Index 
Texts adopted
Tuesday, 3 July 2012 - Strasbourg
Insurance and Reinsurance (Solvency II) ***I
 Association of overseas countries and territories with the European Community *
 Evolution of EU macro-regional strategies: present practice and future prospects, especially in the Mediterranean
 Single European railway area ***II
 Recording equipment in road transport ***I
 Customs enforcement of intellectual property rights ***I
 Implementation of EU water legislation
 eCall: a new 112 service for citizens
 Attractiveness of investing in Europe
 Trade aspects of the Eastern partnership
 Electronic signature of amendments (interpretation of Rule 156(1) of Parliament's Rules of Procedure)

Insurance and Reinsurance (Solvency II) ***I
PDF 197kWORD 23k
Resolution
Text
European Parliament legislative resolution of 3 July 2012 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/138/EC on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) as regards the dates of its transposition and application and the date of repeal of certain Directives (COM(2012)0217 – C7-0125/2012 – 2012/0110(COD))
P7_TA(2012)0267A7-0198/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0217),

–  having regard to Article 294(2) and Articles 53(1) and 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0125/2012),

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

–  having regard to the undertaking given by the Council representative by letter of 20 June 2012 to approve Parliament's position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rules 55 and 46(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Economic and Monetary Affairs (A7-0198/2012),

A.  Whereas for reasons of urgency it is justified to proceed to the vote before the expiry of the deadline of eight weeks laid down in Article 6 of Protocol No 2 on the application of the principles of subsidiarity and proportionality;

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 3 July 2012 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council amending Directive 2009/138/EC (Solvency II) as regards the date for its transposition and the date of its application, and the date of repeal of certain Directives

P7_TC1-COD(2012)0110


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2012/23/EU.)


Association of overseas countries and territories with the European Community *
PDF 190kWORD 30k
European Parliament legislative resolution of 3 July 2012 on the proposal for a Council decision amending Council Decision 2001/822/EC on the association of the overseas countries and territories with the European Community (COM(2012)0061 – C7-0054/2012 – 2012/0024(CNS))
P7_TA(2012)0268A7-0169/2012

(Special legislative procedure – consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2012)0061),

–  having regard to Article 203 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0054/2012),

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

–  having regard to the report of the Committee on Development (A7-0169/2012),

1.  Approves the Commission proposal;

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

3.  Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

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


Evolution of EU macro-regional strategies: present practice and future prospects, especially in the Mediterranean
PDF 217kWORD 67k
European Parliament resolution of 3 July 2012 on the evolution of EU macro-regional strategies: present practice and future prospects, especially in the Mediterranean (2011/2179(INI))
P7_TA(2012)0269A7-0219/2012

The European Parliament,

–  having regard to the MED operational programme 2007–2013 adopted by the Commission in December 2007,

–  having regard to the ENPI Mediterranean Sea Basin Programme for cross-border cooperation 2007–2013, adopted by the Commission on 14 August 2008,

–  having regard to Arco Latino's strategic plan 2010–2015 entitled ‘A structured and innovative Mediterranean’,

–  having regard to its resolution of 6 July 2010 on the European Union Strategy for the Baltic Sea and the role of macro-regions in the future cohesion policy(1),

–  having regard to its resolution of 22 September 2010 on the European strategy for the economic and social development of mountain regions, islands and sparsely populated areas(2),

–  having regard to the Commission communication of 9 November 2010 entitled ‘Conclusions of the fifth report on economic, social and territorial cohesion: the future of cohesion policy’ (COM(2010)0642),

–  having regard to the Commission communication of 8 December 2010 entitled ‘European Union Strategy for the Danube Region’ (COM(2010)0715) and the indicative action plan accompanying the strategy (SEC(2009)0712),

–  having regard to its resolution of 17 February 2011 on the implementation of the EU Strategy for the Danube Region(3),

–  having regard to the ARLEM report of 29 January 2011 on the territorial dimension of the Union for the Mediterranean – recommendations for the future,

–  having regard to its resolution of 7 April 2011 on the review of the European Neighbourhood Policy – Southern Dimension(4),

–  having regard to the report of 22 June 2011 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Implementation of the EU Strategy for the Baltic Sea Region (EUSBSR) (COM(2011)0381),

–  having regard to its resolution of 23 June 2011 on Objective 3: a challenge for territorial cooperation – the future agenda for cross-border, transnational and interregional cooperation(5),

–  having regard to the conclusions of the European Council of 23 and 24 June 2011 endorsing the European Union Strategy for the Danube Region and inviting the Member States to continue working in cooperation with the Commission on possible future macro-regional strategies, in particular as regards the Adriatic and Ionian region,

–  having regard to the Commission proposal of 6 October 2011 for a regulation of the European Parliament and the Council on specific provisions for support from the European Regional Development Fund to the European territorial cooperation goal (COM(2011)0611),

–  having regard to the own-initiative opinion on territorial cooperation in the Mediterranean through the Adriatic-Ionian macro-region, adopted unanimously at the plenary session of the Committee of the Regions on 11 October 2011,

–  having regard to the final declaration by the chair of the Interinstitutional Forum held in Catania on 10 December 2011 on ‘Old and new faces in an ever evolving Mediterranean: the role of the people, the regions and local bodies, the governments and the supranational institutions in a strategy of intrinsic unity’,

–  having regard to its resolution of 14 December 2011 on the review of the European Neighbourhood Policy(6),

–  having regard to its declaration of 19 January 2012 on the establishment of the Pact of Islands as an official European initiative(7), pursuant to Article 174 of the Treaty on the Functioning of the European Union,

–  having regard to the communication of 23 March 2012 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions concerning the European Union Strategy for the Baltic Sea Region (COM(2012)0128),

–  having regard to the Belgrade Declaration, approved at the 14th meeting of the Adriatic and Ionian Council on 30 April 2012,

   having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Developing a Maritime Strategy for the Atlantic Ocean Area’ (COM(2011)0782),

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

–  having regard to the report of the Committee on Regional Development and the opinions of the Committee on Foreign Affairs and the Committee on Culture and Education (A7-0219/2012),

A.  whereas the macro-regional strategy for the Baltic Sea was adopted in 2009 and whereas the Commission (report of 22 June 2011 – COM(2011)0381) has stressed ‘the value of this new way of cooperating’;

B.  whereas on 13 April 2011(8) the Council invited the Commission ‘to play a leading role in the strategic coordination’ of the macro-regional strategy for the Danube;

C.  whereas the macro-regional strategy aims to open up a new area for cohesion policy in Europe, with the goal being territorial-based development;

D.  whereas the budget line ‘technical assistance on the European Union Strategy for the Baltic Sea Region’, which was created on Parliament's initiative when the European Union's 2011 budget was adopted, has demonstrated the value of such appropriations for the successful development of a macro-regional strategy;

E.  whereas the Commission is proposing that the transnational strand of territorial cooperation policy should be enhanced in order to support further macro-regional policies (COM(2010)0642);

F.  whereas several macro-region projects are at an advanced stage, and whereas the Commission, in its capacity as coordinator, should help to put in place sustainable governance, and to set out common criteria and measureable indicators for assessing their relevance;

G.  whereas the Mediterranean has played a major geopolitical role in European history;

H.  whereas the so-called ‘Arab Spring’ has highlighted the strategic potential of the geographic, political and economic links between the two sides of the Mediterranean;

I.  noting the success of cooperation within the framework of the Barcelona Process and the Union for the Mediterranean and the multilateral and bilateral cooperation initiatives taken under EU instruments and programmes such as the MED and ENPI in the context of the European Neighbourhood Policy;

J.  noting the current development of the Union for the Mediterranean and given that its potential as a catalyst in the region will increase;

K.  whereas a macro-regional approach would enable an overall project to be set out in this area vital to the EU's future, with a view to emerging from the present crisis and responding to the expectations of all its neighbours, particularly those in the Southern Mediterranean;

L.  whereas the Mediterranean is a coherent whole, constituting a single cultural and environmental area, and sharing very many characteristics and priorities common to the ‘Mediterranean climate’: the same crops, abundant renewable energy sources, particularly solar energy, the importance of tourism, the same natural disaster risks (fires, floods, earthquakes, water shortages) and the risks from human activity, particularly maritime pollution;

M.  whereas the Mediterranean is a very large area stretching nearly 4 000 km from east to west, with numerous islands and with territories with land and sea borders with North Africa, and whereas a huge network of maritime routes should be promoted therein, enabling increased trade whilst reducing related CO2 emissions;

N.  whereas, notwithstanding Article 174 of the TFEU, the European institutions have not yet adopted a permanent strategy that takes into account the specific needs of the islands, and whereas the full accessibility of Mediterranean insular regions and their better integration within the European single market could best be ensured through the allocation of appropriate resources and the adoption of an integrated approach on the insularity issue, acknowledging the structural disadvantage faced by island populations in the fields of transport and energy;

O.  whereas the proposal for an Adriatic-Ionian macro-regional strategy is progressing, taking place in the context of longstanding cooperation and solidarity in a contiguous territory around the Adriatic and Ionian Seas, and supported by the eight participating states of the Adriatic-Ionian Initiative (AII), as repeatedly demonstrated in the statements made by the eight foreign ministers who signed up to the Initiative in Ancona (2010), Brussels (2011) and Belgrade (2012);

P.  whereas there have been meetings with numerous involved regions, with the Union for the Mediterranean and with the various bodies involved in European Union territorial cooperation policy, as part of the drafting process for this report;

On macro-regional strategies in general

1.  Endorses the macro-regional approach to territorial cooperation policies between territories belonging to a services and working area: maritime area, mountain range or river basin; believes that macro-regional strategies opened a new chapter in European territorial cooperation by applying a bottom-up approach and spreading cooperation to more and more areas via the better use of available resources; recommends that, in view of their clear European added value, macro-regional strategies should receive more attention in the framework of European territorial cooperation, to be reinforced as of 2013;

2.  Considers that this type of territorial cooperation strategy is useful, particularly when these territories have historically been divided by borders, and can further the integration of new Member States and their regions;

3.  Takes the view that the overview provided by a macro-regional strategy would make territorial cooperation projects and the EGTC more beneficial, and that this would enhance synergies with the major EU strategies, such as the trans-European transport network or the Integrated Maritime Policy; considers that it would also be easier to involve other European policy instruments, such as those proposed by the EIB; considers that these steps would improve the coordination of EU policies at a transnational and inter-regional level;

4.  Recommends basing macro-regional strategies on multilevel governance, ensuring the involvement of local and regional authorities and of the greatest possible number of partners and stakeholders, such as representatives of civil society, universities and research centres, in both the elaboration and the implementation of macro-regional strategies in order to increase their ownership at local and regional level;

5.  Stresses that macro-regions provide an environment conducive to the involvement of local political stakeholders and non-governmental stakeholders, as these regions foster the development of effective coordination systems which facilitate bottom-up approaches, with a view to ensuring the meaningful involvement of civil society in political decision-making, and to pooling existing initiatives in order to optimise resources and bring together the actors involved;

6.  Takes the view that the macro-regional strategy could steer the European Neighbourhood Policy and/or pre-accession policy towards being more effective;

On current macro-regional strategies

7.  Welcomes the evidence that the macro-regional strategy for the Baltic Sea is of major benefit to Europe; it has set out an action plan with clearly identified priorities, and is endorsed by the Council, supported by the Commission and shared by all national, regional and local stakeholders;

8.  Calls for this strategy to be the subject of a complete evaluation based on objective criteria and measurable indicators for each of the priority areas;

9.  Considers it necessary, if this strategy is to be fully successful, to retain the governance structure in the long term, extending it to include local and regional authorities, by including it in the upcoming programming period 2014–2020;

10.  Calls on the Commission and the Council to support fully the approach taken with the Danube basin, which should also be evaluated and regularly monitored;

On future macro-regional strategies

11.  Suggests that the Commission coordinate a consultation and dialogue process for future macro-regional strategies; takes the view that lack of cooperation or the need to strengthen existing cooperation between European territories belonging to different Member States but the same services and working area should be the basis for identifying priority areas; considers that the result of this dialogue should be a ‘projected European macro-regions map’, mainly coordinated with the Member States and the regions concerned, which would not be binding and could change depending on local dynamics;

12.  Takes the view that the macro-regional strategies need better alignment of funding, more efficient utilisation of existing resources and coordination of instruments; considers that, although such strategies do not require further funding, institutional instruments or regulation, funding for the monitoring thereof in the form of technical assistance appropriations and appropriations for preliminary evaluation and data-collection and for any start-up is justified, and that the macro-regional strategy should promote structural projects, taking the multi-annual financial framework 2014-2020 into account;

13.  Calls on the Commission and the Council to take into account EU macro-regional strategies when deciding on budgetary envelopes such as cohesion and structural funds, research and development, and in particular regional cooperation;

14.  Calls for the operational programmes to be closely geared to the corresponding priorities of the macro-regional strategies in order to ensure the best possible coordination of objectives and means;

Prospects in the Mediterranean

15.  Supports the implementation of a macro-regional strategy for the Mediterranean basin, so as to offer an action plan for addressing the common and problematic challenges facing the Mediterranean countries and regions and to give structure to this key area for Europe's development and integration, and calls on the Council and the Commission to act quickly on this matter;

16.  Takes the view that a Mediterranean macro-regional strategy that involves European, national, regional and local authorities, regional organisations, financial institutions, and NGOs from the European side of the Mediterranean basin and the Union for the Mediterranean, and that is open to neighbouring countries and/or countries at the pre-accession stage, would significantly improve territorial cooperation in this area in political and operational terms; stresses the importance of drawing on the experience, existing resources and achievements of existing regional organisations;

17.  Emphasises that a Mediterranean macro-region could ensure that the EU's different programmes concerning the Mediterranean complement each other and that existing financing is used as efficiently as possible, and could bring real added value to the concrete projects of the Union for the Mediterranean and involve the relevant third countries and regions at the moment of defining the strategy, using the Neighbourhood and Partnership Instrument to this end, always in strict compliance with the rule of law and on the basis of respect for human rights, fundamental freedoms and democracy, promoting where necessary the principle of ‘more for more’;

18.  Emphasises the importance of the Mediterranean as a decentralised area of cooperation – that goes beyond strict geographical borders – for strengthening cross-regional decision-making and the sharing of good practices, not least concerning democracy, human rights, the rule of law, ecology, economic development, ecotourism, as well as cultural, research, educational, youth and sport partnerships; underlines the specific importance of education as a catalyst for democratic transition;

19.  Considers that the Mediterranean macro-region must develop in accordance with international standards on economic, social and cultural rights, in particular the Universal Declaration of Human Rights and the Unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions;

20.  Urges the Council to follow up on its conclusions of 24 June 2011 and take into account the willingness shown by the territories concerned nationally, regionally and locally with regard to the Adriatic-Ionian macro-regional strategy, historical links, traditions and the initiatives undertaken, by adopting this strategy in the coming months, so as to realise a first step towards a Mediterranean macro-regional strategy;

21.  Stresses that the Adriatic-Ionian macro-regional strategy is a significant factor in reconciliation between territories of the Western Balkans and may assist these countries' efforts to join the EU;

22.  Hopes that macro-regional strategies that have significant maritime aspects and that take into account the numerous Mediterranean coastal and island territories and their development needs will also emerge for the western and eastern Mediterranean; believes that such future strategies should pay increased attention to the protection of the environment, biodiversity and sustainable tourism;

23.  Calls on the Commission to genuinely implement Article174 of the TFEU through a strategic plan, with a view to overcoming the structural handicaps of island territories and ensuring the conditions for economic growth and effective social and territorial cohesion; stresses that particular focus needs to be placed on ensuring full accessibility and territorial continuity of these territories with the continent, through appropriate funding; urges the Commission, furthermore, to adopt measures, such as an increase in the threshold for de minimis aid for islands, with special reference to the agriculture, transport and fishery sectors, that contribute to making island territories equally competitive with the mainland territories so as to reduce the gap between different levels of development among European regions and ensure their effective integration in the single market;

24.  Hopes that the Commission will take a positive stand towards the insular dimension of the Mediterranean macro-regional strategy, particularly when considering state aid which constitutes legitimate compensation with respect to the handicaps of insularity and when adapting cohesion policy and research and innovation policies to the specific needs of the islands in order to increase their integration into continental Europe;

25.  Stresses the importance of culture and creative industries as a fundamental pillar of development and job creation in island regions;

26.  Urges the Commission to determine what instruments are required to evaluate and launch any new macro-regional initiatives in the western and eastern Mediterranean, such as pilot projects;

27.  Emphasises that major areas of intervention for a Mediterranean macro-region should target appropriate sub-regional levels for cooperation on specific projects and include energy networks, scientific cooperation and innovation, networks for culture, education and training, tourism, trade, environmental protection, sustainable maritime transport, maritime security and safety and the protection of the marine environment against pollution, overfishing and illegal fishing through the creation of an integrated network of reporting and surveillance systems for maritime activities, the strengthening of good governance and effective public administration, so as to foster job creation;

28.  Takes the view that coordination of these three macro-regional strategies – western Mediterranean, Adriatic-Ionian, and eastern Mediterranean – will enable the implementation of an overall policy for the whole Mediterranean basin that is in synergy with the priorities set out by regional and international organisations, and in particular those defined by the Union for the Mediterranean, and the implementation of best practices that can contribute towards achieving the EU Strategy objectives of smart and sustainable economic growth;

29.  Considers it important, especially after the events of the Arab Spring, that the new macro-region should contribute to the definition of a new strategy with third countries for the proper management of immigration flows, with due regard for the mutual benefits of increased mobility, based on combating poverty and fostering employment and fair trade, and thereby contributing to stability in the macro-region;

30.  Considers, given that the EU's Mediterranean territories share sea and land borders with North Africa, that a macro-regional strategy would boost the southern dimension of the EU's Neighbourhood Policy, taking on a concrete territorial dimension which would guarantee greater management of migration flows and impact positively on the performance of the economies of the countries concerned;

31.  Considers that a macro-regional strategy in the Mediterranean must coordinate existing EU funds, particularly neighbourhood policy, cohesion policy and territorial cooperation funds to implement projects aimed at addressing common challenges such as the protection and enhancement of the Euro-Mediterranean cultural heritage; recalls the importance of a coordinated and balanced neighbourhood policy for the South and the eligibility of cultural projects financed by ERDF to address these challenges;

32.  Stresses the importance of creative and cultural industries, and considers that this sector of the economy will play an increasingly important role in the region's economic growth and employment; calls for particular attention to be afforded to the implementation of cultural and academic exchange programmes, as well as to the strengthening of cultural and stable tourism links;

33.  Considers that cultural tourism can have a particular impact on the Mediterranean region, both from an economic point of view and as a factor of mutual knowledge and intercultural understanding;

34.  Stresses that the Mediterranean macro-region would favour intercultural dialogue and the enrichment of the shared cultural heritage of the European Union, mobilise civil society and thereby encourage NGOs and Mediterranean peoples to participate in EU cultural and educational programmes;

35.  Recalls the fundamental role that education plays in democracy and social and economic development, as well as the importance of professional training in fighting youth unemployment;

36.  Stresses that, in the context of the Mediterranean macro-region and taking into account the motivation of young people particularly in the southern countries, it is important to strengthen cooperation in the field of youth by promoting European programmes and creating synergies with the work of the Mediterranean Office for Youth;

37.  Stresses the importance of focusing especially on young people, as they will be the foundation of a new generation and the ones to wield the greatest influence on how their respective countries face the future;

38.  Recommends, in order to promote exchange programmes, dynamic research, innovation and lifelong learning, the creation of networks with higher education and research institutions in the future Mediterranean macro-region and the development of education infrastructure in that region, as well as the removal of obstacles to the movement of students, persons undergoing training, young volunteers, teachers, trainers, researchers and administrative staff; stresses the need to strengthen the quality of teaching and research in those networks by adequately financing and supporting the Tempus and Erasmus Mundus programmes, especially in view of the low number of Erasmus Mundus programme beneficiaries in the Mediterranean area;

39.  Considers that the mobility of artists and the arts in the Euro-Mediterranean area is hindered by numerous obstacles, that vary according to country and region, and that are linked not only to difficulties in obtaining visas but also to the lack of status that artists face and to the conditions they face as creators of artistic works, particularly in southern countries; considers that a Mediterranean macro-region would serve to promote mutual recognition of the status of artists, offer opportunities to reflect on mobility and optimise the use of training programmes, networking and the free movement of cultural actors, artists and works;

40.  Calls for the implementation, in the next programming period, of a ‘Euro-Mediterranean Erasmus’ programme, intended to encourage the transnational mobility of students from both sides of the Mediterranean, as well as a ‘Euro-Mediterranean Leonardo da Vinci’ programme for young people who, in the framework of a macro-regional strategy, wish to acquire professional training abroad;

41.  Emphasises the need to adopt measures to counter the increasing ‘brain drain’ from this region;

42.  Calls for the most to be made of the historical, cultural and linguistic diversity of the Mediterranean area, which is a source of innovation, providing an impetus to the cultural and creative industries as well as to the tourism sector; calls for cooperation between museums and cultural establishments to be encouraged and supported;

43.  Recalls that, in the countries surrounding the Mediterranean, there is particular interest in European cinema and audiovisual productions, and that this continues to exert significant influence on the dialogue between cultures in the area, as part of the current stage of democratic development of these societies;

44.  Suggests that greater cooperation and trade should be pursued with third countries in order to improve the standing of European production on the global market, and particularly in the Mediterranean area, and thereby promote cultural exchange and the launch of new initiatives to encourage Euro-Mediterranean dialogue and democratic progress across the entire region, particularly in light of the commitments made during the Euro-Mediterranean Conference on Cinema;

45.  Calls on the Member States involved to encourage the cooperative spirit that has emerged during the drafting of the present report and urges the future Cypriot Presidency of the EU to support this project so that the Commission and the Council can adopt an action plan for the Mediterranean macroregional strategy as a matter of urgency; highlights moreover, the importance of inter-governmental and inter-regional cooperation in the development of a macro-regional strategy;

o
o   o

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

(1) OJ C 351 E, 2.12.2011, p. 1.
(2) OJ C 50 E, 21.2.2012, p. 55.
(3) OJ C 188 E, 28.6.2012, p. 30.
(4) Texts adopted, P7_TA(2011)0154.
(5) Texts adopted, P7_TA(2011)0285.
(6) Texts adopted, P7_TA(2011)0576.
(7) Texts adopted, P7_TA(2012)0016.
(8) 8743/1/2011 REV 1.


Single European railway area ***II
PDF 195kWORD 24k
Resolution
Text
European Parliament legislative resolution of 3 July 2012 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council establishing a single European railway area (recast) (18581/2/2011 – C7-0268/2010 – 2010/0253(COD))
P7_TA(2012)0270A7-0196/2012
CORRIGENDA

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (18581/2/2011 – C7-0268/2010),

–  having regard to the reasoned opinion submitted, within the framework of the Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Luxembourg Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity,

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

–  having regard to the opinion of the Committee of the Regions of 28 January 2011(2),

–  having regard to its position at first reading(3) on the Commission proposal to Parliament and the Council (COM(2010)0475),

–  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 Transport and Tourism (A7-0196/2012),

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

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

Position of the European Parliament adopted at second reading on 3 July 2012 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council establishing a single European railway area (recast)

P7_TC2-COD(2010)0253


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2012/34/EU.)

(1) OJ C 132, 3.5.2011, p. 99.
(2) OJ C 104, 2.4.2011, p. 53.
(3) Texts adopted of 16.11.2011, P7_TA(2011)0503.


Recording equipment in road transport ***I
PDF 637kWORD 280k
Resolution
Consolidated text
European Parliament legislative resolution of 3 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council (COM(2011)0451 – C7-0205/2011 – 2011/0196(COD))
P7_TA(2012)0271A7-0195/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0451),

–  having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0205/2011),

–  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 7 December 2011(1),

–   having regard to the opinion of the European Data Protection Supervisor of 5 October 2011(2),

–  after consulting the Committee of the Regions,

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

–  having regard to the report of the Committee on Transport and Tourism (A7-0195/2012),

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 3 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council

P7_TC1-COD(2011)0196


(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 91 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),

After consulting the Committee of the Regions,

Having regard to the opinion of the European Data Protection Supervisor(4),

Acting in accordance with the ordinary legislative procedure(5),

Whereas:

(1)  Council Regulation (EEC) No 3821/85(6) lays down provisions concerning the construction, installation, use and testing of recording equipmenttachographs. It has been substantially amended on several occasions, and in order to ensure greater clarity, its main provisions should therefore be simplified and re-structured. [Am. 8, this amendment ‘tachograph’ applies throughout the text]

(2)  Experience has shown that in order to ensure the effective application of Regulation (EEC) No 3821/85, certain technical elements and control procedures should be improved.

(3)  Certain vehicles are subject to an exemption from the provisions of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport(7). In order to ensure coherence, it should also be possible to exempt such vehicles from the scope of Regulation (EEC) No 3821/85.

(4)  In order to ensure coherence between the different exemptions set out in Article 13 of Regulation (EC) No 561/2006, and to reduce the administrative burden on transport undertakings, to reduce bureaucracy and to ensure that tachographs continue to develop in line with practice, whilst respecting the objectives of that Regulation, the maximum permissible distances set out therein should be revised. [Am. 2]

(5)  The recording of location data facilitates the cross checking of driving times and rest periods in order to detect anomalies and fraud. The use of recording equipmenttachographs connected to a global navigation satellite system (GNSS) is an appropriate and cost-efficient means of allowing the automatic recording of such data in order to support control officers during controls, and should therefore be introduced.

(6)  Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) 3821/85 concerning social legislation relating to road transport activities(8) requires Member States to carry out a minimum number of checks at the roadside. Remote communication between the recording equipmenttachograph and control authorities for roadside control purposes facilitates targeted roadside checks, making it possible to reduce the administrative burden created by random checks on transport undertakings, and should accordingly be introduced.

(7)  Intelligent transport systems (ITS) can help to meet the challenges faced by the European transport policy, such as increasing road transport volumes and congestion or rising energy consumption. Standardised interfaces should therefore be provided in recording equipmenttachographs in order to ensure interoperability with ITS applications.

(8)  The security of the recording equipmentthe tachograph and its system is essential to ensure that trustworthy data is produced. Manufacturers should therefore design, test and continuously review recording equipmenta tachograph throughout its life cycle in order to detect, prevent and mitigate security vulnerabilities.

(9)  Field tests of recording equipmenta tachograph that has not yet been type approved allow equipment to be tested in real life situations before it is widely introduced, thereby allowing faster improvements. Field tests should therefore be permitted, on condition that participation in such tests and compliance with Regulation (EC) No 561/2006 is effectively monitored and controlled.

(10)  Fitters and workshops play an important part in the security of recording equipmenttachographs. It is therefore appropriate to lay down certain minimum requirements for their approval and audit and to ensure that conflicts of interest between workshops and transport undertakings are prevented.

(11)  In order to ensure more effective scrutiny and control of driver cards, and to facilitate the tasks of control officers, national electronic registers should be established, and provision made for the interconnection of those registers.

(12)  As fraud and misuse in relation to driving licences isless likely to occur than with driver cards, the recording equipmenttachograph system would be more reliable and effective if driver cards were in future incorporated into driving licences. This approach would also reduce the administrative burden for drivers who would no longer need to apply for, receive and hold two different documents. An amendment to Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences(9) should accordingly be envisaged.

(13)  In order to reduce the administrative burden on drivers and transport undertakings, it should be clarified that there is no need for written proof of daily or weekly rest periods. For control purposes, periods for which no activity has been recorded for the driver should accordingly be considered as rest periods.

(14)  Control officers face continuous challenges as a result of changes to recording equipmenttachographs and new manipulation techniques. In order to ensure more effective control, and to enhance the harmonisation of the approaches to control throughout the Union, a common methodology should be adopted for the initial and continuing training of control officers.

(15)  The recording of data by recording equipmenttachographs, as well as developing technologies for the recording of location data, remote communication and the interface with ITS will entail the processing of personal data. Union legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(10) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector(11) should be applied.

(16)  To ensure fair competition in the internal market for road transport and to give a clear message to drivers and transport undertakings, the definition of very serious infringements of this Regulation should be harmonised and binding in nature and the Member States' highest category of penalties should be imposed for very serious infringements (as set out in Commission Directive 2009/5/EC of 30 January 2009 amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities(12)), without prejudice to the principle of subsidiarity. Efforts should also be taken to ensure that the penalties imposed for any infringements are always effective, dissuasive and proportionate. In particular concrete steps should be taken to eliminate the practice of excessively high fines for minor infringements. [Am. 3]

(16a)  Different rules for calculating daily driving times lead to a lack of uniformity in the application of Regulation (EC) No 561/2006 and create legal uncertainty for international drivers and transport undertakings. In the interest of clear, effective, proportionate and uniform implementation of social security rules in road transport it is essential that the Member States' authorities apply the rules in a uniform manner. [Am. 4]

(17)  Through the adaptations of the European agreement concerning the work of crews of vehicles engaged in international road transport (AETR), signed in Geneva on 1 July 1970, including its six amendments, deposited with the Secretary-General of the United Nations, the use of the recording equipment referred to in Annex IBdigital tachograph has been made mandatory as regards vehicles registered in neighbouring third countries. As these countries are directly affected by changes to the recording equipmenttachographs introduced by this Regulation, they should be able to participate in dialogue on technical matters and on the establishment of a single electronic system for the exchange of information on driver cards. A Tachograph Forum should accordingly be set up. [Am. 5, this amendment ‘digital tachograph’ applies throughout the text]

(18)  In order to reflect technical developments, 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 the adaptation of Annexes I, IB and II to technical progress and the supplementing of Annex IB with the technical specifications necessary for the automatic recording of the location data, for enabling remote communication and for ensuring an interface with ITS. 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 the Council.

(19)  In order to ensure uniform conditions for the implementation of this Regulation concerning field tests, the electronic exchange of information on driver cards between Member States and the training of control officers, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of 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 powers(13).

(20)  The advisory procedure should be used for the adoption of the procedures to be followed for carrying out field tests and the forms to be used for monitoring such tests, as well as the methodology for the initial and continuing training of control officers.

(21)  The examination procedure should be used for the adoption of the specifications for the electronic exchange of information on driver cards between Member States.

(21a)  The transport of passengers and goods takes place under very widely differing terms and conditions. Accordingly, a revision of the tachograph requirements and the rules on driving and rest periods for bus drivers should be submitted as soon as possible, and at any rate by the end of 2013. [Am. 6]

(21b)  Standards and specifications should be drawn up as open standards allowing for the incorporation into one and the same device, following examination by the Commission, of other functions such as accident recorders and 112 e-call. [Am. 7]

(22)  Regulation (EEC) No 3821/85 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3821/85 is hereby amended as follows:

(-1)  The title is replaced by the following:"

Council Regulation (EEC) No 3821/85 of 20 December 1985 on tachographs in road transport“[Am. 8]

(1)  Articles 1 to 21 are replaced by the following articles:

“CHAPTER I

Principles and, scope and requirements [Am. 9]

Article 1

Subject matter and principleprinciples [Am. 10]

1.  This Regulation sets out the obligations and requirements forin relation to the construction, installation, use and, testing of recording equipmentand control of tachographs used in road transport to control compliance with Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport*, Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities** and Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community***. [Am. 11]

1a.  This Regulation sets out the conditions and requirements under which the information and data recorded, processed or stored by a tachograph as defined in Article 2 may be used for purposes other than the control of compliance with the legislation referred to in paragraph 1 of this Article. [Am. 12]

2.  Recording equipmentTachographs shall, as regards construction, installation, use and testing, comply with the requirements of this Regulation.

Article 2

Definitions

1.  For the purposes of this Regulation the definitions set out in Article 4 of Regulation (EC) No 561/2006 shall apply.

2.  In addition to the definitions referred to in paragraph 1, for the purposes of this Regulation:

   (a) recording equipment tachograph” means the equipment intended for installation in road vehicles to display, record, print, store and output automatically or semiautomatically details of the movement, speed and weight of such vehicles and of certain work periods of their drivers in relation to the different periods of time being part of the driver's daily working period, and of data referred to in Article 30 of this Regulation; [Ams 13+147+148]
   (b) “vehicle unit” means the recording equipmenttachograph excluding the motion sensor and the cables connecting the motion sensor. The vehicle unit may be a single unit or several units distributed in the vehicle, provided that it complies with the security requirements of this Regulation. The vehicle unit includes a processing unit, a data memory, a real time clock, two smart card interface devices (driver and co-driver), a printer, a display, a visual warning, a calibration/downloading connector, and facilities for entry of user's inputs; [Am. 14]
   (c) “motion sensor” means a part of the recording equipmenttachograph, that provides a signal representative of vehicle speed and/or distance travelled;
   (ca) “weight sensor” means a part of the digital tachograph that provides information on the weight of the vehicle, therefore recording data on loading and unloading of the vehicle; [Am. 149]
   (d) “tachograph card” means a smart card intended for use with the recording equipmenttachograph which allows for identification by the recording equipmenttachograph of the role of the cardholder,and his access rights to data and for data transfer and storage; [Am. 15]
   (e) “record sheet” means a sheet designed to accept and retain recorded data, to be placed in the recording equipment referred to in Annex Ianalogue tachograph and on which the marking devices of the latter inscribe a continuous record of the information to be recorded; [Am. 16, this amendment “analogue tachograph” applies throughout the text]
   (f) “driver card” means a tachograph card issued by the authorities of a Member State to a particular driver which identifies the driver and allows for storage of driver activity data;
   (fa) “analogue tachograph” means a tachograph using a record sheet in accordance with this Regulation; [Am. 17]
   (fb) “digital tachograph” means a tachograph using a tachograph card in accordance with this Regulation; [Am. 18]
   (g) “control card” means a tachograph card issued by the authorities of a Member State to a national competent control authority which identifies the control body and optionally the control officer and allows access to the data stored in the data memory or, in the driver cards and in the workshop cards for reading, printing and/or downloading; [Am. 19]
   (h) “company card” means a tachograph card which is issued by the authorities of a Member State to the owner or holder of vehicles fitted with recording equipmenta tachograph and which identifies the owner or holder and allows for the displaying, downloading and printing of the data stored in the recording equipmenta tachograph which has been locked by that owner or holder;
   (i) “workshop card” means a tachograph card issued by the authorities of a Member State to a recording equipment designated staff of a tachograph manufacturer, a fitter, a vehicle manufacturer or a workshop approved by that Member State which identifies the cardholder and allows for the testing and calibration of and/or downloading from the recording equipment tachographs; [Am. 20]
   (j) “daily workworking period” means the period comprising the driving time, all other periods of work, the periods of availability, breaks in work and periods of rest not exceeding nine hourswhich commences at the time when the driver activates the tachograph following a weekly or daily rest period, or, if the daily rest is divided into separate periods, following a rest period of at least nine hours' duration. It ends at the beginning of a daily rest period or, if the daily rest is divided into separate rest periods, at the beginning of a rest period extending over a minimum of nine consecutive hours; [Am. 21]
   (ja) “activation” means the phase where the tachograph becomes fully operational and implements all functions, including security functions; activating a tachograph requires the use of a workshop card; [Am. 22]
   (jb) 'authentication' means a function intended to establish and verify a claimed identity;[Am. 23]
   (jc) “authenticity” means the property that an information is coming from a party whose identity can be verified; [Am. 24]
   (jd) “calibration” means updating or confirming vehicle parameters to be held in the data memory. Vehicle parameters include vehicle identification and vehicle characteristics. Calibrating a tachograph requires the use of a workshop card; [Am. 25]
   (je) “downloading” means copying, together with the digital signature, of a part, or of a complete set of data files stored in the data memory of the vehicle or in the memory of the tachograph card, for which these data are necessary to establish compliance with the provisions set out in Regulation (EC) No 561/2006; [Am. 26]
   (jf) “event” means an operation detected by the tachograph which may come from a fraud attempt; [Am. 27]
   (jg) “fault” means an abnormal operation detected by the tachograph which may come from an equipment malfunction or failure; [Am. 28]
   (jh) “installation” means mounting of the tachograph in a vehicle; [Am. 29]
   (ji) “non valid card” means a card detected as faulty, or which initial authentication failed, or which start of validity date is not yet reached, or which expiry date has passed; [Am. 30]
   (jj) “periodic inspection” means a set of operations performed to control that the tachograph works properly and that its settings correspond to the vehicle parameters; [Am. 31]
   (jk) “printer” means a component of the tachograph which provides printouts of stored data; [Am. 32]
   (jl) “repair” means any repair of a motion sensor or of a vehicle unit that requires disconnection of its power supply, or disconnection from other tachograph components, or opening of it; [Am. 33]
   (jm) “type approval” means a process to certify, by a Member State, that the tachograph (or component), software or the tachograph card under investigation fulfils the requirements of this Regulation; [Am. 34]
   (jn) “vehicle identification” means the numbers identifying the vehicle: vehicle registration number (VRN) with indication of the registering Member State and vehicle identification number (VIN); [Am. 35]
   (jo) “interoperability” means the capacity of systems and the underlying business processes to exchange data and to share information and knowledge; [Am. 36]
   (jp) “interface” means a facility between systems which provides the media through which they can connect and interact. [Am. 37]

Article 3

Scope

1.  Recording equipmentTachographs shall be installed and used in vehicles registered in a Member State which are used for the carriage of passengers or goods by road falling within the scope of Regulation (EC) No 561/2006.

Member States may exempt the vehicles mentioned in Articles 13(1) and 13(3) of Regulation (EC) No 561/2006 from the application of this Regulation.

3.  Member States may, after authorisation by the Commission, exempt from the application of this Regulation vehicles used for the transport operations referred to in Article 14(1) of Regulation (EC) No 561/2006.

Member States may exempt from application of this Regulation vehicles used for the transport operations referred to in Article 14(2) of Regulation (EC) No 561/2006; they shall immediately notify the Commission thereof.

3a.  By 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph within the meaning of this Regulation. [Am. 38]

4.  In the case of national transport operations, Member States may require the installation and use of recording equipmenttachographs in accordance with this Regulation in any of the vehicles for which installation and use of tachographs are not required by paragraph 1.

Article 3a

Essential requirements

1.  Tachographs, tachograph cards and record sheets shall be subject to stringent technical, functional and other requirements so as to ensure that they fulfil the essential requirements set out in paragraph 2 and that they achieve the objectives of this Regulation.

2.  To allow for compliance with the applicable social legislation to be efficiently controlled the tachograph shall comply with the following essential requirements. It shall to this effect:

   (a) record accurate and reliable data related to the driver activity and the vehicle;
   (b) be secure, in order to guarantee the integrity and the origin of the source of data recorded by and retrieved from vehicle units, motion sensors and tachograph cards;
   (c) be interoperable;
   (d) be user friendly.

3.  Tachographs shall be designed and used in such a way as to ensure privacy and the protection of personal data.

4.  Tachographs shall be positioned in the vehicle in such a way that they are fully reachable and readable from the driver's normal sitting position, allow the driver whilst driving to access and operate safely the necessary functions from a seated position and do not divert the driver's attention from the road.

5.  Downloading of data shall be performed with the minimum delay to transport undertakings or drivers.

6.  Downloading of data may not result in data being altered or deleted. The downloading of the detailed speed file may not be necessary to ensure compliance with Regulation (EC) No 561/2006, but may nonetheless be performed and used for other purposes, such as accident investigation. [Am. 39]

Article 3b

Functions of the tachograph

The tachograph shall ensure the following functions:

   (1) monitoring cards, insertions and withdrawals,
   (2) speed and distance measurement,
   (3) time measurement,
   (4) monitoring driver activities,
   (5) monitoring driving status,
   (6) drivers' manual entries,
   (7) entry of places where daily work periods begin and/or end,
   (8) manual entry of driver activities,
   (9) entry of specific conditions,
   (10) company locks management,
   (11) monitoring control activities,
   (12) detection of events and/or faults,
   (13) built-in and self tests,
   (14) reading from data memory,
   (15) recording and storing in data memory,
   (16) reading from tachograph cards,
   (17) recording and storing in tachograph cards,
   (18) displaying,
   (19) printing,
   (20) warning,
   (21) data downloading to external media,
   (22) output data to additional external devices,
   (23) calibration,
   (24) time adjustment,
   (25) indication of remaining driving time,
   (26) indication of rest time taken. [Am. 40]

Article 3c

Data to be recorded

1.  The digital tachograph shall record the following data:

   (a) distance travelled, and speed of the vehicle;
   (b) time measurement;
   (c) position of starting and ending of the driver's daily working period and of each transport operation;
   (d) identity of the driver;
   (e) activity of the driver;
   (f) calibration data, including the identity of the workshop;
   (g) events and faults.

2.  The analogue tachograph shall record at least the data referred to in paragraph 1 (a), (b) and (e).

3.  Access to the data stored in the tachograph may be granted at all times to:

   (a) the competent control authorities for control checks, and,
   (b) the relevant transport undertaking so that it can comply with its legal obligations, in particular as set out in Articles 28 and 29.

Access to data containing personal data shall only be granted after the appropriate authorisation in accordance with data protection legislation has been granted. [Am. 41]

Article 3d

Display

1.  The tachograph shall be able to display:

   (a) default data,
   (b) data related to warnings,
   (c) data related to menu access,
   (d) other data requested by the user in accordance with paragraph 1 of Article 3c,
  (e) information related to the driver:
   if his current activity is “DRIVING”, his current continuous driving time and his current cumulative break time,
   if his current activity is “NOT DRIVING”, the current duration of this activity (since it was selected) and his current cumulative break time.

2.  Additional information may be displayed by the tachograph, provided that it is clearly distinguishable from the information required above.

3.  When no other information needs to be displayed, the tachograph shall display, by default, the following:

   time,
   mode of operation,
   current activity of the driver and the current activity of the co-driver.

The display of data related to each driver shall be clear, plain and unambiguous. In the event that the information related to the driver and the co-driver cannot be displayed at the same time, the tachograph shall display by default the information related to the driver and shall allow the user to display the information related to the co-driver.

4.  The tachograph shall display warning information in accordance with Article 3d. A literal description of the warning may also be added in the driver's preferred language. [Am. 42]

Article 3e

Warnings

1.  The tachograph shall warn the driver when detecting any event and/or fault. The tachograph shall warn the driver 15 minutes before and at the time of exceeding the maximum allowed continuous driving time.

2.  Warnings shall be visual. Visual warnings shall be clearly recognisable by the user, shall be displayed in the driver's field of vision and shall be clearly legible both by day and by night. Audible warnings may also be provided in addition to visual warnings.

3.  Warnings shall have a duration of at least 30 seconds, unless acknowledged by the user by pushing any key of the tachograph.

4.  The warning cause shall be displayed on the tachograph and remain visible until acknowledged by the user using a specific key or command of the tachograph. Additional warnings may be provided, as long as they do not confuse drivers compared to previously defined ones. [Am. 43]

Article 3f

Data protection and privacy

1.  The processing of personal data in the context of this Regulation shall be carried out in accordance with Directive 95/46/EC and Directive 2002/58/EC and under the supervision of the public independent authority of the relevant Member State referred to in Article 28 of Directive 95/46/EC.

2.  Only data strictly necessary for the purpose of the processing shall be processed.

3.  The specifications referred to in this Regulation shall ensure the confidentiality of the personal data recorded, processed and stored by the tachograph, data integrity and prevent fraud and unlawful manipulation of this data.

Appropriate security measures shall be adopted to guarantee that personal data is protected in particular in relation to:

   the use of a global navigation satellite system (GNSS) for the recording of location data as referred to in Article 4,
   the use of remote communication for control purposes as referred to in Article 5,
   the use of tachographs with a harmonised interface as referred to in Article 6,
  

– the electronic exchange of information on driver cards as referred to in Article 26,

   the keeping of records by transport undertakings as referred to in Article 29.

4.  The owners of vehicles and/or transport undertakings shall comply with the relevant provisions on the protection of personal data.

5.  In order to promote good data protection practices, the European Data Protection Supervisor and the Article 29 Working Party of Data Protection Authorities shall be part of the Tachograph Forum foreseen in Article 41 of this Regulation.

6.  Any cross-border exchanges of data with third country authorities in the context of the application of this Regulation shall require the existence of appropriate data protection safeguards to ensure that an adequate level of protection is guaranteed, in compliance with Articles 25 and 26 of Directive 95/46/EC. [Am. 44]

Article 3g

Specifications

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 39 to adopt the detailed specifications necessary to amend and supplement the Annexes to this Regulation to ensure that the tachograph, the tachograph cards and software used by control officers for the analysis and interpretation of data stored in the tachograph comply with the principles and requirements set out in this Regulation, in particular in Chapters I and II.

2.  The Commission shall adopt the detailed specifications referred to in paragraph 1 by ...(14).

3.  Where relevant, and depending on the area covered by the specification, the specification may include one or more of the following types of provisions:

   (a) functional provisions that describe the roles of the various users and the information flow between them;
   (b) technical provisions that provide for the technical means to fulfil the functional provisions and requirements set down in this Regulation;
   (c) organisational provisions that describe the procedural obligations of the various stakeholders;
   (d) service provisions that describe the various levels of services and their content.

4.  The specifications shall, where appropriate, be based on standards and shall guarantee the interoperability and compatibility between the various versions and generations of vehicle units, tachograph cards and equipment of enforcement authorities.

5.  In relation to the performance of the functions of the smart tachograph referred to in Chapter II, the specifications shall include the necessary requirements to guarantee the accuracy and reliability of data provided by the use of external devices connected to the tachograph.

6.  Any data that can be transmitted or collected in or out of the tachograph whether wirelessly or electronically, whether forming part of a legal requirement or not, shall be in the form of publicly available protocols.

7.  The Commission shall conduct an impact assessment including a cost-benefit analysis prior to the adoption of the specifications referred to in Chapter II.[Am. 45]

CHAPTER II

Smart recording equipmenttachographs

Article 4

Recording of location data

1.  Location data shall be recorded to allow the identification of the starting and ending place of the daily work period. In order to facilitate verification of compliance with the relevant legislation, the position of the starting and ending place of the daily working period and of each transport operation shall be recorded automatically. For that purpose, vehicles put into service for the first time 48 months24 months after the entry into force of this Regulationthe specifications referred to in this Article and in Article 3g shall be fitted with a tachograph connected to a GNSS. [Am. 46]

1a.  As regards the connection of the tachograph to a GNSS, as referred to in paragraph 1, use shall be made only of satellite positioning service connections that exploit a positioning service free of charge. No location data other than those expressed, wherever possible, in geographical coordinates for determining the starting and ending place referred to in paragraph 1 shall be stored in the tachograph.[Am. 47]

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 39 concerning the supplementing of Annex IB withdevelopment of the detailed technical specifications necessary to enable the processing of the location data received from the GNSS by the recording equipmenttachograph as set out in this Article.

In particular, the specifications shall comply with the following conditions:

   they shall be based on the use of a free of charge GNSS service;
   only the location data strictly needed to cross check the information recorded by the tachograph by control authorities shall be automatically and compulsorily recorded;
   a data protection impact assessment shall be carried out and made publicly available before the adoption of the delegated acts referred to in this Article;
   the use of authenticated signals shall not be compulsory as far as they cannot be obtained free of charge.

The specifications shall establish the type of events that may trigger an automatic record of position and the situation for which a manual record should remain possible. The specifications shall specify the different conditions and requirements for the GNSS receiver to be both outside or embedded in the tachograph, and when outside how to correlate GNSS with other vehicle motion data. [Am. 48]

2a.  Any other use of the location data recorded by the tachograph shall be voluntary for transport undertakings and shall comply with the legal framework in the Union on data protection. [Am. 49]

Article 5

Remote communication for control purposesearly detection of possible manipulation or misuse [Am. 50]

1.  In order to facilitate targeted roadside checks by the competent control authorities, the recording equipment tachograph installed in vehicles put into serviceregistered for the first time 48 months24 months after the entry into force of the this Regulation specifications as referred to in this Article and Article 3g shall be able to communicate data to those authorities while the vehicle is in motion to those authorities. [Am. 51]

1a.  Member States shall equip their control authorities with the remote early detection equipment necessary to permit the data communication referred to in this Article. [Am. 52]

2.  The communication of data referred to in paragraph 1 shall be established with the recording equipmenttachograph only when so requested by the equipment of the control authorities. It shall be secured to ensure data integrity and authentication of the tachograph and control equipment. The access to the data communicated shall be restricted to enforcers authorised to control infringements of this Regulation and Regulation (EC) No 561/2006 and to workshops insofar as it is necessary to verify the correct functioning of the tachograph. [Am. 53]

3.  The data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks. Such data shall relate to the following events or data recorded by the tachograph:

   The latest security breach attempt
   The longest power supply interruption
   Sensor fault
   Motion data error
   Vehicle motion conflict
   Driving without a valid card
   Card insertion while driving
   Time adjustment data
   Calibration data including the dates of the two latest calibrations
   Vehicle Registration Number

Data concerning the identity and nationality of the driver, driver activities and speed shall not be communicated. [Am. 54]

4.  The data exchanged shall be used for the sole purpose of controlling compliance with this Regulation and Regulation (EC) No 561/2006. It shall not be transmitted to entities other than control authorities or judicial bodies, in the framework of an ongoing judicial procedure. [Am. 55]

5.  The data may only be stored by the control authorities for the duration of a roadside check, and shall be deleted at the latest two hours after this has concluded their communication unless the data indicate a possible manipulation or misuse of the tachograph. If in the course of the subsequent roadside check the manipulation or misuse is not confirmed, the data transmitted shall be deleted. Data related to vehicle identification or to a technical parameter not containing any personal data can be used by control authorities for statistical purposes. [Am. 56]

6.  The owner or holder ofThe transport undertaking which operates the vehicle shall be responsible for informing the driver of the possibility of remote communication. [Am. 57]

7.  In no case shall a remote control communication of the type described in this Article lead to automatic fines or penalties for the driver or undertaking. The competent control authority, on the basis of the data exchanged, may decide to carry out a check on the vehicle and the recording equipmenttachograph. The result of the remote communication shall not prevent control authorities from carrying out random roadside checks based on the risk rating system introduced by Article 9 of Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities****. [Am. 58]

8.  The Commission shall be empowered to adopt delegated acts in accordance with Article 39 concerning the supplementing of Annex IB withdevelopment of the detailed technical specifications necessary to enable remote communication between the recording equipmenttachograph and the competent control authorities as set out in this Article. The Commission may also extend the time limit referred to in paragraph 1 if it can show at the end of that period that no suitable equipment meeting the required specifications is yet available. [Ams 59+122]

Article 6

Intelligent Transport Systems (ITS)

1.  The recording equipment referred to in Annex IBdigital tachograph shall be interoperable with the ITS applications as defined in Article 4 of Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport*****.

1a.  Only data recorded by the tachograph that are strictly necessary for processing in an ITS application may be accessible.

Data recorded by the tachograph may be transmitted to ITS applications provided that the following conditions are met:

   (a) the interface does not affect the authenticity and the integrity of the data of the tachograph;
   (b) the external device connected to the interface has access to personal data, including geopositioning data, only after the verifiable consent of the driver to which the data relates. [Am. 60]

2.  For the purpose of paragraph 1, vehicles put into service for the first time [48 months24 months after the entry into force of this Regulation] the technical specifications referred to in this Article shall be fitted with recording equipmenta tachograph equipped with a harmonised interface allowing the data recorded or produced to be used for an ITS application. [Am. 61]

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 39 concerning the supplementingdevelopment of Annex IB with the specifications of the harmonised interface, access rights and the list of data which may be accessed.

The Commission may also extend the time limit referred to in paragraph 1 if it can show at the end of that period that no suitable equipment meeting the required specifications is yet available.

Priority shall be given to the development of a harmonised ITS application which enables drivers to interpret the data recorded in the tachograph in order to help them comply with social legislation. [Ams 62+123]

CHAPTER III

Type approval

Article 7

Applications

1.  Manufacturers or their agents shall submit an application for EU approval of a type of vehicle unit, weight sensor, motion sensor, model record sheet, tachograph card or software used by the competent control authorities to interpret data, to the type approval authorities designated to that effect by each Member State and whose certification conditions are recognised by the management committee of the Senior Official Group on Information Security (SOG-IS) within the framework of the European mutual recognition agreement. The Commission shall consult the management committee of the SOG-IS agreement before any decision is made to recognise a certification body from a third country. [Ams 63+150]

2.  Member States shall communicate to the Commission at the latest three months after ...(15) the name and contact details of the authorities designated according to paragraph 1. The Commission shall publish the list of designated type approval authorities on its website. [Am. 64]

2a.  Type approval of tachographs and of tachograph cards shall include security related tests, functional tests and interoperability tests. Positive results for each of these tests shall be stated on an appropriate certificate. [Am. 65]

3.  An application for type approval shall be accompanied by the appropriate specifications and by thesecurity, functional and interoperability certificates referred to in Section VIII of Annex IB. The Commission shall appoint the independent evaluators who will deliver the security certificate. It shall also provide information on how the elements of the tachograph are to be sealed. [Am. 66]

3a.  The security certificate stating compliance with security targets shall be delivered in accordance with the provisions of this Regulation. The security certificate shall be issued by a certification body recognised by the Commission.

A functional certificate shall be delivered to the manufacturer only after all functional tests specified in accordance with this Regulation, certifying that the item tested fulfils the appropriate requirements in terms of functions performed, measurement accuracy and environmental characteristics, have been successfully passed. The type approval authority shall deliver the functional certificate.

An interoperability certificate shall be delivered by a single laboratory under the authority and responsibility of the Commission. The interoperability tests, certifying that the tachographs or tachograph card are fully interoperable with the necessary tachographs or tachograph card models, shall be carried out in accordance with this Regulation. No interoperability tests shall be carried out by the laboratory for tachograph or tachograph cards that have not been granted a security certificate and a functionality certificate, except in the exceptional circumstances described in this Regulation. [Am. 67]

3b.  Any modification in software or hardware of the tachograph or in the nature of materials used for its manufacture shall, before being used, be notified to the authority which granted type-approval for the equipment. This authority shall confirm to the manufacturer the extension of the type approval, or may require an update or a confirmation of the relevant functional, security and/or interoperability certificates. [Am. 68]

4.  An application in respect of any one type of vehicle unit, motion sensor, model record sheet or tachograph card may only be submitted to one Member State.

Article 8

Granting of type approval

A Member State shall grant EU component type approval to any type of vehicle unit, motion sensor, model record sheet or, tachograph card or software for the interpretation of data stored by the tachograph by control authorities which complies with the requirements laid down in Annexes I or IBset out in the specifications referred to in this Regulation, provided that the Member State is in a position to check that production models conform to the approved type. [Am. 69]

Any modifications or additions to an approved model must receive additional EU type approval from the Member State which granted the original EU type approval.

Article 9

Type approval mark

Member States shall issue to the applicant an EU type approval mark conforming to the model in Annex II, for each type of vehicle unit, motion sensor, model record sheet or tachograph card which they approve pursuant to Article 8.

Article 10

Approval or refusal

The competent authorities of the Member State to which the application for type approval has been submitted shall, in respect of each type of vehicle unit, motion sensor, model record sheet or, tachograph card or software for the interpretation of data stored by the tachograph by control authorities, which they approve, send within one month a copy of the approval certificate accompanied by copies of the relevant specifications, including information about the seals, to the authorities of the other Member States. [Am. 70]

When the competent authorities do not approve the application for type approval, they shall notify the authorities of the other Member States that approval has been refused and shall communicate the reasons for their decision.

Article 11

Compliance of equipment with type approval

1.  If a Member State which has granted EU type-approval as provided for in Article 8 finds that any vehicle units, motion sensors, record sheets or tachograph cards bearing the EU type-approval mark issued by it do not conform to the prototype which it has approved, it shall take the necessary measures to ensure that production models conform to the approved prototype. The measures taken may, if necessary, extend to withdrawal of EU type approval.

2.  A Member State which has granted EU type approval shall withdraw such approval if the vehicle unit, motion sensor, record sheet or tachograph card which has been approved is not in conformity with this Regulation or displays any general defect during use which makes it unsuitable for the purpose for which it is intended.

3.  If a Member State which has granted EU type approval is notified by another Member State of one of the cases referred to in paragraphs 1 and 2, it shall, after consulting the latter Member State, take the steps laid down in those paragraphs, subject to paragraph 5.

4.  A Member State which ascertains that one of the cases referred to in paragraph 2 has arisen, may forbid until further notice the placing on the market and putting into service of the vehicle unit, motion sensor, record sheets or tachograph cards. The same applies in the cases mentioned in paragraph 1 with respect to vehicle units, motion sensors, record sheets or tachograph cards which have been exempted from EU initial verification, if the manufacturer, after due warning, does not bring the equipment into line with the approved model or with the requirements of this Regulation.

In any event, the competent authorities of the Member States shall notify one another and the Commission, within one month, of any withdrawal of EU type approval or of any other measures taken pursuant to paragraphs 1, 2 and 3 and shall specify the reasons for such action.

5.  If a Member State which has granted an EU type approval disputes the existence of any of the cases specified in paragraphs 1 or 2 notified to it, the Member States concerned shall endeavour to settle the dispute and the Commission shall be kept informed.

If talks between the Member States have not resulted in agreement within four months of the date of the notification referred to in paragraph 3, the Commission, after consulting experts from all Member States and having considered all the relevant factors, such as economic and technical factors, shall within six months of the expiry of that four month period adopt a decision which shall be notified to the Member States concerned and communicated at the same time to the other Member States. The Commission shall in each case lay down the time limit for implementation of its decision.

Article 12

Approval of record sheets

1.  An applicant for EU type approval of a model record sheet shall state on the application the type or types of recording equipment referred to in Annex Ianalogue tachographs on which the sheet in question is designed to be used and shall provide suitable equipment of such type or types for the purpose of testing the sheet.

2.  The competent authorities of each Member State shall indicate on the approval certificate for the model record sheet the type or types of recording equipment referred to in Annex Ianalogue tachographs for which that model sheet may be used.

Article 13

Justification of refusal decisions

All decisions pursuant to this Regulation refusing or withdrawing approval of a type of vehicle unit, motion sensor, model record sheet or tachograph card shall specify in detail the reasons on which they are based. A decision shall be communicated to the party concerned, who shall at the same time be informed of the remedies available to him under the laws of the Member States and of the time limits for the exercise of such remedies.

Article 14

Recognition of type-approved recording equipmenttachographs

No Member State may refuse to register vehicles fitted with recording equipmenttachographs, or prohibit the entry into service or use of such vehicle for any reason connected with the fact that the vehicle is fitted with such equipment, if the equipment bears the EU type approval mark referred to in Article 9 and the installation plaque referred to in Article 17(4).

Article 15

Security

1.  Manufacturers shall design, test and review vehicle units, motion sensors, weight sensors and tachograph cards put into production so as to detect vulnerabilities arising at all phases of the product life-cycle, and prevent or mitigate their possible exploitation. The frequency of tests shall be established by the Member State which granted the approval certificate, within a limit which shall not exceed two years. [Ams 71+151]

2.  For this purpose, manufacturers shall submit appropriate documentation to the independent evaluatorcertification body as referred to in Article 7(3)Article 7(3a) for vulnerability analysis. [Am. 72]

3.  Independent evaluatorsFor the purpose of paragraph 1, the certification body as referred in Article 7(3a) shall conduct penetration tests on vehicle units, motion sensors and tachograph cards to confirm that known vulnerabilities cannot be exploited by individuals in possession of publicly available knowledge. [Am. 73]

3a.  If in the course of the tests referred to in paragraphs 1 and 3, vulnerabilities in the vehicle unit, motion sensor or tachograph cards are detected, these elements shall not be put on the market. In such cases, the Member State which has granted the type approval shall withdraw it, in accordance with Article 11(2). [Am. 74]

3b.  When a manufacturer or the certification body referred to in Article 7(3a) identifies a very serious vulnerability in the vehicle unit, motion sensor or tachograph cards and these elements have already been put on the market, the manufacturer or the certification body as referred in Article 7(3a) shall inform the competent authorities of that Member State without delay. [Am. 75]

3c.  Member States shall take all the necessary measures to ensure that the problem referred to in paragraph 3b is addressed, in particular by the manufacturer, and shall inform the Commission without delay of the vulnerabilities detected and of the measures envisaged or taken. [Am. 76]

Article 16

Field tests

1.  Member States may authorise field tests of recording equipmenta tachograph which has not yet been type approved. Member States shall mutually recognise authorisations for field tests granted by one Member State.

2.  Drivers and transport undertakings participating in a field test shall comply with the requirements of Regulation (EC) No 561/2006. In order to demonstrate such compliance, drivers shall follow the procedure set out in Article 31(2).

3.  The Commission may adopt implementing acts to lay down the procedures to be followed for carrying out field tests and the forms to be used in order to monitor these field tests. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 40(2).

CHAPTER IV

Installation and inspection

Article 17

Installation and repair

1.  Recording equipmentTachographs may be installed or repaired only by fitters or workshops approved by the competent authorities of the Member States for that purpose in conformity with Article 19.

2.  Approved fitters or workshops shall seal the recording equipmenttachograph according to the specifications included in the type approval certificate referred to in Article 10, after having verified that it is functioning properly and in particular that no manipulation device can tamper with or alter the data recorded. [Am. 77]

3.  The approved fitter or workshop shall place a special mark on the seals which it affixes and, in addition, for the recording equipment referred to in Annex IBdigital tachograph, shall enter the electronic security data for carrying out the authentication checks. The competent authorities of each Member State shall maintain a register of the marks and electronic security data used and of approved workshop and fitter cards issued.

4.  For the purpose of certifying that the installation of the recording equipmenttachograph took place in accordance with the requirements of this Regulation, an installation plaque affixed as provided for in Annexes I and IB shall be used.

5.  A seal shall be removed only by the fitters or workshops approved by the competent authorities under paragraph 1 or by control officers, or in the circumstances described in Annex I, Section V, point 4 or in Annex IB, Section V, point 3. [Am. 78]

Article 17a

Sealing

1.  The following part of the tachograph shall be sealed:

   any connection which, if disconnected, would cause undetectable alterations to be made or undetectable data loss;
   the installation plaque, unless it is attached in such a way that it cannot be removed without the markings thereon being destroyed.

2.  A seal may be removed only by the fitters or workshops approved by the competent authorities under Article 17(1) or by certified control officers, or in the circumstances described in this Regulation.

3.  Each time that a seal is broken a written statement giving the reasons for such action shall be prepared and made available to the competent authority. [Am. 79]

Article 18

Inspections of the recording equipmenttachographs

Recording equipmentTachographs shall be subject to regular inspection by approved workshops. Regular inspection shall be carried out at least every two years.

These inspections shall include the following minimum checks:

   (1) that the tachograph is working properly;
   (2) that the tachograph carries the type approval mark;
   (3) that the installation mark is affixed;
   (4) that the seals on the tachograph and on other parts of the installation are intact;
   (5) that there are no manipulation devices attached to the tachograph. [Am. 80]

Workshops shall draw up an inspection report in cases where irregularities in the functioning of the recording equipmenttachograph had to be remedied, whether as a result of a periodic inspection, or an inspection carried out at the specific request of the national competent authority. Workshops shall keep a list of all inspection reports drawn up.

Inspection reports shall be retained by the workshop for a minimum period of two years from the time the report was made. Upon request from the competent authority, workshops shall make available the reports of inspections and calibrations carried out during that period.

Article 19

Approval of fitters and workshops

The Member States shall approve, regularly control and certify the fitters and workshops which may carry out installations, checks, inspections and repairs of the recording equipmenttachographs.

2.  Member States shall ensure that fitters and workshops are competent and reliable. For that purpose, they shall establish and publish a set of clear national procedures and shall ensure that the following minimum criteria are met:

   (a) the staff are properly trained;
   (b) the equipment necessary to carry out the relevant tests and tasks is available;
   (c) the fitters and workshops are of good repute.

3.  Audits of approved fitters or workshops shall be carried out as follows:

   (a) Approved fitters or workshops shall be subject to a yearly audit of the procedures applied by the workshop when handling the recording equipmenttachographs. The audit shall focus in particular on the security measures taken and the handling of workshop cards.
   (b) Unannounced technical audits of approved fitters or workshops shall also take place in order to control the calibrations and installations carried out. These controls shall cover at least 10 %20 % of the approved workshops per year. [Am. 81]

4.  Member States and their competent authorities shall take appropriate measures to prevent conflicts of interests between fitters or workshops and road transport undertakings. In particular, if a transport undertaking is also operating as an approved fitter or workshop, it shall not be allowed to install and calibrate recording equipment in its own vehiclesin the event of a serious risk of conflict of interest, additional specific measures shall be taken to ensure that the fitter or the workshop complies with this Regulation. [Am. 82]

5.  The competent authorities of the Member States shall forward to the Commission the lists of approved fitters and workshops and the cards issued to them, as well as copies of the marks and of the necessary information relating to the electronic security data used. The Commission shall publish the lists of approved fitters and workshops on its website.

6.  Member States shall withdraw approval, either temporarily or permanently, from fitters and workshops failing to meet their obligations under this Regulation.

6a.  Member States shall monitor and prosecute the increasing offer of fraudulent installation and the installation of manipulation devices for tachographs on the internet. Member States shall inform the Commission of their activities in this regard; the Commission shall then make the information available to all other EU control authorities in order to make the newest practises in fraudulent installation and manipulation known to all of them. [Am. 152]

Article 20

Workshop cards

1.  The period of administrative validity of workshop cards shall not exceed one year. When renewing the workshop card, the competent authority shall ensure that the criteria listed in Article 19(2), are met by the fitter or workshop. [Am. 83]

2.  If a workshop card is to be extended, is damaged, malfunctions, is lost or stolen, the authority shall supply a replacement card within five working days of receiving a detailed request to that effect. The authority issuing the card shall maintain a register of lost, stolen or defective cards.

3.  When a Member State withdraws the approval of a fitter or workshop as set out in Article 19, it shall also withdraw the workshop cards issued to it.

4.  Member States shall take all necessary measures to prevent the workshop cards distributed to approved fitters and workshops from being falsified.

CHAPTER V

Driver cards

Article 21

Issuing of driver cards

1.  The driver card shall be issued, at the request of the driver by the competent authority of the Member State where the driver has his normal residence. It shall be issued within one month15 days of the request being received by the competent authority. [Am. 84]

2.  For the purposes of this Article, “normal residence” means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where they are living; however, the normal residence of a person whose occupational ties are in a different place from their personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of their personal ties, provided that such person returns there regularly. This last condition need not be complied with where the person is living in a Member State in order to carry out a fixed-term assignment.

3.  Drivers shall give proof of their normal residence by any appropriate means, such as their identity card or any other valid document. Where the competent authorities of the Member State issuing the driver card have doubts as to the validity of a statement as to normal residence, or for the purpose of certain specific controls, they may request any additional information or evidence.

3a.  Without prejudice to their place of habitual residence and in order to ensure fair competition in international road transport, the individual employment contract of international drivers shall be governed by the law of the country in which, or alternatively, from which, in the light of all the factors which characterise his activities, the driver carries out, on a regular basis, the greater part of his obligation towards his employer, in performance of his contract. [Am. 132]

4.  The competent authorities of the issuing Member State shall take appropriate measures to ensure that an applicant does not already hold a valid driver card and shall personalise the driver card in accordance with the provisions of Annex IB.

5.  For administrative purposes, the driver card shall not be valid for more than five years.

6.  A valid driver card shall not be withdrawn or suspended unless the competent authorities of a Member State find that the card has been falsified, or the driver is using a card of which he is not the holder, or the card held has been obtained on the basis of false declarations and/or forged documents. If such suspension or withdrawal measures are taken by a Member State other than the issuing Member State, the former shall return the card to the authorities of the Member State which issued it, as soon as possible, indicating the reasons for returning itwithdrawal or suspension. [Am. 85]

7.  Driver cards shall be issued only to applicants who are subject to the provisions of Regulation (EC) No 561/2006.

8.  Member States shall take all necessary measures to prevent driver cards from being falsified.

Article 22

Use of driver cards

1.  The driver card is personal.

2.  A driver may hold no more than one valid driver card, and is authorised to use only his own personalised driver card. A driver shall not use a driver card which is defective or which has expired.

Article 23

Renewal of driver cards

1.  Where a driver wishes to renew his driver card, he shall apply to the competent authorities of the Member State of normal residence not later than 15 working days before the expiry date of the card.

2.  Where the authorities of the Member State of normal residence are different from those which issued the card and where the former are requested to renew the driver card, they shall inform the authorities which issued the old card of the reasons for its renewal.

3.  In the event of a request for the renewal of a card whose expiry date is approaching, the competent authority shall supply a new card before the expiry date provided that the request was sent within the time limits laid down in paragraph 1.

Article 24

Stolen, lost or defective driver cards

1.  The issuing authority shall keep records of issued, stolen, lost or defective driver cards for a period at least equivalent to their period of administrative validity.

2.  If a driver card is damaged or if it malfunctions, the driver shall return it to the competent authority of the Member State of normal residence. Theft of the driver card must be formally declared to the competent authorities of the State where the theft occurred.

3.  Loss of the driver card shall be reported in a formal declaration to the competent authorities of the issuing Member State and to the competent authorities of the Member State of normal residence if this is different.

4.  If the driver card is damaged, malfunctions or is lost or stolen, the driver shall within seven calendar days apply for its replacement to the competent authorities of the Member State of normal residence. These authorities shall supply a replacement card within five working days after receiving a detailed request to that effect.

5.  In the circumstances set out in paragraph 4, the driver may continue to drive without a driver card for a maximum period of 15 calendar days or for a longer period if this is necessary for the vehicle to return to its premises, provided the driver can prove the impossibility of producing or using the card during this period.

Article 25

Mutual recognition and exchange of driver cards

1.  Driver cards issued by Member States shall be mutually recognised.

2.  Where the holder of a valid driver card issued by a Member State has established his normal residence in another Member State, he may ask for his card to be exchanged for an equivalent driver card. It shall be the responsibility of the Member State which carries out the exchange to verify whether the card produced is still valid.

3.  Member States carrying out an exchange shall return the old card to the authorities of the issuing Member State and indicate the reasons for so doing.

4.  Where a Member State replaces or exchanges a driver card, the replacement or exchange, and any subsequent replacement or exchange, shall be registered in that Member State.

Article 26

Electronic exchange of information on driver cards

1.  In order to ensure that an applicant does not already hold a valid driver card as referred to in Article 21(4), Member States shall maintain national electronic registers containing the following information on driver cards for a period at least equivalent to their period of administrative validity:

   Surname and first name of the driver
   Birth date and place of birth of the driver
   Valid driving licence number and country of issue of the driving licence (if applicable) [Am. 86]
   Status of the driver card

2.  The Commission and the Member States shall take all necessary measures to ensure that the electronic registers are interconnected and accessible throughout the Union, using the TACHOnet Messaging System or a compatible system. [Am. 87]

3.  When issuing, renewing or replacing a driver card, Member States shall verify through electronic data exchange that the driver does not already hold another valid driver card. The data exchanged shall be limited to the data necessary for the purpose of this verification.

4.  Control officers mayshall have access to the electronic register in order to control the status of a driver card. [Am. 88]

5.  The Commission shall adopt implementing acts to lay down the common procedures and specifications necessary for the interconnection referred to in paragraph 2, including the format for the data exchanged, the technical procedures for electronic consultation of the national electronic registers, access procedures and security mechanisms. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 40(3).

Article 27

Integration of driver cards with driving licences

Driver cards shall be issued in accordance with the provisions of this Chapter until 18 January 2018. With effect from 19 January 2018, driver cards shall be incorporated into driving licences and issued, renewed, exchanged and replaced in accordance with the provisions of Directive 2006/126/EC.

Within 24 months of ...(16), the Commission is to carry out an Impact Assessment on the feasibility and merits of merging all of the cards used by professional drivers, in particular the driver card with the driver licence, in order to reduce the amount of card fraud currently taking place. The Commission shall examine in particular all the technical solutions available, card compatibility problems and data protection related issues. The Commission shall communicate its findings to the European Parliament within 30 months of ...+.[Am. 89]

CHAPTER VI

Use of equipment

Article 28

Correct use of recording equipmenttachographs

1.  The transport undertaking, the vehicle owner and the drivers shall ensure the correct functioning and proper use of the recording equipmenttachograph and the driver card where the driver is required to drive a vehicle fitted with the recording equipment referred to in Annex IBa digital tachograph. Whenever an analogue tachograph is used the transport undertaking and the driver shall ensure its correct functioning and the proper use of the record sheet. [Am. 90]

1a.  The digital tachograph shall not be set in a way that it automatically switches to a specific indication when the vehicle's engine or ignition is switched off. The driver shall be able to choose manually a category, depending on his activity or rest after the switch off. [Am. 91]

2.  It shall be forbidden to falsify, conceal, suppress or destroy data recorded on the record sheet, stored in the recording equipmenttachograph or on the driver card, or print-outs from the recording equipment referred to in Annex IBdigital tachograph. Any manipulation of the recording equipmenttachographs, record sheet or driver card which could result in data and/or printed information being falsified, suppressed or destroyed shall also be prohibited. No device which could be used to this effect shall be present on the vehicle.

3.  Vehicles shall not be fitted with more than one recording equipmenttachograph except for the purposes of the field tests referred to in Article 16.

4.  Member States shall forbid the production, distribution, advertising and/or selling of devices constructed and/or intended for the manipulation of recording equipmenttachographs.

4a.  Member States shall monitor and prosecute the increasing offer of fraudulent installation and the installation of manipulation devices for tachographs on the internet. [Am. 153]

Article 29

Responsibility of the undertaking

-1.  The transport undertaking shall:

   (1) give to drivers it employs or who are at its disposal the necessary training and instructions as regards the correct functioning of tachographs;
   (2) make regular checks to ensure that the drivers it employs or who are at its disposal make correct use of tachographs and;
   (3) not give to drivers it employs or who are at its disposal any direct or indirect incentives that could encourage the misuse of tachographs. [Am. 92]

1.  The transport undertaking shall issue a sufficient number of record sheets to drivers of vehicles fitted with an recording equipment referred to in Annex Ianalogue tachograph taking into account the fact that these sheets are personal in character, the length of the period of service and the possible need to replace sheets which are damaged, or have been taken by an authorised inspecting officer. The transport undertaking shall issue to drivers only record sheets of an approved model suitable for use in the equipment installed in the vehicle.

Where the vehicle is fitted with a recording equipment referred to in Annex IBdigital tachograph the transport undertaking and the driver shall ensure that, taking into account the length of the period of service, the printing on request referred to in Annex IB can be carried out correctly in the event of an inspection.

2.  The transport undertaking shall keep record sheets and printouts, whenever printouts have been made to comply with Article 31, in chronological order and in a legible form for at least a year after their use and shall give copies to the drivers concerned who request them. The transport undertaking shall also give copies of downloaded data from the driver cards to the drivers concerned who request them and the printed paper versions of these copies. The record sheets, printouts and downloaded data shall be produced or handed over at the request of any authorised inspecting officer.

3.  A transport undertaking shall be liable for infringements against this Regulation committed by drivers of the undertaking or by those at its disposal.Whilst Member States can hold transport undertakings fully liable, in doing so Member States may nonetheless consider any evidence that demonstrates that the transport undertaking cannot reasonably be held responsible for the infringement committed.

Controlling authorities shall make regular checks in accordance with Article 10(4) of Regulation (EC) No 561/2006. [Ams 94+124+133]

Article 30

Use of driver cards and record sheets

1.  Drivers shall use the record sheets or driver cards every day on which they are driving, starting from the moment they take over the vehicle. The record sheet or driver card shall not be withdrawn before the end of the daily working period unless its withdrawal is otherwise authorised. No record sheet or driver card may be used to cover a period longer than that for which it is intended.

2.  Drivers shall adequately protect the record sheets or driver cards, and shall not use dirty or damaged sheets or cards.

3.  When as a result of being away from the vehicle, a driver is unable to use the recording equipmenttachograph fitted to the vehicle, the periods of time referred to in points (ii) and (iii) of paragraph 5(b) shall:

   (a) if the vehicle is fitted with an recording equipment referred to in Annex Ianalogue tachograph, be entered on the record sheet, either manually, by automatic recording or other means, legibly and without dirtying the sheet; or
   (b) if the vehicle is fitted with a recording equipment referred to in Annex IBdigital tachograph, be entered onto the driver card using the manual entry facility provided in the recording equipmenttachograph.

For control purposes, periods of time for which no activity has been recorded shall be regarded as a rest or break. Drivers are not obliged to record daily and weekly rest periods when having beenMember States shall not impose a requirement on drivers to present forms attesting to their activities while being away from the vehicle. [Am. 95]

4.  Where there is more than one driver on board a vehicle fitted with a recording equipment referred to in Annex IBdigital tachograph, each driver shall ensure that his driver card is inserted into the correct slot in the recording equipmenttachograph.

Where there is more than one driver on board a vehicle fitted with an recording equipment referred to in Annex IBanalogue tachograph, drivers shall amend the record sheets as necessary, so that the information referred to in Section II (a), (b) and (c) of Annex I is recorded on the record sheet of the driver who is actually driving.

5.  Drivers shall:

   (a) ensure that the time recorded on the sheet corresponds to the official time in the country of registration of the vehicle;
  (b) operate the switch mechanisms enabling the following periods of time to be recorded separately and distinctly:
   (i) under the sign 20120703-P7_TA(2012)0271_EN-p0000001.jpg: driving time,
   (ii) under the sign 20120703-P7_TA(2012)0271_EN-p0000003.jpg: “other work”, which means any activity other than driving, as defined in Article 3(a) of Directive 2002/15/EC, and also any work for the same or another employer within or outside of the transport sector,
   (iii) under the sign 20120703-P7_TA(2012)0271_EN-p0000005.jpg: “availability”, as defined in Article 3(b) of Directive 2002/15/EC;
   (iv) under the sign 20120703-P7_TA(2012)0271_EN-p0000007.jpg: breaks or rest.

6.  Each driver shall enter the following information on his record sheet:

   (a) on beginning to use the sheet ‐ his surname and first name;
   (b) the date and place where use of the sheet begins and the date and place where such use ends;
   (c) the registration number of each vehicle to which the driver is assigned, both at the start of the first journey recorded on the sheet and then, in the event of a change of vehicle, during use of the sheet;
  (d) the odometer reading:
   (i) at the start of the first journey recorded on the sheet,
   (ii) at the end of the last journey recorded on the sheet,
   (iii) in the event of a change of vehicle during a working day, the reading on the first vehicle to which the driver was assigned and the reading on the next vehicle;
   (e) the time of any change of vehicle.

7.  The driver shall enter in the recording equipment referred to in Annex IBdigital tachograph the symbols of the countries in which the daily workworking period was started and finished. However, a Member State may require drivers of vehicles engaged in transport operations inside its territory to add more detailed geographic specifications to the country symbol provided that the Member State notified them to the Commission before 1 April 1998. [Am. 96]

It shall not be necessary for drivers to enter this information if the recording equipmenttachograph is automatically recording location data in accordance with Article 4.

Article 31

Damaged driver cards or record sheets

1.  In case of damage to a sheet bearing recordings or to a driver card, drivers shall keep the damaged sheet or driver card together with the spare sheet used to replace it.

2.  Where a driver card is damaged, malfunctions, or is lost or stolen, the driver shall:

  (a) at the start of his journey, print out the details of the vehicle they are driving, and enter on that printout:
   (i) details that enable the driver to be identified (name, driver card or driving licence number), including his signature;
   (ii) the periods referred to in Article 30 (5) (b) (ii), (iii) and (iv);
   (b) at the end of the journey, print out the information relating to periods of time recorded by the recording equipmenttachograph, record any periods of other work, availability and rest undertaken since the printout that was made at the start of the journey, where not recorded by the recording equipmenttachograph, and mark on that document details that enable the driver to be identified (name, driver card or driver's licence number), including the driver's signature.

Article 32

Records to be carried by the driver

1.  Where the driver drives a vehicle fitted with an recording equipmentanalogue tachograph referred to in Annex I, the driver shall be able to produce, whenever an inspecting officer so requests:

   (i) the record sheets for the current day and those used by the driver in the previous 28 days,
   (ii) the driver card if one is held, and
   (iii) any manual record and printout made during the current day and the previous 28 days as required under this Regulation and Regulation (EC) No 561/2006.

2.  Where the driver drives a vehicle fitted with a recording equipment referred to in Annex IBdigital tachograph, he shall be able to produce, whenever an inspecting officer so requests:

   (i) his driver card,
   (ii) any manual record and printout made during the current day and the previous 28 days as required under this Regulation and Regulation (EC) No 561/2006,
   (iii) the record sheets corresponding to the same period as the one referred to in point (ii) during which he drove a vehicle fitted with an recording equipment referred to in Annex Ianalogue tachograph.

3.  An authorisedA certified inspecting officer may check compliance with Regulation (EC) No 561/2006 by analysis of the record sheets, of the displayed or, printed or downloaded data which have been recorded by the recording equipmenttachograph or by the driver card or, failing this, by analysis of any other supporting document that justifies non-compliance with a provision, such as those laid down in Articles 24(2) and 33(2) of this Regulation. [Am. 97]

3a.  The Commission shall carry out a study of enforcement regimes in all the Member States, within 18 months of the first Enforcement Officer Certificates being awarded, to establish how many certified officers there are in each Member State.

Thereafter, Member States shall report to the Commission on an annual basis, detailing the training received by officers, and the numbers of active Enforcement Officers who have obtained the European Enforcement Certificate. [Am. 98]

Article 33

Procedures in case of malfunctioning equipment

1.  In the event of breakdown or faulty operation of the recording equipmenttachograph, the transport undertaking shall have it repaired by an approved fitter or workshop, as soon as circumstances permit.

If the vehicle is unable to return to the premises within a period of one week calculated from the day of the breakdown or of the discovery of defective operation, the repair shall be carried out en route.

Measures taken by Member States pursuant to Article 37 may give the competent authorities powershall include the power of the competent authorities to prohibit the use of the vehicle in cases where breakdown or faulty operation has not been remedied as provided in the first and the second subparagraphs of this Article. [Am. 99]

In this respect the Commission will check that national and foreign vehicles are treated in the same way in order to prevent discrimination. [Am. 100]

2.  While the recording equipmenttachograph is unserviceable or malfunctioning, drivers shall mark data enabling identification of the driver (name, driver card or driving licence number), including a signature, as well as the information for the various periods of time which are no longer recorded or printed out correctly by the recording equipmenttachograph:

   (a) on the record sheet or sheets, or
   (b) on a temporary sheet to be attached to the record sheet or to be kept together with the driver card.

CHAPTER VII

Data protection, Enforcement and penalties [Am. 101]

Article 34

Protection of personal data

1.  Member States shall ensure that the processing of personal data in the context of this Regulation is carried out in accordance with Directives 95/46/EC and 2002/58/EC and under the supervision of the public independent authority of the Member State referred to in Article 28 of Directive 95/46/EC.

2.  Member States shall in particular ensure that personal data is protected in relation to:

   the use of a global navigation satellite system (GNSS) for the recording of location data as referred to in Article 4,
   the use of remote communication for control purposes as referred to in Article 5,
   the use of recording equipment with a harmonised interface as referred to in Article 6,
   the electronic exchange of information on driver cards as referred to in Article 26,
   the keeping of records by transport undertakings as referred to Article 29.

3.  The recording equipment referred to in Annex IB shall be designed in such a way as to ensure privacy. Only data strictly necessary for the purpose of the processing shall be processed.

4.  The owners of vehicles and/or transport undertakings shall comply, where applicable, with the relevant provisions on the protection of personal data.[Am. 102]

Article 34a

Control officers

1.  In order to effectively monitor compliance with this Regulation sufficient standard equipment and appropriate legal powers shall be available to all certified control officers to enable them to carry out their duties in accordance with this Regulation. In particular:

   (a) Certified control officers shall be in possession of control cards allowing access to data recorded in the tachograph and in the tachograph cards, including the workshop card.
   (b) Certified control officers shall have the relevant harmonised and standardised tools and type-approved software to download data files of the vehicle unit and the tachograph cards and to be able to analyse speedily such data files and print-outs from the digital tachograph in combination with sheets or charts from the analogue tachograph.

2.  If after having carried out a check certified control officers find enough evidence leading to reasonable suspicion of fraud, they shall be empowered to direct the vehicle to an authorised workshop to perform further tests in order to control, in particular:

   (a) that the tachograph works properly;
   (b) that the tachograph records and stores data correctly, and
   (c) that the calibration parameters are correct.

3.  Certified control officers shall be empowered to instruct authorised workshops to perform the test mentioned in paragraph 2 and specific tests designed to test for the presence of manipulation devices. If manipulation devices are detected, the equipment, including the device itself, the vehicle unit or its components, and the driver card, may be removed from the vehicle and be used as evidence in compliance with national rules of procedure relating to the handling of such evidence.

4.  Certified control officers shall make use of the possibility to check tachographs and driver cards which are on site during a check of the premises of the undertaking.

5.  The Commission shall be empowered to adopt delegated acts in accordance with Article 39 to develop the technical and functional specifications in relation to the equipment referred to in paragraph 1 of this Article.[Am. 103]

Article 35

Training of control officers

1.  Member States shall ensure that control officers are appropriately trained for the analysis of the data recorded and the control of recording equipmenttachographs.

2.  Member States shall inform the Commission about the training requirements for their control officers by ...(17).

2a.  The Commission shall adopt decisions to establish a common system of training of control officers by ...(18)+. [Am. 104]

3.  The Commission shall adopt decisions on thea methodology for the initial and continuing training of control officers, including on techniques to target controls and to detect manipulation devices and fraud. This methodology shall be based on guidelines providing a common interpretation of this Regulation and Regulation No (EC) 561/2006 in order to guarantee a uniform analysis of data recorded by a tachograph in all Member States. Those implementing acts shall be adopted in accordance with the advisoryexamination procedure referred to in Article 40(2)Article 40(3). [Am. 105]

3a.  By …(19) control officers shall pass an examination in order to obtain a European Enforcement Certificate. This harmonised certification shall prove that they have the appropriate skills to efficiently execute their control tasks as defined in this Regulation, in particular in relation to Article 34a. [Am. 106]

3b.  The Commission shall adopt decisions on the requirements and contents of the examination referred to in paragraph 3a of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 40(3). [Am. 107]

3c.  The Commission shall present to the European Parliament and the Council a report every two years regarding the number of control officers following the training in each Member State and obtaining the European Enforcement Certificate. [Am. 108]

Article 35a

Very serious infringements

The following infringements in relation to the obligations set out in this Regulation, due to their special gravity and possible consequences for road safety, shall be considered as very serious infringements in the legislation of Member States:

   (1) In relation to the obligations concerning the installation of tachographs: the installation and use of a non type-approved tachograph;
  (2) In relation to the obligations concerning the use of tachographs, driver card or record sheet:
   (a) the use of a tachograph not complying with the obligations related to inspection referred to in Article 18;
   (b) the use of a tachograph not properly inspected, calibrated or sealed;
   (c) the use of a driver card which is not valid;
   (d) an undertaking not keeping record sheets, printouts and downloads;
   (e) a driver holding more than one valid driver card;
   (f) the use of a driver card which is not the driver's own valid card;
   (g) the use of a defective or expired driver card;
   (h) recorded and stored data not available for at least 365 days;
   (i) the use of dirty or damaged sheets or driver cards and data which are not legible;
   (j) incorrect use of record sheets/driver cards;
   (k) record sheet or driver card used to cover a period longer than that for which it is intended and data is lost;
   (l) not using manual input when required to do so;
   (m) not using correct sheets or driver cards in the correct slot (multimanning).
   (3) In relation to the obligation to fill in information: first name and surname missing on record sheet.
  (4) In relation to the obligation to produce information:
   (a) a refusal to be checked;
   (b) an unjustified lack of records for the current day:
   (c) an unjustified lack of records for the previous 28 days;
   (d) an unjustified lack of records of the driver card if the driver holds one;
   (e) an unjustified lack of manual records and printouts made during the current week and the previous 28 days;
   (f) unable to produce a driver card;
   (g) unable to produce print outs made during the current week and the previous 28 days.
  (5) Breakdown:

Tachograph not repaired by an approved fitter or workshop.
  (6) Manual input on printouts:
   (a) driver not marking all information for the periods of time which are no longer recorded while the tachograph is unserviceable or malfunctioning;
   (b) driver card number and/or name and/or driving licence number missing on temporary sheet;
   (c) loss or theft of driver card not formally declared to the competent authorities of the Member State where the loss or theft occurred.
  (7) In relation to fraud:
   (a) to falsify, suppress, or destroy data recorded on record sheets, stored in the tachograph or on the driver card or print-outs from the tachograph;
   (b) manipulation of tachograph, record sheet, driver card or company card which results in data and/or printout information being falsified;
   (c) manipulation device that could be used to falsify data and/or printout information present in the vehicle. [Am. 109]

Article 36

Mutual assistance

Member States shall assist each other in applying this Regulation and in checking compliance therewith.

Within the framework of this mutual assistance, the competent authorities of the Member States shall in particular regularly send to each other all available information concerning infringements of this Regulation related to fitters and workshops, types of manipulation practices, and any penalties imposed for such infringements. [Am. 110]

Article 36a

Telephone Hotline

The Commission shall install a website and an EU-wide hotline telephone number that can be called free of charge and anonymously by drivers or any other concerned stakeholder wishing to report fraud that falls under the scope of this Regulation. [Am. 111]

Article 37

Penalties

1.  Member States shall lay down rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non-discriminatory. In the case of workshops which have infringed the provisions of this Regulation, this may include the cancellation of approval and withdrawal of the workshop card.

2.  No infringement of this Regulation shall be subject to more than one penalty or procedure.

3.  The penalties laid down by Member States for very serious infringements as set out in Directive 2009/5/EC Article 35a of this Regulation shall be of the highest categories applicable in the Member State for infringements of road transport legislation. [Am. 112]

4.  The Member States shall notify the Commission of these measures and the rules on penalties by ...(20). They shall inform the Commission about any subsequent change to these measures.

CHAPTER VIII

Final provisions

Article 38

Adaptation to technical progress

The Commission shall be empowered to adopt delegated acts in accordance with Article 39 for the purpose of adapting Annexes I, IB and II to technical progress.

The Commission shall adopt the detailed specifications referred to in Articles 4, 5 and 6 by ...(21). It may adopt delegated acts pursuant to Article 39 to extend that time limit if it can show at that date that no suitable equipment meeting the required specifications is yet available. [Am. 125]

Article 39

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 to adopt delegated acts referred to in Articles 4, 5, 6 and 38Articles 3g, 4, 5, 6 and 34a shall be conferred on the Commission for an indeterminatea period of timefive years from the [date of entry into force of this Regulation]...(22). The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 113]

3.  The delegation of powers referred to in Articles 4, 5, 6 and 38Articles 3g, 4, 5, 6 and 34a 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 the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 114]

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 Articles 4, 5, 6 and 38Articles 3g, 4, 5, 6 and 34a 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. [Am. 115]

Article 40

Committee

1.  The Commission shall be assisted by a 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.

Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.

3.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.

Article 41

Tachograph Forum

1.  A Tachograph Forum shall be set up in order to support dialogue on technical matters concerning recording equipmenttachographs among Member States' experts, and experts from third countries which are using the recording equipmenttachographs under the European agreement concerning the work of crews of vehicles engaged in international road transport (AETR).

2.  Member States shall nominate an expert to the Tachograph Forum.

3.  The Tachograph Forum shall be open to participation by experts from interested non-EU Contracting Parties to the AETR.

4.  Stakeholders, representatives of vehicle manufacturers, tachograph manufacturers and social partners, shall be invited to the Tachograph Forum.

5.  The Tachograph Forum shall adopt its rules of procedure.

6.  The Tachograph Forum shall meet at least once a year.

Article 42

Communication of national measures

Member States shall communicate to the Commission the text of the laws, regulations and administrative provisions which they adopt in the field governed by this Regulation no later than 30 days after their date of adoption and for the first time [12 months after the entry into force of this Regulation](23).

* OJ L 102, 11.4.2006, p. 1.

** OJ L 80, 23.3.2002, p. 35.

*** OJ L 57, 2.3.1992, p. 27.

**** OJ L 102, 11.4.2006, p. 35.

***** OJ L 207, 6.8.2010, p. 1.

"

(2)  Annex I is amended as follows:

   (a) In Chapter I Definitions, point (b) is deleted;
   (b) in Chapter III (c), in point 4.1, the reference to ‘Article 15(3), second indent (b), (c) and (d) of the Regulation’ is replaced by ‘Article 30(5), second indent (b), (c) and (d) of the Regulation;’
   (c) in Chapter III (c), in point 4.2, the reference to ‘Article 15 of the Regulation’ is replaced by ‘Article 30 of the Regulation’;
   (d) in Chapter IV (a) point 1, third subparagraph, the reference to ‘Article 15(5) of the Regulation’ is replaced by ‘Article 30(6) of the Regulation ’.

(3)  Annex IB is amended as follows:

   (a) In Chapter I Definitions, points (l), (o), (t), (y), (ee), (kk), (oo) and (qq) are deleted:
  (b) Chapter VI is amended as follows:
   (i) in the first paragraph, the reference to ‘Article 12(5) of Regulation (EEC) No 3821/85 as last amended by Regulation (EC) No 2135/98’ is replaced by ‘Article 24(5) of Regulation (EEC) No 3821/85’;
   (ii) Section 1 ‘Approval of fitters or workshops’ is deleted.
   (c) In Chapter VIII, point 271, the reference to ‘Article 5 of this Regulation’ is replaced by a reference to ‘Article 8 of this Regulation’.

Article 2

Regulation (EC) No 561/2006 is amended as follows:

(-1)  In Article 2, paragraph 1, point (a) is replaced by the following:"

   (a) of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 2,8 tonnes, or“.[Am. 134]
   (-1a) In Article 3, the following point is inserted:
  

”(aa) vehicles or combinations of vehicles used for carrying materials, equipment or machinery for the driver's use in the course of his work, and which are used only within a 100 kilometre radius from the base of the undertaking and only on condition that driving the vehicle does not constitute the driver's main activity;“. [Ams 126+135]

  (-1b) In Article 7, the following paragraph is added:

'By way of derogation from the first and second paragraphs, a driver engaged in the carriage of passengers shall, after a driving period of four-and-a-half hours, take a break of not less than 45 minutes. This break may be replaced by a number of breaks of at least 15 minutes.“.[Am. 127]
   (-1c) In Article 8, paragraph 6a is replaced by the following:

'6a.  By way of derogation from paragraph 6, a driver engaged in the carriage of passengers, as defined in Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services*, may postpone the weekly rest period for up to 12 consecutive 24-hour periods following a previous regular weekly rest period, provided that:

   (a) the driver takes one regular weekly rest period after the use of the derogation;
   (b) a total weekly rest period of 140 hours is observed within a four-week period.[Am. 128]
  

* OJ L 300, 14.11.2009, p. 88.

"

(1)  In Article 13, paragraph 1 is replaced by the following:"

1. Provided the objectives set out in Article 1 are not prejudiced, each Member State may grant exceptions from Articles 5 to 9 and make such exceptions subject to individual conditions on its own territory or, with the agreement of the States concerned, on the territory of another Member State, applicable to carriage by the following:

   (a) vehicles owned or hired, without a driver, by public authorities to undertake carriage by road which do not compete with private transport undertakings;
   (b) vehicles used or hired, without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity within a radius of up to 100 km from the base of the undertaking;
   (c) agricultural tractors and forestry tractors used for agricultural or forestry activities, within a radius of up to 100 km from the base of the undertaking which owns, hires or leases the vehicle;
   (d) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used for the purpose of delivering postal items. These vehicles shall be used only within a 100 kilometre radius from the base of the undertaking, and on condition that driving the vehicles does not constitute the driver's main activity; [Am. 117]
   (e) vehicles operating exclusively on islands not exceeding 2 300 square kilometres in area which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles;
   (f) vehicles used for the carriage of goods within a 100 km radius from the base of the undertaking and propelled by means of natural or liquefied gas or electricity, the maximum permissible mass of which, including the mass of a trailer or semi-trailer, does not exceed 7,5 tonnes;
   (g) vehicles used for driving instruction and examination with a view to obtaining a driving licence or a certificate of professional competence, provided that they are not being used for the commercial carriage of goods or passengers;
   (h) vehicles used in connection with sewerage, flood protection, water, gas and electricity maintenance services, road construction, maintenance and control, door-to-door household refuse collection and disposal, telegraph and telephone services, radio and television broadcasting, and the detection of radio or television transmitters or receivers; [Am. 118]
   (i) vehicles with between 10 and 17 seats used exclusively for the non-commercial carriage of passengers;
   (j) specialised vehicles transporting circus and funfair equipment;
   (k) specially fitted mobile project vehicles, the primary purpose of which is use as an educational facility when stationary;
   (l) vehicles used for milk collection from farms and/or the return to farms of milk containers or the delivery of milk products intended for animal feed; [Am. 119]
   (m) specialised vehicles transporting money and/or valuables;
   (n) vehicles used for carrying animal waste or carcasses which are not intended for human consumption;
   (o) vehicles used exclusively on roads inside hub facilities such as ports, interports and railway terminals;
   (p) vehicles used for the carriage of live animals from farms to local markets and vice versa or from markets to local slaughterhouses within a radius of up to 100 km.
   (q) vehicles used in construction traffic for the supply and delivery of building materials.

"

[Am. 120]

Article 3

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

It shall apply with effect from [one year after entry into force](24).

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

Done at ...

For the European Parliament

The President

For the Council

The President

(1) OJ C 43, 15.2.2012, p. 79.
(2) OJ C 37, 10.2.2012, p. 6.
(3) OJ C 43, 15.2.2012, p. 79.
(4) OJ C 37, 10.2.2012, p. 6.
(5) Position of the European Parliament of 3 July 2012.
(6) OJ L 370, 31.12.1985, p. 8.
(7) OJ L 102, 11.4.2006, p. 1.
(8) OJ L 102, 11.4.2006, p. 35.
(9) OJ L 403, 30.12.2006, p. 18.
(10) OJ L 281, 23.11.1995, p. 31.
(11) OJ L 201, 31.7.2002, p. 37.
(12) OJ L 29, 31.1.2009, p. 45.
(13) OJ L 55, 28.2.2011, p. 13.
(14)+ Date: two years after the date of entry into force of this Regulation.
(15)+ Date of entry into force of this Regulation.
(16)+ Date of entry into force of this Regulation.
(17)+ Date: six months after the date of entry into force of this Regulation.
(18)++ Date: 12 months after the date of entry into force of this Regulation.
(19)+ Date: 24 months after the date of entry into force of this Regulation.
(20)+ Date of application of this Regulation.
(21)+ Date: two years after entry into force of this Regulation.
(22)+ Date of entry into force of this Regulation.
(23)+ Date: 12 months after the date of entry into force of this Regulation.
(24)* Date: 12 months after the date of entry into force of this Regulation.


Customs enforcement of intellectual property rights ***I
PDF 486kWORD 219k
Resolution
Consolidated text
European Parliament legislative resolution of 3 July 2012 on the proposal for a regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights (COM(2011)0285 – C7-0139/2011 – 2011/0137(COD))
P7_TA(2012)0272A7-0046/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0285),

–  having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0139/2011),

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

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

–  having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on International Trade and the Committee on Legal Affairs (A7-0046/2012),

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 3 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights

P7_TC1-COD(2011)0137


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 207 thereof,

Having regard to the proposal from the European Commission,

Having regard the opinion of the European Data Protection Supervisor(1),

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

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(1)  The Council of the European Union requested, in its Resolution of 25 September 2008 on a comprehensive European anti-counterfeiting and anti-piracy plan(3), that Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights(4) be reviewed.

(2)  The marketing of goods infringing intellectual property rights does considerable damage to right-holders, law-abiding manufacturers and traders. It is also deceiving consumers, and could in some cases endanger their health and safety. Such goods should, in so far as is possible, be prevented from entering the customs territory of the Union and be kept off the market and measures should be adopted to deal with this unlawful activity without impeding legitimate trade. For this reason, consumers need to be well-informed about the risks involved in purchasing those goods. [Am. 1]

(3)  The review of Regulation (EC) No 1383/2003 showed that certain improvements to the legal framework were necessary to strengthen the enforcement of intellectual property rights by customs authorities, as well as to ensure appropriate legal clarity, thereby taking into account developments in the economic, commercial and legal areas. [Am. 2]

(4)  The customs authorities should be able to control goods, which are or should have been subject to customs supervision in the customs territory of the Union, including goods placed under a suspensive procedure, with a view to enforcing intellectual property rights. Enforcing intellectual property rights at the border, wherever the goods are, or should have been, under ‘customs supervision’ as defined by Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(5), makes good use of resources. Where goods are detained by customs at the border, one legal proceeding is required, whereas several separate proceedings would be required for the same level of enforcement for goods found on the market, which have been disaggregated and delivered to retailers. An exception should be made for goods released for free circulation under the end-use regime, as such goods remain under customs supervision, even though they have been released for free circulation. It is also appropriate not to apply this Regulation to goods carried by passengers in their personal luggage as long as these goods are for their own personal use and there are no indications that commercial traffic is involved. [Am. 3]

(5)  Regulation (EC) No 1383/2003 does not cover certain intellectual property rights and excludes certain infringements. In order to strengthen the enforcement of intellectual property rights, customs control should therefore be extended to other types of infringements, such as infringements resulting from parallel trade, as well as other infringements of rights already enforced by customs authorities but not covered by Regulation (EC) No 1383/2003. For the samethat purpose it is appropriate to include in the scope of this Regulation, in addition to the rights already covered by Regulation (EC) No 1383/2003, trade names in so far as they are protected as exclusive property rights under national law, topographies of semiconductor products, utility models and devices to circumvent technological measures, as well as any exclusive intellectual property right established by Union legislation. [Am. 4]

(5a)  Member States should commit sufficient resources to enable customs authorities to carry out their extended responsibilities and provide appropriate training for customs officials. The Commission and Member States should adopt guidelines to ensure the correct and uniform implementation of customs controls for the different types of infringements covered by this Regulation. [Am. 5]

(5b)  This Regulation, when fully implemented, should further contribute to a single market which ensures more effective protection to right-holders, fuels creativity and innovation and provides consumers with reliable and high-quality products, which should in turn strengthen cross-border transactions between consumers, businesses and traders. [Am. 6]

(5c)  The Commission should take all measures necessary to ensure harmonised application, without unnecessary delay, by the customs authorities of the new legal framework throughout the Union to ensure efficient enforcement of intellectual property rights, which would protect right-holders without hampering trade. The implementation of the Modernised Customs Code and in particular an inter-operable ‘eCustoms’ system could, in the future, facilitate such enforcement. [Am. 7]

(5d)  Member States face increasingly limited resources in the field of customs. Therefore, any new regulation should not result in additional financial burdens for national authorities. The promotion of new risk management technologies and strategies to maximise resources available to national authorities should be supported. [Am. 8]

(6)  This Regulation contains procedural rules for customs authorities. Accordingly, this Regulation does not introduceset out any new criterion for ascertaining the existence of an infringement of the intellectual property law applicable. [Am. 9]

(7)  This Regulation should not affect the provisions on the competence of courts, in particular those of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters(6).

(8)  Any person, whether or not the holder of an intellectual property right, who is able to initiate legal proceedings in his/her own name with respect to a possible infringement of that right, should be entitled to submit an application for action by the customs authorities.

(9)  In order to ensure that intellectual property rights are enforced throughout the Union, it is appropriate to provide that, where a person entitled to submit an application for action seeks enforcement of an intellectual property right covering the whole territory of the Union, that person may request the customs authorities of a Member State to take a decision requiring action by the customs authorities of that Member State and of any other Member State where enforcement of the intellectual property right is sought.

(10)  In order to ensure the swift enforcement of intellectual property rights, it should be provided that, where the customs authorities suspect, on the basis of adequate evidencehaving sufficient reason to believe this, that goods under their supervision infringe intellectual property rights, those customs authorities may suspend the release or detain the goods whether at their own initiative or upon application, in order to enable the persons entitled to submit an application for action of the customs authorities to initiate proceedings for determining whether an intellectual property right has been infringed. [Am. 10]

(10a)  Where goods in transit are suspected to be an imitation or a copy of a product protected in the Union by an intellectual property right, the declarant or holder of the goods should bear the burden of proving the final destination of the goods. The final destination of the goods should be presumed to be the market of the Union in the absence of clear and convincing evidence to the contrary provided by the declarant, holder or owner of the goods. The Commission should adopt guidelines which will provide criteria for customs authorities to effectively assess their risk of deviation onto the market of the Union, taking into account the relevant case-law of the Court of Justice of the European Union. [Am. 11]

(11)  Where goods suspected of infringing intellectual property rights are not counterfeit or pirated goods, it may be difficult to determine upon mere visual examination by customs authorities whether an intellectual property right might be infringed. It is therefore appropriate to provide that proceedings should be initiated, unless the parties concerned, namely the holder of the goods and the right-holder, agree to abandon the goods for destruction. It should be for the competent authorities dealing with such proceedings to determine whether an intellectual property right has been infringed and to take appropriate decisions concerning the infringements of intellectual property rights concerned. [Am. 12]

(12)  Regulation (EC) No 1383/2003 allowed Member States to provide for a procedure allowing the destruction of certain goods without there being any obligation to initiate proceedings to establish whether an intellectual property right has been infringed. As recognised in the European Parliament Resolution of 18 December 2008 on the impact of counterfeiting on international trade(7), this procedure has proved very successful in the Member States where it has been available. Therefore, such procedure should be made compulsory for those visiblewith regard to all infringements that are easy to identify upon mere visual examination by the customs authorities and should be applied at the right-holder's request, where the right-holder has confirmed the infringement of an intellectual property right and agreed to destruction and where the declarant or holder of the goods does not object to destruction. [Am. 13]

(13)  In order to reduce to the minimum the administrative burden and costs, without prejudice to the consumer's right to be duly informed within a reasonable time of the legal basis of the actions taken by the customs authorities, a specific procedure should be introduced for small consignments of counterfeit and pirated goods, which would allow for goods to be destroyed without the agreement of the right-holder where the right-holder has requested the use of the specific procedure in his application. In order to establish the thresholds under which consignments are to be considered as small consignments, this Regulation should delegate to the Commission the power to adopt non-legislative acts of general application in accordance with Article 290 of the Treaty on the Functioning of the European Union. It is of importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. [Am. 14]

(14)  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. [Am. 15]

(15)  For further legal clarity and in order to protect the interests of legitimate traders from possible abuse of the border enforcement provisions, it is appropriate to modify the time limits for detaining goods suspected of infringing an intellectual property right, the conditions in which information about consignments is to be passed on to right-holders by customs authorities, and the conditions for applying the procedure allowing for destruction of the goods under customs control for suspected infringements of intellectual property rights.other than for counterfeit and pirated goods andWhere customs authorities take action following the granting of an application, it is also appropriate to introduce a provision allowing the holder of the goods to express his/her views before the customs administration takes a decision which would adversely affect him/hersuspends the release of or detains goods suspected of infringing intellectual property rights that are not counterfeit or pirated goods, as it may be difficult for customs authorities to determine upon mere visual examination whether an intellectual property right might be infringed. [Am. 16]

(16)  Taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures, some aspects of the procedures should be adapted to ensure a smooth application of this Regulation, whilst respecting the rights of the concerned parties. Thus, with respect to the various notifications envisaged by this Regulation, the customs authorities should notify the most appropriate person, on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed. The periods laid down in this Regulation for the required notifications should be counted from the time those notifications are sent by the customs authorities in order to align all periods of notifications sent to the concerned partieshave been received. The period allowing for a right to be heard before an adverse decision is takenthe suspension of release or detention of goods other than counterfeit or pirated goods should be three working days, given that after receipt where the holders of decisions granting applications for action have voluntarily requested the customs authorities to take action and that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervision. In the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs formalities, thatthe right to be heard should be granted for all types of goods and the period allowing for that right should be significantly extended. Taking into account the potential workload of the customs enforcement provided for in this Regulation, the customs authorities should give preference to handling large consignments. [Am. 17]

(17)  Under the ‘Declaration on the TRIPS Agreement and Public Health’ adopted by the Doha World Trade Organisation (WTO) Ministerial Conference on 14 November 2001, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all. InIt is therefore of particular importance that customs authorities ensure that any measures taken up by them are in line with regard tothe Union's international commitments and its development cooperation policy under Article 208 of the Treaty on the Functioning of the European Union, and do not detain or suspend the release of generic medicines the passage of which across thisthe territory of the European Union, with or without transshipment, warehousing, breaking bulk, or changes in the mode or means of transport, is only a portion of a complete journey beginning and terminating beyond the territory of the Union, customs authorities should, when assessing a risk of infringement of intellectual property rights, take account of any substantial likelihood of diversion of these goods onto the market ofwhere there is no clear and convincing evidence that they are intended for sale in the Union. [Am. 109, 126 and 153]

(17a)  Medicines that bear a false trademark or trade description misrepresent their origin and quality level and thus should be treated as falsified medicines under Directive 2011/62/EU of the European Parliament and of the Council of 8 June 2011 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use, as regards the prevention of the entry into the legal supply chain of falsified medicinal products(8). Adequate measures should be taken to prevent such products from reaching patients and consumers, without hindering legal generic medicine from transiting the customs territory of the Union. By ...(9) the Commission should present a report analysing the effectiveness of current customs measures aimed at combating trade in falsified medicines, and the possible negative impact on the access of generic medicine in relation to this. [Am. 110, 127 and 154]

(17b)  In order to step up action against infringements of intellectual property rights, the European Observatory on Infringements of Intellectual Property Rights should play an important role in providing customs authorities with useful information enabling them to act quickly and effectively. [Am. 20]

(17c)  Countering intellectual property rights infringements at the Union's external borders should be combined with targeted efforts at source. This requires cooperation both with third countries and at international level, where the Commission and Member States should build respect and promote high standards of protection for intellectual property rights. This should consist of endorsing the inclusion and enforcement of intellectual property rights in trade agreements, of technical cooperation, of encouraging discussion in the various international fora, of communication and exchange of information, as well as of further steps in operational cooperation with third countries and the industries concerned. [Am. 21]

(17d)  With a view to eliminating international trade in goods infringing intellectual property rights, Article 69 of the TRIPS Agreement provides that WTO Members are to promote the exchange of information between customs authorities on trade in goods infringing intellectual property rights. Such exchange of information should allow trafficking networks to be tracked in order to stop the manufacture and distribution of goods infringing intellectual property rights at an earlier stage of the supply chain. It is therefore necessary to establish the conditions for the exchange of information between customs authorities in the Union and relevant authorities in third countries, including on data protection. [Am. 22]

(17e)  In line with the Union's goal of strengthening international cooperation in the fight against counterfeiting, piracy and illicit parallel trade in goods infringing the intellectual property of registered right-holders,  the European Observatory on Infringements of Intellectual Property Rights has a key role to play by providing all customs authorities of Member States with relevant and timely information to conduct appropriate controls of authorised importers and distributors of goods suspected of infringing an intellectual property right in the internal market as well as exporters thereof to foreign markets. That role could be further enhanced by the creation of a database of genuine Union products and services protected by registered trademarks, designs and patents and which could also be made available to foreign customs authorities cooperating with the Union on better intellectual property rights protection and enforcement. [Am. 23]

(18)  In the interest of efficiency, the provisions of Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs or agricultural matters(10), should apply.

(19)  The liability of the customs authorities should be governed by the legislation of the Member States, though the granting by the customs authorities of an application for action should not entitle the holder of the decision to compensation in the event that such goods are not detected by a customs office and are released or no action is taken to detain them.

(20)  Given that customs authorities take action upon prior application, the holder of the decision granting an application for action by the customs authorities should reimburse all the costs incurred by the customs authorities in taking action to enforce his or her intellectual property rights. Nevertheless, this should not preclude the holder of the decision from seekingshould have the right to seek compensation from the infringer or other persons that might be considered liable under the legislation of the Member State concerned, for example certain intermediaries such as carriers. Costs and damages incurred by persons other than customs administrations as a result of a customs action, where the goods are detained on the basis of a claim of a third party based on intellectual property, should be governed by the specific legislation in each particular case. [Am. 24]

(20a)  This Regulation introduces the possibility for customs authorities to allow goods abandoned for destruction to be moved, under customs supervision, between different places within the customs territory of the Union. Customs authorities should be encouraged to make use of that possibility in order to facilitate the economically and environmentally sound destruction of those goods, as well as for educational and exhibition purposes, while providing for appropriate security measures. [Am. 25]

(21)  Customs enforcement of intellectual property law will entail the exchange of data on decisions relating to applications for action. Such processing of data covers also personal data which should be carried out in accordance with Union law, as set out, in particular, in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(11) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by Community institutions and bodies and on the free movement of such data(12).

(21a)  The following elements of the database should be defined in Union legislation: the entity which will control and manage the database and the entity in charge of ensuring the security of the processing of the data contained in the database. Introducing any type of possible interoperability or exchange should first and foremost comply with the purpose limitation principle, namely that data should be used for the purpose for which the database has been established, and no further exchange or interconnection should be allowed other than for that purpose. [Am. 26]

(22)  In order to ensure uniform conditions for the implementation of the provisions concerning the forms for the application for action by the customs authorities and for requesting the extension of the period during which customs authorities are to take action, implementing powers should be conferred on the Commission, namely to establish standard forms. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of 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 powers(13).

(23)  Although the subject of the provisions of this Regulation to be implemented falls within the scope of the common commercial policy, given the nature and impacts of the implementing acts, the advisory procedure should be used for their adoption.

(24)  Regulation (EC) No 1383/2003 should be repealed,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

1.  This Regulation sets out the conditions and procedures for action by the customs authorities where goods suspected of infringing an intellectual property right are, or should have been, subject to customs supervision within the customs territory of the Union.

2.  This Regulation shall not apply to goods that have been released for free circulation under the end-use regime within the meaning of Article 82 of Regulation (EEC) No 2913/92.

3.  This Regulation shall not affect in any way the laws of the Member States and of the Union on intellectual property.

4.  This Regulation shall not apply to goods of a non-commercial nature contained in travellers' personal luggage.

4a.  This Regulation shall apply to goods in transit through the customs territory of the Union which are suspected of infringing an intellectual property right. [Am. 27]

Article 2

Definitions

For the purposes of this Regulation:

  (1) ‘intellectual property rights’ means:
   (a) a trade mark;
   (b) a design;
   (c) a copyright or any related right as provided for by the legislation of a Member State;
   (d) a geographical indication;
   (e) a patent as provided for by the legislation of a Member State;
   (f) a supplementary protection certificate for medicinal products as provided for in Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products(14);
   (g) a supplementary protection certificate for plant protection products as provided for in Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products(15);
   (h) a Community plant variety right as provided for in Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights(16);
   (i) a plant variety right as provided for by the legislation of a Member State;
   (j) a topography of semiconductor product as provided for by the legislation of a Member State;
   (k) a utility model as provided forinsofar as it is protected as an exclusive intellectual property right by the legislation of a Member State; [Am. 28]
   (l) a trade name in so far as it is protected as an exclusive intellectual property right by the legislation of a Member State;
   (m) any other right that is established as an exclusive intellectual property right by Union legislation;
  (2) ‘trade mark’ means:
   (a) a Community trade mark as provided for in Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark(17);
   (b) a trade mark registered in a Member State, or, in the case of Belgium, the Netherlands or Luxembourg, at the Benelux Office for Intellectual Property;
   (c) a trade mark registered under international arrangements which have effect in a Member State;
   (d) a trade mark registered under international arrangements which have effect in the Union;
  (3) ‘design’ means:
   (a) a Community design as provided for in Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs(18);
   (b) a design registered in a Member State;
   (c) a design registered under international arrangements which have effect in a Member State;
   (d) a design registered under international arrangements which have effect in the Union;
  (4) ‘geographical indication’ means:
   (a) a geographical indication or designation of origin protected for agricultural products and foodstuff as provided for in Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(19);
   (b) a designation of origin or geographical indication for wine as provided for in Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(20);
   (c) a geographical designation for aromatised wine as provided for in Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine- based drinks and aromatized wine-product cocktails(21);
   (d) a geographical indication of spirit drinks as provided for in Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89(22);
   (e) a geographical indication for products other than wines, spirits, agricultural products or foodstuff in so far as it is established as an exclusive intellectual property right by legislation of a Member State or the Union;
   (f) a geographical indication as provided for in Agreements between the Union and third countries and as such listed in those Agreements;
  (5) ‘counterfeit goods’ means:
   (a) goods which are subject of an action infringing a trade mark and bear without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark, as well as any trade mark sign, even if presented separately, and packaging bearing the trade marks of the counterfeit goods; [Am. 29]
   (b) goods which are subject of an action infringing a geographical indication and bear or are described by a name or term protected in respect of that geographical indication;
   (6) ‘pirated goods’ means goods which are the subject of an action infringing a copyright or related right or a design and which are or contain copies made without the consent of the holder of a copyright or related right or a design, regardless of whether it is registered, or of a person authorised by that holder in the country of production;
   (7) ‘goods suspected of infringing an intellectual property right’ means goods with regard to which there is adequate evidence are sufficient reasons to satisfy customs authorities that, in the Member State where these goods are found, are prima facie: [Am. 30]
   (a) goods which are subject of an action infringing an intellectual property right underin the law of the Union or of that Member State where the goods are found; [Am. 31]
   (b) devices, products or components which circumvent any technology, device or component that, in the normal course of its operation, prevents or restricts acts in respect of works which are not authorised by the right-holder of any copyright or right related to copyright and which infringe an intellectual property right under the law of that Member state;
   (c) any mould or matrix which is specifically designed or adapted for the manufacture of goods infringing an intellectual property right, if such moulds or matrices infringe the right-holder's rights under Union law orin the law of that Member State where the goods are found; [Am. 32]
   (8) ‘application’ means a request made to the customs authorities to take action where goods are suspected of infringing an intellectual property right;
   (9) ‘national application’ means an application requesting the customs authorities of a Member State to take action in that Member State;
   (10) ‘Union application’ means an application submitted in one Member State and requesting the customs authorities of that Member State and of one or more other Member States to take action in their respective Member States;
   (11) ‘applicant’ means the person who submits an application in his or her own name;
   (12) ‘holder of the goods’ means the person who is the owner of the goods or who has a similar right of disposal over them or who has physical control over them;
   (13) ‘declarant’ means the declarant as referred toperson lodging a declaration in Article 4(18) of Regulation (EEC) No 2913/92his or her own name or the person in whose name a customs declaration is made; [Am. 33]
   (14) ‘destruction’ means the physical destruction, recycling or disposal of goods outside commercial channels, in such a way as to preclude injury to the holder of the decision granting the application;
   (15) ‘customs supervision’ means action taken in general by the supervision by customs authorities as referred to in Article 4(13) of Regulation (EEC) No 2913/92with a view to ensuring that customs legislation and, where appropriate, other provisions applicable to goods subject to such action are observed; [Am. 34]
   (16) ‘customs territory of the Union’ means the customs territory of the Community as referred to in Article 3 of Regulation (EEC) No 2913/92;
   (17) ‘release of the goods’ means the act whereby the customs authorities make goods available for the purposes specified for the customs procedure under which they are placed;
   (17a) ‘small consignment’ means a single package of commercial nature which:
   (a) includes fewer than three items; or
   (b) includes items of a total weight of less than 2 kilograms; [Am. 35]
   (17b) ‘perishable good’ means a good that is liable to significantly reduce in value over time or, because of its nature, is in danger of being destroyed. [Am. 36]

Article 3

Applicable law

Without prejudice to Article 8 of Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)(23), the law of the Member State where the goods are found in one of the situations referred to in Article 1(1) shall apply for the purpose of determining whether the use of those goods gives rise to suspicion of infringement of an intellectual property right or has infringed an intellectual property right.

CHAPTER II

APPLICATIONS FOR ACTION BY THE CUSTOMS AUTHORITIES

Section 1

SUBMISSION OF APPLICATIONS FOR ACTION

Article 4

Persons entitled to submit an application

1.  The persons entitled to submit a national or a Union application shall be any of the following:

   (a) holders of intellectual property rights;
   (b) intellectual property collective rights management bodies which are regularly recognised as having a right to representlawfully representing holders of copyrights or related rights; [Am. 37]
   (c) professional defence bodies which are regularly recognised as having a right to representlawfully representing holders of intellectual property rights; [Am. 38]
   (d) groups within the meaning of Article 5(1) of Regulation (EC) No 510/2006, groups of producers in the meaning of Article 118e of Regulation (EC) No 1234/2007 or similar groups of producers provided for in the legislation of the Union governing geographical indications representing producers of a geographical indication or representatives of such groups; operators entitled to use a geographical indication; as well as inspection bodies competent for such a geographical indication.

2.  In addition to the persons set out in paragraph 1, any of the following shall be entitled to submit a national application:

   (a) all other persons authorised to use intellectual property rights;
   (b) groups of producers provided for in the legislation of the Member States governing geographical indications representing producers of a geographical indication or representatives of such groups, operators entitled to use a geographical indication, as well as inspection bodies competent for such a geographical indication.

3.  In addition to the persons set out in paragraph 1, the holder of an exclusive license covering the customs territory of the Union shall be entitled to submit a Union application.

4.  All persons entitled to submit an application under paragraphs 1, 2 and 3 must be able to initiate proceedings for infringement of intellectual property rights in the Member State where the goods are found.

Article 5

Intellectual property rights covered by Union applications

A Union application may be submitted with respect to any intellectual property right applying throughout the Union.

Article 6

Submission of applications

1.  The persons referred to in Article 4 may request action by the customs authorities where the use of goods is suspected of infringing an intellectual property right by submitting an application to the competent customs department. The application shall be made out on the form referred to in paragraph 3.

1a.  The persons referred to in Article 4 shall only submit one application for each intellectual property right protected in a Member State or in the Union. [Am. 39]

2.  Each Member State shall designate the customs department competent to receive and process applications. The Member State shall inform the Commission accordingly and the Commission shall make public the list of competent customs departments designated by the Member States.

3.  The Commission shall establish an application form by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2). When exercising its implementing power, the Commission shall consult the European Data Protection Supervisor. [Am. 40]

The form shall, in particular, require the following information to be provided by the applicant:

   (a) details of the applicant;
   (b) status of the applicant within the meaning of Article 4;
   (c) supporting documents to be provided to satisfy the customs department that the applicant is a person entitled to submit the application;
   (d) the empowerment of natural or legal persons representing the applicant, in accordance with the legislation of the Member State in which the application is filed;
   (e) the intellectual property right or rights to be enforced;
   (f) in the case of a Union application, the Member State or Member States in which customs action is requested;
   (g) specific and technical data on the authentic goods, including marking, such as bar-coding, and images where appropriate; [Am. 41]
   (h) the information, to be attached to the form, needed to enable the customs authorities to readily identify the goods in question;
   (i) any information relevant to the customs authorities' analysis and assessment of the risk of infringement of the intellectual property right(s) concerned, such as the authorised distributors; [Am. 42]
   (j) name(s) and address(es) of the representative(s) of the applicant in charge of legal and technical matters;
   (k) undertaking by the applicant to notify the competent customs department of any of the situations laid down in Article 14;
   (l) undertaking by the applicant to forward and update any information relevant to the customs authorities' analysis and assessment of the risk of infringement of the intellectual property right(s) concerned;
   (m) undertaking by the applicant to assume liability under the conditions laid down in Article 26;
   (n) undertaking by the applicant to bear the costs referred to in Article 27 under the conditions laid down in that Article;
   (o) undertaking by the applicant to agree that the data provided by him/her will be processed by the Commission; [Am. 43]

The application shall contain the information that must be provided to the data subject pursuant to Regulation (EC) No 45/2001 and the national laws implementing Directive 95/46/EC. [Am. 44]

4.  Where computerised systems are available for the purpose of receiving and processing applications, applications shall be submitted using electronic data-processing techniques. Member States shall make such systems available no later than 1 January 2014. [Am. 45]

5.  Where an application is submitted after notification by the customs authorities of the suspension of the release or detention of the goods in accordance with Article 17(4), that application shall comply with the following additional requirements:

   (a) it shall be submitted to the competent customs department within four working days of the notification of the suspension of the release or detention of the goods;
   (b) it shall be a national application;
   (c) it shall contain the information required in paragraph 3. However, the applicant shall be allowed to omit the particulars mentioned in points (g) to (i) of paragraph 3.

Section 2

DECISIONS ON APPLICATIONS FOR ACTION

Article 7

Processing of applications

1.  Where, on receipt of an application, the competent customs department considers that it does not contain all the information required by Article 6(3), the competent customs department shall request the applicant to supply the missing information within 10 working days of dispatch of the notification.

In such cases, the time limit referred to in the first paragraph of Article 8 shall be suspended until the relevant information is received.

2.  Where the applicant does not provide the missing information within the period referred to in paragraph 1, the competent customs department shallmay reject the application. In that event the competent customs department shall provide reasons for its decision and include information on the appeal procedure. [Am. 46]

3.  The applicant shall not be charged a fee to cover the administrative costs resulting from the processing of the application.

Article 8

Notification of decisions granting or rejecting applications for action

The competent customs department shall notify the applicant of its decision granting or rejecting the application within 30 working days of the receipt of the application.

However, where the applicant has been previously notified of the suspension of the release or detention of the goods by the customs authorities, the competent customs department shall notify the applicant of its decision granting or rejecting the application within one working day of the receipt of the application.

Article 9

Decisions concerning applications for action

1.  Decisions granting a national application, decisions revoking such decisions or amending them, and decisions extending the period during which customs authorities are to take action shall take effect in the Member State in which the national application was filed from the date of their adoption.

2.  Decisions granting a Union application, decisions revoking such decisions or amending them and decisions extending the period during which customs authorities are to take action shall take effect as follows:

   (a) in the Member State in which the application was filed, from the date of adoption;
   (b) in all other Member States where action by the customs authorities is requested, from the date on which the customs authorities are notified in accordance with Article 13(2) and provided that the holder of the decision has fulfilled his obligations under Article 27(3).

Article 10

Period during which the customs authorities are to take action

1.  When granting an application, the competent customs department shall specify the period during which the customs authorities are to take action.

That period shall begin from the date of adoption of the decision granting the application and shall not exceed one year.

2.  Where an application submitted after notification by the customs authorities of the suspension of the release or detention of the goods in accordance with Article 17(4) does not contain the particulars referred to in points (g) to (i) of Article 6(3), it shall be granted only for the suspension of the release or detention of those goods.

3.  Where an intellectual property right ceases to have effect or where the applicant ceases for other reasons to be the person entitled to submit an application, no action shall be taken by the customs authorities. The decision granting the application shall be revoked or amended accordingly by the customs authorities that granted the decision.

Article 11

Extension of the period during which the customs authorities are to take action

1.  On expiry of the period during which the customs authorities are to take action, and subject to the prior discharge by the holder of the decision of any debt owed to the customs authorities under this Regulation, the customs department which took the initial decision may, at the request of the holder of the decision granting the application, extend that period.

2.  Where the request for extension of the period during which the customs authorities are to take action is made less than 30 working days before the expiry of that decision, the competent customs department may refuse the extension.

3.  The request for extension of the period during which the customs authorities are to take action shall indicate any change in the information provided under Article 6(3).

4.  The competent customs department shall notify its decision on the extension to the holder of the decision granting the application within 30 working days of the receipt of that request.

5.  The extended period during which the customs authorities are to take action shall run from the date of adoption of the decision granting the extension and shall not exceed one year.

Where an intellectual property right ceases to have effect or where the applicant ceases for other reasons to be the person entitled to submit an application, no action shall be taken by the customs authorities. The decision granting the extension shall be revoked or amended accordingly by the customs authorities that granted the decision.

6.  The holder of the decision shall not be charged a fee to cover the administrative costs resulting from the processing of the request for extension.

7.  The Commission shall establish an extension request form by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).

Article 12

Amending the decision with regard to intellectual property rights

The competent customs department that adopted the decision granting the application may, at the request of the holder of that decision, modify the list of intellectual property rights in that decision.

In the case of a decision granting a Union application, any modification consisting in adding intellectual property rights shall be limited to those intellectual property rights covered by Article 5.

Article 13

Notification obligations of the competent customs department

1.  The competent customs department to which a national application has been submitted shall forward the following decisions to the customs offices of its Member State, immediately after their adoption:

   (a) its decisions granting a national application;
   (b) its decisions revoking decisions granting a national application;
   (c) its decisions amending decisions granting a national application;
   (d) its decisions extending the period during which the customs authorities are to take action.

2.  The competent customs department to which a Union application has been submitted shall forward the following decisions to the competent customs department of the Member State or Member States indicated in the Union application:

   (a) decisions granting a Union application;
   (b) decisions revoking decisions granting a Union application;
   (c) decisions amending decisions granting a Union application;
   (d) decisions extending or refusing to extend the period during which the customs authorities are to take action;
   (e) decisions suspending the actions of the customs authorities under Article 15(2).

The competent customs department of the Member State(s) indicated in the Union application shall thereafter immediately forward those decisions to their customs offices.

3.  Once the central database of the Commission referred to in Article 31(3) is in place, all exchanges of data on decisions concerning applications for action, accompanying documents and notifications between the customs authorities of the Member States shall be made via that database.

Article 14

Notification obligations of the holder of the decision granting the application

The holder of the decision granting the application shall notify within five working days the competent customs department that adopted that decision of any of the following: [Am. 47]

   (a) an intellectual property right covered by his or her application ceases to have effect;
   (b) the holder of the decision ceases for other reasons to be the person entitled to submit the application;
   (c) modifications to the information required under Article 6(3).

Article 15

Failure of the holder of the decision granting the application to fulfil his/her obligations

1.  Where the holder of the decision granting the application uses the information provided by the customs authorities for purposes other than those provided for in Article 19, the competent customs department may:

   (a) suspend the decision granting the application in the Member State where the information was provided or used until the expiry of the period during which the customs authorities are to take action;
   (b) refuse to extend the period during which the customs authorities are to take action.

2.  The competent customs department may decide to suspend the actions of the customs authorities until the expiry of the period during which those authorities are to take action, where the holder of the decision:

   (a) does not fulfil his/her notification obligations under Article 14;
   (b) does not comply with the requirements of Article 18(2) on returning samples; [Am. 48]
   (c) does not fulfil his/her obligations under Article 27(1) and (3) with respect to costs and translation;
   (d) does not initiate proceedings as provided for in Articles 20(1), 23(4)Article 20(4) or Article 24(9). [Am. 49]

In the case of a Union application, the decision to suspend the actions of the customs authorities shall have effect only in the Member State where such decision is taken.

CHAPTER III

PROVISIONS GOVERNING ACTION BY THE CUSTOMS AUTHORITIES

Section 1

SUSPENSION OF THE RELEASE OR DETENTION OF GOODS SUSPECTED OF INFRINGING AN INTELLECTUAL PROPERTY RIGHT

Article 16

Suspension of the release or detention of the goods following the grant of an application

1.  Where the customs authorities of a Member State identify, in one of the situations referred to in Article 1(1), goods suspected of infringing an intellectual property right covered by a decision granting an application for action, they shall take a decision to suspend the release of the goods or to detain them. [Am. 50]

2.  Before adoptingsuspending the decision of suspension of release of or detention ofdetaining the goods, the customs authorities may ask the holder of the decision granting the application to provide them with any relevant information. The customs authorities mayshall also provide the holder of the decision, at his or her request, with information about the actual or supposed number of items, their nature and imagesphotographs of those items as appropriate. [Am. 51]

3.  Before adopting the decision of suspension of releaseWhere goods suspected of infringing intellectual property rights are not counterfeit or detention of thepirated goods, the customs authorities shall communicate their intention to the declarant or, in cases where goods are to be detained, the holder of the goods before suspending the release of or detaining the goods. The declarant or the holder of the goods shall be given the opportunity to express his/her views within three working days of dispatchreceipt of that communication. [Am. 52]

3a.  Where goods suspected to be an imitation or a copy of a product protected in the Union by an intellectual property right are placed under a suspensive procedure, the customs authorities shall request the declarant or holder of the goods to provide adequate evidence that the final destination of the goods is beyond the territory of the Union within three working days of receipt of that request. Where no adequate evidence to the contrary is provided, customs authorities shall presume the final destination to be the territory of the Union.

   By ... (24) the Commission shall adopt implementing acts establishing guidelines for customs authorities to assess the risk of deviation of the goods referred to in the first subparagraph onto the market of the Union. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2). [Am. 53]

4.  The customs authorities shall notify the holder of the decision granting the application and the declarant or holder of the goods of their decision to suspendthe suspension of the release of the goods or to detain themtheir detention within one working day. Alternatively, the customs authorities may request the holder of the adoptiondecision granting the application to notify the declarant or holder of theirthe goods accordingly, where the holder of the decision granting the application guarantees that he or she will comply with the time limits and obligations laid down in this Regulation. [Am. 54]

The notification to the declarant or holder of the goods shall include information on the legal consequences provided for in Article 20 with respect to other goods than counterfeit and pirated goods and by Article 23 with respect to counterfeit and pirated goods. [Am. 55]

5.  The customs authorities shall inform the holder of the decision granting the application and the declarant or holder of the goods of the actual or estimated quantity, the actual or presumed nature of the goods, including imagesphotographs of those items as appropriate, whose release has been suspended or which have been detained. [Am. 56]

6.  Where several persons are considered to be holder of the goods, the customs authorities shall not be obliged to inform more than one person.

Article 17

Suspension of the release or detention of the goods without the grant of an application

1.  Where the customs authorities identify, in the course of action in one of the situations referred to in Article 1(1), goods suspected of infringing an intellectual property right, they may suspend the release of those goods or detain them before having been notified of a decision granting an application with respect to those goods.

2.  Before adoptingsuspending the decision of suspension of release of or detention ofdetaining the goods, the customs authorities may, without disclosing any information other than the actual or supposed number of items, their nature and imagesphotographs of those items as appropriate, request any person entitled to submit an application concerning the alleged infringement of intellectual property rights to provide them with any relevant information. [Am. 57]

3.  Before adopting a decision to suspend the release of the goods or to detain them, the customs authorities shall communicate their intention to the declarant or, in cases where goods are to be detained, to the holder of the goods. The declarant or the holder of the goods shall be given the opportunity to express his/her views within three working days of dispatch of that communication. [Am. 58]

3a.  Where goods suspected to be an imitation or a copy of a product protected in the Union by an intellectual property right are placed under a suspensive procedure, the customs authorities shall request the declarant or holder of the goods to provide adequate evidence that the final destination of the goods is beyond the territory of the Union within three working days of dispatch of that request. Where no adequate evidence to the contrary is provided, customs authorities shall presume the final destination to be the territory of the Union.

   By ... (25) the Commission shall adopt implementing acts establishing guidelines for customs authorities to assess the risk of deviation of the goods referred to in the first subparagraph onto the market of the Union. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2). [Am. 59]

4.  The customs authorities shall notify the suspension of the release or the detention of the goods to any person entitled to submit an application concerning the alleged infringement of intellectual property rights within one working day of the suspension of the release or of the detention of the goods.

4a.  Where no person entitled to submit an application can be identified, customs authorities shall cooperate with the competent authorities in order to identify a person entitled to submit an application. [Am. 60]

5.  The customs authorities shall grant the release of the goods or put an end to their detention immediately after completion of all customs formalities in the following cases:

   (a) where they have not identified any person entitled to submit an application concerning the alleged infringement of intellectual property rights within one working day from the suspension of the release or the detention of the goods;
   (b) where they have not received or have rejected an application in accordance with Article 6(5).

The customs authorities shall notify the declarant or holder of the goods of their decision to suspendthe suspension of the release of the goods or to detain themtheir detention within one working dayof the adoption of their decision. [Am. 61]

6.  This Article shall not apply to perishable goods. [Am. 62]

Article 18

Inspection and sampling of goods whose release has been suspended or which have been detained

1.  The customs authorities shall give the holder of the decision granting the application and the declarant or holder of the goods the opportunity to inspect the goods whose release has been suspended or which have been detained.

2.  The customs authorities may take samples representative of the goods as a whole and may provide or send such samples to the holder of the decision granting the application, at his/her request, strictly for the purposes of analysis and to facilitate the subsequent procedure in relation to counterfeit and pirated goods. Any analysis of those samples shall be carried out under the sole responsibility of the holder of the decision granting the application. [Am. 63]

Where circumstances allow, the samples shall be returned on completion of the technical analysis and before the goods are released or their detention is ended.

3.  The customs authorities shall, upon request and if known, provide the holder of the decision granting the application and, where relevant, law enforcement authorities and agencies with the names and addresses of the consignee, the consignor, the declarant or the holder of the goods, the customs procedure and the origin, provenance and destination of goods suspected of infringing an intellectual property right. [Am. 64]

4.  The conditions of storage of the goods during the period of suspension of release or detention, including provisions regarding the costs, shall be determined by each Member State.

Article 19

Permitted use of certain information by the holder of the decision granting the application

Where the holder of the decision granting the application has received the information referred to in Article 18(3), the holder may only use that information for the following purposes:

   (a) to initiate proceedings to determine whether an intellectual property right has been infringed, or in the course of such proceedings; [Am. 65]
   (aa) to take further action in order to identify the infringer of the intellectual property right; [Am. 66]
   (ab) to initiate criminal proceedings or in the course of such proceedings; [Am. 67]
   (b) to seek compensation from the infringer or other persons where goods are destroyed in accordance with ArticlesArticle 20(3) or 23(3); [Am. 68]
   (ba) for or in connection with a criminal investigation or criminal proceedings, including information related to an intellectual property right; [Am. 69]
   (bb) in settlement negotiations out of court. [Am. 70]

Article 19a

Sharing of information and data between customs authorities

Subject to appropriate data protection safeguards, the Commission may decide that information and data collected under Article 18(3) is to be shared between customs authorities in the Union and relevant authorities in third countries and establish the conditions of such sharing. [Am. 71]

Section 2

DESTRUCTION OF GOODS, INITIATION OF PROCEEDINGS AND ANTICIPATED RELEASE OF GOODS [Am. 72]

Article 20

Destruction of goods and initiation of proceedings [Am. 73]

1.  Where goods other than those covered by Articles 23 and 24 are suspected of infringingGoods the release of which has been suspended or which have been detained in accordance with Article 16 may be destroyed under customs control, without there being any need to determine whether an intellectual property right,has been infringed under the law of the Member State where the goods are found, where all of the following conditions are fulfilled:

   (a) the holder of the decision granting the application shall initiate proceedings to determine whetherhas, based on the information provided to him or her in accordance with Article 16(2), confirmed in writing to the customs authorities that an intellectual property right has been infringed, indicating which intellectual right has been infringed, within 10 working days of dispatch of the decision to suspend, or within three working days in the case of perishable goods, of the receipt of the notification of the suspension of the release of the goods or to detain themtheir detention;
   (b) the holder of the decision granting the application has confirmed in writing to the customs authorities his or her agreement to the destruction of the goods within 10 working days, or within three working days in the case of perishable goods, of the receipt of the notification of the suspension of the release of the goods or their detention;
   (c) the declarant or holder of the goods has confirmed in writing to the customs authorities his/her agreement to the destruction of the goods within 10 working days, or within three working days in the case of perishable goods, of the receipt of the notification of the suspension of the release of the goods or their detention.

In the case of perishable goods suspected of infringing an intellectual property right, the period for initiating the proceedings referred to in the first subparagraph shall be three working days of dispatch of the decision to suspend the release of the goods or to detain them. [Am. 74]

2.  Where the declarant or holder of the goods within the periods set out in point (c) of paragraph 1 has not confirmed his or her agreement to destruction nor notified his or her opposition to destruction to the customs authorities shall grantthat adopted the decision to suspend the release of the goods or put an end to their detention immediately after completion of allto detain them, the customs formalities where they have not been informed by theauthorities shall deem that the declarant or holder of the decision granting the application, within the period referred to in paragraph 1, of any of the following:

   (a) the initiation of proceedings to determine whether an intellectual property right has been infringed;
   (b) a written agreement between the holder of the decision granting the application and the holder of the goods to abandon the goods for destructiongoods has agreed to their destruction. [Am. 75]

3.  In the case of an agreement to abandon the goods for destruction referred to in paragraph 2(b), The destruction shall be carried out under customs control at the expense and under the responsibility of the holder of the decision granting the application, unless otherwise specified in the legislation of the Member State where the goods are destroyed. Samples may be taken prior to destruction. [Am. 76]

4.  The customs authorities may extend the period referred to in the first subparagraph of paragraph 1 by a maximum of 10 working days upon request byWhere there is no agreement to destruction or the declarant or the holder of the goods objects to destruction, the holder of the decision granting the application in appropriate cases.shall initiate proceedings to determine whether an intellectual property right has been infringed within 20 working days, or three working days in the case of perishable goods, of the receipt of the notification of the suspension of the release of the goods or their detention.

In the case of perishable goods, the period referred to in the second subparagraph of paragraph 1 shall not be extended.[Am. 77]

4a.  The customs authorities shall grant the release of the goods or put an end to their detention, as appropriate, immediately after completion of all customs formalities, where they have not received information from the holder of the decision granting the application on any of the following:

   (a) his or her agreement to the destruction within the periods referred to in point (b) of paragraph 1;
   (b) the initiation of proceedings to determine whether an intellectual property right has been infringed within the period referred to in paragraph 4. [Am. 78]

Article 21

Anticipated release of goods

1.  Where the customs authorities have been notified of the initiation of proceedings to determine whether a design, patent, utility model or plant variety right has been infringed and the period provided for in Article 20 has expired, the declarant or holder of the goods may request the customs authorities to release the goods or put an end to their detention.

The customs authorities shall release the goods or put an end to their detention only where all the following conditions are fulfilled:

   (a) the declarant or holder of the goods has provided a security;
   (b) the authority competent for determining whether an intellectual property right has been infringed has not authorised precautionary measures;
   (c) all customs formalities have been completed.

2.  The security referred to in point (a) of paragraph 1 shall be provided by the declarant or holder of the goods within 10 working days following the date on which the customs authorities receive the request referred to in paragraph 1.

3.  The customs authorities shall set the security at an amount sufficiently high to protect the interests of the holder of the decision granting the application.

4.  The provision of the security shall not affect the other legal remedies available to the holder of the decision granting the application.

Article 22

Prohibited customs-approved treatment and use of goods abandoned for destruction

1.  Goods abandoned for destruction under Article 20, 23 or Article 24 shall not be: [Am. 79]

   (a) released for free circulation;
   (b) brought out of the customs territory of the Union;
   (c) exported;
   (d) re-exported;
   (e) placed under a suspensive procedure;
   (f) placed in a free zone or free warehouse.

1a.  By way of exception to the provisions of paragraph 1, the customs authorities may authorise the public or private organisations, which aim at combating against counterfeiting and have been individually authorised prior to these operations, to the measures listed in points (a) to (f) of paragraph 1. Prior to the destruction of the abandoned goods, the authorised organisations may stock them, in the conditions defined in the authorisation, for the purposes of analysis and establishment of a database of information intended to fight against counterfeiting. The authorised organisations shall be published on the website of the Commission. [Am. 80]

2.  The customs authorities may allow the goods referred to in paragraph 1 to be moved under customs supervision between different places within the customs territory of the Union with a view to their destruction under customs control or their use for education and exhibition purposes accompanied by appropriate security measures. [Am. 81]

Section 3

COUNTERFEIT AND PIRATED GOODS [Am. 82]

Article 23

Destruction and initiation of proceedings

1.  Goods suspected of being counterfeit goods or pirated goods may be destroyed under customs control, without there being any need to determine whether an intellectual property right has been infringed under the law of the Member State where the goods are found, where all of the following conditions are fulfilled:

   (a) the holder of the decision granting the application has informed the customs authorities in writing of his/her agreement to the destruction of the goods within 10 working days, or three working days in the case of perishable goods, of dispatch of the decision to suspend the release of the goods or to detain them;
   (b) the declarant or holder of the goods has confirmed in writing to the customs authorities his/her agreement to the destruction of the goods within 10 working days, or three working days in the case of perishable goods, of dispatch of the decision to suspend the release of the goods or to detain them.

2.  Where the declarant or holder of the goods has not confirmed his/her agreement to destruction within the periods set out in paragraph 1(b) nor notified his/her opposition to destruction to the customs authorities that adopted the decision to suspend the release of the goods or to detain them, the customs authorities may deem that the declarant or holder of the goods has agreed to their destruction.

The customs authorities shall inform the holder of the decision granting the application accordingly.

Where the declarant or holder of the goods objects to the destruction of the goods, the customs authorities shall inform the holder of the decision granting the application of such objection.

3.  The destruction shall be carried out under customs control, at the expense and under the responsibility of the holder of the decision granting the application, unless otherwise specified in the legislation of the Member State where the goods are destroyed. Samples may be taken prior to destruction.

4.  Where there is no agreement to destruction, the holder of the decision granting the application shall initiate proceedings to determine whether an intellectual property right has been infringed within 10 working days, or three working days in the case of perishable goods, of dispatch of the decision to suspend the release of the goods or to detain them.

The customs authorities may extend the periods referred to in the first subparagraph by a maximum of 10 working days upon request by the holder of the decision granting the application in appropriate cases.

In the case of perishable goods those periods shall not be extended.

5.  The customs authorities shall grant the release of the goods or put an end to their detention, as appropriate, immediately after completion of all customs formalities, where they have not received information from the holder of the decision granting the application on any of the following:

   (a) his/her agreement to the destruction within the periods referred to in paragraph 1(a);
   (b) the initiation of proceedings to determine whether an intellectual property right has been infringed within the period referred to in paragraph 4. [Am. 83]

Article 24

Specific procedure for the destruction of goods in small consignments

1.  This Article applies to goods where all of the following conditions are fulfilled:

   (a) goods are suspected of being counterfeit or pirated goodsinfringing an intellectual property right; [Am. 84]
   (b) goods are not perishable goods;
   (c) goods are covered by a decision granting an application;
   (ca) the holder of the decision granting the application has requested the use of the specific procedure in his application; [Am. 85]
   (d) goods are transported in small consignments.

2.  Article 16 (3), (4) and (5) and Article 18(2) shall not apply. [Am. 86]

3.  When notifying, within one working day after its adoption, the decision to suspend the release of the goods or to detain them, the customs authorities shall inform the declarant or holder of the goods of the following:

   (a) the customs authorities' intention to destroy the goods;
   (b) the rights of the declarant or holder of the goods under paragraphs 4 and 5.

4.  The declarant or holder of the goods shall be given the opportunity to express his/her point of view within 20five working days of dispatchreceipt of the decision to suspend the release of the goods or to detain them. [Am. 87]

5.  The goods concerned may be destroyed where, within 20 working days of dispatch of the decision to suspend the release of the goods or to detain them, the declarant or holder of the goods has confirmed in writing to the customs authorities his/her agreement to the destruction of the goods. Such destruction shall be carried out under customs control at the expense of the holder of the decision granting the application. [Am. 88]

6.  Where the declarant or holder of the goods has not confirmed his or her agreement to destruction within the period referred to in paragraph 5, nor notified his or her opposition to destruction to the customs office that adopted the decision to suspend the release of the goods or to detain them, the customs authorities may deem that the declarant or holder of the goods has agreed to their destruction.

7.  The destruction shall be carried out under customs control and at the expense of the customs authorities. [Am. 89]

7a.  The customs authorities shall provide the holder of the decision granting the application with access to information about the actual or presumed number of destroyed items and their nature where appropriate. [Am. 90]

8.  Where the declarant or holder of the goods objects to the destructionwithin 10 working days of receipt of the decision to suspend the release of the goods or to detain them has not confirmed his or her agreement to destruction or notified his or her opposition to destruction, the customs authorities shall inform the holder of the decision granting the application of such missing agreement or objection and of the number of items and their nature, including images of those items or samples where appropriate. [Am. 91]

9.  The customs authorities shall grant the release of the goods or put an end to their detention, as appropriate, immediately after completion of all customs formalities where they have not received information from the holder of the decision granting the application on the initiation of proceedings to determine whether an intellectual property right has been infringed within 10 working days of dispatch of the information referred to in paragraph 8.

10.  The Commission shall be empowered to adopt delegated acts in accordance with Article 30 concerning the thresholds that define small consignments for the purpose of this Article. [Am. 92]

CHAPTER IV

LIABILITY, COSTS AND PENALTIES

Article 25

Liability of the customs authorities

Without prejudice to the applicable legislation of the Member States, the decision granting an application shall not entitle the holder of that decision to compensation in the event that goods suspected of infringing an intellectual property right are not detected by a customs office and are released, or no action is taken to detain them.

Article 26

Liability of the holder of the decision granting the application

Where a procedure duly initiated pursuant to this Regulation is discontinued owing to an act or omission on the part of the holder of the decision granting the application or where the goods in question are subsequently found not to infringe an intellectual property right, the holder of the decision granting the application shall be liable towards the persons involved in a situation referred to in Article 1(1) in accordance with the legislation of the Member State where the goods were found.

Article 27

Costs

1.  Where requested by the customs authorities, the holder of the decision granting the application shall reimburse all costs incurred by the customs administration in keeping goods under customs supervision in accordance with Articles 16 and 17 and in destroying goods in accordance with Articles 20 and2324. The holder of a decision shall, upon request, be given information by the customs authorities on where and how the detained goods are being stored and on the costs associated with such storage, and shall be given the opportunity to comment on that storage. [Am. 93]

2.  This Article shall be without prejudice to the right of the holder of the decision granting the application to seek compensation from the infringer or other persons in accordance with the legislation of the Member State where the goods were found.

2a.  Where the infringer cannot be identified, is not tangible or unable to provide compensation, the holder of the decision granting the application may seek compensation from the owner of the goods or the person who has a similar right of disposal over them. [Am. 94]

2b.  Paragraph 2a shall not apply to the procedure set out in Article 24. [Am. 95]

3.  The holder of a decision granting a Union application shall provide and pay for any translation required by the customs authorities which are to take action concerning the goods suspected of infringing an intellectual property right.

Article 28

Administrative sanctions

Without prejudice to national law, the Member States shall lay downapply the rules on administrative sanctions applicablerelating to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The administrative sanctions provided for must be effective, proportionate and dissuasive. [Am. 96]

The Member States shall notify those provisions to the Commission within six months from the date of entry into force of this Regulation and shall notify it without delay of any subsequent amendment affecting them.

CHAPTER V

COMMITTEE, DELEGATION AND FINAL PROVISIONS [Am. 97]

Article 29

Committee procedure

1.  The Commission shall be assisted by the Customs Code Committee established by Articles 247a and 248a of Regulation (EEC) No 2913/92. That committee is 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.

Article 30

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 24(10) shall be conferred for an indeterminate period of time from the date of entry into force of this Regulation.

3.  The delegation of powers referred to in Article 24(10) 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 the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at 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 24(10) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 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 2 months on the initiative of the European Parliament or the Council. [Am. 98]

Article 31

Exchange of data on decisions relating to application for action between the Member States and the Commission

1.  The competent customs departments shall notify the Commission of the necessary information relating to the following:

   (a) decisions granting applications, including applications for action, includingand any photograph(s), image(s) or brochure(s);
   (b) decisions granting applications;
   (c) any decisions extending the period during which the customs authorities are to take action or decisions revoking the decision granting the application or amending it;
   (d) any suspension of a decision granting the application. [Am. 99]

2.  Without prejudice to the provisions of point (g) of Article 24 of Regulation (EC) No 515/97, where the release of the goods is suspended or the goods are detained, the customs authorities shall transmit to the Commission any relevant information, including details on the goods, intellectual property right, procedures and transport.

3.  All information referred to in paragraphs 1 and 2 shall be stored in a central database of the Commission. Once the central database of the Commission is in place, the transmission of the information referred to in paragraphs 1 and 2 shall be made via that database. [Am. 100]

4.  The Commission shall make the relevant information referred to in paragraphs 1 and 2 available to the customs authorities of the Member States in an electronic form as soon as possible and not later than 1 January 2015.

4a.  For the purposes of ensuring processing of the information referred to in paragraphs 1 and 2, the central database referred to in paragraph 3 shall be established in an electronic form. The central database shall contain the information, including personal data, referred to in the second subparagraph of Article 6(3), Article 13 and paragraphs 1 and 2 of this Article.

4b.  The customs authorities of the Member States and the Commission shall have access to the information contained in the central database.

4c.  The customs authority shall introduce into the central database information related to the applications submitted to the competent customs department. The customs authority which has introduced information into the central database shall, where necessary, amend, supplement, correct or delete such information. Each customs authority that has introduced information in the central database shall be responsible for the accuracy, adequacy and relevance of that information.

4d.  The Commission shall establish and maintain adequate technical and organisational arrangements for the reliable and secure operation of the central database. The customs authority of each Member State shall establish and maintain adequate technical and organisational arrangements to ensure the confidentiality and security of processing with respect to the processing operations carried out by their customs authorities and with respect to terminals of the central database located on the territory of that Member State.

4e.  The processing of personal data in the central database shall be carried out in compliance with Article 32. [Am. 101]

Article 32

Data protection provisions

1.  The processing of personal data in the central database of the Commission shall be carried out in accordance with Regulation (EC) No 45/2001 and under the supervision of the European Data Protection Supervisor. In any event, the implementing measures to be adopted should specify in detail the functional and technical characteristics of the database. [Am. 102]

2.  Processing of personal data by the competent authorities in the Member States shall be carried out in accordance with Directive 95/46/EC and under the supervision of the public independent authority of the Member State referred to in Article 28 of that Directive.

2a.  Personal data shall be collected and used solely for the purposes of this Regulation. Personal data so collected shall be accurate and shall be kept up to date.

2b.  Each customs authority that has introduced personal data into the central database shall be the controller with respect to the processing of those data.

2c.  A data subject shall have a right of access to the personal data relating to him or her that are processed through the central database and, where appropriate, the right to the rectification, erasure or blocking of personal data in accordance with Regulation (EC) No 45/2001 or the national laws implementing Directive 95/46/EC.

2d.  All requests for the exercise of the right of access, rectification, erasure or blocking shall be submitted to and processed by the competent customs department. Where a data subject has submitted a request for the exercise of the right of access, rectification, erasure or blocking to another office of customs authorities or to an office of the Commission, the office which received the request shall forward such request to the competent customs department.

2e.  Personal data shall not be kept longer than six months from the date the relevant decision granting the application has been revoked or the relevant period during which the customs authorities are to take action has expired.

2f.  Where the holder of the decision granting the application has initiated proceedings in accordance with Article 20(1) or Article 24(9) and has notified the competent customs department of the initiation of such proceedings, personal data shall be kept for six months after proceedings have determined in a final way whether an intellectual property right has been infringed. [Am. 103]

Article 33

Periods, dates and time limits

The rules applicable to periods, dates and time limits set out in Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits(26) shall apply.

Article 34

Mutual administrative assistance

The provisions of Regulation (EC) No 515/97 shall apply.

Article 35

Repeal

Regulation (EC) No 1383/2003 is repealed with effect from ...(27)

References to the repealed Regulation shall be construed as references to this Regulation.

Article 36

Transitional provisions

Applications for action granted in accordance with Regulation (EC) No 1383/2003 shall remain valid for the period specified in the decision granting the application during which the customs authorities are to take action and shall not be extended.

Article 37

Entry into force and applicationreporting [Am. 104]

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

However, Article 24(1) to (9) shall apply from XX.XX.20XX.[Am. 106]

   By ... (28) the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Regulation, as well as an analysis of this Regulation's impact on the availability of generic medicines, in the Union as well as globally. If necessary, that report shall be accompanied by appropriate proposals and/or recommendations. [Am. 121, 151 and 163]

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

Done at ...,

For the European Parliament

The President

For the Council

The President

(1) OJ C 363, 13.12.2011, p. 1.
(2) Position of the European Parliament of 3 July 2012.
(3) OJ C 253, 4.10.2008, p. 1.
(4) OJ L 196, 2.8.2003, p. 7.
(5) OJ L 302, 19.10.1992, p. 1.
(6) OJ L 12, 16.1.2001, p. 1.
(7) OJ C 45 E, 23.2.2010, p. 47.
(8) OJ L 174, 1.7.2011, p. 74.
(9)* Date: 24 months after the date of entry into force of this Regulation.
(10) OJ L 82, 22.3.1997, p. 1.
(11) OJ L 281, 23.11.1995, p. 31.
(12) OJ L 8, 12.1.2001, p. 1.
(13) OJ L 55, 28.2.2011, p. 13.
(14) OJ L 152, 16.6.2009, p. 1.
(15) OJ L 198, 8.8.1996, p. 30.
(16) OJ L 227, 1.9.1994, p. 1.
(17) OJ L 78, 24.3.2009, p. 1.
(18) OJ L 3, 5.1.2002, p. 1.
(19) OJ L 93, 31.3.2006, p. 12.
(20) OJ L 299, 16.11.2007, p. 1.
(21) OJ L 149, 14.6.1991, p. 1.
(22) OJ L 39, 13.2.2008, p. 16.
(23) OJ L 199, 31.7.2007, p. 40.
(24)* Date: 12 months from the date of entry into force of this Regulation.
(25)* Date: 12 months from the date of entry into force of this Regulation.
(26) OJ L 124, 8.6.1971, p. 1.
(27)* Date of entry into force of this Regulation.
(28)* Date: 36 months after the entry into force of this Regulation.


Implementation of EU water legislation
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European Parliament resolution of 3 July 2012 on the implementation of EU water legislation, ahead of a necessary overall approach to European water challenges (2011/2297(INI))
P7_TA(2012)0273A7-0192/2012

The European Parliament,

–  having regard to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(1) (‘the WFD’),

–  having regard to Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration(2), (‘the Groundwater Directive’)

–  having regard to Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council(3) (‘the EQSD’),

–  having regard to Council Directive 91/271/EEC of 21 May 1991 concerning urban wastewater treatment(4) (‘the UWWTD’),

–  having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources(5) (‘the Nitrates Directive’),

–  having regard to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks(6) (‘the Floods Directive’),

–  having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market(7),

–  having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC(8) (‘the REACH Regulation’) ,

–  having regard to Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides(9),

–  having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(10) and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds(11),

–  having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products(12),

–  having regard to the upcoming Commission ‘Blueprint to safeguard Europe's water resources’,

–  having regard to the Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled ‘Our life insurance, our natural capital: an EU biodiversity strategy to 2020’(COM(2011)0244),

–  having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Roadmap to a Resource Efficient Europe’ (COM(2011)0571),

–  having regard to the upcoming European Innovation Partnership on Water,

–  having regard to the Communication from the Commission of 18 July 2007 entitled ‘Addressing the challenge of water scarcity and droughts in the European Union’ (COM(2007)0414),

–  having regard to its resolution of 15 March 2012(13) on the 6th World Water Forum in Marseille on 12–17 March 2012 and the Platform of Solutions and Commitments there adopted,

–  having regard to its resolution of 9 October 2008 on addressing the challenge of water scarcity and droughts in the European Union(14),

–  having regard to its resolution of 6 May 2010 on the Commission White Paper entitled ‘Adapting to climate change: Towards a European framework for action’(15),

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

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Petitions (A7-0192/2012),

A.  whereas the WFD established a framework to protect and restore clean water in the EU and to ensure its long-term, sustainable use, and has the objective of achieving ‘good ecological and chemical status’ by 2015, but whereas the review of the River Basin Management Plans set up by Member States as required by the Directive indicate that a significant number of EU water bodies will not reach ‘good status’ by 2015 due to both long-standing and emerging challenges;

B.  whereas freshwater biodiversity in Europe is in crisis, with 37 % of European freshwater fish species and 40 % of freshwater molluscs considered to be threatened according to the International Union for Conservation of Nature (IUCN) Red List criteria;

C.  whereas water is particularly vulnerable to the effects of climate change, which could lead to a decline in the quantity and quality of water – particularly drinking water – available as well as to a rise in the frequency and intensity of floods and droughts;

D.  whereas water is an inalienable public asset which is essential for life and equitable water management plays a vital role in the preservation of the world's natural capital and ecosystem services as well as in all aspects of resource use and economic production, and whereas the future of industry in Europe depends on finding effective responses to the current water challenges and on managing existing water resources, which directly affect human health, energy production, agriculture and food security, both responsibly and efficiently;

E.  whereas Europe is abstracting around 13 % of its total available freshwater, which is already showing signs of water stress, and whereas in many places in Europe water abstraction is going beyond sustainable levels, threatening wildlife, the safety of supply to society and different economic uses, and whereas in some regions of southern Europe the water exploitation index has risen by over 40 % with high levels of water stress;

F.  whereas the semi-arid climates of large expanses of southern Europe are also characterised by very unequal distribution of water resources throughout the year, and from year to year, and whereas this extremely irregular distribution tends to intensify with climate changes;

G.  whereas the Europe 2020 Strategy stipulates a more efficient use of resources but current trends in water use are often unsustainable due to inefficient practices resulting in water wastage, and whereas water infrastructure systems are often outdated, whether in the most developed regions or in the less developed regions, and there is a lack of information about actual performance and losses;

H.  whereas the transition to a green economy can only be achieved by taking into account water-related challenges;

I.  whereas inadequately cleaned wastewater continues to pollute the seas around the shores of the EU, so that it is essential to speed up the development of sewage-treatment infrastructure in the Member States;

Implementation of EU water legislation: successes and gaps

1.  Acknowledges that the WFD constitutes a solid and ambitious legislative base for long-term integrated water management in the EU; welcomes the improvement in the quality of European water and wastewater treatment in recent years; points out however that the rate of implementation has been slow and uneven across Member States and regions and that the implementation of the WFD needs to be improved significantly in order to achieve ‘good status’ throughout European waters by 2015;

2.  Recognises that water is a shared resource of humankind and a public good and that access to water should constitute a fundamental and universal right; stresses that the sustainable use of water is an environmental and health necessity that plays a fundamental role in the climate regulation cycle; reiterates the need to adapt internal market rules to the distinctive characteristics of the water sector and invites the Member States, in keeping with the principle of subsidiarity, to manage water and water utilities in accordance with Article 9 of the WFD;

3.  Notes that, despite the progress made in the implementation of the Urban Waste Water Treatment Directive, there are still gaps concerning the compliance rates on collecting systems and/or treatment;

4.  Underlines that, while the major focus should be on the implementation of current legislation in the water sector, specific gaps exist that need to be filled both by adapting existing legislation to water priorities and by providing new legislation to address the impact of specific sectors and activities, and that consideration should be given to the importance of cooperation between the various operators and other affected parties for sustainable water management;

5.  Reiterates its position that the Commission must submit draft legislation, similar to the directive on floods, which encourages the adoption of an EU policy on water shortages, droughts and adapting to climate change;

6.  Classifies the Commission's upcoming ‘Blueprint to safeguard Europe's water resources’ as the EU policy response to current and future water challenges, with the objective of ensuring sufficient availability of good-quality water for sustainable and equitable water use up to 2050, without impinging on national jurisdictions in relation to water;

7.  Reminds the Member States of their obligations under the WFD to achieve good water status by 2015; urges the Commission to take determined action to bring Member States' infringements of EU law in the field of water to an end; calls at the same time for further assistance, for example through comprehensive guidelines and effective instruments, to be developed and made available to foster capacity-building in particular for regional authorities and river basin agencies, to ensure a level playing field and assist the Member States in achieving better compliance at future stages of implementation of EU water policy, in order to deliver on water policy commitments; points out that, in many instances, petitions have uncovered problems related to the transposition and proper implementation of the EU water legislation and invites the European Commission to be more determined in its inquiries, in particular when examining petitions;

Water Efficiency and Management of Resources

8.  Emphasises the importance of water efficiency; calls for more efficient water usage especially in sectors such as energy and agriculture, which are the largest water users;

9.  Emphasises the nexus between energy production, energy efficiency and water security; points out that additional strategies and concepts, such as the use of water for energy storage, are needed at European level to ensure that the growing demand for energy does not jeopardise water security and that the potential for reducing energy use through water efficiency is captured; stresses that water use should be taken into account when assessing the sustainability of traditional as well as low-carbon energy sources, including in particular bioenergy and hydropower, and draws attention to the risks associated with non-conventional natural gas extraction;

10.  Stresses that the efficiency and sustainability of water use by the agriculture sector can be improved by the introduction of innovative technologies and practices, and by improvements to information and the awareness of farmers and end users; in this context, emphasises that cooperation between land managers and other stakeholders is a good way to attain positive results in water protection; further emphasises that, in view of the challenges of climate change and food security, sufficient water resources should be mobilised for agriculture, for example by developing water storage; notes that the majority of water is used by the agricultural sector and emphasises the importance of the conservation and sustainable use of water in the current reform of the CAP;

11.  Believes that the growing demand for water requires urgent investment in irrigation and calls on the Commission to facilitate access to solutions to water shortages, such as artificially recharging groundwater reservoirs, water harvesting and developing alternative irrigation techniques; at the same time, stresses the importance of the transfer of knowledge and technology relating to those techniques, as well as water conservation, water collection, groundwater management and wastewater treatment;

12.  Emphasises that the rate of groundwater recharge under agricultural and forestry land is very high and that farmers and foresters already have a particular responsibility in maintaining the purity of high quality groundwater; recognises the efforts by farmers to improve groundwater quality to date;

13.  Underlines that an environmentally- and economically-sound water sanitation and wastewater management policy should tackle pollution at source before passing all pollutants through a costly end-of-pipe treatment, particularly with regard to water flowing through contaminated soil; encourages the use of wastewater and the by-products of end-of-pipe treatment as a new resource on the basis of stringent quality requirements; notes that wastewater can be used as a source of energy by recovering the heat or energy from the organic matter it carries, and that this opportunity should be exploited;

14.  Calls for EU water legislation to be updated ‐ as appropriate ‐ to properly take into account technological advances for the reuse and recycling of water in order to allow a cost- and energy-efficient reuse of treated wastewater for irrigation and industry as well as the reuse of greywater in households; calls for measures for proper monitoring of the chemical and biological quality of reclaimed water; calls on the Commission to consider formulas to create incentives for more widespread use of treated wastewater, greywater and rainwater, in order to help to mitigate water stress;

15.  Points out that reducing water consumption should be a priority; underlines the importance of ecodesign and water-saving devices and calls for water metering to be made binding across all sectors and users in all EU countries; furthermore, calls on the Commission to regulate the water efficiency of devices and agricultural use;

16.  Recalls that about 20 % of water in the EU is lost due to inefficiency, so that improving efficiency in the use of water resources is key to sustainable water management and, in particular, to dealing with the problems of water scarcity and drought; insists on the urgent need to conduct an audit on the state of the European water network to assess quality, degeneration and interconnectivity, given the possibility that as much as 70 % of the water supplied to European cities is lost as a result of leaks in the water system, and to encourage infrastructure investment;

Water and Ecosystems

17.  Notes that water is at the core of most ecosystem services and stresses the importance of proper water management in reaching biodiversity targets; stresses the need for reforestation and wetland restoration measures in the management of water resources; calls for better alignment of the objectives of the WFD with Natura 2000; stresses that the knowledge base should integrate the concept of ‘environmental flows’ and take into account the ecosystem services supported by water; stresses the need to take into account the fact that water cycle changes depend on habitat and that this has an influence on the percentage of water that is recycled: the water cycle is not the same everywhere and differences exist between the cycles in the tropics, the Mediterranean and the middle or high latitudes;

18.  Stresses that water resources and related ecosystems are particularly vulnerable to the effects of climate change, which could lead to a decline in the quantity and quality of water available, particularly drinking water, as well as to a rise in the frequency and intensity of floods and droughts; calls for climate change adaptation and mitigation policies to take due account of the impact on water resources; underlines the importance of risk prevention, mitigation and response strategies to prevent water-related extreme phenomena;

19.  Underlines the impact that climate change could have on our water ecosystems, necessitating stringent, systematic measures aimed at conserving nature and biodiversity, and which require the establishment of meticulous rules for the mass management of transformed water, in particular as regards the management of reservoirs and transformed water systems while respecting Member States' competence on the subject;

20.  Notes that some countries do not suffer from shortages of water but are having difficulty in managing the excess of water resulting from regular or heavy rainfall, flooding, river erosion and pollution affecting river basins and coastal areas, as well as the effects of these phenomena on the local population, as is demonstrated by the many petitions received; calls on the Commission to conduct a relevant analysis of the ways to prevent the effects of flooding, given the noticeable increase in the flood risk in Member States in recent years;

21.  Emphasises the need for the Commission to call on the Member States to promote the reintroduction of environmentally-friendly agricultural activities in mountain areas to combat hydrogeological instability and to promote water regulation by reintroducing the good practices of creating ditches, drains and embankments, which make it possible, in the event of excessive rain, to reduce the negative impact downstream and, in the event of drought, to guarantee stored water resources that can also be used to fight forest fires;

22.  Recognises the essential role that underground aquifers play in the water cycle and in a number of key issues including water pollution, flood mitigation schemes, saline intrusion and land subsidence due to prolonged depletion of groundwater; calls on the Commission to place sufficient emphasis on the importance of sustainable underground aquifer management;

23.  Regarding the significant risks to both surface and groundwater posed by shale gas exploration and extraction, calls on the Commission to ensure that such activities are covered by the Environmental Impact Assessment Directive; also calls on the Commission to swiftly issue guidance on the gathering of baseline water monitoring data which must be obtained prior to any fracking, both explorative and exploitative, and the criteria to be used for assessing the impact of fracking in different geological formations, including potential leakage to groundwater reservoirs;

24.  Recalls that soil protection is a core element for preserving the quality of water; notes that the causes and consequences of soil deterioration are mostly local and regional in nature and that the principle of subsidiarity should therefore be applied; calls on all Member States to meet their obligations with regard to the assurance of soil quality and to maintain soil health, while also urging Member States where no soil protection provisions exist to step up to their responsibilities;

25.  Points out that integrated water resource management and land planning at river-basin level should take into account water-dependent economic activities and water needs for all users, as well as the need for a holistic approach to water scarcity, and should ensure the sustainability of human activities on water;

26.  Considers that wastewater from urban resources represents one of the most significant effects of pollution on the aquatic environment, in rivers and on the coast, and that the successful implementation of the Urban Waste Water Treatment Directive will have a significant influence on the water quality in all Member States and thus on the successful implementation of the WFD;

27.  Draws attention to the severe impact that such pollution can have on human health, as witnessed by petitions received from Ireland (Galway), France (Brittany) and other Member States; recalls its resolution of 2 February 2012 on the issues raised by petitioners in relation to the application of the Waste Management Directive and related directives in the Member States of the European Union, which drew attention to the dangerous levels of water contamination resulting from badly-managed or illegal landfill sites and quarries, which has led to infiltration and pollution of groundwater and of water tables (nappes phréatiques);

28.  Draws attention to a number of negative factors denounced by petitioners – including waste landfills, failure by competent authorities to control water quality, irregular or unlawful agricultural and industrial practices, urban and energy-related development, agriculture and industry – which impact on the environment and human health and are responsible for poor water quality; calls therefore for the establishment of more targeted incentives for efficient water management and – in particular for poor and rural populations – affordable access to water for all, and for the distribution of water in areas facing shortages, particularly those areas situated at a distance from large urban agglomerations equipped with water infrastructure;

29.  Considers that nutrient enrichment is one of several factors responsible for the pollution of surface water bodies, affecting biodiversity and diminishing valuable ecosystem services; recognises that investigated nutrient conditions may account for more than half of the failures expected in the effort to achieve ‘good status’ in surface water bodies by 2015;

30.  Urges the Commission to step up the battle against the increasing release of pollutants such as anti-biotic and drug residues – as well as hormone residues from anti-conception pills – in water, as these residues have a negative effect on human health and the environment;

Knowledge and Innovation

31.  Recognises that the EU policy framework has allowed the collection of less fragmented data on water as well as better monitoring; notes however the lack of reliable data on water quantity, for instance on abstraction and leakage; notes the potential for better data management based on an improvement in statistical information and on the use of data collection stations, the Water Information System for Europe (WISE) and GMES monitoring of the state of water resources and the pressures on them from economic activity; calls on the Commission, in cooperation with the European Environment Agency, to develop a new set of reliable indicators for water accounts; underlines that the knowledge base should integrate the concept of ‘environmental flows’ and take into account the ecosystem services supported by water and the links between climate, territory and underground water resources provided by the water cycle;

32.  Stresses the need to focus on the specific objectives and activities of the Horizon 2020 programme in terms of better, sustainable management of water resources and aquatic environments in the EU and neighbouring countries; believes that EU research policy should respond to growing challenges concerning water management for agriculture, buildings, industry, households and water-efficiency ambitions; notes, in this regard, the BONUS programme for the Baltic Sea as an example for other regions;

33.  Believes that it is important to encourage research and innovation in connection with water and that the development of European clusters in this area must be supported; calls on the Commission, the Member States and other relevant stakeholders to support the European Innovation Partnership on Water as an effective instrument to concentrate efforts on world-leading research and innovation and remove the barriers that prevent the quick transfer and integration of knowledge, best available techniques and technological breakthroughs to the market, as well as to foster the development of an internal market of water technology; highlights the importance of eco-innovation for the conservation of water resources, biodiversity and balanced ecosystems; points out the potential for the creation of ‘green jobs’, an innovation- and knowledge-based water policy, better water management and water efficiency; calls on the Commission to evaluate and quantify the impact on employment of its actions to promote the growth of R&D in the area of water;

Water Mainstreaming

34.  Stresses the need for better consistency and better integration of water-related objectives and of the resource-efficiency agenda, which contains crucial water efficiency objectives, into the legislation at EU, national regional and local levels; calls for a full evaluation of the effects on water resources to be taken into account in the design of the overarching economic governance policies such as EU2020 and of joint EU policies such as the common agricultural policy and cohesion policy frameworks, in order to achieve a thematic concentration of available financing on water issues and to mainstream the issue of water into all policy areas with the aim of improving the quality of water in all European regions;

35.  Notes that investments in hydrotechnical infrastructure should be given greater consideration in the new EU financial strategy on the cohesion funds than was previously the case;

36.  Notes that the standards that apply to farmers are already high and closely monitored; calls for a strengthening of eco-conditionality for the common agricultural policy on the basis of existing obligations;

Water and the Economy

37.  Calls on the Commission and Member States to ensure the application of the ‘polluter pays’ and ‘user pays’ principles by means of transparent and effective pricing schemes implemented in all water-using sectors that aim at the recovery of the costs of water services, including environmental and resource costs, as set down in the Water Framework Directive; underlines however that social issues should be taken into account when setting water tariffs and that clean water should be available at an affordable price for human needs; furthermore, calls on the Commission and the Member States to assess and revise subsidies harmful for water and to develop and introduce further economic instruments to reduce environmentally-detrimental activity and incentivise more sustainable use of water resources; stresses that water pricing should reflect the environmental impact of wastewater treatment; notes that, although the political will exists, the economic crisis and restrictions on public spending make it difficult for local and regional authorities to finance greywater treatment projects and therefore calls on the Commission to ensure appropriate financing of wastewater treatment plants; calls on the Commission to develop a strategy for internalising the external costs incurred through water consumption, water pollution and wastewater treatment;

38.  Believes that secondary residences benefit from the same availability of water resources as principal residences and that their contribution to the financing of the system must therefore be at least equal;

39.  Invites the Member States to use the opportunities provided by the Structural Funds, the Cohesion Fund and the Rural Development Fund and to invest in improving or renewing existing infrastructures and technologies in order to achieve greater efficiency in the use of water resources;

40.  Considers demand management to be the key to addressing water scarcity and calls for water demand management plans, together with supply-side measures, to be considered as important criteria for disbursing EU structural and cohesion fund support to water sector or water intensive activities, as well as for the Member States to require water sustainability assessments as a condition for authorising water-intensive economic activities such as mass tourism or particular types of agriculture;

41.  Calls on the Commission to encourage businesses to use materials that require less water by supporting R&D and providing structural funds in areas where the resource is at its most scarce;

42.  Calls on the Commission and the Member States to draw up administrative measures and seek financial resources facilitating connections to sewerage networks for people living in rural areas;

43.  Urges the Commission and the Member States to adopt without delay concrete plans for phasing out all environmentally-harmful subsidies before 2020 and to report on progress through the National Reform Programmes;

Water and Society

44.  Urges the Commission, the Member States and regional authorities to stimulate intersectoral dialogue, as well as dialogue between the various economic operators and citizens on issues related to water and between authorities and the Petitions Committee whenever the latter is addressing the concerns of European citizens with regard to water issues, and to foster full and transparent participation of local communities and stakeholders at all levels in the development of water policy; highlights the importance of effective multi-level governance in the field of water which takes into account the need for integrated water stewardship in the countryside surrounding river basins and promotes the exchange of best practices;

45.  Insists that for a water-management policy to be effective it needs to be implemented close to the resource; calls on the Commission to take into account areas with natural handicaps, such as mountainous areas, islands and the outermost regions;

46.  Calls for the strengthening of public awareness and education on water issues, in order to bring about a better understanding of the links between water, ecosystems, sanitation, hygiene, health, food safety, food security and disaster prevention among consumers, health operators and policy and decision makers; underlines the primary role of regional and local authorities and civil society organisations in awareness-raising campaigns and educational activities; insists that these awareness programmes must be aimed at citizens of all ages, so that this public and essential asset can be used more effectively and efficiently;

47.  Stresses that water, and water ecosystems, have no administrative borders, and therefore all measures must be taken to protect and develop them in a consistent and coordinated manner, preferably by competent entities with jurisdiction over the entire river basin;

48.  Reiterates that the WFD prescribes coordination between Member States for sharing a common river basin where water use may have transboundary effects, and urges such Member States as may be concerned to engage in regular transboundary communication and cooperation to support the implementation of the WFD with regard to priority substances, priority hazardous substances and nutrients pollution;

49.  Notes that the quality of bathing water has an impact on tourism; calls for the Blue Flag scheme to be extended to all bathing areas in Europe, including rivers, lakes and ponds;

50.  Stresses that the concept of sustainable tourism includes the conservation of water; calls for the provision of training in connection with saving water and the sustainable use thereof for tourism professionals, particularly in coastal areas and thermal belts;

51.  Emphasises the importance of introducing good water systems in buildings and public areas to help reduce the need for bottled water;

52.  Notes that since 1988, among the petitions relating to environmental complaints addressed to the Committee on Petitions, 601 of these petitions (Spain 166, UK 129, Germany 97, Italy 60, France 55, Greece 34, Netherlands 16, Portugal 16, Ireland 12, Poland 4, Romania 4, Finland 3, Bulgaria 2, Hungary 2 and Slovenia 1), sometimes co-signed by several signatories (see petition 0784/2007, co-signed by 2036 signatories), concern the quality and quantity of water in the Member States; acknowledges that these petitions are proof that water is a significantly serious problem for European Union citizens;

53.  Takes note that, according to a Eurobarometer survey of March 2012, 68 % of Europeans think that water quantity and quality problems are serious, 80 % believe that chemical pollution is a threat to the water environment, 62 % feel that they are not sufficiently informed about problems facing groundwater, lakes, rivers and coastal waters in their countries, 67 % think that the most effective way of tackling water problems would be awareness-raising about water-related problems, and 73 % think that the EU should propose additional measures to address water problems in Europe;

Water and the World

54.  Welcomes the early achievement of the United Nations Millennium Development Goal on sustainable access to safe drinking water; calls on the Commission, the Member States and the relevant authorities at all levels to reinforce their commitment, to play an active role in achieving the MDG on basic sanitation and to take into account the relevant outcomes of the Rio+20 Conference on Sustainable Development, ensuring that access to potable water and sanitation is guaranteed as a fundamental human right which is essential for the full enjoyment of life, under the terms adopted by the General Assembly of the United Nations in 2010;

55.  Welcomes the active participation of the European Union in the 6th World Water Forum on 12–17 March 2012 in Marseille; calls on the European Union to continue its commitment to improving water access throughout the world, particularly with a view to the 7th World Water Forum which will take place in South Korea in 2015;

56.  Points out that the EU has a very high level of water expertise that should be utilised in practice in order to achieve the MDG on basic sanitation and on other water-related sustainable development goals; calls on the Commission to draw attention to the best practices of third countries in using collected rainwater and repeatedly using wastewater and thus combating water scarcity, particularly during the driest periods; encourages increased cooperation in these areas with the most technologically-advanced third countries in terms of the use of water resources;

57.  Believes that international ambitions should be increased to achieve sustainable water use through integrated water resource management and increased resource efficiency;

58.  Encourages local authorities and other relevant entities to devote a proportion of the tariffs collected from users for the supply of water and sanitation services to decentralised cooperation measures; also draws attention to the principle of ‘1 % solidarity for water’ adopted by some Member States as an example to promote and to implement;

59.  Calls on the Commission, on behalf of the European Union and the Member States, to accede to the 1997 United Nations Convention on International Watercourses and to promote the entry into force of the amendments to the 1992 Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes, in order to extend the scope of this instrument beyond the UNECE countries alone, and to encourage wider ratification of the Protocol on Health and Water to the 1992 Helsinki Convention, with a view to promoting the coordinated and fair management of water in national and international basins;

o
o   o

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

(1) OJ L 327, 22.12.2000, p. 1.
(2) OJ L 372, 27.12.2006, p. 19.
(3) OJ L 348, 24.12.2008, p. 84.
(4) OJ L 135, 30.5.1991, p. 40.
(5) OJ L 375, 31.12.1991, p. 1.
(6) OJ L 288, 6.11.2007, p. 27.
(7) OJ L 309, 24.11.2009, p.1.
(8) OJ L 396, 30.12.2006, p. 1.
(9) OJ L 309, 24.11.2009, p. 71.
(10) OJ L 206, 22.7.1992, p. 7.
(11) OJ L 20, 26.1.2010, p. 7.
(12) OJ L 167, 27.6.2012, p. 1.
(13) Texts adopted, P7_TA(2012)0091.
(14) OJ C 9 E , 15.1.2010, p. 33.
(15) OJ C 81 E, 15.3.2011, p. 115.


eCall: a new 112 service for citizens
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European Parliament resolution of 3 July 2012 on eCall: a new 112 service for citizens (2012/2056(INI))
P7_TA(2012)0274A7-0205/2012

The European Parliament,

–  having regard to the Commission recommendation of 8 September 2011 on support for an EU-wide eCall service in electronic communication networks for the transmission of in-vehicle emergency calls based on 112 (eCalls)(1),

–  having regard to Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport(2),

–  having regard to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)(3),

–  having regard to the Commission Staff Working Paper ‘Impact Assessment’ accompanying the Commission recommendation on support for an EU-wide eCall service in electronic communication networks for the transmission of in-vehicle emergency calls based on 112 (‘eCalls’) (SEC(2011)1020),

–  having regard to the Commission communication ‘Towards a European road safety area: policy orientations on road safety 2011-2020’ (COM(2010)0389),

–  having regard to the Commission communication ‘A sustainable future for transport: Towards an integrated, technology-led and user friendly system’ (COM(2009)0279),

–  having regard to the Commission communication ‘eCall: Time for Deployment’ (COM(2009)0434),

–  having regard to the Commission communication ‘Towards Europe-wide Safer, Cleaner and Efficient Mobility: The First Intelligent Car Report’ (COM(2007)0541),

–  having regard to the Commission communication ‘On the Intelligent Car Initiative – ’Raising Awareness of ICT for Smarter, Safer and Cleaner Vehicles' (COM(2006)0059),

–  having regard to the Commission communication ‘Bringing eCall back on track - Action Plan’ (Third eSafety Communication) (COM(2006)0723),

–  having regard to the Commission communication ‘Bringing eCall to Citizens’ (Second eSafety Communication) (COM(2005)0431),

–  having regard to the Commission communication ‘Information and Communications Technologies for Safe and Intelligent Vehicles’ (COM(2003)0542),

–  having regard to the Commission communication ‘European Road Safety Action Programme - Halving the number of road accident victims in the European Union by 2010: A shared responsibility’ (COM(2003)0311),

–  having regard to the working document on data protection and privacy implications in eCall initiative (Article 29 Working Party – 1609/06/EN, WP 125),

–  having regard to its resolution of 25 October 2011 on mobility and inclusion of people with disabilities and the European Disability Strategy 2010–2020(4),

–  having regard to its resolution of 27 September 2011 on European Road Safety 2011-2020(5),

–  having regard to its declaration of 17 November 2011 on the need for accessible 112 emergency services(6),

–  having regard to its resolution of 6 July 2010 on a sustainable future for transport(7),

–  having regard to its resolution of 5 July 2011 on Universal Service and the 112 emergency number(8),

–  having regard to its resolution of 23 April 2009 on the Intelligent Transport Systems Action Plan(9),

–  having regard to its resolution of 19 June 2008(10) on the First Intelligent Car Report,

–  having regard to its resolution of 18 January 2007 on the Third European Road Safety Action Programme – mid-term review(11),

–  having regard to its resolution of 27 April 2006 on road safety: bringing eCall to citizens(12),

–  having regard to its resolution of 29 September 2005 on ‘European Road Safety Action Programme – halving the number of road accident victims in the European Union by 2010: a shared responsibility’(13),

–  having regard to the ‘World report on road traffic injury prevention’ published jointly in 2004 by the World Bank and the WHO,

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

–  having regard to the joint deliberations of the Committee on the Internal Market and Consumer Protection and the Committee on Transport and Tourism under Rule 51 of the Rules of Procedure,

–  having regard to the report of the Committee on the Internal Market and Consumer Protection and the Committee on Transport and Tourism (A7-0205/2012),

A.  whereas according to the prediction made by the World Bank and WHO, the number of traffic accident victims is expected to rise in every area of the world (from being the ninth to the third cause of death by 2020), and the lower mortality ranking for the 5-14 age group is also a hard blow for both parents and society;

B.  whereas based on the data in the European Union for 2004, more than 40 000 people die every year in accidents and 150 000 people suffer permanent disability;

C.  whereas the aim of the in-vehicle eCall system is to ensure the automatic notification of the emergency services in case of a serious accident, with the purpose of reducing road fatalities and alleviating the severity of road injuries by the earlier arrival of qualified and equipped assistance (the ‘golden hour’ principle);

D.  whereas the eCall emergency call is generated automatically via the activation of in-vehicle sensors which, when activated, establish voice and data connection directly with the relevant Public Safety Answering Points (PSAPs);

E.  whereas, according to official statistical data on eCall, it is estimated that the full integration of the system in cars in EU Member States will save up to 2 500 lives annually, while also reducing the severity of injuries by 10-15 %;

F.  whereas eCall provides benefit to road users, travelling within their countries or abroad, who may be unfamiliar with the roads and their exact location in the case of accident;

G.  whereas eCall allows emergency calls to be made without language difficulties by virtue of the digital data enclosed in the Minimum Set of Data (MSD) message format, which is likely to reduce misunderstanding and stress and helps to eliminate language barriers between the vehicle occupants and the PSAP operator, which is important in the European multi-language environment;

H.  whereas the deployment of an EU-wide eCall service available in all vehicles and in all countries has been a major priority for the Union in the context of road safety since 2002, and is included in the Road Safety Action Programme 2011-2020 as a means of improving road safety and contributing to the target of reducing the numbers of road deaths and injuries in Europe;

I.  whereas Directive 2010/40/EU includes ‘the harmonised provision for an interoperable EU-wide eCall’ among its priority actions and sets the obligation for the Commission to adopt, by the end of 2012, common specifications for the upgrading of the PSAPs;

J.  whereas Member States remain responsible for the type of organisation for the PSAPs receiving the eCalls, be it a public organisation or a private organisation acting under public delegation;

K.  whereas the Memorandum of Understanding (MoU) for the Realisation of Interoperable In-Vehicle eCall in Europe has to date been signed by 22 Member States, 5 Associated States, and more than 100 organisations; whereas two more Member States have expressed their support to a mandatory deployment of eCall;

L.  whereas Parliament has expressed its support for the introduction of eCall on numerous occasions, including support for its mandatory deployment, an initiative that will create a feeling of greater safety for citizens when travelling;

M.  whereas a voluntary approach to deployment in the EU has been Commission policy since 2003 but has not achieved significant progress to date;

N.  whereas in its 2009 communication ‘eCall: Time for Deployment’, the Commission indicated that if significant progress had not been made by the end of 2009 in terms of both the availability of the eCall device in vehicles and the necessary investment in the PSAP infrastructure, it would propose regulatory measures;

O.  whereas according to the results of the public consultation carried out in 2010 by the Commission on the implementation of eCall, more than 80 % of respondents find the eCall system useful and would like their vehicle to be equipped with it;

P.  whereas motorcyclists are the user group that can have the most difficulty in notifying the emergency services in the event of being involved in a road accident;

Q.  whereas agricultural and industrial vehicles, particularly agricultural tractors, tend to operate in remote and isolated areas, and are therefore often unable to notify the emergency services in the event of an accident;

R.  whereas private in-vehicle emergency call services exist today, and their deployment in Europe is increasing, but none of them offers full EU-wide coverage and market penetration is below 0,4 % of the vehicle fleet, while some of the services introduced have been dismantled due to market failures, leaving the user without in-vehicle emergency call service during the lifetime of the vehicle;

S.  whereas the technology is ready, and common EU-wide standards have been agreed on and are being refined and tested by industry actors and public authorities in the framework of pilot projects;

T.  whereas the Commission publicly announced in 2011 that it would present, in the first quarter of 2012, a new regulation including eCall as an additional requirement within the motor vehicle type-approval regulatory framework;

1.  Welcomes the Commission's recommendation of 8 September 2011, and urges the Member States and the Mobile Network Operators (MNOs) to implement its required measures and upgrades at the latest by the end of 2014; regrets, however, that only 18 Member States responded in time; calls on the remaining Member States to do so as soon as possible;

2.  Regrets the delays and lack of progress in the voluntary deployment of eCall to date and the fact that three Member States have not signed the eCall MoU or stated their support to the eCall deployment; calls, therefore, on those Member States that have not yet done so to sign the MoU on the development of a EU-wide interoperable eCall service in Europe, and urges all the parties involved to act simultaneously in order to establish this service;

3.  Underlines the fact that significant gaps exist in the functioning of the European emergency number 112 on which eCall is to be based; calls on the Member States to address these gaps as a matter of urgency, and calls on the Commission to step up its monitoring in this regard;

4.  Considers that eCall should be a public EU-wide emergency call system, embedded in the vehicle and based on 112 and on common pan-European standards to guarantee technology neutrality, in order to ensure a reliable, high-quality, affordable and user-friendly service that can work seamlessly and interoperably across the whole of Europe in all automobiles, irrespective of make, country or actual location of the vehicle, thus maximising the benefits of eCall for all road users, including disabled people with special needs;

5.  Emphasises the positive effects of eCall, in terms not only of improving incident management, reducing congestion produced by accidents and avoiding secondary accidents, but particularly of speeding up the arrival of the emergency services and thus reducing fatalities and the severity of injuries resulting from road traffic accidents, thereby improving Europeans' confidence when travelling in other Member States;

6.  Considers that if the introduction of eCall is left to market forces, eCall will only benefit people who can afford high-end vehicles, whereas a mandatory introduction of the system embedded in all vehicles would lead to lower costs and universal, EU-wide deployment;

7.  Recalls that the Commission's impact assessment shows that the adoption of regulatory measures to enforce the mandatory introduction of eCall is at present the only option to achieve all positive effects;

8.  Urges the Commission to submit a proposal within the framework of Directive 2007/46/EC in order to ensure the mandatory deployment of a public, 112-based eCall system by 2015 in all new, type-approved cars and in all Member States;

9.  Considers that the public eCall service should be free of charge and obligatory, and should be installed in all new vehicles falling under the scope of this proposal;

10.  Considers that the public eCall service must be simple, affordable, operational and accessible to everybody throughout the EU, regardless of the vehicle and its location;

11.  Rejects the idea that the implementation of the in-vehicle aspects of eCall could be phased in over an extended period of time;

12.  Calls on the Commission to propose any other regulatory measure necessary to avoid additional delays that could result in preventable fatalities;

13.  Considers that while the cost–benefit analysis (CBA) method can serve an important role in generating data on which to base complex decisions pertaining to investments and technology take-up, it can be of dubious merit when an important part of the analysis involves estimating the value of human life;

14.  Calls on the Commission, while assessing the impact of the deployment of the eCall in the EU, to take into consideration not only the investment and operational costs but also the social benefits resulting from the deployment of the eCall;

15.  Calls on the Commission to set up clear rules on the liability of stakeholders involved in the eCall system;

16.  Calls on the Commission to assess the possibility of false alarms being generated by e-Call systems, the influence of such false alarms on daily emergency services, the need to distinguish both between serious and less serious accidents and between emergency signals and other information to be transmitted to the emergency services to ensure their efficient operation; calls on the Commission to propose concrete solutions on these problems, if necessary;

17.  Welcomes the establishment of the European eCall Implementation Platform, and calls for relevant stakeholders and Member States representatives to participate to ensure a harmonised introduction of eCall;

18.  Calls on the Commission to consider extending the eCall system in the near future to include other vehicles, such as heavy goods vehicles (HGVs), buses and coaches, and powered two-wheelers (PTW), and to assess whether it should be extended also to include agricultural tractors and industrial vehicles;

19.  Considers that the use of aftermarket E-call devices should be allowed for existing vehicles;

PSAPs (Public Safety Answering Points): emergency response aspects

20.  Notes that ensuring that all PSAPs in all Member States are equipped to a high standard is essential if there is to be a uniform level of protection of all citizens throughout the Union, and therefore calls on the Commission to propose legislation requiring Member States to upgrade their emergency response services infrastructures, and to provide suitable training to operators, so as to be able to handle eCalls by 2015, in a way that is best suited to their national structures and that makes them accessible to everyone;

21.  Urges the Commission to adopt the common specifications for PSAPs within the framework of the ITS Directive by the end of 2012, and to propose a directive on the implementation of eCall;

22.  Appreciates the willingness of mobile network operators (MNOs) to handle eCalls like any other 112 calls, and suggests that they, along with the Member States, should report on a yearly basis to the Commission on the progress made and the difficulties encountered, in particular in relation to the eCall flag;

23.  Welcomes the fact that the establishment of a voice connection between vehicle occupants and the PSAP operators handling emergency calls, allowing mutual communication, reduces both the risk of inappropriate responses and the unnecessary deployment of emergency services, such as in the case of a light accident;

24.  Stresses that there is a growing need for a common data transfer protocol for forwarding such information to public safety answering points and emergency response services, in order to avoid the risk of confusion or misinterpretation of the data communicated; emphasises that the forwarding of information by mobile network operators to public safety answering points should be established in a transparent and non-discriminatory way;

25.  Recalls that having electronic data in the PSAPs may also lead to additional advantages, such as advanced guidance for members of the rescue services to be informed properly about new sources of danger that they may face due to the development of electric cars and other new propulsion systems;

26.  Considers that links between PSAPs and road operators for improving incident management should be promoted, in line with the recommendations of the European eCall Implementation Platform (EeIP);

27.  Supports the intensive work done within the HeERO project (Harmonised eCall European Pilot) on the pilot cross-border authentication of eCall; calls on the Commission and on the Member States to increase cooperation between national PSAPs and emergency response services, in particular at cross-border points in Europe, and to encourage the development of joint training and exchanges of best practices, with a view to improving the effectiveness of the entire emergency services supply chain;

28.  Calls on the Commission to ensure that the eCall system, and the links to PSAPs, also are compatible with systems that interact with infrastructure and with intelligent onboard systems (such as intelligent safety barriers that warn of the possibility of accidents, intelligent onboard speed systems, etc.);

Private emergency call services

29.  Considers that a public EU-wide eCall service can coexist with private emergency services, on the conditions that all performance standards are met by both public and private services, and that – regardless of whether or not a vehicle buyer opts for a private solution – all vehicles are equipped with the public eCall service so as to ensure continuity of the service in all Member States throughout the lifetime of the vehicle;

30.  Stresses that the eCall system must be user-friendly, and emphasises that consumers should be offered a realistic overview of the system, as well as comprehensive and reliable information regarding any additional functionalities or services linked to the private, in-vehicle emergency or assistance-call applications on offer, and regarding the level of service to be expected with the purchase of such applications and the associated cost;

31.  Requests that when a consumer that subscribes to a private emergency call service chooses not to use that service, or is travelling in a country where that service is not offered, the public 112 eCall service should automatically be available;

32.  Considers that private eCall service providers also have the possibility to migrate to the EU-wide eCall service at any time, while continuing to provide other call services;

33.  Invites EU businesses to become involved in the development of the necessary eCall system applications, services and infrastructure, in order to stimulate EU-wide innovation;

Data protection

34.  Stresses the fact that the public eCall system must not under any circumstances allow the journey of a vehicle to be traced, signifying that it must remain a dormant system until an emergency call is triggered, in line with the recommendations of the Article 29 Working Party on Data Protection; recalls that the eCall service has the priority objective of improving incident management, and that data provided by the eCall service cannot be used in any way to monitor and study a person's movements or determine his location unless that person has been involved in an accident;

35.  Stresses that appropriate rules that respect transparency should be included for the processing of personal data relating to eCalls, not only by MNOs but also by all other actors involved, including vehicle manufacturers, PSAPs and emergency services, in order to ensure that the principles of privacy and protection of personal data are respected in accordance with European directives 95/46/EC and 2002/58/EC and with national legislation; stresses that any upcoming legislation should clarify the responsibilities, under Directive 95/46/EC, of the different actors involved in the eCall, as well as the modalities for providing information to data subjects and for facilitating the exercise of their rights;

36.  Stresses that private eCall services must respect the principles of privacy and data protection, providing in particular for informed consent and the possibility of opting out, in line with the recommendations of the Article 29 Working Party; emphasises that consumers' informed consent should be based on full information about the amount of data gathered and the purpose to which it is gathered, and that consumers should be able to withdraw their consent at any time;

37.  Stresses that the owner or leasee of a vehicle should decide, as an informed consumer, who gets access to the data regarding private eCall services registered to the vehicle;

Other related fields

38.  Emphasises that the eCall system utilises technical components (satellite positioning, processing and communication capabilities) that could also provide the basis for several other in-vehicle applications and services;

39.  Considers that, in order to ensure open choice for customers, the eCall in-vehicle system should be accessible free of charge and without discrimination to all stakeholders such as providers of car aftermarket products and services, equipment suppliers, repair shops and independent service providers, roadside assistance and related services; calls on the Commission to ensure that the eCall system is based on an interoperable and open-access platform for possible future in-vehicle applications or services, in order to encourage innovation and boost the competitiveness of the European information technology industry on the global markets; stresses that any such applications and services shall remain optional.

40.  Considers that open choice for customers and open access for service providers should become part of the original equipment manufacturer (OEM) in-vehicle platform design criteria, and that in-vehicle related interfaces should be standardised to allow fair competition and to encourage innovation in the European telematics market;

41.  Stresses that any additional services to be used in a vehicle – especially when driving – will need to comply with clear safety, security and data protection privacy standards, and that compliance with such standards must be measured and controlled;

42.  Recalls that the European Geostationary Navigation Overlay Service (EGNOS) and Galileo can contribute significantly to road traffic management and emergency interventions, and this requires an information campaign to promote greater use of the opportunities that this system offers with regard to the eCall application;

43.  Considers that Member States should be allowed to establish eCall filtering systems for PSAPs that allow the rapid identification of urgent calls, thereby avoiding call centres from being overburdened while increasing the efficiency of emergency services; considers that such efforts should be supported by the Commission;

44.  Calls on the Member States, in cooperation with the Commission, to establish and run national pilot programmes to implement the automatic vehicle emergency response system (eCall) in order to identify possible problems, and to prepare the way for the mandatory implementation of the system in all Member States in 2015;

45.  Requests that a standard eCall interface, a so called ‘eCall button’, which is easily identifiable also for persons with disabilities, should be inserted in all vehicles in order to avoid misunderstanding and possible misuse of the system; calls on the Commission and the European Standardisation Organisations to propose a harmonised standard for such manual triggering mechanism;

46.  Calls on the Commission to assess the possible impact of eCall on public health systems expenditures; in this regard, calls on the Member States to agree on a harmonised definition of serious injuries;

47.  Calls on the Commission and the Member States to step up their activities as regards providing extensive practical information through the development of a targeted and far-reaching communication strategy, and implementing coordinated awareness-raising campaigns, concerning the eCall system and its benefits, its use and its functionalities, also in terms of safety for EU's citizens, with the aims of increasing both the public's understanding of, and its demand for, such emergency services, and of minimising the risk that these service are misused or misunderstood;

48.  Recommends that the Commission take care that the eCall service is interoperable with other similar in-vehicle emergency services promoted in neighbouring regions, such as the ERA-GLONASS service;

o
o   o

49.  Instructs its President to forward this resolution to the Council, the Commission and the Governments and Parliaments of the Member States.

(1) OJ L 303, 22.11.2011, p. 46.
(2) OJ L 207, 6.8.2010, p. 1.
(3) OJ L 108, 24.4.2002, p. 51.
(4) Texts adopted: P7_TA(2011)0453.
(5) Texts adopted: P7_TA(2011)0408.
(6) Texts adopted: P7_TA(2011)0519.
(7) OJ C 351 E, 2.12.2011, p. 13.
(8) Texts adopted, P7_TA(2011)0306.
(9) OJ C 184 E, 8.7.2010, p. 50.
(10) OJ C 286 E, 27.11.2009, p. 45.
(11) OJ C 244 E, 18.10.2007, p. 220.
(12) OJ C 296 E, 6.12.2006, p. 268.
(13) OJ C 227 E, 21.9.2006, p. 609.


Attractiveness of investing in Europe
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European Parliament resolution of 3 July 2012 on the attractiveness of investing in Europe (2011/2288(INI))
P7_TA(2012)0275A7-0190/2012

The European Parliament,

–  having regard to the Treaty on the Functioning of the European Union, and in particular Articles 3, 4, 49, 50, 119, 219 and 282 thereof,

–  having regard to the proposal for a Council Directive on a Common Consolidated Corporate Tax Base (COM(2011)0121),

–  having regard to the OECD Declaration on International Investment and Multinational Enterprises and Guidelines for Multinational Enterprises (update of 25 May 2011),

–  having regard to the Monti report, ‘A new Strategy for the Single Market’, published on 9 May 2010,

–  having regard to the UNCTAD 2011 Report on World Investments,

–  having regard to the Commission Communication entitled ‘Towards a comprehensive European international investment policy’ (COM(2010)0343),

–  having regard to the Commission Work Programme 2012 (COM(2011)0777),

–  having regard to the conclusions of the 3133rd Council meeting on the Single Market Forum,

–  having regard to Regulation (EU) No 1173/2011 of the European Parliament and of the Council on the effective enforcement of budgetary surveillance in the euro area(1),

–  having regard to Regulation (EU) No 1174/2011 of the European Parliament and of the Council on enforcement measures to correct excessive macroeconomic imbalances in the euro area(2),

–  having regard to Regulation (EU) No 1175/2011 of the European Parliament and of the Council on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies(3),

–  having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council on the prevention and correction of macroeconomic imbalances(4),

–  having regard to Council Regulation (EU) No 1177/2011 on speeding up and clarifying the implementation of the excessive deficit procedure(5),

–  having regard to Regulation (EU) No 1311/2011 of the European Parliament and of the Council amending Council Regulation (EC) No 1083/2006 as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability(6),

–  having regard to Council Directive 2011/85/EU on requirements for budgetary frameworks of the Member States(7),

–  having regard to the proposal for a Regulation of the European Parliament and of the Council on European Venture Capital Funds (COM(2011)0860),

–  having regard to the proposal for a Directive of the European Parliament and of the Council on the access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms and amending Directive 2002/87/EC of the European Parliament and of the Council on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate (COM(2011)0453),

–  having regard to the Commission Communication entitled ‘Annual Growth Survey 2012’ (COM(2011)0815),

–  having regard to the Commission Communication entitled ‘Single Market Act – Twelve levers to boost growth and strengthen confidence – Working together to create new growth’ (COM(2011)0206),

–  having regard to the Commission Communication on a strategy for smart, sustainable and inclusive growth (COM(2010)2020),

–  having regard to the Commission Communication on an action plan to improve access to finance for SMEs (COM(2011)0870),

–  having regard to the Commission's Trade and Investment Barriers Report 2011 to the European Council (COM(2011)0114),

–  having regard to its resolution of 13 December 2011 on trade and investment barriers (8)

–  having regard to the proposal for a Council Directive on a common system of financial transaction tax and amending Directive 2008/7/EC (COM(2011)0594),

–  having regard to the Commission Green Paper on the feasibility of introducing Stability Bonds (COM(2011)0818),

–  having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a budget for Europe 2020 (COM(2011)0500, Parts I and II),

–  having regard to the Commission Staff Working Paper on the effects of temporary state aid rules adopted in the context of the financial and economic crisis (SEC(2011)1126),

–  having regard to the ‘Labour Market Developments in Europe, 2011’ report by the Commission's Directorate-General for Economic and Financial Affairs,

–  having regard to the OECD-WTO-UNCTAD reports on G20 trade and investment measures (mid-October 2010 to April 2011),

–  having regard to the European Central Bank's euro area bank lending survey for January 2012,

–  having regard to the European Central Bank's macroeconomic projections for the euro area (December 2011),

–  having regard to the European Central Bank report on financial integration in Europe (May 2011),

–  having regard to the OECD Policy Framework for Investment (PFI),

–  having regard to the Proposal for a Regulation of the European Parliament and of the Council establishing a Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (2014 - 2020) (COM(2011)0834),

–  having regard to its position of 19 April 2012 on the proposal for a Council Directive on a Common Consolidated Corporate Tax Base (CCCTB)(9),

–  having regard to the Commission report ‘Business Dynamics: Start-ups, Business Transfers and Bankruptcy’ (January 2011),

–  having regard to the World Bank Report ‘Doing Business 2012: Doing Business in a More Transparent World’,

–  having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Erasmus for All: the EU Programme for Education, Training, Youth and Sport’ (COM(2011)0787),

–  having regard to the Commission report entitled ‘Interim evaluation of the Erasmus for Young Entrepreneurs Pilot project / Preparatory action (2011)’,

–  having regard to the proposal for a Directive of the European Parliament and of the Council on public procurement (COM(2011)0896),

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

–  having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Industry, Research and Energy and the Committee on Regional Development (A7-0190/2012),

A.  whereas the economic, financial and fiscal crisis in the EU has significantly broadened economic and social disparities among Member States and regions, resulting in an uneven distribution of inward and outward investment across the European Union;

B.   whereas it is necessary to establish a consistent framework of stability within monetary and fiscal and trade policy, in order to facilitate the flow of direct investment in all Member States and EU regions, thereby contributing to correcting the EU's macroeconomic imbalances;

C.  whereas the informal meeting of the members of the European Council on 23 May 2012 has highlighted the need to mobilise EU policies to fully support growth, step up efforts to finance the economy through investment and strengthen job-creation;

D.  whereas, according to the latest Commission Interim Forecast, the EU suffers from weak growth and expected growth rates will significantly differ across the Union, undermined by continued uncertainty and lack of consumer and market confidence;

E.  whereas the Union should further exploit its strengths, such as the high standard of consumption, education and quality of life, its research and innovation capacity, high labour efficiency and productivity as well as a friendly and motivational business environment in order to tackle the fiscal crisis and enhance growth and employment;

F.  whereas the financing of the Member States' public debt has the effect of absorbing resources for investment, growth and employment, while capital flight from certain Member States to certain other Member States as well as to certain third countries may contribute to a worsening of the EU balance of payments situation;

G.  whereas bank lending – as the most important source of finance in the euro area, accounting for more than equity and bond finance put together, while in the USA and other regions of the world bank credit accounts for a smaller percentage of total finance – has been strongly affected by the recent developments;

H.  whereas the growth potential provided by sectors such as green technologies, health and care, education and social economy can ignite and drive investment through increasing mutual demand, thereby boosting investment;

I.  whereas there is need to monitor and review the impact and implementation of EU financial regulations to ensure that it is not creating unnecessary administrative burdens and stifling foreign direct investment in the EU;

J.  whereas the latest UNCTAD report shows that the EU still has a strong capacity for attracting foreign direct investment;

K.  whereas internal investment within the Union can significantly expand the markets for foreign direct investment through improvements in sustainable infrastructure for business, education, research and development;

L.  whereas investment consists of two pillars – public investment and private investment – and whereas the private pillar is composed of domestic and foreign investment;

M.  whereas combating over-dependency on imports of oil, gas and other non-renewable resources requires major investment in renewable energy, energy and resource efficiency;

N.  whereas the European sovereign debt and roll-over risks, as well as deficiencies and barriers to trade and to the completion of the internal market, including non-tariff barriers and data restrictions, may limit the EU region's ability to attract both European and international investors;

O.  whereas, in terms of competitiveness and entrepreneurship, the main challenges that Union enterprises continue to face are difficulties in accessing finance for SMEs; weak entrepreneurial spirit (only 45 % of European citizens would like to be self-employed compared, for example, to 55 % in the United States); a business environment not conducive to start-ups and growth, characterised by persistent regulatory fragmentation and red tape; limited capacity of SMEs to adapt to an energy- and resource-efficient economy and to expand to markets beyond their home country, both within the Single Market and beyond;

P.  whereas, according to the latest World Bank ‘Doing Business’ index, EU Member States represent only 40 % (and euro area members just 26 %) of the top 35 countries in terms of entrepreneurship at global level;

Q.  whereas, as shown in the Commission's Alert Mechanism Report (COM(2012)0068), national budget constraints and high unemployment rates highlight the need, especially with regard to current account balances, export market shares and private and public debt, to introduce effective structural reforms in order to improve the business environment, while cutting red tape and optimising the added value of the Structural Funds and the European Investment Bank's activities, including in the countries benefiting from the European Neighbourhood Policy;

R.  whereas well-targeted social investments are crucial to securing a high employment level in the long run, stabilising the economy, enhancing human capital and raising the competitiveness of the EU;

S.  whereas foreign direct investment trends are one of the key indicators used by the Commission in the scoreboard for the surveillance of macroeconomic imbalances;

T.  whereas studies conducted by UNEP and the ILO reveal that investment in human capital formation is crucial to attracting investment in green economic sectors and exploiting their high growth potential;

U.  whereas the flow of foreign direct investment in the EU, particularly if directed in such a way as to reduce the disparities between Member States, has positive effects on the real economy and the balance of payments, competitiveness, employment and social cohesion, but also acts as a positive stimulus as regards technological development, innovation, skills and labour force mobility;

V.  whereas the definition of annual national sub-targets covering areas that underpin an attractive and competitive environment for international investors, in line with OECD parameters, will help to highlight national weaknesses and strengths as well as opportunities for targeted interventions;

W.  whereas the euro-area and ECB objective of maintaining an inflation rate of just under 2 % in the euro area contributes to establishing a framework of stability conducive to attracting investment;

X.  whereas the development of the European bond markets is to a large extent dependent on the broadening of the investment base;

Y.  whereas, in its proposal on a common consolidated corporate tax base (CCCTB), the Commission did not extend harmonisation to corporate tax rates, which are intended to remain within the competence of the Member States, and whereas further steps are required to make the tax system in the Union more transparent and less complex for foreign investors while simultaneously coordinating tax systems throughout Europe;

Z.  whereas trade protectionism is gaining ground world wide, therefore the EU, as the market leader in inward foreign investments, should continue the negotiations towards Free Trade Agreements promoting open and fair trade as well as international standards in the area of social and environmental protection when protecting its competitive trade advantages;

AA.  whereas in the European Union there still remain significant obstacles to providing cross-border services, which impedes the functioning of the free market;

AB.  whereas, in accordance with the EU Treaties, common commercial policy, including foreign direct investments, falls under the exclusive competence of the EU, and whereas in this field, the European Parliament and the Council operate on an equal footing, since the ordinary legislative procedure is applied;

1.  Stresses that the EU still represents the first worldwide destination of foreign direct investment (FDI) and should as such continue meeting the expectations of investor and beneficiary states while complying with the EU's broader economic, social and environmental policy objectives, thus protecting its leading role at European and national level;

2.  Believes that cohesion policy is key to addressing macroeconomic and regional imbalances at EU level and should be a key internal market policy for enhancing competitiveness, productivity, growth and job creation, which in turn has the potential to increase the attractiveness of investing in the EU; stresses that, through cohesion policy investment in infrastructure and labour-market skills, the attractiveness for prospective investors can be significantly increased;

3.  Urges the Commission to improve international regulatory cooperation, including in multilateral fora, and the convergence of regulatory requirements on the basis of international standards and, where possible, to engage in regulatory dialogue to address existing or potential future barriers to trade with a view to limiting disputes and associated trade costs;

4.  Considers that fiscal consolidation and stabilisation and the completion of the internal market should be carried out, ensuring an assessment of the added value that they can offer; believes that strong cooperation among economic bodies, as well as more complementarities between EU economies, should help reduce the regional disparities in foreign direct investment in order to strengthen the European industrial base and promote sustainable long-term economic development, the latter being the crucial precondition for successful and effective fiscal consolidation;

5.  Stresses that it is crucial to maintain strategic European investors' interest in conducting their activities within the EU, bearing in mind that, in conjunction with the broader global financial and economic crisis, the negative feelings and uncertainty created by the debt crisis and a lack of quick responses lead investors to reduce their current exposure to the region; emphasises that a lack of co-ordinated long term domestic investment will significantly damage the future attractiveness of investing in the EU to such investors; recognises that a multi-level approach to governance, with local community involvement at appropriate stages, is essential to ensuring that investment is targeted towards addressing the specific needs of each region and each Member State;

6.  Calls on the Commission to draw up a communication on the attractiveness of investing in Europe as opposed to its main partners and competitors, identifying the main advantages and weaknesses of the EU as an investment environment, and to put forward an integrated strategy including specific policies and recommendations, as well as legislative proposals if appropriate, to improve the EU's investment environment;

7.  Believes that the EU should fully exploit its position as the world's largest single common market (including its high standard of living, high labour productivity, legal certainty and research and innovation capacity), foreign investor and trader in tackling the fiscal crisis, and highlights the need for more efficient tools and methods and new funding mechanisms and investment schemes, such as EU project bonds, which could exploit Europe's competitive advantages and the complementarities between its Member States and achieve the goals of the Europe 2020 growth strategy, in order to combat the recession and the challenge of slow growth;

8.  Urges the EU to introduce investment as a key element of all flagship initiatives within the Europe 2020 Strategy, in order to meet the critical need for growth and employment and make use of their major contribution towards tackling the fiscal crisis; in particular, calls on the Commission and on the Member States to develop an ambitious, eco-efficient and sustainable EU industrial strategy in order to revitalise manufacturing capacity across the EU and generate high quality jobs within the EU;

9.  Stresses in particular the enormous potential for attracting foreign direct investment by promoting education, research and development and job creation in the areas of reducing greenhouse gas emissions, developing renewable energy sources and increasing energy efficiency in order to meet the 2020 targets and make the EU a world leader in green technology;

10.  Recalls that not increasing through sustainable funding or even reducing public investment, due to the fiscal crisis, in crucial sectors such as health, education, research and infrastructures could adversely affect competitiveness and attractiveness to investors, especially if this becomes a long-term pattern; for this reason there is a need to sustainably increase public investment;

11.  Supports the newly proposed ‘Erasmus for All’ programme that can significantly increase the funds allocated for mobility and the development of knowledge, training and skills, in order to boost young people's personal development and job prospects and thus contribute to enhancing human potential and address the problem of high youth unemployment in Europe; supports ‘Erasmus for Enterprises’ and in particular the exchange programme ‘Erasmus for Young Entrepreneurs’, which will encourage start-ups, cross-border transfers of knowledge, cooperation between small firms, innovation and job creation;

12.  Proposes improving and broadening the statistical database for direct investment, in accordance with the international models of the OECD and the World Bank, and the adoption of supplementary investment targets and indicators at national level (urban environment, social infrastructure), so as to highlight the progress that is being made towards an attractive investment environment, while at the same time evaluating the investment policies and their positive effects on the real economy and employment in the various countries and regions;

13.  Believes that any strategy aimed at attracting foreign and local investment should be linked to completion of the internal market, cross-border investment and flows, open markets, improved market access and fair competition for liberal professions, given the number and variety of new opportunities; believes, in this regard, that the EU should promote the Trans-European Networks and worker, student and researcher mobility and reinforce cooperation and complementarities between EU economies;

14.  Stresses the urgent need to reduce tax barriers for cross-border workers and employers to facilitate citizens' mobility and promote cross-border investment;

15.  Calls on the EU to negotiate at global level and in the framework of the WTO, G20 and G8, the establishment of common rules that ensure fair competition and a level playing field in the face of international macroeconomic imbalances relating to financial regulation and taxation in order to protect the EU's competitiveness and ensure respect of the social and environmental objectives of the Union; calls on the Union to be decisive in negotiating and concluding comprehensive free trade agreements (FTAs) with major partners as a key to opening new markets for goods and services, increasing investment opportunities, facilitating open and fair trade and promoting a more predictable policy environment; stresses the importance of advancing negotiations on a financial transaction tax at global level;

16.  Is of the opinion that the creation of an ad hoc European Observatory for foreign direct investments, established within the European Commission, could contribute to reinforcing the coordination of Member States' policies in this field and, at the same time, provide better monitoring of the policies undertaken, including their macroeconomic effects, in order to promote Europe as an investment destination;

17.  Calls on the Commission to step up coordination of Member States' economic, tax and social policies with a view to attracting foreign investment, while taking into account the economic and social divergences observed between euro-area members and between EU Member States;

18.  Considers that the EU and the Member States should take action notably to enhance the use of the Structural Funds and the Cohesion Fund as a catalyst for attracting additional funding from the EIB, EBRD, other international financial institutions and the private sector, while encouraging initiatives based on public-private partnerships (PPP), such as EU Project Bonds; notes that SMEs can particularly benefit from investments that strengthen capacities, infrastructure and human capital; recognises the potential of extending the scope of innovative financial instruments so that they are used to greater effect as access to finance to complement traditional financing methods; stresses that the revolving nature of financial instruments and a flexible approach to integrating such instruments at regional level could achieve a multiplying effect of the EU budget, foster public-private partnerships, open up alternative sources of finance and provide an important new financing stream for strategic investments, supporting long-term, sustainable investments at a time of fiscal constraint;

19.  Welcomes the ECB's longer-term refinancing operations (LTRO); calls on the ECB to further act in a decisive way in addressing the current euro-area debt crisis by maintaining price stability while at the same time minimising negative spill-over effects on the real economy and the investments that the banking sector's liquidity problems might generate; believes that the banking sector must take the necessary steps to address its structural weaknesses with regard to longer-term liquidity risks in order to restore investor confidence and therefore to avoid the need for the ECB to intervene so massively in future; considers that the bank's operational framework should be shaped in such a way that a proportion of the grants would be made available for development purposes and to support small and medium-sized enterprises;

20.  Believes that the forthcoming reform of the Capital Requirements Directive should ensure that increasing capital reserves to promote the long-term stability of the banking sector does not prevent banks from injecting liquidity into the real economy, which is vital for investment;

21.  Stresses the need for deepening European capital markets in order to ensure access to financing from sources other than banks;

22.  Notes the Commission's new proposals to improve the regulation of the credit rating agency market, in particular the amendment of Regulation (EC) No 1060/2009 on credit rating agencies and the coordination of laws, regulations and administrative provisions relating to undertakings of collective investment in transferable securities (UCITS) and Directive 2011/61/EU on Alternative Investment Funds Managers in respect of the excessive reliance on credit ratings, and underlines the need for further steps to be taken to ensure a healthy business environment and fair competition;

23.  Calls on the Commission to evaluate the many remaining obstacles that impede the provision and receipt of cross-border services in individual Member States;

24.  Notes the importance of the Commission's proposals to modernise the European public procurement market; stresses that a dynamic pan-European procurement market can provide important business opportunities for European companies and can significantly contribute to stimulating competitive European industry, as well as attracting investment and promoting economic growth;

25.  Expresses concern at the trend for euro-area institutional investors to move out of euro-area equities and into equities issued elsewhere in the world, in view of (i) their growing role in the euro-area financial sector and (ii) the decline of investment funds' total holdings of shares and other equity issued by euro-area residents from 26 % in 2009 to 23 % during 2010;

26.  Stresses the role of sovereign wealth funds from third countries and stresses the importance of strengthening the principles of transparency and accountability in order to promote synergies between the EU and sovereign wealth funds;

27.  Calls on the Commission and the Member States to encourage institutional investors to participate in European venture capital funds and European social entrepreneurship funds and to eliminate restrictions on the supply of venture capital funding in small and medium-sized enterprises;

28.  Believes that cross-border entrepreneurship offers significant benefits both for EU regions by contributing to their economic development and for individual enterprises by offering them opportunities to access new and larger markets and sources of supply, as well as capital, labour and technology;

29.  Expresses concern about the high youth unemployment figures observed in a number of Member States and the negative employment prospects; notes with concern the European Union's limited ability to attract high-quality human capital while there are significant human capital flows towards third world countries; recognises that the European Union holds vast potential in terms of high-quality human capital and calls on the Commission and the Member States to step up action in order to tackle youth unemployment through programmes and concrete action at European and national level; welcomes in this regard the statement of the European Council calling on the Member States to introduce national schemes akin to the Youth Guarantee and urges the Member States to back up this plea with swift and concrete action at national level so as to ensure that young people are either in a decent job, education or (re-) training ; considers that the European Union should step up its efforts to achieve the employment objectives of the EU 2020 strategy for smart, sustainable and inclusive growth, including reduced taxes on labour aimed at attracting more investment in the labour-intensive sectors of the economy;

30.  Points to the challenge faced by the Union as a whole and by individual Member States with respect to an ageing population; urges the Member States to develop consistent strategies that deal with the demographic challenge, offsetting potential negative implications;

31.  Supports the objectives of the Innovation Union; calls on Member States to target investment in education, research and innovation, given the medium- and long-term positive effects it can have on growth and development; supports smart specialisation as an important policy principle and a concept for innovation policy and stronger links between research and entrepreneurship in areas such as green technology;

32.  Stresses that the fight against tax evasion should be a top priority for the European Union, especially in the current crisis situation, where tax evasion represents a major loss for national budgets and extra revenues could be used to increase public investment; points out the need to ensure smooth cooperation and coordination between the Commission and the Member States to fight against double taxation, double non-taxation, tax fraud, tax evasion and dumping, and the use of tax havens for illicit purposes; more generally, calls for greater fiscal coordination on both the revenue and expenditure sides, including smooth cooperation and coordination between Member States' tax systems, also for a reduction in the heavy administrative burdens and high tax compliance costs that European businesses are facing and which create disincentives for investment in the European Union; welcomes Parliament's above mentioned position on a common consolidated corporate tax base (CCCTB) while looking forward to the directive's adoption by the Council;

33.  Points out that difficulties in accessing finance remain one of the top concerns for SMEs; is particularly worried about the fact that healthy companies cannot acquire the funding they plan for; calls on the Commission and the Member States swiftly to implement actions and regulatory measures to facilitate funding for SMEs, as proposed in the EU Action Plan to improve access to finance for SMEs; stresses that growth at local levels is often sustained by SMEs and social enterprises and cohesion policy funding delivered through a strong multi-level governance approach can ensure that SMEs and social enterprises fulfil their potential and continue to make a valuable contribution to EU competitiveness;

34.  Emphasises the need for a comprehensive review of the economic impact of EU financial regulation to ensure that implementation is proportionate and does not stifle investment;

35.  Welcomes the Programme for the Competitiveness of Enterprises and SMEs (COSME) proposed by the Commission for the period 2014-2020 as a means to encourage an entrepreneurial culture and promote start-ups of SMEs mainly in new sectors such as social media services, the green economy and tourism;

36.  Calls for new, efficient bankruptcy laws, including early warning tools, in order to encourage a second-chance policy designed to foster entrepreneurship and business re-starts, given that Second Chance is not adequately recognised by national legislations; stresses the importance of increased networking among entrepreneurs and re-starters in order to promote Second Chance as well as the need to address difficulties in financing re-starters;

37.  Calls on the Union to fully exploit investment opportunities in the EU and beyond that arise from the European Neighbourhood Policy and macro-regional strategies;

38.  Calls on the Commission to include all relevant indicators for measuring macroeconomic imbalances and their effects on the EU's regions in the scoreboard;

39.  Recalls that it is important to further develop partnerships targeted at environmental sectors, which are attracting increasing interest from investors, taking into account EU resources and capacity;

40.  Welcomes the fact that in 2011 the number of companies looking to invest in the EU rose by 5 %; regrets, however, that the average number of new jobs created per investment project has remained flat;

41.  Calls on the Commission and the Member States to apply the European eGovernment Action Plan, through which they can provide eGovernment services – including to companies – more efficiently and at a lower cost, at both local and cross-border level;

42.  Insists on the need, in order to attract more investment, for the EU and its Member States to:

   (a) take advantage of the EU's historical heritage by fostering the cultural industries, sports and tourism as growing and attractive markets;
   (b) foster the trans-Atlantic economy as our current main commercial, trade and foreign direct investment partner, taking greater advantage of skilled-job flows across the two continents and building on the potential for strengthening the innovation economy;

43.  Welcomes the Commission's proposal for a programme focusing on the competitiveness of businesses and SMEs; welcomes the recent increases in venture and angel capital in many Member States but reiterates that the EU should further simplify regulations and access to finance for SMEs and other economic players by encouraging effective venture capital and angel capital systems across the EU and enhancing the role of private and public equity investments in financing long-term corporate growth; calls on the Commission to cooperate more actively with international financial institutions in creating innovative mechanisms for SME financing;

44.  Emphasises the importance of promoting standards that help to develop innovation in new products and services, to complete the internal market and to attract investment in the EU, and of harmonising European standards with international standards;

45.  Reiterates its earlier proposal that the Commission, in conjunction with the EIB (in view of the quality of the latter's human resources and its experience in financing major infrastructure), engage in a process of strategic analysis of investment funding, without ruling out any possible scenario, including subsidies, the release of sums subscribed to the EIB's capital by the Member States, EU subscriptions to the EIB's capital, loans, innovative instruments, financial engineering tailored to long-term projects which are not immediately profitable, the development of guarantee systems, the creation of an investment section within the EU budget, financial consortia of European, national and local authorities, and public-private partnerships;

46.  Welcomes the emblematic Europe 2020 initiatives entitled ‘An integrated industrial policy for the globalisation era’, ‘A Union of Innovation’ and ‘A resource-efficient Europe’, and notes that the Europe 2020 strategy will help to make investment in the EU more attractive, create jobs within the EU and maintain its international competitiveness;

47.  Highlights that, with the current low levels of growth and high levels of unemployment, the EU's cohesion policy makes an important contribution to the European economy as well as to European research and innovation and constitutes the largest expenditure item in the EU's budget for investments in the real economy, strengthening economic, social and territorial cohesion by reducing regional disparities and implementing a Union strategy for smart, sustainable and inclusive growth that offers remarkable leverage for public and private investments at EU, national, regional and local levels;

48.  Stresses that a discriminatory approach towards large enterprises could impede innovation and reduce the competitiveness of other EU companies – SMEs in particular – by excluding them from vital global partnerships in collaborative innovation and by reducing their access to advanced technology;

49.  Endorses the economic rationale of a local/regional place-based development policy rooted in the fundamental logic that interest in the Union's less-developed regions is likely to increase if they are able to offer competitive comparative advantages (adequate infrastructure, skilled human resources, etc.) as well as firm sets of incentives; in this context, calls on the Commission to support the Member States and regions in their pursuit of their own investment incentives policies, especially as regards long-term investments – not least at cross-border level – with an emphasis on infrastructure projects; notes with regret that less-developed regions of the EU are increasingly losing their attractiveness, to the benefit of third countries; calls on the competent authorities to draft urgent measures aimed at maintaining current investment and attracting new investment;

50.  Emphasises that the EU has enormous strength in its cities and that major urban infrastructure projects and innovative business parks provide the strongest appeal to investment; urges the Member States to undertake large-scale investment in infrastructure, new technologies and R&D, including multimodal transport systems, in order to enhance the liveability and competitiveness of Europe's cities, building on their traditional strengths while ensuring that this investment is not detrimental to real territorial cohesion and balanced rural development;

51.  Emphasises that it is necessary not only to disseminate and implement but also to invest in research and education at local level. This means that the available human potential – researchers and academic foundations at local level – needs to be used to the full in order to attract both domestic and direct foreign investment. In this context, it is also important to take note of the mobility of the human element: teachers, researchers and students;

52.  Believes that underdeveloped regions should continue to benefit from substantial Union funding to provide investors with other local competitive advantages in addition to reduced labour costs;

53.  Notes the need for strengthening infrastructure so as to reinforce regional cohesion and the competitiveness of the regions; emphasises, in this context, the importance of the Trans-European Networks and the use of supplementary financial instruments such as project bonds and public-private sector partnerships;

54.  Instructs its President to forward this resolution to the Council, the Commission and the national parliaments.

(1) OJ L 306, 23.11.2011, p. 1.
(2) OJ L 306, 23.11.2011, p. 8.
(3) OJ L 306, 23.11.2011, p. 12.
(4) OJ L 306, 23.11.2011, p. 25.
(5) OJ L 306, 23.11.2011, p. 33.
(6) OJ L 337, 20.12.2011, p. 5.
(7) OJ L 306, 23.11.2011, p. 41.
(8) Texts adopted P7_TA(2011)0565.
(9) Texts adopted, P7_TA(2012)0135.


Trade aspects of the Eastern partnership
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European Parliament resolution of 3 July 2012 on the trade aspects of the Eastern Partnership (2011/2306(INI))
P7_TA(2012)0276A7-0183/2012

The European Parliament,

–  having regard to the ongoing negotiations on the EU-Ukraine, EU-Moldova, EU-Georgia, EU-Armenia and EU-Azerbaijan Association Agreements, which will include substantial trade elements,

–  having regard to the Council Conclusions of 22 January 2007 which adopted the negotiating directives for the EU-Ukraine Association Agreement comprising a Deep and Comprehensive Free Trade Area,

–  having regard to the Council Conclusions of 10 May 2010 which adopted the negotiating directives for the EU-Armenia and EU-Georgia Association Agreements, each comprising a Deep and Comprehensive Free Trade Area,

–  having regard to the Council Conclusions of 15 June 2009 which adopted the negotiating directives for the EU-Moldova Association Agreement and to the additional detailed negotiating directives on the Deep and Comprehensive Free Trade Area, adopted by the Council on 20 June 2011,

–  having regard to the Council conclusions of 10 May 2010 which adopted the negotiating directives for the EU-Azerbaijan Association Agreement,

–  having regard to the Trade and Cooperation Agreement concluded by the European Community with the then Soviet Union in 1989 and subsequently endorsed by Belarus,

–  having regard to the Joint Communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 25 May 2011 on A new response to a changing Neighbourhood (COM(2011)0303),

–  having regard to the development of the European Neighbourhood Policy (ENP) since 2004, and in particular to the Commission's progress reports on its implementation,

–  having regard to its recommendations for the negotiation of Association Agreements with Moldova, Georgia, Armenia and Azerbaijan,

–  having regard to the Action Plans adopted jointly with Armenia, Azerbaijan, Georgia and Moldova and to the Association Agenda with Ukraine,

–  having regard to the Joint Declarations of the Prague Eastern Partnership Summit of 7 May 2009 and of the Warsaw Eastern Partnership Summit of 29-30 September 2011,

–  having regard to the creation of the EURONEST Parliamentary Assembly by its Constituent Act of 3 May 2011,

–  having regard to Article 8 of the Treaty on European Union and Article 207 of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on International Trade (A7-0183/2012),

A.  whereas the conclusion and implementation of Association Agreements including Deep and Comprehensive Free Trade Areas (DCFTAs) is a priority aim and ambition of the reviewed European Neighbourhood Policy regarding the Eastern Partners;

B.  whereas four out of the six countries of the Eastern Partnership are already members of the WTO, with the Governments of Azerbaijan and Belarus having only observer status;

C.  whereas, following the revolutionary movements which took place in 2011 in the EU Southern neighbourhood, now known as the Arab Spring, EU interest has been focused on the southern neighbours; whereas the countries belonging to the Eastern Partnership and EU trade relations with them deserve the attention of the EU;

D.  whereas China's economic presence in the Eastern Partnership countries is continuing to grow;

E.  whereas the DCFTA negotiations with Ukraine were completed in October 2011; whereas the DCFTA will only enter into force after the conclusion of the EU-Ukraine Association Agreement, which is currently blocked due to the EU's discontent with Ukraine's internal political developments and the functioning of its judicial system;

F.  whereas the DCFTA negotiations with Georgia and Moldova were endorsed by the Council in December 2011 and the first rounds of negotiations should take place in the spring of 2012;

G.  whereas in 2011 Armenia made significant progress towards fulfilling the key recommendations, and DCFTA negotiations between the EU and Armenia were launched in February 2012 and started on 6 March 2012;

H.  whereas the WTO accession of Azerbaijan has been under way since 1997 but progress has been limited, which is one of the key obstacles to launching DCFTA negotiations with the EU;

I.   whereas Belarus has so far participated only in a limited way in the different platforms of the Eastern Partnership; whereas this jeopardises the fulfilment of the ultimate goal of the Eastern Partnership, which is strengthened democracy, progress, stability and prosperity in the EU's Eastern neighbourhood; notes the economic dynamics of the new economic space consisting of Russia, Kazakhstan and Belarus and encourages its members to carry out their trade activities in compliance with internationally accepted trade rules and standards, namely those stemming from the WTO;

J.   whereas all EU Eastern Partners, being the ex-USSR states, share the same historical and institutional background and have faced similar challenges in their political and socio-economic transition over the past two decades;

General considerations

1.  Stresses that the prospect of creating DCFTAs with the EU is one of the key incentives for the partner countries to pursue their reform efforts; considers the creation of DCFTAs to be one of the most ambitious tools of EU bilateral trade policy for achieving a stable, transparent and predictable economic environment which respects democracy, fundamental rights and the rule of law, providing not only for greater economic integration by a gradual dismantling of trade barriers but also for regulatory convergence in areas that have an impact on trade in goods and services, in particular by strengthening investment protection, streamlining customs and border procedures, reducing technical and other non-tariff barriers to trade, strengthening sanitary and phytosanitary rules, improving animal welfare, enhancing the legal frameworks for competition and public procurement and ensuring sustainable development; takes the view that concluding DCFTAs is fundamental in fighting tendencies towards protectionism at global level;

2.  Recognises that DCFTAs provide the EU with a vital trade instrument for building up long-term economic relationships with third countries; acknowledges the impact of DCFTAs on the entire functioning of the EU's trade partner countries that reaches far beyond purely trade issues, also influencing the state of democracy, the rule of law and other common standards;

3.  Stresses that the decision-making process to assess the preparedness of potential EU partners to enter into trade negotiations should be free from political prejudgements and should, to a larger extent, depend on the real capacity of the trade partner to effectively implement DCFTA conditions;

4.  Acknowledges the fact that DCFTAs might be a core component of a wider political agreement (association agreement); stresses, however, that in cases where it is not possible or advisable to conclude an AA with a particular country other strategies shall be considered in order to efficiently pursue the Union's economic and trade goals with the country concerned;

5.  Emphasises the importance of the Comprehensive Institution Building Programme, Technical Assistance and Information Exchange instrument (TAIEX) and twinning programmes in helping the Eastern Partners to fulfil the key recommendations as well as in enhancing their implementation capacity;

6.  Recognises that greater trade integration, with the profound changes in economic structures it requires, calls for significant short-term and medium-term efforts by our Eastern Partners, is convinced, however, that in the long run, the benefits of such integration will compensate for those efforts; emphasises that the support and involvement of local civil society and international NGOs in promoting the long-term benefits is key for the success of their reform processes;

7.  Is in favour of strengthening cooperation between the EU and its Eastern Partners in a number of sectors, in particular industry, SMEs, research, development and innovation, ICT and tourism;

8.  Considers that differentiation accompanied by application of the ‘more for more’ principle as outlined in the above-mentioned Joint Communication on A new response to a changing neighbourhood is a step in the right direction in trade relations with the Eastern Partners, acknowledging the efforts of those who make the most progress and motivating others to step up their efforts; considers that trade should be a facilitator of change and stresses the importance of conditionality clauses and their subsequent enforcement;

9.  Is convinced that the economic integration of the Eastern Partners with the EU cannot be efficiently carried out without political and social reforms, participation of civil society in the decision-making process and economic integration among the Eastern Partners themselves; emphasises that economic integration among these countries should be open, so as to capitalise on its benefits; regrets in this regard that regional frozen conflicts have for many years harmed the effectiveness and development of cross-border trade and continue to cause enormous economic losses to some of the Eastern Partners and to lead to their economic isolation;

10.  Considers it important that the EU offer to all DCFTA partners the flexibilities which they are entitled to under WTO rules;

11.  Highlights the importance of conflict prevention through economic and social cohesion;

12.  Calls on the Commission to grant, in particular, flexibilities which promote the build-up of infant industries in the DCFTA partner countries;

13.  Welcomes the Commission proposal on the Multiannual Financial Framework 2014-2020, which proposes a 40 % rise in funding for the European Neighbourhood Policy; emphasises its view that the Eastern Partners cannot carry alone the burden of costs of legal approximation and the necessary institutional and structural reforms, and that EU financial support, which should complement their own reform efforts, is also instrumental for the success; calls in this regard on the Council to maintain the funding proposed by the Commission;

14.  Stresses the role of the national parliaments of the EU's Eastern Partners in approximation of trade legislation with the EU acquis, which is a prerequisite for conclusion and proper implementation of the future DCFTAs; calls in this regard on the EU and its Member States to provide them with greater technical assistance and invites especially the new EU Member States to share with them the expertise and best practices they have acquired in their own process of alignment of national legislation with the trade-related acquis communautaire;

15.  Welcomes the accession of Ukraine and Moldova to the Treaty establishing the Energy Community, in view of its potentially vital role in terms of ensuring the achievement of the EU's energy security objectives and contributing to security for those countries;

16.  Welcomes all efforts towards strengthening of the Eastern Partnership, especially the Commission's flagship initiatives on SMEs, including the EaP SME facility, and on regional energy markets and energy efficiency;

17.  Calls on the Commission to further develop the EU Black Sea Strategy, as it represents an important component of the EU's external energy strategy, given its geostrategic role, which offers a significant potential for energy security and supply diversification;

18.  Recognises the importance of the EURONEST Parliamentary Assembly (PA), particularly its Committee on Economic Integration, Legal Approximation and Convergence with EU policies and its Committee on Energy Security, in discussions on trade issues between Members of the European Parliament and national parliamentarians of the EU's Eastern Partners; expresses its hope that the conditions for the members of the Belarusian Parliament to join the EURONEST PA will be met in the foreseeable future;

19.  Stresses that a DCFTA is not assistance given to the Eastern Partners, but is a trade deal bringing about reciprocal advantages and obligations for both parties; regrets that the ENP review still does not elaborate on how developing such a trade policy could present a boost for EU economic interests by bringing substantial benefits to EU consumers, companies and workers; stresses that DCFTAs would not only bring economic benefits for the Eastern Partners but can also accelerate institutional reforms, modernisation and development;

20.  Takes note of the creation on 18 October 2011 of a free-trade zone among the majority of members of the Commonwealth of Independent States, which include the EU Eastern Partners with the exception of Georgia and, for the time being, Azerbaijan; believes that the conclusion of FTAs with other countries should not harm the DCFTAs that the Eastern Partnership countries conclude with the EU, emphasises in this regard that it is important for the EU to provide the Eastern Partners with an attractive and viable alternative;

21.  Insists that the EU's strategy towards Russia should take due account of the Russian influence on the Eastern Partners; notes that Russia has concluded a customs union with Kazakhstan and with one Eastern Partner, Belarus; regrets that Russia may have undermined the trade negotiations between the EU and several Eastern Partners, in particular Ukraine, by offering them an alternative path, based on short-term solutions, such as lower gas prices; reckons that these alternatives will prove counterproductive in the long run for the Eastern Partners;

22.  Insists that the success of DCFTAs will to a great extent depend on institution building and proper implementation of commitments, which can only be assured in an open, transparent and corruption-free business environment, which is a prerequisite for the successful implementation of DCFTAs;

23.  Notes that prosperity and stability in the EU's Eastern neighbourhood are in the EU's utmost interest and moreover that stable and predictable relations between the EU and its Eastern Partners will undoubtedly raise trade volumes in both directions;

24.  Notes at the same time that the EU is the main export partner of most of the Eastern Partnership countries;

25.  Points out that, despite making sufficient progress in fulfilling the key recommendations, as conditions for allowing the launch of the DCFTA negotiations, Georgia and Moldova still need to ensure that their commitment to the reform process is of a long-term nature and that they engage in a durable reform process throughout the negotiations; emphasises that both countries still need to make significant progress in regulatory reform concerning in particular technical barriers to trade, sanitary and phytosanitary measures, intellectual property rights and competition law;

26.  Expresses concern over the institutional capacity of the Eastern Partners concerned with regard to the actual implementation of a DCFTA; stresses that the conclusion of a DCFTA does not in itself guarantee success unless it is effectively implemented and accompanied by effective measures on competition and against corruption;

27.  Notes that internationally approved labour standards must be adhered to when concluding DCFTAs; notes that observance of fundamental labour rights approved by the International Labour Organisation is a key element of respect for human rights;

28.  Calls for an ambitious approach to integrating the economies of the EU and of the Eastern Partnership countries through DCFTAs by including other aspects related to free and fair trade; recommends that all DCFTAs include a binding sustainable development chapter, with provisions on environmental protection and international labour rights;

Armenia

29.  Applauds the Armenian Government for stepping up its efforts to fulfil the key recommendations in 2011, which led to the launch of the DCFTA negotiations in February 2012;

30.  Welcomes the launch of DCFTA negotiations between Armenia and the EU in February 2012 and their start on 6 March 2012; encourages Armenia to use the DCFTA potential to boost its economy, export opportunities and access to the EU market, to speed up necessary reforms and generally upgrade Armenia's standards to a European level; stresses that closer economic integration with the EU must contribute to the strengthening of political stability and security in the region; hopes for a swift conclusion of the EU/Armenia DCFTA negotiations;

31.  Welcomes the launch of the DCFTA negotiations, which will provide opportunities to strengthen economic relations between the two sides; considers it necessary to sustain reforms to create a stable and transparent economic environment which will attract foreign investments, boost growth and create jobs;

32.  Believes that the conclusion of a DCFTA will stimulate Armenia's economy by, among other things, boosting competition;

33.  Regrets that the Nagorno-Karabakh conflict still resonates in the closed borders of Armenia with Azerbaijan and Turkey, keeping the country economically isolated due to the lack of access routes; stresses that opening of the borders is, inter alia, an important condition for attracting foreign investment;

34.  Is concerned about the indications of the ongoing close links between political and business circles and significant impediments for businesses, including the untransparent tax system and low investment protection; recognises the need for a strong institutional framework for public procurement and competition policy in order to include an effective enforcement mechanism;

35.  Welcomes Armenia's decision to rejoin the WTO Plurilateral Agreements on Public Procurement in December 2011; is convinced that this step is beneficial for Armenia's image as a reliable trading partner;

36.  Stresses that the DCFTA should include a deep commitment on the part of Armenia to reform its regulations in the direction of EU standards, accompanied by effective anticorruption measures;

37.  Recommends also that the DCFTA should include measures aimed at strengthening the implementation of competition law, thus enabling foreign investors and companies to participate, in particular, in Armenia's construction and energy industries;

38.  Urges Armenia to accelerate the process of complying with EU sanitary and phytosanitary measures, which would enable diversification of Armenia's exports to include agricultural products;

39.  Believes that the weakening of Armenia's dependence on Russian commercial and governmental support as a result of Armenia opening its borders and strengthening international cooperation promotes its economic growth; believes that the conclusion of a DCFTA with the EU would be particularly beneficial in this regard;

Azerbaijan

40.  Acknowledges the efforts and achievements of Azerbaijan towards approximation with the EU acquis; welcomes in this regard the recent adoption of the new Customs Code and Construction Code;

41.  Emphasises that the accession of Azerbaijan to the WTO is the key prerequisite for opening the DCFTA negotiations and thus bringing EU-Azerbaijan trade relations to a higher level; notes that the structure of the Azerbaijani economy does not give its government a strong motivation to seek WTO membership and a DCFTA with the EU; stresses however that the benefits of a DCFTA are not purely economic but that it could also develop the local economy beyond its overreliance on energy exports; urges the Azerbaijani Government therefore to step up its efforts towards WTO membership; in this regard calls on the EU to provide Azerbaijan with the necessary assistance;

42.  Commends the remarkable economic growth experienced by Azerbaijan in past years; points out, however, that the oil sector provides 5 0% of Azerbaijan's GDP, 95 % of its exports and 60% of its budget revenues, which makes the Azerbaijani economy vulnerable to oil price volatility and all changes in global demand; calls in this regard on the Azerbaijani Government to consider adopting effective and consistent measures to diversify the country's economy;

43.  Recalls Azerbaijan's potential for development of competitive agricultural production, and recommends that the Azerbaijani Government take into account this area as a potentially important step towards the diversification of its economy and its exports to the EU, subject to compliance with EU sanitary and phytosanitary requirements, and to other countries;

44.  Calls on the Azerbaijani Government to genuinely engage in fighting corruption and social inequalities that can lead to social unrest, improve access to financing for businesses, thereby making the country's economy more competitive and attractive for foreign investment;

45.  Strongly supports the upgrading of the trade component of the future EU-Azerbaijan Association Agreement to a DCFTA once all the conditions are met;

Belarus

46.  Regrets that Belarus, despite its unquestionable potential, is drifting further and further from the EU in terms of its overall political and economic standards, as well as its economic model;

47.  Stresses the importance of Belarus's strategic position as a country of transit for energy, particularly supplies of natural gas for the EU; calls on Belarus, therefore, to promptly ratify and duly implement the Energy Charter;

48.  Recalls that the EU is Belarus's second biggest trading partner after Russia;

49.  Stresses the need for more EU assistance in order to improve the performance of administrative structures, in particular the need to fight corruption;

50.  Points out the difficulties in assessing the real economic situation in Belarus, due to the official statistics which, according to independent observers, conceal the reality in which reportedly 20 % of Belarusians live below the breadline;

51.  Notes that 80 % of companies are publicly owned and the development of the private sector is hampered by discriminatory and arbitrary measures, changes to legislation and heavy taxation, which forces the private sector to operate partly in the unofficial economy;

52.  Recalls that, due to the negative political and economic climate in Belarus, the International Monetary Fund and the World Bank froze their credits to Belarus in 1996 and the EU did the same in 1997; points out that all this dissuaded and continues to dissuade foreign investors, with foreign direct investment which now accounts for only 1 % of the country's GDP;

53.  Believes that the EU should help to strengthen Belarusian civil society by reorienting EU funds in this direction;

54.  Is convinced that deep institutional and structural reforms need to be carried out in order to start building a functioning, transparent and open market economy;

55.  Points out that the country's WTO accession is a condition for starting negotiations on any kind of free trade agreement with the EU; in this regard, calls on Belarus to genuinely engage in the WTO accession process; points out that Belarus, being a member of the Customs Union with Russia and Kazakhstan, could draw from Russia's experience with the WTO accession process;

56.  Is convinced that the EU should make every effort to engage Belarus in real political and economic dialogue and provide incentives for reforms which are indispensable and of extreme importance for Belarusian citizens; notes, in this regard, the current EU targeted restrictive economic measures against Belarus; takes the view that the EU should continue its targeted individual restrictive measures while continuing to support civil society and entrepreneurs with the aim not only of improving economic conditions but also of enhancing the rule of law, transparency and the fight against corruption;

Georgia

57.  Points out that, according to the evaluation of the World Bank, Georgia is one of the world's fastest reforming economies and that it is ranked by the World Bank as the world's 16th best place to do business;

58.  Acknowledges Georgia's reconstruction work following the war of 2008 and its opening of new markets;

59.  Recognises that the Georgian Government is trying to enhance the protection of intellectual property rights, points out however that Georgia still has the highest alleged prevalence of pirated software of any country; calls in this regard on the Georgian Government to develop laws for the enforcement of intellectual property rights, taking due account, however, of human rights and proportionality;

60.  Takes into consideration that Georgia has demonstrated notable economic growth and investment rates and emphasises that the DCFTA would be an additional factor for supporting broad-based growth and attracting foreign investments;

61.  Encourages Georgia to perfect its legislation, improve the efficiency of its institutions and ensure high quality-control standards for its products in order to comply with the requirements set out by the European Commission;

62.  Welcomes Georgia's new procurement system, enabling e-auctions for all types of contracts, irrespective of their size or nature; points out that Georgia should also serve as an example for the EU Member States in this area;

63.  Calls on Georgia to ensure that, after the conclusion of the DCFTA negotiations, only products originating from regions formally recognising their adhesion to the Georgian state are eligible for trade preferences;

Moldova

64.  Recognises with satisfaction that Moldova, despite the fragility of its economy, has in recent years undergone a remarkable reform process and greatly improved its economic performance; highlights in this regard the vital importance of the financial assistance provided by the International Monetary Fund and the macrofinancial assistance provided by the EU;

65.  Is of the opinion that the future DCFTA should apply to the whole territory of Moldova that formally acknowledges its adhesion to the Molovan state;

66.  Notes that, for the time being, most Moldovan exports originate from agriculture and thus face fierce competition and strict requirements in the EU market; takes the view that a DCFTA should help diversify Moldovan exports and make the country more competitive and would enable Moldova to attract foreign investments in order to end its dependence on remittances and make the transition to an export-competitive market economy;

67.  Stresses the importance of continuing Moldova's alignment to the EU of its infrastructure and systems for technical regulation, standardisation, conformity assessment, testing, market surveillance and metrology;

68.  Points out that considerable progress is still needed in the area of services and investment protection;

69.  Calls on the EU authorities to be more involved in finding a peaceful solution for the problems of territorial reintegration of Moldova;

Ukraine

70.  Welcomes the conclusion of the DCFTA between the EU and Ukraine, as the first ever free trade agreement between the EU and an Eastern Partner; considers that this ground-breaking agreement and the experience gained during its negotiation will undoubtedly serve as a useful example in future DCFTA negotiations;

71.  Points out that Ukraine is the EU's largest Eastern Partner and that the DCFTA opens a new market of 46 million consumers for the EU; considers that for the EU the biggest benefits from implementing the DCFTA will come from a more stable and predictable trade and investment regime in Ukraine;

72.  Welcomes the Ukrainian authorities' efforts to focus on overcoming social and geographic inequalities, in particular between the capital and the regions;

73.  Regrets the delays in signing the Association Agreement, which is the condition for entry into force of the DCTFA; expresses the hope that the obstacles to the signature will soon be overcome;

74.  Takes note of the fact that the Commission excluded the possibility of provisional application of the DCFTA before the conclusion of the Association Agreement and its consent by the European Parliament; points out that the application of both the Association Agreement and the DCFTA will bring about structural and political reforms and therefore wishes a swift implementation of both;

75.  Recognises that, regarding integration into European structures, Ukraine has made some advances and has started to adapt its legal system to the EU and to international standards and has also made great progress in the adoption of OECD standards and norms; notes nevertheless that the business climate in Ukraine is still ranked 152nd by the World Bank's Doing Business, with a worsening of cross-border trading problems;

76.  Emphasises that successful implementation of the DCFTA will very much depend on the political will and administrative capacity to implement all its provisions in a timely and accurate manner; considers that this is a serious challenge for Ukraine, which has a mixed record on reforming its economy and state and which is still struggling to fulfil all its commitment under the WTO accession process, as well as commitments vis-à-vis the World Bank and the International Monetary Fund;

77.  Reiterates that fundamental economic, political and institutional reforms, including a broad and permanent participation of civil society organisations and networks, must be accelerated and conducted in a more comprehensive and consistent way, in order to ensure proper implementation of the DCFTA and the gains coming from it; calls, in particular, for continuation of economic reforms in the areas of agriculture, energy and transport sectors;

78.  Is concerned about the negative indications regarding Ukraine's business and investment climate resulting from various institutional and systemic deficiencies such as barriers to market entry, administrative permits, the excessive number of administrative inspections, untransparent tax and customs systems and poor administration, the unstable and untransparent legal system and its poor functioning, weak and corrupt public administration and judiciary, weak contract enforcement and insufficient property rights protection, underdevelopment and monopolisation of infrastructure; urges the Ukrainian Government to accelerate the reform process in order to eliminate the above obstacles to free and fair business and trade;

79.  Calls on the Ukrainian Government to address the concerns of the business sector more effectively, in particular with regard to access to credit and land, mortgages, preferential credits for developing small agricultural enterprises; a simplified and more transparent tax collection system, refunding value-added tax to exporters, customs clearance and approval procedures for imports, promotion of the SME sector, improvement of law enforcement in the area of protection of material assets and intellectual property; as all these factors have an immediate and direct impact on the quantity and quality of trade relations with the EU and its foreign direct investment inflow in Ukraine;

80.  Calls on Ukraine to adapt its internal legislation in order to facilitate free and uninterrupted transit of gas to the EU Member States; notes that this process should include a restructuring of the gas sector and the establishment of fair regulation of energy infrastructure with a view to placing foreign suppliers, foreign customers and local energy demand on an equal footing; calls for enhanced cooperation between the EU and Ukraine in the energy sector, for integration of the Ukrainian energy sector into the European energy sphere and for the initiation of joint modernisation and development projects in the energy infrastructure sphere; calls on the government to implement the third energy package;

81.  Expresses its hope that Ukraine will find enough political will and courage to create political and regulatory conditions for full and timely implementation of the DCFTA, which would be of great benefit to its population;

82.  Calls on the EU authorities to give more support to improving the performance of Ukrainian administrative structures and to promoting EU standards in the field of governance;

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83.  Calls on the Council, the Commission and the European External Action Service to take the above considerations and recommendations duly into account in negotiation and implementation of the trade parts of Association Agreements with Armenia, Azerbaijan, Georgia, Moldova and Ukraine as well as in developing the EU's trade relations with Belarus;

84.  Calls on the Commission to regularly and fully report to the European Parliament on the progress of the negotiations and, after its entry into force, on the progress in implementation of each DCFTA;

85.  Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the EEAS and the governments and parliaments of the Member States and of the countries belonging to the Eastern Partnership.


Electronic signature of amendments (interpretation of Rule 156(1) of Parliament's Rules of Procedure)
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Decision of the European Parliament of 3 July 2012 concerning a pilot project allowing amendments tabled in committee to be signed electronically (interpretation of the second subparagraph of Rule 156(1) of Parliament's Rules of Procedure)

The European Parliament,

–  having regard to the letter of 19 June 2012 from the Chair of the Committee on Constitutional Affairs,

–  having regard to Rule 211 of its Rules of Procedure,

1.  Decides to append the following interpretation to the second subparagraph of Rule 156(1):"

Amendments may be signed electronically as part of a pilot project involving a limited number of parliamentary committees, on condition, first, that the committees participating in the project have given their agreement and, second, that appropriate measures have been put in place to ensure the authenticity of the signatures.

"

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

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