European Parliament legislative resolution of 25 October 2012 on the proposal for a regulation of the European Parliament and of the Council concerning certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, and for applying the Interim Agreement between the European Community, of the one part, and the Republic of Serbia, of the other part (COM(2011)0938 – C7-0010/2012 – 2011/0465(COD))

P7_TA(2012)0389 A7-0273/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0938),

–  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 (C7-0010/2012),

–  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 International Trade (A7-0273/2012),

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 25 October 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council concerning certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, and for applying the Interim Agreement between the European Community, of the one part, and the Republic of Serbia, of the other part

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,

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

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

Whereas:

(1)  A Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, (the ‘SAA’) was signed on 29 April 2008. The SAA is in the process of ratification.

(2)  On 29 April 2008, the Council concluded an interim agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part(2), (the ‘Interim Agreement’) which provides for the early entry into force of the trade and trade-related provisions of the SAA. The Interim Agreement entered into force on 1 February 2010.

(3)  It is necessary to lay down rules for the implementation of certain provisions of the Interim Agreement and for the procedures for the adoption of detailed rules of implementation. Since the trade and trade-related provisions of those instruments are, to a very large extent, identical, this Regulation should also apply to the implementation of the SAA after its entry into force.

(4)  In order to ensure uniform conditions for the implementation of the Interim Agreement and of the SAA, 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(3). Given that the implementing measures form part of the common commercial policy, the examination procedure should be used for their adoption. Where the Interim Agreement and the SAA foresee the possibility, in exceptional and critical circumstances, to apply forthwith measures necessary to deal with the situation, the Commission should adopt immediately such implementing acts. [Am. 1]

(4a)  It is appropriate that the advisory procedure be used for the adoption of provisional measures to address exceptional and critical circumstances given the effects of those provisional measures and their sequential logic in relation to the adoption of definitive measures. Where a delay in the imposition of such provisional measures would cause damage which would be difficult to repair it is necessary to allow the Commission to adopt immediately applicable provisional measures. [Am. 2]

(4b)  The Commission should adopt immediately applicable implementing acts where, in duly justified cases relating to exceptional and critical circumstances within the meaning of Article 26(5)(b) and Article 27(4) of the Interim Agreement, and, thereafter, of Article 41(5)(b) and Article 42(4) of the SAA, imperative grounds of urgency so require. [Am. 3]

(5)  The SAA and the Interim Agreement stipulate that certain agricultural and fishery products originating in the Republic of Serbia may be imported into the Union at a reduced customs duty, within the limits of tariff quotas. It is necessary to lay down provisions regulating the management and review of those tariff quotas in order to allow for their thorough assessment. [Am. 4]

(6)  Where trade defence measures become necessary, they should be adopted in accordance with Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports(4), Council Regulation (EC) No 1061/2009 of 19 October 2009 establishing common rules for exports(5), Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community(6) or, as the case may be, Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community (7).

(7)  Where a Member State provides information to the Commission on a possible fraud or failure to provide administrative cooperation, the relevant Union law applies, in particular 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 and agricultural matters(8).

(8)  This Regulation contains implementing measures for the Interim Agreement, and should thus apply from the date of entry into force of the Interim Agreement,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down rules and the procedures for the adoption of detailed rules for the implementation of certain provisions of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part, (the ‘SAA’), and of the interim agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part (the 'Interim Agreement').

Article 2

Concessions for fish and fishery products

Detailed rules on the implementation of Article 14 of the Interim Agreement, and thereafter Article 29 of the SAA, concerning the tariff quotas for fish and fishery products, shall be adopted by the Commission in accordance with the examination procedure set out in Article 13(3) of this Regulation.

Article 3

Tariff reductions

1.  Subject to paragraph 2, rates of preferential duty shall be rounded down to the first decimal place.

2.  Where the result of calculating the rate of the preferential duty in application of paragraph 1 is one of the following, the preferential rate shall be considered a full exemption:

Article 4

Technical adaptations

Amendments and technical adaptations to the provisions adopted pursuant to this Regulation rendered necessary by changes to the Combined Nomenclature and to the Integrated tariff of the European Communities (TARIC) subdivisions or arising from the conclusion of new or modified agreements under Article 218 of the Treaty on the Functioning of the European Union (TFEU) between the Union and the Republic of Serbia, shall not entail any substantive changes and shall be adopted in accordance with the examination procedure set out in Article 13(3) or, as the case may be, with respect to agricultural products the examination procedure referred to in Article14(2). [Am. 5]

Article 5

General safeguard clause

Without prejudice to Article 7 of this Regulation, where the Union needs to take a measure as provided for in Article 26 of the Interim Agreement, and thereafter Article 41 of the SAA, it shall be adopted in accordance with the conditions and procedures laid down in Regulation (EC) No 260/2009, unless otherwise specified in Article 26 of the Interim Agreement, and thereafter Article 41 of the SAA.

Article 6

Shortage clause

Without prejudice to Article 7 of this Regulation, where the Union needs to take a measure as provided for in Article 27 of the Interim Agreement, and thereafter Article 42 of the SAA, it shall be adopted in accordance with the procedures laid down in Regulation (EC) No 1061/2009.

Article 7

Exceptional and critical circumstances

Where exceptional and critical circumstances arise within the meaning of Articles 26(5)(b) and 27(4) of the Interim Agreement, and thereafter of Article 41(5)(b) and 42(4) of the SAA, the Commission may take immediately applicable measures as provided for in Articles 26 and 27 of the Interim Agreement, and thereafter in Article 41 and 42 of the SAA, in accordance with the procedure referred to in Article 15(2) of this Regulation.

Article 8

Safeguard clause for agricultural and fishery products

Notwithstanding Articles 5 and 6, where the Union needs to take a safeguard measure concerning agricultural and fishery products, as provided for in Article 17(2) or Article 26 of the Interim Agreement, and thereafter in Article 32(2) or Article 41 of the SAA, the Commission shall, at the request of a Member State or on its own initiative, adopt the necessary measures, where applicable after referring the matter to the Interim Committee pursuant to Article 26(5)(a) of the Interim Agreement, and thereafter to the Stabilisation and Association Council pursuant to Article 41(5)(a) of the SAA.

The Commission shall adopt those immediately applicable acts in accordance with the procedure referred to in Article 14(3).

Article 9

Surveillance

For the purposes of implementing Article 17(2) of the Interim Agreement, and thereafter Article 32(2) of the SAA, a Union surveillance of imports of goods listed in Annex V of Protocol 3 shall be established. The procedure laid down in Article 308d of the Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(9) shall apply.

Article 10

Dumping and subsidy

In the event of a practice which is liable to warrant application by the Union of the measures provided for in Article 25(2) of the Interim Agreement, and thereafter Article 40(2) of the SAA, the Commission shall decide whether to introduce anti-dumping or countervailing measures in accordance with the provisions laid down in, respectively, Regulation (EC) No 1225/2009 and Regulation (EC) No 597/2009.

Article 11

Competition

1.  In the event of a practice which the Commission considers not to be compatible with Article 38 of the Interim Agreement, and thereafter with Article 73 of the SAA, the Commission shall, after examining the case on its own initiative or on the request of a Member State, decide upon the appropriate measure provided for in Article 38 of the Interim Agreement, and thereafter in Article 73 of the SAA.

In relation to aid, the measures provided for in Article 38(10) of the Interim Agreement, and thereafter Article 73(10) of the SAA, shall be adopted in accordance with the procedures laid down in Regulation (EC) No 597/2009.

2.  In the event of a practice that may cause measures to be applied to the Union by the Republic of Serbia on the basis of Article 38 of the Interim Agreement, and thereafter of Article 73 of the SAA, the Commission shall, after examining the case, decide whether the practice is compatible with the principles set out in the Interim Agreement, and thereafter the SAA. Where necessary, the Commission shall take appropriate decisions on the basis of criteria which result from the application of Articles 101, 102 and 107 TFEU.

Article 12

Fraud or failure to provide administrative cooperation

The Commission shall publish any notice under Article 31(5) of the Interim Agreement, and thereafter in Article 46(5) of the SAA, in the Official Journal of the European Union.

The Commission may, in accordance with the advisory procedure referred to in Article 13(2) of this Regulation, suspend temporarily the relevant preferential treatment of the products as provided for in Article 31(4) of the Interim Agreement, and thereafter in Article 46(4) of the SAA.

Article 13

Committee procedure

1.  The Commission shall be assisted by the Customs Code Committee set up by Article 248a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(10). The Customs Code Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

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

3a.  Where the opinion of the Customs Code 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 Customs Code Committee so decides or a majority of Customs Code Committee members so request. [Am. 6]

Article 14

Committee procedure concerning agricultural products

1.  The Commission shall be assisted by the Management Committee for the Common Organisation of Agricultural Markets established by Article 195 of 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(11) (the 'Agricultural Committee'). The Agricultural Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

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

3.  Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

3a.  Where the opinion of the Agricultural 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 Agricultural Committee so decides or a majority of Agricultural Committee members so request. [Am. 7]

Article 15

Committee procedure for measures in case of exceptional and critical circumstances

1.  The Commission shall be assisted by the Committee established by Article 4 of Regulation (EC) No 260/2009 (the 'Imports Committee'). The Imports Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.  Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5Article 4 thereof, shall apply. [Am. 8]

2a.  Where the opinion of the Imports 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 Imports Committee so decides or a majority of Imports Committee members so request. [Am. 9]

Article 16

Notification

The Commission, acting on behalf of the Union, shall be responsible for notification to the Interim Committee, and thereafter the Stabilisation and Association Council and the Stabilisation and Association Committee, respectively, as required by the Interim Agreement or the SAA.

Article 17

Entry into force

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

It shall apply from 1 February 2010.

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

Done

For the European Parliament

The President

For the Council

The President

The President

For the Council

(1) Position of the European Parliament of 25 October 2012. (2) OJ L 28, 30.1.2010, p. 1. (3) OJ L 55, 28.2.2011, p. 13. (4) OJ L 84, 31.3.2009, p. 1. (5) OJ L 291, 7.11.2009, p. 1. (6) OJ L 343, 22.12.2009, p. 51. (7) OJ L 188, 18.7.2009, p. 93. (8) OJ L 82, 22.3.1997, p. 1. (9) OJ L 253, 11.10.1993, p. 1. (10) OJ L 302, 19.10.1992, p. 1. (11) OJ L 299, 16.11.2007, p. 1

European Parliament legislative resolution of 25 October 2012 on the proposal for a decision of the European Parliament and of the Council amending Council Decision 2003/17/EC by extending its period of application and by updating the names of a third country and of the authorities responsible for the approval and control of the production (COM(2012)0343 – C7-0161/2012 – 2012/0165(COD))

P7_TA(2012)0390 A7-0315/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0343),

–  having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0161/2012),

–  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 18 September 2012(1),

–  having regard to the undertaking given by the Council representative by letter of 28 September 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 Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Agriculture and Rural Development (A7-0315/2012),

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 25 October 2012 with a view to the adoption of Decision No .../2012/EU of the European Parliament and of the Council amending Council Decision 2003/17/EC by extending its period of application and by updating the names of a third country and of the authorities responsible for the approval and control of the production

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 1105/2012/EU.)

(1) Not yet published in the Official Journal.

European Parliament legislative resolution of 25 October 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (COM(2012)0277 – C7-0137/2012 – 2012/0143(COD))

P7_TA(2012)0391 A7-0314/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0277),

–  having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0137/2012),

–  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 18 September 2012(1),

–  having regard to the undertaking given by the Council representative by letter of 22 October 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 Rule 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Fisheries (A7-0314/2012),

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 and regional parliaments in the Member States.

Position of the European Parliament adopted at first reading on 25 October 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council on amending Council Regulation (EC) No 2371/2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1152/2012.)

(1) Not yet published in the Official Journal.

European Parliament legislative resolution of 25 October 2012 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs (08741/2012 – C7-0173/2012 – 2012/0069(NLE))

P7_TA(2012)0392 A7-0272/2012

(Consent)

The European Parliament,

–  having regard to the draft Council decision (08741/2012),

–  having regard to the draft Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs (08742/2012),

–  having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph, Article 218(6), second subparagraph, point (a)(v) and Article 218(7) of the Treaty on the Functioning of the European Union (C7-0173/2012),

–  having regard to Rules 81 and 90(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on International Trade (A7-0272/2012),

1.  Consents to conclusion of the Agreement;

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

European Parliament legislative resolution of 25 October 2012 on the draft Council decision on the conclusion, on behalf of the European Union, of the Food Assistance Convention (12267/2012 – C7-0210/2012– 2012/0183(NLE))

P7_TA(2012)0393 A7-0309/2012

(Consent)

The European Parliament,

–  having regard to the draft Council decision (12267/2012),

–  having regard to the Food Assistance Convention (attached to the draft Council decision),

–  having regard to the request for consent submitted by the Council in accordance with Article 214(4) and Article 218(6), second subparagraph, point (a) of the Treaty on the Functioning of the European Union (C7-0210/2012),

–  having regard to Rules 81 and 90(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Development (A7-0309/2012),

1.  Consents to conclusion of the Convention;

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

European Parliament legislative resolution of 25 October 2012 on the proposal for a Council directive on consular protection for citizens of the Union abroad (COM(2011)0881 – C7-0017/2012 – 2011/0432(CNS))

P7_TA(2012)0394 A7-0288/2012

(Special legislative procedure – consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2011)0881),

–  having regard to Article 23 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0017/2012),

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

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs and of the Committee on Legal Affairs (A7-0288/2012),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 293(2) of the Treaty on the Functioning of the European Union;

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

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

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

Text proposed by the Commission   Amendment Amendment 1 Proposal for a directive Recital 6 a (new) (6a)  Under Article 35 of the Treaty on European Union, the diplomatic and consular missions of the Member States and the Union delegations in third countries shall cooperate and shall contribute to the implementation of the right of citizens of the Union to protection in the territory of third countries. Amendment 2 Proposal for a directive Recital 7 (7)  Where unrepresented citizens need protection in third countries efficient cooperation and coordination is required. The assisting Member State present in a third country and the Member State of origin of the citizen may need to cooperate closely. Local consular cooperation may be more complex for unrepresented citizens, as it requires coordination with authorities not represented on the ground. To fill the gap caused by the absence of an embassy or consulate of the citizen's own Member State, a stable framework should be ensured. (7)  Where unrepresented citizens need protection in third countries efficient cooperation and coordination is required. The assisting Member State and the Union delegation present in a third country and the Member State of origin of the citizen should cooperate closely. Amendment 3 Proposal for a directive Recital 7 a (new) (7a)  Local consular cooperation may be more complex for unrepresented citizens, as it requires coordination with authorities not represented on the ground. To fill the gap caused by the absence of an embassy or consulate of the citizen's own Member State, a stable framework should be ensured. Local consular cooperation should pay due attention to unrepresented citizens, for example by collecting the relevant contact details of the nearest regional embassies and consulates of Member States. Amendment 4 Proposal for a directive Recital 7 b (new) (7b)  In order to facilitate and improve consular protection, with special attention being paid to the situation of unrepresented citizens, the Commission should establish practical guidelines. Amendment 5 Proposal for a directive Recital 8 (8)  Citizens of the Union are unrepresented if their Member State of nationality does not have an accessible embassy or consulate in a third country. The notion of accessibility should be interpreted with a view to safeguarding the protection of citizens. (8)  Citizens of the Union are unrepresented if their Member State of nationality does not have an accessible embassy or consulate in a third country or if accessing the embassy or consulate would present the citizen of a given Member State with an unnecessary use of precious time and financial resources in cases of emergency. The notion of accessibility should be interpreted with a view to safeguarding the protection of citizens. Amendment 6 Proposal for a directive Recital 9 (9)  In accordance with the right to respect for private and family life as recognised in Article 7 of the Charter of Fundamental Rights of the European Union, the assisting Member State should provide protection to third country family members of citizens of the Union under the same conditions as to third country family members of its own nationals. Any definition as to which persons are family members should draw inspiration from Articles 2 and 3 of the Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. Member States may not be in a position to deliver all types of consular protection to third country family members, notably emergency travel documents are not being issued. In accordance with Article 24 of the Charter, the best interests of the child, as provided for in the United Nations Convention on the Rights of the Child of 20 November 1989, should be a primary consideration. (9)  In accordance with the right to respect for private and family life as recognised in Article 7 of the Charter of Fundamental Rights of the European Union, the assisting Member State should provide protection to third country family members of citizens of the Union, as defined in Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States, under the same conditions as to third- country family members of its own nationals, taking into account the fact that Member States may not be in a position to deliver all types of consular protection to third country family members, such as emergency travel documents. However, Member States should take all action in their power to secure the integrity of the citizen's family. In accordance with Article 24 of the Charter, the best interests of the child, as provided for in the United Nations Convention on the Rights of the Child of 20 November 1989, should be a primary consideration. Amendment 7 Proposal for a directive Recital 9 a (new) (9a)  The assisting Member State should consider providing protection to recognised refugees and stateless persons and other persons who do not hold the nationality of any Member State but who reside in one of the Member States and are holders of a travel document issued by that Member State, taking into account their particular situation. Amendment 8 Proposal for a directive Recital 10 (10)  Unrepresented citizens should be able to freely choose the embassy or consulate from which they seek consular protection. Member States should be able to enter arrangements on burden-sharing. However such arrangements should be transparent for the citizen and should not jeopardize effective consular protection. Any such arrangement should be notified to the Commission and published on its dedicated website. (10)  Unrepresented citizens should be able to freely choose the embassy, consulate or, where appropriate, the Union delegation from which they seek consular protection. Member States should be able to enter arrangements on burden-sharing. Such arrangements should be fairly distributed and take into account the capacities of each Member State. However such arrangements should be transparent for the citizen and should not jeopardize effective consular protection. Any such arrangement should be notified to the Commission and published on its dedicated website and on relevant websites of the Member States and of the Council. Amendment 9 Proposal for a directive Recital 12 (12)  Protection should be provided if applicants establish that they are citizens of the Union. Unrepresented citizens in need of consular protection may no longer be in possession of their identity documents. The fundamental status of citizenship of the Union is conferred directly by Union law and identity documents are of merely declaratory value. If applicants are unable to provide identity documents, they should therefore be able to prove their identity by any other means, if necessary following verification with the authorities of the Member State of which the applicant claims to be a national. (12)  Protection should be provided if applicants establish that they are citizens of the Union. Unrepresented citizens in need of consular protection may no longer be in possession of their identity documents. The fundamental status of citizenship of the Union is conferred directly by Union law and identity documents are of merely declaratory value. If applicants are unable to provide identity documents, they should therefore be able to prove their identity by any other means, if necessary following verification with the authorities of the Member State of which the applicant claims to be a national. The assisting embassy or consulate should provide unrepresented citizens with the necessary means for verifying their identity. Amendment 10 Proposal for a directive Recital 14 (14)  In order to clarify which coordination and cooperation measures are necessary the ambit of cooperation and coordination should be specified. Consular protection for unrepresented citizens includes assistance in a number of typical situations, such as in case of arrest or detention, serious accident or serious illness and death, as well as with regard to providing relief and repatriation in case of distress and the issuance of emergency documents. Since the necessary protection always depends on the factual situation, consular protection should not be limited to those situations specifically mentioned in this Directive. (14)  In order to clarify which coordination and cooperation measures are necessary the ambit of cooperation and coordination should be specified. Consular protection for unrepresented citizens includes assistance in a number of typical situations, such as in case of arrest or detention, serious accident or serious illness and death, as well as with regard to providing relief and repatriation in case of distress and the issuance of emergency documents, and in crisis situations. Since the necessary protection always depends on the factual situation, consular protection should not be limited to those situations specifically mentioned in this Directive. Amendment 11 Proposal for a directive Recital 14 a (new) (14a)  When providing consular protection in cases of arrest or detention, special situations should be taken into account, in particular when victims of trafficking in human beings are arrested or detained for committing crimes as a direct consequence of being trafficked. Unrepresented citizens could be in a more vulnerable situation given the fact that they do not have a direct representation. Amendment 12 Proposal for a directive Recital 15 (15)  A prerequisite for effective coordination and cooperation between Member States' consular authorities is to establish the different types of assistance which are delivered in specific situations. Those types of assistance should reflect the common practises among Member States, without prejudice to Article 23 of the Treaty on the Functioning of the European Union which imposes an obligation on Member States to provide protection under the same conditions as to their nationals. (15)  A prerequisite for effective coordination and cooperation between Member States' consular authorities is to establish the different types of assistance which are delivered in specific situations. Those types of assistance should reflect the common practices among Member States, without prejudice to Article 23 of the Treaty on the Functioning of the European Union which imposes an obligation on Member States to provide protection under the same conditions as to their nationals. It should be ensured that language barriers are overcome and unrepresented citizens are provided with interpretation or other necessary assistance. Amendment 13 Proposal for a directive Recital 18 a (new) (18a)  The Member States should consider establishing a ‘trust fund’ for consular protection, from which the embassy or consulate of the assisting Member State could advance its expenses for assisting an unrepresented citizen and into which the Member States of the assisted unrepresented citizen should reimburse the financial advance. The Commission, acting in cooperation with the Member States, should establish clear rules defining the division of financial burdens for the proper functioning of such a fund. Amendment 14 Proposal for a directive Recital 20 (20)  Regarding coordination on the ground and in crisis situations, competences and respective roles should be clarified in order to ensure that unrepresented citizens are fully taken care of. Local consular cooperation should pay due attention to unrepresented citizens, for example by collecting relevant contact details of the nearest regional embassies and consulates of Member States. (20)  Regarding coordination in crisis situations, competences and respective roles should be clarified in order to ensure that unrepresented citizens are fully taken care of. In crisis situations, the Union delegations should ensure the necessary coordination among Member States. To be able to fulfil that role, the European External Action Service (EEAS) should be provided with the necessary financial means, including for the training of Member States' consular staff. Amendment 15 Proposal for a directive Recital 21 (21)  In the event of crisis adequate preparation and a clear division of responsibilities are essential. Crisis contingency planning should therefore fully include unrepresented citizens and national contingency plans should be coordinated. The concept of the Lead State should be further developed in that context. (21)  In the event of crisis adequate preparation and a clear division of responsibilities are essential. Crisis contingency planning should therefore fully include unrepresented citizens and national contingency plans should be coordinated by the EEAS. Amendment 16 Proposal for a directive Recital 22 a (new) (22a)  The EEAS should organise training for consular staff in order to facilitate assistance to citizens, including unrepresented citizens as a part of preparation for crisis situations. Amendment 17 Proposal for a directive Recital 22 b (new) (22b)  Training courses should be organised for consular staff in order to improve cooperation and increase their knowledge of citizens' rights under the Treaties and this Directive. Amendment 18 Proposal for a directive Recital 23 (23)  In third countries the Union is represented by the Union delegations, which together with the diplomatic and consular missions of the Member States contribute to the implementation of the right of citizens of the Union regarding consular protection as specified further in Article 35 of the Treaty on European Union. In line with the Vienna Convention on consular relations Member States may provide consular protection on behalf of another Member State unless the third country concerned objects. Member States should undertake the necessary measures in relation to third countries to ensure that consular protection on behalf of other Member States can be provided. (23)  In third countries the Union is represented by the Union delegations, which together with the diplomatic and consular missions of the Member States contribute to the implementation of the right of citizens of the Union regarding consular protection as specified further in Article 35 of the Treaty on European Union. The Union delegations should ensure the necessary coordination among Member States and may be entrusted with consular tasks wherever relevant. The EEAS should be provided with the necessary financial means in order to be able to fulfil that role. Amendment 19 Proposal for a directive Recital 25 (25)  This Directive should not affect more favourable national provisions in so far as they are compatible with this Directive. (25)  This Directive should not affect more favourable national provisions in so far as they are compatible with this Directive. This Directive should not impose any obligations on the Member States to provide unrepresented citizens with those types of assistance which are not provided to their own nationals. Amendment 20 Proposal for a directive Recital 25 a (new) (25a)  This Directive should not affect the obligation and/or right of unrepresented Member States to assist their citizens directly where necessary and/or desirable. Unrepresented Member States should give continuous support to Member States which are providing consular assistance to the citizens of the former. Amendment 21 Proposal for a directive Recital 25 b (new) (25b)  In order to ensure the swift and efficient functioning of this Directive, 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 any amendment to the Annexes. 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 the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council. Amendment 22 Proposal for a directive Recital 27 (27)  In accordance with the prohibition of discrimination contained in the Charter, Member States should implement this Directive without discrimination between the beneficiaries of this Directive on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or beliefs, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. (27)  In accordance with the prohibition of discrimination contained in the Charter, in particular in Article 21, Member States, Union delegations and, where relevant, the EEAS should always implement this Directive without discrimination between the beneficiaries of this Directive on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or beliefs, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Amendment 23 Proposal for a directive Recital 27 a (new) (27a)  Member States should encourage their own nationals to register themselves on the websites of their Ministries for Foreign Affairs before visiting third countries in order to facilitate their assistance in cases of need, in particular in crisis situations. Amendment 24 Proposal for a directive Recital 27 b (new) (27b)  Commission should consider establishing a 24/7 hotline in order to make information easily accessible for those citizens seeking consular protection in cases of emergency. Amendment 25 Proposal for a directive Article 1 This Directive lays down the cooperation and coordination measures necessary to facilitate the exercise of the right of citizens of the Union, in the territory of a third country in which the Member State of which they are nationals is not represented, to protection by the diplomatic or consular authorities of another Member State on the same conditions as the nationals of that Member State. This Directive lays down the cooperation and coordination measures necessary to facilitate the protection of citizens of the Union, in the territory of a third country in which the Member State of which they are nationals is not represented, by the diplomatic or consular authorities of another Member State on the same conditions as the nationals of that Member State. Where relevant, Union delegations may also be entrusted with consular tasks for unrepresented citizens. Amendment 26 Proposal for a directive Article 2 – paragraph 1 1.  Every citizen holding the nationality of a Member State of the Union which is not represented by a diplomatic or consular authority in a third country, hereafter ‘unrepresented citizen’, shall be entitled to protection by the diplomatic or consular authorities of another Member State under the same conditions as its nationals. 1.  Every citizen holding the nationality of a Member State of the Union which is not represented by a diplomatic or consular authority in a third country, hereafter ‘unrepresented citizen’, shall be protected by the diplomatic or consular authorities of another Member State under the same conditions as its nationals and by the Union delegation. Amendment 27 Proposal for a directive Article 2 – paragraph 3 3.  Family members of unrepresented citizens who themselves are not citizens of the Union are entitled to consular protection under the same conditions as the family members of nationals of the assisting Member State who themselves are not nationals. 3.  Family members of unrepresented citizens who themselves are not citizens of the Union are entitled to consular protection under the same conditions as the family members of nationals of the Member State of origin, or to consular protection by a Union delegation. Amendment 28 Proposal for a directive Article 3 – paragraph 3 3.  Honorary consuls shall be regarded as equivalent to accessible embassies or consulates within the scope of their competences pursuant to national law and practices. 3.  Honorary consuls shall be regarded as equivalent to accessible embassies or consulates to the extent that they have the relevant competences pursuant to national law and practices. Amendment 29 Proposal for a directive Article 4 – paragraph 1 1.  Unrepresented citizens may choose the Member State embassy or consulate from which they seek consular protection. 1.  Unrepresented citizens may choose the Member State embassy or consulate from which they seek consular protection. They may also seek assistance from the Union delegation wherever necessary and relevant. Member States shall make available, on the websites of their Ministries for foreign affairs, information on their citizens' right to seek, in a third country in which those Member States are not represented, consular protection, in accordance with this Directive, from the diplomatic or consular authorities of another Member State, and on the conditions of the exercise of that right. Amendment 30 Proposal for a directive Article 4 – paragraph 2 2.  A Member State may represent another Member State on a permanent basis and Member States' embassies or consulates in a third country may conclude arrangements on burden-sharing, provided that effective treatment of applications is ensured. Member States shall inform the European Commission of any such arrangement in view of publication on its dedicated internet site. 2.  In order to provide unrepresented citizens with consular protection and ensure the effective treatment of applications, Member States' representations and where relevant, the Union delegation may conclude local arrangements on burden sharing and the exchange of information. After notification to local authorities, such local arrangements shall be reported to the Commission and to the EEAS and published on the Commission's website and on the relevant websites of the Member States concerned. Those arrangements shall fully respect the provisions of this Directive. Amendment 31 Proposal for a directive Article 5 – paragraph 2 2.  If the citizen of the Union is unable to produce a valid passport or identity card, nationality may be proven by any other means, if necessary following verification with the diplomatic and consular authorities of the Member State of which the applicant claims to be a national. 2.  If the citizen of the Union is unable to produce a valid passport or identity card, nationality may be proven by any other means, if necessary following verification with the diplomatic and consular authorities of the Member State of which the applicant claims to be a national. The assisting embassy or consulate shall provide unrepresented citizens with the necessary means for verifying their identity. Amendment 32 Proposal for a directive Chapter 1 a and Article 5 a (new) CHAPTER 1a Local consular protection cooperation and coordination Article 5a General principle Member States' diplomatic and consular authorities shall closely cooperate and coordinate among each other and with the Union to ensure protection of unrepresented citizens under the same conditions as for nationals. The Union delegations shall facilitate cooperation and coordination among the Member States and between Member States and the Union to ensure the protection of unrepresented citizens under the same conditions as for nationals. When a consulate or embassy or, where relevant, the Union delegation assists an unrepresented citizen, the regionally responsible nearest consulate or embassy or the Ministry of Foreign Affairs of the citizen's Member State of nationality, as well as the Union delegation, shall be contacted and shall cooperate in order to define the measures to be taken. Member States shall notify the relevant contact persons in the Ministries of Foreign Affairs to the EEAS which shall continuously update them in its secure internet site. (Article 7 of the Commission's proposal becomes obsolete.) Amendment 33 Proposal for a directive Article 6 – paragraph 2 – introductory part 2.  The consular protection referred to in paragraph 1 shall include assistance in the following situations 2.  The consular protection referred to in paragraph 1 shall include assistance in the following situations in particular: Amendment 34 Proposal for a directive Article 6 – paragraph 2 – point b (b) being victim of crime; (b) being victim of crime or in danger of being victim of crime; Amendment 35 Proposal for a directive Article 6 – paragraph 2 – subparagraph 1 a (new) This consular protection shall also extend to all other situations where the represented Member State would habitually provide assistance to its own citizens. Amendment 36 Proposal for a directive Article 8 – paragraph 1 1.  Where an unrepresented citizen is arrested or detained Member States' embassies or consulates, subject to Article 6(1), shall in particular: 1.  Where an unrepresented citizen is arrested or otherwise detained Member States' embassies or consulates, subject to Article 6(1), shall in particular: (a) assist in informing the citizen's family members or other related persons at the citizen's request; (a) assist in informing the citizen's family members or other related persons at the citizen's request; (b) visit the citizen and monitor minimum standards of treatment in prison; (b) visit the citizen and ensure that minimum standards of detention conditions are granted; (c) provide the citizen with information on the rights of the detained. (c) provide the citizen with information on his/her rights; (ca) make sure that the citizen has access to proper legal advice. Amendment 37 Proposal for a directive Article 8 – paragraph 3 3.  The embassy or consulate shall report to the citizen's Member State of nationality following any of its visits of the citizen and upon monitoring of minimum standards of treatment in prison. It shall immediately inform the citizen's Member State of nationality about any complaints of ill-treatment. 3.  The embassy or consulate shall report to the citizen's Member State of nationality following any of its visits of the citizen and upon monitoring of minimum standards of detention conditions. It shall immediately inform the citizen's Member State of nationality about any complaints of ill-treatment and about the action taken in order to prevent such ill-treatment and ensure that minimum standards of detention conditions are granted. Amendment 38 Proposal for a directive Article 8 – paragraph 4 4.  The embassy or consulate shall inform the citizen's Member State of nationality about information provided by it to the citizen about his or her rights. It shall act as an intermediary, including as to assistance with drafting petitions for pardons or early releases and where the citizen wishes to apply for a transfer. If necessary it shall act as an intermediary for any legal fees deposited via the diplomatic or consular authorities of the citizen's Member State of nationality. 4.  The embassy or consulate shall inform the citizen's Member State of nationality about information provided by it to the citizen about his or her rights. It shall act as an intermediary, including as to ensure that the citizen has access to proper legal advice and to assistance including with drafting petitions for pardons or early releases and where the citizen wishes to apply for a transfer. If necessary it shall act as an intermediary for any legal fees deposited via the diplomatic or consular authorities of the citizen's Member State of nationality. Amendment 39 Proposal for a directive Article 9 – paragraph 1 1.  Where an unrepresented citizen is the victim of a crime Member States' embassies or consulates, subject to Article 6(1), shall in particular: 1.  Where an unrepresented citizen is the victim of a crime or in danger of being victim of a crime Member States' embassies or consulates, subject to Article 6(1), shall in particular: (a) assist in informing the citizen's family members or other related persons, if the citizen so wishes; (a) assist in informing the citizen's family members or other related persons, if the citizen so wishes; (b) provide the citizen with information and/or assistance regarding relevant legal issues and health care. (b) provide the citizen with information and/or assistance regarding health care; (ba) provide the citizen with information on his/her rights and with access to proper legal assistance and counselling. Amendment 40 Proposal for a directive Article 9 – paragraph 2 2.  The embassy or consulate shall inform the citizen's Member State of nationality about the incident, its seriousness and the assistance given and shall liaise with the citizen's family members or other related persons if the citizen, where possible, has given his or her consent. 2.  The embassy or consulate shall inform the citizen's Member State of nationality about the incident, its seriousness and the assistance given. That Member State shall liaise with the citizen's family members or other related persons unless the citizen has refused to give consent. Amendment 41 Proposal for a directive Article 10 – paragraph 2 2.  The embassy or consulate shall inform the citizen's Member State of nationality about the incident, its seriousness and the assistance given and if appropriate liaise with the victim's family members or other related persons. It shall inform the citizen's Member State of nationality if there is a need for medical evacuation. Any medical evacuation shall be subject to prior consent of the citizen's Member State of nationality except in cases of extreme urgency. 2.  The embassy or consulate shall inform the citizen's Member State of nationality about the incident, its seriousness and the assistance given. That Member State shall liaise with the victim's family members or other related persons unless the citizen has refused to give consent. It shall inform the citizen's Member State of nationality if there is a need for medical evacuation. Any medical evacuation shall be subject to prior consent of the citizen's Member State of nationality except in cases of extreme urgency. Amendment 42 Proposal for a directive Article 11 a (new) Article 11a Local cooperation Local cooperation meetings shall include a regular exchange of information relating to unrepresented citizens on matters such as the safety of citizens, detention conditions or consular access. Unless otherwise agreed centrally by the Ministries for Foreign Affairs, the Chair shall be a representative of a Member State or the Union delegation decided locally. The Chair shall collect and regularly update contact details, in particular regarding the contact points of unrepresented Member States, and share them with the local embassies and consulates and the Union delegation. Amendment 43 Proposal for a directive Chapter 3 and Article 12 CHAPTER 3 deleted Financial procedures Article 12 General rules Where an unrepresented citizen requests assistance in the form of financial advance or repatriation, subject to Article 6 (1), the following procedure shall apply: (a) the unrepresented citizen shall undertake to repay to his or her Member State of nationality the full value of any financial advance or cost incurred, plus a consular fee if applicable, using the standard form set out in Annex 1; (b) if required by the assisting embassy or consulate, the citizen's Member State of nationality shall without delay provide the necessary information concerning the request, specifying whether any consular fee may be applicable; (c) the assisting embassy or consulate shall inform the citizen's Member State of nationality about any request for financial advance or repatriation which it processed; (d) on written request from the assisting embassy or consulate in the format set out in Annex I, the citizen's Member State of nationality shall reimburse the full value of any financial advance or cost incurred. Amendment 44 Proposal for a directive Article 13 Article 13 deleted Facilitated procedure in crisis situations 1.  In crisis situations the assisting embassy or consulate shall coordinate any evacuation or other necessary support provided for an unrepresented citizen with the citizen's Member State of nationality. The assisting Member State shall submit any requests for reimbursement of the costs of such evacuation or support to the Ministry of Foreign Affairs of the citizen's Member State of nationality. The assisting Member State may seek reimbursement even if the unrepresented citizen has not signed an undertaking to repay pursuant to Article 12 (a). This paragraph shall not prevent the citizen's Member State of nationality from pursuing repayment on the basis of national rules. 2.  In major crises, the costs of evacuation or support shall be reimbursed by the citizen's Member State of nationality on a pro-rata basis, by dividing the overall costs by the number of citizens assisted, if the assisting Member State so requests. 3.  Where costs cannot be calculated, the assisting Member State may request reimbursement on the basis of fixed sums corresponding to the type of support provided, as set out in Annex 2. 4.  Where the assisting Member State was financially supported in respect of assistance by the EU Civil Protection Mechanism, any contribution from the citizen's Member State of nationality shall be determined after deduction of the Union's contribution. 5.  For requests for reimbursement the common formats set out in Annex 2 shall be used. Amendment 45 Proposal for a directive Chapter 4 – title Local and crisis cooperation and coordination Crisis cooperation and coordination Amendment 46 Proposal for a directive Article 14 Article 14 deleted Local cooperation Local cooperation meetings shall include a regular exchange of information on unrepresented citizens, on matters such as safety of citizens, prison conditions or consular access. Unless otherwise agreed by the Ministries of Foreign Affairs centrally, the Chair shall be a representative of a Member State or the Union delegation decided locally. The Chair shall collect and regularly update contact details, in particular regarding the contact points of unrepresented Member States, and share them with the local embassies and consulates and the Union delegation. Amendment 47 Proposal for a directive Article 15 – paragraph 1 1.  To ensure comprehensive preparedness local contingency planning shall include unrepresented citizens. Member States represented in a third country shall coordinate the contingency plans among themselves and with the Union delegation. They shall agree on respective tasks to ensure that unrepresented citizens are fully assisted in case of crisis, appoint representatives for assembly points and inform unrepresented citizens on crisis preparedness arrangements under the same conditions as nationals. 1.  Union delegations shall coordinate contingency planning among Member States in order to ensure comprehensive preparedness, including the division of tasks to ensure that unrepresented citizens are fully assisted in case of crisis, the appointment of representatives for assembly points and the provision of information to unrepresented citizens on crisis preparedness arrangements under the same conditions as nationals. Amendment 48 Proposal for a directive Article 15 – paragraph 2 2.  In the event of a crisis Member States and the Union shall closely cooperate to ensure efficient assistance of unrepresented citizens. Member States and the Union shall inform each other about available evacuation capacities in a timely manner. Upon request Member States may be supported by existing intervention teams at Union level including consular experts, in particular from the unrepresented Member States. 2.  In the event of a crisis Member States and the EEAS shall closely cooperate to ensure efficient assistance of unrepresented citizens. The Union delegation shall coordinate the exchange of information about available evacuation capacities in a timely manner, coordinate the evacuation itself and provide the necessary assistance for evacuation, with possible support from existing intervention teams at Union level including consular experts, in particular from the unrepresented Member States. Amendment 49 Proposal for a directive Article 16 – Title Lead State Coordination in preparation for and in the event of crises Amendment 50 Proposal for a directive Article 16 – paragraph 1 1.   For the purpose of this directive the Lead State(s) is (are) one or more Member State(s) in a given third country, in charge of coordinating and leading assistance regarding the preparation for and in case of crisis, which includes a specific role for unrepresented citizens. 1.   The Union delegations shall be in charge of coordinating and providing assistance regarding the preparation for and in case of crisis, which includes a specific role for unrepresented citizens. Amendment 51 Proposal for a directive Article 16 – paragraph 2 2.  A Member State is designated as Lead State in a given third country, if it notified its intention through the existing secure communication network; unless another Member State objects within 30 days or the proposed Lead State renounces the task through the secure communication network. If more than one Member State wish to assume jointly the task of Lead State they shall jointly notify their intention through the secure communication network. In the event of crisis one or more Member States may assume this task immediately and shall undertake notification within 24 hours. Member States may decline the offer, but their nationals and other potential beneficiaries remain, in accordance with Article 6(1), eligible to assistance from the Lead State. If there is no Lead State, Member States represented on the ground shall agree on which Member State will coordinate assistance for unrepresented citizens. deleted Amendment 52 Proposal for a directive Article 16 – paragraph 3 3.  To prepare for crises the Lead State(s) shall ensure that unrepresented citizens are duly included in embassies and consulates' contingency planning, that contingency plans are compatible and that embassies and consulates as well as Union delegations are duly informed about these arrangements. 3.  To prepare for crises the Union delegation shall ensure that unrepresented citizens are duly included in embassies and consulates' contingency planning, that contingency plans are compatible and that embassies and consulates are duly informed about these arrangements. Amendment 53 Proposal for a directive Article 16 – paragraph 4 4.  In the event of crisis the Lead State(s) or the Member State coordinating assistance shall be in charge of coordination and leading assistance and assembly operations for unrepresented citizens, and if necessary ensure evacuation to a place of safety with the support of the other Member States concerned. It shall also provide a point of contact for unrepresented Member States, through which they can receive information about their citizens and coordinate necessary assistance. The Lead State(s) or, the Member State coordinating assistance for unrepresented citizens may seek, if appropriate, support from instruments such as the EU Civil Protection Mechanism and the crisis management structures of the European External Action Service. Member States shall provide the Lead State(s) or the Member State coordinating assistance with all the relevant information regarding their unrepresented citizens present in a crisis situation. 4.  In the event of crisis the Union delegation shall be in charge of coordination and leading assistance and assembly operations for unrepresented citizens, and coordinate evacuation to a place of safety with the support of the Member States concerned. It shall also provide a point of contact for unrepresented Member States, through which they can receive information about their citizens and coordinate necessary assistance. The Union delegation and the Member States concerned may seek, if appropriate, support from instruments such as the EU Civil Protection Mechanism and the crisis management structures of the European External Action Service. Member States shall provide the Union delegation with all the relevant information regarding their unrepresented citizens present in a crisis situation. Amendment 54 Proposal for a directive Chapter 4 a (new) CHAPTER 4a Financial procedures Amendment 55 Proposal for a directive Article 16 a (new) Article 16a General rules Where an unrepresented citizen requests assistance in the form of a financial advance or repatriation, subject to Article 6(1), the following procedure shall apply: (a) the unrepresented citizen shall undertake to repay to his or her Member State of nationality the full value of any financial advance or costs incurred, plus a consular fee if applicable, using the standard form set out in Annex 1; (b) if required by the assisting embassy or consulate, the citizen's Member State of nationality shall without delay provide the necessary information concerning the request, specifying whether any consular fee may be applicable; (c) the assisting embassy or consulate shall inform the citizen's Member State of nationality about any request for a financial advance or repatriation which it processed; (d) on written request from the assisting embassy or consulate in the format set out in Annex 1, the citizen's Member State of nationality shall reimburse the full value of any financial advance or costs incurred. Amendment 56 Proposal for a directive Article 16 b (new) Article 16b Facilitated procedure in crisis situations 1.  In crisis situations the Union delegation shall coordinate any evacuation or other necessary support provided for an unrepresented citizen with the citizen's Member State of nationality. 2.  The EEAS shall have the necessary financial means for coordinating and providing assistance regarding preparation for and in crisis situations. Amendment 57 Proposal for a directive Article 18 a (new) Article 18a Amendments to the annexes The Commission shall be empowered to adopt delegated acts in accordance with Article 18b concerning any amendment to the Annexes. Amendment 58 Proposal for a directive Article 18 b (new) Article 18b Exercise of 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 18a shall be conferred for an indeterminate period of time from ...*. 3.  The delegation of powers referred to in Article 18a may be revoked at any time by the European Parliament or by the Council. A decision to revoke 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 18a 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. * Date of entry into force of this Directive.

European Parliament resolution of 25 October 2012 on the 20 main concerns of European citizens and business with the functioning of the Single Market (2012/2044(INI))

P7_TA(2012)0395 A7-0310/2012

The European Parliament,

–  having regard to the Commission working document entitled ‘Single Market through the lens of the people: a snapshot of citizens’ and businesses’ 20 main concerns’ (SEC(2011)1003),

–  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 entitled ‘Towards a Single Market Act - For a highly competitive social market economy: 50 proposals for improving our work, business and exchanges with one another’ (COM(2010)0608),

–  having regard to the Commission communication entitled ‘Europe 2020 - A strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

–  having regard to the Commission communication entitled ‘A single market for 21st century Europe’ (COM(2007)0724) and the accompanying Commission staff working document entitled ’The single market: review of achievements’ (SEC(2007)1521),

–  having regard to its resolution of 4 September 2007 on the single market review(1) and the Commission staff working document entitled ‘The single market review: one year on’ (SEC(2008)3064),

–  having regard to the Commission communication entitled ‘Smart Regulation in the European Union’ (COM(2010)0543),

–  having regard to the Commission’s 27th annual report on monitoring the application of European Union law (2009) (COM(2010)0538) and the accompanying Commission staff working document entitled ‘Situation in the different sectors’ (SEC(2010)1143),

–  having regard to the Commission communication entitled ‘A Europe of Results – Applying Community Law’ (COM(2007)0502),

–  having regard to the Commission recommendation of 29 June 2009 measures to improve the functioning of the single market(2),

–  having regard to the Council conclusions of 10 December 2010 on the Single Market Act,

–  having regard to Professor Mario Monti’s report to the Commission on revitalising the single market,

–  having regard to its resolution of 20 May 2010 on delivering a single market to consumers and citizens(3),

–  having regard to the Internal Market Scoreboard No 21 (2010) and to its resolutions of 9 March 2010(4) and 23 September 2008(5) on the Internal Market Scoreboard,

–  having regard to Articles 258 to 260 of the Treaty on the Functioning of the European Union (TFEU),

–  having regard to Articles 7, 10 and 15 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 the Internal Market and Consumer Protection and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on Industry, Research and Energy, the Committee on Transport and Tourism, the Committee on Legal Affairs and the Committee on Petitions (A7-0310/2012),

A.  whereas the document ‘The Single Market through the lens of the people: a snapshot of citizens’ and businesses’ 20 main concerns’ confirms that there is a gap between the expectations and the reality of the single market;

B.  whereas there are still too many obstacles preventing Europeans from taking full advantage of the existence of the single market, thus hindering the development of a sense of belonging to the same community; whereas there is an urgent need to resolve these difficulties in order to allow Europeans to benefit fully from their right to freedom of movement and the advantages resulting from membership of the European Union;

C.  whereas, in the context of the economic, financial and social crisis currently affecting Europe, it is essential to abolish obstacles and relaunch the single market, and thus contribute to innovation, growth, the promotion of competitiveness, job creation and increased market confidence,whereas deepening the single market will benefit all European citizens, thereby contributing to the territorial, economic and social cohesion of the Union;

D.  whereas the single market constitutes a key element in realising the objectives of the Europe 2020 strategy, and in achieving the objectives of intelligent, sustainable and inclusive growth,whereas the new paradigm for political thought on relaunching the single market should focus on the citizens, on consumers and, in particular, on SMEs;

E.  whereas European citizens have found banks imposing a range of impediments and complex and discriminatory demands when they want to open a bank account, with the result that 30 million European citizens have no bank account and mobility is thus impeded; whereas according to Eurobarometer data 29 % of consumers surveyed find it difficult to compare the different offers with respect to current accounts and are thus unable to choose the account most appropriate to their requirements;

F.  whereas some 30 % of European citizens are unaware that they have the right to crossborder healthcare and to be reimbursed for it; whereas only one in three European citizens knows that they a European health insurance card is needed when travelling abroad and that this card is indispensable for short-term stays, such as holidays, business trips or periods studying in another country;

G.  whereas the free movement of goods is a cornerstone of the EU, and the Union has introduced a uniform type-approval system and harmonised registration certificates for motor vehicles; whereas, therefore, buying a car in or transferring a car to another Member State has become much easier; whereas European citizens who move to other Member States and intend to take their car with them are faced with onerous and complex procedures, requiring documentation that does not exist in their own Member State and payment of additional taxes; whereas European citizens intending to purchase a car in another Member State experience similar difficulties, whereas Parliament receives numerous complaints from citizens faced with cumbersome formalities, very often relating to the re-registration of their vehicles in another Member State and the associated additional costs; whereas at the same time the Union and the Member States need to ensure that the re-registration of stolen vehicles with falsified registration certificates does not occur;

H.  whereas the EU rules on passengers’ rights provide a minimum level of protection for citizens and thus facilitate mobility and social integration; whereas they help create a level playing field for transport operators within as well as across modes; whereas the EU legal framework protecting passengers’ rights needs to guarantee a minimum standard of consumer protection that is able to withstand evolving commercial practices such as add-on charges, as well as covering cases of bankruptcy or insolvency of airlines; whereas the Union needs to react to new multimodal mobility patterns;

I.  whereas the elimination of regulatory and physical barriers to the creation of a European Single Railway area, particularly in the case of freight, would help boost growth within the Single Market;

J.  whereas 62 % of European consumers would like to change energy supplier and switch to a cheaper tariff, but their freedom of choice is limited by the lack of clear and comparable information and the obstacles to ending their existing energy supply contracts; whereas such a change would represent a saving of EUR 100 per customer, or EUR 13 billion across Europe;

K.  whereas the deepening of the Single Market in the mobile telecommunications field, particularly regarding roaming, would be greatly welcomed by European citizens;

L.  whereas 26 % of European consumers surveyed have experienced problems with internet services provision; whereas the process of switching from one internet service provider to another is complicated and expensive, and consumers frequently experience poor quality of service and uneven enforcement of national rules;

M.  whereas lack of information on consumer rights, incorrect application of legislation and difficulty in resolving disputes over crossborder purchases have led to consumer distrust of on-line purchases, preventing the EU from having a genuine digital market at the service of citizens and businesses;.whereas figures from the European Consumer Centres (ECCs) show that online purchases are responsible for the majority (59 %) of complaints made by consumers;

N.  whereas businesses continue to face problems accessing public procurement contracts in other Member States, both as contractors and as subcontractors, due in particular to differing national practices in public procurement and to the complex administrative requirements existing in some Member States, as well as to language barriers;

O.  whereas improving the access of SMEs to funding is of major importance in the current economic climate, both for the survival and development of the enterprises themselves and for strengthening entrepreneurship and development in Europe generally,

P.  whereas special attention must be paid to people with disabilities so that they can make the most of the single market, taking action to ensure that new electronic content is also fully available to disabled people, in accordance with the international Web Content Accessibility Guidelines(6) and with the UN Convention on the Rights of Persons with Disabilities, which set out accessibility obligations;(7)

I.Introduction

1.  Welcomes the Commission’s presentation of the working document entitled ‘The Single Market through the lens of the people: a snapshot of citizens’ and businesses’ 20 main concerns’, which followed the EP resolution of 20 May 2010 on a single market at the service of consumers and citizens;

2.  Congratulates the Commission on this significant initiative in response to the difficulties and concerns faced by citizens and businesses in exercising the rights conferred on them by the EU; considers, however, that the working document could have gone into more depth;

3.  Is convinced that the completion of the internal market is necessary for the economic and social wellbeing of the citizens of the EU; calls on the Commission to present concrete actions and feasible proposals to resolve the issues identified as the 20 main concerns of the citizens;

4.  Believes that, in this time of severe financial crisis, the EU needs to step up its efforts to eliminate barriers to the smooth functioning of the single market, in particular in sectors which can act as motors for sustainable growth, such as crossborder business and entrepreneurial activities, service provision, mobility, access to finance and financial literacy;

5.  Recognises that increased mobility of qualified labour can contribute to making Europe more competitive; believes that to this end it is necessary to adopt a modern framework for the recognition of professional qualifications, by making use of the Internal Market Information System (IMI) alert mechanism;

6.  Welcomes the introduction of a European Professional Card supported by the Internal Market Information System, in the context of which the criteria for such a card are now being evaluated with the aim of facilitating administrative procedures and voluntary crossborder mobility within the EU; believes, moreover, that the IMI will be able to achieve faster cooperation between Member State of origin and host state, thus helping address the persisting mismatches in the EU labour market;

7.  Stresses that the mobility of workers in different Member States must be a voluntary act and must always go hand in hand with full respect for labour rights;

8.  Expresses its concern over the fraudulent employment agencies which engage in the exploitation of labour throughout the EU, thus undermining the proper functioning of the free movement of workers, and calls on the Commission and Council to draw up an action plan to address this issue, for example by closer cooperation between national labour inspectorates.

9.  Stresses the urgent need to improve citizens’ awareness with regard to taxation in the EU and to reduce tax barriers for crossborder workers and employers, in order to facilitate mobility and promote crossborder business initiatives while fighting opportunities for tax evasion and tax fraud;

10.  Emphasises, accordingly, the need for a socially justifiable fiscal policy, playing a redistributive role and geared towards growth, which will be capable of dealing with the major issues of fiscal competition, effective monitoring, taxation of offshore companies and the eradication of the tax havens currently flourishing inside the EU;

11.  Calls on the Commission to strengthen programmes that contribute to improving the entrepreneurship, internationalisation and competitiveness of European SMEs, which are the backbone of the European economy;

12.  Calls on the Commission to encourage SMEs to recruit young people and to strengthen mobility programmes that encourage the young to enhance their skills, thereby becoming more employable and able to enter the labour market;

13.  Welcomes further legislative initiatives aimed at creating a fully integrated Single Market in order to increase competition and efficiency and provide greater choice for European consumers.

14.  Stresses the role of the internet in business efficiency and the rapidly increasing role of e-commerce in creating new markets, growth and opportunities for businesses; stresses the need for to ensure fully operational ADR and ODR systems, reinforcing the confidence of consumers and businesses in the digital market; calls for the simplification of licensing systems, the creation of an efficient framework for copyright, and action to prevent product and brand piracy;

15.  Recalls that Article 194 TFEU lays down that Union policy on energy shall be driven by a spirit of solidarity between Member States; stresses that the completion of the internal market in energy should take account of the structural socioeconomic differences of the European regions and should not impose burdens on Member States;

16.  Notes that with the adoption in 2011 of legislation on passengers’ rights in the case of bus and coach transport in, the Union now has a comprehensive and integrated set of rules on basic passengers’ rights covering all modes of transport;

17.  Considers that the main goal of the EU banking sector should be to provide capital to the real economy, this being one of the preconditions for the development of a knowledge-driven single market that fosters growth, competition and jobs;

18.  Welcomes the reform of public procurement proposed by the Commission, and considers that establishing common principles at EU level, together with flexible, clear and simple rules on public procurement, would enable companies, and above all SMEs, to better exploit the opportunities offered by crossborder public procurement; emphasises that it is essential to establish an EU-wide public e-procurement system, which would ensure greater transparency and competitiveness and allow public money to be used more efficiently;

19.  Regrets the fact that the legislative proposal aimed at ensuring the full accessibility of public sector websites by 2015 has been deferred; welcomes the roadmap for digital inclusion, and calls for the implementation of the Web Accessibility Initiative (WAI) and the Web Content Accessibility Guidelines (WCAG) for e-government portals;

20.  Draws attention to the importance of developing European standards, which are absolutely necessary both for the realisation of the Single Market and for increasing the EU’s international competitiveness; calls on the Commission to ensure easier access to European standards for SMEs and micro-enterprises;

21.  Points out that differences in the regulation of e-signatures in the Member States remain a major obstacle to the proper functioning of the EU Single Market, particularly the provision of services; considers it essential to establish a single system for the recognition of e-signatures throughout the EU;

22.  Emphasises the importance for e-invoicing of ensuring legal certainty, a transparent technical environment and open and compatible solutions grounded in legal requirements, commercial operations and common technical standards, in order to facilitate the widespread adoption of this practice;

23.  Stresses that all EU citizens who do not already hold a bank account in the Member State where they have lodged a request for one should have access to basic banking services; considers, in this regard, that basic banking services facilitate access for low-income consumers to basic payment instruments for the deposit, transfer and withdrawal of cash in the single market, notably with respect to crossborder commuting; calls, therefore, on the Commission to make a legislative proposal to ensure consumer-friendly procedures for opening bank accounts across the Union;

24.  Is concerned that EU citizens who inherit, retire or transfer capital abroad are frequently faced with double taxation; calls for increased efforts to alleviate this situation; regrets that the Commission has only proposed a recommendation in the area of inheritance taxation;

25.  Reiterates its call on the Commission to assess the different rules on pension funds and the need to improve portability of pensions, in particular occupational pensions, when workers change employer and move from one Member State to another; calls, as a matter of urgency, for a revision of the Pension Funds Directive;

26.  Stresses the need for the EU institutions and the Member States to step up efforts to ensure a single market that is fairer, more operational, more competitive and more effective;

II.Governance

27.  Stresses the need to develop a holistic approach to the single market, centred on finding practical and useful solutions for citizens, consumers and SMEs so that they can fully benefit from its advantages, while at the same time not giving rise to over-regulation;

28.  Reaffirms the need to strengthen cooperation and interaction between Parliament, the Council, the Commission and the Member States, so that citizens feel more included in the main projects and day-to-day activities of the EU and so that EU action, where deemed necessary, is targeted and useful; stresses that the dialogue with civil society is essential to restore confidence in the single market;

29.  Recognises, that for the smooth functioning of the internal market it is also important to protect social rights, and recalls the recommendation made by Professor Monti in his report to the Commission that ‘the social dimension of the internal market should receive greater attention by delivering on the commitment to real ’social impact assessments‘ based on the development of more sophisticated methodologies and upgraded statistical information’.

30.  Urges the Member States to modernise public administration, simplifying the regulatory framework, and to encourage the use of electronic facilities such as e-government;

31.  Encourages the Member States to exchange best practice, so that European legislation is applied uniformly;

32.  Welcomes the Commission’s decision to refine its management database for handling cases related to the application of EU law;(8)

33.  Calls on the Commission to develop the ‘Your Europe’ portal in order to turn it into a genuine digital ’one-stop shop’ providing citizens and businesses with information about the single market; calls on the Member States to supply the national data currently lacking in the ‘Your Europe’ portal as soon as possible, to provide more links from their national government portals related to the various sections of the website, and to develop references to ’Your Europe’ from relevant local and national administration portals so as to facilitate access for citizens;

34.  Stresses the usefulness of the ‘Your Europe Advice’ facility, which allows citizens free access to personalised information; calls on the Commission and the Member States to take action with a view to significantly raising citizens’ awareness of the Europe Direct telephone facility;

35.  Welcomes the positive role played by SOLVIT, ‘Your Europe Advice’, the Enterprise Europe Network, the European Consumer Centres, the Europe Direct Contact Centre and the European Employment Service in providing information and assistance to citizens, consumers and entrepreneurs in the internal market; calls on the Commission to find ways to improve coordination between these services and avoid duplication of efforts and resources;

36.  Calls on the Commission to make every effort to deliver a single, live online point of contact for citizens and consumers, via its offices in each Member State; believes these points of contact should operate in close cooperation with the European Parliament's information offices in order to make a comprehensive ‘one-stop shop’ available to every citizen; takes the view that creating such a point of contact in each Member State would truly help make the internal market more accessible and provide a more efficient, user-friendly service which would not only give information but also communicate to people, in an easily understandable way, the concrete opportunities offered by the internal market; believes this would help prevent confusion on the part of the average citizen, the consumer and business;

37.  Calls on the Commission to analyse the involvement of local and regional authorities in the strategy for expanding the Single Market Information System;12. calls on the Member States to improve their civil services’ understanding of their obligations regarding use of the IMI, and to ensure that their employees receive appropriate training;

38.  Stresses that three shortcomings lie behind the concerns of citizens with regard to the operation of the single market, i.e. lack of information, gaps in application, and a legislative vacuum; believes that simultaneous action must be taken to eliminate these three shortcomings if the operation of the Single Market is to be optimised;

39.  Stresses the importance of SMEs to the European economy, and calls on the Commission, together with the Member States, to improve the ‘SME test’ so as to ensure that it is applied consistently and coherently across all relevant policy areas and is incorporated into the overall assessment of proposals, so as to reduce the basic obstacles, bureaucracy and administrative overheads that impede the development of SMEs in terms of contributing to a more favourable business environment that will promote entrepreneurship, innovation, investment, growth and job creation; calls on the Commission to undertake a review of all directives and regulations which impact negatively on SMEs, and to submit a report with recommendations by June 2013;

40.  Recalls the decision of Parliament calling on all its committees to apply the principles of the ‘SME test’ to legislative reports when they have been voted on by the relevant committee and are being submitted to plenary for approval, and emphasises the need for rapid implementation of this decision;

41.  Considers that close adherence to the ‘Think Small First’ principle would ensure that future legislation does not introduce further difficulties and frustrations for citizens and businesses in the Single Market;

42.  Emphasises that the Commission should step up its efforts to focus on the impact of regulations and directives on industry, SMEs and micro-enterprises with Better Regulation targets; stresses, in particular, the need for the burden reduction programme to continue beyond 2012 with a more ambitious and expanded scope, and for the introduction of regulatory burden offsetting;

43.  Calls on the Commission to strengthen its commitment to assessing whether there is real added value of action at EU level before work begins on a draft proposal;

44.  Welcomes the Commission’s announcement of a programme to eliminate cost burdens for SMEs by means of a presumption that micro-enterprises will be exempted from burdensome rules unless a case for their inclusion is explicitly made;

III.Information and communication

45.  Emphasises that there is a lack of information about the single market, which often means that citizens and enterprises do not know or do not understand their rights and obligations, and do not know how to obtain the required answers or assistance; emphasises the need to design information that takes account of the specific characteristics of vulnerable consumer groups;

46.  Emphasises that it is equally important that citizens can make known their concerns in relation to the internal market and can forward their suggestions in such a way that their voice will be more effectively heard by both the Commission and Parliament;

47.  Calls on the Commission to make use of all available technological resources in order to launch a dialogue with the citizens on the single market, by organising interactive information campaigns, prioritising the 20 main concerns, informing citizens and enterprises concerning the benefits of the Single Market, practical and concrete solutions to their day-to-day problems, and their rights, and encouraging them to participate in the creation of a competitive, fair and balanced market, while also paying special attention to strengthening the Points of Single Contact (PSCs);

48.  Welcomes the activity of the PSCs, which have the role of simplifying access to information on conducting business in the Member States, centralising in a single national point of contact all necessary formalities and administrative requirements for establishing or expanding a business across borders;

49.  Calls on the Commission and the Member States to make every effort to devise useful communication strategies and information mechanisms relating to citizens’ enjoyment of their social rights and benefits across the EU;

50.  Stresses the importance of involving local and regional authorities and organisations, jointly with civil society, in information campaigns, paying particular attention to information campaigns in schools and universities in order to involve the next generation and prepare it for a more active European citizenship;

51.  Is convinced that consumer confidence in a well-functioning financial services market promotes financial stability, growth, efficiency and innovation in the long term; emphasises, therefore, the need to ensure that consumers have better access to information and independent advice in this sector, and that conflicts of interest are avoided;

52.  Emphasises the fact that significant variations exist between energy bills, depending on the supplier, with regard to the quantity and quality of information provided to European energy consumers; stresses that it is essential to provide consumers with timely and adequate information on consumption and pricing, so that they can choose the energy supplier they wish;

53.  Encourages the establishment of a common methodology and a common, comprehensive and easy-to-use format for energy bills, with a minimum level of information that suppliers should include when billing, so that consumers can understand the content of their energy bills everywhere in the EU and thus use energy more economically and efficiently;

54.  Urges the Member States to provide NRAs with the powers and resources needed to exercise their duties, e.g. monitoring and proper customer complaint handling; asks the Commission and ACER to propose recommendations on how the NRAs' supervisory powers could be improved; calls on the Commission to promote improvements to the coordination and exchange of best practice and information among NRAs and the competent national and European authorities;

55.  Calls on the Commission, together with the Member States, to develop a digital single market that is worthy of the name and competitive and will serve European consumers and businesses, in particular SMEs;recalls that the existence of a genuine European digital single market will be of socio-economic benefit to European consumers in general, in particular the inhabitants of isolated and less accessible regions and those with any kind of disability, as well as to enterprises in the EU, in particular SMEs, which will thus be able to access new markets;

56.  Stresses that, in order for a genuine European digital single market to be created, consumer confidence and security need to be increased, by guaranteeing the protection of consumers’ personal data and the security of digital signatures, improving dispute resolution mechanisms, and enhancing confidence and security regarding the means of payment used;

57.  Recalls the need to fill the remaining gaps in the field of contract law, as well as to adopt effective instruments for clearing the obstacles that result from disparities in the rules applicable to contracts, which create barriers to trade, additional transaction costs and legal uncertainty for enterprises, thereby also causing consumers to mistrust the single market;

58.  Calls on the Commission and the Member States to take appropriate measures to ensure that all citizens are fully informed of their rights under the European Health Insurance Card (EHIC) and of the existing financial obligations as regards using health services and care in different Member States; stresses that this information must be easily accessible and understandable (including electronic availability), and must be accessible to citizens with disabilities;

59.  Calls on the Commission to ensure that all citizens entitled to the EHIC are issued with the card on request, and that any misapplication of the rules is corrected without delay; calls on Member States to provide information on any additional insurance or other action that may be necessary for citizens to be entitled to the same health care abroad as they enjoy at home;

60.  Urges the Member States to simplify and accelerate the administrative procedures for reimbursement of treatment received abroad, and to ensure that their social insurance and health insurance systems provide sufficient protection for mobile citizens;

61.  Highlights the lack of information for officials and other employees of regional and local government on the opportunities existing for European and international mobility; stresses that the European and international mobility of these officials and employees will help create more modern and efficient administrations in the Member States, a factor which is crucial to the implementation of the EU acquis, as well as enabling the exchange of best practice;

IV.Legislation/Transposition

62.  Emphasises that the success of EU law is always dependent on its application and its transposition within a reasonable time into Member States’ national legislation; considers regular, careful and effective controls to be essential in this area, and calls on the Commission to intervene in the event of deficiencies in transposition and to continue to cooperate closely with Parliament in this regard;

63.  Recognises that although the number of infringement proceedings initiated by the Commission has decreased, there were still about 2 100 such proceedings under way at the end of 2010;

64.  Notes the large number of petitions received by Parliament’s Committee on Petitions relating to the problems citizens face within the internal market, particularly as regards the incorrect transposition or implementation of EU law; calls on the Commission to incorporate in its report the findings and results of the petitions submitted to that committee; stresses that the petitions procedure needs to be better utilised in order to improve the EU’s legislative processes, particularly as regards legislative remedies to barriers to crossborder trade and enforcement of consumer rights;

65.  Calls on the Member States to prioritise the correct and timely transposition of legislation relating to the Single Market and to reduce levels of non-compliance;invites them to implement a ‘Single Market test’ within the framework of their national legislation, taking into account the impact of its standards on citizens and enterprises in the context of the internal market;

66.  Underlines that the procedures for reclaiming VAT across borders need to be made less bureaucratic and cumbersome for businesses; stresses that there should also be increased access to crossborder venture capital financing;calls on the Commission and the Member States, since legislative and implementation gaps in the single market legislation have been identified, to reinforce their efforts to effectively implement the relevant legislation, especially on issues related to social protection;

67.  Calls on the Commission to include reference to the affected area of activity and its impact on the single market when initiating infringement proceedings for incorrect transposition of, or failure to transpose, EU legislation;

68.  Urges the Commission, with regard to infringement proceedings, to make full use of the changes introduced by Article 260 TFEU;

69.  Supports the Commission’s efforts to simplify the cross-border transferability of cars, and calls on the Member States to fully implement the principles of EU law on the registration of cars in other Member States; recalls in this regard that cars (right-hand drive vehicles included) that are compliant with the relevant EU type-approval should be eligible for registration in Member States, and calls on the Commission to increase the security of harmonised registration certificates in order to minimise the risk of re-registration of stolen vehicles with falsified registration certificates;

70.  Calls on the Commission to apply zero tolerance to any discriminatory rules and practices by Member States in the field of employment which run counter to EU law, and to initiate appropriate proceedings without delay in the event of non-compliance; also calls on the Commission not to tolerate any other forms of discriminatory or unjustifiable practices, controls or requirements hampering European workers and employers in the exercise of their rights under EU law;

71.  Recalls that freedom of movement is a fundamental right which workers must be able to exercise without discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment; believes that, in order to ensure this freedom, workers should be properly informed, adequate redress mechanisms should be put in place, and all Member States should strictly implement the relevant EU rules;

72.  Calls on the Commission to carefully monitor both the transposition and the effective application of Directive 2000/78/EC in the Member States, and to intervene in the event that any deficiencies are observed; calls on the Member States and the Council to give priority to the urgent adoption of the proposal for a directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation;

73.  Emphasises the need to improve working conditions and ensure adequate protection, without any form of discrimination, for workers posted in the EU; calls for action to improve the implementation and application of the Posting of Workers Directive, in close cooperation with the social partners;welcomes the conclusions of the Single Market Forum in this regard;

74.  Recalls that the EU legislation in force protects the rights of consumers and provides a solid foundation for a competitive European energy market, but that it has not yet been transposed properly into national legislation in several Member States;

75.  Urging all Member States to fully implement the third energy package and other related EU legislation, respecting the agreed deadlines; asks the Commission to undertake vigorous monitoring of the transposition of these rules;

76.  Calls on the Commission to continue to promote best practice with regard to the transposition of legislation relating to the single market;

77.  Stresses that the coherent and harmonised implementation and enforcement of passenger protection throughout the Union is of key importance for travelling citizens, including people with reduced mobility, as well as for ensuring a level playing field for transport operators;Recognises that people with disabilities very often encounter obstacles and barriers when travelling that exclude them from many of the opportunities of the single market, and calls on the Commission to pay greater attention to this aspect in relation to passengers’ rights;

78.  Calls on the Commission and the Member States to ensure that passenger rights legislation is implemented correctly, that European citizens are aware of the rights of passengers in the EU, and, especially, that those rights are respected;

79.  Stresses the need to address the problems experienced by citizens and businesses; notes that despite the minimal evidence included in the Working Paper, many of the problem areas identified have been the subject of recent impact assessments and proposals by the Commission; strongly believes that where action is proposed the Commission must produce robust and conclusive evidence in favour of the policy option chosen in the draft legislation; calls on Parliament to give full consideration to the accuracy and persuasiveness of the impact assessments produced by the Commission when considering draft proposals, in order that adopted legislation meets the needs of citizens and businesses alike;

80.  Considers it important to exchange information and promote cooperation between national systems, and, in this context, welcomes the recently achieved interconnection of business registers(9); continues to urge crossborder cooperation on administration and improved networking through central platforms; welcomes the Commission’s initiatives to this effect, e.g. for developing a system for the electronic transmission of social security information between national social security systems;

81.  Emphasises that the crossborder enforcement and recognition of decisions and the legal effects of documents are central to mobility in the internal market; looks forward to the prompt application of the regulation on succession rights in all EU Member States; calls on the Commission to continue its work in relation to the recognition of the legal effects of civil status records, on the basis of the Green Paper of 2010(10) and the consultations of 2011 – and regards the legislative proposals planned for 2013 with interest;

82.  Notes the objective of improved legislation, and believes that the Commission, Parliament and the Council should redouble their efforts to improve the strategy for smart regulation;

83.  Endorses the commitment shown to addressing the issue of regulatory burdens; in this regard, recalls the previous commitment of Parliament to require the Commission to identify equivalent cost offsets when proposing new legislation; further recalls Parliament’s request that the programme for administrative burden reduction be extended and expanded, and therefore looks forward to proposals for reducing administrative burdens and regulatory impediments, since these would address many of the main concerns of citizens and businesses regarding the Single Market;

84.  Stresses that, despite the simplification of legislation and the reduction in the administrative burden as regards the utilisation of internal market freedoms by businesses, it is generally necessary to secure the safety and health provisions that protect consumers and employees;

85.  Invites the Commission to submit all new European regulations to an ‘e-commerce test’;

V.Suggestions

86.  Calls on the Commission to monitor the 20 main concerns of citizens and businesses in relation to the Single Market’ after two years, and to update them;also calls on it to draw up a table for each of the concerns highlighted, indicating which actors are responsible for solutions to each of the root causes identified;

87.  Calls on the Commission, in future reports, to highlight corresponding actions for which it is clearly responsible, such as taking timely and appropriate action in the event of incorrect transposition of EU legislation by Member States, ensuring adequate implementation of EU law, and reviewing inadequate legislation;

88.  Calls on the Commission to present the document ‘The new Single Market Act - Twelve levers to boost growth and strengthen confidence - ’Working together to create new growth‘’ in the second half of 2012;

89.  Encourages the Commission and the Member States to focus their information campaigns during the European Year of Citizens 2013 on the areas of those concerns that relate to rights based on EU citizenship, since these, on the basis of the selection methodology of the report, truly reflect what matters most to EU citizens in their everyday lives in the internal market;

90.  Calls on the Commission to find ways of amalgamating the EU Citizenship Report with the report entitled ‘The Single Market through the lens of the people’ in future, so as to avoid duplication and confusion and guard against the risk of decoupling problems from solutions;

91.  Calls on the Commission, together with the Member States, regional and local authorities and civil society representatives, to launch regular European information campaigns in national, regional and local media, as well as interactive campaigns, strengthening the dialogue with citizens on the benefits of the single market, citizens’ rights and responsibilities, and where to obtain information or assistance to resolve problems; calls on the Commission to monitor and control the effectiveness and success of these information campaigns;

92.  Calls on the Commission to ensure that existing tools such as SOLVIT, the Internal Market Scoreboard, Internal Market Information System, ‘Your Europe Advice’ and ’Your Europe’ are effectively interconnected so as to make it possible to monitor the proper and timely transposition of EU directives;

93.  Emphasises the need to support the EURES system and its effective interconnectedness with national work placement systems, as one of the means of combating unemployment in the EU, as also to address the phenomenon of inability to fill vacancies due to lack of candidates with relevant qualifications;

94.  Urges the Commission to undertake an evaluation of the areas in which Community regulation simultaneously achieves both the objective of simplified and direct application by Member States and the objectives of the Single Market;

95.  Calls on the Commission to promote urgent measures aimed at overcoming the imbalances in energy infrastructure existing in the Union which represent an obstacle to the completion of the internal energy market and the achievement of the Europe 2020 goals;

96.  Calls on the Member States to use ICT tools to improve transparency and accountability, reduce administrative burdens, improve administrative processes, reduce CO2 emissions, save public resources and contribute to a more participatory democracy, while at the same time strengthening the level of trust and confidence;

97.  Calls on the Commission and the Member States, while complying with Regulation (EC) No 883/2004 and Article 153 TFEU, to undertake studies to ensure the continuity of social security protection for mobile citizens in the EU and equal treatment with nationals, also taking into consideration an optional, voluntary and transferable social security system at European level, complementary to the general system, in order to set up closer cooperation on social policy; previous ideas relating to a ‘28th regime’ of social security systems should be updated and incorporated into the studies;

98.  Urges the Member States to take whatever action is necessary to simplify the complex national administrative procedures and ensure that workers, employers and other parties involved in a cross-border employment situation have access to all required information on rights and obligations related to their employment, such as social security, including unemployment protection, health care and taxation rules; considers that this information needs to be available, as far as possible in electronic form, before, during and after the mobility experience;

99.  Urges the Commission to establish a central coordination point at EU level aimed at recording the concerns of mobile workers, employers and other interested parties, in order to devise solutions between Member States and prevent problems arising from mobile employment relationships, including the posting of workers;

100.  Calls on the Member States to treat non-EU family members of EU nationals as bona fide clients throughout the administrative procedures they have to undergo;

101.  Calls on the Member States to establish a ‘one-stop shop’ for all mobile people in the EU, enabling them to handle their work- and home-related administrative matters and be informed of their rights and obligations at a single location in the host country, including the possibility of carrying out and managing administrative procedures on-line, in order to improve the effective exercise of rights by citizens moving within the EU;

102.  Calls on the Commission to ensure access to a basic payment account at a reasonable price for all European Union citizens, in order to increase mobility;

103.  Welcomes the Commission’s proposals for facilitating access to crossborder health care; urges the Commission and the Member States to ensure the swift and effective implementation of Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in crossborder health care, taking due account of the principles of universality, access to quality care, equity and solidarity; calls on the Commission and the Member States, in addition, to continue working towards the target of widespread deployment of telemedicine and e-health services by 2020; supports, furthermore, the pilot projects aimed at ensuring EU citizens secure online access to their patient data and interoperability of patient records, thus providing patients with continuity of care;

104.  Calls on the Commission to put forward a legislative proposal on the roadworthiness testing of motor vehicles, with a view to reducing the administrative burden for citizens and industry while guaranteeing the dynamic development of testing methods and test content and at the same time ensuring the highest possible level of road safety;

105.  Calls for the mutual recognition of technical controls between Member States, on a basis of common definitions and comparable test standards when a vehicle is transferred from one Member State to another;proposes the establishment of a European database to centralise the technical data of all vehicles, in order to enable Europe-wide comparability and facilitate crossborder vehicle registration;calls on the Member States to minimise the financial cost to the public of registering vehicles in another Member State, by avoiding unnecessary costs through a common approach;

106.  Calls on the Commission and the Member States to ensure the more rigorous enforcement of interoperability between national transport and mobility services, products and systems, such as those subject to EU rules relating to road toll systems or the ERTMS, alongside European-level integrated information, pricing and ticketing in the fields of public and intermodal mobility;

107.  Urges the Commission to facilitate access to microfinance facilities for the setting-up and development of small businesses, particularly those that intend to pursue crossborder operations;

108.  Calls on the Member States and the Commission to facilitate investment opportunities for innovative start-ups by removing the obstacles that hinder the emergence of an EU- wide venture capital market;

109.  Calls on the Member States to make use of existing structures and the creation of ‘one-stop shops’ in order to simplify and facilitate access to information enabling SMEs to apply for European, national and local funds, bearing in mind that 'one-stop shops' have greater added value when they are created at the expense of existing administration and thus do not place additional burdens on the taxpayer; stresses the importance of 'one-stop shops' as fundamental starting-points to attract and enable private investments in the field of research and energy, and calls on the Commission to reinforce the measures for further simplification and transparency of the European, national and local financing frameworks; urges the Member States to facilitate SMEs' access to funds by simplifying the rules on data submission, and to promote online data repositories for certificates and other supporting documents;

110.  Calls on the Member States and the Commission to secure agreements enabling SMEs to operate throughout the EU and to commercialise their ideas, by granting them better access to markets and reducing red tape;

111.  Calls on the Commission to draw up a legislative proposal offering passengers better protection in the event of airline insolvency, for example through mandatory insurance for airlines or the establishment of a guarantee fund;

112.  Draws attention to the fact that it is still difficult for passengers to book and buy multimodal tickets within the EU, and calls on the Commission, the Member States and transport companies to take action for the creation of an integrated multimodal ticketing system;

113.  Calls on the Commission to submit a proposal on passengers’ rights where more than one mode of transport is used, so as to enable the legislation to keep pace with evolving multimodal mobility patterns.

114.  Calls on the Commission to reformulate the Internal Market Information System (IMI), widening the scope and improving the operability of administrative cooperation, and to rethink the SOLVIT programme so as to give it a new framework and adequate resources, particularly human resources, in order to ensure that all centres have enough experienced and sufficient staff to enable them to deal with the queries submitted to them in a fully satisfactory manner;

115.  Repeats its call on Member States to improve early language learning, to put in place a system of recognition of formal and informal education, including lifelong learning, and of competences acquired in another Member State, and to ensure better coordination with labour market needs, in order to create a future labour force with comparable qualifications that is beneficial to a common European labour market and enhances productivity levels; emphasises, moreover, the need to continue with efforts towards equivalence of national certification systems through the European Qualifications Framework;

116.  Takes the view that educational institutions should indicate, in a supplement to the diplomas awarded by them, how their national diplomas can be compared and evaluated vis-à-vis diplomas awarded in other Member States, particularly in neighbouring countries;

117.  Highlights the success of the automatic recognition procedure contained in Directive 2005/36/EC on the recognition of professional qualifications, and calls for an assessment to be made of the possibility of extending it to more professions;

118.  Calls on the Member States to perform the necessary actions for accessing the Structural and Cohesion Funds and to utilise the amounts obtained for programmes related to vocational training, in order to ensure further support for SMEs;

119.  Points to the positive results obtained in certain Member States where energy-saving requirements placed on energy companies have led to numerous advantageous results, including the more widespread use of smart electricity meters for the benefit of consumers;

120.  Calls on the Commission to evaluate the possibility of a European exchange programme for officials and other employees of regional and local authorities;

o
o   o

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

(1) OJ C 187 E, 27.7.2008, p. 80. (2) OJ L 176, 7.7.2009, p. 17. (3) OJ C 161 E, 31.5.2011, p. 84. (4) OJ C 349 E, 22.12.2010, p. 25. (5) OJ C 8 E, 14.1.2010, p. 7. (6) Web Content Accessibility Guidelines (WCAG) 2.0. - http://www.w3.org/TR/WCAG20/ (7) See http://www.un.org/disabilities/convention/conventionfull.shtml (8) CHAP - Complaints Handling and Public Enquiries registration system; EU PILOT – Problem-solving with Member States; NIF – Database for registering cases of non-communication. (9) Position of the European Parliament of 14 February 2012, (texts adopted, P7_TA(2012)0033). (10) COM(2010)0747.

European Parliament decision of 25 October 2012 on the Council recommendation for appointment of a Member of the Executive Board of the European Central Bank (C7-0195/2012 – 2012/0806(NLE))

P7_TA(2012)0396 A7-0348/2012

(Consultation)

The European Parliament,

–  having regard to the Council’s recommendation of 10 July 2012(1),

–  having regard to Article 283(2), second subparagraph of the Treaty on the Functioning of the European Union, pursuant to which the European Council consulted Parliament (C7-0195/2012),

–  having regard to Rule 109 of its Rules of Procedure,

–  having regard to the report of the Committee on Economic and Monetary Affairs (A7-0348/2012),

A.  whereas, by letter of 13 July 2012, received on 18 July 2012, the European Council consulted Parliament on the appointment of Yves Mersch as a Member of the Executive Board of the European Central Bank (ECB) for a term of office of eight years;

B.  whereas Parliament's Committee on Economic and Monetary Affairs then proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 283(2) of the Treaty on the Functioning of the European Union (TFEU) and in the light of the need for full independence of the ECB in the area of monetary policy pursuant to Article 130 TFEU, whereas in carrying out this evaluation, the committee received a curriculum vitae from the candidate as well as his replies to the written questionnaire that had been sent to him;

C.  whereas the committee subsequently held a hearing with the nominee on 22 October 2012, at which he made an opening statement and then responded to questions from the members of the committee;

D.  whereas there was a broad consensus that the nominee is of recognised standing and has the professional qualification and experience in monetary and banking matters needed to exercise the functions of an Member of the Executive Board of the ECB;

E.  whereas, prior to the end of the term of office of Ms Tumpel-Gugerell, the issue of female representation at the ECB was raised informally by MEPs;

F.  whereas, from the creation of the ECB, until the departure of Ms Tumpel-Gugerell, there had always been a female member of the Executive Board of the ECB;

G.  whereas, according to the principle of sincere cooperation between the Member States and the Union, as set out in Article 4(3) TFEU, the committee ensured, before the end of Mr Gonzalez-Paramo's mandate in May 2012, that the Council was informed, by way of letter of 8 May 2012 to the President of the Eurogroup, by the chair the committee, on behalf of all the political groups, about the lack of diversity on the Executive Board of the ECB and the need for a female candidate to be presented;

H.  whereas, in the same letter, the chair of the committee encouraged the Eurogroup to implement a medium-term plan to promote women to influential positions in the ECB, in national central banks and in national finance ministries;

I.  whereas no formal reply was received to the letter of 8 May 2012;

J.  whereas Article 2 of the Treaty on European Union lays down the principle of equality between women and men;

K.  whereas Article 19 TFEU confers powers upon the Union to combat gender discrimination;

L.  whereas gender diversity in boards and governments ensure broader competence and wider perspectives, and whereas recruiting only men or only women means a more narrow selection and risks missing out on potentially excellent candidates;

M.  whereas the terms of office of the current Executive Board of the ECB extends to 2018 so that the Executive Board is potentially void of gender diversity until that date;

N.  whereas, by letter of 19 September 2012, the President of the European Parliament, following a meeting of the Conference of Presidents, requested that the President of the European Council make a commitment to ensure that all of the Union's institutions under his responsibility should implement concrete measures to ensure gender balance;

O.  whereas the Commission adopted a strategy for equality between women and men 2010-2015 (COM(2010)0491) on 21 September 2010 and a report on Progress on Equality between Women and Men in 2011(SWD(2012/0085) on 16 April 2012;

P.  whereas the Commission's proposal for a directive of the European Parliament and the Council on the access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms (Capital Requirements Directive (CRD4)), included requirement for institutions to put in place a policy promoting gender diversity on the management body;

Q.  whereas the European Council adopted the European pact for Gender Equality for the period 2011 to 2020 on 7 March 2011;

R.  whereas Parliament has adopted resolutions of 13 March 2012 on women in political decision-making(2), of 8 March 2011 on equality between women and men in the European Union - 2010(3), and of 6 July 2011 on women and business leadership(4);

1.  Delivers a negative opinion on the Council recommendation to appoint Yves Mersch as a Member of the Executive Board of the ECB and requests that the recommendation be withdrawn and that a new one be submitted to Parliament;

2.  Instructs its President to forward this decision to the European Council, the Council and the governments of the Member States.

(1) OJ C 215, 21.7.2012, p. 4. (2) Texts adopted, (P7_TA(2012)0070). (3) OJ C 199 E, 7.7.2012, p. 65. (4) Texts adopted, (P7_TA(2011)0330).

European Parliament legislative resolution of 25 October 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community (COM(2012)0270 – C7-0146/2012 – 2012/0145(COD))

P7_TA(2012)0397 A7-0243/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0270),

–  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 (C7-0146/2012),

–  having regard to Article 294(3) 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 International Trade (A7-0243/2012),

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 25 October 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community

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,

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

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

Whereas:

(1)  In Case C-249/10 P(2), the Court of Justice ruled that the sampling technique provided for in Article 17 of Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community(3) may not be applied for the purposes of the determination of claims of market economy treatment to be made under Article 2(7)(c) of that Regulation.

(2)  The ruling by the Court of Justice would require that the Commission examine all applications for market economy treatment filed by cooperating exporting producers who are not part of the sample, irrespective of whether the number of cooperating producers is large. However, such a practice would impose a disproportionate administrative burden on the investigating authorities of the Union. Therefore, is it appropriate to amend Regulation (EC) No 1225/2009.

(3)  Moreover, the use of the sampling technique provided for in Article 17 of Regulation (EC) No 1225/2009 for the purposes of the determination of claims of market economy treatment to be made under Article 2(7)(c) of that Regulation is allowed under the rules of the World Trade Organisation. For example, the panel of the Dispute Settlement Body of the World Trade Organisation in dispute DS405 (European Union ‐ Anti-Dumping measures on Certain Footwear from China, report adopted on 22 February 2012) found that China did not establish that the European Union acted inconsistently with Articles 2.4 and 6.10.2 of the Anti-dumping Agreement, Paragraph 15(a)(ii) of China's Accession Protocol, and Paragraphs 151(e) and (f) of China's Accession Working Party Report, by failing to examine the market economy treatment applications of the cooperating Chinese exporting producers that are not part of the sample for the original investigation.

(4)  Therefore, taking into account this background and for reasons of legal certainty, it is considered appropriate to introduce a provision clarifying that the decision to limit the investigation to a reasonable number of parties by using samples on the basis of Article 17 of Regulation (EC) No 1225/2009 also applies to the parties subject to an examination in accordance with Article 2(7)(b) and (c). Consequently, it is also appropriate to clarify that a determination under Article 2(7)(c) should not be made for exporting producers that are not part of the sample, unless such producers request and obtain individual examination in accordance with Article 17(3).

(5)  Furthermore, it is considered appropriate to clarify that the anti-dumping duty to be applied to imports from exporters or producers which have made themselves known in accordance with Article 17, but were not included in the examination shall not exceed the weighted average margin of dumping established for the parties in the sample, irrespective of whether the normal value established for such parties was determined on the basis of Article 2(1) to 2(6) or Article 2(7)(a).

(6)  Lastly, the three month time-limit by which a determination pursuant to Article 2(7)(c) should be made has proved impracticable, in particular in proceedings where sampling in accordance with Article 17 is applied. It is therefore considered appropriate to remove this time-limit.

(7)  In the interests of legal certainty and the principle of sound administration, it is necessary to provide that these amendments should apply as soon as possible to all new and pending investigations.

(8)  Regulation (EC) No 1225/2009 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

(2)  In Article 9(6), the first sentence is replaced by the following:"

When the Commission has limited its examination in accordance with Article 17, any anti-dumping duty applied to imports from exporters or producers which have made themselves known in accordance with Article 17 but were not included in the examination shall not exceed the weighted average margin of dumping established with respect to the parties in the sample, irrespective of whether the normal value for such parties is determined on the basis of Article 2(1) to 2(6) or Article 2(7)(a).

Article 2

This Regulation shall apply to all new and pending investigations at the time of entry into force of this Regulation.

Article 3

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

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

Done at ...,

For the European Parliament

The President

For the Council

The President

(1) Position of the European Parliament of 25 October 2012. (2) Case C-249/10 P Brosmann Footwear (HK) and Others v Council, judgment of 2 February 2012. (3) OJ L 343, 22.12.2009, p. 51.

European Parliament resolution of 25 October 2012 on EU trade negotiations with Japan (2012/2711(RSP))

P7_TA(2012)0398 B7-0462/2012

The European Parliament,

–  having regard to its resolution of 25 November 2010 on human rights and social and environmental standards in international trade agreements(1),

–  having regard to its resolution of 25 November 2010 on international trade policy in the context of climate change imperatives(2),

–  having regard to its resolution of 25 November 2010 on corporate social responsibility in international trade agreements(3),

–  having regard to its resolution of 6 April 2011 on the future European international investment policy(4),

–  having regard to its resolution of 27 September 2011 on a New Trade Policy for Europe under the Europe 2020 Strategy(5),

–  having regard to its resolution of 13 December 2011 on trade and investment barriers(6),

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

–  having regard to the Commission’s report on ‘Trade and Investment Barriers’ published on 21 February 2012 (COM(2012)0070),

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

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

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

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

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

–  having regard to the European Council’s conclusions of 24-25 March 2011,

–  having regard to the joint statement adopted at the 20th EU-Japan Summit, held in Brussels on 28 May 2011,

–  having regard to its resolution of 11 May 2011 on EU-Japan trade relations(7),

–  having regard to its resolution of 19 February 2009 on Community action in relation to whaling(8),

–  having regard to the 1997 Treaty of Amsterdam amending the Treaty on the European Union – Protocol on protection and welfare of animals,

–  having regard to the Agreement between the European Community and the Government of Japan on cooperation in science and technology signed on 2 July 2012,

–  having regard to its resolution of 13 June 2012 on EU trade negotiations with Japan(9),

–  having regard to Rule 110(2) of its Rules of Procedure,

A.  whereas the EU and Japan represent together more than a third of world GDP and more than 20 % of world trade;

B.  whereas in 2011 the total amount of bilateral trade in goods between the EU and Japan was worth only EUR 116,4 billion, in contrast to EUR 444,7 billion for EU-USA, EUR 428,3 billion for EU-China and EUR 306,6 billion for EU-Russia;

C.  Whereas in 2011 the Japanese trade surplus with the European Union was worth EUR 18,5 billion, of which automotive products alone accounted for 30 %;

D.  whereas Japan is ranked 16th among nations ‘Trading Across Borders’ in the World Bank’s ’Ease of Doing Business’ 2012 rankings, ahead of 18 EU Member States;

E.  whereas Parliament, the Council and the Commission have noted that Japan’s capacity to remove non-tariff barriers (NTBs) and obstacles to market access in public procurement is a precondition for launching negotiations on the EU-Japan free trade agreement (FTA);

F.  whereas the Copenhagen Economics study of November 2009 estimated a potential increase of 71 % for EU exports to Japan, and an increase of 61 % for Japanese exports to the EU, if tariffs and non-tariff barriers were reduced to the fullest possible extent;

G.  whereas the European Union and Japan agreed at the joint summit on 28 May 2011 to launch a scoping exercise to investigate the feasibility and shared ambition towards launching negotiations for a free trade agreement; whereas the scoping exercise has been concluded;

H.  whereas the Commission, the Council and Parliament support the maintenance of the global moratorium on commercial whaling and a ban on international commercial trade in whale products, seek to end so-called scientific whaling and support the designation of substantial regions of ocean and seas as sanctuaries in which all whaling is indefinitely prohibited;

I.  whereas there is a parallel political scoping exercise for a political framework agreement which has also been concluded successfully;

The Economic and political context

1.  Believes that the importance of Japan as a political ally, with a similar approach to the EU when facing the new challenges of a globalised world, should be taken into consideration;

2.  Believes that it is crucial for the EU to comprehensively deepen its economic and trade relationships with major global economies such as Japan in order to maximise the jobs and growth potential under the EU 2020 strategy; considers this to be particularly urgent in the light of the ongoing economic crisis, high unemployment rates and poor growth projections in the EU;

3.  Is concerned, in this regard, that the EU’s bilateral trading volume with Japan is dramatically lower than with other partners such as the USA, China and Russia; concludes that the huge potential of the EU-Japanese commercial relationship has not yet been realised to the benefit of EU businesses, workers and consumers, mainly due to the impact of Japanese non-tariff barriers on market access opportunities for European businesses;

4.  Notes that Japan is pursuing its interest in other major free trade agreements such as the potential Japan-China-South Korea FTA and the Trans-Pacific Partnership, as well as negotiating several other bilateral agreements; believes that the EU should draw on its experience with the EU-South Korea FTA to achieve comparable market access penetration in negotiations with Japan;

The scoping exercise

5.  Notes the conclusion of the EU-Japan scoping exercise to the mutual satisfaction of the Commission and the Japanese Government;

6.  Welcomes the emphasis on the removal of NTBs and obstacles to market access in public procurement within the scoping exercise negotiations, as demanded by Parliament;

7.  Cautions that, while the roadmaps represent a partial step forward, some lack precision and leave room for interpretation (e.g. the railway procurement provisions); considers, therefore, that greater ambition must be demonstrated by Japan from the outset of future negotiations; emphasises that the implementation on these commitments is crucial and, therefore, calls for concrete results as soon as possible, ideally in advance of the dates established;

8.  Calls on the Japanese Government to reconfirm at the onset of formal negotiations of an EU-Japan FTA its commitments made in the scoping exercise, especially with regards to removing non-tariff barriers to trade (NTBs);

9.  Requests that, accordingly, as a condition for adopting negotiating directives for an FTA with Japan, the Council insists on a binding review clause activated within one year of the launch of negotiations to assess whether Japan has delivered clear results in eliminating NTBs, in particular those affecting the EU’s automotive sector, as well as the obstacles to public procurement for railways and urban transport agreed on in the scoping exercise;

A mandate for negotiations

10.  Calls on the Council to authorise the Commission to start negotiations for a free trade agreement with Japan on the basis of the outcome of the scoping exercise and clear targets;

11.  Calls on the Commission to dedicate one of the initial negotiation rounds of the EU-Japan FTA to removing NTBs and, therefore, to ensure that an independent impact assessment can be conducted as part of the review clause one year after the start of the negotiations to objectively assess the progress made on this key concern for Parliament;

12.  Underlines that such a free trade agreement must be comprehensive, ambitious and fully binding in all its commercial provisions; stresses that an FTA must lead to genuine market openness, and trade facilitation on the ground, rather than just a hypothetical, legal openness; calls on the Commission to formally and periodically update Parliament and the Council on the state of play of the negotiations and on the progress made on dismantling NTBs; considers that if, during the negotiations, Japan does not demonstrate sufficient ambition in meeting the EU’s priority demands, the Commission should suspend negotiations after consultations with Parliament and the Council;

13.  Notes that the removal of non-tariff barriers is significantly more difficult to monitor and implement than the elimination of import tariffs; urges the Commission to fully take into account Parliament’s recommendations as outlined in its resolution of 13 December 2011 on trade and investment barriers and to draw conclusions from the NTB commitments in the EU-South Korea FTA to develop best practise implementation and monitoring mechanisms;

14.  Stresses that, for an FTA to be truly advantageous to the EU’s economy, the Council should establish a clear timetable and include the following aspects in the Commission’s negotiating directives:

15.  Reiterates its belief that, if these conditions are met, an EU-Japan FTA has the potential to lead to a win-win situation, beneficial for both economies, and that a deeper degree of integration through an economic integration agreement would multiply the gains considerably to both economies;

16.  Notes that serious divergences remain between the EU and Japan on issues related to the management of fisheries and whaling, notably Japan’s whaling under the guise of scientific whaling, and calls for broader discussions on the matter of the abolition of whale hunting and of trade in whale products;

Beyond the negotiations

17.  Demands that, if negotiations are successful, the Commission undertake a second impact assessment to evaluate the expected advantages and disadvantages of the agreement for EU jobs and growth, including an analysis of the impact on sensitive sectors such as automotives and electronics, and the benefits for the EU’s offensive interests;

18.  Recalls that Parliament will be asked to give its consent to the potential EU-Japan FTA as stipulated by the Treaty of Lisbon;

o
o   o

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

(1) OJ C 99 E, 3.4.2012, p. 31. (2) OJ C 99 E, 3.4.2012, p. 94. (3) OJ C 99 E, 3.4.2012, p. 101. (4) OJ C 296 E, 2.10.2012, p. 34. (5) Texts adopted, P7_TA(2011)0412. (6) Texts adopted, P7_TA(2011)0565. (7) Texts adopted, P7_TA(2011)0225. (8) OJ C 76 E, 25.3.2010, p. 46. (9) Texts adopted, P7_TA(2012)0246.

European Parliament resolution of 25 October 2012 on the EU 2011 Report on Policy Coherence for Development (2012/2063(INI))

P7_TA(2012)0399 A7-0302/2012

The European Parliament,

–  having regard to Articles 9 and 35 of the joint statement by the Council and the representatives of the governments of the Member States meeting within the Council, the European Parliament and the Commission on European Union Development Policy: ‘The European Consensus’(1),

–  having regard to Title V of the Treaty on European Union and, in particular, Article 21(2) thereof, establishing the principles and objectives of the EU in international relations, and to Article 208(2), of the Treaty on the Functioning of the European Union,

–  having regard to the UN Convention on Biological Diversity from 1992 and the Stockholm Convention on Persistent Organic Pollutants,

–  having regard to Article 12 of the ACP-EC Partnership Agreement (the Cotonou Agreement),

–  having regard to the Commission Staff Working Paper entitled ‘EU 2011 Report on Policy Coherence for Development’ (SEC(2011)1627),

–  having regard to the Commission Staff Working Paper entitled ‘The EU – a global partner for development speeding up progress towards the Millennium Development Goals’ (SEC(2008)0434),

–  having regard to the Commission Staff Working Document entitled ‘Policy Coherence for Development Work Programme 2010-2013’ (SEC(2010)0421),

–  having regard to the Commission Communication entitled ‘Policy Coherence for Development - Establishing the policy framework for a whole–of–the-Union approach’ (COM(2009)0458),

–  having regard to its resolution of 18 May 2010 on the EU Policy Coherence for Development and the ‘Official Development Assistance plus’ concept(2),

–  having regard to the Council Conclusions on Policy Coherence for Development, 14 May 2012 (doc. 09317/2012),

–  having regard to the Council Conclusions on Increasing the Impact of EU Development Policy: an Agenda for Change, 14 May 2012 (doc. 09369/2012),

–  having regard to the Council Conclusions on the EU’s approach to trade, growth and development in the next decade, 16 March 2012 (doc. 07412/2012),

–  having regard to the Council Conclusions on the Global Approach to Migration and Mobility, 3 May 2012 (doc. 09417/2012),

–  having regard to the Council Conclusions on Policy Coherence for Development, 18 November 2009 (doc. 16079/2009),

–  having regard to the DAC-OECD Peer Review of the European Union of 2012,

–  having regard to the EU Accountability Report 2012 on Review of progress of the EU and its Member States Financing for Development of 9 July 2012,

–  having regard to the Evert Vermeer Foundation Study entitled ‘The EU Raw Materials Policy and Mining in Rwanda – Policy Coherence for Development in practice’ of February 2012,

–  having regard to Declaration A(2010)21584 of 28 September 2010 of the 21st session of the ACP-EU Joint Parliamentary Assembly,

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

–  having regard to the report of the Committee on Development and the opinions of the Committee on Employment and Social Affairs, the Committee on Fisheries and the Committee on Women's Rights and Gender Equality (A7-0302/2012),

A.  whereas Article 208 of the Treaty on the Functioning of the European Union establishes the reduction and, in the long term, the eradication of poverty, as defined in the European Consensus on Development, as the primary objective of EU development policy, and whereas the Union shall take account of the objectives of development cooperation in the policies that it implements and which are likely to affect developing countries;

B.  whereas the European Union's commitment to ensure policy coherence for development (PCD), in accordance with the conclusions of the European Council in 2005,was recently reaffirmed in its conclusions on PCD;

C.  whereas there are clear inconsistencies in the EU's trade, agriculture, fisheries, climate, intellectual property rights, migration, finance, arms and raw materials policies which affect development goals; whereas PCD can contribute to poverty reduction by finding fundamental synergies among EU Policies;

D.  whereas the new development policy framework presented in the Agenda for Change aims for policy coherence not only within the Union but also with regards to the Union and its Member States by advocating joint-programming and emphasising the role of the EU as coordinator, convener and policy maker;

E.  whereas a post-2015 international framework for development cooperation has the potential to play a catalytic role in addressing important development and other global challenges and could help to fulfil individuals' rights and needs;

F.  whereas, despite the improvements, as in case of the EU, direct or indirect subsidies for agricultural products continue to have a negative effect on food security and the development of a viable agricultural sector in developing countries;

G.  whereas the EU is committed to reaching the UN target of 0.7 % of gross national income (GNI) in official development assistance (ODA) by 2015;

H.  whereas the Court of Justice of the European Union (CJEU) issued a judgement in November 2008 whereby the European Investment Bank (EIB) operations in developing countries must prioritise development over any economic or political objective;

I.  whereas a large number of studies have shown that there are between USD 850 billion and USD 1 trillion per year of illicit financial flows out of developing countries, which severely hinders the fiscal revenue of developing countries and consequently their self-development capacities;

J.  whereas the Agenda for Change (COM(2011)0637), in its aim to increase the impact of EU development assistance, reiterates that the objectives of development, democracy, human rights, good governance and security are intertwined;

K.  whereas public procurement accounts for 19 % of world GDP, or almost 40 times the amount provided by the EU and the Member States in ODA; whereas, as such, it has huge potential to be a tool of implementing sustainable government policies both in the EU and in its ODA recipient countries;

L.  whereas malnutrition kills an estimated 2.6 million children each year and, if unchecked, will put almost half a billion children at risk of permanent damage in the next 15 years; whereas about one-third of the pre-school age children in the world currently suffer from underweight (too little weight for their age) or stunting (too short for their age); whereas malnutrition costs countries 2-4 % of their GDP, and costs an individual an estimated 11 % of his or her lifetime earnings, while, at the same time, tested, cost-effective interventions in nutrition exist and would represent a sound investment;

M.  whereas, by 2030, the demand for energy and water is expected to rise by 40 % and the demand for food by 50 %, and whereas population growth, together with a rising middle class in emerging and developing nations, will put huge pressure on natural resources – especially water, energy and land – and on the environment;

N.  whereas the concepts of human development and human security share four fundamental perspectives: they are people-centred, they are multi-dimensional, they have broad views on human fulfilment in the long-term and they address chronic poverty(3);

O.  whereas the external dimension of the two new DG Home Affairs funds, and the Migration and Asylum component of the new Global Public Goods and Challenges Thematic Programme of the Development Co-operation Instrument (DCI), cover, as anticipated in the declared priorities, similar thematic areas although from different perspectives;

P.  whereas clinical trials that are no longer accepted by Western European ethics committees are approved by the local ethics committees in countries such as India, China, Argentina and Russia; whereas, in particular, the ethical principles which are of utmost importance for developing countries, as reflected in the Declaration of Helsinki, are ignored by companies and regulatory authorities(4);

Q.  whereas culture is, in all its dimensions, a fundamental component of sustainable development because it is, through tangible and intangible heritage, creative industries and various forms of artistic expressions, a powerful contributor to economic development, social stability and environmental protection;

R.  whereas studies show that if women are educated and can earn and control income, a number of good results follow: maternal and infant mortality declines, women and child health and nutrition improve, agricultural productivity rises, climate change can be mitigated, population growth slows, economies expand and cycles of poverty are broken(5);

S.  whereas information and communication technologies (ICT) have the potential to help mitigating climate change not only by reducing their own share of greenhouse gas emissions but also by using them to reduce emissions in other sectors and to address systemic change and rebound effects, e.g. by dematerialisation and online delivery, transport and travel substitution, monitoring and management applications, greater energy efficiency in production and use, and product stewardship and recycling;

T.  whereas the 2007 DAC Peer Review of European Communities noted that 'good understanding of the appropriateness of budget support in the local context is important';

U.  whereas education can play a pivotal role not only in environmental sustainability, health and economic growth, and in the achievement of the MDGs in general, but also in peace-building; whereas, perhaps more than any other sector, education can provide the highly visible early peace dividends on which the survival of peace agreements may depend if education systems are inclusive and geared towards fostering attitudes conducive to mutual understanding, tolerance and respect, thereby making societies less susceptible to violent conflict;

Operationalising PCD

1.  Welcomes the EU's efforts towards PCD; underlines that PCD is not only a legal obligation, but that designing accountable, transparent, human-rights-based, and inclusive policies is a chance for the EU to establish equal and sustainable partnerships with developing countries that go beyond development cooperation; stresses as well that PCD-aligned policies give governments and societies of developing countries the chance, and the responsibility, to generate successes on their own;

2.  Believes that PCD must be based on the recognition of the right of a country or a region to define by democratic means its own policies, priorities and strategies to protect its populations' livelihoods in line with the UN International covenant on Economic, social and Cultural rights;

3.  Welcomes the eight areas of action for the years 2011-2014 chosen by the Commission in its proposal for a new policy on corporate social responsibility (CSR); underlines the importance of binding CSR obligations and of encouraging employers to apply social standards which are more ambitious than current statutory provisions, including the possibility to develop and obtain a designation such as a social label; calls on the Commission to support the Member States in carefully monitoring the implementation, and ensuring the legal enforcement, of these obligations, and insists that the upcoming initiative on CSR reflects the obligations towards PCD and moves towards binding CSR standards;

4.  Stresses that PCD is not merely a technical issue, but primarily a political responsibility, and that Parliament, as co-legislator and as a democratically elected institution, has a key responsibility for translating the commitments into concrete policies;

5.  Insists that the European Consensus on Development, including its definition of PCD, remains the doctrinal framework for the EU’s development policy, and that any attempt to revise or replace it in the context of the ‘Agenda for Change’ should involve the institutions that permitted its creation;

6.  Recalls that any new political orientation in the context of the 11th EDF emanating from the Agenda for Change must be compatible with the spirit and the letter of the Cotonou Agreement;

7.  Stresses that transparency in all areas is instrumental in achieving PCD as it can not only prevent unintended incoherence but is also effective where there are clashes of interest;

8.  Calls for the introduction of structured annual meetings between representatives of national parliaments of EU Member States and the European Parliament to ensure consistency in the spending of development aid;

9.  Points to the importance of knowledge building and expertise with regard to the complex issue of PCD; asks, therefore, the Commission to ensure that provisions are made to focus some DG Research programmes on issues relevant to PCD; recommends as well the elaboration and promotion of a strategy on development research in order to engage with DG Research and other research DGs, as well as other relevant bodies external to the Commission, e.g. the OECD and the World Bank;

10.  Insists that the questions regarding the economic, environmental and social impacts of policies inside and outside of the EU laid down in the Impact Assessments Guidelines from 2009 are answered in the Commission's impact assessments as well as in the impact assessments to be made by Parliament; asks the Commission also to complete the impact assessments in advance of the corresponding policy proposal in order to ensure that civil society organisations (CSOs) and other relevant stakeholders can participate in the process, thereby also creating an added value in terms of capacity;

11.  Underlines that the Impact Assessment Board of the Commission and the similar institution to be set up by Parliament need adequate expertise in development policies in order to live up to their responsibility to verify the quality of impacts assessments in terms of PCD;

12.  Suggests that a reference to PCD be included in reviews and ex-post evaluations of EU policies if adequate; takes the view that any evaluation exercise of programmes carried out under the European Development Fund (EDF) or the DCI should include an assessment of its consequences for PCD;

13.  Welcomes the inclusion of specific PCD commitments in the Danish Presidency's work programme and asks the next Presidencies to follow up on that example;

14.  Welcomes the Commission's third biennial report on PCD 2011, but agrees with the Council on the need to include an independent assessment of progress, including qualitative and quantitative consequences and costs of policy incoherence in future reports; suggests that future reports should also include a comprehensive overview of PCD-related results of the country-level dialogues, in order to make the voices of citizens of developing countries heard;

15.  Calls on the Member States and their national parliaments to promote PCD through a specific working programme with binding timetables, in order to improve the European PCD work programme;

16.  Agrees with the Commission that in the preparation of the next rolling PCD Work Programme, a wider discussion with the European External Action Service (EEAS) and Member States and all relevant stakeholders, for example NGOs and CSOs, is needed; agrees that fewer indicators, together with more precise and better monitoring, can lead to a more operational framework and easier monitoring;

17.  Asks the High Representative and the European External Action Service (EEAS) to confirm their important roles in making PCD a reality;

18.  Suggests making PCD a clear priority for the EEAS and the Delegations by further strengthening the EU's policy dialogue with CSOs, local parliaments and other stakeholders, by asking them to gather evidence on lack of either inconsistency or coherence, by improving the PCD references in programming documents and making them operational, and by developing a training programme, together with DG DEVCO, for all new EEAS staff to ensure that they are able to understand and apply PCD; points out that adequate resources to fulfil this task must be allocated to the Delegations and the headquarters;

19.  Underlines that EU delegations have a central role in designing and managing budget support, and that their resources should be ensured correspondingly;

20.  Recalls the paramount importance of Article 12 of the ACP-EC Partnership Agreement and the obligation for the Commission to regularly inform the Secretariat of the ACP Group of planned proposals which might affect the interests of the ACP States; calls on the Commission to inform Parliament when such procedures are undertaken;

21.  Welcomes the Commission's proposal to deepen the cooperation with the European Parliament and national parliaments on PCD by engaging in more exchanges with them on the subject and by accompanying them in acquiring specific analytical capacity to contribute to promoting PCD in the EU; proposes that these exchanges between national parliaments, the European Parliament and the Commission should come in the form of structured annual meetings which include clear objectives along with task-monitoring activities with the goal of strengthening PCD in the EU;

22.  Considers that public procurement should be effectively used to achieve the overall EU objectives of sustainable development and, therefore, that the future public procurement directives should enable sustainability criteria to be integrated throughout the procurement process;

Specific recommendations under the five areas of focus
Trade

23.  Welcomes that the Commission, in its Communication on ‘Trade, Growth and Development: Tailoring Trade and Investment Policy for Those Countries Most in Need’, commits itself to support small producers and promote fair, organic and ethical trade initiatives, but regrets the lack of commitment to mainstream fair trade principles across EU policies;

24.  Deplores the publication of two separate reports on trade in general and on trade and development by the Commission which was counterproductive from the viewpoint of PCD;

25.  Regrets that GDP per capita is made the sole eligibility criterion for the GSP scheme, as this could run counter to the EU's development objectives; recalls its resolution of 8 June 2011 on ‘GDP and beyond – Measuring progress in a changing world’(6), which makes reference to the Human Development Index;

26.  Recalls the inconsistencies produced in the context of European Partnership Agreements, namely: a) that some countries are urged to sign an agreement before its exact terms are mutually agreed, b) that the Commission proposes to delete 18 countries from Annex I to the Market Access Regulation, and c) that human rights issues are not sufficiently addressed during negotiations;

27.  Takes the view that the OECD guidelines for multi-national enterprises should become binding standards in EU investment treaties for business and industry, ensuring that investment treaties include clauses on transparency and on the fight against illicit capital flows, along with full reporting on environmental and social issues by companies; points out that investment agreements should improve the rights and duties of governments to regulate economic activities in sensitive policy areas such as the environment and foster decent work in the broader public interest and in the longer-term interest of future generations;

Agricultural and Fisheries Policy

28.  Deplores that the share of EU Aid for Trade (AfT) to LDCs declined to 16 % in 2010 (EUR 1,7 billion, as against EUR 8,7 billion to non-LDCs) from 22 % in 2009(7); calls on the Commission to inform Parliament about the annual and/or multi-annual share of the EDF funds spent as AfT;

29.  Proposes that the Commission creates new momentum for sustainable public procurement at the international level, and that the resulting framework of the revision of the public procurement directives should give contracting authorities the policy space to make informed pro-development procurement choices;

30.  Calls on the Commission actively to promote, within the WTO, the suggestion of some donors to narrow the scope of the Aid for Trade Initiative in order to make it more monitorable, efficient and focused on key elements of the trade and development nexus, in order to make it more effective and to secure donors' financing;

31.  Draws attention to the publication of a revised IPR Strategy vis-à-vis third countries which should, from a development point of view, ensure adequate access to medicines and provide effective incentives for pharmaceutical research by making use of the TRIPs Agreement’s flexibilities in appropriate cases, such as health emergencies, and by making the Strategy compatible with the parallel agenda for ‘affordable access to medicine’; stresses as well that the link to the food security agenda is very important in this context, e.g. to ensure the protection of plant varieties and acknowledge the importance of diverse agricultural systems and traditional seed supply systems;

32.  Proposes the implementation of preferential trade rules that enhance green agricultural technology transfers in the WTO and in bilateral trade agreements with developing countries;

33.  Welcomes the creation in 2010,within the sustainable development team in Directorate-General for Trade, of a focal point for coordinating fair trade-related activities, which are an important example of how EU trade and development policy can be made more coherent and mutually supportive;

34.  Points out that fair trade between the EU and developing countries entails paying a fair price for the resources and agricultural products of the developing countries, i.e. a price which reflects the internal and external costs, while guaranteeing ILO's core labour standards for working conditions as well as international standards on environmental protection;

35.  Reiterates its call to address in an effective way the problem of conflict minerals and other resources related to conflict in developing countries that have resulted in the death and displacement of millions of people;

36.  Believes that developing countries should protect their economy and proceed to selective market openings, as was the case in Europe;

37.  Asks the Commission to further integrate internationally agreed labour and environmental standards into instruments like the EPAs and FTAs;

38.  Welcomes the fact that the relevance of smallholder farming for combating hunger is recognised by the EU and that adaptation measures are priorities in the food security agenda; underlines that support for women smallholder farmers is especially relevant;

39.  Reiterates that development concerns should be built into the entire process of decision making on the EU's agricultural policy, and calls for the establishment of flanking measures similar to the sugar-protocol accompanying measures (SPAM), if necessary;

40.  Repeats its call for regular and independent assessments and evaluations of the EU's agricultural and trade policies, paying special attention to impacts on local and smallholder producers, and building on evidence submitted by governments, farmers' organisations, civil society organisations and other stakeholders in developing countries which are EU trading partners;

41.  Urges the EU to strengthen EU-ACP supply chains and to support the strengthening of supply chains within the ACP countries themselves as both markets have developed in mutual dependence; suggests fostering the use of modern market management instruments in developing countries, such as transparency provisions, capacity building, technical regulations, or support with regard to contract negotiation, e.g. in the context of the Joint EU-Africa Strategy;

42.  Proposes to set up transnational twinning partnerships between Natura 2000 areas and similar agricultural ecological management areas in developing countries with the aim of: a) exchanging know-how on management of such areas by local authorities, local leaders and local farming communities to ensure that future management is sustainable, both ecologically and economically, and practicable, b) building capacity through twinning of the economic viability of business chains in these areas to contribute to sustainable food security in these areas, and c) implementing research to assist in the protection of agricultural diversity and biodiversity to assure the long-term survival of valuable and threatened species and habitat; proposes as well the establishment of a transnational twinning centre for learning and development of know-how between Natura 2000 areas and similar areas in third countries;

43.  Points out that timely information on changes in standards applied to agricultural products, or the application of alternative equivalent standards to imports by the EU, is essential to efforts in developing countries to facilitate long-term planning and ensure competitiveness on the basis of quality;

44.  Calls on the Commission to develop an integrated approach to nutrition, set up a dedicated trust fund to address the problem of malnutrition in developing countries, and mobilise the necessary resources to deliver the basic interventions that could prevent the vast majority of malnutrition, especially in the critical 1 000-day window between conception and age 2, which include encouraging optimum feeding and caring practices such as breastfeeding to avoid contaminated water, proper introduction of varied foods for infants, fortification of basic staples and vitamin supplementation; believes that such a trust fund would enable the leveraging and pooling of resources from Commission and Member States, and possibly other donors, and would enable better visibility of EU action in saving lives;

45.  Deplores the fact that only approximately EUR 418 million, or around 3,4 % of the total Commission development aid budget of EUR 12 billion per year, is currently allocated to direct nutrition intervention; believes that efforts to tackle malnutrition must be multi-disciplinary, engage multiple stakeholders and be in line with the national priorities of affected countries;

46.  Considers that the size of the EU market for fish, and the geographical range of activities by EU-flagged and EU-owned vessels, impose a high level of responsibility on the Union for ensuring that these activities are based upon the same standards in terms of ecological and social sustainability and transparency inside and outside Union waters; notes that such coherence requires coordination both within the Commission itself and between the Commission and the governments of the individual Member States;

47.  Reiterates that, in order to improve PCD, the negotiation of fisheries partnership agreements (FPAs) must be based on the contracting country's priorities for the suitable development of its fishing sector; stresses that FPA payments should be compatible with development objectives and that the impacts of FPAs should be closely monitored by the EU;

48.  Takes the view that PCD should be reinforced by: a) making DG-MARE and DG-Development jointly responsible for FPAs, b) applying relevant principles outlined in the FAO Code of Conduct for Responsible Fishing, EU commitments towards Policy Coherence for Development, and the EU-ACP Cotonou Agreement, c) incorporating human rights, anti-corruption and accountability obligations in all FPAs, and d) ensuring that FPAs are consistent with or contribute to the poverty reduction and human development objectives identified in the EU's Country and Regional Strategy Papers;

49.  Stresses that any access to fisheries resources in third countries' waters must respect not only Article 62 of the UN Convention on the Law of the Sea (UNCLOS) regarding surplus stocks but also Articles 69 and 70 on the rights of land-locked and geographically disadvantaged states within the region, taking into account the nutritional and socioeconomic needs of local populations;

50.  Proposes that, in line with the 2006 UN General Assembly resolution on Regional Fisheries Management Organizations (RFMOs), the Commission should be given an unequivocal negotiating mandate for all RFMOs for promoting marine conservation and sustainable fisheries;

51.  Considers that any system of attributing fishing opportunities to countries within RFMOs must include the legitimate rights and aspirations of developing states to develop their own fisheries; insists that the EU oppose the introduction of Transferable Fishing Concessions schemes in RFMOs, since they would jeopardise the both the livelihood and the well-being of dependent communities in developing countries;

52.  Maintains that the Union’s development policy should be carried out within the framework of the obligation agreed in the United Nations and other organisations and competent international bodies, and that the contribution of fishing to development should be made within the framework of the principles and objectives of the Union’s external action and should contribute towards the main aim of Union development policy, which is to reduce and ultimately eradicate poverty in developing countries;

53.  Believes that the Union should contribute to development in the sphere of fisheries by supporting the principle of surplus fishing stocks and other rules laid down in UNCLOS as well as the application of the FAO Guidelines for responsible fisheries and the FAO Compliance Agreement on the conservation and management of fisheries resources at global level;

54.  Emphasises that the objectives of fisheries policy must be implemented on a basis of transparency and coherence with other Union objectives, and that their impact on development must be planned, measured and assessed, and regularly and systematically subjected to democratic control;

55.  Wishes to make it clear that fisheries cooperation agreements and the fisheries-related aspects of development cooperation agreements and EU trade agreements should contribute towards making fishing a socially, economically and environmentally sustainable activity for the EU and its partners;

56.  Regrets the fact that a substantial proportion of the objectives of the FPAs have not been achieved; regrets in particular the poor results attained in the fields of scientific and technological cooperation and support for the sustainable development of the fishing industry (and allied industries) in developing countries; believes these aspects can be improved through coherent policies and governance of international fishery activity;

57.  Stresses that the EU must ensure that the current reform of the Common Fisheries Policy is mainstreamed with its commitment towards developing countries to support the achievement of the Millennium Development Goals as well as the basic human right to food as recognised in the Universal Declaration of Human Rights;

58.  Calls on the Commission to ensure that its external action in general, and the FPAs in particular, promote good governance and transparency and create the conditions for developing third countries to base their fisheries policies on the same guidelines and sustainability standards as the Common Fisheries Policy, including: the adoption of decisions based on scientific reports and impact studies and the drafting of multiannual plans allowing exploitation proportionate to the maximum sustainable yield of stocks; special support for small-scale fishing and aquaculture activities and the communities which depend on them; promotion of selective fishing and adaptation of fleet capacity to resources and more responsible fishing practices; the gradual reduction and ultimate elimination of discards; efforts to combat illegal, unreported and unregulated fishing; improvements to safety and welfare conditions at work; protection of biodiversity and the environment and measures to combat climate change; product quality and better marketing; and promotion of research and innovation in order to increase the sustainability of activities in the sphere of fisheries, aquaculture and associated industries;

59.  Stresses that the agreements and the industries which develop around them are contributing to the development of third countries and their future ability to exploit their own resources;

60.  Maintains firmly that, in their relations with third countries and their actions within international organisations, the Union and its Member States must contribute to building the capacities of societies and governments of developing countries to draw up, implement and monitor sustainable fisheries policies which increase their food security and contribute to their development;

61.  Advocates the joint formulation of models with objectives, actions and indicators with the aim of monitoring the use of the funds more effectively in a spirit of partnership; stresses that this monitoring must include the adoption of corrective procedures, to be agreed on with the third country, whenever a deviation of one of the parties from the objectives is observed;

62.  Welcomes the example of transparency that the EU has set in a global context by publishing the conditions of its FPAs; urges the Commission to continue its openness by ensuring that the evaluations of these agreements are also publically available, respecting the principles of the Aarhus convention, for the purpose of enabling local parliaments, civil society and other stakeholders to effectively scrutinise the implementation and impact of the agreements;

63.  Draws attention to the importance of the existence of transparent and up-to-date scientific data on fish stocks, on all fisheries agreements including those of the EU, and on total fishing effort in each country’s waters; considers that scientific assessment should precede the signature of agreements or at least that the agreements should contribute to the examination of data;

64.  Draws attention to the problem of illegal, unregistered and undeclared (IUU) fishing; recalls that many vessels do not duly report their catches and are not inspected, that the data supplied by vessels are not checked and that the species caught are not clearly identified; considers that the EU can and must make a more effective contribution towards overcoming these problems; urges the Commission, in all its international relations, to support the principle of flag state responsibility, which underpins international law and is fundamental to an efficient implementation of the IUU regulation;

65.  Advocates better linkage of FPAs to existing development policy instruments, particularly the EDF, and to conditions relating to access to EU markets for developing countries.

66.  Emphasises that fisheries cooperation is able directly to benefit the 150 million people on our planet who rely on fishing and fishery-related activities for their livelihood.

Climate Change and Energy

67.  Reiterates that more attention needs to be focused on maximising the synergies between EU climate change policies and the EU development objectives, especially in terms of tools and instruments used and the collateral development and/or climate change adaptation benefits;

68.  Stresses that an investment in education for sustainable development, including combating climate change, is an area where development aid can achieve multiple objectives at once, especially when women are targeted;

69.  Believes that the challenges posed by climate change must be addressed through structural reforms, and calls for a systematic climate change risk assessment of all aspects of EU's policy planning and decision making, including trade, agriculture, food security, etc., and demands that the result of this assessment be used to formulate clear and coherent country and regional strategy papers, as well as development programmes and projects;

70.  Calls for specific attention to be devoted to the special needs of smallholder agriculture and livestock farmers facing the consequences of climate change in any policy and agreements entailing possible reduction of, or constraints in the access to, resources for food production, such as land, water, mobility, among others;

71.  Repeats its call on the Commission and the Member States to collect country-specific and gender-disaggregated data when planning, implementing and evaluating climate change policies, programmes and projects, in order effectively to assess and address the differing effects of climate change on each gender and to produce a guide on adapting to climate change, outlining policies that can protect women and empower them to cope with the effects of climate change;

72.  Welcomes the proposals made in the European Report on Development 2011/2012 on an integrated and ecosystems-based management of water, energy and land, with those three resources being crucial for development; asks the Commission to follow-up on the proposals made in the report; points especially to the existence of significant EU and global governance gaps, and stresses the necessity of a change towards more sustainability in consumption and production patterns within the Union itself;

73.  Suggests that the EU should work in developing countries to promote investment, innovative approaches and high standards of corporate practice in the inclusive and sustainable use of water, energy and land; suggests as well that the emphasis on sustainable energy and agriculture in the 'Agenda for Change' should be complemented with interventions in the area of water;

74.  Calls on the Commission to report on the social sustainability of biofuels by the end of 2012 and to consult with affected communities and local NGOs beforehand; points out that this is an opportunity to propose an adequate methodology and cover the full impacts that European biofuels targets are having on food security, land rights and other development issues; recalls that the monitoring and reporting by the Commission foreseen in the proposed directive provides an opportunity, if appropriate, to propose corrective actions, based on lessons learned;

75.  Underlines the importance of guaranteeing that imported bioenergy is produced on the basis of acceptable working environments and employment standards and respecting local communities;

76.  Encourages the further development of second and third generation bioenergy from biomass by-products, wastes and residues;

77.  Asks the Commission to reconsider the 10 % target for biofuels from renewable sources by 2020 set forth in the Renewable Energies Directive, unless strict sustainability criteria are applied;

78.  Urges the Members States to allocate a significant share of the auctioning revenues from the European Emissions Trading System (ETS) to climate change-related activities in developing countries from 2013 onwards;

79.  Urges the Commission to propose an adequate and PCD-aligned methodology to calculate the effects of indirect land use change, reminding the Commission that such a methodology was due by the end of 2010;

Security

80.  Stresses that the review of the EU’s arms exports due in 2012 must be based on comprehensive information in order to comply with the development objectives; points out that the publication of the Council’s Thirteenth Annual Report on control of exports of military technology and equipment raised questions about the reliability and usability of the data provided;

81.  Draws attention to the EU's pledges for democracy and human rights and for conditions such as those enshrined in the ‘more for more’ approach concerning the EU's immediate Neighbourhood policy; stresses that their relevance can only be assured when no other policy area, and when no interaction with partner countries, counteract initiatives undertaken to strengthen human rights, human security and democracy in partner countries;

82.  Recalls the fact that arms exports are an inter-governmental issue and that PCD should be taken into account in this context; concludes that deciding whether to approve arms exports to developing countries in relation to the ‘sustainable development’ criterion, i.e. criterion 8 of the Consolidated EU and National Arms Export Licensing Criteria, can be difficult, given that other policy considerations can override its application; recommends that Member States provide a full statement of the methodology used in relation to this criterion;

83.  Acknowledges the interdependence of development, democracy, human rights, good governance and security, which any discussion on PCD has to take into account;

84.  Takes the view that the concepts of human security and development should be considered as essential in the security-development nexus, as they are centred on the individual;

85.  Points out that coordination among peace-building, humanitarian aid and development activities in post-conflict situations should be improved in accordance with the ‘Linking Relief, Rehabilitation and Development’ (LRRD) strategic framework in order to comply with the principles of PCD and human security, the latter still being undervalued; reminds the Commission that the Council had invited it to prepare an EU Action Plan on situations of conflict and fragility in 2009, and that the EU endorsed the New Deal for engagement in fragile states that was adopted at the Busan High Level Forum on Aid Effectiveness;

86.  Emphasises that with the Council Working Group on Conventional Arms Exports being the main committee responsible for the EU's Code of Conduct on Arms Exports, it is imperative that development objectives are taken into account in this forum; calls on the Council to make the European Code of Conduct on Arms Exports legally binding;

Migration

87.  Stresses that 'brain drain' can cause serious problems in developing countries, especially in the health sector; acknowledges that 'brain drain' affecting developing countries is the result of a combination of structural causes and 'push and pull' factors; therefore asks the Commission to monitor the effects of the Blue Card system on developing countries and take corrective action if necessary; asks as well the Commission to promote the application of the ‘WHO Code of practice’ regarding the international recruitment of health personnel to both the public and the private sectors;

88.  Underlines that it has to be guaranteed that mobility partnerships are consistent with the international human rights legal framework; asks the EU to prevent conditionality in development aid relating to migration reduction, in both bilateral and multilateral negotiations by the EU and its Member States;

89.  Insists that the external dimension strand in the Asylum and Migration Fund is fully coherent with the external aid instruments and EU development objectives; proposes that safeguards be put in place to prevent Member States from using this strand of funding merely to curb migration from developing countries;

90.  Supports a migrant-centred and human rights based approach to EU migration policy with the view to enable the Member States and partner countries to respect, protect and fulfil the human rights of all migrants and to enable migrants to claim their rights throughout the migration journey; emphasises that human rights-based and migrant-centred approaches will help to analyse, in a proper way, the root causes of forced migration – notably conflicts, climate change, unemployment and poverty – and ensure that the EU offers adequate responses to these, in line with PCD;

91.  Points out that it is expedient to involve diasporas and diaspora returnees as development agents, the latter being especially relevant in the context of the European financial crisis;

92.  Emphasises the need to further explain the parameters of complementarity and to put in place a coherent and integrated institutional dialogue to plan and manage external and internal funds addressing migration-related issues from a PCD and human rights perspective;

93.  Calls on the Commission and the ACP countries, in the ongoing revision of the ACP-EU Agreement, to include in Article 13 the principles of circular migration and its facilitation by granting circular visas; stresses that the article in question emphasises respect for human rights and equitable treatment of nationals of ACP countries, but that the scope of these principles is seriously compromised by bilateral readmission agreements with transit countries which, taken together, amount to an externalisation by Europe of the management of migration, and which do not guarantee respect for the rights of migrants and may result in 'cascade' readmissions that jeopardise their safety and their lives;

94.  Reaffirms the importance of co-financing NGOs as a principle that motivates grant beneficiaries to contribute to higher accountability and development effectiveness and that improves cooperation of all stakeholders, as recommended by the Istanbul principles(8);

Other Issues

95.  Solicits attention to emphasise the overall framework of good governance and respect for human rights and its catalytic role for development in partner countries in all policy dialogues, irrespective of the five core issues identified for PCD assessment purposes;

96.  Proposes that the concept of 'aid effectiveness' be complemented with the concept of 'development effectiveness' as the latter is more suitable to measure PCD and more convenient for deepening the dialogue with BRICS countries in the field of development policy;

97.  Draws attention to the cross-cutting nature of good governance programmes in developing countries, and encourages further efforts in this regard by the Commission; draws attention as well to the need, in the current period of multiple crises, for better global governance as it has an instrumental role to play in achieving global development; regrets that the Outcome Document of the UN Rio+20 conference lacks the commitment on resource conservation, climate change adaptation and mitigation, and economic sustainability that the EU had called for; urges, nevertheless, the EU to remain closely involved in defining the Sustainable Development Goals (SDGs) and in making them operational by 2015;

98.  Supports the Commission's proposal to create a comprehensive overview of the costs of policies that are not aligned with PCD, and of the benefits, or win-win situations, created by PCD-aligned policies that can be used both for further awareness-raising and training and as a basis for discussion with the European citizens and other affected stakeholders in order to overcome misconceptions which are still prevalent as regards the costs and benefits of PCD; such an analysis would be especially helpful in the fields of migration – where the EU should stress the linkages between migration and development policies, and provide constant information to its people on the benefits of these linkages – and sustainable energy;

99.  Calls on the Commission and the Council to develop a long-term, cross-sectoral EU strategy for development education, awareness-raising and active global citizenship;

100.  Calls on the Member States to develop – or strengthen – national development education strategies and programmes on education in sustainable development, and to make PCD part of their respective curricula;

101.  Points out that the ongoing initiative on Markets for Financial Instruments Directive (MiFID) can make a valuable contribution to the fulfilment of the overarching objectives of the Union's development cooperation by including strict position limits and a strict limitation on exemptions from MiFID, and by strengthening the powers for regulators to intervene in specific products or activities;

102.  Reiterates that, in the interest of transparency and accountability, the EEAS and DEVCO should monitor how the division of responsibilities agreed between the Commission and the EEAS works in practice, and improve it in ways that avoid overlaps and ensure synergies;

103.  Refers to the fact that the EEAS has put forward the concept of ‘EU actorness’ in order to increase the visibility of EU actions; takes the view that this makes PCD even more important, as every negative impact will be associated even more closely with the EU; urges the Commission to make sure that this concept does not contradict other objectives of development policy as formulated by the EU, especially the objectives of ownership and policy space for developing countries;

104.  Suggests that, in line with the Cotonou Agreement and the reference document on 'Engaging Non-State Actors in New Aid Modalities'(9), the EU delegations should undertake a comprehensive mapping of NGOs, CSOs and local authorities relevant for their work in the respective country, especially of local and community-based organizations;

105.  Reiterates that the creation of a Standing Rapporteur for PCD from the ACP countries in the context of the Joint Parliamentary Assembly would facilitate the coordination with, and work of, the EP's Standing Rapporteur on PCD and the relevant department of the Commission and Council, and would help to eliminate obstacles to PCD within developing countries themselves;

106.  Recalls that, in its June 2011 Communication on the Multi-Annual Financial Framework, the Commission had proposed extending the powers of scrutiny of the EDF to Parliament; regrets that this proposal does not feature in the legislative proposal for the 11th EDF;

107.  Underlines that a post-2015 international framework for development cooperation, in order to provide a more comprehensive approach to poverty eradication and sustainable development, should go beyond a traditional interpretation of development cooperation, , leveraging policy coherence for development as an important mechanism and promoting rights-based approaches; points out that such a framework should go beyond the current concept of public action and aid and should involve all countries (developed, developing, emerging) and all actors (traditional and new donors, developing and developed country governments, and local authorities, the private sector, NGOs, social partners, etc.) in a coherent and inclusive process;

108.  Welcomes the fact that the social clause in Article 9 of the Treaty on the Functioning of the European Union (TFEU) applies both within and beyond the EU’s borders;

109.  Stresses the need to ensure that the social provisions enshrined in EU trade agreements are implemented and properly monitored; considers it necessary to ensure that mechanisms for revision and enforcement are available;

110.  Calls on the Commission to include provisions on social standards and on the objectives of full and productive employment, taking into account gender equality and youth, decent work, respect for workers’ rights, including for migrant workers, and gender equality in all EU trade agreement;

111.  Stresses the need to support and spread collective bargaining as a tool for reducing labour market inequalities, ensuring decent work and wages, preventing social dumping and undeclared work, and ensuring fair competition;

112.  Underlines the necessity to respect the conditions of work contracts, stressing that the work performed by young people and women should not represent any type of exploitation, whether in the form of sexual exploitation, forced labour or services, slavery or practices similar to slavery;

113.  Underlines the importance of CSR obligations, and of encouraging employers to apply social standards which are more ambitious than current statutory provisions, including the possibility to develop and obtain a designation such as a social label; calls on the Commission to support the Member States in carefully monitoring the implementation, and ensuring the legal enforcement, of these obligations;

114.  Stresses the importance of establishing PCD focal points also in developing countries to improve information exchanges, inter alia on issues beyond EU competences, such as the socially-inclusive use of resource rents or taxation and remittances, and the impact of the so-called ‘brain drain’ on countries of origin; calls on the Commission to mainstream social policy in the work of the EEAS; believes it is essential also for middle-income countries to commit an increasing proportion of their revenue to social purposes, notably by developing taxation systems and social protection;

115.  Urges the Commission and the Member States to pay greater attention to the participation and integration of migrants, particularly women and children, in receiving countries, and on the portability of social rights;

116.  Calls on the Commission to engage in social dialogue with non-EU labour organisations and trade unions about the implementation of social standards in their respective countries, and to ensure more adequate technical assistance for the implementation of social and fiscal policy;

117.  Asks the Commission to consider scaling up its support for culture-related programmes or cooperation projects with partners from developing countries due to their cross-cutting nature regarding the EU's development objectives;

118.  Highlights that planning for the provision of basic services, such as primary education, needs to focus more forcefully on those specific characteristics of particularly marginalised groups that make the provision of such services more difficult and that limit the ability of the groups to take advantage of what is available;

119.  Underlines the urgent need to change the humanitarian mindset and recognise the vital role of education, especially of education during conflict-related emergencies and in the aftermath of conflicts; regrets that education is still one of the most underfunded areas of humanitarian aid;

120.  Asks the Commission to consider the cross-cutting nature of ICTs in development policies, especially the positive influence they can have on the education system, and stresses that intellectual property rights, technology transfer and local capacity-building require particular attention in that context;

121.  Points out that true banking transactions using mobile phone technology (m-banking) should be distinguished from basic money transfers using such technology (m-payments), and stresses that the need to regulate international money transactions (e.g. to prevent money laundering or terrorism financing) must be reconciled with the need to promote affordable access to money for the poor through the use of mobile phones; suggests that collecting existing best practices would be a useful way to share knowledge and address those challenges;

122.  Regrets that budget support arrangements are still characterised by a lack of citizen and parliamentarian oversight of agreements and their implementation and monitoring;

123.  Reiterates that while budget support should be in line with efforts to promote democratic governance, strengthen developing countries' own economic resources, combat corruption and strengthen the accountability of public spending, it should in the first instance focus on poverty reduction;

124.  Reiterates that the EU's efforts to secure access to raw materials from developing countries must not undermine local development and poverty eradication but instead support developing countries in translating their mineral wealth into real development; stresses that the EU should support good governance, value-addition processes and the financial transparency of governments and commercial undertakings so that local mining sectors can act as catalysts for development;

125.  Stresses that financial transparency is essential for supporting revenue mobilisation and combating tax evasion; insists that the current reform of the EU Accounting and Transparency Directives should include a requirement for listed and large private extractive and timber companies to disclose payments made governments on a project-by-project basis, with reporting thresholds that reflect the size of the payments from the perspective of poor communities;

126.  Takes the view that, while there is a limit to what donor aid can achieve in terms of strengthening domestic accountability, some forms of aid can make a difference, from 'doing no harm' to actually strengthening existing domestic accountability systems, e.g. by involving local CSOs and parliaments of developing countries in the context of sector-wide approaches (SWAp);

127.  Regrets that global health funding and interventions are skewed toward high-visibility events, such as the Asian tsunami, as well as toward a few high-profile infectious diseases (such as HIV/AIDS), obscuring the fact that non-communicable diseases account for 63 % of all deaths worldwide and injuries account for 17 % of the global burden of morbidity, and that women and children die because of the failure to deliver basic care during pregnancy, childbirth and infancy;

128.  Stresses that it can, in line with its responsibility to protect the rights of clinical trials subjects in developing countries and to protect the health of EU citizens, use its right to initiate investigations; proposes that the actions of the European Medicines Agency (EMEA) on certain issues – e.g. its actions to clarify the practical application of ethical standards to clinical trials – be monitored, making sure that EMEA is taking measures to harmonise the application of ethical standards by the responsible authorities;

129.  Asks the Commission to support local civil society groups, particularly women's groups and those that have an agenda focussed on gender issues, through accessible funding and through capacity-building in order for them to be able to fulfil their role as effective development actors and custodians of peace and good government, especially in fragile and conflict situations;

130.  Welcomes the EU plan of Action on Gender Equality and Women's Empowerment in Development, and encourages the monitoring and implementation of gender mainstreaming in EU funded projects at country level; calls on the EU High Representative to take all measures needed to provide adequate and effective training to EU delegation staff members regarding a gender-sensitive approach to peace keeping, conflict-prevention and peace-building;

131.  Welcomes the Commission’s active work, both at the policy level and through its different funding instruments and budget support mechanisms, aimed at stepping up its commitment to foster women’s empowerment, particularly by seeking to integrate the priorities and needs of women in all key PCD areas;

132.  Emphasises the need to maintain reliable statistical data and to record the causes of maternal deaths in accordance with the WHO’s ICD Maternal Mortality coding, which can guide countries and help them improve the attribution and estimation of the causes of maternal mortality;

133.  Reaffirms its declaration A(2010)21584 of the ACP-EU Parliamentary Assembly;

134.  Calls for PCD to favour a participative approach that promotes the empowerment and self-determination of local people and, above all, of women;

135.  Reaffirms the importance of taking account of the situation of women, not simply as a vulnerable section of the population, but also as active facilitators of development policies; notes, in this context, that women are responsible for 80 % of farming in Africa, even if it is still rare for them to have the possibility of owning the land they cultivate; calls, therefore, not only for agricultural and fisheries policies to be integrated into PCD because of their impact on development, but also for them to be assessed in terms of their differential impact on women and men respectively;

136.  Stresses the importance of taking account of the most disadvantaged and vulnerable social groups, notably women and girls, and of paying particular attention to them in order to avoid any further increase in inequality; point out that, as experience has shown, ‘neutral’ measures entrench the existing power structure and that it is essential to take positive, informed, systematic action in the form of measures that improve the situation of women, so as to ensure that such measures benefit the most disadvantaged;

137.  Stresses that the policy of promoting equality between men and women should not only be the subject of a specific budget heading in the context of development policies, but should also be regarded as a cross-cutting issue, since every policy that has an impact on society affects women and men differently, given the persistence of gendered roles in society and the fact that PCD offers a practical means of preventing negative externalities from adversely affecting equality between men and women;

138.  Stresses the need for PCD to incorporate a global approach which extends beyond the family and microsocial level and takes gender relations into account; takes the firm view that this cross-cutting approach to gender issues needs to be incorporated in every development project and every analysis of a society; insist that this approach must apply not only to all sectors but in all political, economic, social, environmental, cultural and other fields; points out that such an approach, which systematically takes account of the situation and role of women and gender relations in a society, is more comprehensive, humanistic and democratic than an approach which sets women apart, in particular as it avoids marginalising women in ‘women’s projects’ or projects which add to women’s workloads or responsibilities without increasing their power or control over the benefits generated by the projects in question;

139.  Affirms that, while the success of development policies and, consequently, of PCD cannot be measured solely by general indicators that have already demonstrated their limitations, such as trends in GDP per inhabitant, other indicators, such as those relating to equality between men and women, should be able to provide a fuller picture of the overall effect of development policies; points out that data, broken down by gender, must therefore be collected on the spot in order to evaluate and enhance the impact of PCD;

140.  Stresses the role of women in leveraging development policies by participating in the formulation and implementation of such policies, thereby ensuring that political and economic negotiations take women’s interests into account and creating a virtuous circle in which women are the driving force behind development policies which, in turn, set up the structures whereby women can be empowered; highlights the importance of supporting civil society organisations and groups which take on the task of promoting gender equality and women’s empowerment;

141.  Notes that women play an essential part in development, since, in their role as mothers and carers for children and other dependent members of the family, they assume responsibility for the family’s general well-being; points out, by way of example, that women play a crucial role in the field of nutrition and food security, particularly in the context of subsistence farming;

142.  Stresses that the situation of women is, in many cases, deteriorating more than that of men, both in relative and absolute terms; notes with concern that there has been an increase in poverty over the last twenty years or so, which has primarily affected women;

143.  Stresses that, although the important role played by women in development policies and development cooperation is very widely recognised, the statistics and quantitative data which specifically relate to women are still inadequate and fail to meet the objective of reporting the situation of women in developing countries, particularly in fields such as health, education, prevention and meeting basic needs; stresses, therefore, that care must be taken to ensure that in all PCD objectives, analyses, documents and assessments the quantitative data is broken down by gender, and that gender-specific indicators are included, in order to take account of women’s real living conditions;

144.  States that every child, regardless of sex, has the right to life, survival and development, and reaffirms that girl children as well have equal status under the UN Convention on the Rights of the Child; calls on EU delegations in developing countries to work with the governments of those countries to ensure that girl children enjoy their rights without discrimination, inter alia by requiring the immediate registration of all children after birth, granting girls and boys equal entitlement to education and schooling, combating stereotypes and ending the unethical and discriminatory practices of prenatal sex selection, abortion of female foetuses, female infanticide, early forced marriage, female genital mutilation and especially child prostitution and sex tourism; reaffirms its resolution of 5 July 2012 on the forced abortion scandal in China(10)

145.  Stresses the need to ensure respect for the right of girl children to express an opinion and to be heard on matters affecting their health and human dignity, emphasising that the best interests of the child must be the first concern; highlights the need of all children, and of girl children in particular, to be brought up in a family environment of peace, dignity, tolerance, freedom, non-discrimination, gender equality and solidarity; calls for the strict implementation of the Geneva Declaration of the Rights of the Child and of the Beijing Declaration on Women;

146.  Recalls that the EU and the Member States must take into account the rights and duties of the parents, legal guardians, or other individuals legally responsible for the child, when dealing with the rights of the child in the context of development assistance; calls on the competent institutions to pay special attention to the relationships between parents and children, for example through programmes containing concrete measures specifically tailored to national requirements, seeking to provide maximum and optimum assistance for parents or guardians in the fulfilment of their parental duties in order to prevent family breakdown, child mistreatment or placement in social care as a result of serious poverty, or to ensure that such a measure is envisaged only as a very last resort;

147.  Asserts that, when implementing the specific clauses on the prohibition on coercion or compulsion in sexual and reproductive health matters agreed on at the Cairo International Conference on Population and Development, as well as the legally binding international human rights instruments, the EU acquis communautaire and the Union policy competencies in these matters, Union assistance should not be provided to any authority, organisation or programme which promotes, supports or participates in the management of any action which involves such human rights abuses as coercive abortion, forced sterilisation of women and men, determining foetal sex resulting in prenatal sex selection or infanticide, especially where such actions set their priorities in response to psychological, social, economic or legal pressure; calls on the Commission to present a report on the implementation of the Union’s external assistance covering this programme;

148.  Expresses great concern about the fact that gender-based violence, especially sexual violence, exploitation and feminicide, is widespread in many parts of the world, in particular in developing countries; stresses that upholding women’s rights, including their sexual and reproductive rights, and safeguarding the respect of their human dignity is essential in order to prevent and combat gender-based violence, provide protection and appropriate counselling to victims, and to ensure that perpetrators are punished; calls on the Commission to make the fight against impunity for the perpetrators of such violence one of the priorities for its development assistance policy;

149.  Points out that women are frequently discriminated against in terms of recognition of their struggles for peace, and that extreme suffering is inflicted on women as such in countries at war; maintains that action of this kind, including the rape of girls by soldiers, forced prostitution, forced impregnation of women, sexual slavery, rape and sexual harassment, and consensual abduction (by means of seduction), are crimes which must not be ignored; asserts that the EU must treat these as fundamental problems to be taken into account;

150.  Points out that particular attention should be paid to gender education of both sexes, starting from an early school stage, so as to gradually change societal attitudes and stereotypes towards parity of men and women;

151.  States that the assistance measures must take into account the specific features of crises or emergencies, and of countries or situations where there is a serious lack of fundamental freedoms, where human security is most at risk or where human rights organisations and defenders operate under the most difficult conditions; stresses that particular attention should be paid to situations in which women are being exposed to physical or psychological violence;

152.  Stresses the importance of promoting women’s human rights and of mainstreaming gender equality in the civil, political, social, economic and cultural spheres, as well as in national legislation;

153.  Underlines the importance of strengthening women’s role in promoting human rights and democratic reform, in supporting conflict prevention and in consolidating political participation and representation;

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

(1) OJ C 46, 24.2.2006, p. 1. (2) OJ C 161 E, 31.5.2011, p. 47. (3) Sen, Amartya: ‘Why Human Security?’, text presented at the ’International Symposium on Human Security‘ in Tokyo, 28 July 2000. (4) ‘Clinical trials in developing countries: How to protect people against unethical practices?’, study prepared by the European Parliament Directorate-General for External Policies of the Union. (5) Isobel Coleman: ‘The global glass ceiling: Why empowering women is good for business’, : Foreign Affairs, vol. 89, May/June 2010, p 13-20; UNFPA: ’State of World Population 2009, Facing a changing world: women, population and climate’. (6) Texts adopted, P7_TA(2011)0264. (7) European Commission, ‘2012 EU Accountability Report on Financing for Development, 9 July 2012 (8) Istanbul principles, as agreed at the Open Forum’s Global Assembly in Istanbul, September 28-30, 2010. (9) Tools and Methods Series, reference document no 12: Engaging Non-State Actors in New Aid Modalities for Better Development Outcomes and Governance. (10) Texts adopted, P7_TA(2012)0301.