Index 
Texts adopted
Wednesday, 20 November 2013 - Strasbourg
2014 budgetary procedure: joint text
 Mobilisation of the Flexibility Instrument - financing of the Cypriot Structural Funds programmes
 Draft amending budget No 9/2013: Mobilisation of the EU Solidarity Fund for Romania (Drought and forest fires in 2012) and for Germany, Austria and the Czech Republic (Flooding in May and June 2013)
 Mobilisation of the EU Solidarity Fund: drought in Romania in 2012 and flooding in Germany, Austria and the Czech Republic in 2013
 Mobilisation of the Flexibility Instrument to complement the financing in the general budget of the EU for 2013 towards the financing of the European Social Fund to increase allocations to France, Italy and Spain
 European satellite navigation systems ***I
 Macro-financial assistance to Jordan ***I
 EU-Russia agreement on drug precursors ***
 Third States and organisations with which Europol shall conclude agreements *
 Legal framework for a European Research Infrastructures Consortium *
 Common provisions on European funds ***I
 European Social Fund ***I
 European Regional Development Fund and the 'Investment for growth and jobs' goal ***I
 European Regional Development Fund and the 'European territorial cooperation' goal ***I
 Cohesion Fund ***I
 European grouping of territorial cooperation ***I
 Gender balance among non-executive directors of companies listed on stock exchanges ***I
 Key information documents for investment products ***I
 Financing, management and monitoring of the CAP ***I
 European Agricultural Fund for Rural Development ***I
 Common organisation of the markets in agricultural products ***I
 Direct payments to farmers under support schemes within the framework of the CAP ***I
 Transitional provisions on support for rural development ***I
 Provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability and to the decommitment rules for certain Member States***I
 Financial allocation for certain Member States from the European Social Fund ***I
 EC-Kiribati fisheries partnership agreement ***
 The location of the seats of the European Union's Institutions

2014 budgetary procedure: joint text
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Resolution
Annex
European Parliament legislative resolution of 20 November 2013 on the joint text on the draft general budget of the European Union for the financial year 2014 approved by the Conciliation Committee under the budgetary procedure (16106/2013 ADD 1-5 – C7-0413/2013 – 2013/2145(BUD))
P7_TA(2013)0472A7-0387/2013

The European Parliament,

–  having regard to the joint text approved by the Conciliation Committee (16106/2013 ADD 1-5 – C7‑0413/2013) and the Parliament, Council and Commission statements annexed to this resolution,

–  having regard to its resolution of 23 October 2013 on the draft general budget of the European Union for the financial year 2014 as modified by the Council – all sections(1) and the budgetary amendments therein,

–  having regard to the draft general budget of the European Union for the financial year 2014, adopted by the Commission on 28 June 2013 (COM(2013)0450),

–  having regard to the position on the draft general budget of the European Union adopted by the Council on 2 September 2013 and forwarded to Parliament on 12 September 2013 (13176/2013 – C7-0260/2013),

–  having regard to Amending Letters No 1/2014 (COM(2013)0644) and 2/2014 (COM(2013)0719) to the draft general budget of the European Union for the financial year 2014 presented by the Commission on 18 September 2013 and 16 October 2013 respectively,

–  having regard to Article 314 of the Treaty on the Functioning of the European Union and to Article 106a of the Treaty establishing the European Atomic Energy Community,

–  having regard to Council Decision 2007/436/EC, Euratom of 7 June 2007 on the system of the European Communities' own resources(2),

–  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(3),

–  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(4),

–  having regard to the Draft Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, cooperation in budgetary matters and on sound financial management,

–  having regard to the draft Council Regulation laying down the multiannual financial framework for the years 2014 - 2020,

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

–  having regard to the report of its delegation to the Conciliation Committee (A7-0387/2013),

1.  Approves the joint text agreed by the Conciliation Committee, which consists of the following documents taken together:

   list of budget lines not modified, compared to the draft budget or the Council's position;
   summary figures by financial framework headings;
   line-by-line figures on all budget items;
   consolidated document showing the figures and final text of all lines modified during the conciliation;

2.  Confirms the joint statements by Parliament, the Council and the Commission included in the joint conclusions agreed by the Conciliation Committee annexed to this resolution;

3.  Confirms the joint statements by Parliament and the Commission on payment appropriations, as well as by Parliament and the Council, on heading 5 and salary adjustments, and on EU Special Representatives, annexed to this resolution;

4.  Instructs its President to declare that the general budget of the European Union for the financial year 2014 has been definitively adopted and to arrange for its publication in the Official Journal of the European Union;

5.  Instructs its President to forward this legislative resolution to the Council, the Commission, the other institutions and bodies concerned and the national parliaments.

ANNEX

FINAL 12.11.2013

Budget 2014 – Joint conclusions

These joint conclusions cover the following sections:

1.  Budget 2014

2.  Budget 2013 – Amending Budgets No 8/2013 and No 9/2013

3.  Statements

1.  Budget 2014

1.1.  'Closed' lines

Unless stated otherwise below in these conclusions, all budget lines not amended by either Council or Parliament, and those for which Parliament accepted Council's amendments during their respective reading are confirmed.

For the other budget items, the Conciliation Committee has reached the following conclusions:

1.2.  Horizontal issues

Decentralised agencies

The number of posts for all decentralised agencies is set at the level proposed by the Commission in the Draft Budget, with the exception of:

—  European Aviation Safety Agency (EASA), for which 7 additional posts are agreed;

—  European Banking Authority (EBA), for which 8 additional posts are agreed;

—  European Insurance and Occupational Pensions Authority (EIOPA), for which 3 additional posts are agreed;

—  European Securities and Markets Authority (ESMA), for which 5 additional posts are agreed;

—  European Asylum Support Office (EASO), for which 2 additional posts are agreed; and

—  EUROPOL, for which 2 additional posts are agreed.

The EU contribution (in commitment appropriations and in payment appropriations) for decentralised agencies is set at the level proposed by the Commission in the Draft Budget (DB), with the exception of:

—  European Banking Authority (EBA), for which an additional amount of EUR 2.1 million is agreed, on the basis of the EU funding key of 40% (60% to be co-financed by national supervisory authorities);

—  European Insurance and Occupational Pensions Authority (EIOPA), for which an additional amount of EUR 1.2 million is agreed, on the basis of the EU funding key of 40% (60% to be co-financed by national supervisory authorities);

—  European Securities and Markets Authority (ESMA), for which an additional amount of EUR 2.0 million is agreed, on the basis of the EU funding key of 40% (60% to be co-financed by national supervisory authorities);

—  European Asylum Support Office (EASO), for which an additional amount of EUR 0,130 million is agreed;

—  EUROPOL, for which an additional amount of EUR 1.7 million is agreed; and

—  FRONTEX, for which an additional amount of EUR 2.0 million is agreed.

The Conciliation Committee agrees on the joint statement on decentralised agencies as set out in Section 3.4.

Executive agencies

The EU contribution (in commitment appropriations and in payment appropriations) and the number of posts for executive agencies are set at the level proposed by the Commission in Amending Letter 2/2014.

Joint Technology Initiatives (JTIs)

The EU contribution (in commitment appropriations and in payment appropriations) and the number of posts for Joint Technology Initiatives are set at the level proposed at the level proposed by the Commission in the Draft Budget (DB), as amended by Amending Letter No 1/2014.

Pilot Projects/Preparatory Actions

A comprehensive package of 68 pilot projects/preparatory actions (PP/PA), for an amount of EUR 79.4 million in commitment appropriations is agreed, as proposed by the Parliament. When a pilot project or a preparatory action appears to be covered by an existing legal basis, the Commission may propose the transfer of appropriations to the corresponding legal basis in order to facilitate the implementation of the action.

This package fully respects the ceilings for pilot projects and preparatory actions provided in the Financial Regulation.

1.3.  Expenditure headings of the financial framework - commitment appropriations

After taking into account the above conclusions on 'closed' budget lines, agencies and pilot projects and preparatory actions, the Conciliation Committee has agreed on the following:

Heading 1a

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter No 1 and No 2/2014, with the following exceptions:

in EUR million

Budget line

Name

Reinforcements / reductions of commitment appropriations

DB 2014

Budget 2014

Difference

01 02 01

Coordination, surveillance and communication on the economic and monetary union, including the euro

13,000

11,000

—  2,000

04 03 01 02

Social dialogue

38,500

-

—  38,500

04 03 01 05

Information and training sessions for workers’ organisations

-

18,600

18,600

04 03 01 06

Information, consultation and participation of representatives undertakings

-

7,250

7,250

04 03 01 08

Industrial relations and social dialogue

-

15,935

15,935

04 03 02 02

EURES – Promoting workers’ geographical mobility and boosting employment opportunities

19,310

21,300

1,990

04 03 02 03

Microfinance and Social Entrepreneurship – Facilitating access to finance for entrepreneurs, especially those furthest from the labour market, and social enterprises

25,074

26,500

1,426

06 02 05

Support activities to the European transport policy and passenger rights, including communication activities

16,019

20,019

4,000

09 03 01

Accelerating the deployment of broadband networks

-

10,000

10,000

09 04 01 01

Strengthening research in FET – Future and Emerging Technologies

241,003

246,003

5,000

15 02 10

Special Annual Events

-

3,000

3,000

Total

26,701

As a consequence, and after taking into account pilot projects and preparatory actions, as well as decentralised agencies, the margin under the expenditure ceiling of heading 1a amounts to EUR 76.0 million.

Heading 1b

Commitment appropriations are set at the level proposed in the Draft Budget, as amended by Amending Letter No 1/2014, with the exception of the following budget lines, for each of which an amount of EUR 2.5 million in commitments is agreed:

—  13 03 67 'Macro regional strategies 2014-2020: European strategy for the Baltic Sea region – Technical assistance' and

—  13 03 68 'Macro regional strategies 2014-2020: European strategy for the Danube region – Technical assistance'.

Furthermore, for the Fund for European Aid to the Most Deprived (FEAD, chapter 04 06) an additional amount of EUR 134.9 million in commitments is agreed. A corresponding amount in commitments is transferred from the European Social Fund (ESF, chapter 04 02), broken down as follows:

—  - EUR 67.9 million for the "Less developed regions" (budget line 04 02 60)

—  - EUR 22.2 million for the "Transition regions" (budget line 04 02 61)

—  - EUR 44.8 million for the "More developed regions" (budget line 04 02 62)

The Flexibility Instrument will be mobilised for an amount of EUR 89.3 million for additional assistance to Cyprus.

Heading 2

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter No 2/2014, with the exception of:

—   budget line 05 08 80 Union participation at the World Exposition 2015 “Feeding the Planet – Energy for Life” in Milan, for which an additional amount of EUR 1 million in commitments is agreed.

As a consequence, and after taking into account pilot projects and preparatory actions, the margin under the expenditure ceiling of heading 2 amounts to EUR 35.8 million.

Heading 3

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter No 2/2014, with the following exceptions:

in EUR million

Budget line

Name

Reinforcements of commitment appropriations

DB 2014

Budget 2014

Difference

15 04 02

Supporting the cultural and creative sectors to operate in Europe and beyond and to promote transnational circulation and mobility

52,922

53,922

1,000

15 04 03

MEDIA sub-programme – Supporting the MEDIA cultural and creative sectors to operate in Europe and beyond and to promote transnational circulation and mobility

102,321

103,321

1,000

16 02 01

Europe for Citizens – Strengthening remembrance and enhancing capacity for civic participation at the Union level

21,050

23,050

2,000

16 03 01 01

Multimedia actions

18,740

25,540

6,800

33 02 02

Promoting non-discrimination and equality

30,651

31,151

0,500

Total

11,300

As a consequence, and after taking into account pilot projects and preparatory actions, as well as decentralised agencies, the margin under the expenditure ceiling of heading 3 amounts to EUR 7.0 million.

Heading 4

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter No 2/2014, with the following exceptions:

in EUR million

Budget line

Name

Reinforcements / reductions of commitment appropriations

DB 2014

Budget 2014

Difference

01 03 02

Macro-financial assistance

76,257

60,000

—  16,257

19 02 01

Response to crisis and emerging crisis (Instrument for Stability)

201,867

204,337

2,470

19 02 02

Support conflict prevention, crisis preparedness and peace building (Instrument for Stability)

22,000

22,494

0,494

19 05 01

Cooperation with third countries to advance and promote European Union and mutual interests

100,511

106,109

5,598

21 02 01 01

Latin America – poverty reduction and sustainable development

205,735

0,000

—  205,735

21 02 01 02

Latin America – democracy, rule of law, good governance and respect for human rights

48,259

0,000

—  48,259

21 02 02 01

Asia – poverty reduction and sustainable development

581,964

0,000

—  581,964

21 02 02 02

Asia – democracy, rule of law, good governance and respect for human rights

154,699

0,000

—  154,699

21 02 03 01

Central Asia – poverty reduction and sustainable development

65,240

0,000

—  65,240

21 02 03 02

Central Asia– democracy, rule of law, good governance and respect for human rights

4,911

0,000

—  4,911

21 02 04 01

Middle East – poverty reduction and sustainable development

37,305

0,000

—  37,305

21 02 04 02

Middle East – democracy, rule of law, good governance and respect for human rights

13,107

0,000

—  13,107

21 02 05 01

South Africa – poverty reduction and sustainable development

22,768

0,000

—  22,768

21 02 05 02

South Africa – democracy, rule of law, good governance and respect for human rights

2,530

0,000

—  2,530

21 02 06 01

Pan-Africa – poverty reduction and sustainable development

85,210

0,000

—  85,210

21 02 06 02

Pan-Africa – democracy, rule of law, good governance and respect for human rights

9,468

0,000

—  9,468

21 02 07 01

Global Public Goods – poverty reduction and sustainable development

620,988

0,000

—  620,988

21 02 07 02

Global Public Goods – democracy, rule of law, good governance and respect for human rights

19,036

0,000

—  19,036

21 02 07 03

Environment and climate change

0,000

163,094

163,094

21 02 07 04

Sustainable energy

0,000

82,852

82,852

21 02 07 05

Human development

0,000

163,094

163,094

21 02 07 06

Food security and sustainable agriculture

0,000

197,018

197,018

21 02 07 07

Migration and asylum

0,000

46,319

46,319

21 02 08 01

Non-State actors and Local authorities — Poverty reduction and sustainable development

183,452

0,000

—  183,452

21 02 08 02

Non-State actors and Local authorities — Democracy, rule of law, good governance and respect for human rights

61,151

0,000

—  61,151

21 02 08 03

Civil society in development

0,000

212,399

212,399

21 02 08 04

Local authorities in development

0,000

36,366

36,366

21 02 09

Middle East

0,000

51,182

51,182

21 02 10

Central Asia

0,000

71,571

71,571

21 02 11

Pan Africa

0,000

97,577

97,577

21 02 12

Latin America

0,000

259,304

259,304

21 02 13

South Africa

0,000

25,978

25,978

21 02 14

Asia

0,000

537,057

537,057

21 02 15

Afghanistan

0,000

203,497

203,497

21 03 01 01

Mediterranean countries – human rights and mobility

205,355

211,087

5,731

21 03 01 02

Mediterranean countries – poverty reduction and sustainable development

680,400

687,811

7,411

21 03 01 03

Mediterranean countries – confidence building, security and the prevention and settlement of conflicts

75,950

80,199

4,249

21 03 01 04

Support to peace process and financial assistance to Palestine and to the United Nations Relief and Works Agency for Palestine Refugees (UNRWA)

250,000

300,000

50,000

21 03 02 01

Eastern Partnership – human rights and mobility

240,841

247,067

6,226

21 03 02 02

Eastern Partnership – poverty reduction and sustainable development

335,900

339,853

3,953

21 03 02 03

Eastern Partnership – confidence building, security and the prevention and settlement of conflicts

11,800

12,966

1,166

21 03 03 03

Support to other multi-country cooperation in the neighbourhood

163,277

163,771

0,494

21 04 01

Enhancing the respect for and observance of human rights and fundamental freedoms and supporting democratic reforms

127,841

132,782

4,941

21 05 01

Global and trans-regional security threats (Instrument for Stability)

81,514

82,255

0,741

21 08 02

Coordination and promotion of awareness on development issues

11,700

13,331

1,631

22 02 01

Support to Albania, Bosnia and Herzegovina, Kosovo, Montenegro, Serbia and the former Yugoslav Republic of Macedonia

22 02 01 01

Support for political reforms and progressive alignment with and adoption, implementation and enforcement of the ‘acquis communautaire’

248,565

249,800

1,235

22 02 01 02

Support for economic, social and territorial development

248,565

249,800

1,235

22 02 03

Support to Turkey

22 02 03 01

Support for political reforms and progressive alignment with and adoption, implementation and enforcement of the "acquis communautaire"

292,938

294,173

1,235

22 02 03 02

Support for economic, social and territorial development

292,938

294,173

1,235

22 03 01

Financial support for encouraging the economic development of the Turkish Cypriot community

30,000

31,482

1,482

23 02 01

Delivery of rapid, effective and needs-based humanitarian aid and food assistance

859,529

874,529

15,000

Total

131,755

As a consequence, and after taking into account pilot projects and preparatory actions, the margin under the expenditure ceiling of heading 4 amounts to EUR 10.0 million.

Heading 5

As far as establishment plan posts of the Sections are concerned, the level proposed by the Commission in the Draft Budget, as amended by Amending Letter No 2/2014, is agreed, with the exception of the European Parliament, for which its own reading is agreed.

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget, as amended by Amending Letter No 2/2014, with the exception of:

—  The amounts corresponding to the possible impact of the 2011 and 2012 salary adjustments, which are not included in the budgets of each Section at this stage, pending the ruling of the Court of Justice. The Conciliation Committee agrees on the joint statement as set out in Section 3.5;

—  Furthermore, as far as the appropriations of the other Sections are concerned, the level proposed by the European Parliament is agreed, with the following exceptions:

—  For the Court of Auditors (Section V), the abatement rate proposed by the Council is agreed;

—  For the Court of Justice (Section IV), excluding the reduction of EUR 0.6 million proposed by the European Parliament;

—  For the European External Action Service (Section X), excluding the transfer of the EU Special Representatives proposed by the European Parliament. The Conciliation Committee agrees on the joint statement as set out in Section 3.6.

—  In addition, three new lines (30 01 16 01, 30 01 16 02, 30 01 16 03) are included in the budget of the Commission (Section III), with the corresponding level of appropriations proposed by the European Parliament in its reading.

As a consequence, and after taking into account pilot projects and preparatory actions, the margin under the expenditure ceiling of heading 5 amounts to EUR 316.8 million.

Creation of function group AST/SC

The establishment plans of all EU Institutions and bodies will be modified to take account of the creation in the Staff Regulations of the new AST/SC function group, as proposed in Amending Letter No 2/2014.

Heading 6

Commitment appropriations are set at the level proposed by the Commission in the Draft Budget.

1.4.  Special instruments

Commitment appropriations for the Emergency Aid Reserve (EAR) and the European Globalisation Adjustment Fund (EGF) are set at the level proposed by the Commission in the Draft Budget.

1.5.  Payment appropriations

The overall level of payment appropriations in the 2014 budget is set at EUR 135 504 613 000.

The Council position on the Draft Budget is used as a starting point to apply the following allocation of payment appropriations across budget lines in 2014:

1.  First, account is taken of the agreed level of commitment appropriations for non-differentiated expenditure, for which the level of payment appropriations by definition is equal to the level of commitments;

2.  By analogy, the same applies to decentralised agencies, for which the EU contribution in payment appropriations is set at the level proposed in section 1.2 above;

3.  The payment appropriations for all new pilot projects and preparatory actions are set at 50% of the corresponding commitment appropriations, or to the level proposed by Parliament if lower; in the case of extension of existing pilot projects and preparatory actions the level of payments is the one defined in the Draft Budget plus 50% of the corresponding new commitments, or to the level proposed by Parliament if lower;

4.  The following specific amounts in payment appropriations are agreed:

a.  The level of payment appropriations for the EU Solidarity Fund in 2014 is set at EUR 150 million;

b.  The level of payment appropriations for the Joint Technology Initiatives is set at the level proposed in Amending Letter No 1/2014, whereas the level of payment appropriations for the International Fisheries Agreements is set at the level proposed in Amending Letter No 2/2014;

c.  The level of payment appropriations for 'Support to peace process and financial assistance to Palestine and to the United Nations Relief and Works Agency for Palestine Refugees (UNRWA)' is set at EUR 200 million;

d.  The level of payment appropriations for the Macro-regional strategies 2014-2020 is set at 50% of the level of commitments defined under heading 1b in section 1.3 above;

e.  The level of payment appropriations for the Special Annual Events is set at the level of commitments defined under heading 1a in section 1.3 above.

5.  The level of payment appropriations set in paragraphs 2 to 4 has a net impact of EUR 285 million compared with the Council position on the Draft Budget for the expenditure items concerned. Taking into account the difference between the overall level of payment appropriations of EUR 135 504 613 000 and the Council position on the Draft Budget, the remaining amount of EUR 215 million allows for an increase of payment appropriations across all budget lines with differentiated appropriations for which no specific rules have been defined in the paragraphs 2 to 4 above, in proportion with the difference between the Draft Budget proposed by the Commission and the Council position.

As part of the overall compromise, the Conciliation Committee agrees on the joint statement on payment appropriations as set out in section 3.1 below.

The Council takes note of the joint statement of the European Parliament and the Commission on payment appropriations as set out in section 3.2 below.

1.6.  Budgetary remarks

All amendments introduced by the European Parliament or the Council to the text of budgetary remarks are agreed with changes as set out in Annex 1. This is with the understanding that they cannot modify or extend the scope of an existing legal base, or impinge on the administrative autonomy of institutions, and that the action can be covered by available resources.

1.7.  New budget lines

Unless mentioned otherwise in the joint conclusions agreed by the Conciliation Committee or agreed jointly by both arms of the budgetary authority in their respective reading, the budget nomenclature as proposed by the Commission in its Draft Budget and its Amending Letters No 1 and No 2/2014 will remain unchanged, with the exception of pilot projects and preparatory actions.

These commonly agreed nomenclature changes concern the following budget lines:

Budget line

Name

04 03 01 05

Information and training sessions for workers’ organisations

04 03 01 06

Information, consultation and participation of representatives undertakings

04 03 01 08

Industrial relations and social dialogue

15 02 01

Promoting excellence and cooperation in the European education, training and youth area, its relevance to the labour market and the participation of young people in European democratic life

15 02 01 01

Education and training

15 02 01 02

Youth

15 02 10

Special Annual Events

21 02 07 03

Environment and climate change

21 02 07 04

Sustainable energy

21 02 07 05

Human development

21 02 07 06

Food security and sustainable agriculture

21 02 07 07

Migration and asylum

21 02 08 03

Civil society in development

21 02 08 04

Local authorities in development

21 02 09

Middle East

21 02 10

Central Asia

21 02 11

Pan Africa

21 02 12

Latin America

21 02 13

South Africa

21 02 14

Asia

21 02 15

Afghanistan

30 01 16 01

Retirement Pensions of former Members of the European Parliament

30 01 16 02

Invalidity Pensions of former Members of the European Parliament

30 01 16 03

Survivor’s Pensions of former Members of the European Parliament

The budget remarks for the new budget lines on Social Dialogue, as proposed by the Commission, are set out in the Annex.

1.8.  Reserves

The reserve of EUR 2 million set by the European Parliament on budget line 01 02 01 'Coordination, surveillance and communication on the economic and monetary union, including the euro' is agreed.

1.9.  Revenues

The revenue side of the budget is approved as proposed by the Commission in the Draft Budget, as amended by Amending Letter No 2/2014 adjusted to the level of payments agreed in the Conciliation Committee.

2.  Budget 2013

Draft Amending Budget (DAB) No 8/2013 is agreed with the amounts as proposed by the Council.

DAB No 9/2013 is agreed as proposed by the Council, with the following amendments:

1.   A reinforcement of EUR 200 million to meet outstanding needs for payment appropriations in 2013 in the field of research is agreed, on the following budget lines:

in EUR million

Budget line

Name

Reinforcement in payment appropriations in 2013

06 06 02 03

SESAR Joint Undertaking

12,458 million

08 02 02

Cooperation - Health - Innovative Medicines Initiative Joint Undertaking

17,981 million

08 04 01

Cooperation - Nanosciences, nanotechnologies, materials and new production technologies

19,936 million

08 06 01

Cooperation - Environment (including climate change)

2,804 million

08 10 01

Ideas

41,884 million

08 19 01

Capacities - Support for coherent development of research policies

0,406 million

09 04 01 01

Support for research cooperation in the area of information and communication technologies (ICTs - Cooperation)

40,813 million

10 03 01

Nuclear activities of the Joint Research Centre (JRC)

0,406 million

15 07 77

People

63,313 million

Total

200 million

2.  A redeployment of payment appropriations for a total amount of EUR 50 million in 2013 is agreed from the following budget lines:

in EUR million

Budget line

Name

Redeployments of payment appropriations

Budget 2013

DAB 9/2013

Difference

01 03 02

Macro-Financial Assistance

10,000

04 05 01

European Globalisation Adjustment Fund (EGF)

13,116

08 01 04 31

Research Executive Agency (REA)

3,915

08 01 05 01

Expenditure related to research staff

7,230

08 01 05 03

Other management expenditure for research

15,739

Total

50,000

The redeployment of payment appropriations for administrative support expenditure for research (chapter 08 01) in 2013 concerns non-differentiated expenditure, which leads to a corresponding reduction in commitment appropriations (- EUR 26.9 million) on the last three lines in the table above.

An amount of EUR 250 million of payment appropriations for the EU Solidarity Fund in included in the 2013 budget, whereas an amount of EUR 150 million of payment appropriations for the EU Solidarity Fund is included in the 2014 budget.

3.  Statements

3.1.  Joint statement on payment appropriations

The European Parliament, the Council, and the Commission recall their shared responsibility, as laid down in Article 323 of the Treaty on the Functioning the European Union (TFEU), that ‘the European Parliament, the Council and the Commission shall ensure that the financial means are made available to allow the Union to fulfil its legal obligation in respect of third parties’.

The European Parliament and the Council recall the need to ensure, in the light of implementation, an orderly progression of payments so as to avoid any abnormal shift of outstanding commitments (‘RAL’) onto the 2015 budget. In this respect, they will have recourse, when appropriate, to the various flexibility mechanisms included in the MFF Regulation, among others in its Article 13.

The European Parliament and the Council agree to set the level of payment appropriations for 2014 at EUR 135 504 613 000. They ask the Commission to initiate any necessary action, on the basis of the provisions of the draft MFF Regulation and the Financial Regulation, to cover the responsibility assigned by the Treaty and, in particular, after having examined the scope for reallocation of the relevant appropriations, with particular reference to any expected under-implementation of appropriations (Financial Regulation Article 41§2) to request additional payment appropriations in an amending budget if the appropriations entered in the 2014 budget are insufficient to cover expenditure.

The European Parliament and the Council will take position on any draft amending budget as quickly as possible in order to avoid any shortfall in payment appropriations. In addition, the European Parliament and the Council undertake to process swiftly any possible transfer of payment appropriations, including across financial framework headings, in order to make the best possible use of payment appropriations entered in the budget and align them to actual execution and needs.

The European Parliament, the Council and the Commission will, throughout the year, actively monitor the state of implementation of the 2014 budget, in particular under sub-heading 1b (Economic, social and territorial cohesion) and rural development under heading 2 (Sustainable Growth: Natural Resources). This will take the form of dedicated inter-institutional meetings, in accordance with point 36 of the Annex of the Interinstitutional Agreement, to take stock of payment implementation and revised forecasts.

3.2.  European Parliament and Commission statement on payment appropriations

The European Parliament and the Commission recall the need for specific and maximum flexibility within the 2014-2020 MFF. Changes to the proposed legal bases agreed by the legislative authority will lead to further pressure on the payment ceilings under the 2014-2020 MFF. In the context of the finalisation of the legislative package for the Cohesion policy 2014-2020 and taking into account the possible impact of the SME initiative, the Commission issued a declaration on the impact of the agreement reached on the performance reserve and pre-financing levels, on payment needs. Whilst the overall impact of these changes on additional payment appropriations in the 2014-2020 MFF is considered to remain limited, the Commission stated that the annual fluctuations in the global level of payments would be managed through the use of the global margin for payments. If needed, the Commission may also have recourse to the Flexibility Instrument and the Contingency Margin agreed upon in the draft MFF Regulation.

Therefore, the Commission intends to propose correcting measures in light of implementation, using, to the extent necessary, all the tools offered by the new MFF. Specifically, in the course of 2014 the Commission may have to propose to have recourse to the Contingency Margin, in accordance with Article 13 of the draft MFF Regulation.

3.3.  Council statement on payment appropriations

The Council recalls that the special instruments can only be activated to cater for genuinely unforeseen circumstances.

It recalls that the Contingency Margin shall not result in exceeding the total ceilings of commitment and payment appropriations.

As regards other special instruments, the Council recalls that Article 3(2) of the draft MFF Regulation states that commitment appropriations may be entered in the budget over and above the ceilings of the relevant headings.

3.4.  Joint statement on decentralised agencies

The European Parliament, the Council and the Commission recall the importance to progressively reduce the staffing levels of all EU institutions, bodies and agencies by 5% over five years, as agreed in point 23 of the draft Interinstitutional Agreement on budgetary discipline, cooperation in budgetary matters and on sound financial management.

The European Parliament and the Council commit to pursue progressively the above-mentioned 5% staff reduction for the period 2013-2017 while insisting as well on the proper functioning of the agencies so that they can fulfil the tasks they have been assigned by the legislative authority. In this respect, they consider that further measures, including structural ones, may be required to achieve this reduction for decentralised agencies. In this context, the Commission will continue its assessment of the possibilities to merge and/or wind-up some of the existing agencies, and/or other ways to achieve synergies.

Further to the work carried out by the Inter-Institutional Working Group, which resulted in the Common Approach on decentralised agencies agreed in July 2012, the European Parliament, the Council and the Commission agree on the need for a closer and more permanent scrutiny on the development of decentralised agencies to ensure a coherent approach. Without prejudice to their respective prerogatives, they agree to establish a specific inter-institutional working group with the aim of defining a clear development path for agencies, based on objective criteria. The Group should in particular discuss:

—  Evaluation of establishment plans on a case-by-case basis;

—  Ways to provide adequate appropriations and staff for additional tasks, assigned to individual agencies by the legislative authority;

—  Treatment of agencies which are fully or partially fee-financed;

—  Administrative structure of agencies, financing models, treatment of assigned revenues;

—  Reassessment of needs; potential mergers/closures; transfer of tasks to the Commission.

The European Parliament and the Council will take into due account the results achieved by the Inter-Institutional Working Group in their deliberations as legislative and budgetary authority.

3.5.  Joint statement on heading 5 and salary adjustments

The European Parliament and the Council agree that pending the outcome of the cases before the European Court of Justice, the appropriations related to the proposed salary adjustments of 1.7% for 2011 and 1.7% for 2012 will not be included at this stage in the 2014 budget.

Should the Court of Justice rule in favour of the Commission, the Commission will present a Draft Amending Budget in 2014 in order to cover the proposed salary adjustments, for all the Sections. Under such a scenario, the European Parliament and the Council undertake to act swiftly on the relevant Draft Amending Budget.

3.6.  Joint statement on EU Special Representatives

The Parliament and the Council agree to examine the transfer of appropriations for the European Union Special Representatives from the Commission's budget (Section III) to the budget of the European External Action Service (Section X) in the context of the 2015 budgetary procedure.

Annex 1 – Modification of budgetary remarks

With reference to section 1.6 of the joint conclusions, as compared to the budgetary remarks voted by the Council and the Parliament, the following modifications are agreed:

Heading 1A

04 03 01 05

Information and training measures for workers' organisations

Remarks

This appropriation is intended to cover expenditure on information and training measures for workers’ organisations, including representatives of workers’ organisations in the candidate countries, deriving from the implementation of Union action in the framework of the implementation of the Union social dimension action. These measures should help workers’ organisations to help address the overarching challenges facing European employment and social policy as laid down in the Europe 2020 Strategy and the Social Agenda and within the context of Union initiatives to address the consequences of the economic crisis.

Moreover, this appropriation is also intended to support the work programmes of the two institutes – ETUI (European Trade Union Institute) and EZA (European Centre for Workers’ Questions) - which have been established to promote capacity-building through educational measures and research at European level, including in candidate countries, to include worker representatives in decision-making processes to a greater extent.

This appropriation is intended to cover in particular the following activities:

—  Support for the work programmes of the two specific trade union institutes, ETUI (European Trade Union Institute) and EZA (European Centre for Workers’ Questions), which have been established to facilitate capacity-building through training and research at European level, as well as to improve the degree of involvement of workers' representatives in European governance,

—  Information and training measures for workers’ organisations, including representatives of workers’ organisations in the candidate countries, deriving from the implementation of Union action in the framework of the implementation of the Union social dimension,

—  Measures involving representatives of the social partners in the candidate countries with the specific purpose of promoting social dialogue at Union level. It is also intended to promote equal participation of women and men in the decision-making bodies of workers’ organisations."

Legal Basis

Task resulting from specific powers directly conferred on the Commission by the Treaty on the Functioning of the European Union pursuant to Article 154.

Convention concluded in 1959 between the ECSC High Authority and the International Occupational Safety and Health Information Centre (CIS) of the International Labour Office.

Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1), and the associated individual Directives.

Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels (OJ L 113, 30.4.1992, p. 19).

04 03 01 06

Information, consultation and participation of representatives of undertakings

Remarks

This appropriation is intended to provide funding for action to foster the development of employee involvement in undertakings in furtherance of Directives 97/74/EC and 2009/38/EC on European Works Councils, Directives 2001/86/EC and 2003/72/EC on employees’ involvement in the European Company and in the European Cooperative Society respectively, Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community, and Article 16 of Directive 2005/56/EC on cross-border mergers of limited liability companies.

This appropriation covers the funding of measures to strengthen transnational cooperation between workers’ and employers’ representatives in respect of information, consultation and participation of employees within companies operating in more than one Member State. Short training courses for negotiators and representatives in transnational information, consultation and participation bodies may be funded in that context. This may involve social partners from candidate countries. This appropriation may be used to finance measures enabling social partners to exercise their rights and discharge their duties as regards employee involvement, especially on European Works Councils and in SMEs, to familiarise them with transnational company agreements, and to cooperate to a greater extent in connection with Union law on employee involvement.

In addition, it may be used to finance measures to develop expertise on employee involvement across Member States, to promote cooperation between relevant authorities and stakeholders, and to foster relations with EU institutions so as to support implementation of Union law on employee involvement and make it more effective.

This appropriation is intended to cover in particular the following activities:

—  Measures to set the conditions for social dialogue in companies and proper employee involvement in undertakings as provided under directive 2009/38/EC on European Works Councils, Directives 2001/86/EC and 2003/72/EC on employees’ involvement in the European company and in the European cooperative society, respectively, Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community, Directive 98/59/EC on collective redundancies and Article 16 of Directive 2005/56/EC on cross-border mergers of limited liability companies.

—  Initiatives to strengthen transnational cooperation between workers’ and employers’ representatives in respect of information, consultation and participation of employees within companies operating in more than one Member State and short training actions for negotiators and representatives in transnational information, consultation and participation bodies may be funded in that context. This may involve social partners from candidate countries.

—  Measures to enable social partners to exercise their rights and duties as regards employee involvement, especially within the framework of European Works Councils, to familiarise them with transnational company agreements and strengthen their cooperation in respect to Union law on employee involvement.

—  Operations fostering the development of employee involvement in undertakings.

—  Innovative actions relating to employee involvement, with the view of supporting the anticipation of change and the prevention and resolution of disputes in the context of corporate restructuring, mergers, take-overs and relocation in union-scale undertakings and union-scale groups of undertakings.

—  Measures to strengthen cooperation between the social partners for the development of employee involvement in the design of solutions addressing the consequences of the economic crisis, such as mass redundancies, or the need for a shift towards an inclusive, sustainable and low-carbon economy.

—  Transnational exchange of information and good practice in matters relevant for social dialogue at company level.

Legal Basis

Task resulting from specific powers directly conferred on the Commission by the Treaty on the Functioning of the European Union pursuant to Articles 154 and 155.

Council Directive 97/74/EC of 15 December 1997 extending to the United Kingdom of Great Britain and Northern Ireland Directive 94/45/EC on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (OJ L 10, 16.1.1998, p. 22).

Council Directive 2001/86/EC of 8 October 2001 supplementing the Statute for a European Company with regard to the involvement of employees (OJ L 294, 10.11.2001, p. 22).

Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies (OJ L 225, 12.8.1998, p. 16).

Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ L 82, 22.3.2001, p. 16).

Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).

Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative Society with regard to the involvement of employees (OJ L 207 of 18.8.2003, p. 25).

Directive 2005/56/EC of the European Parliament and of the Council of 26 October 2005 on cross-border mergers of limited liability companies (OJ L 310, 25.11.2005, p. 1).

Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) (OJ L 122, 16.5.2009, p. 28).

Convention concluded in 1959 between the ECSC High Authority and the International Occupational Safety and Health Information Centre (CIS) of the International Labour Office.

04 03 01 08

Industrial relations and social dialogue

Remarks

The objective of this activity is to strengthen the role of social dialogue and promote the adoption of agreements and other joint actions between the social partners at the EU level. This appropriation is intended to cover the financing of the social partners’ participation The actions financed should help social partner organisations to address in the European employment strategy and of the social partners’ contribution to addressing the overarching challenges facing European employment and social policy as laid down in the Europe 2020 Strategy and the Social Agenda and within the context of Union initiatives to address the consequences of the economic crisis and to contribute to the improvement and dissemination of knowledge of industrial relations institutions and practices. It is intended to cover grants for promoting social dialogue at cross-industry and sectoral level in accordance with Article 154 of the Treaty on the Functioning of the European Union. The appropriations shall therefore be used to finance consultations, meetings, negotiations and other operations designed to achieve these objectives.

In addition, this appropriation is intended to cover support for industrial relations measures, in particular those designed to develop expertise and the exchange of Union-relevant information.

This appropriation is also intended to cover the funding of measures involving representatives of the social partners in the candidate countries with the specific purpose of promoting social dialogue at Union level. A gender sensitive approach is taken into account in the implementation of these objectives and it is, therefore, intended to promote equal participation of women and men in the decision-making bodies of both trade unions and employers’ organisations. These last two components are cross-cutting.

On the basis of these objectives, two sub-programmes have been established:

–  support for European social dialogue

–  improvement of expertise in industrial relations.

This appropriation is intended to cover in particular the following activities:

—  Studies, consultations, meetings of experts, negotiations, information, publications and other operations directly linked to the achievement of the above objective or measures falling under this budget line, plus any other expenditure on technical and administrative assistance not involving public authority tasks outsourced by the Commission under ad hoc service contracts.

—  Actions undertaken by social partners to promote social dialogue (including capacity of social partners) at cross-industry and sector level,

—  Actions to improve knowledge on industrial relations institutions and practices across the EU and dissemination of results,

—  Measures involving representatives of the social partners in the candidate countries with the specific purpose of promoting social dialogue at Union level. It is also intended to promote equal participation of women and men in the decision-making bodies of both trade unions and employers’ organisations,

—  Actions to support industrial relations measures, in particular those designed to develop expertise and the exchange of Union-relevant information.

Legal Basis

Task resulting from specific powers directly conferred on the Commission by the Treaty on the Functioning of the European Union pursuant to Articles 154 and 155.

15 02 10

Special Annual Events

Remarks

The remarks for this budget line read as follows:

Add following text:

This appropriation is intended to cover completion costs of measures supported as special annual sport events.

Special Annual Event: The European MOVE Week

Commitments: EUR 1 000 000; Payments: EUR 1 000 000

The European MOVE Week is a European-wide flagship event promoting grassroots sport and physical activity and their positive impact on European citizens and societies.

As part of the vision to get 100 million more Europeans to be active in sport and physical activity by 2020, the MOVE Week 2014 is a bottom-up approach, involving local communities, sports clubs, schools, workplaces and cities in a large-scale celebration of sport and physical activity. It is an integrated part of the European NowWeMove campaign and thus a sustainable contribution to more physically active and healthy European citizens.

MOVE Week 2014 will feature a minimum of 300 events from all 28 EU member states and a minimum of 150 cities, introducing new sport and physical activity initiatives and highlighting the myriad of successful existing actions.

Special Annual Event: European Special Olympics Summer Games in Antwerp, Belgium 2014

Commitments: EUR 2 000 000; Payments: EUR 2 000 000

This appropriation is intended to cover costs of measures supported as special annual events. The amount of 2 000 000 Euro allocated to co-finance the multi- annual event of The European Special Olympics Summer Games in Antwerp, Belgium (13-20 Sept 2014). This funding will also allow participating athletes from all 28 member states to train, to prepare and to attend the games in Belgium.

This event will see 2,000 athletes and their delegations from 58 countries competing over 10 days. More than 4,000 volunteers will help to make this multi-sport event unique. Along with the Sports Programme, other Scientific, Educational and Family Programmes will be set up. 30 Belgian cities will host the athletes and Antwerp will host the event. Many special events will be organised before, during, and after the Games.

(1) Texts adopted, P7_TA(2013)0437.
(2) OJ L 163, 23.6.2007, p. 17.
(3) OJ L 298, 26.10.2012, p. 1.
(4) OJ C 139, 14.6.2006, p. 1.


Mobilisation of the Flexibility Instrument - financing of the Cypriot Structural Funds programmes
PDF 200kWORD 38k
Resolution
Annex
European Parliament resolution of 20 November 2013 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the Flexibility Instrument (COM(2013)0647 – C7-0302/2013 – 2013/2223(BUD))
P7_TA(2013)0473A7-0388/2013

The European Parliament,

–  having regard to the Commission Draft Budget for the financial year 2014 (COM(2013)0450), presented on 28 June 2013, as amended by amending letter No 1 presented by the Commission on 18 September 2013 (COM(2013)0644),

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2013)0647 – C7‑0302/2013),

–  having regard to Council Regulation (EU, Euratom) No 1311/2013 laying down the multiannual financial framework for the years 2014-2020(1), and in particular Article 11 thereof,

–  having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, cooperation in budgetary matters and sound financial management(2), and in particular Point 12 thereof,

–  having regard to its position adopted on 23 October 2013 on the 2014 draft general budget,

–  having regard to the joint text approved by the Conciliation Committee on 12 November 2013 (16106/2013 ADD 1-5 – C7-0413/2013),

–  having regard to the report of the Committee on Budgets (A7-0388/2013),

A.  whereas, after having examined all possibilities for reallocating commitment appropriations under heading 1b, it appears necessary to mobilise the Flexibility Instrument for commitment appropriations,

B.  whereas the Commission has proposed to mobilise the Flexibility Instrument to complement the financing in the general budget of the European Union for the financial year 2014, beyond the ceiling of heading 1b, of EUR 78 million towards the financing of the Cypriot Structural Funds programmes to grant an additional allocation from the Structural Funds to Cyprus for the year 2014 by a total amount of EUR 100 000 000,

1.  Notes that despite contained reinforcements in commitment appropriations on a limited number of budget items and several decreases on other budget items, the 2014 ceilings of subheading 1b in commitments do not allow for the adequate financing of important and urgent political priorities of the Union carried out by Parliament and the Council;

2.  Agrees with the mobilisation of the Flexibility Instrument in commitment appropriations for the financing - under subheading 1b - of the Cypriot Structural Funds programmes for a total amount of EUR 89 330 000;

3.  Reiterates that the mobilisation of this instrument, as provided for in Article 11 of Council Regulation (EU, Euratom) No 1311/2013, highlights, once more, the crucial need for the Union budget to be increasingly flexible;

4.  Approves the decision annexed to this resolution;

5.  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;

6.  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 the mobilisation of the Flexibility Instrument

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2014/97/EU.)

(1) OJ L 347, 20.12.2013, p. 884.
(2) OJ C 373, 20.12.2013, p. 1.


Draft amending budget No 9/2013: Mobilisation of the EU Solidarity Fund for Romania (Drought and forest fires in 2012) and for Germany, Austria and the Czech Republic (Flooding in May and June 2013)
PDF 1025kWORD 617k
Resolution
Annex
European Parliament resolution of 20 November 2013 on the Council position on Draft amending budget No 9/2013 of the European Union for the financial year 2013, Section III – Commission (14872/2013 – C7-0388/2013 – 2013/2257(BUD))
P7_TA(2013)0474A7-0390/2013

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) (hereafter referred to as "IIA"),

–  having regard to Draft amending budget No 9/2013 of the European Union for the financial year 2013, which the Commission adopted on 3 October 2013 (COM(2013)0691),

–  having regard to the position adopted by the Council on 30 October 2013 on Draft amending budget No 9/2013 (14872/2013 – C7‑0388/2013),

–  having regard to the joint conclusions approved by the Conciliation Committee on 12 November 2013(4),

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

–  having regard to the report of the Committee on Budgets (A7-0390/2013),

A.  whereas Draft amending budget No 9 (DAB No 9/2013) for the year 2013 covers the mobilisation of the EU Solidarity Fund ('the Fund') for an amount of EUR 400,5 million in commitment and payment appropriations to Romania in relation to the drought and forest fires in summer 2012, and to Germany, Austria and the Czech Republic in relation to flooding in May and June 2013,

B.  whereas the purpose of DAB No 9/2013 is to formally enter this budgetary adjustment into the 2013 budget,

1.  Takes note of DAB No 9/2013, as submitted by the Commission;

2.  Calls on the Council to cease presenting its positions under Article 314(3) Treaty on the Functioning of the European Union in the form of legal acts (“Decision”), since this is not in conformity with Article 314 TFEU, as interpreted by the Court of Justice in its judgment of 17 September 2013 in Case C-77/11 Council v Parliament; recalls that a position under Article 314(3) TFEU is a preparatory act and is valid as from its date of adoption; stresses that it will reject and ignore any clause by which the Council purports to make the validity of its position in a budgetary procedure conditional on the prior approval by Parliament of a different budget, amending budget or legislative act;

3.  Deplores the Council’s position on DAB No 9/2013, which amends the Commission’s proposal with a view to fully financing the mobilisation of the Fund through redeployments from budget lines for which underimplementation is expected by the end of 2013, as identified by the Commission in its proposal for 2013 global transfer (DEC 26/2013);

4.  Endorses the agreement reached on 12 November 2013 in the framework of the Conciliation Committee with a view to financing this mobilisation up to a level of EUR 250,5 million in payment appropriations in 2013 through redeployments and EUR 150 million in 2014 through fresh appropriations; notes with satisfaction that this will allow for the financing of research needs identified in the global transfer for EUR 200 million, allowing in particular for the signing of a number of new research contracts still this year;

5.  Stresses, however, that it maintains its position of principle that the financing of special instruments, like the Fund, should be entered in the budget over and above the multiannual financial framework ceilings and does not support Council's unilateral statement on payment appropriations annexed to the joint conclusions on Budget 2014;

6.  Therefore amends the position of the Council as follows:

(in EUR million)

Budget line

Description

CA

PA

06 06 02 03

SESAR Joint Undertaking

12,458

08 02 02

Cooperation - Health - Innovative Medicines Initiative Joint Undertaking

17,981

08 04 01

Cooperation - Nanosciences, nanotechnologies, materials and new production technologies

19,936

08 06 01

Cooperation - Environment (including climate change)

2,804

08 10 01

Ideas

41,884

08 19 01

Capacities - Support for coherent development of research policies

0,406

09 04 01 01

Support for research cooperation in the area of information and communication technologies (ICTs - Cooperation)

40,813

10 03 01

Nuclear activities of the Joint Research Centre (JRC)

0,406

15 07 77

People

63,313

13 06 01

European Union Solidarity Fund — Member States

—  150,000

01 03 02

Macro-Financial Assistance

—  10,000

04 05 01

European Globalisation Adjustment Fund (EGF)

—  13,116

08 01 04 31

Research Executive Agency (REA)

—  3,915

—  3,915

08 01 05 01

Expenditure related to research staff

—  7,230

—  7,230

08 01 05 03

Other management expenditure for research

—  15,739

—  15,739

TOTAL

—  26,884

0

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

BUDGETARY ANNEX:

Draft amending budget No. 9/2013

Expenditure — EXPENDITURE

Figures

Title

Heading

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

01

Economic and financial affairs

555 684 796

428 350 972

-10 000 000

555 684 796

418 350 972

02

Enterprise

1 157 245 386

1 376 115 339

1 157 245 386

1 376 115 339

03

Competition

92 219 149

92 219 149

92 219 149

92 219 149

04

Employment and social affairs

12 214 158 933

13 743 651 206

-13 116 000

12 214 158 933

13 730 535 206

05

Agriculture and rural development

58 851 894 643

56 895 357 629

-32 331 335

58 851 894 643

56 863 026 294

06

Mobility and transport

1 740 800 530

983 961 494

12 457 557

1 740 800 530

996 419 051

07

Environment and climate action

498 383 275

404 177 073

498 383 275

404 177 073

08

Research

6 901 336 033

5 231 942 972

-26 884 000

-233 072 948

6 874 452 033

4 998 870 024

09

Communications networks, content and technology

1 810 829 637

1 507 705 211

40 812 681

1 810 829 637

1 548 517 892

40 01 40, 40 02 41

391 985

1 811 221 622

391 985

1 508 097 196

391 985

1 811 221 622

391 985

1 548 909 877

10

Direct research

424 319 156

419 320 143

405 852

424 319 156

419 725 995

11

Maritime affairs and fisheries

919 262 394

763 270 938

919 262 394

763 270 938

40 01 40, 40 02 41

115 220 000

1 034 482 394

70 190 000

833 460 938

115 220 000

1 034 482 394

70 190 000

833 460 938

12

Internal market

103 313 472

101 938 194

103 313 472

101 938 194

40 02 41

3 000 000

106 313 472

3 000 000

104 938 194

3 000 000

106 313 472

3 000 000

104 938 194

13

Regional policy

43 792 849 672

43 417 676 111

400 519 089

171 531 335

44 193 368 761

43 589 207 446

14

Taxation and customs union

144 620 394

127 227 655

144 620 394

127 227 655

15

Education and culture

2 829 575 587

2 564 555 677

63 312 858

2 829 575 587

2 627 868 535

16

Communication

265 992 159

252 703 941

265 992 159

252 703 941

17

Health and consumer protection

634 370 124

598 986 674

634 370 124

598 986 674

18

Home affairs

1 227 109 539

906 396 228

1 227 109 539

906 396 228

40 01 40, 40 02 41

111 280 000

1 338 389 539

66 442 946

972 839 174

111 280 000

1 338 389 539

66 442 946

972 839 174

19

External relations

5 001 226 243

3 292 737 301

5 001 226 243

3 292 737 301

20

Trade

107 473 453

104 177 332

107 473 453

104 177 332

21

Development and relations with African, Caribbean and Pacific (ACP) States

1 571 699 626

1 235 408 520

1 571 699 626

1 235 408 520

22

Enlargement

1 091 261 928

913 197 071

1 091 261 928

913 197 071

23

Humanitarian aid

917 322 828

979 489 048

917 322 828

979 489 048

24

Fight against fraud

75 427 800

69 443 664

75 427 800

69 443 664

40 01 40

3 929 200

79 357 000

3 929 200

73 372 864

3 929 200

79 357 000

3 929 200

73 372 864

25

Commission’s policy coordination and legal advice

193 336 661

194 086 661

193 336 661

194 086 661

26

Commission’s administration

1 030 021 548

1 023 305 407

1 030 021 548

1 023 305 407

27

Budget

142 450 570

142 450 570

142 450 570

142 450 570

28

Audit

11 879 141

11 879 141

11 879 141

11 879 141

29

Statistics

82 071 571

114 760 614

82 071 571

114 760 614

40 01 40, 40 02 41

51 900 000

133 971 571

7 743 254

122 503 868

51 900 000

133 971 571

7 743 254

122 503 868

30

Pensions and related expenditure

1 399 471 000

1 399 471 000

1 399 471 000

1 399 471 000

31

Language services

396 815 433

396 815 433

396 815 433

396 815 433

32

Energy

738 302 781

814 608 051

738 302 781

814 608 051

33

Justice

218 238 524

184 498 972

218 238 524

184 498 972

40

Reserves

1 049 836 185

231 697 385

1 049 836 185

231 697 385

Total

148 190 800 171

140 923 582 776

373 635 089

148 564 435 260

140 923 582 776

Of which Reserves: 40 01 40, 40 02 41

285 721 185

151 697 385

285 721 185

151 697 385

Title XX — Administrative expenditure allocated to policy areas

Figures

Classification by type

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

XX 01

Administrative expenditure allocated to policy areas

XX 01 01

Expenditure related to staff in active employment in policy areas

XX 01 01 01

Expenditure related to staff in active employment working with the institution

XX 01 01 01 01

Remuneration and allowances

5

1 835 168 000

1 835 168 000

XX 01 01 01 02

Expenses and allowances related to recruitment, transfers and termination of service

5

14 878 000

14 878 000

XX 01 01 01 03

Adjustments to remuneration

5

15 496 000

15 496 000

Subtotal

1 865 542 000

1 865 542 000

XX 01 01 02

Expenditure related to Commission staff in active employment of the Union delegations

XX 01 01 02 01

Remuneration and allowances

5

110 428 000

110 428 000

XX 01 01 02 02

Expenses and allowances related to recruitment, transfers and termination of service

5

7 462 000

7 462 000

XX 01 01 02 03

Appropriations to cover any adjustments to remuneration

5

871 000

871 000

Subtotal

118 761 000

118 761 000

Article XX 01 01 — Subtotal

1 984 303 000

1 984 303 000

XX 01 02

External staff and other management expenditure

XX 01 02 01

External staff working with the institution

XX 01 02 01 01

Contract staff

5

66 373 486

66 373 486

XX 01 02 01 02

Agency staff and technical and administrative assistance in support of different activities

5

23 545 000

23 545 000

XX 01 02 01 03

National civil servants temporarily assigned to the institution

5

39 727 000

39 727 000

Subtotal

129 645 486

129 645 486

XX 01 02 02

External staff of the Commission in Union delegations

XX 01 02 02 01

Remuneration of other staff

5

7 619 000

7 619 000

XX 01 02 02 02

Training of junior experts and seconded national experts

5

2 300 000

2 300 000

XX 01 02 02 03

Expenses of other staff and payment for other services

5

256 000

256 000

Subtotal

10 175 000

10 175 000

XX 01 02 11

Other management expenditure of the institution

XX 01 02 11 01

Mission and representation expenses

5

56 391 000

56 391 000

XX 01 02 11 02

Conferences and meeting costs

5

27 008 000

27 008 000

XX 01 02 11 03

Meetings of committees

5

12 863 000

12 863 000

XX 01 02 11 04

Studies and consultations

5

6 400 000

6 400 000

XX 01 02 11 05

Information and management systems

5

26 985 000

26 985 000

XX 01 02 11 06

Further training and management training

5

13 500 000

13 500 000

Subtotal

143 147 000

143 147 000

XX 01 02 12

Other management expenditure relating to Commission staff in Union delegations

XX 01 02 12 01

Missions, conferences and representation expenses

5

6 328 000

6 328 000

XX 01 02 12 02

Further training of staff in delegations

5

500 000

500 000

Subtotal

6 828 000

6 828 000

Article XX 01 02 — Subtotal

289 795 486

289 795 486

XX 01 03

Expenditure related to information and communication technology equipment and services, and buildings

XX 01 03 01

Expenditure related to information and communication technology equipment and services of the Commission

XX 01 03 01 03

Information and communication technology equipment

5

54 525 000

54 525 000

XX 01 03 01 04

Information and communication technology services

5

63 545 000

63 545 000

Subtotal

118 070 000

118 070 000

XX 01 03 02

Buildings and related expenditure relating to Commission staff in Union delegations

XX 01 03 02 01

Acquisition, renting and related expenditure

5

46 908 000

46 908 000

XX 01 03 02 02

Equipment, furniture, supplies and services

5

9 638 000

9 638 000

Subtotal

56 546 000

56 546 000

Article XX 01 03 — Subtotal

174 616 000

174 616 000

XX 01 05

Expenditure related to staff in active employment for indirect research

XX 01 05 01

Remuneration and allowances related to staff in active employment for indirect research

1.1

197 229 000

-7 230 000

189 999 000

XX 01 05 02

External staff for indirect research

1.1

47 262 000

47 262 000

XX 01 05 03

Other management expenditure for indirect research

1.1

80 253 000

-15 739 000

64 514 000

Article XX 01 05 — Subtotal

324 744 000

-22 969 000

301 775 000

Chapter XX 01 — Total

2 773 458 486

-22 969 000

2 750 489 486

Chapter XX 01 — Administrative expenditure allocated to policy areas

Article XX 01 05 — Expenditure related to staff in active employment for indirect research

Item XX 01 05 01 — Remuneration and allowances related to staff in active employment for indirect research

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

197 229 000

-7 230 000

189 999 000

Remarks

The following comments apply to all the policy areas (Enterprise and Industry, Mobility and Transport, Research, Information Society and Media, Education and Culture, Energy) involved in indirect actions under the Seventh Framework Programme for research.

This appropriation covers expenditure relating to staff covered by the Staff Regulations occupying posts on the authorised establishment plans engaged in indirect action under the nuclear and non-nuclear programmes, including staff posted in Union delegations.

The breakdown of these appropriations for staff expenditure is as follows:

Programme

Appropriation

Framework programme (nuclear)

22 840 000

Framework programme (non-nuclear)

167 159 000

Total

189 999 000

The contributions from the EFTA States pursuant to the Agreement on the European Economic Area, and in particular Article 82 thereof and Protocol 32 thereto, must be added to the appropriations entered in this item. By way of information, these amounts derive from contributions from the EFTA States entered against Article 6 3 0 of the statement of revenue, which constitute assigned revenue in accordance with Article 21(2)(e) to (g) of the Financial Regulation; they give rise to the provision of corresponding appropriations and to implementation under the ‘European Economic Area’ Annex to this part of the statement of expenditure in this section, which forms an integral part of the general budget.

Legal basis

Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1).

Council Decision 2006/970/Euratom of 18 December 2006 concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) (OJ L 400, 30.12.2006, p. 60).

Council Decision 2006/971/EC of 19 December 2006 concerning the specific programme ‘Cooperation’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 86).

Council Decision 2006/972/EC of 19 December 2006 concerning the specific programme: ‘Ideas’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 243).

Council Decision 2006/973/EC of 19 December 2006 concerning the specific programme: ‘People’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 270).

Council Decision 2006/974/EC of 19 December 2006 on the specific programme: ‘Capacities’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 299).

Council Decision 2006/976/Euratom of 19 December 2006 concerning the specific programme implementing the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) (OJ L 400, 30.12.2006, p. 404).

Council Decision 2012/93/Euratom of 19 December 2011 concerning the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013) (OJ L 47, 18.2.2012, p. 25).

Council Regulation (Euratom) No 139/2012 of 19 December 2011 laying down the rules for the participation of undertakings, research centres and universities in indirect actions under the Framework Programme of the European Atomic Energy Community and for the dissemination of research results (2012-2013) (OJ L 47, 18.2.2012, p. 1).

Council Decision 2012/94/Euratom of 19 December 2011 concerning the specific programme, to be carried out by means of indirect actions, implementing the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013) (OJ L 47, 18.2.2012, p. 33).

Item XX 01 05 03 — Other management expenditure for indirect research

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

80 253 000

-15 739 000

64 514 000

Remarks

The following comments apply to all the policy areas (Enterprise and Industry, Mobility and Transport, Research, Information Society and Media, Education and Culture, Energy) involved in indirect actions under the Seventh Framework Programme for research.

This appropriation is intended to cover other administrative expenditure for all management of research in the form of indirect action under the nuclear and non-nuclear programmes, including other administrative expenditure incurred by staff posted in Union delegations.

The breakdown of these appropriations for staff expenditure is as follows:

Programme

Appropriation

Framework programme (nuclear)

10 984 000

Framework programme (non-nuclear)

53 530 000

Total

64 514 000

The contributions from the EFTA States pursuant to the Agreement on the European Economic Area, and in particular Article 82 thereof and Protocol 32 thereto, must be added to the appropriations entered in this item. By way of information, these amounts derive from contributions from the EFTA States entered against Article 6 3 0 of the statement of revenue, which constitute assigned revenue in accordance with Article 21(2)(e) to (g) of the Financial Regulation; they give rise to the provision of corresponding appropriations and to implementation under the ‘European Economic Area’ Annex to this part of the statement of expenditure in this section, which forms an integral part of the general budget.

Legal basis

Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1).

Council Decision 2006/970/Euratom of 18 December 2006 concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) (OJ L 400, 30.12.2006, p. 60).

Council Decision 2006/971/EC of 19 December 2006 concerning the specific programme ‘Cooperation’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 86).

Council Decision 2006/972/EC of 19 December 2006 concerning the specific programme: ‘Ideas’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 243).

Council Decision 2006/973/EC of 19 December 2006 concerning the specific programme: ‘People’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 270).

Council Decision 2006/974/EC of 19 December 2006 on the specific programme: ‘Capacities’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 299).

Council Decision 2006/976/Euratom of 19 December 2006 concerning the specific programme implementing the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) (OJ L 400, 30.12.2006, p. 404).

Council Decision 2012/93/Euratom of 19 December 2011 concerning the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013) (OJ L 47, 18.2.2012, p. 25).

Council Regulation (Euratom) No 139/2012 of 19 December 2011 laying down the rules for the participation of undertakings, research centres and universities in indirect actions under the Framework Programme of the European Atomic Energy Community and for the dissemination of research results (2012-2013) (OJ L 47, 18.2.2012, p. 1).

Council Decision 2012/94/Euratom of 19 December 2011 concerning the specific programme, to be carried out by means of indirect actions, implementing the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013) (OJ L 47, 18.2.2012, p. 33).

Title 01 — Economic and financial affairs

Figures

Title Chapter

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

01 01

Administrative expenditure of the ‘Economic and financial affairs’ policy area

5

82 524 796

82 524 796

82 524 796

82 524 796

01 02

Economic and monetary union

13 000 000

12 953 676

13 000 000

12 953 676

01 03

International economic and financial affairs

4

94 550 000

56 339 890

-10 000 000

94 550 000

46 339 890

01 04

Financial operations and instruments

365 610 000

276 532 610

365 610 000

276 532 610

Title 01 — Total

555 684 796

428 350 972

-10 000 000

555 684 796

418 350 972

Chapter 01 03 — International economic and financial affairs

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

01 03

International economic and financial affairs

01 03 01

Participation in the capital of international financial institutions

01 03 01 01

European Bank for Reconstruction and Development — Provision of paid-up shares of subscribed capital

4

01 03 01 02

European Bank for Reconstruction and Development — Callable portion of subscribed capital

4

p.m.

p.m.

p.m.

p.m.

Article 01 03 01 — Subtotal

p.m.

p.m.

p.m.

p.m.

01 03 02

Macro-financial assistance

4

94 550 000

56 339 890

-10 000 000

94 550 000

46 339 890

Chapter 01 03 — Total

94 550 000

56 339 890

-10 000 000

94 550 000

46 339 890

Article 01 03 02 — Macro-financial assistance

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

94 550 000

56 339 890

-10 000 000

94 550 000

46 339 890

Remarks

This exceptional assistance aims to ease financial constraints on certain third countries experiencing macro-financial difficulties characterised by balance of payment deficits and/or serious budgetary imbalances.

It is directly linked to the implementation by the recipient countries of macro-financial stabilisation and structural adjustment measures. Union action generally complements that of the International Monetary Fund, coordinated with other bilateral donors.

The Commission informs the budgetary authority twice a year of the macro-financial situation of the beneficiary countries and reports extensively on the implementation of this assistance on a yearly basis.

Appropriations under this article will also be used to cover financial aid for the reconstruction in Georgia of the areas affected by the conflict with Russia. The actions should be primarily geared to the macro-financial stabilisation of the country. The total financial allocation for the aid was decided at an international donors’ conference in 2008.

Legal basis

Council Decision 2006/880/EC of 30 November 2006 providing exceptional Community financial assistance to Kosovo (OJ L 339, 6.12.2006, p. 36).

Council Decision 2007/860/EC of 10 December 2007 providing Community macro-financial assistance to Lebanon (OJ L 337, 21.12.2007, p. 111).

Council Decision 2009/889/EC of 30 November 2009 providing macro-financial assistance to Georgia (OJ L 320, 5.12.2009, p. 1).

Council Decision 2009/890/EC of 30 November 2009 providing macro-financial assistance to Armenia (OJ L 320, 5.12.2009, p. 3).

Decision No 938/2010/EU of the European Parliament and of the Council of 20 October 2010 providing macro-financial assistance to the Republic of Moldova (OJ L 277, 21.10.2010, p. 1).

Title 04 — Employment and social affairs

Figures

Title Chapter

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

04 01

Administrative expenditure of the ‘Employment and social affairs’ policy area

94 756 546

94 756 546

94 756 546

94 756 546

04 02

European Social Fund

1

11 804 862 310

13 358 557 851

11 804 862 310

13 358 557 851

04 03

Working in europe — Social dialogue and mobility

1

79 097 000

58 354 054

79 097 000

58 354 054

04 04

Employment, social solidarity and gender equality

1

122 286 000

108 376 020

122 286 000

108 376 020

04 05

European Globalisation Adjustment Fund (EGF)

1

p.m.

58 454 161

-13 116 000

p.m.

45 338 161

04 06

Instrument for Pre-Accession Assistance (IPA) — Human resources development

4

113 157 077

65 152 574

113 157 077

65 152 574

Title 04 — Total

12 214 158 933

13 743 651 206

-13 116 000

12 214 158 933

13 730 535 206

Chapter 04 05 — European Globalisation Adjustment Fund (EGF)

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

04 05

European Globalisation Adjustment Fund (EGF)

04 05 01

European Globalisation Adjustment Fund (EGF)

1.1

p.m.

58 454 161

-13 116 000

p.m.

45 338 161

Chapter 04 05 — Total

p.m.

58 454 161

-13 116 000

p.m.

45 338 161

Article 04 05 01 — European Globalisation Adjustment Fund (EGF)

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

p.m.

58 454 161

-13 116 000

p.m.

45 338 161

Remarks

This appropriation is intended to cover the European Globalisation Adjustment Fund (EGF) so as to enable the Union to provide temporary and targeted support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation where these redundancies have a significant adverse impact on the regional or local economy. For applications submitted before 31 December 2011, it may also be used to provide support to workers made redundant as a direct result of the global financial and economic crisis.

The maximum amount of expenditure from the Fund shall be EUR 500 000 000 per year.

The aim of this reserve, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006, is to provide additional temporary support for workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market.

The actions undertaken by the EGF should be complementary to those of the European Social Fund. There must be no double funding from these instruments.

The rules for entering the appropriations in this reserve and for mobilising the Fund are laid down in point 28 of the Interinstitutional Agreement of 17 May 2006 and in Article 12 of Regulation (EC) No 1927/2006.

Legal basis

Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund (OJ L 406, 30.12.2006, p. 1).

Regulation (EC) No 546/2009 of the European Parliament and of the Council of 18 June 2009 amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund (OJ L 167, 29.6.2009, p. 26).

Reference acts

Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (OJ C 139, 14.6.2006, p. 1).

Title 05 — Agriculture and rural development

Figures

Title Chapter

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

05 01

Administrative expenditure of the ‘Agriculture and rural development’ policy area

133 234 504

133 234 504

133 234 504

133 234 504

05 02

Interventions in agricultural markets

2

2 773 440 000

2 772 526 798

2 773 440 000

2 772 526 798

05 03

Direct aids

2

40 931 900 000

40 931 900 000

40 931 900 000

40 931 900 000

05 04

Rural development

2

14 804 955 797

13 022 586 520

14 804 955 797

13 022 586 520

05 05

Pre-accession measures in the field of agriculture and rural development

4

259 328 000

81 470 000

-32 331 335

259 328 000

49 138 665

05 06

International aspects of the ‘Agriculture and rural development’ policy area

4

6 629 000

5 069 602

6 629 000

5 069 602

05 07

Audit of agricultural expenditure

2

-84 900 000

-84 900 000

-84 900 000

-84 900 000

05 08

Policy strategy and coordination of the ‘Agriculture and rural development’ policy area

2

27 307 342

33 470 205

27 307 342

33 470 205

Title 05 — Total

58 851 894 643

56 895 357 629

-32 331 335

58 851 894 643

56 863 026 294

Chapter 05 05 — Pre-accession measures in the field of agriculture and rural development

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

05 05

Pre-accession measures in the field of agriculture and rural development

05 05 01

Special Accession Programme for Agriculture and Rural Development (Sapard) — Completion of earlier measures

05 05 01 01

The Sapard pre-accession instrument — Completion of the programme (2000 to 2006)

4

p.m.

p.m.

p.m.

p.m.

05 05 01 02

The Sapard pre-accession instrument — Completion of the pre-accession assistance related to eight applicant countries

4

p.m.

p.m.

p.m.

p.m.

Article 05 05 01 — Subtotal

p.m.

p.m.

p.m.

p.m.

05 05 02

Instrument for Pre-accession Assistance for Rural Development (IPARD)

4

259 328 000

81 470 000

-32 331 335

259 328 000

49 138 665

Chapter 05 05 — Total

259 328 000

81 470 000

-32 331 335

259 328 000

49 138 665

Article 05 05 02 — Instrument for Pre-accession Assistance for Rural Development (IPARD)

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

259 328 000

81 470 000

-32 331 335

259 328 000

49 138 665

Remarks

This appropriation is intended to cover the Union assistance to the candidate countries covered by the IPA in progressive alignment with the standards and policies of the Union, including where appropriate the acquis of the Union, with a view to membership. The rural development component shall support countries in their preparations for the implementation and management of the common agricultural policy, alignment to Union structures and post-accession Union-funded rural development programmes.

Legal basis

Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (OJ L 210, 31.7.2006, p. 82)

Title 06 — Mobility and transport

Figures

Title Chapter

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

06 01

Administrative expenditure of the ‘Mobility and transport’ policy area

68 011 011

68 011 011

68 011 011

68 011 011

06 02

Inland, air and maritime transport

1

201 808 724

151 320 581

201 808 724

151 320 581

06 03

Trans-European networks

1

1 410 000 000

721 545 956

1 410 000 000

721 545 956

06 06

Research related to transport

1

60 980 795

43 083 946

12 457 557

60 980 795

55 541 503

Title 06 — Total

1 740 800 530

983 961 494

12 457 557

1 740 800 530

996 419 051

Chapter 06 06 — Research related to transport

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

06 06

Research related to transport

06 06 02

Research related to transport (including aeronautics)

06 06 02 01

Research related to transport (including aeronautics)

1.1

p.m.

10 542 392

p.m.

10 542 392

06 06 02 02

Research related to transport (including aeronautics) — Fuel Cells and Hydrogen Joint Undertaking

1.1

2 656 000

2 305 982

2 656 000

2 305 982

06 06 02 03

SESAR Joint Undertaking

1.1

58 324 795

29 652 574

12 457 557

58 324 795

42 110 131

Article 06 06 02 — Subtotal

60 980 795

42 500 948

12 457 557

60 980 795

54 958 505

06 06 04

Appropriations accruing from contributions from (non-European Economic Area) third parties to research and technological development

1.1

p.m.

p.m.

p.m.

p.m.

06 06 05

Completion of previous programmes

06 06 05 01

Completion of programmes (prior to 2003)

1.1

p.m.

p.m.

06 06 05 02

Completion of the sixth EC framework programme (2003 to 2006)

1.1

582 998

582 998

Article 06 06 05 — Subtotal

582 998

582 998

Chapter 06 06 — Total

60 980 795

43 083 946

12 457 557

60 980 795

55 541 503

Remarks

These remarks are applicable to all the budget headings in this chapter.

These appropriations will be used for the Seventh Framework Programme of the European Community for research, technological development and demonstration activities, which covers the period 2007 to 2013.

The programme will be carried out in order to pursue the general objectives described in Article 179 of the Treaty on the Functioning of the European Union, in order to contribute to the creation of a society of knowledge, based on the European Research Area, i.e. supporting transnational cooperation at all levels throughout the Union, taking the dynamism, creativity and the excellence of European research to the limits of knowledge, strengthening human resources for research and for technology in Europe, quantitatively and qualitatively and research and innovation capacities in the whole of Europe and ensuring optimum use thereof.

Also entered against these articles and items are the costs of high-level scientific and technological meetings, conferences, workshops and seminars of European interest organised by the Commission, the funding of high-level scientific and technological analyses and evaluations carried out on behalf of the Union to investigate new areas of research suitable for Union action, inter alia, in the context of the European Research Area, and measures to monitor and disseminate the results of the programmes, including measures under previous framework programmes.

These appropriations also cover administrative expenditure, including expenditure on staff, information, publications, administrative and technical operation, and certain other expenditure items relating to internal infrastructure to achieve the objective of the measure of which they form an integral part, including the action and measures necessary to prepare and monitor of the Union’s RTD strategy.

The possibility of third countries or institutes from third countries taking part in European cooperation in the field of scientific and technical research is envisaged for some of these projects. Any financial contribution will be entered in Items 6 0 1 3 and 6 0 1 5 of the statement of revenue and may give rise to the provision of additional appropriations in accordance with Article 21 of the Financial Regulation.

Revenue from States taking part in the European Cooperation in the field of scientific and technical research will be entered in Item 6 0 1 6 of the of the statement of revenue and may give rise to the provision of additional appropriations in accordance with Article 21 of the Financial Regulation.

Any revenue from the contributions from candidate countries and, if applicable, the western Balkan potential candidate countries for participating in Union programmes entered in Item 6 0 3 1 of the statement of revenue may give rise to the provision of additional appropriations in accordance with Article 21(2)(e) to (g) of the Financial Regulation.

Any revenue from the contribution by outside bodies to Union activities will be entered in Item 6 0 3 3 of the statement of revenue and may give rise to the provision of additional appropriations in accordance with Article 21 of the Financial Regulation.

Additional appropriations will be made available under Article 06 06 04.

Article 06 06 02 — Research related to transport (including aeronautics)

Item 06 06 02 03 — SESAR Joint Undertaking

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

58 324 795

29 652 574

12 457 557

58 324 795

42 110 131

Remarks

This appropriation is intended to cover the development phase of the SESAR programme for the implantation of the technological component of the single European sky policy (SESAR), including the functioning of the SESAR Joint Undertaking.

The contributions from the EFTA States pursuant to the Agreement on the European Economic Area, and in particular Article 82 thereof and Protocol 32 thereto, must be added to the appropriations entered in this item. By way of information, these amounts derive from contributions from the EFTA States entered against Article 6 3 0 of the statement of revenue, which constitute assigned revenue in accordance with Article 21(2)(e) to (g) of the Financial Regulation; they give rise to the provision of corresponding appropriations and to implementation under the ‘European Economic Area’ Annex to this part of the statement of expenditure in this section, which forms an integral part of the general budget.

Legal basis

Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1).

Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (OJ L 391, 30.12.2006, p. 1).

Council Decision 2006/971/EC of 19 December 2006 concerning the specific programme ‘Cooperation’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 86).

Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) (OJ L 64, 2.3.2007, p. 1).

Council Regulation (EC) No 1361/2008 of 16 December 2008 amending Regulation (EC) No 219/2007 on the establishment of a joint undertaking to develop the new generation European air traffic management system (SESAR) (OJ L 352, 31.12.2008, p. 12).

Title 08 — Research

Figures

Title Chapter

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

08 01

Administrative expenditure of the ‘Research’ policy area

346 871 798

346 871 798

-26 884 000

-26 884 000

319 987 798

319 987 798

08 02

Cooperation — Health

1

1 011 075 530

842 660 918

17 980 852

1 011 075 530

860 641 770

08 03

Cooperation — Food, agriculture and fisheries, and biotechnology

1

363 076 419

323 404 000

363 076 419

323 404 000

08 04

Cooperation — Nanosciences, nanotechnologies, materials and new production technologies

1

621 408 062

504 625 722

19 936 245

621 408 062

524 561 967

08 05

Cooperation — Energy

1

218 718 047

165 048 655

218 718 047

165 048 655

08 06

Cooperation — Environment (including climate change)

1

340 570 726

283 092 998

2 804 213

340 570 726

285 897 211

08 07

Cooperation — Transport (including aeronautics)

1

560 200 746

444 884 572

560 200 746

444 884 572

08 08

Cooperation — Socioeconomic sciences and the humanities

1

112 677 988

67 955 934

112 677 988

67 955 934

08 09

Cooperation — Risk-sharing finance facility (RSFF)

1

p.m.

p.m.

p.m.

p.m.

08 10

Ideas

1

1 714 721 109

1 026 958 500

41 883 890

1 714 721 109

1 068 842 390

08 12

Capacities — Research infrastructures

1

74 993 775

128 562 844

74 993 775

128 562 844

08 13

Capacities — Research for the benefit of small and medium-sized enterprises (SMEs)

1

274 436 455

236 286 122

274 436 455

236 286 122

08 14

Capacities — Regions of knowledge

1

27 351 639

19 269 599

27 351 639

19 269 599

08 15

Capacities — Research potential

1

74 266 567

56 254 471

74 266 567

56 254 471

08 16

Capacities — Science in society

1

63 656 771

40 164 131

63 656 771

40 164 131

08 17

Capacities — International cooperation activities

1

39 858 805

27 329 402

39 858 805

27 329 402

08 18

Capacities — Risk-sharing finance facility (RSFF)

1

50 221 512

50 237 726

50 221 512

50 237 726

08 19

Capacities — Support for coherent development of research policies

1

13 470 414

8 912 772

405 852

13 470 414

9 318 624

08 20

Euratom — Fusion energy

1

937 673 290

573 362 274

-289 200 000

937 673 290

284 162 274

08 21

Euratom — Nuclear fission and radiation protection

1

56 086 380

54 244 745

56 086 380

54 244 745

08 22

Completion of previous framework programmes and other activities

1

p.m.

31 815 789

p.m.

31 815 789

08 23

Research programme of the Research Fund for Coal and Steel

1

p.m.

p.m.

p.m.

p.m.

Title 08 — Total

6 901 336 033

5 231 942 972

-26 884 000

-233 072 948

6 874 452 033

4 998 870 024

Remarks

These remarks apply to all the budget headings in this title (with the exception of Chapter 08 22).

These appropriations will be used in accordance with Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (OJ L 391, 30.12.2006, p. 1) and Council Regulation (Euratom) No 1908/2006 of 19 December 2006 laying down the rules for the participation of undertakings, research centres and universities in action under the seventh framework programme of the European Atomic Energy Community and for the dissemination of research results (2007 to 2011) (OJ L 400, 30.12.2006, p. 1).

For all appropriations under this title the same definition of small and medium-sized enterprises (SMEs) as is used for the horizontal SME-specific programmes within the same framework programme shall apply. That definition reads as follows: ‘An eligible SME is a legal entity that complies with the SME definition set out in Commission Recommendation 2003/361/EC and is not a research centre, research institute, contract research organisation or consultancy firm’. All research activities conducted pursuant to the Seventh Framework Programme will be carried out in compliance with fundamental ethical principles (in accordance with Article 6(1) of Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1)), including animal welfare requirements. This will include, in particular, the principles laid down in Article 6 of the Treaty on European Union and in the Charter of Fundamental Rights of the European Union. Particular account will be taken of the need to step up efforts to enhance the participation and role of women in science and research.

Also entered against these articles and items are the costs of high-level scientific and technological meetings, conferences, workshops and seminars of European interest organised by the Commission, the funding of high-level scientific and technological analyses and evaluations carried out on behalf of the Union to investigate new areas of research suitable for Union action, inter alia, in the context of the European Research Area, and measures to monitor and disseminate the results of the programmes, including measures under previous framework programmes.

These appropriations also cover administrative expenditure, including expenditure on staff, whether covered by the Staff Regulations or not, information, publications, administrative and technical operation, and certain other expenditure items relating to internal infrastructure linked with the achievement of the objective of the measure of which they form an integral part, including the action and initiatives necessary for preparation and monitoring of the Union’s strategy on research, technological development and demonstration (RTD).

Revenue resulting from cooperation agreements between the European Atomic Energy Community and Switzerland or the multilateral European Fusion Development Agreement (EFDA) will be entered in Items 6 0 1 1 and 6 0 1 2 of the statement of revenue and may give rise to the provision of additional appropriations in accordance with Article 21 of the Financial Regulation.

The possibility of third countries or institutes from third countries taking part in European Cooperation in the field of Scientific and Technical Research is envisaged for some of these projects. Any financial contribution will be entered in Items 6 0 1 3 and 6 0 1 5 of the statement of revenue and may give rise to the provision of additional appropriations in accordance with Article 21 of the Financial Regulation.

Revenue from States taking part in the European Cooperation in the field of Scientific and Technical Research will be entered in Item 6 0 1 6 of the of the statement of revenue and may give rise to the provision of additional appropriations in accordance with Article 21 of the Financial Regulation.

Any revenue from the contributions from candidate countries and, if applicable, the western Balkan potential candidate countries for participating in Union programmes entered in Item 6 0 3 1 of the statement of revenue may give rise to the provision of additional appropriations in accordance with Article 21(2)(e) to (g) of the Financial Regulation.

Any revenue from the contribution by outside bodies to Union activities will be entered in Item 6 0 3 3 of the statement of revenue and may give rise to the provision of additional appropriations in accordance with Article 21 of the Financial Regulation.

Additional appropriations will be made available under Article 08 22 04.

In order to be able to meet the goal of 15 % SME participation in the projects financed by these appropriations, as laid down in Decision No 1982/2006/EC, more specific action is needed. Qualifying projects under the SME specific programmes should be made eligible for funding under the thematic programme when they fulfil the necessary (thematic) requirements.

Chapter 08 01 — Administrative expenditure of the ‘Research’ policy area

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

08 01

Administrative expenditure of the ‘Research’ policy area

08 01 01

Expenditure related to staff in active employment in the Research policy area

5

8 879 594

8 879 594

08 01 02

External staff and other management expenditure of the Research policy area

08 01 02 01

External staff

5

265 716

265 716

08 01 02 11

Other management expenditure

5

394 554

394 554

Article 08 01 02 — Subtotal

660 270

660 270

08 01 03

Expenditure related to information and communication technology equipment and services of the Research policy area

5

561 934

561 934

08 01 04

Support expenditure for operations of the Research policy area

08 01 04 30

European Research Council Executive Agency (ERCEA)

1.1

39 000 000

39 000 000

08 01 04 31

Research Executive Agency (REA)

1.1

49 300 000

-3 915 000

45 385 000

08 01 04 40

European Joint Undertaking for ITER — Fusion for Energy (F4E) — Expenditure on administrative management

1.1

39 390 000

39 390 000

Article 08 01 04 — Subtotal

127 690 000

-3 915 000

123 775 000

08 01 05

Support expenditure for operations in the Research policy area

08 01 05 01

Expenditure related to research staff

1.1

127 793 000

-7 230 000

120 563 000

08 01 05 02

External staff for research

1.1

26 287 000

26 287 000

08 01 05 03

Other management expenditure for research

1.1

55 000 000

-15 739 000

39 261 000

Article 08 01 05 — Subtotal

209 080 000

-22 969 000

186 111 000

Chapter 08 01 — Total

346 871 798

-26 884 000

319 987 798

Article 08 01 04 — Support expenditure for operations of the ‘Research’ policy area

Item 08 01 04 31 — Research Executive Agency (REA)

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

49 300 000

-3 915 000

45 385 000

Remarks

This appropriation is intended to cover the operating costs of the Research Executive Agency incurred as a result of the Agency’s role in the management of certain areas of the specific ‘People’, ‘Capacities’ and ‘Cooperation’ programmes in the field of research.

The contributions from the EFTA States pursuant to the Agreement on the European Economic Area, and in particular Article 82 thereof and Protocol 32 thereto, must be added to the appropriations entered in this item. By way of information, these amounts derive from contributions from the EFTA States entered against Article 6 3 0 of the statement of revenue, which constitute assigned revenue in accordance with Article 21(2)(e) to (g) of the Financial Regulation; they give rise to the provision of corresponding appropriations and to implementation under the ‘European Economic Area’ Annex to this part of the statement of expenditure in this section, which forms an integral part of the general budget.

The Agency’s establishment plan is set out in the Part entitled ‘Establishment plan staff’ of Section III — Commission (Volume 3).

Legal basis

Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1).

Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (OJ L 391, 30.12.2006, p. 1).

Council Decision 2006/971/EC of 19 December 2006 concerning the specific programme ‘Cooperation’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 86).

Council Decision 2006/973/EC of 19 December 2006 concerning the specific programme ‘People’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 269).

Council Decision 2006/974/EC of 19 December 2006 on the specific programme ‘Capacities’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 299).

Reference acts

Commission Decision 2008/46/EC of 14 December 2007 setting up the ‘Research Executive Agency’ for the management of certain areas of the specific Community programmes People, Capacities and Cooperation in the field of research in application of Council Regulation (EC) No 58/2003 (OJ L 11, 15.1.2008, p. 9).

Article 08 01 05 — Support expenditure for operations in the ‘Research’ policy area

Item 08 01 05 01 — Expenditure related to research staff

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

127 793 000

-7 230 000

120 563 000

Item 08 01 05 03 — Other management expenditure for research

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

55 000 000

-15 739 000

39 261 000

Chapter 08 02 — Cooperation — Health

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

08 02

Cooperation — Health

08 02 01

Cooperation — Health

1.1

799 767 530

737 750 113

799 767 530

737 750 113

08 02 02

Cooperation — Health — Innovative Medicines Initiative Joint Undertaking

1.1

207 068 000

100 719 908

17 980 852

207 068 000

118 700 760

08 02 03

Cooperation — Health — Support expenditure for Innovative Medicines Initiative Joint Undertaking

1.1

4 240 000

4 190 897

4 240 000

4 190 897

Chapter 08 02 — Total

1 011 075 530

842 660 918

17 980 852

1 011 075 530

860 641 770

Article 08 02 02 — Cooperation — Health — Innovative Medicines Initiative Joint Undertaking

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

207 068 000

100 719 908

17 980 852

207 068 000

118 700 760

Remarks

The Innovative Medicines Initiative Joint Undertaking shall contribute to the implementation of the Seventh Framework Programme and in particular the ‘Health’ theme of the specific ‘Cooperation’ programme implementing the Seventh Framework Programme. It shall have the objective of significantly improving the efficiency and effectiveness of the drug development process with the long-term aim that the pharmaceutical sector will produce more effective and safer innovative medicines. In particular it shall:

—  support ‘pre-competitive pharmaceutical research and development’ in the Member States and countries associated to the Seventh Framework Programme via a coordinated approach to overcome the identified research bottlenecks in the drug development process,

—  support the implementation of the research priorities as set out by the Research Agenda of the Joint Technology Initiative on Innovative Medicines (‘Research Activities’), notably by awarding grants following competitive calls for proposals,

—  ensure complementarity with other activities of the Seventh Framework Programme,

—  be a public-private partnership aiming at increasing the research investment in the biopharmaceutical sector in the Member States and countries associated to the Seventh Framework Programme by pooling resources and fostering collaboration between the public and private sectors,

—  promote the involvement of small and medium-sized enterprises in its activities, in line with the objectives of the Seventh Framework Programme.

The contributions from the EFTA States pursuant to the Agreement on the European Economic Area, and in particular Article 82 thereof and Protocol 32 thereto, must be added to the appropriations entered in this article. By way of information, these amounts derive from contributions from the EFTA States entered against Article 6 3 0 of the statement of revenue, which constitute assigned revenue in accordance with Article 21(2)(e) to (g) of the Financial Regulation; they give rise to the provision of corresponding appropriations and to implementation under the ‘European Economic Area’ Annex to this part of the statement of expenditure in this section, which forms an integral part of the general budget.

Legal basis

Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1).

Council Decision 2006/971/EC of 19 December 2006 concerning the specific programme ‘Cooperation’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 86).

Council Regulation (EC) No 73/2008 of 20 December 2007 setting up the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines (OJ L 30, 4.2.2008, p. 38).

Chapter 08 04 — Cooperation — Nanosciences, nanotechnologies, materials and new production technologies

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

08 04

Cooperation — Nanosciences, nanotechnologies, materials and new production technologies

08 04 01

Cooperation — Nanosciences, nanotechnologies, materials and new production technologies

1.1

612 616 062

497 518 000

19 936 245

612 616 062

517 454 245

08 04 02

Cooperation — Nanosciences, nanotechnologies, materials and new production technologies — Fuel Cells and Hydrogen Joint Undertaking

1.1

8 792 000

7 107 722

8 792 000

7 107 722

Chapter 08 04 — Total

621 408 062

504 625 722

19 936 245

621 408 062

524 561 967

Article 08 04 01 — Cooperation — Nanosciences, nanotechnologies, materials and new production technologies

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

612 616 062

497 518 000

19 936 245

612 616 062

517 454 245

Remarks

The actions carried out in this area are intended to help reach the critical mass of capacities needed to develop and exploit, in particular with a view to eco-efficiency and reducing the discharge of dangerous substances into the environment, state-of-the-art technologies which are the basis for products, services and manufacturing procedures in years to come, based mainly on knowledge and intelligence.

Sufficient appropriations must be provided for nano research in connection with environmental and health risk assessment, since only 5 to 10 % of global nano research is devoted to this today.

Sufficient budgetary appropriations must be provided for activities promoting research and the emergence of resource-efficiency processes and practices including eco-design, reusability, recyclability and research into substitution of hazardous or critical substances.

Expenditure on meetings, conferences, workshops and high-level scientific or technological seminars of European interest organised by the Commission, the funding of studies, grants, monitoring and assessment of specific programmes, funding the IMS secretariat, high-level scientific or technological assessments and evaluations, as well as actions carried out under the previous framework programmes will also be charged.

The contributions from the EFTA States pursuant to the Agreement on the European Economic Area, and in particular Article 82 thereof and Protocol 32 thereto, must be added to the appropriations entered in this article. By way of information, these amounts derive from contributions from the EFTA States entered against Article 6 3 0 of the statement of revenue, which constitute assigned revenue in accordance with Article 21(2)(e) to (g) of the Financial Regulation; they give rise to the provision of corresponding appropriations and to implementation under the ‘European Economic Area’ Annex to this part of the statement of expenditure in this section, which forms an integral part of the general budget.

Legal basis

Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1).

Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (OJ L 391, 30.12.2006, p. 1).

Council Decision 2006/971/EC of 19 December 2006 concerning the specific programme ‘Cooperation’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 86).

Chapter 08 06 — Cooperation — Environment (including climate change)

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

08 06

Cooperation — Environment (including climate change)

08 06 01

Cooperation — Environment (including climate change)

1.1

336 619 726

280 421 301

2 804 213

336 619 726

283 225 514

08 06 02

Cooperation — Environment — Fuel Cells and Hydrogen Joint Undertaking

1.1

3 951 000

2 671 697

3 951 000

2 671 697

Chapter 08 06 — Total

340 570 726

283 092 998

2 804 213

340 570 726

285 897 211

Article 08 06 01 — Cooperation — Environment (including climate change)

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

336 619 726

280 421 301

2 804 213

336 619 726

283 225 514

Remarks

Environmental research within the Seventh Framework Programme will be implemented through the ‘Environment (including climate change)’ theme. The objective is to promote sustainable management of the natural and human environment and its resources by advancing our knowledge of the interactions between the biosphere, ecosystems and human activities, and developing new technologies, tools and services, in order to address in an integrated way global environmental issues. Emphasis will be put on prediction of climate, ecological, earth and ocean systems changes and on tools and technologies, for monitoring, prevention and mitigation of environmental pressures and risks including on human health, and for the sustainability of the natural and man-made environment.

Research on this theme will contribute to the implementation of international commitments and initiatives such as Global Earth Observation (GEO). In addition, it will support the research needs arising from the existing and future Union legislation and policies, associated thematic strategies and the action plans on environmental technologies and on environment and health. Research will also contribute technological developments that will improve the market positioning of European enterprises, in particular of small and medium-sized enterprises, in areas such as environmental technologies.

The contributions from the EFTA States pursuant to the Agreement on the European Economic Area, and in particular Article 82 thereof and Protocol 32 thereto, must be added to the appropriations entered in this article. By way of information, these amounts derive from contributions from the EFTA States entered against Article 6 3 0 of the statement of revenue, which constitute assigned revenue in accordance with Article 21(2)(e) to (g) of the Financial Regulation; they give rise to the provision of corresponding appropriations and to implementation under the ‘European Economic Area’ Annex to this part of the statement of expenditure in this section, which forms an integral part of the general budget.

Legal basis

Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1).

Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (OJ L 391, 30.12.2006, p. 1).

Council Decision 2006/971/EC of 19 December 2006 concerning the specific programme ‘Cooperation’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 86).

Chapter 08 10 — Ideas

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

08 10

Ideas

08 10 01

Ideas

1.1

1 714 721 109

1 026 958 500

41 883 890

1 714 721 109

1 068 842 390

Chapter 08 10 — Total

1 714 721 109

1 026 958 500

41 883 890

1 714 721 109

1 068 842 390

Article 08 10 01 — Ideas

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

1 714 721 109

1 026 958 500

41 883 890

1 714 721 109

1 068 842 390

Remarks

The general aim of the activities carried out as part of the specific ‘Ideas’ programme, through the creation of the European Research Council, is to identify the best research teams in Europe and to stimulate research at the frontiers of knowledge by funding high-risk and multi-disciplinary projects evaluated according to the sole criteria of excellence as judged by peers at European level, while encouraging in particular the creation of networks among research groups in different countries in order to promote the development of a European scientific community.

The contributions from the EFTA States pursuant to the Agreement on the European Economic Area, and in particular Article 82 thereof and Protocol 32 thereto, must be added to the appropriations entered in this article. By way of information, these amounts derive from contributions from the EFTA States entered against Article 6 3 0 of the statement of revenue, which constitute assigned revenue in accordance with Article 21(2)(e) to (g) of the Financial Regulation; they give rise to the provision of corresponding appropriations and to implementation under the ‘European Economic Area’ Annex to this part of the statement of expenditure in this section, which forms an integral part of the general budget.

This appropriation will also cover expenditure corresponding to revenue giving rise to the provision of additional appropriations from (non-European Economic Area) third parties or third countries participating in projects in the field of research and technological development.

In accordance with Article 21 of the Financial Regulation, any revenue entered in Items 6 0 1 3, 6 0 1 5, 6 0 1 6, 6 0 3 1 and 6 0 3 3 of the statement of revenue may give rise to the provision of additional appropriations.

Legal basis

Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 412, 30.12.2006, p. 1).

Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (OJ L 391, 30.12.2006, p. 1).

Council Decision 2006/972/EC of 19 December 2006 concerning the specific programme ‘Ideas’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 243).

Chapter 08 19 — Capacities — Support for coherent development of research policies

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

08 19

Capacities — Support for coherent development of research policies

08 19 01

Capacities — Support for coherent development of research policies

1.1

13 470 414

8 912 772

405 852

13 470 414

9 318 624

Chapter 08 19 — Total

13 470 414

8 912 772

405 852

13 470 414

9 318 624

Article 08 19 01 — Capacities — Support for coherent development of research policies

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

13 470 414

8 912 772

405 852

13 470 414

9 318 624

Remarks

Increasing investment in research and development up to the 3 % objective and improving its effectiveness is a top priority under the Europe 2020 Strategy. Thus, the development of a coherent mix of policies to leverage public and private research investments is a major concern for public authorities. Actions under this heading will support the development of effective and coherent research policies at regional, national and Union level, through the provision of structured information, indicators and analyses, and through actions aimed at coordinating research policies, in particular application of the open method of coordination to research policy.

The contributions from the EFTA States pursuant to the Agreement on the European Economic Area, and in particular Article 82 thereof and Protocol 32 thereto, must be added to the appropriations entered in this article. By way of information, these amounts derive from contributions from the EFTA States entered against Article 6 3 0 of the statement of revenue, which constitute assigned revenue in accordance with Article 21(2)(e) to (g) of the Financial Regulation; they give rise to the provision of corresponding appropriations and to implementation under the ‘European Economic Area’ Annex to this part of the statement of expenditure in this section, which forms an integral part of the general budget.

Legal basis

Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 412, 30.12.2006, p. 1).

Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (OJ L 391, 30.12.2006, p. 1).

Council Decision 2006/974/EC of 19 December 2006 on the specific programme ‘Capacities’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 299).

Chapter 08 20 — Euratom — Fusion energy

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

08 20

Euratom — Fusion energy

08 20 01

Euratom — Fusion energy

1.1

72 163 290

78 549 779

72 163 290

78 549 779

08 20 02

Euratom — European Joint Undertaking for ITER — Fusion for Energy (F4E)

1.1

865 510 000

494 812 495

-289 200 000

865 510 000

205 612 495

Chapter 08 20 — Total

937 673 290

573 362 274

-289 200 000

937 673 290

284 162 274

Article 08 20 02 — Euratom — European Joint Undertaking for ITER — Fusion for Energy (F4E)

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

865 510 000

494 812 495

-289 200 000

865 510 000

205 612 495

Remarks

Fusion offers the prospect of an almost limitless supply of clean energy, with ITER being the crucial next step in the progress towards this ultimate goal. To this end, the European Organisation for ITER and the Development of Fusion Energy, in the form of a Joint Undertaking was established. This European Joint Undertaking for ITER and the Development of Fusion Energy (Fusion for Energy) has the following tasks:

(a)  to provide the contribution of Euratom to the ITER International Fusion Energy Organization;

(b)  to provide the contribution of Euratom to broader approach activities with Japan for the rapid realisation of fusion energy;

(c)  to implement a programme of activities in preparation for the construction of a demonstration fusion reactor and related facilities including the International Fusion Materials Irradiation Facility (IFMIF).

Legal basis

Council Decision of 25 September 2006 concerning the conclusion, by the Commission, of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project, of the Arrangement on Provisional Application of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation on the ITER Project and of the Agreement on the Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project.

Commission Decision 2006/943/Euratom of 17 November 2006 on Provisional Application of the Agreement on the Establishment of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project and of the Agreement on Privileges and Immunities of the ITER International Fusion Energy Organization for the Joint Implementation of the ITER Project (OJ L 358, 16.12.2006, p. 60).

Council Decision 2006/970/Euratom of 18 December 2006 concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) (OJ L 400, 30.12.2006, p. 60).

Council Regulation (Euratom) No 1908/2006 of 19 December 2006 laying down the rules for the participation of undertakings, research centres and universities in action under the seventh framework programme of the European Atomic Energy Community and for the dissemination of research results (2007 to 2011) (OJ L 400, 30.12.2006, p. 1).

Council Decision 2006/976/Euratom of 19 December 2006 concerning the specific programme implementing the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) (OJ L 400, 30.12.2006, p. 404).

Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (OJ L 90, 30.3.2007, p. 58).

Council Decision 2012/93/Euratom of 19 December 2011 concerning the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012 to 2013) (OJ L 47, 18.2.2012, p. 25).

Council Regulation (Euratom) No 139/2012 of 19 December 2011 laying down the rules for the participation of undertakings, research centres and universities in indirect actions under the Framework Programme of the European Atomic Energy Community and for the dissemination of research results (2012-2013) (OJ L 47, 18.2.2012, p. 1).

Council Decision 2012/94/Euratom of 19 December 2011 concerning the specific programme, to be carried out by means of indirect actions, implementing the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013) (OJ L 47, 18.2.2012, p. 33).

Title 09 — Communications networks, content and technology

Figures

Title Chapter

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

09 01

Administrative expenditure of the ‘Communications networks, content and technology’ policy area

127 323 333

127 323 333

127 323 333

127 323 333

09 02

Regulatory framework for the Digital Agenda

18 137 969

25 484 774

18 137 969

25 484 774

40 02 41

391 985

18 529 954

391 985

25 876 759

391 985

18 529 954

391 985

25 876 759

09 03

information and communication technologies take-up

1

144 265 000

132 209 900

144 265 000

132 209 900

09 04

Cooperation — information and communication technologies (ICTs)

1

1 483 700 335

1 168 738 402

40 812 681

1 483 700 335

1 209 551 083

09 05

Capacities — Research infrastructures

1

37 403 000

53 948 802

37 403 000

53 948 802

Title 09 — Total

1 810 829 637

1 507 705 211

40 812 681

1 810 829 637

1 548 517 892

40 01 40, 40 02 41

Total including reserves

391 985

1 811 221 622

391 985

1 508 097 196

391 985

1 811 221 622

391 985

1 548 909 877

Chapter 09 04 — Cooperation — information and communication technologies (ICTs)

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

09 04

Cooperation — information and communication technologies (ICTs)

09 04 01

Support for research cooperation in the area of information and communication technologies (ICTs — Cooperation)

09 04 01 01

Support for research cooperation in the area of information and communication technologies (ICTs — Cooperation)

1.1

1 307 359 400

1 102 379 643

40 812 681

1 307 359 400

1 143 192 324

09 04 01 02

Cooperation — Information and communication technologies — ARTEMIS Joint Undertaking

1.1

65 000 000

19 016 953

65 000 000

19 016 953

09 04 01 03

Cooperation — Information and communication technologies — Support expenditure for ARTEMIS Joint Undertaking

1.1

911 793

901 234

911 793

901 234

09 04 01 04

Cooperation — Information and communication technologies — ENIAC Joint Undertaking

1.1

110 000 000

35 143 790

110 000 000

35 143 790

09 04 01 05

Cooperation — Information and communication technologies — Support expenditure for ENIAC Joint Undertaking

1.1

429 142

424 172

429 142

424 172

Article 09 04 01 — Subtotal

1 483 700 335

1 157 865 792

40 812 681

1 483 700 335

1 198 678 473

09 04 02

Appropriations accruing from contributions from (non-European Economic Area) third parties to research and technological development

1.1

p.m.

p.m.

p.m.

p.m.

09 04 03

Completion of previous European Community framework programmes (prior to 2007)

1.1

10 872 610

10 872 610

Chapter 09 04 — Total

1 483 700 335

1 168 738 402

40 812 681

1 483 700 335

1 209 551 083

Article 09 04 01 — Support for research cooperation in the area of information and communication technologies (ICTs — Cooperation)

Item 09 04 01 01 — Support for research cooperation in the area of information and communication technologies (ICTs — Cooperation)

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

1 307 359 400

1 102 379 643

40 812 681

1 307 359 400

1 143 192 324

Remarks

The objective of the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) and the ‘Information and Communication Technologies’ theme of the specific ‘Cooperation’ programme is to improve the competitiveness of European industry and to enable Europe to master and shape the future developments in ICTs in accordance with a long-term European ICT strategy so that the demands of its society and economy are met and European standards help shape the global ICT developments rather than being overtaken by other growing global markets.

Activities will strengthen Europe’s scientific and technology base and ensure its global leadership in ICTs, help drive and stimulate innovation through ICT use and ensure that ICT progress is rapidly transformed into benefits for Europe’s citizens, businesses, industry and governments.

The ICT theme prioritises strategic research around key technology pillars, ensures end-to-end integration of technologies and provides the knowledge and the means to develop a wide range of innovative ICT applications.

The activities leverage industrial and technological advances in the ICT sector and improve the competitive edge of important ICT-intensive sectors — both through innovative high-value ICT-based products and services and from new or improved organisational processes in businesses and administrations alike. The ICT theme also supports other policies of the Union by mobilising ICTs to meet public and societal demands.

Activities cover collaboration and exchange of best practices with a view to setting common standards for the Union that are compatible with, or set, a global standard, networking actions and national programme coordination initiatives. This appropriation is also intended to cover the costs of independent experts assisting in proposal evaluations and project reviews, the costs of events, meetings, conferences, workshops and seminars of European interest organised by the Commission, the costs of studies, analyses and evaluations, the costs of monitoring and evaluation of the specific programmes and of the framework programmes and the costs of measures to monitor and disseminate the results of the programmes, including measures under previous framework programmes.

The contributions from the EFTA States pursuant to the Agreement on the European Economic Area and in particular Article 82 thereof and Protocol 32 thereto, must be added to the appropriations entered in this item. By way of information, these amounts derive from contributions from the EFTA States entered against Article 6 3 0 of the statement of revenue, which constitute assigned revenue in accordance with Article 21(2)(e) to (g) of the Financial Regulation; they give rise to the provision of corresponding appropriations and to implementation under the ‘European Economic Area’ Annex to this part of the statement of expenditure in this section, which forms an integral part of the general budget.

Part of these appropriations is intended to foster common approaches to key global challenges, such as an ICT strategy that is not only able to compete with rapidly emerging ICT markets (e.g. in Asia), but that can also set standards for global ICT policy-making in the interest of European values, by pooling resources and fostering the exchange of best practices for the advancement of research, development and innovation in the field of ICT. Measures will aim at improving the efficacy of actions by the international community and will be complementary to existing mechanisms and successful working relationships. The appropriations will be used to fund innovative ventures between European and third countries. The scope of such ventures will go beyond what could be undertaken by a single country and will benefit both the Union and its partners in preparing their leading role for setting future ICT standards. In implementing this action, the Commission will ensure a balanced distribution of subsidies. It will help actors at a global level to engage in research partnerships in order to foster innovation in the field of ICT.

Legal basis

Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1).

Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007 to 2013) (OJ L 391, 30.12.2006, p. 1).

Council Decision 2006/971/EC of 19 December 2006 concerning the Specific Programme "Cooperation" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 86).

Title 10 — Direct research

Figures

Title Chapter

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

10 01

Administrative expenditure of the ‘Direct research’ policy area

1

350 080 000

350 080 000

350 080 000

350 080 000

10 02

Directly financed research operational appropriations — Seventh Framework Programme (2007 to 2013) — EU

1

33 089 156

30 721 154

33 089 156

30 721 154

10 03

Directly financed research operational appropriations — Seventh Framework Programme (2007 to 2011 and 2012 to 2013) — Euratom

1

10 250 000

9 314 301

405 852

10 250 000

9 720 153

10 04

Completion of previous framework programmes and other activities

1

p.m.

p.m.

p.m.

p.m.

10 05

Historical liabilities resulting from nuclear activities carried out by the Joint Research Centre pursuant to the Euratom Treaty

1

30 900 000

29 204 688

30 900 000

29 204 688

Title 10 — Total

424 319 156

419 320 143

405 852

424 319 156

419 725 995

Remarks

These remarks apply to all the budget headings in the ‘Direct research’ policy area (with the exception of Chapter 10 05).

The appropriations cover not only expenditure on operations and staff covered by the Staff Regulations, but also other expenditure on staff, contracting, infrastructure, information and publications and any other administrative expenditure arising from research and technological development operations, including exploratory research.

In accordance with Article 21 of the Financial Regulation, any revenue entered in Items 6 2 2 4 and 6 2 2 5 of the statement of revenue may give rise to the provision of additional appropriations.

Miscellaneous revenue may give rise to the provision of additional appropriations to be used in Chapters 10 02, 10 03 or 10 04 or Article 10 01 05, depending on their purpose.

Any revenue from the contributions from candidate countries and, if applicable, the western Balkan potential candidate countries for participating in Union programmes entered in Item 6 0 3 1 of the statement of revenue may give rise to the provision of additional appropriations in accordance with Article 21(2)(e) to (g) of the Financial Regulation.

The possibility of third countries or organisations from third countries taking part in European cooperation in the field of scientific and technical research is envisaged for some of these projects. Any financial contribution will be entered in Item 6 0 1 3 of the statement of revenue and may give rise to the provision of additional appropriations in accordance with Article 21 of the Financial Regulation.

The additional appropriations will be provided under Articles 10 02 02 and 10 03 02.

The appropriations in this title cover the cost of the staff working in the financial and administrative departments of the Joint Research Centre and of the support which they need (approximately 15 % of the cost).

Chapter 10 03 — Directly financed research operational appropriations — Seventh Framework Programme (2007 to 2011 and 2012 to 2013) — Euratom

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

10 03

Directly financed research operational appropriations — Seventh Framework Programme (2007 to 2011 and 2012 to 2013) — Euratom

10 03 01

Nuclear activities of the Joint Research Centre (JRC)

1.1

10 250 000

9 314 301

405 852

10 250 000

9 720 153

10 03 02

Appropriations accruing from contributions from (non-European Economic Area) third parties to research and technological development

1.1

p.m.

p.m.

p.m.

p.m.

Chapter 10 03 — Total

10 250 000

9 314 301

405 852

10 250 000

9 720 153

Article 10 03 01 — Nuclear activities of the Joint Research Centre (JRC)

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

10 250 000

9 314 301

405 852

10 250 000

9 720 153

Remarks

This appropriation is intended to cover the scientific and technical support and research activities carried out by the Joint Research Centre in accordance with the nuclear specific programme for the following themes:

—  nuclear waste management, environmental impact, basic knowledge and research on decommissioning,

—  nuclear safety,

—  nuclear security.

It covers the activities necessary for implementing safeguards pursuant to Chapter 7 of Title II of the Euratom Treaty and the obligations arising from the Non-Proliferation Treaty and implementation of the Commission’s programme to support the International Atomic Energy Agency (IAEA).

It covers specific expenditure relating to the research and support activities in question (purchases of all types and contracts). This includes expenditure on scientific infrastructure directly incurred for the projects concerned.

It is also intended to cover expenditure of any type concerning research activities relating to activities under this article entrusted to the Joint Research Centre within the framework of its participation on a competitive basis in indirect actions.

In accordance with Article 21 and Article 183(2) of the Financial Regulation, any revenue entered in Items 6 2 2 3 and 6 2 2 6 of the statement of revenue may give rise to the provision of additional appropriations.

Legal basis

Council Decision 2006/970/Euratom of 18 December 2006 concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) (OJ L 400, 30.12.2006, p. 60).

Council Decision 2006/977/Euratom of 19 December 2006 concerning the Specific Programme to be carried out by means of direct actions by the Joint Research Centre implementing the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) (OJ L 400, 30.12.2006, p. 434).

Council Regulation (Euratom) No 1908/2006 of 19 December 2006 laying down the rules for the participation of undertakings, research centres and universities in action under the seventh framework programme of the European Atomic Energy Community and for the dissemination of research results (2007 to 2011) (OJ L 400, 30.12.2006, p. 1).

Council Decision 2012/93/Euratom of 19 December 2011 concerning the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013) (OJ L 47, 18.2.2012, p. 25).

Council Regulation (Euratom) No 139/2012 of 19 December 2011 laying down the rules for the participation of undertakings, research centres and universities in indirect actions under the Framework Programme of the European Atomic Energy Community and for the dissemination of research results (2012-2013) (OJ L 47, 18.2.2012, p. 1).

Council Decision 2012/95/Euratom of 19 December 2011 concerning the specific programme, to be carried out by means of direct actions by the Joint Research Centre, implementing the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013) (OJ L 47, 18.2.2012, p. 40).

Title 13 — Regional policy

Figures

Title Chapter

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

13 01

Administrative expenditure of the ‘Regional policy’ policy area

88 792 579

88 792 579

88 792 579

88 792 579

13 03

European Regional Development Fund and other regional operations

1

30 639 878 699

31 410 089 436

30 639 878 699

31 410 089 436

13 04

Cohesion Fund

1

12 499 800 000

11 414 497 449

12 499 800 000

11 414 497 449

13 05

Pre-accession operations related to the structural policies

549 770 452

489 688 705

-78 987 754

549 770 452

410 700 951

13 06

Solidarity Fund

14 607 942

14 607 942

400 519 089

250 519 089

415 127 031

265 127 031

Title 13 — Total

43 792 849 672

43 417 676 111

400 519 089

171 531 335

44 193 368 761

43 589 207 446

Chapter 13 05 — Pre-accession operations related to the structural policies

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

13 05

Pre-accession operations related to the structural policies

13 05 01

Instrument for Structural Policies for Pre-accession (ISPA) — Completion of previous projects (2000 to 2006)

13 05 01 01

Instrument for Structural Policies for Pre-accession (ISPA) — Completion of other previous projects (2000 to 2006)

4

p.m.

232 278 493

-78 987 754

p.m.

153 290 739

13 05 01 02

Instrument for Structural Policies for Pre-accession — Closure of pre-accession assistance relating to eight applicant countries

4

p.m.

p.m.

p.m.

p.m.

Article 13 05 01 — Subtotal

p.m.

232 278 493

-78 987 754

p.m.

153 290 739

13 05 02

Instrument for Pre-Accession Assistance (IPA) — Regional development component

4

462 000 000

172 734 477

462 000 000

172 734 477

13 05 03

Instrument for Pre-Accession Assistance (IPA) — Cross-border cooperation (CBC) component

13 05 03 01

Cross-border cooperation (CBC) — Contribution from Subheading 1-b

1.2

51 491 401

50 000 000

51 491 401

50 000 000

13 05 03 02

Cross-border cooperation (CBC) and participation of candidate and potential candidate countries in Structural Funds' transnational and interregional cooperation programmes — Contribution from Heading 4

4

36 279 051

34 675 735

36 279 051

34 675 735

Article 13 05 03 — Subtotal

87 770 452

84 675 735

87 770 452

84 675 735

Chapter 13 05 — Total

549 770 452

489 688 705

-78 987 754

549 770 452

410 700 951

Article 13 05 01 — Instrument for Structural Policies for Pre-accession (ISPA) — Completion of previous projects (2000 to 2006)

Remarks

Aid provided by the Instrument for Structural Policies for Pre-accession (ISPA) was intended to help the candidate countries of Central and Eastern Europe in their accession to the Union. ISPA was used to help the beneficiary countries to comply with the acquis of the Union in the environment and transport fields.

Item 13 05 01 01 — Instrument for Structural Policies for Pre-accession (ISPA) — Completion of other previous projects (2000 to 2006)

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

p.m.

232 278 493

-78 987 754

p.m.

153 290 739

Remarks

This appropriation is intended to cover assistance under ISPA and the technical assistance provided outside the Commission which is required for implementation in the candidate countries of Central and Eastern Europe.

Irrespective of the beneficiary, no administrative expenditure against this item is authorised.

Legal basis

Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy (OJ L 161, 26.6.1999, p. 68).

Council Regulation (EC) No 1267/1999 of 21 June 1999 establishing an Instrument for Structural Policies for Pre-accession (OJ L 161, 26.6.1999, p. 73).

Council Regulation (EC) No 2257/2004 of 20 December 2004 amending Regulations (EEC) No 3906/89, (EC) No 1267/1999, (EC) No 1268/1999 and (EC) No 2666/2000, to take into account Croatia’s candidate status (OJ L 389, 30.12.2004, p. 1).

Chapter 13 06 — Solidarity Fund

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

13 06

Solidarity Fund

13 06 01

European Union Solidarity Fund — Member States

3.2

14 607 942

14 607 942

400 519 089

250 519 089

415 127 031

265 127 031

13 06 02

European Union Solidarity Fund — Countries negotiating for accession

4

p.m.

p.m.

p.m.

p.m.

Chapter 13 06 — Total

14 607 942

14 607 942

400 519 089

250 519 089

415 127 031

265 127 031

Article 13 06 01 — European Union Solidarity Fund — Member States

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

14 607 942

14 607 942

400 519 089

250 519 089

415 127 031

265 127 031

Remarks

This article is intended to record appropriations resulting from the mobilisation of the European Union Solidarity Fund in the event of major disasters in the Member States. Assistance should be provided mainly in connection with natural disasters, but may also be provided, where warranted by the urgency of the situation, to the Member States concerned, with a deadline being laid down for use of the financial assistance awarded and provision being made for beneficiary states to substantiate the use made of the assistance they receive. Assistance received which is subsequently offset by third-party payments, under the ‘polluter pays’ principle, for example, or received in excess of the final valuation of damage should be recovered.

Allocation of the appropriations will be decided on in an amending budget with the sole purpose of mobilising the European Union Solidarity Fund.

Legal basis

Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (OJ L 311, 14.11.2002, p. 3).

Reference acts

Proposal for a Regulation of the European Parliament and of the Council, submitted by the Commission on 6 April 2005, establishing the European Union Solidarity Fund (COM(2005)0108).

Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (OJ C 139, 14.6.2006, p. 1).

Title 15 — Education and culture

Figures

Title Chapter

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

15 01

Administrative expenditure of the ‘Education and culture’ policy area

123 603 923

123 603 923

123 603 923

123 603 923

15 02

Lifelong learning, including multilingualism

1 417 215 664

1 379 114 216

1 417 215 664

1 379 114 216

15 04

Developing cultural and audiovisual cooperation in Europe

175 715 000

159 896 411

175 715 000

159 896 411

15 05

Encouraging and promoting cooperation in the field of youth and sports

3

149 539 000

130 166 227

149 539 000

130 166 227

15 07

People — Programme for the mobility of researchers

1

963 502 000

771 774 900

63 312 858

963 502 000

835 087 758

Title 15 — Total

2 829 575 587

2 564 555 677

63 312 858

2 829 575 587

2 627 868 535

Chapter 15 07 — People — Programme for the mobility of researchers

Figures

Title Chapter Article Item

Heading

FF

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

15 07

People — Programme for the mobility of researchers

15 07 77

People

1.1

963 502 000

771 275 000

63 312 858

963 502 000

834 587 858

15 07 78

Appropriations accruing from contributions from (non-European Economic Area) third parties to research and technological development

1.1

p.m.

p.m.

p.m.

p.m.

15 07 79

Pilot project — Knowledge partnerships

1.1

p.m.

499 900

p.m.

499 900

Chapter 15 07 — Total

963 502 000

771 774 900

63 312 858

963 502 000

835 087 758

Article 15 07 77 — People

Figures

Budget 2013

Draft amending budget No. 9/2013

New amount

Commitments

Payments

Commitments

Payments

Commitments

Payments

963 502 000

771 275 000

63 312 858

963 502 000

834 587 858

Remarks

Europe needs to become more attractive to researchers, in order to increase its capacity and performance in research and technological development, while consolidating and further developing the European Research Area. Against the background of growing competition at world level, the development of an open and competitive European labour market for researchers with diverse, attractive career prospects is needed.

The added value of the support provided by the specific ‘People’ programme (implemented through the Marie Curie Actions, the Researchers’ Night and the EURAXESS action) is the promotion of the international, interdisciplinary and intersectoral mobility of researchers as a key driver for European Innovation. Marie Curie Actions also foster stronger cooperation between education, research and businesses from different countries in the training and career development of researchers to broaden their skills and prepare them for the jobs of tomorrow. The Marie Curie Actions reinforce a closer partnership between education and businesses in order to increase knowledge exchange and enhance PhD training adapted to the needs of industry. By promoting employment conditions in line with the European researchers’ charter and code, they contribute to making a research career in Europe more attractive.

The contributions from the EFTA States pursuant to the Agreement on the European Economic Area, and in particular Article 82 thereof and Protocol 32 thereto, must be added to the appropriations entered in this article. By way of information, these amounts derive from contributions from the EFTA States entered against Article 6 3 0 of the statement of revenue, which constitute assigned revenue in accordance with Article 21(2)(e) to (g) of the Financial Regulation; they give rise to the provision of corresponding appropriations and to implementation under the ‘European Economic Area’ Annex to this part of the statement of expenditure in this section, which forms an integral part of the general budget.

This appropriation will also cover expenditure corresponding to revenue giving rise to the provision of additional appropriations from (non-European Economic Area) third parties or third countries participating in projects in the field of research and technological development.

Any revenue entered in Items 6 0 1 3, 6 0 1 5, 6 0 1 6, 6 0 3 1 and 6 0 3 3 of the statement of revenue may give rise to the provision of additional appropriations in accordance with Article 21 of the Financial Regulation.

Legal basis

Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013) (OJ L 391, 30.12.2006, p. 1).

Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1).

Council Decision 2006/973/EC of 19 December 2006 concerning the specific programme ‘People’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (OJ L 400, 30.12.2006, p. 269).

(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) Annex to P7_TA(2013)0472 of 20 November 2013.


Mobilisation of the EU Solidarity Fund: drought in Romania in 2012 and flooding in Germany, Austria and the Czech Republic in 2013
PDF 196kWORD 36k
Resolution
Annex
European Parliament resolution of 20 November 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 (drought and forest fires in Romania and floods in Germany, Austria and the Czech Republic) (COM(2013)0692 – C7-0343/2013 – 2013/2255(BUD))
P7_TA(2013)0475A7-0369/2013

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2013)0692 – C7‑0343/2013),

–  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 (A7-0369/2013),

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 the mobilisation of the EU Solidarity Fund

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2014/95/EU.)

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


Mobilisation of the Flexibility Instrument to complement the financing in the general budget of the EU for 2013 towards the financing of the European Social Fund to increase allocations to France, Italy and Spain
PDF 200kWORD 37k
Resolution
Annex
European Parliament resolution of 20 November 2013 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the Flexibility Instrument (COM(2013)0559 – C7-0235/2013 – 2013/2159(BUD))
P7_TA(2013)0476A7-0370/2013

The European Parliament,

–  having regard to the general budget of the European Union for the financial year 2013 as definitively adopted on 12 December 2012(1),

–  having regard to Draft amending budget No 7/2013, which the Commission submitted on 25 July 2013 (COM(2013)0557),

–  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(2), and in particular point 27 thereof,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2013)0559 – C7-0235/2013),

–  having regard to Council's position adopted on 7 October 2013,

–  having regard to the report of the Committee on Budgets (A7-0370/2013),

A.  whereas, after having examined all possibilities for reallocating commitment appropriations under heading 1b, it appears necessary to mobilise the Flexibility Instrument,

B.  whereas the Commission has proposed to mobilise the Flexibility Instrument to complement the financing in the general budget of the European Union for the financial year 2013, beyond the ceiling of heading 1b, of EUR 134 049 037 towards the financing of the European Social Fund (ESF) to increase the allocations to France, Italy and Spain for the year 2013 by a total amount of EUR 150 million,

1.  Takes note of Commission's proposal to exceed the 2013 ceiling for heading 1b by EUR 134 049 037, with a view to increasing ESF allocations to France, Italy and Spain for the year 2013 by a total amount of EUR 150 million, and to mobilise the Flexibility Instrument accordingly;

2.  Agrees with the mobilisation of the Flexibility Instrument in commitment appropriations, up to an amount of EUR 134 049 037, for the financing of those additional allocations under heading 1b;

3.  Approves the decision annexed to this resolution;

4.  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;

5.  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 the mobilisation of the Flexibility Instrument

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2014/94/EU.)

(1) OJ L 66, 8.3.2013.
(2) OJ C 139, 14.6.2006, p. 1.


European satellite navigation systems ***I
PDF 205kWORD 48k
Resolution
Text
Annex
European Parliament legislative resolution of 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council on the implementation and exploitation of European satellite navigation systems (COM(2011)0814 – C7-0464/2011 – 2011/0392(COD))
P7_TA(2013)0477A7-0321/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0814),

–  having regard to Article 294(2) and Article 172 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0464/2011),

–  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 28 March 2012(1),

–  after consulting the Committee of the Regions,

–  having regard to the undertaking given by the Council representative by letter of 11 September 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 Industry, Research and Energy and the opinions of the Committee on Foreign Affairs, the Committee on Budgets and the Committee on Transport and Tourism (A7-0321/2013),

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

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

3.  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;

4.  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 20 November 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the implementation and exploitation of European satellite navigation systems and repealing Council Regulation (EC) No 876/2002 and Regulation (EC) No 683/2008 of the European Parliament and of the Council

P7_TC1-COD(2011)0392


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1285/2013.)

ANNEX TO THE LEGISLATIVE RESOLUTION

Joint declaration by the European Parliament, the Council and the European Commission

on theGALILEO INTERINSTITUTIONAL PANEL (GIP)

1.  In view of the importance, uniqueness and complexity of the European GNSS programmes, the Union ownership of systems resulting from the programmes, the full financing of the Union budget of the programmes for the period 2014-2020, the European Parliament, the Council, and the European Commission recognise the need for close cooperation of the three institutions.

2.  A Galileo Interinstitutional Panel (GIP) will meet with the objective to facilitate each institution exercising its respective responsibility. To this end, the GIP will be set up in order to follow closely:

(a)  the progress on the implementation of the European GNSS programmes, in particular with regard to the implementation of the procurement and the contract agreements, in particular with regard to the ESA;

(b)  the International Agreements with third countries without prejudice to the provisions of Article 218 of the Treaty on the Functioning of the European Union;

(c)  the preparation of satellite navigation markets;

(d)  the effectiveness of the governance arrangements; and

(e)  the annual review of the work programme.

3.  In accordance with existing rules, the GIP will respect the need for discretion in particular in view of the commercial-in-confidence and sensitive nature of certain data.

4.  The Commission will take account of the views expressed by the GIP.

5.  The GIP will be composed of seven representatives, of which:

—  three from the Council,

—  three from the EP,

—  one from the Commission,

and will meet on a regular basis (in principle four times per year).

6.  The GIP does not affect the established responsibilities or interinstitutional relationships.

(1) OJ C 181, 21.6.2012, p. 179.


Macro-financial assistance to Jordan ***I
PDF 194kWORD 36k
Resolution
Text
European Parliament legislative resolution of 20 November 2013 on the proposal for a decision of the European Parliament and of the Council providing macro-financial assistance to the Hashemite Kingdom of Jordan (COM(2013)0242 – C7-0119/2013 – 2013/0128(COD))
P7_TA(2013)0478A7-0335/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0242),

–  having regard to Article 294(2) and Article 212 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0119/2013),

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

–  having regard to the undertaking given by the Council representative by letter of 29 October 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 International Trade and the opinions of the Committee on Foreign Affairs and the Committee on Budgets (A7-0335/2013),

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 20 November 2013 with a view to the adoption of Decision No .../2013/EU of the European Parliament and of the Council on providing macro-financial assistance to the Hashemite Kingdom of Jordan

P7_TC1-COD(2013)0128


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 1351/2013/EU.)


EU-Russia agreement on drug precursors ***
PDF 189kWORD 33k
European Parliament legislative resolution of 20 November 2013 on the draft Council decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Russian Federation on drug precursors (12221/2013 – C7-0308/2013 – 2013/0005(NLE))
P7_TA(2013)0479A7-0342/2013

(Consent)

The European Parliament,

–  having regard to the draft Council decision (12221/2013),

–  having regard to the draft agreement between the European Union and the Russian Federation on drug precursors (08178/2013),

–  having regard to the request for consent submitted by the Council in accordance with Article 207(4) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7-0308/2013),

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

–  having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Legal Affairs (A7-0342/2013),

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 Russian Federation.


Third States and organisations with which Europol shall conclude agreements *
PDF 197kWORD 35k
European Parliament legislative resolution of 20 November 2013 on the draft Council decision amending Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements (16229/2012 – C7-0011/2013 – 2013/0801(CNS))
P7_TA(2013)0480A7-0351/2013

(Consultation)

The European Parliament,

–  having regard to the draft Council decision (16229/2012),

–  having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)(1), and in particular Article 26(1)(a) thereof, pursuant to which the Council consulted Parliament (C7-0011/2013),

–  having regard to Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information(2),

–  having regard to Council Decision 2009/935/JHA of 30 November 2009 determining the list of third States and organisations with which Europol shall conclude agreements(3),

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

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0351/2013),

1.  Rejects the draft Council decision;

2.  Calls on the Council not to adopt the decision, as the Commission recently proposed a new regulation for Europol (Commission proposal of 27 March 2013 for a regulation on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA (COM(2013)0173)), under which the provisions and the procedure for concluding agreements with third States and organisations are to be modified; therefore there should not be any amendments to the measures implementing Decision 2009/371/JHA;

3.  Calls on the Director and the Management Board of Europol to refrain, in the event of the draft Council decision being adopted, from starting any negotiations on operational agreements with any of the countries listed in it since the level of data protection is inadequate in some of the countries listed in the draft Council decision and the basic right to protection of personal data cannot be ensured; stresses that robust safeguards to protect privacy and fundamental rights must be guaranteed where any personal data are exchanged with third States or international organisations;

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

(1) OJ L 121, 15.5.2009, p. 37.
(2) OJ L 325, 11.12.2009, p. 6.
(3) OJ L 325, 11.12.2009, p. 12.


Legal framework for a European Research Infrastructures Consortium *
PDF 191kWORD 33k
European Parliament legislative resolution of 20 November 2013 on the proposal for a Council regulation amending Regulation (EC) No 723/2009 concerning the Community legal framework for a European Research Infrastructures Consortium (ERIC) (COM(2012)0682 – C7-0421/2012 – 2012/0321(NLE))
P7_TA(2013)0481A7-0331/2013

(Consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2012)0682),

–  having regard to Articles 187 and 188 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7‑0421/2012),

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

–  having regard to the report of the Committee on Industry, Research and Energy (A7-0331/2013),

1.  Approves the Commission proposal;

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

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

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


Common provisions on European funds ***I
PDF 223kWORD 69k
Resolution
Text
Annex
European Parliament legislative resolution of 20 November 2013 on the amended proposal for a regulation of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund covered by the Common Strategic Framework and laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Council Regulation (EC) No 1083/2006 (COM(2013)0246 – C7-0107/2013 – 2011/0276(COD))
P7_TA(2013)0482A7-0274/2013
CORRIGENDA

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0615) and the amended COM proposals (COM(2012)0496, COM(2013)0146 and COM(2013)0246),

–  having regard to Article 294(2) and Article 177 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0107/2013),

–  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 Italian Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinions of the European Economic and Social Committee of 25 April 2012, 12 December 2012 and 22 May 2013(1),

–  having regard to the opinions of the Committee of the Regions of 3 May 2012 and of 29 November 2012(2),

–  having regard to the opinions of the Court of Auditors of 15 December 2011, of 13 December 2012 and of 18 July 2013(3),

–  having regard to the undertaking given by the Council representative by letter of 18 November 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 Regional Development and the opinions of the Committee on Employment and Social Affairs and of the Committee on Budgets, Committee on Budgetary Control, Committee on Economic and Monetary Affairs, Committee on Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Transport and Tourism, the Committee on Agriculture and Rural Development, the Committee on Fisheries, the Committee on Culture and Education and the Committee on Women's Rights and Gender Equality (A7-0274/2013),

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

2.  Approves the joint statements annexed to this resolution;

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

4.  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;

5.  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 20 November 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006

P7_TC1-COD(2011)0276


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1303/2013.)

ANNEX TO THE LEGISLATIVE RESOLUTION

Joint Statement by the European Parliament, the Council and the Commission on the revision of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council linked with the reconstitution of appropriations

The European Parliament, the Council and the Commission agree to include in the revision of the Financial Regulation, aligning Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council to the Multiannual Financial Framework 2014-20, provisions necessary for the application of the arrangements for the allocation of the performance reserve and in relation to the implementation of financial instruments under Article 39 (SME initiative) under the Regulation laying down common provisions for the European Structural and Investment Funds concerning the reconstitution of:

i.  appropriations which had been committed to programmes in relation to the performance reserve and which had to be decommitted as a result of priorities under these programmes not having attained their milestones and;

ii.   appropriations which had been committed in relation to dedicated programmes referred to under Article 39(4)(b) and which had to be de-committed because the participation of a Member State in the financial instrument had to be discontinued.

Joint Statement by the European Parliament, the Council and the Commission on Article 1

If further justified derogations to the common rules are needed to take into account specificities of the EMFF and of the EAFRD, the European Parliament, the Council and the European Commission commit to allow for these derogations by proceeding with due diligence to the necessary modifications to the Regulation laying down common provisions for the European Structural and Investment Funds.

Joint Statement by the European Parliament and the Council on the exclusion of any retroactivity with regard to the application of Article 5(3)

The European Parliament and the Council agree that:

—  concerning the application of Articles 14(2), 15(1)(c), and 26(2) of the Regulation laying down common provisions for the European Structural and Investment Funds, the actions taken by the Member States to involve the partners referred to in Article 5(1) in the preparation of the Partnership Agreement and the programmes referred to in Article 5 (2) include all actions taken on a practical level by the Member States irrespective of their timing as well as actions taken by them before the entry into force of that Regulation and before the day of the entry into force of the delegated act for a European code of conduct adopted in accordance with Article 5(3) of the same Regulation, during the preparatory phases of a Member State programming procedure, provided that the objectives of the partnership principle, laid down in that Regulation, are achieved. In this context, Member States, in accordance with their national and regional competences, will decide on the content of both, the proposed Partnership Agreement and proposed draft programmes, in accordance with the relevant provisions of that Regulation and the fund specific rules;

—  the delegated act laying down a European code of conduct, adopted in accordance with Article 5(3), will under no circumstances and neither directly nor indirectly have any retroactive effect, especially concerning the approval procedure of the Partnership Agreement and the programmes, since it is not the intention of the EU legislature to confer any powers on the Commission to the effect that it could reject the approval of the Partnership Agreement and programmes solely and exclusively based on any kind of non-compliance with the European code of conduct, adopted in accordance with Article 5(3);

—  the European Parliament and the Council invite the Commission to make available for them the draft text of the delegated act to be adopted under Article 5(3) as early as possible, but not later than the date when the political agreement on the Regulation laying down common provisions for the European Structural and Investment Funds is adopted by the Council or the date when the draft report on that regulation is voted at the plenary of the European Parliament, whichever date is the earliest.

Joint Statement by the Council and the Commission on Article 145(7)

The Council and the Commission confirm that for the purpose of Article 145(7) the reference to the term "applicable law" in relation to the assessment of serious deficiencies in the effective functioning of management and control systems includes interpretations of this law made by the Court of Justice of the European Union, by the General Court of the European Union or by the Commission (including Commission interpretative notes) applicable at the date when the relevant management declarations, annual control reports and audit opinions were submitted to the Commission.

Statement of the European Parliament on the application of Article 5

The European Parliament takes note of the information transmitted on 19 December 2012 by the Presidency following COREPER debates through which the Member States stated their intention to take into account in the preparatory stage of programming as far as possible the principles of the draft Regulation laying down common provisions for the European Structural and Investment Funds as the draft Regulation stood at the time of that transmission of information concerning the strategic programming bloc including the spirit and the content of the principle of partnership as laid down in Article 5.

Statement by the Commission on Article 22

1.  The Commission considers that the principal purpose of the performance framework is to stimulate effective delivery of programmes to attain the planned results and that the measures in paragraphs 6 and 7 should be applied with due regard for that purpose.

2.  Where the Commission has suspended all or part of interim payments for a priority under paragraph 6, the Member State may continue to submit requests for payment in relation to the priority in order to avoid decommitment for the programme under Article 86.

3.  The Commission confirms that it will apply the provisions of Article 22(7) so that there will be no double loss of funds in relation to underachievement of targets linked to under-absorption of funds under a priority. Where part of commitments to a programme have been decommitted as a result of the application of Articles 86 to 88 with a consequent reduction in the amount of support for the priority, or where at the end of the programming period there is underspending of the amount allocated to the priority, the relevant targets set out in the performance framework shall be adjusted pro-rata for the purpose of the application of Article 22(7).

Statement of the Commission in relation to the compromise text on indicators

The Commission confirms that it will complete its guidance documents on the common indicators for ERDF, ESF, Cohesion Fund and European Territorial Cooperation in consultation with the respective evaluation networks comprising national evaluation experts within 3 months of the adoption of the Regulations. These guidance documents will include definitions of each common indicator and methodologies for gathering and reporting data on the common indicators.

Statement by the Commission on the amendment of Partnership agreements and programmes in the context of Article 23

The Commission considers that, notwithstanding the provisions of Article 23(4) and (5), it may when necessary make observations on proposals for the amendment of Partnership Agreements and programmes submitted by Member States pursuant to Article 23(4), in particular where these are not consistent with the prior response submitted by those Member States pursuant to Article 23(3), and in any event on the basis of Articles 16 and 30. It considers that the deadline of three months for the adoption of the decision approving the amendments to the Partnership Agreement and the relevant programmes set out in Article 23(5) runs from the submission of the proposals for amendments pursuant to paragraph 4 provided that these take adequately account of any observations made by the Commission.

Statement by the Commission on the impact of the agreement reached by the co-legislators on the performance reserve and pre-financing levels on the payment ceilings

The Commission considers that the additional payment appropriations, which may be required in 2014 -2020, as a result of the changes introduced for the performance reserve and pre financing, remain limited.

The consequences should be manageable respecting the draft MFF Regulation.

The annual fluctuations in the global level of payments, including those generated by the changes referred to, will be managed through the use of the global margin for payments and the special instruments agreed upon in the draft MFF Regulation.

The Commission will monitor the situation closely and present its evaluation as part of the mid-term review.

(1) OJ C 191, 29.6.2012, p. 30, OJ C 44, 15.2.2013, p. 76, and OJ C 271, 19.9.2013, p. 101.
(2) OJ C 225, 27.7.2012, p. 58, and OJ C 17, 19.1.2013, p. 56.
(3) OJ C 47, 17.2.2012, p. 1, OJ C 13, 16.1.2013, p. 1, and OJ C 267, 17.9.2013, p. 1.


European Social Fund ***I
PDF 199kWORD 44k
Resolution
Text
European Parliament legislative resolution of 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council on the European Social Fund and repealing Regulation (EC) No 1081/2006 (COM(2011)0607/2 – C7-0327/2011 – 2011/0268(COD))
P7_TA(2013)0483A7-0250/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0607/2),

–  having regard to Article 294(2) and Article 164 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0327/2011),

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

–  having regard to the opinions of the European Economic and Social Committee of 22 February 2012(1) and 22 May 2013(2),

–  having regard to the opinion of the Committee of the Regions of 3 May 2012(3),

–  having regard to the undertaking given by the Council representative by letter of 14 November 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 Employment and Social Affairs and the opinions of the Committee on Budgets, the Committee on Budgetary Control, the Committee on Regional Development, the Committee on Culture and Education and the Committee on Women’s Rights and Gender Equality (A7-0250/2012),

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 20 November 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the European Social Fund and repealing Council Regulation (EC) No 1081/2006

P7_TC1-COD(2011)0268


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1304/2013.)

(1) OJ C 143, 22.5.2012, p. 82.
(2) OJ C 271, 19.9.2013, p. 101.
(3) OJ C 225, 27.7.2012, p. 127.


European Regional Development Fund and the 'Investment for growth and jobs' goal ***I
PDF 206kWORD 46k
Resolution
Text
Annex
European Parliament legislative resolution of 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council on specific provisions concerning the European Regional Development Fund and the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006 (COM(2011)0614 – C7-0328/2011 – 2011/0275(COD))
P7_TA(2013)0484A7-0268/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0614),

–  having regard to Article 294(2) and Articles 178 and 349 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0328/2011),

–  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 25 April 2012(1),

–  having regard to the opinion of the Committee of the Regions of 3 May 2012(2),

–  having regard to the undertaking given by the Council representative by letter of 18 November 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 Regional Development and the opinions of the Committee on Budgets, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A7-0268/2013),

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

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

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

4.  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;

5.  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 20 November 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the European Regional Development Fund and on specific provisions concerning the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006

P7_TC1-COD(2011)0275


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1301/2013.)

ANNEX TO THE LEGISLATIVE RESOLUTION

Joint statement of the European Parliament and of the Council concerning the application of Article 6 of the ERDF Regulation, Article 15 of the ETC Regulation and Article 4 of the Cohesion Fund Regulation

The European Parliament and the Council note the assurance provided by the Commission to the EU legislature that the common output indicators for the ERDF Regulation, the ETC Regulation and the Cohesion Fund Regulation to be included in an annex to, respectively, each regulation, are the outcome of a lengthy preparatory process involving the evaluation experts of both the Commission and the Member States and, in principle, are expected to remain stable.

Statement of the Commission

The Commission shares the objective expressed by the European Parliament of simplifying state aid procedures as regards operating aid granted to undertakings established in the outermost regions which are linked to the offsetting of the additional costs incurred in such regions as a result of their specific economic and social situation.

According to the proposal for the future General Block Exemption Regulation (GBER) as recently published by the Commission services(3), operating aid intended to compensate certain additional costs incurred by beneficiaries established in these regions(4) would be considered compatible with the internal market, under the conditions stipulated therein, and would thus be exempted from notification under Article 108(3) TFEU. The Commission considers that this will provide a sound basis for achieving the simplification which is sought, and will take full account of all observations received from Member States in the on-going consultation process in view of the adoption of the Regulation in 2014.

(1) OJ C 191, 29.6.2012, p. 44.
(2) OJ C 225, 27.7.2012, p. 114.
(3) http://ec.europa.eu/competition/consultations/2013_gber/index_en.html
(4) Transport costs of goods produced in the outermost regions, additional production and operating costs other than transport costs.


European Regional Development Fund and the 'European territorial cooperation' goal ***I
PDF 202kWORD 39k
Resolution
Text
Annex
European Parliament legislative resolution of 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal (COM(2011)0611 – C7-0326/2011 – 2011/0273(COD))
P7_TA(2013)0485A7-0280/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0611),

–  having regard to Article 294(2) and Article 178 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0326/2011),

–  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 25 April 2012(1),

–  having regard to the opinion of the Committee of the Regions of 19 July 2012(2),

–  having regard to the undertaking given by the Council representative by letter of 18 November 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 Regional Development and the opinions of the Committee on Budgets, the Committee on Budgetary Control and the Committee on Transport and Tourism (A7-0280/2013),

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

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

3.  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;

4.  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 20 November 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal

P7_TC1-COD(2011)0273


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1299/2013.)

ANNEX TO THE LEGISLATIVE RESOLUTION

Joint statement of the European Parliament and of the Council concerning the application of Article 6 of the ERDF Regulation, Article 15 of the ETC Regulation and Article 4 of the Cohesion Fund Regulation

The European Parliament and the Council note the assurance provided by the Commission to the EU legislature that the common output indicators for the ERDF Regulation, the ETC Regulation and the Cohesion Fund Regulation to be included in an annex to, respectively, each regulation, are the outcome of a lengthy preparatory process involving the evaluation experts of both the Commission and the Member States and, in principle, are expected to remain stable.

(1) OJ C 191, 29.6.2012, p. 49.
(2) OJ C 277, 13.9.2012, p. 96.


Cohesion Fund ***I
PDF 202kWORD 39k
Resolution
Text
Annex
European Parliament legislative resolution of 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council on the Cohesion Fund and repealing Council Regulation (EC) No 1084/2006 (COM(2011)0612 – C7-0325/2011 – 2011/0274(COD))
P7_TA(2013)0486A7-0270/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0612),

–  having regard to Article 294(2) and Article 177 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0325/2011),

–  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 25 April 2012(1),

–  having regard to the opinion of the Committee of the Regions of 3 May 2012(2),

–  having regard to the undertaking given by the Council representative by letter of 18 November 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 Regional Development and the opinions of the Committee on Budgets, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A7-0270/2013),

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

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

3.  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;

4.  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 20 November 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the Cohesion Fund and repealing Council Regulation (EC) No 1084/2006

P7_TC1-COD(2011)0274


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1300/2013.)

ANNEX TO THE LEGISLATIVE RESOLUTION

Joint statement of the European Parliament and of the Council concerning the application of Article 6 of the ERDF Regulation, Article 15 of the ETC Regulation and Article 4 of the Cohesion Fund Regulation

The European Parliament and the Council note the assurance provided by the Commission to the EU legislature that the common output indicators for the ERDF Regulation, the ETC Regulation and the Cohesion Fund Regulation to be included in an annex to, respectively, each regulation, are the outcome of a lengthy preparatory process involving the evaluation experts of both the Commission and the Member States and, in principle, are expected to remain stable.

(1) OJ C 191, 29.6.2012, p. 38.
(2) OJ C 225, 27.7.2012, p. 143.


European grouping of territorial cooperation ***I
PDF 206kWORD 43k
Resolution
Text
Annex
European Parliament legislative resolution of 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) as regards the clarification, simplification and improvement of the establishment and implementation of such groupings (COM(2011)0610/2 – C7-0324/2011 – 2011/0272(COD))
P7_TA(2013)0487A7-0309/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0610/2),

–  having regard to Article 294(2), Article 175(3), Article 209(1) and Article 212(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0324/2011),

–  having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–  having regard to Article 294(3) and Article 175(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 25 April 2012(1),

–  having regard to the opinion of the Committee of the Regions of 15 February 2012(2),

–  having regard to the undertaking given by the Council representative by letter of 19 September 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 55 and 37 of its Rules of Procedure,

–  having regard to the report of the Committee on Regional Development (A7-0309/2013),

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

2.  Approves the joint statements of the European Parliament, the Council and the Commission, annexed to this resolution;

3.  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;

4.  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 20 November 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Regulation (EC) No 1082/2006 on a European grouping of territorial cooperation (EGTC) as regards the clarification, simplification and improvement of the establishment and functioning of such groupings

P7_TC1-COD(2011)0272


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1302/2013.)

Annex to the legislative resolution

Joint statement of the European Parliament, the Council and the Commission relating to awareness raising and Article 4 and 4a of the EGTC Regulation

The European Parliament, the Council and the Commission agree to undertake better coordinated efforts for awareness raising among and inside the institutions and Member States in order to improve the visibility of the possibilities to use EGTCs as an optional instrument available for territorial cooperation in all EU policy areas.

In this context, the European Parliament, the Council and the Commission invite Member States in particular to undertake appropriate actions of coordination and communication among national authorities and between authorities of different Member States in order to ensure clear, efficient and transparent procedures of authorisation of new EGTCs within the time limits fixed.

Joint statement of the European Parliament, the Council and the Commission relating to Article 1(9) of the EGTC regulation

The European Parliament, the Council and the Commission agree that when applying Article 9(2)(i) of Regulation (EU) No 1082/2006 as amended, the Member States will endeavour, when assessing the rules to be applicable to the EGTC staff members as proposed in the draft convention, to consider the different available employment regime options to be chosen by the EGTC, be it under private or public law.

Where employment contracts for EGTC staff members are governed by private law, Member States will also take into account relevant EU law, such as Regulation (EC) No 593/2008 of the EP and the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), as well as the related legal practice of the other Member States represented in the EGTC.

The European Parliament, the Council and the Commission further understand that where employment contracts for EGTC staff members are governed by public law, national public law rules will be those of the Member State where the respective EGTC organ is located. However, national public law rules of the Member State where the EGTC is registered may apply as regards EGTC staff members already subject to these rules prior to becoming an EGTC staff member.

Joint statement of the European Parliament, the Council and the Commission relating to the role of the Committee of the Regions in the framework of the EGTC platform

The European Parliament, the Council and the Commission take note of the valuable work carried out by the Committee of the Regions in the framework of the EGTC Platform overseen by it and encourage the Committee of the Regions to further track the activities of existing EGTCs and those in the process of being set up, organise an exchange of best practice and identify common issues.

(1) OJ C 191, 29.6.2012, p. 53.
(2) OJ C 113, 18.4.2012, p. 22.


Gender balance among non-executive directors of companies listed on stock exchanges ***I
PDF 423kWORD 115k
Resolution
Consolidated text
European Parliament legislative resolution of 20 November 2013 on the proposal for a directive of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures (COM(2012)0614 – C7-0382/2012 – 2012/0299(COD))
P7_TA(2013)0488A7-0340/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0614),

–  having regard to Article 294(2) and Article 157(3) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0382/2012),

–  having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

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

–  having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, the Netherlands Senate, the Netherlands House of Representatives, the Polish Sejm, the Polish Senate, the Swedish Parliament, the United Kingdom House of Commons and the United Kingdom House of Lords, 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,

–  having regard to the opinion of the Committee of the Regions,

–  having regard to Rules 55 and 37 of its Rules of Procedure,

–  having regard to the joint deliberations of the Committee on Legal Affairs and the Committee on Women's Rights and Gender Equality under Rule 51 of the Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs and the Committee on Women's Rights and Gender Equality and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs and the Committee on the Internal Market and Consumer Protection (A7-0340/2013),

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 20 November 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council on improving the gender balance among non-executive directors of companies listed on stock exchanges and related measures

P7_TC1-COD(2012)0299


(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 157(3) 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(1),

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

Whereas:

(1)  Equality between women and men is one of the Union's founding values and core aims under Article 2 and Article 3(3) of the Treaty on European Union (TEU). Under the terms of Article 8 of the Treaty on the Functioning of the European Union (TFEU), the Union shall aim to eliminate inequalities, and to promote equality, between men and women in all its activities. Article 157(3) TFEU provides a legal basis for the adoption of Union measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation.

(2)  The principle of positive action and its importance for achieving effective equality between women and men in practice are recognised in Article 157(4) TFEU and in Article 23 of the Charter of Fundamental Rights of the European Union ('the Charter'), which provides that equality between women and men must be ensured in all areas and that the principle of equality shall not prevent the maintenance or adoption of measures providing for specific advantages in favour of the under-represented sex.

(2a)  In order to achieve gender equality in the workplace, there must be a gender-balanced model of decision-making at all levels within the company concerned, whilst measures must also be taken to ensure the elimination of the gender pay gap, which contributes significantly to the feminisation of poverty. [Am. 1]

(3)  Council Recommendation 84/635/EEC(3) recommended that Member States should take steps to ensure that positive action includes, as far as possible, actions having a bearing on active participation by women in decision-making bodies. Council Recommendation 96/694/EC(4) recommended that Member States should encourage the private sector to increase the presence of women at all levels of decision-making, notably by the adoption of, or within the framework of, equality plans and positive action programmes.

(4)  In recent years the Commission has presented several reports taking stock of the situation concerning gender diversity in economic decision-making.(5) The Commission has encouraged publicly listed companies in the Union to increase the number of women members of the under-represented sex on their boards by self-regulatory measures and to make concrete voluntary commitments in that regard. (6) In its Women's Charter(7) of 5 March 2010, the Commission underlined that women still do not have full access to the sharing of power and decision-making in political and economic life and reaffirmed its commitment to use its powers to promote a fairer representation of women and men in positions of responsibility. Improving the gender balance in decision-making was defined by the Commission's strategy for equality between women and men 2010-2015(8) as one of its priority tasks. [Am. 2]

(5)  In the European Pact for Gender Equality 2011-2020, which was adopted on 7 March 2011, the Council acknowledged that gender equality policies are vital to economic growth, prosperity and competitiveness, reaffirmed its commitment to close the gender gaps with a view to meeting the objectives of the Europe 2020 Strategy, especially in three areas of great relevance to gender equality, namely employment, education and social inclusion, and urged action to promote the equal participation of women and men in decision-making at all levels and in all fields, in order to make full use of all available talent, knowledge and ideas, thus enriching the diversity of human resources and improving business prospects. [Am. 3]

(6)  The European Parliament, in its resolution on women and business leadership of 6 July 2011(9), urged companies to attain the critical threshold of 30 % female membership of management bodies by 2015 and 40 % by 2020. It called on the Commission, if the steps taken by companies and the Member States were found to be inadequate, to propose legislation by 2012, including quotas, to be implemented on a temporary basis and to serve as catalysts for change and for rapid reforms designed to eliminate persisting gender inequalities and stereotypes in economic decision-making. The European Parliament reiterated that call for legislation in its resolution of 13 March 2012 on equality between women and men in the European Union – 2011(10). [Am. 4]

(6a)  The Union institutions, bodies, offices and agencies, such asthe European Central Bank should lead by example as regards gender equality in decision-making, inter alia by setting objectives for a gender-balanced representation at all levels. Stringent rules on internal and external recruitment to all Union institutions, bodies, offices and agencies should be implemented and monitored without delay. Particular attention needs to be given to policies for the recruitment of senior management. The Union institutions, bodies, offices and agencies should each publish an annual report setting out their efforts to that end. [Am. 5]

(7)  The efficient use of human capital is the most important determinant of an economy's competitiveness, development and growth, and is key to addressing the Union's demographic challenges, to competing successfully in a globalised economy and to ensuring a comparative advantage vis-à-vis third countries. The pool of highly trained and qualified women is constantly growing as evidenced by the fact that 60 % of university graduates are female. A continued failure to draw on this pool in appointments to appointments to economic companies' management positions and decision-making positions would amount to a failure to fully exploit skilled human capital. [Am. 6]

(7a)  Companies and businesses should consider the creation of a pipeline of board- and management-ready women that encourages, supports and develops female talent at all levels and throughout their careers. [Am. 7]

(7b)  In order to ensure the promotion of gender equality, Member States should put in place provisions whereby men and women can combine work and family life, incorporating, in particular, flexible arrangements and support for those with care responsibilities. [Am. 8]

(7c)  The attainment of gender equality in society as a whole entails the establishment of equal academic and professional rights for men and women, and of shared family, childcare and household responsibilities. The fact that women are typically responsible for the large majority of family and household chores may hinder their advancement to top professional positions. Active participation and involvement of men in family responsibilities is crucial for the attainment of a work-life balance and for the creation of equal career opportunities for both men and women. Attention should be paid to tackling gender stereotyping, inflexible and outdated employment policies and inadequate parental leave provisions. There should be measures in place enabling women and men to combine family and work life should they so wish. Member States should be encouraged to ensure the implementation of welfare elements such as fair parental leave allowances for both women and men, extensive provision for childcare and opportunities for shared parental leave. [Am. 9]

(8)  At company level, it is widely acknowledged that the presence of women on boards improves corporate governance, because team performance and the quality of decision-making are enhanced due to a more diverse and collective mindset incorporating a wider range of perspectives as well as a more proactive business model, which therefore makes it possible to reach more balanced decisions, with a view to better reflecting societal and consumers' realities. Numerous studies have also shown that there is a positive relationship between gender diversity at top management level and a company's financial performance and profitability. Enhancing female representation on the boards of publicly listed companies in the Union, given the significant economic and social responsibility of such companies, can therefore have a positive impact on the economic performance of the companies concerned. Measures to encourage career progression for women at all levels of management should therefore be introduced and reinforced. [Am. 10]

(8a)  The appointment of women as board members is being hampered by a number of specific factors which can be overcome not only through sanctions but also through educational initiatives and incentives to promote good practices. First, it is essential to heighten awareness in business schools and universities of the benefits of gender equality in making companies more competitive. It is also necessary to encourage a regular turnover of board members and to introduce positive measures to promote and reward efforts by states and companies to adopt a more decisive approach to such changes in top economic decision-making bodies at Union level. Finally, taxation and public procurement both provide suitable channels for the promotion of greater gender balance on company boards. [Am. 11]

(9)  Existing evidence also shows that labour market equality can improve economic growth substantially. Enhancing female presence in the boardrooms of listed companies in the Union not only affects the women appointed to boards, but also contributes to attracting female talent to the company and ensuring a greater presence of women at all levels of management and in the workforce. Therefore, a higher share of women on company boards has should have a positive impact on closing both the gender employment gap and the gender pay gap. Making full use of the existing female talent pool would constitute a marked improvement in terms of return on education for both individuals and the public sector. Female under-representation in the board rooms of publicly listed companies in the Union is a missed opportunity in terms of achieving long-term sustainable growth for Member States' economies at large. [Am. 12]

(10)  Despite the existing Union legislation aimed at preventing and combating sex discrimination, the Council recommendations aimed specifically at increasing the presence of women in economic decision-making and Union-level actions encouraging self-regulation, women continue to be strongly outnumbered by men under-represented in the highest decision-making bodies of companies throughout the Union. In the private sector, and especially in listed companies, this gender imbalance is particularly significant and acute, while certain Union institutions, bodies, offices and agencies, such as the European Central Bank, also display a deeply problematic gender imbalance. The Commission's key indicator of gender representation on corporate boards shows that the proportion of women involved in top-level business decision-making remains very low. In January 2012, women occupied on average just 13.7 % of board seats in the largest publicly listed companies in Member States. Among non-executive directors only 15 % were women, which is a clear indication of a democratic deficit and of unfair and discriminatory representation of women, in violation of Union principles of equal opportunities and equal treatment of both sexes in the fields of employment and occupation. [Am. 13]

(11)  The proportion of women on company boards is progressing very slowly, with an average annual increase of just 0.6 % during the past years. The rate of improvement has differed in individual Member States and has led to highly divergent results. Much more significant progress was noted in theMember States where such as France, which has set 2017 as its target date for fulfilment of the objectives contained in this Directive, meeting in less than two years the 20 % target set for 2014, or countries such as Norway, which met the 40 % target in three years. In both cases these results were achieved through binding measures have been introduced. Growing discrepancies between Member States are likely to increase given the very different approaches pursued by individual Member States to increase the representation of females on boards that are being pursued by individual Member States. [Am. 14]

(11a)  Member States should adopt strategies moving towards a socio-cultural shift in their approach to gender balance, by using versatile means to encourage women's participation in the management hierarchy and the taking-up of proactive approaches and actions by employers. Such means could include, inter alia, promoting flexible work schedules and encouraging family-friendly workplaces by providing access to day care. [Am. 15]

(12)  The scattered and divergent regulation, or the absence of regulation, at national level as regards the gender balance on boards of listed companies does not only lead to discrepancies in the number of women among non-executive directors and different rates of improvement across Member States, but also poses barriers to the internal market by imposing divergent corporate governance requirements on listed companies within the Union. Those differences in legal and self-regulatory requirements for the composition of corporate boards can lead to practical complications for listed companies operating across borders, notably when establishing subsidiaries or in mergers and acquisitions, as well as for candidates for board positions. Nevertheless, this Directive should be enforced without regard to the different ways in which non-executive directors are selected to serve on the boards of Union companies. [Am. 16]

(12a)  Gender imbalances within companies are greater at more senior levels. Furthermore, many of those women who are represented in senior management are to be found in fields such as human resources and communication, while men at a senior level are more likely to be employed in general management or 'line management' within the company. As the main pool for recruitment to board positions is comprised largely of candidates with senior management experience, it is vital that the number of women advancing to such management positions within companies be increased. [Am. 17]

(12b)  One of the main factors enabling this Directive to be correctly implemented is the effective application of criteria, to be set in advance and with full transparency, for the selection of non-executive directors, with candidates' competencies being considered on an equal basis, regardless of their gender. [Am. 18]

(12c)  In the context of an ageing population and skills shortages, a failure to utilise the potential of half of the population of the Union for positions on the boards of companies might slow down the development opportunities of the Union's economy and the recovery of its financial structures. If one half of the talent pool is not even considered for leadership positions, the very process and quality of appointments may be compromised, leading to increased distrust of business power structures and possibly to a reduction in the efficient utilisation of available human capital. Systematically including suitable candidates from both sexes ensures that new board members are selected from amongst the very best candidates, both male and female, and that the make-up of society is faithfully reflected in corporate decision-making. [Am. 19]

(13)  The current lack of transparency of the selection procedures and qualification criteria for board positions in most Member States represents a significant barrier to more gender diversity among board members and negatively affects both the board candidates' careers and freedom of movement, as well as investor decisions. Such lack of transparency prevents potential candidates for board positions from applying to boards where their qualifications would be most required and from challenging gender-biased appointment decisions, thus restricting their freedom of movement within the internal market. On the other hand, investors have different investment strategies that require information linked also to the expertise and competence of the board members. More transparency in the qualification criteria and the selection procedure for board members enables investors to better assess the company's business strategy and to take informed decisions. It is therefore important that board appointment procedures be clear and transparent and that applicants be assessed objectively on their individual merits, irrespective of gender. [Am. 20]

(14)  While this Directive does not aim to harmonise national laws on the selection procedures and qualification criteria for board positions in detail, the introduction of certain minimum standards as regards the requirement for listed companies without balanced gender representation to take appointment decisions for non-executive directors on the basis of a transparent and clearly defined selection procedure and an objective comparative assessment of the qualifications of candidates in terms of suitability, competence and professional performance is necessary in order to attain gender balance among non-executivesexecutive directors. Only a binding measure at Union level can effectively help to ensure a competitive level playing field throughout the Union and avoid practical complications in business life. [Am. 21]

(15)  The Europe 2020 Strategy for Smart, Sustainable and Inclusive Growth(11) ascertained that increased female labour force participation is a precondition for boosting growth and for tackling demographic challenges in Europe. The Strategy set a headline target of reaching an employment rate of 75 % for women and men aged 20-64 by 2020, which can only be reached if there is a clear commitment to gender equality, elimination of the persisting gender pay gap and a reinforced effort to tackle all barriers to women's participation in the labour market, including the existing 'glass-ceiling' phenomenon. The current economic crisis has magnified Europe's ever-growing need to rely on knowledge, competence and innovation and to make full use of the pool of available talent, of both men and women. Enhancing female participation in economic decision-making, on company boards in particular, is expected to have a positive spill-over effect on female employment in the companies concerned and throughout the whole economy. [Am. 22]

(15a)  Achievement of these objectives is of vital importance in ensuring Europe’s economic competitiveness, encouraging innovation and enhancing professional standards on company boards. The Union has accordingly declared labour market equality and progressively greater gender equality on company boards to be European decade of equality objectives and will examine ways of heightening awareness of progress being achieved in this area. [Am. 23]

(16)  The Union should therefore aim to increase the presence of women on company boards in all Member States, in order both to boost economic growth, encourage labour market mobility, strengthen the competitiveness of European companies and achieve effective gender equality on the labour market. This aim should be pursued through minimum requirements on positive action in the form of binding measures aimed at attaining a quantitative objective for the gender composition of boards of listed companies, in theview of the fact that Member States and other countries which have chosen this or a similar method have achieved the best results in reducing the under-representation of women in economic decision-making positions. [Am. 24]

(16a)  Listed companies should develop a gender policy in order to attain a more balanced gender representation throughout the company concerned. That policy may include a description of the relevant measures implemented in that company, such as nominating both a female and male candidate for key positions, mentoring schemes and career development guidance for women, and human resource strategies to encourage diverse recruitment. Furthermore, it may include offering flexible working conditions for all employees, for example assistance for parental leave, as well as providing assistance for housework and childcare. Each company may select the policies best suited to its activities and should take active measures to increase the proportion of the under-represented gender in the management of the company. [Am. 25]

(17)  Companies listed on stock exchanges enjoy a particular economic importance, visibility and impact on the market as a whole. The measures provided for in this Directive should therefore apply to listed companies, which are defined as companies incorporated whose seat is in a Member State and whose securities are admitted to trading on a regulated market within the meaning of Article 4(1) (14) of Directive 2004/39/EC of the European Parliament and of the Council ,(12) in one or more Member States. These companies set standards for the economy in its entirety and their practices can be expected to be followed by other types of companies. The public nature of listed companies justifies that they be regulated to a greater extent in the public interest. [Am. 26]

(18)  This Directive should not apply to micro-, small and medium-sized enterprises (SMEs) as defined by Commission Recommendation 2003/361/EC ,(13) even if they are listed companies. However, Member States should put in place policies to support and incentivise SMEs to improve significantly the gender balance at all levels of management and on company boards. [Am. 27]

(19)  There are various systems of board structures for listed companies in the Member States, the main distinction being between a dual ('two-tier') system with both a management board and a supervisory board and a unitary ('one-tier') system combining the management and supervisory function in a single board. There are also mixed systems, which feature aspects of both systems or give companies an option between different models. The measures provided for in this Directive should apply to all board systems in the Member States.

(20)  All board systems distinguish between executive directors, who are involved in the daily management of the company, and non-executive directors, who are not involved in the daily management but do perform a supervisory function. The quantitative objectives provided for in this Directive should apply only to the non-executive directors in order to strike the right balance between the need to increase the gender diversity of boards and the need to minimise interference with the day-to-day management of a company. As the non-executive directors perform supervisory tasks, it is also easier to recruit qualified candidates from outside the company and to a large extent also from outside the specific sector in which a company operates – a consideration which is of importance for areas of the economy where members of a particular sex are especially under-represented in the workforce.

(21)  In several Member States, a certain proportion of the non-executive directors can or must be appointed or elected by the company's workforce and/or organisations of workers pursuant to national law or practice. The quantitative objectives provided for in this Directive should apply to all non-executive directors including employee representatives. However, the practical procedures for ensuring that those objectives are attained, taking into account the fact that some non-executive Directors are employee representatives, should be defined by the Member States concerned. This Directive should take account of the diversity and national characteristics of selection procedures in the Member States. [Am. 28]

(22)  Listed companies in the Union shouldbe imposed obligations of means providing for appropriate procedures with a view of meeting specific objectives regarding the gender composition of their boards. aim to attain the objective of having at least 40 % of non-executive directors of the under-represented sex by 1 January 2020. For the purpose of attaining that objective, those listed companies in whose boards members of the under-represented sex hold less than 40 per cent of non-executive director positions should make the be obliged to carry out the pre-selection or selection procedure for appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attain the said percentage at the latest by 1 January 2020. Therefore, the Directive establishes the objective of at least 40 per cent of non-executive directors of the under-represented sex by that date. This objective in principle only concerns the overall gender diversity among the non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions, nor does it impose any individual directors on companies or shareholders. The decision on the appropriate board members thus remains with the companies and shareholders. [Am. 29]

(22a)  The objective of 40 % only concerns, in principle, the overall gender diversity among the non-executive directors and does not interfere with the concrete choice of individual directors from a wide pool of male and female candidates in each individual case. In particular, it does not exclude any particular candidates for director positions; nor does it impose any individual directors on companies or shareholders. The decision on whom to appoint as appropriate board members thus remains with the companies and shareholders. [Am. 30]

(22b)  Listed companies should consider putting in place training programmes and mentoring programmes for the under-represented sex as a tool to achieve gender balance where there is a clear gender gap in the selection pool for recruitment to board positions. [Am. 31]

(23)  Member States exercise a dominant influence over listed companies which are public undertakings within the meaning of point (b) of Article 2 of Commission Directive 2006/111/EC(14). Due to that dominant influence, they have the instruments at their disposal to bring about the necessary change more rapidly. Therefore, in such companies the objective of at least 40 % of non-executive directors of the under-represented sex should be set at an earlier date, in conformity with adequate mechanisms to be set up by Member States in line with this Directive. [Am. 32]

(23a)  Due to their nature, public undertakings, whether listed or not, should serve as a model for the private sector. Therefore, the Commission should assess the situation in the Member States and evaluate whether public undertakings which would not fall within the definition of SME may be incorporated in the scope of this Directive at some point in the future. [Am. 33]

(23b)  The Commission should collect and analyse facts and figures about the gender balance in non-listed large undertakings, which are also of great importance for the economy. An impact assessment should subsequently be carried out to gain an overview of the situation in such undertakings in the Member States and to evaluate whether measures at Union level are needed in order to bring such undertakings within the scope of this Directive at some point in the future. At the same time, the Commission should explain the available options to that end, since special schemes may be necessary for such undertakings owing to specific national circumstances. [Am. 34]

(24)  Determining the number of non-executive director positions necessary to meet the objective requires further specification since for most board sizes it is mathematically possible only to go beyond or remain below the exact share of 40 per cent. Therefore, the number of board positions necessary to meet the objective should be the number closest to 40 per cent. At the same time, in order to avoid discrimination of the initially over-represented sex, listed companies should not be obliged to appoint members of the under-represented sex to half or more of the non-executive board positions. Thus, for example, Where a non-executive board consists of only three members, it is mathematically impossible to go beyond a share of 40 % for both genders. Therefore, in such cases, members of the under-represented sex should hold at least one position on boards with three or fournon-executive directors, at least two positions on boards with five or six non-executive directors, and at least three positions on boards with seven or eight non-executive directors. [Am. 35]

(25)  In its case-law(15) on positive action and the compatibility thereof with the principle of non-discrimination on ground of sex (now also laid down in Article 21 of the Charter ), the Court of Justice of the European Union accepted that priority may in certain cases be given to the under-represented sex in selection for employment or promotion, provided that the candidate of the under-represented sex is equally qualified as the competitor of the other sex in terms of suitability, competence and professional performance, that the priority is not automatic and unconditional but may be overridden if reasons specific to an individual candidate of the other sex tilt the balance in that candidate's favour, and that the application of each candidate is subject of an objective assessment which takes account of all criteria specific to the individual candidates.

(26)  In line with that case-law, Member States should ensure that the selection of the best qualified candidates for non-executive directors is based on a comparative analysis of the qualifications of each candidate on the basis of pre-established, clear, neutrally formulated and unambiguous criteria. Examples of types of selection criteria that companies could apply include professional experience in managerial and/or supervisory tasks, international experience, multidisciplinarity, knowledge in specific relevant areas such as finance, controlling or human resources management, leadership and communication skills and networking abilities. Priority should be given to the candidate of the under-represented sex if that candidate is equally qualified as the candidate of the other sex in terms of suitability, competence and professional performance, and if an objective assessment, taking account of all criteria specific to the individual candidates, does not tilt the balance in favour of a candidate of the other sex. [Am. 36]

(27)  The methods of recruiting, selecting and appointing directors differ from one Member State to another and from one company to another. They may involve the pre-selection of candidates to be presented to the shareholders' assembly, for example by a nomination committee, the direct appointment of directors by individual shareholders or a vote in the shareholders' assembly on individual candidates or lists of candidates. This Directive respects the diversity of selection procedures, which should be based on transparency and merit, while insisting that the aim of increasing the participation of the under-represented sex on boards be attained. The requirements concerning the selection of candidates should be met at the appropriate stage of the selection process in accordance with national law and the articles of association of the listed companies concerned. In this respect, this Directive only establishes a minimum harmonisationallows for diversity of selection procedures, making it possible to apply the conditions provided for by the case-law of the Court of Justice with a view to attaining the objective of a more balanced gender representation in the boards of listed companies. The provisions of this Directive do not unduly interfere with day-to-day management, since companies maintain the freedom to select candidates on the basis of qualifications or other objective relevant considerations. [Am. 37]

(27a)  Where pre-selection of candidates is based on election or voting procedures, for example by workers or their representatives, the procedures throughout the entire process should be adjusted in order to contribute to the attainment of the objective of increased gender balance on the board of directors as a whole, while ensuring that the sex of the director elected in such a procedure is not in any way predetermined. [Am. 38]

(28)  This Directive aims to improve the gender balance among directors of companies listed on stock exchanges and thus to contribute to the realisation of the principle of equal treatment between men and women, recognised as a fundamental right of the Union. Listed companies should therefore be required to disclose, upon the request of an unsuccessful candidate, not only the qualification criteria upon which the selection was based but also the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate who is not of the under-represented sex. These limitations to the right to respect for private life with regard to the processing of personal data, recognised by the Articles 7 and 8 of the Charter, and the obligation for listed companies to supply that information upon request to the unsuccessful candidate, are necessary and, in conformity with the principle of proportionality, genuinely meet recognised objectives of general interest. They are therefore in line with the requirements for such limitations laid down in Article 52(1) of the Charter and with the relevant case-law of the Court of Justice.

(29)  Where an unsuccessful candidate of the under-represented sex establishes the presumption they were equally qualified as the appointed candidate of the other sex, the listed company should be required to demonstrate the correctness of the choice.

(30)  Member States should provide for effective, proportionate and dissuasive sanctions for breaches of the requirements for an open and transparent procedure set out in this Directive, which could include, inter alia, administrative fines, exclusion from public calls for tenders, partial exclusion from the award of funding from the Union's Structural Funds, and nullity or annulment declared by a judicial body of the appointment or of the election of non-executive directors made contrary to the national provisions adopted pursuant to Article 4(1). It should be possible for Member States to go beyond the non-exhaustive list of sanctions provided for in this Directive and to add, inter alia, the forced dissolution of the company concerned, ordered by a competent judicial body in full respect of proper procedural safeguards, in cases of serious and repeated infringements by that company. [Am. 39]

(31)  Since the gender composition of the workforce has a direct impact on the availability of candidates of the under-represented sex, Member States may provide that where the members of the under-represented sex make up less than 10 per cent of the workforce the company concerned should not be required to meet the objective laid down in this Directive. [Am. 40]

(32)  Since listed companies should aim to increase the proportion of the under-represented sex in all decision-making positions, Member States may provide that the objective laid down in this Directive should be considered to be met where listed companies can show that members of the under-represented sex hold at least one third of all director positions, irrespective of whether they are executive or non-executive. Such companies should, however, be required to continue to set out in their annual reports and on their websites the gender balance among executive and non-executive directors, and their policies in this area, in accordance with Article 5 of this Directive. [Am. 41]

(33)  In addition to the measures relating to non-executive directors, and with a view also to improving the gender balance among directors involved in daily management tasks, listed companies should be required to make individual commitments regarding the representation of both sexes among executive directors, to be achieved at the latest by 1 January 2020. These commitments should aim to achieve tangible progress from the individual company's current position towards better gender balance.

(34)  Member States should require listed companies to provide information on the gender composition of their boards as well as information on how they managed to meet the objectives laid down in this Directive, on a yearly basis to the competent national authorities in order to enable them to assess the progress of each listed company towards gender balance among directors. Such information should be included in the company's annual report and published in an appropriate and easily accessible manner on its website and, where the company in question has not met the objective, itshould include a comprehensive description of the concrete measures that it has taken so far and intends to take in the future in order to meet the objective. Furthermore, companies that have failed to attain the objective or to fulfil the commitments given by them should provide a statement of the reasons for their failure to do so, as well as a description of the concrete measures which they have taken so far, and which they intend to take in the future, in order to meet that objective and fulfil those commitments. [Am. 42]

(35)  Member States may have already taken measures providing for means to ensure a more balanced representation of women and men in company boards before the entry into force of this Directive. Such Member States should have an opportunity to apply those measures in place of the procedural requirements relating to appointments where they can demonstrate that the measures taken are of equivalent efficacy in order to attain the objective of a presence of the under-represented sex of at least 40 per cent among non-executive directors of listed companies at the latest by 1 January 2020 or at the latest by 1 January 2018 in case of listed companies which are public undertakings.

(36)  This Directive respects fundamental rights and observes the principles recognised by the Charter. In particular, it contributes to the fulfilment of the right to equality between women and men (Article 23 of the Charter), the freedom to choose an occupation and the right to engage in work (Article 15 of the Charter). This Directive seeks to ensure full respect for the right to an effective remedy and a fair hearing (Article 47 of the Charter). The limitations on the exercise of the freedom to conduct business (Article 16 of the Charter) and of the right to property (Article 17(1) of the Charter) respect the essence of those rights and freedoms and are necessary and proportionate. They genuinely meet objectives of general interest recognised by the Union and the need to protect the rights and freedoms of others.

(37)  While some Member States have taken regulatory action or encouraged self-regulation with mixed results, the majority of Member States have not taken action or indicated their willingness to act in a way that would bring about sufficient improvement. Projections based on a comprehensive analysis of all available information on past and current trends as well as intentions show that a balanced gender representation among non-executive board members across the Union in line with the objectives set out in this Directive will not be achieved by Member States acting individually at any point in the foreseeable future. In the light of those circumstances, and given the growing discrepancies between Member States in terms of the representation of women and men on company boards, the gender balance on corporate boards across the Union can only be improved through a common approach, and the potential for gender equality, closing the existing gender pay gap and improvement of competitiveness and growth can be better achieved through coordinated action at Union level rather than through national initiatives of varying scope, ambition and effectiveness. Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale and effect of action, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. [Am. 43]

(38)  In accordance with the principle of proportionality, as set out in that same Article, this Directive is limited to setting common objectives and principles and does not go beyond what is necessary in order to achieve those objectives. Member States are given sufficient freedom to determine how the objectives laid down in this Directive should best be achieved taking national circumstances into account, in particular rules and practices concerning recruitment for board positions. This Directive does not interfere with the possibility for companies to appoint the most qualified board members, and it establishes a flexible framework and grants a sufficiently long period of adaptation for all listed companies. [Am. 44]

(39)  In accordance with the principle of proportionality, the objective to be met by listed companies should be limited in time and should remain in force only until sustainable progress has been achieved in the gender composition of boards. For that reason, the Commission should regularly review the application of this Directive and report to the European Parliament and the Council. TheThis Directive is due to expire on 31 December 2028. The Commission should assess, in its review, ifwhether there is a need to extend the duration of the Directive beyond that period. Member States should cooperate with social partners and civil society in order to efficiently inform them about the significance, transposition and implementation of this Directive. Information campaigns would significantly contribute to the raising of awareness of the issue among non-listed companies and encourage them to achieve gender balance proactively. Member States should be encouraged to exchange experiences and good practices regarding the transposition and implementation of this Directive. [Am. 45]

(40)  In accordance with the Joint Political Declaration of Member States and the Commission of 28 September 2011 on explanatory documents(16), Member States have undertaken, in justified cases, to accompany 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,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject-matter

This Directive lays down measures to ensure a more balanced representation of men and women among the non-executive directors of listed companies by establishing effective measures aimed at accelerated progress towards gender balance while allowing companies sufficient time to make the necessary arrangements. [Am. 46]

Article 2

Definitions

For the purposes of this Directive:

(1)  ‘listed company’ means a company incorporated which has its seat in a Member State and the securities of which are admitted to trading on a regulated market within the meaning of Article 4(1) (14) of Directive 2004/39/EC, in one or more Member States; [Am. 47]

(2)  ‘board’ means any administrative, managerial or supervisory body of a company;

(3)  ‘director’ means any member of a board, including an employees' representative;

(4)  ‘executive director’ means any member of a unitary board who is engaged in the daily management of the company and any member of a managerial board in a dual-board system;

(5)  ‘non-executive director’ means any member of a unitary board other than an executive director and any member of a supervisory board in a dual-board system;

(6)  ‘unitary board’ means a single board that combines the management and the supervisory functions of a company;

(7)  ‘dual-board system’ means a system in which the management and supervisory functions of a company are carried out by separate boards;

(8)  ‘small and medium-sized enterprise’ or ‘SME’ means a company which employs less than 250 persons and has an annual turnover not exceeding EUR 50 million or an annual balance sheet total not exceeding EUR 43 million, or, for an SME which is incorporated in a Member State whose currency is not the euro, the equivalent amounts in the currency of that Member State;

(9)  ‘public undertaking’ means an undertaking over which the public authorities may exercise, directly or indirectly a dominant influence by virtue of their ownership thereof, their financial participation therein, or the rules which govern it. A dominant influence on the part of the public authorities shall be presumed when these authorities, directly or indirectly in relation to an undertaking:

–  hold the major part of the undertaking’s subscribed capital; or

–  control the majority of the votes attaching to shares issued by the undertakings; or

–  can appoint more than half of the members of the undertaking's administrative, managerial or supervisory body.

Article 3

Exclusion of small and medium-sized enterprises

This Directive shall not apply to small and medium-sized enterprises ('SMEs').

Article 4

Objectives with regard to non-executive directors

1.  Member States shall ensure that listed companies on the boards of which members of the under-represented sex hold less than 40 % of the non-executive director positions make the appointments to those positions on the basis of a comparative analysis of the qualifications of each candidate, by applying pre-established, clear, neutrally formulated and unambiguous criteria, in order to attainadjust their recruitment procedures, including those in respect of vacancy notices calling for applications, pre-selection, selection and appointments, in such a way that those procedures effectively contribute to the attainment of the said percentage by 1 January 2020 or, in the case of public undertakings, by 1 January 2018listed companies which are. In particular, Member States shall ensure that companies select the most qualified candidates for a board position from a gender-balanced selection pool and on the basis of a comparative analysis of the candidates' qualifications by applying pre-established, clear, neutrally formulated, non-discriminatory and unambiguous criteria. In the case of an election procedure, Members States shall ensure that companies guarantee gender diversity in the composition of the shortlist of candidates while ensuring that the sex of the non-executive director elected in such a procedure is not in any way predetermined.

In order to attain the objective of 40 %, and in accordance with Article 23(2) of the Charter, Member States shall ensure that, at every stage in the procedure for the recruitment, selection or appointment of non-executive directors, priority is given to the candidate of the under-represented sex if that candidate is equally qualified as a candidate of the other sex in terms of suitability, competence and professional performance, unless an objective assessment, taking account of all criteria specific to the individual candidates, tilts the balance in favour of the candidate of the other sex. [Am. 48]

2.  The number of non-executive director positions necessary to meet the objective laid down in paragraph 1 shall be that constituting the number closest to the proportion of at least 40 %, but not exceeding 49 per cent. If the non-executive board consists of only three board members, the proportion one to two shall suffice. [Am. 49]

3.  In order to attain the objective laid down in paragraph 1, Member States shall ensure that, in the selection of non-executive directors, priority shall be given to the candidate of the under-represented sex if that candidate is equally qualified as a candidate of the other sex in terms of suitability, competence and professional performance, unless an objective assessment taking account of all criteria specific to the individual candidates tilts the balance in favour of the candidate of the other sex. [Am. 50]

4.  Member States shall ensure that listed companies are obliged to disclose, on the request of an unsuccessful candidate to an unsuccessful candidate, while respecting candidates' anonymity in accordance with the Union rules on data protection, at least the number and gender of the candidates in the selection pool, the qualification criteria upon which the selection or appointment was based, the objective comparative assessment of those criteria and, where relevant, the considerations tilting the balance in favour of a candidate of the other sex. [Am. 51]

5.  Member States shall take the necessary measures, in accordance with their national judicial systems, to ensure that, where an unsuccessful candidate of the under-represented sex who considers himself or herself wronged because the provisions of paragraph 1 have not been applied to him or her establishes, before a court or other competent body, facts from which it may be presumed that that candidate was equally qualified as the appointed candidate of the other sex, it shall be for the listed company to prove that there has been no breach of the rule laid down in paragraph 31.

This paragraph shall not prevent Member States from introducing rules of evidence which are more favourable to plaintiffs. [Am. 52]

6.  Member States may provide that listed companies where the members of the under-represented sex represent less than 10 per cent of the workforce are not subject to the objective laid down in paragraph 1. [Am. 53]

6a.  Where the selection referred to in paragraph 1 is made through a vote of shareholders or employees, companies shall ensure that voters are properly informed regarding the measures provided for in this Directive, including sanctions for non-compliance by the company. [Am. 54]

7.  Member States may provide that the objective laid down in paragraph 1 is met where listed companies can show that members of the under-represented sex hold at least one third of all director positions, irrespective of whether they are executive or non-executive directors.

Article 5

Additional measures by companies and reporting

1.  Member States shall ensure that listed companies undertake individual commitments regarding gender-balanced representation of both sexes among executive directors to be achieved at the latest by 1 January 2020, or, in case of listed companies which are public undertakings, by 1 January 2018.

2.  Member States shall require listed companies to provide information to the competent national authorities, once a year as from [two years after adoption], about the gender representation on their boards, distinguishing between non-executive and executive directors, and about the measures taken in view of the objectives laid down in Article 4(1) and in paragraph 1 of this Article, and to publish that information in an appropriate and easily accessible manner on their website and in their annual report. [Am. 55]

3.  Where a listed company does not meet the objectives laid down in Article 4(1) or its own individual commitments taken pursuant to paragraph 1 of this Article, the information referred to in paragraph 2 of this Articleit shall include provide a statement of the reasons for not reaching the its failure to attain those objectives or to fulfil those commitments and a comprehensive description of the measures which the company has adopted, or which it intends to adopt, in order to meet the objectives or commitments. That statement of reasons shall form part of the information referred to in paragraph 2. [Am. 56]

4.  Member States shall take the necessary measures to ensure that the body or bodies designated in accordance with Article 20 of Directive 2006/54/EC of the European Parliament and of the Council (17) are also competent for the promotion, analysis, monitoring and support of gender balance on the boards of listed companies. To that end, Member States shall collaborate efficiently with social partners and civil society. [Am. 57]

Article 6

Sanctions

1.  Member States shall lay down rules on sanctions applicable to infringements of the national provisions adopted pursuant to this Directiverequirements for an open and transparent procedure as set out in Article 4(1) and shall take all necessary measures to ensure that they are applied. [Am. 58]

2.  The sanctions must be effective, proportionate and dissuasive and mayshall include at least the following measures: [Am. 59]

(a)  administrative fines;

(aa)  exclusion from public calls for tenders; [Am. 60]

(ab)  partial exclusion from the award of funding from the Union's Structural Funds; [Am. 61]

(b)  a declaration by a judicial body of nullity or annulment of the appointment or election of non-executive directors made in contravention of the national provisions adopted pursuant to Article 4(1).

Article 7

Minimum requirements

Member States may introduce or maintain provisions which are more favourable than those laid down in this Directive to ensure a more balanced representation of men and women in respect of companies incorporated in their national territory, provided those provisions do not give rise to unjustified gender discrimination or any other form of discrimination, nor or hinder the proper functioning of the internal market. [Am. 62]

Article 8

Implementation

1.  Member States shall adopt and publish, by [two years after adoption] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately inform the Commission thereof.

2.  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.

3.  Without prejudice to Article 4(6) and (7), Member States which before the entry into force of this Directive have already taken measures to ensure a more balanced representation of women and men among the non-executive directors of listed companies may suspend the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5), provided that it can be shown that those measures enable members of the under-represented sex to hold at least 40 % of the non-executive director positions of listed companies by 1 January 2020, or, in the case of listed companies which are public undertakings, by 1 January 2018.

The Member State in question shall notify this information to the Commission. The Commission shall inform the European Parliament and the Council of such notification. The suspension shall be automatically lifted if insufficient progress is made towards attainment of the objective of this Directive, which shall be deemed to be the case if the percentage of the under-represented sex is lower than 30 % by 2017 or, in the case of public undertakings, by 2015. [Am. 63]

4.  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 9

Review

1.  Member States shall communicate to the Commission by 1 January 2017 and every two years thereafter a report on the implementation of this Directive. Such reports shall include, inter alia, comprehensive information about the measures taken with a view to attaining the objectives laid down in Article 4(1), information provided in accordance with Article 5(2) and information about individual commitments entered into by listed companies pursuant to Article 5(1).

1a.  The Commission shall submit by 1 July 2017 an evaluation report on the implementation of the requirements for listed companies referred to in Articles 4(1) and 5(1) and (2), on the basis of the reports submitted by the Member States pursuant to paragraph 1. In addition, the Commission's report shall include an account of the gender balance situation at board level and at management level in respect of non-listed companies that are above the SME threshold as defined in Article 2. [Am. 64]

1b.  The Commission shall submit a report to the European Parliament and the Council on the way in which the principles of this Directive are applied by all Union institutions, bodies, offices and agencies and incorporated into the rules governing their internal staffing procedures. To that end, all Union institutions, bodies, offices and agencies shall report to the Commission by 31 December 2018, and thereafter annually, on their gender statistics and on the progress made. The Commission shall forthwith make such reports public on its website. Where appropriate, the Commission's report shall be accompanied by a legislative proposal extending the scope of this Directive to cover all Union institutions, bodies, offices and agencies. [Am. 65]

2.  Member States which, pursuant to Article 8(3), have suspended the application of the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) shall include in the reports mentioned in paragraph 1 information demonstrating the concrete results obtained by the national measures referred to in Article 8(3). The Commission shall then issue a specific report ascertaining whether those measures will effectively enable members of the under-represented sex to hold at least 40 % of the non-executive director positions by 1 January 2018 in the case of listed companies which are public undertakings, and by 1 January 2020 in the case of listed companies which are not public undertakings. The first such report shall be issued by the Commission by 1 July 2017, and subsequent reports shall be issued within six months after notification of the respective national reports under paragraph 1.

The Member States in question shall ensure that listed companies, which by applying the national measures referred to in Article 8(3) have not appointed or elected members of the under-represented sex to at least 40 % of the non-executive director positions on their boards by 1 January 2018, where they are public undertakings, or by 1 January 2020, where they are not public undertakings, apply the procedural requirements relating to appointments contained in Article 4(1), (3), (4) and (5) with effect respectively from those dates.

3.  The Commission shall review the application of this Directive and report to the European Parliament and the Council by 31 December 2021 and every two years thereafter. The Commission shall evaluate in particular whether the objectives of this Directive have been achieved.

4.  In its report, the Commission shall assess whether, in the light of developments in the representation of men and women in the boards of listed companies and at different levels of decision-making throughout the economy and taking into account whether the progress made is sufficiently sustainable, there is a need to extend the duration of this Directive beyond the date specified in Article 10(2) or to amend it. It shall also examine whether the scope of this Directive should be extended to cover non-listed public undertakings which do not fall within the definition of SME, non-listed large undertakings and executive directors of listed companies. [Am. 66]

Article 10

Entry into force and expiry

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

2.  It shall expire on 31 December 2028.

Article 11

Addressees

This Directive is addressed to the Member States.

Done at ,

For the European Parliament For the Council

The President The President

(1) OJ C 133, 9.5.2013, p. 68.
(2) Position of the European Parliament of 20 November 2013.
(3)Council Recommendation 84/635/EEC of 13 December 1984 on the promotion of positive action for women (OJ L 331, 19.12.1984, p. 34).
(4)Council Recommendation 96/694/EC of 2 December 1996 on the balanced participation of women and men in the decision-making process (OJ L 319, 10.12.1996, p.11).
(5)Commission report entitled 'More women in senior positions' (2010); Commission Staff Working Paper dated 1 March 2011 entitled 'The Gender Balance in Business Leadership' (SEC(2011) 246 final); Progress Report dated 5 March 2012 entitled 'Women in economic decision-making in the EU' ; Commission Staff Working Document dated 16 April 2012 entitled 'Progress on equality between women and men in 2011' (SWD(2012) 85 final).
(6)'Women on the Board Pledge for Europe', IP/11/242.
(7)COM(2010)0078 final.
(8)COM(2010)0491 final.
(9)OJ C 33 E, 5.2.2013, p. 134.
(10)OJ C 251 E, 31.8.2013, p. 1.
(11)COM(2010) 2020 final.
(12)Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1).
(13)Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises, even if they are listed companies (OJ L 124, 20.5.2003, p. 36).
(14)Commission Directive 2006/111/EC of 16 November 2006 on the transparency of financial relations between Member States and public undertakings, as well as on financial transparency within certain undertakings (OJ L 318, 17.11.2006, p. 17).
(15)Case C-450/93 Kalanke [1995] ECR I-3051; Case C-409/95 Marschall [1997] ECR I‑6363; Case C-158/97 Badeck [2000] ECR I-1875; Case C-407/98 Abrahamsson [2000] ECR I-5539.
(16)OJ C 369, 17.12.2011, p. 14.
(17)Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23).


Key information documents for investment products ***I
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Text
Consolidated text
Amendments adopted by the European Parliament on 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council on key information documents for investment products (COM(2012)0352 – C7-0179/2012 – 2012/0169(COD))(1)
P7_TA(2013)0489A7-0368/2013

(Ordinary legislative procedure: first reading)

[Amendment No 1]

AMENDMENTS BY THE EUROPEAN PARLIAMENT(2)
P7_TA(2013)0489A7-0368/2013
to the Commission proposal
P7_TA(2013)0489A7-0368/2013
---------------------------------------------------------
P7_TA(2013)0489A7-0368/2013

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on key information documents for investment products
(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Central Bank(3),

Having regard to the opinion of the European Economic and Social Committee(4),

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)  Retail investors are increasingly offered a wide variety of different types of investment products when they consider making an investment. These products may provide specific investment solutions tailored to the needs of retail investors, but are frequently complex and difficult to understand. Existing disclosures to investors for such investment products are uncoordinated and often fail to aid retail investors compare between the different products, to understand their features, or to improve such investors' financial education. As a consequence, retail investors have often made investments with risks and costs that were not fully understood by those investors, and have thereby on occasion suffered unforeseen losses.

(2)  Improving provisions on transparency of investment products offered to retail investors is an important investor protection measure and a precondition for rebuilding confidence of retail investors in the financial market, in particular in the aftermath of the financial crisis. First steps in this direction have been already been taken at Union level through the development of the key investor information regime established in Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS).

(3)  Different rules that vary according to the industry that offers the investment products and national regulation in this area create an un-level playing field between different products and distribution channels, erecting additional barriers to a Single Market in financial services and products. Member States have already taken divergent and uncoordinated action to address shortcomings in investor protection measures and it is likely that this development would continue. Divergent approaches to investment product disclosures impede the development of a level playing field between different investment product manufacturers and those selling these products and thus distort competition. It would also create an uneven level of investor protection with the Union. Such divergences represent an obstacle to the establishment and smooth functioning of the Single Market. Consequently, the appropriate legal basis is Article 114 TFEU, as interpreted in accordance with the consistent case law of the Court of Justice of the European Union.

(4)  It is necessary to establish uniform rules at the level of the Union applying across all participants of the investment product market on transparency so as to prevent divergences and reduce costs and uncertainty for product providers and distributors. A Regulation is necessary to ensure that a common standard for key information documents is established in such a uniform fashion so as to be able to harmonise the format and the content of these documents. The directly applicable rules of a Regulation should ensure that all participants in the investment product market are subject to the same requirements. This should also ensure uniform disclosures by preventing divergent national requirements as a result of the transposition of a Directive. The use of a Regulation is also appropriate to ensure that all those selling investment products are subject to uniform requirements in relation to the provision of the key information document to retail investors.

(5)  Whilst improving investment product disclosures is essential in rebuilding the trust of retail investors in the financial markets, effectively regulated sales processes for these products are equally important. This Regulation is complementary to measures on distribution (including investment advice, investor protection measures and other sales services) in Directive 2004/39/EC of the European Parliament and the Council(5). It is also complementary to measures taken on the distribution of insurance product in Directive 2002/92/EC of the European Parliament and of the Council(6).

(6)  This Regulation should apply to all products and underlying investments regardless of their form or construction that are manufactured by the financial services industry to provide investment opportunities to retail investors, where the return offered to the investor is exposed to the performance of one or more assets or reference values ▌. This should include investment products such as investment funds and life insurance policies and the investments underlying those investment funds and life insurance policies, and retail ▌products including assets that are held directly, such as sovereign bonds or shares that are offered to the public or admitted to trading on a regulated market situated or operating within a Member State. Retail packaged structured products intercede between the investor and the markets through a process of "packaging", wrapping or bundling together assets so as to create different exposures, provide different product features, or achieve different cost structures as compared with a direct holding. Such "packaging" can allow retail investors to engage in investment strategies that would otherwise be inaccessible or impractical, but can also require additional information to be made available, in particular to enable comparisons between different ways of packaging investments and to ensure that retail investors are able to understand the key features and risks of retail investment products.

(6a)  This Regulation should also apply to shares or units of special purpose vehicles and holding companies which an investment product manufacturer may devise with a view to circumventing this Regulation.

(6b)   Packaged investment products should provide clear benefits for retail investors, such as spreading investment risks to many different economic sectors or many underlying assets. However, packaging techniques can also be used to create features of investment products, which aim at misleading consumers, when they make their investment decision. Certain products with “teaser rates” play on behavioural biases of retail investors, in this case on their preference for immediate attractive returns. The use of product names implying greater safety than is possible plays on the behavioural biases of consumers in a comparable way, addressing their aversion to risk. Consequently, such packaging techniques create a risk that the investor will focus strongly on immediate financial benefits without fully realising the related future risks. This Regulation should aim at avoiding packaging features which exploit biases in the decision making of investors, in order to promote transparency and a better understanding of risks linked to packaged retail investment products.

(7)  Insurance products that do not offer investment opportunities ▌ should ▌be excluded from the scope of the Regulation. ▌Since the focus of this Regulation is on improving the comparability and comprehensibility of information about investment products being marketed to retail investors, ▌occupational pension products and individual pension products should be excluded from the scope of this Regulation, provided that a financial contribution from the employer is required by national law and provided that the employer or the employee has no choice as to the pension product provider. Investment funds dedicated to institutional investors are not within the scope of this Regulation either since they are not for sale to retail investors. However, investment products with the purpose of accumulating savings for individual pensions should remain in scope because they often compete with the other products under this Regulation and are distributed in a similar way to the retail investor.

(8)  In order to provide clarity on the relationship between the obligations established by this Regulation and obligations established by Directive 2003/71/EC of the European Parliament and the Council(7) and by Directive 2009/138/EC of the European Parliament and of the Council(8), it is necessary to establish that those Directives are complementary to this Regulation. In particular, the key information document should incorporate the summary that provides key information as referred to in Article 5(2) in Directive 2003/71/EC following a review of this Regulation.

(8a)  Investment product manufacturers should ensure that the investment product they structure is compatible with the profile of the targeted retail investors. They should therefore set up a prior product approval process to ensure that their investment products do not expose retail investors to underlying assets the risk and reward profile of which is not easily understandable.

(8b)  The competent authorities and the European supervisory authorities (ESAs) should be provided, upon request, with all necessary information to verify the contents of the key information documents, to assess compliance with this Regulation and to ensure the protection of clients and investors in financial markets. The powers of the European Banking Authority (EBA) and the European Insurance and Occupational Pensions Authority (EIOPA) should be aligned in a consistent manner with those of the European Securities and Markets Authority (ESMA) under Directive of the European Parliament and of the Council on markets in financial instruments repealing Directive 2004/39/EC of the European Parliament and the Council [MIFIR].

(9)  Investment product manufacturers – such as fund managers, insurance undertakings, issuers of securities, credit institutions or investment firms – should draw up the key information document for the investment products they manufacture, as they are in the best position to know the product and are responsible for it. Investment product manufacturers should make the key information document available to the persons selling the investment product. The key information document should be drawn up by the investment product manufacturer, and the annex (including fees), by the person selling the investment product before the products can be sold to retail investors. However, where a product is not sold to retail investors, there is no necessity to draw up a key information document, and where it is impractical for the investment product manufacturer to draw up the key information document, this may be delegated to others. Where the drawing up of the key information document is delegated wholly or partially to third parties, the investment product manufacturer should retain general responsibility for its drawing up and content. In order to ensure widespread dissemination and availability of key information documents, this Regulation should allow for publication by the investment product manufacturer by means of a website of their choice.

(10)  To meet the needs of retail investors, it is necessary to ensure that information on investment products is accurate, fair, clear and not misleading for those investors. This Regulation should therefore lay down common standards for the drafting of the key information document, in order to ensure that it is understandable by retail investors. Given the difficulties many retail investors have in understanding specialist financial terminology, particular attention should be paid to the vocabulary and style of writing used in the document. Rules should also be laid down on the language in which it should be drawn up. The calculations of the costs that may arise should also be explained in an understandable manner. Furthermore, retail investors should be able to understand the key information document on its own without referring to other information. However, this should not preclude the use of cross-references within the key information document to other documents where additional information can be found that might be of interest to some retail investors.

(11)  Retail investors should be provided with the information necessary for them to take an informed investment decision and compare different investment products, but unless the information is short and concise there is a risk they will not use it. The key information document should therefore ▌ contain only key information, notably as regards the nature and features of the product, including whether it is possible to lose capital, the costs,and the risk reward profile, in the form of a summary indicator, of the product, and its underlying investment, as well as relevant performance information, and certain other specific information which may be necessary for understanding the features of individual types of products, including those intended to be used for retirement planning. The Commission should consider the opportunity for the European public credit rating agency referred to in the Position of the European Parliament adopted at first reading on 16 January 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending Regulation (EC) No 1060/2009 on credit rating agencies(9) to provide key information on the risk profile related to sovereign bonds issued by Member States.

(11a)  Investors should be provided with a clear idea of what costs and fees will be incurred in their investment, not only at the point of transaction, but over a period of investment. Fees should be fully disclosed in compound, cumulative terms, as well as in monetary terms. Charges for advice should be calculated in a simpler way to make it easier for the investor to understand what it will cost them.

(11b)  EBA, EIOPA and ESMA should develop an online fund analyser which would allow investors to calculate the end value of their investment after fees and costs have been taken into account.

(12)  The key information document should be drawn up in a format which allows retail investors to compare different investment products, since consumer behaviours and capabilities are such that the format, presentation and content of information must be carefully designed and drafted to maximise engagement with the key information document and so to enhance financial education, understanding and the use of information. The same order of items and headings for these items should be followed for each document. In addition, the details of the information to be included in the key information document for different products and the presentation of this information should be further harmonised through delegated acts that take into account existing and on-going research on consumer behaviour, including results from testing the effectiveness of different ways of presenting information with consumers. In addition, some investment products give the retail investor a choice between multiple underlying investments and may have costs and charges that depend upon the customer's personal characteristics, such as their age or on their chosen investment amount. Those products should be taken into account when drawing up the format.

(12a)  A complexity label for complex products which appear to be unsuitable for retail investors should appear at the top of the key information document. This extra layer of transparency will help consumers make an informed decision about the level of risk they are taking and help avoid the mis-selling of products.

(13)  Increasingly retail investors are not only seeking financial returns with their investment decisions. Often they also pursue other purposes such as social or environmental goals. In addition, information about non-financial aspects of investments can be important for those seeking to make sustainable, long-term investments. However, information on social, environmental or governance outcomes being sought by the investment product manufacturer can be difficult to compare or may be absent. Therefore, it is desirable to further harmonise the details of the information on whether environmental, social or governance issues have been taken into account, and if so in what ways.

(14)  The key information document should be clearly distinguishable and separated from any marketing communications. Its significance should not be diminished by those other documents. The retail investor should confirm receipt.

(15)  In order to ensure that the key information document contains reliable information, this Regulation should require investment product manufacturers and persons selling investment products to keep the key information document up to date. The entity providing or selling the key information document should also keep the information provided to the retail investment up to date. To this end, it is necessary that detailed rules relating to the conditions and frequency of the review of the information and the revision of the key information document and its annex are laid down in a delegated act to be adopted by the Commission. The key information document and all its updates should be communicated to the competent authority.

(16)  Key information documents are the foundation for investment decisions by retail investors. For this reason, investment product manufacturers and persons selling investment products have an important responsibility towards retail investors in ensuring that they comply with the rules of this Regulation. It is therefore important to ensure that retail investors who relied on a key investor document for their investment decision have an effective right of redress. It should also be ensured that all retail investors across the Union have the same right to seek compensation for damages they may suffer due to failures on the part of investment product manufacturers in complying with the requirements set out in this Regulation. Therefore, rules regarding the liability of the investment product manufacturers should be harmonised. Also, a harmonised approach to penalties should be introduced in order to ensure consistency. This Regulation should establish that the retail investor should be able to hold the product manufacturer liable for an infringement of this Regulation in case a loss is caused through the use of the key information document that was misleading, inaccurate or inconsistent with the prospectus or, where no prospectus is prepared, the terms and conditions of the product.

(17)  As retail investors in general do not have close insight as to the internal procedures of investment product manufacturers, ▌ the retail investor should not bear the burden of proof . The retail investor should indicate in what respect he considers that the key information document does not comply with the requirements of this Regulation. It should then be incumbent upon the product manufacturer to respond to the claim.

(18)  The civil liability of an investment product manufacturer which is not covered by this Regulation should be governed by the applicable national law determined by the relevant rules of International Private Law. The competent court to decide on a claim for civil liability brought by a retail investor should be determined by the relevant rules on International Jurisdiction.

(19)  So that the retail investor is able to take an informed investment decision, persons selling investment products should be required to provide the key information document in good time before any transaction is concluded. The investor should provide a signature, in writing or electronically, to demonstrate that they have received the key information document. This requirement should ▌apply irrespective of where or how the transaction takes place. Persons advising on or selling include both distributors and the investment product manufacturer themselves where they choose to advise on or selling the product directly to retail investors. This Regulation is without prejudice to the Directive 2002/65/EC of the European Parliament and the Council(10). Where possible, investors should be provided with a "cooling-off period" during which they may decide to cancel the transaction.

(20)  Uniform rules should be laid down in order to give the person selling the investment product a certain choice with regard to the medium in which the key information document is provided to retail investors allowing for use of electronic communications where it is appropriate having regard to the circumstances of the transaction. However, the retail investor should be given the option to receive it on paper. In the interest of consumer access to information, the key information document should always be provided free of charge.

(21)  To ensure the trust of retail investors in investment products and in financial markets as a whole, requirements should be established for appropriate internal procedures which ensure that retail investors receive a substantive response from the investment product manufacturer to complaints.

(21a)  Although improving investment product disclosures is essential to rebuilding the trust of retail investors in the financial markets, product design rules are equally important to ensure effective retail investor protection. Imperfect advice from financial advisors, bias in decision-making and evidence that financial behaviour depends primarily on psychological attributes give rise to issues that need to be addressed through curbing complexity in the packaging of investment products.

(22)  Procedures for alternative dispute resolution allow for a quicker and less expensive settlement of disputes than the courts and lighten the burden on the court system. For that purpose investment product manufacturers and the persons selling investment products should be under an obligation to participate in those procedures initiated by retailed investors concerning the rights and obligations established by this Regulation, subject to certain safeguards in conformity with the principle of effective judicial protection. In particular, the procedures for alternative dispute resolution should not infringe the rights which the parties to such procedures have to bring legal proceedings before the courts. Directive 2013/11/EU of the European Parliament and of the Council(11) should apply to disputes under this Regulation.

(23)  As the key information document should be produced for investment products by entities operating in the banking, insurance, securities and fund sectors of the financial markets, it is of utmost importance to ensure a smooth co-operation between the various authorities supervising investment product manufacturers so that they have a common approach to the application of this Regulation.

(23a)  The increase of powers and competences allocated to the Union and national supervisory authorities should be facilitated through sufficient staff resources and appropriate financial means.

(24)  In line with the Commission Communication of December 2010 on reinforcing sanctioning regimes in the financial sector and in order to ensure that the requirements set out in this Regulation are fulfilled, it is important that Member States take necessary steps to ensure that breaches of this Regulation are subject to appropriate administrative sanctions and measures. In order to ensure that sanctions have a dissuasive effect and to strengthen investors' protection by warning them about investment products marketed in breach of this Regulation, sanctions and measures should ▌be published ▌.

(25)  In order to fulfil the objectives of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of specifying details with regard to the presentation and the format of the key information document, on the content of the information to be included in the key information document, detailed requirements with regard to the timing for provision of the key information document as well as in relation to its revision and review. It is of particular importance that the Commission carry out appropriate consultations and consumer testing during its preparatory work. 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.

(26)  The Commission should adopt draft regulatory technical standards developed by ESMA, EBA and EIOPA according to Article 8 regarding the methodology underpinning the presentation of risk and reward and the calculation of costs and environmental social or governance criteria by the means of delegated acts pursuant to Article 290 of the Treaty on the Functioning of the European Union and in accordance with the respective Articles 10 to 14 of the Regulations (EU) No 1093/2010, 1094/2010 and 1095/2010 of the European Parliament and of the Council(12).

(27)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data governs the processing of personal data carried out in the Member States in the context of this Regulation and under the supervision of the competent authorities. Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the EU institutions and bodies and on the free movement of such data, governs the processing of personal data carried out by the ESAs pursuant to this Regulation and under the supervision of the European Data Protection Supervisor. Any processing of personal data carried out within the framework of this Regulation, such as the exchange or transmission of personal data by the competent authorities should be in accordance with Directive 95/46/EC and any exchange or transmission of information by the ESAs should be in accordance with Regulation (EC) No 45/2001.

(28)  While UCITS are investment products within the meaning of this Regulation, the recent establishment of the key investor information requirements under Directive 2009/65/EC means that it would be proportionate to provide to such UCITS a transitional period of 5 years after the entry into force of this Regulation during which time they would not be subject to this Regulation. Following this period they would become subject to this Regulation in the absence of any extension of this transitional period. The same exemption should also apply to non-UCITS funds when these are already required under national laws to establish a key investor information document according to the format and content defined in Articles 78 to 81 of Directive 2009/65/EC.

(29)  A review of this Regulation should be carried out four years after the entry into force of this Regulation in order to take account of market developments, such as the emergence of new types of investment products, as well as developments in other areas of Union law and the experiences of Member States. The review should assess whether the measures introduced have improved the average retail investors' protection and understanding of investment products, their financial education and the comparability of the products. It should also consider whether the transitional period applying to UCITS should be extended, or whether other options for the treatment of UCITS might be considered. On the basis of the review, the Commission should submit a report to the European Parliament and the Council accompanied, if appropriate, by legislative proposals.

(30)  In order to give investment product manufacturers and persons selling investment products sufficient time to prepare for the practical application of the requirements of this Regulation, the requirements of this Regulation should not become applicable until two years after the entry into force of this Regulation. This Regulation should not apply to transactions which have taken place in the past.

(31)  This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of the Fundamental Rights of the European Union.

(32)  Since the objective of this Regulation, namely to enhance retail investors' protection and improve their confidence in investment products and to address identified weaknesses, including where those products are sold cross-border, cannot be sufficiently achieved by the Member States acting independently of one another, ▌but can rather, by reason of its effects, be better achieved at Union level, the Union may adopt measures, in accordance with principle of subsidiarity as set out in Article 5 of the Treaty of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

This Regulation lays down uniform rules on the format and content of the key information document to be drawn up exclusively by the investment product manufacturers, on the annex to the key information document, which shall be drawn up, where necessary, by the persons selling investment products, on the information to be provided to retail investors by the persons selling investment products in accordance with [MiFID] and Directive of the European Parliament and of the council on insurance mediation [IMD] and on uniform rules on the provision of those documents to retail investors. It aims to enable retail investors to understand and compare the key features and risks of investment product and allocates responsibility to the product manufacturer for the key information document and to the persons selling investment products for the annex.

Article 2

This Regulation shall apply to the manufacturing and selling of investment products.

However, it shall not apply to the following products:

(a)  insurance products which do not offer a surrender value ▌;

(b)  deposits other than structured deposits as defined in Article 4 of [MiFID];

(c)  securities referred to in points (b) to (g), (i) and (j) of Article 1(2) of Directive 2003/71/EC;

(d)  other securities which do not embed a derivative, with the exception of corporate bonds and instruments issued by special purpose vehicles (SPVs);

(e)  officially recognised occupational pension schemes ▌and individual pension products for which a financial contribution from the employer is required by national law and where the employee has no choice as to the provider;

(f)  officially recognised social security schemes subject to national or Union law.

Article 3

1.  Where investment product manufacturers subject to this Regulation are also subject to Directive 2003/71/EC, this Regulation and Directive 2003/71/EC with the exception of its Article 4(2)(h)(v) thereof, shall both apply.

2.  Where investment product manufacturers subject to this Regulation are also subject to Directive 2009/138/EC, this Regulation and Directive 2009/138/EC shall both apply.

Article 4

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

(a)  'investment product' means a product through which a person can make a financial investment , regardless of the legal form and regardless whether the amount repayable is fixed or variable, including where an investment product is obtained through the direct holding of financial instruments, vehicles or holdings;

(b)  'investment product manufacturer' means:

(i)  any natural or legal person who originally manufactures an investment product;

(ii)  any natural or legal person who makes changes to an existing investment product by altering its risk and reward profile or the costs associated with an investment in the investment product;

(iia)  the issuer of transferable securities offered to the public or admitted to trading on a regulated market pursuant to the provisions of Directive 2003/71/EC and directly held by the retail investors.

(ba)   "person selling investment products" means a person advising, marketing, distributing or selling investment products to a retail investor, a distributor or a person acting as an intermediary for an investment by a retail investor;

(c)  'retail investors' means:

(i)  retail clients as defined in ▌ [reference to MIFID/MIFIR];

ii)  customers who are not professional customers as defined in [Annex I of IMD] [...];

(d)  'pension products' means products which under national law are recognised as having the primary purpose of providing the retail investor an income in retirement, and which entitles the retail investor to certain benefits;

(e)  'durable medium' means a durable medium as defined in Article 2(m) of Directive 2009/65/EC;

(f)  'competent authorities' means the national authorities of Member States, legally empowered to supervise the investment product manufacturer or a person selling an investment product to a retail investor.

CHAPTER II

KEY INFORMATION DOCUMENT

Section 1

Drawing up The key information document

Article 5

The investment product manufacturer shall draw up a key information document in accordance with the requirements laid down in this Regulation and for each investment product it produces and shall publish the key information document, together with the prospectus, where relevant, on its website and on a single website to be created by the relevant ESA and the relevant national supervisory authority before the investment product can be distributed in the market and sold to retail investors.

The key information document shall be completed by an annex, where appropriate. The person selling the investment product shall complete the key information document by drawing up and annex thereto. The document and its annex shall also be available in paper form.

The investment product manufacturer shall be responsible for the contents of the key information document, the person selling the product shall be responsible for the annex and for passing the document on to the retail investor, and the person selling the product shall be responsible for the annex and for passing the document on to the retail investor.

Article 5a

Product approval process

1.  An investment product manufacturer shall ensure that appropriate procedures and policies provide for a balanced consideration of the interests of retail investors, clients and the beneficiaries of such investment product during the development of the investment product, and that the investment product is demonstrably the result of such a balanced consideration.

2.  Before drawing up a key information document in accordance with Article 5 the product manufacturer shall assess the compatibility of the investment product with the interests of retail investors by establishing a documented product approval process.

3.  The product approval process shall ensure that each investment product meets the needs of an identified consumer group and that the product manufacturer has undertaken an assessment of all likely risks relevant for the needs of the identified consumer group. Such an assessment shall include stress testing of the investment product.

4.  The product approval process shall ensure that investment products that are already available on the market are regularly reviewed in order to ensure that the product continues to be compatible with the interests of the identified consumer group.

5.  The product approval process shall be reviewed annually. The investment product manufacturer shall at all times be able to provide the relevant competent authority with an up-to-date and detailed description of the nature and the details of the product approval process.

Section II

Form and content of the key information document

Article 6

1.  The key information document shall be accurate, fair, clear and not misleading. The key information document shall not contain any product advertisements, marketing material, personal endorsements or recommendation to invest.

2.  The key information document shall be a stand-alone document, clearly separate from, but not inferior to, marketing materials. It may contain cross-references to other documents such as a prospectus, where the cross-reference is to information that is additional to the information required to be included in the key information document by this Regulation. It shall not contain cross-references to marketing material.

2a.  Where an investment product provides a retail investor with options in relation to the investment term, choice of benefits or payment amounts or offers a range of underlying investments they can choose from, or where elements of the information in the key information document can vary and depend upon factors specific to an individual retail client, the information required by Article 8(2) may be presented in generic terms and as representative examples. Where this situation arises, the key information document shall clearly indicate in which documents more specific information will be provided.

2b.  The key information document shall clearly specify where and how to obtain additional information about the proposed investment, including where and how a prospectus can be obtained. A prospectus shall be made available on request and free of charge at any time, and in the language in which such information is available to retail investors.

3.  The key information document shall be drawn up as a short document written in a concise manner of a maximum of two double-sided A4 pages and an annex which promotes comparability and is:

(a)  presented and laid out in a way that is easy to read, using characters of readable size;

(aa)  focused on the key information that retail investors need;

(b)  clearly expressed and written in language and a style that communicate in a way that facilitates the understanding of the information by the retail investors at whom it is targeted, in particular, in language that is clear, succinct and comprehensible.

4.  Where colours are used in the key information document, they shall not diminish the comprehensibility of the information if the key information document is printed or photocopied in black and white.

5.  Where the corporate branding or logo of the investment product manufacturer or the group to which it belongs is used in the key information document, it shall not distract the retail investor from the information contained in the document or obscure the text.

Article 7

The key information document shall be written in the official languages, or in one of the official languages used in the part of the Member State where the investment product is distributed, or in another language accepted by the competent authorities of that Member State, or where it has been written in a different language, it shall be translated into one of these languages.

Article 7a

Where the key information document concerns an insurance contract, the insurance undertaking has obligations under this Regulation only towards the policyholder and not towards the beneficiary or insured.

Article 8

1.  The title ‘Key Information Document’ shall appear prominently at the top of the first page of the key information document. The key information document other than the annex thereto shall be produced by one party. The key information document shall carry the name of the product manufacturer responsible for drawing up the key information document and shall clearly state that the product manufacturer is liable for its contents. The annex shall similarly be produced by the person selling and shall state the name of the person or entity and clearly declare that it is liable for the contents of the annex.

The key information document shall be presented in the sequence set out in the following paragraphs.

An explanatory statement shall appear directly underneath the title. It shall read:"

You are preparing to buy an investment product.

This document provides you with key information to help you understand the features, risks, costs, potential gains and losses associated to it and in its annex the fee paid to the person selling.

This document is required by law, is not marketing material and is in a standard format to allow comparison.’

"

2.  The key information document shall contain the following information:

(a)  ▌the name of the investment product and identity of the investment product manufacturer, and holder of legal liability for the document (name and address);

(b)  under a section titled "What is this investment?", the nature and main features of the investment product, including

(i)  the type of the investment product;

(ii)  its objectives and the means for achieving them;

(iia)   information about the intended consumer group of the product including a description in simple terms of the types of investors for whom the investment product is intended, in terms of risk appetite, investment horizon and financial knowledge which is based on the product approval process which the product manufacturer has carried out when structuring the investment product;

(iii)  a notification whether or not the investment product ▌targets specific environmental, social or governance outcomes, including but not limited to reducing the carbon footprint, how these are measured and whether or not the product is an investment linked to the production of goods and services, as opposed to solely operations on the financial markets or a synthetic index;

(iiia)  the breakdown of the underlying asset portfolio by economic sector directly or indirectly financed;

(c)  under a section titled "What decisions do I have to make?", information about the various decisions a retail investor must make, e.g. fund choice, term, size of premium, including what other benefits or benefit triggers are available;

(d)  under a section titled ▌"What are the risks and what might I get back in return?" having regard to the ▌ market evolution it targets:

(i)   the risk and reward profile of the investment product, including a summary indicator consisting of a clear and easily understandable visualisation of the risk and reward profile of the investment product;

(ii)   indicative future net performance scenarios, accompanied by a narrative explanation of the key risks of the product to put the profile into context; the description of the risks should be clear and easy to understand;

(iii)  for pension products, under a sub-section titled "What might I get when I retire?", projections of possible future outcomes explicitly subdivided into various development scenarios, including the worst-case scenario.

The relevant European Supervisory Authority (ESA) shall develop draft regulatory technical standards laying down the precise definition of a limited range of risk categories and the standards for the visualisation of the summary indicator.

It shall submit those draft regulatory technical standards to the Commission by ...

Power is delegated to the Commission to adopt the regulatory technical standards referred to in the second subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.

(e)  under a section titled "What can happen with my investment? Are there backstops and what do they cost?" a clear indication of whether loss of capital is possible

(i)  any guarantees and/or capital protection provided, as well as any limitation to these, the aggregated amount including the identity of the possessor of such liability;

(ii)   whether the investment product is covered by a compensation or guarantee scheme, and if so, which scheme, the name of the guarantor and which risks are covered by the scheme and which are not;

(iii)  under a sub-section ‘Am I protected by insurance?’, a clear notification as to whether or not the investment product comprises insurance and if so information about such insurance cover;

(iv)  if relevant, other protective measures such as fund depositary, including the identity and function of the parties involved;

(ea)  under a sub-section entitled: "What happens if the investment product manufacturer or seller default?", a brief description of the maximum loss for the retail investor and reference to whether the loss can be recovered by a retail investor compensation or guarantee scheme;

(eb)  under a section titled "What happens if/when I die?", information about what happens to the money held by the product/funds and any additional death benefit;

(f)  under a section titled "What are the costs?", the total costs associated with an investment in the investment product, comprising all direct and indirect costs to be borne by the investor, including summary indicators of these costs, including:

(i)  entry, on-going and exit costs to be borne by the retail investor, as well as premium payment terms and flexibility, making a clear distinction between matters that are the responsibility of the product manufacturer and those that are the responsibility of the persons selling investment products, including summary indicators of those costs;

(ii)  all annual charges and other payments taken from the product over a defined period, including any variable charges (such as transaction costs, stock exchange taxes), which cannot be included in the calculations of costs.

The costs and deductions shall be indicated in a way that shows their compound cumulative effect on the investment over representative periods of investment; and, for comparability reasons, total costs expressed in monetary examples and percentage terms, to show the effects of the total costs on the investment.

If the investment product has a margin cap for possible returns which reduces the net return to the retail investor by giving the manufacturer all profit above the cap, this should be clearly disclosed.

Information shall be provided on how to access the independent online fund calculator operated by the relevant ESA;

(h)  under a section "Can I take money out ?":

(i)  the possibility of a cooling off for the investment product.

(ii)   an indication of the recommended or required minimum holding period,

(iii)  the possibility and conditions for any disinvestments before maturity, having regard to the risk and reward profile of the investment product and the market evolution it targets;

(iv)   information about the potential consequences of cashing in before the end of the term or recommended holding period;

(v)   an indication of the average investment horizon of the underlying asset portfolio, based on the average turnover of securities held for trading and the average maturity of debt securities held to maturity.

(ha)   under a section titled "How will I know how my product is doing?", a statement that the manufacturer will transparently inform the customer through a yearly document about the achievement of the investment product. This document shall contain an ex-post disclosure of the investment product's return in the past year. Furthermore, this ex-post return shall be compared to a different investment product with a comparable risk profile. If the customer owns several investment products of a certain manufacturer and covered by this regulation, the aforementioned disclosure and comparison shall by applied to the whole portfolio. Any cost affecting the yield of the investment product shall also be disclosed.

(hb)   under a section titled "How can I complain?", information about how and to whom a client can make a complaint about the product and its administration;

(hc)  under a section titled "What are the other legal documents related to this product", a brief description of documentation (including a prospectus, where relevant) and excluding any marketing material;

(hd)   at a section near the end of the document, a new heading entitled "Information about the product", which states, where applicable, the product's:

(i)  international securities identification number (ISIN);

(ii)  international standards on auditing (ISA) number;

(iii)  interest rate;

(iv)  stock exchange linked to the product;

(v)  currency; and

(vi)  issue date.

(he)  name and contact details of the competent authority which regulates the product;

(hf)  under a section titled "Insurance benefits", an indication if the investment product offers insurance benefits and if so, details of these insurance benefits, in accordance with Directive 2009/138/EC, save for Article 8(2) thereof. Where the contract gives a choice between several unit linked life insurances, it shall also include a summary table classifying these units in three categories, according to their riskiness.

Having regard to Directive 2009/138/EC and in accordance with Article 8 of this Regulation, EIOPA shall be empowered to determine:

(i)  the main features of the insurance contract;

(ii)  the exact form of the specific insurance document;

(iii)  the content of the specific insurance document, including the asset allocation options offered to the retail investor;

(iv)  the rules to classify the units in three categories.

The investment product manufacturer shall distribute a key information document for each underlying investment of insurance contracts eligible to this Regulation. The underlying investments include the units of account and/or the currency-denominated funds if relevant and the category of riskiness attached to each of them.

3.  The annex to the key information document shall disclose the identity of the person selling investment products and also, where applicable, shall specify:

(a)  an indication that national tax legislation of the investor's home Member State may have a significant impact on the expected and actual return of investment;

(b)  the costs related to the investment product when he is the intermediary, including the commissions, retrocessions or other benefits related to the transaction paid by the manufacturer or a third party, as provided for in Directive 2004/39/EC and in Directive 2002/39/EC(13).

3a.  The relevant ESA shall develop an independent online fund calculator which will be included on its website. The fund calculator shall allow investors to compute the reward of a proposed retail investment product by entering information on the expected duration of the investment, the amount of the investment, and the assumed underlying investment return in percentage terms in order to determine the end value of the investment after costs.

The fund calculator shall include in its calculation the costs and fees charged by the various investment product manufacturers for any fund sold to the public, together with any further costs or fees charged by intermediaries or other parts of the investment chain, not already included by the product manufacturers.

Investment product manufacturers and persons recommending or selling investment products shall be required to submit relevant data to the relevant ESA on a quarterly basis, with a maximum delay of 60 days for that purpose.

The relevant ESA shall be provided with the resources with which to carry out this work. It shall work closely with the other ESAs where necessary.

4.  The information referred to in paragraph 2 shall be presented in a common format including the common headings and following the standardised order set out in paragraph 2, so as to allow for comparison with the key information document for any other investment product and prominently display a common symbol to distinguish the document from other documents.

5.  The Commission shall be empowered to adopt delegated acts in accordance with Article 23 specifying the details of the presentation and the content of each of the elements of information referred to in paragraph 2, including the effect of introducing risk indicators, and in paragraph 3(a), the presentation and details of the other information the product manufacturer and the person selling investment products may include within the key information document as referred to in paragraph 3, and the details of the common format and the common symbol referred to in paragraph 4. The Commission shall take into account the differences between investment products and the capabilities of retail investors as well as the features of investment products that allow the retail investor to select between different underlying investments or other options provided for by the product, including where this selection can be undertaken at different points in time, or changed in the future.

The Commission shall also be empowered to adopt delegated acts laying down guidelines for the development of Union criteria for social and environmental investment products. Those criteria should support long-term financing economy and promote sustainable environmental and social development in financial investments and promote the establishment of a Union-wide label for sustainable investment. The Commission shall also be empowered to adopt delegated acts laying to define the standards for those environmental notifications on the possible environmental risks.

Before adopting the delegated acts set out in this paragraph, the Commission shall conduct consumer testing in order to select the most appropriate measures for retail investors. The Commission in close cooperation with the ESAs shall also draw up sample key information documents that take into account the differences between investment products.

6.  ▌ EBA), ▌EIOPA and the ▌ESMA shall develop draft regulatory standards to determine:

(a)  the methodology underpinning the presentation of risk and reward profiles as referred to in point (e) of paragraph 2 of this Article;

(b)  the calculation of costs, including the specification of summary indicators, as referred to in point (f) of paragraph 2 of this Article;

(ba)  the principles to be used for environmental, social or governance outcomes as referred to in paragraph 2(b)(iii);

(bb)  in relation to each of the questions referred to in this Article, the list of products to which they apply.

The draft regulatory technical standards shall take into account the different types of investment products and the work already performed under [MiFID], [IMD], Directive 2003/71/EC, Directive 2009/138/EC and Directive 2009/65/EC introducing a key investor information document for UCITS.

The ESAs shall submit those draft regulatory technical standards to the Commission by […].

Power is conferred on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with the procedure set out in Articles 10 to 14 of Regulation (EU) No 1093/2010, Articles 10 to 14 of Regulation (EU) No 1094/2010 and Articles 10 to 14 of Regulation (EU) No 1095/2010.

Article 8a

Complexity label

1.  Investment products exposed to one or more of the risks described in paragraph 2 shall disclose at the top of the first page of the key information document in clearly visible print the following statement:"

"Complexity label: This product is considered to be very complex, and may not be appropriate for all retail investors."

"

2.  Investment products shall be considered not to be aimed at retail investors if one or more of the following conditions are met:

(a)  the risk-reward profile or the costs are presented in an overly complicated manner;

(b)  the product invests in underlying assets not commonly invested in by non-professional investors;

(c)  the risk-reward profile is conditional upon the simultaneous occurrence of two or more events linked to at least two different asset classes;

(d)  a number of different mechanisms are used to calculate the final return on the investment, creating a greater risk of misunderstanding on the part of the retail investor;

(e)  the investment return includes packaging features which take advantage of retail investors´ behavioural biases, such as by offering a "teaser" fixed rate followed by a much higher floating conditional rate, or an iterative formula;

(f)  the global exposure of the financial product, measured by its monthly value-at-risk calculated within a 99 % confidence interval at the time of trade, is above 20 %.

3.  The ESAs shall develop guidelines on the conditions referred to in paragraph 2.

The ESAs shall submit those draft regulatory technical standards to the Commission by ... [6 months after the publication of this Regulation].

Power is conferred on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010.

Article 9

Marketing communications ▌relating to the investment product shall not include any statement that contradicts the information contained in ▌ or diminishes the significance of the key information document. Marketing communications shall inform that a key information document is published on an official website of the competent authority with the direct link. A paper copy may be forwarded upon request to the manufacturer or to the persons selling investment products free of charge.

Article 10

1.  The investment product manufacturer shall review the information contained in the key information document regularly and shall revise the document where the review indicates that material changes need to be made in accordance with Article 8, in particular if materially significant changes have been made to the product and in particular with regard to the appreciation of risks or the creation of value in the investment management and relevant risk in the investment management, and make available promptly the revised version. Such a revision shall include the utilisation of the standards defined in the investment product key information documents which indicate that changes need to be made. This shall be expressed clearly, concisely and comprehensibly in the descriptive part of the annual report and shall include a true and fair summary of the performance of the investment assets, the total aggregated, the costs, the investment management strategies, the creation of value in the investment management and the development of relevant risk in the investment management, including the standards laid down in the investment product key information documents.

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 23 laying down detailed rules for the review of the information contained in the key information document and the revision of the key information document, having regard to the nature of the investment product, as regards:

(a)  the conditions and the frequency for reviewing the information contained in the key information document;

(b)  the conditions under which information contained in the key information document must be revised, and under which it is obligatory or optional to republish and redistribute the revised key information document;

(c)  the specific conditions under which information contained in the key information document must be reviewed or the key information document revised where an investment product is made available to retail investors in a non-continuous manner;

(d)  the circumstances referring to the product itself or the market conditions in which retail investors are to be informed about a revised key information document for an investment product purchased by them.

Article 11

1.  Key investor information is pre-contractual information. It shall therefore be fair, clear and not misleading. It shall provide key information and shall be consistent with any binding contractual documents, with the relevant parts of the offer documents and with the terms and conditions of the investment product. Where an investment product manufacturer has produced a key information document which does not comply with the requirements of this Regulation and on which a retail investor has relied when making an investment decision, such a retail investor may claim from the investment product manufacturer damages for any loss caused to that retail investor through the use of the key information document and may, where appropriate, return the investment product and have losses refunded. Where a person selling investment products has produced an annex to a key information document which does not comply with the requirements of this Regulation and on which a retail investor has relied when making an investment decision, such a retail investor may claim, from the person selling investment products, damages for any loss caused to that retail investor through the use of the annex and may, where appropriate, return the investment product and have losses refunded.

2.  When a retail investor demonstrates a loss and that identified information contained in the key information document was misleading, the investment product manufacturer or the person selling investment products shall prove that the key information document has been drawn up in compliance with Articles 6, 7 and 8 of this Regulation. Civil liability of the investment product manufacturer may arise in such cases on the basis of the key information document, including any translation thereof.

3.  The product manufacturer shall be liable under civil law if a retail investor incurs losses resulting from their reliance on a key information document that failed to meet the requirements under paragraph 1 or 2 above. Such liability shall not be limited or waived by contractual clauses, or by way of approval of the competent authority.

Section III

Provision of the key information document

Article 12

1.  A person selling an investment product to retail investors shall provide them with the key information document drawn up by the investment product manufacturer promptly and in good time before any commitment is entered into relating to the investment product. Where an investment product is recommended to a client, the key information document shall be provided promptly.

1a.  A person shall obtain prior written permission from the investment product manufacturer to distribute their key investor document to the retail investor. Such permission may be given by the investment product manufacturer on an indefinite basis, for a limited period of time, or subject to conditions. Where any specified condition is not met, such permission shall be deemed not to have been granted for the purposes of this paragraph.

1b.  The retail investors shall confirm in writing or electronically that they have received the key information document.

2.  By way of derogation from paragraph 1, and subject to Article 13(5), a person selling an investment product shall provide the retail investor with the official website where the key information document can be found before conclusion of the transaction where:

(a)  the retail investor chooses to conclude the transaction using a means of distance communication;

(b)  the provision of the key information document in accordance with paragraph 1 is not possible; ▌

(ba)   the retail investor asks to receive the key information document straight after the conclusion of the transaction, rather than delaying the transaction in order to receive the document in advance. The person selling or advising on the investment product shall not offer this option before the retail investor requests it;

(c)  ▌the person selling the investment product has informed the retail investor of this fact.

3.  Where successive transactions regarding the same investment product are carried out on behalf of a retail investor in accordance with instructions given by that retail investor to the person selling the investment product prior to the first transaction, the obligation to provide a key information document under paragraph 1 shall only apply to the first transaction, unless the key information document has been updated since the first transaction or a new annual report is available.

4.  The Commission shall be empowered to adopt delegated acts in accordance with Article 23 specifying:

(a)  the conditions for fulfilling the requirement to provide the key information document in good time as laid down in paragraph 1;

(b)  the method and the time limit for the provision of the key information document in accordance with paragraph 2.

Article 13

1.  The person selling an investment product shall provide the key information document before a binding agreement is made with a retail investor and free of charge. A paper copy shall be provided free of charge where the investment recommendation or the intermediary service is provided in person.

2.  The person advising on or selling an investment product, or acting as an intermediary in its sale, shall provide the key information document to the retail investor in one of the following media, which must be genuinely accessible for the retail investor:

(a)  on paper;

(b)  using a durable medium other than paper, where the conditions laid down in paragraph 4 are met; or

(c)  by means of a website where the conditions laid down in paragraph 5 are met.

3.  However, where the key information document is provided using a durable medium other than paper or by means of a website, a paper copy shall be provided to retail investors upon request and free of charge.

4.  The key information document may be provided using a durable medium other than paper if the following conditions are met:

(a)  the use of the durable medium is appropriate in the context of the business conducted between the person advising on or selling an investment, or acting as an intermediary in its sale, product and the retail investor; and

(b)  the retail investor has been given the choice between information on paper and in the durable medium, and has chosen that other medium.

5.  The key information document may be provided by the means of a website if the key information document is addressed personally to the retail investor or if the following conditions are met:

(a)  the provision of the key information document by means of a website is appropriate in the context of the business conducted between the person advising on or selling an investment product, or acting as an intermediary in its sale, and the retail investor;

(b)  the retail investor has consented to the provision of the key information document by means of a website;

(c)  the retail investor has been notified electronically of the address of the website, and the place on the website where the key information document can be accessed;

(d)  where the key information document has been revised in accordance with Article 10 the most recent version shall also be provided to the retail investor; on request of the retail investor, previous versions shall also be provided;

(e)  it is ensured that the key information document remains accessible on the website for such period of time as the retail investor may reasonably need to consult it.

6.  For the purposes of paragraph 4 and 5, the provision of information using a durable medium other than paper or by means of a website shall be regarded as appropriate in the context of the business conducted between the person selling an investment product and the retail investor, if there is evidence that the retail investor has regular access to the Internet. The provision by the retail investor of an e-mail address for the purposes of that business shall be regarded as such evidence.

CHAPTER IIa

PRODUCT INTERVENTION

Article 13a

Intervention powers of the ESAs

1.  In accordance with Article 9(2) of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 or of Regulation (EU) No 1095/2010, the ESAs shall monitor investment products or financial instruments which are marketed, distributed or sold in the Union. The ESAs may investigate new investment products or financial instruments before they are marketed, distributed or sold in the Union in cooperation with the competent authorities.

2.  In accordance with Article 9(5) of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 or of Regulation (EU) No 1095/2010, an ESA may, where it is satisfied on reasonable grounds that the conditions in paragraphs 3 and 4 of this Article are fulfilled, temporarily prohibit or restrict in the Union the marketing, distribution or sale of investment products or financial instruments.

The ESAs may specify in which circumstances a prohibition or restriction is to apply or be subject to exceptions.

3.  An ESA shall only take a decision under paragraph 2 if all of the following conditions are fulfilled:

(a)  the proposed action addresses a significant threat to retail investor protection or to the orderly functioning and integrity of financial markets or to the stability of the whole or part of the financial system in the Union;

(b)  regulatory requirements under Union legislation that are applicable to the relevant investment product, financial instrument or activity do not address the threat;

(c)  a competent authority or competent authorities have not taken action to address the threat or actions that have been taken do not adequately address the threat.

Where the conditions set out in the first subparagraph are fulfilled, an ESA may impose a prohibition or restriction as referred to in paragraph 2.

4.  When taking action under this Article an ESA shall take into account the extent to which the action neither:

(a)  has a detrimental effect on the efficiency of financial markets or on retail investors that is disproportionate to the benefits of the action; nor

(b)  creates a risk of regulatory arbitrage.

Where a competent authority or competent authorities have taken a measure under Article 13b, an ESA may take any of the measures referred to in paragraph 2 without issuing the opinion provided for in Article 13c.

5.  Before deciding to take any action under this Article, an ESA shall notify the competent authorities of the action it proposes.

6.  Before taking a decision under paragraph 2, an ESA shall give notice of its intention to prohibit or restrict an investment product or financial instrument unless certain changes are made to features of the investment product or financial instrument within a specified timescale.

7.  Each ESA shall publish on its website notice of any decision to take any action under this Article. The notice shall specify details of the prohibition or restriction and specify a time after the publication of the notice from which the measures will take effect. A prohibition or restriction shall only apply to action taken after the measures take effect.

8.  The relevant ESAs shall review a prohibition or restriction imposed under paragraph 2 at appropriate intervals and at least every three months. If the prohibition or restriction is not renewed after that three-month period it shall expire.

9.  Action adopted by the ESAs under this Article shall prevail over any previous action taken by a competent authority.

10.  The Commission shall adopt delegated acts in accordance with Article 23 specifying criteria and factors to be taken into account by the ESAs in determining when the threats to retail investor protection or to the orderly functioning and integrity of financial markets and to the stability of the whole or part of the financial system of the Union referred to in paragraph 3(a) arise. Those delegated acts shall ensure that the ESAs are able to act, where appropriate, on a precautionary basis and that they are not be required to wait until the investment product or financial instrument has been marketed, distributed or sold, or the type of activity or practice has been undertaken before taking action.

Article 13b

Product intervention by competent authorities

1.  Investment product manufacturers shall communicate the key information document of their investment product to the competent authority which regulates that product in the Member State where it is marketed, distributed or sold.

2.  Investment product manufacturers shall communicate updates to the key investor document, reflecting materially significant changes as defined by the ESA(s), to the competent authority which regulates that product in the Member State where it is marketed, distributed or sold.

3.  The competent authority may ensure compliance of the content laid down in the key information document with the provisions of the Chapter II of this Regulation prior to the marketing, distribution or sale of the investment product.

4.  The competent authority may investigate new investment products or financial instruments before they are marketed, distributed or sold in or from the Member State.

5.  A competent authority may prohibit or restrict in or from that Member State:

(a)  the marketing, distribution or sale of investment products or financial instruments;

(b)  a type of financial activity or practice.

6.   A competent authority may take the action referred to in paragraph 6 if it is satisfied on reasonable grounds that:

(a)  an investment product, a financial instrument or activity or practice gives rise to significant investor protection concerns or poses a serious threat to the orderly functioning and integrity of financial markets or the stability of whole or part of the financial system within one or more Member States, including through the marketing, distribution, remuneration or provision of inducements related to the investment product or financial instrument;

(b)  a derivative product has a detrimental effect on the price formation mechanism in the underlying market;

(c)  existing regulatory requirements under Union law applicable to the investment product, financial instrument or activity or practice do not sufficiently address the risks referred to in point (a) and the issue would not be better addressed by improved supervision or enforcement of existing requirements;

(d)  the action is proportionate taking into account the nature of the risks identified, the level of sophistication of retail investors or market participants concerned and the likely effect of the action on retail investors and market participants who may hold, use or benefit from the financial instrument or activity;

(e)  the competent authority has properly consulted competent authorities in other Member States that may be significantly affected by the action; and

(f)  the action does not have a discriminatory effect on services or activities provided from another Member State.

Where the conditions set out in the first subparagraph are fulfilled, the competent authority may impose a prohibition or restriction on an investment product or financial instrument marketed, distributed or sold to clients in or from the Member State.

A prohibition or restriction may apply in circumstances, or be subject to exceptions, specified by the competent authority.

7.  Before imposing a prohibition or restriction under paragraph 5, the competent authority shall give notice of its intention to prohibit or restrict an investment product or financial instrument unless certain changes are made to features of the investment product or financial instrument within a specified timescale.

8.  The competent authority shall not impose a prohibition or restriction under this Article unless, not less than one month before it takes the action, it has notified all other competent authorities involved and the ESAs in writing or through another medium agreed between the authorities of details of:

(a)  the financial instrument or activity or practice to which the proposed action relates;

(b)  the precise nature of the proposed prohibition or restriction and when it is intended to take effect; and

(c)  the evidence upon which it has based its decision and upon which is satisfied that each of the conditions in paragraph 6 are met.

9.  Where the time needed to consult in accordance with paragraph 3(e) and the one-month delay provided for in paragraph 8 could cause irreversible damage to consumers, the competent authority may take action under this Article on a provisional basis for a period not exceeding three months. In that case the competent authority shall immediately inform all other authorities and the ESAs of the action taken.

10.  The competent authority shall publish on its website notice of any decision to impose any prohibition or restriction referred to in paragraph 5. The notice shall specify details of the prohibition or restriction, a time after the publication of the notice from which the measures will take effect and the evidence upon which it is satisfied each of the conditions in paragraph 6 are met. The prohibition or restriction shall only apply in relation to actions taken after the publication of the notice.

11.  The competent authority shall revoke a prohibition or restriction if the conditions in paragraph 6 no longer apply.

12.  The Commission shall adopt delegated acts in accordance with Article 23 specifying criteria and factors to be taken into account by competent authorities in determining when the threats to investor protection or to the orderly functioning and integrity of financial markets and to the stability of the whole or part of the financial system of the Union referred to in paragraph 3(a) arise.

Article 13c

Coordination role of the ESAs

1.  Each ESA shall perform a facilitation and coordination role in relation to action taken by competent authorities under Article 13b. In particular each ESA shall ensure that action taken by a competent authority is justified and proportionate and that, where appropriate, a consistent approach is taken by competent authorities.

2.  After receiving notification under Article 13b of any action that is to be imposed under that Article, an ESA shall adopt an opinion on whether it considers the prohibition or restriction is justified and proportionate. If the ESA considers that the taking of a measure by other competent authorities is necessary to address the risk, it shall also state this in its opinion. The opinion shall be published on the ESA's website.

3.  Where a competent authority proposes to take, or takes, action contrary to an opinion adopted by an ESA under paragraph 2 or declines to take action contrary to such an opinion, it shall immediately publish on its website a notice fully explaining its reasons for so doing.

Article 13d

Disclosure of fees and costs

The following information shall be provided by the person selling the investment product on a document separate from the key information document:

1.  All fees referred to in Article 8(2)(c) shall be disclosed cumulatively. They shall not be reclassified as part of the investment when they appear in a lower layer of the investment.

2.  Investment advice charges shall not be based on flat percentage rates, unless prior agreement is obtained by the investor. If a flat percentage rate is agreed, the person selling the investment product shall provide full disclosure of what this will signify over the duration of the investment, or for a time period requested by the investor.

3.  The person selling the investment product, or advising the investor, shall provide the investor with a breakdown of the time spent working on that advice, and this shall be communicated in the form of minutes or hours, against which there shall be an hourly rate, unless a flat percentage rate has been agreed as referred to in paragraph 2.

Article 13e

Risk management

1.  The investment product manufacturer shall employ a risk-management process which enables it to monitor and measure at any time the risk profile of the investment product.

It shall employ a process for accurate and independent assessment of the value of OTC derivatives.

It shall communicate to the competent authorities of its home Member State regularly in regard to the types of derivative instruments, the underlying risks, the quantitative limits and the methods which are chosen in order to estimate the risks associated with transactions in derivative instruments regarding each product.

2.  The investment product manufacturer shall ensure that the investment product's global exposure relating to derivative instruments does not exceed the investment product's total value.

The exposure is calculated taking into account the current value of the underlying assets, the counterparty risk, future market movements and the time available to liquidate the positions.

When transferable securities or money market instruments embed a derivative, the derivative shall be taken into account when complying with the requirements of this Article.

3.  The calculation of the value-at-risk should be carried out in accordance with the following parameters:

(a)  a one-tailed confidence interval of 99 %;

(b)  a holding period equivalent to one month (20 business days); and

(c)  an effective observation period (history) of risk factors of at least three years (750 business days) unless a shorter observation period is justified by a significant increase in price volatility (e.g. due to extreme market conditions).

4.  The ESAs shall develop draft regulatory standards to determine:

(a)  guidelines on risk measurement and the calculation of global exposure of the investment products sold to retail investors;

(b)  guidelines on financial indices.

The ESAs shall submit those draft regulatory technical standards to the Commission by [...].

Power is conferred on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010, of Regulation (EU) 1094/2010 and of Regulation (EU) No 1095/2010.

Article 13f

Payoff rules

1.  The payoff of an investment product shall not:

(a)  include a number of mechanisms, events or asset classes creating a risk of misinterpretation;

(b)  be conditional upon the occurrence of events uncommon for retail investors, such as the level of regulatory capital of a financial institution; or

(c)  include packaging features playing on the behavioural biases of retail investors.

2.  The ESAs shall develop guidelines providing further guidance on the conditions referred to in paragraph 1.

CHAPTER III

COMPLAINTS, REDRESS, COOPERATION

Article 14

The investment product manufacturer and the person selling the investment product shall establish appropriate procedures and arrangements which ensure that:

(a)  retail investors have an effective way of submitting a complaint against the investment product manufacturer and hence a redress procedure;

(b)   retail investors who have submitted a complaint in relation to the key information document or the annex to the key information document receive a substantive reply in a timely and proper manner; and

(c)  effective redress procedures are also available to retail investors in the event of cross-border disputes, in particular where the investment product manufacturer is located in another Member State or in a third country.

Article 15

1.  In accordance with the Directive on alternative dispute resolution for consumer disputes [2011/0373(COD)] and the Regulation on online disputes resolution for consumer disputes [2011/0374(COD)], Member States shall ensure that where a retail investor initiates a procedure for alternative dispute resolution laid down in national law against an investment product manufacturer or a person selling investment products with regard to a dispute concerning rights and obligations established under this Regulation, the investment product manufacturer or the person selling investment products shall participate in that procedure where:

(a)  the procedure results in decisions which may be binding for the investment product manufacturer and the person selling the investment product;

(b)  the limitation period for bringing the dispute before a court is suspended for the duration of the procedure for alternative dispute resolution;

(c)  the period of prescription of the claim is suspended for the duration of the procedure;

(d)  the procedure is free of charge or available for a nominal fee, as specified in national legislation.

1a.  Member States shall ensure that where alternative dispute resolution entities are permitted to establish pre-specified monetary thresholds in order to limit the access to alternative dispute resolution procedures, the thresholds should not be set at a level, where they significantly impair the consumers' access to complaint handling by alternative dispute resolution entities.

2.  Member States shall notify the Commission of the entities with competence to deal with the procedures referred to in paragraph 1 by [insert concrete date 6 months after entry into force/application of this Regulation]. They shall notify the Commission without delay of any subsequent change concerning those entities.

3.  Entities with competence to deal with the procedures referred to in paragraph 1 shall cooperate with each other on the resolution of cross-border disputes arising under this Regulation.

Article 15a

Information about alternative dispute resolutions

1.  Member States shall ensure that investment product manufacturer or a person selling investment product inform the retail investor about the alternative dispute resolution entities by which they are covered and which are competent to deal with potential disputes between themselves and the retail investor. They shall also specify whether or not they commit or are obliged to use these entities to resolve disputes with retail investors.

2.  The information referred to in paragraph 1 shall be mentioned in a clear, comprehensible and easily accessible way on the traders' website, where one exists, and if applicable in the general terms and conditions of sales or service contracts between the trader and a consumer.

3.  Member States shall ensure that, in cases where a dispute between a retail investor and a investment product manufacturer or a person selling investment product in their territory could not be settled further to a complaint submitted directly by the retail investor to the investment product manufacturer or at person selling investment product, the latter provide to the retail investor information referred to in paragraph 1, specifying whether he will make use of the relevant alternative dispute resolution entities to settle the dispute. That information shall be provided on paper or another durable medium.

Article 15b

Collective alternative disputes resolutions

Member States may maintain or introduce alternative disputes resolution procedures dealing jointly with identical or similar disputes between a manufacturer and a person selling investment products and several retail investors. Alternative disputes resolutions systems for both individual end collective disputes and redress are complementary and not mutually exclusive procedures.

Article 16

For the purposes of the application of this Regulation the competent authorities shall cooperate with each other and with the entities responsible for out-of-court complaint and redress procedures referred to in Article 15.

In particular, the competent authorities shall, without undue delay, provide each other with such information as is relevant for the purposes of carrying out their duties under this Regulation.

Article 17

1.  Member States shall apply Directive 95/46/EC to the processing of personal data carried out in that Member State pursuant to this Regulation.

2.  Regulation (EC) No 45/2001 of the European Parliament and of the Council shall apply to the processing of personal data carried out by EBA, EIOPA and ESMA.

CHAPTER IV

ADMINSTRATIVE PENALTIES AND OTHER MEASURES

Article 18

1.  Member States shall lay down rules establishing appropriate administrative penalties and other measures to be applied to situations which constitute a breach of the provisions of this Regulation and shall take all necessary measures to ensure that they are implemented. Those penalties and other measures shall be effective, proportionate and dissuasive.

By [24 months after entry into force of this Regulation] the Member States shall notify the rules referred to in the first subparagraph to the Commission and to the Joint Committee of the ESAs. They shall notify the Commission and the Joint Committee of the ESAswithout delay of any subsequent amendment thereto.

2.  ▌Competent authorities shall have, in accordance with national law, all supervisory powers, including investigatory powers, available to them as necessary to fulfil their duties under this Regulation

2a.  In the exercise of their powers under Article 19, competent authorities shall cooperate closely to ensure that the administrative penalties and other measures produce the desired results of this Regulation and coordinate their action in order to avoid possible duplication and overlap when applying administrative penalties and other measures to cross-border cases.

Article 19

1.  This Article applies to any breaches of this Regulation.

2.  Member States shall ensure that the competent authorities have the power to impose at least the following administrative penalties and other administrative measures ▌:

(a)  an order prohibiting the marketing of an investment product;

(b)  an order suspending the marketing of an investment product;

(c)  a warning, which is made public and which identifies the person responsible and the nature of the breach;

(d)  an order for the publication of a new version of a key information document;

(da)  in the case of a legal person, administrative fines of up to 10% of the total annual turnover of that legal person in the preceding business year; where the legal person is a subsidiary of a parent undertaking, the relevant total annual turnover shall be the total annual turnover resulting from the consolidated account of the ultimate parent undertaking in the preceding business year;

(db)  in the case of a natural person, administrative fines of up to EUR 5 000 000, or in a Member States where the euro is not the official currency, the corresponding value in the national currency on …* [the date of entry into force of this Regulation].

3.  Member States shall ensure that, where the competent authorities have imposed one or more administrative penalties and other measures ▌in accordance with paragraph 2, the competent authorities have the power to issue or require the investment product manufacturer or person selling the investment product to issue a direct communication to the retail investor concerned, giving them information about the administrative penalty or other measure ▌, and informing them where to lodge complaints or submit claims for redress.

Article 20

The competent authorities shall apply the administrative measures penalties and other measures referred to in Article 19(2) taking into account all relevant circumstances including:

(a)  the gravity and the duration of the breach;

(b)  the degree of responsibility of the responsible natural or legal person;

(c)  the impact of the breach on retail investors' interests;

(d)  the cooperative behaviour of the natural or legal person responsible for the breach;

(e)  any previous breaches by the responsible natural or legal person;

(ea)  all measures taken by the responsible person to prevent any repetition of the breach in the future;

(eb)  any compensation provided to retail investors by the responsible person following the breach.

Article 21

1.  Where the competent authority has disclosed administrative penalties and other measures ▌to the public, it shall simultaneously report those administrative penalties and other measures ▌to the ESAs.

2.  The Member States shall once a year provide the competent ESA with aggregate information regarding the administrative ▌ penalties and other measures imposed in accordance with Articles 18 and 19(2).

3.  The ESAs shall publish this information in an annual report.

Article 22

Penalties and other measures imposed for the breaches referred to in Article 19(1) shall be disclosed to the public without undue delay including at least information on the type of breach of this Regulation and the identity of those responsible for it ▌. Competent authorities may withhold the identity of the entity subject to administrative penalties or other measures on their website after no less than five years.

CHAPTER IV

FINAL PROVISIONS

Article 23

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

2.  The power to adopt delegated acts referred to in Article 8(5), Article 10(2) ▌,Article 12(4), Article 13a(10) and Article13b(9) shall be conferred on the Commission for a period of [ two years] from the entry into force of this Regulation. 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.

3.  The delegation of powers referred to in Article 8(5), Article 10(2) ▌,Article 12(4), Article 13a(10) and Article13b(9) 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 8(5), Article 10(2) ▌,Article 12(4), Article 13a(10) and Article13b(9) 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 [two months] at the initiative of the European Parliament or the Council.

5a.  Without prejudice to the other provisions of Regulations (EU) No 1093/2010, 1094/2010 and 1095/2010, the period for objection by the European Parliament and the Council in case of endorsement of the draft regulatory technical standard without changes by the Commission shall be two months [because of the complexity and volume of the issues covered]. That period may be extended once on initiative of the European Parliament or the Council for a further one month.

Article 23a

Further provisions for draft regulatory technical standards

1.  Notwithstanding any time limit provided for the submission of draft regulatory technical standards to the Commission, phasing of submissions shall be agreed which shall specify texts or groups of texts due for submission 12, 18 and 24 months in advance.

2.  The Commission shall not adopt regulatory technical standards in a manner that, in times of recess, reduces the scrutiny time of the European Parliament, including any extension, to less than two months.

3.  The ESAs may consult the European Parliament during the drafting stages of the regulatory technical standards, particularly where there are concerns regarding the scope of this Regulation.

4.  Where the competent committee of the European Parliament has rejected regulatory technical standards and there is less than two weeks until the start of the following plenary session, the European Parliament may further extend the period for objection referred to in Article 23(5a) to the date of the plenary session after the following one.

5.  In the event of a rejection of a regulatory technical standard and where the identified issues are of limited scope, the Commission may adopt an accelerated timetable for delivering revised drafts.

6.  The Commission shall ensure that all queries of the European Parliament's scrutiny team raised formally via the Chair of the competent committee shall be answered promptly before the adoption of the draft regulatory technical standard.

Article 24

1.   Management companies and investment companies referred to under Article 2 (1) and Article 27 of Directive 2009/65/EC and persons selling units of UCITS as defined in Article 1(2) of that Directive are exempt from the obligations under this Regulation until ...[three years after the entry into force].

1a.  AIFMs as defined in Article 4(1)(b) of Directive 2011/61/EU of the European Parliament and of the Council(14), and persons selling units of AIFs as defined in Article4(1)(a) of that Directive, shall be exempt from the obligations under this Regulation until ...[three years after the date of entry into force of this Regulation] provided that they provide a key investor information document pursuant to national law in accordance with Article 78 of Directive 2009/65/EC or relevant provisions of national law.

Article 25

1.  By ...* [Four years after the date of entry into force of this Regulation], the Commission shall review this Regulation. The review shall include a general survey of the practical application of the rules laid down in this Regulation, taking due account of developments in the market for retail investment products ▌. The review shall also reflect on a possible extension of the scope of this Regulation to other new or innovative financial products distributed in the Union.

2.  After consulting the Joint Committee of the ESAs, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.

2a From … [date of entry into force of this Regulation], investment manufacturers shall produce the key information document in accordance with this Regulation and shall be exempt from submitting a summary of a prospectus under Article 5(2) of Directive 2003/71/EC.

Article 26

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

It shall apply from ... [two years after the date of entry into force of this Regulation].

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) This matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0368/2013).
(2)Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌.
(3)OJ C 70, 9.3.2013, p. 2.
(4)OJ C 11, 15.1.2013, p. 59.
(5)Directive 2004/39/EC of the European Parliament and the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC(OJ L 145, 30.4.2004. p. 1).
(6)Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation (OJ L 9, 15.1.2003, p. 3).
(7)Directive 2003/71/EC of the European Parliament and the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC (OJ L 345, 31.12.2003, p. 64).
(8)Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).
(9)Texts Adopted, P7_TA(2013)0012.
(10)Directive 2002/65/EC of the European Parliament and of the Council on 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16).
(11)Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).
(12)Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority) (OJ L 331, 15.12.2010, p. 12), Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority) (OJ L 331, 15.12.2010, p. 48) and Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) (OJ L 331, 15.12.2010, p. 84).
(13)Directive 2002/39/EC of the European Parliament and of the Council of 10 June 2002 amending Directive 97/67/EC with regard to the further opening to competition of Community postal services (OJ L 176, 5.7.2002, p. 21).
(14)Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers (OJ L 174, 1.7.2011, p. 1).


Financing, management and monitoring of the CAP ***I
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Resolution
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Annex
European Parliament legislative resolution of 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy (COM(2011)0628 – C7-0341/2011 – COM(2012)0551 – C7-0312/2012 – 2011/0288(COD))
P7_TA(2013)0490A7-0363/2013
CORRIGENDA

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0628) and the amendments to the proposal (COM(2012)0551),

–  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 (C7-0341/2011),

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

–  having regard to the opinions of the European Economic and Social Committee of 25 April 2012(1) and 14 November 2012(2),

–  having regard to opinion 1/2012 of the Court of Auditors of 8 March 2012(3),

–  having regard to the opinion of the Committee of the Regions of 4 May 2012(4),

–  having regard to its decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal(5),

–  having regard to the undertaking given by the Council representative by letter of 7 October 2013 to approve that 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 and the opinions of the Committee on Development, the Committee on Budgets, the Committee on Budgetary Control and the Committee on Regional Development (A7-0363/2013),

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

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

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

4.  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;

5.  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 20 November 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008

P7_TC1-COD(2011)0288


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1306/2013.)

ANNEX TO THE LEGISLATIVE RESOLUTION

JOINT STATEMENT FROM THE EUROPEAN PARLIAMENT AND COUNCIL

on cross-compliance

The Council and the European Parliament invite the Commission to monitor the transposition and the implementation by the Member States of Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy and Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides and, where appropriate, to come forward, once these Directives have been implemented in all Member States and the obligations directly applicable to farmers have been identified, with a legislative proposal amending this regulation with a view to including the relevant parts of these Directives in the system of cross-compliance.

STATEMENT FROM THE COMMISSION

on relation to late payments made by the paying agencies to beneficiaries (Article 42(1))

The European Commission declares that when it adopts rules on the reduction of reimbursement to the paying agencies in case of payment made to the beneficiaries after the latest possible date laid down by Union legislation, the scope of the current provisions related to late payments for EAGF will be maintained.

STATEMENT FROM THE COMMISSION

on the level of implementation (Article 112b)

The European Commission confirms that in accordance with Article 4(2) TEU, the Union respects Member States' constitutional structures and, therefore, Member States are responsible for deciding at which territorial level they wish to implement the common agricultural policy, subject to respecting Union law and ensuring its effectiveness. This principle is applicable to all four Regulations of the CAP reform.

(1) OJ C 191, 29.6.2012, p. 116.
(2) OJ C 11, 15.1.2013, p. 88.
(3) Not yet published in the Official Journal.
(4) OJ C 225, 27.7.2012, p. 174.
(5) Texts adopted, P7_TA(2013)0087.


European Agricultural Fund for Rural Development ***I
PDF 199kWORD 104k
Resolution
Text
European Parliament legislative resolution of 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (COM(2011)0627 – C7-0340/2011 – COM(2012)0553 – C7-0313/2012 – 2011/0282(COD))
P7_TA(2013)0491A7-0361/2013
CORRIGENDA

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0627) and the amendments to the proposal (COM(2012)0553),

–  having regard to Article 294(2) and Article 42, first paragraph, and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0340/2011),

–  having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

–  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 Luxembourg Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to opinion 1/2012 of the European Court of Auditors of 8 March 2012(1),

–  having regard to the opinions of the European Economic and Social Committee of 25 April 2012 and 12 December 2012(2),

–  having regard to the opinion of the Committee of the Regions of 4 May 2012(3),

–  having regard to its decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal(4),

–  having regard to the undertaking given by the Council representative by letter of 7 October 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 55 and 37 of its Rules of Procedure,

–  having regard to the report of the Committee on Agriculture and Rural Development and the opinions of the Committee on Development, the Committee on Budgets, the Committee on Budgetary Control, the Committee on the Environment, Public Health and Food Safety and the Committee on Regional Development (A7-0361/2013),

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 20 November 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005

P7_TC1-COD(2011)0282


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1305/2013.)

(1) Not yet published in the Official Journal.
(2) OJ C 191, 29.6.2012, p. 116 and OJ C 44, 15.2.2013, p. 160.
(3) OJ C 225, 27.7.2012, p. 174.
(4) Texts adopted, P7_TA(2013)0086.


Common organisation of the markets in agricultural products ***I
PDF 209kWORD 127k
Resolution
Text
Annex
European Parliament legislative resolution of 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (Single CMO Regulation) (COM(2011)0626 – C7-0339/2011 – COM(2012)0535 – C7-0310/2012 – 2011/0281(COD))
P7_TA(2013)0492A7-0366/2013
CORRIGENDA

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0626) and the amended proposal (COM(2012)0535),

–  having regard to Article 294(2) and Article 42, first paragraph, and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0339/2011),

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

–  having regard to opinion 1/2012 of the Court of Auditors of 8 March 2012(1),

–  having regard to the opinions of the European Economic and Social Committee of 25 April 2012 and 12 December 2012(2),

–  having regard to the opinion of the Committee of the Regions of 4 May 2012(3);

–  having regard to its decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal(4),

–  having regard to the undertaking given by the Council representative by letter of 7 October 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 and the opinions of the Committee on Development, the Committee on Budgets and the Committee on Regional Development (A7-0366/2013),

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

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

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

4.  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;

5.  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 20 November 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007

P7_TC1-COD(2011)0281


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1308/2013.)

ANNEX TO THE LEGISLATIVE RESOLUTION

JOINT STATEMENT FROM THE EUROPEAN PARLIAMENT, COUNCIL AND COMMISSION

on Article 43(3) of the Treaty on the Functioning of the European Union (TFEU)

The outcome of negotiations as concerns recourse to Article 43(3) of the Treaty on the Functioning of the European Union forms part of the overall compromise on the current CAP reform and is without prejudice to each institution’s position on the scope of this provision and to any future developments on this question, in particular any new case law from the Court of Justice of the European Union.

STATEMENT FROM THE COMMISSION

on marketing standards (linked to Article 59(1a))

The Commission is keenly aware of the sensitivity of extending marketing standards to sectors or products which currently are not subject to these rules under the sCMO Regulation.

Marketing standards should only apply to sectors where there are clear expectations of the consumers and when there is a need to improve the economic conditions for the production and marketing of specific products as well as to their quality, or to take into account technical progress or need for product innovation. They should also avoid administrative burden, be simply understandable for the consumers and help producers to easily communicate the characteristics and attributes of their products.

The Commission will take into account any duly justified request from Institutions or representative organisation, as well as the recommendations of International Bodies, but before using its power to include new products or sectors in paragraph 1 of Article 59 will be required to carefully assess the specificity of that sector and present a report to the European Parliament and the Council evaluating, in particular, the need of the consumer, the costs and administrative burdens for operators including the impact on the internal market and on international trade, as well as the benefits offered to producers and to the end consumer.

STATEMENT FROM THE COMMISSION

on sugar

In order to aim for a balanced market and a fluid supply of sugar to the Union market during the remaining period of sugar quotas, the Commission will have regard to the interests of both Union sugar beet growers and raw cane refiners in applying the temporary market management mechanism laid down in Article 101da of the sCMO Regulation.

STATEMENT FROM THE COMMISSION

on the European Price Monitoring Tool

The Commission recognises the importance of collecting and disseminating available data on price developments in the different steps of the food chain. To this end, the Commission has developed a Food Prices Monitoring Tool for Food Products, which draws from the combined food related price index data collected by National Statistical Offices. This tool aims at bringing together and making available price development along the food chain, and allows comparison of price developments for relevant agricultural products, for food industries and the relevant consumer products. This tool is under constant improvement and will aim to expand the range of food chain products it covers and in general to meet farmers’ and consumers’ need for more transparency and food price building. The Commission shall report regularly to the European Parliament and to the Council on the activities of the European Price Monitoring Tool and the results of the latter's studies.

(1) Not yet published in the Official Journal.
(2) OJ C 191, 29.6.2012, p. 116, and OJ C 44, 15.2.2013, p. 158.
(3) OJ C 225, 27.7.2012, p. 174.
(4) Texts adopted, P7_TA(2013)0085.


Direct payments to farmers under support schemes within the framework of the CAP ***I
PDF 205kWORD 94k
Resolution
Text
Annex
European Parliament legislative resolution of 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy (COM(2011)0625 – C7-0336/2011 – COM(2012)0552 – C7-0311/2012 – 2011/0280(COD))
P7_TA(2013)0493A7-0362/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011) 0625) and the amendments to the proposal (COM(2012)0552),

–  having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0336/2011),

–  having regard to the 1979 Act of Accession, and in particular paragraph 6 of Protocol No 4 on cotton attached thereto,

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

–  having regard to opinion 1/2012 of the Court of Auditors of 8 March 2012(1),

–  having regard to the opinions of the European Economic and Social Committee of 25 April 2012 and 12 December 2012(2),

–  having regard to the opinion of the Committee of the Regions of 4 May 2012(3),

–  having regard to its decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal(4),

–  having regard to the undertaking given by the Council representative by letter of 7 October 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 and the opinions of the Committee on Development, the Committee on Budgets, the Committee on Budgetary Control, the Committee on Environment, Public Health and Food Safety and the Committee on Regional Development (A7-0362/2013),

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

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

3.  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;

4.  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 20 November 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009

P7_TC1-COD(2011)0280


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1307/2013.)

ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT FROM THE COMMISSION

on Article 9(2) of the Direct Payments Regulation

Article 9(2) of the proposal for a regulation on direct payments does not preclude the possibility for a farmer to rent buildings or parts of buildings to third parties or to possess a stable, provided that these activities do not constitute the farmer’s main activity.

STATEMENT FROM THE COMMISSION

on coupled support

For agricultural products, notably for those not eligible to coupled support according to Article 38(1) of the Direct Payments Regulation, the Commission shall closely follow their market evolution and, in case of severe market crisis, may resort to any appropriate measures at its disposal to improve the market situation.

(1)Not yet published in the Official Journal.
(2)OJ C 191, 29.6.2012, p. 116, and OJ C 44, 15.2.2013, p. 159.
(3)OJ L 225, 27.7.2012, p. 174.
(4)Texts adopted, P7_TA(2013)0084.


Transitional provisions on support for rural development ***I
PDF 201kWORD 83k
Resolution
Text
Annex
European Parliament legislative resolution of 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council laying down certain transitional provisions on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and amending Regulation (EU) No [RD] as regards resources and their distribution in respect of the year 2014 and amending Council Regulation (EC) No 73/2009 and Regulations (EU) No [DP], (EU) No [HR] and (EU) No [sCMO] as regards their application in the year 2014 (COM(2013)0226 – C7-0104/2013 – 2013/0117(COD))
P7_TA(2013)0494A7-0326/2013
CORRIGENDA

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0226),

–  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 (C7‑0104/2013),

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

–  having regard to the opinion of the European Economic and Social Committee of 19 September 2013(1),

–  having regard to the undertaking given by the Council representative by letter of 28 October 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 and the opinion of the Committee on Budgets (A7-0326/2013),

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

2.  Takes note of the Commission statement annexed to this resolution;

3.  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;

4.  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 20 November 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council laying down certain transitional provisions on support for rural development by the European Agricultural Fund for Rural Development (EAFRD), amending Regulation (EU) No 1305/2013 of the European Parliament and of the Council as regards resources and their distribution in respect of the year 2014 and amending Council Regulation (EC) No 73/2009 and Regulations (EU) No 1307/2013, (EU) No 1306/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards their application in the year 2014

P7_TC1-COD(2013)0117


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1310/2013.)

ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT FROM THE COMMISSION

on rural development

The Commission declares that it will cooperate constructively with the Member States in the preparation and approval of the new rural development programmes with a view to ensuring a smooth transition to the new programming period also for measures not covered by Article 1 of the Transitional Regulation.

The Commission encourages Member States which will use the possibility under Article 1 of the Transitional Regulation to undertake new legal commitments for irrigation operations to do so in compliance with the conditions set out for such operations in Article 46(3) of the new Rural Development Regulation for the programming period 2014-2020.

(1) Not yet published in the Official Journal.


Provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability and to the decommitment rules for certain Member States***I
PDF 197kWORD 45k
Resolution
Text
European Parliament legislative resolution of 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1083/2006 as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability and to the decommitment rules for certain Member States (COM(2013)0301 – C7-0143/2013 – 2013/0156(COD))
P7_TA(2013)0495A7-0312/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0301),

–  having regard to Article 294(2) and Article 177 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0143/2013),

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

–  having regard to the opinion of the European Economic and Social Committee of 19 September 2013(1),

–  having regard to the opinion of the Committee of Regions of 11 July 2013(2),

–  having regard to the undertaking given by the Council representative by letter of 14 November 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 Regional Development and the opinion of the Committee on Budgets (A7-0312/2013),

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 20 November 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 1083/2006 as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability, to the decommitment rules for certain Member States, and to the rules on payments of the final balance

P7_TC1-COD(2013)0156


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1297/2013.)

(1) Not yet published in the Official Journal.
(2) Not yet published in the Official Journal.


Financial allocation for certain Member States from the European Social Fund ***I
PDF 198kWORD 43k
Resolution
Text
European Parliament legislative resolution of 20 November 2013 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1083/2006 as regards the financial allocation for certain Member States from the European Social Fund (COM(2013)0560 – C7-0244/2013 – 2013/0271(COD))
P7_TA(2013)0496A7-0381/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0560),

–  having regard to Article 294(2) and Article 177 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0244/2013),

–  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 October 2013(1),

–  after consulting the Committee of the Regions,

–  having regard to the undertakings given by the Council representative by letter of 14 November 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 Regional Development and the opinions of the Committee on Employment and Social Affairs and the Committee on Budgets (A7-0381/2013),

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 20 November 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 1083/2006 as regards the financial allocation for certain Member States from the European Social Fund

P7_TC1-COD(2013)0271


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1298/2013.)

(1)1 Not yet published in the Official Journal.


EC-Kiribati fisheries partnership agreement ***
PDF 193kWORD 34k
European Parliament legislative resolution of 20 November 2013 on the draft Council decision on the conclusion of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other (13331/2012 – C7-0036/2013 – 2012/0229(NLE))
P7_TA(2013)0497A7-0345/2013

(Consent)

The European Parliament,

–  having regard to the draft Council decision (13331/2012),

–  having regard to the draft Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community, on the one hand, and the Republic of Kiribati, on the other (13333/2012),

–  having regard to the request for consent submitted by the Council in accordance with Articles 43(2) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7‑0036/2013),

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

–  having regard to the recommendation of the Committee on Fisheries and the opinions of the Committee on Development and the Committee on Budgets (A7-0345/2013),

1.  Consents to conclusion of the Protocol;

2.  Calls on the Commission to forward to Parliament the minutes and the conclusions of the meetings of the Joint Committee provided for in Article 10 of the Agreement, as well as the multiannual sectoral programme provided for in Article 3 of the Protocol and the corresponding annual evaluations; calls on the Commission to facilitate the participation of representatives of Parliament as observers in the meetings of the Joint Committee; calls on the Commission to submit to Parliament and the Council, within the last year of application of the Protocol and before the opening of negotiations for its renewal, a full evaluation report on its implementation, without imposing unnecessary restrictions on access to this document;

3.  Calls on the Council and the Commission, acting within the limits of their respective powers, to keep Parliament immediately and fully informed at all stages of the procedures related to the new Protocol and its renewal, pursuant to Article 13(2) of the Treaty on European Union and Article 218(10) of the Treaty on the Functioning of the European Union;

4.  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 Kiribati.


The location of the seats of the European Union's Institutions
PDF 220kWORD 52k
European Parliament resolution of 20 November 2013 on the location of the seats of the European Union’s Institutions (2012/2308(INI))
P7_TA(2013)0498A7-0350/2013

The European Parliament,

–  having regard to Articles 232 and 341 of the Treaty on the Functioning of the European Union (TFEU),

–  having regard to Protocol 6, annexed to the Treaties, on the location of the seats of the institutions and of certain bodies, offices, agencies and departments of the European Union,

–  having regard to Articles 10, 14 and 48 of the Treaty on European Union (TEU),

–  having regard to its stated position on these matters, in particular in its recommendation from 21 June 1958, its resolution of 7 July 1981 adopting the Zagari Report, its recommendations for the Intergovernmental Conference of 13 April 2000, and its accompanying resolutions: its resolution of 8 June 2011 on Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe(1); its decision of 10 May 2012 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2010, Section I – European Parliament(2); its resolution of 16 February 2012 on the guidelines for the 2013 budget procedure, Section I – European Parliament, Section II – Council, Section IV – Court of Justice, Section V – Court of Auditors, Section VI – European Economic and Social Committee, Section VII – Committee of the Regions, Section VIII – European Ombudsman, Section IX – European Data Protection Supervisor, Section X – European External Action Service(3); its resolution of 29 March 2012 on Parliament’s estimates of revenue and expenditure for the financial year 2013(4) and its resolution of 4 July 2012 on the mandate for the trilogue on the 2013 Draft Budget(5),

–  having regard to Written Questions E-000181-2007, E-006174-2009, E-006258-2009, E-002934-2012, E-002935-2012, E-004134-2012 and E-004135-2012 to the Commission and to the Council,

–  having regard to the Secretary-General’s reports of September 2002 and August 2013 regarding the cost of maintaining three places of work,

–  having regard to the joint working group report of the Bureau and the Committee on Budgets on Parliament’s budget for 2012,

–  having regard to its activity reports for 1993-1999, 1999-2004, 2004-2009 and 2009-2011,

–  having regard to the case law of the Court of Justice of the European Union (ECJ), in particular Cases C-230/81(6), C-345/95(7) and joined cases C-237/11 and C-238/11(8),

–  having regard to Petition 630/2006 by the One Seat campaign, which was endorsed by more than one million EU citizens,

–  having regard to the vote held in plenary on 23 October 2012, in which a majority (78 %) of its Members called on the Member States to revise their views on the issue of Strasbourg as Parliament’s official seat;

–  having regard to Rules 5(3), 29, 41, 48, 74a, 201 and 202(4) of its Rules of Procedure;

–  having regard to the report of the Committee on Constitutional Affairs and the opinions of the Committee on Budgets and the Committee on Petitions (A7-0350/2013),

A.  whereas Article 341 TFEU establishes that the seats of the institutions of the Union shall be determined by common accord of the governments of the Member States;

B.  whereas the Member States have done so in Protocol 6 annexed to the Treaties, establishing Brussels as seat of the Commission, the Council (with its meetings to be held in Luxembourg during the months of April, June and October), the Economic and Social Committee and the Committee of the Regions, establishing Luxembourg as seat of the Court of Justice of the European Union, the Court of Auditors and the European Investment Bank, establishing Frankfurt as seat of the European Central Bank and establishing The Hague as seat of the European Police Office;

C.  whereas the decision by the Member States on these seats was reached in a broader deal, taking into account the historical development of the European Union and its institutions as well as considerations of geographical dispersion;

D.  whereas Parliament plays a distinct and unique role as the only institution that is directly elected by and accountable to the European citizens, and, since its role has undergone the most significant changes amongst all the EU institutions, this report will primarily focus on Parliament’s seat and working arrangements;

E.  whereas Protocol 6 annexed to the Treaties establishes that Parliament shall have its seat in Strasbourg, where 12 periods of monthly plenary sessions – including the budget session – shall be held, that the periods of additional plenary sessions shall be held in Brussels, that its committees shall meet in Brussels, and that its General Secretariat and its departments shall remain in Luxembourg;

F.  whereas Articles 10 and 14 TEU state that the EU is a representative democracy, with Parliament as the direct representative of the European citizens at Union level, and that as co-legislator Parliament is on equal terms with the Council;

G.  whereas Article 232 TFEU allows Parliament to adopt its own rules of procedure, under which it may determine the length of plenary sessions, in accordance with the treaties and the case law of the ECJ;

H.  whereas the ECJ has stated that the location of the seat is not to hinder the well-functioning of Parliament; whereas it has further stated that while there are disadvantages and costs engendered by the plurality of working locations, any modification of the seat or working locations would require a Treaty change and, thus, the consent of the Member States;

I.  whereas Parliament has undergone a complete transformation, from a consultative body with 78 seconded members that – mostly for practical reasons – shared its facilities with the Parliamentary Assembly of the Council of Europe in Strasbourg, to a fully-fledged, directly elected Parliament with currently 766 members that is today co-legislator on equal terms with the Council;

J.  whereas the growth of its legislative capacity is illustrated by the increase in the number of co-decision procedures (now ordinary legislative procedures) from 165 in 1993-1999 to 454 in 2004-2009, to an even greater number in the current legislature;

K.  whereas the changing role of Parliament is also reflected in the increase by 150 % of inter-institutional meetings, from 16 000 to an estimated 40 000 between 2009 and 2013, and in the constant negotiations and trilogues, with the Commission, the Council and individual Member States, that now are part of the legislative process, and that have led to a sharp increase in the number of first-reading agreements, from 28 % in 1999-2004 to 72 % in 2004-2009;

L.  whereas the structure of Parliament’s calendar (fixed during the Edinburgh Summit in 1992) predates all changes to its role arising from the adoption of the Treaties of Maastricht, Amsterdam, Nice and Lisbon;

M.  whereas the Council and the European Council have already concentrated their work in Brussels, where all European Council meetings – which previously were always held in the country of the rotating presidency – are now exclusively held;

N.  whereas the geographical distance between the official seats of the co-legislative bodies – 435 km – isolates Parliament, not only from the Council and the Commission but also from other stakeholders, such as NGOs, civil society organisations and Member State representations, and from one of the world’s largest international journalistic communities;

O.  whereas the additional annual costs resulting from the geographic dispersion of Parliament have been estimated to range between EUR 156 million and EUR 204 million(9), equivalent to approximately 10 % of Parliament’s annual budget, while the environmental impact is also significant, with the CO2 emissions associated with the transfers to and from the three working locations estimated to be between 11 000(10) and 19 000 tonnes(11);

P.  whereas Parliament’s current working arrangements also impose additional costs and travel on the other European Union institutions, in particular the Commission and Council, Member States’ representations, journalists and civil society representatives;

Q.  whereas 78 % of all missions by Parliament statutory staff (on average, 3 172 each month) arise as a direct result of its geographic dispersion; whereas while Parliament’s buildings in Strasbourg are currently only being used 42 days per year (remaining unused for 89 % of the time), they need to be heated, staffed and maintained for the entire year;

R.  whereas the expenditure arising from the geographic dispersion of Parliament constitutes an important area of potential savings, particularly in the current economic climate;

S.  whereas Parliament, since its suggestion in 1958 to be sited in proximity to the Council and the Commission, has via numerous reports, declarations and statements repeatedly expressed its wish for a more practical and efficient working arrangement;

T.  whereas citizens of the EU – including over one million citizens who endorsed a petition asking for a single seat – have repeatedly expressed their discontent with the current arrangements;

U.   whereas arrangements affecting a parliament’s right to organisational self-determination are among the foremost concerns for a parliamentary system;

V.  whereas in addition to the subjects dealt with in this report, there are other essential matters directly related to Parliament’s status and its function within the EU institutional machinery, and – on those points – convincing solutions have yet to be found; whereas these unresolved questions pertain to issues of electoral law, rules for a no-protest zone, immunity matters and points related to the Statute for Members; whereas attending to these should either be encompassed within Parliament’s right of organisational self-determination, exercised in the form of a general decision-making power, or, at the very least, be brought within the scope of the ordinary legislative procedure based on codecision;

1.  Believes that the European Parliament, given that it is the only body directly representing the European citizens, should be granted the prerogative of determining its own working arrangements, including the right to decide where and when it holds its meetings;

2.  Agrees with the principle that the European Parliament would be more effective, cost-efficient and respectful of the environment if it were located in a single place; notes that the continuation of the monthly migration between Brussels and Strasbourg has amongst most EU citizens become a symbolic, negative issue detrimental to the European Union’s reputation, especially at a time when the financial crisis has led to serious and painful expenditure cuts in the Member States;

3.  Considers it perfectly legitimate to launch a debate on its right to determine its own working arrangements, including the right to decide where and when it is to meet;

4.  Commits itself, therefore, to initiating an ordinary treaty revision procedure under Article 48 TEU with a view to proposing the changes to Article 341 TFEU and Protocol 6 necessary to allow Parliament to decide on the location of its seat and its internal organisation;

5.  Decides not to make any recommendations regarding the seats of the other EU institutions;

6.  Maintains that it will be necessary to evaluate the financial and economic consequences entailed in a change of seat or place of work and to agree on an appropriate compromise whereby existing Parliament buildings can continue to be used;

7.  Acknowledges that any future decision by Parliament on its working arrangements must allow sufficient time for debate and reflection, as well as for an orderly transition;

8.  Asks the Court of Auditors, or a similar independent agency, to provide a comprehensive analysis of the potential savings for the EU budget if Parliament had only one seat; asks that this analysis include budgetary aspects and ancillary costs such as savings made through reduced loss of working time and greater efficiency;

9.  Calls on the Bureau to commission Eurobarometer, or a similar professional polling service, to conduct, by 1 January 2014, a survey of the European citizens’ views on the prospect of maintaining Parliament’s three places of work, with specific reference to the financial, environmental and efficiency costs of this arrangement;

10.  Instructs its President to forward this resolution to the Council, the Commission, the European Council, and the Heads of State and Government and parliaments of the Member States.

(1) OJ C 380 E, 11.12.2012, p. 89.
(2) OJ L 286, 17.10.2012, p. 1.
(3) OJ C 249 E, 30.8.2013, p. 18.
(4) OJ C 257 E, 6.9.2013, p. 104.
(5) Texts adopted, P7_TA(2012)0289.
(6) Case C-230/81, Grand Duchy of Luxembourg v European Parliament.
(7) Case C-345/95, French Republic v Parliament.
(8) Case C-237/11 and C-238/11, French Republic v Parliament.
(9)The 2002 report by the Secretary General of the European Parliament is the last comprehensive cost estimate available. The range of EUR 169-204 million per year, confirmed by the 2012 Joint Working Group Report of the Bureau and Budget Committee, is calculated on the basis that the EUR 148 million estimate is complemented by the EUR 28,3 million annual amortisation cost for the Strasbourg buildings that need to be taken into account since the purchase of those buildings. In a response from the Secretary General on 30 August 2013 to the requests made in paragraph 10 of Parliament’s resolution of 6 February 2013 on the guidelines for the 2014 budget procedure, the additional costs of the Strasbourg seat are estimated at EUR 103 million, amounting to a total sum of EUR 156 million when the amortisation and unused floor estimates indicated in the Joint Working Group Report from 2012 are added.
(10)‘The three places of work of the European Parliament – financial, environmental and regional impacts of geographic dispersion, note prepared by the Secretary General of the European Parliament on 30 August 2013 in response to the request made in paragraph 10 of Parliament’s resolution of 6 February 2013 on the guidelines for the 2014 budget procedure.
(11)‘European Parliament two-seat operation: Environmental costs, transport & energy’, report prepared by Eco-Logica Ltd. for the Greens/EFA, November 2007.

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