting up of regional stockholding entities.
Amendment 13
Proposal for a directive
Recital 9
(9)  Given the objectives of the Community legislation on oil stocks, possible security concerns which may be expressed by some Member States and the desire to make mechanisms for solidarity amongst Member States more rigorous and more transparent, central entities acting without an intermediary must be restricted to operating within national boundaries.
deleted
Amendment 14
Proposal for a directive
Recital 12
(12)  In view of what is required in connection with setting up emergency policies, convergence among national stockholding mechanisms and the need to ensure a better overview of stock levels, particularly in the event of a crisis, Member States and the Community must have the means for reinforced control of those stocks.
(12)  In view of what is required in connection with setting up emergency policies, ensuring compatibility between national stockholding mechanisms and the need to ensure a better overview of stock levels, particularly in the event of a crisis, Member States must have the means for reinforced control of those stocks.
Amendment 15
Proposal for a directive
Recital 12 a (new)
(12a)  While sufficient flexibility should be given to Member States to choose the stock holding arrangements which are most suited to their geographical and organisational characteristics, all necessary mechanisms should be put in place to enable the provision to the Commission at any time of accurate and reliable data about stock levels.
Amendment 16
Proposal for a directive
Recital 12 b (new)
(12b)  The role of the Member States in maintaining and managing mandatory oil stocks for emergency situations should be strengthened.
Amendment 17
Proposal for a directive
Recital 14
(14)  To help enhance security of supply in the Community, the stocks, known as "specific stocks", purchased by the Member States or the central entities and constituted on the basis of decisions taken by the Member States should correspond to actual needs in the event of a crisis. They should also have separate legal status to ensure full availability should such a crisis occur. To that end, the Member States concerned should ensure that appropriate steps are taken to protect those stocks unconditionally against all enforcement measures.
(14)  To help enhance security of supply in the Community, the available stocks should, in accordance with this Directive, be sufficient to cover demand at least for the specified period. They should also have separate legal status to ensure full availability should such a crisis occur. To that end, the Member States concerned should ensure that appropriate steps are taken to protect those stocks unconditionally against all enforcement measures.
Amendment 18
Proposal for a directive
Recital 15
(15)  At this stage, the volumes to be owned by the central entities or the Member States should be set at a level determined independently and voluntarily by each of the Member States concerned.
(15)  At this stage, the volumes to be owned by the central entities or the Member States should be set at a level determinedin advance,independently and voluntarily by each of the Member States concerned.
Amendment 19
Proposal for a directive
Recital 18
(18)  The frequency with which stock summaries are drawn up and the deadline for their submission, as laid down by Directive 2006/67/EC, seem to be out of step with the various oil stock systems that have been set up in other parts of the world. In a resolution on the macroeconomic impact of the increase in the price of energy, the European Parliament voiced its support for more frequent reporting.
(18)  The frequency with which stock summaries are drawn up and the deadline for their submission, as laid down by Directive 2006/67/EC, seem to be out of step with the various oil stock systems that have been set up in other parts of the world. In a resolution on the macroeconomic impact of the increase in the price of energy, the European Parliament voiced its support for more frequent reporting. At the same time it is necessary to ensure that the data are accurate and do not require weekly or monthly correction, as is still frequently the case in the European Union.
Amendment 20
Proposal for a directive
Recital 21
(21)  With the same objectives in mind, the preparation and submission of statistical summaries should also be extended to stocks other than emergency stocks and specific stocks, with those summaries to be submitted on a weekly basis.
(21)  With the same objectives in mind, the preparation and submission of statistical summaries should also be extended to stocks other than emergency stocks and specific stocks, with those summaries to be submitted on a monthly basis. Taking into account the results of the feasibility study to be carried out on the effectiveness of weekly reporting on commercial oil stocks, the Commission should be empowered to require Member States to submit those summaries on a weekly basis, in so far as it can be guaranteed that only minimal adjustments will be necessary and that this offers distinct advantages in terms of market transparency.
Amendment 21
Proposal for a directive
Recital 23
(23)  As there may be errors or discrepancies in the summaries submitted to the Commission, the Commission's employees or authorised agents should be able to verify the existence of the stocks and the documents used by the authorities of the Member States.
(23)  As there may be errors or discrepancies in the summaries submitted to the Commission, the Commission's employees or authorised agents should, in the case of reasonable suspicion, be able, together with the designated Member State monitoring authorities, to verify the existence of the stocks and the documents used by the authorities of the Member States.
Amendment 22
Proposal for a directive
Recital 25
(25)  The protection of individuals with regard to the processing of personal data by the Member States is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, while the protection of individuals with regard to the processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. In particular, those Acts require the processing of personal data to be justified by a legitimate purpose and stipulate that any personal data gathered accidentally must be deleted immediately.
(25)  The protection of individuals with regard to the processing of personal data by the Member States is governed by Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, while the protection of individuals with regard to the processing of personal data by the Commission is governed by Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. The provisions of this Directive should be without prejudice to the provisions of Directive 95/46/EC and Regulation (EC) No 45/2001.
Amendment 23
Proposal for a directive
Recital 29
(29)  Given that no compulsory standard minimum level has been set at Community level for specific stocks and in view of the number of new mechanisms set up by this Directive, its implementation should be reviewed relatively soon after its entry into force.
(29)  Given that no compulsory standard minimum level has been set at Community level for specific stocks and taking into account the current study on the costs and benefits of measures to increase transparency of the oil market, notably by weekly reporting commercial oil stocks, and in view of the number of new mechanisms set up by this Directive, its implementation should be reviewed at the latest within three years after its entry into force.
Amendment 24
Proposal for a directive
Article 2 – paragraph 1 – point e
(e) "effective international decision to release stocks" means any current decision taken by the Governing Board of the International Energy Agency to release a Member State's stocks of oil or petroleum products;
(e) "effective international decision to release stocks" means any current decision taken by the Governing Board of the IEA to release an IEA member country's stocks of oil or petroleum products;
Amendment 25
Proposal for a directive
Article 2 – subparagraph 1 – point l a (new)
(la) "emergency situations" mean circumstances in which there is significant disruption to supplies of crude oil or petroleum products;
Amendment 26
Proposal for a directive
Article 3 – paragraph 4
4.  The methods and procedures for calculating stockholding obligations, as referred to in this Article, may be amended in accordance with the regulatory procedure referred to in Article 24(2).
4.  The methods and procedures for calculating stockholding obligations, as referred to in this Article, may be amended in accordance with the regulatory procedure referred to in Article 24(2) and after consulting experts and stakeholders.
Amendment 27
Proposal for a directive
Article 4 – paragraph 3
3.  The methods and procedures for calculating stock levels, as referred to in paragraphs 1 and 2, may be amended in accordance with the regulatory procedure referred to in Article 24(2).
3.  The methods and procedures for calculating stock levels, as referred to in paragraphs 1 and 2, may be amended in accordance with the regulatory procedure referred to in Article 24(2) and after consulting experts and stakeholders.
Amendment 28
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
1.  Member States shall ensure that emergency stocks and specific stocks, within the meaning of Article 9, which are held within their national territory are physically accessible and available at all times. They shall establish arrangements for the identification, accounting and control of those stocks so as to allow them to be verified at any time. For emergency stocks and specific stocks that form part of or are commingled with stocks held by economic operators, separate accounts must be kept.
1.  Member States shall ensure that emergency stocks and specific stocks, within the meaning of Article 9, which are held within their national territory are physically accessible and available at all times. They shall establish arrangements for the identification, accounting and control of those stocks so as to allow them to be verified at any time. Those arrangements shall be established with the prior agreement of the Commission. For emergencystocks and specific stocks that form partof or are commingled with, stocks held byeconomic operators, separate accounts must be kept.
Amendment 29
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
1.  Each Member State shall keep and continually update a detailed register of all emergency stocks held for its benefit which do not constitute specific stocks within the meaning of Article 9. That register shall contain, in particular, all the information needed to pinpoint the exact location of the stocks in questionand to determine the quantities involved, the owner of the stocks and their exact nature, with reference to the categories identified in the first paragraph of Section 3.1 of Annex C to Regulation (EC) No of the European Parliament and of the Council of ** on energy statistics.
1.  Each Member State shall keep and continually update a detailed register of all emergency stocks held for its benefit which do not constitute specific stocks within the meaning of Article 9. That register shall contain, in particular, information concerning the depot, refinery or storage facility where the stocks in question are located andthequantities involved, the owner of the stocks and their exact nature, with reference to the categories identified in the first paragraph of Section 3.1 of Annex C to Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics*.
* OJ L 304, 14.11.2008, p. 1.
Amendment 30
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Within 30 days of the end of each calendar year, Member States shall send the Commission a copy of the stock register showing the stocks existing on the last day of the calendar year in question.
Within 45 days of the end of each calendar year, Member States shall send the Commission a copy of the stock register showing the stocks existing on the last day of the calendar year in question.
Amendment 31
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 3 a (new)
The Commission shall ensure the confidentiality of the individual data contained in the registers.
Amendment 32
Proposal for a directive
Article 7 – paragraph 3 – subparagraph 2 a (new)
In the event that an agreement delegates these obligations to the Member State within whose territory those stocks are located or to the central stockholding entity set up by that Member State, this agreement shall contain provisions, which set out:
(a) the responsibility of the Member State or the central stockholding entity to ensure accurate data on the level of stocks at any time;
(b) the timeframe for delivering these emergency stocks acquired, constituted, maintained or managed on its territory to the Member State, which has delegated these tasks;
(c) effective, proportionate and dissuasive penalties, in case the Member State or central stock holding entity does not fulfil the conditions laid down in the agreement.
Amendment 33
Proposal for a directive
Article 7 – paragraph 4 – point b
(b) publish, at least six months in advance, the conditions subject to which it offers these services to economic operators.
(b) publish, at least three months in advance, the conditions subject to which it offers these services to economic operators.
Amendment 34
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1 – point b
(b) to one or more other central stockholding entities capable of maintaining such stocks, or
(b) to one or more other central stockholding entities capable of maintaining such stocks, provided that an agreement is concluded between the Member State concerned and the Member States which will hold the stocks, or
Amendment 35
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
1.  Each Member State may irrevocably undertake to maintain a minimum level of oil stocks, calculated in terms of number of days of consumption, in accordance with the conditions set out in this Article (hereinafter "specific stocks").
1.  Each Member State may undertake to maintain a minimum level of oil stocks, calculated in terms of number of days of consumption, in accordance with the conditions set out in this Article (hereinafter "specific stocks").
Amendment 36
Proposal for a directive
Article 9 – paragraph 3 – introductory part
3.  Specific stocks cover only the following product categories, as defined in Section 4 of Annex B to Regulation (EC) No * of the European Parliament and of the Council of * on energy statistics:
3.  Specific stocks may cover only the following product categories, which have to comply with Community legislation, in particular concerning fuel standards and environmental protection, as defined in Section 4 of Annex B to Regulation (EC) No 1099/2008:
Amendment 37
Proposal for a directive
Article 9 – paragraph 5 – subparagraph 1
5.  Each Member State that has decided to maintain specific stocks shall send the Commission notification, to be published in the Official Journal of the European Union, specifying the level of the specific stocks that it has irrevocably undertaken to maintain permanently for each category. There shall be no compulsory minimum level other than the one thus notified, and it shall be applied in the same way for all categories of specific stocks used by the Member State.
5.  Each Member State that has decided to maintain specific stocks shall send the Commission notification, to be published in the Official Journal of the European Union, specifying the level of the specific stocks that it has undertaken to maintain permanently for each category and the period for which it makes the commitment. There shall be no compulsory minimum level other than the one thus notified, and it shall be applied in the same way for all categories of specific stocks used by the Member State.
Amendment 38
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 1
1.  Each Member State shall keep and continually update a detailed register of all specific stocks held within its national territory. That register shall contain, in particular, all information needed to pinpoint the exact location of the stocks in question.
1.  Each Member State shall keep and on a monthly basis continually update a detailed register of all specific stocks held within its national territory. That register shall contain, in particular, information concerning the depot, refinery or storage facility where the stocks in question are located.
Amendment 39
Proposal for a directive
Article 10 – paragraph 1 – subparagraph 2
Member States shall also send the Commission a copy of the register within eight days of a request by the Commission. Such requests may be made no later than 10 years after the date to which the requested data relate.
Member States shall also send the Commission a copy of the register within 10 working days of a request by the Commission. Such requests may be made no later than three years after the date to which the requested data relate.
Amendment 40
Proposal for a directive
Article 11 – paragraph 1 a (new)
Any agreement between Member States and a central stockholding entity shall contain provisions, which set out:
(a) the responsibility of the Member State or the central stockholding entity to ensure accurate data on the level of stocks at any time;
(b) the timeframe for delivering these emergency stocks acquired, constituted, maintained or managed on its territory to the Member State, which has delegated these tasks;
(c) effective, proportionate and dissuasive penalties, in case the Member State or central stock holding entity does not fulfil the conditions laid down in the agreement.
Amendment 41
Proposal for a directive
Article 15
1.  Member States shall send the Commission a weekly statistical summary of the levels of commercial stocks held within their national territory. When doing so, they shall ensure that sensitive data are protected and shall abstain from mentioning the names of the owners of the stocks concerned.
1.  Member States shall send the Commission a monthly statistical summary of the levels of commercial stocks held within their national territory. When doing so, they shall ensure that sensitive data are protected and shall abstain from mentioning the names of the owners of the stocks concerned.
2.  Using aggregate levels, the Commission shall publish a weekly statistical summary of the commercial stocks in the Community on the basis of the summaries submitted by the Member States.
2.  Using aggregate levels, the Commission shall publish a monthly statistical summary of the commercial stocks in the Community on the basis of the summaries submitted by the Member States.
3.  The Commission shall establish rules for the implementation of paragraphs 1 and 2 in accordance with the regulatory procedure referred to in Article 24(2).
3.  The Commission shall establish rules for the implementation of paragraphs 1 and 2 in accordance with the regulatory procedure referred to in Article 24(2).
3a.  The Commission may, following its review under Article 23, require Member States to send a weekly (as opposed to monthly) statistical summary of the levels of commercial oil stocks, if a thorough examination of the feasibility and effectiveness of weekly statistical summaries shows that they offer distinct advantages in terms of market transparency and that no major subsequent corrections are routinely necessary to the data obtained for such summaries.
Amendment 42
Proposal for a directive
Article 19 – paragraph 1
1.  The Commission may at any time decide to carry out checks on emergency stocks and specific stocks in the Member States. The Commission may ask the Coordination Group for advice when preparing those checks.
1.  The Commission may, if there are reasonable grounds for suspicion, decide to carry out checks on emergency stocks and specific stocks in the Member States. The Commission may ask the Coordination Group for advice when preparing those checks.
Amendment 43
Proposal for a directive
Article 19 – paragraph 2
2.  The objectives of the checks referred to in paragraph 1 may not include gathering personal data. Any personal data found or uncovered during those checks may not be gathered or taken into consideration and, if gathered accidentally, shall be destroyed immediately.
2.  The objectives of the checks referred to in paragraph 1 may not include the processing of personal data. Any personal data found or uncovered during those checks may not be gathered or taken into consideration and, if gathered accidentally, shall be destroyed immediately.
Amendment 44
Proposal for a directive
Article 19 – paragraph 4
4.  Member States shall ensure that, when the checks referred to in paragraph 1 are being carried out, those responsible for maintaining and managing emergency stocks and specific stocks within their national territory cooperate with the Commission's employees or authorised agents.
4.  Member States shall ensure that, when the checks referred to in paragraph 1 are being carried out, those responsible for maintaining and managing emergency stocks and specific stocks within their national territory cooperate with the authorised Commission employees or agents.
Amendment 45
Proposal for a directive
Article 19 – paragraph 7
7.  Member States shall take the necessary measures to ensure that all data, records, summaries and documents relating to emergency stocks and specific stocks are kept for a period of at least 10 years.
7.  Member States shall take the necessary measures to ensure that all data, records, summaries and documents relating to emergency stocks and specific stocks are kept for a period of at least three years.
Amendment 46
Proposal for a directive
Article 21 – paragraphs 3 and 4
3.  In the event of an effective international decision to release stocks, the Member States concerned may use their emergency stocks and specific stocks to fulfil their international obligations under that decision. Any Member State so doing shall notify the Commission immediately, so that the Commission can call a meeting of the Coordination Group or consult its members by electronic means to assess, in particular, the impact of that release.
3.  The Commission shall work in close cooperation with other international organisations having the power to take a decision to release stocks and shall strengthen multilateral and bilateral coordination on these matters worldwide. In the event of an effective international decision to release stocks, the Member States concerned may usetheir emergency stocks and specific stocks to fulfil their international obligations under that decision. Any Member State so doing shall notify the Commission immediately, so that the Commission can call a meeting of the Coordination Group or consult its members by electronic means to assess, in particular, the impact of that release.
4.  In the event of difficulties arising in the supply of crude oil or petroleum products to the Community or to a Member State, the Commission shall call a meeting of the Coordination Group as soon as possible, either at the request of a Member State or on its own initiative. The Coordination Group shall examine the situation, and the Commission shall determine whether a major supply disruption has occurred.
4.  In the event of difficulties arising in the supply of crude oil or petroleum products to the Community or to a Member State, the Commission shall call a meeting of the Coordination Group as soon as possible, either at the request of a Member State or on its own initiative. Every Member State shall ensure that it can be represented, in person or by electronic means, at a meeting of the Coordination Group within 24 hours following the call for a meeting. The Coordination Group shall examine the situation based on the commitment to the principle of solidarity among Member States and on an objective assessment of the economic and social impact, and the Commission shall determine based on the assessment by the Coordination Group, whether a major supply disruption has occurred.
If a major supply disruption is deemed to have occurred, the Commission may authorise the release of some or all of the quantities put forward for that purpose by the Member States concerned.
If a major supply disruption is deemed to have occurred, the Commission may authorise the release of some or all of the quantities put forward for that purpose by the Member States concerned.
Amendment 47
Proposal for a directive
Article 23
Within three years of the entry into force of this Directive, the Commission shall review its implementation, looking in particular at whether it would be appropriate to require all Member Statesto hold a compulsory minimum level of specific stocks.
Within , at the latest, three years of the entry into force of this Directive, the Commission shall review its implementation, looking in particular at:
(a) whether data on stocks are accurate and transmitted on time;
(b) whether the levels of commercial oil stocks shall be reported on a weekly or on a monthly basis;
(c) whether it would be appropriate to require all Member States to hold a compulsory minimum level of specific stocks covering a longer period of time.
Amendment 48
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 1
1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 20XX at the latest. They shall forthwith communicate to the Commission the text of those provisions and a table of correlation between those provisions and this Directive.
1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 20XX at the latest with the exception of those Member States for which a transitional period applies for the constitution of reserves of petroleum or petroleum products under the treaty of accession to the European Union for which the deadline for implementation is the date on which the transitional period ends. They shall forthwith communicate to the Commission the text of those provisions and a table of correlation between those provisions and this Directive.
Amendment 49
Proposal for a directive
Annex III – paragraph 11
When calculating their stocks, Member States must reduce the quantities of stocks calculated as set out above by 10%. That reduction applies to all quantities included in a given calculation.
When calculating their stocks, Member States must reduce the quantities of stocks calculated as set out above by 5 %. That reduction applies to all quantities included in a given calculation.

Critical Infrastructure Warning Information Network *
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European Parliament legislative resolution of 22 April 2009 on the proposal for a Council decision on a Critical Infrastructure Warning Information Network (CIWIN) (COM(2008)0676 – C6-0399/2008 – 2008/0200(CNS))
P6_TA(2009)0227A6-0228/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0676),

–   having regard to Article 308 of the EC Treaty and Article 203 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0399/2008),

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Rules 51 and 35 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0228/2009),

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.  Calls on the Commission, following the entry into force of the Treaty of Lisbon, if the Council has not taken any decision in this respect, to consider the possibility of using Article 196 (Civil Protection) as the legal basis for this proposal and to reconsider, if appropriate, submitting a proposal to Parliament;

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 decision
Recital 1
(1)  The Council conclusions on "Prevention, Preparedness and Response to Terrorist Attacks" and the "EU Solidarity Programme on the Consequences of Terrorist Threats and Attacks" adopted by Council in December 2004 endorsed the Commission's intention to propose a European Programme for Critical Infrastructure Protection and agreed to the Commission setting up CIWIN1.
(1)  The Council conclusions on "Prevention, Preparedness and Response to Terrorist Attacks" and the "EU Solidarity Programme on the Consequences of Terrorist Threats and Attacks" adopted by Council in December 2004 endorsed the Commission's intention to propose a European Programme for Critical Infrastructure Protection and agreed to the Commission setting up CIWIN1.
______________
14894/04.
________________
Council Document 15232/04.
Amendment 2
Proposal for a decision
Recital 4
(4)  Several incidents involving critical infrastructure in Europe such as for example the European blackout in 2006 demonstrated the need for a better and more efficient exchange of information in order to prevent or limit the scope of the incident.
(4)  Several incidents involving critical infrastructure in Europe such as for example the European blackout in 2006 demonstrated the need for a better and more efficient exchange of information and greater knowledge of the practice of different Member States in order to be prepared and to avoid a recurrence of such incidents.
Amendment 3
Proposal for a decision
Recital 5
(5)  It is appropriate to establish an information system that will enable Member States and the Commission to exchange information and alerts in the field of Critical Infrastructure Protection (CIP), to strengthen their CIP dialogue, and contribute towards promoting the integration and better coordination of nationally scattered and fragmented CIP research programmes.
(5)  It is therefore appropriate to establish an information system that will enable Member States and the Commission to exchange information in the field of CIP, to strengthen their CIP dialogue, and contribute towards promoting the integration and better coordination of nationally scattered and fragmented CIP research programmes.
Amendment 4
Proposal for a decision
Recital 6
(6)  CIWIN should contribute to the improvement of CIP in the EU by providing an information system that could facilitate Member States' cooperation; and offer an efficient and quick alternative to time-consuming methods of searching for information on critical infrastructures in the Community.
(6)  CIWIN should contribute to the improvement of CIP in the EU by providing an information system that could facilitate Member States' cooperation and coordination, and offer an efficient and quick alternative to time-consuming methods of searching for information on critical infrastructures in the Community. It should in particular stimulate the development of appropriate measures aimed at facilitating the exchange and dissemination of information, best practice and experience between Member States.
Amendment 5
Proposal for a decision
Recital 6 a (new)
(6a)  The first evaluation of CIWIN should also include an in-depth analysis of the necessity of adding a new functionality to CIWIN, namely the technical facility of a rapid alert system (RAS). This functionality should enable Member States and the Commission to post alerts on immediate risks and threats to critical infrastructure,taking into account all the necessary security requirements.
Amendment 6
Proposal for a decision
Recital 7
(7)  CIWIN should, in particular, stimulate the development of appropriate measures aimed at facilitating an exchange of best practices as well as being a vehicle for transmission of immediate threats and alerts in a secure manner.
deleted
Amendment 7
Proposal for a decision
Recital 8
(8)  CIWIN should avoid duplication and be heedful of the specific characteristics, expertise, arrangements and areas of competence of each of the existing sectoral rapid alert systems(RAS).
(8)   In the course of the development and evaluation of the new information system, Member States and the Commission should ensure that CIWIN avoids duplication and is heedful of the specific characteristics, expertise, arrangements and areas of competence of each of the existing sectoral rapid alert systems(RAS).
Amendment 8
Proposal for a decision
Recital 10
(10)  The interdependence of critical infrastructure in Member States and varying levels of CIP in Member States suggest that creating a horizontal and cross-sectoral Community tool for the exchange of information and alerts on CIP would increase the security of citizens.
(4a)  The interdependence of critical infrastructure in Member States and varying levels of Critical Infrastructure Protection (CIP) in Member States suggest that creating a horizontal and cross-sectoral Community tool for the exchangeof information on CIP would increase the security of citizens.
Amendment 9
Proposal for a decision
Recital 10 a (new)
(10a)  The adoption of measures in the sphere of civil protection is listed among the activities of Community in point (u) of Article 3(1) of the EC Treaty. Therefore, the creation of CIWIN is necessary to enable the Community to attain an objective laid down by the Treaty.
Amendment 11
Proposal for a decision
Recital 17
(17 This Decision respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union,
(17)  This Decision respects the fundamental rights and observes the principles recognised by Article 6 of the EU Treaty and reflected in the Charter of Fundamental Rights of the European Union,
Amendment 12
Proposal for a decision
Article 1
This Decision sets up a secure information, communication and alert system - Critical Infrastructure Warning Information Network (CIWIN) - with the aim of assisting Member States to exchange information on shared threats, vulnerabilities and appropriate measures and strategies to mitigate risks related to CIP.
This Decision sets up a secure information and communication system - Critical Infrastructure Warning Information Network (CIWIN) - with the aim of assisting Member States to exchange information on vulnerabilities and appropriate measures and strategies to mitigate risks related to CIP.
Amendment 13
Proposal for a decision
Article 2 – paragraph 2
"Critical Infrastructure" shall mean those assets, systems or parts thereof located in Member States which are essential for the maintenance of vital societal functions, health, safety, security, economic or social well-being of people, and the disruption or destruction of which would have a significant impact in a Member State as a result of the failure to maintain those functions.
"Critical Infrastructure" shall mean those assets, systems or parts thereof located in Member States which are essential for the maintenance of vital societal functions, health, safety, security, supply chain, economic or social well-being of people, and the disruption or destruction of which would have a significant impact in a Member State as a result of the failure to maintain those functions.
Amendment 14
Proposal for a decision
Article 2 – paragraph 3
"Participating Member State" shall mean the Member State having signed a Memorandum of understanding with the Commission.
deleted
Amendment 15
Proposal for a decision
Article 3
Article 3
deleted
Participation
Participation in and use of CIWIN is open to all Member States. The participation to CIWIN shall be conditional upon the signature of a Memorandum of understanding that contains technical and security requirements applicable to CIWIN, and information on the sites to be connected to CIWIN.
Amendment 16
Proposal for a decision
Article 4 – Title
Functionalities
Functionality and structure
Amendment 17
Proposal for a decision
Article 4 – paragraph 1
(1)  The CIWIN shall consist of the two following functionalities:
(a) an electronic forum for the CIP related to information exchange;
(1)  The CIWIN shall be designed as an electronic forum for the CIP related to information exchange.
(b) a rapid alert functionality that shall enable participating Member States and the Commission to post alerts on immediate risks and threats to critical infrastructure.
Amendment 18
Proposal for a decision
Article 4 – paragraph 1 a (new)
(1a)  The technical platform for CIWIN shall be present in at least one secure location in each Member State.
Amendment 19
Proposal for a decision
Article 4 – paragraph 2 – subparagraph 2
Fixed areas shall be included in the system on a permanent basis. While their content may be adjusted, the areas may not be removed, renamed or new areas added. Annex I contains a list of fixed areas.
Fixed areas shall be included in the system on a permanent basis. While their content may be adjusted, the areas may not be removed and renamed. Annex I contains a list of fixed areas. This does not preclude the inclusion of new areas if the functioning of the system demonstrates that it is necessary.
Amendment 20
Proposal for a decision
Article 5 – paragraph 1
(1)  Participating Member States shall designate a CIWIN Executive and notify the Commission thereof. CIWIN Executive shall be responsible for granting or denying access rights to the CIWIN within the relevant Member State.
(1)  Member States shall designate a CIWIN Executive and notify the Commission thereof. CIWIN Executive shall be responsible for granting or denying access rights to the CIWIN within the relevant Member State.
(This amendment applies throughout the text.)
Amendment 21
Proposal for a decision
Article 5 – paragraph 2
(2)  Participating Member States shall provide access to the CIWIN in compliance with the guidelines adopted by the Commission.
(2)  Member States shall provide access to the CIWIN in compliance with the user guidelines adopted by the Commission.
Amendment 22
Proposal for a decision
Article 6 – paragraph 1 – point b
(b) laying down guidelines on the terms of use of the system, including confidentiality, transmission, storage, filing and deletion of information. The Commission shall also establish the terms and procedures for granting full or selective access to the CIWIN.
(b) laying down user guidelines on the terms of use of the system, including confidentiality, transmission, storage, filing and deletion of information. The Commission shall also establish the terms and procedures for granting full or selective access to the CIWIN.
Amendment 23
Proposal for a decision
Article 6 – paragraph 3 a (new)
(3a)  The Commission shall monitor the functioning of the CIWIN system.
Amendment 24
Proposal for a decision
Article 7 – paragraph 2
(2)  Users' rights to access documents shall be on a "need to know" basis and must at all times respect the author's specific instructions on the protection and distribution of a document.
(2)  Users' rights to access documents shall be on a "need to know" basis. Users shall at all times respect the author's specific instructions on the protection and distribution of a document.
Amendment 25
Proposal for a decision
Article 7 – paragraph 2 a (new)
(2a)  In Member States, the exchange of sensitive information uploaded onto CIWIN between authorised users and third parties shall be subject to the prior authorisation of the owner of that information and shall take place in accordance with relevant Community and national law.
Amendment 26
Proposal for a decision
Article 7 a (new)
Article 7a
Requirements relating to information included in CIWIN
For any information or documents uploaded in the system an automatic translation will be possible.
The Commission shall, in collaboration with CIP contact points, develop a list of key words for each sector which could be used when uploading or searching for information in CIWIN.
Amendment 27
Proposal for a decision
Article 8
The Commission shall develop and regularly update User guidelines containing full details of CIWIN's functionalities and roles.
The Commission shall develop and regularly update the User guidelines containing full details of CIWIN's functionality and roles.
Amendment 28
Proposal for a decision
Article 8 – paragraph 1 a (new)
The User Guidelines shall be established in accordance with the advisory procedure laid down in Article 3 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission1.
_________________
1 OJ L 184, 17.7.1999, p. 23.
Amendment 29
Proposal for a decision
Article 10 – paragraph 1
The Commission shall review and evaluate the operation of the CIWIN every three years, and shall submit regular reports to the Member States.
The Commission, using specially developed indicators for monitoring progress, shall review and evaluate the operation of the CIWIN every three years, and shall submit regular reports to all Member States, the European Parliament, the Committee of the Regions and the European Economic and Social Committee.
Amendment 30
Proposal for a decision
Article 10 – paragraph 2
The first report, which shall be submitted within three years after the entry into force of this Decision, shall, in particular, identify those elements of the Community network which should be improved or adapted. It shall also include any proposal that the Commission considers necessary for the amendment or adaptation of this Decision.
The first report, which shall be submitted within three years after the entry into force of this Decision, shall, in particular, identify those elements of the Community network which should be improved or adapted and shall, in particular, assess the participation of each Member State in the CIWIN system as well as the possibility of upgrading CIWIN to include a rapid alert system (RAS) functionality.It shall also include any proposal that the Commission considers necessary for the amendment or adaptation of this Decision.
Amendment 31
Proposal for a decision
Article 11
This Decision shall apply as from 1 January 2009.
This Decision shall take effect on the day of its publication in the Official Journal of the European Union.
Amendment 32
Proposal for a decision
Annex II – point 3
(3)  Alert Areas, which may be created in the event of an alert being triggered in the RAS, and will constitute the channel of communication during CIP-related activities;
deleted

European Network for the Protection of Public Figures *
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European Parliament legislative resolution of 22 April 2009 on the initiative by the Kingdom of the Netherlands for adoption of a Council decision amending Decision 2002/956/JHA setting up a European Network for the Protection of Public Figures (16437/2008 – C6-0029/2009 – 2009/0801(CNS))
P6_TA(2009)0228A6-0193/2009

(Consultation procedure)

The European Parliament,

–   having regard to the initiative by the Kingdom of the Netherlands (16437/2008),

–   having regard to Article 30(1)(a) and (c) and Article 34(2)(c) of the EU Treaty,

–   having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0029/2009),

–   having regard to Rules 93 and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0193/2009),

1.  Approves the initiative by the Kingdom of the Netherlands;

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

3.  Calls on the Council to consult Parliament again if it intends to amend the initiative by the Kingdom of the Netherlands substantially;

4.  Instructs its President to forward its position to the Council and the Commission, and to the government of the Kingdom of the Netherlands.


National restructuring programmes for the cotton sector *
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European Parliament legislative resolution of 22 April 2009 on the proposal for a Council regulation amending Regulation (EC) No 637/2008 as regards the national restructuring programmes for the cotton sector (COM(2009)0037 – C6-0063/2009 – 2009/0008(CNS))
P6_TA(2009)0229A6-0200/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2009)0037),

–   having regard to the Act of Accession of 1979, and in particular paragraph 6 of Protocol No 4 on cotton annexed to the Act,

–   having regard to Article 37(2), third subparagraph of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0063/2009),

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

–   having regard to the report of the Committee on Agriculture and Rural Development (A6-0200/2009),

1.  Approves the Commission proposal as amended;

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

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

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

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

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation – amending act
Recital 1 a (new)
(1a)  The reform that entered into force on 1 January 2006 led to a drastic fall in cotton production in Spain that has seriously jeopardised the sector's survival, resulting in the immediate restructuring of the ginning industry.

Protocol on the Implementation of the Alpine Convention in the field of Transport *
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European Parliament legislative resolution of 22 April 2009 on the proposal for a Council decision on the conclusion, of behalf of the European Community, of the Protocol on the Implementation of the Alpine Convention in the field of Transport (Transport Protocol) (COM(2008)0895 – C6-0073/2009 – 2008/0262(CNS))
P6_TA(2009)0230A6-0219/2009

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council decision (COM(2008)0895),

–   having regard to Article 71 and the first sentence of the first subparagraph of Article 300(2) of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0073/2009),

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

–   having regard to the report of the Committee on Transport and Tourism (A6-0219/2009),

1.  Approves conclusion of the Protocol;

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


Draft amending budget No 2/2009
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European Parliament resolution of 22 April 2009 on Draft amending budget No 2/2009 of the European Union for the financial year 2009, Section III - Commission (6953/2009 – C6-0077/2009 – 2009/2010(BUD))
P6_TA(2009)0231A6-0192/2009

The European Parliament,

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

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

–   having regard to the general budget of the European Union for the financial year 2009, as finally adopted on 18 December 2008(2),

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

–   having regard to Preliminary draft amending budget No 2/2009 of the European Union for the financial year 2009, which the Commission presented on 2 February 2009 (COM(2009)0032),

–   having regard to Draft amending budget No 2/2009, which the Council established on 26 February 2009 (6953/2009 – C6-0077/2009),

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

–   having regard to the report of the Committee on Budgets (A6-0192/2009),

A.   whereas Draft amending budget No 2 to the general budget 2009 covers the following items: the establishment plans of Single European Sky ATM Research (SESAR) Joint Undertaking, of European Centre for Disease Prevention and Control (ECDC), the modification of the European Railway Agency (ERA), and the modification of the budget remarks for "Global Monitoring for environment and Security" (GMES) Preparatory Action,

B.   whereas the purpose of Draft amending budget No 2/2009 is to formally enter these budgetary adjustments into the 2009 budget,

1.  Takes note of the Preliminary draft amending budget No 2/2009;

2.  Approves Draft amending budget No 2/2009 unamended;

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

(1) OJ L 248, 16.9.2002, p. 1.
(2) OJ L 69, 13.3.2009.
(3) OJ C 139, 14.6.2006, p. 1.


Draft amending budget No 3/2009
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European Parliament resolution of 22 April 2009 on Draft amending budget No 3/2009 of the European Union for the financial year 2009, Section III - Commission (8153/2009 – C6-0118/2009 – 2009/2017(BUD))
P6_TA(2009)0232A6-0194/2009

The European Parliament,

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

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

–   having regard to the general budget of the European Union for the financial year 2009, as finally adopted on 18 December 2008(2),

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

–   having regard to Preliminary draft amending budget No 3/2009 of the European Union for the financial year 2009, which the Commission presented on 6 March 2009 (COM (2009)0110),

–   having regard to Draft amending budget No 3/2009, which the Council established on 30 March 2009 (8153/2009 – C6-0118/2009),

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

–   having regard to the report of the Committee on Budgets (A6-0194/2009),

A.   whereas Draft amending budget No 3 to the general budget 2009 covers the readjustment, with retroactive effect from 1 January 2007, of the own resources system according to Decision 2007/436/EC, Euratom of 7 June 2007,

B.   whereas the purpose of Draft amending budget No 3/2009 is to formally enter these budgetary adjustments into the 2009 budget,

1.  Takes note of the Preliminary draft amending budget No 3/2009;

2.  Approves Draft amending budget No 3/2009 unamended;

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

(1) OJ L 248, 16.9.2002, p. 1.
(2) OJ L 69, 13.3.2009.
(3) OJ C 139, 14.6.2006, p. 1.


Request for defence of the immunity and privileges of Aldo Patriciello
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European Parliament decision of 22 April 2009 on the request for defence of the immunity and privileges of Aldo Patriciello (2008/2323(IMM))
P6_TA(2009)0233A6-0196/2009

The European Parliament,

–   having regard to the request by Aldo Patriciello for defence of his immunity in connection with criminal proceedings brought against him before the District Court of Campobasso, of 11 November 2008, announced in plenary sitting on 20 November 2008,

–   having heard Aldo Patriciello in accordance with Rule 7(3) of its Rules of Procedure,

–   having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities ("the Protocol"), and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–   having regard to the judgments of 12 May 1964, 10 July 1986 and 21 October 2008(1) of the Court of Justice of the European Communities,

–   having regard to Rules 6(3) and 7 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0196/2009),

A.   whereas Aldo Patriciello is a Member of the European Parliament whose credentials were verified by Parliament on 15 June 2006,

B.   whereas, according to the Court of Justice, the European Parliament and the national judicial authorities must cooperate in order to avoid any conflict in the interpretation and application of the provisions of the Protocol; whereas, consequently, where an action has been brought against a Member of the European Parliament before a national court and that court is informed that a procedure for defence of the privileges and immunities of that Member, as provided for in Article 6(3) of the Rules of Procedure, has been initiated, that court must stay the judicial proceedings and request Parliament to issue its opinion as soon as possible(2),

C.   whereas, according to Article 10 of the Protocol, during the sessions of the European Parliament, its Members enjoy in the territory of their own State the immunities accorded to members of their parliament and whereas immunity cannot be claimed where a Member is caught in the act of committing an offence; whereas this does not prevent Parliament from exercising its right to waive the immunity of one of its Members,

D.   whereas, therefore, the provision applicable to the case in question is Article 68(2) of the Italian Constitution, which allows criminal proceedings to be brought against Members of Parliament without any special formalities, given its provision that, without the leave of the Chamber to which the Member belongs, a search may not be carried out on either the person or the domicile of a Member of Parliament and a Member may not be arrested or otherwise deprived of his or her personal freedom or kept in detention, except to enforce a final conviction or where the Member is caught in the act of committing a crime for which arrest is mandatory in the case of flagrante delicto,

E.   whereas, as it stands, the Protocol does not afford the European Parliament the means of taking binding action in order to protect Aldo Patriciello,

1.  Decides not to defend the immunity and privileges of Aldo Patriciello;

2.  Instructs its President to forward this decision, and the report of its committee responsible, immediately to the competent authorities of the Italian Republic.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, Case 149/85 Wybot v Faure and Others [1986] ECR 2391 and Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente, not yet reported in the European Court Reports.
(2) Judgment in Joined Cases C-200/07 and C-201/07 Marra, at paragraphs 42 and 43.


Request for defence of the immunity and privileges of Renato Brunetta
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European Parliament decision of 22 April 2009 on the request for defence of the immunity and privileges of Renato Brunetta (2008/2147(IMM))
P6_TA(2009)0234A6-0195/2009

The European Parliament,

–   having regard to the request by Renato Brunetta for defence of his immunity in connection with criminal proceedings brought against him before the District Court of Florence, of 15 May 2008, announced in plenary sitting on 4 June 2008,

–   having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–   having regard to the judgments of 12 May 1964, 10 July 1986 and 21 October 2008(1) of the Court of Justice of the European Communities,

–   having regard to Rules 6(3) and 7 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0195/2009),

1.  Decides to defend the immunity and privileges of Renato Brunetta;

2.  Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authorities of the Italian Republic.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, Case 149/85 Wybot v Faure and Others [1986] ECR 2391 and Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente, not yet reported in the European Court Reports.


Request for consultation on the immunity and privileges of Antonio Di Pietro
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European Parliament decision of 22 April 2009 on the request for consultation on the immunity and privileges of Antonio Di Pietro (2008/2146(IMM))
P6_TA(2009)0235A6-0197/2009

The European Parliament,

–   having regard to the request for consultation on the parliamentary immunity of Antonio Di Pietro, forwarded by the competent authority of the Italian Republic on 15 May 2008, and announced in plenary sitting on 5 June 2008,

–   having heard Antonio Di Pietro in accordance with Rule 7(3) of its Rules of Procedure,

–   having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–   having regard to the judgments of 12 May 1964, 10 July 1986 and 21 October 2008(1) of the Court of Justice of the European Communities,

–   having regard to Article 68(1) of the Italian Constitution,

–   having regard to Rules 6(1) and 7(13) of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0197/2009),

1.  Decides not to waive the immunity of Antonio Di Pietro;

2.  Instructs its President to forward this decision, and the report of the committee responsible, immediately to the competent authorities of the Italian Republic.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, Case 149/85 Wybot v Faure and Others [1986] ECR 2391 and Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente, not yet reported in the European Court Reports.


Request for waiver of the immunity of Hannes Swoboda
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European Parliament decision of 22 April 2009 on the request for waiver of the immunity of Hannes Swoboda (2009/2014(IMM))
P6_TA(2009)0236A6-0190/2009

The European Parliament,

–   having regard to the request for waiver of the immunity of Hannes Swoboda of 5 December 2008, forwarded by the Vienna Regional Criminal Court on 20 January 2009 and announced in plenary sitting on 5 February 2009,

–   having heard Hannes Swoboda in accordance with Rule 7(3) of its Rules of Procedure,

–   having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–   having regard to the judgments of 12 May 1964 and 10 July 1986(1) of the Court of Justice of the European Communities,

–   having regard to Article 57 of the Austrian Bundesverfassungsgesetz (Federal Constitutional Law),

–   having regard to Rules 6(2) and 7 of its Rules of Procedure,

–   having regard to the report of the Committee on Legal Affairs (A6-0190/2009),

1.  Decides not to waive the immunity of Hannes Swoboda;

2.  Instructs its President to forward this decision, and the report of its committee responsible, immediately to the appropriate authority of the Republic of Austria.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, and Case 149/85 Wybot v Faure and others [1986] ECR 2391.


Control of the budgetary implementation of the Instrument for Pre-Accession Assistance
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European Parliament resolution of 22 April 2009 on control of the budgetary implementation of the Instrument for Pre-Accession Assistance (IPA) in 2007 (2008/2206(INI))
P6_TA(2009)0237A6-0181/2009

The European Parliament,

–   having regard to Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA)(1),

–   having regard to Commission Regulation (EC) No 718/2007 of 12 June 2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA)(2),

–   having regard to the Commission Communication of 8 November 2006 on the IPA Multi-Annual Indicative Financial Framework for 2008-2010 (COM(2006)0672),

–   having regard to the Commission Communication of 6 November 2007 on the IPA Multi-Annual Indicative Financial Framework for 2009-2011(COM(2007)0689),

–   having regard to the Commission's 2007 Annual IPA Report of 15 December 2008 (COM(2008)0850 and SEC(2008)3026),

–   having regard to the Commission Communication of 5 November 2008 on Enlargement Strategy and Main Challenges 2008-2009 and the accompanying 2008 Country Progress Reports (COM(2008)0674 accompanied by SEC(2008)2692 to SEC(2008)2699),

–   having regard to the Commission report of 22 July 2008 entitled "Protection of the Communities" financial interests – Fight against fraud – Annual report 2007" (COM(2008)0475, including SEC(2008)2300),

–   having regard to the Commission's annual report of 27 October 2008 on the Instrument for Structural Policy for Pre-accession (ISPA) 2007 (COM(2008)0671 and SEC(2008)2681),

–   having regard to the Commission's 2007 annual report of 22 December 2008 on PHARE, Turkey Pre-Accession, CARDS and Transition Facility (COM(2008)0880 and SEC(2008)3075),

–   having regard to the European Court of Auditors' report on the annual accounts of the European Agency for Reconstruction for the financial year 2007, together with the Agency's replies(3),

–   having regard to the European Court of Auditors' special report No 5/2007 on the Commission's management of the CARDS programme, together with the Commission's replies(4),

–   having regard to the 2007 Annual Activity Report of the Commission's Director-General for Enlargement(5),

–   having regard to its previous resolutions on enlargement and, in particular, its resolution of 10 July 2008 on the Commission's 2007 enlargement strategy paper(6),

–   having regard to its resolution of 10 April 2008 on Croatia's 2007 progress report(7),

–   having regard to its resolution of 23 April 2008 on the 2007 Progress Report on the former Yugoslav Republic of Macedonia(8),

–   having regard to its resolution of 21 May 2008 on Turkey's 2007 progress report(9),

–   having regard to its resolution of 13 January 2009 on Trade and Economic relations with the Western Balkans(10),

–   having regard to its resolution of 4 December 2008 on the situation of women in the Balkans(11),

–   having regard to the visit of a fact-finding delegation of its Committee on Budgetary Control to Kosovo(12) from 22 to 25 June 2008, and to the relevant mission report(13),

–   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(14), and in particular Article 53 thereof, and to its implementing rules,

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

–   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Foreign Affairs (A6-0181/2009),

A.   whereas the IPA is the new financial instrument that replaces the instruments and programmes for candidate and potential candidate countries, namely Phare, SAPARD, ISPA, pre-accession financial assistance for Turkey, and CARDS, and aims to streamline EU funds in a flexible way so as to tailor them to the specific needs and management capacity of those countries,

B.   whereas the IPA consists of the following five components covering priorities defined according to the needs of the beneficiary countries, namely:

I. Transition Assistance and Institution Building,

II. Cross-Border Cooperation (CBC),

III. Regional Development,

IV. Human Resources Development,

V. Rural Development,

C.   whereas the IPA is a key factor for improving the quality of life of citizens, social standards, infrastructure and regional and cross-border cooperation, and for promoting respect for human rights in candidate and potential candidate countries,

D.   whereas the purpose of parliamentary control over the implementation of the budget in the area of enlargement policy is not only to ensure that EU funds have been used in accordance with the governing provisions and with the policies of the EU, but also to assess whether they have been effectively allocated to the priorities identified in the strategy and progress reports for the beneficiary countries and whether they have achieved the desired results in view of common EU interests,

E.   whereas it is vital to examine the implementation of the IPA rigorously and at an early stage so as to avoid the problems that were identified belatedly in the implementation of previous pre-accession instruments, bearing in mind that irregularities not taken into consideration in due time will multiply and that it will be very difficult to deal with them later as they will assume the form of permanent malpractices,

F.   whereas the fight against corruption and the sectoral reforms (in the judicial, police and public administration sectors) have a bearing not only on good governance and the rule of law but also on the general business climate,

G.   whereas the IPA, notably through the review of Multi-Annual Indicative Planning Documents (MIPDs), offers considerable flexibility allowing for adaptation to the evolving needs and managing capacity of the beneficiary countries,

H.   whereas, under Article 27 of Regulation (EC) No 1085/2006 ("the IPA Regulation"), the Commission is obliged to submit to the European Parliament and the Council, by 31 December 2010, a mid-term evaluation report on the implementation of the IPA, accompanied if appropriate by a legislative proposal to amend that Regulation,

I.   whereas, further to Parliament's request, the Commission has undertaken to carry out already in 2009 a mid-term review of the package of external aid instruments, including the IPA,

J.   whereas Parliament should, from now on, communicate with the national parliaments of the beneficiary countries under the IPA,

General remarks

1.  Welcomes the structured dialogue established with the Commission on the implementation of the IPA, and recalls its position in this respect, notably the need to grant all beneficiary countries equal access to the full range of policy tools available under the instrument, to give adequate priority to the fight against corruption and organised crime and to pay increased attention to institutional capacity-building, particularly at parliamentary level, the development of civil society organisations, measures to promote the principle of tolerance and non-discrimination, human development and regional cooperation in key policy areas;

2.  Is pleased by the high rate of implementation of IPA commitments in 2007; regrets, however, that the first IPA programmes were only adopted at the end of 2007 and that the actual implementation started only in 2008, due in part to the late adoption of the new instrument and in part to delays on the part of beneficiary countries in setting up the requisite structures and management systems; urges the Commission to push ahead with the implementation of projects and to monitor the allocation of funds and the results obtained so as to ensure that the IPA has a visible impact in the countries concerned;

3.  Notes that, due to the late adoption of the IPA Regulation and of Regulation (EC) No 718/2007 ("the IPA Implementing Regulation"), and subsequently of the first Multi-Annual Indicative Financial Framework and the MIPDs, the monitoring, evaluation and reporting on 2007 IPA programmes and projects was limited and has not yet yielded results; stresses that the smooth transition from previous pre-accession instruments to the IPA requires continuity in programming, adequate implementation of projects and execution of payments;

4.  Considers that there was satisfactory coherence between the 2007 IPA national programmes and the EU pre-accession policy, as most of the objectives set out in the programmes were in line with the priorities identified in the respective Commission progress reports;

5.  Notes that the main focus for the candidate countries lies in the implementation of European standards, namely statistical, environmental and fiscal standards, which is consistent with the EU's enlargement policy; points out however that the importance of the political criteria, notably democratic governance, respect for human rights, freedom of religion, women's rights, minorities" rights and the rule of law, should not be undermined, since their non-fulfilment can lead to complications and delay in negotiations; considers that there should be a better balance between projects earmarked for meeting the political criteria and projects earmarked for the implementation of the acquis;

6.  Reminds the Commission that the Union's legitimacy and capacity to promote reforms can be greatly enhanced if the IPA targets its assistance to areas of direct benefit for the citizens of the candidate and potential candidate countries, particularly in view of the needs and challenges generated by the global financial crisis;

7.  Is consequently of the opinion that the IPA should support the efforts by the beneficiary countries to meet the requirements laid down in the roadmap for visa liberalisation, so that the citizens of the Western Balkans can finally enjoy freedom of movement and participate fully in EU programmes and schemes; welcomes the Commission's intention to further increase the allocation of IPA funds to the Tempus, Erasmus Mundus and Youth in Action programmes;

8.  Takes note of the fact that the Commission was in a position to give accreditation for decentralised management to Croatia for Components I to IV and to Turkey for Components I and II towards the end of 2008; encourages the Commission to continue to work intensively with candidate and potential candidate countries so that those countries become able in the near future to manage funds in a decentralised manner and thus get full access to all IPA components; points out, however, that the conferral of management powers is conditional and subject to their effective exercise;

9.  Emphasises that the use of the IPA is a shared responsibility between the Commission and the national governments of the candidate and potential candidate countries; calls on the Commission to improve the cooperation and communication between its delegations and the respective authorities, to establish permanent control over the project implementation procedures and to work towards common measures for improving the administrative capacity of beneficiary countries;

10.  Stresses the need for transparent and effective IPA management and control, taking into account the specificities of each country's internal audit and control systems as well as best practices in the pre-accession procedures of former candidate countries;

11.  Expects the Commission to report every year to Parliament and its responsible Committee on Budgetary Control on payments and implementation of IPA funds, as well as on the remaining funds from ISPA, IPARD and SAPARD, giving details for every recipient country and examples of best practice, and reporting on all problems or irregularities encountered;

12.  Notes that horizontal issues, such as environmental impact assessment, good governance, civil society involvement, equal opportunities and non-discrimination, are not sufficiently present and visible in the 2007 IPA projects; invites the Commission to develop, in particular, multi-beneficiary regional or horizontal programmes, notably on the fight against corruption and organised crime, intercultural dialogue and gender equality;

13.  Notes that limited funds are allocated for large geographic areas or comprehensive policy areas and that these funds are fragmented into many small projects rather than concentrated in fewer, more visible projects; points out that the annual national programmes should strike a balance between providing an adequate response to the key priorities identified in the progress reports and avoiding over-fragmentation of the funds;

Policy and country-specific observations

14.  Highlights the need, as a matter of the utmost importance and urgency, to use the IPA to strengthen in all beneficiary countries the fight against corruption and organised crime with a special focus on money laundering, illegal migration and human trafficking; notes that, although all 2008 progress reports identified corruption as a serious problem and a key priority, not all 2007 IPA programmes take corruption sufficiently into account; suggests that funds should be earmarked for this purpose, as in the cases of Croatia(15) and Montenegro(16), and calls on the Commission to develop a more coherent strategy in this context, building upon the lessons learnt from the last enlargement rounds;

15.  Notes that civil society organisations (CSOs) in the beneficiary countries should be more actively involved in the development and initiation of projects; points out that future IPA programmes should tackle the systematic donor dependency of CSOs, so as to avoid the existence of CSOs "on demand", and should also address the development of some of the CSOs along ethno-political conflict lines, especially in Bosnia and Herzegovina, the former Yugoslav Republic of Macedonia and Kosovo(17); expects the new Civil Society Facility to tackle many of the problems with regard to the diversity, complexity and fragmentation of EU programmes;

16.  Insists that constant support for CSOs in candidate and potential candidate countries is needed in order to create a competitive environment among them and to ensure sustainability in their work for results-oriented IPA implementation and continued activeness in project management;

17.  Notes that IPA-funded projects and activities score low in terms of EU visibility "on the ground" and have not generated "bottom-up" legitimacy for further EU rapprochement;

18.  Considers that education and youth employment as preconditions for long-term stability and development have not been adequately addressed; highlights the need to combat unemployment, especially youth and long-term unemployment, as a cross-cutting issue of great importance; suggests in this regard that the Commission should examine the possibility of making greater use of the flexibility provided for in the IPA so as to allow funding, where appropriate, of measures related to components III to V through the first two components;

19.  Notes that regional financial support under the IPA is relatively small in size (approximately 10% of the total IPA), given in particular that it covers eleven intervention areas in six countries, from education and youth to nuclear safety;

20.  Is concerned that the total 2007 IPA allocations for Component II amounted to only EUR 38 800 000 out of a total IPA of EUR 497 200 000 (that is, less than 8 %); points out that this contradicts the Commission's assertion that cross-border cooperation helps reconciliation and good neighbourly relations and is particularly relevant in a region with a recent history of conflict; regrets that effective cooperation has been difficult to establish, in practice, for a number of reasons, including mismatches of structures and procedures between some partners, as well as political difficulties; calls on the beneficiary countries and the Commission, under this component, to pursue further existing cooperation and to develop new cooperation, in line with the objective of fostering good neighbourly relations and promoting economic integration, especially in the fields of the environment, the natural and cultural heritage and the fight against corruption and organised crime;

21.  Is also concerned that no 2007 IPA programme submitted by the beneficiary countries directly addressed women's rights or gender equality, although gender issues have been identified as a major challenge both in progress reports and MIPDs; once again calls on the Commission to provide pre-accession funds for strengthening women's rights in the Balkans, in particular through women's NGOs and women's organisations; invites the Commission to earmark IPA funds accordingly, so as to promote gender budgeting in pre-accession policy and to encourage the beneficiary countries to submit relevant project proposals;

22.  Emphasises the need to involve more and more non-governmental organisations in the design and implementation of IPA-funded projects so as to ensure that IPA assistance reflects real needs and expectations, to contribute to a greater visibility of IPA projects and to promote the development of a lively and proactive civil society in the beneficiary countries;

23.  Invites the European Court of Auditors to submit by the end of 2010 a mid-term special evaluation report on the implementation of the IPA;

o
o   o

24.  Instructs its President to forward this resolution to the Council, the Commission and the European Court of Auditors, as well as to the governments, parliaments and national audit institutions of the beneficiary countries under the IPA.

(1) OJ L 210, 31.7.2006, p. 82.
(2) OJ L 170, 29.6.2007, p. 1.
(3) OJ C 311, 5.12.2008, p. 42.
(4) OJ C 285, 27.11.2007, p. 1.
(5) 31.3.2008, http://ec.europa.eu/atwork/synthesis/aar/doc/elarg_aar.pdf.
(6) Texts adopted, P6_TA(2008)0363.
(7) Texts adopted, P6_TA(2008)0120.
(8) Texts adopted, P6_TA(2008)0172.
(9) Texts adopted, P6_TA(2008)0224.
(10) Texts adopted, P6_TA(2009)0005.
(11) Texts adopted, P6_TA(2008)0582.
(12) Under United Nations Security Council Resolution 1244(1999).
(13) http://www.europarl.europa.eu/activities/committees/publicationsCom.do?language=EN&body=CONT.
(14) OJ L 248, 16.9.2002, p. 1.
(15) Project 2007/019-247: Improving Anti-Corruption Inter-Agency Cooperation, a EUR 2 500 000 project for strengthening the coordination body within the Ministry of Justice in charge of anti-corruption strategy and raising public awareness of corruption issues.
(16) Project 2007/19300: Fight against organised crime and corruption. This project aims to combat organised crime and corruption by improving the performance and cooperation of the various law enforcement agencies involved. It is linked to the wider Government Anti-Corruption Strategy and Action Plan. EUR 3 000 000 have been earmarked for this project.
(17) Under UN Security Council Resolution 1244(1999).


Effective enforcement of judgments in the EU: the transparency of debtors" assets
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European Parliament resolution of 22 April 2009 on the effective enforcement of judgments in the European Union: the transparency of debtors" assets (2008/2233(INI))
P6_TA(2009)0238A6-0252/2009

The European Parliament,

–   having regard to Article 65 of the EC Treaty,

–   having regard to the Commission's GreenPaper of 6 March 2008 on the effective enforcement of judgments in the European Union: the transparency of debtors" assets (COM(2008)0128),

–   having regard to the Commission's Green Paper of 24 October 2006 on improving the efficiency of the enforcement of judgments in the European Union: the attachment of bank accounts (COM(2006)0618) and Parliament's resolution of 25 October 2007 thereon(1),

–   having regard to its resolution of 18 December 2008 with recommendations to the Commission on e-Justice(2),

–   having regard to the opinion of the European Economic and Social Committee of 3 December 2008,

–   having regard to the opinion of the European Data Protection Supervisor of 22 September 2008,

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

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0252/2009),

A.   whereas, in accordance with the principles of subsidiarity and proportionality, the adoption of a Community instrument in the field of judicial cooperation in civil matters having cross-border implications can be considered only if it can be shown that on a national level it is impossible to remove an obstacle preventing the establishment or the functioning of the internal market,

B.   whereas late payment and non-payment of debts jeopardise the interests of businesses and consumers, especially where the creditor and the enforcement authorities have no information about the debtor's whereabouts or his or her assets; whereas this is exacerbated by the present economic climate, in which cash-flow is essential to the survival of businesses,

C.   whereas the problems of cross-border debt recovery may constitute a serious obstacle to the free circulation of payment orders within the EU and may impede access to justice; whereas, moreover, if judicial decisions cannot be enforced, the doing of justice is undermined together with standards of commercial morality,

D.   whereas, in general, debt recovery is a major problem, which is made worse where claims are of a cross-border nature, particularly for small businesses which do not have specialised lawyers or dedicated debt-collection departments at their disposal and are often placed in the invidious position of having to commit staff, scarce financial resources and, above all, time to this problem rather than to productive activities,

E.   whereas there are indications that the Late Payments Directive(3) is not sufficiently respected or known about; whereas if that Directive were now updated and properly implemented it could have a considerable impact in reducing late payment or non-payment,

F.   whereas there are huge divergences under the different systems of national contract and insolvency law as to how creditors may secure their debt at the point of contract, particularly by the use of retention-of-title clauses or other such mechanisms which are sometimes circumvented because of those divergences,

G.   whereas the adoption of Community legislation concerning the effective enforcement of judgments must apply to all debtors, without any distinction being made in advance between debtors acting in good or in bad faith,

H.   whereas the avoidance, late payment and non-payment of debts is often exacerbated by insufficient care by the parties at the time of their pre-contractual and contractual dealings; whereas there is a need for greater emphasis on commercial awareness and the possible use of "European-style" optional clauses under the Common Frame of Reference (CFR) which would ensure that parties properly consider these issues at the beginning of their commercial relationship,

I.   whereas it has been brought to Parliament's attention thatthere may be a serious problem in cross-bordercases involving recalcitrant debtors, that is to say, persons who could pay their debts or discharge their liabilities but who do not do so or persons in respect of whom there is a risk that they will not pay what they owe even if judgment has been given against them; whereas it appears that such persons often hold substantial assets in different entities, nominees and trusts and successful enforcement cannot be obtained without the requisite information; whereas it is often necessary to obtain such information without alerting the recalcitrant debtor – who will often be in a position to remove assets to another jurisdiction at short notice,

J.   whereas it has further been brought to Parliament's notice that certain sovereign States do not honour arbitration awards or judgments handed down by the courts of another State, with the result that "vulture funds" have emerged which acquire this sovereign debt at a much reduced figure and then seek to make a profit from enforcement; whereas it might arguably be better and fairer to give the original creditors the means to obtain redress themselves,

K.   whereas it is argued that there are few States which have no assets at all outside their own borders and that, if the creditor has no prospect of obtaining enforcement in his or her own Member State (only) or in the State concerned, then the only effective redress is through courts abroad, particularly the courts in other Member States of the EU,

L.   whereas under the Brussels I Regulation(4) each Member State has its own provisional measures shaped and governed by its national law and ex parte orders are not the subject of mutual recognition and enforcement under that Regulation; whereas inter partes orders are given effect to by a recipient court with the nearest equivalent relief available from that court,

M.   whereas provisional measures include:(i) orders for disclosure of information about assets which may be made the subject of measures of execution of a judgment and (ii) orders preserving assets pending enforcement, and (iii) can also take the form of an interim payment order, giving the creditor immediate payment pending resolution of the underlying dispute,

N.   whereas the grant of provisional measures should be subject to conditions similar to those applied by the Court of Justice, namely the creditor would have to persuade the court that he has a justifiable claim on the merits (an enforceable right in the shape of a court order or authentic instrument or evidence of the claim making out a prima facie case – fumus boni juris), and to demonstrate urgency (a real risk that enforcement of the claim may be frustrated if the measure is not granted (periculum in mora)), and whereas the grant of such measures may be made subject to the lodging of security,

O.   whereas in small-scale cases, particularly where legal costs could otherwise be prohibitive, justice delayed is justice denied and whereas, in larger-scale cases, it can be the absence of information about assets which proves to be the greatest obstacle; whereas, therefore, recourse to provisional measures orders might well provide a neat solution in both types of cases,

P.   whereas, moreover, any Community action to make information available needs also to be considered in the context of these types of cases, in which lack of information causes serious injustice; whereas, unless there is information available to the creditor about the assets of a debtor (and a fortiori a recalcitrant debtor) which may be taken in enforcement of a judgment, the creditor will not be able to enforce it,

Q.   whereas, in practice, this problem is not confined to cases where there has already been a judgment which has not been honoured: it may also arise before claimants bring their claims,

R.   whereas, however, it is absolutely essential that any measures proposed should be proportionate; whereas, moreover, they should not merely replicate what can already be achieved through existing national measures and should be confined to cross-border claims, and unnecessary and inappropriate harmonisation should be avoided,

S.   whereas some concern has been expressed that certain of the ideas on the effective enforcement of judgments in the European Union through the transparency of debtors' assetscould violate fundamental rights, including the right to privacy (data protection), undermine procedural safeguards and run counter to the constitutional traditions of many Member States,

T.   whereas any proposals made must be cost-effective and integrated into other areas of Community policy in order to avoid unnecessary duplication of effort,

1.  Welcomes the above-mentioned Commission Green Paper of 6 March 2008, because it contributes to the Lisbon Strategy;

2.  States that the lack of transparency in the information required to oblige debtors to fulfil their obligations is contrary to common principles of good faith and pecuniary liability; insists that inadequate knowledge of the national laws on enforcement procedures or their ineffectiveness is likely to slow down completion of a unified internal market and leads to unnecessary costs;

3.  Points out that late payment, non-payment and the problem of debt recovery damage the interests of creditor businesses and consumers, reduce confidence in the internal market and undermine legal action;

4.  Supports an integrated and effective strategy based on the principles of "better lawmaking", and considers that the objective to be achieved should be payment that ensures non-discrimination, the protection of sensitive data and legal guarantees with proportionate measures that provide the requisite transparency and significantly reduce processing and management costs;

5.  Insists that, besides publicly available information, the creditor should have access to the data required – subject to supervision by, or with the assistance of, a competent authority – in order to initiate the enforcement procedure and recover the debt by procedures readily applicable throughout the internal market;

6.  Agrees with the Commission that cross-border debt recovery through enforcement of judicial decisions is a major internal market problem, but considers that the solutions mooted by the Commission need further work in order adequately to address the most difficult problem, that of recalcitrant debtors;

The proposal to draw up a manual of national enforcement laws and practices

7.  Observes that such a manual might be laborious and expensive to produce and update, that, for individuals seeking redress, it might be easier to have one regime to deal with, and that in the majority of cases creditors will have to seek advice from lawyers in the relevant foreign jurisdiction; considers that, nevertheless, a streamlined version may be useful in the absence of a workable cross-border regime;

8.  Strongly believes that the publication of national directories of foreign lawyers exercising their internal market rights under Directives 77/249/EEC(5) and 98/5/EC(6) would be useful; points out that such national directories could be linked to a Commission website and could be complementary to the manual;

Increasing the information available in, and improving access to, public registers

9.  Is opposed to providing unjustified, indiscriminate and arbitrary access to all kinds of data held on population, social security and tax registers, and in favour of an adequate and proportionate framework designed to ensure the effective enforcement of judgments in the European Union;

10.  Argues that access to population registers (where they exist) might be useful for tracing hapless private individuals who default on maintenance payments or personal loans, and for avoiding abuses;

11.  Considers that, whilst improved access to social security and tax registers has been a successful innovation in certain jurisdictions, it is necessary also to ensure observance of the rules on data protection and confidentiality; points out that this is a sensitive matter to the public; notes, moreover, that there may well be legal problems in using information for a purpose other than the purpose for which it was collected;

12.  Observes, in addition, that tax returns and social security records are confidential in many Member States and that the idea of a register, with all the risks which it entails of records going astray, would not be welcomed there and would be regarded as an abuse of executive power;

13.  Maintains that, if the proposal were disproportionate to the end sought, it could be open to abuse and could constitute a violation of the right to privacy;

Exchange of information between enforcement authorities

14.  Considers that the idea of improved cooperation between public enforcement bodies may be worth exploring further, but points out that such bodies do not exist in all the Member States;

The debtor's declaration

15.  Takes the view that a debtor's declaration can usefully form part of the procedure for enforcing a judgment, where it can be backed by sanctions under national law;

16.  Considers that there is no need for Community action in this area, as long as it is not proved that the Member States' existing instruments are not efficient;

Other measures

17.  Suggests that consideration could be given to the idea of introducing a form of Community provisional measure additional to those of national courts; considers that this could take the form of a simple, flexible procedure to which effect could be given throughout the EU, thereby avoiding delay and unnecessary expense; takes the view that it would also be effective and fair to non-parties;

18.  Proposes that such a measure could apply to arbitration claims as well and could also be taken into account in the context of the forthcoming review of the Brussels I Regulation;

19.  Calls on the Commission to treat this matter as a priority and to carry out (a) a detailed appraisal of the problem, (b) a feasibility study of possible Community instruments and (c) an impact assessment of possible Community-law remedies confined to trans-border aspects; considers that the Commission's inquiry should also identify and duly justify the proper legal basis for any Community instrument proposed, which should be limited to cross-border cases and be complementary to and not interfere with the application of purely national remedies in this area;

20.  Urges the Commission fully to consider pre-contractual and contractual measures that could be linked with the development of the CFR and any optional instrument deriving therefrom, so as to ensure that parties to European cross-border contracts consider issues of late payment and non-payment when contracting;

21.  Eagerly anticipates the review of the Late Payments Directive and urges the Commission to proceed with this as quickly as possible, given the current economic climate;

22.  Suggests that a study should be carried out of the divergent national legal approaches to retention of title and other similar mechanisms, with a view to ensuring their mutual recognition;

23.  Suggests that a party who has acquired proprietary rights recognised in a court judgment should be able to enforce those rights under the same conditions as the transferor;

o
o   o

24.  Instructs its President to forward this resolution to the Council, the Commission and the parliaments of the Member States.

(1) OJ C 263 E, 16.10.2008, p. 655.
(2) Texts adopted, P6_TA(2008)0637.
(3) Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions (OJ L 200, 8.8.2000, p. 35).
(4) Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, 16.1.2001, p. 1).
(5) Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services(OJ L 78, 26.3.1977, p. 17).
(6) Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36).


Annual report on the deliberations of the Petitions Committee 2008
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European Parliament resolution of 22 April 2009 on the deliberations of the Committee on Petitions during the year 2008 (2008/2301(INI))
P6_TA(2009)0239A6-0232/2009

The European Parliament,

–   having regard to its previous resolutions on the deliberations of the Committee on Petitions,

–   having regard to the results of the fact-finding missions undertaken by the Commission in 2008 to Romania, Bulgaria, and France and the corresponding reports and recommendations approved by the Committee,

–   having regard to Articles 21 and 194 of the EC Treaty, which confer on all EU citizens and residents the right to petition the European Parliament,

–   having regard to Rules 45 and 192(6) of its Rules of Procedure,

–   having regard to the report of the Committee on Petitions (A6-0232/2009),

A.   recognising the importance of the petitions process and its specific attributes, which enable the responsible committee to seek solutions and explanations for EU citizens who petition Parliament,

B.   having regard to the growing number of EU citizens who petition Parliament, together with the efforts by the Committee on Petitions to further expedite its procedures in order to provide a better service for citizens seeking its assistance,

C.   whereas several of the recommendations adopted in the 2007 Annual Report are yet to be implemented by Parliament's authorities, such as the request for an urgent improvement of the administrative resources, including linguistic and legal expertise, of its Committee on Petitions in order to increase Parliament's capacity to conduct independent investigations of petitions addressed to it, and, for instance, closer cooperation with SOLVIT in the field of petitions and complaints regarding the internal market, and the establishment of a common EU portal for European citizens,

D.   mindful of the fact that, in spite of considerable progress in the development of the structures and policies of the Union during this period, citizens remain directly aware of many shortcomings in the application of the policies and programmes of the Union as they affect them directly, and whereas these are frequently the subject of petitions received,

E.   whereas the institution of the 'Citizens' Initiative' under the Treaty of Lisbon will result in even greater public participation in the activities and work of the European Union,

F.   whereas, consequently, Parliament has a responsibility to ensure better application of Community law by the individual Member States in the interests of EU citizens and residents, and thus to work in cooperation with Member States to achieve this objective,

G.   whereas, however, many Member States remain reluctant to cooperate actively with the responsible committee, in particular by failing to attend meetings of the committee, and whereas this denotes a lack of loyal cooperation with the institution,

H.   whereas failure to cooperate actively and in a timely manner with the work of the responsible committee in the interest of the correct application of Community law raises doubts about the desire and intentof the Member State concerned to correctly apply EU policies and objectives and therefore exposes the authorities to measures in the form of sanctions and penalties which are available under the terms of the Treaties as well as to public criticism,

I.   recognising, however, that many Member States demonstrate a good level of cooperation and work with Parliament in an effort to respond to the concerns of citizens as expressed through the petitions process,

J.   recognising the constructive contribution made to the petitions process by the services of the Commission, which regularly provide, at the request of the responsible committee, preliminary assessments of many petitions received,

K.   whereas such cooperation could and should be further enhanced, notably as regards procedures pursuant to Articles 226 and 228 of the EC Treaty in duly justified cases,

L.   whereas Parliament has considered that it would be legitimate for it to make use of its powers under Article 230 of the EC Treaty, if this proved necessary in order to put an end to a serious infringement of Community law which has been revealed in the course of examination of a petition and where a significant difference of interpretation persists, despite efforts to resolve it, between Parliament and the Commission, as regards the action required under Community law for the protection of citizens' rights in the case concerned,

M.   whereas the infringement procedure does not provide a remedy for petitioners even when a Member State is obliged by the Court of Justice to modify its legislation so as to bring it into conformity with EU legislative acts,

N.   whereas the inability to provide a non-judicial remedy directly to EU citizens who have been or have become victims of the lack of proper application of EU law constitutes a basic injustice which requires further consideration by the EU institutions, and in particular by Parliament,

O.   whereas, under Article 230 of the EC Treaty, Parliament has the right to bring actions before the Court of Justice under the same conditions as the Council and the Commission and whereas, pursuant to Article 201 of the EC Treaty, Parliament is empowered to exercise control over the activities of the Commission and thus has at its disposal both the legal and the political instruments to respond more effectively to citizens' legitimate concerns,

P.   whereas Parliament should review its own procedures in order to facilitate actions, notably under Rule 121 of its Rules of Procedure, before the Court of Justice when the rights of petitioners are at stake,

Q.   whereas it should be recalled that, pursuant to Article 6 of the EU Treaty, the Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which also constitute a basic element of the Copenhagen criteria for accession to the EU, and whereas Article 7 of the EU Treaty lays down specific procedures which can be initiated for serious and persistent breaches of the principles mentioned, or a clear risk thereof,

R.   mindful of the motions for resolutions submitted to plenary in 2008 and adopted by an overwhelming majority of Members, pursuant to Rule 192(1) of Parliament's Rules of Procedure on the basis of petitions received concerning the impact of the Nord Stream gas pipeline under the Baltic Sea and concerning misleading directory companies,

S.   whereas increased concerns over energy supply security have resulted in projects for pipelines for natural gas and liquefied natural gas which, especially when they are rushed through without proper evaluation of the risks and alternatives, have raised petitioners' concerns over the lack of consideration given to potentially serious risks to the environment and human health and safety in respect of, notably, projects in the Baltic Sea, Wales and Ireland,

T.   whereas it is evident from the examination of petitions that the lists of projects mentioned in the Annexes to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment(1), as amended, do not cover a number of important installations and activities which have emerged since the latest amendments to those Annexes, such as re-gasification plants and bio-diesel plants,

U.   whereas the many petitions presented in relation to the Natura 2000 network have continued to show that ending loss of biodiversity constitutes a major challenge for the Union and that the Habitats Directive(2) and the Birds Directive(3) constitute basic and indispensable tools for fulfilling the EU's commitment to end biodiversity loss by 2010,

V.   whereas the examination of petitions has also shown that the lack of sufficient sources of fresh water is frequently aggravated by other factors such as growing demand for water due to excessive urbanisation and leisure projects, inadequate maintenance of infrastructure and prevention of leakage, intensive use of water by industrial agriculture and a pricing policy which does not encourage the sustainable use of water,

W.   mindful of the recommendations made by the Committee on Petitions following visits to Fos-sur-Mer, Cyprus and Romania,

X..   bearing in mind the concern expressed by the Committee on Petitions in relation to certain infrastructure projects in the Rila Mountains in Bulgaria, observed during a fact-finding visit in 2008,

Y.   whereas although Ann Abraham, the UK Parliamentary and Health Service Ombudsman, addressed the Committee on Petitions in December 2008 and presented it with her findings, which took her four years to complete, the subsequent response by the UK Government in January 2009, involving possible ex gratia payments to those disproportionately affected, cannot be regarded as a proper remedy for the many victims of the debacle,

Z.   recognising the positive and constructive cooperation with the European Ombudsman in 2008, the support provided by the Committee on Petitions for the recommendations contained in his Annual Report for 2007 and his Special Reports on complaints 1487/2005/ and 3453/2005/ respectively concerning the use of languages by the Council and the Commission's application of the infringement procedure, and welcoming the modifications to his Statute approved by Parliament,

AA.  whereas in 2008 the Committee on Petitions received 1 886 petitions, of which 1 065 were declared admissible and 821 were declared inadmissible; whereas the number of petitions that do not meet the conditions of Rule 191(1) of the Rules of Procedure has significantly risen since the beginning of 2007,

1.  Welcomes the involvement and contribution of petitioners at each meeting of the Committee on Petitions, which allows for a direct and open dialogue with European Parliament representatives and continues to encourage individual EU citizens and community associations to come forward with issues which concern the area of activity of the European Union and which affect them directly, believing that this process enables Parliament as an institution to play a significant role in monitoring the application of Community law by the Member States and to better defend and promote the fundamental rights of all EU citizens as defined in the EU Treaty;

2.  Urges national and regional parliaments, as representatives ofEU citizens, to remain vigilant in relation to the way in which Member States apply the Treaties and EU legislative acts, notably as regards issues related to the environment, social and employment rights, the free movement of persons, goods and services, financial services, citizens' fundamental rights including their right to legitimately acquired property, recognition of their professional qualifications and all forms of discrimination, and calls on the EU institutions to communicate effectively with the citizens so that they are aware of their rights and of the duties of the national and local institutions;

3.  Emphasises that, in accordance with the principle of subsidiarity, Parliament cannot regard as admissible petitions which seek to appeal against decisions of competent authorities or judicial bodies of Member States and that information to that effect must be communicated in a clear and understandable way to the petitioners; emphasises, moreover, that complaints must fulfil the conditions of Rule 191(1) of Parliament's Rules of Procedure before they can be declared admissible;

4.  Calls for those recommendations adopted in the 2007 Annual Report which have not yet been implemented to be implemented within a reasonable timeframe;

5.  Calls on the Commission, all Member States and their national, regional and local institutions, together with their Permanent Representatives, to cooperate fully with the responsible committee of the European Parliament when investigating allegations or proposals contained in petitions, on a loyal and constructive basis, with a view to finding solutions to issues raised through the petitions process;

6.  Requests that a full review of possible procedures to ensure remedial action for EU citizens be conducted by the responsible bodies in the European Parliament, the Commission and Council, and that a new interinstitutional agreement incorporating reinforced powers for committees of inquiry be negotiated in order to further strengthen the rights of EU citizens;

7.  Believes that such a review would complement any eventual implementation of the Lisbon Treaty by providing additional safeguards based on the declared rights and obligations of EU citizens and EU institutions;

8.  Recalls that, as emphasised by Parliament in its resolution of 20 April 2004 on the Commission communication on Article 7 of the Treaty on European Union(4), respect for and promotion of the values on which the Union is founded and defence of democracy, the rule of law and fundamental rights are a particular responsibility for Parliament as the directly elected representative of European citizens, and further recalls that Parliament expressed the view in that resolution that "ignoring the possible need for penalties must create the impression that the Union is not prepared or is not in a position to use all the means at its disposal to defend its values";

9.  Calls on the Commission, once again, to ensure that greater recognition is given to, and greater emphasis placed on, the petitions process, notably as regards application of the infringement procedures and the requirement to inform the Committee on Petitions directly and officially when decisions are taken to initiate proceedings under Articles 226 and/or 228 which are related to the issues raised in individual petitions;

10.  Recalls that Parliament has considered that allegations of serious infringements of Community law which the Committee on Petitions has deemed well founded in the course of the examination of petitions but which the Member State concerned refuses to admit, and which are likely to set a precedent at the national level, should ultimately be examined by the Court of Justice in order to ensure the consistency and coherence of Community law and the reality of the internal market(5);

11.  Acknowledges that infringement proceedings, even where successful, may not result in any immediate remedy regarding the specific concern raised by individual petitioners, and that this frequently undermines public confidence in the ability of the EU institutions to meet their expectations;

12.  Takes the view that, as there are clear indications that the objective of ending biodiversity loss in the EU by 2010 cannot be achieved, urgent action must be taken in order to render the application of the Habitats and Birds Directives more effective, and calls on the Commission to do its utmost to ensure that those directives are applied by the Member States in a manner which is consistent with this objective;

13.  Calls for the Commission, in cooperation with Parliament, to promote to Member States the importance of forward thinking – especially in the area of planning approval – in helping to prevent potential breaches of provisions of Community law that have been adopted but are not yet in force;

14.  Recognises that, sometimes, it is impossible to find solutions to the complaints raised by petitioners, on account of weaknesses in the applicable Community legislation itself;

15.  Is concerned by the large number of petitions received by the Committee on Petitions seeking voting rights for resident "non"-citizens of Latvia in local elections; recalls that the United Nations (UN) Human Rights Committee, the UN Committee on the Elimination of Racial Discrimination, the Parliamentary Assembly of the Council of Europe, the Congress of Local and Regional Authorities of the Council of Europe, the Commissioner for Human Rights of the Council of Europe, the European Commission against Racism and Intolerance and the Parliamentary Assembly of the Organization for Security and Co-operation in Europe have recommended that non-citizens should be permitted to participate in local elections; urges the European Commission to closely monitor and encourage the regularisation of the status of "non"-citizens in Latvia, many of whom were born in Latvia;

16.  Notes that many petitions received by Parliament from individuals and associations largely concern matters which do not constitute an infringement of Community law and which should therefore be resolved by exhausting all legal avenues of redress existing in the Member States concerned; further notes that, once all appropriate action has been taken at national level, the appropriate appellate body is the European Court of Human Rights;

17.  Notes that the "one-seat petition" signed by 1 500 000 people, which seeks to have the European Parliament meet in one location, has not yet been fully addressed; recommends that the Committee on Petitions deal with this matter as a priority during the next parliamentary term;

18.  Therefore calls on responsible legislative committees to bear in mind proposals or suggestions which may from time to time be made by the Committee on Petitions regarding the application by Member States of specific EU legislation, with a view to possible revision or further investigation;

19.  Recalls Parliament's request to the Commission to step up its monitoring of the implementation of Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising(6) with regard to misleading business-directory companies and to report to Parliament on the feasibility and possible consequences of extending the scope of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market(7), specifically by replacing the word 'consumer' by the words 'target of the practice';

20.  Endorses the Ombudsman's call to the Council to expand the language options of the websites of its Presidencies to include the most widely spoken languages of the European Union, with the aim of ensuring that citizens have direct access to the activities of the Council's Presidencies; refers in this respect to the French Council Presidency, which published its official website in compliance with the Ombudsman's recommendations;

  21 Endorses the Ombudsman's call to the Commission, with reference to the implementation of the Working Time Directive(8), to handle complaints by citizens in conformity with principles of good administration in the field of the Commission's discretionary powers regarding the opening of infringement procedures;

22.  Welcomes the constructive cooperation between the Ombudsman and the EU within the appropriate institutional framework; endorses the Ombudsman's repeated calls for the adoption of a Code of Good Administrative Behaviour, common to all EU institutions and bodies, as approved by Parliament in its resolution of 6 September 2001 on the European Ombudsman's Special Report to the European Parliament following the own-initiative inquiry into the existence and the public accessibility, in the different Community institutions and bodies, of a Code of Good Administrative Behaviour(9); is of the view that the Ombudsman, the Commission and Parliament should develop a common EU portal for the treatment of complaints addressed to the EU institutions;

23.  Urges the implementation by all parties of UN Security Council Resolution 550 (1984) on the Cyprus issue, which would lead to the full restoration of property to its legitimate owners in Varosha; suggests that, in the event that there are no visible results by the end of 2009, the committee responsible might consider bringing the issue of the Famagusta petitioners to plenary;

24.  Calls on the Romanian authorities to adopt measures to conserve and safeguard Romania's cultural and architectural heritage, pursuant to Article 151 of the EC Treaty, as called for in Parliament's Declaration of 11 October 2007 on the need for measures to protect the Roman Catholic Cathedral of St Joseph in Bucharest, Romania, an endangered historical and architectural monument(10); with reference to the problems concerning restitution of property confiscated under the Communist regime, points out that, under Article 295 of the EC Treaty, property ownership is a matter of national competence;

25.  Requests the French authorities to prepare an epidemiological assessment to determine the impact on the area close to Fos-Berre, in the immediate vicinity of the incinerator plant under construction at Fos-sur-Mer; recognises that Council Directive 1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air(11) does not prohibit the construction of an incinerator in an area already affected by atmospheric pollution, but points out that, under Directive 1999/30/EC and Council Directive 96/62/EC of 27 September 1996 on ambient air quality assessment and management(12), measures are to be taken to ensure compliance with European standards on atmospheric pollution;

26.  Recalls the recommendations contained in the 2007 Annual Report of the Committee on Petitions with a view to reviewing the administrative procedures for the treatment of petitions, such as, for instance, the transfer of the registration of petitions to the Petitions Committee secretariat, close cooperation with SOLVIT, further enhancement of the petitions database, the development of an EU portal for European citizens, etc; welcomes the drafting by Members of a Code of Good Practice for the treatment of petitions, which would come into force at the beginning of the next parliamentary term;

27.  Instructs its President to forward this resolution, and the report of the Committee on Petitions, to the Council, the Commission, the European Ombudsman, the governments and parliaments of the Member States, their committees on petitions and their national ombudsmen or similar competent bodies.

(1) OJ L 175, 5.7.1985, p. 40.
(2) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
(3) Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (OJ L 103, 25.4.1979, p. 1).
(4) OJ C 104 E, 30.4.2004, p. 408.
(5) See Parliament's resolution of 9 March 2005 on the deliberations of the Committee on Petitions during the parliamentary year 2003-2004 (OJ C 320 E, 15.12.2005, p. 161).
(6) OJ L 376, 27.12.2006, p. 21.
(7) OJ L 149, 11.6.2005, p. 22.
(8) Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ L 307, 13.12.1993, p. 18).
(9) OJ C 72 E, 21.3.2002, p. 331.
(10) OJ C 227 E, 4.9.2008, p. 162.
(11) OJ L 163, 29.6.1999, p. 41.
(12) OJ L 296, 21.11.1996, p. 55.


Gender mainstreaming in the work of committees and delegations
PDF 118kWORD 38k
European Parliament resolution of 22 April 2009 on gender mainstreaming in the work of its committees and delegations (2008/2245(INI))
P6_TA(2009)0240A6-0198/2009

The European Parliament,

–   having regard to Articles 2, 3(2), 13 and 141(4) of the EC Treaty,

–   having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, the revised European Social Charter and the case-law of the European Court of Human Rights,

–   having regard to the work of the Council of Europe's Directorate-General of Human Rights and Legal Affairs, and in particular the Council of Europe's steering committee for equality between women and men,

–   having regard to Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC 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(1),

–   having regard to its resolution of 13 March 2003 on gender mainstreaming in the European Parliament(2),

–   having regard to its resolution of 18 January 2007 on gender mainstreaming in the work of the committees(3),

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

–   having regard to the report of the Committee on Women's Rights and Gender Equality (A6-0198/2009),

A.   whereas equality between men and women is a fundamental principle of Community law and whereas, in accordance with Article 2 of the Treaty, its promotion is one of the tasks of the Community,

B.   whereas Article 3(2) of the Treaty lays down the principle of gender mainstreaming by stating that, in all its activities, the Community should aim to eliminate inequalities and to promote equality between men and women,

C.   having regard to the steady increase in the percentage of female Members of the European Parliament from 17,5 % in 1979 to 31,08 % in 2009,

D.   having regard to the low proportion of female Members in top positions in Parliament bodies (for example, chairs or members of the bureaux of committees or delegations),

E.   whereas women are over-represented in Parliament's Directorates-General for Internal Policies and External Policies, where they account for 66.5% and 66% of staff respectively; noting, however, the major progress achieved over the last few years in the Directorate-General for Internal Policies, as evidenced by the 2007 Equality – Good Practices Award for the creation of a working environment conducive to equality and gender mainstreaming, together with a major increase in the percentage of women in senior administrative posts (for example, in 2005 the percentage of female heads of unit rose from 5% to 30%),

F.   whereas the majority of parliamentary committees generally attach importance to gender mainstreaming (for example in the context of their legislative activity, their institutional relations with the Committee on Women's Rights and Gender Equality, the drawing up of a programme of action for equality, etc.), although a minority of committees rarely or never take an interest in the matter,

G.   whereas in practice the network for gender mainstreaming in parliamentary committees, consisting of MEPs and staff, has not yet achieved the desired results,

H.   whereas the High-Level Group on Gender Equality and Diversity has proposed that a similar network should be established in the interparliamentary delegations for the purpose of gender mainstreaming in the context of EU external relations,

1.  Stresses that the call for gender equality must be translated into a practical approach which does not set women against men;

2.  Stresses that gender mainstreaming is a positive development for both women and men;

3.  Points out that gender mainstreaming involves the reorganisation, improvement, development and assessment of policies to ensure that an equal-opportunity approach is incorporated into all policies at all levels and at all stages by those normally involved in policy-making;

4.  Reiterates the need to adopt and apply a gender mainstreaming strategy incorporating specific targets in all Community policies which fall with the purview of parliamentary committees and delegations;

5.  Stresses the importance of the task of the High-Level Group on Gender Equality and Diversity and calls on it to continue to encourage and promote this process throughout Parliament, in its relations with the Commission, the Council and other institutions and in cooperation with them;

6.  Congratulates the parliamentary committees which have put gender mainstreaming into practice in their work, and calls on the other committees and delegations to do likewise;

7.  Calls for the strengthening of the gender mainstreaming network with regard to interparliamentary delegations and election observation missions;

8.  Encourages the Secretary-General to prioritise training in gender mainstreaming for officials working at every level in parliamentary committees and delegations; reiterates its call for all Members of Parliament to be provided with equal opportunity training from the beginning of the next Parliament;

9.  Continues to encourage networking amongst those officials working in parliamentary committee and interparliamentary delegation secretariats who, in the Directorates-General for Internal Policies and External Policies, are specially trained in gender mainstreaming, so as to ensure regular exchanges of best practice;

10.  Stresses the need for the parliamentary committees and delegations to have at their disposal appropriate means of gaining a sound understanding of gender mainstreaming, including indicators, data and statistics broken down by gender, and for budgetary resources to be allocated with an eye to ensuring equality between women and men;

11.  Stresses that the implementation of gender mainstreaming should take account of the specific features of each parliamentary committee or delegation; calls for the committees and delegations to play an active role in the regular assessments carried out under the auspices of the Committee on Women's Rights and Gender Equality on the basis of the questionnaire submitted to the chairs and vice-chairs responsible for gender mainstreaming, including any shortcomings in the work of the committees and delegations as well as the progress made in implementing gender mainstreaming in each committee;

12.  Stresses the importance for parliamentary committees and delegations of ensuring that their role and responsibilities in the field of gender mainstreaming are clearly defined;

13.  Stresses the importance of effective and coordinated cooperation by the High-Level Group on Gender Equality and Diversity with the gender mainstreaming network within the committees and interparliamentary delegations and with the Committee on Women's Rights and Gender Equality;

14.  Calls on the Secretary-General to continue to implement the integrated strategy for combining life in the family and at the workplace and to facilitate the career development of female employees;

15.  Urges the political groups to take account of gender equality objectives in selecting staff to fill senior posts;

16.  Calls on its Bureau to stress, in its dealings with the parliaments of the Member States, the positive example set by the High-Level Group on Gender Equality and Diversity;

17.  Instructs its President to forward this resolution to the Council, the Commission and the Council of Europe.

(1) OJ L 269, 5.10.2002, p. 15.
(2) OJ C 61 E, 10.3.2004, p. 384.
(3) OJ C 244 E, 18.10.2007, p. 225.


Internal market in electricity ***II
PDF 262kWORD 33k
Resolution
Text
European Parliament legislative resolution of 22 April 2009 on the Council common position for adopting a directive of the European Parliament and of the Council concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC (14539/2/2008 – C6-0024/2009 – 2007/0195(COD))
P6_TA(2009)0241A6-0216/2009

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (14539/2/2008 – C6-0024/2009),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2007)0528),

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

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

–   having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A6-0216/2009),

1.  Approves the common position as amended;

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

Position of the European Parliament adopted at first reading on 22 April 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC

P6_TC2-COD(2007)0195


(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Directive 2009/72/EC.)

(1) Texts adopted, 18.6.2008, P6_TA(2008)0294.


Agency for the Cooperation of Energy Regulators ***II
PDF 71kWORD 32k
Resolution
Text
European Parliament legislative resolution of 22 April 2009 on the Council common position for adopting a regulation of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators (14541/1/2008 – C6-0020/2009 – 2007/0197(COD))
P6_TA(2009)0242A6-0235/2009

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (14541/1/2008 – C6-0020/2009),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2007)0530),

–   having regard to the amended Commission proposal (COM(2008)0908),

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

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

–   having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A6-0235/2009),

1.  Approves the common position as amended;

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

Position of the European Parliament adopted at second reading on 22 April 2009 with a view to the adoption of Regulation (EC) No .../2009 of the European Parliament and of the Council establishing an Agency for the Cooperation of Energy Regulators

P6_TC2-COD(2007)0197


(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Regulation (EC) No 713/2009.)

(1) Texts adopted, 18.6.2008, P6_TA(2008)0296.


Access to the network: cross-border exchanges in electricity ***II
PDF 192kWORD 33k
Resolution
Text
European Parliament legislative resolution of 22 April 2009 on the Council common position for adopting a regulation of the European Parliament and of the Council on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (14546/2/2008 – C6-0022/2009 – 2007/0198(COD))
P6_TA(2009)0243A6-0213/2009

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (14546/2/2008 – C6-0022/2009),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2007)0531),

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

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

–   having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A6-0213/2009),

1.  Approves the common position as amended;

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

Position of the European Parliament adopted at second reading on 22 April 2009 with a view to the adoption of Regulation (EC) No .../2009 of the European Parliament and of the Council on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003

P6_TC2-COD(2007)0198


(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Regulation (EC) No 714/2009.)

(1) Texts adopted, 18.6.2008, P6_TA(2008)0295.


Internal market in natural gas ***II
PDF 189kWORD 83k
Resolution
Text
European Parliament legislative resolution of 22 April 2009 on the Council common position for adopting a directive of the European Parliament and of the Council concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC (14540/2/2008 – C6-0021/2009 – 2007/0196(COD))
P6_TA(2009)0244A6-0238/2009

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (14540/2/2008 – C6-0021/2009),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2007)0529),

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

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

–   having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A6-0238/2009),

1.  Approves the common position as amended;

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

Position of the European Parliament adopted at second reading on 22 April 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC

P6_TC2-COD(2007)0196


(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Directive 2009/73/EC.)

(1) Texts adopted, 9.7.2008, P6_TA(2008)0347.


Access to the natural gas transmission networks ***II
PDF 190kWORD 34k
Resolution
Text
European Parliament legislative resolution of 22 April 2009 on the Council common position for adopting a regulation of the European Parliament and of the Council on conditions for access to the natural gas transmission networks and repealing regulation (EC) No 1775/2005 (14548/2/2008 – C6-0023/2009 – 2007/0199(COD))
P6_TA(2009)0245A6-0237/2009

(Codecision procedure: second reading)

The European Parliament,

–   having regard to the Council common position (14548/2/2008 – C6-0023/2009),

–   having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2007)0532),

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

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

–   having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A6-0237/2009),

1.  Approves the common position as amended;

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

Position of the European Parliament adopted at second reading on 22 April 2009 with a view to the adoption of Regulation (EC) No .../2009 of the European Parliament and of the Council on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005

P6_TC2-COD(2007)0199


(As an agreement was reached between Parliament and Council, Parliament's position at second reading corresponds to the final legislative act, Regulation (EC) No 715/2009.)

(1) Texts adopted, 9.7.2008, P6_TA(2008)0346.


European public administration ISA: interoperability solutions ***I
PDF 190kWORD 31k
Resolution
Text
European Parliament legislative resolution of 22 April 2009 on the proposal for a decision of the European Parliament and of the Council on interoperability solutions for European public administrations (ISA) (COM(2008)0583 – C6-0337/2008 – 2008/0185(COD))
P6_TA(2009)0246A6-0136/2009

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0583),

–   having regard to Article 251(2) and Article 156 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0337/2008),

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

–   having regard to the report of the Committee on Industry, Research and Energy (A6-0136/2009),

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 Commission.

Position of the European Parliament adopted at first reading on 22 April 2009 with a view to the adoption of Decision No .../2009/EC of the European Parliament and of the Council on interoperability solutions for European public administrations (ISA)

P6_TC1-COD(2008)0185


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Decision No 922/2009/EC.)


Machinery for pesticide application ***I
PDF 196kWORD 34k
Resolution
Text
Annex
European Parliament legislative resolution of 22 April 2009 on the proposal for a directive of the European Parliament and of the Council on machinery for pesticide application, amending Directive 2006/42/EC of 17 May 2006 on machinery (COM(2008)0535 – C6-0307/2008 – 2008/0172(COD))
P6_TA(2009)0247A6-0137/2009

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0535),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0307/2008),

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

–   having regard to the report of the Committee on the Internal Market and Consumer Protection (A6-0137/2009),

1.  Approves the Commission proposal as amended;

2.  Takes note of the Commission statement annexed to this resolution;

3.  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;

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

Position of the European Parliament adopted at first reading on 22 April 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council amending Directive 2006/42/EC with regard to machinery for pesticide application

P6_TC1-COD(2008)0172


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2009/127/EC.)

ANNEX

Declaration of the Commission

on standardisation for pesticide application machinery

To support the essential requirements included in Section 2.4 of Annex I, the Commission will mandate CEN to develop harmonised standards for each category of machinery for pesticide application based on the best available techniques for preventing unintended exposure of the environment to pesticides. In particular, the mandate will require the standards to provide criteria and technical specifications for the fitting of mechanical shielding, tunnel spraying and air-assistance systems for spraying, for preventing contamination of the water source during filling and emptying and precise specifications for the manufacturer's instructions to prevent drift of pesticides, taking account of all of the relevant parameters such as nozzles, pressure, boom height, wind speed, air temperature and humidity and driving speed.


Fuel efficiency: labelling of tyres ***I
PDF 856kWORD 941k
Resolution
Consolidated text
Annex
Annex
Annex
Annex
European Parliament legislative resolution of 22 April 2009 on the proposal for a directive of the European Parliament and of the Council on labelling of tyres with respect to fuel efficiency and other essential parameters (COM(2008)0779 – C6-0411/2008 – 2008/0221(COD))
P6_TA(2009)0248A6-0218/2009

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0779),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0411/2008),

–   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 the Environment, Public Health and Food Safety (A6-0218/2009),

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 Commission.

Position of the European Parliament adopted at first reading on 22 April 2009 with a view to the adoption of Regulation(EC) No .../2009 of the European Parliament and of the Council on labelling of tyres with respect to fuel efficiency and other essential parameters

P6_TC1-COD(2008)0221


(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission║,

Having regard to the opinion of the European Economic and Social Committee(1),

Having regard to the opinion of the Committee of the Regions(2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(1)  Sustainable mobility is a major challenge facing the Community in the light of climate change and the need to support European competitiveness as emphasised in the Commission Communication of 8 July 2008 on Greening Transport(4).

(2)  The ║Commission Communication of 19 October 2006 entitled "Action Plan on Energy Efficiency- Realising the potential"(5) highlighted the potential to reduce total energy consumption by 20 % by 2020 by means of a list of targeted actions including labelling of tyres.

(3)  Tyres, mainly because of their rolling resistance, account for 20 % to 30 % of the fuel consumption of vehicles. A reduction of the rolling resistance of tyres may therefore contribute significantly to the energy efficiency of road transport and thus to the reduction of emissions.

(4)  Tyres are characterised by a number of parameters which are interrelated. Improving one parameter such as rolling resistance may have an adverse impact on other parameters such as wet grip, while improving wet grip may have an adverse impact on external rolling noise. Tyre manufacturers should be encouraged to optimise all parameters, without undercutting safety standards which have already been achieved.

(5)  Fuel-efficient tyres are cost-effective, as fuel savings over-compensate for the increased purchasing price of tyres resulting from higher production costs.

(6)   ║Regulation (EC) No …/2009 of the European Parliament and of the Council of ... [concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor](6) sets out minimum requirements on rolling resistance of tyres. Technological developments make it possible to ║ decrease significantly beyond those minimum requirements the energy losses resulting from tyre rolling resistance║. In order to reduce the environmental impact of road transport, it is therefore appropriate to lay down provisions to encourage end-users to purchase more fuel efficient tyres by providing them with harmonised information about this parameter.

(7)  In order to increase understanding and awareness of rolling resistance, a fuel savings calculator, such as that which already exists for C3 tyres, would serve as a meaningful tool to demonstrate potential savings of fuel, money and CO2.

(8)  Traffic noise is a significant nuisance and has a harmful effect on health. ║Regulation (EC) No …/2009 [concerning type-approval requirements for the general safety of motor vehicles ...] sets out minimum requirements on external rolling noise of tyres. Technological developments make it possible to ║ reduce external rolling noise significantly beyond those minimum requirements. In order to reduce traffic noise it is therefore appropriate to lay down provisions to encourage end-users to purchase tyres with low external rolling noise by providing them harmonised information about this parameter.

(9)  The provision of harmonised information on tyre external rolling noise would also facilitate the implementation of measures against traffic noise and contribute to increased awareness of the effect of tyres on traffic noise within the framework of Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise(7).

(10)   ║ Regulation (EC) No …/2009 [concerning type-approval requirements for the general safety of motor vehicles ...] sets out minimum requirements on wet grip performance of tyres. Technological development make it possible to ║improve wet grip significantly beyond those minimum requirements, and thus to reduce wet breaking distances. In order to improve road safety it is therefore appropriate to lay down provisions to encourage end-users to purchase tyres with high wet grip performance by providing them harmonised information about this parameter.

(11)  Other tyre parameters, such as aquaplaning or handling in curves, also affect road safety. However, at this stage, harmonised testing methods are not yet available in respect of such parameters. Therefore, it is appropriate to provide for the possibility, at a later stage and if necessary, of laying down provisions on harmonised information to end-users about such tyre parameters.

(12)  Snow tyres and Nordic winter tyres have specific parameters that are not fully comparable to normal tyres. In order to ensure that end-users make fair and informed decisions, the parameters of those tyres should be displayed in a way that puts them on an equal footing with normal tyres.

(13)  The provision of information on tyre parameters in the form of a standard label is likely to influence purchasing decisions by end-users in favour of safer, quieter and more fuel efficient tyres. This in turn is likely to encourage tyre manufacturers to optimise those tyre parameters, which would pave the way for more sustainable consumption and production.

(14)  Tyre manufacturers, suppliers and distributors should be encouraged to comply with the provisions of this Regulation before 2012 to speed up the recognition of the scheme and realisation of its benefits.

(15)  A multiplicity of rules concerning labelling of tyres across Member States would create barriers to intra-Community trade and increase the administrative burden and testing costs for tyre manufacturers.

(16)  Replacement tyres account for 78 % of the tyre market. It is therefore justified to inform the end-user about the parameters of replacement tyres as well as tyres fitted on new vehicles.

(17)  The need for greater information on tyre fuel efficiency and other parameters is relevant for consumers, including fleet managers and transport undertakings, who cannot easily compare the parameters of different tyre brands in the absence of a labelling and harmonised testing regime. It is therefore appropriate to include C1, C2 and C3 tyres within the scope of this Regulation.

(18)  The energy label which ranks products on a scale from "A to G", as applied to household appliances pursuant to Council Directive 1992/75/EC of 22 September 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances(8), is well known by consumers and has proven to be successful in promoting more efficient appliances. The same design should be used for the labelling of tyre fuel efficiency.

(19)  The display of a label on tyres at the point of sale, as well as in technical promotional literature, should ensure that distributors as well as potential end-users receive harmonised information on tyre fuel efficiency, wet grip performance and external rolling noise.

(20)  Some end-users choose tyres before arriving at the point of sale or purchase tyres by mail order. In order to ensure that those end-users can also make an informed choice on the basis of harmonised information on tyre fuel efficiency, wet grip performance and external rolling noise, labels should be displayed in all technical promotional literature, including where such literature is made available on the Internet.

(21)  Potential purchasers should be provided with supplementary standardised information which explains each of the components of the label - fuel efficiency, wet grip and noise emissions - and their relevance, and includes a fuel savings calculator which demonstrates average savings of fuel, CO2 and costs. That information should be provided on the EU tyre labelling website and on explanatory leaflets and posters at all points of sale. The website address should be clearly indicated on the label and all technical promotional literature.

(22)  Information should be provided in accordance with the harmonised testing methods laid down in ║Regulation (EC) No …/2009 [concerning type-approval requirements for the general safety of motor vehicles ...] to enable end-users to compare different tyres and to limit testing costs for manufacturers.

(23)  In order to meet the challenge of reducing the CO2 emissions of road transport, it is appropriate for Member States to put in place incentives in favour of fuel-efficient tyres ▌. Those incentives should be in accordance with Articles 87 and 88 of the Treaty ▌. In order to avoid fragmentation of the internal market, classes of minimum fuel efficiency should be determined.

(24)  Compliance with provisions on labelling by manufacturers, suppliers and distributors is essential to achieve the aims of those provisions and to ensure a level playing field within the Community. Member States should therefore determine effective measures, including market surveillance, regular ex-post controls and effective sanctions, sufficient to ensure enforcement of the provisions of this Regulation.

(25)  Member States should strive, in implementing the relevant provisions of this Regulation, to refrain from measures that impose unjustified, bureaucratic and unwieldy obligations on small and medium-sized enterprises (SMEs), and, where feasible, to take into consideration the special needs and financial and administrative constraints on SMEs.

(26)  For the proper evaluation of the implementation of this Regulation, a review should be undertaken to ascertain whether changes are necessary. This review should focus in particular on consumers' understanding of the label, including the noise parameter, and adaptation to technological change.

(27)  The measures necessary to implement this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(9).

(28)  In particular, ║the Commission should be empowered to introduce requirements with respect to wet grip grading of C2 and C3 tyre classes, to introduce requirements with respect to essential tyre parameters other than fuel efficiency, wet grip and external rolling noise and to adapt the Annexes to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of this Regulationinter alia by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC,

HAVE ADOPTED THIS REGULATION:

Article 1

Aim and subject matter

The aim of this Regulation is to increase the safety and the economic and environmental efficiency of road transport by promoting fuel-efficient, safe and quiet tyres.

This Regulation establishes a framework for the provision of harmonised information on tyre parameters through labelling, allowing consumers to make an informed choice when purchasing tyres.

Article 2

Scope

1.  This Regulation shall apply to C1, C2 and C3 tyres.

2.  By derogation from paragraph 1, this Regulation shall not apply to:

   (a) re-treaded tyres;
   (b) off-road professional tyres;
   (c) tyres designed to be fitted only to vehicles registered for the first time before 1. October 1990;
   (d) T-type temporary-use spare tyres;
   (e) tyres whose speed rating is less than 80 km/h;
   (f) tyres whose nominal rim diameter does not exceed 254 mm or is 635 mm or more;
   (g) tyres fitted with additional devices to improve traction properties, such as studded tyres.

Article 3

Definitions

For the purpose of this Regulation:

   (1) "C1, C2 and C3 tyres" means the tyre classes defined in Article 8 of ║Regulation (EC) No …/2009 [concerning type-approval requirements for the general safety of motor vehicles ...];
   (2) "T-type temporary-use spare tyre" means a temporary-use spare tyre designed for use at inflation pressures higher than those established for standard and reinforced tyres;
   (3) "snow tyre" means a tyre whose tread pattern, tread compound or structure are primarily designed to achieve in snow conditions a performance better than that of a normal tyre with regard to its ability to initiate or maintain vehicle motion;
   (4) "point of sale" means a location where tyres are displayed ▌or offered for sale, including car show rooms as regards displayed tyres which are not fitted on the vehicles;
   (5) "technical promotional literature" means technical manuals, brochures, leaflets and catalogues used in the marketing of tyres or vehicles, and aimed at end-users or distributors, and which describethe specific parameters of a tyreand are either printed, or in electronic form or published on the internet but excluding media advertising;
   (6) "technical documentation" means information relating to tyres, including the manufacturer and tyre brand ║ ; description of the tyre type or the grouping of tyres determined for the declaration of the fuel efficiency class, wet grip class and external rolling noise measured value; test reports and testing accuracy;
   (7) "fuel savings calculator" means a tool provided on dedicated tyre labelling websites to demonstrate potential average savings of fuel, CO2 and costs, for C1, C2 and C3 tyre classes;
   (8) "EU tyre labelling website" means a central online source of explanatory and supplementary information administered by the Commission, regarding each of the components of the tyre label and including a fuel savings calculator;
   (9) "manufacturer" means any natural or legal person who manufactures a product, or has a product designed or manufactured and markets that product under his name or trademark;
   (10) "importer" means any natural or legal person established within the Community who places a product from a third country on the Community market;
   (11) "supplier" means the manufacturer or its authorised representative in the Community or the importer;
   (12) "distributor" means any natural or legal person in the supply chain, other than the supplier or the importer, who makes a tyre available on the market;
   (13) "making available on the market" means any supply of a product for distribution or use on the Community market in the course of a commercial activity, whether in return for payment or free of charge;
   (14) "end-user" means a consumer, including a fleet manager or road transport undertaking that is buying or expected to buy a tyre;
   (15) "essential parameter" means a tyre parameter such as rolling resistance, wet grip or external rolling noise that has a notable impact on the environment, road safety or health during use.

Article 4

Responsibilities of the Commission

1.  The Commission shall establish and administer, no later than September 2010, the "EU tyre labelling website" as a reference source of explanatory information for each component of the label.

2.  The website shall include:

   (a) an explanation of the pictograms printed on the label;
   (b) a fuel savings calculator which demonstrates potential savings of fuel, money and CO2 by fitting low rolling resistance tyres for C1, C2 and C3 tyre classes;
  (c) a statement highlighting that actual fuel savings and road safety heavily depend on the behaviour of drivers, and in particular the following:
   (i) eco-driving, which can significantly reduce fuel consumption;
   (ii) tyre pressure, that should be regularly checked for higher wet grip and fuel efficiency performance characteristics;
   (iii) stopping distances, that should always be strictly respected.

Article 5

Responsibilities of tyre suppliers

Member States shall ensure that tyre suppliers comply with the following requirements:

   (1) suppliers shall ensure that C1 and C2 tyres ▌delivered todistributors or end-users are supplied with a label to be displayed by any means or by a sticker on the tyre tread, indicating the fuel efficiency and wet grip class ▌and the external rolling noise measured value, as set out in Annex I, Parts A, B and C, respectively;
   (2) the format of thesticker and the label referred to in point 1 shall be as prescribed in Annex II;
   (3) suppliers shall state the fuel efficiency class, wet grip class and the external rolling noise measured value on technical promotional literature as set out in Annex I in the order specified in Annex III. For C2 and C3 tyres the measured rolling resistance coefficient shall also be stated;
   (4) suppliers shall make technical documentation available to the authorities of Member States on request, for a period ending five years after the last tyre of a given tyre type has been made available on the market; the technical documentation shall be sufficiently detailed so as to allow the authorities to verify the accuracy of information provided on the label on fuel efficiency, wet grip and external rolling noise;
   (5) suppliers shall present measured values from the type approval test with regard to the rolling resistance coefficient (expressed in kg/t), wet grip index (expressed as a performance index, G, compared to the standard reference tyre) and noise emissions (expressed in dB) in a publicly available database.

Article 6

Responsibilities of tyre distributors

Member States shall ensure that tyre distributors comply with the following requirements:

   (1) distributors shall ensure that thesticker or the label provided by suppliers in accordance with point 1 of Article 5or a more detailed explanatory version of the label as set out in Annex II, point 3 are available and clearly displayed either on the tyre or in its immediate proximity at the point of sale, respectively;
   (2) where tyres offered for sale are not visible to the end-user, distributors shall provide the end-user with documentation on the fuel efficiency class, wet grip class and external rolling noise measured value of those tyres;
   (3) for C1, C2 and C3 tyres, distributors shall provide the explanatory version of the label as set out in Annex II, point 3 or 4, stating the fuel efficiency class, the wet grip class and external rolling noise measured value, as set out in Annex I, Parts A, B and C respectively, on or with the bills delivered to end-users when they purchase tyres. ▌

Article 7

Responsibilities of vehicle suppliers and vehicledistributors

Member States shall ensure that vehicle suppliers and vehicle distributors comply with the following requirements:

   (1) vehicle suppliers and vehicle distributors shall provide information on tyres which are fitted on new vehicles. That information shall include the fuel efficiency class as set out in Annex I, Part A, the external rolling noise measured value as set out in Annex I, Part C and, for C1 tyres, the wet grip class as set out in Annex I, Part B, in the order specified in Annex III. That information shall be included in at least the electronic technical promotional literature and shall be provided to end-users before the sale of the vehicle;
   (2) where different tyre types may be fitted on a new vehicle without end-users being offered a choice between types, the information referred to in point 1 shall mention the lowest fuel efficiency class, wet grip class and the highest external rolling noise measured value of these tyre types ▌;
  (3) where end-users are offered a choice between different tyre types to be fitted on a new vehicle, one of the following points shall apply:
   (a) where end-users are offered a choice between different tyre/rim sizes but not between other parameters of the tyre type, the information referred in point 1 shall mention for each tyre/rim size the lowest fuel efficiency class, wet grip class and highest external rolling noise measured value of all tyre types within this tyre/rim size;
   (b) except in cases covered by point (a), the information referred in point 1 shall mention the fuel efficiency class, wet grip class and external rolling noise measured value of all tyre types which may be chosen by the end-user.

Article 8

Harmonised testing methods

The information to be provided under Articles 5, 6 and 7 on the fuel efficiency class, the external rolling noise measured value, and the wet grip class of tyres shall be obtained by applying the harmonised testing methods referred to in Annex I. The harmonised tests shall provide end-users with a reliable and fully representative ranking of the characteristics tested.

Article 9

Verification procedure

1.  Member States shall, in accordance with the procedure laid down in Annex IV, assess the conformity of the declared fuel efficiency and wet grip classes, within the meaning of Annex I Parts A and B, and the declared external rolling noise measured value within the meaning of Annex I Part C.

2.  Such assessments shall not prejudice any EU vehicle or tyre type-approval obtained in accordance with Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(10) or Regulation (EC) No .../2009 [concerning type-approval requirements for the general safety of motor vehicles ...]. For the conformity assessment Member States shall also refer, where applicable, to tyre type approval documentation and to relevant supporting documentation provided by the supplier.

3.  Member States shall ensure that the competent authorities establish a system of routine and non-routine inspections of points of sale for the purpose of ensuring compliance with the requirements of this Regulation.

Article 10

Internal market

1.  Where the requirements of this Regulation are satisfied, Member States shall neither prohibit nor restrict the making available of tyres on the market on grounds of product information covered by this Regulation.

2.  Unless they have evidence to the contrary, Member States shall consider that labels and product information comply with the provisions of this Regulation. They may require suppliers to provide technical documentation, in accordance with point 4 of Article 5, in order to assess the accuracy of the declared values.

Article 11

Incentives

Member States shall not provide incentives for the use of tyres below class C with respect to either fuel efficiency level or wet grip within the meaning of Annex I, Parts A and B respectively.

Article 12

Amendments and adaptations to technical progress

The following measures designed to amend non-essential elements of this Regulation inter alia by supplementing it shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2):

   (1) introduction of requirements with respect to wet grip grading of C2 and C3 tyres, provided that suitable harmonised testing methods are available;
   (2) introduction of requirements with respect to snow tyres or Nordic winter tyres;
   (3) adaptation of Annexes I to IV to technical progress.

Article 13

Enforcement and penalties

1.  Member States shall, by means of a continuous exchange of information, ensure close cooperation in market supervision in the interest of the consistent implementation of this Regulation. Member States shall take appropriate measures for regular ex-post controls in order to ensure that tyres which are not duly labelled are brought into conformity or taken off the market.

2.  Member States shall introduce measures laying down sanctions for infringements of the provisions of this Regulation, including rules on penalties applicable to infringements of the provisions adopted pursuant to this Regulation and provisions ensuring that they are implemented.

3.  Those measures shall be effective, proportionate and dissuasive.

4.  Member States shall notify those measures and any subsequent amendments thereof to the Commission ▌without delay ▌.

Article 14

Committee

1.  The Commission shall be assisted by a committee.

2.  Where reference is made to this paragraph, Articles 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Article 15

Review

1.  Not later than three years after the date of application of this Regulation, the Commission shall review the application of this Regulation, considering inter alia:

   (a) the effectiveness of the label in terms of consumer awareness;
   (b) whether the labelling scheme should be extended to include retreaded tyres;
   (c) whether new tyre parameters or classes should be introduced;
   (d) the information on tyre parameters provided by vehicle suppliers and distributors to end-users.

2.  The Commission shall, on the basis of this review and after an impact assessment and a consumer survey, submit a report to the European Parliament and the Council, accompanied if appropriate, by a proposal for amendment of this Regulation.

Article 16

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 November 2012.

However, Articles 5 and 6 shall not apply to tyres produced before 1 July 2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ║,

For the European Parliament For the Council

The President The President

Annex I

Grading of tyre parameters

Part A: Fuel efficiency classes

The fuel efficiency class must be determined on the basis of the rolling resistance coefficient (RRC) according to the A to G scale specified below and measured in accordance with ║UNECE Regulation ║

C1 tyres

C2 tyres

C3 tyres

RRC in kg/t

Energy efficiency class

RRC in kg/t

Energy efficiency class

RRC in kg/t

Energy efficiency class

RRC≤6,5

A

RRC≤5,5

A

RRC≤4,0

A

6,6≤RRC≤7,7

B

5,6≤RRC≤6,7

B

4,1≤RRC≤5,0

B

7,8≤RRC≤9,0

C

6,8≤RRC≤8,0

C

5,1≤RRC≤6,0

C

Empty

D

Empty

D

6,1≤RRC≤7,0

D

9,1≤RRC≤10,5

E

8,1≤RRC≤9,2

E

7,1≤RRC≤8,0

E

10,6≤RRC≤12,0

F

9,3≤RRC≤10,5

F

RRC≥8,1

F

RRC≥12,1

G

RRC≥10,6

G

Empty

G

Part B: Wet Grip Classes

The wet grip classes of C1 tyres must be determined on the basis of the wet grip index (G)according to the "A to G" scale specified below and measured in accordance with UNECE Regulation 117 on uniform provisions concerning the approval of tyres with regard to rolling sound emissions and to adhesion on wet surfaces(11).

G

Wet grip classes

155≤G

A

140≤G≤154

B

125≤G≤139

C

Empty

D

110≤G≤124

E

G≤109

F

Empty

G

Part C: External Rolling noise

The external rolling noise measured value shall be declared in decibels and measured in accordance with UNECE Regulation 117 on uniform provisions concerning the approval of tyres with regard to rolling sound emissions and to adhesion on wet surfaces.

Part D: Low Noise Mark

For low noise tyres defined according to the grading specified below, the labelling of the measured external rolling noise value measured in dB shall be complemented by the "Low Noise Mark':

External rolling noise classes (dB(A))

C1

C2

C3

Low Noise Mark*

≤68

≤69

≤70

* Low Noise Mark:

20090422-P6_TA(2009)0248_EN-p0000001.fig

Annex II

Format of the label

The sticker referred to in point 1 of Article 5 and point 1 of Article 6 consists of two parts: (1) a label printed in the format described below and (2) a space where the name of the supplier and the tyre line, tyre dimension, load index, speed rating and other technical specification are displayed (hereinafter "brand space").

1.  Label design

1.1.  The label printed on the sticker, referred to in point 1 of Article 5 and point 1 of Article 6, must be in accordance with the illustration below:

20090422-P6_TA(2009)0248_EN-p0000003.fig

1.2.  The following item shall be added to the design:

website address of the EU tyre label website, in large font at the bottom of the label

1.3.  The following provides specifications for the label:

20090422-P6_TA(2009)0248_EN-p0000005.fig

1.4.  The label must be at least 75 mm wide and 110 mm high. Where the label is printed in a larger format, its content must nevertheless remain proportionate to the specifications above.

1.5.  The label must conform to the following requirements:

a)  Colours are CMYK – cyan, magenta, yellow and black – and are given following this example: 00-70-X-00: 0 % cyan, 70 % magenta, 100 % yellow, 0 % black;

b)  The numbers listed below refer to the legends indicated in point 1.3;

20090422-P6_TA(2009)0248_EN-p0000007.fig Fuel efficiency

Pictogram as supplied: width: 19,5 mm, height: 18,5 mm – Frame for pictogram stroke: 3,5 pt, width: 26 mm, height: 23 mm – Frame for grading: stroke: 1 pt – Frame end: stroke: 3,5 pt, width: 36 mm – Colour: X-10-00-05;

20090422-P6_TA(2009)0248_EN-p0000009.fig Wet grip

Pictogram as supplied: width: 19 mm, height: 19 mm – Frame for pictogram: stroke: 3,5 pt, width: 26 mm, height: 23 mm – Frame for grading: stroke: 1 pt – Frame end: stroke: 3,5 pt, width: 26 mm – Colour: X-10-00-05;

20090422-P6_TA(2009)0248_EN-p0000011.fig External rolling noise

Pictogram as supplied: width: 23 mm, height: 15 mm – Frame for pictogram: stroke: 3,5 pt, width: 26 mm, height: 24 mm – Frame for value: stroke: 1 pt – Frame end: stroke: 3,5 pt, height: 24 mm – Colour: X-10-00-05;

20090422-P6_TA(2009)0248_EN-p0000013.fig Label border:stroke:1,5 pt – Colour: X-10-00-05;

20090422-P6_TA(2009)0248_EN-p0000015.fig A-G scale

   Arrows: height: 4,75 mm, gap: 0,75 mm, black stroke: 0,5 pt – colours:

Ÿ A: X-00-X-00;

Ÿ B: 70-00-X-00;

Ÿ C: 30-00-X-00;

Ÿ D: 00-00-X-00;

Ÿ E: 00-30-X-00;

Ÿ F: 00-70-X-00;

Ÿ G: 00-X-X-00.

   Text: Helvetica Bold 12 pt, 100 % white, black outline: 0,5 pt;
  

20090422-P6_TA(2009)0248_EN-p0000017.fig Grading

   Arrow: width: 16 mm, height: 10 mm, 100 % black;
   Text: Helvetica Bold 27 pt, 100 % white;
  

20090422-P6_TA(2009)0248_EN-p0000019.fig Lines in scale:stroke:0,5 pt, dashed line interval: 5,5 mm, 100 % black;

  

20090422-P6_TA(2009)0248_EN-p0000021.fig Scale text: Helvetica Bold 11 pt, 100 % black;

  

20090422-P6_TA(2009)0248_EN-p0000023.fig Value of noise

   Box: width: 25 mm, height: 10 mm, 100 % black;
   Text: Helvetica Bold 20 pt, 100 % white;
   Unit text:Helvetica Bold Regular for "(A)" 13 pt, 100 % white;
  

20090422-P6_TA(2009)0248_EN-p0000025.fig EU logo:width:9 mm, height: 6 mm;

  

20090422-P6_TA(2009)0248_EN-p0000027.fig Regulation reference:Helvetica Regular 7,5 pt, 100 % black;

Tyre class reference:Helvetica Bold 7,5 pt, 100 % black;

c)  The background must be white.

1.6.  The tyre class (C1, C2 or C3) must be indicated on the label in the format prescribed in the illustration point 1.3.

2.  Brand space

║ Suppliers must add their name, the tyre line, tyre dimension, load index, speed rating and other technical specification on the sticker along with the label in any colour, format and design, provided that the proportional size of brand space does not exceed a 4:5 ratio against the size of the label and the message published along with the label does not disrupt the message of the label.

3.  Format of expanded explanatory label

The explanatory version of the label referred to in Article 6 shall be in accordance with the illustration below, and the text translated into the relevant language of the point of sale. This version of the label is to be provided to the customer on or with the bill, unless this results in an undue burden on the distributor, in which case information shall be provided in accordance with Annex II, point 4.

20090422-P6_TA(2009)0248_EN-p0000029.fig

4.  Format of information on the receipt

Where the costs of printing the explanatory label as outlined in Annex II, point 3, represent an undue burden on the distributor, the label information shall be provided in accordance with the illustration below:

20090422-P6_TA(2009)0248_EN-p0000031.fig

Annex III

Information provided in technical promotional literature

1.  Information on tyre shall be provided in the order specified as follows:

   (i) the fuel efficiency class (A to G);
   (ii) the wet grip class (A to G);
   (iii) the external rolling noise measured value (dB).

2.  That information must meet the following requirements:

   (i) easy to read;
   (ii) easy to understand;
   (iii) if different grading is available for a given tyre type depending on dimension or other parameters, the range between the least- and best-performing tyre must be stated.

3.  Suppliers must also make available on their website:

   (i) a link to the EU tyre labelling website;
   (ii) an explanation of the pictograms printed on the label, and the fuel efficiency calculator which is provided on the EU tyre labelling website;
  (iii) a statement highlighting║ that actual fuel savings and road safetydepend heavilyon the behaviour of drivers, and in particular the following:
   eco-driving can significantly reduce fuel consumption;
   tyre pressure should be regularly checked for higher wet grip and fuel efficiency performance characteristics;
   stopping distances should always be strictly respected.

Annex IV

Verification procedure

The conformity of the declared fuel efficiency and wet grip classes as well as the declared external rolling noise measured value shall be assessed for each tyre type or each grouping of tyres as determined by the supplier; according to the following procedure:

   (1) a single tyre shall be tested first. If the measured value meets the declared class or external rolling noise measured value, the test is passed;
   (2) if the measured value does not meet the declared class or external rolling noise measured value, three more tyres shall be tested. The average measurement value resulting from the four tyres tested shall be used to assess conformity with the declared information.

(1) Opinion of 25 March 2009 (not yet published in the OJ).
(2) OJ C , p. .
(3) Position of the European Paliament of 22 April 2009.
(4) COM(2008)0433.
(5) ║COM(2006)0545.║
(6) ║OJ L , p. .
(7) OJ L 189, 18.7.2002, p. 12.
(8) OJ L 297, 13.10.1992, p. 16.
(9) OJ L 184, 17.7.1999, p. 23.
(10) OJ L 263, 9.10.2007, p. 1.
(11) OJ L 231, 29.8.2008, p. 19.


Amendment of Regulation (EC) No 717/2007 (mobile telephone networks) and Directive 2002/21/EC (electronic communications) ***I
PDF 192kWORD 33k
Resolution
Text
European Parliament legislative resolution of 22 April 2009 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 717/2007 on roaming on public mobile telephone networks within the Community and Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (COM(2008)0580 – C6-0333/2008 – 2008/0187(COD))
P6_TA(2009)0249A6-0138/2009

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0580),

–   having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0333/2008),

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

–   having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Culture and Education (A6-0138/2009),

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 Commission.

Position of the European Parliament adopted at first reading on 22 April 2009 with a view to the adoption of Regulation (EC) No .../2009 of the European Parliament and of the Council amending Regulation (EC) No 717/2007 on roaming on public mobile telephone networks within the Community and Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services

P6_TC1-COD(2008)0187


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Regulation (EC) No 544/2009.)


Reporting and documentation requirements in the case of mergers and divisions ***I
PDF 191kWORD 32k
Resolution
Text
European Parliament legislative resolution of 22 April 2009 on the proposal for a directive of the European Parliament and of the Council amending Council Directives 77/91/EEC, 78/855/EEC and 82/891/EEC and Directive 2005/56/EC as regards reporting and documentation requirements in the case of merger and divisions (COM(2008)0576 – C6-0330/2008 – 2008/0182(COD))
P6_TA(2009)0250A6-0247/2009

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0576),

–   having regard to Article 251(2) and Article 44(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0330/2008),

–   having regard to the undertaking given by the Council representative by letter of 7 April 2009 to adopt the proposal as amended, in accordance with the first indent in the second subparagraph of Article 251(2) of the EC Treaty,

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

–   having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0247/2009),

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 22 April 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council amending Council Directives 77/91/EEC, 78/855/EEC and 82/891/EEC, and Directive 2005/56/EC as regards reporting and documentation requirements in the case of mergers and divisions

P6_TC1-COD(2008)0182


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2009/109/EC.)


Insurance and reinsurance (Solvency II) (recast) ***I
PDF 197kWORD 57k
Resolution
Text
European Parliament legislative resolution of 22 April 2009 on the amended proposal for a directive of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (recast) (COM(2008)0119 – C6-0231/2007 – 2007/0143(COD))
P6_TA(2009)0251A6-0413/2008

(Codecision procedure - recast)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2007)0361) and the amended proposal (COM(2008)0119),

–   having regard to Article 251(2) and Article 47(2) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0231/2007),

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

–   having regard to the undertaking given by the Council representative by letter of 1 April 2009 to adopt the proposal as amended, in accordance with the first indent in the second subparagraph of Article 251(2) of the EC Treaty,

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

–   having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Legal Affairs (A6-0413/2008),

A.   whereas, according to the Consultative Working Party of the Legal Services of the European Parliament, the Council and the Commission, the Proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance,

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 and as amended below;

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 22 April 2009 with a view to the adoption of Directive 2009/.../EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (recast)

P6_TC1-COD(2007)0143


(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the final legislative act, Directive 2009/138/EC.)

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


Interim Trade Agreement with Turkmenistan
PDF 118kWORD 40k
European Parliament resolution of 22 April 2009 on the Interim Trade Agreement with Turkmenistan
P6_TA(2009)0252B6-0150/2009

The European Parliament,

–   having regard to the proposal for a Council and Commission decision (COM(1998)0617),

–   having regard to the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part (5144/1999),

–   having regard to Articles 133 and 300(2), first subparagraph, of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0338/1999),

–   having regard to its resolution of 20 February 2008 on an EU Strategy for Central Asia(1),

–   having regard to its position of 22 April 2009 on the above-mentioned proposal(2),

–   having regard to Rule 108(5) of its Rules of Procedure,

A.   whereas relations between the European Communities and Turkmenistan are currently governed by the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on Trade and Commercial and Economic Cooperation concluded in December 1989; whereas this agreement does not contain a human rights clause,

B.   whereas the Interim Agreement on Trade and Trade-related Matters of 2 December 1998, concluded between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part, is now undergoing approval in the Council,

C.   whereas a Partnership and Cooperation Agreement (PCA) with Turkmenistan was initialled in May 1997 and signed in 1998; whereas since then 11 Member States have ratified the PCA - France, Ireland, the United Kingdom and Greece still have still to do so - and the 12 new Member States will ratify it by means of a single protocol; whereas Turkmenistan ratified the PCA in 2004,

D.   whereas the PCA, once fully ratified, will be concluded for an initial period of 10 years, after which it will be renewed annually, provided that neither of the parties terminates it; whereas the parties may expand or amend the PCA or elaborate further on it, in order to take new developments into account,

E.   whereas Turkmenistan plays an important role in the Central Asia region, so that close cooperation between it and the European Union is desirable,

F.   whereas the situation in Turkmenistan has improved since the change of president; whereas the regime has indicated its willingness to carry out major reforms; whereas substantive progress is still needed in several key areas, such as human rights, the rule of law, democracy and individual freedoms,

G.   whereas the proposed Interim Trade Agreement (ITA) between the European Communities and Turkmenistan stipulates respect for democracy and human rights as a condition for cooperation,

H.   whereas the ITA would therefore have the potential to contribute to the advancement of the ongoing democratic reforms in Turkmenistan,

I.   whereas the ITA includes a mechanism which allows either party to terminate it by notifying the other party,

1.  Notes that after the change of president in Turkmenistan there are signs of an ambition to carry out reforms in key areas; welcomes in particular the creation of a National Institute for Democracy and Human Rights; takes note of the process of revising the Constitution, which aims to strengthen democracy, individual freedoms and the rule of law; notes, further, the revision of the electoral law; welcomes Turkmenistan's accession to international conventions such as the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty and the Convention on the Political Rights of Women; welcomes the reforms of the educational system, aiming at higher quality and more equality for students;

2.  Calls on the Turkmenistan Government to move swiftly towards democracy and respect for the rule of law; calls, in particular, for open and democratic elections, freedom of religion, the development of a genuine civil society, the release of all political prisoners and prisoners of conscience, the lifting of restrictions on travel, and access for independent monitors;

3.  Stresses the need for the European Union to further encourage these developments; underlines that the Turkmenistan Government's activities must be carefully and regularly scrutinised;

4.  Asks the Council and Commission to keep it regularly and substantively informed about the human rights situation in Turkmenistan;

5.  Deplores the fact that in several areas, particularly human rights and democracy, the situation is still unsatisfactory; draws attention in particular to the need for all political prisoners to be unconditionally released; underlines the importance of the removal of all obstacles to free travel and to free access for independent monitors, including the International Red Cross; calls for further improvements in civil liberties, including for non-governmental organisations; stresses the need to implement reforms at all levels and in all areas of the administration;

6.  Underlines the importance of economic and trade relations for the opening-up of Turkmen society and the improvement of the democratic, economic and social situation of Turkmen citizens;

7.  Sees the ITA, while at the same time laying down rules governing economic relations, as a possible stepping stone towards steady and sustainable relations between the European Union and Turkmenistan and as a potential lever to strengthen the reform process in Turkmenistan;

8.  Underlines that the ITA is not a blank cheque for Turkmenistan; calls, therefore, for strict monitoring and regular reviews of developments in key areas in Turkmenistan and, if appropriate, for a suspension of the agreement if there is evidence that the conditions are not being met; asks for regular updates on the monitoring by the Commission and the Council;

9.  Calls on the Council and Commission to include a clear suspensive human rights clause in the PCA; stresses that the United Nations Universal Declaration on Human Rights should be respected; calls on the Council to accept any request from the Parliament to suspend the agreement;

10.  Calls on the Council and Commission also to include a revision clause in the PCA; asks to be consulted on any revision of the PCA;

11.  Points out that the PCA requires Parliament's assent in order to come into force; whilst the ITA unfortunately does not require its assent, calls for the points raised in this resolution to be taken fully into account, since otherwise its assent to the PCA might be jeopardised; accordingly, intends to base its opinion on the ITA on the answers received from the Council and the Commission in their statements;

12.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and the Government and Parliament of Turkmenistan.

(1) Texts adopted, P6_TA(2008)0059.
(2) Texts adopted, P6_TA(2009)0253.


Interim Agreement with Turkmenistan *
PDF 194kWORD 32k
European Parliament legislative resolution of 22 April 2009 on the proposal for a Council and Commission decision on the conclusion of the Interim Agreement on trade and trade-related matters between the European Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part (5144/1999 – COM(1998)0617 – C5-0338/1999 – 1998/0304(CNS))
P6_TA(2009)0253A6-0085/2006

(Consultation procedure)

The European Parliament,

–   having regard to the proposal for a Council and Commission decision (COM(1998)0617),

–   having regard to the Interim Agreement on trade and trade-related matters between the European Community and the European Atomic Energy Community, of the one part, and Turkmenistan, of the other part (5144/1999),

–   having regard to its resolution of 15 March 2001 on the situation in Turkmenistan(1),

–   having regard to its resolution of 23 October 2003 on Turkmenistan, including Central Asia(2),

–   having regard to its resolution of 20 February 2008 on an EU Strategy for Central Asia(3),

–   having regard to Articles 133 and 300(2), first subparagraph, of the EC Treaty,

–   having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C5-0338/1999),

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

–   having regard to the report of the Committee on International Trade and the opinion of the Committee on Foreign Affairs (A6-0085/2006),

1.  Approves the conclusion of the agreement;

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

(1) OJ C 343, 5.12.2001, p. 310.
(2) OJ C 82 E, 1.4.2004, p. 639.
(3) Texts adopted, P6_TA(2008)0059.


Community framework for nuclear safety *
PDF 407kWORD 212k
European Parliament legislative resolution of 22 April 2009 on the proposal for a Council directive (Euratom) setting up a Community framework for nuclear safety (COM(2008)0790 – C6-0026/2009 – 2008/0231(CNS))
P6_TA(2009)0254A6-0236/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0790),

–   having regard to Articles 31 and 32 of the Euratom Treaty, pursuant to which the Council consulted Parliament (C6-0026/2009),

–   having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–   having regard to Rules 51 and 35 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 the Environment, Public Health and Food Safety (A6-0236/2009),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 119, second paragraph, of the Euratom Treaty and to ensure that the legal requirements foreseen by the Euratom Treaty for the adoption of this proposal have been respected, notably the consultation of the group of experts in accordance with Article 31 of the Euratom Treaty;

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

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

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

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital 6
(6)  While each Member State is free to decide on its energy mix, after a period of reflection, interest in the construction of new plants has grown and some Member States decided to licence new plants. Furthermore, requests for nuclear power plant life extensions are expected to be presented by licence holders in the years to come.
(6)  Each Member State is free to decide on its energy mix.
Amendment 2
Proposal for a directive
Recital 7
(7)  For this purpose best practices should be developed to guide the regulatory bodies in their decisions on the lifetime extension of nuclear installations.
(7)  Nuclear security is a matter of Community interest, which should be taken into consideration in the event of decisions on licensing new plants and/or extending the lifetime of nuclear installations. For this purpose best practices should be developed to guide the regulatory bodies and Member States when deciding whether or not to license new plants as well as in their decisions on the lifetime extension of nuclear installations.
Amendment 3
Proposal for a directive
Recital 9
(9)  The continuous improvement of nuclear safety requires that the management systems established and the licence holders ensure the high level of safety for the general public.
(9)  The continuous improvement of nuclear safety requires that the management systems established and the licence holders and waste managers ensure the highest possible level of safety for the general public.
Amendment 4
Proposal for a directive
Recital 10
(10)  Fundamentals and requirements set by the International Atomic Energy Agency (IAEA) constitute a framework of practices on which national safety requirements should be based. Member States have made considerable contributions to the improvement of those fundamentals and requirements.
(10)  Fundamentals, requirements and guidelines set by the International Atomic Energy Agency (IAEA) constitute a set of rules and a framework of practices on which national safety requirements should be based. Member States have made considerable contributions to the improvement of those fundamentals, requirements and guidelines. Those rules should reflect best international practice as regards safety requirements and therefore constitute a good basis for Community legislation. They cannot be introduced into Community law by simple reference to the IAEA Safety Standards Series No. SF-1 (2006) in this Directive. An Annex containing the Fundamental Safety Principles should therefore be added to this Directive.
Amendment 5
Proposal for a directive
Recital 13
(13)  The provision of information to the public in an accurate and timely manner about important nuclear safety matters should be based on high level of transparency on issues relating to the safety of nuclear installations.
(13)  The provision of information to nuclear industry workers and the public in an accurate and timely manner about important nuclear safety matters should be based on high level of transparency on issues relating to the safety of nuclear installations.
Amendment 6
Proposal for a directive
Recital 13 a (new)
(13a)  In order to ensure access to information, public participation and transparency, Member States should take all the appropriate measures to implement the obligations laid down in international conventions that already provide for the necessary requirements in national, international, or trans- boundary contexts, such as the Convention on access to information, public participation in decision-making and access to justice in environmental matters (Aarhus Convention, 25 June 1998)1.
____________________
1 OJ L 124, 17.5.2005, p. 1; OJ L 164, 16.6.2006, p. 17 and Regulation (EC) 1367/2006, OJ L 264, 25.09.2006, p. 13.
Amendment 7
Proposal for a directive
Recital 15
(15)  In order to ensure the effective implementation of safety requirements for nuclear installations, Member States should establish regulatory bodies as independent authorities. Regulatory bodies should be provided with adequate competence and resources in order to be able to discharge their duties.
(15)  In order to ensure the effective regulation of nuclear installations, Member States should establish regulatory bodies as authorities independent from interests that could unduly affect decisions on nuclear safety issues. Regulatory bodies should be provided with adequate competence and resources in order to be able to discharge their duties.
Amendment 8
Proposal for a directive
Recital 19
(19)  The regulatory bodies charged with the safety of nuclear installations in the Member States should mainly cooperate through the European High Level Group on Nuclear Safety and Waste Management which has developed ten principles for the regulation of nuclear safety. The European High Level Group on Nuclear Safety and Waste Management should contribute to the Community nuclear safety framework with the aim of continuously improving it.
(19)  The regulatory bodies charged with the supervision of the nuclear installations in the Member States should mainly cooperate through the European High Level Group on Nuclear Safety and Waste Management. The High Level Group has developed ten principles for the regulation of nuclear safety which are important in the context of this Directive. The European High Level Group on Nuclear Safety and Waste Management should contribute to the Community nuclear safety framework with the aim of continuously improving it.
Amendment 9
Proposal for a directive
Article 1 – paragraph 1
1.  This Directive aims at achieving, maintaining and continuously improving nuclear safety in the Community and to enhance the role of the national regulatory bodies.
1.  This Directive aims at creating a Community framework for nuclear safety in the European Union. It sets out a foundation for legislation and regulatory arrangements in the Member States concerning nuclear safety and aims at achieving, maintaining and continuously improving nuclear safety in the Community and to enhance the role of the national regulatory bodies.
Amendment 11
Proposal for a directive
Article 1 – paragraph 2
2.  It shall apply to the design, siting, construction, maintenance, operation and decommissioning of nuclear installations, for which consideration of safety is required under the legislative and regulatory framework of the Member State concerned.
2.  It shall apply to the design, siting, construction, maintenance, commissioning, operation and decommissioning of nuclear installations and to work carried out by subcontractors used by operators, for which consideration of safety shall be required under the legislative and regulatory framework of the Member State concerned.
Amendment 12
Proposal for a directive
Article 2 – point 1
(1) "nuclear installation" means a nuclear fuel fabrication plant, research reactor (including subcritical and critical assemblies), nuclear power plant, spent fuel storage facility, enrichment plant or reprocessing facility;
(1) "nuclear installation" means a nuclear fuel fabrication plant, research reactor (including subcritical and critical assemblies), nuclear power plant, spent fuel and radioactive waste storage facility, enrichment plant or reprocessing facility, including facilities for handling and treatment of radioactive substances generated during the operation of an installation;
Amendment 13
Proposal for a directive
Article 2 – point 3
(3) "radioactive material" means any material containing one or more radionuclides the activity or concentration thereof cannot be disregarded as far as radiation protection is concerned;
(3) "radioactive substance" means any material containing one or more radionuclides the activity or concentration thereof cannot be disregarded as far as radiation protection is concerned;
Amendment 14
Proposal for a directive
Article 2 – point 8
(8) "regulatory body" means any body or bodies authorised by the Member State to grant in that Member State licences and to supervise the siting, design, construction, commissioning, operation or decommissioning of nuclear installations;
(8) "regulatory body" means an authority or a system of authorities designated by a Member State as having the legal authority to conduct the regulatory process, including the issue of authorisations, and thereby the regulation of nuclear, radiation, radioactive waste and transport safety;
Amendment 15
Proposal for a directive
Article 2 – point 9
(9) "licence" means any authorisation granted by the regulatory body to the applicant to confer the responsibility for the siting, design, construction, commissioning, operation or decommissioning of nuclear installations;
(9) "licence" means any authorisation granted by a government or a national authority approved by that government to the applicant to confer the responsibility for the siting, design, construction, commissioning, operation or decommissioning of nuclear installations;
Amendment 16
Proposal for a directive
Article 2 – point 10
(10) "new power reactors" mean nuclear power reactors licensed to operate after the entry into force of this Directive.
(10) "new power reactors" mean nuclear power reactors licensed for construction after the entry into force of this Directive.
Amendment 17
Proposal for a directive
Article 3 – title
Responsibility and framework for thesafety of nuclear installations
Legal framework for the safety of nuclear installations
Amendment 18
Proposal for a directive
Article 3 – paragraph 1
1.  The prime responsibility for the safety of nuclear installations shall rest with the holder of the license under the control of the regulatory body. The safety measures and controls to be implemented in a nuclear installation shall be decided only by the regulatory body and applied by the licence holder.
deleted
The licence holder shall have the prime responsibility for safety throughout the lifetime of the nuclear installations until its release from regulatory control. This responsibility of the licence holder cannot be delegated.
Amendment 19
Proposal for a directive
Article 3 – paragraph 2
2.  Member States shall establish and maintain a legislative and regulatory framework to govern the safety of nuclear installations. This shall include national safety requirements, a system of licensing and control of nuclear installations and the prohibition of their operation without a licence and a system of regulatory supervision including the necessary enforcement.
1.  Member States shall establish and maintain a legislative and regulatory framework, based on EU and international best available practices, to govern the safety of nuclear installations. This shall include national safety requirements, a system of licensing and control of nuclear installations and the prohibition of their operation without a licence and a system of regulatory supervision, through suspension, modification or revocation of licences including the necessary enforcement.
Amendment 20
Proposal for a directive
Article 3 – paragraph 2 a (new)
2a.  Member States shall ensure that legislation is put in place to provide for withdrawal of the operating licence of a nuclear installation in cases of serious breaches of the conditions of a licence.
Amendment 21
Proposal for a directive
Article 3 – paragraph 2 b (new)
2b.  Member States shall ensure that all organisations engaged in activities directly related to nuclear installations shall establish policies that give due priority to nuclear safety.
Amendment 22
Proposal for a directive
Article 3 – paragraph 2 c (new)
2c.  Member States shall ensure that at least every 10 years the regulatory body and the national regulatory system is submitted to an international peer review aimed at continuously improving the regulatory infrastructure.
Member States shall notify the results of the international peer review to the Commission.
Amendment 23
Proposal for a directive
Article 3 – paragraph 2 d (new)
2d.  Member States may lay down more stringent safety measures than those laid down in this Directive.
Amendment 24
Proposal for a directive
Article 4 – title
Regulatory bodies
Designation and responsibilities of the regulatory bodies
Amendment 25
Proposal for a directive
Article 4 – paragraph – -1 (new)
-1.  Member States shall designate a national regulatory body responsible for regulating, supervising and assessing the safety of nuclear installations.
Amendment 26
Proposal for a directive
Article 4 – paragraph 1
1.  Member States shall ensure that the regulatory body is effectively independent of all organisations whose task is to promote, operate nuclear installations or justify societal benefits and free from any influence that may affect the safety.
1.  Member States shall ensure the effective independence of the regulatory body. For this purpose, Member States shall ensure that, when carrying out the tasks conferred upon it by this Directive:
(a) the regulatory body is legally distinct and functionally independent from any other public or private entity, and, in particular from those whose task is to promote, operate nuclear installations or justify societal benefits, and free from any influence that may affect safety;
(b) that the staff of the regulatory body and the persons responsible for its management act independently from any market interest and shall not seek or take instructions from any government or other public or private entity, when carrying out its regulatory duties.
This requirement shall be without prejudice to close cooperation, as appropriate, with other relevant national authorities.
Amendment 27
Proposal for a directive
Article 4 – paragraph 2
2.  The regulatory body shall be provided with adequate authority, competence and financial and human resources to fulfil its responsibilities and discharge its duties. It shall supervise and regulate the safety of nuclear installations and ensure the implementation of safety requirements, condition and safety regulations.
2.  Member States shall ensure that the regulatory body has adequate authority, competence and financial and human resources to fulfil its responsibilities and discharge its duties. The regulatory body shall supervise and regulate the safety of nuclear installations and ensure that the applicable safety requirements and licensing conditions are met.
Amendment 28
Proposal for a directive
Article 4 – paragraph 3
3.  The regulatory body shall grant licenses and monitor their application on siting, design, construction, commissioning, operation or decommissioning of nuclear installations.
deleted
Amendment 29
Proposal for a directive
Article 4 – paragraph 3 a (new)
3a.  Member States shall ensure that the regulatory body carries out nuclear safety assessments, investigations and controls and, where necessary, enforcement actions in nuclear installations throughout their lifetime, including during decommissioning.
Amendment 30
Proposal for a directive
Article 4 – paragraph 3 b (new)
3b.  Member States shall ensure that the regulatory body is empowered to order the suspension of operations of any nuclear installations in cases where safety is not guaranteed.
Amendment 31
Proposal for a directive
Article 4 – paragraph 4
4.  Regulatory bodies shall ensure that licence holders have at their disposal appropriate staff in terms of numbers and qualifications.
deleted
Amendment 32
Proposal for a directive
Article 4 – paragraph 5
5.  At least every ten years the regulatory body shall submit itself and the national regulatory system to an international peer review aimed at continuously improving the regulatory infrastructure.
deleted
Amendment 33
Proposal for a directive
Article 4 – paragraph 5 a (new)
5a.  Regulatory bodies of the Member States shall exchange best regulatory practice and develop a common understanding of internationally accepted nuclear safety requirements.
Amendment 34
Proposal for a directive
Article 5
Member States shall inform the public about the procedures and the results of the surveillance activities on nuclear safety. They shall also ensure that the regulatory bodies effectively inform the public in the fields of their competence. Access to information shall be ensured, in accordance with relevant national and international obligations.
Member States shall inform the public and the Commission about the procedures and the results of the surveillance activities on nuclear safety and shall inform the public immediately in the event of any incident. They shall also ensure that the regulatory bodies effectively inform the public in the fields of their competence. Access to information shall be ensured, in accordance with relevant national and international obligations.
Amendment 35
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
1.  Member States shall respect the IAEA safety fundamentals (IAEA Safety Fundamentals: Fundamental safety principles, IAEA Safety Standard Series No. SF-1 (2006)). They shall observe the obligations and requirements incorporated in the Convention on Nuclear safety (IAEA INFCIRC 449 of 5 July 1994).
1.  For the siting, design, construction, operation and decommissioning of nuclear facilities, Member States shall apply those parts of the IAEA safety fundamentals (IAEA Safety Fundamentals: Fundamental safety principles, IAEA Safety Standard Series No. SF-1 (2006)), which are relevant to the creation of a Community framework for nuclear safety, as specified in the Annex. They shall apply the obligations and requirements incorporated in the Convention on Nuclear Safety1.
________________________________________________________________
1OJ L 318, 11.12.1999, p. 20 and OJ L 172, 6.5.2004, p. 7.
Amendment 36
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
They shall in particular ensure that the applicable principles laid down in the IAEA safety fundamentals are implemented to ensure a high level of safety in nuclear installations, including inter alia effective arrangements against potential radiological hazards, accident prevention and response, ageing management, long term management of all produced radioactive materials and information of the population and the authorities of neighbouring States.
deleted
Amendment 37
Proposal for a directive
Article 6 – paragraph 2
2.  As regards the safety of new nuclear power reactors Member States shall aim to develop additional safety requirements, in line with the continuous improvement of safety on the basis of the safety levels developed by the Western European Nuclear Regulators' Association (WENRA) and in close collaboration with the European High Level Group on Nuclear Safety and Waste Management.
2.  For the licensing of construction of new nuclear power reactors Member States shall aim to develop additional safety requirements, reflecting the continuous improvement of the operating experience of existing reactors, insight gained from safety analyses for operating plants, state of the art methodologies and technology and results of safety research.
Amendment 38
Proposal for a directive
Article 6 – paragraph 2 a (new)
2a.  The Commission shall ensure that all third countries that wish to enter or are in the process of negotiating their accession to the EU comply, as a minimum, with the standards set out in this Directive and the principles in the Annex, as set by the IAEA.
Amendment 39
Proposal for a directive
Article 7 – title
Obligations of licence holders
Responsibilities of licence holders
Amendment 40
Proposal for a directive
Article 7 – paragraph – -1 (new)
-1.  Member States shall ensure that the prime responsibility for the safety of nuclear installations, throughout the lifetime of the nuclear installations, shall rest with the holder of the licence. This responsibility of the licence holder cannot be delegated.
Amendment 41
Proposal for a directive
Article 7 – paragraph 1
1.  Licence holders shall design, construct, operate and decommission their nuclear installations in accordance with the provisions set out in Article 6(1) and (2).
1.  Member States shall ensure that licence holders are responsible for the design, construction, operation and decommissioning of their nuclear installations in accordance with the provisions set out in Article 6.
Amendment 42
Proposal for a directive
Article 7 – paragraph 2
2.  Licence holders shall establish and implement management systems which shall be regularly verified by the regulatory body.
2.  Member States shall ensure that licence holders establish and implement management systems which are regularly verified by the regulatory body.
Amendment 44
Proposal for a directive
Article 7 – paragraph 3 a (new)
3a.  Member States shall ensure that the regulatory body assess regularly the sufficiency and qualifications of the staff of the licence holder, as a prerequisite for ensuring nuclear safety, on the basis of a report presented by the licence holder on the evaluation of employment issues such as health and safety and the safety culture, qualifications and training, numbers of staff employed and use of subcontractors.
Amendment 45
Proposal for a directive
Article 7 – paragraph 3 b (new)
3b.  The relevant regulatory authorities shall, every three years, present to the Commission and the European social partners a report on nuclear safety and safety culture. The Commission, in consultation with the European social partners, may propose improvements to ensure nuclear safety including health protection at the highest possible level in the EU.
Amendment 46
Proposal for a directive
Article 8 – paragraph 1
1.  Nuclear safety assessments, investigations, controls and, where necessary, enforcement actions shall be carried out by the regulatory body in nuclear installations throughout their lifetime, including during decommissioning.
deleted
Amendment 47
Proposal for a directive
Article 8 – paragraph 2
2.  The regulatory body shall have the power to withdraw the operating licence in case of serious or repeated safety rules breaches in the nuclear installation.
deleted
Amendment 48
Proposal for a directive
Article 8 – paragraph 3
3.  The regulatory body shall have the power to order the suspension of operations of any nuclear plant if it deems that safety is not fully guaranteed.
deleted
Amendment 49
Proposal for a directive
Article 9
Appropriate education and training opportunities for continuous theoretical and practical training in nuclear safety shall be made available by Member States separately and through trans-national cooperation.
In order to build adequate national human resources and preserve nuclear knowledge, Member States shall ensure that education and training opportunities for basic and continuous theoretical and practical training in nuclear safety, including exchange programmes, are made available by Member States and,if necessary, through transnational cooperation.
Amendment 50
Proposal for a directive
Article 10
Article 10
deleted
Priority to safety
Member States may lay down more stringent safety measures than those laid down in this Directive.
Amendment 51
Proposal for a directive
Article 11
Member States shall submit a report to the Commission on the implementation of this Directive by [three years after the entry into force] at the latest, and every three years thereafter. On the basis of the first report, the Commission shall present a report to the Council on progress made with the implementation of this Directive, accompanied, if appropriate, by legislative proposals.
Member States shall report to the Commission on the implementation of this Directive at the same time and frequency as for their national reports under review meetings of the Convention of the Nuclear Safety. On the basis of this report, the Commission shall present a report to the European Parliament and the Council on progress made with the implementation of this Directive, accompanied, if appropriate, by legislative proposals.
Amendment 52
Proposal for a directive
Article 12 – paragraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two years after the date referred to in Article 13] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [two years after the date referred to in Article 13] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 53
Proposal for a directive
Annex (new)
Annex
SAFETY OBJECTIVE
The fundamental safety objective is to protect workers and the general public from harmful effects of ionising radiation, which may be caused by nuclear installations.
1.  To ensure the protection of workers and the general public, nuclear installations shall be operated so as to achieve the highest standards of safety that can reasonably be achieved taking into account economic and social factors.
In addition to the measures concerning health protection, laid down in the Euratom Basic Standards (Directive 96/29/Euratom), the following measures shall be taken:
- restriction of the likelihood of events that might lead to a loss of control over a nuclear reactor core, nuclear chain reaction, radioactive source and
- mitigation of the consequences of such events if they were to occur.
2.  The fundamental safety objective shall be taken into account for all nuclear installations and for all stages over the lifetime of the nuclear installation.
SAFETY PRINCIPLES
Principle 1: Responsibility for safety
Each Member State shall ensure that the prime responsibility for the safety of a nuclear installation rests with the holder of the relevant licence and shall take the appropriate steps to ensure that all such licence holders meet their responsibility.
1.1  Each Member State shall ensure that the licence holder has implemented provisions for:
- establishing and maintaining the necessary competences;
- providing adequate training and information;
- establishing procedures and arrangements to maintain safety under all conditions;
- verifying appropriate design and the adequate quality of nuclear installations;
- ensuring the safe control of all radioactive material that is used, produced or stored;
- ensuring the safe control of all radioactive waste that is generated
to fulfil the responsibility for the safety of a nuclear installation.
These responsibilities shall be fulfilled in accordance with applicable safety objectives and requirements as established or approved by the regulatory body, and their fulfilment shall be ensured through the implementation of a management system.
Principle 2: Leadership and management for safety
Effective leadership and management for safety must be established and sustained in all organisations concerned with nuclear safety.
2.1  Leadership in safety matters shall be demonstrated at the highest levels in an organisation. An effective management system shall be implemented and maintained, integrating all elements of management so that requirements for safety are established and applied coherently with other requirements, including those relating to human performance, quality and security, and so that safety is not compromised by other requirements or demands.
The management system also shall ensure the promotion of a safety culture, the regular assessment of safety performance and the application of lessons learned from experience.
2.2  A safety culture that governs the attitudes and behaviour in relation to safety of all organisations and individuals concerned shall be integrated into the management system. Safety culture includes:
- individual and collective commitment to safety on the part of the leadership, the management and personnel at all levels;
- accountability of organisations and of individuals at all levels for safety;
- measures to encourage a questioning and learning attitude and to discourage complacency with regard to safety.
2.3  The management system shall recognise the entire range of interactions of individuals at all levels with technology and with organisations. To prevent safety, significant human, and organisational failures, human factors shall be taken into account and good performance and good practices shall be supported.
Principle 3: Assessment of Safety
Comprehensive and systematic safety assessments shall be carried out before the construction and commissioning of a nuclear installation and throughout its lifetime. A graded approach shall be used taking in account the magnitude of the potential risks arising from the nuclear installation.
3.1  The regulatory body shall require an assessment on nuclear safety for all nuclear installations, consistent with a graded approach. This safety assessment shall involve the systematic analysis of normal operation and its effects, of the ways in which failures might occur and of the consequences of such failures. The safety assessments shall cover the safety measures necessary to control the hazard, and the design and engineered safety features shall be assessed to demonstrate that they fulfil the safety functions required of them. Where control measures or operator actions are called on to maintain safety, an initial safety assessment shall be carried out to demonstrate that the arrangements made are robust and that they can be relied on. An authorisation for a nuclear installation shall only be granted by a Member State once it has been demonstrated to the satisfaction of the regulatory body that the safety measures proposed by the licence holder are adequate.
3.2  The required safety assessment shall be repeated in whole or in part as necessary later in the conduct of operations in order to take into account changed circumstances (such as the application of new standards or scientific and technological developments), the feedback of operating experience, modifications and the effects of ageing. For operations that continue over long periods of time, assessments shall be reviewed and repeated as necessary. Continuation of such operations shall be subject to these reassessments demonstrating that the safety measures remain adequate.
3.3  Within the required safety assessment precursors to accidents (an initiating event that could lead to accident conditions) shall be identified and analysed, and measures shall be taken to prevent the occurrence of accidents.
3.4  To further enhance safety, processes shall be put in place for the feedback and analysis of operating experience in own and other facilities, including initiating events, accident precursors, "near misses", accidents and unauthorised acts, so that lessons may be learned, shared and acted upon.
Principle 4: Optimisation of safety
Member States shall ensure that nuclear installations are optimised to provide the highest level of safety that can reasonably practicable be achieved without unduly limiting their operation.
4.1  The optimisation of safety shall require judgements to be made about the relative significance of various factors, including:
- the likelihood of the occurrence of foreseeable events and the resulting consequences;
- the magnitude and distribution of radiation doses received;
- economic, social and environmental factors arising from the radiation risks.
The optimisation of safety also means using good practices and common sense as far as is practical in day to day activities.
Principle 5: Prevention and mitigation
Member States shall ensure that all practical efforts are made to prevent and mitigate nuclear incidents and accidents in its nuclear installations.
5.1  Each Member State shall ensure, that the licence holders engage all practical efforts
- to prevent the occurrence of abnormal conditions or incidents that could lead to a loss of control;
- to prevent the escalation of any such abnormal conditions or incidents that do occur; and
- to mitigate any harmful consequences of an accident.
by implementing "defence in depth".
5.2  The application of the defence in depth concept shall ensure that no single technical, human or organisational failure could lead to harmful effects, and that the combinations of failures that could give rise to significant harmful effects are of very low probability.
5.3  Defence in depth shall be implemented through the combination of a number of consecutive and independent levels of protection that would all have to fail before harmful effects could be caused to workers or the general public. The levels of defence in depth shall include:
- an adequate site selection
- an adequate design of the nuclear installation, consisting of:
High quality of design and construction
High reliability of components and equipment
Control, limiting and protection systems and surveillance features;
- an adequate organisation with:
An effective management system with a strong management commitment to safety culture
Comprehensive operational procedures and practices
Comprehensive accident management procedures
Emergency preparedness arrangements.
Principle 6: Emergency preparedness and response
Members States shall ensure that arrangements are made for emergency preparedness and response for nuclear installations accidents according to Directive 96/29/Euratom.

Community control system for ensuring compliance with the rules of the Common Fisheries Policy *
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European Parliament legislative resolution of 22 April 2009 on the proposal for a Council regulation establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (COM(2008)0721 – C6-0510/2008 – 2008/0216(CNS))
P6_TA(2009)0255A6-0253/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0721),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0510/2008),

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

–   having regard to the report of the Committee on Fisheries and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0253/2009),

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 regulation
Recital 4
(4)  Currently control provisions are spread in a wide number of overlapping and complex legal texts. Some parts of the control system are poorly implemented by Member States which results in insufficient and divergent measures in response to infringements of the rules of the Common Fisheries Policy thereby undermining the creation of a level playing field for fishermen across the Community. Accordingly the existing regime and all the obligations therein should be consolidated, rationalised and simplified, in particular through reduction of double regulation and administrative burdens.
(4)  Currently control provisions are spread in a wide number of overlapping and complex legal texts. Some parts of the control system are poorly implemented by Member States, and the Commission has not proposed all of the necessary implementing regulations needed for Regulation (EEC) No 2847/93. The result is insufficient and divergent measures in response to infringements of the rules of the Common Fisheries Policy thereby undermining the creation of a level playing field for fishermen across the Community. Accordingly the existing regime and all the obligations therein should be consolidated, rationalised and simplified, in particular through reduction of double regulation and administrative burdens.
Amendment 2
Proposal for a regulation
Recital 14 a (new)
(14a)  The Common Fisheries Policy covers the conservation, management and exploitation of living aquatic resources, so that all types of activities that exploit such resources are treated on an equal basis, whether they be commercial or non-commercial. It would be discriminatory to subject commercial fisheries to strict controls and limits while largely exempting non-commercial fisheries.
Amendment 3
Proposal for a regulation
Recital 19
(19)  Control activities and methods should be based on risk management using cross-checking procedures in a systematic and comprehensive way.
(19)  Control activities and methods should be based on risk management using cross-checking procedures in a systematic and comprehensive way by Member States. It is also necessary for Member States to exchange relevant information.
Amendment 4
Proposal for a regulation
Recital 24
(24)  An integrated maritime surveillance network should be established between surveillance, monitoring, identification and tracking systems operated for the purposes of maritime security and safety, protection of the marine environment, fisheries control, border control, general law enforcement, and trade facilitation. The network shall have the ability to continuously make available information on activities in the maritime domain in order to support a timely decision process. In turn this would allow, the public authorities engaged in surveillance activities to provide a more effective and cost efficient service. To this end Automatic Identification Systems, Vessel Monitoring Systems as referred to in Commission Regulation (EC) No 2244/2003 of 18 December 2003, laying down detailed provisions regarding satellite-based vessel monitoring systems and Vessel Detection Systems data collected in the framework of this Regulation should be transmitted and used by other public authorities engaged in the surveillance activities above mentioned.
(24)  An integrated maritime surveillance network should be established between surveillance, monitoring, identification and tracking systems operated for the purposes of maritime security and safety, protection of the marine environment, fisheries control, border control, general law enforcement, and trade facilitation, geared to the different situations in the Member States. The network shall have the ability to continuously make available information on activities in the maritime domain in order to support a timely decision process. In turn this would allow, the public authorities engaged in surveillance activities to provide a more effective and cost efficient service. To this end Automatic Identification Systems, Vessel Monitoring Systems as referred to in Commission Regulation (EC) No 2244/2003 of 18 December 2003, laying down detailed provisions regarding satellite-based vessel monitoring systems and Vessel Detection Systems data collected in the framework of this Regulation should be transmitted and used by other public authorities engaged in the surveillance activities above mentioned.
Amendment 5
Proposal for a regulation
Recital 29
(29)  Powers should be conferred to the Commission to close a fishery when the quota of a Member State or a TAC itself is exhausted. The Commission should also be empowered to deduct quotas and refuse quota transfers or quota exchanges to ensure the achievement of the objectives of the Common Fisheries Policy by the Member States.
(29)  Powers should be conferred to the Commission to close a fishery when the quota of a Member State or a TAC itself is exhausted.
Amendment 6
Proposal for a regulation
Recital 34
(34)  The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. All measures adopted by the Commission to implement this Regulation will comply with the proportionality principle.
(34)  The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission, as amended by Council Decision 2006/512/EC of 17 July 2006. All measures adopted by the Commission to implement this Regulation will comply with the proportionality principle.
Amendment 7
Proposal for a regulation
Recital 39
(39)  In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of ensuring the effective implementation of the Common Fisheries Policy to establish a comprehensive and uniform system of controls. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty.
(39)  In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of ensuring the effective implementation of the Common Fisheries Policy to establish a comprehensive and uniform system of controls, taking account of the fact that small-scale and artisanal fisheries clearly differ from industrial, subsistence and recreational fisheries and that a system of control regulations should reflect these differences in an appropriate manner. This Regulation does not go beyond what is necessary in order to achieve the objectives pursued, in accordance with the third paragraph of Article 5 of the Treaty.
Amendment 8
Proposal for a regulation
Article 1
This Regulation establishes a Community system for control, monitoring, surveillance, inspection, and enforcement (hereinafter to be referred to as "Community control system") of the rules of the Common Fisheries Policy.
This Regulation establishes a Community system for control, with the aim of ensuring compliance with the rulesof the Common Fisheries Policy.
Amendment 9
Proposal for a regulation
Article 4 – point 1
(1)  "Fishing activity" means searching for fish, shooting, setting, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring and caging of fish and fishery products;
(1)  "Fishing activity" means searching for fish, shooting, setting, hauling of a fishing gear, taking catch on board, transhipping, retaining on board, landing, processing on board, transferring, caging and fattening of fish and fishery products;
Amendment 10
Proposal for a regulation
Article 4 – point 6 a (new)
(6a)  "Serious infringement" means those activities listed in Article 42(1) of Council Regulation (EC) No 1005/2008;
Amendment 11
Proposal for a regulation
Article 4 – point 7 a (new)
(7a) "Recreational Fisheries" means non-commercial fishing activities exploiting living aquatic resources for recreation or sport and including, inter alia, recreational angling, sports fishing, sports tournaments and other forms of recreational fishing;
Amendment 12
Proposal for a regulation
Article 4 – point 8
(8)  "Fishing authorisation" means a fishing authorisation issued in respect of a Community fishing vessel in addition to its fishing licence, entitling it to carry out fishing activities in Community waters in general and/or specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;
(8)  "Fishing authorisation" means a fishing authorisation issued in respect of a Community fishing vessel in addition to its fishing licence, entitling it to carry out fishing activitiesand/or specific fishing activities during a specified period, in a given area or for a given fishery under specific conditions;
Amendment 13
Proposal for a regulation
Article 4 – point 17
(17)  "Processing" means the process by which the presentation was prepared.It includes cleaning, filleting, icing, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;
(17)  "Processing" means the process by which the presentation was prepared.It includes filleting, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;
Amendment 14
Proposal for a regulation
Article 5 – paragraph 1
1.  Member States shall control the activities carried out by any natural or legal person within the scope of the Common Fisheries Policy on their territory and within waters subject to their sovereignty or jurisdiction, in particular fishing, transhipments, transfer of fish to cages or aquaculture installations including fattening installations, landing, import, transport, marketing and storage of fishery products.
1.  Member States shall control the activities carried out by any natural or legal person within the scope of the Common Fisheries Policy on their territory and within waters subject to their sovereignty or jurisdiction, in particular fishing, aquaculture activities, transhipments, transfer of fish to cages or aquaculture installations including fattening installations, landing, import, transport, marketing and storage of fishery products.
Amendment 15
Proposal for a regulation
Article 5 – paragraph 4
4.  Each Member State shall ensure that control, inspection, monitoring, surveillance and enforcement is carried out on a non-discriminatory basis as regards the sectors, vessels or persons chosen for inspection, and on the basis of risk management.
4.  Each Member State shall ensure that control, inspection, monitoring, surveillance and enforcement is carried out on a non-discriminatory basis as regards sectors, vessels or persons, and on the basis of risk management.
Amendment 16
Proposal for a regulation
Article 6 – paragraph 3
3.  The flag Member State shall suspend temporarily the fishing licence of a vessel which is subject to temporary immobilisation decided by that Member State and which has had its fishing authorisation suspended in accordance with Article 45 paragraph 1 d) of Regulation (EC) No 1005/2008.
3.  The flag Member State shall suspend temporarily the fishing licence of a vessel which is subject to temporary immobilisation decided by that Member State and which has had its fishing authorisation suspended in accordance with Article 45(4) of Regulation (EC) No 1005/2008.
Amendment 17
Proposal for a regulation
Article 6 – paragraph 4
4.  The flag Member State shall withdraw permanently the fishing licence-of a vessel which is the subject of a capacity adjustment measure referred to in Article 11(3) of Regulation (EC) No 2371/2002 or which has had its fishing authorisation withdrawn in accordance with article 45 (1) (d) of Regulation (EC) No 1005/2008.
4.  The flag Member State shall withdraw permanently the fishing licence-of a vessel which is the subject of a capacity adjustment measure referred to in Article 11(3) of Regulation (EC) No 2371/2002 or which has had its fishing authorisation withdrawn in accordance with Article 45 (4) of Regulation (EC) No 1005/2008.
Amendment 18
Proposal for a regulation
Article 7 – paragraph 1 – point f
f) fishing activities with bottom gears in areas not under the responsibility of a Regional Fisheries Management Organisation;
f) fishing activities with bottom gears in international waters not under the responsibility of a Regional Fisheries Management Organisation; a list shall be drawn up of the gears referred to in this provision;
Amendment 19
Proposal for a regulation
Article 9 – paragraph 2
2.  A fishing vessel exceeding10 meters length overall shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified through the Vessel Monitoring System by transmitting position data at regular intervals.It shall also allow the Fisheries Monitoring Centre of the flag Member State to poll the fishing vessel.For vessels exceeding 10 meters length and up to 15 meters length overall this paragraph shall apply as from 1 January 2012.
2.  A fishing vessel exceeding10 meters length overall shall have installed on board a fully functioning device which allows that vessel to be automatically located and identified through the Vessel Monitoring System by transmitting position data at regular intervals.It shall also allow the Fisheries Monitoring Centre of the flag Member State to poll the fishing vessel.For vessels exceeding 10 meters length and up to 15 meters length overall this paragraph shall apply as from 1 July 2013.
Amendment 20
Proposal for a regulation
Article 9 – paragraph 2 a (new)
2a.  Financial assistance for the installation of Vessel Monitoring System devices shall be eligible for funding under Article 8(a) of Regulation (EC) No 861/2006. Co-financing from the Community budget shall be at the rate of 80%.
Amendment 21
Proposal for a regulation
Article 9 – paragraph 6 – point a
a) operate exclusively within the territorial seas of the flag Member State or
a) operate exclusively within the territorial seas of the flag Member State and
Amendment 22
Proposal for a regulation
Article 11 – paragraph 2
2.  The Commission may require a Member State to use a Vessel Detection System for a given fishery and at a given time.
2.  The Commission, after providing documentary justification by submitting evidence of failure to comply with control measures or scientific reports, may require a Member State to use a Vessel Detection System for a given fishery and at a given time.
Amendment 23
Proposal for a regulation
Article 14 – paragraph 3
3.  The permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on board shall be 5 %.
3.  The permitted margin of tolerance in estimates recorded in the logbook of the quantities in kilograms of fish retained on board shall be 10 %.
Amendment 24
Proposal for a regulation
Article 15 – paragraph 1 a (new)
1a.  Financial assistance for the installation of electronic logbooks shall be eligible for funding under Article 8(a) of Regulation (EC) No 861/2006. Co-financing from the Community budget shall be at the rate of 80%.
Amendment 25
Proposal for a regulation
Article 15 – paragraph 2
2.  Paragraph 1 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 1 January 2012. Community vessels up to 15 meters length overall may be exempted from paragraph 1 if they:
2.  Paragraph 1 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 1 July 2013. Community vessels up to 15 meters length overall may be exempted from paragraph 1 if they:
a) operate exclusively within the territorial seas of the flag Member State, or
a) operate exclusively within the territorial seas of the flag Member State, and
b) never spend more than 24 hours at sea taken from the time of departure to the return to port.
b) never spend more than 24 hours at sea taken from the time of departure to the return to port.
Amendment 26
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1.  Without prejudice to specific provisions contained in multiannual plans, masters of Community fishing vessels or their representatives shall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 4 hours before the estimated time of arrival at the port, unless the competent authorities have given permission for an earlier entry, of the following information:
1.  Without prejudice to specific provisions contained in multiannual plans, masters of Community fishing vessels or their representatives having species on board which are subject to catch or effort limitsshall notify the competent authorities of the Member State whose port or landing facilities they wish to use at least 4 hours before the estimated time of arrival at the port, unless the competent authorities have given permission for an earlier entry, of the following information:
Amendment 27
Proposal for a regulation
Article 17 – paragraph 1 – point d
d) dates of the fishing trip and the areas in which the catches were taken;
d) dates of the fishing trip and the areas in which the catches were taken; the area shall be to the same level of detail as under Article 14(1);
Amendment 28
Proposal for a regulation
Article 17 – paragraph 1 – point f
f) the quantities of each species retained on board, including zero catches returns;
f) the quantities of each species retained on board;
Amendment 29
Proposal for a regulation
Article 17 – paragraph 4
4.  The Commission, in accordance with the procedure referred to in Article 111, may exempt certain categories of fishing vessels from the obligation set out in paragraph 1 for a limited period, which may be renewed, or make provision for another notification period taking into account, inter alia, the type of fishery products, the distance between the fishing grounds, landing places and ports where the vessels in question are registered.
4.  The Council, on a proposal from the Commission, may set, for certain categories of fishing vessels, another notification period for the obligation laid down in paragraph 1 taking into account, inter alia, the type of fishery products, the distance between the fishing grounds, landing places and ports where the vessels in question are registered.
Amendment 30
Proposal for a regulation
Article 17 – paragraph 4 a (new)
4a.  The competent authorities of the Member State whose port or landing facilities the master of a fishing vessel wishes to use, having made a request to do so at least four hours prior to the estimated time of arrival at the port shall, within two hours of receiving the request, give permission accordingly.
Amendment 31
Proposal for a regulation
Article 19 – paragraph 3
3.  The transhipment declaration shall indicate the quantity of fishery products by species that has been transhipped, the date and place of each catch, the names of the vessels involved and the ports of transhipment and destination. Masters of both the vessels involved shall be held responsible for the accuracy of such declarations.
3.  The transhipment declaration shall indicate the quantity of fishery products by species that has been transhipped, the date and place of each catch, the names of the vessels involved and the ports of transhipment and destination. Masters of both the vessels involved shall be held responsible for the accuracy of such declarations. The area shall be to the same level of detail as under Article 14(1).
Amendment 32
Proposal for a regulation
Article 19 – paragraph 4
4.  The Commission, in accordance with the procedure referred to in Article 111, may exempt certain categories of fishing vessels from the obligation laid down in paragraph 1 for a limited and renewable period, or make provision for another notification period taking into account, inter alia, the type of fishery products and the distance between the fishing grounds, landing places and ports where the vessels in question are registered.
deleted
Amendment 33
Proposal for a regulation
Article 20 – paragraph 4
4.  When giving the authorisation to land, the competent authorities shall assign a unique landing number (ULN) to the landing and inform the master of the vessel thereof. If the landing is interrupted, permission shall be required before the landing recommences.
deleted
Amendment 34
Proposal for a regulation
Article 21 – paragraph 2
2.  Without prejudice to specific provisions contained in multiannual plans, the master or his representative of a Community fishing vessel exceeding 10 meters length overall shall transmit landing declaration data by electronic means to the competent authorities of the flag Member State within 2 hours after completion of the landing.
2.  Without prejudice to specific provisions contained in multiannual plans, the master or his representative of a Community fishing vessel exceeding 10 meters length overall shall transmit landing declaration data by electronic means to the competent authorities of the flag Member State within 6 hours after completion of the landing.
Amendment 35
Proposal for a regulation
Article 21 – paragraph 4
4.  Paragraph 2 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 1 January 2012. Community vessels up to 15 meters length overall may be exempted from the application of paragraph 2 if they:
4.  Paragraph 2 shall apply to Community fishing vessels exceeding 15 meters length and up to 24 meters length overall as from 1 July 2011, and to Community fishing vessels exceeding 10 meters length and up to 15 meters length overall as from 1 July 2013. Community vessels up to 15 meters length overall may be exempted from the application of paragraph 2 if they:
a) operate exclusively within the territorial seas of the flag Member State, or
a) operate exclusively within the territorial seas of the flag Member State, and
b) never spend more than 24 hours at sea taken from the time of departure to the return to port.
b) never spend more than 24 hours at sea taken from the time of departure to the return to port.
Amendment 36
Proposal for a regulation
Article 21 – paragraph 5
5.  For vessels exempted from the requirement set out in paragraph 2, the master, or his representative, shall record upon landing and submit as soon as possible and not later than 24 hours after landing, a landing declaration to the competent authorities of the Member State where the landing has taken place.
5.  For vessels exempted from the requirement set out in paragraph 2, the master, or his representative, shall record upon landing and submit as soon as possible and not later than 24 hours after landing, a landing declaration to the competent authorities of the Member State where the landing has taken place, which shall forward it without delay to the flag Member State.
Amendment 37
Proposal for a regulation
Article 23 – paragraph 1
1.  Each Member State shall record all relevant data on fishing opportunities as referred to in this Chapter, expressed both in terms of catches and fishing effort, and shall keep the originals of that data for a period of three years or longer in accordance with national rules.
1.  Each Member State shall record all relevant data on fishing opportunities as referred to in this Chapter, expressed both in terms of catches, discards and fishing effort, and shall keep the originals of that data for a period of three years or longer in accordance with national rules. The data in electronic format shall be kept for a minimum of ten years.
Amendment 38
Proposal for a regulation
Article 23 – paragraph 3
3.  All catches of a stock or a group of stocks subject to quota made by Community fishing vessels shall be charged against the quota applicable to the flag Member State for the stock or group of stocks in question, irrespective of the place of landing.
3.  All catches and discards of a stock or a group of stocks subject to quota made by Community fishing vessels shall be charged against the quota applicable to the flag Member State for the stock or group of stocks in question, irrespective of the place of landing.
Amendment 39
Proposal for a regulation
Article 26 – paragraph 3
3.  The decision referred to in paragraph 2 shall be made public by the Member State concerned and immediately communicated to the Commission and other Member States.It shall be published in the Official Journal of the European Union (C series). As from the date that the decision has been made public by the Member State concerned, Member States shall ensure that no retention on board, landings, cagings or transhipments of the relevant fish by vessels flying the flag of the Member State concerned take place in their waters and on their territory.
3.  The decision referred to in paragraph 2 shall be made public by the Member State concerned and immediately communicated to the Commission, which shall inform the other Member States. It shall be published in the Official Journal of the European Union (C series). As from the date that the decision has been made public by the Member State concerned, Member States shall verify, through the corresponding documentation, that no retention on board, landings, cagings or transhipments of the relevant fish caught, after the date of closure, by vessels flying the flag of the Member State concerned take place in their waters and on their territory.
Amendment 40
Proposal for a regulation
Article 28 – paragraph 3
3.  These deductions and the consequent allocations shall be made taking into account as a matter of priority the species and zones for which the fishing opportunities were fixed. They may be made during the year in which the prejudice occurred or in the succeeding year or years.
3.  These deductions and the consequent allocations shall be made taking into account as a matter of priority the species and zones for which the fishing opportunities were fixed. They may be made during the year in which the prejudice occurred or in the succeeding year.
Amendment 41
Proposal for a regulation
Article 28 a (new)
Article 28a
Transfer of unused quotas
1.  If all or part of the quotas for a Member State will not be used during the year in which they were granted, these quotas may be used, that same year, by other Member States. The Commission shall first of all inform the Member States concerned, asking them to confirm that they are not going to use these fishing opportunities. Following such confirmation, the Commission shall assess all the unused fishing opportunities and inform the Member States thereof, before taking the decision on their reallocation, in close cooperation with the Member States concerned.
2.  The transmission of applications in accordance with this Article shall in no way affect the allocation of fishing opportunities or their exchange among Member States, in accordance with Article 20 of Regulation (EC) No 2371/2002.
3.  Detailed rules for the application of this Article, and in particular those referring to the conditions for the use or transfer of quotas, shall be adopted in accordance with the procedure referred to in Article 111.
Amendment 42
Proposal for a regulation
Article 33
Article 33
Transhipments in port
Community fishing vessels engaged in fishing activities in the fisheries subject to a multiannual plan shall not transfer their catches on board of any other vessel or vehicle without previously landing their catches in order to be weighed in an auction centre or other body authorised by Member States.
deleted
Amendment 43
Proposal for a regulation
Article 34 – paragraph 4 a (new)
4a.  Member States may designate a port not meeting the criteria set out in paragraph 4 in order to avoid vessels having to sail for a distance greater than 50 miles to port.
Amendment 44
Proposal for a regulation
Article 37 – paragraph 2 – introductory part
2.  In fisheries in which it is allowed to have more than two types of gear on board, the gear which is not used shall be stowed so that it may not readily be used in accordance with the following conditions:
2.  In fisheries in which it is allowed to have more than one type of gear on board, the gear which is not used shall be stowed so that it may not readily be used in accordance with the following conditions:
Amendment 45
Proposal for a regulation
Article 41 – paragraph 1
1.  The master of a fishing vessel shall record all discards above 15 kg of live weight equivalents in volume and shall communicate, where possible by electronic means, this information without delay to its competent authorities.
1.  The master of a fishing vessel shall record all discards above 15 kg of live weight equivalents in volume per haul of gear and per trip, and shall communicate, where possible by electronic means, this information without delay to its competent authorities. The Commission shall consider a scheme to fit video-monitoring equipment for the purpose of ensuring compliance with this Regulation. Released fish in Recreational Fisheries shall not be considered to constitute discards or mortality for the purposes of this Regulation.
Amendment 46
Proposal for a regulation
Article 42
For vessels fitted with Vessel Monitoring System, Member States shall verify systematically that the information received at the Fisheries Monitoring Centre corresponds to activities recorded in the logbook by using Vessel Monitoring System data and where available to the data from observers. Such cross-checks shall be recorded in computer-readable format and kept for a period of three years.
For vessels fitted with Vessel Monitoring System, Member States shall verify systematically that the information received at the Fisheries Monitoring Centre corresponds to activities recorded in the logbook by using Vessel Monitoring System data and where available to the data from observers. Such cross-checks shall be recorded in computer-readable format and kept for a period of ten years.
Amendment 47
Proposal for a regulation
Chapter IV – section 4
Section 4
The whole of Section 4 is deleted.
Real time closure of fisheries
Amendment 48
Proposal for a regulation
Article 47 – paragraph 1
1.  Recreational fisheries on a vessel in Community waters on a stock subject to a multiannual plan shall be subject to an authorisation for that vessel issued by the flag Member State.
1.  Recreational Fisheries conducted from a vessel in Community marine waters on a stock subject to a multiannual recovery plan may be evaluated by the Member State in whose waters they are conducted. Fishing with rod and reel from shore shall not be included.
Amendment 49
Proposal for a regulation
Article 47 – paragraph 2
2.  Catches in recreational fisheries on stocks subject to a multiannual plan shall be registered by the flag Member State.
2.   Within two years of the date of entry into force of this Regulation, Member States may estimate the impact of Recreational Fisheries conducted in their waters and submit the information to the Commission. The relevant Member State and the Commission, on the basis of the advice of the Scientific, Technical and Economic Committee for Fisheries, shall decide which Recreational Fisheries are having a significant impact on stocks. For those fisheries having a significant impact, the Member State concerned, in close cooperation with the Commission, shall develop a monitoring system that is able to accurately estimate the total recreational catches from each stock. Recreational Fisheries shall comply with the objectives of the Common Fisheries Policy.
Amendment 50
Proposal for a regulation
Article 47 – paragraph 3
3.  Catches of species subject to a multiannual plan by recreational fisheries shall be counted against the relevant quotas of the flag Member State. The Member States concerned shall establish a share from such quotas to be used exclusively for the purpose of recreational fisheries.
3.  Where a Recreational Fishery is found to have a significant impact, catches shall be counted against the relevant quota of the flag Member State. The Member State may establish a share from such quota to be used exclusively for the purpose of that Recreational Fishery.
Amendment 51
Proposal for a regulation
Article 48 – paragraph 3
3.  Wherea minimum size has been fixed for a given species, operators responsible for selling, stocking or transporting must be able to prove the geographical origin of the products expressed by reference to a sub-area and division or sub-division, or where applicable statistical rectangle in which catch limits apply pursuant to Community legislation.
3.   Operators responsible for selling, stocking or transporting must be able to prove the geographical origin of the products expressed to the same level of detail as under Article 14(1).
Amendment 52
Proposal for a regulation
Article 50 – paragraph 2 – point d a (new)
da) the area of capture, to the same level of detail as under Article 14(1);
Amendment 53
Proposal for a regulation
Article 54 – paragraph 1
1.  Registered buyers, registered auctions or other bodies or persons which are responsible for the first marketing of fishery products landed in a Member State, shall submit electronically, within 2 hours after the first sale, a sales note to the competent authorities of the Member State in whose territory the first sale takes place. If this Member State is not the flag State of the vessel that landed the fish, it shall ensure that a copy of the sales note is submitted to the competent authorities of the flag Member State upon receipt of the relevant information. The accuracy of the sales note shall be the responsibility of these buyers, auctions, bodies or persons.
1.  Registered buyers, registered auctions or other bodies or persons which are responsible for the first marketing of fishery products landed in a Member State, shall submit electronically, within 6 hours after the first sale, a sales note to the competent authorities of the Member State in whose territory the first sale takes place. If this Member State is not the flag State of the vessel that landed the fish, it shall ensure that a copy of the sales note is submitted without delay to the competent authorities of the flag Member State upon receipt of the relevant information. The accuracy of the sales note shall be the responsibility of these buyers, auctions, bodies or persons.
Amendment 54
Proposal for a regulation
Article 55 – point e
e) the relevant name or FAO alpha code of each species and its geographical origin expressed by reference to a sub-area and division or sub-division in which catch limits apply pursuant to Community legislation;
e) the relevant name or FAO alpha code of each species and its geographical origin expressed to the same level of detail as under Article 14(1);
Amendment 55
Proposal for a regulation
Article 55 – point e a (new)
ea) the quantity of each species in kilograms live weight;
Amendment 56
Proposal for a regulation
Article 63 – paragraph 6
6.  All costs arising from the operation of observers under this Article shall be borne by the flag Member States. Member States may charge those costs, in part or in full, to the operators of the vessels flying their flags involved in the relevant fishery.
6.  All costs arising from the operation of observers under this Article shall be borne by the flag Member States and the Commission.
Amendment 57
Proposal for a regulation
Article 69
Member States shall set up and keep up to date an electronic database where they upload all inspection and surveillance reports drawn up by their officials.
Member States shall set up and keep up to date an electronic database where they upload all inspection and surveillance reports, including observer reports, drawn up by their officials.
Amendment 58
Proposal for a regulation
Article 78
The inspecting Member State may also transfer prosecution of the infringement to the competent authorities of the flag Member State or the Member State of registration or the Member State of which the offender is a citizen so long as this is done, with the agreement of the latter Member State and on condition that the transfer is more likely to achieve the result referred to in Article 81(2).
The inspecting Member State may also transfer prosecution of the infringement to the competent authorities of the flag Member State or the Member State of which the offender is a citizen so long as this is done, with the agreement of the latter Member State and on condition that the transfer is more likely to achieve the result referred to in Article 81(2).
Amendment 59
Proposal for a regulation
Article 82 – paragraph 1
1.  Member States shall ensure that a natural person having committed or a legal person held liable for a serious infringement is punishable by effective, proportionate and dissuasive administrative sanctions, in accordance with the range of sanctions and measures provided for in Chapter IX of Regulation (EC) No 1005/2008.
1.  Member States shall ensure that a natural person having committed or a legal person held liable for a serious infringement is, in principle, punished by effective, proportionate and dissuasive administrative sanctions, in accordance with the range of sanctions and measures provided for in Chapter IX of Regulation (EC) No 1005/2008.
Amendment 61
Proposal for a regulation
Article 82 – paragraph 6 a (new)
6a.  Member States shall ensure that operators found liable for a serious infringement of the rules of the Common Fisheries Policy are precluded from benefiting from the European Fisheries Fund, Fisheries Partnership Agreements and other public aid. The sanctions provided for in this Chapter shall be accompanied by other sanctions or measures, in particular the repayment of public assistance or subsidies received by IUU vessels during the financing period concerned.
Amendment 62
Proposal for a regulation
Article 84 – paragraph 1
1.  Member States shall apply a penalty point system on the basis of which the holder of a fishing authorisation receives appropriate penalty points as a result of an infringement against the rules of the Common Fisheries Policy.
1.  Member States shall apply a penalty point system on the basis of which the holder of a fishing authorisation receives appropriate penalty points as a result of a serious infringement against the rules of the Common Fisheries Policy.
Amendment 63
Proposal for a regulation
Article 84 – paragraph 2
2.  When a natural person has committed or a legal person is held liable for an infringement of the rules of the Common Fisheries Policy, the appropriate number of points shall be assigned to the holder of the fishing authorisation as a result of the infringement. The holder of the fishing authorisation shall be entitled to review proceedings in accordance with national law.
2.  When a natural person has committed or a legal person is held liable for a serious infringement of the rules of the Common Fisheries Policy, the appropriate number of points shall be assigned to the holder of the fishing authorisation as a result of the serious infringement. The holder of the fishing authorisation shall be entitled to review proceedings in accordance with national law.
Amendment 64
Proposal for a regulation
Article 84 – paragraph 2 a (new)
2a.  As long as a holder of a fishing authorisation has been assigned penalty points, that holder shall be precluded from receiving Community subsidies and national public aid during that time.
Amendment 65
Proposal for a regulation
Article 84 – paragraph 4
4.  In the event of a serious infringement, the penalty points assigned shall be at least, equal to half of the points referred to in paragraph 3.
deleted
Amendment 66
Proposal for a regulation
Article 84 – paragraph 5
5.  If the holder of a suspended fishing authorisation does not commit, within three years from the date of the last infringement, another infringement, all points on the fishing authorisation shall be deleted.
5.  If the holder of a suspended fishing authorisation does not commit, within three years from the date of the last serious infringement, another serious infringement, all points on the fishing authorisation shall be deleted.
Amendment 67
Proposal for a regulation
Article 84 – paragraph 7
7.  Member States shall also establish a penalty point system under which the master and the officers of a vessel receive appropriate penalty points as a result of an infringement against the rules of the Common Fisheries Policy committed by them.
7.  Member States shall also establish a penalty point system under which the master or the captain of a vessel receive appropriate penalty points as a result of an infringement against the rules of the Common Fisheries Policy committed by them.
Amendment 68
Proposal for a regulation
Article 85 – paragraph 1
1.  Member States shall register in a national data base all infringements against rules of the Common Fisheries Policy, committed by vessels flying their flag or by their nationals, including the sanctions they incurred and the number of points assigned. Infringements of vessels flying their flag or by their nationals prosecuted in other Member States shall also be entered by Member States in their national data base on infringements, upon notification of the definitive ruling by the Member State having jurisdiction, pursuant to Article 82.
1.  Member States shall register in a national data base all infringements against rules of the Common Fisheries Policy, committed by those responsible for vessels flying their flag or by their nationals, including the sanctions they incurred and the number of points assigned. Infringements of vessels flying their flag or by their nationals prosecuted in other Member States shall also be entered by Member States in their national data base on infringements, upon notification of the definitive ruling by the Member State having jurisdiction, pursuant to Article 82.
Amendment 69
Proposal for a regulation
Article 85 – paragraph 3
3.  Where a Member State requests information from another Member State in relation to the prosecution of an infringement, that other Member State shall provide the relevant information on the fishing vessels and persons in question.
3.  Where a Member State requests information from another Member State in relation to the prosecution of an infringement, that other Member State shall provide the relevant information on the fishing vessels and persons in question without delay.
Amendment 70
Proposal for a regulation
Article 85 – paragraph 3 a (new)
3a.  Information on infringements committed and for which a conviction has been obtained by the fishing vessels and individuals in question will be available to the public via the public part of the website referred in Article 107.
Amendment 71
Proposal for a regulation
Article 91 – paragraph 4
4.  Officials of the Member State concerned shall be given the possibility to be present during the inspection and shall, at the request of the Commission officials, assist them to carry out their duties.
4.  Officials of the Member State concerned shall always be present during the inspection and shall, at the request of the Commission officials, assist them to carry out their duties.
Amendment 72
Proposal for a regulation
Article 95 – paragraph 1 – point a
α) the provisions of this Regulation have not been complied with as a result of an action or omission directly attributable to the Member State concerned, and that
deleted
Amendment 73
Proposal for a regulation
Article 96 – paragraph 1
1.  Where a Member State does not respect its obligations for the implementation of a multiannual plan, and where the Commission has reasons to believe that the non respect of those obligations is particularly detrimental to the stock concerned, the Commission may provisionally close the fisheries affected by those shortcomings.
1.  Where a Member State does not respect its obligations for the implementation of a multiannual plan, and where the Commission has evidence that the non respect of those obligations is particularly detrimental to the stock concerned, the Commission may provisionally close the fisheries affected by those shortcomings.
Amendment 74
Proposal for a regulation
Article 97 – paragraph 1 – introductory part
1.  When the Commission has established that a Member State has overfished its quota, allocation or share of a stock or a group of stocks available to it the Commission shall operate deductions in the following year or years from the annual quota, allocation or share of the Member State which has overfished by applying a multiplying factor according to the following table:
1.  When the Commission has established that a Member State has overfished its quota, allocation or share of a stock or a group of stocks available to it the Commission shall operate deductions in the following year from the annual quota, allocation or share of the Member State which has overfished by applying a multiplying factor according to the following table:
Amendment 75
Proposal for a regulation
Article 97 – paragraph 1 – table

Text proposed by the Commission

Extent of overfishing relative to the permitted landings

Multiplying factor

Up to 5%

Overfishing * 1.0

Over 5% up to 10 %

Overfishing * 1.1

Over 10% up to 20%

Overfishing * 1.2

Over 20% up to 40%

Overfishing * 1.4

Over 40% up to 50%

Overfishing * 1.8

Any further overfishing greater than 50%

Overfishing * 2.0

Amendment

Extent of overfishing relative to the permitted landings

Multiplying factor

The first 10%

Deduction = Overfishing x 1,00

The next 10% up to 20% in total

Deduction = Overfishing x 1,10

The next 20% up to 40% in total

Deduction = Overfishing x 1,20

Any further overfishing greater than 40%

Deduction = Overfishing x 1,40

Note: The percentage intervals shall be replaced by the intervals set in Article 5(2) of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas.

Amendment 76
Proposal for a regulation
Article 97 – paragraph 1 a (new)
1a.  If the quota, allocation or share of a stock or a group of stocks allocated to a Member State does not exceed 100 tonnes, the reduction for exceeding the quota shall be applied in a linear manner and not by percentage, except for species covered by a multiannual plan to which paragraph 1 shall apply.
Amendment 77
Proposal for a regulation
Article 97 – paragraph 2
2.  If a Member State has repeatedly overfished its quota, allocation or share of the stock or group of stocks over the previous two years, if the overfishing is particularly detrimental to the stock concerned or if the stock is subject to a multiannual plan, the multiplying factor referred to in paragraph 1 shall be doubled.
2.  If, over the previous two years, a Member State has repeatedly overfished its quota, allocation or share of a stock or group of stocks that is particularly sensitive to over-fishing or subject to a multiannual plan, the multiplying factor referred to in paragraph 1 shall be doubled.
Amendment 78
Proposal for a regulation
Article 97 – paragraph 3
3.  If a Member State takes catches from a stock subject to a quota for which it has no quota, allocation or share of a stock or a group of stocks available to it, the Commission may deduct in the following year or years quotas for other stocks or groups of stocks available to that Member State in accordance with paragraph 1.
deleted
Amendment 79
Proposal for a regulation
Article 98
Article 98
deleted
Deduction of quotas for failure to comply with the objectives of the Common Fisheries Policy
1.  Where there is evidence that rules on conservation, control, inspection or enforcement under the Common Fisheries Policy are not being complied with by a Member State and that this may lead to a serious threat to the conservation of living aquatic resources or the effective operation of the Community control and enforcement system, the Commission may operate deductions from the annual quotas, allocations or shares of a stock or group of stocks available to that Member State.
2.  The Commission shall inform in writing the Member State concerned of its findings and set a deadline of no more than 10 working days for the Member State to demonstrate that the fisheries can be safely exploited.
3.  The measures referred to in paragraph 1 shall only apply if the Member State fails to respond to this request of the Commission within the deadline given in paragraph 2 or if the response is considered unsatisfactory or is clearly indicative of the fact that the necessary measures have not been implemented.
4.  Detailed rules for the application of this article, and in particular for determining the quantities concerned, shall be adopted in accordance with the procedure referred to in Article 111.
Amendment 80
Proposal for a regulation
Article 100
Article 100
deleted
Refusal of quota exchanges
The Commission may exclude the possibility to exchange quotas according to Article 20 paragraph 5 of Regulation (EC) No 2371/2002:
a) for quotas for which there was an overfishing of more than 10% of the quotas available to one of the Member State concerned in one of the immediately preceding two years or
b) if the Member State concerned does not take appropriate measures to ensure a proper management of the fishing opportunities of the stocks concerned, in particular by not operating a computerized validation system as referred to in Article 102 or by insufficiently operating the systems providing the data for this validation system.
Amendment 81
Proposal for a regulation
Article 101 – paragraph 1
1.  If there is evidence, including based on the results of the sampling carried out by the Commission, that fishing activities and/or measures adopted by a Member State or Member States undermine the Common Fisheries Policy or threaten the marine eco-system and this requires immediate action, the Commission, at the substantiated request of any Member State or on its own initiative, may decide on emergency measures which shall last not more than one year. The Commission may take a new decision to extend the emergency measures for no more than six months.
1.  If there is evidence, including based on the results of the sampling carried out by the Commission, that fishing activities and/or measures adopted by a Member State or Member States undermine the Common Fisheries Policy or threaten the marine eco-system and this requires immediate action, the Commission, at the substantiated request of any Member State or on its own initiative, may decide on emergency measures which shall last not more than six months. The Commission may take a new decision to extend the emergency measures for no more than six months.
Amendment 82
Proposal for a regulation
Article 101 – paragraph 2 – point g
g) prohibition for fishing vessels flying the flag of the Member State concerned to fish in waters under the jurisdiction of other Member States;
g) prohibition for fishing vessels flying the flag of the Member State concerned to fish in waters under the jurisdiction of other Member States or of a third country, or on the high seas;
Amendment 83
Proposal for a regulation
Article 101 – paragraph 3
3.  A Member State shall communicate the request referred to in paragraph 1 simultaneously to the Commission and to the Member States concerned. The other Member States may submit their written comments to the Commission within five working days of receipt of the request. The Commission shall take a decision within 15 working days of receipt of the request.
3.  A Member State shall communicate the request referred to in paragraph 1 simultaneously to the Commission and to the Member States concerned. The other Member States may submit their written comments to the Commission within 15 working days of receipt of the request. The Commission shall take a decision within 15 working days of receipt of the request.
Amendment 84
Proposal for a regulation
Article 101 – paragraph 5
5.  The Member States concerned may refer the Commission decision to the Council within 10 working days of receipt of the notification.
5.  The Member States concerned may refer the Commission decision to the Council within 15 working days of receipt of the notification.
Amendment 85
Proposal for a regulation
Article 104 – paragraph 2
2.  The names of natural persons shall not be communicated to the Commission or to another Member State except in the case where such communication is expressly provided for in this Regulation or if it is necessary for the purposes of preventing or pursuing infringements or the verification of apparent infringements. The data referred to in paragraph 1 shall not be transmitted unless they are aggregated with other data in a form, which does not permit the direct or indirect identification of natural persons.
2.  Personal data shall not be communicated to the Commission or to another Member State except in the case where such communication is expressly provided for in this Regulation or if it is necessary for the purposes of preventing or pursuing infringements or the verification of apparent infringements. The data referred to in paragraph 1 shall not be transmitted unless they are aggregated with other data in a form, which does not permit the direct or indirect identification of natural persons.
Amendment 86
Proposal for a regulation
Article 105 – paragraph 1
1.  Member States and the Commission shall take all necessary steps to ensure that the data collected and received within the framework of this Regulation shall be treated in a confidential manner and shall respect all rules on professional and commercial secrecy of data.
1.  Member States and the Commission shall take all necessary steps to ensure that the data collected and received within the framework of this Regulation shall be treated in a confidential manner and shall respect all rules on professional and commercial secrecy of data, consistent with all applicable provisions laid down in Regulation (EC) No 45/2001 and Directive 95/46/EC.
Amendment 87
Proposal for a regulation
Article 105 – paragraph 4
4.  Data communicated in the framework of this Regulation to persons working for competent authorities, courts, other public authorities and the Commission or the body designated by it, the disclosure of which would undermine:
deleted
a) the protection of the privacy and the integrity of the individual, in accordance with Community legislation regarding the protection of personal data,
b) the commercial interests of a natural or legal person, including intellectual property,
c) court proceedings and legal advice or
d) the scope of inspections or investigations,
shall be permitted only if it is necessary to bring about the cessation or prohibition of an infringement of the rules of the Common Fisheries Policy and the authority communicating the information consents to its disclosure.
Amendment 88
Proposal for a regulation
Article 108 – paragraph 3
3.  For the secure part of its website, each Member State shall provide remote access to the Commission and the body designated by it. The Member State shall grant access to Commission officials based on electronic certificates generated by the Commission or the body designated by it.
3.  For the secure part of its website, each Member State shall provide remote access to the Commission and the body designated by it. The Member State shall grant access to Commission officials based on electronic certificates generated by the Commission or the body designated by it.
Third countries shall be provided with the information included in paragraphs 1(b), 1(d) and 1(f) for Community vessels that apply for licences to fish in their waters. The information shall be provided at the request of the third country concerned and without delay, on condition that the third country guarantees in writing the confidentiality of the information. The transfer of personal data under this provision shall be deemed to comply with Article 26(1)(d) of Directive 95/46/EC.
Amendment 89
Proposal for a regulation
Article 112
Regulation (EC) No 768/2005
Article 17a – paragraph 1 – introductory part
1.  Without prejudice to the enforcement powers conferred by the Treaty on the Commission, the Agency shall assist the Commission for the purpose of evaluating and controlling the application of the rules of the Common Fisheries Policy by the Member States. The Agency may undertake inspections of public authorities and private operators in the Member States. For this purpose it may, in compliance with the legal provisions of the Member State concerned,
1.  Without prejudice to the enforcement powers conferred by the Treaty on the Commission, the Agency shall assist the Commission for the purpose of evaluating and controlling the application of the rules of the Common Fisheries Policy by the Member States. The Agency may, using its own resources, undertake inspections of public authorities and private operators in the Member States. For this purpose it may, in compliance with the legal provisions of the Member State concerned,

Conservation of fisheries resources through technical measures *
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European Parliament legislative resolution of 22 April 2009 on the proposal for a Council regulation concerning the conservation of fisheries resources through technical measures (COM(2008)0324 – C6-0282/2008 – 2008/0112(CNS))
P6_TA(2009)0256A6-0206/2009

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0324),

–   having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0282/2008),

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

–   having regard to the report of the Committee on Fisheries (A6-0206/2009),

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 regulation
Recital 7 a (new)
(7a)  Given that both the homogeneous rules which are generally applicable in all areas and those applicable specifically on a regional basis are of similar importance for fisheries management, they should be adopted by the Council.
Amendment 2
Proposal for a regulation
Recital 12 a (new)
(12a)  As an additional clarification, in order to prevent future disputes due to the misinterpretation of rules, and in line with the approach recently introduced, the Commission should supplement the provisions of this Regulation by publishing an annex containing illustrations to explain the characteristics of fishing gear.
Amendment 3
Proposal for a regulation
Recital 13 a (new)
(13a)  It is necessary to prevent situations that cause distortions of competition or confusion among operators and consumers and that could lead to failure to comply with minimum sizes, and therefore the rules should also apply to products derived from imports. To this end, the Commission should submit, as soon as possible, a proposal to amend Council Regulation (EC) No 104/20001, in order to harmonise biological sizes with marketing sizes.
____________________________________
1Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (OJ L 17 21.1.2000, p. 22).
Amendment 4
Proposal for a regulation
Recital 15
(15)  A vessel must immediately move to another area when maximum by-catches are exceeded.
(15)   In order to ensure adequate protection for marine resources, protect breeding areas or sensitive areas and reduce discards, restrictions should be placed on fishing activity in certain areas and periods and with certain gear and attachments.
Amendment 5
Proposal for a regulation
Recital 17
(17)  Where conservation is seriously threatened, the Commission and Member States should be authorised to take appropriate provisional measures to be implemented in real time.
(17)  Where conservation is seriously threatened, the Commission, at its own initiative or at the substantiated request of the Member States, should be authorised to take appropriate provisional measures to be implemented in real time.
Amendment 6
Proposal for a regulation
Recital 19
(19)  The measures necessary for the implementation of this Regulation, including specific provisions for each area covered by a Regional Advisory Council, should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of the implementing powers conferred on the Commission.
(19)  The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of the implementing powers conferred on the Commission.
Amendment 7
Proposal for a regulation
Article 2 a (new)
Article 2a
Regional regulations
The Council, on a proposal from the Commission, shall, in accordance with the procedure laid down in Article 37 of the Treaty, adopt the measures applicable specifically in the various regions corresponding to the various Regional Advisory Councils (RACs).
Amendment 8
Proposal for a regulation
Article 3 - point b
(b) 'beam trawl' means a bottom trawl in which the horizontal opening of the net is provided by a beam;
(b) 'beam trawl' means a bottom trawl in which the horizontal opening of the net is provided by a beam, where a beam is a round pipe made out of steel supported by two slides; the construction is towed over the seabed;
Amendment 9
Proposal for a regulation
Article 3 - point e
(e) 'codend'means the last 8 m of the towed gear measured from the codline when the mesh size is equal or more than 80 mm and means the last 20 m of the towed gear measured from the codline when mesh size is less than 80 mm;
(e) 'codend'means the last 6 m of the towed gear measured from the codline when the mesh size is equal or more than 80 mm and means the last 20 m of the towed gear measured from the codline when mesh size is less than 80 mm;
Amendment 10
Proposal for a regulation
Article 4 - paragraph 3 a (new)
3a.  In the case of small pelagics (sardine, anchovy, horse mackerel and mackerel) the possibility for 10% of catches to be made up of undersized fish shall be maintained.
Amendment 11
Proposal for a regulation
Article 5
One net rule
Combinations of nets
It shall be prohibited to carry on board, during any fishing voyage, any combination of nets of more than one range of mesh size.
1.  The Council, on a proposal from the Commission, shall regulate cases where vessels may carry on board one or more than one combination of nets of more than one range of mesh size during the same fishing voyage.
2.  These criteria shall take account of:
(a) the distance between the home port of the vessel concerned and the fishing area;
(b) the degree to which the fishery being practised is a multi-species fishery and the economic importance of secondary species by comparison with the target species;
(c) whether any of the fishing operations during a particular voyage are carried out using a net with a mesh size larger than those provided for in this Regulation.
3.  The content of this Article shall be regulated within the framework laid down in Article 2a of this Regulation.
Amendment 12
Proposal for a regulation
Article 6 - paragraph 2 - point a
(a) attach, when fishing with towed gear with a mesh size less than 80 mm, to the outside of the codend a strengthening bag. The mesh size of the strengthening bag shall be at least twice as large as that of the codend;
(a) attach, to the outside of the cod end a strengthening bag. The mesh size of the strengthening bag shall be at least twice as large as that of the cod end;
Amendment 13
Proposal for a regulation
Article 6 - paragraph 2 - point b a (new)
(ba) use strengthening bags on the outside of the codend on vessels licensed for trawl nets with a mesh size equal to or larger than 60 mm in ICES zones VIII, IX and X;
Amendment 14
Proposal for a regulation
Article 6 - paragraph 3 - point d
(d) any towed gear with a mesh size equal to or larger than 80 mm having more than 100 open meshes and less than 40 open meshes in any circumference of the codend, excluding the joining or the selvedges;
deleted
Amendment 15
Proposal for a regulation
Article 6 - paragraph 4
4.  By way of derogation from paragraphs (2)(a), (3)(b), (3)(d) and (3)(e), the mesh size of 80 mm shall be replaced by 60 mm when fishing in ICES zones VIII, IX and X.
deleted
Amendment 16
Proposal for a regulation
Article 8 - paragraph 2
2.  The immersion time of gillnets and trammel nets shall not exceed 48 hours.
2.  The immersion time of gillnets and trammel nets shall not exceed 24 hours.
Amendment 17
Proposal for a regulation
Article 8 - paragraph 3
3.  Where fishing is conducted using gillnets and trammel nets, the use of more than 50 km of nets shall be prohibited.
3.  Where fishing is conducted using gillnets and trammel nets, the use of more than 40 km of nets shall be prohibited.
Amendment 18
Proposal for a regulation
Article 9 - paragraph 1
1.  By way of derogation from Article 8, it shall be permitted to deploy gillnets with a mesh size equal to or greater than 120 mm and less than 150 mm north of 48°N or with a mesh size equal to or greater than 100 mm and less than 130 mm south of 48°N, in waters of less than 600 metres charted depth, provided that they are no more than 100 meshes deep, have a hanging ratio of not less than 0.5, and are rigged with floats or equivalent floatation. The nets shall each be of a maximum of 5 nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 25km per vessel. The maximum immersion time shall be 24 hours.
1.  By way of derogation from Article 8, it shall be permitted to deploy gillnets with a mesh size equal to or greater than 120 mm and less than 150 mm north of 48°N or with a mesh size equal to or greater than 100 mm and less than 130 mm south of 48°N, in waters of less than 400 metres charted depth, provided that they are no more than 100 meshes deep, have a hanging ratio of not less than 0.5, and are rigged with floats or equivalent floatation. The nets shall each be of a maximum of 5 nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 25km per vessel. The maximum immersion time shall be 24 hours unless weather conditions make hauling of the nets impossible.
Amendment 19
Proposal for a regulation
Article 9 - paragraph 2
2.  By way of derogation from Article 8, it shall be permitted to deploy gillnets with a mesh size equal to or greater than 250 mm, in waters of less than 600 metres charted depth, provided that they are no more than 15 meshes deep, have a hanging ratio of not less than 0.33, and are not rigged with floats or other means of floatation. The nets shall each be of a maximum of 10km in length. The total length of all nets deployed at any one time shall not exceed 100 km per vessel. The maximum immersion time shall be 72 hours.
2.  By way of derogation from Article 8, it shall be permitted to deploy gillnets with a mesh size equal to or greater than 250 mm, in waters of less than 600 metres charted depth, provided that they are no more than 15 meshes deep, have a hanging ratio of not less than 0.33, and are not rigged with floats or other means of floatation. The nets shall each be of a maximum of 10km in length. The total length of all nets deployed at any one time shall not exceed 60 km per vessel. The maximum immersion time shall be 72 hours.
Amendment 20
Proposal for a regulation
Article 10 - paragraph 1
1.  Where the quantity of undersized fish caught exceeds 10% of the total quantity of the catches in any one haul, the vessel shall move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing.
1.  Where the weight of undersized fish caught, in accordance with Annex I, exceeds 10% of the total weight of the catches in any one haul, and this situation recurs in a series of three consecutive hauls, the vessel shall move away to a distance of at least five nautical miles from any position of the previous haul before continuing fishing.
By way of derogation from the previous subparagraph, for local and inshore fisheries with particular characteristics owing to both the depth and composition of the seabed and distance from the coast, and subject to a scientific report substantiating those characteristics, the obligation to move away may be less than five nautical miles provided that it is guaranteed that fishing activity is not carried out on a concentration of juveniles.
Amendment 21
Proposal for a regulation
Article 10 - paragraph 2
2.   If the minimum and/or maximum percentages of target species, excluding undersized fish of the target species, allowed to be caught with the mesh size range admissible for that species and retained on board, in any one haul have not been in agreement with the percentages laid down in detailed rules adopted in accordance with Article 22, the vessel must immediately move a minimum of 10 nautical miles from any position of the previous haul and throughout the next haul keep a minimum distance of 10 nautical miles from any position of the previous haul.
2.   The Council, on a proposal from the Commission, shall determine the corresponding closed areas and periods within the framework of Article 2a of this Regulation.
Amendment 22
Proposal for a regulation
Article 12
The catching, retention on board, the transhipment, storage, landing, sale, display or offer for sale of marine organisms caught using methods incorporating the use of explosives, poisonous or stupefying substances, electric current or any kind of projectile shall be prohibited.
The catching, retention on board, the transhipment, storage, landing, sale, display or offer for sale of marine organisms caught using methods incorporating the use of explosives, poisonous or stupefying substances, electric current or any kind of projectile shall be prohibited, except pulse trawl fishing.
Amendment 23
Proposal for a regulation
Article 16 - paragraph 1
1.  Where the conservation of certain species or fishing grounds is seriously threatened, including where a high congestion of juvenile fish is detected, and where any delay would result in damage which would be difficult to repair, a Member State may take appropriate conservation measures in respect of the waters under its sovereignty or jurisdiction. The Member State concerned shall ensure that such measures do not discriminate against fishing vessels from other Member States.
1.  Where the conservation of certain species or fishing grounds is seriously threatened, including where a high congestion of juvenile fish is detected, and where any delay would result in damage which would be difficult to repair, a Member State may take appropriate conservation measures in respect of the waters under its sovereignty or jurisdiction. The Member State concerned shall ensure that such measures do not discriminate against fishing vessels from other Member States. Before such measures are implemented, the appropriate Regional Advisory Councils and the Commission shall be consulted.
Amendment 24
Proposal for a regulation
Article 18 - paragraph 2
2.  Where any delay in reducing or eliminating discards would result in damage which would be difficult to repair, a Member State may take appropriate non-discriminatory conservation measures in respect of the waters under its sovereignty or jurisdiction in accordance with Article 16.
2.  Where any delay in reducing or eliminating discards would result in damage which would be difficult to repair, the Commission, at its own initiative or at the substantiated request of a Member State, may take appropriate non-discriminatory conservation measures in respect of the waters under the sovereignty or jurisdiction of the Member State concerned. Before such measures are taken, the Commission and the relevant Regional Advisory Council shall be consulted.
Amendment 25
Proposal for a regulation
Article 21 a (new)
Article 21a
Future regulation
Rules governing the regulation of the following elements of the technical measures shall be adopted by a Council regulation:
(a) the minimum and maximum percentages of the target species among the living aquatic resources retained on board;
(b) the mesh size ranges admissible for each target species;
(c) provisions for the reduction or elimination of discards and the improvement of the selectivity of fishing gear;
(d) measures concerning the restriction of fishing activities in specific periods and/or specific areas referred to in Article 2 on the basis of the best scientific information available in order to protect marine habitats in those areas.
Amendment 26
Proposal for a regulation
Article 22
Detailed rules for the implementation of this Regulation shall be adopted in accordance with the procedure referred to in Article 30(2) of Regulation No 2371/2002. These rules shall lie down in particular:
Other technical measures to implement this Regulation to protect marine habitats or fisheries resources shall be adopted in accordance with the procedure referred to in Article 30(2) of Regulation (EC) No 2371/2002.
(a) the minimum and maximum percentages of the target species among the living aquatic resources retained on board;
(b) the mesh size ranges admissible for each target species;
(c) provisions for the reduction or elimination of discards and the improvement of the selectivity of fishing gear;
(d) measures concerning the restriction of fishing activities in specific periods and/or specific areas referred to in Article 2 on the basis of the best scientific information available in order to protect marine habitats in those areas;
(e) other technical measures to protect marine habitats or fishery resources.
Amendment 27
Proposal for a regulation
Article 24 - paragraph 2 a (new)
2a.  The entry into force of this Regulation shall provide for a period for the adjustment of fleets and the adoption of supplementary rules.

A Common Immigration Policy for Europe
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European Parliament resolution of 22 April 2009 on a Common Immigration Policy for Europe: Principles, actions and tools (2008/2331(INI))
P6_TA(2009)0257A6-0251/2009

The European Parliament,

–   having regard to the Communication from the Commission of 17 June 2008 entitled 'A Common Immigration Policy for Europe: Principles, actions and tools' (COM(2008)0359),

–   having regard to the Opinion of the Committee of the Regions on A Common Immigration Policy for Europe of 26 November 2008(1),

–   having regard to the European Pact on Immigration and Asylum, adopted by the European Council on 15 and 16 October 2008(2),

–   having regard to Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (Return Directive)(3),

–   having regard to Regulation (EC) No 863/2007 of the European Parliament and of the Council of 11 July 2007 establishing a mechanism for the creation of Rapid Border Intervention Teams(4),

–   having regard to the proposal for a regulation of the European Parliament and of the Council establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (Recast) (COM(2008)0820),

–   having regard to the Communication from the Commission of 17 October 2008 entitled 'One year after Lisbon: The Africa-EU partnership at work' (COM(2008)0617),

–   having regard to the Communication from the Commission of 13 February 2008 entitled 'Preparing the next steps in border management in the European Union' (COM(2008)0069),

–   having regard to the Commission Working Document entitled 'Evaluation and monitoring of the implementation of the EU Plan on best practices, standards and procedures for combating and preventing trafficking in human beings' (COM(2008)0657),

–   having regard to the Joint Africa-EU Strategy and its First Action Plan (2008-2010) - the Strategic Partnership - agreed at the Africa-EU Summit on 8/9 December 2007 in Lisbon(5),

–   having regard to the Communication from the Commission of 30 November 2006 entitled 'The Global Approach to Migration one year on: Towards a comprehensive European migration policy' (COM(2006)0735),

–   having regard to the Hague Programme on Strengthening Freedom, Security and Justice in the European Union adopted at the European Council of 4-5 November 2004,

–   having regard to the Tampere Programme adopted at the European Council of 15 and 16 October 1999 which established a coherent approach in the field of immigration and asylum,

–   having regard to its resolution of 10 March 2009 on 'The Future of the Common European Asylum System'(6),

–   having regard to its position of 19 February 2009 on the proposal for a directive of the European Parliament and of the Council providing for sanctions against employers of illegally staying third-country nationals(7),

–   having regard to its resolution of 5 February 2009 on the implementation in the European Union of Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers and refugees: visits by the Committee on Civil Liberties 2005-2008(8),

–   having regard to its resolution of 18 December 2008 on the evaluation and future development of the FRONTEX Agency and of the European Border Surveillance System (EUROSUR)(9),

–   having regard to its position of 20 November 2008 on the proposal for a Council directive on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment(10),

–   having regard to its position of 20 November 2008 on the proposal for a Council directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State(11),

–   having regard to its resolution of 2 September 2008 on the evaluation of the Dublin system(12),

–   having regard to its position of 23 April 2008 on the proposal for a Council directive amending Directive 2003/109/EC to extend its scope to beneficiaries of international protection(13),

–   having regard to its resolution of 26 September 2007 on the policy plan on legal migration(14),

–   having regard to its resolution of 26 September 2007 on policy priorities in the fight against illegal immigration of third-country nationals(15),

–   having regard to its resolution of 6 July 2006 on strategies and means for the integration of immigrants in the European Union(16),

–   having regard to the Treaty of Amsterdam pursuant to which powers and responsibilities in the immigration and asylum fields are conferred on the Community and to Article 63 of the EC Treaty,

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

–   having regard to the report of Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Employment and Social Affairs, the Committee on Culture and Education and the Committee on Women's Rights and Gender Equality (A6-0251/2009),

A.   whereas migration into Europe will always be a reality as long as there are considerable differences in wealth and quality of life between Europe and other regions of the world,

B.   whereas a common approach on immigration in the EU has become imperative, more so in a common area without internal border controls where action or inaction by one Member State has a direct impact on others and on the EU as a whole,

C.   whereas poorly managed migration may disrupt the social cohesion of the countries of destination and may also be detrimental to countries of origin as well as to the migrants themselves,

D.   whereas regular migration represents an opportunity from which migrants, their countries of origin (which benefit from their migrants' remittances), and Member States may benefit; whereas, however, progress in the area of regular migration must go hand-in-hand with effective action on combating irregular immigration, recalling notably that such immigration encourages the existence of criminal human trafficking rings,

E.   whereas a genuine common migration policy for the Community must be based not only on the fight against irregular migration but also on cooperation with third countries and transit countries and on an appropriate policy for the integration of migrants,

F.   whereas Europe's migration policies must comply with the norms of international law, particularly those that concern human rights, human dignity and rights to asylum,

G.   whereas the EU is and must continue to be a welcoming environment for those who win the right to remain, be they migrants for reasons of work, family reunification, or study, or persons in need of international protection,

H.   whereas migrants have played a vital role in the development of the EU and the European project in recent decades, and it is essential to recognise both their importance and the fact that the Union continues to need migrants' labour,

I.   whereas, according to Eurostat, population ageing in the EU will become a reality in the medium term, with the working age population projected to fall possibly by almost 50 million by 2060; whereas immigration could act as an important stimulus to ensure good economic performance in the EU,

J.   whereas the growth and jobs aspects of the Lisbon Strategy may be hindered by a shortage of labour, which may prevent the goals from being achieved, and whereas unemployment is currently rising; whereas this shortage may be addressed in the short term by appropriate and structured management of economic immigration,

K.   whereas migrants often have to work as casual labourers or in low-skilled jobs, or in jobs for which they are overqualified,

L.   whereas the EU should also increase efforts to address problems of labour and skill shortages internally, by tapping into currently underemployed sectors, such as people with disabilities, people at an educational disadvantage, or those who have been long-term unemployed asylum seekers already resident,

M.   whereas the number of women immigrants is constantly increasing in the EU, accounting for approximately 54 % of the total number of immigrants,

N.   whereas most women immigrants encounter significant problems in integrating and in accessing the labour market due to their low level of education and the negative stereotypes and practices brought from their countries of origin, as well as the negative stereotypes and discrimination that exist in the Member States; whereas, nonetheless, many young women with a high level of education come to the EU to take relatively unskilled jobs,

General Considerations

1.  Strongly supports the establishment of a common European immigration policy founded on a high level of political and operational solidarity, mutual trust, transparency, partnership, shared responsibility and joint efforts through common principles and concrete actions, as well as on the values –enshrined in the Charter of Fundamental Rights of the European Union;

2.  Reiterates that the management of migration flows must be based on a coordinated approach taking into account the demographic and economic situation of the EU and its Member States;

3.  Considers that the development of a common immigration policy could substantially benefit from an increased and regular consultation with representatives of civil society, such as organisations working for and withmigrant communities;

4.  Regrets that, so far, too little has been done to establish a common legal immigration policy and welcomes the new legislative instruments adopted within the framework of the common European legal immigration policy;

5.  Emphasises that a coherent and balanced common European immigration policy adds to the credibility of the EU in its relations with third countries;

6.  Reiterates that the effective management of migration requires the involvement of regional and local authorities and agenuine partnership and cooperation with third countries of origin and transit, which often have the impression that decisions are being imposed on them unilaterally; emphasises that such cooperation can only take place when the third country respects international laws on human rights and protection, and is a signatory to the 1951 Geneva Convention relating to the Status of Refugees;

7.  Considers that immigration into the EU is not the solution to overcome the challenges faced by developing countries and that a common immigration policy must be flanked with an effective policy for the development of the countries of origin;

8.  Welcomes the adoption of the above-mentioned European Pact on Immigration and Asylum and the actions, tools and proposals put forward by the Commission in its above-mentioned Communication on a Common Immigration Policy for Europe: Principles, Actions and Tools; calls on the Council and the Commission on to rapidly move to the implementation stage of these commitments;

9.  Welcomes the institutional implications of the Lisbon Treaty, in particular the extension of co-decision and qualified majority voting to all immigration policies, the clarification of EU competence on visas and border controls, the extension of EU competence on asylum as well as the extension of EU competence in respect of legal and irregular migration;

10.  Considers that a common immigration policy also necessarily requires the establishment of a common asylum policy, and recalls the above-mentioned resolution on the future of the Common European Asylum System (CEAS) and the Commission proposal for a regulation to establish a European Asylum Support Office;

Prosperity and Immigration
Legal Migration

11.  Considers that legal migration continues to be necessary in order to address Europe's demographic, labour market and skills needs owing to the effect of demographic decline and ageing on the economy; it also contributes to the development of third countries through the cycle of exchange of knowledge and know how and through the transfer of migrant remittances; calls for the implementation of secure systems which facilitate these financial transfers to third countries;

12.  Considers that regular migration must be the alternative to irregular immigration as it offers a legal, safe and organised entry route to the European Union;

13.  Recalls that projections presented by the Commission estimate the need for 60 million migrant workers by 2050 and that this requires the opening-up of channels for legal migration;

14.  Stresses the need for a comprehensive assessment of the EU's skills and market needs; considers, however, that each Member State should retain control over the number of persons required for its labour market needs and take into account the principle of Community preference as long as transitional measures apply;

15.  Supports the development of national "Immigration Profiles" with the purpose of giving an integrated picture of the situation of immigration within each Member State at any given moment, with labour market needs being a central aspect of these profiles;

16.  Reiterates the need to increase the attractiveness of the EU for highly qualified workers, even through the availability of information on destination and host labour markets,taking account of the implications that this may have on the brain drain in countries of origin; considers that the brain drain can be mitigated through temporary or circular migration, by providing training in the countries of origin in order to preserve occupations in key sectors, particularly education and health, and by signing cooperation agreements with countries of origin;calls on the Member States to refrain from pursuing active recruitment in developing countries suffering from lack of human resources in key sectors, such as health and education;

17.  Calls on the Commission and Member States to develop mechanisms, guidelines and other tools to facilitate circular and temporary migration as well as measures, in cooperation with the countries of origin, to offset the loss of human resources, offering concrete support for the training of professionals in key sectors weakened by the exodus of talent;

18.  Welcomes the approach initiated by the document on the 'blue card' for a common legal immigration policy, but calls on Member States to make more progress towards common rules on an immigration policy which is not limited to highly skilled workers;

19.  Expresses its satisfaction at the adoption of the blue card relating to conditions of entry and residence of third-country nationals for the purposes of highly qualified employment and urges the Commission to present initiatives for other categories of work as soon as possible, also with the aim of further countering irregular immigration and the exploitation of the undocumented immigrants;

20.  Calls for new measures to further facilitate the reception of students and researchers and their movement within the EU;

21.  Draws attention to the importance of recognising the skills of immigrants, paying particular importance to the formal, non-formal and informal qualifications obtained in their country of origin; considers that this recognition will combat the wastage of skills that is being seen repeatedly among immigrants, notably women, who often end up in jobs for which they are over-qualified;

22.  Calls on the Commission to take into account, in future documents on the issue, the question of skills recognition and the incentive for lifelong learning, also ensuring that the Member States provide immigrants with opportunities to learn the language of the host country in order to ensure their social, professional and cultural integration in the European Union and giving them an improved ability to support their children's development; calls also on the Commission to make use of the results of deliberations on the linguistic education of migrant children and the teaching in the Member State of residence of the language and culture of the country of origin, and calls for the framework which will be proposed to respect the principles of subsidiarity and proportionality;

23.  Reaffirms that the European Employment and Job Mobility Network (EURES) network is an appropriate tool to ensure a transparent, responsible and effective balance between supply and demand in the labour market; therefore suggests expanding the concept of the EURES network to allow contact between European employers looking for workers with certain qualifications and job-seekers from third countries; proposes that Special Centres (already set up and to be set up) or EU Representations in third countries be used as a platform to extend the EURES network and to guarantee ongoing and expanded advice concerning tools and support for self-employment or recourse to micro-credit; stresses that Europe's need for highly skilled labour should not lead to a brain drain from third countries, with consequent damage to their emerging economies and social infrastructure;

24.  Takes the view that immigrants from so-called third countries should be granted the right to mobility within the EU, so that - as legal residents in a Member State – they can take up employment as frontier workers in another Member State without being required to apply for a work permit, and that such immigrants should be granted full freedom of movement as workers following a period of five years' legal residence in a Member State;

25.  Stresses the importance of coordination between the local and regional authorities, which have particular responsibility for training, and national and European authorities in managing labour market needs, in accordance with the principle of Community preference; emphasises that this cooperation is essential to effectively implement an immigration policy capable of filling the labour shortage experienced in certain sectors and Member States and to integrate immigrants effectively and appropriately;

26.  Calls on the Commission to make more information available in countries of origin on the possibilities of legal migration as well as on the rights and obligations of migrants once they arrive in the EU;

27.  Calls on Member States to make satisfactory use of Community funding mechanisms relating to immigration policy so as to create more and better jobs for migrants;

Integration

28.  Stresses that integration enhances cultural diversity in the EU andshould be based on social inclusion, anti-discrimination and equal opportunities, namely through the possibility of access to health, education, language training and employment; considers that integration policies should be also based on appropriate innovative programmes and acknowledges the key role played by local and regional authorities, trade unions, migrant organisations, professional federations and associations in the integration of migrants;

29.  Supports integration efforts by the Member States as well as by regularmigrants and beneficiaries of international protection, taking into account respect for the identity and values of the EU and its Member States, including respect for human rights, the rule of law, democracy, tolerance and equality, freedom of opinion and the compulsory schooling of children; recalls that integration is a two-way process which involves adjustments on the part of both the immigrants and the host population as set out in the common basic principles (CBPs) adopted by the Council and may benefit from the exchange of best practices; acknowledges that integration is more difficult to achieve in Member States which are facing significant migratory pressures due to their particular geographical situation, but must nonetheless not be abandoned as an objective; calls on other Member States to contribute towards alleviating such pressures in a spirit of solidarity, facilitating the integration of beneficiaries of international protection who are within the EU Member States, in parallel with the promotion of legal migration;

30.  Emphasises that a good integration process is the best tool to eliminate mistrust and suspicion between native citizens and migrants and is fundamental to removing any xenophobic ideas or actions;

31.  Encourages the development of mutual learning mechanisms and the exchange of best practice between Member States in order to strengthen the ability of host countries to manage increasing diversity and also a system of common indicators and adequate statistical capacity to be used by Member States to evaluate immigration policy outcomes;

32.  Recalls that a key element is the inclusion of migrant organisations who play unique roles in the integration process by giving migrants opportunities for democratic participation; calls on the Members States to facilitate systems for the support of civil society in the integration process through enabling migrants' presence in the host society's civil and political life, enabling participation in political parties, trade unions and the opportunity to vote in local elections;

33.  Welcomes the initiative taken by the Commission and the European Economic and Social Committee to improve the coherence of integration policies by launching the European Integration Forum with the participation and involvement of social organisations and immigrants' associations, with the aim of exchanging experiences and drawing up recommendations; calls on the Member States to coordinate their integration efforts by exchanging the best practices contained in their national integration plans;

34.  Calls on the Commission to take the necessary measures to ensure financial support for the structural and cultural integration of immigrants, also including the implementation of EU programmes such as Lifelong Learning, Europe for Citizens, Youth in Action and Culture 2007; notes that teachers are in most cases ill-prepared for having large numbers of migrant children in classes and calls for better training for teachers and for adequate financial support;

35.  Highlights the fact that school programmes and lifelong learning play an important role in the integration process by developing skills, notably language skills; considers, too, that barrier-free participation in training programmes and lifelong learning should be a right and an opportunity for newly-arrived immigrants;

36.  Calls on the Commission and the Member States to continue to promote anti-discrimination policies, including those implemented by the public authorities;

37.  Calls on the Member States to respect and support the relevant directives: Council Directives 2000/78/EC(17), 2000/43/EC(18) and 2004/113/EC(19), which seek to combat discrimination;

38.  Calls on the Member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families adopted by the United Nations General Assembly on 18 December 1990(20);

39.  Calls on the Commission to collect gender-related data on immigration into the EU and to arrange for the analysis of those data by the European Institute for Gender Equality in order to highlight further the particular needs and problems of women immigrants and the most appropriate methods of integrating them into the societies of the host countries;

40.  Calls on the Member States, when drawing up their integration policies, to allow in the proper way for the gender dimension and for the specific situation and needs of migrant women;

41.  Calls on Member States to guarantee respect for the fundamental rights of immigrant women, whether or not their status is legal;

42.  Calls on the Member States to support information campaigns aimed at migrant women, with a view to informing them about their rights, the possibilities of education and language training, professional training and access to employment, and to prevent forced marriages, female genital mutilation, and other forms of mental or physical coercion;

Security and Immigration
Integrated Border Management

43.  Stresses the need for a comprehensive master plan setting out the overall objectives and architecture of the EU's border management strategy, including the details showing how all related programmes and schemes in this area can be better optimised; takes the view that, when considering the architecture of the EU's border management strategy, the Commission should analyse first of all the effectiveness of the existing border management systems of the Member States, in order to bring about the optimal synergies between them and provide additional information regarding the cost-effectiveness of the new proposed systems, Entry/Exit, Electronic System of Travel Authorisation, Automated Border Control and the Registered Traveller Programme, within the framework of EU integrated border management;

44.  Emphasises that integrated border management should strike the right balance between ensuring the free movement of a growing number of people across borders and ensuring greater security for EU-citizens; does not deny that the use of data offers clear advantages; is, at the same time, of the opinion that public trust in government action can only be maintained if sufficient data protection safeguards, supervision and redress mechanisms are provided for;

45.  Calls for an assessment on the feasibility of an integrated four-tier approach, whereby checks would be carried out systematically at each stage when immigrants are travelling to the Union;

46.  Stresses that the EU border strategy should be complemented as well by concrete measures aimed at strengthening the third country borders within the framework of the Africa-EU Partnership and the European Neighbourhood Policy (the Eastern Partnership, EUROMED);

47.  Calls for the replacement of current national Schengen visas with uniform European Schengen visas, allowing for equal treatment of all visa applicants; wishes to be informed on the exact timetable and the details of both the policy study and the technical study of the Commission which will analyse the feasibility, the practical implications and the impact of a system requiring third-country nationals to obtain electronic authorisation to travel before travelling to EU territory (Electronic System for Travel Authorisation, ESTA); calls for the improvement of cooperation between Member States' consulates and for joint consular services for visas to be set up gradually;

48.  Calls on the Council to adopt arrangements based on solidarity among Member States with a view to sharing the burdens arising from border policing and to coordinate the Member States' national policies;

Irregular migration

49.  Considers effective combating of irregular immigration as a crucial part of a comprehensive EU migration policy, and therefore regrets that effective decision-making in this field is hamstrung by the insufficient ability of the Member States to really work together in their mutual interests;

50.  Expresses its shock at the human tragedy that is caused by illegal migratory sea routes, notably in the Union's southern maritime borders, where boat people leave the African shores on perilous journeys towards Europe; strongly calls for urgent action to stop this human tragedy once and for all and to reinforce dialogue and cooperation with the countries of origin;

51.  Recalls that irregular immigration is often operated by criminal networks which have, so far, proved to be more effective than common European action; is convinced that such networks are responsible for the death of hundreds of people whose lives are lost at sea every year; recalls that, in accordance with international obligations, Member States have a shared responsibility to save lives at sea; calls, therefore, on the Commission and on Council to redouble their efforts in the fight against organised crime, human trafficking and smuggling which occur in various parts of the EU, and particularly to try to dismantle all the networks by tackling not only the people smugglers, who are merely the visible linchpin, but those who, at the top of the ladder, derive the most advantage from these criminal operations;

52.  Calls on the Commission to intensify awareness programmes in countries of transit and of origin on the dangers of irregular migration;

53.  Welcomes the new Directive on sanctions against employers of illegally staying third-country nationals and considers it an effective tool in curbing the exploitation of migrant workers and to reduce the attractiveness of one of the main pull factors for irregular migration;

54.  Urges the Member States not to delay the transposition of the new directive, which lays down penalties for employers who recruit illegal immigrants;

55.  Believes it is essential to reinforce the channels of dialogue with the countries of origin and establish cooperation agreements with those countries, with the aim of eliminating the inhuman and catastrophic phenomenon of irregular migration;

56.  Considers that, despite repeated increases in its budgetary means at Parliament's insistence, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) is not yet able to provide sufficient co-ordination of control efforts atthe Union's external borders owing to its limited mandate and because of a lack of effort in engaging third countries, especially in so far as maritime operations are concerned;

57.  Welcomes the Commission's initiative for a proposal to review the mandate of FRONTEX and considers that its reinforcement is urgently required, in particular by extending its coordinationcapacity and its ability to coordinate permanent missions in areas which face high migratory pressures at the request of the Member States concerned and its ability to engage with third countries; believes that emphasis should also be placed on increasing FRONTEX's risk analysis and intelligence gathering capacity;

58.  Considers that FRONTEX requires adequate resources, not just financial ones, if it is to fulfil its mandate in a meaningful manner and calls for the deployment of new technologies to combat irregular migration on Member States to increase the pooling of technical means and on the Commission to bring forward legislative proposals to establish compulsory solidarity on the same basis as that envisaged for the Rapid Border Intervention Teams (RABITs);

59.  Calls on FRONTEX and the Commission to carry out a study, with estimates, on the possibility of FRONTEX acquiring its own equipment and on the requirements for the possible upgradeof FRONTEX operations at seainto an EU coast guardwithoutundermining Member States control of their borders;

60.  Considers that FRONTEX can only be fully effective if efforts are intensified on complementary actions, such as readmission and cooperation with third countries; calls on the Commission to support FRONTEX in this regard;

61.  Supports the establishment of specialised FRONTEX offices to take account and better assess the specific situations in borders of particular sensitivity, especially for the land borders to the East and the maritime borders to the South;

62.  Notes that differences in the interpretation of legal terms, the interpretation of the international laws of the sea and differences in national legislation and procedures have all hampered FRONTEX operations; calls for comprehensive studies to be carried out in order to seek a common approach and to sort out conflicting differences between national legislation and procedures;

63.  Calls for further and constant cooperation between FRONTEX and national bodies and agencies;

64.  Calls for further developments on the concept of a EUROSUR also by improving coordination between Member States;

65.  Notes that fishermen, private vessels and private workers at sea often encounter illegal immigrants before a country's naval forces; stresses the need to inform such parties more clearly about their international law obligations to aid immigrants in distress and calls for a mechanism of compensation for lost work as a result of rescue operations;

66.  Stresses that there is a clear need for reliable statistics in order to establish concrete tools for fighting irregular migration at EU level and calls on the Commission to take the necessary measures to provide those statistics;

Returns

67.  Considers that migrants who are not entitled to international protection or who are staying irregularly on the territory of the Member States have to be required to leave the territory of the European Union; notes, in this regard, the adoption of the Return Directive and calls on Member States, in the context of its transposition, to preserve more favourable provisions already laid down in their domestic law; calls on Member States to ensure that returns are conducted with due regard to the law and the dignity of the persons involved, giving due preference to voluntary return;

68.  Calls for a system of Return Counselling Services to be established in closed and open accommodation centres, serving as a contact point for persons wishing to learn more about return assistance;

69.  Calls on the Commission toestablish monitoring and support for social and professional reintegration mechanisms in countries of origin for migrants having been returned;

70.  Calls on Member States to assign priority to gearing their readmission policies to a common policy in preference to bilateral agreements;

71.  Calls, with regard to readmission agreements, for Parliament and its competent committees to be kept regularly informed, throughout the discussions with third countries, of progress and any obstacles encountered by negotiators;

72.  Calls on the Commission to ensure that Member States only have bilateral readmission agreements with third countries providing full guarantees for the respect of the readmitted persons' human rights and having signed the 1951 Geneva Convention;

73.  Calls on the Commission to pursue the effective enforcement of the obligation of third countries to readmit their nationals who are staying irregularly on EU territory, as envisaged in Article 13 of the Cotonou Agreement of 23 June 2000; calls for the strengthening of these provisions during negotiations on the new ACP (African, Caribbean and Pacific States) Agreement;

74.  Stresses the need for a genuine European dimension in return policy through the mutual recognition of return decisions; urges more co-operation among Member States in the implementation of returns and the strengthening of the role of FRONTEX in joint return operations;

75.  Calls for the strengthening of co-operation, including through consular co-operation, with countries of origin and transit to facilitate readmission procedures, and calls on the Commission to evaluate existing readmission agreements with a view to facilitating their implementation and to draw lessons for the negotiation of future agreements;

76.  Calls on the Council to consider enacting legislative provisions with a view to establishing a European "Laissez Passer" issued to illegally residing third-country nationals with a view to facilitating readmission to third countries; action should be taken to incorporate the European "Laissez Passer" in the Union's readmission agreements to render it binding on the third countries concerned;

Solidarity and Immigration
Coordination between Member States

77.  Deeply regrets the fact that Member States have demonstrated insufficient solidarity in the face of the growing challenge of immigration; calls for an urgent review of the Framework Programme on Solidarity and Management of Migration Flows for the period 2007-2013(21) and its four financial instruments so that they may reflect new realities arising from increasing migratory pressures and be used to address urgent needs, such as in the case of situations of mass migratory influxes;

78.  Notesthe commitments made by Member States in the above-mentioned European Pact on Immigration and Asylum in relation to the need for solidarity; welcomes in particular the inclusion ofa voluntary burden-sharing mechanism which enables the intra-EU reallocation of beneficiaries of international protection from Member States which are faced with specific and disproportionate pressures on their national asylum systems, due in particular to their geographical or demographic situation, to other Member States,and calls on the Member States to implement these commitments;welcomes also the allocation of EUR 5 million in the EU's 2009 budget for this purpose under the European Refugee Fund; insists, however, on the introduction of binding instruments;calls on the Commission to implement this mechanism forthwith and to propose immediately a legislative initiative to establish such a mechanism at European level on a permanent basis;

79.  Welcomes the recast of the Dublin regulation and the proposed provisions for a mechanism to suspendDublin transfers if there are concerns that Dublin transfers could result in applicants not benefiting from adequate standards of protection in the responsible Member States, in particular in terms of reception conditions and access to the asylum procedure, as well as in cases where these Dublin transfers would add to the burden on those Member States which are faced with specific and disproportionate pressures due, in particular, to their geographical or demographic situation; stresses, however, that these provisions would turn out to be a political statement rather than an effective instrument to seriously support a Member State without the introduction of a two-fold binding instrument for all Member States;

80.  Welcomes the Commission's proposal for a recast regulation concerning the establishment of "Eurodac" for the comparison of fingerprints, and reminds Member States of their obligations of fingerprinting and sending data under the current Eurodac Regulation; takes the view that biometric data, such as fingerprints, must be exploited to enhance the effectiveness of border control operations;

Cooperation with third-countries

81.  Regrets that cooperation with third countries has not achieved sufficient results, with the notable exception of Spain's co-operation with third countries such as Senegal and other countries in sub-Saharan and north Africa; calls for targeted support for third countries of transit and origin to help them build an effective border management system, involving FRONTEX in border assistance missions in those countries;

82.  Reminds the Commission, the Council and the Member States that it is essential to continue the dialogue initiated with countries of origin and transit as a follow-up to the EU-Africa ministerial conferences on migration and development held in Tripoli, Rabat and Lisbon;

83.  Calls for implementation of the policy instruments developed within the framework of the "Global Approach to Migration"(22) as well as the 2006 "Rabat Process" on migration and development and the EU Africa Partnership on Migration, Mobility and Employment agreed in Lisbon in December 2007;

84.  Stresses the importance of a development policy in third countries of origin or transit as a means of addressing the challenge of immigration at its roots; calls for an improved co-ordination of the Union's immigration and development policies, taking fully into account strategic objectives such as the Millennium Development Goals;

85.  Observes, however, that development policy cannot constitute the only alternative to migration, as there can be no development based on solidarity without permanent mobility;

86.  Calls for a strengthening of cooperation with the International Organisation for Migration and other international organisations in the establishment of new regional offices in sensitive areas where practical assistance concerning, inter alia, legal migration or voluntary return of immigrants, is required;

87.  Stresses the importance of establishing Migration Information and Management Centres, as the one inaugurated in Mali in October 2008; believes that such centres should be able to contribute significantly to tackling migration problems by addressing the concerns of the potential migrants, returning migrants and migrants residing in EU; calls on the Commission to provide the necessary information regarding the projects of setting up other centres within the framework of EU-Africa Partnership and asks the Commission to look into the possibility of creating such centres in the Eastern neighbouring countries;

88.  Stresses that all agreements with countries of origin and transit should include chapters on co-operation on immigration and calls for an ambitious policy with third countries on police and judicial co-operation to combat international criminal organisations engaged in human trafficking and to bring the persons concerned to justice, with the engagement of Europol and Eurojust; also calls on the Commission to intensify its support, including financial and technical assistance, in favour of third countries so as to create economic and social conditions discouraging irregular migration, drug activities and organised crime;

89.  Calls on the Commission to promote the negotiation of global European agreements such as that signed with Cape Verde, to make progress in the global negotiations it is holding with Morocco, Senegal and Libya, and to promote the conclusion of agreements with immigrants' main countries of origin;

90.  Calls for support for third countries in developing their national legislative framework and establishing immigration and asylum systems with full respect for international law, and calls on third countries of transit to sign and respect the 1951 Geneva Convention;

91.  Calls on Member States to consider the issue of 'environmental refugees', migrants who cannot currently be regarded as economic migrants and who are also not recognised as refugees as referred to in the 1951 Geneva Convention;

o
o   o

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

(1) OJ C 76, 31.3.2009, p. 34.
(2) Council document 13440/08.
(3) OJ L 348, 24.12.2008, p. 98.
(4) OJ L 199, 31.7.2007, p. 30.
(5) Council document 7204/08.
(6) Texts adopted, P6_TA(2009)0087.
(7) Texts adopted, P6_TA(2009)0069.
(8) Texts adopted P6_TA(2009)0047.
(9) Texts adopted, P6_TA(2008)0633.
(10) Texts adopted, P6_TA(2008)0557.
(11) Texts adopted, P6_TA(2008)0558.
(12) Texts adopted, P6_TA(2008)0385.
(13) Texts adopted, P6_TA(2008)0168.
(14) OJ C 219 E, 28.8.2008, p. 215.
(15) OJ C 219 E, 28.8.2008, p. 223.
(16) OJ C 303 E, 13.12.2006, p. 845.
(17) OJ L 303, 2.12.2000, p. 16.
(18) OJ L 180, 19.7.2000, p. 22.
(19) OJ L 373, 21.12.2004, p. 37.
(20) A/RES/45/158.
(21) COM(2005)0123.
(22) COM(2006)0735.


Green Paper on the future of TEN-T
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European Parliament resolution of 22 April 2009 on the Green Paper on the future TEN-T policy (2008/2218(INI))
P6_TA(2009)0258A6-0224/2009

The European Parliament,

–   having regard to the Commission communication of 4 February 2009 entitled "Green paper: TEN-T: A policy review" (COM(2009)0044),

–   having regard to the Commission communication of 26 November 2008 entitled "A European Economic Recovery Plan" (COM(2008)0800),

–   having regard to the Council conclusions on Greening Transport as adopted by the Transport, Telecommunications and Energy Council at its session on 8-9 December 2008,

–   having regard to the Commission Communication of 22 June 2006 entitled "Keep Europe moving – Sustainable mobility for our continent – Mid-term review of the European Commission's 2001 Transport White Paper" (COM(2006)0314),

–   having regard to the Commission Communication 23 January 2008 entitled "2020 by 2020 – Europe's climate change opportunity" (COM(2008)0030),

–   having regard to the Commission Communication of 18 October 2007 entitled "Freight Transport Logistics Action Plan" (COM(2007)0607),

–   having regard to the Commission communication of 14 May 2008 on the results of the negotiations concerning cohesion policy strategies and programmes for the programming period 2007-2013 (COM(2008)0301),

–   having regard to the Commission Report of 20 January 2009 on the implementation of the Trans-European Transport Network guidelines 2004-2005 (COM(2009)0005),

–   having regard to its resolution of 11 March 2009 on the Lisbon Strategy(1),

–   having regard to its resolution of 5 September 2007 on Freight Transport Logistics in Europe - the key to sustainable mobility(2),

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

–   having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Regional Development (A6-0224/2009),

A.   whereas the political definition of the TEN-T policy as described in Decision No 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European transport network(3) and Decision No 884/2004/EC of the European Parliament and of the Council of 29 April 2004 amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network(4) led to a "wish list" of 30 priority projects inspired mainly by national interests,

B.   whereas the external competitiveness of railway and maritime freight transport as compared with road transport must be improved in order to ensure that balanced use is made of motorways, maritime routes and rail freight corridors,

C.   whereas the 30 priority projects led to a proposal of the Commission to provide around EUR 20 000 000 000 in EU funding within the 2007-2013 financial framework to the trans-European transport network as a whole which was finally reduced to around EUR 8 000 000 000, of which only EUR 5 300 000 000 for the 30 priority projects, at the Council's insistence,

D.   having regard to the European Union's well-known inability to comply with the rules on TEN-T funding laid down in its Regulation (EC) No 680/2007 of the European Parliament and of the Council of 20 June 2007 laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks(5), which creates uncertainty in planning the funding of projects,

E.   whereas it is necessary to strengthen the Commission's ability to pursue major cross-border projects, especially in the rail sector, that require ongoing closer cooperation between the Member States involved and funding over many years, extending beyond the time-frame of the multi-annual financial framework,

F.   whereas the annexes to the above-mentioned Commission communication of 14 May 2008 show that around 49% of appropriations for transport projects are spent on roads, around 31% on railways and around 9% on urban transport, but it is not clear precisely which specific projects are co-financed,

1.  Recognises that the first attempts at developing an EU transport infrastructure policy, inspired by the 'missing links' of the European Round Table of Industrialists (ERT), were boosted by the Commission communication of 2 December 1992 entitled "The future development of the common transport policy", with the justification to "achieve economic growth, competitiveness and employment" and were put on track by former Transport Commissioner Karel Van Miert; notes that Council Regulation (EC) No 2236/95 of 18 September 1995 laying down general rules for the granting of Community financial aid in the field of trans-European networks(6) and Decision No 884/2004/EC tried to be oriented towards the abovementioned aims; and draws attention to the stimulus given to this policy by the Commissioner responsible for energy and transport matters, Vice-President Loyola de Palacio;

2.  Considers the reports of the TEN-T Coordinators to be interesting examples for further coordination and integration of a limited choice of important projects; therefore asks the Commission and the Member States to pursue the efforts aimed at the enhancement of the existing priority projects; considers that medium–long term investment should be continued in line with the objective of completing the whole network;

3.  Welcomes the early submission of the above-mentioned Commission communication of 4 February 2009, with the aim to review fundamentally the EU transport infrastructure and TEN-T policy, according to challenges relating to current and future transport, cross-border mobility, and financial, economic, regional (including permanently disadvantaged regions), social, safety and environmental challenges;

4.  In this respect, does not see the rationale for introducing the vague notion of a TEN-T conceptual pillar, which would overload the list of priorities; believes that, contrary to the expressed goal of the Commission, a pillar expressly displayed as conceptual will not improve the TEN-T policy's credibility, which will rather be achieved by developing concrete projects;

5.  Agrees therefore to develop a more coherent and integrated network approach, reflecting the needs for intermodal connections for citizens and freight; emphasises therefore that priority must be given to rail, ports, sustainable maritime and inland waterways and their hinterland connections or intermodal nodes in infrastructure links with and within new Member States and that particular attention must also be paid to cross-border transport links, as well as to better links with airports and sea ports in the trans-European networks; emphasises that attention should be paid to the different but complementary needs of both passengers and freight; recommends that Member States and regional authorities improve intermediate stations and local interconnections as links to TEN-T in order to minimise the costs associated with being in a peripheral area;

6.  Calls on the Commission to provide particular support for priority projects with intermodal links and consistent interoperability that pass through several Member States; points out that connecting economic areas along these priority projects is a national task;

7.  Notes with approval that environmentally friendly forms of transport receive a disproportionately large share of consideration in the list of priority projects; calls on the Commission in this connection to ensure that these proportions are preserved in future when projects are implemented;

8.  Stresses the need to integrate climate protection and sustainable development for all modes of transport in the European infrastructure policy to comply with the EU targets to reduce CO2 emissions;

9.  Calls on the Commission to urge the Member States to integrate European environmental legislation into decision-making and planning for TEN-T projects, such as Natura 2000, SEA, EIA, Air Quality, Water Framework, Habitat and Bird Directives as well as the Transport and Environmental Reporting Mechanism (TERM)-reports on indicators for transport and environment by the European Environment Agency;

  10 Urges the Commission to minimise unclear or contradictory provisions relating to declarations of common interest and the application of environmental legislation; believes, furthermore, that once TEN-T status is granted to projects, the Member States should not abuse the European legislation referred to in paragraph 9 in order to block the implementation of TEN-T projects;

11.  Calls on the Commission and the Member States to take into account as relevant factors for European transport infrastructure policy new developments, such as the global financial crisis, demographic change, enlargement, new neighbouring countries, and intensified connections with Eastern and Mediterranean countries;

  12 Stresses that, especially in the present context of the economic crisis, the development of TEN-T and the integration of transport in the Union with that of the neighbouring countries is the most reliable means of ensuring both the long-term sustainability of the internal market and economic and social cohesion in the Union;

13.  Calls on the Commission to intensify its efforts to improve European coordination of territorial development (Territorial Agenda of the European Union as well as the principle of Territorial Cohesion) and transport planning by taking account of regional accessibility through improved networks between the regions; notes that large differences between mountainous, coastal/island, central, peripheral and other trans-border areas have to be considered, as does the need for better integration of urban mobility systems into the TEN-T;

14.  Calls on the Commission to give particular priority to key projects relating to the main rail, road and inland waterway routes to ensure cross-border connections with the new Member States and with third countries;

15.  Suggests in this connection that the European Spatial Development Perspective (ESDP) should be included as a basis for planning and that the available ESPON studies should be included as scientific, planning-oriented background information on transport development;

16.  Emphasises the need to incorporate both the objectives of the Lisbon Strategy and those of the Recovery Plan in the development of TEN-T policies, given the key importance of the mobility, accessibility and logistics thereof for EU competitiveness, and to improve territorial cohesion;

17.  Calls on the Commission and Member States to integrate green corridors, rail freight networks, European Rail Traffic Management System (ERTMS) corridors, maritime "highways", such as short sea shipping, existing inland waterways with limited capacity or locks with insufficient capacity, dry ports, logistics platforms, and urban mobility nodes, as well as the projected extension of the TEN-T to the countries of the European Neighbourhood Policy, and Eastern and Mediterranean countries into an intermodal TEN-T concept, based on planned actions in favour of more environmentally friendly, less oil consuming and safer modes, to ensure an optimal use of all modes of transport and promoting the compatibility of connections between the various modes of transport, in particular rail links in ports; moreover, calls for consistency between the current and future TEN–T framework and the legislation proposed on rail freight corridors;

18.  Notes that until recently only 1% of the European infrastructure funds were used for inland waterways according to the latest research; considers that sufficient European support is needed to develop the inland waterway infrastructure in Europe, in order to use the full potential of the inland waterways as a sustainable and reliable mode of transport;

19.  Calls on the Commission to seek to ensure that the expansion of rail freight transport is intensified with a view to higher network efficiency and faster transport;

20.  Welcomes in this connection the Commission proposal for a regulation of the European Parliament and of the Council concerning a European rail network for competitive freight (COM(2008)0852) and the above-mentioned Commission communication of 18 October 2007;

21.  Underlines the importance of enabling information sharing in intermodal transport, in order to promote and support interaction between soft infrastructure and hard infrastructure (information systems such as ERTMS/RIS/ITS/SESAR/Galileo), to improve interoperability, rolling stock (ERTMS hard- and software equipment in trains and noise reduction of freight wagons), green logistics, intermodal connections and nodes, decentralised door-to-door supply chain services and mobility management;

22.  Stresses the importance of developing harmonised and standardised Intelligent Transport Systems for the TEN-T in order to have more efficient, fluent, safe and environmentally friendly transport management;

23.  Recommends that implementation of the TEN-T be improved by providing better access to information through systems like the TENtec Information System by establishing an open method of coordination involving benchmarking and the exchange of best practices;

24.  Focuses on the need to boost the efficiency of existing infrastructure within TEN-T projects in the short term, in particular where the implementation of such projects has already started, in order to make the corridors more viable and efficient and without simply waiting for the long term realisation of very large projects within these corridors;

25.  Supports the Green Paper's "Structural option 3 for the shaping of TEN-T", i.e. a dual layer, consisting of a comprehensive network, based on the current TEN-T maps, and an intermodal "core network", still to be defined and with rail, sustainable waterways and ports and their connection with logistical centres as priorities;

26.  Supports the concept of a 'core network' consisting of a 'geographical pillar' and a 'conceptual pillar', whereby the 'conceptual pillar' contains criteria and objectives enabling projects, corridors and network parts to be identified flexibly over time rather than rigidly at the start of the budgeting period for the entire period; takes the view that it should be possible to expand TEN-T flexibly during the budgeting period in order to adapt to changing market conditions;

27.  Recognises the crucial role of Member States, in consultation with their regional and local authorities, stakeholders of civil society and local populations, in deciding, planning and financing transport infrastructure, including European cross-border coordination and cooperation; expects more coherence from the Council between requests for TEN-T projects and decisions on TEN-T budgets; in view of the mid-term review of the EU financial framework and also with regard to the current discussion on the EU Recovery Plan, asks Member States to properly consider the issue of the necessary financial support to the transport infrastructures which are part of the TEN–T network as a priority according to the EU policy so far established;

28.  Fully agrees with the Community aim of reducing administrative burden and therefore strongly encourages the Commission to revise the financial frameworks for the TEN-T priority projects with a view to further cutting red tape;

29.  Asks the Member States and the Commission to reinforce the coordination of the policies pursued at national level in order to establish consistency in the co-financing and the realisation of the TEN-T programme in accordance with Articles 154 and 155 of the EC Treaty;

30.  Emphasises in this regard that the financial crisis puts greater pressure on the European Union, Member States and regions to base decisions concerning transport infrastructure projects on sound cost-benefit assessments, sustainability and the European trans-border added value;

31.  Notes, however, that investing in transport infrastructure is one key way of tackling the economic and financial crisis, and therefore calls on the Commission to speed up the infrastructure projects linked to TEN-T and financed under the Structural and/or Cohesion funds; calls on Member States to reassess their investment priorities taking into account this approach, in order to speed up the TEN-T projects under their responsibility, particularly in cross-border sections;

32.  Reminds the Commission that EU co-financing for transport infrastructure projects by TEN-T, cohesion, regional funds and the EIB must correspond with the following criteria: economic viability, enhanced competitiveness, promotion of the single market, environmental sustainability, transparency for taxpayers and citizen's involvement (partnership principle); in this respect, emphasises the importance of developing public-private partnerships to finance TEN-T projects and the need to come up with flexible solutions for the problems that arise in works of this scale (geographical and technical difficulties, public opposition, etc.);

33.  Calls on the Commission to ensure in this connection that projects assessed under EU financial programmes take account of their possible impact on national financing for other necessary investments which are not supported from EU funds; takes the view, in particular, that the appropriations used by Member States to supplement EU-funded projects should not be allocated at the expense of maintaining or investing in feeder lines; takes the view, rather, that projects should therefore be drawn up and assessed at least partially on the basis of their potential for integrating (and not neglecting) the development and maintenance of the necessary supplementary feeder infrastructure;

34.  Underlines the quickly growing investment needs of the European air transport market under the Single European Sky II package as well as the proposed "total aviation system approach"; therefore calls on the Commission to consider raising the share of the available funding for airports and ATM/ANS when revising the TEN-T budgetary framework;

35.  Notes that more research and development is needed on best and most efficient practice in transport infrastructure financing and its positive impact on competitiveness and quantitative and qualitative employment, including public-private partnership experiences in this regard, as has been started already in current Commission studies;

36.  Stresses the need to set up a task force within the TEN-T Executive Agency in order to increase the use of public-private partnership to finance some priority project or sections, and to diffuse the solutions as best practice;

37.  Stresses that increased reliance on public-private partnerships and the European Investment Bank would be no substitute for a significant portion of budgetary funding for large-scale projects with an intergenerational pay-back period;

38.  Favours reconsideration of the TEN-T's budget by the Member States in the context of the mid-term review of the financial perspectives 2009-2010, with a view to reversing the drastic cutting back of other projects and the ambitions to develop railways and waterways that go hand in hand with them;

39.  Stresses the need to allocate a percentage of toll revenue from road infrastructure to funding TEN-T projects in order to increase the leverage effect on borrowing;

40.  Asks the Commission to set out a selection of examples of regional trans-border rail connections, which have been dismantled or abandoned, favouring especially those which could interconnect with TEN-T;

41.  Asks the Commission and the Member States to consider the Eurovelo-Network and Iron Curtain Trail as an opportunity for promoting European trans-border cycling infrastructure networks, supporting soft mobility and sustainable tourism;

42.  Asks the Commission, in order to boost the competitiveness of the whole rail TEN network, to propose – by the end of its mandate - a legislative initiative concerning the opening of the rail domestic passenger markets as from 1 January 2012;

43.  Regrets the slow pace of implementation of priority projects in border areas, particularly those in the Pyrenees that are vital for the Iberian Peninsula and France;

44.  Encourages the Commission to keep the Parliament and the European Council involved in its (multi)annual proposals and choices on co-financing TEN-T projects;

45.  Asks the Commission to report to the European Parliament and the Council, for every priority project, regularly and at least once a year, on the state of play of each project, on the reliability of the project's costs, on the feasibility of each project and on the timing of project's implementation;

46.  Calls on the Commission and the EIB to submit an annual list of specific co-financed projects to Parliament and Council in the case of regional, cohesion and EIB co-financing of TEN-T projects, as is already the case for TEN-T co-financing;

47.  Maintains that, from an ecological and economic point of view, multimodal transport systems, enabling different means of transport to be used on a given route, are in many cases the only viable and sustainable option for the future;

48.  Emphasises that, within the newly enlarged Schengen area, the transport infrastructure between Western and Eastern Europe is of immense significance given the economic growth potential - especially in the new Member States - linked to it; calls on the Commission and the Member States to develop and promote transnational road and rail links between Eastern and Western Europe, supporting in particular cross-border transport infrastructure through a specific action programme implemented in cooperation with local, regional and national authorities; also, points out that better interconnection of TEN-T and third country transport networks would improve the position of border areas in particular and bring added value to interregional cooperation and the EU as a whole;

49.  Instructs its President to forward this resolution to the Council and Commission and the governments and parliaments of the Member States.

(1) Texts adopted, P6_TA(2009)0120.
(2) OJ C 187 E, 24.7.2008, p. 154.
(3) OJ L 15, 17.1.1997, p. 1.
(4) OJ L 167, 30.4.2004, p. 1.
(5) OJ L 162, 22.6.2007, p. 1.
(6) OJ L 228, 23.9.1995, p. 1.


Combating violence against women
PDF 133kWORD 55k
Declaration of the European Parliament on the 'Say NO to Violence against Women' campaign
P6_TA(2009)0259P6_DCL(2008)0094

The European Parliament,

–   having regard to the UN Declaration on the Elimination of Violence against Women of 20 December 1993 and the resolution on the elimination of domestic violence against women, adopted by the UN General Assembly on 22 December 2003, which recognise the urgent need for elimination of violence against women,

–   having regard to its resolutions of 16 September 1997 on the need to establish a European Union wide campaign for zero tolerance of violence against women(1) and of 2 February 2006 on the current situation in combating violence against women and any future action(2),

–   having regard to the UN Development Fund for Women (UNIFEM) campaign 'Say NO to Violence against Women', which highlights the need for action and protection of women against violence,

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

A.   whereas violence against women and girls is a universal problem of pandemic proportions,

B.   whereas, in its above-mentioned resolutions, Parliament stressed the need to establish an EU-wide campaign for zero tolerance of violence against women,

C.   whereas the recent Council of Europe campaign 'Stop Domestic Violence against Women' confirms the need for action and protection of women against violence,

1.  Asks the Commission to declare, within the next five years, a 'European Year on Zero Tolerance of Violence against Women', as repeatedly requested by Parliament;

2.  Calls on the Member States to support the UNIFEM campaign 'Say NO to Violence against Women' by signing its petition;

3.  Instructs its President to forward this declaration, together with the names of the signatories, to the Council and the Commission, as well as to UNIFEM.

List of signatories

Adamos Adamou, Vittorio Agnoletto, Vincenzo Aita, Gabriele Albertini, Alexander Alvaro, Jan Andersson, Georgs Andrejevs, Roberta Angelilli, Rapisardo Antinucci, Kader Arif, Elspeth Attwooll, Marie-Hélène Aubert, Jean-Pierre Audy, Margrete Auken, Inés Ayala Sender, Liam Aylward, Mariela Velichkova Baeva, Katerina Batzeli, Edit Bauer, Jean Marie Beaupuy, Christopher Beazley, Zsolt László Becsey, Angelika Beer, Ivo Belet, Irena Belohorská, Monika Beňová, Maria Berger, Giovanni Berlinguer, Thijs Berman, Šarūnas Birutis, Sebastian Valentin Bodu, Herbert Bösch, Josep Borrell Fontelles, Costas Botopoulos, Catherine Boursier, John Bowis, Emine Bozkurt, Mihael Brejc, Frieda Brepoels, Hiltrud Breyer, André Brie, Danutė Budreikaitė, Kathalijne Maria Buitenweg, Wolfgang Bulfon, Nicodim Bulzesc, Colm Burke, Niels Busk, Cristian Silviu Buşoi, Simon Busuttil, Maddalena Calia, Mogens Camre, Luis Manuel Capoulas Santos, Marco Cappato, Marie-Arlette Carlotti, Carlos Carnero González, Giorgio Carollo, David Casa, Paulo Casaca, Michael Cashman, Françoise Castex, Giusto Catania, Jean-Marie Cavada, Giulietto Chiesa, Călin Cătălin Chiriţă, Ole Christensen, Sylwester Chruszcz, Fabio Ciani, Richard Corbett, Dorette Corbey, Giovanna Corda, Michael Cramer, Jan Cremers, Gabriela Creţu, Brian Crowley, Hanne Dahl, Daniel Dăianu, Dragoş Florin David, Bairbre de Brún, Arūnas Degutis, Jean-Luc Dehaene, Véronique De Keyser, Panayiotis Demetriou, Gérard Deprez, Proinsias De Rossa, Marie-Hélène Descamps, Harlem Désir, Christine De Veyrac, Mia De Vits, Agustín Díaz de Mera García Consuegra, Jolanta Dičkutė, Gintaras Didžiokas, Brigitte Douay, Den Dover, Avril Doyle, Mojca Drčar Murko, Konstantinos Droutsas, Bárbara Dührkop Dührkop, Andrew Duff, Árpád Duka-Zólyomi, Constantin Dumitriu, Lena Ek, Saïd El Khadraoui, Edite Estrela, Harald Ettl, Jill Evans, Robert Evans, Göran Färm, Markus Ferber, Anne Ferreira, Elisa Ferreira, Ilda Figueiredo, Roberto Fiore, Věra Flasarová, Hélène Flautre, Alessandro Foglietta, Glyn Ford, Janelly Fourtou, Juan Fraile Cantón, Armando França, Monica Frassoni, Urszula Gacek, Kinga Gál, Milan Gaľa, Vicente Miguel Garcés Ramón, Iratxe García Pérez, Elisabetta Gardini, Evelyne Gebhardt, Eugenijus Gentvilas, Lidia Joanna Geringer de Oedenberg, Claire Gibault, Neena Gill, Monica Giuntini, Robert Goebbels, Bogdan Golik, Ana Maria Gomes, Donata Gottardi, Hélène Goudin, Genowefa Grabowska, Luis de Grandes Pascual, Martí Grau i Segú, Louis Grech, Nathalie Griesbeck, Lissy Gröner, Elly de Groen-Kouwenhoven, Mathieu Grosch, Pedro Guerreiro, Umberto Guidoni, Zita Gurmai, Fiona Hall, Ioan Lucian Hămbăşan, David Hammerstein, Benoît Hamon, Małgorzata Handzlik, Malcolm Harbour, Marian Harkin, Rebecca Harms, Satu Hassi, Anna Hedh, Jacky Hénin, Erna Hennicot-Schoepges, Jeanine Hennis-Plasschaert, Edit Herczog, Esther Herranz García, Jim Higgins, Jens Holm, Mary Honeyball, Richard Howitt, Ian Hudghton, Stephen Hughes, Alain Hutchinson, Filiz Hakaeva Hyusmenova, Sophia 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(1) OJ C 304, 6.10.1997, p. 55.
(2) OJ C 288 E, 25.11.2006, p. 66.

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