European Parliament legislative resolution of 18 May 2010 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing a European Asylum Support Office (16626/2/2009 – C7-0049/2010 – 2009/0027(COD))

P7_TA(2010)0158 A7-0118/2010

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (16626/2/2009 – C7-0049/2010),

–  having regard to the Commission proposal to Parliament and the Council (COM(2009)0066),

–  having regard to Article 251(2), Article 63, first paragraph, points (1) and (2), and Article 66 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0071/2009),

–  having regard to its position at first reading(1),

–  having regard to the Commission Communication to Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–  having regard to Article 294(7), Article 74 and Article 78(1) and (2) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 72 of its Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on Civil Liberties, Justice and Home Affairs (A7-0118/2010),

1.  Approves the Council's position;

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

3.  Instructs its President to sign the act with the President of the Council pursuant to Article 297(1) of the Treaty on the Functioning of the European Union;

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

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

(1) Texts adopted, 7.5.2009, P6_TA(2009)0379.

European Parliament legislative resolution of 18 May 2010 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the energy performance of buildings (recast) (05386/3/2010 – C7-0095/2010 – 2008/0223(COD))

P7_TA(2010)0159 A7-0124/2010

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (05386/3/2010 – C7-0095/2010),

–  having regard to the Commission proposal to Parliament and the Council (COM(2008)0780),

–  having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0413/2008),

–  having regard to the Commission Communication to Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–  having regard to Article 294(7) and Article 194(2) of the Treaty on the Functioning of the European Union,

–  having regard to its position at first reading(1),

–  having regard to the opinion of 14 May 2009 of the European Economic and Social Committee(2),

–  having regard to the opinion of 21 April 2009 of the Committee of the Regions(3),

–  having regard to Rule 72 of its Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on Industry, Research and Energy (A7-0124/2010),

1.  Approves the Council position;

2.  Approves the joint statement by Parliament, the Council and the Commission annexed to this resolution;

3.  Takes note of the Commission statements annexed to this resolution;

4.  Notes that the act is adopted in accordance with the Council position;

5.  Instructs its President to sign the act with the President of the Council pursuant to Article 297(1) of the Treaty on the Functioning of the European Union;

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

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

ANNEX

Statements

concerning Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast)

Statement by the European Parliament, the Council and the Commission on Article 290 TFEU

‘The European Parliament, the Council and the Commission state that the provisions of Directive 2010/31/EU are without prejudice to any future position of the institutions as regards the implementation of Article 290 TFEU or individual legislative acts containing such provisions.’

Commission Statement on recess periods

‘The Commission takes note that except in cases where the legislative act provides for an urgency procedure, the European Parliament and the Council consider that the notification of delegated acts shall take into account the periods of recess of the institutions (winter, summer and European elections), in order to ensure that the European Parliament and the Council are able to exercise their prerogatives within the time limits laid down in the relevant legislative acts, and will to act accordingly.’

Commission Statement on Financing for Energy Efficiency in Buildings

‘The Commission underlines the crucial role that financing instruments play for a successful transformation of the European building sector into an energy-efficient and low carbon one. The Commission will continue to encourage Member States to use extensively the available funds under the European Regional Development Fund (currently up to 4 % of the total national amounts of the European Regional Development Fund, representing an amount of EUR 8 billion, can be used for increasing energy efficiency and use of renewable energy in the housing sector, in addition to the un-capped financial support already available for sustainable energies in public and commercial/industrial buildings) and will also support Member States in making better use of all available funds and funding that can act as a leverage for stimulating investments in energy efficiency.

In addition, the Commission will explore the possibility of further developing all existing initiatives, such as the Smart Cities initiative (SET-Plan COM(2009)0519) or the use of the Intelligent Energy - Europe II budget, e.g. for the purpose of knowledge sharing and technical assistance on the establishment of national revolving funds.

Moreover, the Commission will prepare an overview and analysis of financing mechanisms currently in place in Member States and take account of the findings to endeavour to disseminate best practice across the EU.

Finally, the Commission, following the analysis referred to in Article 10(5)of Directive 2010/31/EU, will reflect on the possible future development of financial incentives (inter alia with regard to the Union instruments referred to for this purpose in Article 10(5)(a)) and their optimal use for investments in improved energy efficiency of buildings.‘

(1) Texts adopted, 23.4.2009, P6_TA(2009)0278. (2) OJ C 277, 17.11.2009, p. 75. (3) OJ C 200, 25.8.2009, p. 41.

European Parliament legislative resolution of 18 May 2010 on the proposal for a decision of the European Parliament and of the Council amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’ and repealing Council Decision 2004/904/EC (COM(2009)0456 – C7-0123/2009 – 2009/0127(COD))

P7_TA(2010)0160 A7-0125/2010

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2009)0456),

–  having regard to Article 251(2) and Article 63(2)(b) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C7-0123/2009),

–  having regard to the Commission Communication to Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–  having regard to Article 294(3) and Article 78(2) and Article 80 of the Treaty on the Functioning of the European Union,

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0125/2010),

1.  Adopts the position at first reading hereinafter set out;

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, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 18 May 2010 with a view to the adoption of Decision No .../2010/EU of the European Parliament and of the Council amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2) and Article 80 thereof,

Having regard to the proposal from the European Commission,

Acting in accordance with the ordinary legislative procedure(1),

Whereas:

(1)  In the light of the establishment of a Joint EU Resettlement Programme aiming at increasing the impact of the resettlement efforts in the Union in providing protection to refugees and maximising the strategic impact of resettlement through a better targeting of persons who are in greatest need of resettlement, common priorities with respect to resettlement at Union level should be formulated on a regular basis.

(2)  In order to achieve the objectives of Decision No 573/2007/EC of the European Parliament and of the Council(2), the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union establishing common Union annual priorities with respect to ▌geographic regions and nationalities and the specific categories of refugees to be resettled. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.

(3)  Taking into account the resettlement needs to be set out in the Commission decision establishing the common Union annual priorities for resettlement in accordance with this Decision, it is also necessary to provide additional financial support for the resettlement of persons with respect to ▌ geographic regions and nationalities and to the specific categories of refugees to be resettled, where resettlement is determined to be the most appropriate response to their particular needs.

(4)  In this context, it is appropriate to adapt the timetable as regards the deadline for the submission of data necessary for the calculation of annual allocations between the Member States, the deadline for the submission of annual programmes by Member States and the deadline for the adoption of financing decisions by the Commission.

(5)  In order to encourage more Member States to take part in resettlement actions, additional financial support should be given to Member States taking part in the resettlement programme for the first time.

(6)  It is also necessary to establish the rules for the eligibility of expenditure for the additional financial support for resettlement,

HAVE ADOPTED THIS DECISION:

Article 1

Decision No 573/2007/EC is amended as follows:

(1)  Article 13 is amended as follows:

(2)  Article 20 is amended as follows:

(3)  In Article 35, the following paragraph is added:"

5.  The fixed amount of EUR 4 000 for each resettled person allocated to the Member States shall be granted as a lump sum for each person effectively resettled.

(4)  The following articles are inserted:"

Article 52a

Exercise of the delegation

1.  The power to adopt the delegated acts referred to in Article 13(6) and (7) shall be conferred on the Commission for the period referred to in the first paragraph of Article 1.

2.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 52b and 52c. Where imperative grounds of urgency so require, the procedure provided for in Article 52d shall apply.

Article 52b

Revocation of the delegation

1.  The delegation of power referred to in Article 13(6) and (7) may be revoked at any time by the European Parliament or by the Council.

2.  The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission indicating the delegated powers which could be subject to revocation and the possible reasons for a revocation.

3.  The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 52c

Objections to delegated acts

1.  The European Parliament or the Council may object to a delegated act within a period of one month from the date of notification. At the initiative of the European Parliament or the Council that period shall be extended by one month.

2.  If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and enter into force on the date stated therein.

3.  If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.

Article 52d

Urgency procedure

1.  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed, in accordance with paragraph 2. The notification of a delegated act adopted under this Article to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2.  The European Parliament and the Council may, within a period of three months from the date of notification, object to a delegated act adopted under this Article. In such a case, the act shall cease to be applicable. The institution which objects shall state its reasons.

Article 2

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

Article 3

This Decision is addressed to the Member States.

Done at ,

For the European ParliamentFor the Council

The PresidentThe President

(1) Position of the European Parliament of 18 May 2010. (2) OJ L 144, 6.6.2007, p. 1.

European Parliament legislative resolution of 18 May 2010 on the proposal for a Council regulation amending Regulation (EC) No 1104/2008 on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (COM(2009)0508 – C7-0244/2009 – 2009/0136(NLE))

P7_TA(2010)0161 A7-0126/2010

(Consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2009)0508),

–  having regard to Articles 66 and 67 of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0244/2009),

–  having regard to the Commission Communication to Parliament and the Council entitled ‘'Consequences of the entry into force of the Treaty of Lisbon for ongoing inter-institutional decision-making procedures'’ (COM(2009)0665),

–  having regard to Article 74 of the Treaty on the Functioning of the European Union (TFEU),

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A7-0126/2010),

1.  Approves the Commission proposal as amended;

2.  Notwithstanding the fact that Council is treating SIS 1+ RE as a contingency plan in the event of a failure of SIS II, Parliament, as co-legislator for the establishment of the second generation Schengen Information System (SIS II) (Regulation (EC) No 1987/2006(1)) and budgetary authority, reserves its right to hold in reserve the funds to be allocated for the development of the SIS II in the 2011 annual budget, in order to ensure full parliamentary scrutiny and oversight of the process;

3.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 293(2) TFEU;

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

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

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

Text proposed by the Commission   Amendment Amendment1 Proposal for a regulation – amending act Recital 3 (3)  The preconditions for migration will not be met by 30 June 2010. In order for SIS II to become operational as required by Regulation (EC) 1987/2006 and Decision 2007/533/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA should therefore continue to apply until migration has been completed. (3)  The preconditions for migration will not be met by 30 June 2010. In order for SIS II to become operational as required by Regulation (EC) 1987/2006 and Decision 2007/533/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA should therefore continue to apply until migration has been completed. In the event of a failure of the current SIS II project, after testing, an alternative technical solution should be devised and its full financial implications should be disclosed to all parties concerned. Amendment2 Proposal for a regulation – amending act Recital 4 (4)  The Commission and the Member States should continue to cooperate closely during all steps of the migration in order to complete the process. A group of experts should be established to complement the current organisational structure. (4)  The Commission and the Member States should continue to cooperate closely during all steps of the migration in order to complete the process. In the Council conclusions on SIS II of 26 to 27 February 2009 and 4 to 5 June 2009, an informal body consisting of experts of the Member States and designated as the ‘Global Programme Management Board’ was established to enhance cooperation and provide direct support from the Member States to Central SIS II. A group of experts, called the Global Programme Management Board (GPMB), should therefore be formally established under this Regulation to complement the current organisational structure. In order to ensure efficiency and cost-effectiveness, the members of the GPMB should be appointed on a permanent basis and their number should be limited. Amendment3 Proposal for a regulation – amending act Recital 6 (6)   A technical contingency plan for attaining SIS II functionalities should be foreseen. The description of the technical components of the migration architecture therefore should be adapted to allow for another technical solution regarding the development of Central SIS II. (6)   It is necessary to adapt the legal framework to allow for migration to a possible alternative technical solution if tests show that SIS II cannot be implemented successfully. The description of the technical components of the migration architecture should be adapted to allow for another technical solution regarding the development of Central SIS II. Any alternative technical solution should be based on the best available technology and should be cost-effective and implemented in accordance with a precise and reasonable timetable. The Commission should present a thorough budgetary assessment of the costs associated with such an alternative technical solution in a timely fashion. It should be explicitly stated that the legal framework established by Regulation (EC) No 1987/2006 applies to every solution, regardless of its technical nature. Amendment4 Proposal for a regulation – amending act Recital 16 a (new) (16a)  As the European Parliament is responsible, as co-legislator, for the establishment, operation, and use of SIS II as laid down in Regulation (EC) No 1987/2006, and as the migration is financed from the Union budget, for which the European Parliament is also co-responsible, the European Parliament should be integrated in the decision-making process concerning migration. A favourable opinion from the European Parliament, on the basis of information provided by the Commission on the test results, should be required before the switch-over to a new Schengen Information System. Amendment5 Proposal for a regulation – amending act Article 1 – point -1 (new) Regulation (EC) No 1104/2008 Article 1 – paragraph 1 (-1) Article 1(1) is replaced by the following: ‘1.  The Schengen Information System (SIS), set up pursuant to the provisions of Title IV of the 1990 Schengen Convention (SIS 1+), shall be replaced by a new system, the Schengen Information System II (SIS II) or any alternative technical solution which is based on the best available technology, and is reasonable in terms of a clear timetable for its implementation and cost-effectiveness. The establishment, operation and use of the new system is regulated by Regulation (EC) No 1987/2006.‘ Amendment6 Proposal for a regulation – amending act Article 1 – point -1 a (new) Regulation (EC) No 1104/2008 Article 1 – paragraph 1 a (new) (-1a) In Article 1, the following paragraph is inserted: ‘1a.  If the current SIS II project is discontinued and an alternative technical solution is implemented, references to SIS II in this Regulation shall be read as references to that alternative technical solution.‘ Amendment7 Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 1104/2008 Article 11 – paragraph 2 2.  The Member States participating in SIS 1+ shall migrate from N.SIS to N.SIS II using the interim migration architecture, with the support of France and of the Commission. 2.  The Member States participating in SIS 1+ shall migrate from N.SIS to N.SIS II using the interim migration architecture, with the support of France and of the Commission by 31 December 2011 at the latest. If an alternative technical solution as referred to in Article 11(5a) is implemented, that date may be changed in accordance with the procedure specified in Article 17(2). Amendment8 Proposal for a regulation – amending act Article 1 – point 3 a (new) Regulation (EC) No 1104/2008 Article 11 – paragraph 5 (3a)  Article 11(5) is replaced by the following: ‘5.  The switchover foreseen in the migration process shall be carried out after the validation mentioned in Article 8(7) and after the European Parliament has delivered a favourable opinion on the basis of the information on the test results provided by the Commission in accordance with Article 55(4) of Regulation (EC) No 1987/2006.‘ Amendment9 Proposal for a regulation – amending act Article 1 – point 3 b (new) Regulation (EC) No 1104/2008 Article 11 – paragraph 5 a (new) (3b)  In Article 11, the following paragraph is added: ‘5a.  The development of SIS II may be achieved by implementing an alternative technical solution.‘ Amendment10 Proposal for a regulation – amending act Article 1 – point 3 c (new) Regulation (EC) No 1104/2008 Article 14 – paragraph 5 a (new) (3c)  In Article 14, the following paragraph is added: ‘5a.  The Commission shall develop and implement a package with additional measures in order to prevent the leakage of personal data information from the database and to ensure the protection of personal data for the entire duration of testing and migration from SIS I to the second generation Schengen Information System (SIS II).‘ Amendment11 Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No 1104/2008 Article 17 a – paragraph 1 1.  Without prejudice to the respective responsibilities and activities of the Commission, France and the Member States participating in SIS 1+, a group of technical experts, called the Global Programme Management Board (hereinafter the ‘GPMB’), is hereby set up. The GPMB shall provide a forum for coordination of the central and national SIS II projects. 1.  Without prejudice to the respective responsibilities and activities of the Commission, France and the Member States participating in SIS 1+, a group of technical experts, called the Global Programme Management Board (hereinafter the ‘GPMB’), is hereby set up. The GPMB shall provide a forum for assistance to the development of Central SIS II. It shall facilitate consistency and provide for coordination of the central and national SIS II projects. Amendment12 Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No 1104/2008 Article 17 a – paragraph 2 2.  The GPMB shall be composed of a maximum of 10 experts. A maximum of eight experts and an equal number of alternates shall be designated by the Member States acting within the Council. Two experts and two alternates shall be designated by the Director General of the responsible Directorate-General of the Commission from among Commission officials. Other Commission officials with an interest in the proceedings may attend meetings of the GPMB. 2.  The GPMB shall be composed of a maximum of 10 members who shall be qualified to contribute actively to the development of SIS II and who shall meet on a regular basis. A maximum of eight members and an equal number of alternates shall be designated by the Member States acting within the Council. A maximum of two members and two alternates shall be designated by the Director General of the Commission Directorate-General responsible from among Commission officials. Interested Members or relevant staff of the European Parliament, experts from Member States and Commission officials directly involved in the development of the SIS II projects may attend GPMB meetings at the expense of their respective administration or institution. The GPMB may invite other experts to participate in GPMB meetings as defined in the terms of reference, at the expense of their respective administration, institution or company. Amendment13 Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No 1104/2008 Article 17 a – paragraph 5 5.  The GPMB shall draw up its own terms of reference. They shall take effect after a favourable opinion has been given by the Director General of the responsible Directorate-General of the Commission. 5.  The GPMB shall draw up its own terms of reference. They shall take effect after a favourable opinion has been given by the Director General of the responsible Directorate-General of the Commission. The terms of reference of the GPMB shall include a requirement to publish regular reports and to make those reports available to the European Parliament in order to ensure full parliamentary scrutiny and oversight. Amendment14 Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No 1104/2008 Article 17 a – paragraph 6 6.  Without prejudice to Article 15(2), the administrative costs and travel expenses arising from the activities of the GPMB shall be borne by the general budget of the European Union, to the extent that they are not reimbursed from other sources. As regards travel expenses of the experts in the GPMB designated by the Member States acting within the Council and experts invited pursuant to paragraph 3 of this Article which arise in connection with the work of the GPMB, the Commission's ‘Rules on the reimbursement of expenses incurred by people from outside the Commission invited to attend meetings in an expert capacity’ shall apply. 6.  Without prejudice to Article 15(2), the administrative costs and travel expenses arising from the activities of the GPMB shall be borne by the general budget of the European Union, to the extent that they are not reimbursed from other sources. As regards travel expenses of the experts in the GPMB designated by the Member States acting within the Council and experts invited pursuant to paragraph 3 of this Article which arise in connection with the work of the GPMB, the Commission's ‘Rules on the reimbursement of expenses incurred by people from outside the Commission invited to attend meetings in an expert capacity’ shall apply. The necessary appropriations to cover the cost arising from the meetings of the GPMB shall come from the appropriations currently provided for in the Financial Programming 2010-2013 for the second generation Schengen Information System (SIS II). Amendment15 Proposal for a regulation – amending act Article 1 – point 5 Regulation (EC) No 1104/2008 Article 19 It shall expire on a date to be fixed by the Council, acting in accordance with Article 55(2) of Regulation (EC) No 1987/2006. This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union. It shall expire on a date to be fixed by the Council, acting in accordance with Article 55(2) of Regulation (EC) No 1987/2006, and in any event no later than 31 December 2013.

(1) Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, p. 4).

European Parliament legislative resolution of 18 May 2010 on the proposal for a Council regulation amending Decision 2008/839/JHA on migration from the Schengen Information System (SIS 1+) to the second generation Schengen Information System (SIS II) (COM(2010)0015 – C7-0040/2010 – 2010/0006(NLE))

P7_TA(2010)0162 A7-0127/2010

(Consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2010)0015),

–  having regard to Article 74 of the Treaty on the Functioning of the European Union (TFEU), pursuant to which the Council consulted Parliament (C7-0040/2010),

–  having regard to Rules 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A7-0127/2010),

1.  Approves the Commission proposal as amended;

2.  Notwithstanding the fact that Council is treating SIS 1+ RE as a contingency plan in the event of a failure of SIS II, Parliament, as co-legislator for the establishment of the second generation Schengen Information System (SIS II) (Regulation (EC) No 1987/2006(1)) and budgetary authority, reserves its right to hold in reserve the funds to be allocated for the development of the SIS II in the 2011 annual budget, in order to ensure full parliamentary scrutiny and oversight of the process;

3.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 293(2) TFEU;

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

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

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

Text proposed by the Commission   Amendment Amendment1 Proposal for a regulation – amending act Recital 3 (3)  The preconditions for migration will not be met by 30 June 2010. In order for SIS II to become operational as required by Regulation (EC) 1987/2006 and Decision 2007/533/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA should therefore continue to apply until migration has been completed. (3)  The preconditions for migration will not be met by 30 June 2010. In order for SIS II to become operational as required by Regulation (EC) 1987/2006 and Decision 2007/533/JHA, Regulation (EC) No 1104/2008 and Decision 2008/839/JHA should therefore continue to apply until migration has been completed. In the event of a failure of the current SIS II project, after testing, an alternative technical solution should be devised and its full financial implications should be disclosed to all parties concerned. Amendment2 Proposal for a regulation – amending act Recital 4 (4)  The Commission and the Member States should continue to cooperate closely during all steps of the migration in order to complete the process. A group of experts should be established to complement the current organisational structure. (4)  The Commission and the Member States should continue to cooperate closely during all steps of the migration in order to complete the process. In the Council conclusions on SIS II of 26 to 27 February 2009 and 4 to 5 June 2009, an informal body consisting of experts of the Member States and designated as the ‘Global Programme Management Board’ was established to enhance cooperation and provide direct support from the Member States to Central SIS II. A group of experts, called the Global Programme Management Board (GPMB), should therefore be formally established under this Regulation to complement the current organisational structure. In order to ensure efficiency and cost-effectiveness, members of the GPMB should be appointed on a permanent basis and their number should be limited. Amendment3 Proposal for a regulation – amending act Recital 6 (6)   A technical contingency plan for attaining SIS II functionalities should be foreseen. The description of the technical components of the migration architecture therefore should be adapted to allow for another technical solution regarding the development of Central SIS II. (6)   It is necessary to adapt the legal framework to allow for migration to a possible alternative technical solution if tests show that SIS II cannot be implemented successfully. The description of the technical components of the migration architecture should be adapted to allow for another technical solution regarding the development of Central SIS II. Any alternative technical solution should be based on the best available technology and should be cost-effective and implemented in accordance with a precise and reasonable timetable. The Commission should present a thorough budgetary assessment of the costs associated with such an alternative technical solution in a timely fashion. It should be explicitly stated that the legal framework established by Decision 2007/533/JHA applies to every solution, regardless of its technical nature. Amendment4 Proposal for a regulation – amending act Recital 16 a (new) (16a)  As the European Parliament is responsible, as a co-legislator, for the establishment, operation and use of SIS II as laid down in Regulation (EC) No 1987/2006, and as the migration is financed from the Union budget, for which the European Parliament is also co-responsible, the European Parliament should be integrated in the decision-making process concerning migration. A favourable opinion from the European Parliament, on the basis of information provided by the Commission on the test results, should be required before the switchover to a new Schengen Information System. Amendment5 Proposal for a regulation – amending act Article 1 - point -1 (new) Council Decision 2008/839/JHA Article 1 – paragraph 1 (-1) Article 1(1) is replaced by the following: ‘1.  The Schengen Information System (SIS 1+), set up pursuant to the provisions of Title IV of the 1990 Schengen Convention, shall be replaced by a new system, the Schengen Information System II (SIS II) or any alternative technical solution which is based on the best available technology and is reasonable in terms of a clear timetable for its implementation and cost-effectiveness. The establishment, operation and use of the new system is regulated by Decision 2007/533/JHA.‘ Amendment6 Proposal for a regulation – amending act Article 1 – point -1 a (new) Council Decision 2008/839/JHA Article 1 – paragraph 1 a (new) (-1a) In Article 1, the following paragraph is inserted: ‘1a.  If the current SIS II project is discontinued and an alternative technical solution is implemented, references to SIS II in this Decision shall be read as references to that alternative technical solution.‘ Amendment7 Proposal for a regulation – amending act Article 1 – point 3 Council Decision 2008/839/JHA Article 11 – paragraph 2 2.  The Member States participating in SIS 1+ shall migrate from N.SIS to N.SIS II using the interim migration architecture, with the support of France and of the Commission. 2.  The Member States participating in SIS 1+ shall migrate from N.SIS to N.SIS II using the interim migration architecture, with the support of France and of the Commission by 31 December 2011 at the latest. If an alternative technical solution, as referred to in Article 11(5a), is implemented, that date may be changed in accordance with the procedure specified in Article 17(2). Amendment8 Proposal for a regulation – amending act Article 1 –- point 3 a (new) Council Decision 2008/839/JHA Article 11 - paragraph 5 (3a)  Article 11(5) is replaced by the following: ‘5.  The switchover foreseen in the migration process shall be carried out after the validation mentioned in Article 8(7) and after the European Parliament has delivered a favourable opinion on the basis of the information on the test results provided by the Commission in accordance with Article 71(4) of Decision 2007/533/JHA.‘ Amendment9 Proposal for a regulation – amending act Article 1 - point 3 b (new) Council Decision 2008/839/JHA Article 11 – paragraph 5 a (new) (3b)  In Article 11, the following paragraph is added: ‘5a.  The development of SIS II may be achieved by implementing an alternative technical solution.‘ Amendment10 Proposal for a regulation – amending act Article 1 – point 3c (new) Council Decision 2008/839/JHA Article 14 – paragraph 5 a (new) (3c)  In Article 14, the following paragraph is added: ‘5a.  The Commission shall develop and implement a package with additional measures in order to prevent the leakage of personal data information from the database and to ensure the protection of personal data for the entire duration of testing and migration from SIS I to the second generation Schengen Information System (SIS II).‘ Amendment11 Proposal for a regulation – amending act Article 1 – point 4 Council Decision 2008/839/JHA Article 17a – paragraph 1 1.  Without prejudice to the respective responsibilities and activities of the Commission, France and the Member States participating in SIS 1+, a group of technical experts, called the Global Programme Management Board (hereinafter the ‘GPMB’), is hereby set up. The GPMB shall provide a forum for coordination of the central and national SIS II projects. 1.  Without prejudice to the respective responsibilities and activities of the Commission, France and the Member States participating in SIS 1+, a group of technical experts, called the Global Programme Management Board (hereinafter the ‘GPMB’), is hereby set up. The GPMB shall provide a forum for assistance to the development of Central SIS II. It shall facilitate consistency and provide for coordination of the central and national SIS II projects. Amendment12 Proposal for a regulation – amending act Article 1 – point 4 Council Decision 2008/839/JHA Article 17a – paragraph 2 2.  The GPMB shall be composed of a maximum of 10 experts. A maximum of eight experts and an equal number of alternates shall be designated by the Member States acting within the Council. Two experts and two alternates shall be designated by the Director General of the responsible Directorate-General of the Commission from among Commission officials. Other Commission officials with an interest in the proceedings may attend meetings of the GPMB. 2.  The GPMB shall be composed of a maximum of 10 members who shall be qualified to contribute actively to the development of the SIS II and who shall meet on a regular basis. A maximum of eight members and an equal number of alternates shall be designated by the Member States acting within the Council. A maximum of two members and two alternates shall be designated by the Director General of the responsible Directorate-General of the Commission from among Commission officials. Interested Members or relevant staff of the European Parliament, experts from Member States and Commission officials directly involved in the development of the SIS II projects may attend GPMB meetings at the expense of their respective administration or institution. The GPMB may invite other experts to participate in GPMB meetings as defined in the terms of reference at the expense of their respective administration, institution or company. Amendment13 Proposal for a regulation – amending act Article 1 – point 4 Council Decision 2008/839/JHA Article 17 a – paragraph 5 5.  The GPMB shall draw up its own terms of reference. They shall take effect after a favourable opinion has been given by the Director General of the responsible Directorate-General of the Commission. 5.  The GPMB shall draw up its own terms of reference. They shall take effect after a favourable opinion has been given by the Director General of the responsible Directorate-General of the Commission. The terms of reference of the GPMB shall include a requirement to publish regular reports and to make those reports available to the European Parliament in order to ensure full parliamentary scrutiny and oversight. Amendment14 Proposal for a regulation – amending act Article 1 – point 4 Council Decision 2008/839/JHA Article 17 a – paragraph 6 6.  Without prejudice to Article 15(2), the administrative costs and travel expenses arising from the activities of the GPMB shall be borne by the general budget of the European Union, to the extent that they are not reimbursed from other sources. As regards travel expenses of the experts in the GPMB designated by the Member States acting within the Council and experts invited pursuant to paragraph 3 of this Article which arise in connection with the work of the GPMB, the Commission's ‘Rules on the reimbursement of expenses incurred by people from outside the Commission invited to attend meetings in an expert capacity’ shall apply. 6.  Without prejudice to Article 15(2), the administrative costs and travel expenses arising from the activities of the GPMB shall be borne by the general budget of the European Union, to the extent that they are not reimbursed from other sources. As regards travel expenses of the experts in the GPMB designated by the Member States acting within the Council and experts invited pursuant to paragraph 3 of this Article which arise in connection with the work of the GPMB, the Commission's ‘Rules on the reimbursement of expenses incurred by people from outside the Commission invited to attend meetings in an expert capacity’ shall apply. The necessary appropriations to cover the cost arising from the meetings of the GPMB shall come from the appropriations currently provided for in the Financial Programming 2010-2013 for the second generation Schengen Information System (SIS II). Amendment15 Proposal for a regulation – amending act Article 1 – point 5 Council Decision 2008/839/JHA Article 19 It shall expire on a date to be fixed by the Council, acting in accordance with Article 71(2) of Decision 2007/533/JHA. This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union. It shall expire on a date to be fixed by the Council, acting in accordance with Article 71(2) of Decision 2007/533/JHA, and in any event no later than on 31 December 2013.

(1) Regulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, p. 4).

European Parliament resolution of 18 May 2010 on the establishment of a joint EU resettlement programme (2009/2240(INI))

P7_TA(2010)0163 A7-0131/2010

The European Parliament,

–  having regard to Articles 78 and 80 of the Treaty on the Functioning of the European Union,

–  having regard to international and European human rights instruments, in particular to the United Nations Convention relating to the Status of Refugees, the International Covenant on Civil and Political Rights (ICCPR), the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the Charter of Fundamental Rights of the European Union (the Charter), and the rights and guarantees which they confer upon refugees and persons seeking international protection,

–  having regard to the United Nations Convention on the Rights of the Child and the primary concern of the Member States to protect the best interests of the child,

–  having regard to the Commission Green Paper on the future Common European Asylum System (COM(2007)0301) of 6 June 2007,

–  having regard to the Commission Policy Plan on Asylum: An integrated approach to protection across the EU (COM(2008)0360) of 17 June 2008,

–  having regard to the Conclusions of the 2908th meeting of the Justice and Home Affairs Council on 28 November 2008 ((16325/1/08 REV 1 (Presse 344)) with special regard to the reception of Iraqi refugees,

–  having regard to the Communication from the Commission to the European Parliament and the Council on the Establishment of a Joint EU Resettlement Programme (COM(2009)0447),

–  having regard to the Proposal for a Decision of the European Parliament and of the Council amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 (COM(2009)0456),

–  having regard to its resolution of 25 November 2009 on the Communication from the Commission to the European Parliament and the Council – An area of freedom, security and justice serving the citizen – Stockholm programme(1),

–  having regard to the comments of the United Nations High Commissioner for Refugees (UNHCR) on the Commission Communication on the Establishment of a Joint EU Resettlement Programme and the Proposal for the amendment of Decision 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013,

–  having regard to its position of 7 May 2009 on 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(2),

–  having regard to Rule 48 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0131/2010),

A.  whereas a fair and realistic migration policy in the European Union, entailing the establishment of a Common European Asylum System (CEAS), must comprise an effective, sound and sustainable resettlement programme, providing a durable solution for refugees who cannot return to their country of origin and whose protection or livelihood cannot be assured in first countries of asylum,

B.  whereas resettlement serves not only a humanitarian purpose towards persons resettled, but also to relieve third countries of the burden associated with hosting large numbers of refugees and is a very useful instrument for apportioning responsibility,

C.  whereas currently only 10 Member States resettle refugees on a yearly basis, with little coordination among themselves on the resettlement priorities, causing a lack of strategic use of resettlement as an EU external policy instrument,

D.  whereas strategic use of the resettlement programme could have direct and indirect benefits not only for refugees being resettled but also for other refugees remaining in the first country of asylum, for the host country and for other countries and also with regard to all international arrangements for their protection,

E.  whereas the resettlement programme may help to make illegal immigration less attractive to refugees seeking to enter the European Union,

F.  whereas the need to show solidarity to third countries sheltering large numbers of refugees in need of international protection is a major factor and reflects the need to show solidarity within the EU also,

G.  whereas the EU share of the global resettlement of refugees remains quite modest; whereas this impacts negatively on the ambition of the EU to play a prominent role in global humanitarian affairs and in the international scene,

H.  whereas effective solidarity must be at the centre of common immigration and asylum policies among Member States, which should allow a fair share of responsibility for compliance with international obligations concerning the protection of refugees, as well as towards third countries which are heavily burdened with hosting large numbers of refugees,

I.  whereas in its 7 May 2009 Resolution, the European Parliament also called for mandatory solidarity in the resettlement of refugees within the EU in cases where, inter alia, the reception capacities of one Member State are insufficient, in order to facilitate the resettlement of beneficiaries of international protection in other Member States, providing that those concerned consent and that their fundamental rights are respected,

J.  whereas cooperation with third countries which have already carried out several programmes of resettlement should be fostered, in order to benefit, through exchange of best practices, from their experience of reception and integration measures and the general quality of resettlement initiatives,

K.  whereas both local and international, governmental and nongovernmental organisations, especially the UNHCR, should be involved in all stages of the EU Resettlement Programme, contributing with their specific information, technical expertise, logistic forecasting and experience,

L.  whereas the European Resettlement Programme must not make the process of resettlement more complicated,

M.  whereas the European Asylum Support Office (EASO) is expected to become operational in 2010; whereas it will be able to offer support to the Member States in carrying out resettlement initiatives, while ensuring coordination of policies within the EU; whereas the European Asylum Support Office must actively participate in deliberations between the Member States, the Commission and the UNHCR,

N.  whereas attention should be drawn not only to the need to involve more Member States in resettling refugees but also to the quality, sustainability and effectiveness of the resettlement, focusing on integration measures,

O.  whereas refugees should be promptly granted access to language and cultural courses and, where necessary, to medical and psychological care,

P.  whereas access to job opportunities for adults and immediate integration of minors in schools constitute an essential step with a view to the success of an effective resettlement initiative and that they should for this reason have access to educational and professional guidance services,

Q.  whereas there are several entities, in public administration (such as municipalities) as well as in civil society, varying from NGOs to charities and from schools to social services, that have the experience and expertise necessary to carry out follow-up measures,

R.  whereas cooperation with the above-mentioned entities – especially the municipalities – has been of great value in the reception and integration of refugees in countries with a consolidated practice of resettlement,

S.  whereas the priority-setting should become as flexible as possible, without ever disregarding the effective priority which must be given to the categories of most vulnerable people as indicated by the UNHCR,

T.  whereas resettlement is to be implemented as a complement to and without disregard for the other durable solutions provided for people seeking international protection in the EU, and whereas the efforts in refugee resettlement should not lessen the endeavour to guarantee fair and effective access to asylum inside the EU,

U.  whereas internal relocation programmes also play an important role and should be supported in addition to the resettlement activities dealt with by this report,

V.  whereas in its 7 May 2009 Resolution, the European Parliament also called for a scheme to reallocate beneficiaries of international protection from Member States which are faced with specific and disproportionate pressures to others, in consultation with the office of the United High Commissioner for Refugees, while ensuring that the reallocation follows non-discretionary, transparent and unequivocal rules, which must also be implemented further Parliament's request,

W.  whereas without access to information, human resources, expert advice and permanent follow-up on the resettlement efforts, Member States which have never participated in resettlement programmes will face great difficulties in joining and it will be difficult to achieve the objective of involving more Member States,

A real and effective EU Resettlement Programme

1.  Welcomes the initiative of the Commission to propose a change to the European Refugee Fund in order to incorporate the impact of the EU Resettlement Programme;

2.  Appreciates the general objectives set out in the Communication on the EU Resettlement Programme as mentioned above and the growing attention devoted to resettlement in the overall EU asylum policy;

3.  Calls for measures to inform the Member States and local authorities of the benefits accruing from the resettlement of refugees;

4.  Recalls, however, that a budget line and financial support are not sufficient to establish a real EU-wide resettlement programme;

5.  Urges the Member States to promote the creation of private funding mechanisms and more widespread public-private initiatives so as to underpin the European Resettlement Programme;

6.  Calls for a more ambitious programme which ensures the quality and effectiveness of the resettlement, containing specific guidelines on a new model of priority-setting, incentives to attract more Member States to resettle refugees, consistency of resettlement with other EU asylum policies and standards of reception conditions and follow-up measures to be taken in each resettlement initiative;

7.  Considers that under the new financial perspectives (2013–2017) a specific envelope for resettlement should be established. Such an envelope could take the form of a dedicated resettlement fund and should provide financial support for a more ambitious resettlement programme;

8.  Welcomes the opening of the new Emergency Transit Centre (ETC) in Romania offering temporary accommodation for refugees in urgent need of resettlement and/or refugees unable to remain in their countries of first asylum; calls on the Commission to make use of this and also to promote resettlement through the Emergency Transit Centre;

9.  Welcomes the ad hoc initiatives taken by a number of Member States in accommodating refugees in urgent need of resettlement while recognising the need for such initiatives to take a more structured form;

Requirements for efficiency and responsiveness of resettlement measures

10.  Underlines that an effective EU Resettlement Programme should provide protection and durable solutions both for long–term, protracted refugee situations and for rapid and adequate responses in case of emergency or unforeseen urgency, and that the setting of annual priorities should be such as to enable a prompt reaction to sudden humanitarian crises which might occur throughout the year;

11.  Insists on the importance of allowing the execution of fieldwork in order to prepare the resettlement of refugees, to evaluate their needs and to permit adequate planning of the future phases of resettlement, apart from the information that might be provided by the UNHCR and by NGOs and other organisations;

12.  Encourages a private-public partnership with NGOs and further social partners such as religious and ethnical organisations to contribute to the implementation of the resettlement and the promotion of voluntary work in this field;

13.  Believes that municipalities already involved, or becoming involved, in resettlement should create partnerships and twinnings with other municipalities in their home country and in the EU Member States in order to exchange their experiences in this field and strengthen cooperation across the EU;

14.  Stresses the need to establish a structured cooperation framework through measures to gather expertise and enable information collecting and sharing; stresses also that an effective EU Resettlement Programme must provide the Member States (those already participating in the programme and those that wish to participate) with access to human resources, expert advice and shared information that may be useful in any phase of the resettlement initiative; recognises that all those involved in resettlement, and especially resettled refugees, are a valuable source of information for the evaluation of resettlement initiatives;

15.  Calls for the consideration and exchange of best practices which foster efficiency between Member States, which may include the promotion of joint programmes, peer evaluation, the setting-up of joint missions, the use of common infrastructures (such as transit centres) and organisation of missions to Member States to evaluate the ongoing resettlement;

16.  Calls for the relevance of follow-up measures on the quality of reception and integration in the host Member States not to be disregarded; considers that the success of resettlement must be defined not only in terms of the physical displacement of refugees from a third country to a Member State but also in terms of the implementation of measures that allow the integration of refugees in the host country;

17.  Calls for special attention to be given to the human resources involved in any present or future EU Resettlement Programme in order to ensure a procedure which allows good practices of adaptation and integration of refugees in the host society, as experience shows that resettlement efforts need to be conducted with monitoring by appropriate officers and experts;

A permanent Resettlement Unit, cornerstone of an effective EU Joint Resettlement Programme

18.  Acknowledges the lack of structured cooperation regarding resettlement activities within the EU, which require considerable logistical preparation, such as selection and orientation missions, medical and security screenings, arrangements for travel and visas and reception and integration programmes, as mentioned in Communication COM(2009)0447;

19.  Confirms, moreover, the view that the absence of mechanisms of cooperation and coordination between Member States raises the costs of the operations related to resettlement, makes them less attractive and reduces their strategic impact;

20.  Recommends, therefore, the creation of a specific unit with proper staff allocated to carry out the necessary coordination between all the ongoing resettlement activities in the Member States;

21.  Believes that the most appropriate institutional framework for this Resettlement Unit would be within the EASO, where it could cooperate in the ambit of EU policies in the area of asylum and migration;

22.  Considers that this unit could establish close contact with the UNHCR and local NGOs, in order to obtain important information to forward to the Member States and EU institutions regarding, for instance, urgent priorities, integration techniques, etc.;

23.  Insists also that the Resettlement Unit could play an important role in the monitoring and evaluation of the effectiveness and quality of the Resettlement Programme at EU level by issuing annual reports on all the activities, based on information gathered by the institutions/authorities involved in the resettlement initiatives in the Member States;

24.  Wishes to emphasise that the Resettlement Unit should keep track of the NGOs, charities and other entities which are able to cooperate with public authorities in the process of resettlement of refugees; notes, moreover, that the above-mentioned Unit should regularly issue documents indicating the standards and criteria that these entities must comply with in order to be eligible to participate in EU resettlement schemes;

25.  Stresses that the EASO can make a very useful contribution to ensuring consistency and complementariness between the EU Resettlement Programme and other EU asylum policies;

Flexible priority-setting

26.  Recognises that an adequate resettlement programme requires a regular update of the nationalities and categories of refugees that should be prioritised in the resettlement process, with special regard to geographical emergencies and particularly vulnerable persons who are most in need of protection;

27.  Believes that the EU annual priorities should be established by the Commission, as proposed, with strong and effective involvement of the UNHCR and the European Parliament at all stages of the identification and assessment of candidates for resettlement;

28.  Suggests that a delegation of Members from its Civil Liberties, Justice and Home Affairs (LIBE), Foreign Affairs (AFET) and Development (DEVE) committees participate in the yearly meeting of the resettlement expert group;

29.  Considers that an EU Resettlement Programme should include specific procedures to involve the European Parliament in the elaboration of the EU annual priorities;

30.  Encourages the EASO to assume an important role in the definition of the resettlement agenda within the EU;

31.  Defends the principle that, in line with the need for adaptability in the EU annual priorities, there should be categories which remain stable every year, so that Member States can resettle particularly vulnerable persons at any time of the year;

32.  Suggests that individual Member States may be enabled to prepare for emergency procedures in cases of unforeseen humanitarian circumstances – for instance, when refugees are under armed attack or when natural accidents or catastrophes seriously affect refugee camps; considers that these procedures would allow resettlement to take place in a short period of time, with the administrative steps being carried out either with a compressed timetable or, in certain cases, after the displacement of the refugees; recommends that this effort should be considered among the aims of the EU Resettlement Programme;

Ensuring that more Member States participate in resettlement

33.  Regrets that only 10 Member States currently have resettlement programmes, established without coordination among themselves;

34.  Recognises that the participation of Member States remains voluntary, given the divergences in reception conditions, collaborating partners and legal criteria that are used to decide who to resettle;

35.  Recognises that certain Member States, particularly in southern Europe, face special challenges because of their location at the external border of the Union;

36.  Calls, nevertheless, for greater incentives to encourage more Member States to participate in the EU Resettlement Programme; acknowledges that, while greater financial assistance is important, one should not undermine the contribution that the EASO can provide with regard to this aspect by helping to equalise the situation through raising the quality of services offered to refugees in Member States and offering assistance with the most efficient practices for hosting and integration;

37.  Suggests more substantial financial assistance to Member States wishing to start participating in the EU Resettlement Programme, in order to help them create a sustainable resettlement programme and to alleviate the initial burden of setting up such an initiative; suggests that, in order to avoid an excessive impact on the European Refugee Fund, the value of the financial assistance should be equalised to the other Member States after the first years of participation to the programme;

38.  Believes that it will not be possible to increase the number of refugees resettled in the EU without an administrative and expert framework to underpin the programme and the creation of permanent structures to prepare for resettlement and follow-up on the integration process;

Follow-up measures

39.  Considers that an effective EU Resettlement Programme must include provisions on follow-up measures, insisting on the quality of the resettlement in each Member State, good standards at every stage from recognition to reception and integration of the refugees;

40.  Calls on the Member States involved in the resettlement programme to evaluate their measures taken in the resettlement procedure so as to secure and improve the refugees' integration. Member States should also follow up regularly on the refugees' integration;

41.  Is of the opinion that governmental authorities should foster maximum cooperation with non-governmental entities (international and local NGOs, for instance) and benefit from the expertise and proximity of the latter in providing the best and most efficient initiatives for resettlement of refugees; participation by civil society in the European Resettlement Programme will underpin support and reception initiatives by the Member States and local authorities;

42.  Advocates intensive efforts on the part of all the entities involved to grant the refugees, especially the most vulnerable, access to adequate housing, health care, education, language courses and psychological assistance, as well as access to the labour market, so as to ensure successful integration;

43.  Calls on the EASO, in particular through its proposed resettlement Unit, to establish clear criteria for quality resettlement in close cooperation with the UNHCR, NGOs and local authorities and follow the resettlement of the refugees, in order to contribute to the evaluation and further improvement of the resettlement activities in the Member States;

44.  Underlines once again the role of the EASO as an entity which could raise awareness of certain shortcomings in the resettlement initiatives, assisting the Member States in finding specific solutions, and encourage better practices if provided with a permanent Resettlement Unit;

45.  Calls for the organisation of a joint annual debate of its Committees on Civil Liberties, Justice and Home Affairs and on Foreign Affairs in order to contribute to the development of the programme;

o
o   o

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

(1) Texts adopted, P7_TA(2009)0090. (2) OJ C 212 E, 5.8.2010, p. 348.

European Parliament resolution of 18 May 2010 on key competences for a changing world: implementation of the Education and Training 2010 work programme (2010/2013(INI))

P7_TA(2010)0164 A7-0141/2010

The European Parliament,

–  having regard to the Commission communication of 25 November 2009 entitled ‘Key competences for a changing world’ (COM(2009)0640),

–  having regard to the eight key skills set out in Recommendation 2006/962/EC of the European Parliament and of the Council of 18 December 2006 entitled ‘Key Competences for lifelong learning – A European Reference Framework’(1),

–  having regard to the 10-year ‘Education and Training 2010’ work programme, and to the subsequent joint interim reports on progress towards its implementation,

–  having regard to the Council Resolution of 15 November 2007 on the new skills for new jobs(2),

–  having regard to the report by the Expert Group on new skills for new jobs entitled ‘New Skills for New Jobs: Action Now’,

–  having regard to the Council conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training (‘ET 2020’)(3),

–  having regard to its resolution of 16 January 2008 on adult learning: it is never too late to learn(4),

–  having regard to its resolution of 18 December 2008 on delivering lifelong learning for knowledge, creativity and innovation – implementation of the ‘Education & Training 2010 work programme(5),

–  having regard to the Framework for European cooperation on in the youth field adopted in November 2009,

–  having regard to the European Development Education Consensus, a strategy framework drawn up by representatives of the EU institutions, the Member States, civil society and other stakeholders in November 2007,

–  having regard to the detailed assessment of national reports and performance against a set of indicators and benchmarks (SEC(2009)1598 and SEC(2009)1616),

–  having regard to Articles 165 and 166 of the Treaty on the Functioning of the EU,

–  having regard to Rule 48 of its Rules of Procedure,

–  having regard to the report of the Committee on Culture and Education (A7-0141/2010),

A.  whereas quality education and training are a must in terms of personal fulfilment of the individual, equality, fighting social exclusion and poverty, active citizenship and social cohesion,

B.  whereas improving the quality of education and training for all students in order to attain better results and competences, initially through new and more incisive policies to increase educational supply, is a priority,

C.  whereas despite some improvement in education and training performance in the European Union the majority of the EU benchmarks set out for 2010 will not be reached, whereas in particular skills levels remain inadequate and whereas one third of the population of Europe have very low-level educational qualifications,

D.  whereas, ten years after the launching of the Bologna Process, the desired convergence between the Member States regarding higher education has not been achieved,

E.  whereas education and training policies should enable all citizens, irrespective of their age, gender, health, physical, mental and psychic conditions and their linguistic, ethnic, national, religious and socio-economic background, to acquire, update and develop their skills and competences throughout their lives,

F.  whereas education and training are key elements in the successful implementation of the Renewed Social Agenda for opportunities, access and solidarity; whereas the implementation of that agenda would help to create more and better jobs and give more European citizens the opportunity to achieve their potential,

G.  whereas a continuous effort is required to ensure that women have equal access to education at all levels and that educational choices are not predetermined by gender stereotypes,

H.  whereas the full implementation of key competences needs further policy action both at the European and national level,

I.  whereas the crucial challenge for education and training in Europe is the reform of education towards a learning-centred holistic education system which prepares young people for being happy, active global citizens who are ready to enter the labour Market,

J.  whereas the implementation and further development of lifelong learning strategies remain a critical challenge for many Member States; whereas stronger focus should be given to the whole life-cycle instead of focusing on specific sectors or groups,

K.  whereas the benefits of educational investment are seen only in the long-term perspective and it is important to ensure that they are not set aside in the policy agenda; whereas we should call for EU guidance on the quality of education and training systems, and avoid budgetary restraint, or at least the resources allocated should increase and not decline; whereas the EU therefore needs to equip itself with budgetary mechanisms not tied to annual programming in the field of education and training,

L.  whereas investment in education and training, retraining and the updating and adaptation of the knowledge and skills of all is an essential precondition for emerging from the crisis and rising to the long-term challenges of global economic competiveness, employment, mobilisation and social inclusion,

M.  whereas more than 80% of primary school teachers and 97% of pre-school teachers in the Union are women, while in secondary education the equivalent figure is only 60%, and in higher education and research less than 40%,

N.  whereas the challenges faced by teachers are increasing as educational environments become more complex and heterogeneous, such as changes in information and communication technologies (ICT), financial restrictions caused by economic crisis, changes to social and family structures, and multiculturalism,

O.  whereas it will be important to implement the EU 2020 Strategic Framework for European Cooperation in Education and Training, in order to address these crucial challenges,

P.  whereas digital competences will be of increasing importance in the evolving knowledge-based economy and labour market of the EU; whereas these competences offer opportunities for economic recovery, fostering entrepreneurship, and increased access to employment,

Q.  whereas sport is one of the most effective means of combating substance abuse (smoking, alcoholism and drug-taking), as school pupils and students in higher education are one of the social groups most at risk in this regard; whereas the participation of school pupils and students in sport depends primarily on the existence of appropriate background infrastructure,

1.  Welcomes the above-mentioned Commission Communication ‘Key competences for a changing world’;

2.  Notes that despite progress in recent years many European citizens are still not yet sufficiently skilled; points out that one in seven young people (18-24) leave school early (6 million drop-outs in EU 27), that one in four 15-year-olds have poor reading skills, that around 77 million people (nearly one third of Europe's population aged 25-64) have no, or low, formal qualifications, that only one quarter have high-level qualifications and that too many European citizens lack ICT skills; stresses that very low skills levels are a persistent problem throughout the EU and is concerned at the rise in the number of young people who are not fully literate at the age of 15 (21.3% in 2000, 24.1% in 2006);

3.  Asks the Commission to continue the debate on ‘New Skills for New Jobs’; points out that, by 2020, 16 million more jobs will need high qualifications and four million more jobs will need medium qualifications, while 12 million fewer jobs will require low qualifications; points out that by 2015 a large majority of jobs, across all sectors, will require ICT skills; calls for this debate to involve all interested parties, including teachers, students, competent professional organizations, relevant NGOs and trade unions, civil society stakeholders, particularly parents' and students' associations, and representatives of business;

4.  Considers it vital to introduce policies seeking to improve the quality of education and training for all students and stresses that, in order for European educational systems to meet the challenge of global competitiveness, it is necessary to increase the educational opportunities available, which must be of a higher level and broader scope in order to meet the pressing demands of professional sectors and the labour market;

5.  Considers language learning crucial for facilitating young people's access to the labour market and for promoting their mobility and equal opportunities;

6.  Calls on the Member States to implement further the European Qualifications Framework;

7.  Urges that attention be given not only to the so-called new ‘green jobs’ but also to ‘white jobs’; points out that by 2030 the proportion of those aged over 65 in relation to those aged 15-64 will increase from 26 % in 2008 to 38 % by 2030; notes that there will therefore be an increasing need for shared policies on active ageing, with particular reference to measures to promote literacy and refresh and update key skills in the field of ICT in order to overcome the digital divide, which is a growing factor in the social exclusion of the elderly;

8.  Notes that the Commission Communication on EU 2020 underlines that the ‘employment rate of women is particularly low’ (only 63% of women are in work compared to 76% of men) and that ‘policies to promote gender equality will be needed to increase labour force participation’; notes that consequently education and training policy needs to be targeted to close this gap in the labour market, thereby contributing to the achievement of sustainable growth and social cohesion; stresses the importance of a non-gender-based education from the youngest possible age;

9.  Calls for special attention to the need to facilitate the integration of people with disabilities, irrespective of their age, in education and training, with particular reference to the genuine integration of disabled children from an early age into educational establishments; underlines the need for proper investments and for a long-term strategy to remove any threshold in this area;

10.  Believes that all education should foster the acquisition of democratic competences by supporting student councils and allowing students to take co-responsibility for their education as enshrined in a Charter on Students Rights; in this regard, calls for a thorough debate in European society about the function and role of education and suggests that the European Citizens' Agora could be the space for such a debate;

11.  Calls on the European Commission, Member States and employers, in close cooperation with education and training providers, to encourage skills upgrading for people from disadvantaged backgrounds;

12.  Recognises that globalisation has profoundly changed Europe's societies and recommends the inclusion of Global/Development Education within all education to enable citizens to deal with the threats and opportunities of a changing world;

13.  Considers it essential, at all levels in education and training, to establish digital and media literacy and to provide an introduction to new technologies and to teach everyone to apply expertise and critical discernment in equal measure when using modern forms of communication and media content; underlines the urgent need to improve the e-skills of all European citizens; points out that training and education in ICT, both at national and EU level, are a necessity, given the increasing importance of these skills in the evolving labour market;

14.  Highlights the importance of sufficient and high-quality support for the development of teachers' competences and of introducing new ways of organising learning in attractive school environments;

15.  Underlines the importance of art, culture and sport in education and training and the need to pay particular attention to these subjects in pre-primary, primary and secondary education and lifelong learning; considers that, as well as developing vocational and technical abilities, cultural and social education are an integral part of education and training policy because they help develop non-academic aptitudes, thus fostering individual fulfilment and the acquisition of basic skills;

16.  Calls on the Member States to ensure there are sufficient funds for investment in sport for educational institutions and to increase the cooperation of the public and private spheres in this area;

17.  Calls on the Member States to ensure sufficient investment in education in order to guarantee accessibility to the labour market for all categories;

18.  Stresses the importance of using history and language as vehicles for the achievement of European social and cultural integration;

Pre-primary education

19.  Draws attention to the importance of high-quality early childhood education for the early acquisition of key competences, including a child's ability to communicate both in his or her mother tongue and in the language of the host country concerned, and in particular for supporting children from disadvantaged backgrounds and with special (learning) needs in order to fight against future poverty and social exclusion;

20.  Draws attention to the importance of promoting a reading culture from pre-school onwards, and to the importance of access to reading material already at the pre-school age;

21.  Draws attention to the importance of education in one's mother tongue including in the case of traditional minorities;

22.  Stresses the importance of multilingualism for mobility: for this reason calls on the Member States to introduce the learning of a second language at an early stage;

23.  Stresses that it is essential to put in place educational support measures for children of immigrants in order to facilitate their adjustment to the educational and social environment of the host country;

24.  Underlines the need to encourage and support actions to enhance children's creativity from an early stage in life, thus better paving the way for a culture of innovation in Europe;

25.  Draws attention to the Barcelona targets that aimed at providing childcare by 2010 for at least 90 % of children between three years old and the mandatory school age and for at least 33 % of children under three years of age and making childcare affordable for as many people as possible;

Primary and secondary education

26.  Underlines the need to continue to develop and confirm language acquisition at primary and secondary school, also with reference to immigrant children, and the importance of being taught in their mother tongue in the case of traditional minorities;

27.  Supports the idea of an educational approach that allows more regular consultation of, and greater participation by, students in the management of the educational process, active participation by students' parents in the educational community and the development of a confidence-based relationship between students and teachers, serving to stimulate the spirit of initiative and the acquisition of social and civic skills that are essential to active citizenship;

28.  Stresses the importance of incorporating new technologies into the syllabus as a necessary learning tool in a modern educational system; supports the idea that children, at an early age under proper supervision, acquire skills enabling them to handle media content and in particular the internet with a sense of responsibility and critical discernment and considers it essential to make children aware of the issues of protection of privacy and personal data and compliance with the rules of copyright;

29.  Considers that the progress made in adapting school curricula to key competences is a positive step, but that it is vital to make further efforts, notably through the recognition and certification of skills acquired in non-formal and informal education, and to support the acquisition of key competences for those at risk of educational under-achievement and social exclusion;

30.  Calls for action to promote physical and sporting activity in schools and the creation of and participation in school championships, which will improve health, foster integration and help develop values that will contribute to the creation of positive patterns of behaviour;

31.  Advocates education and training for children from migrant families, stressing the major contribution of education to the successful integration of migrants into European society;

32.  Calls for a comprehensive strategy for key competence acquisition, ranging from reform of school curricula through to support for ongoing training and professional development of teachers, thus providing for a well-trained educational community; considers that incentives should be offered to teachers to enable them to improve their teaching and to focus on professional development;

33.  Calls on the Member States to introduce new subject combinations and materials in schools providing general education so as to enable young people with one of the most frequent learning disorders – dyslexia – to complete their studies successfully, notwithstanding their learning disability;

34.  Stresses the importance of integrated education in order to prevent social prejudices and discrimination and thus contribute to European social solidarity;

Higher education

35.  Calls for enhanced mobility between higher education institutions, the business world and vocational education and training (e.g. students, teachers, employees, trainers) to promote student-centred learning and the acquisition of competences such as entrepreneurship, intercultural understanding, critical thinking and creativity, which are increasingly needed on the labour market; considers that to this end existing obstacles within the EU should be urgently addressed, with a special focus on the obstacles related to financial and recognition barriers, so as to enhance the quality of mobility experiences for all students; supports higher education quality assurance as a means to reinforce mobility for academic and research purposes and as a precondition for equal job opportunities for EU citizens;

36.  Stresses the importance of providing all young people with a solid grounding in the basic skills that are essential to promoting lifelong mobility and enabling them to deal with developments in the employment market and the emergence of new economic and social needs;

37.  Calls for research programmes to be promoted in order to strengthen the ‘knowledge triangle’ that is crucial for boosting growth and employment in the European Union;

38.  Calls on the Member States to modernise the agenda of higher education and, in particular, to coordinate curricula with the demands of the labour market;

39.  Calls on higher education institutions to modernise their courses and, in general, to accelerate the Bologna Process;

40.  Considers that higher education institutions should become more open to and prepared for all learners, in particular non-traditional learners, students with special needs and disadvantaged groups and that one of the most useful means to that end would be well-funded grant systems whereby young people from poor families could be encouraged to embark on a course of study; also considers that specific policies should be implemented by Member States in order to ensure the fundamental right to education for everyone, including young people with less financial opportunities and that a composite benchmark for equity in higher education should be explored in the future, as part of the Education and Training strategic framework;

41.  Recalls in this context the Council Conclusions(6) of May 2007 on the indicators developed for the follow-up of the Beijing Platform for Action in the areas of education and training of women, in particular higher education and research; regrets, however, that these indicators are not entirely taken into account in the monitoring of the implementation of the Education and Training 2010 work programme; encourages in this respect their use as a tool for monitoring progress towards gender equality in education and training;

42.  Notes that while progress has been made regarding women's access to higher education, women are still under-represented in the disciplines of mathematics, sciences and technology (only 32% of graduates are female, and 68% are male); points out that reducing gender imbalances in these fields would contribute to a decrease in the skills shortages experienced by the EU in those sectors;

43.  Considers non-formal education as an educational field complementary to formal education and recommends that it should be treated as such in educational policy making under ET2020;

44.  Calls for increased, more effective and wider-ranging investment in higher education;

45.  Calls on the Member States to encourage partnerships (at international, national, regional and local level) between higher education institutions, universities, research centres and the business world and financial investment by the business world in higher education;

46.  Calls on Member States to allocate the necessary resources for the higher education sector, so as to make it responsive to global challenges, as a major tool for economic and social recovery following the recent downturn;

47.  Calls on the Member States to support by legislative, administrative and financial means education in their mother tongue for minorities;

Vocational education and training

48.  Insists that high-quality vocational education and training are fundamental to the supply of new professionals and essential for the ‘new skills for new jobs’ action, giving particular attention to expanding work-based learning and apprenticeships, including for young graduates on the basis of agreements between universities and businesses; further considers it important to promote study periods and traineeships for vocational training students in other European Union countries, along the same lines as the Erasmus programme for university students; calls for more support and prestige to be attached to vocational training;

49.  Stresses the need to further modernise vocational training programmes by taking into account the key competences, in order, on the one hand, to improve their quality and make them more attractive to young people while, on the other hand, making them more appropriate to the developing needs of the labour market; considers that vocational training programmes should improve the transversal key competences;

50.  Stresses the need to adopt, on the basis of existing good practice, a model for the recognition of educational credits relating to citizenship skills for young people taking part in volunteer and community service work promoted by non-profit making associations or in the context of development cooperation;

51.  Calls for improved transition between secondary vocational education and training and higher education, which ensures higher qualifications;

52.  Stresses the lifelong learning dimension of the Recommendation on Key Competences and insists that to reach its full implementation more progress is needed in the fields of vocational education and training and in adult learning, including through the legal recognition of a universal right to lifelong education;

53.  Stresses the importance of exchanges of information and of good and successful practice between Member States in the field of vocational education and training;

Lifelong learning

54.  Calls for quick action to tackle the growing number of people with low levels of reading literacy, providing particular support for local authorities, since they are most easily accessible to the public; calls on the Member States and the Commission to focus their attention on the illiterate, whose numbers are still too high, and to take resolute action to tackle this problem – including where adults are concerned;

55.  Is extremely concerned about the increasing numbers of unemployed young people, especially in the current economic crisis; urges Member States to ensure that labour markets are as flexible as possible to ensure that young people can easily find work and move between jobs;

56.  Stresses the need for improved inclusion of education providers in the development of overarching national qualifications frameworks, and for greater recognition of prior education, including that acquired on an informal or ad hoc basis;

57.  Notes that the objectives set in respect of four of the five benchmarks adopted in 2003 will not be reached; calls upon the Commission, the Member States, the regional and local authorities and other actors to examine the causes and take appropriate action to reverse the situation;

58.  Stresses the importance of an ongoing structured dialogue and consultation between those in their final stages of education and training, higher education institutions and business;

59.  Supports the objective of raising adult participation in lifelong learning from 12.5 % to 15 % by 2020, and calls for appropriate action; to this end, calls on universities to facilitate wider access to studying, diversify and broaden the student base and amend study programmes to make them attractive to adults returning to study; calls on the Commission and Member States to take even more decisive action to support and disseminate life-long learning institutions such as ‘Second Chance Schools’; calls for the gender perspective to be taken into account and promoted in the implementation of lifelong learning strategies; draws attention to the fact that universities of the third age play an essential role in life-long learning;

60.  Notes that one of the main obstacles faced by adults wanting to participate in education and training is the lack of supporting facilities for their families; therefore encourages the Member States to create supporting measures, as a means of ensuring that all students and workers with family responsibilities (e.g. childcare, or other dependants) have the opportunity to update and/or increase their skills and competences, on the basis of good practice developed in this field under European Social Fund programming, involving service and reconciliation vouchers; considers that the opportunities of e-learning in particular should be explored as these allow for greater flexibility in combining education, work and care;

61.  Encourages the European Institute for Gender Equality to take steps with a view to improving the collection and analysis of comparable data on gender equality in the field of education and training, and ensure that statistics on the relevant indicators relating to the Beijing Platform for Action are made readily available and are regularly updated;

62.  Recommends to educational and training establishments that they seek to publicise more widely their programmes that are open to adults and to simplify the administrative procedures for gaining access to these programmes;

63.  Calls upon the European Commission to take full account of the expertise of stakeholders and of their role in implementing the ET2020 strategy;

64.  Calls upon the European Commission to include non-formal education, Vocational Education and Training and school students in the upcoming Mobility Benchmark for ET2020 and to take over the Bologna Process benchmark on mobility of students;

o
o   o

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

(1) OJ L 394, 30.12.2006, p. 10. (2) OJ C 290, 4.12.2007, p. 1. (3) OJ C 119, 28.5.2009, p. 2. (4) OJ C 41 E, 19.2.2009, p. 46. (5) OJ C 45 E, 23.2.2010, p. 33. (6) Council Document 9152/2007.

European Parliament resolution of 18 May 2010 on deontological questions related to companies' management (2009/2177(INI))

P7_TA(2010)0165 A7-0135/2010

The European Parliament,

–  having regard to the Commission recommendation of 30 April 2009 complementing Recommendations 2004/913/EC and 2005/162/EC as regards the regime for the remuneration of directors of listed companies(1),

–  having regard to the Commission recommendation of 30 April 2009 on remuneration policies in the financial services sector(2),

–  having regard to the communication from the Commission accompanying the two above mentioned recommendations, which was also published on 30 April 2009 (COM(2009)0211),

–  having regard to the proposal for a directive of the European Parliament and of the Council amending Directives 2006/48/EC and 2006/49/EC as regards capital requirements for the trading book and for re-securitisations, and the supervisory review of remuneration policies (COM(2009)0362),

–  having regard to Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the exercise of certain rights of shareholders in listed companies(3),

–  having regard to Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC(4),

–  having regard to Rule 48 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0135/2010),

A.  whereas the European Union and the rest of the world are experiencing the severest economic crisis of the last 60 years, the real economy is experiencing its worst recession of that period, and difficult employment conditions are anticipated despite a relative upturn in the economy,

B.  whereas, irrespective of the type of company or the sector in which it operates, a number of questions related to companies' management are important in the general context of the deontology of business conduct, such as the duty of care, transparency, corporate social responsibility, risk management, the economic sustainability of financial investment decisions, board of directors or supervisory board practices or the exercise of shareholders' rights; whereas the recent financial crisis showed that those questions need to be considered in the light of preserving financial stability and continuously analysed in order to help find solutions allowing companies to face current challenges and to help promote economic growth and higher employment within the EU,

C.  whereas the crisis also showed close links between risk management and remuneration policy and the importance of the latter in the mechanisms governing the proper functioning of companies; for this reason risk management should be duly taken into account when devising remuneration policy so as to enable effective risk management systems to be built into a broader, balanced approach to governance, and to ensure that if incentive systems are set up, care is taken to provide appropriate risk management systems as a counterbalance,

D.  whereas companies in all sectors share a number of classes of risk, although some types of risk are sector-specific (such as risks facing companies active in the financial sector); whereas failure of effective risk management resulting from inadequate monitoring of compliance with supervision rules and misaligned incentives in remuneration policies played a central role in the recent financial crisis,

E.  whereas risk management should be understood and applied at the level of the whole organisation and not only of its individual operational units; it should also be disclosed, transparent and subject to reporting requirements,

F.  whereas any solution should ensure that, when the risk is taken, it accords with the purpose of the business and the strategy of the company with due regard to effective risk management; effective risk management should be regarded as one of the most important elements of good corporate governance in all companies,

G.  whereas one of the first steps taken by the Commission after the crisis addressed the issue of remuneration policy by complementing Commission Recommendations 2004/913/EC and 2005/162/EC, which aimed to ensure appropriate remuneration policy by setting out best practices for its design with a new recommendation as regards the regime for remuneration of directors of listed companies and by publishing a recommendation on remuneration policies in the financial services sector,

H.  whereas the degree of recommendation varies, depending on the type of company, with due regard to size, internal organisation and complexity of activities; whereas such distinctions can be made between financial (listed or not) and listed but non-financial companies, and between different sectors of the financial industry such as banking, insurance and fund management,

I.  whereas in the context of remuneration several points need to be considered, such as (i) remuneration schemes, including their structure, transparency and symmetry and the link between remuneration and incentive, (ii) the process of determining the remuneration schemes, including the definition of actors, roles and responsibilities, (iii) control over remuneration schemes, with particular attention given to shareholders, and (iv) total remuneration including salaries and pensions,

J.  whereas some aspects of principles of paramount importance contained in the recommendations remain unclear and must be put properly into practice, such as the concept of performance criteria, which should help in creating the link between pay and performance, the notion of ‘inadequate performance’ in the case of termination payments, the termination payment and variable components of remuneration in the financial services sector,

K.  whereas, given the recurring difficulties in defining the link between pay and performance, the focus should be on the effectiveness of the process in which remuneration policy is determined and on transparency, both of which should be based on sound governance defined and assessed by reference to an appropriate time-frame, oriented towards the medium to long term so as to avert dangerous, unsustainable risk management policies geared to the short term (if not the very short term), with defined, separated roles and the responsibilities of those involved,

L.  whereas any adopted solutions should not follow the one-size-fits-all principle and companies should retain flexibility in adjusting systems to their own needs,

M.  whereas ex-post assessment of the performance and remuneration policy is needed,

N.  whereas transparency proved to be an important element of good governance; whereas it should not be reduced to mere disclosure, but it should mean that companies are able to explain the choice of a particular remuneration policy,

O.  whereas disclosure of the policy on directors' remuneration in a clear and easily understandable way should in principle benefit the process of taking decisions on remuneration policy, in particular by shareholders; such disclosure could include detailed disclosure in the annual accounts or in the remuneration report of the total remuneration and other benefits granted to individual directors,

P.  whereas the company's objective should be constructive engagement of shareholders and employees; whereas this requires exploration of other measures for effective involvement of shareholders in shaping the company's policy on remuneration (such as the possibility introduced in Germany for companies to seek shareholders' approval of a tier remuneration policy through an advisory vote), in particular since shareholders are not always willing or prepared to take on a more active role; whereas this should also mean that ways should be explored of ensuring more proactive rather than reactive behaviour by shareholders vis-à-vis boards,

Q.  whereas, especially in the listed companies, non-participation by shareholders is substantial, and electronic voting should therefore be encouraged in shareholders' meetings,

R.  whereas existing legislation on information and consultation of workers as regards management of their firms must be correctly implemented so as to make possible a genuine dialogue with management and a clear definition of the firms' remuneration practices and objectives,

S.  whereas it falls within the legal remit of company boards to establish criteria for management remuneration and fix the levels of such remuneration,

T.  whereas voluntary standards are essential in improving boards' performance and a review of good practices may be necessary,

U.  whereas the aim should be to create competent boards of directors and supervisory boards capable of objective and independent judgment; whereas boards' effectiveness and efficiency should be evaluated,

V.  whereas, owing to the acknowledged weaknesses of the current system of corporate governance, a percentage ( for ex. 1/3) of the directors ( members of the board) should be professionals, remunerated, responsible and subordinated only to the shareholders; whereas their responsibility and subordination should be filtered through professional expertise,

W.  whereas, while legislating in this area might be a more difficult and time-consuming option than adoption of recommendations, the soft law approach is not satisfactory,

X.  whereas the Commission plans to follow up the recommendations with legislative proposals to bring remuneration schemes within the scope of prudential oversight, and has proposed notably to revise the Capital Requirements Directive; whereas the Commission intends to examine additional measures in relation to non-banking financial services,

Y.  whereas recommendations issued by the Commission in respect of listed companies do not necessarily represent appropriate general guidelines for developing best practices in non-listed companies,

Z.  whereas uniform and coherent implementation of any instrument adopted in this area throughout the EU and by all relevant parties is essential,

1.  Welcomes steps aiming at addressing the deontological aspects of companies' management, which the recent financial crisis reveals are far from resolved; welcomes in this context the two recommendations issued by the Commission;

2.  Points out that the soft law approach is however not satisfactory;

3.  Welcomes therefore the Commission's first legislative proposal allowing the EU legislator to properly address the relevant issues, i.e. the amendment of the Capital Requirements Directive;

4.  Endorses the principles which the Commission put forward in its recommendations of 30 April 2009 concerning, firstly, remuneration regimes and governance arrangements with regard to the remuneration of the directors and managers of listed companies, and, secondly, on remuneration regimes and the process of drafting and implementing remuneration policy (governance), the transparency of remuneration policy and prudential supervision (surveillance) in the financial sector, but emphasises that these recommendations have not been put into practice satisfactorily by the Member States;

5.  Maintains that the EU needs an industrial, social, and environmental model geared to the long term, consistent with the general interest – of companies, shareholders, and workers – and with a new financial architecture based on a system of prudential and deontological rules and on national and European supervisory authorities with binding powers; also believes that the financial sector should meet the needs of the real economy, help to promote sustainable growth and display the greatest possible degree of social responsibility;

6.  Recalls that, during the process of economic renewal, in addition to supporting the real economy, measures for the protection of jobs, training and working conditions are of major importance and should be taken into account by all stakeholders;

7.  Maintains that remuneration policies making for sound, sustainable governance are necessary not just for deontological reasons, but also for eminently economic reasons, given that policies of this kind have a direct impact in terms of assets and the development outlook for companies themselves as well as the economy in general, and of preserving and creating higher levels of employment;

8.  Considers that provisions on remuneration policies for directors of banks and credit institutions have to be more than mere recommendations and must hence take the form of binding measures linked to a system of oversight, the object being to ensure that the variable component of remuneration – bonuses, stock options, and incentives – does not drive companies to adopt over-risky investment and management policies which pay no heed to the fallout for the real economy;

9.  Emphasises that corporate management and remuneration policies must comply with and foster the principles of wage parity and equal treatment of women and men established by the Treaties and by EU directives;

10.  Sees the need for further European legislative action in order to solve the problem of different national remuneration rules for companies in cases where managers move from one Member State to another within a (holding) company or from one company to another company in a different Member State, or when companies make use of freedom of movement within the internal market, for example, by way of cross-border mergers;

11.  Considers it important to emphasise the general social responsibility of company boards for the sustainable, longer-term development of firms based in an EU Member State, and to expect it as a duty of such boards that they structure company directors' remuneration in a way which reflects that aim and which is transparent to the European public;

12.  Urges the Commission to propose sector-specific amendments to financial services legislation to ensure consistency between banking and non-banking institutions in remuneration policy. Furthermore, calls on the Commission to bring forward legislative proposals in the field of company law to help address corporate governance issues and ensure consistency in remuneration policy for all types of companies;

13.  Invites the Commission to encourage and support effective implementation of measures adopted at EU level, focusing primarily on cross-border companies, and to fulfil its undertaking to submit an evaluation report on the application of both recommendations by Member States; in this context calls on the Commission to include in the evaluation report's conclusions a schedule of appropriate legislative and non-legislative activities which might be a necessary follow-up;

14.  Calls for efficient implementation of the rules on consultation and employee participation systems opted for in the context of Directive 2001/86/EC(5) supplementing the Statute for a European Company;

15.  Sees the European company as a suitable platform for best practices with a view to embedding ethical principles in the way that transnational companies are directed and putting such principles into practical application;

16.  Calls on Member States to effectively implement measures such as the EU Shareholders' Rights Directive to remove the obstacles to and enhance shareholders' participation in voting, in particular with respect to cross-border voting;

17.  Calls on all stakeholders to actively engage in a review of business practices and changes in business culture;

18.  Calls for encouragement for more women to be assigned to management posts by means of a Commission recommendation to introduce a system for the filling of posts on company decision-making bodies, posts in other bodies and posts in general;

19.  Proposes that the national supervisory authorities, in assessing the independence of members of the managing bodies of undertakings more strictly, should devise more effective anti-corruption schemes, the establishment of which may not only be conducive to more ethical business management practices but may also increase the economic success of undertakings;

20.  Supports the establishment of uniform and comprehensive guidance concerning risk management, which at present seems to be addressed by various codes and standards applicable in Member States only in a fragmentary way;

21.  Stresses that, in the case of economic crimes, it is possible to bring criminal proceedings against the individual members of the board of directors responsible for these crimes;

22.  Invites the Commission to promote the utilisation of best practice guidance for unlisted companies, which is designed to take account of the specificities and differences of such companies;

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

(1) OJ L 120, 15.5.2009, p. 28. (2) OJ L 120, 15.5.2009, p. 22. (3) OJ L 184, 14.7.2007, p. 17. (4) OJ L 157, 9.6.2006, p. 87. (5) OJ L 294, 10.11.2001, p. 22.

European Parliament resolution of 18 May 2010 on ‘An EU Strategy for Youth – Investing and Empowering’ (2009/2159(INI))

P7_TA(2010)0166 A7-0113/2010

The European Parliament,

–  having regard to Articles 165 and 166 of the Treaty on the Functioning of the European Union,

–  having regard to the Charter of Fundamental Rights of the European Union of 18 December 2000, and in particular Article 14 thereof,

–  having regard to the United Nations Convention on the Rights of the Child of 20 November 1989, and in particular Articles 23 and 28 thereof,

–  having regard to the United Nations Convention on the Rights of Persons with Disabilities of 13 December 2006, and in particular Articles 7 and 24 thereof,

–  having regard to the Commission communication of 29 April 2009 on ‘An EU Strategy for Youth - Investing and Empowering. A renewed open method of coordination to address youth challenges and opportunities’(1),

–  having regard to the Commission staff working document accompanying the Communication from the Commission ‘An EU Strategy for Youth – Investing and Empowering’ – EU Youth Report(2),

–  having regard to the Council resolution of 27 November 2009 on a renewed framework for European cooperation in the youth field (2010-2018)(3),

–  having regard to the Council conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training (‘ET 2020’)(4),

–  having regard to the Council conclusions of 11 May 2009 on the evaluation of the current framework for European cooperation in the youth field and on the future perspectives for the renewed framework(5),

–  having regard to the Council recommendation on the mobility of young volunteers across the European Union(6),

–  having regard to the Council decision on the European Year of Voluntary Activities promoting Active Citizenship (2011)(7),

–  having regard to the European Youth Pact adopted by the Brussels European Council of 22 and 23 March 2005(8),

–  having regard to the Commission communication of 2 July 2008 on a ‘Renewed Social Agenda’, which targets youth and children as a main priority(9),

–  having regard to the opinion of the European Economic and Social Committee on the Communication from the Commission(10),

–  having regard to its Written Declaration on devoting more attention to youth empowerment in EU policies(11),

–  having regard to its resolution of 21 February 2008 on the demographic future of Europe(12),

–  having regard to Rule 48 of its Rules of Procedure,

–  having regard to the report of the Committee on Culture and Education (A7-0113/2010),

A.  whereas investing in actions for young people is crucial for the future of European societies, especially at times when the proportion of young people in the total population is constantly decreasing,

B.  whereas all young people are an added value to society and have to be recognised as such,

C.  whereas current generations, when shaping policies of today, have a strong responsibility towards young people and future generations; whereas policy-makers and researchers need to take young people's views into account to give them a say,

D.  whereas the European Union possesses important tools relating to youth policies, yet these tools need to be fully exploited, communicated and integrated by Member States,

E.  whereas employment means more than just paid work: it is an agent of socialisation and can be an important source of support, structure and identity formation,

F.  whereas an insecure job situation may lead young people to refrain from or to postpone starting a family, thus having an impact on demographic developments,

G.  whereas today's European youth is exposed to growing unemployment rates and is badly affected by the economic crisis, whereas in particular young people with poor qualifications are more likely to be unemployed, and whereas it is important, therefore, to ensure that young people receive the best possible training which guarantees them prompt access to and a long-term stake in the labour market,

H.  whereas equal access for all young people to high-quality education and training at all levels should be supported and opportunities for lifelong learning should be further promoted,

I.  whereas young people's transition between education and training and the labour market should be facilitated,

J.  whereas absolute priority should be given as a matter of urgency to the problems of early school-leaving and illiteracy, in particular among adolescents and the youth prison population,

K.  whereas issues relating to health, housing and the environment are of great importance for young people and can have a serious impact on their lives and future; whereas a favourable environment should be promoted in terms of education, employment, social inclusion and health,

L.  whereas young people, while having to be able to rely upon a healthy family environment, require support in satisfying their need for autonomy and independence,

M.  whereas environmental aspects are not explicitly included in the Commission communication and in the Council Resolution, although they are crucial for young people and have a serious impact on the health, quality of life and well-being of future generations; whereas, therefore, in an EU strategy for youth environmental issues should be clearly mentioned in the fields of action,

N.  whereas active participation in society is not only an important means of empowering young people but also contributes to their personal development, to their better integration into society, to the acquisition of skills and to the development of a sense of responsibility,

O.  whereas youth work is important for the EU's youth strategy, as a worthwhile leisure activity for and to be undertaken by young people, but also in order to acquire skills and achieve personal development,

P.  whereas learning and experiencing what it means to have a stake in society fosters an understanding of and active participation in democracy and its processes,

Q.  whereas the existence of the European programmes which benefit youth should be better communicated to young people so as to enhance their participation,

R.  whereas an effective youth policy can contribute to the development of a European mentality,

General remarks

1.  Welcomes the Commission Communication ‘An EU Strategy for Youth – Investing and Empowering’;

2.  Welcomes the Council Resolution on a renewed framework for European cooperation in the youth field (2010-2018);

3.  Points out that the definition of the concept of ‘youth’ varies among Member States; notes that this concept is influenced by different social circumstances and that this fact allows scope for a different approach by each Member State;

4.  Takes the view that Community programmes and funds should reflect Europe's ambitions for young people;

5.  Calls on the Member States to fully implement the provisions of the Lisbon Treaty in the area of youth policy, such as the encouragement of the participation of young people in democratic life, special attention to young sportsmen and sportswomen and the legal enforcement of the Charter of Fundamental Rights;

Key remarks about the effectiveness of the youth strategy

6.  Acknowledges that the reinforced Open Method of Coordination (OMC) with due regard for the principle of subsidiarity is an appropriate tool for cooperation on youth policy issues, despite its weaknesses, its restricted use, its legitimacy deficits, its lack of effective cooperation between ‘experts’ and elected politicians, a lack of proper integration with national priorities and the risk of ‘responsibility confusion’ between the various levels; considers that, in order to obtain long-term results, the Open Method of Coordination should be reinforced;

7.  Underlines that the Open Method of Coordination needs to be carried by a strong political will on the part of all those involved if it is to deliver maximum results; considers implementation shortcomings to be a fundamental obstacle to achieving the set goals;

8.  Recognises the importance of cooperation among institutions at local, regional, national and European level in order to achieve the objectives of this strategy and calls on the Commission, the Member States and youth representatives to play an active part in implementing a youth strategy;

9.  Urges closer cooperation on youth issues between the European Parliament, the Commission and the Council and stresses the need for more integrated cooperation with and among national parliaments within the scope of the OMC process;

10.  Welcomes the clear definition of the dual approach, the introduction of working methods and especially the clear list of implementation instruments set out by the Council; requests the involvement of the European Parliament in the definition of the priorities of the work cycles; calls for European cooperation in the youth field to be evidence-based, pertinent and concrete;

11.  Stresses the need to develop clear and user-friendly indicators both at European and national level which make it possible to improve, broaden and update our true knowledge of the condition of young people and to measure and compare progress on the implementation of commonly set objectives; underlines the importance of constant monitoring and evaluation;

12.  Points out the importance of an evaluation of the state of implementation of the EU Strategy for Youth; stresses that Member States' progress reports in the youth field should be made publicly available in order to increase public awareness; stresses the need to monitor the way the lives of young people in Europe are developing and changing so that the actual progress made can be assessed;

13.  Considers that peer-learning should be more developed as a means of facilitating the exchange of good practice and contributing to the consistency of the actions taken at national level;

14.  Considers that in order to have a complete EU strategy for youth, the formulation of youth policies and of EU programmes and actions should go hand in hand in an accurate and transparent way; considers, in particular, that the results deriving from the implementation of EU programmes should give feedback to the formulation of youth policies and the EU strategy for youth in general, and vice versa;

15.  Stresses, further, the need for an in-depth analysis of the existing programmes already implemented in order to make effective quality management possible and, on that basis, devise any improvements which may be needed to the programmes in the future;

16.  Points out the need to mobilise and to adapt the EU programmes and social funds for youth, to facilitate access to them and to simplify the procedures for access; stresses how important it is to devise a practical, non-bureaucratic approach in this area with a view to implementing an integrated strategy to improve young people's lives; highlights the importance of young people being involved in implementing youth programmes so that their needs can be better taken into account;

17.  Stresses the important role of the Comenius, Erasmus and Leonardo da Vinci programmes in the development of European education and training policies; reiterates its political priority of considering those programmes as a cornerstone in the development of the EU youth strategy, especially for the next generation of multiannual programmes;

18.  Considers that even more effort should be made to promote the mobility of young people within Europe and that, in mobility programmes, there must be sufficient scope for and attention devoted to exchanges of young people outside formal education;

19.  Calls on the Commission, within the new mobility programmes, to devote special attention to the mobility of youth workers, and to this end calls for the special visa regime which currently exists for students to be extended to youth workers;

20.  Draws attention to the need to involve the mass media in popularising programmes for young people;

21.  Acknowledges that improving young people's lives is a cross-cutting task which must be taken into account in every policy area; encourages the European Institutions and the Member States to promote the creation of a youth sector in all departments and ministries that will help to strengthen the drafting of appropriate youth policies; also calls on the Commission to appoint ‘youth officers’ in its directorates-general and to give them further training; considers that the aim should be to assess Commission documents in the light of youth policy objectives; therefore, strongly welcomes the cross-sectoral approach as a necessary factor to achieve a maximum level of effectiveness; considers that the mainstreaming of youth issues in all fields of policy is a key factor for the success of the youth strategy;

22.  Stresses the need for the institutionalisation of intergenerational justice at European level and the adoption of this principle by Member States for the just regulation of relations between the generations;

Fields of action

23.  Strongly stresses that the global economic crisis is having a major impact on young people and that it should therefore profoundly influence priorities within the fields of action; considers that this should be done by identifying a range of measures to back up the social exit strategy and that special attention should be paid to the review of social safety nets and social security systems;

General principles applying to every field of action

24.  Underlines the importance of eliminating all kinds of discrimination among young people, such as discrimination based on sex, racial or ethnic origin, religion, disability, age and sexual orientation;

25.  Stresses the importance of considering young people as a priority group in the EU's social vision;

26.  Strongly underlines the need to give young people with disabilities effective, tailor-made support as well as real and equal opportunities in physical, sensory and cognitive access to education, employment, culture, leisure, sports, social activities and involvement in the conduct of public and civil affairs;

27.  Calls for measures to ensure respect for diversity and the successful integration of youngsters and children;

28.  Calls on the Member States to identify cross-sectoral connections between youth policies and education, training, employment, culture and other policies;

29.  Underlines the need for strong links between policies on youth and children;

Education and training

30.  Encourages the Member States to intensify the interaction between the sides of the knowledge triangle (education, research, innovation) as a key element for growth and job creation; strongly recommends promoting common criteria for stronger mutual recognition of non-formal education and vocational training, for example by speeding up the adoption of the EQF system for the recognition of qualifications, transparency and the validation of skills;

31.  Calls on Member States to undertake more initiatives to invest in the right skills for jobs in demand and encourages them to link educational curricula to labour market demands, to provide legislation for short-term vocational training (where still needed) and to use, whenever possible, the validation of skills and the recognition of qualifications;

32.  Draws attention to the problem of school drop-out and the need to take measures to ensure that as high a percentage of young people as possible complete their period of compulsory education;

33.  Strongly encourages Member States, in the context of increased funding, to promote learning and training mobility for all young people, which is a key factor for gaining learning and working experience; stresses the importance of youth mobility also in regions bordering on the EU by guaranteeing broad participation in the European programmes which benefit youth;

34.  Urges Member States to do their utmost to meet the strategic objectives and to reach the benchmarks fixed under the strategic framework for European cooperation in education and training (‘ET 2020’), particularly as regards low achievers in basic skills, and early school leavers;

35.  Calls on the Member States to create sufficient channels to enable people who have left the education system to rejoin it and ensure that appropriate bridges are available for people who have followed vocational training courses to go on to higher levels of education and urges them to take measures and to offer targeted programmes for young people who have fallen behind or have left school earlier due to difficult circumstances or poor choices;

36.  Stresses the importance of providing young people with access to guidance and counselling on the transition from education to work;

37.  Calls on Member States to ensure that children and young people, irrespective of the legal status of their families, have a right to State education, helping them to achieve, with due respect for their own culture and language, the necessary command of the language of the host Member State and a knowledge of its culture as a tool for integration;

38.  Calls on Member States to ensure equal access to education for young people irrespective of social origin and financial conditions, and to guarantee equal access to education for disadvantaged young people from low-income families;

39.  Calls on the Member States to implement the United Nations Convention on the Rights of Persons with Disabilities and to make inclusive education - covering both formal and informal education - a reality;

40.  Underlines the importance of a new, effective and continuous training system for teachers in order to help young students to cope better with the challenges of our quickly changing society;

41.  Stresses the importance of promoting media literacy;

42.  Points out that education plays a fundamental role in the positive development of personal attitudes;

Employment and entrepreneurship

43.  Is extremely concerned about the increasing numbers of young people who are unemployed, under-employed or have no job security, especially in the current economic crisis; strongly supports the invitation addressed to the European Council to ensure a youth perspective in the post-2010 Lisbon and Europe 2020 Strategies and to support the continuation of initiatives in line with the overall objectives of the European Youth Pact; strongly supports the proposal to develop appropriate measures targeted at young people in the recovery plans drawn up in the economic and financial crisis plans;

44.  Underlines the essential need to attain the objectives of Europe's Lisbon Strategy for growth and jobs and considers that the renewed EU 2020 agenda should enable the EU to make a full recovery from the crisis by moving more speedily towards an innovative and job-creating economy; in this context, urges that the renewed agenda be more focused on young people;

45.  Calls on the Member States to take action against job insecurity and poor working conditions that young people experience in the labour market and to actively support the reconciliation of the worlds of employment and personal and family life;

46.  Urges the Member States to take the inter-generational dimension into account in their policies to foster employment;

47.  Calls on Member States to facilitate the access of young people to all kinds of employment in good working conditions so as to avoid a mismatch between skills and jobs that represents a waste of talent; in this respect, recommends an improvement in the quality of internships provided as well as the rights of interns by ensuring that the majority of intern programmes endow young people with qualifications and lead to paid positions;

48.  Also calls on Member States to offer more employment opportunities, to implement social protection policies for disadvantaged young people, to ensure equal opportunities for young people in the periphery and in urban centres and to give special support to young mothers;

49.  Recalls the risk of a brain drain and the negative consequences for young people's countries of origin; calls upon Member States to explore and develop youth retention strategies in countries and regions prone to outward migration, which takes diverse forms, such as brain drains, skills gap fillers and cheap, flexible, unskilled and often seasonal labour;

50.  Calls on the Member States to eliminate the cases where a disparity in income levels between young men and young women on the grounds of sex is noted;

51.  Calls on the Member States to ensure decent employment rights and social security in an era of globalisation by striking a balance between flexibility and security;

52.  Calls on the Member States to guarantee the total transferability of acquired social benefits so as not to jeopardise welfare protection for young workers who have opted for mobility;

53.  Stresses the importance of periods of practical training in companies and institutions during the period of study, which may make it easier subsequently to find a job;

54.  Suggests promoting an entrepreneurial culture among young people by improving communication on entrepreneurship, by supporting the development of European structures and networks to that end and by encouraging young people to become self-employed and to use microcredit and microfinance tools; stresses the importance of life-long learning;

55.  Supports the need for synergy between the worlds of education and industry and for advanced forms of integration between universities and businesses;

56.  Encourages the Member States to support private initiatives for young people, including through national programmes that supplement the European programmes;

57.  Draws attention to the need to draw up policies to reconcile working life and private life and encourage young people to start a family; also points out the need to ensure that young people have sufficient income so that they can take decisions independently, including the decision to start a family;

Health, well-being and environment

58.  Underlines that the impact of climate and environmental changes and environmental degradation have a negative impact on young people's lives and calls for sustainable actions in this field;

59.  Calls on the Member States to include in their curricula appropriate forms of education on the prevention of health- and environment-related risks;

60.  Deeply regrets the fact that the cooperation framework makes no reference to consumer policies; takes the view that some health problems may be related to the production and marketing of unhealthy food;

61.  Underlines the need to take into account the specific vulnerability of young people and children when formulating consumer and environmental policies; stresses the need to ensure a high level of protection of young consumers through actions such as information and education campaigns;

62.  Underlines the importance of further combating the use of drugs and alcohol and tobacco-related harm and other forms of addiction, including gambling, especially by means of prevention and rehabilitation; calls on the Member States to make the most of the EU Drugs Action Plan and of the EU Strategy to support Member States in combating alcohol-related harm and other forms of addiction;

63.  Also recalls that children and young people are exposed to a multitude of scenes of a violent nature in the media; suggests that the issue be further investigated and that all the necessary measures be taken with a view to eliminating the impact on their mental health;

64.  Recommends guiding young people in their use of new technologies by means of media education policies and policies to raise awareness of the dangers inherent in their uncontrolled use;

65.  Stresses the role of informing young people about sex education issues in protecting their health;

66.  Draws attention to the continuing high level of under-age pregnancies and calls on the Commission and the Member States to make young people aware of and educate them about this problem;

67.  Calls on the Member States to ensure that immigrant children and young people, irrespective of the legal status of their families, have access to basic health care;

68.  Emphasises the role of sport as a whole set of activities promoting healthy lifestyles for young people and supporting teamwork, fair play and responsibility, and the role of information for young people in combating violence at sports grounds; calls for special programmes for young people with disabilities;

69.  Calls on the Member States, in their efforts to encourage young people to participate in sports, to take gender-specific issues into account and to provide support for less popular sports as well;

70.  Stresses the importance of promoting youth education campaigns to combat doping and support clean sport;

Participation

71.  Stresses the importance of an ongoing structured dialogue and consultation with young people; strongly encourages promoting the participation of young people and youth organisations at all levels (local, national and international) in the formulation of general policies and, in particular, of youth policy and not only that, through ongoing structured dialogue;

72.  Underlines the importance of considering the method of youth consultation, so as to ensure that a broad range of views of young people are taken into account; is in favour of the development of structures where all the actors can work together, equally influence policies and decisions and provide the means needed to create these structures;

73.  Encourages Member States to include youth organisations in the policy-making process, including at local level;

74.  Stresses the importance of representative youth representatives in the structured dialogue and recommends that the Commission consult representatives of national youth councils concerning the priority topics for young people;

75.  Agrees to the frequently addressed need for recognition of and support for youth organisations and the major contribution they make to non-formal education; calls on the Commission and the Council to encourage the Member States to set up and provide support for local youth parliaments and councils and to launch corresponding programmes;

76.  Stresses the need to involve more, and more diverse, young people, with a view to enhancing representativeness; is in favour of encouraging participation from an early age; in this respect, encourages reflection on reinforcing links between schools, youth organisations and other civil-society organisations and strongly recommends fostering stronger recognition of non-formal education;

77.  Suggests the establishment of awards schemes for young people who actively participate in society, with the ultimate purpose of establishing a culture of both rights and obligations;

78.  Stresses the need for particular efforts to encourage young people living in peripheral and rural areas and in poor neighbourhoods to actively participate in European activities; in this respect, regrets that the cooperation framework proposes no specific action in order to better communicate EU programmes to young people and notably to those who live in remote places and to those who are not organised in political, social or nongovernmental organisations; asks the Commission for a definite commitment in this regard;

79.  Underlines the need to step up efforts to ensure an effective three-way exchange of views and information between the academic, business and political communities at local, regional, national and European levels;

Creativity and culture

80.  Calls on the Member States to facilitate access to new technologies in order to boost young people's creativity and capacity for innovation and generate interest in culture, the arts and science;

81.  Is surprised at the lack of any explicit reference to cultural issues in the Commission communication; adds that such issues cannot come down only to entrepreneurship and the use of new technologies;

82.  Welcomes the fact that the Council resolution takes into account the role played by social and cultural activities, which complements that of the education system and of families; notes that such activities also contribute decisively to the fight against discrimination and inequality and facilitate young people's access to leisure pursuits, culture and sport;

83.  Stresses the importance of supporting and recognising youth culture when the Member States allocate funds, as this is essential for developing young people's creativity;

84.  Welcomes the proposal included in the Council resolution to promote specialised training for youth workers in culture, new media and intercultural competences;

85.  Suggests including a youth perspective in policies, programmes and actions in the culture and media fields;

86.  Takes the view that cultural institutions (e.g. museums, libraries and theatres) should be encouraged to involve children and young people to a greater extent;

87.  Calls on the Commission and Council to devise a European youth pass so that young people can gain access to cultural institutions throughout the EU at a very low charge;

Voluntary activities

88.  Welcomes the decision of the Council to designate 2011 as the European Year of Volunteering and the measures set out in the Council Recommendation on the mobility of young volunteers across the European Union;

89.  Takes the view that youth volunteering should be supported, also by extending the European Voluntary Service programme, and by helping disadvantaged young people to commit themselves to volunteering;

90.  Considers that, depending on the outcome of the evaluation of the Amicus Preparatory Action, further actions of this kind should be envisaged;

91.  Takes the view that voluntary activities should not replace professional, paid employment opportunities but add value to society;

92.  Calls for the introduction and mutual recognition of a ‘European Volunteer Pass’ as an adjunct to the existing ‘European Youth Pass’; this pass would provide a record of the voluntary work performed by children and young people and could be submitted to potential employers as proof of a qualification;

Social inclusion

93.  Welcomes the fact that 2010 is designated the European Year of Combating Poverty and Social Exclusion, especially in the context of economic and financial crisis, which is having a particularly heavy impact on young people;

94.  Holds the view that, against the background of ageing societies, intergenerational equity is a key challenge; calls on Member States to take the interests of young people and of future generations into account when formulating their policies, especially in times of economic and financial crisis;

95.  Stresses also the need to develop more outreach programmes for marginalised groups, such as young immigrants and all those with special needs (the disabled, young people who need to be reintegrated into society after a period of imprisonment, homeless people, those in casual employment, etc.);

96.  Recognises the need to raise awareness of disabled young people and calls on the European Institutions to take action to ensure that, in the future, young persons with disabilities are fully integrated;

97.  Reiterates its request to ensure gender equality from an early age and in all areas of life; therefore, particularly welcomes the fact that the Council Resolution aims at improving childcare and promoting the sharing of responsibilities between parents in order to facilitate reconciliation between professional and private life for both young women and young men;

98.  Stresses the need to make children and young people aware that discrimination is unacceptable in any form and in any area and to take resolute action to combat all forms of extremism;

99.  Recommends that priority be given in each Member State to ensuring that no young minors are denied access to social care;

100.  Stresses the importance of an inclusive digital environment; encourages Member States to develop, as part of their formal and informal education systems, concepts which guarantee access to information, education and culture and improve young people's media skills;

Youth and the world

101.  Recommends direct development aid to measures for the benefit of young people and to combat drug use and trafficking in developing countries;

102.  Is in favour of the fostering of general interest activities that create a sense of responsibility among young people, such as volunteering for climate change, for development or for humanitarian aid; in this respect, welcomes the opportunities that the creation of a European Voluntary Humanitarian Aid Corps will give young people to participate in the humanitarian work of the EU and calls on the Member States to ensure that young people are fully aware of its existence;

103.  Encourages the Commission to further explore the possibility of enhancing international cooperation activities in youth volunteering;

104.  Calls on the Member States to develop exchanges and twinning schemes with third countries and communities in order to promote intercultural dialogue and encourage young people to embark on common projects;

105.  Calls for the improvement and extensive implementation of the Erasmus Mundus programme;

o
o   o

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

(1) COM(2009)0200. (2) SEC(2009)0549. (3) OJ C 311, 19.12.2009, p. 1. (4) OJ C 119, 28.5.2009, p. 2. (5) 9169/09. (6) OJ C 319, 13.12.2008, p. 8. (7) 15658/09. (8) OJ C 292, 24.11.2005, p. 5. (9) 11517/08. (10) SOC/349. (11) DCE/2008/2193. (12) Texts adopted, P6_TA(2008)0066.

European Parliament legislative resolution of 18 May 2010 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Directive 86/613/EEC (17279/3/2009 – C7-0075/2010 – 2008/0192(COD))

P7_TA(2010)0167 A7-0146/2010

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (17279/3/2009 – C7-0075/2010),

–  having regard to the Commission proposal to Parliament and the Council (COM(2008)0636),

–  having regard to Article 251(2) and Article 141(3) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0341/2008),

–  having regard to its position at first reading(1),

–  having regard to the Commission Communication to the Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–  having regard to Article 294(7) and Article 157(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee(2),

–  having regard to Rule 66 of its Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on Women's Rights and Gender Equality (A7-0146/2010),

1.  Adopts its position at second reading hereinafter set out;

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

Position of the European Parliament adopted at second reading on 18 May 2010 with a view to the adoption of Directive 2010/…/EU of the European Parliament and of the Council on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2010/41/EU.)

(1) Texts adopted, 6.5.2009, P6_TA(2009)0364. (2) OJ C 228, 22.9.2009, p. 107.

European Parliament legislative resolution of 18 May 2010 on the proposal for a regulation of the European Parliament and of the Council on textile names and related labelling of textile products (COM(2009)0031 – C6-0048/2009 – 2009/0006(COD))

P7_TA(2010)0168 A7-0122/2010

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to the Parliament and the Council (COM(2009)0031),

–  having regard to Article 251(2) and Article 95 of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6-0048/2009),

–  having regard to the Commission Communication to the Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665),

–  having regard to Article 294(3) and Article 114 of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 16 December 2009(1),

–  having regard to Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on the Internal Market and Consumer Protection (A7–0122/2010),

1.  Adopts its position at first reading hereinafter set out;

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, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 18 May 2010 with a view to the adoption of Regulation (EU) No .../2010 of the European Parliament and of the Council on textile names and related labelling of textile products and repealing Council Directive 73/44/EEC, Directive 96/73/EC and Directive 2008/121/EC

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

Having regard to the opinion of the European Economic and Social Committee(2),

Acting in accordance with the ordinary legislative procedure(3),

Whereas:

(1)  Council Directive 73/44/EEC of 26 February 1973 on the approximation of the laws of the Member States relating to the quantitative analysis of ternary fibre mixtures(4), Directive 96/73/EC of the European Parliament and of the Council of 16 December 1996 on certain methods for the quantitative analysis of binary textile fibre mixtures(5) and Directive 2008/121/EC of the European Parliament and of the Council of 14 January 2009 on textile names (recast)(6), have been amended several times. Since further amendments are to be made, those acts should be replaced by a single legal instrument, in the interest of clarity.

(2)  The Union legislation on textile names and related labelling of textile products is very technical in its content, with detailed provisions that need to be adapted regularly. In order to avoid the need for Member States to transpose the technical amendments into national legislation and thus reduce the administrative burden for national authorities and in order to allow for a faster adoption of new textile fibre names to be applied at the same time throughout the Union, a Regulation appears to be the most appropriate legal instrument to carry out the legislative simplification.

(3)  In order to eliminate potential obstacles to the proper functioning of the internal market caused by diverging provisions of the Member States with regard to the names, composition and labelling of textile products, it is necessary to harmonise the names of textile fibres and the indications appearing on labels, markings and documents which accompany textile products at the various stages of their production, processing and distribution.

(4)  It is appropriate to lay down rules enabling the manufacturers to ask for the inclusion of a new textile fibre name on the list of permitted fibre names.

(5)  Provision should also be made in respect of certain products which are not made exclusively of textile materials but have a textile content which constitutes an essential part of the product or to which attention is specifically drawn by the economic operators.

(6)  The tolerance in respect of ‘extraneous fibres’, which are not to be stated on the labels, should apply both to pure products and to mixtures.

(7)  Composition labelling should be compulsory to ensure correct information is made available to all consumers in the Union at a uniform level. Where it is technically difficult to specify the composition of a product at the time of manufacture, it should be possible to state, on the label, only those fibres which are known at the time of manufacture provided that they account for a certain percentage of the finished product.

(8)  In order to avoid differences in practice among the Member States, it is necessary to lay down the exact methods of labelling for certain textile products consisting of two or more components, and also to specify the components of textile products that need not be taken into account for purposes of labelling and analysis.

(9)  Textile products subject only to the requirements of inclusive labelling, and those sold by the metre or in cut lengths, should be made available on the market in such a way that the consumer can fully acquaint himself with the information affixed to the overall packaging or the roll.

(10)  The use of descriptions or names which enjoy particular prestige among users and consumers should be made subject to certain conditions. Furthermore, in order to provide information to users and consumers, it is appropriate that the textile fibre names are related to the characteristics of the fibre.

(11)  Market surveillance of products under the scope of this Regulation in the Member States is subject to the provisions of Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety(7)and those of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products(8).

(12)  It is necessary to lay down methods for the sampling and analysis of textile products in order to exclude any possibility of objections to the methods used. The methods used for official tests carried out in the Member States to determine the fibre composition of textile products composed of binary and ternary mixtures should be uniform, as regards both the pre-treatment of the sample and its quantitative analysis; therefore this Regulation should lay down uniform methods of analysis for most of the textile products composed of binary and ternary mixtures that are on the market. In order, however, to simplify this Regulation and adapt such uniform methods to technical progress, it is appropriate that the methods set out in this Regulation be turned into European standards. To that end, the Commission should organise the transition from the current system, where the methods are described in this Regulation, to a European standard-based system.

(13)  In the case of fibre mixtures for which there is no uniform method of analysis at Union level, the laboratory responsible for the test should be allowed to determine the composition of such mixtures ▌, indicating in the analysis report the result obtained, the method used and its degree of accuracy ▌.

(14)  This Regulation should set out the agreed allowances to be applied to the anhydrous mass of each fibre during the determination by analysis of the fibre content of textile products, and should give two different agreed allowances for calculating the composition of carded or combed fibres containing wool and/or animal hair. Since it cannot always be established whether a product is carded or combed, and consequently inconsistent results can arise from the application of the tolerances during checks on the conformity of textile products carried out in the Union, the laboratories carrying out those checks should be authorised to apply a single agreed allowance in cases of doubt.

(15)  Rules should be laid down in respect of products exempt from the general labelling requirements of this Regulation, in particular disposable products or products for which only inclusive labelling is required.

(16)  It is appropriate to establish a procedure, including specific requirements, to be observed by any manufacturer or any person acting on his behalf that wishes to include a new textile fibre name on the harmonised list of textile fibre names set out in Annex I.

▌

(17)  In order to ensure that the objectives of this Regulation are attained while keeping pace with technical progress, the Commission should be empowered to adopt, in accordance with Article 290 of the Treaty on the Functioning of the European Union, delegated acts designed to supplement or amend non-essential elements of Annexes I, II, IV, V, VI, VII, VIII and IX to this Regulation.

(18)  In its resolution of 25 November 2009 on origin marking(9), the European Parliament underlined that consumer protection requires transparent and consistent trade rules, including indications of origin. The aim of such indications should be to enable consumers to be fully aware of the exact origin of the products they purchase, so as to protect them against fraudulent, inaccurate or misleading claims of origin. Harmonised rules should be put in place for that purpose in respect of textile products. As regards imported products, those rules should take the form of mandatory labelling requirements. Concerning products not subject to mandatory origin labelling at Union level, provision should be made for rules ensuring that possible claims of origin are not false or misleading.

(19)  Origin labelling requirements provided for in this Regulation with regard to the specific sector of textile products should be without prejudice to ongoing discussions on a generally applicable regime of origin marking for products imported from third countries, to be set up as part of the Union's common commercial policy.

(20)  Since the objectives of the action to be taken, that is the adoption of uniform rules for the use of textile names and related labelling of textile products, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. 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.

(21)  Consumers, in order to be able to make informed choices, should know when purchasing a textile product whether such product comprises non-textile parts of animal origin. It is therefore essential to indicate on the label the presence of animal-derived materials.

(22)  This Regulation is limited to rules concerning the harmonisation of textile fibre names and the labelling of the fibre composition of textile products. In order to eliminate possible obstacles to the proper functioning of the internal market, caused by divergent provisions or practices of Member States, and in order to keep pace with the development of electronic commerce and future challenges in the market for textile products, the harmonisation or standardisation of other aspects of textile labelling should be examined. To that end, the Commission should submit a report to the European Parliament and the Council regarding possible new labelling requirements to be introduced at Union level with a view to facilitating the free movement of textile products in the internal market and achieving throughout the Union a high level of consumer protection. The report should examine in particular consumer views with regard to the amount of information that should be supplied on the label of textile products, and investigate which means other than labelling may be used to provide additional information to consumers.The report should be based on an extended consultation of all stakeholders, consumer surveys and a thorough cost/benefit analysis and should be accompanied, where appropriate, by legislative proposals.The report should examine, in particular, the added value to the consumer of possible labelling requirements in relation to care treatment, size, hazardous substances, flammability and environmental performance of the textile products, the use of language-independent symbols for identifying the textile fibres, social and electronic labelling as well as the inclusion of an identification number on the label to obtain additional on-demand information, especially via the Internet, about the characteristics of the products.

(23)  Directives 73/44/EEC, 96/73/EC and 2008/121/EC should be repealed,

HAVE ADOPTED THIS REGULATION:

Chapter 1

General provisions

Article 1

Subject matter

This Regulation lays down rules concerning the use of textile fibre names, the labelling of textile products and the determination of the fibre composition of textile products by uniform methods of quantitative analysis, with a view to improving their free circulation in the internal market and providing accurate information to consumers.

Article 2

Scope

1.  This Regulation shall apply to textile products.

2.  The provisions of this Regulation shall not apply to textile products which:

Article 3

Definitions

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

2.  For the purposes of this Regulation, the definitions of ‘making available on the market’, ‘placing on the market’, ‘manufacturer’, ‘authorised representative’, ‘importer’, ‘distributor’, ‘economic operators’, ‘harmonised standard'’ ‘market surveillance’ and ‘market surveillance authority’ in Regulation (EC) No 765/2008 shall apply.

Article 4

General rules

1.  Textile products shall only be made available on the market if they are labelled or accompanied with commercial documents in compliance with the provisions of this Regulation.

2.  Save as otherwise provided in this Regulation, national and Union rules on protection of industrial and commercial property, on indications of provenance, marks of origin and the prevention of unfair competition shall remain applicable to textile products.

Chapter 2

Textile fibre names and related labelling requirements

Article 5

Textile fibre names

1.  Only the names of textile fibres listed in Annex I shall be used to indicate the fibre composition of textile products.

2.  Use of the names listed in Annex I shall be reserved for fibres whose nature corresponds to the description set out in that Annex.

Those names shall not be used for other fibres, whether on their own or as a root or as an adjective.

The term ‘silk’ may not be used to indicate the shape or particular presentation in continuous yarn of textile fibres.

Article 6

Applications for new textile fibre names

Any manufacturer or any person acting on his behalf may apply to the Commission to add a new textile fibre name to the list set out in Annex I.

The application shall include a technical file compiled in accordance with Annex II.

Article 7

Pure products

1.  Only textile products exclusively composed of the same fibre may be labelled as ‘100 %’, ‘pure’ or ‘all’.

Those or similar terms shall not be used for other products.

2.  A textile product may be considered as exclusively composed of the same fibre if it contains no more than 2 % by weight of extraneous fibres, provided this quantity is justified as being technically unavoidable in good manufacturing practice and is not added as a matter of routine.

Under the same condition, a textile product, which has undergone a carding process, may be considered as exclusively composed of the same fibre if it contains no more than 5 % by weight of extraneous fibres.

Article 8

Wool products

1.  A textile product may be labelled with one of the names referred to in Annex III provided that it is composed exclusively of a wool fibre which has not previously been incorporated in a finished product, which has not been subjected to any spinning and/or felting processes other than those required in the manufacture of that product, and which has not been damaged by treatment or use.

2.  By way of derogation from paragraph 1, the names listed in Annex III may be used to describe wool contained in a fibre mixture if all the following conditions are complied with:

The full percentage composition of such mixture shall be given.

3.  The extraneous fibres in the products referred to in paragraphs 1 and 2, including wool products which have undergone a carding process, shall not exceed 0,3 % of their total weight and shall be justified as being technically unavoidable in good manufacturing practice.

Article 9

Multi-fibre textile products

1.  A textile product shall be labelled with the name and percentage by weight of all constituent fibres in descending order.

2.  By way of derogation from paragraph 1, and without prejudice to Article 7(2), fibres ▌which individually account for up to 3 % of the total weight of the textile product, or fibres which collectively account for up to 10 % of the total weight, may be designated by the term ‘other fibres’, followed by their percentage by weight, provided that they cannot easily be stated at the time of the manufacture.

3.  Products having a pure cotton warp and a pure flax weft, in which the percentage of flax accounts for at least 40 % of the total weight of the unsized fabric may be given the name ‘cotton linen union’ which must be accompanied by the composition specification ‘pure cotton warp ‐ pure flax weft’.

4.  Without prejudice to Article 5(1), for textile products the composition of which cannot easily be stated at the time of their manufacture, the term ‘mixed fibres’ or the term ‘unspecified textile composition’ may be used on the label.

5.  By way of derogation from paragraph 1, a fibre not included in Annex I may be designated by the term ‘other fibres’, followed by its total percentage by weight, provided that an application for the inclusion of such a fibre in Annex I has been submitted in accordance with Article 6.

Article 10

Decorative fibres and fibres with antistatic effect

Visible, isolable fibres which are purely decorative and do not exceed 7 % of the weight of the finished product need not be mentioned in the fibre compositions provided for in Articles 7 and 9.

The same shall apply to metallic fibres and other fibres which are incorporated in order to obtain an antistatic effect and which do not exceed 2 % of the weight of the finished product.

In the case of the products referred to in Article 9(3), such percentages shall be calculated on the weight of the warp and that of the weft separately.

Article 11

Animal-derived materials

1.  Where a textile product comprises non-textile parts of animal origin, it shall bear a label stating that such parts are made of animal-derived materials. The labelling shall not be misleading and shall be presented in such a way that the consumer can easily understand to which part of the product the information on the label refers.

2.  Member States shall inform the Commission of the analytical methods they use to identify animal-derived materials by ...(10), and subsequently whenever required in the light of new developments.

3.  The Commission shall adopt delegated acts, in accordance with Articles 24, 25 and 26, specifying the detailed form of and modalities for the labelling on the textile products referred to in paragraph 1 and establishing the analytical methods to be used to identify animal-derived materials.

Article 12

Labelling

1.  Textile products shall be labelled ▌whenever they are made available on the market.

The labelling shall be easily accessible, visible and securely affixed to the textile product. It shall remain legible throughout the product's normal period of use. The labelling and the way in which it is affixed shall be carried out in such a way as to minimise discomfort caused to the consumer when wearing the product.

However, the labelling may be replaced or supplemented by accompanying commercial documents when the products are supplied to economic operators within the supply chain, or when they are delivered in performance of an order placed by any contracting authority as defined by Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts(11).

The names and descriptions referred to in Articles 5, 7, 8 and 9 shall be clearly indicated in such accompanying commercial documents.

Abbreviations shall not be used with the exception of a mechanised processing code, or where they are defined in internationally recognised standards, provided that the abbreviations are explained in the same commercial document.

2.  When placing a textile product on the market, the manufacturer or, if the manufacturer is not established in the Union, the importer shall ensure the supply of the label and the accuracy of the information contained therein.

When making a textile product available on the market, the distributor shall ensure that it bears the appropriate labelling prescribed by this Regulation.

A distributor shall be considered a manufacturer for the purposes of this Regulation, where it makes a product available on the market under its own name or trademark, attaches the label or modifies the content of the label.

The economic operators referred to in the first and second subparagraphs shall ensure that any information supplied when textile products are made available on the market cannot be confused with the names and descriptions laid down by this Regulation.

Article 13

The use of names and descriptions

▌

1.  When making a textile product available on the market, the names and fibre composition referred to in Articles 5, 7, 8 and 9 shall be indicated in catalogues and trade literature, on packaging and labelling in a manner that is easily accessible, visible and legible and in uniform letter/number size, style and font. That information shall be clearly visible to the consumer before the purchase, including in cases where the purchase is made by electronic means.

2.  Trade marks or the name of the undertaking may be given immediately before or after names and descriptions referred to in Articles 5, 7, 8 and 9.

However, where a trade mark or a name of an undertaking contains, on its own or as an adjective or as a root, one of the names listed in Annex I or a name liable to be confused therewith, such trade mark or name shall be given immediately before or after names and descriptions referred to in Articles 5, 7, 8 and 9.

Other information shall be always displayed separately.

3.  The labelling ▌shall be available in any of the official languages of the Union which is easily understood by the end consumer in the Member State in which the textile products are made available. Where appropriate, the textile fibre names may be replaced by, or combined with, intelligible language-independent symbols.

In the case of bobbins, reels, skeins, balls or other small quantity of sewing, mending and embroidery yarns, the first subparagraph shall apply to the inclusive labelling referred to in Article 16(3). Where such products are individually sold to the end user, they may be labelled in any ▌of the official languages of the Union, provided they also have an inclusive labelling. Where appropriate, the textile fibre names may be replaced by, or combined with, intelligible language-independent symbols.

The Commission shall adopt delegated acts, in accordance with Articles 24, 25 and 26, establishing detailed conditions concerning the use of the symbols referred to in this paragraph.

Article 14

Multi-component textile products

1.  Any textile product containing two or more components shall bear a label stating the fibre content of each component.

Such labelling shall not be compulsory for components other than main linings and representing less than 30 % of the total weight of the product.

2.  Where two or more textile products have the same fibre content and normally form a single unit, they may bear only one label.

Article 15

Special provisions

The fibre composition of products listed in Annex IV shall be indicated according to the labelling rules set out in that Annex.

Article 16

Derogations

1.  By way of derogation from Articles 12, 13 and 14, the rules laid down in paragraphs 2, 3 and 4 of this Article shall apply.

In any case, the products referred to in paragraph 3 and 4 of this Article shall be made available on the market in such a way that the end consumer can fully acquaint himself with the composition of those products.

2.  The indication of textile fibre names or fibre composition on the labels or marking of textile products listed in Annex V is not required.

However, where a trade mark or name of an undertaking contains, on its own or as an adjective or as a root, one of the names listed in Annex I or a name liable to be confused therewith, Articles 12, 13 and 14 shall apply.

3.  Where textile products listed in Annex VI are of the same type and composition, they may be made available on the market together under an inclusive label.

4.  The composition of textile products sold by the metre may be shown on the length or roll made available on the market.

Chapter 3

Market surveillance
▌

Article 17

Market surveillance provisions

1.  ▌ Market surveillance authorities shall carry out checks on the conformity of the composition of textile products with the supplied information related to the composition of those products in accordance with this Regulation.

2.  For the purpose of determining the fibre composition of textile products, the checks referred to in paragraph 1 shall be carried out in accordance with the methods or harmonised standards set out in Annex VIII.

For those purposes, the fibre percentages set out in Articles 7, 8 and 9 shall be determined by applying to the anhydrous mass of each fibre the appropriate agreed allowance laid down in Annex IX, after having removed the items set out in Annex VII.

In determining the fibre composition set out in Articles 7, 8 and 9, the items listed in Annex VII shall not be taken into account.

3.  Any laboratory accredited and approved by the Member State authorities for the testing of textile mixtures for which there is no uniform method of analysis at Union level shall determine the fibre composition of such mixtures ▌, indicating in the analysis report the result obtained, the method used and ▌the degree of accuracy of that method ▌.

Article 18

Tolerances

1.  For the purposes of establishing the composition of textile products intended for the end consumer, the tolerances laid down in paragraphs 2, 3 and 4 shall apply.

2.  The presence of extraneous fibres in the composition to be provided in accordance with Article 9 does not need to be indicated if the percentage of those fibres does not reach the following:

Point (b) of this paragraph shall be without prejudice to Article 8(3).

3.  A manufacturing tolerance of 3 % shall be permitted between the stated fibre percentages to be provided in accordance with Article 9 and the percentages obtained from analysis carried out in accordance with Article 17, in relation to the total weight of fibres shown on the label. Such tolerance shall also apply to the following:

For the purposes of the analysis, the tolerances shall be calculated separately. The total weight to be taken into account in calculating the tolerance referred to in this paragraph shall be that of the fibres of the finished product less the weight of any extraneous fibres found when applying the tolerance referred to in paragraph 2.

The addition of the tolerances referred to in paragraphs 2 and 3 shall be permitted only if any extraneous fibres found by analysis, when applying the tolerance referred to in paragraph 2, prove to be of the same chemical type as one or more of the fibres shown on the label.

4.  In the case of particular products for which the manufacturing process requires tolerances higher than those laid down in paragraphs 2 and 3, higher tolerances may be authorised by the Commission when the conformity of the product is checked pursuant to Article 17(1) only in exceptional cases and where adequate justification is provided by the manufacturer.

The manufacturer shall submit a request providing sufficient reasons and evidence of the exceptional manufacturing circumstances.

Chapter 4

Indication of origin for textile products

Article 19

Indication of origin for textile products imported from third countries

1.  For the purpose of this Article, the terms ‘origin’ or ‘originating’ shall refer to non-preferential origin in accordance with Articles 35 and 36 of Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code)(12).

2.  The importation or placing on the market of textile products imported from third countries, except for those originating in Turkey and the Contracting Parties of the EEA Agreement, shall be subject to origin labelling under the conditions laid down in this Article.

3.  The country of origin of textile products shall be indicated on the label of those products. In cases where products are packaged, the indication shall be made separately on the package. The indication of the country of origin may not be replaced by a corresponding indication in accompanying commercial documents.

4.  The Commission may adopt delegated acts, in accordance with Articles 24, 25 and 26, to determine cases in which the indication of origin on the packaging shall be accepted in lieu of labelling of the products themselves. This may, in particular, be the case where products normally reach the end consumer or user in their usual packaging.

5.  The words ‘made-in’ together with the name of the country of origin shall indicate the origin of textile products. The labelling may be made in any of the official languages of the European Union, which is easily understood by the end consumer in the Member State in which the products are to be made available on the market.

6.  The origin labelling shall appear in clearly legible and indelible characters, shall be visible during normal handling, markedly distinct from other information, and shall be presented in a way which is neither misleading nor likely to create an erroneous impression with regard to the origin of the product.

7.  Textile products shall bear the required labelling at the time of importation. Such labelling may not be removed or tampered with until the products have been sold to the end consumer or user.

Article 20

Indication of origin for other textile products

1.  Where the origin of textile products other than those referred to in Article 19 is indicated on the label, such indication shall be subject to the conditions laid down in this Article.

2.  The product shall be deemed to originate in the country where it underwent at least two of the following stages of manufacture:

3.  The textile product may not be described on the labelling as entirely originating in a country unless it underwent in that country all the stages of manufacture referred to in paragraph 2.

4.  The words ‘made-in’ together with the name of the country of origin shall indicate the origin of the product. The labelling may be made in any official language of the European Union, which is easily understood by the end consumer in the Member State in which the product is to be made available on the market.

5.  The origin labelling shall appear in clearly legible and indelible characters, shall be visible during normal handling, markedly distinct from other information, and shall be presented in a way which is not misleading nor likely to create an erroneous impression with regard to the origin of the product.

Article 21

Delegated acts

Article 22

Common provisions

1.  Textile products referred to in Article 19 shall be considered not to comply with this Regulation, if:

2.  Textile products other than those referred to in Article 19 shall be considered not to comply with this Regulation if:

3.  The Commission may adopt delegated acts, in accordance with Articles 24, 25 and 26, in relation to declarations and supporting documents that can be taken to demonstrate compliance with this Regulation.

4.  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 must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission by ...(13), and shall notify it without delay of any subsequent amendment affecting them.

5.  Where products are not in compliance with this Regulation, Member States shall furthermore adopt the measures necessary to require the owner of the products or any other person responsible for them to label those products in accordance with this Regulation and at their own expense.

6.  Where necessary for the effective application of this Regulation, the competent authorities may exchange data received when controlling compliance with this Regulation, including with authorities and other persons or organisations which Member States have empowered pursuant to Article 11 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(14).

Chapter 5

Final provisions

Article 23

Adaptation to technical progress

▌Amendments to Annexes I, II, IV, V, VI, VII, VIII and IX which are necessary for adapting those Annexes to technical progress shall be adopted by the Commission by means of delegated acts in accordance with Article 24, subject to the conditions laid down in Articles 25 and 26.

Article 24

Exercise of the delegation

1.  The power to adopt the delegated acts referred to in Articles 11, 13, 19, 21, 22 and 23 shall be conferred on the Commission for a period of five years following ...(15). The Commission shall make a report in respect of the delegated powers at the latest six months before the end of the five year period. That report shall be accompanied, if necessary, by a legislative proposal for extending the duration of the delegation.

2.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and the Council.

Article 25

Revocation of the delegation

The delegation of power referred to in Articles 11, 13, 19, 21, 22 and 23 may be revoked at any time by the European Parliament or by the Council.

Article 26

Objections to delegated acts

1.  The European Parliament or the Council may object to a delegated act within a period of three months from the date of notification.

At the initiative of the European Parliament or the Council this period shall be extended by two months.

2.  If, on the expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, or if both the European Parliament and the Council have informed the Commission that they do not intend to object, the act shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

▌

Article 27

Reporting

By ...(16), the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Regulation, with an emphasis on the requests and adoption of new textile fibre names and submit, where justified, a legislative proposal.

Article 28

Review

1.  By ...(17)*, the Commission shall submit a report to the European Parliament and the Council regarding possible new labelling requirements to be introduced at Union level with a view to providing consumers with accurate, relevant, intelligible and comparable information on the characteristics of textile products. The report shall be based on an extended consultation of all stakeholders, consumer surveys, and a thorough cost/benefit analysis, and shall be accompanied, where appropriate, by legislative proposals. The report shall examine, inter alia, the following issues:

2.  By ...(18), the Commission shall carry out a study to assess whether substances used in the manufacture or processing of textile products may represent a hazard to human health. That study shall evaluate in particular whether there is a causal link between allergic reactions and synthetic fibres, colourings, biocides, preservatives or nanoparticles used in textile products. The study shall be based on scientific evidence and shall take into account the results of market surveillance activities. On the basis of the study, the Commission shall, where justified, present legislative proposals with a view to prohibiting or restricting the use of potentially hazardous substances used in textile products, in compliance with relevant EU legislation.

Article 29

Transitional provision

Textile products which are in compliance with the provisions of Directive 2008/121/EC and were placed on the market before ...(19)may continue to be placed on the market until …(20)*

Article 30

Repeal

Directives 73/44/EEC, 96/73/EC and 2008/121/EC shall be repealed with effect from ...(21)**.

References to the repealed Directives shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex X.

Article 31

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.

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

Done at

For the European ParliamentFor the Council

The PresidentThe President

ANNEX I

TABLE OF TEXTILE FIBRES

Table 1

Table 2

ANNEX II

MINIMUM REQUIREMENTS FOR A TECHNICAL FILE TO APPLY FOR A NEW TEXTILE FIBRE NAME

(Article 6)

The name proposed shall be related to the chemical composition and shall provide information about the characteristics of the fibre, if appropriate. The name proposed shall be free of rights and shall not be linked to the manufacturer.

The characteristics mentioned in the definition of the new fibre, such as for example elasticity, shall be verifiable via testing methods to be provided with the technical file along with the experimental results of analyses.

The applicant shall evaluate the possibility to use the methods listed in Annex VIII to this Regulation to analyse the most expected commercial mixtures of the new fibre with other fibres and shall propose at least one of those methods. For those methods where the fibre can be considered as insoluble component, the applicant shall evaluate the mass correction factors of the new fibre. All the experimental data shall be submitted with the application.

If methods listed in this Regulation are not suitable, the applicant shall provide adequate reasoning and propose a new method.

The application shall contain all the experimental data for the methods proposed. Data on the accuracy, robustness and repeatability of the methods shall be provided with the file.

ANNEX III

NAMES REFERRED TO IN ARTICLE 8(1) 

in Bulgarian: ‘необработена вълна’,

in Spanish: ‘lana virgen’ or ‘lana de esquilado’,

in Czech: ‘střižní vlna’,

in Danish: ‘ren, ny uld’,

in German: ‘Schurwolle’,

in Estonian: ‘uus vill’,

in Irish: ‘olann lomra’,

in Greek: ‘παρθένο μαλλί’,

in English: ‘fleece wool’ or ‘virgin wool’,

in French: ‘laine vierge’ or ‘laine de tonte’,

in Italian: ‘lana vergine’ or ‘lana di tosa’,

in Latvian: ‘pirmlietojuma vilna’ or ‘cirptā vilna’,

in Lithuanian: ‘natūralioji vilna’,

in Hungarian: ‘élőgyapjú’,

in Maltese: ‘suf verġni’,

in Dutch: ‘scheerwol’,

in Polish: ‘żywa wełna’,

in Portuguese: ‘lã virgem’,

in Romanian: ‘lână virgină’,

in Slovak: ‘strižná vlna’,

in Slovene: ‘runska volna’,

in Finnish: ‘uusi villa’,

in Swedish: ‘ren ull’.

ANNEX IV

SPECIAL PROVISIONS FOR THE LABELLING OF CERTAIN PRODUCTS

(Article 15)

ANNEX V

PRODUCTS FOR WHICH LABELLING OR MARKING IS NOT MANDATORY

(Article 16(2))

1.  Sleeve-supporting armbands

2.  Watch straps of textile materials

3.  Labels and badges

4.  Stuffed pan-holders of textile materials

5.  Coffee cosy covers

6.  Tea cosy covers

7.  Sleeve protectors

8.  Muffs other than in pile fabric

9.  Artificial flowers

10.  Pin cushions

11.  Painted canvas

12.  Textile products for base and underlying fabrics and stiffenings

▌

13.  Old made-up textile products, where explicitly stated to be such

14.  Gaiters

15.  Packagings, not new and sold as such

▌

16.  Containers which are soft and without foundation, saddlery, of textile materials

17.  Travel goods of textile materials

18.  Hand-embroidered tapestries, finished or unfinished, and materials for their production, including embroidery yarns, sold separately from the canvas and specially presented for use in such tapestries

19.  Slide fasteners

20.  Buttons and buckles covered with textile materials

21.  Book covers of textile materials

▌

22.  Textile parts of footwear, excepting warm linings

23.  Table mats having several components and a surface area of not more than 500 cm2

24.  Oven gloves and cloths

25.  Egg cosies

26.  Make-up cases

27.  Tobacco pouches of textile fabric

28.  Spectacle, cigarette and cigar, lighter and comb cases of textile fabric

29.  Protective requisites for sports with the exception of gloves

30.  Toilet cases

31.  Shoe-cleaning cases

32.  Funeral items

33.  Disposable products, with the exception of wadding

34.  Textile products subject to the rules of the European Pharmacopoeia and covered by a reference to those rules, non-disposable bandages for medical and orthopaedic use and orthopaedic textile products in general

35.  Textile products including cordage, ropes and string, subject to item 12 of Annex VI, normally intended:

36.  Textile products for protection and safety purposes such as safety belts, parachutes, life-jackets, emergency chutes, fire-fighting devices, bulletproof waistcoats and special protective garments (e.g. protection against fire, chemical substances or other safety hazards)

37.  Air-supported structures (e.g. sports halls, exhibition stands or storage facilities), provided that details of the performances and technical specifications of these products are supplied

38.  Sails

39.  Animal clothing

40.  Flags and banners

ANNEX VI

PRODUCTS FOR WHICH ONLY INCLUSIVE LABELLING OR MARKING IS MANDATORY

(Article 16(3))

1.  Floorcloths

2.  Cleaning cloths

3.  Edgings and trimmings

4.  Passementerie

5.  Belts

6.  Braces

7.  Suspenders and garters

8.  Shoe and boot laces

9.  Ribbons

10.  Elastic

11.  New packaging sold as such

12.  Packing string and agricultural twine; string, cordage and ropes other than those falling within item 35 of Annex V(22)

13.  Table mats

14.  Handkerchiefs

15.  Bun nets and hair nets

16.  Ties and bow ties for children

17.  Bibs; washgloves and face flannels

18.  Sewing, mending and embroidery yarns presented for retail sale in small quantities with a net weight of 1 gram or less

19.  Tape for curtains and blinds and shutters

ANNEX VII

ITEMS NOT TO BE TAKEN INTO ACCOUNT FOR THE DETERMINATION OF FIBRE PERCENTAGES

(Article 17)

ANNEX VIII

METHODS FOR THE QUANTITATIVE ANALYSIS OF BINARY AND TERNARY TEXTILE FIBRE MIXTURES

CHAPTER 1

I.  Preparation of test samples and test specimens to determine the fibre composition of textile products

1.  FIELD OF APPLICATION

This Chapter gives procedures for obtaining laboratory test samples of a suitable size for pre-treatment for quantitative analysis (i.e. of a mass not exceeding 100 g) from laboratory bulk samples, and for selecting test specimens from the laboratory test samples that have been pre-treated to remove non-fibrous matter(23).

2.  DEFINITIONS

2.1.  Bulk source ‐ The quantity of material which is assessed on the basis of one series of test results. This may comprise, for example, all the material in one delivery of cloth; all the cloth woven from a particular beam; a consignment of yarn, a bale or a group of bales of raw fibre.

2.2.  Laboratory bulk sample ‐ The portion of the bulk source taken to be representative of the whole, and which is available to the laboratory. The size and nature of the laboratory bulk sample shall be sufficient to adequately overcome the variability of the bulk source and to facilitate ease of handling in the laboratory(24).

2.3.  Laboratory test sample ‐ That portion of the laboratory bulk sample that is subjected to pre-treatment to remove non-fibrous matter, and from which test specimens are taken. The size and nature of the laboratory test sample shall be sufficient to overcome adequately the variability of the laboratory bulk sample(25).

2.4.  Test specimen ‐ The portion of material required to give an individual test result, and selected from the laboratory test sample.

3.  PRINCIPLE

The laboratory test sample is selected so that it is representative of the laboratory bulk sample.

The test specimens are taken from the laboratory test sample in such a way that each of them is representative of the laboratory test sample.

4.  SAMPLING FROM LOOSE FIBRES

4.1.  Unorientated fibres ‐ Obtain the laboratory test sample by selecting tufts at random from the laboratory bulk sample. Mix thoroughly the whole of the laboratory test sample by means of a laboratory carder(26). Subject the web or mixture, including loose fibres and fibres adhering to the equipment used for mixing, to pre-treatment. Then select test specimens, in proportion to the respective masses, from the web or mixture, from the loose fibres and from the fibres adhering to the equipment.

If the card web remains intact after pre-treatment, select the test specimens in the manner described in 4.2. If the card web is disturbed by the pre-treatment, select each test specimen by removing at random at least 16 small tufts of suitable and approximately equal size and then combine them.

4.2.  Orientated fibres (cards, webs, slivers, rovings) ‐ From randomly selected parts of the laboratory bulk sample cut not less than 10 crosssections each of mass approximately 1 g. Subject the laboratory test sample so formed to the pre-treatment. Recombine the cross-sections by laying them side by side and obtain the test specimen by cutting through them so as to take a portion of each of the 10 lengths.

5.  SAMPLING YARN

5.1.  Yarn in packages or in banks ‐ Sample all the packages in the bulk laboratory sample.

Withdraw the appropriate continuous equal lengths from each package either by winding skeins of the same number of turns on a wrap-reel(27), or by some other means. Unite the lengths side by side either as a single skein or as a tow to form the laboratory test sample, ensuring that there are equal lengths from each package in the skein or tow.

Subject the laboratory test sample to the pre-treatment.

Take test specimens from the laboratory test sample by cutting a bunch of threads of equal length from the skein or tow, taking care to see that the bunch contains all the threads in the sample.

If the tex of the yarn is t and the number of packages selected from the laboratory bulk sample is n, then to obtain a test sample of 10 g, the length of yarn to be withdrawn from each package is 106/nt cm

If nt is high, i.e. more than 2 000, wind a heavier skein and cut it across in two places to make a tow of suitable mass. The ends of any sample in the form of a tow shall be securely tied before pre-treatment and test specimens taken from a place remote from the tie bands.

5.2.  Yarn on warp ‐ Take the laboratory test sample by cutting a length from the end of the warp, not less than 20 cm long and comprising all the yarns in the warp except the selvedge yarns, which are rejected. Tie the bunch of threads together near one end. If the sample is too large for pre-treatment as a whole divide it into two or more portions, each tied together for pre-treatment, and reunite the portions after each has been pre-treated separately. Take a test specimen by cutting a suitable length from the laboratory test sample from the end remote from the tie band, and comprising all the threads in the warp. For warp of N threads of tex t, the length of a specimen of mass 1 g is 105/Nt cm.

6.  SAMPLING FABRIC

6.1.  From a laboratory bulk sample consisting of a single cutting representative of the cloth

Cut a diagonal strip from one corner to the other and remove the selvedges. This strip is the laboratory test sample. To obtain a laboratory test sample of x g, the strip area shall be x104/G cm2.

where G is the mass of the cloth in g/m2.

Subject the laboratory test sample to the pre-treatment and then cut the strip transversely into four equal lengths and superimpose them. Take test specimens from any part of the layered material by cutting through all the layers so that each specimen contains an equal length of each layer.

If the fabric has a woven design, make the width of the laboratory test sample, measured parallel to the warp direction, not less than one warp repeat of the design. If, with this condition satisfied, the laboratory test sample is too large to be treated as a whole, cut it into equal parts, pre-treat them separately, and superimpose these parts before selection of the test specimen, taking care that corresponding parts of the design do not coincide.

6.2.  From a laboratory bulk sample consisting of several cuttings

Treat each cutting as described in 6.1, and give each result separately.

7.  SAMPLING MADE-UP AND FINISHED PRODUCTS

The bulk laboratory sample is normally a complete made-up or finished product or representative fraction of one.

Where appropriate determine the percentage of the various parts of the product not having the same fibre content, in order to check compliance with Article 14.

Select a laboratory test sample representative of the part of the made-up or finished product, whose composition must be shown by the label. If the product has several labels, select laboratory test samples representative of each part corresponding to a given label.

If the product whose composition is to be determined is not uniform, it may be necessary to select laboratory test samples from each of the parts of the product and to determine the relative proportions of the various parts in relation to the whole product in question.

Then calculate the percentages taking into account the relative proportions of the sampled parts.

Subject the laboratory test samples to the pre-treatment.

Then select test specimens representative of the pre-treated laboratory test samples.

II.  Introduction to the methods for the quantitative analysis of textile fibre mixtures

Methods for the quantitative analysis of fibre mixtures are based on two main processes, the manual separation and the chemical separation of fibres.

The method of manual separation shall be used whenever possible since it generally gives more accurate results than the chemical method. It can be used for all textiles whose component fibres do not form an intimate mixture, as for example in the case of yarns composed of several elements each of which is made up of only one type of fibre, or fabrics in which the fibre of the warp is of a different kind to that of the weft, or knitted fabrics capable of being unravelled made up of yarns of different types.

In general, the methods of chemical quantitative analysis are based on the selective solution of the individual components. After the removal of a component the insoluble residue is weighed, and the proportion of the soluble component is calculated from the loss in mass. This first part of the Annex gives the information common to the analyses by this method of all fibre mixtures dealt with in the Annex, whatever their composition. It shall thus be used in conjunction with the succeeding individual sections of the Annex, which contain the detailed procedures applicable to particular fibre mixtures. Occasionally, an analysis is based on a principle other than selective solution; in such cases full details are given in the appropriate section.

Mixtures of fibres during processing and, to a lesser extent, finished textiles may contain non-fibrous matter, such as fats, waxes or dressings, or water-soluble matter, either occurring naturally or added to facilitate processing. Non-fibrous matter must be removed before analysis. For this reason a method for removing oils, fats, waxes and water-soluble matter is also given.

In addition, textiles may contain resins or other matter added to confer special properties. Such matter, including dyestuffs in exceptional cases, may interfere with the action of the reagent on the soluble component and/or it may be partially or completely removed by the reagent. This type of added matter may thus cause errors and shall be removed before the sample is analysed. If it is impossible to remove such added matter the methods for quantitative chemical analysis given in this Annex are no longer applicable.

Dye in dyed fabrics is considered to be an integral part of the fibre and is not removed.

Analyses are conducted on the basis of dry mass and a procedure is given for determining dry mass.

The result is obtained by applying to the dry mass of each fibre the agreed allowances listed in Annex IX to this Regulation.

Before proceeding with any analysis, all the fibres present in the mixture shall have been identified. In some methods, the insoluble component of a mixture may be partially dissolved in the reagent used to dissolve the soluble component(s).

Where possible, reagents have been chosen that have little or no effect on the insoluble fibres. If loss in mass is known to occur during the analysis, the result shall be corrected; correction factors for this purpose are given. These factors have been determined in several laboratories by treating, with the appropriate reagent as specified in the method of analysis, fibres cleaned by the pre-treatment.

These correction factors apply only to undegraded fibres and different correction factors may be necessary if the fibres have been degraded before or during processing. The procedures given apply to single determinations.

At least two determinations on separate test specimens shall be made, both in the case of manual separation and in the case of chemical separation.

For confirmation, unless technically impossible, it is recommended to use alternative procedures whereby the constituent that was the residue in the standard method is dissolved out first.

CHAPTER 2

Methods for quantitative analysis of certain binary fibre mixtures

I.  General information common to the methods given for the quantitative chemical analysis of textile fibre mixtures

I.1.  Scope and field of application

The field of application for each method specifies to which fibres the method is applicable.

I.2.  Principle

After the identification of the components of a mixture, the non-fibrous material is removed by suitable pre-treatment and then one of the components, usually by selective solution(28). The insoluble residue is weighed and the proportion of soluble component calculated from the loss in mass. Except where this presents technical difficulties, it is preferable to dissolve the fibre present in the greater proportion, thus obtaining the fibre present in the smaller proportion as residue.

I.3.  Materials and equipment

I.3.1.  Apparatus

I.3.1.1.  Filter crucibles and weighing bottles large enough to contain such crucibles, or any other apparatus giving identical results.

I.3.1.2.  Vacuum flask.

I.3.1.3.  Desiccator containing self-indicating silica gel.

I.3.1.4.  Ventilated oven for drying specimens at 105 ± 3 ºC.

I.3.1.5.  Analytical balance, accurate to 0,0002 g.

I.3.1.6.  Soxhlet extractor or other apparatus giving identical results.

I.3.2.  Reagents

I.3.2.1.  Light petroleum, redistilled, boiling range 40 to 60 ºC.

I.3.2.2.  Other reagents are specified in the appropriate sections of each method. All reagents used should be chemically pure.

I.3.2.3.  Distilled or deionized water.

I.3.2.4.  Acetone.

I.3.2.5.  Orthophosphoric acid.

I.3.2.6.  Urea.

I.3.2.7.  Sodium bicarbonate.

All reagents used shall be chemically pure.

I.4.  Conditioning and testing atmosphere

Because dry masses are determined, it is unnecessary to condition the specimen or to conduct analyses in a conditioned atmosphere.

I.5.  Laboratory test sample

Take a laboratory test sample that is representative of the laboratory bulk sample and sufficient to provide all the specimens, each of at least 1 g, that are required.

I.6.  Pre-treatment of laboratory test sample(29)

Where a substance not to be taken into account in the percentage calculations (see Article 17 of this Regulation) is present, it shall first be removed by a suitable method that does not affect any of the fibre constituents.

For this purpose, non-fibrous matter which can be extracted with light petroleum and water is removed by treating the air-dry test sample in a Soxhlet extractor with light petroleum for one hour at a minimum rate of six cycles per hour. Allow the light petroleum to evaporate from the sample, which is then extracted by direct treatment consisting in soaking the specimen in water at room temperature for one hour and then soaking it in water at 65 ± 5 °C for a further hour, agitating the liquor from time to time. Use a liquor-specimen ratio of 100:1. Remove the excess water from the sample by squeezing, suction or centrifuging and then allow the sample to become air-dry.

In the case of elastolefin or fibre mixtures containing elastolefin and other fibres (wool, animal hair, silk, cotton, flax, true hemp, jute, abaca, alfa, coir, broom, ramie, sisal, cupro, modal, protein, viscose, acrylic, polyamide or nylon, polyester, elastomultiester) the procedure just described shall be slightly modified, in fact light petroleum ether shall be replaced by acetone.

In the case of binary mixtures containing elastolefin and acetate the following procedure shall apply as pre-treatment. Extract the specimen for 10 minutes at 80 °C with a solution containing 25 g/l of 50 % orthophosphoric acid and 50 g/l of urea. Use a liquor-specimen ratio of 100:1. Wash the specimen in water, then drain and wash it in a 0,1 % sodium bicarbonate solution, finally wash it carefully in water.

Where non-fibrous matter cannot be extracted with light petroleum and water, it shall be removed by substituting for the water method described above a suitable method that does not substantially alter any of the fibre constituents. However, for some unbleached, natural vegetable fibres (e.g. jute, coir) it is to be noted that normal pre-treatment with light petroleum and water does not remove all the natural non-fibrous substances; nevertheless additional pre-treatment is not applied unless the sample does contain finishes insoluble in both light petroleum and water.

Analysis reports shall include full details of the methods of pre-treatment used.

I.7.  Test procedure

I.7.1.  General instructions

I.7.1.1.  Drying

Conduct all drying operations for not less than four hours and not more than 16 hours at 105 ± 3 ºC in a ventilated oven with the oven door closed throughout. If the drying period is less than 14 hours, the specimen must be weighed to check that its mass has become constant. The mass may be considered to have become constant if, after a further drying period of 60 minutes, its variation is less than 0,05 %.

Avoid handling crucibles and weighing bottles, specimens or residues with bare hands during the drying, cooling and weighing operations.

Dry specimens in a weighing bottle with its cover beside it. After drying, stopper the weighing bottle before removing it from the oven, and transfer it quickly to the desiccator.

Dry the filter crucible in a weighing bottle with its cover beside it in the oven. After drying, close the weighing bottle and transfer it quickly to the desiccator.

Where apparatus other than a filter crucible is used, drying operations in the oven shall be conducted in such a way as to enable the dry mass of the fibres to be determined without loss.

I.7.1.2.  Cooling

Conduct all cooling operations in the desiccator the latter placed beside the balance, until complete cooling of the weighing bottles is attained, and in any case for not less than two hours.

I.7.1.3.  Weighing

After cooling, complete the weighing of the weighing bottle within two minutes of its removal from the desiccator. Weigh to an accuracy of 0,0002 g.

I.7.2.  Procedure

Take from the pre-treated laboratory test sample a test specimen weighing at least 1 g. Cut yarn or cloth into lengths of about 10 mm, dissected as much as possible. Dry the specimen in a weighing bottle, cool it in the desiccator and weigh it. Transfer the specimen to the glass vessel specified in the appropriate section of the relevant Union method, reweigh the weighing bottle immediately and obtain the dry mass of the specimen by difference. Complete the test as specified in the appropriate section of the applicable method. Examine the residue microscopically to check that the treatment has in fact completely removed the soluble fibre.

I.8.  Calculation and expression of results

Express the mass of the insoluble component as a percentage of the total mass of fibre in the mixture. The percentage of soluble component is obtained by difference. Calculate the results on the basis of clean, dry mass, adjusted by (a) the agreed allowances and (b) the correction factors necessary to take account of loss of matter during pre-treatment and analysis. Calculations shall be made by applying the formula given in I.8.2.

I.8.1.  Calculation of percentage of insoluble component on clean, dry mass basis, disregarding loss of fibre mass during pre-treatment.

where

P1%is the percentage of clean, dry insoluble component,

mis the percentage of dry mass of the test specimen after pre-treatment,

ris the dry mass of the residue,

dis the correction factor for loss in mass of the insoluble component in the reagent during the analysis. Suitable values for ‘d’ are given in the relevant section of each method.

Of course, these values for ‘d’ are the normal values applicable to chemically undegraded fibres.

I.8.2.  Calculation of percentage of insoluble component on clean, dry mass basis, with adjustment by conventional factors and, where appropriate, correction factors for loss of mass during pre-treatment

where

P1A% is the percentage of insoluble component adjusted by conventional agreed allowances and for loss in mass during pre-treatment,

P1 is the percentage of clean dry insoluble component as calculated from the formula shown in I.8.1,

a1 is the conventional agreed allowance for the insoluble component (see Annex IX),

a2 is the conventional agreed allowance for the soluble component (see Annex IX),

b1 is the percentage loss of insoluble component caused by pre-treatment,

b2 is the percentage loss of soluble component caused by pre-treatment.

The percentage of the second component is P2A% = 100 - P1A%.

Where a special pre-treatment has been used, the values of b1 and b2 shall be determined, if possible, by submitting each of the pure fibre constituents to the pre-treatment applied in the analysis. Pure fibres are those free from all non-fibrous material except that which they normally contain (either naturally or because of the manufacturing process), in the state (unbleached, bleached) in which they are found in the material to be analysed.

Where no clean separate constituent fibres used in the manufacture of the material to be analysed are available, average values of b1 and b2 as obtained from tests performed on clean fibres similar to those in the mixture under examination, shall be used.

If normal pre-treatment by extraction with light petroleum and water is applied, correction factors b1 and b2 may generally be ignored, except in the case of unbleached cotton, unbleached flax and unbleached hemp, where the loss due to the pre-treatment is conventionally taken as 4 %, and in the case of polypropylene, where it is taken as 1 %.

In the case of other fibres, losses due to the pre-treatment are conventionally disregarded in calculations.

II.  Method of quantitative analysis by manual separation

II.1.  Field of application

This method is applicable to textile fibres of all types provided they do not form an intimate mixture and that it is possible to separate them by hand.

II.2.  Principle

After identification of the constituents of the textile, the non-fibrous material is removed by suitable pre-treatment and then the fibres are separated by hand, dried and weighed in order to calculate the proportion of each fibre in the mixture.

II.3.  Apparatus

II.3.1.  Weighing bottle or any other apparatus giving identical results.

II.3.2.  Desiccator containing self-indicating silica gel.

II.3.3.  Ventilated oven for drying specimens at 105 ± 3 ºC.

II.3.4.  Analytical balance, accurate to 0,0002 g.

II.3.5.  Soxhlet extractor, or other apparatus giving an identical result.

II.3.6.  Needle.

II.3.7.  Twist tester or similar apparatus.

II.4.  Reagents

II.4.1.  Light petroleum, redistilled, boiling range 40 to 60 ºC.

II.4.2.  Distilled or deionized water.

II.5.  Conditioning and testing atmosphere

See I.4.

II.6.  Laboratory test sample

See I.5.

II.7.  Pre-treatment of laboratory test sample

See I.6.

II.8.  Procedure

II.8.1.  Analysis of yarn

Select from the pre-treatment laboratory test sample a specimen of mass not less than 1 g. For a very fine yarn, the analysis may be made on a minimum length of 30 m, whatever its mass.

Cut the yarn into pieces of a suitable length and separate the fibre types by means of a needle and, if necessary, a twist tester. The fibre types so obtained are placed in pre-weighed weighing bottles and dried at 105 ± 3 ºC until a constant mass is obtained, as described in I.7.1 and I.7.2.

II.8.2.  Analysis of cloth

Select from the pre-treated laboratory test sample, well away from all selvedges, a specimen of mass not less than 1 g, with edges carefully trimmed to avoid fraying and running parallel with weft or warp yarns, or in the case of knitted fabrics in the line of wales and courses. Separate the different fibre types, collect them in pre-weighed weighing bottles and proceed as described in II.8.1.

II.9.  Calculation and expression of results

Express the mass of each fibre constituent as a percentage of the total mass of the fibres in the mixture. Calculate the results on the basis of clean, dry mass, adjusted by (a) the agreed allowances and (b) the correction factors necessary to take account of loss of matter during pre-treatment.

II.9.1.  Calculation of percentage masses of clean, dry fibre, disregarding loss of fibre mass during pre-treatment:

P1% is the percentage of the first clean, dry component,

m1 is the clean, dry mass of the first component,

m2 is the clean, dry mass of the second component.

II.9.2.  For calculation of the percentage of each component with adjustment by agreed allowances and, where appropriate, by correction factors for loss of matter during pre-treatment, see I.8.2.

III.1.  Precision of the methods

The precision indicated in individual methods relates to the reproducibility.

The reproducibility refers to the reliability, i.e. the closeness of agreement between experimental values obtained by operators in different laboratories or at different times using the same method and obtaining individual results on specimens of an identical consistent mixture.

The reproducibility is expressed by confidence limits of the results for a confidence level of 95 %.

Therefore, the difference between two results in a series of analyses made in different laboratories would, given a normal and correct application of the method to an identical and consistent mixture, be exceeded only in five cases out of a 100.

III.2.  Test report

III.2.1.  State that the analysis was conducted in accordance with this method.

III.2.2.  Give details of any special pre-treatment (see I.6).

III.2.3.  Give the individual results and the arithmetic mean, each to an accuracy of 0,1.

IV.  Special methods

SUMMARY TABLE

METHOD No 1

ACETATE AND CERTAIN OTHER FIBRES

(Acetone method)

1.  FIELD OF APPLICATION

In no circumstances is the method applicable to acetate fibres which have been deacetylated on the surface.

2.  PRINCIPLE

The acetate is dissolved out from a known dry mass of the mixture, with acetone. The residue is collected, washed, dried and weighed; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of dry acetate is found by difference.

3.  APPARATUS AND REAGENTS (additional to those specified in the general instructions)

3.1.  Apparatus

Glass-stoppered conical flasks of at least 200 ml capacity.

3.2.  Reagent

Acetone.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions and proceed as follows:

To the specimen contained in a glass-stoppered conical flask of at least 200 ml capacity, add 100 ml of acetone per gram of specimen, shake the flask, stand it for 30 minutes at room temperature, stirring from time to time, and then decant the liquid through the weighed filter crucible.

Repeat the treatment twice more (making three extractions in all), but for periods of 15 minutes only, so that the total time of treatment in acetone is one hour. Transfer the residue to the filter crucible. Wash the residue in the filter crucible with acetone and drain with suction. Refill the crucible with acetone and allow to drain under gravity.

Finally, drain the crucible with suction, dry the crucible and residue, and cool and weigh them.

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ is 1,00, except for melamine, for which ‘d’=1,01.

6.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD No 2

CERTAIN PROTEIN FIBRES AND CERTAIN OTHER FIBRES

(Method using hypochlorite)

1.  FIELD OF APPLICATION

If different protein fibres are present, the method gives the total of their amounts but not their individual quantities.

2.  PRINCIPLE

The protein fibre is dissolved out from a known dry mass of the mixture, with a hypochlorite solution. The residue is collected, washed, dried and weighed; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of dry protein fibre is found by difference.

Either lithium hypochlorite or sodium hypochlorite can be used for the preparation of the hypochlorite solution.

Lithium hypochlorite is recommended in cases involving a small number of analyses or for analyses conducted at fairly lengthy intervals. This is because the percentage of hypochlorite in solid lithium hypochlorite ‐ unlike that in sodium hypochlorite ‐ is virtually constant. If the percentage of hypochlorite is known, hypochlorite content need not be checked iodometrically for each analysis, since a constant weighed portion of lithium hypochlorite can be employed.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

(i)  Erlenmeyer flask with ground-glass stopper, 250 ml.

(ii)  Thermostat, adjustable to 20 (± 2) ºC.

3.2.  Reagents

(i)  Hypochlorite reagent

(a)  Lithiumhypochloritesolution

This consists of a freshly prepared solution containing 35 (± 2) g/l of active chlorine (approximately 1 M), to which 5 (± 0,5) g/l of previously dissolved sodium hydroxide is added. To prepare, dissolve 100 grams of lithium hypochlorite containing 35 % active chlorine (or 115 grams containing 30 % active chlorine) in approximately 700 ml of distilled water, add 5 grams of sodium hydroxide dissolved in approximately 200 ml of distilled water and make up to 1 litre with distilled water. The solution which has been freshly prepared need not be checked iodometrically.

(b)  Sodiumhypochloritesolution

This consists of a freshly prepared solution containing 35 (± 2) g/l of active chlorine (approximately 1 M) to which 5 (± 0,5) g/l of previously dissolved sodium hydroxide is added.

Check the active chlorine content of the solution iodometrically before each analysis.

(ii)  Acetic acid, dilute solution

Dilute 5 ml of glacial acetic acid to 1 litre with water.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions and proceed as follows: mix approximately 1 gram of the sample with approximately 100 ml of the hypochlorite solution (lithium or sodium hypochlorite) in the 250 ml flask and agitate thoroughly in order to wet out the sample.

Then heat the flask for 40 minutes in a thermostat at 20 ºC and agitate continuously, or at least at regular intervals. Since the dissolution of the wool proceeds exothermically, the reaction heat of this method must be distributed and removed. Otherwise, considerable errors may be caused by the incipient dissolution of the non-soluble fibres.

After 40 minutes, filter the flask contents through a weighed glass-filter crucible and transfer any residual fibres into the filter crucible by rinsing the flask with a little hypochlorite reagent. Drain the crucible with suction and wash the residue successively with water, dilute acetic acid, and finally water, draining the crucible with suction after each addition. Do not apply suction until each washing liquor has drained under gravity.

Finally, drain the crucible with suction, dry the crucible with the residue, and cool and weigh them.

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ is 1,00, except for cotton, viscose, modal and melamine for which ‘d’ = 1,01, and unbleached cotton, for which ‘d’ = 1,03.

6.  PRECISION

On homogeneous mixtures of textile materials, the confidence limits for results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD No 3

VISCOSE, CUPRO OR CERTAIN TYPES OF MODAL AND COTTON

(Method using formic acid and zinc chloride)

1.  FIELD OF APPLICATION

If a modal fibre is found to be present, a preliminary test shall be carried out to see whether it is soluble in the reagent.

This method is not applicable to mixtures in which the cotton has suffered extensive chemical degradation nor when the viscose or cupro is rendered incompletely soluble by the presence of certain dyes or finishes that cannot be removed completely.

2.  PRINCIPLE

The viscose, cupro or modal fibre is dissolved from a known dry mass of the mixture, with a reagent consisting of formic acid and zinc chloride. The residue is collected, washed, dried and weighed; its corrected mass is expressed as a percentage of the dry mass of the mixture. The percentage of dry viscose, cupro or modal fibre is found by difference.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

(i)  Glass-stoppered conical flasks of at least 200 ml capacity.

(ii)  Apparatus for maintaining flasks at 40 (± 2) ºC.

3.2.  Reagents

(i)  Solution containing 20 g of fused anhydrous zinc chloride and 68 g of anhydrous formic acid made up to 100 g with water (namely 20 parts by mass of fused anhydrous zinc chloride to 80 parts by mass of 85 % m/m formic acid).

NB:

Attention is drawn, in this respect, to point I.3.2.2, which lays down that all reagents used shall be chemically pure; in addition, it is essential to use only fused anhydrous zinc chloride.

(ii)  Ammonium hydroxide solution: dilute 20 ml of a concentrated ammonia solution (specific gravity 0,880 g/ml) to 1 litre with water.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions and proceed as follows: place the specimen immediately in the flask, pre-heated to 40 ºC. Add 100 ml of the solution of formic acid and zinc chloride, pre-heated to 40 ºC per gram of specimen. Insert the stopper and shake the flask vigorously. Keep the flask and its contents at a constant temperature of 40 ºC for two hours and a half, shaking the flask at hourly intervals.

Filter the contents of the flask through the weighed filter crucible and with the help of the reagent transfer to the crucible any fibres remaining in the flask. Rinse with 20 ml of reagent.

Wash crucible and residue thoroughly with water at 40 ºC. Rinse the fibrous residue in approximately 100 ml of cold ammonia solution (3.2.ii) ensuring that this residue remains wholly immersed in the solution for 10 minutes; then rinse thoroughly with cold water.

Do not apply suction until each washing liquor has drained under gravity.

Finally, drain the remaining liquid with suction, dry the crucible and residue, and cool and weigh them.

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ is 1,02 for cotton, 1,01 for melamine and 1,00 for elastolefin.

6.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 2 for a confidence level of 95 %.

METHOD No 4

POLYAMIDE OR NYLON, AND CERTAIN OTHER FIBRES

(Method using 80 % m/m formic acid)

1.  FIELD OF APPLICATION

As mentioned above, this method is also applicable to mixtures with wool, but when the wool content exceeds 25 %, method No 2 shall be applied (dissolving wool in a solution of alkaline sodium hypochlorite).

2.  PRINCIPLE

The polyamide fibre is dissolved out from a known dry mass of the mixture, with formic acid. The residue is collected, washed, dried and weighed; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of dry polyamide or nylon is found by difference.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

Glass-stoppered conical flask of at least 200 ml capacity.

3.2.  Reagents

(i)  Formic acid (80 % m/m, relative density at 20 ºC: 1,186). Dilute 880 ml of 90 % m/m formic acid (relative density at 20 ºC: 1,204) to 1 litre with water. Alternatively, dilute 780 ml of 98 to 100 % m/m formic acid (relative density at 20 ºC: 1,220) to 1 litre with water.

The concentration is not critical within the range 77 to 83 % m/m formic acid.

(ii)  Ammonia, dilute solution: dilute 80 ml of concentrated ammonia solution (relative density at 20 ºC: 0,880) to 1 litre with water.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions and proceed as follows: to the specimen contained in the conical flask of at least 200 ml capacity, add 100 ml of formic acid per gram of specimen. Insert the stopper, shake the flask to wet out the specimen. Stand the flask for 15 minutes at room temperature, shaking it at intervals. Filter the contents of the flask through the weighed filter crucible and transfer any residual fibres to the crucible by washing out the flask with a little formic acid reagent.

Drain the crucible with suction and wash the residue on the filter successively with formic acid reagent, hot water, dilute ammonia solution, and finally cold water, draining the crucible with suction after each addition. Do not apply suction until each washing liquor has drained under gravity.

Finally, drain the crucible with suction, dry the crucible and residue, and cool and weigh them.

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ is 1,00, except for melamine, for which ‘d’=1,01.

6.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD No 5

ACETATE AND TRIACETATE

(Method using benzyl alcohol)

1.  FIELD OF APPLICATION

2.  PRINCIPLE

The acetate fibre is dissolved out from a known dry mass of the mixture, with benzyl alcohol at 52 ± 2 ºC.

The residue is collected, washed, dried and weighed; its mass is expressed as a percentage of the dry mass of the mixture. The percentage of dry acetate is found by difference.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

(i)  Glass-stoppered conical flask of at least 200 ml capacity.

(ii)  Mechanical shaker.

(iii)  Thermostat or other apparatus for keeping the flask at a temperature of 52 ± 2 ºC.

3.2.  Reagents

(i)  Benzyl alcohol.

(ii)  Ethanol.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions and proceed as follows:

To the specimen contained in the conical flask, add 100 ml of benzyl alcohol per gram of specimen. Insert the stopper, secure the flask to the shaker so that it is immersed in the water-bath, kept at 52 ± 2 ºC, and shake for 20 minutes at this temperature.

(Instead of using a mechanical shaker, the flask may be shaken vigorously by hand).

Decant the liquid through the weighed filter crucible. Add a further dose of benzyl alcohol in the flask and shake as before at 52 ± 2 ºC for 20 minutes.

Decant the liquid through the crucible. Repeat the cycle of operations a third time.

Finally pour the liquid and the residue into the crucible; wash any remaining fibres from the flask into the crucible with an extra quantity of benzyl alcohol at 52 ± 2 ºC. Drain the crucible thoroughly.

Transfer the fibres into a flask, rinse with ethanol and after shaking manually decant through the filter crucible.

Repeat this rinsing operation two or three times. Transfer the residue into the crucible and drain thoroughly. Dry the crucible and the residue and cool and weigh them.

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ is 1,00, except for melamine, for which ‘d’=1,01.

6.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD No 6

TRIACETATES AND CERTAIN OTHER FIBRES

(Method using dichloromethane)

1.  FIELD OF APPLICATION

Note

Triacetate fibres which have received a finish leading to partial hydrolysis cease to be completely soluble in the reagent. In such cases, the method is not applicable.

2.  PRINCIPLE

The triacetate or polylactide fibres are dissolved out from a known dry mass of the mixture, with dichloromethane. The residue is collected, washed, dried and weighed; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of dry triacetate or polylactide is found by difference.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

Glass-stoppered conical flask of at least 200 ml capacity.

3.2.  Reagent

Dichloromethane.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions and proceed as follows:

To the specimen contained in the 200 ml glass-stoppered conical flask, add 100 ml of dichloromethane per gram of specimen, insert the stopper, shake the flask every 10 minutes to wet out the specimen and stand for 30 minutes at room temperature, shaking the flask at regular intervals. Decant the liquid through the weighed filter crucible. Add 60 ml of dichloromethane to the flask containing the residue, shake manually and filter the contents of the flask through the filter crucible. Transfer the residual fibres to the crucible by washing out the flask with a little more dichloromethane. Drain the crucible with suction to remove excess liquid, refill the crucible with dichloromethane and allow it to drain under gravity.

Finally, apply suction to eliminate excess liquid, then treat the residue with boiling water to eliminate all the solvent, apply suction, dry the crucible and residue, cool and weigh them.

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ is 1,00, except in the case of polyester, elastomultiester, elastolefin and melamine for which the value of ‘d’ is 1,01.

6.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD No 7

CERTAIN CELLULOSE FIBRES AND POLYESTER

(Method using 75 % m/m sulphuric acid)

1.  FIELD OF APPLICATION

2.  PRINCIPLE

The cellulose fibre is dissolved out from a known dry mass of the mixture, with 75 % m/m sulphuric acid. The residue is collected, washed, dried and weighed; its mass is expressed as a percentage of the dry mass of the mixture. The proportion of dry cellulose fibre is found by difference.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

(i)  Glass-stoppered conical flask of at least 500 ml capacity.

(ii)  Thermostat or other apparatus for maintaining the flask at 50 ± 5 ºC.

3.2.  Reagents

(i)  Sulphuric acid, 75 ± 2 % m/m

Prepare by adding carefully, while cooling, 700 ml of sulphuric acid (relative density at 20 ºC: 1,84) to 350 ml of distilled water.

After the solution has cooled to room temperature, dilute to 1 litre with water.

(ii)  Ammonia, dilute solution

Dilute 80 ml of ammonia solution (relative density at 20 ºC: 0,88) to 1 litre with water.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions and proceed as follows:

To the specimen contained in the glass-stoppered conical flask of at least 500 ml capacity, add 200 ml of 75 % sulphuric acid per gram of specimen, insert the stopper and carefully shake the flask to wet out the specimen.

Maintain the flask at 50 ± 5 ºC for one hour, shaking it at regular intervals of roughly 10 minutes. Filter the contents of the flask through the weighed filter crucible by means of suction. Transfer any residual fibres by washing out the flask with a little 75 % sulphuric acid. Drain the crucible with suction and wash the residue on the filter once by filling the crucible with a fresh portion of sulphuric acid. Do not apply suction until the acid has drained under gravity.

Wash the residue successively several times with cold water, twice with dilute ammonia solution, and then thoroughly with cold water, draining the crucible with suction after each addition. Do not apply suction until each washing liquor has drained under gravity. Finally, drain the remaining liquid from the crucible with suction, dry the crucible and residue, and cool and weigh them.

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ is 1,00.

6.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD No 8

ACRYLICS, CERTAIN MODACRYLICS OR CERTAIN CHLOROFIBRES AND CERTAIN OTHER FIBRES

(Method using dimethylformamide)

1.  FIELD OF APPLICATION

It is equally applicable to acrylics, and certain modacrylics, treated with premetallised dyes, but not to those dyed with afterchrome dyes.

2.  PRINCIPLE

The acrylic, modacrylic or chlorofibre is dissolved out from a known dry mass of the mixture, with dimethylformamide heated in a water-bath at boiling point. The residue is collected, washed, dried and weighed. Its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture and the percentage of dry acrylic, modacrylic or chlorofibre is found by difference.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

(i)  Glass-stoppered conical flask of at least 200 ml capacity.

(ii)  Water bath at boiling point.

3.2.  Reagent

Dimethylformamide (boiling point 153 ± 1 ºC) not containing more than 0,1 % water.

This reagent is toxic and the use of a hood is thus recommended.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions and proceed as follows:

To the specimen contained in the glass-stoppered conical flask of at least 200 ml capacity, add per gram of specimen 80 ml of dimethylformamide, pre-heated in the water-bath at boiling point, insert the stopper, shake the flask to wet out the specimen and heat in the water-bath at boiling point for one hour. Shake the flask and its contents gently by hand five times during this period.

Decant the liquid through the weighed filter crucible, retaining the fibres in the flask. Add a further 60 ml of dimethylformamide to the flask and heat for a further 30 minutes, shaking the flask and contents gently by hand twice during this period.

Filter the contents of the flask through the filter crucible by means of suction.

Transfer any residual fibre to the crucible by washing out the beaker with dimethylformamide. Drain the crucible with suction. Wash the residue with about 1 litre of hot water at 70 ‐ 80 ºC, filling the crucible each time.

After each addition of water, apply suction briefly but not until the water has drained under gravity. If the washing liquor drains through the crucible too slowly slight suction may be applied.

Finally dry the crucible with the residue, cool and weigh them.

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ is 1,00 except in the following cases:

wool 1,01

cotton 1,01

cupro 1,01

modal 1,01

polyester 1,01

elastomultiester 1,01

melamine 1,01.

6.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD No 9

CERTAIN CHLOROFIBRES AND CERTAIN OTHER FIBRES

(Method using 55,5/44,5 mixture of carbon disulphide and acetone)

1.  FIELD OF APPLICATION

When the wool or silk content of the mixture exceeds 25 %, method No 2 shall be used.

When the polyamide or nylon content of the mixture exceeds 25 %, method No 4 shall be used.

2.  PRINCIPLE

The chlorofibre is dissolved out from a known dry mass of the mixture, with an azeotropic mixture of carbon disulphide and acetone. The residue is collected, washed, dried and weighed; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of dry polyvinyl chloride fibre is found by difference.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

(i)  Glass-stoppered conical flask of at least 200 ml capacity.

(ii)  Mechanical shaker.

3.2.  Reagents

(i)  Azeotropic mixture of carbon disulphide and acetone (55,5 % by volume carbon disulphide to 44,5 % acetone). As this reagent is toxic, the use of a hood is recommended.

(ii)  Ethanol (92 % by volume) or methanol.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions and proceed as follows:

To the specimen contained in the glass-stoppered conical flask of at least 200 ml capacity, add 100 ml of the azeotropic mixture per gram of specimen. Seal the flask securely, and shake the flask on a mechanical shaker, or vigorously by hand, for 20 minutes at room temperature.

Decant the supernatant liquid through the weighed filter crucible.

Repeat the treatment with 100 ml of fresh reagent. Continue this cycle of operations until no polymer deposit is left on a watch glass when a drop of the extraction liquid is evaporated. Transfer the residue to the filter crucible using more reagent, apply suction to remove the liquid, and rinse the crucible and residue with 20 ml of alcohol and then three times with water. Allow the washing liquor to drain under gravity before draining with suction. Dry the crucible and residue and cool and weigh them.

Note:

With certain mixtures having a high chlorofibre content there may be substantial shrinkage of the specimen during the drying procedure, as a result of which the dissolution of chlorofibre by the solvent is retarded.

This does not, however, affect the ultimate dissolution of the chlorofibre in the solvent.

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ is 1,00, except for melamine, for which ‘d’=1,01.

6.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of the results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD No 10

ACETATE AND CERTAIN CHLOROFIBRES

(Method using glacial acetic acid)

1.  FIELD OF APPLICATION

2.  PRINCIPLE

The acetate fibre is dissolved out from a known dry mass of the mixture, with glacial acetic acid. The residue is collected, washed, dried and weighed; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of dry acetate is found by difference.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

(i)  Glass-stoppered conical flask of at least 200 ml capacity.

(ii)  Mechanical shaker.

3.2.  Reagent

Glacial acetic acid (over 99 %). This reagent shall be handled with care since it is highly caustic.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions and proceed as follows:

To the specimen contained in the glass-stoppered conical flask of at least 200 ml capacity, add 100 ml glacial acetic acid per gram of specimen. Seal the flask securely and shake on the mechanical shaker, or vigorously by hand, for 20 minutes at room temperature. Decant the supernatant liquid through the weighed filter crucible. Repeat this treatment twice, using 100 ml of fresh reagent each time, making three extractions in all.

Transfer the residue to the filter crucible, drain with suction to remove the liquid and rinse the crucible and the residue with 50 ml of glacial acetic acid, and then three times with water. After each rinse, allow the liquid to drain under gravity before applying suction. Dry the crucible and residue, and cool and weigh them.

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ is 1,00.

6.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of the results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD No 11

SILK AND WOOL OR HAIR

(Method using 75 % m/m sulphuric acid)

1.  FIELD OF APPLICATION

2.  PRINCIPLE

The silk fibre is dissolved out from a known dry mass of the mixture, with 75 % m/m sulphuric acid (32).

The residue is collected, washed, dried and weighed. Its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of dry silk is found by difference.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

Glass-stoppered conical flask of at least 200 ml capacity.

3.2.  Reagents

(i)  Sulphuric acid (75 ± 2 % m/m)

Prepare by adding carefully, while cooling, 700 ml sulphuric acid (density at 20 ºC: 1,84) to 350 ml distilled water.

After cooling to room temperature, dilute the solution to 1 litre with water.

(ii)  Sulphuric acid, dilute solution: add 100 ml sulphuric acid (density at 20 ºC: 1,84) slowly to 1 900 ml distilled water.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions and proceed as follows:

To the specimen contained in a glass-stoppered conical flask of at least 200 ml capacity, add 100 ml of 75 % m/m sulphuric acid per gram of specimen and insert the stopper. Shake vigorously and stand for 30 minutes at room temperature. Shake again and stand for 30 minutes.

Shake a last time and filter the contents of the flask through the weighed filter crucible. Wash any remaining fibres from the flask with the 75 % sulphuric acid reagent. Wash the residue on the crucible successively with 50 ml of the dilute sulphuric acid reagent, 50 ml water and 50 ml of the dilute ammonia solution. Each time allow the fibres to remain in contact with the liquid for about 10 minutes before applying suction. Finally rinse with water, leaving the fibres in contact with the water for about 30 minutes.

Drain the crucible with suction, dry the crucible and residue, and cool and weigh them.

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ is 0,985 for wool, 1,00 for elastolefin and 1,01 for melamine.

6.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD No 12

JUTE AND CERTAIN ANIMAL FIBRES

(Method by determining nitrogen content)

1.  FIELD OF APPLICATION

The animal-fibre component may consist solely of hair (2 and 3) or wool (1) or of any mixture of the two. This method is not applicable to textile mixtures containing non-fibrous matter (dyes, finishes, etc.) with a nitrogen base.

2.  PRINCIPLE

The nitrogen content of the mixture is determined, and from this and the known or assumed nitrogen contents of the two components, the proportion of each component is calculated.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

(i)  Kjeldahl digestion flask, 200 ‐ 300 ml capacity.

(ii)  Kjeldahl distillation apparatus with steam injection.

(iii)  Titration apparatus, allowing precision of 0,05 ml.

3.2.  Reagents

(i)  Toluene.

(ii)  Methanol.

(iii)  Sulphuric acid, relative density at 20 ºC: 1,84.

(iv)  Potassium sulphate.

(v)  Selenium dioxide.

(vi)  Sodium hydroxide solution (400 g/litre). Dissolve 400 g of sodium hydroxide in 400 ‐ 500 ml of water and dilute to 1 litre with water.

(vii)  Mixed indicator. Dissolve 0,1 g of methyl red in 95 ml of ethanol and 5 ml of water, and mix with 0,5 g of bromocresol green dissolved in 475 ml of ethanol and 25 ml of water.

(viii)  Boric acid solution. Dissolve 20 g of boric acid in 1 litre of water.

(ix)  Sulphuric acid, 0,02N (standard volumetric solution).

4.  PRE-TREATMENT OF TEST SAMPLE

The following pre-treatment is substituted for the pre-treatment described in the general instructions:

Extract the air-dry sample in a Soxhlet apparatus with a mixture of 1 volume of toluene and 3 volumes of methanol for four hours at a minimum rate of 5 cycles per hour. Allow the solvent to evaporate from the sample in air, and remove the last traces in an oven at 105 ± 3 ºC. Then extract the sample in water (50 ml per g of sample) by boiling under reflux for 30 minutes. Filter, return the sample to the flask, and repeat the extraction with an identical volume of water. Filter, remove excess water from the sample by squeezing, suction, or centrifuging and then allow the sample to become air-dry.

Note:

The toxic effects of toluene and methanol shall be borne in mind and full precautions shall be taken in their use.

5.  TEST PROCEDURE

5.1.  General instructions

Follow the procedure described in the general instructions as regards the selection, drying and weighing of the specimen.

5.2.  Detailed procedure

Transfer the specimen to a Kjeldahl digestion flask. To the specimen weighing at least 1 g contained in the digestion flask, add, in the following order, 2,5 g potassium sulphate, 0,1 ‐ 0,2 g selenium dioxide and 10 ml sulphuric acid (relative density 1,84). Heat the flask, gently at first, until the whole of the fibre is destroyed, and then heat it more vigorously until the solution becomes clear and almost colourless. Heat it for a further 15 minutes. Allow the flask to cool, dilute the contents carefully with 10 ‐ 20 ml water, cool, transfer the contents quantitatively to a 200 ml graduated flask and make up to volume with water to form the digest solution. Place about 20 ml of boric acid solution in a 100 ml conical flask and place the flask under the condenser of the Kjeldahl distillation apparatus so that the delivery tube dips just below the surface of the boric acid solution. Transfer exactly 10 ml of digest solution to the distillation flask, add not less than 5 ml of sodium hydroxide solution to the funnel, lift the stopper slightly and allow the sodium hydroxide solution to run slowly into the flask. If the digest solution and sodium hydroxide solution remain as two separate layers, mix them by gentle agitation. Heat the distillation flask gently and pass it into steam from the generator. Collect about 20 ml of distillate, lower the conical flask so that the tip of the delivery tube of the condenser is about 20 mm above the surface of the liquid and distil for 1 minute more. Rinse the tip of the delivery tube with water, catching the washings in the conical flask. Remove the conical flask and replace it with another conical flask containing roughly 10 ml of boric acid solution and collect about 10 ml distillate.

Titrate the two distillates separately with 0,02N sulphuric acid, use the mixed indicator. Record the total titre for the two distillates. If the titre for the second distillate is more than 0,2 ml, repeat the test and start the distillation again using a fresh aliquot of digest solution.

Carry out a blank determination, i.e. digestion and distillation using the reagents only.

6.  CALCULATION AND EXPRESSION OF RESULTS

6.1.  Calculate the percentage nitrogen content in the dry specimen as follows:

where

A = percentage nitrogen in the clean dry specimen,

V = total volume in ml of standard sulphuric acid used in the determination,

b = total volume in ml of standard sulphuric acid used in the blank determination,

N = normality of standard sulphuric acid,

W = dry mass (g) of specimen.

6.2.  Using the values of 0,22 % for the nitrogen content of jute and 16,2 % for the nitrogen content of animal fibre, both percentages being expressed on the dry mass of the fibre, calculate the composition of the mixture as follows:

where

PA % = percentage of animal fibre in the clean dry specimen.

7.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD No 13

POLYPROPYLENE FIBRES AND CERTAIN OTHER FIBRES

(Xylene method)

1.  FIELD OF APPLICATION

2.  PRINCIPLE

The polypropylene fibre is dissolved out from a known dry mass of the mixture with boiling xylene. The residue is collected, washed, dried and weighed; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of polypropylene is found by difference.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

(i)  Glass-stoppered conical flask of at least 200 ml capacity.

(ii)  Reflux condenser (suitable for liquids of high boiling point), fitting the conical flask (i).

3.2.  Reagent

Xylene distilling between 137 and 142 ºC.

Note:

This reagent is highly flammable and has a toxic vapour. Suitable precautions must be taken in its use.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions then proceed as follows:

To the specimen contained in the conical flask (3.1 (i)), add 100 ml of xylene (3.2) per gram of specimen. Attach the condenser (3.1 (ii)), bring the contents to the boil and maintain at boiling point for three minutes.

Immediately decant the hot liquid through the weighed filter crucible (see Note 1). Repeat this treatment twice more, each time using a fresh 50 ml portion of solvent.

Wash the residue remaining in the flask successively with 30 ml of boiling xylene (twice), then with 75 ml of light petroleum (I.3.2.1 of general instructions) (twice). After the second wash with light petroleum, filter the contents of the flask through the crucible, transfer any residual fibres to the crucible with the aid of a small quantity of light petroleum and allow the solvent to evaporate. Dry the crucible and residue, cool and weigh them.

Notes:

1.  The filter crucible through which the xylene is to be decanted must be pre-heated.

2.  After the treatment with boiling xylene, ensure that the flask containing the residue is cooled sufficiently before the light petroleum is introduced.

3.  In order to reduce the fire and toxicity hazards to the operator, a hot extraction apparatus using the appropriate procedures, giving identical results, may be used(33).

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ is 1,00, except for melamine, for which ‘d’=1,01.

6.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD No 14

CHLOROFIBRES (HOMOPOLYMERS OF VINYL CHLORIDE) AND CERTAIN OTHER FIBRES

(Concentrated sulphuric acid method)

1.  FIELD OF APPLICATION

The modacrylics concerned are those which give a limpid solution when immersed in concentrated sulphuric acid (relative density 1,84 at 20 ºC).

This method can be used in place of method Nos 8 and 9.

2.  PRINCIPLE

The constituent other than the chlorofibre or the elastolefin (i.e. the fibres mentioned in paragraph 1.2) is dissolved out from a known dry mass of the mixture with concentrated sulphuric acid (relative density 1,84 at 20 °C).

The residue, consisting of the chlorofibre or the elastolefin, is collected, washed, dried and weighed; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of the second constituents is obtained by difference.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

(i)  Glass-stoppered conical flask of at least 200 ml capacity.

(ii)  Glass rod with flattened end.

3.2.  Reagents

(i)  Sulphuric acid, concentrated (relative density 1,84 at 20 ºC).

(ii)  Sulphuric acid, approximately 50 % (m/m) aqueous solution.

Prepare by adding carefully, while cooling, 400 ml of sulphuric acid (relative density 1,84 at 20 ºC) to 500 ml of distilled or deionized water. After cooling to room temperature, dilute the solution to one litre with water.

(iii)  Ammonia, dilute solution.

Dilute 60 ml of concentrated ammonia solution (relative density 0,880 at 20 ºC) to one litre with distilled water.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions, then proceed as follows:

To the specimen contained in the flask (3.1 (i)) add 100 ml of sulphuric acid (3.2 (i)) per gram of specimen.

Allow the contents of the flask to remain at room temperature for 10 minutes and during that time stir the test specimen occasionally by means of the glass rod. If a woven or knitted fabric is being treated, wedge it between the wall of the flask and the glass rod and exert a light pressure in order to separate the material dissolved by the sulphuric acid.

Decant the liquid through the weighed filter crucible. Add to the flask a fresh portion of 100 ml of sulphuric acid (3.2 (i)) and repeat the same operation.Transfer the contents of the flask to the filter crucible and transfer the fibrous residue there with the aid of the glass rod. If necessary, add a little concentrated sulphuric acid (3.2 (i)) to the flask in order to remove any fibres adhering to the wall. Drain the filter crucible with suction; remove the filtrate by emptying or changing the filter-flask, wash the residue in the crucible successively with 50 % sulphuric acid solution (3.2 (ii)), distilled or de-ionizedwater (I.3.2.3 of the general instructions, ammonia solution (3.2 (iii)) and finally wash thoroughly with distilled or de-ionized water, draining the crucible with suction after each addition. (Do not apply suction during the washing operation, but only after the liquid has drained off by gravity.) Dry the crucible and residue, cool and weigh them.

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ is 1,00,except for melamine, for which ‘d’=1,01.

6.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD No 15

CHLOROFIBRES, CERTAIN MODACRYLICS, CERTAIN ELASTANES, ACETATES, TRIACETATES AND CERTAIN OTHER FIBRES

(Method using cyclohexanone)

1.  FIELD OF APPLICATION

Where modacrylics or elastanes are present a preliminary test must first be carried out to determine whether the fibre is completely soluble in the reagent.

It is also possible to analyse mixtures containing chlorofibres by using method No 9 or 14.

2.  PRINCIPLE

The acetate and triacetate fibres, chlorofibres, certain modacrylics, and certain elastanes are dissolved out from a known dry mass with Cyclohexanone at a temperature close to boiling point. The residue is collected, washed, dried and weighed; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of chlorofibre, modacrylic, elastane, acetate and triacetate is found by difference.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

(i)  Hot extraction apparatus suitable for use in the test procedure in section 4. (See figure: this is a variant of the apparatus described in Melliand Textilberichte 56 (1975) 643 ‐ 645).

(ii)  Filter crucible to contain the specimen.

(iii)  Porous baffle (porosity grade 1).

(iv)  Reflux condenser that can be adapted to the distillation flask.

(v)  Heating device.

3.2.  Reagents

(i)  Cyclohexanone, boiling point 156 ºC.

(ii)  Ethyl alcohol, 50 % by volume.

NB:

Cyclohexanone is flammable and toxic. Suitable precautions must be taken in its use.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions and then proceed as follows:

Pour into the distillation flask 100 ml of cyclohexanone per gram of material, insert the extraction container in which the filter crucible, containing the specimen and the porous baffle, slightly inclined, have previously been placed. Insert the reflux condenser. Bring to the boil and continue extraction for 60 minutes at a minimum rate of 12 cycles per hour.

After extraction and cooling remove the extraction container, take out the filter crucible and remove the porous baffle. Wash the contents of the filter crucible three or four times with 50 % ethyl alcohol heated to about 60 ºC and subsequently with 1 litre of water at 60 ºC.

Do not apply suction during or between the washing operations. Allow the liquid to drain under gravity and then apply suction.

Finally, dry the crucible with the residue, cool and weigh them.

5.  CALCULATION AND EXPRESSION OF RESULTS

6.  PRECISION

On homogeneous mixtures of textile fibres, the confidence limits of results obtained by this method are not greater than ± 1 for a confidence level of 95 %.

METHOD 16

MELAMINE AND CERTAIN OTHER FIBRES

(Method using hot formic acid)

1.  FIELD OF APPLICATION

2.  PRINCIPLE

The melamine is dissolved out from a known dry mass of the mixture with hot formic acid (90 % by mass).

The residue is collected, washed, dried and weighed; its mass, corrected if necessary, is expressed as a percentage of the dry mass of the mixture. The percentage of the second constituents is obtained by difference.

Note:

Keep strictly the recommended temperature range because the solubility of melamine is very much dependent on temperature.

3.  APPARATUS AND REAGENTS (other than those specified in the general instructions)

3.1.  Apparatus

(i)  Glass-stoppered conical flask of at least 200 ml capacity.

(ii)  Shaking water bath or other apparatus to shake and maintain the flask at 90 ± 2 ºC.

3.2.  Reagents

(i)  Formic acid (90 % m/m, relative density at 20 ºC: 1,204 g/ml). Dilute 890 ml of 98 to 100 % m/m formic acid (relative density at 20 ºC: 1,220 g/ml) to 1 liter with water.

Hot formic acid is very corrosive and must be handled with care.

(ii)  Ammonia, dilute solution: dilute 80 ml of concentrated ammonia solution (relative density at 20 °C: 0,880) to 1 litre with water.

4.  TEST PROCEDURE

Follow the procedure described in the general instructions, then proceed as follows:

To the specimen contained in the glass-stoppered conical flask of at least 200 ml capacity, add 100 ml of formic acid per gram of specimen. Insert the stopper and shake the flask to wet out the specimen. Maintain the flask in a shaking water bath at 90 ± 2 ºC for one hour, shaking it vigorously. Cool the flask to room temperature. Decant the liquid through the weighed filter crucible. Add 50 ml of formic acid to the flask containing the residue, shake manually and filter the contents of the flask through the filter crucible. Transfer any residual fibres to the crucible by washing out the flask with a little more formic acid reagent. Drain the crucible with suction and wash the residue with formic acid reagent, hot water, dilute ammonia solution, and finally cold water, draining the crucible with suction after each addition. Do not apply suction until each washing liquor has drained under gravity. Finally, drain the crucible with suction, dry the crucible and residue, and cool and weigh them.

5.  CALCULATION AND EXPRESSION OF RESULTS

Calculate the results as described in the general instructions. The value of ‘d’ for cotton and aramid is 1,02.

6.  PRECISION

On a homogeneous mixture of textile materials, the confidence limits of results obtained by this method are not greater than ± 2 for a confidence level of 95 %.

CHAPTER 3

Quantitative analysis of ternary fibre mixtures

INTRODUCTION

In general, the methods of quantitative chemical analysis are based on the selective solution of the individual components. There are four possible variants of this method:

1.  Using two different test specimens, a component (a) is dissolved from the first test specimen, and another component (b) from the second test specimen. The insoluble residues of each specimen are weighed and the percentage of each of the two soluble components is calculated from the respective losses in mass. The percentage of the third component (c) is calculated by difference.

2.  Using two different test specimens, a component (a) is dissolved from the first test specimen and two components (a and b) from the second test specimen. The insoluble residue of the first test specimen is weighed and the percentage of the component (a) is calculated from the loss in mass. The insoluble residue of the second test specimen is weighed; it corresponds to component (c). The percentage of the third component (b) is calculated by difference.

3.  Using two different test specimens, two components (a and b) are dissolved from the first test specimen and two components (b and c) from the second test specimen. The insoluble residues correspond to the two components (c) and (a) respectively. The percentage of the third component (b) is calculated by difference.

4.  Using only one test specimen, after removal of one of the components, the insoluble residue formed by the two other fibres is weighed and the percentage of the soluble component is calculated from the loss in mass. One of the two fibres of the residue is dissolved, the insoluble component is weighed and the percentage of the second soluble component is calculated from the loss in mass.

Where a choice is possible, it is advisable to use one of the first three variants.

Where chemical analysis is used, the expert responsible for the analysis must take care to select methods employing solvents which dissolve only the correct fibre(s), leaving the other fibre(s) intact.

By way of example, a table is given in Chapter 3.VI which contains a certain number of ternary mixtures, together with methods for analysing binary mixtures which can, in principle, be used for analysing these ternary mixtures.

In order to reduce the possibility of error to a minimum, it is recommended that, whenever possible, chemical analysis using at least two of the four abovementioned variants shall be made.

Before proceeding with any analysis, all the fibres present in the mixture must be identified. In some chemical methods, the insoluble component of a mixture may be partially dissolved in the reagent used to dissolve the soluble component(s). Wherever possible, reagents have been chosen that have little or no effect on the insoluble fibres. If a loss in mass is known to occur during the analysis, the result shall be corrected; correction factors are given for this purpose. These factors have been determined in several laboratories by treating, with the appropriate reagent as specified in the method of analysis, fibres cleaned by the pre-treatment. These correction factors apply only to undergraded fibres and different correction factors may be necessary if the fibres have been degraded before or during processing. If the fourth variant, in which a textile fibre is subjected to the successive action of two different solvents, must be used, correction factors must be applied for possible losses in mass undergone by the fibre in the two treatments. At least two determinations shall be made, both in the case of manual separation and in the case of chemical separation.

I.  General information on methods for the quantitative chemical analysis of ternary fibre mixtures

Information common to the methods given for the quantitative chemical analysis of ternary fibre mixtures.

I.1.  Scope and field of application

The field of application of each method for analysing binary fibre mixtures specifies to which fibres the method is applicable. (See Chapter 2 relating to certain methods for the quantitative analysis of binary fibre mixtures).

I.2.  Principle

After the identification of the components of a mixture, the non-fibrous material is removed by suitable pre-treatment and then one or more of the four variants of the process of selective solution described in the introduction is applied. Except where this presents technical difficulties, it is preferable to dissolve the major fibre component so as to obtain the minor fibre component as final residue.

I.3.  Materials and equipment

I.3.1.  Apparatus

I.3.1.1.  Filter crucibles and weighing bottles large enough to contain such crucibles, or any other apparatus giving identical results.

I.3.1.2.  Vacuum flask.

I.3.1.3.  Desiccator containing self-indicating silica gel.

I.3.1.4.  Ventilated oven for drying specimens at 105 ± 3 ºC.

I.3.1.5.  Analytical balance, accurate to 0,0002 g.

I.3.1.6.  Soxhlet extractor or other apparatus giving identical results.

I.3.2.  Reagents

I.3.2.1.  Light petroleum, redistilled, boiling range 40 to 60 ºC.

I.3.2.2.  Other reagents are specified in the appropriate sections of each method.

All reagents used shall be chemically pure.

I.3.2.3.  Distilled or deionized water.

I.3.2.4.  Acetone.

I.3.2.5.  Orthophosphoric acid.

I.3.2.6.  Urea.

I.3.2.7.  Sodium bicarbonate.

I.4.  Conditioning and testing atmosphere

Because dry masses are determined, it is unnecessary to condition the specimen or to conduct analyses in a conditioned atmosphere.

I.5.  Laboratory test sample

Take a laboratory test sample that is representative of the laboratory bulk sample and sufficient to provide all the specimens, each of at least 1 g, that are required.

I.6.  Pre-treatment of laboratory test sample(34)

Where a substance not to be taken into account in the percentage calculations (see Article 17 of this Regulation) is present, it shall first be removed by a suitable method that does not affect any of the fibre constituents.

For this purpose, non-fibrous matter which can be extracted with light petroleum and water is removed by treating the air-dry test sample in a Soxhlet extractor with light petroleum for one hour at a minimum rate of six cycles per hour. Allow the light petroleum to evaporate from the sample, which is then extracted by direct treatment consisting in soaking the specimen in water at room temperature for one hour and then soaking it in water at 65 ± 5 °C for a further hour, agitating the liquor from timeto time. Use a liquor:specimen ratio of 100:1. Remove the excess water from the sample by squeezing, suction or centrifuging and then allow the sample to become air-dry.

In the case of elastolefin or fibre mixtures containing elastolefin and other fibres (wool, animal hair, silk, cotton, flax, true hemp, jute, abaca, alfa, coir, broom, ramie, sisal, cupro, modal, protein, viscose, acrylic, polyamide or nylon, polyester, elastomultiester) the procedure just described shall be slightly modified, in fact light petroleum ether shall be replaced by acetone.

Where non-fibrous matter cannot be extracted with light petroleum and water, it shall be removed by substituting for the water method described above a suitable method that does not substantially alter any of the fibre constituents. However, for some unbleached, natural vegetable fibres (e.g. jute, coir) it is to be noted that normal pretreatment with light petroleum and water does not remove all the natural non-fibrous substances; nevertheless additional pre-treatment is not applied unless the sample does contain finishes insoluble in both light petroleum and water.

Analysis reports shall include full details of the methods of pre-treatment used.

I.7.  Test procedure

I.7.1.  General instructions

I.7.1.1.  Drying

Conduct all drying operations for not less than 4 hours and not more than 16 hours at 105 ± 3 ºC in a ventilated oven with the oven door closed throughout. If the drying period is less than 14 hours, the specimen must be checkweighed to determine whether its mass is constant. The mass may be considered as constant if, after a further drying period of 60 minutes, its variation is less than 0,05 %.

Avoid handling crucibles and weighing bottles, specimens or residues with bare hands during the drying, cooling and weighing operations.

Dry specimens in a weighing bottle with its cover beside it. After drying, stopper the weighing bottle before removing it from the oven, and transfer it quickly to the desiccator.

Dry the filter crucible in a weighing bottle with its cover beside it in the oven. After drying, close the weighing bottle and transfer it quickly to the desiccator.

Where apparatus other than a filter crucible is used, drying operations shall be conducted in the oven so as to determine the dry mass of the fibres without loss.

I.7.1.2.  Cooling

Conduct all cooling operations in the desiccator, placed beside the balance, until the cooling of the weighing bottles is complete, and in any case for not less than 2 hours.

I.7.1.3.  Weighing

After cooling, complete the weighing of the weighing bottle within 2 minutes of its removal from the desiccator; weigh to an accuracy of 0,0002 g.

I.7.2.  Procedure

Take from the pre-treated laboratory test sample a test specimen of at least 1 g (in mass). Cut yarn or cloth into lengths of about 10 mm, dissected as much as possible. Dry the specimen(s) in (a) weighing bottle(s) cool it (them) in the desiccator and weigh it (them). Transfer the specimen(s) to the glass vessel(s) specified in the appropriate section of the Union method, reweigh the weighing bottle(s) immediately and obtain the dry mass(es) of the specimen(s) by difference ; complete the test as specified in the appropriate section of the applicable method. Examine the residue(s) microscopically to check that the treatment has in fact completely removed the soluble fibre(s).

I.8.  Calculation and expression of results

Express the mass of each component as a percentage of the total mass of fibre in the mixture. Calculate the results on the basis of dean dry mass, adjusted by (a) the conventional agreed allowances and (b) the correction factors necessary to take account of loss of non-fibrous matter during pre-treatment and analysis.

I.8.1.  Calculation of percentages of mass of clean dry fibres disregarding loss of fibre mass during pre-treatment.

I.8.1.1.  - VARIANT 1 -

Formulae to be applied where a component of the mixture is removed from one specimen and another component from a second specimen:

P1% is the percentage of the first clean dry component (component in the first specimen dissolved in the first reagent);

P2% is the percentage of the second clean dry component (component in the second specimen dissolved in the second reagent);

P3% is the percentage of the third clean dry component (component undissolved in both specimens);

m1 is the dry mass of the first specimen after pre-treatment;

m2 is the dry mass of the second specimen after pre-treatment;

r1 is the dry mass of the residue after removal of the first component from the first specimen in the first reagent;

r2 is the dry mass of the residue after removal of the second component from the second specimen in the second reagent;

d1 is the correction factor for loss in mass in the first reagent, of the second component undissolved in the first specimen(35);

d2 is the correction factor for loss in mass in the first reagent, of the third component undissolved in the first specimen;

d3 is the correction factor for loss in mass in the second reagent, of the first component undissolved in the second specimen;

d4 is the correction factor for loss in mass in the second reagent, of the third component undissolved in the second specimen.

I.8.1.2.  - VARIANT 2 -

Formulae to be applied where a component (a) is removed from the first test specimen, leaving as residue the other two components (b + c), and two components (a + b) are removed from the second test specimen, leaving as residue the third component (c):

P1% is the percentage of the first clean dry component (component in the first specimen dissolved in the first reagent);

P2% is the percentage of the second clean dry component (component soluble, at the same time as the first component of the second specimen, in the second reagent);

P3% is the percentage of the third clean dry component (component undissolved in both specimens);

m1 is the dry mass of the first specimen after pre-treatment;

m2 is the dry mass of the second specimen after pre-treatment;

r1 is the dry mass of the residue after removal of the first component from the first specimen in the first reagent;

r2 is the dry mass of the residue after removal of the first and second components from the second specimen in the second reagent;

d1 is the correction factor for loss in mass in the first reagent, of the second component undissolved in the first specimen;

d2 is the correction factor for loss in mass in the first reagent, of the third component undissolved in the first specimen;

d4 is the correction factor for loss in mass in the second reagent, of the third component undissolved in the second specimen.

I.8.1.3.  - VARIANT 3 -

Formulae to be applied where two components (a + b) are removed from a specimen, leaving as residue the third component (c), then two components (b + c) are removed from another specimen, leaving as residue the first component (a):

P1% is the percentage of the first clean dry component (component dissolved by the reagent);

P2% is the percentage of the second clean dry component (component dissolved by the reagent);

P3% is the percentage of the third clean dry component (component dissolved in the second specimen by the reagent);

m1 is the dry mass of the first specimen after pre-treatment;

m2 is the dry mass of the second specimen after pre-treatment;

r1 is the dry mass of the residue after the removal of the first and second components from the first specimen with the first reagent;

r2 is the dry mass of the residue after the removal of the second and third components from the second specimen with the second reagent;

d2 is the correction factor for loss in mass in the first reagent of the third component undissolved in the first specimen;

d3 is the correction factor for loss in mass in the second reagent of the first component undissolved in the second specimen.

I.8.1.4.  - VARIANT 4 -

Formulae to be applied where two components are successively removed from the mixture using the same specimen:

P1% is the percentage of the first clean dry component (first soluble component);

P2% is the percentage of the second clean dry component (second soluble component);

P3% is the percentage of the third clean dry component (insoluble component);

m is the dry mass of the specimen after pre-treatment;

r1 is the dry mass of the residue after elimination of the first component by the first reagent;

r2 is the dry mass of the residue after elimination of the first and second component by the first and second reagent;

d1 is the correction factor for loss in mass of the second component in the first reagent;

d2 is the correction factor for loss in mass of the third component in the first reagent;

d3 is the correction factor for loss in mass of the third component in the first and second reagents.

1.8.2.  Calculation of the percentage of each component with adjustment by conventional agreed allowances and, where appropriate, correction factors for losses in mass during pre-treatment operations:

Given:

then:

P1A%is the percentage of the first clean dry component, including moisture content and loss in mass during pre-treatment;

P2A% is the percentage of the second clean dry component, including moisture content and loss in mass during pre-treatment;

P3A% is the percentage of the third clean dry component, including moisture content and loss in mass during pre-treatment;

P1 is the percentage of the first clean dry component obtained by one of the formula given in I.8.1;

P2 is the percentage of the second clean dry component obtained by one of the formula given in I.8.1;

P3 is the percentage of the third clean dry component obtained by one of the formula given in I.8.1;

a1 is the conventional agreed allowance of the first component;

a2 is the conventional agreed allowance of the second component;

a3 is the conventional agreed allowance of the third component;

b1 is the percentage of loss in mass of the first component during pre-treatment;

b2 is the percentage of loss in mass of the second component during pre-treatment;

b3 is the percentage of loss in mass of the third component during pre-treatment.

Where a special pre-treatment is used the values b1, b2 and b3 shall be determined, if possible, by submitting each of the pure fibre constituents to the pre-treatment applied in the analysis. Pure fibres are those free from all non-fibrous material except those which they normally contain (either naturally or because of the manufacturing process), in the state (unbleached, bleached) in which they are found in the material to be analysed.

Where no clean separate constituent fibres used in the manufacture of the material to be analysed are available, average values of b1, b2 and b3 as obtained from tests performed on clean fibres similar to those in the mixture under examination, must be used.

If normal pre-treatment by extraction with light petroleum and water is applied, correction factors b1, b2 and b3 may generally be ignored, except in the case of unbleached cotton, unbleached flax and unbleached hemp where the loss due to pre-treatment is usually accepted as 4 % and in the case of polypropylene as 1 %.

In the case of other fibres, losses due to pre-treatment are usually disregarded in calculations.

I.8.3.  Note

Calculation examples are given in Chapter 3.V.

II.  Method of quantitative analysis by manual separation of ternary fibre mixtures

II.1.  Scope

This method is applicable to textile fibres of all types provided they do not form an intimate mixture and that it is possible to separate them by hand.

II.2.  Principle

After identification of the textile components, the non-fibrous matter is removed by a suitable pre-treatment and then the fibres are separated by hand, dried and weighed in order to calculate the proportion of each fibre in the mixture.

II.3.  Apparatus

II.3.1.  Weighing bottles or other apparatus giving identical results.

II.3.2.  Desiccator containing self-indicating silica gel.

II.3.3.  Ventilated oven for drying specimens at 105 ± 3 ºC.

II.3.4.  Analytical balance accurate to 0,0002 g.

II.3.5.  Soxhlet extractor, or other apparatus giving identical results.

II.3.6.  Needle.

II.3.7.  Twist tester or similar apparatus.

II.4.  Reagents

II.4.1.  Light petroleum, redistilled, boiling range 40 to 60 ºC.

II.4.2.  Distilled or deionized water.

II.5.  Conditioning and testing atmosphere

See I.4.

II.6.  Laboratory test sample

See I.5.

II.7.  Pre-treatment of laboratory test samples

See I.6.

II.8.  Procedure

II.8.1.  Analysis of yarn

Take from the pre-treated laboratory test sample a specimen of mass not less than 1 g. For a very fine yarn, the analysis may be made on a minimum length of 30 m, whatever its mass.

Cut the yarn into pieces of a suitable length and separate the fibre types by means of a needle and, if necessary, a twist tester. The fibre types so obtained are placed in pre-weighed weighing bottles and dried at 105 ± 3 ºC to constant mass, as described in I.7.1 and I.7.2.

II.8.2.  Analysis of cloth

Take from the pre-treated laboratory test sample a specimen of mass not less than 1 g, not including a selvedge with edges carefully trimmed to avoid fraying and running parallel with weft or warp yarns, or in the case of knitted fabrics in the line of the wales and courses. Separate the different types of fibres and collect them in pre-weighed weighing bottles and proceed as described in II.8.1.

II.9.  Calculation and expression of results

Express the mass of each component fibre as a percentage of the total mass of the fibres in the mixture. Calculate the results on the basis of clean dry mass, adjusted by (a) the conventional agreed allowances and (b) the correction factors necessary to take account of losses in mass during pre-treatment operations.

II.9.1.  Calculation of percentage masses of clean dry fibre, disregarding loss in fibre mass during pre-treatment:

P1% is the percentage of the first clean dry component;

P2% is the percentage of the second clean dry component;

P3% is the percentage of the third clean dry component;

m1 is the clean dry mass of the first component;

m2 is the clean dry mass of the second component;

m3 is the clean dry mass of the third component.

II.9.2.  For calculation of the percentage of each component with adjustment by conventional agreed allowances and, where appropriate, by correction factors for losses in mass during pre-treatment: see I.8.2.

III.  Method of quantitative analysis of ternary fibre mixtures by a combination of manual separation and chemical separation

Wherever possible, manual separation shall be used, taking account of the proportions of components separated before proceeding to any chemical treatment of each of the separate components.

IV.1.  Precision of the methods

The precision indicated in each method of analysis of binary mixtures relates to the reproducibility (see Chapter 2 relating to certain methods for the quantitative analysis of binary textile fibre mixtures).

Reproducibility refers to the reliability, ie the closeness of agreement between experimental values obtained by operators in different laboratories or at different times using the same method and obtaining individual results on specimens of an identical homogeneous mixture.

Reproducibility is expressed by confidence limits of the results for a confidence level of 95 %.

By this is meant that the difference between two results in a series of analyses made in different laboratories would, given a normal and correct application of the method to an identical and homogeneous mixture, be exceeded only in 5 cases out of 100.

To determine the precision of the analysis of a ternary mixture the values indicated in the methods for the analysis of binary mixtures which have been used to analyse the ternary mixture are applied in the usual way.

Given that in the four variants of the quantitative chemical analysis of ternary mixtures, provision is made for two dissolutions (using two separate specimens for the first three variants and a single specimen for the fourth variant) and, assuming that E1 and E2 denote the precision of the two methods for analysing binary mixtures, the precision of the results for each component is shown in the following table:

If the fourth variant is used, the degree of precision may be found to be lower than that calculated by the method indicated above, owing to possible action of the first reagent on the residue consisting of components b and c, which would be difficult to evaluate.

IV.2.  Test report

IV.1.  Indicate the variant(s) used to carry out the analysis, the methods, reagents and correction factors.

IV.2.  Give details of any special pre-treatments (See I.6).

IV.3.  Give the individual results and the arithmetic mean, each to the 1st decimal place.

IV.4.  Wherever possible, state the precision of the method for each component, calculated according to the table in section IV.1.

V.  Examples of the calculation of percentages of the components of certain ternary mixtures using some of the variants described in point I.8.1.

Consider the case of a fibre mixture which gave the following components when qualitatively analysed for raw material composition: 1. carded wool; 2.nylon (polyamide); 3.unbleached cotton.

VARIANT No. 1

Using this variant, that is using two different specimens and removing one component (a = wool) by dissolution from the first specimen and a second component (b = polyamide) from the second specimen, the following results can be obtained:

1.  Dry mass of the first specimen after pre-treatment is(m1) = 1,6000g

2.  Dry mass of the residue after treatment with alkaline sodium hypochlorite (polyamide+cotton) (r1) = 1,4166 g

3.  Dry mass of the second specimen after pre-treatment (m2) = 1,8000 g

4.  Dry mass of the residue after treatment with formic acid (wool+cotton) (r2) = 0,9000 g

Treatment with alkaline sodium hypochlorite does not entail any loss in mass of polyamide, while unbleached cotton losses 3 %, therefore d1 = 1,0 and d2 = 1,03.

Treatment with formic acid does not entail any loss in mass for wool or unbleached cotton, therefore d3 and d4 = 1,0.

If the values obtained by chemical analysis and the correction factors are substituted in the formula under I.8.1.1, the following result is obtained:

P1% (wool) = [1,03/1,0 – 1,03×1,4166/1,6000 + 0,9000/1,8000 × (1 – 1,03 / 1,0)] ×100 = 10,30

P2% (polyamide) = [1,0 / 1,0 – 1,0×0,9000 / 1,8000 + 1,4166 / 1,6000 × (1– 1,0 /1,0)] ×100 = 50,00

P3% (cotton) = 100 – (10,30 + 50,00) = 39,70

The percentages of the various clean dry fibres in the mixture are as follows:

These percentages must be corrected according to the formulae under I.8.2, in order to take account of the conventional agreed allowances and the correction factors for any losses in mass after pre-treatment.

As indicated in Annex IX, the conventional agreed allowances are as follows: carded wool 17,0 %, polyamide 6,25 %, cotton 8,5 %, also unbleached cotton shows a loss in mass of 4 %, after pre-treatment with light petroleum and water.

Therefore:

P1A% (wool) = 10,30×[1+(17,0+0,0)/100] / [10,30×(1+ (17,0+0,0)/100) + 50,00× (1+ (6,25+0,0)/100) + 39,70×(1+(8,5+4,0 /100)] × 100 = 10,97

P2A% (polyamide) = 50,0 × (1+ (6,25+0,0)/100) /109,8385 ×100 = 48,37

P3A% (cotton) = 100 - (10,97 + 48,37) = 40,66

The raw material composition of the yarn is therefore as follows:

VARIANT No. 4:

Consider the case of a fibre mixture which when qualitatively analysed gave the following components: carded wool, viscose, unbleached cotton.

Suppose that using variant 4, that is successively removing two components from the mixture of one single specimen, the following results are obtained:

1.  Dry mass of the specimen after pre-treatment (m1) = 1,6000 g

2.  Dry mass of the residue after treatment with alkaline sodium hypochlorite (viscose+cotton)

(r1) = 1,4166 g

3.  Dry mass of the residue after the second treatment of the residue r1 with zinc chloride/formic acid (cotton)

(r2) = 0,6630 g

Treatment with alkaline sodium hypochlorite does not entail any loss in mass of viscose, while unbleached cotton losses 3 %, therefore d1 = 1,0 and d2 = 1,03.

As a result of treatment with formic acid-zinc chloride, the mass of cotton increases by 4 %, so that d3 = 1,03×0,96 = 0,9888, rounded to 0,99, (d3 being the correction factor for the respective loss or increase in mass of the third component in the first and second reagents).

If the values obtained by chemical analysis and the correction factors are substituted in the formulae given in I.8.1.4, the following result is obtained:

P2% (viscose) = 1,0×1,4166 / 1,6000 ×100 – 1,0 / 1,03 ×40,98=48,75 %

P3% (cotton) = 0,99×0,6630 / 1,6000 × 100= 41,02 %

P1% (wool) = 100 - (48,75 + 41,02) = 10,23 %

As has already been indicated for Variant 1, these percentages must be corrected by the formulae indicated in point I.8.2.

P1A% (wool) = 10,23 × [1 + (17,0+0,0 / 100)]/[10,23×(1+ (17,00+0,0)/100) +48,75×(1+(13+0,0 / 100) + 41,02×(1+(8,5+4,0)/ 100)] × 100 = 10,57 %

P2A%(viscose) = 48,75× [1+(13+0,0) / 100] / 113,2041 ×100 = 48,65 %

P3A% (cotton) = 100 - (10,57 + 48,65) = 40,78 %

The raw material composition of the mixture is therefore as follows:

VI.  Table of typical ternary mixtures which may be analysed using Union methods of analysis of binary mixtures (for illustration purposes)

ANNEX IX

AGREED ALLOWANCES USED TO CALCULATE THE MASS OF FIBRES CONTAINED IN A TEXTILE PRODUCT

(Article 17(2))

ANNEX X

CORRELATION TABLES

(1) Not yet published in the Official Journal. (2) Opinion of 16 December 2009 (Not yet published in the Official Journal). (3) Position of the European Parliament of 18 May 2010. (4) OJ L 83, 30.3.1973, p. 1. (5) OJ L 32, 3.2.1997, p. 1. (6) OJ L 19, 23.1.2009, p. 29. (7) OJ L 11, 15.1.2002, p. 4. (8) OJ L 218, 13.8.2008, p. 30. (9) Texts adopted, P7_TA(2009)0093. (10) * The date of entry into force of this Regulation. (11) OJ L 134, 30.4.2004, p. 114. (12) OJ L 145, 4.6.2008, p. 1. (13) * Nine months from the date of entry into force of this Regulation. (14) OJ L 149, 11.6.2005, p. 22. (15) * The date of entry into force of this Regulation. (16) * Three years from the date of entry into force of this Regulation. (17) ** Two years from the date of entry into force of this Regulation. (18) * Two years from the date of entry into force of this Regulation. (19) * Six months from the date of entry into force of this Regulation. (20) ** Two years and six months from the date of entry into force of this Regulation. (21) *** The date of entry into force of this Regulation. (22) For the products falling within this item and sold in cut lengths, the inclusive labelling shall be that of the reel. The cordage and ropes falling within this item include those used in mountaineering and water sports. (23) In some cases it is necessary to pre-treat the individual test specimen. (24) For made-up and finished articles see Section 7. (25) See point 1. (26) The laboratory carder may be replaced by a fibre blender, or the fibres may be mixed by the method of ‘tufts and rejects’ (27) If the packages can be mounted in a convenient creel a number can be wound simultaneously. (28) Method 12 is an exception. It is based on a determination of the content of a constituent substance of one of the two components. (29) See Chapter 1.1 (30) The solubility of such modacrylics or chlorofibres in the reagent shall be checked before carrying out the analysis. (31) Before carrying out the analysis, the solubility of the polyvinyl chloride fibres in the reagent shall be checked. (32) Wild silks, such as tussah silk, are not completely soluble in 75 % m/m sulphuric acid. (33) See for example the apparatus described in Melliand Textilberichte 56 (1975), pp. 643-645. (34) See Chapter 1.1 (35) The values of d are indicated in Chapter 2 of this Annex relating to the various methods of analysing binary mixtures

European Parliament legislative resolution of 18 May 2010 on the proposal for a decision of the European Parliament and of the Council providing macro-financial assistance to Ukraine (COM(2009)0580 – C7-0277/2009 – 2009/0162(COD))

P7_TA(2010)0169 A7-0058/2010

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2009)0580),

–  having regard to Article 308 of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0101/2009),

–  having regard to the Commission Communication to the European Parliament and the Council entitled ‘Consequences of the entry into force of the Treaty of Lisbon for ongoing interinstitutional decision-making procedures’ (COM(2009)0665) and the addendum thereto (COM(2010)0147),

–  having regard to Article 294(3) and Article 212 of the Treaty on the Functioning of the European Union,

–  having regard to the undertaking given by the Council representative by letter of 17 May 2010 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rule 55 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 (A7-0058/2010),

1.  Adopts its position at first reading hereinafter set out;

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

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

Position of the European Parliament adopted at first reading on 18 May 2010 with a view to the adoption of Decision No .../2010/EU of the European Parliament and of the Council providing macro-financial assistance to Ukraine

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 388/2010/EU.)