European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs (codified text) (COM(2010)0506 – C7-0285/2010 – 2010/0259(COD))

P7_TA(2011)0208 A7-0095/2011

(Ordinary legislative procedure – codification)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0506),

–  having regard to Article 294(2) and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0285/2010),

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

–  having regard to the opinion of the European Economic and Social Committee of 8 December 2010(1),

–  having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(2),

–  having regard to Rules 86 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0095/2011),

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

1.  Adopts its position at first 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 first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs (codification)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2011/91/EU.)

(1) OJ C 54, 19.2.2011, p. 34. (2) OJ C 102, 4.4.1996, p. 2.

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the approximation of the laws of the Member States relating to units of measurement (codified text) (COM(2010)0507 – C7-0287/2010 – 2010/0260(COD))

P7_TA(2011)0209 A7-0089/2011

(Ordinary Legislative Procedure - Codification)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0507),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0287/2010),

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

–  having regard to the opinion of the European Economic and Social Committee of 8 December 2010(1),

–  having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(2),

–  having regard to Rules 86 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0089/2011),

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

1.  Adopts its position at first 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 first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the approximation of the laws of the Member States relating to units of measurement (Codification)

(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,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(3),

Acting in accordance with the ordinary legislative procedure(4),

Whereas:

(1)  Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement(5) has been substantially amended several times(6). In the interests of clarity and rationality the said Directive should be codified.

(2)  Units of measurement are essential in the use of all measuring instruments, to express measurements or any indication of quantity. Units of measurement are used in most fields of human activity. It is necessary to ensure the greatest possible clarity in their use. It is therefore necessary to make rules for their use within the Union for economic, public health, public safety or administrative purposes.

(3)  Units of measurement are the subject of international resolutions adopted by the General Conference of Weights and Measures (CGPM) set up by the Metre Convention signed in Paris on 20 May 1875, to which all the Member States adhere. The ‘International System of Units’ (SI) was drawn up as a result of those resolutions.

(4)  There exist international conventions or agreements in the field of international transport which bind the Union or the Member States. Those conventions or agreements have to be respected.

(5)  Given the local character of certain exemptions still being applied in the United Kingdom and Ireland in respect of units of measurement and the limited number of products concerned, maintaining those exemptions would not result in a non-tariff barrier to trade and, as a consequence, there is no need to put an end to those exemptions.

(6)  Certain third countries do not accept onto their market products marked exclusively in the legal units of measurement established by this Directive. Companies exporting their products to those countries will be disadvantaged if supplementary indications are disallowed. Supplementary indications in non-legal units of measurement should therefore continue to be authorised.

(7)  Such supplementary indications could also allow the gradual and smooth introduction of new metric units which may be developed at the international level.

(8)  However, the systematic application of supplementary indications for all measuring instruments, including for medical instruments, is not necessarily desirable. The Member States should therefore be able to require that, on their territory, measuring instruments bear indications of quantity in a single legal unit of measurement.

(9)  This Directive does not affect the continued manufacture of products already on the market before the date of application of Directive 80/181/EEC. It does, however, affect the placing on the market and use of products and equipment bearing indications of quantity in units of measurement which are no longer legal units of measurement, when such products and equipment are necessary to supplement or replace components or parts of such products, equipment and instruments already on the market. It is therefore necessary for Member States to authorise the placing on the market and the use of such products and equipment to complete and replace components, even when they bear indications of quantity in units of measurement which are no longer legal units of measurement, so that products, equipment or instruments already on the market may continue to be used.

(10)  This Directive supports the smooth functioning of the internal market through the harmonisation of units of measurement which it prescribes. In this context, it is appropriate that the Commission monitor market developments relating to this Directive and its implementation, notably as concerns possible obstacles to the functioning of the internal market and any further harmonisation required to overcome those obstacles.

(11)  It is appropriate that the Commission continue to strongly pursue, in the context of its third-country trade relations, including the Transatlantic Economic Council, the acceptance in third-country markets of products labelled only in SI units.

(12)  This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Article 2

1.  The obligations arising under Article 1 relate to measuring instruments used, measurements made and indications of quantity expressed in units of measurement.

2.  This Directive shall not affect the use in the field of air and sea transport and rail traffic of units of measurement, other than those made compulsory by this Directive, which have been laid down in international conventions or agreements binding the Union or the Member States.

Article 3

1.  For the purposes of this Directive ‘supplementary indication’ means one or more indications of quantity expressed in units of measurement not contained in Chapter I of Annex I accompanying an indication of quantity expressed in a unit of measurement contained in that Chapter.

2.  The use of supplementary indications shall be authorised.

However, Member States may require that measuring instruments bear indications of quantity in a single legal unit of measurement.

3.  The indication expressed in a unit of measurement listed in Chapter I of Annex I shall predominate. In particular, the indications expressed in units of measurement not listed in Chapter I shall be expressed in characters no larger than those of the corresponding indication in units of measurement listed in Chapter I.

Article 4

However, the use of legal units of measurement may be required for the indicators of measuring instruments.

Article 5

Issues concerning the implementation of this Directive and, in particular, the matter of supplementary indications shall be further examined, and if necessary the appropriate measures shall be adopted in accordance with the procedure referred to in Article 17 of Directive 2009/34/EC of the European Parliament and of the Council of 23 April 2009 relating to common provisions for both measuring instruments and methods of metrological control(7).

Article 6

The Commission shall monitor market developments relating to this Directive and its implementation with regard to the smooth functioning of the internal market and international trade and shall submit a report on those developments, accompanied by proposals where appropriate, to the European Parliament and to the Council by 31 December 2019.

Article 7

Member States shall ensure that the Commission is informed, in sufficient time to enable it to submit its comments, of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive.

Article 8

Directive 80/181/EEC, as amended by the Directives listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex III.

Article 9

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

Article 10

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX I

CHAPTER I

LEGAL UNITS OF MEASUREMENT REFERRED TO IN ARTICLE 1(a)

1.  SI UNITS AND THEIR DECIMAL MULTIPLES AND SUBMULTIPLES

1.1.  SI base units

Definitions of SI base units:

Unit of length

A metre is the length of the path travelled in a vacuum by light during 1/299 792 458 seconds.

(Seventeenth CGPM (1983), Resolution 1).

Unit of mass

A kilogram is a unit of mass; it is equal to the mass of the international prototype of the kilogram.

(Third CGPM (1901), page 70 of the conference report).

Unit of time

A second is the duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium-133 atom.

(Thirteenth CGPM (1967), Resolution 1).

Unit of electric current

An ampere is a constant current which, if maintained in two straight parallel conductors of infinite length, of negligible circular cross-section, and placed one metre apart in a vacuum, would produce between those conductors a force equal to 2 × 10−7 newton per metre of length.

(International Committee of Weights and Meaures (CIPM) (1946), Resolution 2, approved by the ninth CGPM (1948)).

Unit of thermodynamic temperature

A kelvin, unit of thermodynamic temperature, is the fraction 1/273,16 of the thermodynamic temperature of the triple point of water.

This definition refers to water having the isotopic composition defined by the following amount-of-substance ratios: 0,00015576 mole of 2H per mole of 1H, 0,0003799 mole of 17O per mole of 16O and 0,0020052 mole of 18O per mole of 16O.

(Thirteenth CGPM (1967), Resolution 4 and Twenty-third CGPM (2007), Resolution 10).

Unit of amount of substance

A mole is the amount of substance of a system which contains as many elementary entities as there are atoms in 0,012 kilogram of carbon 12.

When the mole is used, the elementary entities must be specified and may be atoms, molecules, ions, electrons, other particles, or specified groups of such particles.

(Fourteenth CGPM (1971), Resolution 3).

Unit of luminous intensity

A candela is the luminous intensity, in a given direction, of a source that emits monochromatic radiation of frequency of 540 × 1012 hertz and that has a radiant intensity in that direction of (1/683) watt per steradian.

(Sixteenth CGPM (1979), Resolution 3).

1.1.1.  Special name and symbol of the SI derived unit of temperature for expressing Celsius temperature

Celsius temperature t is defined as the difference t = T - T0 between the two thermodynamic temperatures T and T0 where T0 = 273,15 K. An interval or difference of temperature may be expressed either in kelvins or in degrees Celsius. The unit ‘degree Celsius’ is equal to the unit ‘kelvin’.

1.2.  SI derived units

1.2.1.  General rule for SI derived units

Units derived coherently from SI base units are given as algebraic expressions in the form of products of powers of the SI base units with a numerical factor equal to 1.

1.2.2.  SI derived units with special names and symbols

Units derived from SI base units may be expressed in terms of the units listed in Chapter I.

In particular, derived SI units may be expressed by the special names and symbols given in the above table; for example, the SI unit of dynamic viscosity may be expressed as m−1 · kg · s−1 or N · s · m−2 or Pa · s.

1.3.  Prefixes and their symbols used to designate certain decimal multiples and submultiples

The names and symbols of the decimal multiples and submultiples of the unit of mass are formed by attaching prefixes to the word ‘gram’ and their symbols to the symbol ‘g’.

Where a derived unit is expressed as a fraction, its decimal multiples and submultiples may be designated by attaching a prefix to units in the numerator or the denominator, or in both these parts.

Compound prefixes, that is to say prefixes formed by the juxtaposition of several of the above prefixes, may not be used.

1.4.  Special authorised names and symbols of decimal multiples and submultiples of SI units

2.  UNITS WHICH ARE DEFINED ON THE BASIS OF SI UNITS BUT ARE NOT DECIMAL MULTIPLES OR SUBMULTIPLES THEREOF

3.  UNITS USED WITH THE SI, WHOSE VALUES IN SI ARE OBTAINED EXPERIMENTALLY

4.  UNITS AND NAMES OF UNITS PERMITTED IN SPECIALISED FIELDS ONLY

5.  COMPOUND UNITS

Combinations of the units listed in Chapter I form compound units.

CHAPTER II

LEGAL UNITS OF MEASUREMENT REFERRED TO IN ARTICLE 1(b), PERMITTED FOR SPECIFIC USES ONLY

The units listed in this Chapter may be combined with each other or with those in Chapter I to form compound units.

ANNEX II

Part A

Repealed Directive with list of its successive amendments

(referred to in Article 8)

Part B

List of time-limits for transposition into national law and application

(referred to in Article 8)

ANNEX III

CORRELATION TABLE

(1) OJ C 54, 19.2.2011, p. 31. (2) OJ C 102, 4.4.1996, p. 2. (3) OJ C 54, 19.2.2011, p. 31. (4) Position of the European Parliament of 11 May 2011. (5) OJ L 39, 15.2.1980, p. 40. (6) See Annex II, Part A. (7) OJ L 106, 28.4.2009, p. 7.

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the permissible sound level and the exhaust system of motor vehicles (codified text) (COM(2010)0508 – C7-0288/2010 – 2010/0261(COD))

P7_TA(2011)0210 A7-0093/2011

(Ordinary legislative procedure – codification)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0508),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0288/2010),

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

–  having regard to the opinion of the European Economic and Social Committee of 8 December 2010(1),

–  having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(2),

–  having regard to Rules 86 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0093/2011),

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

1.  Adopts its position at first 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 first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the permissible sound level and the exhaust system of motor vehicles (Codification)

(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,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(3),

Acting in accordance with the ordinary legislative procedure(4),

Whereas:

(1)  Council Directive 70/157/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles(5) has been substantially amended several times(6). In the interests of clarity and rationality the said Directive should be codified.

(2)  Directive 70/157/EEC is one of the separate Directives of the EC type-approval system provided for in Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)(7) ,and lays down technical prescriptions concerning the permissible sound level and the exhaust system of motor vehicles. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2007/46/EC to be applied in respect of each type of vehicle. Consequently, the provisions laid down in Directive 2007/46/EC relating to systems, components and separate technical units for vehicles apply to this Directive.

(3)  It is desirable to take into account the technical requirements adopted by the UN Economic Commission for Europe (UN/ECE) in its corresponding regulations annexed to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’)(8).

(4)  This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IV, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

For the purposes of this Directive, ‘vehicle’ means any motor vehicle intended for use on the road, with or without bodywork, having at least four wheels and a maximum design speed exceeding 25 kilometres per hour, with the exception of vehicles which run on rails and of agricultural and forestry tractors and all mobile machinery.

Article 2

1.  If vehicles or exhaust systems meet the requirements of this Directive, Member States may not, on grounds relating to the permissible sound level or the exhaust system:

2.  If the requirements of this Directive are not fulfilled, Member States shall, for a type of vehicle and for a type of exhaust system:

3.  Notwithstanding paragraph 2, for the purposes of replacement parts, Member States shall continue to grant EC type-approval and to permit the sale or entry into service of exhaust systems in accordance with versions of Directive 70/157/EEC preceding the version resulting from the amendments introduced by Commission Directive 1999/101/EC of 15 December 1999 adapting to technical progress Directive 70/157/EEC(9), provided that such exhaust systems:

Article 3

Article 4

1.  No Member State may, on grounds relating to the permissible sound level or the exhaust system, prohibit the placing on the market of any component of an exhaust system considered as a separate technical unit within the meaning of point 25 of Article 3 of Directive 2007/46/EC if, within the meaning of Article 3 of this Directive, it is of a type in respect of which a type-approval has been granted.

2.  Member States shall prohibit the initial entry into service of motor vehicles the sound level or the exhaust systems of which do not comply with the requirements set out in this Directive.

Article 5

The amendments necessary to adapt the requirements of Annexes I, II and III to take account of technical progress, with the exception of the requirements set out under points 2.1 and 2.2 of Annex I, shall be adopted in accordance with the procedure referred to in Article 40(2) of Directive 2007/46/EC.

Article 6

Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 7

Directive 70/157/EEC as amended by the acts listed in Annex IV, Part A is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex IV, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex V.

Article 8

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

Article 9

This Directive is addressed to the Member States.

Done at ...

For the European Parliament For the Council

The President The President

List of Annexes

(The text of the Annexes is not reproduced here for technical reasons. For that text, please refer to the Commission proposal COM(2010)0508.)

(1) OJ C 54, 19.2.2011, p. 32. (2) OJ C 102, 4.4.1996, p. 2. (3) OJ C 54, 19.2.2011, p. 32. (4) Position of the European Parliament of 11 May 2011. (5) OJ L 42, 23.2.1970, p. 16. (6) See Annex IV, Part A. (7) OJ L 263, 9.10.2007, p. 1. (8) Published as Annex I to Council Decision 97/836/EC (OJ L 346, 17.12.1997, p. 78). (9) OJ L 334, 28.12.1999, p. 41.

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (codified text) (COM(2010)0610 – C7-0340/2010 – 2010/0302(COD))

P7_TA(2011)0211 A7-0098/2011

(Ordinary legislative procedure – codification)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0610),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0340/2010),

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

–  having regard to the opinion of the European Economic and Social Committee of 19 January 2011(1),

–  having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(2),

–  having regard to Rules 86 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0098/2011),

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

1.  Adopts its position at first 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 first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors (Codification)

(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,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(3),

Acting in accordance with the ordinary legislative procedure(4),

Whereas:

(1)  Council Directive 87/402/EEC of 25 June 1987 on roll-over protection structures mounted in front of the driver's seat on narrow-track wheeled agricultural and forestry tractors(5) has been substantially amended several times(6). In the interests of clarity and rationality the said Directive should be codified.

(2)  Directive 87/402/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC(7), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors as regards the roll-over protection structures mounted in front of the driver's seat. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive.

(3)  This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VIII, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Article 2

1.  Each Member State shall grant EC component type-approval for any type of roll-over protection structure and its tractor attachment which satisfies the construction and testing requirements laid down in Annexes I and II.

2.  A Member State which has granted EC component type-approval shall take the measures required to verify, in so far as is necessary and if need be in cooperation with the competent authorities in the other Member States, that production models conform to the approved type. Such verification shall be limited to spot checks.

Article 3

Member States shall, for each type of roll-over protection structure and its tractor attachment which they approve pursuant to Article 2, issue to the manufacturer of the tractor or of the roll-over protection structure, or to his authorised representative, an EC component type-approval mark conforming to the example shown in Annex IV.

Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between roll-over protection structures which have been component type-approved pursuant to Article 2 and other devices.

Article 4

A Member State shall not prohibit the placing on the market of roll-over protection structures or their tractor attachments on grounds relating to their construction if they bear the EC component type-approval mark.

However, a Member State may prohibit the placing on the market of roll-over protection structures bearing the EC component type-approval mark which fail to conform to the approved type.

That Member State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.

Article 5

The competent authorities of each Member State shall within one month send to the competent authorities of the other Member States copies of the EC component type-approval certificate, the model of which is given in Annex V, completed for each type of roll-over protection structure which they approve or refuse to approve.

Article 6

1.  If the Member State which has granted EC component type-approval finds that a number of roll-over protection structures and their tractor attachments bearing the same EC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type.

The competent authorities of that Member State shall advise those of the other Member States of the measures taken which may, where there is a serious and repeated failure to conform, extend to the withdrawal of EC component type-approval.

Those authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.

2.  The competent authorities of the Member States shall within one month inform each other of any withdrawal of EC component type-approval and of the reasons for any such measure.

Article 7

Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EC component type-approval for roll-over protection structures and their tractor attachments, or to prohibit their placing on the market or their use, shall set out in detail the reasons on which it is based.

Such decision shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time-limits allowed for the exercise of such remedies.

Article 8

1.  With respect to tractors which comply with the requirements laid down in this Directive, Member States may not:

2.  Member States may refuse to grant national type-approval for a type of tractor if it does not comply with the requirements laid down in this Directive.

Article 9

1.  No Member State may refuse the registration or prohibit the sale or use of any tractor on grounds relating to the roll-over protection structure and its tractor attachment if these bear the EC component type-approval mark and if the requirements laid down in Annex VI have been met.

However, Member States may, in compliance with the Treaty, impose restrictions on the use of tractors referred to in Article 1 in certain areas where safety so dictates, owing to the specific nature of certain terrains or crops. Member States shall inform the Commission of any such restrictions before they are implemented and of the reasons for their adoption.

2.  This Directive shall not affect the right of Member States to specify, in due compliance with the Treaty, the requirements they deem necessary to ensure that workers are protected when using the tractors in question, provided this does not mean that the protection structures are modified in a way unspecified in this Directive.

Article 10

1.  In connection with EC type-approval, any tractor to which Article 1 refers shall be fitted with a roll-over protection structure.

2.  The structure referred to in paragraph 1, unless it is a rear-mounted protection structure, shall comply with the requirements laid down in Annexes I and II to this Directive or in Annexes I to IV to Directives 2009/57/EC(8) or 2009/75/EC(9) of the European Parliament and of the Council.

Article 11

The amendments necessary to adapt the requirements of Annexes I to VII to take account of technical progress shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.

Article 12

Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 13

Directive 87/402/EEC, as amended by the Acts listed in Annex VIII, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VIII, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IX.

Article 14

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

Article 15

This Directive is addressed to the Member States.

Done at …

For the European Parliament For the Council

The President The President

(The text of the Annexes is not reproduced here for technical reasons. For that text, please refer to the Commission proposal COM(2010)0610.)

(1) OJ C 84, 17.3.2011, p. 54. (2) OJ C 102, 4.4.1996, p. 2. (3) OJ C 84, 17.3.2011, p. 54. (4) Position of the European Parliament of 11 May 2011. (5) OJ L 220, 8.8.1987, p. 1. (6) See Annex VIII, Part A. (7) OJ L 171, 9.7.2003, p. 1. (8) OJ L 261, 3.10.2009, p. 1. (9) OJ L 261, 3.10.2009, p. 40.

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors (codified text) (COM(2010)0717 – C7-0404/2010 – 2010/0348(COD))

P7_TA(2011)0212 A7-0090/2011

(Ordinary legislative procedure – codification)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0717),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0404/2010),

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

–  having regard to the opinion of the European Economic and Social Committee of 17 January 2011(1),

–  having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(2),

–  having regard to Rules 86 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0090/2011),

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

1.  Adopts its position at first 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 first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors (Codification)

(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,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(3),

Acting in accordance with the ordinary legislative procedure(4),

Whereas:

(1)  Council Directive 86/415/EEC of 24 July 1986 on the installation, location, operation and identification of the controls of wheeled agricultural or forestry tractors(5) has been substantially amended several times(6). In the interests of clarity and rationality, the said Directive should be codified.

(2)  Directive 86/415/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC(7), and lays down technical prescriptions concerning the installation, location, operation and identification of controls. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive. 

(3)  This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VI, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1.  ‘Agricultural or forestry tractors’ means any motor vehicle fitted with wheels or endless tracks  and  having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load or passengers.

2.  This Directive shall apply only to the tractors defined in paragraph 1 which are fitted with pneumatic tyres and have a maximum design speed of between 6 and 40 km/h .

Article 2

Member States may not refuse to grant EC type-approval or national type-approval in respect of a tractor or refuse  its registration  or prohibit its sale, entry into service or use on grounds relating to the installation, location, operation and identification of controls if the latter satisfy the requirements set out in Annexes I to IV.

Article 3

This Directive shall not affect the right of Member States to specify, with due observance of the Treaty, the requirements they deem necessary to ensure that workers are protected when using the tractors in question, provided this does not mean that the tractors are modified in a way unspecified in this Directive.

Article 4

Any amendments necessary to adapt Annexes I to V to technical progress shall be adopted in accordance with the procedure  referred to  in Article 20(3) of Directive 2003/37/EC.

Article 5

Member States shall  communicate to the Commission  the text of the main provisions of national law which they adopt in the field covered by this Directive .

Article 6

Directive 86/415/EEC, as amended by the Directives listed in Annex VI, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VI, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VII.

Article 7

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

Article 8

This Directive is addressed to the Member States.

Done at …,

For the European Parliament For the Council

The President The President

(The text of the Annexes is not reproduced here for technical reasons. For that text, please refer to the Commission proposal COM(2010)0717.)

(1) OJ C 107, 6.4.2011, p. 74. (2) OJ C 102, 4.4.1996, p. 2. (3) OJ C 107, 6.4.2011, p. 74. (4) Position of the European Parliament of 11 May 2011. (5) OJ L 240, 26.8.1986, p. 1. (6) See Annex VI, Part A. (7) OJ L 171, 9.7.2003, p. 1.

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on braking devices of wheeled agricultural or forestry tractors (codified text) (COM(2010)0729 – C7-0421/2010 – 2010/0349(COD))

P7_TA(2011)0213 A7-0092/2011

(Ordinary legislative procedure – codification)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0729),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0421/2010),

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

–  having regard to the opinion of the European Economic and Social Committee of 16 February 2011(1),

–  having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(2),

–  having regard to Rules 86 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0092/2011),

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

1.  Adopts its position at first 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 first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on braking devices of wheeled agricultural or forestry tractors (Codification)

(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,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee(3),

Acting in accordance with the ordinary legislative procedure(4),

Whereas:

(1)  Council Directive 76/432/EEC of 6 April 1976 on the approximation of the laws of the Member States relating to the braking devices of wheeled agricultural or forestry tractors(5) has been substantially amended several times(6). In the interests of clarity and rationality, the said Directive should be codified.

(2)  Directive 76/432/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC(7), and lays down  technical  prescriptions concerning  braking devices.  Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive. 

(3)  This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VI, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1.  ‘Agricultural or forestry tractor’ means any motor vehicle fitted with wheels or 1 endless tracks  and having at least two axles, the main function of which lies in its tractive power and which is specially designed to tow, push, carry or power certain tools, machinery or trailers intended for agricultural or forestry use. It may be equipped to carry a load and passengers.

2.  This Directive shall apply only to tractors defined in paragraph 1 which are equipped with pneumatic tyres and have a maximum design speed of between 6 and 40 km/h.

Article 2

1.  With respect to tractors which comply with the requirements laid down in this Directive,  Member States may not, on grounds relating to braking devices:

2.  Member States may refuse to grant national type-approval for a type of tractor on grounds relating to braking devices, if the requirements  laid down in  this Directive are not complied with.

Article 3

Member States may not prohibit the use of tractors on grounds relating to their braking devices if those tractors are fitted with the devices specified in Annexes I to IV and if those devices satisfy the requirements set out therein.

Article 4

A Member State which has granted  EC  type-approval of a tractor shall take the necessary measures to ensure that it is informed of any modification to a component or characteristic mentioned in point 1.1 of Annex I. The competent authorities of that Member State shall decide whether fresh tests should be carried out on the modified type of tractor and a fresh report drawn up. If such tests reveal failure to comply with the requirements of this Directive, the modification shall not be approved.

Article 5

The amendments necessary for adapting the requirements of Annexes I to V to take account of technical progress shall be adopted in accordance with the procedure  referred to  in Article 20(3) of Directive 2003/37/EC.

Article 6

Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive. 

Article 7

Directive 76/432/EEC, as amended by the Directives listed in Annex VI, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VI, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VII.

Article 8

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

It shall apply from […].

Article 9

This Directive is addressed to the Member States.

Done at ...

For the European Parliament For the Council

The President The President

(The text of the Annexes is not reproduced here for technical reasons. For that text, please refer to the Commission proposal COM(2010)0729.)

(1) OJ C 107, 6.4.2011, p. 75. (2) OJ C 102, 4.4.1996, p. 2. (3) OJ C 107, 6.4.2011, p. 75. (4) Position of the European Parliament of 11 May 2011. (5) OJ L 122, 8.5.1976, p. 1. (6) See Annex VI, Part A. (7) OJ L 171, 9.7.2003, p. 1.

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors (codified text) (COM(2010)0746 – C7-0428/2010 – 2010/0358(COD))

P7_TA(2011)0214 A7-0096/2011

(Ordinary legislative procedure – codification)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0746),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0428/2010),

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

–  having regard to the opinion of the European Economic and Social Committee of 16 February 2011(1),

–  having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(2),

–  having regard to Rules 86 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0096/2011),

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

1.  Adopts its position at first 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 first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors (Codification)

(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,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee(3),

Acting in accordance with the ordinary legislative procedure(4),

Whereas:

(1)  Council Directive 80/720/EEC of 24 June 1980 on the approximation of the laws of the Member States relating to the operating space, access to the driving position and the doors and windows of wheeled agricultural or forestry tractors(5) has been substantially amended several times(6). In the interests of clarity and rationality the said Directive should be codified.

(2)  Directive 80/720/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC(7), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors, as regards the operating space, access to the driving position as well as the doors and windows. Those technical prescriptions concern the approximation of the laws of the Member States, to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently, the provisions laid down in Directive 2003/37/EC relating to agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive. 

(3)  This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex III, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1.  For the purposes of this Directive, ‘tractor’ means a tractor as defined in Article 2(j) of Directive 2003/37/EC.

For the purposes of this Directive, the tractor categories defined in Annex II to Directive 2003/37/EC shall apply.

2.  This Directive shall apply to tractor categories T1, T3 and T4 as defined in Annex II to Directive 2003/37/EC.

This Directive shall not apply to tractors of category T4.3 where the driver's seat index point, as determined in Annex II to Directive 2009/144/EC of the European Parliament and of the Council(8), is more than 100 mm from the median longitudinal plane of the tractor.

Article 2

1.  With respect to tractors which comply with the requirements of Annex I, Member States may not refuse to grant EC type-approval or national type-approval or refuse the registration or prohibit the sale, entry into service or use on grounds relating to:

2.  Member States may refuse to grant national type-approval in respect of a type of tractor, the operating space, access to the driving position, doors and windows of which do not comply with the provisions of this Directive.

Article 3

Any amendments necessary to adapt the requirements of Annex I to technical progress shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.

Article 4

Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.

Article 5

Directive 80/720/EEC, as amended by the Directives listed in Annex III, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex III, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IV.

Article 6

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

Article 7

This Directive is addressed to the Member States.

Done at ...

For the European Parliament For the Council

The President The President

(The text of the Annexes is not reproduced here for technical reasons. For that text, please refer to the Commission proposal COM(2010)0746.)

(1) OJ C 107, 6.4.2011, p. 76. (2) OJ C 102, 4.4.1996, p. 2. (3) OJ C 107, 6.4.2011, p. 76. (4) Position of the European Parliament of 11 May 2011. (5) OJ L 194, 28.7.1980, p. 1. (6) See Annex III, Part A. (7) OJ L 171, 9.7.2003, p. 1. (8) OJ L 27, 30.1.2010, p. 33.

European Parliament legislative resolution of 11 May 2011 on the proposal for a directive of the European Parliament and of the Council on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors (codified text) (COM(2010)0510 – C7-0290/2010 – 2010/0264(COD))

P7_TA(2011)0215 A7-0101/2011

(Ordinary legislative procedure – codification)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0510),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0290/2010),

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

–  having regard to the opinion of the European Economic and Social Committee of 8 December 2010(1),

–  having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(2),

–  having regard to Rules 86 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0101/2011),

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

1.  Adopts its position at first 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 first reading on 11 May 2011 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors(Codification)

(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,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(3),

Acting in accordance with the ordinary legislative procedure(4),

Whereas:

(1)  Council Directive 86/298/EEC of 26 May 1986 on rear-mounted roll-over protection structures of narrow-track wheeled agricultural and forestry tractors(5) has been substantially amended several times(6). In the interests of clarity and rationality the said Directive should be codified.

(2)  Directive 86/298/EEC is one of the separate Directives of the EC type-approval system provided for in Council Directive 74/150/EEC, as replaced by Directive 2003/37/EC of the European Parliament and of the Council of 26 May 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC(7), and lays down technical prescriptions concerning the design and construction of agricultural or forestry tractors as regards the rear-mounted roll-over protection structures. Those technical prescriptions concern the approximation of the laws of the Member States to enable the EC type-approval procedure provided for in Directive 2003/37/EC to be applied in respect of each type of tractor. Consequently the provisions laid down in Directive 2003/37/EC relating to agricultural and forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units, apply to this Directive.

(3)  This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VII, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Article 2

1.  Each Member State shall grant EC component type-approval for any type of roll-over protection structure and its tractor attachment which satisfies the construction and testing requirements laid down in Annexes I and II.

2.  A Member State which has granted EC component type-approval shall take the measures required to verify, in so far as is necessary and if need be in cooperation with the competent authorities in the other Member States, that production models conform to the approved type. Such verification shall be limited to spot checks.

Article 3

Member States shall, for each type of roll-over protection structure and its tractor attachment which they approve pursuant to Article 2, issue to the manufacturer of the tractor or of the roll-over protection structure, or to his authorised representative, an EC component type-approval mark conforming to the example shown in Annex III.

Member States shall take all appropriate measures to prevent the use of marks liable to create confusion between roll-over protection structures which have been component type-approved pursuant to Article 2 and other devices.

Article 4

A Member State shall not prohibit the placing on the market of roll-over protection structures or their attachment to the tractors for which they are intended on grounds relating to their construction if they bear the EC component type-approval mark.

However, a Member State may prohibit the placing on the market of roll-over protection structures bearing the EC component type-approval mark which consistently fail to conform to the approved type.

That Member State shall forthwith inform the other Member States and the Commission of the measures taken, specifying the reasons for its decision.

Article 5

The competent authorities of each Member State shall, within one month, send to the competent authorities of the other Member States a copy of the EC component type-approval certificates, the model of which is given in Annex IV, completed for each type of roll-over protection structure which they approve or refuse to approve.

Article 6

1.  If the Member State which has granted EC component type-approval finds that a number of roll-over protection structures and their tractor attachments bearing the same EC component type-approval mark do not conform to the type which it has approved, it shall take the necessary measures to ensure that production models conform to the approved type.

The competent authorities of that Member State shall advise those of the other Member States of the measures taken which may, if necessary, where there is a serious and repeated failure to conform, extend to the withdrawal of EC component type-approval.

Those authorities shall take the same measures if they are informed by the competent authorities of another Member State of such failure to conform.

2.  The competent authorities of the Member States shall within one month inform each other of any withdrawal of EC component type-approval and of the reasons for any such measure.

Article 7

Any decision taken pursuant to the provisions adopted in implementation of this Directive to refuse or withdraw EC component type-approval for roll-over protection structures and their tractor attachments, or to prohibit their placing on the market or their use, shall set out in detail the reasons on which it is based.

Such decisions shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time-limits allowed for the exercise of such remedies.

Article 8

1.  With respect to tractors which comply with the requirements laid down in this Directive, Member States may not:

2.  Member States may refuse to grant national type-approval for a type of tractor if it does not comply with the requirements laid down in this Directive.

Article 9

No Member State may refuse the registration or prohibit the sale or use of any tractor on grounds relating to the roll-over protection structure and its tractor attachment if these bear the EC component type-approval mark and if the requirements laid down in Annex V have been met.

Article 10

This Directive shall not affect the right of Member States to specify, in due compliance with the Treaty, the requirements they deem necessary to ensure that workers are protected when using the tractors in question, provided this does not mean that the protection structures are modified in a way unspecified in this Directive.

Article 11

1.  In connection with EC type-approval, any tractor to which Article 1 refers shall be fitted with a roll-over protection structure.

2.  Where the protection structure does not have two pillars mounted in front of the driver's seat, the structure referred to in paragraph 1 shall comply with the requirements laid down in Annexes I and II to this Directive or in Annexes I to IV to Directives 2009/57/EC(8) or 2009/75/EC(9) of the European Parliament and of the Council.

Article 12

The amendments necessary to adapt the requirements of Annexes I to VI to take account of technical progress shall be adopted in accordance with the procedure referred to in Article 20(3) of Directive 2003/37/EC.

Article 13

Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.

Article 14

Directive 86/298/EEC, as amended by the Acts listed in Annex VII, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VII, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VIII.

Article 15

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

Article 16

This Directive is addressed to the Member States.

Done at ...

For the European Parliament For the Council

The President The President

List of Annexes

(The text of the Annexes is not reproduced here for technical reasons. For that text, please refer to the Commission proposal COM(2010)0510.)

(1) OJ C 54, 19.2.2011, p. 33. (2) OJ C 102, 4.4.1996, p. 2. (3) OJ C 54, 19.2.2011, p. 33. (4) Position of the European Parliament of 11 May 2011. (5) OJ L 186, 8.7.1986, p. 26. (6) See Annex VII, Part A. (7) OJ L 171, 9.7.2003, p. 1. (8) OJ L 261, 3.10.2009, p. 1. (9) OJ L 261, 3.10.2009, p. 40.

European Parliament legislative resolution of 11 May 2011 on the amended proposal for a Council directive on the structure and rates of excise duty applied to manufactured tobacco (codified text) (COM(2010)0641 – C7-0403/2010 – 2007/0206(CNS))

P7_TA(2011)0216 A7-0100/2011

(Special legislative procedure – consultation – codification)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2007)0587) and the amended proposal (COM(2010)0641),

–  having regard to its position of 19 February 2008(1),

–  having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0403/2010),

–  having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts(2),

–  having regard to Rules 86 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0100/2011),

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

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

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

(1) OJ C 184 E, 6.8.2009, p. 119. (2) OJ C 102, 4.4.1996, p. 2.

European Parliament legislative resolution of 11 May 2011 on the proposal for a Council regulation on denominations and technical specifications of euro coins intended for circulation (codified text) (COM(2010)0691 – C7-0034/2011 – 2010/0338(NLE))

P7_TA(2011)0217 A7-0102/2011

(Consultation – codification)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2010)0691),

–  having regard to Article 128(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0034/2011),

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

–  having regard to Rules 86 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0102/2011),

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

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

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

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

European Parliament legislative resolution of 11 May 2011 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on textile fibre names and related labelling and marking of fibre composition of textile products and repealing Council Directive 73/44/EEC, Directive 96/73/EC of the European Parliament and of the Council and Directive 2008/121/EC of the European Parliament and of the Council (13807/4/2010 – C7-0017/2011 – 2009/0006(COD))

P7_TA(2011)0218 A7-0086/2011

CORRIGENDA COR02

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (13807/4/2010 – C7-0017/2011),

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

–  having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2009)0031),

–  having regard to the undertaking given by the Council representative by letter of 20 April 2011 to approve Parliament's position at second reading, in accordance with Article 294(8)(a) of the Treaty on the Functioning of the European Union,

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

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

–  having regard to the recommendation for second reading of the Committee on the Internal Market and Consumer Protection (A7-0086/2011),

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

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

3.  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 11 May 2011 with a view to the adoption of Regulation (EU) No .../2011 of the European Parliament and of the Council on textile fibre names and related labelling and marking of fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1007/2011.)

ANNEX

Joint Statement by the European Parliament and the Council

The European Parliament and the Council are mindful of the importance of providing accurate information to consumers, in particular when products are marked with an indication of origin, so as to protect them against fraudulent, inaccurate or misleading claims. The use of new technologies, such as electronic labelling, including Radio Frequency Identification, may be a useful tool to provide such information while keeping pace with technical development. The European Parliament and the Council invite the Commission, when drawing up the report pursuant to Article 24 of the Regulation, to consider their impact on possible new labelling requirements, including with a view to improving the traceability of textile products.

(1) OJ C 255, 22.9.2010, p. 37. (2) Texts adopted of 18.5.2010, P7_TA(2010)0168.

European Parliament amendments adopted on 11 May 2011 to the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (COM(2010)0054 – C7-0042/2010 – 2010/0036(COD))(1)

P7_TA(2011)0219 A7-0243/2010

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment Amendment 12 Proposal for a regulation – amending act Recital 7 a (new) (7a)  In order to adopt the provisions necessary for the application of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of detailed rules for implementing tariff quota for ‘baby beef’ products, amendments and technical adjustments necessary following amendments to the Combined Nomenclature code and to the TARIC subdivisions, and necessary adjustments following the conclusion of the other agreements between the Union and the countries and territories referred to in this Regulation.. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. Amendment 13 Proposal for a regulation – amending act Recital 7 b (new) (7b)  In order to ensure uniform conditions for the implementation of this Regulation with regard to the issuing of authenticity certificates attesting that the goods originate in the country or territory concerned and correspond to the definition in this Regulation, and for the temporary suspension, in whole or in part, of the arrangements provided for in this Regulation, implementing powers should be conferred on the Commission. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011/EU of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers1. The advisory procedure should be used for the adoption of implementing acts for the issuing of authenticity certificates attesting that the goods originate in the country or territory concerned and correspond to the definition in this Regulation given the effects of those measures; and for the adoption of implementing acts for taking measures to suspend in whole or in part the arrangements provided for in this Regulation for a period of three months. OJ L 55, 28.2.2011, p. 13. Amendment 14 Proposal for a regulation – amending act Article 1 – point 2 a (new) Regulation (EC) No 1215/2009 Article 2 – paragraph 2 – subparagraph 2 (2a)  In Article 2(2), the second subparagraph is replaced by the following: ‘In the event of non-compliance in [...] respect of paragraphs 1 or 2, the Commission may suspend the benefits of this Regulation for countries and territories, in whole or in part, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3).’ Amendment 15 Proposal for a regulation – amending act Article 1 – point 3 Regulation (EC) No 1215/2009 Article 3 – paragraph 2 – subparagraph 2 Any request for import within this quota shall be accompanied by an authenticity certificate issued by the competent authorities of the exporting territory and attesting that the goods originate in the territory concerned and correspond to the definition in Annex II to this Regulation. This certificate shall be drawn up by the Commission in accordance with the procedure referred to in Article 195(2) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation). Any request for import within this quota shall be accompanied by an authenticity certificate issued by the competent authorities of the exporting territory and attesting that the goods originate in the territory concerned and correspond to the definition in Annex II to this Regulation. This certificate shall be drawn up by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 8(2). Amendment 16 Proposal for a regulation – amending act Article 1 – point 4 a (new) Regulation (EC) No 1215/2009 Article 3 – paragraph 4 (4a)  In Article 3, paragraph 4 is replaced by the following: ‘4.  Notwithstanding other provisions of this Regulation, and in particular Article 10, given the particular sensitivity of the agricultural and fishery markets, where imports of agricultural and fishery products cause serious disturbance to Union markets and their regulatory mechanisms, the Commission may adopt appropriate measures by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 8(3).‘ Amendment 17 Proposal for a regulation – amending act Article 1 – point 5 Regulation Regulation (EC) No 1215/2009 Article 4 (5)  Article 4 is replaced by the following: deleted 'Article 4 Implementation of tariff quota for ‘baby beef’ 'The detailed rules for implementing the tariff quota for ‘baby beef’ products shall be determined by the Commission in accordance with the procedure referred to in Article 195(2) of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation).‘ Amendment 18 Proposal for a regulation – amending act Article 1 – point 5 a (new) Regulation Regulation (EC) No 1215/2009 Article 7 (5a)  Article 7 is replaced by the following: ‘Article 7 Conferral of powers The Commission shall be empowered to adopt delegated acts in accordance with Article 7a concerning: (a) amendments and technical adjustments necessary following amendments to the Combined Nomenclature codes and to the TARIC subdivisions; (b) necessary adjustments following the conclusion of the other agreements between the Union and the countries and territories referred to in Article 1; (c) detailed rules for implementing the tariff quota for ‘baby beef’ products. Where imperative grounds of urgency so require, the procedure provided for in Article 7b shall apply to delegated acts adopted pursuant to this Article.‘ Amendment 19 Proposal for a regulation – amending act Article 1 – point 5 b (new) Regulation Regulation (EC) No 1215/2009 Article 7 a (new) (5b)  The following article is inserted: 'Article 7a Exercise of the delegation 1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2.  The delegation of power referred to in Article 7 shall be conferred on the Commission until 31 December 2015. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of that period. 3.  The delegation of power referred to in Article 7 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of power specified in that decision. It shall take effect on the day following the publication of the decision in the £Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5.  A delegated act adopted pursuant to Article 7 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.‘ Amendment 20 Proposal for a regulation – amending act Article 1 – point 5 c (new) Regulation Regulation (EC) No 1215/2009 Article 7 b (new) (5c)  The following article is inserted: 'Article 7b 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 to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2.  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 7a. In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council.‘ Amendment 21 Proposal for a regulation – amending act Article 1 – point 5 d (new) Regulation Regulation (EC) No 1215/2009 Article 8 (5d)  Article 8 is replaced by the following: Article 8 Committee procedure 1.  The Commission shall be assisted by the Western Balkans Implementation Committee. That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011. 2.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 3.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Amendment 22 Proposal for a regulation – amending act Article 1 – point 5 e (new) Regulation Regulation (EC) No 1215/2009 Article 10 – paragraph 1 (5e)  Article 10(1) is amended as follows: (a) point (a) is replaced by the following: ‘(a) informed the Western Balkans Implementation Committee;’ (b) the following subparagraph is added: 'The measures referred to in the first subparagraph shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 8(2).‘

(1) The matter was then referred back to committee pursuant to Rule 57(2), second subparagraph (A7-0243/2010).

European Parliament legislative resolution of 11 May 2011 on the proposal for a decision of the European Parliament and of the Council establishing the first radio spectrum policy programme (COM(2010)0471 – C7-0270/2010 – 2010/0252(COD))

P7_TA(2011)0220 A7-0151/2011

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2010)0471),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0270/2010),

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

–  having regard to the opinion of the European Economic and Social Committee of 16 February 2011(1),

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

–  having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Culture and Education (A7-0151/2011),

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 11 May 2011 with a view to the adoption of Decision No .../2011/EU of the European Parliament and of the Council establishing the first radio spectrum policy programme

(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 (TFEU), and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

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

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

Whereas:

(1)  Article 8a(3) of the Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)(4) provides that the Commission may submit a legislative proposal to the European Parliament and Council for establishing multiannual radio spectrum policy programmes setting out policy orientations and objectives for the strategic planning and harmonisation of the use of spectrum in accordance with the directives applicable to electronic communications networks and services. These policy orientations and objectives should refer to the availability and efficient use of spectrum necessary for the establishment and functioning of the internal market. The radio spectrum policy programme supports the goals and key actions outlined in the Europe 2020 Strategy and the Digital Agenda, and is included among the 50 priority actions of the Single Market Act. This Decision is without prejudice to existing Union law, in particular Directives 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity(5), 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)(6), 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive)(7), 2002/21/EC and 2009/140/EC of the European Parliament and of the Council(8), amending Directives 2002/21/EC, 2002/19/EC and 2002/20/EC, as well as Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community (Radio Spectrum Decision)(9). It is also without prejudice to measures taken at national level, in compliance with Union law, to pursue general interest objectives, in particular relating to content regulation and audio-visual policy and to the right of Member States to organise and use their spectrum for public order and public security purposes and defence. [Am. 1]

(2)  Spectrum is a key public resource for essential sectors and services, including mobile, wireless broadband and satellite communications, television and radio broadcasting, transport, radiolocation, and applications such as alarm, remote controls, hearing aids, microphones, and medical equipment. It supports public services such as security and safety services, including civil protection, and scientific activities, such as meteorology, Earth observation, radio astronomy and space research. An efficient use of spectrum also plays a role in the universal access to electronic communications, in particular for citizens and businesses located in less populated or remote areas, such as rural areas or islands. Regulatory measures on spectrum therefore have economic, safety, health, public interest, cultural, scientific, social, environmental and technical implications. [Am. 2]

(3)  A renewed economic and social approach with regard to the management, allocation and usage of spectrum should be adopted, whereby particular focus is directed towards formulating regulation which ensures greater spectrum efficiency, better frequency planning and safeguards against anti-competitive behaviour and the taking of anti-social measures with regard to the usage of spectrum. [Am. 3]

(4)  The strategic planning and harmonisation of spectrum use at Union level should enhance the single market for wireless electronic communications services and equipment as well as other Union policies requiring spectrum use, thus creating new opportunities for innovation and employment creation, and simultaneously contributing to economic recovery and social integration across the Union, while at the same time respecting the important social, cultural and economic value of spectrum. The harmonisation of spectrum use is also essential to ensure the quality of the services provided by electronic communications and to create economies of scale lowering both the cost of deploying wireless networks and the cost of wireless devices for consumers. To this end, the Union therefore needs a policy programme that covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research and development, transport, culture and energy. Any delay of the necessary reform by current right holders should be avoided at all costs. [Am. 4]

(5)  This first programme should promote competition, introduce a pan-European level playing field and lay the foundation for a genuine single digital market. In order to secure the full potential and consumer benefits of this radio spectrum programme and of the single market, the programme should be supplemented by upcoming and new proposals that will enable the development of the online economy such as on data protection and on a European licence system for online content. [Am. 5]

(6)  This first programme should in particular support the Europe 2020 Strategy for smart, sustainable and inclusive growth given the huge potential of wireless services to promote an information-based economy, develop and assist sectors relying on information and communications technologies and overcome the digital divide. The explosion of, in particular, audiovisual media services and online content is driving demand for speed and coverage. It is also a key action in the Digital Agenda for Europe(10) which aims to deliver fast broadband internet in the future network-based knowledge economy, with an ambitious target for universal broadband coverage. Providing the highest possible broadband speeds and capacity, ensuring not less than 30 Mbps for all by 2020 with at least half of European households having broadband access at a speed of at least 100 Mbps, is important for fostering economic growth and global competitiveness, and necessary to achieve the sustainable economic and social benefits of a digital single market. It should also support and promote other Union sectoral policies such as a sustainable environment and economic and social inclusion for all Union citizens. Given the importance of wireless applications for innovation, this programme is also a key initiative in support of Union policies on innovation. [Am. 6]

(7)  The first programme must lay the foundations for a development whereby the Union can take the lead regarding broadband speeds, mobility, coverage and capacity. Such leadership is essential in order to establish a competitive digital single market working as a spearhead to free up the internal market for all Union citizens. [Am. 7]

(8)  The first programme should lay down the principles and objectives up to 2015 for Member States and Union institutions, and set out specific implementation initiatives. While spectrum management is still largely a national competence, it should be exercised in compliance with existing Union law and allow for action to pursue Union policies. [Am. 8]

(9)  The programme should also take into account Decision No 676/2002/EC and the technical expertise of the European Conference of Postal and Telecommunications Administrations (CEPT) so that Union policies which rely on spectrum and were agreed by Parliament and Council can be implemented by technical implementing measures, noting that such measures can be taken whenever necessary to implement already existing Union policies.

(10)  Ensuring the optimal and productive use of spectrum as a public good may require the Commission and Member States to put in place innovative authorisation solutions such as collective use of spectrum, general authorisations or infrastructure sharing, besides traditional solutions like auctions. The application of such principles in the Union might be facilitated by identifying best practices and encouraging information sharing, as well as by defining certain common or converging conditions for spectrum usage. General authorisations, which are the most appropriate and least onerous authorisation system, are of particular interest where interference does not risk hampering the development of other services,and most appropriate according to Article 5 of Directive 2002/20/EC. [Am. 9]

(11)  Spectrum rights trading combined with flexible usage conditions should substantially benefit economic growth. Therefore, bands in which flexible use has already been introduced by Union law should be immediately made tradable pursuant to the Directive 2002/21/EC. In addition, common principles for the format and content of such tradable rights as well as common measures to prevent accumulation of spectrum which may create dominant positions as well as undue failure to use acquired spectrum, would facilitate the coordinated introduction by all Member States of these measures and facilitate acquisition of such rights anywhere in the Union. In addition, with a view to achieving the objectives of the Digital Agenda for Europe, part of the proceeds from the auctioning of spectrum rights (‘digital dividend’) should be used to speed up the expansion of broadband coverage. [Am. 11]

(12)  As underlined in the Digital Agenda for Europe, wireless broadband is an important means to boost competition, a pan-European level playing field, consumer choice and access in rural and other areas where deployment of wired broadband is difficult or economically unviable. However, spectrum management may affect competition by changing the role and power of market players, for example if existing users benefit from undue competitive advantages. Limited spectrum access, in particular when appropriate spectrum becomes scarcer, can create a barrier to entry for new services or applications and hamper innovation and competition. Acquisition of new usage rights, including through spectrum trading or other transactions between users, and the introduction of new flexible criteria for spectrum use can have an impact on the existing competitive situation. Member States should therefore conduct a thorough analysis of competition effects prior to new spectrum allocations, as well as taking appropriate ex ante or ex post regulatory measures (such as action to amend existing rights, to prohibit certain acquisitions of spectrum rights, to impose conditions on spectrum hoarding and efficient use such as those referred to in Article 9(7) of the Directive 2002/21/EC, to limit the amount of spectrum for each operator, or to avoid excessive accumulation of spectrum) to avoid distortions of competition in line with the principles underpinning Article 5(6) of Directive 2002/20/EC and Article 1(2) of Council Directive 87/372/EEC of 25 June 1987 on the frequency bands to be reserved for the coordinated introduction of public pan-European cellular digital land-based mobile communications in the Community(11) (the ‘GSM Directive’). Member States may also take steps to achieve a more even allocation of spectrum between economic operators by reserving spectrum for new entrants to a frequency band or group of bands with similar characteristics. [Am. 12]

(13)  Optimal and efficient spectrum use requires continuous monitoring of developments, and up-to-date transparent information on spectrum use throughout the Union. While Commission Decision 2007/344/EC of 16 May 2007 on harmonised availability of information regarding spectrum use within the Community(12) requires Member States to publish information on usage rights, a detailed inventory of existing spectrum use and the efficiency of such use is necessary in the Union, following a common review and assessment methodology, in order to improve the efficiency of spectrum and radio equipment use, in particular between 300 MHz and 6 GHz, but also between 6 GHz and 70 GHz as these frequencies will become increasingly important following rapid technological developments. The inventory should be sufficiently detailed to identify inefficient technologies and usages in both the private and public sectors, as well as unused assignments and sharing opportunities, and to evaluate future consumer and business needs. In addition, taking into account the continuous growth of the number of applications using wireless data, Member States should promote the efficient use of spectrum for user applications. [Am. 13]

(14)  While technologically still in development, so-called ‘cognitive technologies’ should already be further explored and implemented through geolocalised information on spectrum usage, which should be mapped in the inventory. [Am. 89]

(15)  Harmonised standards under Directive 1999/5/EC are essential to achieve efficient spectrum use and should take account of legally defined sharing conditions. European standards for non-radio electric and electronic equipment and networks should also avoid disturbance to spectrum use. The cumulative impact of the increasing volume and density of wireless devices and applications combined with the diversity of spectrum use challenges current approaches to interference management. These should be examined and reassessed together with receiver characteristics and more sophisticated interference avoidance mechanisms, with the aim of avoiding harmful interference or disturbance to existing and future spectrum use. Moreover, Member States should be allowed, where appropriate, to introduce, in accordance with national law, compensatory measures relating to the direct cost of resolving interference issues and migration costs. [Am. 14]

(16)  In line with the objectives of the Commission's flagship initiative Digital Agenda for Europe, wireless broadband services contribute substantially to economic recovery and growth if sufficient spectrum is made available, usage rights are awarded quickly and trading is allowed to adapt to market evolution. The Digital Agenda calls for all Union citizens to have access to broadband of at least 30 Mbps by 2020. Therefore, spectrum that has already been harmonised should be authorised by 2012 for terrestrial communications to ensure easy access to wireless broadband for all, in particular within spectrum bands designated by Commission Decisions 2008/477/EC(13), 2008/411/EC(14) and 2009/766/EC(15). To complement terrestrial broadband services and ensure coverage of most remote Union areas, affordable satellite broadband access could be a fast and feasible solution. [Am. 15]

(17)  According to multiple converging studies, mobile data traffic is increasing rapidly and is currently being doubled every year. At this pace, which is likely to continue in the coming years, mobile data traffic will have increased nearly 40 fold between 2009 and 2014. In order to manage this exponential growth, a number of actions will be required by regulators and market players including increased spectrum efficiency across the board, possible further harmonised spectrum allocations for wireless broadband, and traffic offload onto other networks via multi-mode devices. [Am. 16]

(18)  More flexible arrangements governing spectrum use should be introduced in order to foster innovation and high-speed broadband connections which enable firms to reduce their costs and increase their competitiveness and make it possible to develop new interactive online services, for example in the fields of education, health and services of general interest. [Am. 17]

(19)  A European market with nearly 500 million people connected to high-speed broadband would act as a spearhead for the development of the internal market, creating a globally unique critical mass of users exposing all regions to new opportunities and giving each user increased value and the Union the capacity to be a world-leading knowledge-based economy. A rapid deployment of broadband is crucial for the development of productivity in the Union and for the emergence of new and small enterprises that can be leaders in different sectors, for example healthcare, manufacturing and the services industry. [Am. 18]

(20)  The International Telecommunications Union (ITU) has estimated the future spectrum bandwidth requirements for the development of International Mobile Telecommunications-2000 (IMT-2000) and IMT-advanced systems (i.e. 3G and 4G mobile communications) as amounting to between 1 280 and 1 720 MHz in 2020 for the commercial mobile industry for each ITU region including Europe. Without freeing up additional spectrum, preferably in a harmonised way at global level, new services and economic growth will be hindered by capacity constraints in mobile networks. [Am. 19]

(21)  In addition to a timely and pro-competitive freeing up of the 880-915 MHz and 925-960 MHz frequency bands (the ‘900 MHz band’) in accordance with Directive 2009/114/EC of the European Parliament and of the Council(16), the 790–862 MHz band (the ‘800 MHz band’) can be used in an optimal way for the coverage of large areas by wireless broadband services. Building on the harmonisation of technical conditions under Commission Decision 2010/267/EU of 6 May 2010 on harmonised technical conditions of use in the 790-862 MHz frequency band for terrestrial systems capable of providing electronic communications services in the European Union(17), and on Commission Recommendation 2009/848/EC of 28 October 2009 facilitating the release of the digital dividend in the European Union(18), calling for analogue broadcasting to be switched off by 1 January 2012, and given rapid national regulatory developments, this band should in principle be made available for electronic communications in the Union by 2013. Speedy implementation in respect of that band is needed to avoid technical disturbances, particularly in the border regions between Member States. Considering the capacity of the 800 MHz band to transmit over large areas, coverage obligations achieved through the principles of technical and service neutrality should be attached to rights. Additional spectrum for wireless broadband services in the 1 452-1 492 MHz band (the ‘1,5 GHz band’) and the 2 300-2 400 MHz band (the ‘2,3 GHz band’) should be freed up to meet the increasing demand for mobile traffic and should ensure a level playing field between different technological solutions and support the emergence of pan-European operators within the Union. Further mobile service spectrum allocations, such as the 694-790 MHz band (the ‘700 MHz band’), should be evaluated depending on future capacity requirements for wireless broadband services and terrestrial TV. [Am. 20]

(22)  Increased mobile broadband opportunities are crucial to provide the cultural sector with new distribution platforms, thereby paving the way for the successful future development of the sector. It is essential that terrestrial TV services and other actors be able to maintain existing services when an additional part of the spectrum is freed up for wireless services. Migration costs, resulting from the freeing up of additional spectrum, may be covered through licence fees, making it possible for broadcasters to have the same opportunities as are enjoyed today in other parts of the spectrum. [Am. 21]

(23)  Wireless access systems, including radio local access networks, are outgrowing their current allocations on an unlicensed basis at 2,4 GHz and 5 GHz. In order to accommodate the next generation of wireless technologies, wider channels are required, enabling speeds in excess of 1 Gbps. In addition, the feasibility of extending the allocations of unlicensed spectrum for wireless access systems, including radio local area networks, established by Commission Decision 2005/513/EC(19), should be assessed in relation to the inventory of existing uses of, and emerging needs for, spectrum, and depending on use of spectrum for other usages. [Ams. 22 and 25]

(24)  While broadcast will remain an important distribution platform for content, as it is still the most economical platform for mass-distribution, broadband, fixed and mobile, and other new services provide new opportunities for the cultural sector to diversify its range of distribution platforms, to deliver on-demand services and to tap into the economic potential of the major increase in data traffic. [Am. 23]

(25)  Similar to the ‘GSM’ standard, which was successfully taken up around the world thanks to an early and decisive pan-European harmonisation, the Union should aim to set the global agenda for future spectrum re-allocations especially for the most efficient part of the spectrum. Agreements in the World Radiocommunication Conference (WRC) 2016 will be pivotal to ensure global harmonisation and co-ordination with neighbouring third countries. [Am. 24]

(26)  Since a common approach and economies of scale are key to developing broadband communications throughout the Union and preventing competition distortion and market fragmentation among Member States, certain authorisation and procedural conditions should be defined in concerted action among Member States and with the Commission. Conditions should primarily ensure new entrants' access to lower bands through auctions or other competition procedures. Conditions could also include coverage obligations, spectrum block size, the timing of granting rights, access to mobile virtual network operators (MVNOs) and the duration of rights of use. Reflecting the importance of spectrum trading for increasing efficient use of spectrum, facilitating the emergence of new pan-European services and developing the internal market for wireless equipment and services, these conditions should apply to spectrum bands that are allocated to wireless communications, and for which rights of use may be transferred or leased. [Am. 26]

(27)  Additional spectrum may be needed by other sectors such as transport (for safety, information and management systems), research and development (R&D), culture, e-health, e-inclusion and public protection and disaster relief (PPDR), the latter in view of its increased use of video and data transmission for quick and more efficient service. Optimising synergies and direct links between spectrum policy and R&D activities and carrying out studies of radio compatibility between different spectrum users should help innovation. Relevant research organisations should help in developing the technical aspects of spectrum regulation, notably by providing testing facilities to verify interference models relevant to Union legislation. Moreover, results of research under the Seventh Framework Programme for research, technological development and demonstration activities(20) require the examination of the spectrum needs of projects that may have a large economic or investment potential, in particular for small and medium-sized enterprises (SMEs), e.g. cognitive radio or e-health. Adequate protection against harmful interference should also be ensured to sustain R&D and scientific activities. [Am. 27]

(28)  The Europe 2020 Strategy sets environmental objectives for a sustainable, resource efficient and competitive economy, for example by improving resource efficiency by 20 %. The information and communication technology (ICT) sector has a key role to play as stressed in the Digital Agenda for Europe. Proposed actions include acceleration of the Union-wide deployment of intelligent energy management systems (smart grids and smart metering) using communication capabilities to reduce energy consumption, and the development of Intelligent Transport Systems and intelligent traffic management to reduce carbon dioxide emissions by the transport sector. Efficient use of spectrum technologies could also help reduce energy consumption by radio equipment and limit the environmental impact in rural and remote areas.

(29)  Protection of public health against electromagnetic fields is essential for citizens' wellbeing and for a coherent approach to spectrum authorisation in the Union. Although protection of public health against electromagnetic fields is already covered under Council Recommendation 1999/519/EC of 12 July 1999 on the limitation of exposure of the general public to electromagnetic fields (0 Hz to 300 GHz)(21), it is essential to attain a better understanding of the responses of living organisms to electromagnetic fields and to ensure constant monitoring of the ionising and non-ionising effects of spectrum use on health, including the real-life cumulative effects of spectrum use in various frequencies by an increasing number of equipment types. While achieving appropriate public safety, Member States should ensure protective measures are technology and service neutral. [Am. 28]

(30)  Essential public interest objectives, such as safety of life, call for coordinated technical solutions for the interworking of safety and emergency services between Member States. Sufficient spectrum should be made available in a coordinated pan-European block of radio spectrum for the development and free circulation of safety services and devices and innovative pan-European or interoperable safety and emergency solutions. Studies have already shown the need for additional harmonised spectrum below 1 GHz to deliver mobile broadband services for PPDR, across the Union in the next 5 to 10 years. Any additional harmonised allocation of spectrum for PPDR below 1 GHz should also include a review of potential to free up or share other PPDR-held spectrum. [Am. 29]

(31)  Spectrum regulation has strong cross-border and international dimensions, due to propagation characteristics, the international nature of markets dependent on radio-based services, and the need to avoid harmful interference between countries. Moreover, the references to international agreements in Directives 2002/21/EC and 2002/20/EC as amended by Directive 2009/140/EC means that Member States are not to enter into international obligations that prevent or constrain the fulfilment of their Union obligations. Member States should, in accordance with the case-law, undertake all necessary efforts to enable appropriate representation of the Union in matters under its competence in international bodies in charge of spectrum coordination. Moreover, where Union policy or competence is at stake, the Union should politically drive the preparation of negotiations and ensure the Union speaks with one voice in multilateral negotiations to create global synergies and economies of scale in the use of spectrum, including in the International Telecommunications Union that corresponds to its level of responsibility for spectrum matters under Union law. [Am. 30]

(32)  In order to evolve from current practice and building on the principles defined in the Council Conclusions of 3 February 1992 on procedures to be followed at the World Administrative Radio Conference of 1992, and where the WRC and other multilateral negotiations touch upon principles and policy issues with an important Union dimension, the Union should be able to establish new procedures to defend its interests in multilateral negotiations, in addition to the long-term objective of becoming a member of the International Telecommunications Union alongside the Member States; to this end, the Commission, taking into account the opinion of the Radio Spectrum Policy Group (RSPG), may also propose common policy objectives to the European Parliament and the Council, as set out in Directive 2002/21/EC.

(33)  In order to avoid the growing pressure on frequency band reserved for satellite navigation and satellite communication, that bandwidth must be secured in the new planning of spectrum use. The 2012 WRC includes specific issues of Union relevance such as the digital dividend, scientific and meteorological services, sustainable development and climate change, satellite communications and the use of spectrum for Galileo (established by Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking(22) and Council Regulation (EC) No 1321/2004 of 12 July 2004 on the establishment of structures for the management of the European satellite radio-navigation programmes(23)), as well as the European Earth monitoring programme (‘GMES’)(24) for the improved use of Earth observation data. [Am. 31]

(34)  Member States should continue bilateral negotiations with neighbouring third countries, including candidate and potential candidate countries, to meet their Union obligations on frequency coordination issues and to try to find agreements which can set a positive precedent for other Member States. The Union should assist Member States with technical and political support in their bilateral and multilateral negotiations with third countries, in particular neighbouring countries ▌including candidate and potential candidate countries. This should also help avoid harmful interference and improve spectrum efficiency and spectrum use convergence even beyond Union borders. Action is particularly pressing in the 800 MHz and 3,4-3,8 GHz bands for the transition to cellular broadband technologies and for the harmonisation of spectrum necessary for the modernisation of air traffic control. [Am. 32]

(35)  In order to realise the objectives of this programme it is important to develop an appropriate institutional framework for the co-ordination of spectrum management and regulation at Union level, while taking full account of the competence and expertise of national administrations. Such a framework can also assist in putting spectrum co-ordination between Member States in the context of the internal market. Cooperation and coordination are also essential between standardisation bodies, research institutions and the CEPT.

(36)  The Commission should report annually to the European Parliament and the Council on the results achieved under this Decision, as well as on planned future actions. [Am. 33]

(37)  In drawing up its proposal the Commission has taken utmost account of the opinion of the RSPG.

(38)  This Decision is without prejudice to the protection afforded to market players by Directive 2009/140/EC, [Am. 34]

HAVE ADOPTED THIS DECISION:

Article 1

Aim and scope

1.  This Decision establishes a multi-annual radio spectrum policy programme for the strategic planning and harmonisation of the use of spectrum to ensure the functioning of the internal market.

2.  This Decision covers the internal market in all Union policy areas involving the use of spectrum such as electronic communications, research, development and innovation, transport, energy and audiovisual policy.

3.  This Decision is in accordance with existing Union law, in particular Directives 2002/19/EC, 2002/20/EC, 2002/21/EC and 1999/5/EC, as well as Decision No 676/2002/EC, and also with measures taken at national level in compliance with Union law and with specific international agreements, taking into account the ITU Radio Regulations;

4.  This Decision is without prejudice to measures taken at national level in full compliance with Union law, which pursue general interest objectives, in particular those relating to content regulation and audiovisual policy. [Am. 35]

Article 2

General regulatory principles

1.  Member States shall cooperate with each other and with the Commission in a transparent manner, in order to ensure the consistent application of the following general regulatory principles across the Union:

2.  For electronic communications, the following specific principles apply, in accordance with Articles 8a, 9 and 9b of Directive 2002/21/EC and with Decision No 676/2002/EC:

Article 3

Policy objectives

Article 4

Enhanced efficiency and flexibility

1.  Member States shall adopt by 1 January 2013 authorisation and allocation measures that are similar to each other and appropriate for the development of broadband services, in conformity with Directive 2002/20/EC, such as allowing relevant operators, where possible and on the basis of consultations in accordance with Article 12, direct or indirect access to contiguous blocks of spectrum of at least 10 MHz, thereby allowing the highest possible capacity and broadband speeds to be achieved, as well as making effective competition possible. [Am. 49]

2.  Member States shall foster, in cooperation with the Commission, the collective use of spectrum as well as shared and unlicensed use of spectrum. They shall also foster the development of current and new technologies such as geolocation databases and cognitive radio, for example, in ‘white spaces’ following proper impact assessments. Those impact assessments shall be undertaken within twelve months of the entry into force of this Decision. [Am. 90]

3.  Member States and the Commission shall cooperate to develop and harmonise standards for radio equipment and telecommunications terminals as well as for electric and electronic equipment and networks based where necessary upon standardisation mandates from the Commission to the relevant standardisation bodies. Special attention shall also be given to standards for equipment to be used by disabled people, without, however, depriving them of the right to use non-standardised equipment if that is their preference. Efficient coordination of spectrum harmonisation and standardisation will be particularly important in this regard so that consumers can use appliances that depend on radio spectrum without restriction and throughout the internal market. [Am. 51]

4.  Member States shall intensify R&D activities on new technologies such as cognitive technologies as their development could represent an added-value in the future in terms of efficiency of spectrum use. [Am. 52]

5.  Member States shall ensure that selection conditions and procedures promote competition and a pan-European level playing field, investment and efficient use of spectrum as a public good, as well as co-existence between new and existing services and devices. In addition, Member States shall promote the ongoing efficient use of spectrum for both networks and user applications. [Am. 53]

6.  In order to avoid possible fragmentation of the internal market due to divergent selection conditions and procedures for harmonised spectrum bands allocated to electronic communication services and made tradable in all Member States pursuant to Article 9b of Directive 2002/21/EC, the Commission, in cooperation with Member States and in accordance with the principle of subsidiarity, shall identify best practices and encourage sharing of information for such bands and develop guidelines on authorisation conditions and procedures for such bands, for example on infrastructure sharing and coverage conditions, to ensure a pan-European level playing field, achieved through the principles of technology and service neutrality. [Am. 54]

7.  ▌ In order to ensure the effective use of spectrum rights and avoid spectrum hoarding, Member States shall, where necessary, take appropriate measures including financial penalties, the use of incentive fees tools and the withdrawal of rights. [Am. 55]

8.  The measures that Member States are to adopt pursuant to paragraph 1 shall be taken in addition to the freeing up of the 900 MHz band in the near future, in line with the ‘GSM Directive’ and in such a manner as to promote competition. Such measures shall be taken in a non-discriminatory manner and may not distort competition to the advantage of operators already dominant in the market. [Am. 56]

Article 5

Competition

1.  Member States shall maintain and promote effective competition and avoid distortions of competition in both the internal market and specific national markets. [Am. 57]

2.  In order to fully implement the obligations of paragraph 1, and in particular to ensure that competition is not distorted by any assignment, accumulation, transfer or modification of rights of use for radio frequencies, Member States shall, prior to a planned spectrum assignment, carefully examine whether the assignment is likely to distort or reduce competition in the mobile markets concerned, taking into account existing spectrum rights held by relevant market operators. If the spectrum assignment is likely to distort or reduce competition, Member States shall adopt the most appropriate measures to promote effective competition, and at least one of the following measures, which are without prejudice to the application of competition rules: [Am. 58]

3.  Where Member States wish to adopt any such measures as are referred to in paragraph 2, they shall do so by imposing conditions in conformity with the procedures for the imposition or variation of such conditions on the rights to use spectrum laid down in Directive 2002/20/EC. [Am. 63]

4.  Member States shall ensure that authorisation and selection procedures avoid delays, are non-discriminatory and promote effective competition, by preventing any potential anti-competitive outcomes, for the benefit of Union citizens and consumers. [Am. 64]

Article 6

Spectrum for wireless broadband communications

1.  Without prejudice to the principles of service and technology neutrality, Member States, in cooperation with the Commission, shall take all steps necessary to ensure that sufficient harmonised spectrum for coverage and capacity purposes is allocated within the Union, enabling the Union to have the fastest broadband speed in the world, in order to ensure that wireless applications and European leadership in new services contribute effectively to economic growth, and to achieve the target for all citizens to have access to broadband speeds of not less than 30 Mbps by 2020. [Am. 65]

2.  Member States shall, by 1 January 2012, make the bands designated by Decisions 2008/477/EC (2,5–2,69 GHz), 2008/411/EC (3,4–3,8 GHz) and 2009/766/EC (900/1 800 MHz) available, in order to promote wider availability of wireless broadband services for the benefit of Union citizens and consumers, without prejudice to the existing and future deployment of other services that have equal access to this spectrum under the conditions specified in those Commission Decisions. [Am. 66]

3.  Member States shall promote the ongoing upgrade by providers of electronic communications of their networks to the latest, most efficient technology, in order to create their own dividends. [Am. 67]

4.  Member States shall, by 1 January 2013, make the 800 MHz band available for electronic communications services in line with the harmonised technical conditions laid down pursuant to the Decision No 676/2002/EC. In exceptional cases duly justified for technical and historical reasons, the Commission may authorise specific derogations until the end of 2015 in response to a duly motivated application from the Member State concerned. If cross-border frequency coordination problems with one or more third countries further prevent the availability of the band, the Commission may authorise exceptional annual derogations until such obstacles are removed. In accordance with Article 9 of Directive 2002/21/EC, the Commission, in cooperation with the Member States, shall keep under review the use of the spectrum below 1 GHz and assess whether additional spectrum could be freed up and made available ▌. [Am. 68]

5.  The Commission is invited to take action, in cooperation with Member States, at the appropriate levels to achieve further harmonisation and a more efficient use of the 1,5 GHz band and the 2,3 GHz band for wireless broadband services.

The Commission shall continuously monitor the capacity requirements for wireless broadband services and, in cooperation with Member States, asses, no later than 1 January 2015, the need for action to harmonise additional spectrum bands, such as the 700 MHz band. This assessment shall take into account the evolution of spectrum technologies, market experiences with new services, the possible future needs of terrestrial radio and television broadcasting and the lack of spectrum in other bands adequate for wireless broadband coverage.

Member States may ensure that, where appropriate, the direct cost of migration or reallocation of spectrum usage is adequately compensated in accordance with national law. [Am. 69]

6.  The Commission, in cooperation with Member States, shall ensure that the provision of access to broadband ▌services using the 800 MHz band is encouraged in sparsely populated areas, for examplethrough coverage obligations achieved in accordance with the principles of technology and service neutrality.

Member States, in cooperation with the Commission, shall examine ways and, where appropriate, take technical and regulatory measures to ensure that the freeing up of the 800 MHz band does not adversely affect programme making and special events (PMSE) users. [Am. 70]

7.  The Commission shall, in cooperation with Member States, assess the feasibility of extending the allocations of unlicensed spectrum for wireless access systems including radio local area networks established by Decision 2005/513/EC to the entire 5 GHz band.

The Commission is invited to pursue the adopted harmonisation agenda at the relevant international fora, notably the ITU World Radiocommunication Conferences. [Am. 71]

8.  The Commission is invited to adopt, as a priority, appropriate measures, pursuant to Article 9b(3) of the Directive 2002/21/EC, to ensure that Member States allow trading within the Union of spectrum usage rights in the harmonised bands 790–862 MHz, 880–915 MHz, 925–960 MHz, 1 710–1 785 MHz, 1 805–1 880 MHz, 1 900–1 980 MHz, 2 010–2 025 MHz, 2 110–2 170 MHz, 2,5–2,69 GHz, and 3,4–3,8 GHz and in other additional parts of the spectrum freed up for mobile services, without prejudice to the existing and future deployment of other services that have equal access to this spectrum under the conditions specified in the Commission decisions adopted pursuant to Decision No 676/2002/EC. [Am. 72]

9.  In order to ensure that all citizens have access to advanced digital services including broadband, in particular in remote and sparsely populated areas, Member States and the Commission may explore whether sufficient spectrum is available ▌for the provision of broadband satellite services ▌enabling internet access ▌. [Am. 73]

10.  Member States shall, in cooperation with the Commission, examine the possibility of spreading the availability and use of picocells and femtocells. They shall take full account of the potential of those cellular base stations and of shared and unlicensed use of spectrum to provide the basis for wireless mesh networks, which can play a key role in bridging the digital divide. [Am. 92]

Article 7

Spectrum needs for other wireless communication policies

In order to support the further development of innovative audiovisual media and other services to Union citizens, taking into account the economic and social benefits of a digital single market, Member States shall, in cooperation with the Commission, ensure sufficient spectrum availability for satellite and terrestrial provision of such services. [Am. 75]

Article 8

Spectrum needs for other specific Union policies [Am. 76]

1.  Member States and the Commission shall ensure spectrum availability and protect the radio frequencies necessary for monitoring the Earth's atmosphere and surface, allowing the development and exploitation of space applications and improving transport systems, in particular for the global civil navigation satellite system Galileo, for the Global Monitoring for Environment and Security programme GMES, and for intelligent transport safety and transport management systems.

2.  In cooperation with the Member States, the Commission shall conduct studies and examine the possibility to design authorisation schemes which would contribute to a low-carbon policy, by saving energy in the use of spectrum as well as by making spectrum available for wireless technologies with a potential for improving energy savings and efficiency of other distribution networks such as water supply, including smart energy grids and smart metering systems. [Am. 77]

3.  The Commission shall ensure that sufficient spectrum is made available under harmonised conditions and in harmonised bands for public protection and disaster relief (PPDR) and to take actions to support the development of safety services and the free circulation of related devices as well as the development of innovative interoperable solutions for PPDR. To ensure the efficient use of spectrum, the Commission shall examine the possibility of PPDR using military frequencies. [Am. 78]

4.  Member States and the Commission shall review the spectrum needs of, and collaborate with, the scientific and academic community, identify a number of research and development initiatives and innovative applications that may have a major socio-economic impact and/or potential for investment, and prepare for the allocation of sufficient spectrum to such applications under harmonised technical conditions and the least onerous administrative burden. [Am. 79]

5.  Member States shall, in cooperation with the Commission, seek to find a minimum set of harmonised core bands for PMSE in the Union, according to the Union's objectives to improve the integration of the internal market and access to culture. These harmonised bands shall be of the frequency 1 GHz or higher. [Am. 80]

6.  Member States and the Commission shall ensure spectrum availability for RFID (radio-frequency identification) and other IOT (Internet of Things) wireless communication technologies and shall work towards standardisation of spectrum allocation for IOT communication across Member States. [Am. 81]

Article 9

Inventory and monitoring of existing uses of and emerging needs for spectrum

1.  The Commission shall create an inventory of the entire existing radio spectrum use, for which purpose Member States shall provide all necessary factual data.

The information provided by the Member States shall be sufficiently detailed to allow for the inventory to assess the efficiency of the spectrum use as well as identify possible future opportunities for spectrum harmonisation in order to support Union policies.

As an initial step, the inventory shall include frequencies in the range from 300 MHz to 6 GHz, to be followed by frequencies from 6 GHz up to 70 GHz.

If necessary, the Member States shall supply information on a licence-specific basis both including commercial and public sector users without prejudice to the withholding of business-sensitive and confidential information. [Am. 82]

2.  The inventory referred to in paragraph 1 shall, on the basis of clearly defined and transparent criteria and methods, allow the assessment of the technical efficiency of existing spectrum uses and the identification of inefficient technologies and applications, unused or inefficiently used spectrum and spectrum sharing opportunities, based on transparent, clear and jointly defined assessment criteria and methodologies. It shall also ensure that, where spectrum use is not optimal, the necessary measures are taken in order to maximise efficiency. It shall take account of future needs, including long-term needs, for spectrum based on the demands of consumers, communities, businesses and operators, and of the possibility to meet such needs. [Am. 83]

3.  The inventory referred to in paragraph 1 shall review the various types of spectrum usage by both private and public users, and help identify spectrum bands that could be assigned or re-allocated in order to increase their efficient use, promote innovation and enhance competition in the internal market, to the benefit of both private and public users, while taking into account the potential positive and negative impact on existing users of such bands.

4.  The inventory shall also include a report of the measures taken by the Member States in order to implement decisions at Union level regarding the harmonisation and use of the specific frequency bands. [Am. 84]

Article 10

International negotiations

1.  The Union shall participate in international negotiations relating to spectrum matters to defend its interests and to ensure the Union has a single position, acting in accordance with Union law concerning, among other things, the principles of internal and external competences of the Union. [Am. 85]

2.  Member States shall ensure that international agreements to which they are a party in the context of the ITU are in conformity with existing Union legislation, and in particular with the relevant rules and principles of the Union regulatory framework on electronic communications.

3.  Member States shall ensure that international regulations allow the full use of frequency bands for the purposes for which they are designated under Union law, and that a sufficient amount of appropriately protected spectrum is available for the implementation of Union sectoral policies. [Am. 86]

4.  In order to resolve spectrum coordination issues that would otherwise prevent Member States from implementing their obligations under Union law regarding spectrum policy and management, the Union shall assist Member States with political and technical support ▌in their bilateral and multilateral negotiations with third countries, in particular neighbouring third countries including candidate and potential candidate countries ▌. The Union shall also support efforts by third countries to implement spectrum management that is compatible with that of the Union, so as to safeguard Union spectrum policy objectives. [Am. 87]

5.  When negotiating with third countries, Member States shall be bound by their obligations under Union law. When signing or otherwise accepting any international obligations regarding spectrum, Member States shall accompany their signature or any other act of acceptance by a joint declaration stating that they shall implement such international agreements or commitments in accordance with their obligations under the treaties.

Article 11

Cooperation among various bodies

1.  The Commission and the Member States shall cooperate to enhance the current institutional setting, in order to foster co-ordination at Union level of the management of spectrum, including in matters directly affecting two or more Member States, with a view to developing the internal market and ensuring that Union spectrum policy objectives are fully achieved. They shall seek to promote Union spectrum interests outside the Union in accordance with Article 10.

2.  The Commission and Member States shall ensure that standardisation bodies, CEPT and the Commission's Joint Research Centre closely cooperate in any technical issue whenever necessary to ensure the efficient use of spectrum. To this end, they shall maintain a coherent link between spectrum management and standardisation in such a way as to enhance the internal market.

Article 12

Public consultation

Wherever appropriate, the Commission shall organise public consultations to collect the views of all interested parties as well as the views of the public in general on the use of spectrum in the Union.

Article 13

Reporting

By 31 December 2015, the Commission shall conduct a review of the application of this radio spectrum policy programme. The Commission shall report annually to the European Parliament and the Council on the activities developed and the measures adopted pursuant to this Decision. [Am. 88]

Article 14

Notification

Member States shall apply these policy orientations and objectives by 1 July 2015 unless otherwise specified in the preceding articles.

They shall provide the Commission with all information necessary for the purpose reviewing the application of this Decision.

Article 15

Entry into force

This Decision shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

Done at

For the European Parliament For the Council

The President The President

(1) OJ C 107, 6.4.2011, p. 53. (2) OJ C 107, 6.4.2011, p. 53. (3) Position of the European Parliament of 11 May 2011. (4) OJ L 108, 24.4.2002, p. 33. (5) OJ L 91, 7.4.1999, p. 10. (6) OJ L 108, 24.4.2002, p. 7. (7) OJ L 108, 24.4.2002, p. 21. (8) OJ L 337, 18.12.2009, p. 37. (9) OJ L 108, 24.4.2002, p. 1. (10) COM(2010)0245. (11) OJ L 196, 17.7.1987, p. 85. (12) OJ L 129, 17.5.2007, p. 67. (13) Commission Decision 2008/477/EC of 13 June 2008 on the harmonisation of the 2 500-2 690 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (OJ L 163, 24.6.2008, p. 37). (14) Commission Decision 2008/411/EC of 21 May 2008 on the harmonisation of the 3 400-3 800 MHz frequency band for terrestrial systems capable of providing electronic communications services in the Community (OJ L 144, 4.6.2008, p. 77). (15) Commission Decision 2009/766/EC of 16 October 2009 on the harmonisation of the 900 MHz and 1 800 MHz frequency bands for terrestrial systems capable of providing pan-European electronic communications services in the Community (OJ L 274, 20.10.2009, p. 32). (16) OJ L 274, 20.10.2009, p. 25. (17) OJ L 117, 11.5.2010, p. 95. (18) OJ L 308, 24.11.2009, p. 24. (19) Commission Decision 2005/513/EC of 11 July 2005 on the harmonised use of radio spectrum in the 5 GHz frequency band for the implementation of wireless access systems including radio local area networks (WAS/RLANs) (OJ L 187, 19.7.2005, p. 22). (20) Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1). (21) OJ L 199, 30.7.1999, p. 59. (22) OJ L 138, 28.5.2002, p. 1. (23) OJ L 246, 20.7.2004, p. 1. (24) OJ L 276, 20.10.2010, p. 1.

European Parliament decision of 11 May 2011 on the amendment of Parliament's Rules of Procedure following the establishment by the European Parliament and the Commission of a joint transparency register (2010/2292(REG))

P7_TA(2011)0221 A7-0173/2011

The European Parliament,

–  having regard to the decision of the Conference of Presidents of 18 November 2010,

–  having regard to its decision of 11 May 2011(1) approving the conclusion of the agreement between the European Parliament and the European Commission on the establishment of a transparency register,

–  having regard to Rules 211, 212 and 127(2) of its Rules of Procedure,

–  having regard to the report of the Committee on Constitutional Affairs (A7-0173/2011),

1.  Decides to amend its Rules of Procedure as shown below;

2.  Decides that the text of the agreement referred to above will be incorporated into its Rules of Procedure as Annex X, Part B;

3.  Decides that these amendments will enter into force on the date of entry into force of the agreement;

4.  Instructs its President to forward this decision to the Council and the Commission, for information.

Present text   Amendment Amendment 1 Parliament's Rules of Procedure Rule 9 – title Members' financial interests, standards of conduct and access to Parliament Members' financial interests, standards of conduct, mandatory transparency register and access to Parliament Amendment 2 Parliament's Rules of Procedure Rule 9 – paragraph 3 a (new) 3a.  At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member (accredited assistants). Amendment 3 Parliament's Rules of Procedure Rule 9 – paragraph 4 4.  The Quaestors shall be responsible for issuing nominative passes valid for a maximum of one year to persons who wish to enter Parliament's premises frequently in order to supply information to Members within the framework of their parliamentary mandate in their own interests or those of third parties. 4.   Long-term access badges shall be issued to persons from outside the Union institutions under the responsibility of the Quaestors. Such badges shall be valid for a maximum period of one year, which may be renewed. The rules governing the use of such badges shall be laid down by the Bureau. In return, these persons shall be required to: – respect the code of conduct published as an annex to the Rules of Procedure; – sign a register kept by the Quaestors. This register shall be made available to the public on request in all of Parliament's places of work and, in the form laid down by the Quaestors, in its information offices in the Member States. The provisions governing the application of this paragraph shall be laid down in an annex to these Rules of Procedure. Such badges may be issued to: – persons whose names appear in the transparency register1or who represent or work for organisations whose names appear therein, although registration shall not confer an automatic right to such a badge; – persons who wish to enter Parliament's premises frequently, but who do not fall within the scope of the agreement on the establishment of a transparency register2; –  Members' local assistants and persons assisting Members of the European Economic and Social Committee and the Committee of the Regions. 1 Register established by means of the agreement between the European Parliament and the European Commission on the establishment of a Transparency Register for organisations and self-employed persons engaged in EU policy-making and policy implementation (see Annex X, Part B). 2 See Annex X, Part B. Amendment 4 Parliament's Rules of Procedure Rule 9 – paragraph 4 a (new) 4a.  Persons who sign the transparency register must, in the context of their relations with Parliament, respect: – the code of conduct annexed to the agreement1; – the procedures and other obligations laid down by the agreement; and – the provisions of this Rule and its implementing provisions. 1 See Annex 3 to the agreement set out in Annex X, Part B. Amendment 5 Parliament's Rules of Procedure Rule 9 – paragraph 4 b (new) 4b.  The Quaestors shall determine to what extent the code of conduct is applicable to persons who, whilst in possession of a long-term access badge, do not fall within the scope of the agreement. Amendment 6 Parliament's Rules of Procedure Rule 9 – paragraph 4 c (new) 4c.  Badges shall be withdrawn by reasoned decision of the Quaestors in the following cases: – the holder has been struck off the transparency register, unless there are significant arguments against withdrawal; – the holder has been guilty of a serious breach of the obligations laid down in paragraph 4a. Amendment 7 Parliament's Rules of Procedure Rule 9 – paragraph 4 d (new) 4d.  The Bureau, acting on a proposal from the Secretary-General, shall lay down the measures needed to implement the transparency register, in accordance with the provisions of the agreement on the establishment of that register. The provisions implementing paragraphs 4 to 4d shall be laid down in an annex. 3 See Annex X, Part A. Amendment 8 Parliament's Rules of Procedure Annex I – Article 2 – paragraphs 2 and 3 Members of Parliament shall refrain from accepting any other gift or benefit in the performance of their duties. Members of Parliament shall refrain from accepting any gift or benefit in the performance of their duties. The declarations in the register shall be made under the personal responsibility of the Member and must be updated every year. The declarations in the register shall be made under the personal responsibility of the Member and must be updated as soon as changes occur, and a fresh declaration shall be submitted at least once a year. Members shall bear full responsibility for the transparency of their financial interests. Amendment 9 Parliament's Rules of Procedure Annex X – title ANNEX X ANNEX X Provisions governing the application of Rule 9(4) - Lobbying in Parliament Transparency register A.  Provisions governing the application of Rule 9(4) to (4d) Amendment 10 Parliament's Rules of Procedure Annex X – Article 1 Article 1 Sole Article Passes Badges 1.  The pass shall consist of a plastic card bearing a photograph of the holder, indicating the holder's surname and forenames and the name of the firm, organisation or person for whom the holder works. 1.  The long-term access badge shall consist of a plastic card bearing a photograph of the holder, indicating the holder's surname and forenames and the name of the firm, organisation or person for whom the holder works. Pass-holders shall at all times wear their pass visibly on all Parliament premises. Failure to do so may lead to its withdrawal. Badge-holders shall at all times wear their badge visibly on all Parliament premises. Failure to do so may lead to its withdrawal. Passes shall be distinguished by their shape and colour from the passes issued to occasional visitors. Badges shall be distinguished by their shape and colour from the passes issued to occasional visitors. 2.  Passes shall only be renewed if the holders have fulfilled the obligations referred to in Rule 9(4). 2.  Badges shall only be renewed if the holders have fulfilled the obligations referred to in Rule 9(4a). Any dispute by a Member as to the activity of a representative or lobby shall be referred to the Quaestors, who shall look into the matter and may decide whether to maintain or withdraw the pass concerned. Any complaint supported by facts which falls within the scope of the code of conduct annexed to the agreement on the establishment of the transparency register1 shall be referred to the joint Transparency Register Secretariat. The Secretary-General of Parliament shall forward details of decisions to strike persons off the register to the Quaestors, who shall take a decision on the withdrawal of the badge concerned. Notifications of decisions by the Quaestors to withdraw one or more badges shall include a request to the holders or the organisations they represent or for which they work to return the badges to Parliament within 15 days of receipt of the notification. 3.  Passes shall not, under any circumstances, entitle holders to attend meetings of Parliament or its bodies other than those declared open to the public and shall not, in this case, entitle the holder to derogations from access rules applicable to all other Union citizens. 3.  Badges shall not, under any circumstances, entitle holders to attend meetings of Parliament or its bodies other than those declared open to the public and shall not, in this case, entitle the holder to derogations from access rules applicable to all other Union citizens. 1See Annex 3 to the agreement set out in Part B of this Annex. Amendment 11 Parliament's Rules of Procedure Annex X – Article 2 Article 2 deleted Assistants 1.  At the beginning of each parliamentary term the Quaestors shall determine the maximum number of assistants who may be registered by each Member. Upon taking up their duties, registered assistants shall make a written declaration of their professional activities and any other remunerated functions or activities. 2.  They shall have access to Parliament under the same conditions as staff of the Secretariat or the political groups. 3.  All other persons, including those working directly with Members, shall only have access to Parliament under the conditions laid down in Rule 9(4). Amendment 12 Parliament's Rules of Procedure Annex X – Article 3 Article 3 deleted Code of conduct 1.  In the context of their relations with Parliament, the persons whose names appear in the register provided for in Rule 9(4) shall: (a) comply with the provisions of Rule 9 and this Annex; (b) state the interest or interests they represent in contacts with Members of Parliament, their staff or officials of Parliament; (c) refrain from any action designed to obtain information dishonestly; (d) not claim any formal relationship with Parliament in any dealings with third parties; (e) not circulate for a profit to third parties copies of documents obtained from Parliament; (f) comply strictly with the provisions of Annex I, Article 2, second paragraph; (g) satisfy themselves that any assistance provided in accordance with the provisions of Annex I, Article 2 is declared in the appropriate register; (h) comply with the provisions of the Staff Regulations when recruiting former officials of the institutions; (i) comply with any rules laid down by Parliament on the rights and responsibilities of former Members; (j) in order to avoid possible conflicts of interest, obtain the prior consent of the Member or Members concerned as regards any contractual relationship with or employment of a Member's assistant, and subsequently satisfy themselves that this is declared in the register provided for in Rule 9(4). 2.  Any breach of this Code of Conduct may lead to the withdrawal of the pass issued to the persons concerned and, if appropriate, their firms. Amendment 13 Parliament's Rules of Procedure Annex X – part B – title (new) B.  Agreement between the European Parliament and the European Commission on the establishment of a Transparency Register for organisations and self-employed persons engaged in EU policy-making and policy implementation.

(1) Texts adopted, P7_TA(2011)0222.

European Parliament decision of 11 May 2011 on conclusion of an interinstitutional agreement between the European Parliament and the Commission on a common Transparency Register (2010/2291(ACI))

P7_TA(2011)0222 A7-0174/2011

The European Parliament,

–  having regard to the decision by the Conference of Presidents of 18 November 2010,

–  having regard to the draft agreement between the European Parliament and the European Commission on the establishment of a Transparency Register for organisations and self-employed individuals engaged in EU policy-making and policy implementation (hereinafter referred to as ‘the agreement’),

–  having regard to its resolution of 8 May 2008 on the development of the framework for the activities of interest representatives (lobbyists) in the European institutions(1),

–  having regard to Rule 127(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Constitutional Affairs (A7-0174/2011),

A.  whereas Article 11(2) of the Treaty on European Union states: ‘The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society’,

B.  whereas the transparency of that dialogue is enhanced by having a common register of the organisations and individuals engaged in EU policy-making and policy implementation,

C.  whereas Parliament's abovementioned resolution of 8 May 2008 laid down the principles on the basis of which Parliament entered into negotiations with the Commission concerning the common register,

D.  whereas the necessary changes to Parliament's Rules of Procedure are introduced in its decision of 11 May 2011 on amendment of Parliament's Rules of Procedure following the establishment by the European Parliament and the Commission of a common Transparency Register(2),

1.  Regards the agreement as an important first step towards greater transparency and intends to propose in due course that standards be raised so as to ensure the consistent integrity of the public administration of the Union and the strengthening of its institutional rules;

2.  Points out that having a common register enables all information to be found in one place, thereby making it easier for citizens to ascertain which actors are in contact with the institutions; observes that it also facilitates the task of the interest representatives who are required to register only once;

3.  Reiterates, however, that Parliament retains its unfettered right to decide who should be permitted to access its premises;

4.  Is of the opinion that the agreement will provide a strong incentive for registration since it will render it impossible for anyone to procure a badge giving access to Parliament without first registering;

5.  Repeats, however, its call for the mandatory registration of all lobbyists on the Transparency Register and calls for the necessary steps to be taken in the framework of the forthcoming review process in order to prepare for a transition to mandatory registration;

6.  Regrets that the Council has not yet become a party to the agreement, although that is crucial in order to ensure transparency at all stages in the law-making process at Union level; welcomes, however, the fact that the Council has indicated that it will become a party to the agreement; calls on the Council to join the common register as soon as possible;

7.  Welcomes, in particular, the following aspects contained in the agreement:

8.  Takes the view that the rules applicable to representatives of public authorities and of organisations working in the public interest which are bound by constitutional provisions and fundamental rights must not be the same as those applicable to representatives of special interests; maintains, in particular, that only autonomous public bodies should be asked to register, and not public authorities themselves;

9.  Requests that its Bureau devise a system whereby all lobbyists who fall within the scope of the register and who have obtained a meeting with a relevant Member about a specific legislative dossier are recorded as having done so in the explanatory memorandum to the report or recommendation relating to the relevant draft legislative act;

10.  Approves the conclusion of the agreement annexed hereto, taking into account the contents of this Decision, and decides to annex it to its Rules of Procedure;

11.  Instructs its President to forward this decision to the Council and the Commission, for information.

ANNEX

AGREEMENT BETWEEN THE EUROPEAN PARLIAMENT AND THE EUROPEAN COMMISSION ON THE ESTABLISHMENT OF A TRANSPARENCY REGISTER FOR ORGANISATIONS AND SELF-EMPLOYED INDIVIDUALS ENGAGED IN EU POLICY-MAKING AND POLICY IMPLEMENTATION

The European Parliament and the European Commission (‘the parties hereto’),

Having regard to the Treaty on European Union, in particular Article 11(1) and (2) thereof, the Treaty on the Functioning of the European Union, in particular Article 295 thereof, and the Treaty establishing the European Atomic Energy Community (hereinafter together referred to as ‘the Treaties’),

Whereas European policy-makers do not operate in isolation from civil society, but maintain an open, transparent and regular dialogue with representative associations and civil society,

AGREE AS FOLLOWS:

I.  Establishment of the Transparency Register

1.  In conformity with their commitment to transparency, the parties hereto agree to establish and operate a common ‘Transparency Register’ (hereinafter ‘the register’) for the registration and monitoring of organisations and self-employed individuals engaged in EU policy-making and policy implementation.

II.  Principles of the register

2.  The establishment and operation of the register shall build upon the existing registration systems set up and launched by the European Parliament in 1996 and the European Commission in June 2008, supplemented by the work of the relevant European Parliament and European Commission joint working group as well as by the adaptations made in the light of the experience gained and the input collected from stakeholders as set out in the European Commission's Communication of 28 October 2009 entitled ‘European Transparency Initiative: the Register of Interest Representatives, one year after’(3). This approach does not affect or prejudge the objectives of the European Parliament as expressed in its resolution of 8 May 2008 on the development of the framework for the activities of interest representatives (lobbyists) in the European institutions(4).

3.  The establishment and operation of the register shall respect the general principles of Union law, including the principles of proportionality and non-discrimination.

4.  The establishment and operation of the register shall respect the rights of Members of the European Parliament to exercise their parliamentary mandate without restriction, and shall not impede access for Members' constituents to the European Parliament's premises.

5.  The establishment and operation of the register shall not impinge on the competences or prerogatives of the parties hereto or affect their respective organisational powers.

6.  The parties hereto shall strive to treat all operators engaged in similar activities in a similar manner, and to allow for a level playing-field for the registration of organisations and self-employed individuals engaged in EU policy-making and policy implementation.

III.  Structure of the register

7.  The register shall include the following:

IV.  Scope of the register

Activities covered

8.  The scope of the register covers all activities, other than those excluded in part IV, carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and the decision-making processes of the EU institutions, irrespective of the channel or medium of communication used, for example outsourcing, media, contracts with professional intermediaries, think-tanks, platforms, forums, campaigns and grassroots initiatives. These activities include, inter alia, contacting Members, officials or other staff of the EU institutions, preparing, circulating and communicating letters, information material or discussion papers and position papers, and organising events, meetings or promotional activities and social events or conferences, invitations to which have been sent to Members, officials or other staff of the EU institutions. Voluntary contributions and participation in formal consultations on envisaged EU legislative or other legal acts and other open consultations are also included.

9.  All organisations and self-employed individuals, irrespective of their legal status, engaged in activities falling within the scope of the register are expected to register(5).

Activities excluded

10.  The following activities are excluded from the scope of the register:

Specific provisions

11.  Churches and religious communities are not concerned by the register. However, the representative offices or legal entities, offices and networks created to represent them in their dealings with the EU institutions, as well as their associations, are expected to register.

12.  Political parties are not concerned by the register. However, any organisations created or supported by them which are engaged in activities falling within the scope of the register are expected to register.

13.  Local, regional and municipal authorities are not concerned by the register. However, the representative offices or legal entities, offices and networks created to represent them in their dealings with the EU institutions, as well as their associations, are expected to register.

14.  Networks, platforms or other forms of collective activity which have no legal status or legal personality but which constitute de facto a source of organised influence and which are engaged in activities falling within the scope of the register are expected to register. In such cases their members should identify one of their number as their contact person responsible for their relations with the administration of the register.

15.  The activities to be taken into account for the financial declaration in the register are those aimed at all EU institutions, agencies and bodies, and their members, officials and other staff. These activities also include activities directed at Member States' bodies operating at EU level which are engaged in EU decision-making processes.

16.  European networks, federations, associations or platforms are encouraged to produce common, transparent guidelines for their members identifying the activities falling within the scope of the register. They are expected to make those guidelines public.

V.  Rules applicable to registrants

17.  By registering, the organisations and individuals concerned:

VI.  Measures in the event of non-compliance with the code of conduct

18.  Non-compliance with the code of conduct by registrants or by their representatives may lead, following an investigation paying due respect to the principle of proportionality and the right of defence, to the application of measures laid down in Annex 4 such as suspension or removal from the register and, if applicable, withdrawal of the badges affording access to the European Parliament issued to the persons concerned and, if appropriate, their organisations,. A decision to apply such measures may be published on the register's website.

19.  Anyone may lodge a complaint, substantiated by material facts, about suspected non-compliance with the code of conduct, in accordance with the procedure laid down in Annex 4.

VII.  Implementation

20.  The Secretaries-General of the European Parliament and the European Commission shall be responsible for supervision of the system and for all key operational aspects, and shall by common accord take the measures necessary to implement this agreement.

21.  In order to implement the system, the services of the European Parliament and the European Commission will establish a joint operational structure, to be known as ‘the joint Transparency Register Secretariat’. This will be made up of a group of officials from the European Parliament and the European Commission pursuant to an arrangement to be made between the competent services. The joint Transparency Register Secretariat shall operate under the coordination of a Head of Unit in the Secretariat-General of the European Commission. Its tasks will include the implementation of measures to contribute to the quality of the content of the register.

22.  The issue and control of badges affording long-term access to the European Parliament's buildings will remain a process operated by that institution. Such badges will only be issued to individuals representing, or working for, organisations falling within the scope of the register where those organisations or individuals have registered. However, registration shall not confer an automatic entitlement to such a badge.

23.  Although the system will be operated jointly, the parties hereto remain free to use the register independently for their own specific purposes, including the offering of incentives such as the transmission of information to registrants when launching public consultations or organising events.

24.  The parties hereto shall organise appropriate training and internal communication projects to raise awareness of the register and the complaints procedure among their Members and staff.

25.  The parties hereto shall take appropriate measures externally to raise awareness of the register and promote its use.

26.  A series of basic statistics, extracted from the database of the register, shall be published regularly on the Europa website and shall be accessible via a user-friendly search engine. The public content of that database will be available on request in electronic, machine-readable formats.

27.  Following consultation with stakeholders, an annual report on the operation of the register shall be submitted by the Secretaries-General of the European Parliament and the European Commission to the responsible Vice-Presidents of the European Parliament and the European Commission.

VIII.  Involvement of other institutions and bodies

28.  The European Council and the Council are invited to join the register. Other EU institutions, bodies and agencies are encouraged to use this system themselves as a reference instrument for their own interaction with organisations and self-employed individuals engaged in EU policy-making and policy implementation.

IX.  Final provisions

29.  The switchover from the existing registers of the parties hereto to the new common register will take place over a transition period of twelve months from the day of entry into operation of the common register. Organisations and individuals currently registered in either system shall be invited to renew their registration in the common system.

30.  The common register shall be subject to review no later than two years following its entry into operation.

Annex 1

'Transparency Register‘

Organisations and self-employed individuals engaged in EU policy-making and policy implementation

Annex 2

Information to be provided by registrants

I.  GENERAL & BASIC INFORMATION

–  (a) identity of the person legally responsible for the organisation and (b) name of the organisation's director or managing partner or, if applicable, principal contact point in respect of activities covered by the register; names of the persons for whom badges affording access to the European Parliament's buildings are requested(7);

II.  SPECIFIC INFORMATION

A.  ACTIVITIES

Main legislative proposals covered in the preceding year by activities of the registrant falling within the scope of the transparency register

B.  FINANCIAL INFORMATION

All financial figures provided should cover a full year of operations and refer to the most recent financial year closed, as of the date of registration or of renewal.

Double counting is not excluded. The financial declaration made by professional consultancies/law firms/self-employed consultants concerning their clients (list and grid) does not exempt those clients from their obligation to include those contractual activities in their own declarations, so as to avoid an underestimation of their declared financial outlay.

-  Professional consultancies/law firms/self-employed consultants (Section I of Annex 1): details must be given of the turnover attributable to the activities falling within the scope of the register, as well as the relative weight attaching to their clients according to the following grid:

-  In-house lobbyists and trade/professional associations (Section II of Annex 1): an estimate must be given of the cost of activities falling within the scope of the register.

-  Non-governmental organisations, think tanks, research and academic institutions – organisations representing churches and religious communities –Organisations representing local, regional and municipal authorities, other public or mixed entities, etc. (Sections III to VI of Annex 1): the overall budget must be specified, together with a breakdown of the main sources of funding.

Additionally, for all registrants: the amount and source of funding received from the EU institutions in the most recent financial year closed, as of the date of registration or of renewal.

Annex 3

Code of conduct

Annex 4

Procedure for the investigation and treatment of complaints

Stage 1: Submitting a complaint

1.  Complaints may be submitted by completing a standard form on the website of the register. That form contains information about the registrant being complained about, the name and contact details of the complainant and details about the complaint, including, in principle, documents or other materials supporting the complaint. Anonymous complaints shall not be considered.

2.  The complaint shall specify one or more clauses of the code of conduct which the complainant alleges have been breached. Complaints about information entered in the register are treated as allegations of infringement of point (d) of the code of conduct (8).

3.  Complainants must in principle provide documents and/or other materials supporting their complaint.

Stage 2: Decision on admissibility

4.  The joint Transparency Register Secretariat shall:

5.  If the complaint is deemed inadmissible, the complainant shall be informed by letter, which shall state the reasons for the decision. If the complaint is deemed admissible, it shall be investigated in accordance with the procedure set out below.

Stage 3: Investigation

6.  After registering the complaint, the joint Transparency Register Secretariat shall inform the registrant in writing of the complaint made against that registrant and the content of that complaint, and shall invite the registrant to present explanations, arguments or other elements of defence within 10 working days.

7.  All information collected during the investigation shall be examined by the joint Transparency Register Secretariat.

8.  The joint Transparency Register Secretariat may decide to hear the registrant complained about, or the complainant.

Stage 4: Decision on the complaint

9.  If the investigation shows the complaint to be unfounded, the joint Transparency Register Secretariat shall inform both parties of the decision to that effect. If the complaint is upheld, the registrant may be temporarily suspended from the register pending the taking of steps to address the problem (see paragraphs 11 to 14 below) or may be subject to measures ranging from long-term suspension from the register to removal from the register and withdrawal, where applicable, of any badge affording access to the European Parliament (see stages 6 and 7 below).

Stage 5: Measures in the event of non-compliance with the code of conduct

10.  The measures which may be applied in the event of non-compliance with the code of conduct shall range from temporary suspension to removal from the register (see the table below).

11.  If it is established that information entered in the register is incorrect or incomplete, the registrant shall be requested to correct that information within eight weeks, during which period the registration of that registrant shall be suspended. The badge(s) affording access to the European Parliament, if any, shall not be withdrawn during that period.

12.  If the registrant rectifies the information within the period of eight weeks specified in paragraph 11, the registration pertaining to that registrant shall be reactivated. If the registrant does not act within the period of eight weeks specified in paragraph 11, a measure may be imposed.

13.  If the registrant requests more time to rectify the information in accordance with paragraph 11, and gives sufficient reasons for that request, the period of suspension may be extended.

14.  In the event of non-compliance with the code of conduct on other grounds, the registration of the registrant in question shall be suspended for a period of eight weeks, during which time the European Parliament and the European Commission shall take the final decision on the measure or measures, if any, to be imposed.

15.  Any decision to remove a registrant from the register shall include a ban on future registration for a period of one or two years.

Stage 6: Decision on the measure to be applied

16.  A draft decision on the measure to be applied shall be prepared jointly by the competent services of the European Parliament and of the European Commission and forwarded for final decision to the Secretaries-General of those institutions. The competent Vice-Presidents of the European Parliament and of the European Commission will be informed.

17.  The joint Transparency Register Secretariat shall immediately inform both parties (the complainant and the registrant against which the complaint was made) of the measure decided upon, and shall implement that measure.

Stage 7: Withdrawal (if applicable) of the badge(s) affording access to the European Parliament

18.  Where a decision on removal from the register entails withdrawal of a badge or badges affording access to the European Parliament, it shall be forwarded by the Secretary-General of the European Parliament to the responsible Quaestor, who shall be invited to authorise the withdrawal of any such badge(s) held by the organisation or individual concerned.

19.  The registrant shall be invited to return all or some of any EP badges held within 15 days.

Table of measures available in the event of non-compliance with the code of conduct

(1) OJ C 271 E, 12.11.2009, p. 48. (2) Texts adopted, P7_TA(2011)0221. (3) COM(2009)0612. (4) OJ C 271 E, 12.11.2009, p. 48. (5) 1 Member States' governments, third country governments, international intergovernmental organisations as well as their diplomatic missions are not expected to register. (6) OJ L 145, 31.5.2001, p. 43. (7) Registrants will be asked to provide this information at the end of the registration process, for submission to the European Parliament. The names of individuals to whom access badges have been allocated will then be automatically inserted by the system on the basis of the European Parliament's updates and information, once the European Parliament has decided to issue the badges. Registration does not give rise to an automatic entitlement to a badge affording access to the European Parliament. (8) That point (d) requires registrants, in their relations with the EU institutions and their Members, officials and other staff, to ‘ensure that, to the best of their knowledge, information which they provide upon registration and subsequently in the framework of their activities within the scope of the register is complete, up-to-date and not misleading’.

European Parliament resolution of 11 May 2011 on corporate governance in financial institutions (2010/2303(INI))

P7_TA(2011)0223 A7-0074/2011

The European Parliament,

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

–  having regard to Directive 2010/76/EU of the European Parliament and of the Council of 24 November 2010 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(1),

–  having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Legal Affairs and of the Committee on the Internal Market and Consumer Protection (A7-0074/2011),

Approach

1.  Welcomes the Commission's Green Paper and the opportunity to improve corporate governance structures throughout the EU;

2.  Emphasises that the proper functioning of the internal market depends on the stability of the financial system and, related to this, on the trust put by European citizens and consumers in financial institutions and transactions; notes that the remuneration systems used to date have led to inappropriate structures;

3.  Is aware that in the wake of the financial crisis it has become clear that the quality of consumer protection and safeguards in the financial services sector requires tangible and strong improvement, particularly as regards the monitoring and supervisory aspects;

4.  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;

5.  Notes that during the recent financial crisis many financial institutions around the world failed at great cost to the taxpayer; believes that the Commission is right to examine every possible cause of failure in financial institutions in order to prevent another crisis occurring;

6.  Notes a lack of values and ethics in the behaviour of some actors in financial markets and institutions; underlines that financial markets and institutions have to take into account, as part of their corporate social responsibility, the interests of all parties involved, including clients, shareholders and employees;

7.  Notes that the US Sarbanes-Oxley Act was ineffective in protecting US institutions during the financial crisis, whilst at the same time increasing compliance costs for all listed companies, in particular SMEs, reducing competitiveness and hampering the creation of new listed companies; emphasises that present economic circumstances and the need for growth make it imperative to avoid an EU ‘Sarbanes-Oxley’ effect;

8.  Notes the diversity of corporate governance structures throughout the European Union and the diversity of approaches that Member States take in regulating these structures; recognises that a ‘one size fits all’ approach would be inappropriate and damaging to the competitiveness of financial institutions; observes that national supervisors have an understanding of these diverse approaches and are in many instances best placed to take decisions following EU principles; stresses nonetheless that strong minimum standards are required to ensure good governance across the financial sector in the EU;

9.  Recognises that the area of corporate governance is constantly evolving; believes that a proportionate approach combining both targeted principle-based regulations and flexible ‘comply or explain’ codes of best practice on an equal footing is appropriate; stresses that it must be complemented by regular external evaluation and appropriate regulatory oversight;

10.  Believes that in other areas a procedure of enhanced ‘comply or explain’ with scrutiny may nevertheless be more appropriate with specific legislative requirements and more intrusive checks into compliance or variation, and that both qualitative and quantitative assessment is required so that compliance does not degenerate into a box-ticking exercise;

11.  Requests that the Commission subject every proposal it considers to improve corporate governance to a cost-benefit impact assessment which focuses on the need to keep financial institutions strong, stable and competitive so that they can help deliver economic growth, whilst also taking into account the impact of not regulating on financial stability and the real economy;

Risk

12.  Notes the failure of some financial institutions and supervisors to appreciate that the nature, scale and complexity of the risk they had incurred contributed to the financial crisis; believes that effective risk governance is a major essential element in preventing future crises;

13.  Calls for the establishment in all financial institutions of an effective governance system, with adequate risk management, compliance, internal audit functions (and, in the case of insurers, actuarial functions), strategies, policies, processes and procedures;

14.  Stresses that risk is intrinsic and necessary in the financial sector in the interests of providing liquidity, fostering competitiveness and helping deliver economic growth and jobs; a thorough understanding and appreciation of risk on the part of boards is absolutely vital in order to avoid a future financial crisis;

15.  Calls for the establishment of mandatory risk committees or equivalent arrangements at board level for all economically significant financial institutions and at parent company board level for all economically significant financial groups; EU supervisors in consultation with the relevant national authorities should establish ‘fit and proper persons’ criteria and processes for senior officers and all material risk takers to be implemented by the financial institution, and national authorities should ensure compliance with these criteria;

16.  Believes that the risk committee or other equivalent body should have responsibility for oversight and for advising the board on the current risk exposures of the financial institution concerned and should advise on future risk strategy, including strategy for capital and liquidity management, taking into account financial stability assessments developed by supervisors and national banks;

17.  Stresses that ultimate responsibility for risk governance lies with the board, which must also take responsibility for demonstrating compliance and the formulation of recovery plans;

18.  Emphasises that in any institution the running of disproportionate risks is incompatible with the most important responsibility of the members of its board, namely a long-term and sustainable business strategy;

19.  Believes that firms should establish an internal procedure, reviewed by the supervisor, to address conflicts which may arise between their risk management and operational units; in addition, there should be an obligation for the board of directors to inform the supervisory authorities of any material risks they are aware of;

20.  Is in favour of establishing paths to channel information on internal conflicts or inappropriate practices in a company to the risk committee or external supervisors, recognising also that practices sometimes differ from policies and management is not always aware of real practices;

21.  Points out that the communication system between the risk management function and the board of directors should be improved by setting up a procedure for referring conflicts/problems to the hierarchy for resolution;

22.  Underlines that the CRO should have direct access to the board of the company; in order to ensure his independence and objectivity is not compromised, his appointment and dismissal will be decided by the whole board;

23.  Suggests also that procedures should be established for recording when the risk committee is over-ruled and the records provided to auditors and supervisors;

24.  Notes the Transparency Directive, which requires institutions to disclose principal risks in their business review, and the Fourth Company Law Directive, which requires institutions to describe their internal control systems relating to financial reporting risks; observes that financial institutions should be required to disclose recovery planning and supervisory reports thereon;

25.  Takes the view that it should be mandatory for financial institutions to draft an annual report – involving as little bureaucracy as possible – on the adequacy and effectiveness of their internal control systems and for their board of directors to adopt that report; takes the view, further, that it should likewise be mandatory for the annual report drawn up by a financial institution's external auditors to contain a similar assessment; stresses, however, that a ‘Sarbanes-Oxley effect’ must be avoided in the EU;

26.  Takes the view that closer attention should be paid to the implementation of measures to raise risk awareness in financial institutions, as increased awareness of risk at all levels of the institution – and amongst its employees – is a decisive factor in improving risk management;

27.  Agrees that it is necessary to strengthen measures at EU level to prevent conflicts of interest in order to safeguard the objectivity and independence of judgement of board members across the banking, securities and insurance sectors;

Boards of directors

28.  Calls on EU supervisors in consultation with the relevant national authorities to develop competence criteria for a ‘fit and proper person’ test, by which to assess the suitability of individuals for controlled functions, taking into account the nature, complexity and size of the financial institution; supervisors must perform their assessments and approvals procedure in a timely and efficient manner with due regard for the judgement of regulated firms; for major and systemically relevant financial institutions, supervisors should perform intrusive checks as to the fitness, expertise and diversity of directors both individually and collectively and their suitability in relation to the appointment, and for directors the wider composition of the governing body and their time commitment, taking into account their other activities;

29.  Calls on the Commission to develop legislation requiring large financial institutions to submit their boards to regular external evaluation aimed at ensuring not only high standards of contributions by individual directors, but also that the board as a whole and its committees are in a position to deliver on the institution's strategic objectives and management of the risk; requires large financial institutions to confirm in their annual reports that they have undertaken such an evaluation, the name of the external evaluator, a description of the scope of the evaluation and that they have acted on the latter's recommendations; calls on the ESAs to develop guidance on the scope of such evaluations in consultation with the industry, shareholders and regulators;

30.  Believes the role of the CEO and Chairman should be separated, but notes that there are circumstances when a combined role could be necessary in the short term; emphasises also 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;

31.  Believes that on a collective basis members of unitary or supervisory boards should possess recent and relevant professional qualifications, knowledge and experience, including financial, for jointly piloting the financial undertaking; requires all economically significant financial institutions to have non-executive board members; believes, however, that every financial institution should have a board with a diversity of experience, expertise and character so as to provide sound and prudent management and that appointments should be made on merit;

32.  Emphasises that greater diversity among the members of boards of directors will reduce the financial sector's vulnerability to crises and contribute to economic stability; calls on the Commission to submit a plan to bring about phased increases in gender diversity with the aim of achieving at least 30% representation for each gender on the boards of directors of financial institutions, to ensure that this target is met within a foreseeable period and to consider measures to strengthen diversity in terms of professional, social and cultural background;

33.  Emphasises that greater diversity among the members of boards is likely to improve the quality of debate and decision-making;

34.  Emphasises the importance of employee representatives being on the board of directors, in particular in view of their long-term interest in the sustainable management of the institution and because of their experience and knowledge of its internal structures;

35.  Considers that publicly owned financial institutions and financial authorities must ensure open and independent appointment processes;

36.  Stresses that directors must devote sufficient time to the performance of their duties, the guidelines for which should be developed by EU supervisory bodies and be monitored by the board and national supervisory bodies;

37.  Believes that there should be a presumption against any person serving on an excessive number of boards of directors of different financial groups;

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

39.  Is of the opinion that both senior management and the board of directors should be actually accountable and liable for the setting up and application of corporate governance principles at all levels of the company/corporation;

40.  Regards a clearly defined European minimum standard for the accountability of the members of the boards of directors of financial institutions as necessary;

41.  Notes that the European Central Bank, the European Investment Bank, the European Investment Fund and the central banks of all Member States are led by male governors; notes that only very few women are currently represented in governing positions within the central banks of the Member States and of the financial institutions;

42.  Believes that directors should have a general duty of care and be obliged to report material risks to supervisors;

43.  Invites the Commission and Member States to take gender-balanced measures as regards the appointment of governors within the financial institutions and bodies of the European Union;

44.  Encourages the Commission to promote policies which can help companies in the financial sector in today's economic environment to value and manage a more balanced representation of men and women in the decision-making bodies;

45.  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;

Remuneration

46.  Believes that remuneration policies must be based on the long-term performance of the individual and their firm to ensure remuneration policies do not contribute to excessive risk-taking, and that remuneration policies or payments should never undermine the stability of a firm;

47.  Welcomes the changes to remuneration policy that have already been introduced by financial institutions, whereby bonuses are linked to the long-term success of the business and only paid out after three years at the earliest; also welcomes the fact that it is possible to demand repayment of bonuses if economic objectives have not been met;

48.  Stresses that all share options must be properly disclosed and have vesting periods of at least three years; considers that greater use should be made of contingent capital instruments rather than shares, as they have less conflict of interest in inducing short termism;

49.  Notes that the issue of remuneration in financial institutions has been dealt with in CRD III;

50.  Stresses the importance of a strict remuneration policy as foreseen in the Capital Requirements Directive (CRD III) and Solvency II; expects these and other existing legislative measures to be rapidly implemented between 2011 and 2013; calls upon the Commission to publish an evaluation report in 2015;

51.  Acknowledges that structural approaches differ among Member States; encourages practices which strengthen corporate governance according to the legal form, size, nature, complexity and business model of the financial institution;

52.  Notes that the application of existing recommendations for the remuneration of directors of listed companies is neither uniform nor satisfactory; calls therefore on the Commission to come forward with legislation at EU level on remuneration for directors of listed companies in order to ensure that the structure of remuneration in listed companies does not encourage excessive risk-taking, as well as to ensure a level playing field in the EU;

53.  Highlights in particular concerns that shareholders cannot and do not currently exercise due control over remuneration policies in financial institutions;

54.  Insists that full transparency is necessary for shareholders to be able to conduct proper oversight of remuneration policies, and calls in particular for the publication of the number of staff in each institution receiving total remuneration greater than EUR 1 million, in bands of at least EUR 1 million;

55.  Is of the opinion that shareholders should help determine sustainable remuneration policies and should be given the opportunity to express their views on the remuneration policies, with the right to reject the remuneration policy defined by the remuneration committee at the general meeting;

Supervisors, auditors and institutions

56.  Believes that an enhanced three-way dialogue between supervisors, auditors (both internal and external) and institutions would improve the likelihood of substantial or systemic risk being detected at an early stage; encourages supervisors, the European Systemic Risk Board, auditors and institutions to engage in open discussions and to increase the frequency of meetings in order to facilitate prudential supervision; further recommends that bilateral meetings take place between auditors and supervisors of major financial institutions; believes that it is the board and Internal Auditor's responsibility to ensure that necessary internal controls are in place to detect systemic risks and to establish a procedure for informing the board and supervisors of these risks in order to avoid negative consequences;

57.  Stresses that the primary role of auditors should not be unduly compromised by the burden of extra duties, such as an examination and assessment of non-audit information that falls outside their area of expertise; believes auditors should report directly to supervisors when aware of something of material concern to supervision and should participate in pan-industry assessments of specific controls;

58.  Insists that public authorities, including ESAs and national supervisors, must adhere to high standards of independence and corporate governance equivalents;

Shareholders and the AGM

59.  Encourages institutional shareholders to take a more active role in holding the board and its strategy to account in an appropriate way and to reflect the long-term interests of their beneficiaries;

60.  Calls for legislation requiring all those authorised to manage investments on behalf of third parties in the EU to state publicly whether or not they apply and disclose against a stewardship code; if so, which one and why, and if not why not;

61.  Believes that significant transactions above a defined and proportionate size should require specific shareholder approval or be subject to an obligation to inform shareholders before the transaction can take effect, provided that involvement of the shareholders is feasible, the principle of confidentiality is met and the daily business of the financial institution is not undermined; ESMA may issue guidelines concerning the appropriate benchmark in consultation with the relevant national authorities;

62.  Recognises that transparency is necessary with regard to related party transactions and that significant transactions which involve a related party should be notified to the listing authority and be accompanied by a letter from an independent adviser confirming that the transaction is fair and reasonable, or should be subject to a vote of shareholders with the related party being excluded from this vote; ESMA may issue guidelines concerning the appropriate benchmark in consultation with the relevant national authorities;

63.  Calls for mandatory annual elections of each member of the board, for mandatory annual requests for approval of the board's policy or for discharge of the board at the AGM, with a view to making the board more accountable and encouraging a culture of greater responsibility;

64.  Calls for an investigation of the inhibition on effective shareholder controls and for the removal of regulatory impediments to reasonable collaboration;

65.  Calls for an electronic vote to be introduced in order to encourage shareholders to engage in the corporate governance of financial institutions;

66.  Takes the view that all limited partnerships should be free to stipulate in their statutes whether their partners may remain anonymous or must be named and that, in the latter case, a law must be enacted to guarantee that their identities are in fact made public;

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

(1) OJ L 329, 14.12.2010, p. 3.

European Parliament resolution of 11 May 2011 on the state of play in the EU-India Free Trade Agreement negotiations

P7_TA(2011)0224 B7-0291/2011

The European Parliament,

–  having regard to the Organisation for Economic Cooperation and Development (OECD) Guidelines on Multinational Enterprises and the International Labour Organisation (ILO) Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy,

–  having regard to the Ministerial Declaration of the Fourth Session of the WTO Ministerial Conference, adopted on 14 November 2001 in Doha, and in particular to paragraph 44 thereof, on Special and Differential Treatment (SDT),

–  having regard to its resolution of 29 September 2005 on EU-India relations: A Strategic Partnership(1),

–  having regard to the Commission communication of 4 October 2006 entitled ‘Global Europe: Competing in the World. A contribution to the EU's Growth and Jobs Strategy’ (COM(2006)0567),

–   having regard to its resolution of 26 March 2009 on an EU-India Free Trade Agreement(2),

–  having regard to its resolution of 12 July 2007 on the TRIPS Agreement and access to medicines(3),

–  having regard to its resolution of 22 May 2007 on Global Europe - external aspects of competitiveness(4),

–  having regard the India Country Strategy Paper (2007-2013),

–  having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A.  whereas the European Union should continue to give priority to a rule-based multilateral trading system established through the WTO, which offers the best prospects for open and equitable international trade by establishing appropriate rules and ensuring compliance with them,

B.  whereas a successful and balanced conclusion of the Doha Development Agenda (DDA) is of crucial importance to both the European Union and India, and whereas such an agreement does not preclude bilateral WTO+ agreements, which can be complementary to multilateral rules,

C.  whereas the European Union is India's largest source of Foreign Direct Investment (FDI), accounting for 27 % of total FDI in 2009; whereas, however, the EU share has declined over the past three years, from 37 % of total FDI in 2007 to 32 % in 2008 and 27 % in 2009, while EU FDI outflows to China in 2009 were significantly higher than those to India, amounting to EUR 5.3 billion as compared to EUR 3,1 bn to India,

D.  whereas India was the European Union's seventeenth most important trading partner in 2000 and ranked eighth in 2010 (when such trade was worth EUR 67,8 bn); whereas, however, the EU's relative share in India's market fell from 23,2 % in 1999 to 14,5 % in 2009, while China's market share was multiplied by four over the same period, from 2,6 % in 1999 to 11,3 % in 2009,

E.  whereas India is the largest beneficiary of the Generalised System of Preferences (GSP); whereas the European Union's imports from India at preferential rates or zero duty were worth EUR 19,9 bn in 2009 and accounted for 83 % of total EU imports from India,

F.  whereas both parties expect to secure significant benefits from the elimination of tariffs, the liberalisation of trade in services and of establishment and reaffirm their commitment to tariff reductions and further liberalisation of establishment and of trade in services,

G.  whereas market access needs to be accompanied by transparent and adequate rules and standards in order to ensure that trade liberalisation is beneficial,

H.  whereas market access is being hampered by non-tariff barriers to trade (NTBs), such as health and safety requirements or technical barriers, quantitative restrictions, conformity procedures, trade defence mechanisms, customs procedures, internal taxation, and a failure to adopt international norms and standards,

I.  whereas even greater account should be taken of the elements on recognition, suitable and effective protection, implementation and enforcement of intellectual property rights (IPRs), including patents, trade or service marks, copyright and similar rights, geographical indications (GIs) (including marks of origin), industrial design and integrated circuit topography,

J.  whereas counterfeit medicines can potentially be detrimental to health; whereas EU and India should join forces to address this problem,

K.   whereas India is one of the major producers and exporters of generic medicines,

L.   whereas the success and sustainability of health programmes depends in large part on the continuing availability of low-cost, quality generic medicines; having regard to India's critical role as a supplier of such products and to the established, detrimental impact of TRIPS-plus intellectual property rules on the availability of generic medicines,

M.  whereas Article 1(1) of the Cooperation Agreement provides for respect for human rights and democratic principles; whereas this constitutes an essential element of the agreement,

N.  whereas access by EU businesses to the Indian market is still being hampered by several NTBs, such as burdensome health and safety requirements or technical barriers, quantitative restrictions, overly restrictive conformity procedures, unjustified trade defence mechanisms, customs procedures, internal taxation, and a failure to adopt international norms and standards,

General issues

1.  Believes that the FTA should be balanced and compatible with WTO rules and obligations; considers that a successful DDA remains the European Union's trade priority and that negotiations with India on the FTA must thus be complementary to multilateral rules;

2.  Welcomes the outcome of the EU-India Summit held in December 2010 and encourages the negotiating parties to speed up the negotiations and to continue to consult key stakeholders; recalls the pledge made by the EU and India to speed up FTA talks and to make substantive and efficient progress towards the early conclusion of an ambitious and balanced, broad-based trade and investment agreement; is disappointed with the slow pace of negotiations; calls for both parties to make every effort to conclude a comprehensive, ambitious and balanced FTA by the end of 2011;

3.  Encourages India's federal and state governments to synchronise policies and procedures, so as to allow potential gains to be maximised;

4.  Recalls that the objectives of the common commercial policy should be fully coordinated with the European Union's overall objectives, that, pursuant to Article 207 of the Treaty on the Functioning of the European Union, the EU's common commercial policy must be conducted ‘in the context of the principles and objectives of the Union's external action’, and that, pursuant to Article 3 of the Treaty on European Union, it must contribute, inter alia, to sustainable development, the eradication of poverty and protection of human rights;

5.  Points, in view of the complementarity of the two economies, to the potential for an increase in EU-India trade and investment and business opportunities arising from the FTA; considers the EU-India FTA overall as a win-win scenario, but recommends that an evaluation be carried out of the existing sector specificities in order to identify potential disadvantages of the FTA for sensitive EU sectors;

6.  Asks the Commission to include an ambitious sustainable development chapter as an essential part of the FTA;

Trade in goods

7.  Welcomes the results of many free-trade simulations which show that the FTA would increase overall exports and imports for both the European Union and India; stresses that, at the current average growth rate, bilateral trade is expected to increase to EUR 160,6 bn by 2015;

8.  Notes that India's average applied tariffs have fallen but are still considerably higher than the EU's tariffs; points out in particular that India's average tariff for Non-Agricultural Market Access (NAMA) is now 10,1 %, as compared to an EU average of 4 %, while India's average tariff for agriculture is 31,8 %, as compared to an EU average of 13,5 %;

9.  Stresses that the objective for industrial trade should be reciprocal full duty elimination, with asymmetry in timing, and that any possible exception to this objective should be limited and subject to review and should not involve the exclusion of sectors that are of importance to both sides, such as passenger cars;

10.  Notes that the agreement should respect sensitivities linked to agricultural trade, but that this should not prevent market opening in areas of complementarity;

11.  Calls on the Commission to take due account of any negative impact on European agriculture, particularly in the areas of the opening up of markets, GMOs, milk, beef, intellectual property protection and origin labelling;

12.  Considers it important that the FTA include ambitious chapters on technical barriers to trade and sanitary and phytosanitary measures; calls on the Commission, in this regard, to address outstanding issues such as animal welfare;

13.  Calls on both parties to ensure that regulation and NTBs are managed in such a way that overall trade is not hampered; calls on both the EU and India to develop effective disciplines to prevent the emergence of unnecessary regulatory obstacles to trade and to tackle existing obstacles, while respecting both sides' right to regulate;

14.  Stresses that the FTA should include a binding state-to-state dispute settlement mechanism and provisions on mediation on NTBs, as well as an effective safeguard clause;

Trade in services, establishment

15.  Recognises that services are the fastest growing sector of the Indian economy; notes that India has offensive interests in the liberalisation of Mode 1 and Mode 4 in the General Agreement on Trade in Services (GATS); notes that the EU would like to complete liberalisation of market access and national treatment under Mode 3 in most services; notes that the full ambitions of the FTA cannot be realised without commitments under Mode 4; stresses that there are huge benefits from nationwide and EU-wide accreditation of professional qualifications and agreements on mutual recognition and licensing requirements within professional services in both the EU and India, which could be easily covered by the FTA; requests, nevertheless, that a thorough analysis be carried out in relation to the individual Member States in order to avoid negative consequences for the EU labour market, while permitting, under Mode 4, temporary stays of necessary skilled professionals;

16.  Points out that service liberalisation must in no way hinder the right to regulate services, including public services;

17.  Notes that trade in services between the EU and India is relatively unbalanced, with the EU exporting 1,9 % of its services to India and India sending 11,6 % of its total exports to the EU;

18.  Strongly encourages India to develop appropriate data protection legislation which would enable it to achieve the status of a country with an adequate level of protection, thereby allowing or enabling the transfer of personal data from the EU on the basis of and in compliance with EU legislation;

19.  Considers that allowing foreign law and accounting firms to operate in India would bring significant benefits for the Indian economy and professions, as well as for European firms which have expertise in international law and accountancy and for their clients; calls on the Commission to explore with the Indian authorities the opportunities and scope for liberalisation of legal services and accounting services under the FTA;

20.  Encourages India to further open up its banking, insurance and retail sectors in line with the reforms announced by the Indian authorities in recognition of the fact that appropriate financial legislation is important to ensure oversight of financial services, reduce systemic risk and provide the highest possible level of consumer protection;

Investment

21.  Calls on the Commission to negotiate a chapter on investment as part of the FTA, thereby enabling the process of investing in each other's markets to be made much smoother by promoting and protecting investment deals while exploring immediate opportunities; suggests that such an investment chapter could provide for the setting up of a system of single points of information for investors in both economies, in order to explain to them the differences in investment rules and practices and provide information on all legal aspects;

22.  Calls on the Commission to ensure that provisions on investment protection do not lessen the parties' ability to issue compulsory licences or undermine other public health policies;

Public procurement

23.  Welcomes the fact that India has agreed to include public procurement in the FTA; regrets, however, that this has happened only at federal level; calls on the Commission to negotiate effective and transparent procurement systems; calls on India to apply transparent and fair procedures when awarding public contracts and to grant European businesses access to public procurement systems; calls on India to ensure the broadest possible coverage, including in particular public sector undertakings;

Trade and competition

24.  Welcomes the progress made in developing a chapter on trade and competition in the EU-India FTA, and calls on both parties to step up their cooperation on trade-related competition matters, intellectual property rights and industrial and commercial policy;

25.  Welcomes India's commitment to a strong IPR regime and to the use of TRIPS flexibilities in international and domestic legislation in order to meet its public health obligations, particularly in relation to access to essential medicines; encourages India rigorously to implement and enforce that regime, while improving access to essential medicines; calls on the EU and India to ensure that commitments under the FTA do not preclude access to essential medicines while India is developing its capacity in changing over from a generic to a research-based industry; supports cooperation between the EU and India in their respective research-based pharmaceutical industries, with a view to ensuring mutually beneficial growth therein;

26.  Asks the Commission not to request data exclusivity in the context of IPR negotiations, as stated in the EP Resolution of 12 July 2007, and to recognise that data exclusivity would have far-reaching consequences for the production of generic medicines and is therefore detrimental to developing countries' access to medicines and public health policy;

27.  Calls on the Commission and the Indian authorities concerned to jointly work out a common definition of counterfeit medicines in a way that would not hamper to access to essential medicines, and to coordinate action to effectively combat counterfeiting and, in particular, counterfeit medicines that are detrimental to patients health;

28.  Stresses that a high level of protection for GIs, at the latest by the time of entry into force of the FTA, is of crucial importance;

Trade and sustainable development

29.  Recognises that a sustainable development chapter is an essential part of any EU FTA and calls on both sides to agree to an ambitious chapter which reflects the common commitment to promoting sustainable development and inclusive growth on the basis of shared values; urges the Commission to include legally binding clauses on human rights, social and environmental standards and their enforcement, with measures in the event of infringement;

30.  Asks that this chapter cover, as a minimum, compliance with the ILO's eight core conventions and four priority conventions and internationally agreed environmental standards, and also provide incentives to enterprises to enter into CSR commitments;

31.  Welcomes all efforts by the Indian Government to eradicate child labour; calls on the Indian Government and the Commission to continue funding activities aimed at allowing children to go to school;

32.  Stresses the importance of ensuring that EU companies making use of Special Economic Zones respect fundamental labour rights or other labour rights based on ILO conventions that have been ratified by India;

33.  Stresses that human rights, democracy and security are essential elements of the relationship between EU and India; calls, therefore, on both sides to ensure that dialogue on open issues is stepped up, with particular reference to Kashmir;

34.  Firmly supports the practice of including legally binding human rights clauses in the EU's international agreements, with a clear and precise consultation mechanism modelled on Article 96 of the Cotonou Agreement;

The European Parliament's role

35.  Expects the Council and the Commission to present the FTA to Parliament for its consent in accordance with the Treaty on the Functioning of the European Union (TFEU)(5);

36.  Asks the Commission and the Council to take fully into account the requests of the EP expressed in this resolution before concluding the FTA; recalls that the FTA requires the EP's consent in order to come into force; calls on the Commission and the Council not to propose any provisional application of the agreement before the EP has given its consent;

Other considerations

37.  Welcomes India's progress in becoming a donor as well as a beneficiary of development aid;

38.  Points out that, if economic cooperation between the EU and India is based on a system of shared universal values, it may set a standard for cooperation with other countries;

39.  Considers that the EU must pay special attention to the small and medium-sized enterprise (SME) sector in India, and therefore suggests that in all development cooperation programmes between the EU and India, SMEs be strengthened through measures to help finance market-driven local projects;

40.  Welcomes the spread of microcredit throughout India, which has gained recognition as an effective way of creating grassroots-led development;

o
o   o

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

(1) OJ C 227 E, 21.9.2006, p. 589. (2) OJ C 117 E, 6.5.2010, p. 166. (3) OJ C 175 E, 10.7.2008, p. 591. (4) OJ C 102 E, 24.4.2008, p. 128. (5) Article 218(6)(a)(v) of the TFEU.

European Parliament resolution of 11 May 2011 on EU-Japan Trade relations

P7_TA(2011)0225 B7-0287/2011

The European Parliament,

–  having regard to its resolution of 17 February 2011 on Europe 2020(1),

–  having regard its resolution of 25 November 2010 on human rights and social and environmental standards in international trade agreements(2),

–  having regard to its resolution of 5 February 2009 on enhancing the role of European SMEs in international trade(3),

–  having regard to ?its resolution of 18 December 2008 on the impact of counterfeiting on international trade(4),

–  having regard to its resolution of 4 September 2008 on Trade in services(5),

–  having regard to its resolution of 20 May 2008 on trade in raw materials and commodities(6),

–  having regard to ?its resolution of 19 February 2008 on the EU's Strategy to deliver market access for European companies(7),

–  having regard to its resolution of 22 May 2007 on Global Europe - external aspects of competitiveness(8),

–  having regard the Communication from the Commission entitled ‘Trade, Growth and World Affairs - Trade Policy as a core component of the EU's 2020 strategy’ (COM(2010)0612),

–  having regard to the Communication from the Commission entitled ‘Global Europe: competing in the world. A contribution to the EU's Growth and Jobs Strategy’ (COM(2006)0567),

–   having regard to the Commission's report on ‘Trade and Investment Barriers’ published on 10 March 2011,

–  having regard to the joint declaration on relations between the European Community and its Member States and Japan of 18 July 1991 done at the Hague,

–  having regard to the Mutual Recognition Agreement between the EU and Japan concluded in 2001(9),

–  having regard to Agreement on Cooperation on Anti-competitive Activities between the EU and Japan concluded in 2003(10),

–  having regard the Agreement on Co-operation and Mutual Administrative Assistance in Customs Matters between the European Community and Japan concluded in 2008(11),

–  having regard to the ten-year Action Plan adopted at 10th EU-Japan Summit, held in Brussels on 8 December 2001,

–  having regard to the joint statement adopted at the 19th EU-Japan Summit, held in Tokyo on 28 April 2010,

–  having regard to the joint statement adopted at the 18th EU - Japan Summit, held in Prague on 4 May 2009,

–  having regard to the report by Copenhagen Economics entitled ‘Assessment of barriers to trade and investment between the EU and Japan’, published on 30 November 2009,

–  having regard to the results of the Commission's public consultation on EU - Japan trade relations published on 21 February 2011,

–   having regard to the European Council's conclusions of 24/25 March 2011,

–  having regard to the planned EU-Japan Summit, which should be held in Brussels on 25 May 2011,

–  having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A.  whereas the rule-based multilateral trading system, established through the World Trade Organisation (WTO), is the most suitable framework for regulating and promoting open and fair trade,

B.   whereas it is essential to understand multilateral, plurilateral and bilateral agreements as parts of a common toolbox of international affairs, and thus standard features of balanced and complementary political and trade relations,

C.   whereas the EU should remain committed to achieving a balanced outcome of the Doha Development Agenda (DDA) as its preferred approach, which would support developing countries' integration into the international trading system, while progressing in parallel with bilateral and plurilateral trade agreements with other industrialised countries where mutual benefits and economic growth can be realistically delivered in a shorter timeframe,

D.  whereas in 2009 the EU and Japan represented together more than a quarter of world GDP and more than 20% of world trade,

E.  whereas Japan and the EU are significant investors in each other's economy with a combined volume of foreign direct investment worth €200 billion in 2009,

F.   whereas in 2010 the total amount of bilateral trade between the EU and Japan, the third biggest national economy in the world in terms of GDP, was worth €120 billion; Japan being the sixth biggest trading partner for the EU, and the EU ranking third biggest trading partner to Japan,

G.  whereas both the Council and Commission have noted that Japan's capacity to remove regulatory barriers to trade is a precondition for launching negotiations on the EU-Japan FTA, thus fostering closer economic integration between the two strategic trading partners,

H.  whereas the EU and Japan are facing common challenges, such as the political and economic rise of China, economic slowdown in the aftermath of the global financial crisis, decreasing demographics, and a pressing need to access raw materials and energy sources, as well as ensuring price stability thereof, to boost their respective industries,

I.  whereas open and fair trade is a powerful tool to create more growth and societal well-being, building on the comparative advantages of each respective economy and potential synergies flowing from a greater economic integration and new inputs to a knowledge-driven economy,

J.  whereas both the EU and Japan have generally low tariffs on goods with more than two thirds of the Union's export value to Japan being duty-free and more than one third of Japan's export value to the EU,

K.  whereas despite these low tariffs, bilateral trade volumes between the EU and Japan lag behind the bulk of the EU's trade exchanges with its other main trading partners, mostly because of the negative effects of Japanese non-tariff barriers (NTBs) on market access opportunities for European businesses,

L.  whereas the Copenhagen Economics study of November 2009 estimates that the trade costs associated with non-tariff barriers are higher than the existing tariff levels and that most of the potential economic gains reside in the removal of those NTBs; whereas the study estimates potential increases in EU exports to Japan of €43 billion and €53 for Japanese exports to the EU if tariffs and non-tariff measures are reduced to their fullest possible extent,

M.  whereas the Commission in its Trade and Investment Barriers Report 2011 has identified obstacles to access to public procurement, insufficient recognition of international standards with respect to medical devices, and preferential treatment for national champions in the financial services (e.g. postal service) as three major areas of EU concern with respect to Japan's NTBs,

N.  whereas IPR protection and enforcement are judged to be of high quality in Japan; Japan and the EU share common objectives and approaches on matters related to IPR apart from on GIs, and have both committed to the plurilateral fight against counterfeiting and piracy as Anti-Counterfeiting Trade Agreement (ACTA) signatories,

O.  whereas the ICT industry is a high-added value sector and a source of growth in both the EU and in Japan, especially with respect to further development of smart products and services,

P.  whereas questions of investment and trade in services need to be raised in all trade discussions with Japan, ensuring that market opening does not compromise either European or Japanese rules on the protection of public services and cultural diversity,

Q.  reaffirming its solidarity with the Japanese people following the recent natural disasters,

1.  Considers that the multilateral trading system, embodied by the WTO, remains by far the most effective framework for achieving open and fair trade worldwide; believes that the European Union and Japan should contribute towards a successful conclusion of the DDA negotiations;

2.  Underlines that it is in favour of a free trade agreement between the EU and Japan but is not satisfied with the negligible progress in the High Level Group during the last few years; considers that Japan must make significant commitments on removing non-tariff barriers and obstacles to access to Japanese public procurement before negotiations are launched;

3.  Stresses that trade liberalisation between the EU and Japan should coexist with, rather than hinder, rules on the protection of public services and cultural diversity, and foster regulatory convergence and adherence to multilateral standards where they already exist;

4.  Stresses that it is committed to strengthening trade relations between the EU and Japan by focusing on the removal of non-tariff barriers to trade and investment, including numerous restrictive rules and regulatory measures for EU companies in accessing the Japanese market;

5.  Considers that, in trade negotiations with Japan, the Commission should concentrate, as one of its priorities, on removing those barriers and obstacles that are of greatest hindrance to market access for European SMEs;

6.  Considers that reduction or elimination of Japanese tariffs on ICT products, including their parts and components, would step up competitiveness and generate new high-quality jobs in the EU; calls, in addition, for intensified mutual cooperation between the EU and Japan in the field of R&D and especially on IPR enforcement to accelerate the sharing of information on patents between the respective patent offices;

7.  Considers that the Commission's level of ambition in respect of the EU-Japan FTA, and especially increasing market access for European businesses, should be complemented by jointly agreed comprehensive sustainable development commitments;

8.  Emphasises that the EU-Japan FTA would not only yield benefits in terms of an increase in the bilateral trade in goods and services, but also foster cooperation on the EU's horizontal priorities, such as cooperation in the field of innovation, regulatory cooperation and the fight against market abuse, and, last but not least, cooperation on tackling broad environmental challenges;

9.  Calls on the Member States and the Commission, in all trade discussions with Japan, to support and promote initiatives aimed at promoting human rights and social and environmental standards;

10.  Is of the opinion that a comprehensive sustainability and impact assessment is paramount to an overall assessment of EU-Japan trade relations; asks the Commission to present in due time such an assessment, detailing in particular the possible advantages and disadvantages of reinforced trading relations between the EU and Japan for all sectors involved, and in particular for all industrial sectors and those which are more sensitive, such as the automotive, electronics, aviation and machinery sectors;

11.  Recommends that effective bilateral safeguard measures be included in the design of an EU-Japan FTA to prevent a surge in imports that would cause, or threaten to cause, serious injury to EU and Japanese industry, especially in sensitive sectors such as the automotive, electronics, aviation and machinery industries;

12.  Expresses its conviction that the EU-Japan FTA has the potential to lead to a win-win situation, beneficial for both economies;

13.  Emphasises that Parliament will be asked to give its consent to the potential EU-Japan FTA;

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

(1) Texts adopted, P7_TA(2011)0068. (2) Texts adopted, P7_TA(2010)0434. (3) OJ C 67 E, 18.3.2010, p. 101. (4) OJ C 45 E, 23.2.2010, p. 47. (5) OJ C 295 E, 4.12.2009, p. 67. (6) OJ C 279 E, 19.11.2009, p. 5. (7) OJ C 184 E, 6.8.2009, p. 16. (8) OJ C 102 E, 24.4.2008, p. 128. (9) OJ L 284, 29.10.2001, p. 3. (10) OJ L 183, 22.7.2003, p. 12. (11) OJ L 62, 6.3.2008, p. 24.

European Parliament resolution of 11 May 2011 on the Commission Green Paper on forest protection and information in the EU: preparing forests for climate change (2010/2106(INI))

P7_TA(2011)0226 A7-0113/2011

The European Parliament,

–  having regard to the Commission Green Paper on forest protection and information in the EU: preparing forests for climate change (COM(2010)0066),

–  having regard to the Council conclusions of 11 June 2010 on preparing forests for climate change,

–  having regard to the Council conclusions of 15 March 2010 on biodiversity post-2010,

–  having regard to the Commission White Paper on ‘adapting to climate change: towards a European Framework for action’ (COM(2009)0147) and to its resolution of 6 May 2010(1) thereon,

–  having regard to the Ministerial Conference for the Protection of Forests in Europe (MCPFE) - FOREST EUROPE, its various resolutions and its expert work in providing guidelines, criteria and indicators for sustainable forest management (SFM),

–  having regard to the Council resolution of 26 February 1999 on a Forestry Strategy for the EU(2) and the Commission report on its implementation (COM(2005)0084),

–  having regard to the EU Forest Action Plan 2006-2011 (FAP) (COM(2006)0302) and the mid-term external evaluation of its implementation(3),

–  having regard to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds(4), the Composite Report on the Conservation Status of Habitats and Species as required under Article 17 of the Habitats Directive (COM(2009)0358) and its resolutions of 21 September 2010 on the implementation of EU legislation aiming at the conservation of biodiversity(5) and of 3 February 2009 on wilderness in Europe (6),

–  having regard to the conclusions of the UNEP COP10 Conference on Biological Diversity in Nagoya in October 2010 and the Aichi biodiversity targets, particularly the commitment to protect 17 % of terrestrial and inland water areas through effective conservation measures, integrated into the wider landscapes,

–  having regard to the study entitled ‘Shaping forest communication in the European Union: public perceptions of forests and forestry’(7),

–  having regard to the United Nations Framework Convention on Climate Change (UNFCCC), the Kyoto Protocol and the Intergovernmental Panel on Climate Change (IPCC) report on ‘Good Practice Guidance for Land Use, Land Use Change and Forestry (LULUCF)’,

–  having regard to the EU biomass action plan (COM (2005)0628),

–  having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (Renewable Energy Directive)(8), Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (the ETS Directive)(9), Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community's greenhouse gas emission reduction commitments up to 2020 (the Effort Sharing Decision)(10), the Commission report on sustainability requirements for the use of solid and gaseous biomass source in electricity, heating and cooling (COM (2010)0011), the IPCC 4th Assessment Report, Chapter 9: Forestry, and the results of public consultation on the preparation of a report for a sustainability scheme for energy uses of biomass,

–  having regard to the European Climate Change Programme and the work carried out by the expert group on climate policy for LULUCF(11),

–  having regard to its studies No 449.292, assessing the Green Paper on forest protection and information in the EU, No 440.329 on forestry and the EU Emissions Trading Scheme, and No 449.237, on the European strategy for the prevention of and fight against forest fires, as well as the conclusions of the meeting of 13 July 2010 in Brussels of the Forestry Subgroup of the ‘Climate change, Biodiversity and Sustainable Development’ Intergroup,

–  having regard to the European Landscape Convention of 2000 (the Florence Convention),

–  having regard to Council Directive 1999/105/EC on the marketing of forest reproductive material(12) and the review of the EU Plant Health Regime,

–  having regard to the synthesis report by TEEB (The Economics of Ecosystems and Biodiversity) on ‘Mainstreaming the Economics of Nature’ and the TEEB Climate Issues Update,

–  having regard to the Council conclusions of 26 April 2010 on prevention of forest fires within the European Union,

–  having regard to the Council conclusions of 8 and 9 November 2010 on innovative solutions for financing disaster prevention,

–  having regard to Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law(13),

–  having regard to the report on the final implementation of the Forest Focus Regulation (COM(2010)0430),

–  having regard to the European Environment Agency (EEA) Technical Report No 9/2006, ‘European forest types: Categories and types for sustainable forest management reporting and policy’,

–  having regard to the report to the Commission DG for Agriculture and Rural Development entitled ‘Impacts of Climate Change on European Forests and Options for Adaptation’(14),

–  having regard to the 2009 report to the Commission DG for Environment entitled ‘EU policy options for the protection of European forests against harmful impacts’(15),

–  having regard to the European Court of Auditors Special Report No 9/2004 on ‘Forestry Measures within Rural Development Policy’ (together with the Commission's replies),

–  having regard to Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market(16),

–  having regard to the recommendations of the FAO/UNECE/ILO Experts Network on implementing sustainable forest management,

–  having regard to MCPFE Helsinki Resolution H1 defining SFM as ‘the stewardship and use of forests and forest lands in a way, and at a rate, that maintains their biodiversity, productivity, regeneration capacity, vitality and their potential to fulfil, now and in the future, relevant ecological, economic and social functions, at local, national, and global levels, and that does not cause damage to other ecosystems’,

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

–  having regard to the report by its Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Agriculture and Rural Development and the Committee on Industry, Research and Energy (A7-0113/2011),

A.  whereas forests and wooded land cover more than 42 % of the EU's surface, and forest-based industries, with a turnover of more than EUR 300 billion, provide more than 2 million, mostly rural, jobs, contributing to economic growth, jobs and prosperity through the provision of timber and opportunities for tourism,

B.  whereas EU forests make up totalities of biospheres comprising not merely trees, providing invaluable ecosystem services including carbon storage, watercourse regulation, landscape preservation, maintenance of soil fertility, protection of soil from erosion and desertification, and protection from natural disasters, all of which are of great significance to agriculture, rural development and the quality of life of European citizens,

C.  whereas around 40 % of the EU's forests are under public ownership and around 60 % of the EU's forests are owned by more than 10 million private forest owners, so that both private and public stakeholders have a responsibility for forest protection and the sustainable use of forests through the implementation of SFM on the ground,

D.  whereas, despite alarming deforestation rates in various parts of the world, the long-term trend of increasing forest coverage in the EU is stable, and carbon in woody biomass is estimated to be expanding; whereas, despite the generally positive trend, carbon storage in forests across Europe remains far below natural capacity and could reverse to a source, as pressure to increase harvesting levels is increasing and approximately 500 000 hectares of EU forest are lost every year as a result of forest fires and illegal logging,

E.  whereas 30 % of NATURA 2000 sites are forest and other wooded-land habitats, playing an important role as links in the network of biotopes; and whereas 66 % of forest ‘habitat types of Community interest’ have unfavourable conservation status,

F.  whereas mountain forests account for one third of the total forest area in the EU and are essential to the natural landscape as they help in soil protection and regulating water supply; whereas these forests play a fundamental role in local economic activity,

G.  whereas protection of the last remaining wilderness areas can contribute to the halting of biodiversity loss and of the degradation of ecosystem services in the EU by 2020,

H.  whereas energy generation from solid biomass and biowaste is projected to be 58 % of EU renewables by 2020 and, while forestry biomass share is expected to decrease in relative terms, there is a steadily increasing demand for timber as a source of energy; whereas vigilance is therefore necessary to prevent illegal logging and the intensification of forestry practices that could increase the ratio of felling to increment to over 100 % in some Member States, counteracting climate-change and biodiversity objectives; whereas energy from biomass should be less dependent on forest biomass,

I.  whereas forest protection and protection of forests' functions should be mainstreamed in all EU policies affecting forests,

J.  whereas forests constitute live and evolutionary ecosystems, often cutting across state borders, which may be classified in different ways such as by bioclimatic zones or forest types, and whereas, in order to guide EU policy decisions, the EEA has developed a specific forest nomenclature; whereas the latest scientific achievements from all fields, such as the ‘continental divide’, should be taken into account in EU policies affecting forests, and those policies should avoid the risk of being too broad to be useful,

K.  whereas different forest types and the forestry sector face different and unpredictable biotic and abiotic threats from climate change, such as pests, storms, drought and fire, rendering forest resilience the cornerstone of protection efforts,

L.  whereas solid and comparable information on the state of EU forests and the consequences of climate change and production patterns in forests is an important precondition for policy and planning, including on forests' contribution to climate-change mitigation and adaptation,

M.  whereas wildfires and arson, often carried out for ulterior motives, destroy more than 400 000 hectares of forest per year, especially but not exclusively in the Mediterranean region, at great cost to human life, property, employment, biodiversity and the protective functions of forests; whereas regeneration after fire is especially difficult for all forests, and in the case of the NATURA 2000 network, hinders attainment of the network's objectives,

N.  whereas the above-mentioned White Paper on adapting to climate change includes forests as one of the key areas of action, stressing that the EU forestry strategy should be updated to include aspects linked to climate change,

O.  whereas only 5 % of the European forest area is old-growth, primary and undisturbed by human activity; whereas the small share of this type of forest, in combination with increased fragmentation of the remaining stands of all forest types, increases the susceptibility of forests to climate threats, and partially explains the continuing poor conservation status of many forest species of European concern,

P.  whereas enhancement of forests' protective functions should form part of the EU and Member States' strategies for civil protection, especially in the face of climate-related extreme phenomena such as fires and floods,

Q.  whereas the TEEB report has presented a compelling cost-benefit case for public investment in ecosystem-based approaches to climate-change adaptation and mitigation, particularly with regard to green infrastructure, such as restoring and conserving forests,

R.  whereas diverse national, regional and local forest management systems must be respected as well as assisted, in order to enhance their adaptive capacity,

S.  whereas the capacity of European forests to act as effective sinks for CO2, NH3 and NOX is still underexploited, and wood originating from sustainably managed forests may have sustained mitigation benefits, serving as a recyclable, carbon-rich substitute for energy intensive materials such as metal alloys, plastics and concrete that are widely used in construction and other industries,

T.  whereas, according to data gathered by the Commission, summer warm-up in Southern Europe will be twice as fast as in the rest of Europe and summer precipitation in the South will decrease by 5 % per decade,

U.  whereas the EU FAP has four goals: improving long-term competitiveness, protecting the environment, contributing to quality of life and fostering coordination, and whereas significant progress has been made mainly in achieving the first goal,

V.  whereas the Forest Europe process has achieved a voluntary European consensus on Sustainable Forest Management; whereas the existing context for SFM lacks full recognition and consistent implementation;

W.  whereas, as part of the Forest Europe process, comprehensive preparations have been made for negotiations on a legally binding instrument, and whereas decisions on such an instrument can be expected at the next conference in Oslo in June 2011,

X.  whereas the Forest Fire Prevention(17) and Forest Focus Regulations(18) have expired, resulting in ad hoc reporting and inadequate funding,

Y.  whereas genetic selection should seek, and be geared to improving, the adaptability of the forest ecosystem,

Z.  whereas more information is needed about the influence of forests on weather patterns at European level,

AA.  whereas the above-mentioned 2009 report to the Commission on ‘EU policy options for the protection of European forests against harmful impacts’ identified and studied four policy options, covering continuation of the current approach, the open method of coordination, increased monitoring and the introduction of a forest framework directive,

1.  Welcomes the Commission Green Paper on forest protection and information in the EU: preparing forests for climate change; considers that the EU strategy on forests should be strengthened with a view to improving sustainable management and conservation, in accordance with the subsidiarity and proportionality principles;

2.  Emphasises, however, that pursuant to Article 5 of the Treaty on European Union, the EU may act in areas where, demonstrably, the objectives of the proposed action cannot be sufficiently achieved by the Member States;

3.  Welcomes the Commission's view that forests should be seen as a major contributor to solving the climate crisis; emphasises that sustainable forest management is of pivotal importance in the EU achieving its climate goals and delivering necessary ecosystem services such as biodiversity, protection against natural disasters, and capturing of CO2 from the atmosphere;

4.  Recalls that forests make up biospheres comprising much more than trees, and that their resilience thus depends on the biological diversity not only of trees but of all forest organisms, particularly wild animals living in the forest, and that forests are essential for the adaptation of European societies to climate change;

5.  Recalls that forests are the main repository of carbon and have a vital role to play in the fight against climate change; stresses that it is therefore vital for the EU to reinforce its strategy for combating the factors causing deterioration of forests, such as fires and atmospheric pollution;

6.  Is convinced that ecological sustainability is the prerequisite for continuation of the economic and social functions of EU forests;

7.  Underlines the role that forest biodiversity plays in adaptating to climate change and the need to improve knowledge about forest biodiversity indicators – including in particular forest genetic capacity – in the interests of better adaptation;

8.  Congratulates the Commission on the exhaustive analysis of biotic and abiotic threats in its Green Paper, and draws attention to the need to examine, in addition, other factors directly linked to the impact of climate change on forests, such as defoliation, recalling that the defoliated treetop surface in southern European forests has doubled in the last 20 years, resulting, in terms of direct consequences, in reduced capacity and efficiency in the carbon-fixing processes and in the reduction of forests' tempering effect in periods of drought or heatwaves, due to trees' premature loss of leaves;

9.  Recognises the important contributions made to sustainable forestry by existing global certification schemes, such as the Forest Stewardship Council (FSC) and the Programme for the Endorsement of Forest Certification Schemes (PEFC);

The EU Forestry Strategy and Forest Action Plan

10.  Stresses that the above-mentioned EU Forestry Strategy and Forest Action Plan should be updated to include the climate-change dimension and wider forest protection issues; recalls that a comprehensive forest policy debate with the Member States and all stakeholders affected by the implementation of the proposed measures must precede any such review;

11.  Welcomes the success of EU efforts to achieve global competitiveness for European forest-based industries;

12.  Calls on the Commission and Member States to intensify efforts to achieve the environment and quality-of-life goals of the FAP, the implementation of which is currently lagging behind;

13.  Calls on the Commission to conduct an analysis of EU policies impacting on EU forests in order to examine whether they are coherent and guarantee forest protection;

14.  Calls on the Commission to conduct an analysis of the funding currently available for forests and forestry and to reallocate existing funds which impact negatively on forest biodiversity, in line with the above-mentioned Council conclusions of March 2010;

15.  Calls on the Commission and Member States to step up implementation of the actions set out in the Commission Communication of 27 February 2008 on innovative and sustainable forest-based industries in the EU (COM(2008)0113), taking into consideration that excessive regulation may make timber products less competitive compared to non-renewable and energy intensive materials;

16.  Stresses that measures for forest protection should reflect the cross-border nature of biotic and abiotic threats, according to their type, bioclimatic zone and regional conditions; stresses, further, that action to support, coordinate and supplement policy initiatives by the Member States and regions should be taken where the EU possesses added value, and in accordance with the forest nomenclature developed by the EEA;

17.  Stresses that forest protection depends on long-term commitment on the part of Member States, the regions, forest-based industries and both public and private forest owners;

18.  Considers that the northern Boreal forests (taiga) and the Mediterranean forests are of immense value in terms of European biodiversity and as sinks of atmospheric carbon, and should benefit from enhanced protection;

19.  Considers that long-term forest planning should be flexible, adaptive and participative, taking into account all conceivable scenarios, allowing for consideration of multiple options for future development, and providing a realistic and reliable basis for management decision support; considers, further, that at EU level this should take the form of a permanent ‘Forest Forum’ to ensure long-term forest protection;

Sustainable forest management

20.  Welcomes the success of Forest Europe in enhancing SFM and achieving European consensus on SFM guidelines, criteria and indicators; notes however that the existing context of SFM, lacks consistent implementation;

21.  Recalls that the aim of SFM is to reconcile production and protection aspects of forests, ensuring the continuity of their economic, social and environmental functions, in accordance with national, regional and local priorities; notes with concern that the growing trend to consider forests only from an economic perspective, forgetting their environmental and social aspects, is incompatible with the principles of SFM;

22.  Calls for the Commission to make proposals to complement the above-mentioned Timber Regulation (EU) 995/2010 to ensure that all timber or timber products placed on the European market are sourced from sustainably managed forests;

23.  Encourages the Member States and the Commission to continue their efforts to stamp out illegal logging and the trade in timber thus produced, as by so doing they will help to combat deforestation, forest degradation and biodiversity loss;

24.  Calls for a strengthening of the link between national forest programmes (NFPs) and the FAP through structured reporting to the Standing Forestry Committee;

25.  Considers that SFM is essential to the continuing ability of EU forests to carry out economic, ecological and social functions; calls on the Commission and Member States to demonstrate their support for the Forest Europe process by making SFM implementation mandatory within the EU; considers, further, that such a commitment would help assimilate sustainability principles into forestry and serve as the best possible support for the Forest Europe process and the legally binding agreements being considered by Forest Europe and the United Nations Forum on Forests;

26.  Advocates full implementation of active SFM in the context of long-term NFPs incorporating national and regional priorities, measurable targets and evaluation criteria and taking account of the increased threats to forests from climate change;

27.  Stresses that rural development plans and operational programmes should not be considered as equivalent to NFPs; calls on the Commission and Member States to ensure that NFPs take into account the conclusions and recommendations of the studies on the impact of climate change on water resources, ecosystems and biodiversity, and that rural development strategies and programmes are consistent with forest programmes, biodiversity strategies and renewable energy action plans;

28.  Notes that genetic diversity, natural regeneration and diversity in structure and species mixture among all organisms living in the forest are common elements in forest adaptation options, cutting across all bioclimatic zones, sustainable management systems and forest types; notes further that SFM guarantees economic viability for commercial forests but does not impose it in the case of those forests with primary functions other than the production of timber;

29.  Considers that long-term forest protection depends upon establishing or sustaining forest ecosystems with highly diverse tree composition, age and structure;

30.  Calls on the Commission to put forward recommendations on ways of adapting national civil protection systems to cope with the impact of climate change on forests; particularly urges the Commission to take action to expand the European Forest Fire Tactical Reserve in terms of resources and capacity;

31.  Warns against unrestricted commercial exploitation of forest resources, which, particularly in the case of natural forests, very often leads to their irreversible destruction;

32.  Considers that, given their importance in CO2 sequestration, agro-forestry trees should be considered in the same way as non-productive traditional woodlands in relation to the fight against climate change;

General proposals

33.  Calls on the Commission to proceed with the drafting of a White Paper on Forest Protection in the EU, taking into account the results of the public consultation on the Green Paper, the widely perceived need to be prepared for climate change, the policy options study and the adaptation options study; considers that the White Paper, in addition to confirming the contribution of forests to the economy through wood and non-wood forest products and services, should focus on maintaining and increasing European forests, as they help European societies to mitigate climate change and adapt to its effects; considers further that a higher level of protection must be ensured for high-quality habitats and protective forests with functions in countering flooding, landslides, fires, desertification, loss of biodiversity and extreme weather catastrophes; considers adequate financial resources, knowledge exchange and the promotion of research and information to be indispensable aspects of the Commission's proposals;

34.  Reaffirms its view on the need for increased levels of funding for EU forest protection measures, through the rural development pillar of the Common Agriculture Policy (CAP); points out that the new challenges entailed in climate change make it plain that forest protection requires greater funding and that new forms of assistance may be required;

35.  Urges the Commission carefully to study, and to report to Parliament and the Council on, options for payment for ecosystem services that acknowledge their economic value and reward forest biodiversity conservation and the restoration of forest ecosystems; points out that it is important that business recognises the credibility, publicity and other financial benefits that flow from its involvement in biodiversity conservation and forest protection;

36.  Urges the Commission to present a legislative proposal for forest fire prevention, incorporating funding for prevention plans and risk assessment, the European Forest Fires Information System (EFFIS), fire detection, infrastructure, training and education, and forest recovery after fires, including consideration of a 30-year ban on building on land where there has been a forest fire;

37.  Urges the Commission to submit a legislative proposal prohibiting building on land cleared by fires proven to have resulted from arson;

38.  Calls for the removal of legal obstacles to sustainable management;

39.  Points to the need to lay down the financial framework required to boost forest firefighting, and also calls for greater flexibility to be brought to mobilisation of the Solidarity Fund;

40.  Urges the Commission to present a legislative proposal on forest information, taking into account climate threats and the need for collection and dissemination of relevant, harmonised and comparable data on forest cover, biodiversity, biotic and abiotic threats and land use in the context of the UNFCCC, CBD and environmental accounts; calls further on the Commission to compile and monitor indicators relating to the protective functions of forests such as soil retention and water capacity;

41.  Calls on the Commission to support research into the influence of forests on regional weather patterns in the EU, so as to inform forest management strategies with regard to changes in the size, composition and location of forests and the impact of such changes;

42.  Asks the Commission and Member States to develop and disseminate best-practice guidelines based on the principles of sustainable management to fit the needs of private and state owners as well as local communities, in order to ensure resilience to climate change; notes further the importance of exchanging best practice on how companies and sectors of industry can contribute to biodiversity targets and enhance life-cycle thinking, and how they can build the link between biodiversity conservation and revenue generation; highlights the need to reinforce communication and information policy in order to ensure the sustainable management of forests, to inform the public and to encourage the use of sustainable wood;

43.  Stresses the need to enhance coordination and information efforts with regard to forest protection; takes the view that greater efforts are needed to ensure that internal EU measures are consistent with external policy statements concerning forests (cooperation, development, exotic wood trade, etc.);

44.  Considers that forests are part of mankind's collective cultural and environmental heritage and that remarkable trees should be protected whether they are located within or outside forests; in this regard, calls on the Commission and Member States to devise appropriate strategies for their protection, including the consideration of ‘Forest Heritage Observatories’; further, encourages Member States, in the context of their national policies, to promote equal and public access to forests and nature areas, recognising that the right of public access to forests and nature areas (allemansrätten) as practised in certain Member States brings many benefits in terms of democratic access for recreation, appreciation of ecosystems and respect for natural heritage;

45.  In order to achieve the objectives of the EU 2020 strategy with regard to national forest action plans, requests that each Member State or region develop a forest strategy which includes reafforestation of river banks, the capture of rainwater, agricultural activities and research results for selection of the traditional plant and tree varieties and species best adapted to drought;

Research on forests

46.  Emphasises that, although Europe possesses undeniable know-how about forestry, which stems from long-standing traditional forestry practices, financial resources for research into the impact of climate change on forests need to be increased; is of the opinion that, in view of the scientific uncertainty surrounding the timescale and extent of the threats to forests in different areas, it is necessary to earmark funding for climate research according to specific needs and solutions applicable to different bioclimatic zones, so as to improve the relevant knowledge base;

47.  Asks the Member States to set up joint long-term research programmes to improve understanding of impacts and vulnerability and to support adaptation measures in the forest sector; calls on the Commission to promote the inclusion in the multiannual framework for research and technological development of projects relating to the knowledge of forest ecosystems and their capacity for adapting to the consequences of climate change;

48.  Calls on the Commission to draw up an action plan to protect EU forests in order to forestall the adverse impact of proliferation of insects and diseases caused by climate change;

49.  Calls on the Member States to drive forward research into climate change and its consequences for forests; to foster broader awareness of the diverse significance of forests and the importance of managing them sustainably; to support initial and in-service training for forestry employees, focusing on areas of expertise expected to be required as a result of climate change (the promotion of diversity, damage prevention and recovery); and to encourage the exchange of knowledge and experience;

50.  Considers that, given the need for effective research into the ‘defence potential’ of forest ecosystems, for prognostic research and for research into strategies for mitigating the effects of climate change for the entire forestry and timber sector, coordination and funding at EU level is required;

CAP Pillar 2

51.  Points out that discussions on the future of the CAP after 2013 should take account of the fact that forests provide essential environmental functions and contribute to achievement of the social and economic objectives of rural development and national economies; calls therefore on Member States and regions to cooperate fully with forest authorities and the wider public in the preparation of rural development programmes to ensure consistency between EU policies, taking into account that forestry may, in some cases, be an independent sector of the rural economy;

52.  Recalls that forests play a key role in the provision of socio-economic and environmental public goods for the well-being of society and for development, particularly in rural areas; calls on the Commission to devise a policy approach which recognises this role, while respecting owners' property rights;

53.  Welcomes the fact that the latest Commission Communication on CAP reform(19) recognises the important roles that farmers play as indispensable actors in forest fire prevention, as stewards of forest ecosystems who protect them from threats to biodiversity – such as pests – and, above all, as territorial mainstays, since the continuation of their livelihood is the most effective way of averting depopulation;

54.  Maintains that rural producers, producer groups and public bodies should be made eligible for forestry measures in the second pillar of the CAP; considers that the EU should continue to provide aid for forestation under the national rural development programmes, while making sure that these initiatives do not interfere with the market and that forestation measures rely on local, pest-resistant and fire-resistant material and contribute to biodiversity conservation; stresses further that forestation efforts must prioritise tree species which considerably improve the quality of soil and biodiversity, while respecting the characteristics of the location of planting, native species and the need for mixed forests;

55.  Draws attention, as the Council did in its conclusions of 11 June 2010, to the fact that serious problems can arise from forest abandonment insofar as it may no longer be possible to ensure that forests continue to perform their functions;

56.  Considers it necessary to encourage and support the setting up of associations of producers and forest management bodies practising SFM, particularly in areas characterised by small forests, as this will help to balance the supply of the many goods and services that forests can provide; considers that such associations and bodies would strengthen producers' bargaining power in the timber supply chain, helping to provide and create a level playing field while contributing simultaneously to tackling the problems of the economic crisis, international competition and climate change and combating illegal logging;

57.  Maintains that assistance to public and private actors protecting forest biodiversity of species, habitats and ecosystem services must increase and include voluntary protection methods and areas connecting NATURA 2000 sites, as biodiversity is vital to the maintenance, development and adaptation of agriculture;

58.  Calls for the invoice-based system of remuneration to be replaced by a system of standard or area-based costs;

59.  Calls for the development of a standard for good forestry practices to be used as a baseline for support under all forest measures;

60.  Calls for the mandatory inclusion of forest environment and Natura 2000 measures in rural development programmes, and for area-based support for the Natura 2000 network under direct payments;

61.  Calls for the inclusion of a new CAP measure for ‘in-situ and ex-situ conservation of source-identified forest genetic material’;

62.  Strongly rejects the application of intellectual property rights over forest genetic resources;

63.  Urges the Commission and Member States to guarantee the long-term horizons of forestry and forest protection projects in all EU financing;

Civil protection and fire prevention

64.  Is convinced that preventing forest fires is much more cost-effective than combating them;

65.  Draws attention to the urgent need to implement the recommendations on the prevention of natural or human-made disasters which it recently adopted(20), especially those concerning support for afforestation/reafforestation schemes giving preference to local species and mixed forests, in the interests of biodiversity and improved resistance to fires, storms and diseases; also draws attention to the added difficulties faced by islands and the outermost regions in tackling fires; calls for such regions to be given special treatment through the various financial instruments available, including the Solidarity Fund;

66.  Considers that forest fire prevention through landscape planning and connectivity, infrastructure and training should be firmly anchored in the EU's forest protection, adaptation and civil protection policies;

67.  Points out that, in arid areas and regions at risk of desertification, reafforestation with productive species will benefit the inhabitants and secure their involvement in the tasks of conservation and firefighting;

68.  Stresses the indisputable importance for public safety of forest areas which protect human habitats from the negative impact of natural phenomena;

Emissions reporting and accounting

69.  Considers that the Emissions Trading Scheme (ETS) in its current form is incompatible with LULUCF accounting, primarily as a result of the difference between annual compliance requirements for industrial installations under the ETS and the longer timescales required for carbon stock changes in landholdings to occur and be observed; and therefore no linkage should be made; in this regard, calls on the Commission to reconsider how best to provide funding for carbon savings from LULUCF activities;

70.  Acknowledges the challenges associated with any consideration of inclusion of LULUCF in Member States' targets under the Effort Sharing Decision; is concerned in particular that differences in accounting precision and a large degree of natural variation could undermine the compliance regime under that Decision; calls therefore for separate targets for the LULUCF sector;

71.  Expresses its commitment to meeting the EU 2020 renewable energy target and the 2 degree Celsius climate-change target; is concerned however that the short time-frames used in the current greenhouse gas (GHG) calculation methodology, and the resulting carbon neutrality assumption for woody biomass, could hinder their achievement; calls on the Commission to consult the IPCC and establish a new GHG calculation methodology, controlling for longer time horizons and for biomass emissions from land use, land use change and forest management assessing carbon flow on a national level, and integrating the different phases in forestry (planting, thinning and harvesting);

72.  States that the current ‘biofuel’ criteria developed by the Commission are not suitable in the case of biomass and calls for the development of new legally binding sustainability criteria for biomass promoted for the use of energy; states that the Commission should consult the work and the findings of Forest Europe so as to develop criteria which factor in possible risks of distortion in the renewable energy market, do not rely on the carbon neutrality assumption, address indirect emissions, and do not undermine the EU 2020 renewable energy and biodiversity targets; notes that detailed implementation of the criteria should be left to the local level, taking into account site-specific conditions;

73.  Calls for the application of forest definitions based on an ecological forest classification such as the one proposed by the EEA in 2007, so as to be able to differentiate between carbon-rich old forests, intensively managed monocultures and other forest types, including Mediterranean shrub, according to biomes and stages of succession;

74.  Stresses the importance of protecting the diversity of forests at all stages of succession within the EU, in order to ensure biodiversity of and within forests, as each stage of succession creates conditions for the following, and without concerted protection at all the various stages succession in the latter stages will be severely endangered;

External dimension

75.  Calls on the Commission and Member States to work internationally to establish a new UN definition of forests which clarifies natural forest definitions on a biome basis and distinguishes between native forests and those dominated by tree monocultures and non-native species; notes, in this respect that – the EU being the biggest public aid donor to developing countries (with the forest sector receiving more than EUR 600 million in 2003) – this definition would greatly enhance policy coherence and ‘value for money’; regrets that the Green Paper fails to register progress on the need to coordinate EU actions within and outside the Union and to achieve a global legally binding agreement under the UN Forum on Forests;

76.  Notes the importance of global cooperation, at both administrative and research level, on standard setting, best practices and transfers of technology and scientific know-how, especially in the context of the REDD (Reducing Emissions from Deforestation and Forest Degradation) system; also points out that fair sharing of the benefits of the REDD system cannot be achieved without active cooperation and the exchange of best practices; stresses the importance of the GMES (Global Monitoring for Environment and Security) programme in the charting, surveillance and recording of forest areas at European and international level and the contribution that the information thus gathered can make to the UN negotiations on climate change;

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

(1) OJ C 81 E, 15.3.2011, p.115. (2) OJ C 56, 26.2.1999, p.1. (3) Service Contract No. 30-CE-0227729/00-59. (4) OJ L 20, 26.1.2010, p.7. (5) Texts adopted, P7_TA(2010)0325. (6) OJ C 67 E, 18.3.2010, p.1. (7) Tender No AGRI-2008-EVAL-10 // Framework Contract No. 30-CE-0101908/00-50. (8) OJ L 140 5.6.2009, p. 16. (9) OJ L 140, 5. 6. 2009, p. 63. (10) OJ L 140, 5.6.2009, p. 136. (11) Report of 16/9/2010. (12) OJ L 11, 15. 1. 2000, p. 17 (13) OJ L 328, 6.12.2008, p. 28. (14) AGRI-2007-G4-06. (15) ENV.B.1/ETU/2008/0049. (16) OJ L 295, 12.11.2010, p. 23. (17) Council Regulation (EEC) No 2158/92 of 23 July 1992 on protection of the Community's forests against fire, (OJ L 217, 31.7.1992, p. 3). (18) Regulation (EC) No 2152/2003 of the European Parliament and of the Council of 17 November 2003 concerning monitoring of forests and environmental interactions in the Community (Forest Focus), (OJ L 324, 11.12.2003, p. 1). (19) Commission Communication of 18 November 2010 entitled ‘The CAP towards 2020:Meeting the food, natural resources and territorial challenges of the future.’ (COM(2010)0672). (20) European Parliament resolution of 21 September 2010 on the Commission communication: A Community approach on the prevention of natural and man-made disasters (P7_TA(2010)0326).