European Parliament resolution of 11 September 2013 on endangered European languages and linguistic diversity in the European Union (2013/2007(INI))

P7_TA(2013)0350 A7-0239/2013

The European Parliament,

–  having regard to Articles 2 and 3(3) of the Treaty on European Union,

–  having regard to Articles 21(1) and 22 of the Charter of Fundamental Rights,

–  having regard to the Commission’s Euromosaic study, which establishes that European languages are dying out because the measures in force cannot protect them,

–  having regard to the Unesco Convention of 17 October 2003 for the Safeguarding of Intangible Cultural Heritage, which covers oral traditions and expressions, including language as a vehicle of intangible cultural heritage,

–  having regard to the Unesco Convention of 20 October 2005 on the Protection and Promotion of the Diversity of Cultural Expressions,

–  having regard to Unesco’s Atlas of the World’s Languages in Danger,

–  having regard to the resolution of the Council of Europe’s Congress of Local and Regional Authorities of 18 March 2010 entitled ‘Minority languages – an asset for regional development’ (301/2010)(1),

–  having regard to Report 12423/2010, Resolution 1769/2010 and Recommendation 1944/2010 of the Council of Europe,

–  having regard to the Commission communication of 18 September 2008 entitled ‘Multilingualism: an asset for Europe and a shared commitment’ (COM(2008)0566),

–  having regard to the Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong learning(2),

–  having regard to the Opinion of the Committee of the Regions on protecting and developing historical linguistic minorities under the Lisbon Treaty(3),

–  having regard to the Council Resolution of 21 November 2008 on a European strategy for multilingualism(4),

–  having regard to the Council of Europe’s European Charter for Regional or Minority Languages, opened for signature on 5 November 1992,

–  having regard to the Universal Declaration of Linguistic Rights (1996),

–  having regard to the Framework Convention for the Protection of National Minorities (1995),

–  having regard to its resolution of 14 January 2004 on preserving and promoting cultural diversity: the role of the European regions and international organisations such as Unesco and the Council of Europe(5), and to its resolution of 4 September 2003 on European regional and lesser-used languages – the languages of minorities in the EU – in the context of enlargement and cultural diversity(6),

–  having regard to its resolution of 14 January 2003 on the role of regional and local authorities in European integration(7), which refers to linguistic diversity in Europe,

–  having regard to its resolution of 24 March 2009 on multilingualism: an asset for Europe and a shared commitment(8),

–  having regard to its resolution of 25 September 2008 on community media in Europe(9),

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

–  having regard to the report of the Committee on Culture and Education (A7-0239/2013),

A.  whereas the objective of safeguarding and promoting each and every facet of the European Union’s cultural and linguistic heritage has been bolstered under the Lisbon Treaty;

B.  whereas linguistic and cultural diversity is one of the fundamental principles of the European Union, as enshrined in Article 22 of the Charter of Fundamental Rights, which reads: ‘The Union shall respect cultural, religious and linguistic diversity’;

C.  whereas linguistic diversity is acknowledged as a citizen’s right in Articles 21 and 22 of the Charter of Fundamental Rights, which means that trying to establish the exclusivity of a language is a restriction and a violation of the fundamental values of the Union;

D.  whereas endangered languages should be conceived as part of the European cultural heritage, and not as a vehicle for political, ethnic or territorial aspirations;

E.  whereas all of Europe’s languages are equal in value and worthiness, form an integral part of its cultures and civilisations and contribute to the enrichment of humanity;

F.  whereas cohesive multilingual societies that manage their linguistic diversity democratically and sustainably help to foster plurality and are more open and better placed to form part of the richness that linguistic diversity represents;

G.  whereas all languages, including those which are endangered, reflect historical, social and cultural knowledge and skills, and a mentality and a style of creativity, that form part of the richness and diversity of the European Union and the basis of the European identity; thus the linguistic diversity and the presence of endangered languages within a country should be seen as an asset instead of burden, and so should be supported and promoted;

H.  whereas Unesco, in its Atlas of the World’s Languages in Danger, points out that a language is endangered if it fails to fulfil or scores poorly in relation to one or more of the following scientifically-identified criteria: intergenerational language transmission; absolute number of speakers; proportion of speakers within the total population; usage in various public and private contexts; response to new media; availability of materials for language learning and teaching; governmental and institutional language attitudes and policies, including official status and use; community members’ attitudes towards their own language; type and quality of documentation;

I.  whereas the 2005 Unesco Convention on cultural diversity allows parties to take appropriate measures to protect cultural activities, goods, and services, including measures concerning the languages used for such activities, goods, and services, in order to foster diversity in terms of cultural expressions, both within the territory of parties to the Convention and under international agreements;

J.  whereas the Council of Europe’s European Charter for Regional or Minority Languages, which has been ratified by 16 Union Member States, provides both a frame of reference for the protection of languages in danger of dying out and a means of protecting minorities, two points mentioned in the Copenhagen criteria, which countries must satisfy if they are to join the EU;

K.  whereas according to Unesco there are languages in all European countries, in European territories overseas, and within the EU’s traveller communities, that are only transmitted orally from generation to generation and should be regarded as being endangered; whereas some endangered European languages spoken by cross-border communities enjoy very different levels of protection depending on the Member State or region in which speakers of the language concerned live;

L.  whereas therefore in some countries and regions minority or regional languages exist which are endangered or dying out but which in other, neighbouring, countries are official, majority, languages;

M.  whereas, just like biodiversity in nature, the diversity of European languages and cultures is part of the living heritage that is vital for the sustainable development of our societies, and whereas they should therefore be safeguarded and protected against any risks of extinction;

N.  whereas respect for linguistic diversity makes a positive contribution to social cohesion by boosting mutual understanding, self-esteem and open-mindedness, and whereas linguistic diversity fosters access to culture and contributes to creativity and to the acquisition of intercultural skills, as well as promoting cooperation between peoples and countries;

O.  whereas Article 167 of the Lisbon Treaty clearly states that "the Union shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity", and therefore encourages action intended not only to preserve and safeguard the richness of the Union’s linguistic heritage as part of its diversity, but also to take a step forward in enhancing and promoting this heritage in addition to Member States' policies;

P.  whereas the notion of linguistic diversity in the European Union embraces not only official languages, but also co-official languages, regional languages, and languages that are not officially recognised within the Member States;

Q.  whereas the category of endangered languages also covers languages which are endangered only on a particular territory, where the number of speakers in the community is in significant decline, and cases where the statistics from consecutive censuses show a dramatic drop in the number of speakers of a specific language;

R.  whereas the official languages of the Member States may also be endangered languages in certain areas of the Union;

S.  whereas given the urgent nature of the situation they are facing, special attention ought to be paid to those languages that are in danger of dying out, by recognising multiculturalism and multilingualism, by implementing policy measures that combat existing prejudices against endangered languages, and by adopting an anti-assimilation approach at national and European level;

T.  whereas teaching in people’s mother tongue is the most effective way of learning;

U.  whereas if children are taught their mother tongue from the start, and in parallel therewith learn an official language, they have a natural skill that they can use to learn more languages later on, and whereas linguistic pluralism is an advantage for young Europeans;

V.  whereas the threat to endangered languages in Europe can be reduced through the guarantee of the principle that in the conduct of public business and the administration of justice, the language concerned is treated proportionately on the basis of equality and in the interest of diversity;

W.  whereas protection and transmission of a language depend very often on informal and non-formal education and whereas it is important to recognise the role played in that context by voluntary organisations, the arts, and artists;

X.  whereas the issue of endangered languages does not receive enough specific attention within the Commission’s multilingualism policy; whereas over the last two multiannual financial framework periods (2000-2007 and 2007-2013), European funding for these languages has been cut drastically, which has added to their problems, and whereas this situation must not be allowed to continue into the next multiannual financial framework (2014‑2020);

1.  Calls on the European Union and the Member States to be more attentive to the extreme threat that many European languages, classified as endangered languages, are experiencing, and to commit wholeheartedly to the protection and promotion of the unique diversity of the Union's linguistic and cultural heritage by deploying ambitious proactive revitalisation policies for the languages concerned and by dedicating a reasonable budget to this aim; recommends that these policies should also aim at developing a broader consciousness among EU citizens of the linguistic and cultural richness these communities represent; encourages Member States to produce action plans for the promotion of endangered languages based on shared good practices which are already available within a number of language communities in Europe;

2.  Calls on the governments of the Member States to condemn practices which, by means of linguistic discrimination or enforced or concealed assimilation, have in the past been – or are now – directed against the identity and language use of endangered linguistic communities or their cultural institutions;

3.  Calls on all Member States who have not yet done so to ratify and implement the European Charter for Regional or Minority Languages; points out that the Charter acts as a benchmark for the protection of endangered languages and as one of the minority protection mechanisms specified in the Copenhagen criteria which states must satisfy in order to gain EU accession;

4.  Calls on the Member States and the Commission to honour the commitments that they have entered into by acceding to the 2005 Unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions, be it on their own territory or in connection with international agreements;

5.  Calls on the Union authorities to include effective respect for linguistic diversity, and protection for the most vulnerable European languages in particular, as a condition that must be met by all states wishing to be admitted as an EU Member State;

6.  Calls on the Commission and the governments and regional authorities of the Member States to establish programmes to promote tolerance of endangered linguistic or ethnic communities, respect for their linguistic and cultural values and respect for those communities in society;

7.  Draws the attention of the governments and regional authorities of the Member States to the fact that the survival of an endangered language is tantamount to the survival and development of the community which uses it and that, accordingly, for the purpose of formulating policies to protect it, account should be taken not only of cultural and educational aspects but also of the economic and social dimensions;

8.  Calls on the Commission to propose concrete policy measures for the protection of endangered languages; calls also on the Commission and the Council, within their terms of reference under the Treaty, to adapt EU policies and schedule programmes so as to support the preservation of the endangered languages and linguistic diversity, using EU financial support tools for the period between 2014 and 2020, including: programmes on documentation of these languages, as well as on education and training, social inclusion, youth and sport, research and development, the culture and media programme, the structural funds (cohesion fund, ERDF, ESF, European territorial cooperation, EARDF), and all instruments and exchange platforms designed to promote new technologies, social media, and multimedia platforms, encompassing support for the generation of both content and applications; takes the view that these tools should focus on programmes and actions that demonstrate a positive wider agenda, either culturally or economically, beyond their community and their region; calls on the Commission to consider the administrative and legislative obstacles posed to projects relating to endangered languages on account of the small size of the language communities concerned;

9.  Given that there is no room for delay, calls for the funding earmarked for protective action to be made as readily accessible and as clear as possible so as to ensure that those seeking to use it will, within a set time-frame, be in a position to offer real help to endangered languages;

10.  Takes the view that the European Union should support and encourage Member States to have a language policy that enables children to acquire the endangered language, as a mother tongue, from the very earliest age; points out that such a policy of promoting two or more languages would, as scientifically  demonstrated, benefit and help children learn additional languages later on, while encouraging intergenerational transmission of languages, and that it would offer speakers of endangered languages practical support in revitalising intergenerational language transmission in areas in which it is dwindling;

11.  Supports the reinforcement of teaching endangered languages with appropriate methodologies for students of all ages, including distance learning for the development of true European citizenship based on multiculturalism and linguistic pluralism;

12.  Notes the Commission’s multilingualism programmes; takes the view that promoters of projects must be able to take advantage of the opportunities they offer, and, given that endangered language communities fighting for the survival of endangered languages often consist of small groups of people, urges the Commission not to deem programmes involving these communities ineligible for funding on the grounds of low levels of financial commitment, the limited number of recipients, or the small size of the area concerned, but to facilitate access to, and publicise these programmes, providing guidance on their eligibility for funding; urges Member States to act as intermediaries and supporters of these small endangered language groups and communities to be funded from European funds, whilst recalling that EU funding for the promotion of linguistic diversity should not be redirected from its intended course nor be used to support actions that utilise endangered languages as vehicles for pursuing wider political agendas;

13.  Takes the view that a language revitalisation policy is a long-term effort that must be based on a diverse, coordinated planning of activities in various fields, in particular education (with pre-school and primary school education as a real asset, together with parents' training in the language itself), administration, media programmes (also with the possibility to set up and develop radio and television stations), the arts and in all areas of public life, implying a need for resources to be made available over the long term; takes the view that support should be provided for the drawing-up of such programmes, for exchanges of good practice among language communities, and for the introduction of assessment procedures;

14.  Recalls the importance of continuing the effort to standardise predominantly oral languages;

15.  Calls on the Member States to pay increased attention to and support higher education studies and research with a special focus on endangered languages;

16.  Takes the view that new technologies can provide a tool for fostering the knowledge, dissemination, teaching and preservation of endangered European languages;

17.  Emphasises the importance of the transmission of the endangered languages from generation to generation within families, and the importance of the promotion of the learning of endangered languages within a specific education system if needed; encourages Member States and regional authorities to develop education policies and teaching materials for this reason;

18.  Considers that, in order to revitalise languages, it is likewise important that languages which have become peripheral and whose use is largely confined to family circles should have the right to be used publicly in society;

19.  Calls on the Commission to work in conjunction with international organisations which have set up programmes and initiatives to protect and promote endangered languages, including for example Unesco and the Council of Europe;

20.  Recommends that the Member States monitor the development of the most vulnerable languages, involving both state authorities and the authorities of territories which have their own languages, whether or not these are official languages;

21.  Takes the view that media, especially new media, can play an important role in the protection of endangered languages, particularly for future generations; emphasises, furthermore, the fact that new technologies could also be used in favour of these aims;

22.  Urges – given the fact that the death of the last speaker of a language usually marks that language’s extinction – local authorities in particular to adopt revitalisation measures with a view to changing this state of affairs;

23.  Notes that digitalisation may be one way to prevent languages from dying out; urges, therefore, local authorities to gather together and place online books and recordings in those languages, as well as all other manifestations of linguistic heritage;

24.  Suggests that endangered language communities should be empowered by both the international community and the Member States to recognise that the use and preservation of their own language represents an asset both for their own community and Europe;

25.  Calls on the Commission to provide constant support, via its various programmes, for transnational networks and European-level initiatives and activities that are designed to promote endangered languages, and emphasises that active participation is needed in order to ensure that Unesco’s Atlas of the World’s Languages in Danger is rendered more complete and remains a permanent fixture, and to further develop a homogeneous set of indicators that will make it possible to monitor the state of each language and the results of policies being implemented to prevent its disappearance;

26.  Calls on the Commission to continue the research which began with the Euromosaic study, and to identify examples of proactivity at national level that have resulted in a significant reduction in the threat of a European language becoming extinct; recommends that in order to support exchange of knowledge, expertise and best practices between the different language communities, European language networks conduct an assessment of the policies established in Member States to preserve, protect, and promote endangered languages, and that the Commission issue corresponding recommendations;

27.  Calls on the Commission to support research on the acquisition and revitalisation of endangered languages and on the cognitive and societal benefits of bilingual and multilingual European citizens;

28.  Calls on the Member States which have not yet done so to sign and ratify the European Charter for Regional or Minority Languages (1992) and the Framework Convention for the Protection of National Minorities (1995);

29.  Calls on the Commission to envisage possible actions concerning the protection of endangered languages in the Union;

30.  Calls on the Commission to support both pilot projects that help promote the use of endangered languages and action plans drawn up by the individual language communities themselves;

31.  Takes the view that the Union should support linguistic diversity in its relations with third countries, in particular those wishing to join the EU;

32.  Calls on the Commission to consider whether it might lay down specific European measures to preserve, protect, and promote endangered languages;

33.  Takes the view that programmes related to the promotion of multilingualism are essential for EU neighbourhood/candidate and potential candidate countries’ policy strategies;

34.  Takes the view that Commission support for language revitalisation ought to focus particular attention on initiatives within the field of digital media, including social media, in an effort to ensure that younger generations engage with Europe's endangered languages;

35.  Believes that the Commission should pay attention to the fact that, with their policies, some Member States and regions are endangering the survival of languages inside their borders, even if those languages are not in danger in the European context;

36.  Draws attention to the useful websites that provide information on EU programmes under which funding is available for projects that promote endangered languages, and calls on the Commission to issue a call to update these websites to include the new programmes for the period between 2014 and 2020, and to provide more information on this subject, especially for the attention of the language communities concerned;

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

(1) https://wcd.coe.int/ViewDoc.jsp?id=1671947&Site=DC (2) OJ L 394, 30.12.2006, p. 10. (3) OJ C 259, 2.9.2011, p. 31. (4) OJ C 320, 16.12.2008, p. 1. (5) OJ C 92 E 16.4.2004, p. 322. (6) OJ C 76 E, 25.3.2004, p. 374. (7) OJ C 38 E, 12.2.2004, p. 167. (8) OJ C 117 E, 6.5.2010, p. 59. (9) OJ C 8 E, 14.1.2010, p. 75.

European Parliament resolution of 11 September 2013 with recommendations to the Commission on Parliament's rights in the appointment procedure of future Executive Directors of the European Environment Agency – amendment of Article 9 of Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (2013/2089(INL))

P7_TA(2013)0351 A7-0264/2013

The European Parliament,

–  having regard to Article 225 of the Treaty on the Functioning of the European Union,

–  having regard to Article 9 of Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network(1),

–  having regard to the Joint Statement of the European Parliament, the Council of the EU and the European Commission on decentralised agencies of 19 July 2012,

–  having regard to the Common Approach on EU decentralised agencies annexed to the Joint Statement of 19 July 2012,

–  having regard to Rules 42 and 48 of its Rules of Procedure,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0264/2013),

A.  whereas there is no provision in Regulation (EC) No 401/2009 granting the European Parliament the formal right to hear the candidate selected to be appointed Executive Director of the European Environment Agency;

1.  Requests the Commission to submit as soon as possible, on the basis of Article 192(1) of the Treaty on the Functioning of the European Union, a proposal for an act amending Regulation (EC) No 401/2009 as regards the procedure for appointment of the Executive Director of the European Environment Agency, following the detailed recommendations set out in the Annex hereto;

2.  Confirms that the recommendations respect fundamental rights and the principle of subsidiarity;

3.  Considers that the requested proposal does not have financial implications;

4.  Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, and to the European Environment Agency.

ANNEX TO THE RESOLUTION

DETAILED RECOMMENDATIONS FOR DRAWING UP A EUROPEAN PARLIAMENT AND COUNCIL REGULATION AMENDING REGULATION (EC) NO 401/2009 ON THE EUROPEAN ENVIRONMENT AGENCY AND THE EUROPEAN ENVIRONMENT INFORMATION AND OBSERVATION NETWORK AS REGARDS THE PROCEDURE FOR APPOINTMENT OF THE EXECUTIVE DIRECTOR

A.  PRINCIPLES AND AIMS OF THE PROPOSAL REQUESTED

1.  The aim of this proposal is to align the procedure for appointment of the Executive Director of the European Environment Agency with the procedures in use for the Executive Directors of other agencies, such as the European Chemicals Agency, the European Medicines Agency and the European Food Safety Authority, in particular in order to grant the European Parliament the formal right to hear the candidate selected by the Management Board of the European Environment Agency for the post prior to his or her appointment.

B.  TEXT OF THE PROPOSAL REQUESTED

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EC) No 401/2009 on the European Environment Agency and the European Environment Information and Observation Network as regards the procedure for appointment of the Executive Director

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 192(1) thereof,

Having regard to the European Parliament’s request to the European Commission(2),

Having regard to the proposal from the European Commission,

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

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

Having regard to the opinion of the Committee of the Regions(4),

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)  The first subparagraph of Article 9(1) of Regulation (EC) No 401/2009 on the European Environment Agency and the European Environment Information and Observation Network(5) includes no provision granting the European Parliament a formal right to hear the candidate selected to be appointed Executive Director of the European Environment Agency prior to his or her appointment.

(2)  In accordance with the Framework Agreement on relations between the European Parliament and the European Commission(6), nominees for the post of Executive Director of regulatory agencies should come to parliamentary committee hearings.

(3)  Regulation (EC) No 401/2009 is a codified version of Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation Network(7). Since the entry into force of that act, other regulations establishing other agencies, such as in particular Regulation (EC) No 1907/2006(8) on the European Chemicals Agency, Regulation (EC) No 726/2004(9) on the European Medicines Agency and Regulation (EC) No 178/2002(10) on the European Food Safety Authority, have included the provision that the candidate nominated by the Management Board of the Agency is invited to make a statement to the European Parliament and to answer questions put by its Members.

(4)  It is established practice that the candidate selected by the Management Board of the European Environment Agency for the position of Executive Director is invited without delay to a hearing before the competent committee of the European Parliament.

(5)  Unlike more recent regulations establishing other agencies, such as in particular the European Chemicals Agency, the European Medicines Agency and the European Food Safety Authority, Article 9 of Regulation (EC) No 401/2009 also does not specify the requirement that the Commission select the candidate to the post of Executive Director of the European Environment Agency following a call for expressions of interest published in the Official Journal of the European Union and in other periodicals or on internet sites.

(6)  It is therefore appropriate to align the procedure for appointment of future Executive Directors of the European Environment Agency with the procedures for appointment of the Executive Directors of other agencies, as regards, in particular, the rights of the European Parliament.

(7)  Regulation (EC) No 401/2009 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Amendment to Regulation (EC) No 401/2009

In Article 9(1) of Regulation (EC) No 401/2009, the first subparagraph is replaced by the following:

"1. The Agency shall be headed by an Executive Director appointed by the Management Board on the basis of a list of candidates proposed by the Commission following a call for expressions of interest published in the Official Journal of the European Union and in other periodicals or on internet sites. The term of the office of the Executive Director shall be five years and shall be renewable once.

Before being appointed, the candidate selected by the Management Board shall be invited as soon as possible to make a statement before the European Parliament and to answer questions from its Members.

In advance of that hearing, which is to take place in the Environment, Public Health and Food Safety committee, the candidate shall provide a written roadmap that encompasses his or her strategy for their five-year term of office."

Article 2

Entry into force

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

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

Done at ….,

For the European Parliament For the Council

The President The President

(1) OJ L 126, 21.5.2009, p. 13. (2) OJ ... (3) OJ ... (4) OJ ... (5) OJ L 126, 21.5.2009, p. 13. (6) OJ L 304, 20.11.2010, p. 47. (7) OJ L 120, 11.5.1990, p. 1. (8) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency (OJ L 396, 30.12.2006, p. 1). (9) Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L 136, 30.4.2004, p. 1). (10) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 2/2013 of the European Union for the financial year 2013, Section III – Commission (11693/2013 – C7-0245/2013 – 2013/2056(BUD))

P7_TA(2013)0352 A7-0287/2013

The European Parliament,

–  having regard to Article 314 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

–  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(1),

–  having regard to the general budget of the European Union for the financial year 2013, as definitively adopted on 12 December 2012(2),

–  having regard to the joint declarations on the payments for 2012 and 2013 signed by the Parliament, the Council and the Commission in December 2012,

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

–  having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources(4),

–  having regard to Draft amending budget No 2/2013, which the Commission submitted on 27 March 2013 (COM(2013)0183),

–  having regard to the position on Draft amending budget No 2/2013 which the Council adopted on 9 July 2013 (11693/2013 – C7-0245/2013),

–  having regard to its resolution of 13 March 2013 on the European Council conclusions of 7/8 February concerning the Multiannual Financial Framework(5)

–  having regard to its resolution of 3 July 2013 on the political agreement on the Multiannual Financial Framework 2014-2020(6),

–  having regard to Rules 75b and 75e of its Rules of Procedure,

–  having regard to the report of the Committee on Budgets (A7-0287/2013),

A.  whereas Draft amending budget No 2/2013 to the general budget 2013 proposes to increase both the forecast of revenue stemming from fines and penalties by EUR 290 million and the payments appropriations by EUR 11,2 billion (11 200 million) across headings 1a, 1b, 2, 3a, 3b and 4 of the multiannual financial framework (MFF), with the aim of meeting payment needs until the end of the year by covering obligations stemming from past and current commitments;

B.  whereas the overall amount of payment claims pending at the end of 2012 for cohesion policy (2007-2013), amounting to EUR 16,2 billion, had to be rolled over to 2013, consequently reducing the level of payments available in the budget 2013 to cover the payment needs of this year;

C.  whereas Parliament, the Council and the Commission engaged through a joint declaration in December 2012 to cover all unpaid payment claims for 2012 through an Amending budget at an early stage in 2013;

D.  whereas the political agreement reached on 27 June 2013 at the highest political level between Parliament, the Council Presidency and the Commission on the MFF for the period 2014-2020 included a political commitment from the Council to take all necessary steps to ensure that the Union's obligations for 2013 are fully honoured, to formally adopt Draft amending budget No 2/2013 for EUR 7,3 billion, as well as to adopt without delay a further draft amending budget to be proposed by the Commission in early autumn to avoid any shortfall in justified payment appropriations;

E.  whereas the Council formally adopted its position on Draft amending budget No 2/2013 on 9 July 2013 for an amount of EUR 7,3 billion that will cover outstanding payment needs across headings 1a, 1b, 2, 3a, 3b and 4;

F.  whereas Parliament in its resolution of 3 July 2013 links the adoption by the Council of the further Draft amending budget in early autumn with the adoption of the MFF Regulation or the budget 2014;

1.  Takes note of Draft amending budget No 2/2013 as proposed by the Commission and of Council's position thereon, which is consistent with the political agreement achieved during the MFF 2014-2020 negotiations;

2.  Understands that the overall increase of EUR 11,2 billion was originally proposed by the Commission at this level in order not to challenge the 2013 MFF payment ceiling and, therefore, avoid a revision of the current MFF; expresses fear, however, that it might not be sufficient to cover all payment claims submitted until the end of 2013; reiterates, in particular, that the bulk of invoices under heading 1b are traditionally submitted by Member States towards the end of each financial year in order to prevent possible de-commitments due to the application of n+2 and n+3 rules;

3.  Emphasises the fact that the joint declarations of December 2012 were an integral part of the agreement on the Budget 2013, and represent a formal engagement on the side of the three institutions which must be fully respected as a sign of mutual trust and loyal cooperation; understands, however, the financial constraints which the Member States are subject to and accepts, therefore, that outstanding needs in payments until the end of 2013 (EUR 11,2 billion as estimated by the Commission) are covered in two consecutive steps;

4.  Reminds the Council of the formal commitment it made as part of the political agreement on the MFF 2014-2020 at the explicit request of Parliament to also ensure coverage for the second tranche of outstanding payments that will guarantee the settlement of the payments issue before the new MFF period begins; urges the Commission to present in the early autumn a further Draft amending budget solely devoted to this issue;

5.  Reiterates its position as set out in its resolution of 3 July 2013 on the political agreement on the MFF 2014-2020 that Parliament will not give its consent to the MFF Regulation or will not adopt the Budget 2014 until this new Amending budget, covering the remaining 2013 deficit in payments as identified by the Commission, has been adopted in full by the Council;

6.  Considers the amount of EUR 11,2 billion as a bare minimum to cover the actual needs until the end of 2013; calls on the three institutions to come up with a concrete, binding solution, should the reinforcements proposed in the two tranches of Draft amending budget No 2/2013 prove not to be enough and not fully prevent any shifts of payments to the next MFF;

7.  Considers the Commission as the only institution that can provide the budgetary authority with accurate data on the expected payment needs based on the Member States' claims from year n and their estimates for year n+1; points out that the Council lacks any objective basis to question the figures presented by the Commission, which are based on the aggregation of data from 27 Member States; recalls that each Member State is only responsible for its own data, which are therefore the only figures it can contest;

8.  Reminds that the adoption of Draft amending budget No 3/2013 would reduce the share of the GNI contribution by Member States to the Union budget and therefore partly compensate their contribution to Amending budget No 2/2013; emphasises the fact, therefore, that the two dossiers are subject to a common calendar for adoption, since they are strictly linked from a political point of view;

9.  Approves the Council position on Draft amending budget No 2/2013;

10.  Instructs its President to declare that Amending budget No 2/2013 has been definitively adopted and arrange for its publication in the Official Journal of the European Union;

11.  Instructs its President to forward this resolution to the Council, the Commission and the national parliaments.

(1) OJ L 298, 26.10.2012, p. 1. (2) OJ L 66, 8.3.2013. (3) OJ C 139, 14.6.2006, p. 1. (4) OJ L 163, 23.6.2007, p. 17. (5) Texts adopted, P7_TA(2013)0078. (6) Texts adopted, P7_TA(2013)0304.

European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 3/2013 of the European Union for the financial year 2013, Section III – Commission (11694/2013 – C7-0246/2013 – 2013/2070(BUD))

P7_TA(2013)0353 A7-0284/2013

The European Parliament,

–  having regard to Article 314 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

–  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC Euratom) No 1605/2002(1), and in particular Article 18 thereof,

–  having regard to the general budget of the European Union for the financial year 2013, as definitively adopted on 12 December 2012(2),

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

–  having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources(4),

–  having regard to Draft amending budget No 3/2013, which the Commission submitted on 15 April 2013 (COM(2013)0224),

–  having regard to the position on Draft amending budget No 3/2013 which the Council adopted on 9 July 2013 (11694/2013 – C7-0246/2013),

–  having regard to Rules 75b and 75e of its Rules of Procedure,

–  having regard to the report of the Committee on Budgets (A7-0284/2013),

A.  whereas Draft amending budget No 3/2013 aims to enter in the 2013 budget the surplus from the 2012 financial year, amounting to EUR 1 023,3 million,

B.  whereas the main components of that surplus are an under-spend in expenditure of EUR 244,3 million, a positive outturn on income of more than EUR 719,1 million, and a positive exchange rate difference of EUR 59,9 million,

C.  whereas on the income side, the increase comes mainly from refunds and contributions connected to Union agreements and programs (EUR 350 million), from an increase of own resources actually collected as compared to those budgeted (EUR 231 million) and from fines and interest on late payments (EUR 159 million),

D.  whereas the under-spend in expenditure amounts to EUR 244 million, of which EUR 168 million is against 2012 budget appropriations and EUR 76 million is against carry-overs from 2011,

1.  Takes note of Draft amending budget No 3/2013, which is devoted solely to the budgeting of the 2012 surplus, for an amount of EUR 1 023,3 million, in accordance with Article 18 of the Financial Regulation and Council's position thereon;

2.  Recalls that the adoption of this Draft amending budget will reduce the share of the GNI contribution from Member States to the Union budget and will therefore partly compensate their contribution to the financing of Amending budget No 2/2013; emphasises, therefore, that the two dossiers are subject to a common calendar for adoption since they are strictly linked from a political point of view;

3.  Approves the Council position on Draft amending budget No 3/2013;

4.  Instructs its President to declare that Amending budget No 3/2013 has been definitively adopted and arrange for its publication in the Official Journal of the European Union;

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

(1) OJ L 298, 26.10.2012, p. 1. (2) OJ L 66, 8.3.2013. (3) OJ C 139, 14.6.2006, p. 1. (4) OJ L 163, 23.6.2007, p. 17.

European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 4/2013 of the European Union for the financial year 2013, Section III – Commission, Section IV – Court of Justice of the European Union (11696/2013 – C7-0247/2013 – 2013/2084(BUD))

P7_TA(2013)0354 A7-0285/2013

The European Parliament,

–  having regard to Article 314 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

–  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(1), and in particular to Article 41 thereof,

–  having regard to the general budget of the European Union for the financial year 2013, as definitively adopted on 12 December 2012(2)

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

–  having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources(4),

–  having regard to Draft amending budget No 4/2013, which the Commission submitted on 29 April 2013 (COM(2013)0254),

–  having regard to the position on Draft amending budget No 4/2013 which the Council adopted on 15 July 2013 (11696/2013 – C7-0247/2013),

–  having regard to Rule 75b and 75e of its Rules of Procedure,

–  having regard to the letter of the Committee on Culture,

–  having regard to the report of the Committee on Budgets (A7-0285/2013),

A.  whereas Draft amending budget No 4/2013 aims to modify the establishment plans of the European GNSS Agency by adding 20 posts due to the new tasks entrusted to it, of the Education, Audiovisual and Culture Executive Agency (EACEA) by adding two temporary agents and 13 contract agents due to the extension of its mandate and of the Court of Justice of the European Union by adding seven posts needed for the additional Advocates-General of the Court of Justice of the European Union,

B.  whereas the proposed reinforcements are presented as budgetary neutral since they are planned to be fully offset by corresponding reductions in the Commission's section of the budget and for the Court of Justice of the European Union by the available appropriations within its own section,

C.  whereas the recruitment of the 20 posts in question for the European GNSS Agency is a matter of urgency in order to allow the agency to prepare for its new tasks as of January 2014,

D.  whereas this Draft amending budget includes only the part of the original request of the Court of Justice of the European Union which is based on the Declaration number 38 annexed to the final act of the Intergouvernemental Conference which adopted the Lisbon Treaty, omitting the nine law clerks requested by the Court of Justice of the European Union,

E.  whereas additional law clerks could alleviate the extra burden on the Court of Justice of the European Union, due to the failure of Council until now to agree on any system for adding Judges to the General Court (despite the need for such reform not being contested); whereas such posts have indeed been included in the Draft Budget presented by the Commission for 2014;

1.  Takes note of Draft amending budget No 4/2013 as presented by the Commission and of the Council's position thereon;

2.  Notes with regard to the staff increase for the European GNSS Agency that the offsetting through reductions in Commission staff will not start immediately in 2013 but will only be fully accomplished in the course of the next MFF period;

3.  Is concerned about the misleading presentation of staff savings with regard to the Commission's establishment plan; notes that 13 contract agents and two posts are freed in Commission's direct services but are added to the EACEA establishment plan; notes that as all executive agencies are part of the Commission's administration, no removal from the Commission's budget, as presented, can be detected; is aware that staff employed within executive agencies are paid entirely by operational funds;

4.  Intends to support the additional posts for the Court of Justice of the European Union which the Commission omitted in this Draft, in the context of the annual budgetary procedure 2014;

5.  Approves the Council position on Draft amending budget No 4/2013;

6.  Instructs its President to declare that Amending budget No 4/2013 has been definitively adopted and arrange for its publication in the Official Journal of the European Union;

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

(1) OJ L 298, 26.10.2012, p. 1. (2) OJ L 66, 8.3.2013. (3) OJ C 139, 14.6.2006, p. 1. (4) OJ L 163, 23.6.2007, p. 17.

European Parliament resolution of 11 September 2013 on the proposal for a decision of the European Parliament and of the Council on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2013)0259 – C7-0116/2013 – 2013/2085(BUD))

P7_TA(2013)0355 A7-0283/2013

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2013)0259 – C7–0116/2013),

–  having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(1), and in particular point 26 thereof,

–  having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund(2),

–  having regard to Joint Declaration of the European Parliament, the Council and the Commission, adopted during the conciliation meeting on 17 July 2008 on the Solidarity Fund,

–  having regard to the letter of the Committee on Regional Development,

–  having regard to the report of the Committee on Budgets (A7-0283/2013),

1.  Approves the decision annexed to this resolution;

2.  Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;

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

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on mobilisation of the European Union Solidarity Fund, in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2013/714/EU.)

(1) OJ C 139, 14.6.2006, p. 1. (2) OJ L 311, 14.11.2002, p. 3.

European Parliament resolution of 11 September 2013 on the Council position on Draft amending budget No 5/2013 of the European Union for the financial year 2013, Section III – Commission (11697/2013 – C7-0248/2013 – 2013/2086(BUD))

P7_TA(2013)0356 A7-0286/2013

The European Parliament,

–  having regard to Article 314 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

–  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1),

–  having regard to the general budget of the European Union for the financial year 2013, as definitively adopted on 12 December 2012(2),

–  having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(3), and in particular point 26 thereof,

–  having regard to Decision of the European Parliament and of the Council of 22 July 2013 amending the Interinstitutional Agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multiannual financial framework, to take account of the expenditure requirements resulting from the accession of Croatia to the European Union(4),

–  having regard to Draft amending budget No 5/2013 of the European Union for the financial year 2013, which the Commission adopted on 2 May 2013 (COM(2013)0258),

–  having regard to the position on Draft amending budget No 5/2013 which the Council adopted on 15 July 2013 (11697/2013 – C7-0248/2013),

–  having regard to Rules 75b and 75e of its Rules of Procedure,

–  having regard to the report of the Committee on Budgets (A7-0286/2013),

A.  whereas Draft amending budget No 5/2013 relates to the mobilisation of the EU Solidarity Fund (EUSF) for an amount of EUR 14 607 942 in commitment and payment appropriations in relation to the intense rainfalls and the consequent flooding disaster that hit Slovenia, Croatia and Austria in autumn 2012;

B.  whereas the purpose of Draft amending budget No 5/2013 is to formally enter this budgetary adjustment into the 2013 budget;

1.  Takes note of Draft amending budget No 5/2013, as submitted by the Commission and of the Council's position thereon;

2.  Stresses the urgency in releasing financial assistance through the EUSF to the countries affected by this natural disaster; regrets that the Council has once again decided not to shorten for reasons of urgency, as explicitly foreseen by Article 4 of Protocol 1 of the Treaty, the eight weeks for information of the national parliaments, before adopting its position on this Amending budget;

3.  Welcomes the Council's position which confirms the Commission's proposal without amendment, thus ensuring that Amending budget No 5/2013 is covered by fresh appropriations; recalls that the shortage of payment appropriations for 2013, which was at the origin of the presentation of DAB 2/2013, excluded a priori that the resources for Amending budget No 5/2013 could be provided by redeployment;

4.  Approves therefore the Council position on Draft amending budget No 5/2013;

5.  Instructs its President to declare that Amending budget No 5/2013 has been definitively adopted and arrange for its publication in the Official Journal of the European Union;

6.  Instructs its President to forward this resolution to the Council, the Commission and the national parliaments.

(1) OJ L 298, 26.10.2012, p. 1. (2) OJ L 66, 8.3.2013. (3) OJ C 139, 14.6.2006, p. 1. (4) OJ L 209, 3.8.2013, p. 14.

European Parliament legislative resolution of 11 September 2013 on the proposal for a directive of the European Parliament and of the Council amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources (COM(2012)0595 – C7-0337/2012 – 2012/0288(COD))

P7_TA(2013)0357 A7-0279/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0595),

–  having regard to Article 294(2) and Articles 192(1) and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0337/2012),

–  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 17 April 2013(1),

–  after consulting the Committee of the Regions,

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

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy, the Committee on Development, the Committee on International Trade, the Committee on Transport and Tourism, the Committee on Regional Development and the Committee on Agriculture and Rural Development(A7-0279/2013);

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

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof, in conjunction with Article 114 thereof in relation to Article 1(2) to 1(9) and Article 2(5) to 2(7) of this Directive,

Having regard to the proposal from the European Commission,

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

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

After consulting the Committee of the Regions,

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

Whereas:

(1)  Article 3(4) of Directive 2009/28/EC of the European Parliament and of the Council(4) requires Member States to ensure that the share of energy from renewable energy sources in all forms of transport in 2020 is at least 10 % of their final energy consumption. The blending of biofuels is one of the methods available for Member States to meet this target, and is expected to be the main contributor. Other methods available to meet the target are the reduction of energy consumption, which is imperative because a mandatory percentage target for energy from renewable sources is likely to become increasingly difficult to achieve sustainably if overall demand for energy for transport continues to rise, and the use of electricity from renewable energy sources. [Am. 123]

(2)  In view of the Union’s objectives to further reduce greenhouse gas emissions and the significant contribution that road transport fuels make to those emissions, Article 7a(2) of Directive 98/70/EC of the European Parliament and of the Council(5) requires fuel suppliers to reduce by at least 6% by 31 December 2020 the life cycle greenhouse gas emissions per unit of energy ("greenhouse gas intensity") of fuels used in the Union by road vehicles, non-road mobile machinery, agricultural and forestry tractors and recreational craft when not at sea. The blending of zero or low greenhouse gas emissions biofuels is one of and other fuels derived from unavoidable waste gas using carbon capture and utilisation for transport purposes are among the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels supplied. [Am. 2]

(3)  Article 17 of Directive 2009/28/EC establishes sustainability criteria that biofuels and bioliquids need to comply with in order to be counted towards the targets in the Directive and to qualify for inclusion in public support schemes. These criteria include requirements on the minimum greenhouse gas emission savings that biofuels and bioliquids need to achieve compared to fossil fuels. Identical sustainability criteria are established for biofuels under Article 7b of Directive 98/70/EC.

(3a)  Although Directives 98/70/EC and 2009/28/EC refer to ‘biofuels and bioliquids’, their provisions, including the relevant sustainability criteria, apply to all renewable fuels defined therein. [Am. 4]

(4)  Where pasture or agricultural land previously destined for the food, feed and fibre markets is diverted to biofuel production, the non-fuel demand will still need to be satisfied either through intensification of current production or by bringing non-agricultural land into production elsewhere. The latter case represents indirect land-use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions. Directives 98/70/EC and 2009/28/EC should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land. [Am. 124]

(4a)  Article 19(7) of Directive 2009/28/EC and Article 7d(6) of Directive 98/70/EC require appropriate steps to be taken to address the impact of indirect land-use changes on greenhouse gas emissions, while taking due account of the need to protect investments already made. [Am. 126]

(5)  Based on forecasts of biofuel demand provided by the Member States and estimates of indirect land-use change emissions for different biofuel feedstocks, it is likely that greenhouse gas emissions linked to indirect land-use change are significant, and will could negate some or all of the greenhouse gas savings of individual biofuels. This is because land-based biofuels have received a large amount of public subsidies (EUR 10 billion (EUR 10 000 000 000) a year) and therefore, almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. Furthermore, biofuel production from food crops contributes to food price volatility and may have a significant negative social impact on livelihoods and the ability to implement human rights, including the right to food or access to land for local communities living in poverty in countries outside the Union. In order to reduce such emissions and such negative social impact and mitigate negative effects on food security, it is appropriate to distinguish between crop groups such as oil crops, cereals, sugars and other starch containing crops accordingly. focus, in particular, on reducing the projected use of biofuels grown on land, as well as taking into account indirect land-use change emissions when calculating the greenhouse gas emission savings required under the sustainability criteria set out in Directives 2009/28/EC and 98/70/EC. Furthermore, in order to find medium and long-term solutions, it is necessary to encourage research and development in new advanced biofuels sectors that are not in competition with food crops and to further study the impact of different groups of crops on both direct and indirect land-use changes. [Am. 8]

(6)  Liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions. Advanced biofuels, such as those made from wastes and algae, provide high greenhouse gas savings with low risk of causing indirect land-use change and do not compete directly for agricultural land for the food and feed markets. It is appropriate, therefore, to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities, in part due to competition for public subsidies with established food crop based biofuel technologies. Further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in Directive 2009/28/EC compared to conventional biofuels. In this context, only advanced biofuels with low estimated indirect land-use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework.

(6a)  In order to ensure the efficiency of incentivising measures, particularly those aimed at promoting advanced biofuels, it is essential that the support policies and mechanisms established by Member States provide for the identification, authentication and quality control of biofuel volumes to prevent fraudulent or misleading claims about the origin of a biofuel product, and deter the submission of multiple declarations of biofuels volumes under two or more national systems or international accreditation schemes. [Am. 11]

(6b)  While biofuels and bioliquids produced from waste and residues have the potential to achieve high greenhouse gas emission savings while causing low adverse environmental, social and economic impacts, further assessment of their availability, benefits and risks is appropriate, inter alia, to inform post-2020 policy. At the same time, further information is needed about the energy security benefits of both conventional and advanced biofuels, particularly insofar as fossil fuels are directly or indirectly used for their production. A mandate should be given to the Commission to submit a report and, if appropriate, make proposals to the European Parliament and the Council in relation to these matters. The report should take into account the environmental, social and economic opportunity cost of using raw materials for purposes other than biofuel and bioliquid production in order to ensure that overall positive and adverse impacts are reflected in the report. [Am. 12]

(6c)  In all Member States, conventional and advanced biofuels of a consistent and high quality should be available. To help achieve this goal, the Commission should, as a matter of urgency, give a clear mandate to the European Committee for Standardisation (CEN) to prepare technical performance standards for advanced biofuels and final fuel blends and, where necessary, to revise conventional biofuel standards to ensure that the quality of the final fuel product will not reduce the CO2 emissions performance or the overall operational performance of vehicles. [Am. 13]

(7)  In order to ensure the long-term competitiveness of bio-based industrial sectors, and in line with the 2012 Communication "Innovating for Sustainable growth: A Bioeconomy for Europe" and the Roadmap to a Resource Efficient Europe, promoting integrated and diversified biorefineries across Europe, enhanced incentives under Directive 2009/28/EC should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels or which do not impact on the environment in such a way as to compromise local ecosystems by depriving food crops of land and water. [Am. 129]

(7a)  Coherence between Directive 98/70/EC, Directive 2009/28/EC and legislation in other areas of Union policy should be improved in order to exploit synergies and improve legal certainty. Definitions of waste and residues for the purposes of Directive 98/70/EC and Directive 2009/28/EC should be harmonised with those established by Directive 2008/98/EC of the European Parliament and of the Council(6). The waste and residues streams listed in Directive 98/70/EC and Directive 2009/28/EC should be better identified by means of the waste codes in the European catalogue of waste established by Commission Decision 2000/532/EC(7) in order to facilitate the application of those Directives by competent authorities in the Member States. Promotion of biofuels and bioliquids in accordance with Directive 98/70/EC and Directive 2009/28/EC should be consistent with the objectives and purpose of Directive 2008/98/EC. In order to achieve the Union's goal to move towards a recycling society, the waste hierarchy set out in Article 4 of Directive 2008/98/EC should be fully implemented. With a view to facilitating this, the use of waste and residues for the production of biofuels and bioliquids should become part of the waste management plans and waste prevention programmes established by Member States in accordance with Chapter V of Directive 2008/98/EC. The application of Directive 98/70/EC and Directive 2009/28/EC should not jeopardise the full implementation of Directive 2008/98/EC. [Am. 16]

(8)  The minimum greenhouse gas saving threshold for biofuels and bioliquids produced in new installations should be increased with effect from 1 July 2014 in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance. This increase provides for investment safeguards in biofuels and bioliquids production capacities in conformity with Article 19(6) second subparagraph of Directive 2009/28/EC.

(8a)  In promoting the development of the market in renewable energy carriers and fuels, account should be taken of their impact not only on climate but also on regional and local development opportunities and employment. Production of second-generation and advanced biofuels has the potential to create employment and generate growth, particularly in rural areas. The energy self-sufficiency and security of supply of regions of the Union are also objectives of the promotion of markets in renewable energy and fuels. [Am. 17]

(9)  To prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts in the period to 2020, it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops in part A of Annex VIII to Directive 2009/28/EC and part A of Annex V to Directive 98/70/EC that can be counted towards targets set out in Directive 2009/28/EC. Without restricting the overall use of such biofuels, the share of biofuels and bioliquids produced from cereal and other starch rich crops, sugar and oil crops that can be counted towards the targets of Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed in 2011.

(10)  The 5% 6 % limit set up in Article 3(4)(d) of Directive 2009/28/EC does not affect the Member States' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target. As a consequence, the access to the market of the biofuels produced by the installations in operation before the end of 2013 remains fully open. Therefore this amending directive does not affect the legitimate expectations of the operators of such installations. [Am. 183]

(10a)  Incentives should be provided to stimulate the use of electricity from renewable sources in the transport sector. Furthermore, energy efficiency and energy saving measures in the transport sector should be encouraged. [Am. 133]

(11)  The estimated indirect land-use change emissions should be included in the reporting of greenhouse gas emissions from biofuels under Directives 98/70/EC and 2009/28/EC. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks, should be assigned a zero emissions factor.

(11a)  Member States should be allowed to channel financial resources currently deployed with a view to achieving, either wholly or in part, their share of energy from biofuels produced from cereal and other starch-rich crops, sugars, oil crops and other land-based energy crops into renewable energies – in particular wind, solar, wave and geothermal energy – that have demonstrated their renewability and sustainability. [Am. 22]

(11b)  Voluntary schemes recognised by the Commission are the main instruments that are used by economic operators to show compliance with the sustainability criteria set out in Article 7b of Directive 98/70/EC and Article 17 of Directive 2009/28/EC. However, there is a lack of criteria that those schemes need to comply with in order to obtain recognition. Clearer rules should therefore be laid down. Only schemes that provide effective mechanisms for guaranteeing the independence and reliability of audits and the involvement of local and indigenous communities should be considered as compliant with this Directive. Those schemes should further include clear and stringent rules on the exclusion of consignments of biofuels and bioliquids from the scheme in case of non-compliance with its provisions. In order to monitor and enforce the effective operation of the schemes, the Commission should be able to access and disclose all relevant documents that give rise to concerns about malpractices. [Am. 23]

(11c)  Directive 98/70/EC and Directive 2009/28/EC do not contain any provisions concerning the recognition process of those voluntary schemes and are therefore not effective in ensuring compliance with sustainability criteria and transparent. It is therefore appropriate for the Commission to set mandatory minimum requirements for those schemes to be considered as giving presumption of compliance with sustainability criteria. [Am. 24]

(11d)  The use of land for growing biofuel feedstocks should not result in the displacement of local and indigenous communities. Special measures to protect indigenous communities’ land therefore need to be introduced. [Am. 25]

(11e)  Directives 98/70/EC and 2009/28/EC provide for different treatment for feedstocks according to whether they are classified as waste, residues or co-products. However, the current lack of definitions for these categories is a source of uncertainty which could hamper proper implementation and compliance. An indicative list of the feedstocks in each category should therefore be drawn up. [Am. 27]

(12)  The Commission should review the methodology for estimating land-use change emission factors included in Annexes VIII and V to Directives 2009/28/EC and 98/70/EC respectively in the light of adaptation to technical and scientific progress. To this end, and if warranted by the latest available scientific evidence, the Commission should consider the possibility of revising the proposed crop group indirect land-use change factors, as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market.

(13)  Article 19(8) of Directive 2009/28/EC and Article 7d(8) of Directive 98/70/EC include provisions for encouraging the cultivation of biofuels in severely degraded and heavily contaminated land as an interim measure for mitigating against indirect land-use change. These provisions are no longer adequate in their current form and need to be integrated in the approach laid out in this Directive to ensure that overall actions for minimising emission from indirect land-use change remain coherent.

(14)  It is appropriate to align the rules for using default values to ensure equal treatment for producers regardless of where the production takes place. While third countries are allowed to use default values, EU producers are required to use actual values where they are higher than the default values, or a report has not been submitted by the Member State, increasing their administrative burden. Therefore, current rules should be simplified so that the use of default values is not limited to areas within the Union included in the lists referred to in Article 19(2) of Directive 2009/28/EC and Article 7d(2) of Directive 98/70/EC.

(14a)  With a view to meeting the target for renewable energies in the transport sector while minimising the negative impacts of land-use change, renewable electricity, modal shift, greater use of public transport and energy efficiency should be encouraged. In line with the White Paper on Transport, Member States should therefore seek to secure greater energy efficiency and reduce overall energy consumption in transport and at the same time to enhance the market penetration of electric vehicles and the take-up of renewable electricity in transport systems. [Ams. 29 and 139]

(15)  The objectives of this Directive, to should ensure a single market for fuel for road the transport and non-road mobile machinery sector and ensure respect for that minimum levels of environmental protection from use of this fuel, are respected and adverse effects on food security and land-use rights are avoided in connection with the production and use of such fuel. Since these objectives cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the Functioning of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives. [Am. 30]

(16)  As a consequence of the entry into force of the Treaty on the Functioning of the European Union, the powers conferred under Directives 2009/28/EC and 98/70/EC upon the Commission need to be aligned to Article 290 of that Treaty.

(17)  In order to ensure uniform conditions for the implementation of this Directive, 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(8).

(18)  In order to permit adaptation to technical and scientific progress of Directive 98/70/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the mechanism to monitor and reduce greenhouse gas emissions, the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels, criteria and geographic ranges for determining highly diverse grassland, the methodology for the calculation and reporting of lifecycle greenhouse gas emissions, the methodology for the calculation of indirect land-use change emissions, the permitted level related to the metallic additives content in fuels, the permitted analytical methods related to the fuel specifications and the vapour pressure waiver permitted for petrol containing bioethanol.

(19)  In order to permit adaptation to technical and scientific progress of Directive 2009/28/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in Article 3(4), the energy content of transport fuels, criteria and geographic ranges for determining highly biodiverse grassland, the methodology for the calculation of indirect land-use change emissions, and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids.

(20)  The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available scientific evidence, in limiting indirect land-use change greenhouse gas emissions and addressing ways to further minimise that impact, which could include the introduction of estimated indirect land-use change emission factors in the sustainability scheme as of 1 January 2021.

(21)  It is of particular importance that the Commission in application of this Directive carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(22)  In accordance with the Joint Political Declaration of Member States and the Commission on explanatory documents of 28 September 2011, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified.

(23)  Directives 98/70/EC and 2009/28/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 98/70/EC

Directive 98/70/EC is amended as follows:

-1. In Article 2 the following points are added:"

'9a. "non-food cellulosic material" means land-based non-food energy crops grown for bio-energy production purposes, including miscanthus, other energy grasses, certain varieties of sorghum and industrial hemp, but excluding crops with a high lignin content, such as trees. [Am. 34]

9b.  "non-food ligno-cellulosic material" means land-based woody energy crops such as short-rotation coppice and short-rotation forestry crops. [Am. 35]

9c.  "direct land-use change" means any change in the use of a piece of land from one to another of the six IPCC land cover categories (forest land, cropland, grazing land, wetlands, settlements, other land) plus a seventh category for perennial crops, covering in particular multiannual crops whose stem is usually not annually harvested, such as short-rotation coppice and palm oil. [Am. 36]

9d.  "renewable liquid and gaseous fuels of non-biological origin" means gaseous or liquid fuels other than biofuels whose energy content comes from renewable energy sources other than biomass and which are used in transport.'

[Am. 37]

-1a. In Article 3, paragraph 3 is replaced by the following:"

'3. Member States shall require suppliers to ensure the placing on the market of petrol with a maximum oxygen content of 2,7 % and a maximum ethanol content of 5 % until the end of 2018 and may require the placing on the market of such petrol for a longer period if they consider it necessary. They shall ensure the provision of appropriate information to consumers directly at the fuel filler pump concerning the biofuel content of petrol and, in particular, on the appropriate use of different blends of petrol. In this respect, the marking recommendations of EN228:2012 shall be followed at all fuel filling stations across the Union.'

[Am. 38]

-1b. In Article 4(1), the third subparagraph is replaced by the following:"

'When the percentage of FAME blended in diesel exceeds 7 % by volume, Member States shall ensure the provision of appropriate information concerning the FAME content to consumers directly at the fuel filler pump.'

[Am. 39]

1.  Article 7a is amended as follows:

(-a)  in paragraph 1, the following subparagraph is added:"

'In the case of suppliers of biofuels for use in aviation, Member States shall permit such suppliers to choose to become contributors to the reduction obligation laid down in paragraph 2 to the extent that the biofuels supplied satisfy the sustainability criteria set out in Article 7b.'

[Am. 40]

(-aa)  in paragraph 2, the following subparagraph is added:"

'Member States shall ensure that the maximum contribution of biofuels produced from cereal and other starch rich crops, sugars and oil crops or dedicated energy crops for the purpose of compliance with the target referred to in the first subparagraph does not exceed the maximum contribution established in Article 3(4)(d) of Directive 2009/28/EC.'

[Am. 184/REV]

(a)  in paragraph 5, the introductory phraseis replaced by the following:"

'5. The Commission shall be empowered to adopt delegated acts in accordance with Article 10a concerning in particular:'

(b)  the following paragraph is added:"

'6. Fuel suppliers shall by 31 March each year report to the authority designated by the Member State, the biofuel production pathways, volumes, and the life cycle greenhouse gas emissions per unit of energy, including the estimated indirect land-use change emissions set out in Annex V, Member States shall report these data to the Commission.'

2.  Article 7b is amended as follows:

(a)  paragraph 2 is replaced by the following:"

'2. The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation after 1 July 2014. An installation is “in operation” if the physical production of biofuels has taken place.

In the case of installations that were in operation on or before 1 July 2014 , for the purposes referred to in paragraph 1, biofuels shall achieve a greenhouse gas emission saving of at least 35% until 31 December 2017 and at least 50% from 1 January 2018.

The greenhouse gas emission saving from the use of biofuels shall be calculated in accordance with Article 7d(1).'

(b)  in paragraph 3, the second subparagraph is replaced by the following:"

'The Commission shall be empowered to adopt delegated acts in accordance with Article 10a concerning the criteria and geographic ranges to determine which grassland shall be covered by point (c) of the first subparagraph.'

(ba)  the following paragraph is inserted:"

'4a. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from land-based raw material unless third parties’ legal rights regarding use and tenure of the land are respected, inter alia by obtaining the free prior and informed consent of the third parties, with the involvement of their representative institutions.'

[Am. 49]

(bb)  in paragraph 7, the first sentence of the second subparagraph is replaced by the following: "

'The Commission shall report every two years to the European Parliament and the Council on the impact on social sustainability in the Union and in third countries of increased demand for biofuel, on the contribution of biofuel production to reducing the Union's shortage of vegetable protein and on the impact of Union biofuel policy on the availability of foodstuffs at affordable prices, in particular for people in developing countries, and wider development issues.'

[Am. 50]

2a.  Article 7c is amended as follows:

(a)  in paragraph 3, the third subparagraph is replaced by the following:"

'The Commission shall, in accordance with the advisory procedure referred to in Article 11(3), establish the list of appropriate and relevant information referred to in the first two subparagraphs. It shall seek to ensure maximum compliance with the substantive obligations of this paragraph, while seeking to minimise excessive administrative burden for operators, in particular the smaller ones.'

[Am. 53]

(b)  in paragraph 3, the fifth subparagraph is replaced by the following:"

'Member States shall submit to the Commission, in aggregated form, the information referred to in the first subparagraph of this paragraph, including the reports carried out by the independent auditors. The Commission shall publish that information on the transparency platform referred to in Article 24 of Directive 2009/28/EC.'

[Am. 54]

(c)  in paragraph 4, the first subparagraph is replaced by the following: "

'1. The Union shall endeavour to conclude bilateral or multilateral agreements with third countries containing mandatory commitments on provisions on sustainability criteria that correspond to those of this Directive. Such agreements should also set out rules in order to ensure that third countries' customs procedures do not lead to fraud related to the import and export of biofuels and bioliquids, as well as on provisions on trade facilitation. The Union shall also endeavour to conclude agreements with third countries containing commitments on the ratification and enforcement of ILO Conventions and MEAs as referred to in Article 7b(7). Where the Union has concluded agreements containing mandatory commitments on provisions relating to matters covered by the sustainability criteria set out in Article 7b(2) to (5), the Commission may decide that those agreements demonstrate that biofuels and bioliquids produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, indirect land-use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 7b(7).'

[Am. 55]

(d)  the following paragraphs are added :"

'9a. By [one year after entry into force of this Directive] the Commission shall submit a report to the European Parliament and the Council reviewing the operation of agreements or voluntary schemes for which a decision under paragraph 4 has been adopted and identifying best practices. The report shall be based on the best information available, including from consultation with stakeholders, and shall be based on practical experience in the application of the agreements or schemes. The report shall take into account relevant internationally recognised standards and guidelines, including those developed by the International Organization for Standardization and the ISEAL Alliance. In relation to each agreement and scheme, the report shall analyse, inter alia, the following:

—  independence, modality and frequency of audits;

—  availability and experience in the application of methods for identifying and dealing with non-compliance;

—  transparency, particularly in relation to the accessibility of the scheme, the availability of translations in the official languages of the countries and regions from which raw materials originate, accessibility of a list of certified operators and corresponding certificates, accessibility of auditor reports;

—  stakeholder involvement, particularly as regards the consultation of indigenous and local communities during the drafting and review of the scheme as well as during audits;

—  overall robustness of the scheme, particularly in light of rules on the accreditation, qualification and independence of auditors and relevant scheme bodies;

—  market update of the scheme.

The Commission shall, if appropriate in light of the report, submit a proposal to the European Parliament and the Council for amending the provisions of this Directive relating to voluntary schemes with a view to promoting best practice.

[Am. 58]

9b.  The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning detailed rules governing independent verification and certification of compliance with the waste hierarchy established in Article 4 of Directive 2008/98/EC of the European Parliament and of the Council*. Those delegated acts shall be adopted by 30 June 2016.

______________________

* Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain directives (OJ L 312, 22.11.2008, p. 3).'

[Am. 59]

3.  Article 7d is amended as follows:

(-a)  in paragraph 1, the following subparagraph is added:"

'For the purposes of Article 7a, from 2020 onwards the lifecycle greenhouse gas emissions from biofuels shall be calculated by adding the respective value in Annex V to the result obtained pursuant to the first subparagraph.'

[Am. 60]

(-aa)  the following paragraph is inserted:"

'1a. The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the inclusion in Annex IV of a procedure for calculating greenhouse gas emissions from renewable liquid and gaseous fuels of non-biological origin for the purpose of verifying their compliance with Article 7b. Those delegated acts shall be adopted by 31 December 2015.'

[Am. 61]

(a)  paragraphs 3 to 6 are replaced by the following:"

'3. The typical greenhouse gas emissions from cultivation of agricultural raw materials in the reports referred to in Article 7d(2) in the case of Member States, and in reports equivalent to those in the case of territories outside the Union, may be submitted to the Commission.

4.  The Commission may decide, by means of an implementing act adopted in accordance with advisory procedure referred to in Article 11(3), that the reports referred to in paragraph 3 contain accurate data for the purposes of measuring the greenhouse gas emissions associated with the cultivation of biofuel feedstocks typically produced in those areas for the purposes of Article 7b(2).

5.  By 31 December 2012 at the latest and every two years thereafter, the Commission shall draw up and publish a report on the estimated typical and default values in Parts B and E of Annex IV, paying special attention to greenhouse gas emissions from transport and processing. [Am. 62]

The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the correction of the estimated typical and default values in Parts B and E of Annex IV.

6.  The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the adaptation to technical and scientific progress of Annex V, including by the revision of the proposed crop group indirect land-use change values;. the introduction of For the purpose of the evaluation of the economic models used to estimate such indirect land-use change values, the Commission, shall, in its review, include latest available information with regards to key assumptions influencing modelling results including measured trends in agricultural yields and productivity, co-product allocation and observed global land-use change and deforestation rates. The Commission shall ensure that stakeholders are involved in such a review process. The first such review shall be concluded no later than 30 June 2016.

The Commission shall, if appropriate, propose new indirect land-use change values at further levels of disaggregation; the inclusion of additional values should new biofuel feedstocks come to market as appropriate, review the categories of which biofuels are assigned zero indirect land-use change emissions; and the development of factors for feedstocks from non-food cellulosic and ligno-cellulosic materials.'

[Am. 189]

(b)  in paragraph 7, the first subparagraph is replaced by the following:"

'7. The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the adaptation to technical and scientific progress of Annex IV, including by the addition of values for further biofuel production pathways for the same or for other raw materials and by modifiying the methodology laid down in Part C.'

(c)  paragraph 8 is deleted.

(ca)  the following paragraph is added:"

'8a. The Commission shall be empowered to adopt delegated acts in accordance with Article 10a concerning the establishment of detailed definitions, including technical specifications, required for the categories set out in point 9 of Part C of Annex IV.'

[Am. 65].

4.  Article 8 is amended as follows:

(a)  paragraph 1 is replaced by the following:"

'1. Member States shall monitor compliance with the requirements of Articles 3 and 4, in respect of petrol and diesel fuels, on the basis of the analytical methods referred to in the version in force of the European standards EN 228 and EN 590 respectively.'

(b)  paragraph 3 is replaced by the following:"

'3. Each year by 30 June, the Member States shall submit a report of national fuel quality data for the preceding calendar year. The Commission shall establish a common format for the submission of a summary of national fuel quality by means of an implementing act adopted in accordance with the advisory procedure referred to in Article 11(3). The first report shall be submitted by 30 June 2002. From 1 January 2004, the format for this report shall be consistent with that described in the relevant European standard. In addition, Member States shall report the total volumes of petrol and diesel fuels marketed in their territories and the volumes of unleaded petrol and diesel fuels marketed with a maximum sulphur content of 10 mg/kg. Furthermore, Member States shall report annually on the availability on an appropriately balanced geographical basis of petrol and diesel fuels with a maximum sulphur content of 10 mg/kg that are marketed within their territory.'

5.  In Article 8a, paragraph 3 is replaced by the following:"

'3. The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the revision of the limit for the MMT content of fuel specified in paragraph 2. This revision shall be done on the basis of the results of the assessment carried out using the test methodology referred to in paragraph 1. It may be reduced to zero where justified by the risk assessment. It cannot be increased unless justified by the risk assessment.'

5a.  In Article 9, the following paragraph is added:"

'2a. The Commission should keep under review the performance of biofuels under all seasonal conditions experienced across the Union to ensure that the quality of biofuels used in vehicles does not result in a deterioration of pollutant emissions, CO2 or overall vehicle performance.

The Commission shall be empowered to adopt delegated acts pursuant to Article 10a if necessary, concerning the adaptation to technical and scientific progress of Annex I or II of this Directive to introduce specific parameters, test limits and test methods.'

[Am. 66]

6.  In Article 10, paragraph 1 is replaced by the following:"

'1. The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the adaptation to technical and scientific progress of the permitted analytical methods referred to in Annexes I, II and III.'

7.  The following Article is inserted:"

'Article 10a

Exercise of the delegation

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The delegation of power referred to in Article 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 7d(8a), 8a(3) and 10(1) shall be conferred for an indeterminate period of time from the date of entry into force of this Directive.

3.  The delegation of powers referred to in Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 7d(8a), 8a(3) and 10(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5.  A delegated act adopted pursuant to Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 7d(8a), 8a(3) and 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.'

[Am. 149]

8.  Article 11(4) is deleted.

9.  The annexes are amended as set out in Annex I to this Directive.

Article 2

Amendments to Directive 2009/28/EC

Directive 2009/28/EC is amended as follows:

1.  In Article 2, the following points are added:"

'p) "waste" shall be defined as in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council*. Substances that have been intentionally modified or contaminated to meet that definition are not covered by this category;

(q)  ‘non-food cellulosic material’ means land-based non-food energy crops grown for bio-energy production purposes, including miscanthus, other energy grasses, certain varieties of sorghum and industrial hemp, but excluding crops with a high lignin content, such as trees; [Am. 69]

(r)  ‘non-food ligno-cellulosic material’ means land-based woody energy crops such as short-rotation coppice and short-rotation forestry crops; [Am. 70]

(s)  ‘co-products’ means raw materials which have a market value or alternative uses and materials that constitute a significant outcome of a process in terms of economic value or where the main process has been deliberately modified to produce a larger quantity or another quality of the material at the expense of the main product; [Am. 71]

(t)  ‘renewable liquid and gaseous fuels of non-biological origin’ means gaseous or liquid fuels other than biofuels which are obtained from renewable energy sources and are used in transport; [Am. 72]

(u)  ‘direct land-use change’ means any change in the use of a piece of land from one to another of the six IPCC land cover categories (forest land, cropland, grazing land, wetlands, settlements, other land) plus a seventh category for perennial crops, covering in particular multiannual crops whose stem is usually not annually harvested, such as short-rotation coppice and palm oil; [Am. 74]

(v)  'carbon capture and utilisation (CCU) for transport purposes' means a process that captures carbon (CO/CO2) rich waste and residues gas streams from non-renewable energy sources and transforms them into fuels that are used in the transport sector; [Am. 75]

(w)  ‘processing residue’ is a substance that is not the end product(s) that the production process directly seeks to produce. It is not a primary aim of the production process and the process has not been deliberately modified to produce it. [Am. 76]

_______________________

* Directive 2008/98/EC of the European Parliament and of the Council of 19 November on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3.).'

2.  Article 3 is amended as follows:

(a)  the title is replaced by the following:"

'Mandatory national targets and measures for the use of energy from renewable sources'.

(b)  in paragraph 1, the following subparagraph is added:"

'For the purpose of compliance with target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d.'

(c)  paragraph 4 is amended as follows:

(-i)  in the first subparagraph, the following sentence is added:"

'Each Member State shall ensure that the share of energy from renewable sources in petrol in 2020 is at least 7,5% of the final consumption of energy in petrol in that Member State.' '

(-ii)  the following subparagraphs are inserted after the first subparagraph:"

'In 2016, at least 0,5 % of the final consumption of energy in transport shall be met with energy from advanced biofuels.

In 2020, at least 2,5 % of the final consumption of energy in transport shall be met with energy from advanced biofuels.'

[Am. 152/REV]

(i)  in point (b) of the second subparagraph, the following phrase is added:"

'This point shall be without prejudice to Article 17(1)(a) and point (d) of this paragraph;'

(ii)  in the second subparagraph, the following points are added:"

'(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch rich crops, sugars, and oil and other energy crops grown on land shall be no more than 5%, the estimated share at the end of 2011, 6 % of the final consumption of energy in transport in 2020.

The share of energy from advanced biofuels listed in part A and part C of Annex IX shall be no less than 2,5 % of the final consumption of energy in transport in 2020.

[Am. 181]

(e)  the contribution made by:

(i)  biofuels produced from feedstocks listed in Part A of Annex IX shall be considered to be four times equal to their energy content;

(ii)  biofuels produced from feedstocks listed in Part B of Annex IX shall be considered to be twice their energy content;

(iii)  renewable liquid and gaseous fuels of non-biological origin biofuels produced from feedstocks listed in Part C of Annex IX shall be considered to be four times their energy content.

Member States shall ensure that no raw materials are intentionally modified to be covered by categories (i) to (iii).

With a view to minimising the risk of single consignments being claimed more than once in the Union, the Member States and the Commission shall endeavour to strengthen cooperation among national systems and between national systems and voluntary schemes established pursuant to Article 18, including where appropriate the exchange of data. To prevent materials from being intentionally modified in order to fall under Annex IX, Member States shall encourage the development and use of systems which track and trace feedstocks and the resulting biofuels over the whole value chain. Member States shall ensure that when fraud is detected, appropriate action is taken.

The list of feedstock set out in Annex IX may be adapted to scientific and technical progress, in order to ensure a correct implementation of the accounting rules set out in this Directive. The Commission shall be empowered to adopt delegated acts in accordance with Article 25b concerning the list of feedstock set out in Annex IX'

[Am. 185]

(ca)  the following paragraph is added:"

'4a. By [one year after entry into force of this Directive], the Commission shall make recommendations for additional measures that Member State may take to promote and encourage energy efficiency and energy saving in transport. The recommendations shall include estimates of the quantity of energy that can be saved by implementing each of those measures. The energy quantity corresponding to the measures implemented by a Member State shall be taken into account for the purposes of the calculation referred to in point (b).'

[Am. 153]

2a.  In Article 4, the following paragraph is added:"

'3a. Each Member State shall publish and notify to the Commission by [one year after entry into force of this Directive] a forecast document indicating the additional measures it intends to take in accordance with Article 3(4a)'

[Am. 154]

3.  In Article 5(5), the last sentence is replaced by the following:"

'The Commission shall be empowered to adopt delegated acts in accordance with Article 25b concerning the adaptation of the energy content of transport fuels as set out in Annex III to scientific and technical progress.'

4.  In Article 6(1) the second subparagraph is deleted.

4a.  In Article 15(2), the fourth subparagraph is replaced by the following:"

'The guarantee of origin shall have no function in terms of a Member State’s compliance with Article 3(1). Transfers of guarantees of origin, separately or together with the physical transfer of energy, shall have no effect on the decision of Member States to use statistical transfers, joint projects or joint support schemes for target compliance or on the calculation of the gross final consumption of energy from renewable sources in accordance with Article 5.'

[Am. 88]

5.  Article 17 is amended as follows:

(-a)  in paragraph 1, the introductory part of the first subparagraph is replaced by the following:"

'1. Irrespective of whether the raw materials were cultivated inside or outside the territory of the Community, energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points (a), (b) and (c) only if they fulfil the sustainability criteria set out in paragraphs 2 to 7 and do not exceed contributions set out in Article 3(4)(d):'

[Am. 89]

(a)  paragraph 2 is replaced by the following:"

'2. The greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations starting operation after 1 July 2014. An installation is “in operation” if the physical production of biofuels or bioliquids has taken place.

In the case of installations that were in operation on or before 1 July 2014, for the purposes referred to in paragraph 1, biofuels and bioliquids shall achieve a greenhouse gas emission saving of at least 35 % until 31 December 2017 and at least 50 % from 1 January 2018.

The greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated in accordance with Article 19(1).'

(b)  in paragraph 3, the second subparagraph is replaced by the following:"

'The Commission shall be empowered to adopt delegated acts in accordance with Article 25b to establish the criteria and geographic ranges to determine which grassland shall be covered by point (c) of the first subparagraph.'

(ba)  the following paragraph is inserted:"

'4a. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1(a), (b) and (c) shall not be made from land-based raw material unless third parties’ legal rights regarding use and tenure of the land are respected, inter alia by obtaining the free prior and informed consent of the third parties, with the involvement of their representative institutions.'

[Am. 96]

(bb)  the following paragraph is inserted:"

'5a. Raw materials used for biofuels and bioliquids for the purposes of paragraph 1 shall be produced through sustainable land management practices.'

[Am. 97]

6.  Article 18 is amended as follows:

(a)  the following paragraphs are inserted:"

'2a. Eurostat shall gather and publish detailed trade related information on biofuels produced from food crops, such as those based on cereals and other starch rich crops, sugars and oil crops. Available information shall be disaggregated trade data for both ethanol and biodiesel as current data is published in an aggregated format with ethanol and biodiesel imports and exports combined under one data set labelled biofuels. Import and export data shall identify the type and volumes of biofuels imported and consumed by Member States. Data shall also include the country of origin or the country exporting those products into the Union. Data on the import and export of biofeedstock or semi-processed products shall be improved with Eurostat gathering and publishing information on import or export of feedstocks, type and country of origin, including internally traded feedstocks or semi-traded feedstocks. [Am. 98]

2b.  Eurostat shall gather and publish detailed employment information on the numbers, duration and salaries associated with direct, indirect and induced employment generated by the Union's biofuels industry. The Commission should develop an agreed methodology for measuring jobs which should systematically assess and monitor employment levels in member states and at Union level. Employment figures should be disaggregated by ethanol and biodiesel sectors and clearing identifying the location of the job within the biofuel supply chain. Currently biofuel employment data is not included in official statistics with the employment estimates available to policy-makers varying depending on the underlying definition or methodology adopted by the particular study, the job counting approach applied, and the extent to which studies link agricultural activity to the biofuels industry. A formal process requiring employment figures to be supported by underlying data and transparent assumptions would improve the availability of information.'

[Am. 99]

(b)  in paragraph 4, the first and second subparagraphs are replaced by the following:"

'4. The Union shall endeavour to conclude bilateral or multilateral agreements with third countries containing mandatory commitments on provisions on sustainability criteria that correspond to those of this Directive. Such agreements should also set out rules in order to ensure that third countries' customs procedures do not lead to fraud related to the import and export of biofuels and bioliquids, as well as on provisions on trade facilitation. The Union shall also endeavour to conclude agreements with third countries containing commitments on the ratification and enforcement of ILO Conventions and MEAs as referred to in Article 17(7). Where the Union has concluded agreements containing mandatory commitments on provisions relating to matters covered by the sustainability criteria set out in Article 17(2) to (7), the Commission may decide that those agreements demonstrate that biofuels and bioliquids produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, indirect land-use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 17(7). [Am. 100]

The Commission may shall decide whether voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 17(2) or demonstrate that consignments of biofuel or bioliquid comply with the sustainability criteria set out in Article 17(3) to (5) (5a), and whether any materials have been intentionally modified in order to be covered by points (i) to (iii) of Article 3(4)(e). The Commission may decide that those schemes contain accurate data for the purposes of information on measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and on the issues referred to in the second subparagraph of Article 17(7).

The Commission may also recognise areas for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature for the purposes of Article 17 (3 )(b) (ii). [Am. 101]

The Commission and the Member States shall ensure the mutual recognition of verification schemes safeguarding the compliance with the sustainability criteria for biofuels and bioliquids, where the schemes concerned have been established in accordance with this Directive.'

[Am. 102]

(c)  the following paragraph is added:"

'9a. By [three years after entry into force of this Directive], the Commission shall submit a report to the European Parliament and the Council reviewing the operation of voluntary schemes for which a decision under paragraph 4 has been adopted and identifying best practices. The report shall be based on the best information available, including from consultation with stakeholders, and shall be based on practical experience in the application of the schemes. The report shall take into account the evolution of relevant internationally recognised standards and guidelines, including those developed by the International Organization for Standardization and the ISEAL Alliance. In relation to each scheme, the report shall analyse, inter alia, the following:

—  independency, modality and frequency of audits;

—  availability and experience in the application of methods for identifying and dealing with non-compliance;

—  transparency, particularly in relation to the accessibility of the scheme, the availability of translations in the official languages of the countries and regions from which raw materials originate, accessibility of a list of certified operators and relative certificates, accessibility of auditor reports;

—  stakeholders' involvement, particularly as regards the consultation of indigenous and local communities during the drafting and reviewing of the scheme as well as during audits;

—  overall robustness of the scheme, particularly in light of rules on the accreditation, qualification and independence of auditors and relevant scheme bodies;

—  market update of the scheme.

The Commission shall, if appropriate in light of the report, submit a proposal to the European Parliament and the Council to modify the criteria listed in Article 18(5).'

[Am. 103]

7.  Article 19 is amended as follows:

(-a)  the following paragraph is inserted:"

'1a. The Commission shall be empowered to adopt delegated acts pursuant to Article 25b concerning the inclusion in Annex V of a procedure for calculating greenhouse gas emissions from renewable liquid and gaseous fuels of non-biological origin for the purpose of verifying their compliance with Article 17. Those delegated acts shall be adopted by 31 December 2015.'

[Am. 106]

(a)  paragraphs 3 and 4 are replaced by the following:"

'3. The typical greenhouse gas emissions from cultivation of agricultural raw materials in the reports referred to in Article 19(2) in the case of Member States, and in reports equivalent to those in the case of territories outside the Union, may be submitted to the Commission.

4.  The Commission may decide, by means of an implementing act adopted in accordance with advisory procedure referred to in Article 25(3), that the reports referred to in paragraph 3 contain accurate data for the purposes of measuring the greenhouse gas emissions associated with the cultivation of biofuel and bioliquid feedstocks typically produced in those areas for the purposes of Article 17(2).'

(b)  in paragraph 5, the last sentence is replaced by the following:"

'To this end, the Commission shall be empowered to adopt delegated acts in accordance with Article 25b.'

(c)  paragraph 6 is replaced by the following:"

'6. The Commission shall be empowered to adopt delegated acts pursuant to Article 25b concerning the adaptation to technical and scientific progress of Annex VIII, including the revision of the proposed crop group indirect land-use change values;. the introduction of For the purpose of the evaluation of the economic models used to estimate such indirect land-use change values, the Commission, shall, in its review, include latest available information with regards to key assumptions influencing modelling results including measured trends in agricultural yields and productivity, co-product allocation and observed global land-use change and deforestation rates. The Commission shall ensure that stakeholders are involved in such review process. The first such review shall be concluded no later than 30 June 2016.

The Commission shall, if appropriate, propose new indirect land-use change values at further levels of disaggregation (i.e. at a feedstock level); the inclusion of greenhouse gas emissions resulting from the transport of raw materials; the inclusion of additional values should new biofuel feedstocks come to market as appropriate; and the development of factors for feedstocks from non-food cellulosic and ligno-cellulosic materials.

The Commission shall be empowered to adopt delegated acts pursuant to Article 25b to set out in Annex VIII values for indirect land-use change emissions for feedstocks from non-food cellulosic and ligno-cellulosic materials and shall include those values in the method for calculating the greenhouse gas impact of biofuels and bioliquids provided for in this Article. Those delegated acts shall be adopted by 30 June 2016.'

[Ams. 107 and 190]

(d)  in paragraph 7, the first subparagraph is replaced by the following:"

'7. The Commission shall be empowered to adopt delegated acts pursuant to Article 25b concerning the adaptation of Annex V to technical and scientific progress, including by the addition of values for further biofuel production pathways for the same or for other raw materials and by modifying the methodology laid down in part C'.

(e)  paragraph 8 is deleted.

8.  Article 21 is deleted.

9.  In Article 22, paragraph 2 is replaced by the following:"

'2. In estimating net greenhouse gas emission saving from the use of biofuels, the Member State may, for the purpose of the reports referred to in paragraph 1, use the typical values given in part A and part B of Annex V, and shall add the estimates for any indirect land-use change emissions to be set out in Annex VIII.'

9a.  In Article 23, the following paragraph is inserted:"

'8a. By 31 December 2015 the Commission shall submit a report on the positive and negative environmental and economic impacts of biofuels produced from waste, residues, co-products or non-land using feedstocks. The environmental impacts to be assessed shall include greenhouse gas emissions, biodiversity, water, and soil fertility. The potential or forfeited benefits of using these feedstocks for other purposes, in particular the manufacture of products, shall be taken into account. The economic impacts to be assessed shall include production costs, the opportunity cost of using the feedstocks for other purposes and the life-cycle energy return on investment that may be obtained from using the feedstocks to produce advanced biofuels and bioliquids.'

[Am. 109]

10.  Article 25(4) is deleted.

11.  The following Article is inserted:"

'Article 25b

Exercise of the delegation

1.  The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in this Article.

2.  The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), and Article 19(1), (5), (6) and (7) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Directive].

3.  The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19 (5), 19 (6) and 19 (7) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of 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 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19 (5), 19 (6) and 19 (7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.'

12.  The annexes are amended as set out in Annex II to this Directive.

Article 3

Review

The Commission shall, before 31 December 2017, submit a report to the European Parliament and to the Council reviewing, on the basis of the best latest available scientific evidence, the effectiveness of the measures introduced by this Directive in limiting indirect land-use change greenhouse gas emissions associated with the production of biofuel and bioliquids. The report shall, if appropriate, be accompanied by a legislative proposal based on the best available scientific evidence, for introducing estimated indirect land-use change emissions factors into the appropriate sustainability criteria to be applied from 1 January 2021. and

The report shall also include a review of the effectiveness of the incentives provided for biofuels from non-land using feedstocks and non-food crops under Article 3(4)(d) of Directive 2009/28/EC. It shall include an assessment of the availability of such biofuels and of their environmental, economic and social impacts. It shall inter alia asses the impact of biofuel production on the availability of wood as a resource and on sectors using biomass.

The report shall, if appropriate, be accompanied by a legislative proposal for establishing appropriate sustainability criteria for biofuels from non-land using feedstocks and non-food crops.

Investors shall take into account the fact that biofuel production technologies are still under development and further measures to mitigate negative impacts may be adopted at a later stage. [Am. 111]

Article 4

Transposition

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [twelve months after entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

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

Article 5

Entry into force

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

Article 6

This Directive is addressed to the Member States.

Done at …

For the European Parliament For the Council

The President The President

ANNEX I

The annexes to Directive 98/70/EC are amended as follows:

(1)  in Annex IV, part C is amended as follows:

(a)  point 7 is replaced by the following:

'7. Annualised emissions from carbon stock changes caused by land-use change, el, shall be calculated by dividing total emissions equally over 20 years. For the calculation of these emissions the following rule shall be applied:

el = (CSR – CSA) × 3,664 × 1/20 × 1/P,

where

el = annualised greenhouse gas emissions from carbon stock change due to land-use change (measured as mass (grams) of CO2-equivalent per unit biofuel energy (megajoules));

CSR = the carbon stock per unit area associated with the reference land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). The reference land-use shall be the land use in January 2008 or 20 years before the raw material was obtained, whichever was the later;

CSA = the carbon stock per unit area associated with the actual land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). In cases where the carbon stock accumulates over more than one year, the value attributed to CSA shall be the estimated stock per unit area after 20 years or when the crop reaches maturity, whichever the earlier; and

P = the productivity of the crop (measured as biofuel or energy per unit area per year).'

(b)  points 8 and 9 are deleted.

(2)  The following Annex is added:

'Annex V

Part A. Estimated indirect land-use change emissions from biofuels

Part B. Biofuels for which the estimated indirect land-use change emissions are considered to be zero

Biofuels produced from the following feedstock categories will be considered to have estimated indirect land-use change emissions of zero:

(a)  feedstocks which are not included under Part A of this Annex.

(b)  feedstocks whose production has led to direct land-use change, i.e. a change from one of the following IPCC land cover categories; forest land, grassland, wetlands, settlements, or other land, to cropland or perennial cropland(9). In such a case a "direct land-use change emission value (el) should have been calculated in accordance to Part C, point 7 of Annex IV.'

ANNEX II

The annexes to Directive 2009/28/EC are amended as follows:

(1)  in Annex V, part C is amended as follows:

(a)  point 7 is replaced by the following:

'7. Annualised emissions from carbon stock changes caused by land-use change, el, shall be calculated by dividing total emissions equally over 20 years. For the calculation of these emissions the following rule shall be applied:

el = (CSR – CSA) × 3,664 × 1/20 × 1/P,

where

el = annualised greenhouse gas emissions from carbon stock change due to land-use change (measured as mass (grams) of CO2-equivalent per unit biofuel energy (megajoules));

CSR = the carbon stock per unit area associated with the reference land use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). The reference land-use shall be the land-use in January 2008 or 20 years before the raw material was obtained, whichever was the later;

CSA = the carbon stock per unit area associated with the actual land-use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). In cases where the carbon stock accumulates over more than one year, the value attributed to CSA shall be the estimated stock per unit area after 20 years or when the crop reaches maturity, whichever the earlier; and

P = the productivity of the crop (measured as biofuel or bioliquid energy per unit area per year).'

(b)  points 8 and 9 are deleted.

(2)  The following Annex VIII is added:

'Annex VIII

Part A. Estimated indirect land-use change emissions from biofuel and bioliquid feedstocks

Part B. Biofuels and bioliquids for which the estimated indirect land-use change emissions are considered to be zero

Biofuels and bioliquids produced from the following feedstock categories will be considered to have estimated indirect land-use change emissions of zero:

(a)  feedstocks which are not included under Part A of this Annex.

(b)  feedstocks whose production has led to direct land use change, i.e. a change from one of the following IPCC land cover categories; forest land, grassland, wetlands, settlements, or other land, to cropland or perennial cropland(10). In such a case a "direct land use change emission value (el) should have been calculated in accordance to Part C, paragraph 7 of Annex V.'

[Am. 164]

(3)  The following Annex IX is added:

'Annex IX

Part A. Feedstocks from waste and residues whose contribution towards the target referred to in Article 3(4) shall be considered to be four times equal to their energy content and which contribute towards the 2,5 % target referred to in point (d) of the second subparagraph of Article 3(4)

(a)  Algae.

(b)  Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets or separate collection under Article 11(1) and (2)(a) of Directive 2008/98/EC; derogations may be granted by Member States for separate biowaste where processes allow the production of both compost and biofuels.

(c)  Biomass Biodegradable fraction of industrial, retail and wholesale waste, but not waste subject to separate collection under Article 11(1) of Directive 2008/98/EC, and provided that the waste hierarchy and the principle of cascading use are respected.

(d)  Straw.

(e)  Animal manure and sewage sludge.

(f)  Palm oil mill effluent and empty palm fruit bunches.

(g)  Tall oil pitch.

(h)  Crude glycerine.

(i)  Bagasse.

(j)  Grape marcs and wine lees.

(k)  Nut shells.

(l)  Husks.

(m)  Cobs

(n)  Bark, branches, leaves, saw dust and cutter shavings.

(na)  Ligno-cellulosic material except saw logs and veneer logs.

Part B. Feedstocks from waste and residues whose contribution towards the target referred to in Article 3(4) shall be considered to be twice their energy content

(a)  Used cooking oil.

(b)  Animal fats classified as category I and II in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council*.

(c)  Non-food cellulosic material.

(d)  Ligno-cellulosic material except saw logs and veneer logs.

Part C. Feedstocks whose contribution towards the target referred to in Article 3(4) shall be considered to be four times their energy content and which contribute towards the 2,5 % target referred to in point (d) of the second subparagraph of Article 3(4)

(a)  Algae (autotrophic).

(b)  Renewable liquids and gaseous fuels of non-biological origin.

(c)  Carbon Capture and Utilisation for transport purposes.

(d)  Bacteria.

––––––––––––––––––––––––––––––

* Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (OJ L 273, 10.10.2002, p. 1).'

[Am. 186]

(1) OJ C 198, 10.7.2013, p. 56. (2) OJ C 198, 10.7.2013, p. 56. (3) Position of the European Parliament of 11 September 2013. (4) Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16). (5) Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58). (6) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). (7) Commission Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (OJ L 226, 6.9.2000, p. 3). (8) 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 the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). (9) Perennial crops are defined as multi-annual crops whose stem is usually not annually harvested such as short rotation coppice and oil palm as defined in (2010/C 160/02). (10) Perennial crops are defined as multi-annual crops whose stem is usually not annually harvested such as short rotation coppice and oil palm as defined in (2010/C 160/02)

European Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel (COM(2012)0413 – C7-0202/2012 – 2012/0201(COD))

P7_TA(2013)0358 A7-0242/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0413),

–  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 (C7‑0202/2012),

–  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 14 November 2012(1),

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

–  having regard to the report of the Committee on Fisheries (A7-0242/2013),

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

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1100/2007 establishing measures for the recovery of the stock of European eel

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 43(2) thereof,

Having regard to the proposal from the European Commission,

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

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

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

Whereas:

(-1) Based on information to be provided by Member States, the Commission should produce a report on the outcome of the implementation of the Eel Management Plans and, if necessary, propose, as a matter of urgency, appropriate measures to achieve, with a high probability, the recovery of the European eel. [Am. 1]

(1)  Council Regulation (EC) No 1100/2007(4) confers powers upon the Commission in order to implement some of the provisions of that Regulation.

(2)  As a consequence of that the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1100/2007 upon the Commission need to be aligned to Articles 290 and Article 291 of the Treaty on the Functioning of the European Union. [Am. 2]

(3)  In order to apply certain provisions of Regulation (EC) No 1100/2007, 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 taking measures to address a significant decline of average market prices for eels used for restocking, as compared to those of eels used for other purposes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, based on latest scientific advice and scientific recommendations, especially at expert level, so as to ensure that the information available to it will be impartial, accurate, complete, and up to date. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous and timely transmission of relevant documents to the European Parliament and to the Council. [Am. 3]

(4)  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work for the adoption of delegated acts, including at expert level. [deletion arising from the adoption of am. 3]

(5)  The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. [Am. 4]

(6)  In order to ensure uniform conditions for the implementation of the provisions of Regulation (EC) No 1100/2007 concerning the approval of Eel Management Plans by the Commission on the basis of the best and most recent technical and scientific data information available, implementing powers should be conferred upon the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(5). [Am. 5]

(6a)  ICES should provide new and more comprehensive advice on the status of eel stocks in 2013. In preparing such advice, ICES should look at all the causes of reduction in the eel stocks, including in relation to spawning grounds. In the event that ICES confirms that the status of the eel stock remains critical, the Commission should as soon as possible submit a proposal for a new regulation on the recovery of the stock of European eel. That regulation should also cover long-term solutions, such as ways to unblock migratory pathways. [Am. 6]

(7)  The Commission will not be in a position to report to the European Parliament and the Council on the measures concerning restocking, including the evolution of market prices by 1 July 2011, due to late transmission by some Member States of the relevant information. The deadline for this report should therefore be postponed to 31 December 2012.

(7a)  It is important that the Commission penalise Member States which have not forwarded or analysed all the data available to them in order to enable an exhaustive and scientifically sound inventory of the situation regarding European eel to be drawn up. [Am. 7]

(8)  The provision of Regulation (EC) No 1100/2007 concerning the power to adopt alternative measures for the achievement of escapement targets confers the power to amend this non-essential element of that Regulation on the Council. As such decision making procedure is no longer possible under the TFEU, the provision concerned should be deleted.

(9)  It was established by Commission Decision 2008/292/EC(6) that the Black Sea and the river systems connected to it did not constitute a natural eel habitat for European eel for the purposes of Regulation (EC) No 1100/2007. Therefore Article 1(2) of that Regulation has become obsolete and should be deleted.

(10)  Commission Decision 2009/310/EC(7) approved requests by Cyprus, Malta, Austria, Romania and Slovakia to be exempted from the from the obligation to prepare an Eel Management Plan. There are no pending requests for exemption from that obligation. Therefore Article 3 of Regulation (EC) No 1100/2007 has become obsolete and should be deleted.

(11)  Regulation (EC) No 1100/2007 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1100/2007 is amended as follows:

(1)  In Article 1, paragraph 2 is deleted.

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

“1. Member States shall identify and define the individual river basins lying within their national territory that constitute natural habitats for the European eel (eel river basins), which may include maritime waters.”

[Am. 9]

(1b)  In Article 2, paragraph 10 is replaced by the following:"

“10. In the Eel Management Plan, each Member State shall implement as soon as possible appropriate measures to reduce the mortality of eel caused by factors outside the fishery, including hydroelectric turbines and pumps. Further measures shall be taken where necessary to reduce mortality caused by other factors in order to meet the targets of the Plan.”

[Am. 10]

(2)  Article 3 is deleted.

(3)  In Article 5, paragraph 1 is replaced by the following:"

"1. The Eel management plans shall be approved by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 12b(2)."

(3a)  In Article 5, paragraph 4 is replaced by the following:"

"4. A Member State which has submitted an Eel Management Plan to the Commission for approval not later than 31 December 2008, which cannot be approved by the Commission in accordance with paragraph 1 or which does not comply with the reporting and evaluation conditions set out in Article 9, shall either reduce fishing effort by at least 50 % relative to the average effort deployed from 2004 to 2006 or reduce fishing effort to ensure a reduction in eel catches by at least 50 % relative to the average catch from 2004 to 2006, either by shortening the fishing season for eel or by other means. This reduction shall be implemented within three months of the decision not to approve the plan or within three months of failure to meet a reporting deadline."

[Am. 11]

(3b)  In Article 5, the following paragraph is added:"

"7. Starting on 1 January 2014, all Eel Management Plans shall be revised and updated every two years, taking into consideration the latest scientific advice."

[Am. 12]

(4)  In Article 7, paragraphs 6 and 7 are replaced by the following:"

"6. In the event of a significant decline of average market prices for eels used for restocking, as compared to those of eels used for other purposes, the Member State concerned shall inform the Commission. The Commission, by means of delegated acts adopted in accordance with Article 12a and in order to address the situation, may temporarily reduce the percentages of eels used for restocking as referred to in paragraph 2 where the Eel Management Plan complies with Article 2(4).

7.  The Commission shall, not later than 31 December 2012 2013, report to the European Parliament and the Council and evaluate the measures concerning restocking, including taking into account the latest scientific advice on the conditions in which restocking is likely to contribute to an increase of the spawning stock biomass. In such report, the Commission shall review the evolution of market prices."

[Am. 13]

(4a)  In Article 7, paragraph 8 is replaced by the following:"

[Am. 14]

(5)  In Article 9, paragraph 3 is deleted replaced by the following:"

"Article 9

Reporting and evaluation

1.  Member States shall collect research data in order to quantify the impact of measures taken on the eel stock, find mitigation measures and recommend management targets. Member States shall report to the Commission initially every third year, with the first report to be presented by 30 June 2012 and shall make the information available to designated scientific bodies. Thereafter, the frequency of reporting shall increase to once every two years, after the first tri-annual report has been submitted. Reports shall outline monitoring, implementation, effectiveness and outcome, and in particular shall provide the best available estimates of:

2.  The Commission shall present to the Parliament and the Council, by 31 October 2013, a report consisting of a statistical and scientific evaluation of the results of the implementation of the eel management plans, along with an opinion from the STECF. Based on the findings of that report, the Commission may submit proposals to broaden the scope of the Regulation to include eel mortality factors other than fishery.

3.  The Commission shall, no later than 31 December 2013, present an evaluation of Union and international trade in European eels, that focuses, in particular, on compliance with the obligations of the Union under CITES, and an estimation of illegal trade in European eels in Member States. Such report shall identify inconsistencies in the different data sets available and suggest measures to improve monitoring of trade, including a modification of the existing custom codes to allow for more effective monitoring."

[Am. 15]

(5a)  The following article is inserted:"

"Article 9a

Follow-up measures

Taking into consideration the findings in the reports referred to in Article 7(7) and Article 9(2) and (3), as well as any new and more comprehensive advice provided by ICES on the status of the European eel stock in 2013, the Commission shall, no later than 31 March 2014, present a new legislative proposal to the Parliament and to the Council aimed at achieving, with high probability, the recovery of the stock of European eel. In doing so, the Commission may consider ways of broadening the scope of this Regulation to include mortality caused by factors outside the fisheries."

[Am. 16]

(6)  The following articles are inserted:"

"Article 12a

Exercise of the delegation

1.  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.  The delegation of powers power to adopt delegated acts referred to in Article 7(6) shall be conferred on the Commission for an indeterminate a period of time three years starting from …(8). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

[Am. 17]

3.  The delegation of powers referred to in Article 7(6) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5.  A delegated act adopted pursuant to Article 7(6) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

Article 12b

Committee procedure

1.  The Commission shall be assisted by the Committee for Fisheries and aquaculture established by Article 30 of Regulation (EC) No 2371/2002. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council*.

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

________________

* 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 (OJ L 55, 28.2.2011, p. 13)."

Article 2

This Regulation shall enter into force on the 20th day following that of its publications 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 For the Council

The President The President

(1) OJ C 11, 15.1.2013, p. 86. (2) OJ C 11, 15.1.2013, p. 86. (3) Position of the European Parliament of 11 September 2013. (4) Council Regulation (EC) No 1100/2007 of 18 September 2007 establishing measures for the recovery of the stock of European eel (OJ L 248, 22.9.2007, p. 17). (5) 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 (OJ L 55, 28.2.2011, p. 13). (6) Commission Decision 2008/292/EC of 4 April 2008 establishing that the Black Sea and the river systems connected to it do not constitute a natural habitat for European eel for the purposes of Council Regulation (EC) No 1100/2007 (OJ L 98, 10.4.2008, p. 14). (7) Commission Decision 2009/310/EC of 2 April 2009 approving requests by Cyprus, Malta, Austria, Romania and Slovakia for exemption from the obligation to prepare an Eel Management Plan in accordance with Council Regulation (EC) No 1100/2007 (OJ L 91, 3.4.2009, p. 23). (8) *Date of entry into force of this Regulation.

European Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council laying down the Union Customs Code (recast) (COM(2012)0064 – C7-0045/2012 – 2012/0027(COD))

P7_TA(2013)0359 A7-0006/2013

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0064),

–  having regard to Article 294(2) and Articles 33, 114 and 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7–0045/2012),

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

–  after transmission of the draft legislative act to the national parliaments,

–  having regard to the opinion of the European Economic and Social Committee of 23 May 2012(1),

–  having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(2),

–  having regard to the letter of 12 July 2012 from the Committee on Legal Affairs to the Committee on the Internal Market and Consumer Protection in accordance with Rule 87(3) of its Rules of Procedure,

–  having regard to the undertaking given by the Council representative by letter of 22 May 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rules 87 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinion of the Committee on International Trade (A7-0006/2013),

1.  Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council laying down the Union Customs Code

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 952/2013.)

(1) OJ C 229, 31.7.2012, p. 68. (2) OJ C 77, 28.3.2002, p. 1.

European Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community (COM(2011)0855 – C7-0468/2011 – 2011/0416(COD))

P7_TA(2013)0360 A7-0179/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0855),

–  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 (C7–0468/2011),

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

–  having regard to the opinion of the European Economic and Social Committee of 22 February 2012(1),

–  having regard to the undertaking given by the Council representative by letter of 27 May 2013 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 (A7-0179/2012),

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 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1318/2013.)

(1) OJ C 143, 22.5.2012, p. 149.

European Parliament legislative resolution of 11 September 2013 on the proposal for a regulation of the European Parliament and of the Council amending Directives 1999/4/EC, 2000/36/EC, 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred on the Commission (COM(2012)0150 – C7-0089/2012 – 2012/0075(COD))

P7_TA(2013)0361 A7-0045/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0150),

–  having regard to Article 294(2) and Articles 43(2) and 114(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7–0089/2012),

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

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

–  having regard to the opinion of the European Economic and Social Committee of 23 May 2012(1),

–  having regard to the undertaking given by the Council representative by letter of 28 May 2013 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 the Environment, Public Health and Food Safety (A7-0045/2013),

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

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

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

Position of the European Parliament adopted at first reading on 11 September 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Directives 1999/4/EC and 2000/36/EC of the European Parliament and of the Council and Council Directives 2001/111/EC, 2001/113/EC and 2001/114/EC as regards the powers to be conferred on the Commission

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1021/2013.)

(1) OJ C 229, 31.7.2012, p. 143.

European Parliament legislative resolution of 11 September 2013 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (05674/2013 – C7-0110/2013 – 2012/0271(NLE))

P7_TA(2013)0362 A7-0266/2013

(Consent)

The European Parliament,

–  having regard to the draft Council decision (05674/2013),

–  having regard to the draft Agreement between the European Union and the Republic of Cape Verde on facilitating the issue of short-stay visas to citizens of the Republic of Cape Verde and of the European Union (14203/2012),

–  having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7–0110/2013),

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

–  having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A7-0266/2013),

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 Cape Verde.

European Parliament legislative resolution of 11 September 2013 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation (14546/2012 – C7-0109/2013 – 2012/0268(NLE))

P7_TA(2013)0363 A7-0267/2013

(Consent)

The European Parliament,

–  having regard to the draft Council decision (14546/2012),

–  having regard to the draft Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation (14759/2012),

–  having regard to the request for consent submitted by the Council in accordance with Article 79(3) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7–0109/2013),

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

–  having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs (A7-0267/2013),

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 Cape Verde.

European Parliament resolution of 11 September 2013 on implementation of the EU Youth Strategy 2010-2012 (2013/2073(INI))

P7_TA(2013)0364 A7-0238/2013

The European Parliament,

–  having regard to the Commission communication of 10 September 2012 entitled ‘Draft 2012 Joint Report of the Council and the Commission on the implementation of the renewed framework for European cooperation in the youth field (EU Youth Strategy 2010-2018)’ (COM(2012)0495), and the corresponding Commission staff working document (SWD(2012)0256),

–  having regard to its resolution of 18 May 2010 on ‘An EU Strategy for Youth – Investing and Empowering’(1),

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

–  having regard to the Commission proposal of 23 November 2011 on a Regulation of the European Parliament and of the Council establishing ‘ERASMUS FOR ALL’ - the Union Programme for Education, Training, Youth and Sport (COM(2011)0788),

–  having regard to the Commission communication of 20 November 2012 on ‘Rethinking Education: Investing in skills for better socio-economic outcomes’ (COM(2012)0669),

–  having regard to the Commission communication of 15 September 2010 on ‘Youth on the Move – An initiative to unleash the potential of young people to achieve smart, sustainable and inclusive growth in the European Union’ (COM(2010)0477),

–  having regard to the Commission communication of 29 April 2009 on ‘An EU Strategy for Youth - Investing and Empowering. A renewed open method of coordination to address youth challenges and opportunities of youth’ (COM(2009)0200), and the corresponding Commission staff working document (SEC(2009)0549),

–   having regard to the Commission proposal of 5 December 2012 entitled ‘Towards a Quality Framework on Traineeships - Second-stage consultation of the social partners at European level’ (COM(2012)0728),

–  having regard to the Commission communication entitled ‘EU 2020: a strategy for smart, sustainable and inclusive growth’ (COM(2010)2020),

–  having regard to the Commission communication of 16 December 2010 entitled ‘The European Platform against Poverty and Social Exclusion: A European framework for social and territorial cohesion’ (COM(2010)0758),

–  having regard to the Council conclusions of 12 May 2009 on a strategic framework for European cooperation in education and training (‘ET 2020’)(2),

–  having regard to its resolution of 12 May 2011 on ‘Youth on the Move: A framework for improving Europe’s education and training systems‘(3),

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

–  having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Employment and Social Affairs and the Committee on Regional Development (A7-0238/2013),

A.  whereas the future of Europe lies with its capacity to unleash young people´s potential;

B.  whereas the crisis has led to a rise in precarious forms of employment for young people, with short-term and part-time contracts and unremunerated work placement schemes all too often replacing existing jobs;

C.  whereas the overall youth unemployment rate in the EU stood at 23,5 % in February 2013; whereas 7,5 million young people aged 15 to 24, and 6.5 million aged 25 to 29, were not in education, employment or training (NEETs) in 2011;

D.  whereas the economic loss resulting from the disengagement of young people from the labour market in 2011 was estimated at EUR 153 billion, corresponding to 1,2 % of EU GDP(4);

E.  whereas all young people are an integral part of society and should be recognised as such; whereas inequalities and all kinds of discrimination still persist and have a big impact on the lives of young people and their later development in society;

F.  whereas the persistent economic crisis has a severe impact on the lives of young people in terms of their wellbeing and social inclusion, employment, access to housing, health, education and training, cultural activities, leisure and sports, and is leading to an unprecedented lack of opportunities for young people in the EU; whereas there is a serious risk of having a ‘lost generation’ in a significant part of Europe; whereas this alarming situation requires urgent measures, policies and action as well as structural reforms; whereas the deteriorating economic conditions may, especially in countries heavily hit by the crisis, lead young people to involuntary migration, which can be made manifest in the form of a massive ‘brain drain’ that reduces the growth, development and innovation potential of the country of origin over the medium to long term;

G.  whereas, in response to the economic crisis, several Member States have implemented severe austerity measures, including serious cuts in spending on education, training and lifelong learning programmes; whereas those measures have a detrimental effect notably on youth employment in certain Member States, in particular those in southern Europe, leading in most cases to a significant brain drain from those regions and thus accentuating inequalities within the EU;

H.  whereas the existing tools at EU level have to be further developed to deal with the challenges the new generation faces, but little has been done so far, without prejudice to further improvements that can be made to them; whereas the EU Strategy for Youth is a comprehensive framework and the Member States must take full advantage of it;

I.  whereas the numbers of NEETs have risen dangerously across the EU; whereas the youth unemployment rate is unacceptably high in several Member States, while the average unemployment rates across the Union are reaching record highs, while the true figure can be masked by a marked increase in emigration among young people and becomes even more alarming taking into consideration precarious employment conditions or unreported employment, while the duration of the period of unemployment is constantly increasing;

J.  whereas young women continue to face appalling labour market conditions while constituting a clear majority of part-time workers and temporary workers;

K.  whereas the economic impact of young people not being in education, employment or training was estimated in terms of a loss of EUR 153 billion in 2011, corresponding to 1,2 % of EU GDP(5); whereas this represents a serious social and economic burden;

L.  whereas the economic crisis in the EU is increasing poverty and social exclusion, which especially affect the younger generations; whereas the impact of the crisis on young people is hindering their capacity to lead an autonomous life and in extreme cases is provoking malnutrition or mental health problems;

M.  whereas the unemployment rate among young people up to the age of 25 reached 23,5 % in March 2013 and more than 2 million jobs remain vacant in Europe because of a skills mismatch, particularly in the ICT and healthcare sectors; welcomes the Commission‘s ‘EU Skills Panorama’ initiative;

N.  whereas geographical mismatches between the supply and demand of jobs and skills can be observed both within and between Member States;

O.  whereas many young people are in informal, temporary and insecure jobs, unrelated to their qualifications or career aims and with no clear long-term prospects; whereas many are also missing out on the opportunity to acquire the skills and self-confidence necessary for career progression;

P.  whereas young people face increasing difficulties in their transition from education into work due to disconnections between the education programmes available and the labour market; whereas lifelong learning initiatives and intergenerational projects are useful tools by which young people across the EU can be equipped with skills necessary for entering the labour market;

Q.  whereas demographic groups that are underrepresented within the entrepreneurial population, especially founders of start-ups, include young people, women, the disabled and immigrants;

R.  whereas the personal and social development of young people is just as important as their academic and professional development; whereas young people play an active role in the social infrastructure of Member States and are central to sustainable and vibrant communities;

S.  whereas broadband rollout in the Member States needs to be improved in order to provide digitally-equipped schools;

T.  whereas open educational resources improve the quality, accessibility and equity of education and facilitate an interactive, creative, flexible and personalised learning process through the use of ICT and new technologies; whereas open education enhances sustained employability by supporting lifelong learning;

U.  whereas the use of new technologies and social media platforms is an important means of outreach to young people and of improving their capacity to participate in society and influence political and social processes;

V.  whereas economic and social problems, exacerbated by an austerity-driven response to the crisis by the EU, are increasing Euroscepticism among citizens; whereas young people are the most vulnerable segment of society;

W.  whereas an effective youth policy can contribute to the development of civic awareness among young people, which is of the utmost importance for their individual emancipation and their participation in society as active citizens;

X.  whereas the structured dialogue should be considered as a first step towards the establishment of an effective and fruitful dialogue among young people, youth organisations and EU and national institutions that has to be continuously improved and developed;

Assessment of the effectiveness of the EU Youth Strategy

1.  Welcomes the Commission communication on the implementation of the renewed framework for European cooperation in the youth field (EU Youth Strategy 2010-2018);

2.  Recalls the Commission’s proposal that in the context of the ongoing negotiations on the new Multiannual Financial Framework funding for youth and education policies should be increased to address current and future challenges; stresses that communication between youth task forces is essential and should be promoted, as well as communication on action undertaken and results achieved so far;

3.  Considers that the budget allocated for the fight against youth unemployment in the future MFF, namely EUR 6 billion, is insufficient and should be significantly increased in the negotiations;

4.  Calls on the Council to further enhance the focus on young people by considering youth people as a mainstreamed priority in all EU programmes under the future MFF;

5.  Considers it regrettable that the ambitious announcements made by the European Council relating to commitments for youth are not reflected in equivalent financial commitments; notes that a large part of the ‘Growth Package’ announced in 2012 consisted of a partial reallocation of structural funding that had already been promised and committed;

6.  Regrets the ambivalence shown by the Council, which is advocating additional resources for young people but is delaying negotiations on payments in connection with the amending budget for 2013, thereby threatening Erasmus scholarship payments; calls on the Council to adopt a more constructive approach by ceasing to widen the gap between payment appropriations and commitment appropriations in each annual budget;

7.  Views the Open Method of Coordination (OMC) as an appropriate means for deciding youth policies; reiterates its call for closer cooperation on youth issues between the EU institutions; calls for broader involvement of the European Parliament; stresses that the OMC needs to be carried by a strong political will on the part of the Member States, so as to deliver maximum results;

8.  Is disappointed that although the Member States were asked for specific measures in the first cycle of the EU Youth Strategy, very limited progress has been achieved; notes that in several cases the situation has worsened and that in many Member States no specific youth strategy is in place;

9.  Notes the impact of the first cycle of the Youth Strategy (2010-2012); stresses that the framework for cross-sectoral involvement of the Commission, the Member States and relevant stakeholders represents a good start but needs to be strengthened in the future by improving access to employment, education and training, thereby combating poverty and exclusion, while also using a cross-sectoral approach to spread practices across the relevant sectors;

10.  Stresses the importance of the Structured Dialogue; calls on the Commission and the Member States to develop the concept and ensure a meaningful and consistent follow-up of the recommendations prepared by young people with their ministerial and institutional counterparts; further suggests reaching out directly to youth organisations and non-organised individuals at a local and regional level by ensuring that their voice is not being lost and that policy implementations lead to the positive development and empowerment of young people;

11.  Considers that the development of clear and user-friendly indicators regarding the situation of young people and youth policy can be further improved, especially concerning the autonomy and participation of young people, in order to better evaluate the impact of measures undertaken under the EU Youth Strategy;

12.  Calls on the Member States to issue knowledge- and evidence-based reports on the social situation and living conditions of young people, and to draw up national action plans and implement them consistently;

13.  Stresses that, from early childhood, special attention should be paid to vulnerable groups at high risk of social exclusion, including NEETs and disadvantaged youth, by providing them with real and tangible employment opportunities and encouraging their active participation in society;

14.  Recognises the need for a cross-sectoral and balanced approach to the eight fields of action in the EU Youth Strategy; calls for the prioritisation in a time of crisis of a youth policy which is informed and shaped by the voice and aims of young people themselves;

Challenges for the next cycle:

Education, training, innovation and funding

15.  Welcomes the new EU programme for education, training, youth and sport; underlines the need for robust funding for this programme and for both a separate chapter and a separate budget allocation for the youth part;

16.  Stresses that Member States and businesses should invest more in the right skills and diversify the types of training for jobs in demand, notably in technological sectors, by creating more flexible curricula, integrating entrepreneurship and transversal skills, in order to better adapt to future labour market developments; stresses the importance of enhancing youth mobility in particular by the early learning of foreign languages; calls on Member States to establish dual vocational education and training systems as an effective way of linking educational to labour market demands and reducing youth unemployment;

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

18.  Stresses the benefits of the knowledge triangle, and urges the Member States to undertake more initiatives and to intensify the interaction between the three sides of the triangle, thus ensuring that the interaction between research, education and innovation can help to develop jobs and growth;

19.  Recognises that the new ‘Horizon 2020’ programme is an appropriate framework for boosting research, innovation and excellence in science; warns, however, that spending cuts in education in some Member States are jeopardising its objectives; calls on the Member States to establish the key priorities under the programme and to take full advantage of it;

20.  Calls on the Commission and the Member States to examine and propose methods to increase innovation in national curricula at school level;

21.  Urges the Member States to strengthen, and remove existing cross-border barriers to, vocational training, orientation and apprenticeships, traineeships and internships, so as to make this form of education valued on a basis of equality, increase its connections with other educational pathways in a lifelong learning perspective, and better match the supply and demand of work-based training opportunities for young people, thereby improving mobility and employability, particularly in border regions;

22.  Underlines the importance of addressing geographical mismatches between job supply and demand both within and between Member States, in particular through changes to the European Job Mobility Portal (EURES), in order to improve youth employment opportunities;

23.  Underlines the importance of strategic investment from the EU Structural Funds in regional development, competitiveness and the creation of high-quality apprenticeships, internships and sustainable and durable jobs, thus offering young people the widest possible opportunities for employment that respects the employee’s rights in every Member State, so that precarity and the risk of poverty can be significantly reduced; further underlines the importance of economic diversification into high-added-value sectors where appropriate, and the need for an emphasis on rural and disadvantaged areas;

24.  Believes that in order to tackle youth unemployment the involvement of regional and local authorities in the design and implementation of the correct policy mix is fundamental;

25.  Considers that the present high unemployment rates in certain Member States could have been avoided through intensive national and regional strategies aimed at encouraging companies to hire the youth workforce;

26.  Notes that alongside the EU employment strategies, cities and regions play an important role in assessing local employment markets, anticipating their needs and tailoring programmes for young people, and emphasises the importance of young people in their communities, including the island and outermost regions; calls on local and regional authorities to encourage active citizenship and to ensure that representatives of young people or youth associations participate in the different initiatives proposed by the EU;

27.  Stresses the positive role that open education and open universities play in the learning process and in equipping students, including young adults, with the new skills that will be vital in the fight against unemployment; stresses that lifelong learning is a dynamic means of learning that addresses the current needs and interests of participants;

28.  Underlines the importance of the acquisition of transversal skills such as ICT skills, leadership skills, critical thinking and language skills, also by studying abroad, to improve the prospects of young people on the job market and their adaptability to future labour market developments;

29.  Stresses the importance of informal and non-formal learning for the development of values, aptitudes and skills for young people, as well as for learning about citizenship and democratic involvement; calls on the Commission and the Member States to develop systems that recognise competences acquired through non-formal and informal learning, voluntary work, internships and social work, and to provide support for such activities in the framework of the new programmes for education, youth and citizenship;

30.  Considers that there is still space for developing peer-learning in the field of education and training as a means of facilitating the exchange of good practices among Member States;

31.  Welcomes the recent commitments by the Member States and the Council to launch new youth initiatives with precise funding measures; calls on the Council to initiate similar policies in all Member States under the umbrella of a ‘New Deal’ for young people;

32.  Stresses the need to encourage women to embark on careers that have generally been considered as typically ‘masculine’, especially in the IT sector;

33.  Believes that early intervention and proactive labour market policies represent a shift from dealing with the symptoms of multi-generational deprivation towards identifying and managing risks early in life in order to prevent unemployment and facilitate reintegration; draws attention especially to those who are most marginalised and at greatest risk of unemployment;

34.  Draws attention to the problems of inequalities at school level, truancy and the need to reduce dropout rates EU-wide; stresses the importance of increased funding in order to guarantee equal access to education as well as to reduce early school-leaving; points to the need to improve links and cooperation between actors in education, vocational training and youth work; calls for flexible learning pathways at EU and national level;

35.  Identifies the education-to-work transition as an especially important moment for young people, given that the beginning of their careers has a significant impact on their future development; stresses, in this connection, the important role that early childhood development can play in breaking the vicious intergenerational cycle of low human development for disadvantaged children; calls on the Member States to strengthen the provision of advice and guidance services at an early stage in order to improve young people’s ability to make sufficiently informed decisions about their future careers, thereby making it easier for them to acquire the necessary skills and to find work relevant to the needs of the labour market; emphasises the potential for job creation in sectors such as the green economy, health, social services and ICT;

36.  Stresses the importance of improving the policies aimed at easing the transition from education to employment by ensuring quality apprenticeships and traineeships;

37.  Asks the Member States to target young people who are not in education, training or employment, in order to offer them quality learning and training so that they can gain the skills and experience they need to enter employment, including, for some, by facilitating their re-entry into the educational system;

38.  Calls for special attention to be given to the youth prison population in order to facilitate their reintegration into society;

39.  Calls on the Commission to reinforce the existing flagship initiative ‘Youth on the Move’ with new slogans such as ‘No young people out of education’ and ‘No young people out of the labour market’;

40.  Recalls the risk of depriving several Member States of their talented youth, thus creating a potential brain drain; stresses that this may impede those Member States from achieving economic recovery and viable growth; calls on the Commission and Council fully to take this into account when proposing and implementing policies in the future;

41.  Stresses that the creative sector can offer further and new opportunities for young people to develop their talent and skills; reminds the Commission and the Member States that new technologies empower young people´s creativity;

42.  Stresses that culture in Europe represents an important share of GDP, and calls on the Member States to further encourage initiatives promoting sustainable jobs for young people in this sector;

Youth employment and entrepreneurship

43.  Emphasises the importance of the socio-economic and territorial cohesion of the European Union, as specified in Article 174 TFEU, in achieving the objectives of the EU Youth Strategy, namely creating more and equal opportunities for all young people, promoting social inclusion, gender equality and solidarity for all young people, reducing the risk of poverty and increasing the proportion of the population in employment, in the context of ongoing debt reduction measures, rising youth unemployment and divergent levels of educational achievement and training;

44.  Urges the Member States to take full advantage of the EU Structural Funds for 2007-2013, especially the ESF; calls on the Commission to keep Parliament regularly informed on the progress made by the Member States;

45.  Asks the Commission and the Member States to mobilise all available funds, in particular in the framework of the Structural Funds, for a programme to stimulate investment in training and jobs with a view to combating the unacceptably high rate of youth unemployment, including the encouragement of business development for young people through entrepreneurship; welcomes the Youth Employment Initiative and urges the Member States and regions concerned to make full use of the funding available from the ESF and the special allocation;

46.  Welcomes the new EU initiative for a Youth Guarantee scheme, to be extended also to young people under 30, which should provide them with the skills needed in the labour market ensuring them high-quality, meaningful and relevant opportunities; calls on the Member States to commit themselves to implementing the scheme in an efficient and timely manner and to fully exploit the opportunities offered under the new youth employment fund made available in the new MFF; highlights the need for sufficient funding for the initiative through the ESF and other past and future EU Structural Funds; considers the budget as indicated by the Council for the 7-year period to be insufficient;

47.  Stresses, however, that the Youth Guarantee Scheme cannot replace the structural efforts and reforms needed to make the education systems and labour markets in some Member States fit for the challenges of the future;

48.  Calls on the Commission to provide incentives and technical support for young people to create their own businesses, under the slogan: ‘If you can’t find a job, just create one’;

49.  Proposes to enhance the entrepreneurial spirit among young people by facilitating access to microcredit and microfinance instruments;

50.  Considers that fiscal consolidation should not be implemented in a way that affects jobs for young people; calls on the Member States to provide more incentives for supporting quality employment for young people, such as relief on taxes and social contributions and establishing appropriate labour market legislation;

51.  Recognises that social enterprises can play an important role in promoting high-quality jobs and fighting poverty and social exclusion, by investing in education and training for young Europeans;

52.  Stresses the need for Member States to provide a safety net for failed start-ups; calls on them to eliminate red tape;

New technologies and social media

53.  Calls on the Commission to launch a survey to monitor the impact of new technologies and social media on young people’s lives;

54.  Stresses the need for Member States to implement strategies supporting young people’s access to ICT;

55.  Calls on the Commission to take advantage of the dynamism of social media in education, training and youth participation in order to increase employability and enhance entrepreneurship, innovation and culture;

56.  Emphasises the need to protect young people from all forms of abuse, including online attacks and abuse relating to their personal data and health;

57.  Stresses the need to improve communication and uptake in respect of the Commission’s youth initiatives (e.g. the European Youth Portal), through social networks and increased engagement with youth organisations and youth representatives;

58.  Welcomes the announced Commission communication ‘Opening Up Education’ aimed at improving the efficiency, accessibility and equity of education, training and learning systems by strengthening the integration of ICT and new technologies in education and training; calls on all Member States to encourage initiatives to open up education, for example through the introduction of Massive Open Online Courses (MOOCs);

Youth participation and European citizenship

59.  Welcomes the fact that 2013 has been declared the European Year of Citizens; stresses the need to better involve young people by encouraging them to share their vision for the EU’s future;

60.  Calls on the Commission to continue and increase its support for the European youth card, in order to facilitate young people’s access to culture throughout the EU;

61.  Stresses the vital importance of sport, exercise and social activities for encouraging youth participation as a tool that can have a huge impact on local communities and can help address many of the societal challenges facing youth, such as tackling social exclusion and giving young people a sense of pride and self-worth; stresses, furthermore, that the physical and mental benefits of exercise help make young people fit for work;

62.  Underlines the importance of conveying solid youth-oriented messages on the part of the EU, supported by actual policies in view of the 2014 European elections;

63.  Calls on the Commission to develop more initiatives to strengthen EU integration; urges the Member States to incorporate European studies courses into education curricula;

64.  Stresses the importance of using information and communication technologies, including social networks, with the specific aim of deepening participation;

65.  Stresses the need to develop more outreach programmes for marginalised groups and to provide support for the youth sector to develop its structures and channels of communication so as to reach out to more young people, particularly those at risk of social exclusion;

66.  Underlines the importance of the ‘Youth in Action’ programme, which promotes young people’s active citizenship, develops solidarity and promotes tolerance among young people;

67.  Stresses the role of youth organisations, as the main channel for participation, and of volunteers, and that this needs to be strengthened through support mechanisms, suitable legal frameworks and clear identification of rights and responsibilities as outlined in the European Charter on the Rights of Volunteers; calls on the Commission and the Member States to secure political and financial support for youth work, and especially for youth organisations involved in EU projects;

68.  Considers the possibility for young people to live an autonomous life as the overriding priority that the youth strategy should address in the forthcoming period; for this reason, calls on the Commission and the Member States to focus cooperation in the youth field on youth autonomy and the participation of all young people in society;

General principles

69.  Underlines the importance of eliminating all kinds of discrimination among young people, including discrimination based on gender, racial or ethnic origin, religion, disability, age and sexual orientation;

70.  Stresses that the fight against gender inequalities and stereotypes should be an integral part of an effective youth policy in order to prevent and eliminate, in particular, violence against women;

71.  Stresses the importance of recognising and engaging directly with young people as a priority group in the EU’s social vision, thereby enhancing their influence, development, wellbeing and social inclusion;

72.  Emphasises the need to provide efficient and individualised support to young people with disabilities;

o
o   o

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

(1) OJ C 161 E, 31.5.2011, p. 21. (2) OJ C 119, 28.5.2009, p. 2. (3) OJ C 377 E, 7.12.2012, p. 77. (4) Eurofound (2012), ‘NEETs – Young people not in employment, education or training: Characteristics, costs and policy responses in Europe’, Publications Office of the European Union, Luxembourg. (5) Eurofound (2012), ‘NEETs – Young people not in employment, education or training: Characteristics, costs and policy responses in Europe’. Publications Office of the European Union, Luxembourg.

European Parliament resolution of 11 September 2013 on tackling youth unemployment: possible ways out (2013/2045(INI))

P7_TA(2013)0365 A7-0275/2013

The European Parliament,

–  having regard to its resolution of 6 July 2010 on ‘Promoting youth access to the labour market, strengthening trainee, internship and apprenticeship status’,(1)

–  having regard to the Commission communication ‘Youth Opportunities Initiative’ (COM(2011)0933), and to its resolution of 24 May 2012 on the Youth Opportunities Initiative(2) and its question for oral answer to the Commission on the Youth Opportunities Initiative(3),

–  having regard to the Commission communication on the implementation of the Youth Opportunities Initiative (COM(2012)0727),

–  having regard to the Commission communication ‘Youth on the Move’ (COM(2010)0478),

–  having regard to the Council conclusions, adopted in Luxembourg on 17 June 2011, on promoting youth employment to achieve the Europe 2020 objectives,

–  having regard to the European Council conclusions of 7 February 2013 on a Youth Employment Initiative,

–  having regard to the Commission proposal of 5 December 2012 entitled ‘Towards a quality framework on traineeships. Second-stage consultation of the social partners at European level under Article 154 TFEU’ (COM(2012)0728),

–  having regard to the Commission proposal for a Council recommendation of 5 December 2012 on a Youth Guarantee (COM(2012)0729),

–  having regard to the Eurofound report of 13 June 2012 entitled ‘Youth Guarantee: Experiences from Finland and Sweden’,

–  having regard to its resolution of 16 January 2013 on a Youth Guarantee(4),

–  having regard to the political agreement reached in Council on 28 February 2013 on a Council recommendation on establishing a Youth Guarantee,

–  having regard to the Commission communication of 27 April 2009 entitled ‘An EU Strategy for Youth – Investing and Empowering. A renewed open method of coordination to address youth challenges and opportunities’ (COM(2009)0200),

–  having regard to the proposal for an amendment to the Commission document ‘Proposal for a regulation of the European Parliament and of the Council on the European Social Fund and repealing Council Regulation (EC) No 1081/2006’ (COM(2011)0607),

–  having regard to the statement by the Members of the European Council of 30 January 2012 entitled ‘Towards growth-friendly consolidation and job-friendly growth’,

–  having regard to its resolution of 25 October 2011 on mobility and inclusion of people with disabilities and the European Disability Strategy 2010-2020(5),

–  having regard to the European Quality Charter of Internships and Apprenticeships, developed by the European Youth Forum together with social partners and other stakeholders,

–  having regard to the Eurofound report of 22 October 2012 entitled ‘NEETs: young people not in employment, education or training: characteristics, costs and policy responses in Europe’(6),

–  having regard to the Eurofound report of 21 December 2012 entitled ‘Effectiveness of policy measures to increase the employment participation of young people’(7),

–  having regard to the Eurofound report of 29 April 2011 entitled ‘Helping young workers during the crisis: contributions by social partners and public authorities’(8),

–  having regard to its resolution of 14 March 2013 on the integration of migrants, its effects on the labour market and the external dimension of social security coordination in the EU(9),

–  having regard to the Eurofound report of 7 February 2012 entitled ‘Recent policy developments related to those not in employment, education and training (NEETs)’(10),

–  having regard to the Eurofound report of 15 January 2013 entitled ‘Active inclusion of young people with disabilities or health problems’(11),

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

–  having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Regional Development, the Committee on Culture and Education and the Committee on Women’s Rights and Gender Equality (A7-0275/2013),

A.  whereas in June 2013 23,5 % of active young people were jobless, with the rates ranging from 10 % or less in Austria and Germany to 64,2 % in Greece, indicating marked geographical differences both between and within Member States; whereas the most recent data and forecasts indicate a continued deterioration in the situation facing young people in some Member States;

B.  whereas unemployment among women aged below 25 continues to rise, having increased from 18,8 % in 2009 to 22,1 % in 2012 and, according to the latest available data, now stands at 22,9 %; whereas attitudes such as discouragement, self-exclusion and disaffection with work are becoming increasingly widespread; whereas young women still face worse labour market conditions than young men, and whereas this is resulting in a significant loss of economic growth potential for Europe through under-utilisation of the skills of highly qualified women;

C.  whereas in 2011 7,5 million young people aged 15-24 and 6,5 million aged 25-29 were not in education, employment or training (NEETs), among them members of vulnerable groups; whereas this could lead to serious personal and social consequences such as insecure future employment prospects and poverty and social exclusion, or even mental and physical dysfunctions; whereas these problems are likely to increase in the near future, and whereas they have serious financial implications for Member States’ welfare systems;

D.  whereas having 14 million NEETs calls for far greater efforts on the part of the Member States and the European institutions to reintegrate young people into the labour market; whereas young people across Europe have significantly differing needs, and therefore any labour market integration measures must be tailored to the needs of each specific group, and where possible also include personal assessment policies;

E.  whereas in 2011 the economic loss due to the disengagement of young people from the labour market was estimated at EUR 153 billion in the Member States, corresponding to 1,2 % of EU GDP(12); whereas this sum exceeds by far the estimated EUR 10 billion which would be needed to create 2 million new jobs for young people;(13) whereas this represents a serious long-term social and economic burden for the EU as a whole;

F.  whereas youth unemployment is an important contributing factor to the sharp rise in migration that is taking place in a number of Member States; whereas only a very small minority of those who opt for mobility and migration do so voluntarily, rather than in response to economic imperatives;

G.  whereas major investment is needed in the EU to create growth and jobs and boost domestic demand; whereas an investment package amounting to 2 % of EU GDP is needed to bring about a significant improvement in the short-term economic situation and in the state of affairs on the labour markets of the Member States; whereas this measure would primarily benefit young people, as the group hardest hit by the crisis;

H.  whereas young people are particularly disadvantaged during economic crises, more so than most groups; whereas for many young people current unemployment can be expected to turn into long-term unemployment, greatly increasing the risk of social exclusion; whereas this has alarming consequences for young individuals, lowering their self-esteem, leaving their ambitions unrealised, reducing their earnings and career prospects and delaying their possibilities of assuming an independent adult life including starting a family, and consequently also for society, negatively impacting on the social, economic and demographic situation in Europe in both the short and the long term and increasing the likelihood of young people experiencing poverty in old age as a result of their inability to pay pension contributions throughout their working lives;

I.  whereas Article 13 of the EC Treaty specifically empowers the Community to combat discrimination based on sex, race or ethnic origin, religion or belief, disability, age or sexual orientation; whereas despite Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, young women still suffer age and gender discrimination when they enter the labour market;

J.  whereas despite high overall levels of youth unemployment, approximately four million jobs are vacant in the EU(14) due to skills mismatches; whereas in certain fields, such as the ICT and R&D sectors, there is a persistent and increasing demand for highly-qualified staff which is not met;

K.  whereas the ILO has recommended a budget of EUR 21 billion, equivalent to 0,5 % of all spending in the eurozone, for the full implementation of a youth guarantee in the EU;

L.  whereas in the context of the Europe 2020 strategy the EU has undertaken to raise education levels, reduce school dropout rates to less than 10 % by 2020, increase the rate of completion of tertiary or equivalent education among people in the 30-34 age group to at least 40 %, and increase the employment rate in the 20-64 age group to 75 %;

M.  whereas the crisis has led to an increase in the number of people, and in particular young people, in insecure employment, and whereas many full-time jobs have been replaced by work performed by people on short-term contracts, part-time work and unpaid work;

N.  whereas more and more young people are being forced to take both unpaid and paid traineeships, a state of affairs which is discriminatory towards those who are less well-off; whereas the problem of the exploitation of trainees as cheap labour must be acknowledged, and a set of quality criteria for traineeships is therefore needed;

O.  whereas SMEs and micro-enterprises, which are a driving force for economic growth and job creation and for achieving the goals of the Europe 2020 strategy, have shed more than 3,5 million jobs and significantly cut recruitment as a result of the economic crisis, and workplace closures have affected all workers, young people hardest of all;

P.  whereas young people have the right to quality employment in accordance with their skills; whereas quality employment is fundamental to the dignity and autonomy of Europe's youth;

Q.  whereas the economic crisis which became visible in 2008 has negatively affected both demand and supply on the labour market, thus dramatically increasing uncertainty over job prospects and making it essential for all unemployed people to be better informed about employment prospects; whereas education, training and skills development are often inaccessible for the most deprived groups, including young people with disabilities;

R.  whereas, by virtue of their emphasis on practical skills, dual education systems that combine classroom teaching with vocational training, and combined academic-vocational degree courses existing in a number of Member States, have proven their value during the crisis; whereas the Commission has repeatedly noted that effective dual education systems can guarantee a steady supply of qualified workers while keeping youth unemployment rates low;

S.  whereas the transition from full-time education to the labour market is a turning-point in the lives of young people and one which has a decisive bearing on their career prospects, lifetime earning potential and long-term social circumstances; whereas, in this context, education policy cannot be divorced from labour market policy;

T.  whereas the economic crisis which began in 2008 has negatively affected both demand and supply on the labour market, thus dramatically increasing uncertainty over job prospects and making it essential to address the issue of investment by Member States in job creation, training and education; whereas the consequences of the crisis may include increased social conflict and unrest;

U.  whereas employment agencies play a key role in the labour market and should therefore be required to meet stringent quality standards and to have their compliance with those standards checked by the competent authorities; whereas those quality standards and the requirement to undergo checks should apply in the same way to both public and private employment agencies;

V.  whereas part of the solution for unemployment may be the development of high-quality vocational education and training systems, with highly qualified teachers and trainers, innovative learning methods, high-quality infrastructure and facilities and a high labour market relevance, offering pathways to further education and training;

W.  whereas young people account for 40 % of those employed on temporary contracts, but make up just 13 % of total employment, and one in five young people fear losing their jobs;

X.  whereas in some Member States an increasing gap between the skills of graduates and the skills requirements of the labour market can be observed;

Y.  whereas taking account of the requirements of the labour market should not preclude children from acquiring the broadest possible foundation of knowledge, as that is the best way of ensuring they will be able to adapt to the vagaries of the employment market and of life in general; whereas most studies demonstrate the importance of providing quality education from the earliest school years as a means of preventing early school-leaving and ensuring that children from the most disadvantaged social backgrounds are fully integrated into school life;

Z.  whereas open educational resources improve the quality, accessibility and equity of education and facilitate an interactive, creative, flexible and personalised learning process through the use of ICT and new technologies; whereas open education enhances sustained employability by supporting lifelong learning;

AA.  whereas both schoolteachers and university teachers face unprecedented challenges arising from the rapidly changing global economic environment, in which the development of new skills and competences, innovative approaches and modern teaching methods is key to ensuring effective youth education and employability;

AB.  whereas 60 % of graduates are women, who are often placed in positions in which they are under-qualified or underpaid; whereas young women are also affected by gender differences in non-employment and employment conditions, which results in a pay gap (currently 16,2 %) as well as a pension gap;

AC.  whereas flexibility and job insecurity have a greater effect on the employment of women than on that of men: whereas in the third quarter of 2012, of all part-time workers in the 15-24 age group some 60 % were women, while in the same age group, of all temporary workers with tertiary education (first degree or postgraduate degree), 64 % were women;

AD.  whereas despite Article 19 TFEU, Directive 2000/78/EC of 27 November 2000 and Directive 2006/54/EC of 5 July 2006, young women still suffer age and gender discrimination when they enter the labour market; whereas access to the official labour market is harder for women from vulnerable social groups, including ethnic minorities;

AE.  whereas motherhood often hampers access for young mothers to the labour market, thereby contributing to the widening of the gender employment gap;

AF.  whereas youth employment measures needs to be integrated within a consistent, future-oriented and investment-oriented oriented macroeconomic strategy that can ensure the conditions for the creation of sustainable 21st-century jobs and for an effective transition from education to employment;

1.  Stresses that national and EU policy measures to boost youth employment should be coherent and mutually reinforcing, and should place a special focus on high-quality (vocational) education, training and providing work experience, thereby enabling young people to obtain stable employment of good quality; stresses that creating opportunities for fairly compensated internships and voluntary activities in the public interest can enable young people to engage in socially valuable activities and gain professional experience;

2.  Deplores the fact that the current crisis measures aimed at reducing public spending in the crisis countries have already had a direct negative impact on young people through cuts in education, employment creation and support services;

3.  Points out that young unemployed people come from a wide variety of groups and therefore have to be classified according to their needs and abilities if the measures taken are to be implemented to more useful effect; considers it necessary to identify the key competences that will enable these young people to enter the labour market more rapidly and on a more permanent and sustainable basis; believes that attention should be focused in particular on young people who have no qualifications and are not in education, employment, or training;

4.  Calls on the Commission, in cooperation with Member States where there is more than 25% youth unemployment in the regions, to tackle youth unemployment by creating jobs for at least 10 % of the young people affected;

5.  Emphasises the need for active, comprehensive and integrated labour market policies aimed at job creation, with special measures for young people, so as on the one hand to avoid wasting available resources and on the other to lower youth unemployment, rather than merely ‘recycling’ it; calls on the Member States to check whether examples of best practices from other Member States could be applied to their own labour markets, and to draw on those measures which are suitable in their fight against youth unemployment; stresses the good experiences from countries with VET and dual-track education systems in improving the education-to-work transition, thus bridging the gap between training skills and labour market demands; emphasises that the Commission’s task is to give active support to such efforts, and calls on the Commission to report regularly on Member States' reform efforts with regard to vocational training systems; stresses that special attention should be paid to vulnerable groups at high risk of social exclusion, including NEETs;

6.  Calls on the Commission to collect success stories from the field of youth training and to publish them in the form of a handbook for use by other Member States;

7.  Calls on the Commission to produce an annual report on the reform of vocational training systems in the Member States, thereby making a long-term structural contribution to improving young people’s employability;

8.  Calls on the Commission to draw up qualitative guidelines for a modern dual education system, backed up by a list of broadly defined, non-academic key occupations in Europe;

9.  Emphasises the importance of improving quality standards and accessibility in higher education and VET; stresses also the importance of language learning in schools and in VET;

10.  Stresses that the involvement of all relevant stakeholders, at local, regional, national and European levels, including social partners, employment services, training and education authorities, individual employers, NGOs, and in particular also student and youth organisations, is essential for the successful design, implementation and monitoring of a variety of measures to foster youth employment and employability in an integrated fashion; emphasises that measures to promote quality and sustainable youth employment must be flexible so as to meet the continuously evolving needs of the labour market; notes the need for flexible and at the same time reliable contractual relations, effective reintegration policies and modern social security systems; stresses that early careers guidance for young people, well before they finish basic secondary schooling, is particularly valuable since it requires parents and schools to improve the capacity to help and advise pupils in choosing their education and subsequent career;

11.  Calls on the Member States to take measures to prioritise the areas of science, technology, engineering and mathematics in their educational programmes in order to meet expected future developments on the labour market;

12.  Points out that collective bargaining plays a key role in fostering and improving the working conditions of young workers;

13.  Recognises that investing in the right skills is an important factor in helping Member States innovate and regain their competiveness;

14.  Calls the Member States to recognise the unprecedented challenges of the rapidly changing global economic environment, which both schoolteachers and university teachers are having to face; notes that a key factor for the successful education of young people and their employment prospects is the development of new skills and sets of competencies, innovative approaches and modern methods of teaching and learning;

15.  Calls on the Member States to encourage and support the participation of young people and especially women, through education, civil society and quality youth initiatives, in democratic life, and to make use of both existing and new tools in order to contribute to policy development, thereby enhancing young people’s development, wellbeing and social inclusion;

16.  Is deeply concerned at the budget cuts in the Member States in the area of education, training and youth policy, which could result in young people being locked out of both education and employment, and recalls that budget allocations for education and training are a necessary and invaluable investment in the future;

17.  Calls for more vocational education and training for teaching staff, especially as regards modern teaching methods and the use of new technologies; points out that lifelong learning starts with early childhood education, and stresses that language skills above all must be promoted in an enjoyable way;

18.  Highlights the role of the proposed EU Loan Guarantee Facility for full-time Master’s students in the EU and third countries in further facilitating youth mobility and contributing to multidimensional university ranking;

19.  Considers that local needs and territorial specificities should be taken into account in order to enable the identification of jobs, in particular in innovative sectors such as green segments and social businesses, within the framework of integrated territorial development strategies;

20.  Invites the Member States and regional and local authorities to set up integrated territorial development strategies, including training and employment components, starting with measures to avoid early school leaving, and to build employment pathways for young people;

21.  Recognises the particularly difficult situation in certain regions where the level of unemployment among young people is above 25 %; welcomes the fact that EU support for youth employment will be further boosted through the proposed EU Youth Employment Initiative, with a maximum budget of EUR 8 billion over the seven-year period 2014-2020; stresses at the same time that, according to the ILO, EUR 21 billion would be needed to implement the Youth Guarantee effectively in the eurozone alone; agrees that the specific budget allocation for this employment initiative for young people and the corresponding allocation from the ESF should be frontloaded;

22.  Emphasises the importance of immediate action to combat youth unemployment and long-term unemployment; emphasises, too, the need to get young people into long-term, sustainable, high-quality jobs;

23.  Calls on the Commission and the Member States to ensure that national legislation affecting youth, and in particularly national legislation based on the Employment Equality Directive (2000/78/EC), is not used to discriminate against young employees' access to social benefits; believes that much more must be done to ensure that both employees and employers are aware of their rights and obligations under this legislation;

24.  Calls on the Member States to update their regional development strategies so that they reflect measures to boost employment, including youth employment;

25.  Welcomes the decision of the EPSCO Council on 28 February 2013 to agree on a Council recommendation on implementing a Youth Guarantee, and invites the Member States to take action to implement Youth Guarantee schemes in an ambitious manner at national level; calls for the extension of the target groups to include young people under the age of 30, including graduates and those leaving training systems without qualifications; stresses that the success of this measure will be highly dependent on a wide range of policies and framework conditions, such as adequate investment in education and training, infrastructure and capacity of employment services, availability of student and graduate places, and quality apprenticeships and traineeships, as well as general policies conducive to job creation; calls for an adequate follow-up through the Member States' National Reform Programmes and in the context of the European Semester to facilitate the monitoring, evaluation and continuous improvement of national Youth Guarantee schemes; stresses that Youth Guarantee schemes should be integrated within the broader framework of national active labour market policies;

26.  Informs the Member States that Parliament intends to monitor closely all Member State activities to make the Youth Guarantee a reality, and invites youth organisations to keep Parliament updated on their analysis of Member State actions;

27.  Calls on the national parliaments, together with youth organisations, to hold their governments responsible for delivering on the Youth Guarantee, and to ensure that serious steps are taken to ensure that each young person (unemployed or having left formal education) will within four months receive a good-quality offer of employment, continued education, an apprenticeship or a traineeship;

28.  Stresses that efforts and funding aimed at implementing Youth Guarantee schemes should not discourage the structural efforts and reforms that are required to make the education systems and labour markets in some Member States fit for the challenges of the future;

29.  Calls on the Commission to provide in its programmes for measures aimed specifically at tackling youth unemployment, following an integrated global approach consistent with ‘Youth on the Move’, a flagship initiative of the Europe 2020 strategy;

30.  Reminds the Commission and the Member States of their commitment to the Europe 2020 targets of 75 % employment for both women and men, and warns that the current level of youth unemployment could exclude a generation of women from the labour market, increasing their invisibility and vulnerability;

31.  Calls on the Commission and the Member States to monitor and disclose all data relating to policies to combat youth unemployment (including implementation of the Youth Guarantee), producing regional statistics for the different Member States and devoting particular attention to the gender aspect;

32.  Encourages the Commission and the Member States to develop clear quality standards and indicators regarding the development of national Youth Guarantee schemes, as well as to boost their support for all actors essential to delivering Youth Guarantee schemes, such as national social partners, local and regional authorities, employment services and education and training authorities; calls for Youth Guarantee schemes to be facilitated through financial incentives, including incentives in public procurement, and funding for on-site training, which will support enterprises in making high-quality sustainable employment and training offers which will represent an effective and targeted investment in young people’s potential ; stresses that enterprises have a particular responsibility to make such offers available;

33.  Calls on the Commission and the Member States, in cooperation with youth stakeholders and with Parliament, to develop a plan of action on youth employment identifying short- term, medium-term and long-term measures; regrets that in the current debate long-term measures are being presented as short-term solutions; stresses that in the short term the focus should be on immediate crisis relief, for those both outside and inside the labour market, with a focus on securing a living income as well as options on the labour market; stresses that investments in education and training, job creation, apprenticeship schemes and incentives geared towards employers are mainly medium-term but also long-term measures which need to be firmly agreed between all actors and upheld for a minimum of five years; stresses that, especially, constructing a system of dual education, apprenticeships, training on the job and integration of young persons into the labour market are long-term measures which need a longer-term commitment than hitherto;

34.  Recommends that in Member States with a dual vocational training system there should be an ‘alternative apprenticeship’ scheme, and thus a Youth Guarantee scheme, in the form of vocational training with more than one employer for young people under the age of 18 who cannot obtain an apprenticeship; in countries without dual vocational training, steps should be taken to implement an appropriately adapted system;

35.  Stresses that different age groups require different approaches to address employment issues, focusing on entry into the job market for younger age groups and on improving job security and social security for older age groups;

36.  Invites the Commission and the Member States to foster rapprochement between the worlds of work and education so that training paths such as dual training can be designed that combine theoretical notions with practical experience, in order to equip young people with the requisite general skills and specific expertise; invites the Commission and the Member States also to invest in support for an awareness campaign on vocational training (VET) and technical and entrepreneurial studies;

37.  Calls on the European institutions to set a good example by removing their advertisements for unpaid traineeships from their respective websites and to pay a minimum allowance based on the cost of living in the place where the internship is performed;

38.  Calls on the Member States to establish new inclusive and targeted labour-market policies that secure the respectful inclusion and meaningful occupation of young people, e.g. through the setting-up of inspirational networks, traineeship arrangements that include financial aid enabling the trainee to relocate and live close to the place where the traineeship is held, international career centres, and youth centres for individual guidance covering, particularly, matters such as collective organisation and knowledge of legal aspects relating to their traineeship;

39.  Calls on the Member States to draw up, in cooperation with all relevant actors and stakeholders, further specific outreach strategies targeted on NEETs, which should combine effective forms of reintegration of early school-leavers back into education or work; calls, therefore, on the Member States to present, in the framework of the European Semester, proposals as to how they will make progress in better integrating NEETs via the Youth Guarantee and other instruments; stresses the need to increase the employability and participation of young people by boosting lifelong learning and making social security schemes both more inclusive and activating; calls for the removal of the practical and logistical barriers faced by young people having more complex needs or with disabilities when entering the labour market;

40.  Calls on the Member States to intensify their efforts to reduce early school leaving in order to achieve the goal set out in the EU 2020 strategy of a dropout rate no higher than 10 % by 2012; invites the Member States to make use of a wide range of measures to fight early school leaving and illiteracy, e.g. reducing class sizes, providing assistance for pupils who cannot afford to complete their compulsory education, increasing the emphasis on practical aspects in the syllabus, introducing mentors in all schools and establishing an immediate follow-up of early school leavers; points to the example of Finland, which has succeeded in reducing the number of early school leavers by studying together with pupils the possibilities of seeking a new direction; invites the Commission to coordinate a project on best practices;

41.  Notes that play-based early-years education can put children on the right track for successful schooling, and highlights the prime importance, in this context in particular, of initial training and specialised further training for teachers;

42.  Urges the Member States, given the exceptional social conditions created by the crisis, to draw up a strategy to provide incentives – including financial incentives – for pupils from vulnerable groups to complete their secondary education;

43.  Emphasises the importance of having a quality public network of student residences;

44.  Supports the establishment of the Erasmus for All Programme with a separate chapter for youth as well as a corresponding separate budget allocation, including increased support for those who are active in youth work, both institutionalised and non-institutionalised; is of the opinion that acquiring skills, in particular transversal skills (e.g. in ICT and languages), for example by studying, working or volunteering abroad, can promote young people’s active participation in society and therefore European integration, and can improve their prospects on the labour market, as well as workers’ mobility in general throughout the Union;

45.  Stresses the key role that should be played by the European Social Fund in combating youth unemployment, and calls on the Member States and all operational programmes’ managing authorities to ensure that measures aimed at achieving this goal are included;

46.  Calls on the Member States to implement the measures set out in their national Youth Guarantee Schemes, taking into account a gender perspective at all stages of the preparation, programming and implementation of these measures; calls on the Member States to set up employment centres, with suitably trained staff, that are able to implement effective awareness-raising policies and provide specific arrangements for women, also to avoid long-term unemployment and the risk of social exclusion;

47.  Stresses that making the Youth Guarantee a reality requires respect for collective wage bargaining and the principle of equal pay for equal work or work of equal value;

48.  Underlines the importance of young people learning general skills such as ICT, leadership, critical thinking, language skills and entrepreneurial skills, including through periods of study abroad, in order to improve their prospects on the job market and their ability to adapt to future labour market developments; calls on the Member States to give added importance to such skills in their educational curricula;

49.  Recognises the difficulties young people encounter in setting up and developing their own business; calls on the Commission and the Member States to support young entrepreneurs and young self-employed people by facilitating and simplifying access to finance, reducing administrative burdens, addressing bankruptcy laws, and creating overall preferential conditions which should include efficient counselling and mentoring and providing business incubators;

50.  Calls on the Commission and the Member States to take such measures as are necessary to encourage, promote and support business start-ups and self-employment of young women by providing them with training, counselling and easier access to credit and microcredit offering favourable terms and fiscal facilities, in particularly for SMEs;

51.  Calls on the Commission and the Member States to take such measures as are necessary to counteract the stereotype that entrepreneurship is a risky and male-dominated activity; stresses that, in order to strengthen women’s overall position on the labour market and promote entrepreneurship more effectively, measures should be taken to support regional and international cooperation between female entrepreneurs and to encourage the creation of networks of platforms for the exchange of experience and best practices;

52.  Welcomes, in the context of promoting self-employment among young people, the proposed successor to the Progress Microfinance Facility included in the Programme for Employment and Social Innovation (EaSI) for the period 2014-2020, in order to better meet demand, also among young people starting up small businesses, including university students' start-ups; welcomes the commitment of the EIB to pay particular attention to investments that improve opportunities for young people to gain access to productive jobs; stress that all three axes of the EaSI programme provide ways of combating youth unemployment;

53.  Highlights that, while the internet economy creates 2.6 jobs for every ‘offline’ job lost, it is important that young people turn e-skills in programming, design or social marketing into jobs, using available European and national funding;

54.  Calls for an ambitious and holistic policy approach - at European and national level alike - which looks at education, training, quality employment and self-employment and labour mobility initiatives, for all young people at all the various levels, in an integrated way; urges the Member States to engage in broad consultations with universities and other educational institutions, with a view to better adapting their education and training curricula to the needs of the labour market; in view of the forthcoming programming period 2014-2020, invites the Commission to make a comprehensive analysis of the EU programmes and the financial sources invested in education, training and tackling youth unemployment in the programming period 2007-2013, and to report on the matter to Parliament and the Council; stresses that youth unemployment is linked to low economic growth in most Member States; stresses therefore the urgent need to prioritise job-friendly forms of growth that will also benefit young people, and to address the structural barriers to young people’s entry into the labour market;

55.  Calls on the Commission to put forward a proposal for a European Youth Corps programme, with the aim of enabling young people under the age of 30 across Europe to do voluntary work in another Member State than their own for up to three months; stresses that the idea of such a European Youth Corps is to give young people the chance to use and upgrade their educational and social skills, increase their knowledge of another Member State, and promote friendship and integration across the EU; emphasises that Youth Corps work must be voluntary and unpaid and may not replace existing jobs in the visited country; believes that such a Youth Corps should be conceived in terms of a public-private partnership aimed at setting up a programme under which young people can receive an individual grant covering travel and living expenses for a period of up to three months;

56.  Considers that education and/or training establishments should arrange extracurricular placements so as to provide students with experience in their chosen field as a means of consolidating their knowledge and forging links with the workplace;

57.  Calls on the Member States to improve cooperation and strengthen partnerships between businesses and the educational sector at all levels, with the aim of linking curricula more closely to the demands of the labour market, for example by extending Sector Skills Alliances and Knowledge Alliances;

58.  Emphasises the importance of enhancing VET quality with the aim of striking the right balance between education and labour market demand; considers that the promotion of VET should not be done at the expense of higher education; stresses that the interaction between VET and higher education and the opening of pathways from VET to higher education need to be improved; stresses that more flexible curricula are needed in order to facilitate young people’s access to the labour market and improve adaptation to future labour market developments;

59.  Calls on the Commission to propose a Quality Framework for Traineeships, building on its earlier proposal for a European Quality Charter on Internships and Apprenticeships(15), including a definition of quality traineeships with criteria for appropriate compensation, working conditions and health and safety standards; calls on the Member States and the social partners to ensure adequate quality standards for traineeships, making sure that traineeships are tailored to the needs of young people to develop relevant skills, backed up by mandatory monitoring, as well as to ensure quality standards for work placements, inter alia with a view to preventing the exploitation of young people as cheap substitute labour; stresses that active promotion and awareness-raising in respect of such standards are needed;

60.  Calls on the Member States to pay particular attention to high youth unemployment rates among migrants, giving priority to integration into the labour market and the mainstreaming of integration policies, as employment is the key to successful integration; stresses that the difficulties encountered by young migrants in obtaining career guidance should be taken into account and that the integration of young migrants into society and the labour market should be monitored and evaluated;

61.  Calls on the Commission, the Member States and the European social partners to take on board an ambitious approach to developing the Alliance for Apprenticeship which will be launched in July 2013, and also to support European, national, regional and local campaigns for changing perceptions of vocational education; believes the Alliance should organise a regular discussion forum on the monitoring of the European apprenticeship strategy with all relevant European, national, regional and local stakeholders; stresses that access to funding should be provided to facilitate cross-border training activities that enable companies and social partner organisations to become involved in establishing dual education systems;

62.  Calls on the Member States, in agreement with the Commission, to establish measures and concessions for apprenticeship contracts and bonuses for business start-ups by young people aged under 35;

63.  Emphasises the need to enhance the framework of social partnership and social responsibility of companies and firms, so as to enable them to better incorporate the Charter of Good Quality Internships and Apprenticeships as well as the Youth Guarantee;

64.  Calls on the Commission and the Member States, when making decisions relating to the 2014-2020 programming period, to lay down more stringent and quantifiable criteria concerning the setting, monitoring and evaluation of Structural Fund objectives, with specific targets relating to the fight against youth unemployment, which should also be measurable in terms of gender (in the period 2007-2011, 52 % of Structural Fund beneficiaries were women);

65.  Invites the Commission to consider a further adaptation of the ESF in order to provide additional support in the areas of training for young women, access to employment and childcare;

66.  Believes that in bolstering and supplementing Member States’ efforts to revitalise economic activity and foster employment across their territory EU cohesion policy represents a fundamental tool with which the Union can help overcome the present situation, guiding and shaping the implementation of the necessary structural reforms, concentrating investment on priority actions in order to maximise the impact of investment on the socio-economic situation of a region or Member State, stimulating the economy, and helping create new jobs among young people; calls, therefore, on the Member States to make full and coordinated use of the available EU funding (ERDF, ESF, CF, EAFRD and EMFF), thus enabling young people to play an active part in the economy and society; stresses that account should be taken of regional specificities, given that they may dictate the success or failure of young people’s initiatives, throughout the EU and in particular in the most disadvantaged and outermost regions, where investment is necessary to ensure economic, social and territorial cohesion;

67.  Encourages the Member States to foster employment opportunities for young people locally, and to complement this by facilitating the mobility of young workers who want it to other EU countries or beyond(16); calls for measures to enhance their training and experience, including the removal of existing barriers to cross-border apprenticeships, traineeships and internships; wishes to see further progress on the mutual recognition of qualifications and skills and enhanced coordination of national social security systems, especially as regards pension systems, as well as continued substantial investment in language learning from an early age;

68.  Calls on the Member States to continue the process of reform and development of effective public employment services so as to better target their activities and approaches on young people, as a fundamental component of any national Youth Guarantee strategies; stresses the need to introduce reforms to EURES with the aim of proactively matching jobseekers and job-changers to existing vacancies, as well as with the aim of raising awareness of EURES, including its advisory network, and increasing its visibility and availability, as a career advice system that helps students become more aware of existing job opportunities; highlights the need for closer coordination between EURES and other portals and services for citizens and business (examples being ‘EURES my first job’, the Europe Direct information points or the European Enterprise Network for SMEs), in order to achieve greater efficiency and effectiveness on the part of the services provided; welcomes the work of the Heads of Public Employment Services (HoPES), and supports its institutionalisation;

69.  Calls on the Member States, in the absence of specific figures on youth migration flows, to create mechanisms for the research, monitoring and evaluation of such mobility that can be transferred to EURES in order to better address such phenomena;

70.  Stresses, in addition, the importance of raising young people’s awareness regarding use of the counselling offered in the framework of the public employment services, strengthening partnerships with schools and universities, and working towards better integration with the EURES network;

71.  Calls on the Member States to properly recognise and validate informal and non-formal learning and education and acquired competences, along with other professional experience, as a form of valorising competences so that young people can provide fuller evidence of their education and competences in relation to the requirements for successfully entering the labour market;

72.  Calls on the Commission and the Member States to implement transparency and harmonisation in the recognition of qualifications within the Union, in particular through the European Credit System for Vocational Education and Training, Europass and the European Qualifications Framework, to fully implement the Council recommendation on the validation of non-formal and informal education, and especially to secure the cross-border recognition of non-formal and informal learning; stresses the importance of implementing and reporting on these initiatives in a timely fashion;

73.  Stresses that the problem of ‘brain waste’ needs to be addressed, since having highly qualified and skilled young people working far below their potential results in non-use of their actual skills and qualifications, while at the same time having negative effects on them in social and psychological terms;

74.  Recognises that cross-border labour mobility can in part be an effective solution to match labour demand and labour supply across the Union; calls on the Member States, at the same time, to take all necessary action to prevent the phenomenon of ‘brain drain’ through sustainable measures which ensure employment opportunities for highly-skilled workers in their own Member State or region;

75.  Identifies the education-to-work transition as a crucial moment for young people; stresses the importance of measures favouring a secure transition; calls, therefore, on the Member States to develop personalised career counselling, and to strengthen guidance and advisory measures, as well as placement services tailored to the individual’s needs, starting already in the first years of secondary school, with the aim of enabling young people to make well-informed choices about their future education or vocational training, while introducing mechanisms that can monitor the opportunities offered and assess the success rate of those young people’s subsequent transition to work;

76.  Stresses the need to encourage all undertakings of a certain size to offer traineeships under a dual training scheme unless they are in major financial difficulty, and to recruit trainees at the end of their traineeships;

77.  Calls on the Member States to ensure that young people can, if they so wish, receive effective assistance in choosing their career and finding out about their rights and their minimum income;

78.  Calls on the Member States to ensure that basic training in job-seeking skills is incorporated into university courses;

79.  Believes that education systems in the EU should promote the principle of fair and equal opportunities; calls for all the necessary skills to be fostered with a view to facilitating access to lifelong learning, a sine qua non in the knowledge society;

80.  Emphasises that all financial resources invested in actively combating youth unemployment should be spent effectively; calls on the Member States to introduce a monitoring and evaluation system for employment measures implemented, which should be public and easy for citizens to access, as well as a system of verification of the effectiveness of those measures, with a view to working increasingly towards evidence-based policies that can also be shared at EU level; in this regard, notes that the establishment of a common system of result and impact indicators would contribute to the quantitative and qualitative evaluation of the progress achieved under the different programmes;

81.  Emphasises that youth organisations should have a recognised role in the monitoring and, where applicable, implementation of policies and initiatives aimed at addressing youth unemployment;

82.  Stresses the need to invest in the creation of ‘green jobs’ that are stable and are quality jobs, as a means of allowing young people to have a decent life; calls, furthermore, on the Commission and the Member States to mobilise all available funds to stimulate investment in particular in ‘green jobs’, with a view to combating the unacceptably high rate of youth unemployment;

83.  Takes the view that more attractive teaching strategies are needed, with better regional insertion and the creation of networks of platforms for the exchange of experiences and good practices between regions and Member States, taking account of varying situations and allowing flexibility in line with each region’s specific needs and characteristics, defining priority areas for the development of each region;

84.  Calls on the Member States to implement measures addressing gender inequalities that are suitable for taking into account vulnerable social groups, including persons with disabilities, migrants and single mothers;

85.  Calls on the Member States to pursue policies to encourage the presence of women in sectors and careers where they are under-represented, such as the field of science and technology (in 2009, only 33 % of research scientists in the EU were women) and the economic and financial sector, since choosing such paths would make women more competitive on the labour market;

86.  Calls on the Commission and the Member States to combat gender segregation, both in education and in the labour market, by identifying specific education and training courses and tuition based on continuous follow-up, abiding by the conclusions set out in the Commission communication of 28 November 2012 entitled ‘Rethinking Education’ (COM(2012)0669), combining education and training policies with targeted employment policies for young women, and promoting and providing incentives for the employment of women in strategic development sectors;

87.  Calls on the Member States to promote young women’s access to the labour market, take measures enabling women to remain employed while they focus on pursuing quality employment and professional growth, and close the gaps with regard to entering the labour market, careers and pay that have always characterised the relationship between women and men in the workplace;

88.  Takes the view that helping women to return to the labour market requires multidimensional policy solutions incorporating lifelong learning and action to combat precarious work and promote work with rights and differentiated work organisation practices, at the woman’s request, so that women do not have to give up their careers or take career breaks;

89.  Calls on the Member States to develop appropriate policies in full compliance with European and national legislation, and to introduce specific measures, including work-focused training and employment programmes, to ensure equal opportunities for both young men and young women in gaining actual work experience;

90.  Calls on the Commission and the Member States to develop and implement gender mainstreaming and monitoring policies that enable access for unemployed citizens to recruitment and social support services;

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

(1) OJ C 351 E, 2.12.2011, p. 29. (2) Texts adopted, P7_TA(2012)0224. (3) O-000106/2012; B7-0113/2012. (4) Texts adopted, P7_TA(2013)0016. (5) OJ C 131 E, 8.5.2013, p. 9. (6) Eurofound (2012), NEETs: young people not in employment, education or training: characteristics, costs and policy responses in Europe, Publications Office of the European Union, Luxembourg. (7) Eurofound (2012), Effectiveness of policy measures to increase the employment participation of young people, Publications Office of the European Union, Luxembourg (8) Eurofound (2011), Helping young workers during the crisis: contributions by social partners and public authorities, Publications Office of the European Union, Luxembourg. (9) Texts adopted, P7_TA(2013)0092. (10) Eurofound (2012) Recent policy developments related to those not in employment, education and training (NEETs), Publications Office of the European Union, Luxembourg (http://www.eurofound.europa.eu/docs/erm/tn1109042s/tn1109042s.pdf) (11) Eurofound (2013) Active inclusion of young people with disabilities or health problems, Publications Office of the European Union, Luxembourg (http://www.eurofound.europa.eu/publications/htmlfiles/ef1226.htm) (12) Eurofound (2012), ‘NEETs – Young people not in employment, education or training: Characteristics, costs and policy responses in Europe’. Publications Office of the European Union, Luxembourg. (13) Austrian Federal Ministry of Labour, Social Affairs and Consumer Protection, January 2012. (14) http://europa.eu/rapid/press-release_IP-12-380_en.htm?locale=fr (15) COM(2012)0728 (16) By initiatives like the MobiPro Programme

European Parliament resolution of 11 September 2013 on the Internal Market for Services: State of Play and Next Steps (2012/2144(INI))

P7_TA(2013)0366 A7-0273/2013

The European Parliament,

–  having regard to Article 3 of the Treaty on European Union,

–  having regard to Articles 9, 49 and 56 of the Treaty on the Functioning of the European Union,

–  having regard to the Commission Communication entitled ‘The implementation of the Services Directive – A partnership for new growth in services 2012-2015’ (COM(2012)0261) and the accompanying Commission staff working documents,

–  having regard to the Commission study entitled ‘The economic impact of the Services Directive: A first assessment following implementation’ (Economic Papers No 456),

–  having regard to the Commission Communication entitled ‘Towards a better functioning Single Market for services – building on the results of the mutual evaluation process of the Services Directive’ (COM(2011)0020) and the accompanying Commission staff working document entitled on the process of mutual evaluation of the Services Directive (SEC(2011)0102),

–  having regard to the Commission Communication entitled ‘Single Market Act II – Together for new growth’ (COM(2012)0573),

–  having regard to the Commission Communication entitled ‘Better Governance for the Single Market’ (COM(2012)0259),

–  having regard to the Commission Communication entitled ‘Single Market Act – Twelve levers to boost growth and strengthen confidence’ (COM(2011)0206),

–  having regard to the Commission Communication entitled ‘Towards a Single Market Act’ (COM(2010)0608),

–  having regard to the European Council Conclusions of 14-15 March 2013 on the contribution of European policies to growth and employment,

–  having regard to the European Council Conclusions of 28-29 June 2012 on a Compact for Growth and Jobs,

–  having regard to the Council Conclusions of 10 March 2011 on a better functioning Single Market for services – mutual evaluation process of the Services Directive,

–  having regard to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market(1),

–  having regard to its resolution of 7 February 2013 with recommendations to the Commission on the governance of the Single Market(2),

–  having regard to its resolution of 25 October 2012 on the 20 main concerns of European citizens and business with the functioning of the Single Market(3),

–  having regard to its resolution of 25 October 2011 on the mutual evaluation process of the Services Directive(4),

–  having regard to its resolution of 6 April 2011 on governance and partnership in the Single Market(5),

–  having regard to its resolution of 5 July 2011 on a more efficient and fairer retail market(6),

–  having regard to its resolution of 15 February 2011 on implementation of the Services Directive 2006/123/EC(7),

–  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 opinion of the Committee on Employment and Social Affairs (A7-0273/2013),

A.  whereas our single market is a cornerstone of the European construction and its good functioning is essential for the proper implementation of EU policies and is a basis for recovery;

B.  whereas the services sector accounts for more than 65 % of EU GDP and total employment and is a pillar of our economy; whereas services covered by the Services Directive amount to 45 % of EU GDP;

C.  whereas the full implementation of the Directive will greatly improve the functioning of the single market in services, in particular by facilitating the market access of SMEs and the self-employed, expanding consumer choice and helping to strengthen competitiveness in the EU, growth and employment;

D.  whereas a functional, efficient and more competitive services market is necessary for European industry, European enterprises (especially SMEs) and consumers;

E.  whereas the Services Directive has brought concrete benefits since its adoption in 2006, facilitating market access for both business and consumers, but has not yet yielded all expected results, due to shortcomings in its implementation;

F.  whereas fragmented interpretation and inadequate implementation of the directive are still hampering free movement of services across borders;

G.  whereas businesses, in particular SMEs, are still having to comply with an extensive range of administrative and bureaucratic requirements which are a heavy burden for them, particularly when taken together with the difficulties they face in gaining access to credit;

H.  whereas the risk of Services Directive fatigue should not cause us to relax our efforts to realise the directive’s full potential;

I.  whereas the time has come to act, given that, with rising unemployment and deteriorating public finances, the services sector is more than ever a source of competitiveness, growth and jobs that cannot be neglected;

Services’ untapped potential for growth and jobs

1.  Highlights that unnecessary and disproportionate administrative burden, discriminatory practices and unjustified restrictions to service provision across the EU are blocking significant sources of growth, hampering the creation of jobs and causing businesses to miss opportunities;

2.  Emphasises that if Member States were ready to implement the Services Directive properly and fully, and remove unjustified restrictions, the Commission’s ambitious estimate is that the EU could make an economic gain of up to 2,6 % of GDP in 5-10 years;

3.  Notes that the Commission should focus its efforts on those service sectors that are of great economic importance and have above-average growth potential, such as business services, construction services, tourism services and retail, so as to produce tangible results in the short term for growth and jobs;

4.  Stresses that effective enforcement of existing rules is a smart and fast way of contributing to growth without public spending; underlines the urgent need to make the directive work in practice with a view to releasing its untapped potential and contributing to Europe’s model of a balanced and sustainable social market economy;

5.  Stresses the importance of developing better indicators of Single Market performance based on real experiences and expectations of businesses and consumers to enhance functionality and their knowledge of the various rights that can be invoked to ensure access to the Single Market for Services;

6.  Welcomes the development of the Digital Single Market and new forms of services such as digital and mobile services and mixed goods/services packages; underlines the need to implement the directive to its full extent, in letter and spirit, and in a future-proof manner in order to encourage innovation;

7.  Encourages also the gradual opening-up of the internal market for services in the welfare sector, while respecting the provisions of the Services Directive;

8.  Recalls that the Services Directive does not force the liberalisation of services, but paves the way for both business and consumers to grasp the full potential of our single market in the context of a competitive social market economy;

9.  Welcomes the Commission Communication on the implementation of the Services Directive entitled ‘A partnership for new growth in services 2012-2015’ (COM(2012)0261), which responds to the reporting obligation as set out in Article 41 of the directive; reiterates the need to take account of the medium- and long-term effects of the Services Directive on employment in the EU;

Barriers, borders and burdens to free movement

10.  Regrets that there is a significant number of identified cases where Member States are inappropriately invoking overriding reasons of public interest (Article15 of the Services Directive) for the sole purpose of protecting and favouring their domestic market; considers that the use of overriding reasons of public interest should always be objectively justified and strictly proportionate to the objective pursued, consistent with European Court of Justice (ECJ) case law; highlights the fact that burdensome legal-form and shareholder requirements, territorial restrictions, economic needs tests and fixed tariffs create unjustified obstacles to efficient cross-border establishment and damage the internal market for services;

11.  Regrets that the proportionality assessment is rarely made; asks the Commission to clarify the concept of proportionality and issue practical guidance to the Member States on how to apply it, building on existing ECJ case law;

12.  Urges Member States to apply effectively and fully the freedom to provide services clause (Article16 of the Services Directive) and to remove double regulatory burdens;

13.  Points out that, for activities where the number of authorisations available may be limited because of scarcity of natural resources or technical capacity, the Services Directive states the need to enable the provider to recoup the cost of investment and to make a fair return on the capital invested, without restricting or distorting free competition;

14.  Is concerned at the growing number of discrimination cases reported by consumers; urges Member States to enforce correctly and fully Article 20(2) of the Services Directive and calls on businesses to refrain from unjustified discriminatory practices on grounds of nationality or place of residence; highlights, however, that any obligation to sell is against the fundamental principle of freedom of contract; welcomes, therefore, the Commission’s ongoing work on a guidance report on non-discrimination, striking the right balance for the benefit of consumers and businesses; welcomes also the role of European Consumer Centres in identifying and solving the irregularities observed;

Smart governance of the internal market for services

15.  Underlines that the smooth functioning of the internal market for services requires interplay with sector-specific rules that may require extra authorisations, leading to cumulative costs especially for businesses; highlights that it also depends on the implementation of other EU legislative acts; calls, therefore, on Member States to take an integrated approach to the internal market for services in order to ensure legal certainty for consumers and business, in particular SMEs;

16.  Calls on the Commission to ensure consistency between the peer review under the Services Directive and the mutual evaluation under the Professional Qualifications Directive; stresses that a careful case-by-case assessment should be made, including of the justifications put forward by Member States on why certain requirements are maintained, in order to identify specific areas where Member States are disproportionately regulating the exercise of a profession or blocking access to certain professions; urges Member States to remove such unjustified requirements;

17.  Asks the Member States to make greater use of mutual recognition to facilitate the free movement of services, wherever harmonised rules are not yet in place;

18.  Notes that the diversity of national standards is causing fragmentation and uncertainty; encourages the development of voluntary European standards for services covered by the Services Directive as a way to improve cross-border comparability and trade;

19.  Considers that the European Commission and the European standardisation organisations should work in close cooperation in order to ensure, where relevant, coherence in the terminology used so that the rules are applied consistently throughout the EU;

20.  Highlights also the fact that inadequate cross-border coverage of insurance for service providers is a major hindrance to free movement; urges stakeholders to find solutions through dialogue;

21.  Encourages broader use of the IMI-system between Member States to check compliance with the requirements of the directive, in particular in cases of the cross-border provision of services, and of European Consumer Centres as well as SOLVIT to help businesses and consumers with conflicting rules and non-compliance; underlines, to this effect, the importance of ensuring full access of associated partners to the SOLVIT network at a technical level;

22.  Notes that Single Market tools including SOLVIT should work better in terms of time taken to resolve cases; stresses the importance of improved targets and key performance indicators in this regard; welcomes the Commission’s initiative to revise SOLVIT’s legal framework;

23.  Urges Member States to upgrade to second-generation Points of Single Contact that are fully functional, multilingual and user-friendly e-government portals; stresses the importance of taking a service-provider approach covering the entire business cycle; believes that e-procedures will enhance simplification, reduce compliance costs and increase legal certainty; calls on Member States to ensure full interoperability of their PSCs and make them known across borders, informing European citizens and businesses about their rights and opportunities deriving from the Services Directive; calls, furthermore, on the Commission to set out clear benchmarking criteria for the evaluation of PSCs, including data on their usage levels, and to regularly report to Parliament on progress made;

Better enforcement for maximised economic effects

24.  Highlights the fact that, where properly enforced, the Services Directive has brought concrete results in terms of jobs and growth; supports, therefore, the exchange of best practices between Member States, including innovative solutions between competent authorities in border regions;

25.  Points out that inadequate implementation has a ‘borderless’ impact, with citizens across the EU paying the price; emphasises that all Member States have a responsibility vis-à-vis one another and the Union to enforce effectively the directive and should be confronted with their obligations on an equal footing;

26.  Calls on the Commission to assist Member States with the key problems they have identified regarding implementation and application of EU Single Market legislation, including on how to improve transposition and compliance deficits and obtaining fast and efficient judicial redress;

27.  Stresses that competent regional and local authorities must also take their shared responsibility for full and qualitative enforcement of the letter and the spirit of the directive, with the overall aim of stimulating economic activity and employment; highlights, in that respect, the importance of reducing administrative burdens;

28.  Strongly supports the Commission’s zero tolerance policy with regard to unjustified restrictions; encourages the Commission to make use of all means at its disposal to ensure full and correct implementation of existing rules, in dialogue on an equal basis with Member States; calls for fast-track infringement procedures to be applied and completed no later than 18 months, whenever incorrect or insufficient implementation or breaches of the directive by Member States are identified;

29.  Calls on the Commission to use the ‘Single Market Month’ as an opportunity to showcase the benefits of the Single Market for services to businesses;

Strengthening transparency and accountability

30.  Asks the Commission, on the basis of the outcome of the peer reviews, to list the most burdensome restrictions, propose targeted reforms and keep the Council and Parliament informed;

31.  Encourages the Commission to pay particular attention to the services sector in Annual Growth Surveys and State of Single Market Integration Reports, and to include services in the country-specific recommendations; considers that the Commission and the Council, via these detailed country-specific recommendations, should continue to encourage Member States to adopt and implement long-term growth policies;

32.  Calls on the national parliaments to engage actively in supporting the enforcement of the directive and use their powers of scrutiny vis-à-vis national authorities at all levels;

33.  Urges stakeholders, the business community and social partners to play their part in holding governments to account for revitalising the European services sector and creating stable jobs;

34.  Asks the Council and its Presidency to place the internal market for services on the agenda for Competitiveness Council meetings on a regular basis; suggests reintroducing the Commission’s ‘compliance reports’ as a means of measuring the progress made in facilitating market access;

35.  Urges the members of the European Council to take full political responsibility for a well functioning internal market for services; invites the President of the European Council to keep this topic on the European Council’s agenda for as long as is necessary, with a commonly agreed roadmap, including specific benchmarks and a timetable for Member States to give a fresh impetus and remove remaining obstacles to the full enforcement of the Services Directive;

o
o   o

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

(1) OJ L 376, 27.12.2006, p. 36. (2) Text adopted, P7_TA(2013)0054. (3) Text adopted, P7_TA(2012)0395. (4) OJ C 131 E, 8.5.2013, p. 46. (5) OJ C 296 E, 2.10.2012, p. 51. (6) OJ C 33 E, 5.2.2013, p. 9. (7) OJ C 188 E, 28.6.2012, p. 1.

European Parliament resolution of 11 September 2013 containing its recommendation to the Council, the Commission and the EEAS on the negotiations for an EU-Malaysia partnership and cooperation agreement (2013/2052(INI))

P7_TA(2013)0367 A7-0235/2013

The European Parliament,

–  having regard to Council Regulation (EEC) No 1440/80 of 30 May 1980 concerning the conclusion of the Cooperation Agreement between the European Economic Community and Indonesia, Malaysia, the Philippines, Singapore and Thailand – member countries of the Association of the South-East Asian Nations(1),

–  having regard to the negotiations authorised by the Council in November 2004 and opened in Brussels in October 2010, at the occasion of the eighth EU-Asia (ASEM8) summit, on an EU-Malaysia partnership and cooperation agreement (PCA),

–  having regard to the ASEM9 summit held in Vientiane (Laos) on 5 and 6 November 2012,

–  having regard to the Association of Southeast Asian Nations (ASEAN) summit held in Cambodia from 18 to 20 November 2012,

–  having regard to its resolution of 15 February 2007 on the draft Commission decisions establishing Country Strategy Papers and Indicative Programmes for Malaysia, Brazil and Pakistan(2),

–  having regard to its resolution of 16 December 2010 on ‘Malaysia: the practice of caning’(3),

–  having regard to its resolution of 21 January 2010 on ‘recent attacks on Christian communities’(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 the accession of the European Union to the Treaty of Amity and Cooperation in Southeast Asia in July 2012(6),

–  having regard to the ongoing negotiations on an EU-Malaysia free trade agreement (FTA),

–  having regard to the Agreement between the European Community and the Government of Malaysia on certain aspects of air services, signed in 2007(7),

–  having regard to the negotiations on a Voluntary Partnership Agreement with Malaysia in relation to the Forest Law Enforcement, Governance and Trade (FLEGT) Action Plan, which started in 2007,

–  having regard to the Malaysia-European Community Strategy Paper for the period 2007-2013,

–  having regard to Rules 90(4) and 48 of its Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs and the opinion of the Committee on International Trade (A7-0235/2013),

A.  whereas Malaysia is a founding member of ASEAN and will chair the organisation in 2015; whereas Malaysia is the EU’s second most important trading partner in ASEAN;

B.  whereas Malaysia is an active member of the Asia-Pacific Economic Cooperation (APEC) forum, the Organisation of Islamic Cooperation (OIC), the Non-Aligned Movement (NAM), the Asian Development Bank (ADB), the UN Economic and Social Commission for Asia and the Pacific (Unescap), the Colombo Plan promoting economic and social development in the Asia-Pacific region, the UN Food and Agriculture Organisation (FAO), the Asia-Europe Meeting (ASEM)), and the Brunei Darussalam-Indonesia-Malaysia-Philippines East Asian Growth Area (BIMP-EAGA); whereas Malaysia has also been a member of the World Trade Organisation (WTO) since its establishment in 1995, and is a member of the Group of 77 (G77) developing countries, the Developing Eight (D-8), the G15 and the UN Human Rights Council (2010-2013), among others;

C.  whereas in October 2010 Malaysia joined the Trans-Pacific Partnership (TPP), established in 2005 with a view to concluding a free-trade agreement which could have major consequences for EU trade policy; whereas the negotiations conducted by the TPP took a hugely important turn with the accession of the United States in February 2008, Mexico in June 2012 and Canada in October 2012;

D.  whereas Malaysia is a frequent contributor to UN and other peacekeeping missions, including to Lebanon, Timor-Leste, the Philippines, Indonesia, Pakistan, Sierra Leone, Sudan, Western Sahara, Nepal and Kosovo, and has deployed a medical unit to Afghanistan;

E.  whereas Malaysia has a multicultural, multi-linguistic, multi-faith and multi-ethnic society, with a Malay-Muslim majority and minority communities of Indians, Chinese and non-Malay indigenous people;

F.  whereas Malaysia held parliamentary elections on 5 May 2013;

G.  whereas Malaysia, an emerging economy, has established successive socioeconomic restructuring programmes, starting with the New Economic Policy (NEP) in 1971, which was replaced by the National Development Policy in 1991 and subsequently by the National Vision Policy in 2001 under the “New Economic Model” for Malaysia’s long term development goal to become a developed country by 2020 (“Vision 2020”);

H.  whereas Malaysia adopted a Peaceful Assembly Act on 20 December 2011;

I.  whereas cooperation between the EU and Malaysia on women’s rights, children’s rights, indigenous peoples’ rights, migration, freedom of the press and human rights defenders has been strengthened by regular contacts with the civil society and the Malaysian Human Rights Commission (Suhakam); whereas the EU is also gradually establishing cooperation with Malaysia in areas falling under the Common Foreign and Security Policy (CFSP) such as maritime security and non-proliferation of weapons of mass destruction;

J.  whereas to foster further relations the Malaysian Parliament set up the Interparliamentary Union (IPU) Malaysia-EU Caucus in November 2010, with members representing both the government coalition and the opposition;

1.  Addresses the following recommendations to the Council, the Commission and the European External Action Service:

2.  Instructs its President to forward this resolution containing Parliament’s recommendations to the Council, the Commission, the Vice-President of the European Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), the European External Action Service and the Government and Parliament of Malaysia.

(1) OJ L 144, 10.6.1980, p. 1. (2) OJ C 287 E, 29.11.2007, p. 507. (3) OJ C 169 E, 15.6.2012, p. 132. (4) OJ C 305 E, 11.11.2010, p. 7. (5) OJ C 56 E, 26.2.2013, p. 87. (6) OJ L 154, 15.6.2012, p. 1. (7) OJ L 414, 30.12.2006, p. 85.