Amendments adopted by the European Parliament on 12 December 2013 on the draft regulation of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union by increasing the number of Judges at the General Court (02074/2011 – C7-0126/2012 – 2011/0901B(COD))(1)

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(Ordinary legislative procedure: first reading)

Amendment 1

AMENDMENTS BY THE EUROPEAN PARLIAMENT(2)

P7_TA(2013)0581 A7-0252/2013

to the draft by the Court of Justice

P7_TA(2013)0581 A7-0252/2013

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P7_TA(2013)0581 A7-0252/2013

Regulation of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union by increasing the number of Judges at the General Court

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular the second subparagraph of Article 19(2) thereof,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 254 and the second paragraph of Article 281 thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,

Having regard to the request of the Court of Justice,

Having regard to the opinion of the Commission,

Acting in accordance with the ordinary legislative procedure,

Whereas:

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(5)  As a consequence of the progressive expansion of its jurisdiction since its creation, the number of cases before the General Court is now constantly increasing.

(6)  The number of cases brought before the General Court has been steadily increasing over the years, resulting over time in an increase in the number of cases pending before that court and an increase in the duration of proceedings.

(7)  That increase in the duration of proceedings does not appear to be acceptable from the point of view of litigants, particularly in the light of the requirements set out in Article 47 of the Charter of Fundamental Rights of the European Union and in Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

(8)  The situation in which the General Court finds itself has structural causes relating to the increase in the number and variety of legislative and regulatory acts of the institutions, bodies, offices and agencies of the European Union, as well as to the volume and complexity of the cases brought before the General Court, particularly in the areas of competition and State aid.

(9)  Consequently, the necessary measures should be taken to address this situation, and the possibility, provided for by the Treaties, of increasing the number of Judges of the General Court is such as to enable both the volume of pending cases and the excessive duration of proceedings before the General Court to be reduced within a short time.

(9a)  Those measures should also provide a permanent solution to the question of judges' Member States of origin, since the current arrangement, under which judges are appointed per Member State, cannot apply where there are more judges than Member States.

(9b)  Pursuant to Article 19(2) of the Treaty on European Union, the General Court includes at least one judge per Member State. As that already ensures an appropriate geographical balance and representation of national legal systems, additional judges should be appointed exclusively on the basis of their professional and personal suitability, taking into account their knowledge of the legal systems of the European Union and of the Member States. However, there should be no more than two Judges for any Member State,

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HAVE ADOPTED THIS REGULATION:

Article 1

Protocol No 3 on the Statute of the Court of Justice of the European Union is amended as follows:

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(6a)  In Article 47, the first paragraph is replaced by the following:"

‘Article 9a, Articles 14 and 15, the first, second, fourth and fifth paragraphs of Article 17 and Article 18 shall apply to the General Court and its members.’;

(7)   ▌Article 48 is replaced by the following:"

'In the General Court, there shall be one Judge per Member State and 12 additional Judges. There shall be no more than two Judges for any Member State.

All Judges shall have the same status and the same rights and obligations.

When, every three years, the Judges are partially replaced, one half of them shall be replaced, alternately, if there is an even number of Judges; and, on an alternating basis, if there is an uneven number of Judges, an even number of Judges and an uneven number of Judges, i.e. that number minus one, shall be replaced.';

(7a)   The following Article is inserted:"

'Article 48a

In respect of the Judges to be appointed per Member State, the right of nomination shall lie with the government of the Member State in question.';

(7b)  The following Article is inserted:"

'Article 48b

1.  The additional Judges shall be appointed regardless of nominees' Member States of origin.

2.  During a procedure to appoint one or more of the 12 additional Judges, all Member State governments may submit nominations. Furthermore, Judges retiring from the General Court may nominate themselves in a written submission to the chair of the panel referred to in Article 255 of the Treaty on the Functioning of the European Union.

3.  During a procedure to appoint one or more of the 12 additional Judges, the panel referred to in Article 255 of the Treaty on the Functioning of the European Union shall give an opinion on nominees' suitability to perform the duties of Judge of the General Court. The panel shall append to its opinion on candidates' suitability a list of candidates having the most suitable high-level experience, by order of merit. That list shall contain the names of at least twice as many nominees as there are Judges to be appointed by common accord of the governments of the Member States, provided that there is a sufficient number of suitable nominees.'.

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Article 3

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

2.  The 12 additional Judges appointed on the basis, and following the entry into force, of this Regulation shall take up their duties immediately once they have taken the oath.

The term of office of six of them, chosen by lot, shall end six years after the first partial replacement of the General Court following the entry into force of this Regulation. The term of the other six judges shall end six years after the second partial replacement of the General Court following the 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) The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0252/2013). (2) Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌.

European Parliament legislative resolution of 12 December 2013 on the proposal for a Council directive amending Directives 2006/112/EC and 2008/118/EC as regards the French outermost regions and Mayotte in particular (COM(2013)0577 – C7-0268/2013 – 2013/0280(CNS))

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(Special legislative procedure – consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2013)0577),

–  having regard to Article 113 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7‑0268/2013),

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

–  having regard to Rules 55, 46(1) and 37 of its Rules of Procedure,

–  having regard to the report of the Committee on Economic and Monetary Affairs (A7-0405/2013),

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, the Commission and the national parliaments.

European Parliament legislative resolution of 12 December 2013 on the draft Council directive amending Council Directive 2010/18/EU because of the change of status of Mayotte (14220/2013 – C7-0355/2013– 2013/0189(NLE))

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(Special legislative procedure – consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2013)0413) and the Council draft (14220/2013),

–  having regard to Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0355/2013),

–  having regard to Article 155(2) of the Treaty on the Functioning of the European Union, that is the legal basis chosen by the Commission for its proposal,

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

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

–  having regard to the report of the Committee on Employment and Social Affairs (A7-0414/2013),

1.  Approves the Council draft as amended;

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 its draft;

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

Council draft   Amendment Amendment 1 Draft directive Title Proposal for a COUNCIL DIRECTIVE amending Council Directive 2010/18/EU because of the change of status of Mayotte Proposal for a COUNCIL DECISION amending Council Directive 2010/18/EU because of the change of status of Mayotte Amendment 2 Draft directive Citation 1 Having regard to the Treaty on the Functioning of the European Union, and in particular Article 349 thereof, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 155(2) and Article 349 thereof, Amendment 4 Draft directive Recital 1 (1)  By Decision 2012/419/EU1, the European Council decided to amend the status of Mayotte with regard to the European Union with effect from 1 January 2014. Therefore, from that date, Mayotte will cease to be an overseas territory and will become an outermost region of the Union within the meaning of Articles 349 and 355(1) of the Treaty on the Functioning of the EU. Following this change in legal status of Mayotte, Union law will apply to Mayotte from 1 January 2014. Certain specific measures, justified by the particular structural social and economic situation of Mayotte as a new outermost region, on the special conditions of application of Union law should, however, be established. (1)  By Decision 2012/419/EU1, the European Council decided to amend the status of Mayotte with regard to the European Union with effect from 1 January 2014. Therefore, from that date, Mayotte will cease to be an overseas territory and will become an outermost region of the Union within the meaning of Articles 349 and 355(1) of the Treaty on the Functioning of the EU. Following this change in legal status of Mayotte, Union law will apply to Mayotte from 1 January 2014. Certain specific measures, justified by the particular structural social and economic situation of Mayotte as a new outermost region, should however, be established. __________________ __________________ 1 OJ L 204, 31.7.2012, p. 131. 1 OJ L 204, 31.7.2012, p. 131. Amendment 5 Draft directive Solemn form HAS ADOPTED THIS DIRECTIVE HAS ADOPTED THIS DECISION Amendment 6 Draft directive Article 1 Directive 2010/18/EU Article 3 – paragraph 2 – subparagraph 2 In Article 3(2) of Directive 20101/18/EU, the following subparagraph is added: In Article 3(2) of Directive 2010/18/EU, the following subparagraph is added: "By way of derogation from the first subparagraph, for Mayotte as an outermost region in the meaning of Article 349 TFEU, the additional period referred to therein shall be extended until 31 December 2018." "For the French outermost region of Mayotte, the additional period referred to in the first subparagraph shall be extended to 31 December 2018." Amendment 7 Draft directive Article 2 This Directive is addressed to the French Republic. This Decision is addressed to the French Republic. Amendment 8 Draft directive Article 3 This Directive shall enter into force on 1 January 2014. This Decision shall enter into force on 1 January 2014.

European Parliament resolution of 12 December 2013 on Eco-innovation - Jobs and Growth through environmental policy (2012/2294(INI))

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The European Parliament,

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

–  having regard to the Commission communication ‘Innovation for a sustainable Future - The Eco-innovation Action Plan (Eco-AP)’ (COM(2011)0899),

–  having regard to the Commission communication ‘Europe 2020 Flagship Initiative: Innovation Union’ (COM(2010)0546),

–  having regard to the Commission communication ‘A resource-efficient Europe – Flagship Initiative under the Europe 2020 Strategy’ (COM(2011)0021),

–  having regard to the Commission communication ‘Stimulating technologies for sustainable development: An Environmental Technologies Action Plan for the European Union’ (COM(2004)0038),

–  having regard to the Commission communication ‘A strategic vision for a European standard: Moving forward to enhance and accelerate the sustainable growth of the European economy by 2020’ (COM(2011)0311),

–  having regard to the Commission communication ‘Rio+20: Towards the green economy and better governance’ (COM(2011)0363),

–  having regard to the Commission communication ‘A Roadmap for moving to a competitive low carbon economy in 2050’ (COM(2011)0112),

–  having regard to the Commission communication ‘An Agenda for new skills and jobs: A European contribution towards full employment’ (COM(2010)0682),

–  having regard to the Commission proposal for a regulation establishing Horizon 2020 – The Framework Programme for Research and Innovation (2014-2020) (COM(2011)0809),

–  having regard to the Commission communication ‘Horizon 2020 – The Framework Programme for Research and Innovation’ (COM(2011)0808),

–  having regard to the Commission White Paper ‘Adapting to climate change: Towards a European framework for action’ (COM(2009)0147),

–  having regard to the Commission Green Paper ‘From Challenges to Opportunities: Towards a Common Strategic Framework for EU Research and Innovation funding’ (COM(2011)0048),

–  having regard to the new instrument ‘Youth Guarantee’,

–  having regard to its resolution of 11 November 2010 on European Innovation Partnerships within the Innovation Union flagship initiative,(1)

–  having regard to its resolution of 24 May 2012 on a resource-efficient Europe,(2)

–  having regard to its resolution of 29 September 2011 on developing a common EU position ahead of the United Nations Conference on Sustainable Development (Rio+20),(3)

–  having regard to its resolution of 15 March 2012 on a Roadmap for moving to a competitive low carbon economy in 2050,(4)

–  having regard to its resolution of 8 March 2011 on innovative financing at global and European level,(5)

–  having regard to its resolution of 8 June 2011 on ‘Investing in the future: A new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’,(6)

–  having regard to the Commission proposal for a Council decision establishing the Specific Programme Implementing Horizon 2020 – The Framework Programme for Research and Innovation (2014 - 2020) (COM(2011)0811),

–  having regard to the Commission proposal for a regulation of the European Parliament and of the Council on the establishment of a Programme for the Environment and Climate Action (LIFE) (COM(2011)0874),

–  having regard to its resolution of 12 May 2011 on ‘Innovation Union: transforming Europe for a post-crisis world’,(7)

–  having regard to its resolution of 14 June 2012 on ‘Towards a job-rich recovery’,(8)

–  having regard to its resolution of 7 September 2010 on developing the job potential of a new sustainable economy(9),

–  having regard to its resolution of 11 September 2012 on the role of women in the green economy,(10)

–  having regard to its resolution of 6 May 2010 on the Commission White Paper: ‘Adapting to climate change: Towards a European framework for action’,(11)

–  having regard to its resolution of 27 September 2011 on the Green Paper ‘From challenges to opportunities: towards a common strategic framework for EU research and innovation funding’,(12)

–  having regard to the Flash Eurobarometer report No 315 on ‘Attitudes of European entrepreneurs towards eco-innovation, March 2011’,

–   having regard to the report ‘Analysing and reporting on the results achieved by CIP Eco‑Innovation market replication projects’ by the Executive Agency for Competitiveness and Innovation (EACI), published in May 2013;

–  having regard to the 2008 UNEP, ILO, IOE and ITUC Green Jobs Initiative entitled ‘Green Jobs: Towards Decent Work in a Sustainable, Low-Carbon World’,

–  having regard to the 2009 Greenpeace and European Renewable Energy Council (EREC) report ‘Working for the climate: renewable energy and the green job revolution’,

–  having regard to the 2007 European Trade Union Confederation (ETUC) and Social Development Agency (SDA) report on ‘Climate Change and Employment: Impact on employment in the European Union-25 of climate change and CO2 emission reduction measures by 2030’,

–  having regard to the January 2013 Eurofound report ‘Greening of industries in the EU: Anticipating and managing the effects on quantity and quality of jobs’, and its database of case studies,

–  having regard to the 2011 Eurofound report ‘Industrial relations and sustainability: the role of social partners in the transition towards a green economy’,

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

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Employment and Social Affairs and the Committee on Regional Development (A7-0333/2013),

A.  whereas a clean and healthy environment is a precondition for maintaining prosperity and a high quality of life in Europe, but so is the strength and competitiveness of the economy;

B.  Whereas environmental challenges, such as climate change, resource scarcity and the degradation of biodiversity, require a radical transition of our economy, in which clean technologies play a key role;

C.  whereas the scale of the crisis presents a unique and historic opportunity to bring forth transformational change in our economies, paving the way for sustainable long-term development;

D.  whereas the growth of Green Tech in the past years has shown that investing in green growth is not a costly duty but a huge economic opportunity; whereas although nearly every sector has suffered big losses as a result of the recession, the green sector has suffered a drop in growth but is still growing;

E.  whereas it is necessary to replace the current resource-intensive economy by a resource-efficient one, by transforming established industries into green high value-added industries that create jobs while protecting the environment;

F.  whereas environment-friendly solutions will attract a new generation of high-tech manufacturing and services, increase European competitiveness and create new high‑skilled jobs;

G.  whereas by supporting new processes to clean up production processes, new management methods and new technologies, and new services to make business greener, eco‑innovation acts to help Europe make the most of its opportunities while addressing current challenges;

H.  whereas resource prices have increased extensively over the past years and the competitiveness of companies is therefore increasingly determined by their resource efficiency;

I.  whereas history has proven it difficult for authorities to foresee which innovative technologies will be competitive on the market;

J.  whereas fiscal incentives can be a useful tool to enhance eco-innovation in Europe;

K.  whereas Europe is a leader in new technology development; whereas there are many barriers to the development and wider use of environmental technologies, such as lock-in to existing technologies, price signals that tend to favour less eco-efficient solutions, difficult access to finance and low consumer awareness; whereas the challenge is therefore to improve the overall environmental performance of products throughout their life-cycle, to boost demand for better products and production technologies, and to help consumers make informed choices;

L.  whereas labels which indicate the environmental credentials of products and services must provide clear, objective information and avoid misleading or ‘greenwashing’ the consumer;

M.  whereas eco-industries today provide 3.4 million jobs and an estimated annual turnover of EUR 319 billion; whereas in many countries, Green Tech is already or will soon be the biggest employer;

N.  whereas eco-innovation is the cornerstone for the development of an environmentally, economically and socially sustainable growth strategy by the EU leading to quality employment opportunities in a variety of sectors;

O.  whereas the Eco-Innovation Scoreboard 2010 (Eco-IS) shows a favourable eco-innovation performance in several Member States, but despite this no single EU country or group of countries can currently serve as a model for eco-innovation performance in the EU;

P.  whereas the Flash Eurobarometer report No 315 of 2011, on attitudes of European entrepreneurs towards eco-innovation, shows that SMEs face an increase in material costs, although the majority have introduced new or significantly improved eco-innovative production processes or methods in order to reduce material costs, and that they also face the problem of insufficient access to existing subsidies and fiscal incentives and uncertain demands from the market;

Q.  whereas the analysis of the CIP Eco-Innovation Initiative shows that the expected environmental, economic and employment benefits far outweigh the public costs;

R.  whereas measuring eco-innovation is a key requirement for monitoring and evaluating the performance and progress of EU Member States towards smart and sustainable growth in Europe, but the data availability on eco-innovation is limited and its quality varies significantly between indicators;

S.  whereas policymakers and other stakeholders have different understandings of what eco‑innovation is and what it should aim at;

T.  whereas there are different evaluation criteria used for the definition of terms such as ‘eco-innovation’ and ‘smart green jobs’ (for example within the ILO, UNEP, CEDEFOP, OECD or Eurostat definitions), which could lead to diverging statistics on eco-innovation, green jobs and growth;

U.  whereas Parliament’s resolution of 7 September 2010 on developing the job potential of a new sustainable economy makes reference to the ILO’s definition of sustainable jobs and stresses that eco-innovation has an important role in all industrial and manufacturing sectors;

V.  whereas there are currently more than 240 projects funded by the eco-innovation scheme; whereas in May 2013 the Commission launched a new call to select a further 45 eco-innovation projects with novel environmental solutions; whereas the operation and funding of the CIP Eco-innovation Initiative has supported promising European developers of eco-innovation by providing the risk capital that would otherwise not be accessible;

W.  whereas for the period 2014-2020 the EU’s new Horizon 2020 programme for research and innovation is the financial instrument implementing the Innovation Union; whereas under the next Multiannual Financial Framework (MFF 2014-2020) the Eco-innovation Initiative is also covered through LIFE (Programme for the Environment and Climate Action 2014-2020);

X.  whereas there is a disturbing increase in the youth unemployment rate as well as a strong need for policies which deliver more and better job opportunities for young people;

Y.  whereas the Commission’s ‘New Skills for New Jobs’ initiative, which acknowledges cooperation with the Member States, has been welcomed by Parliament;

General policies for creating smart, sustainable growth and jobs

1.  Calls on the Commission to continue working on an EU-wide vision of eco-innovation in the context of the shift to a resource-efficient, low-carbon economy, but also to focus on concrete targets, priority areas and milestones;

2.  Supports the Commission’s Europe 2020 strategy flagship initiative, aimed at making the change, as of now, towards a sustainable economy; stresses, furthermore, that targeted investment for the ecological transformation of the EU’s regions is a very useful instrument for achieving the strategic objectives of regional convergence and territorial cohesion;

3.  Notes the potential for the direct and indirect creation of quality jobs through full implementation of the EU 2020 strategy; calls, therefore, on the Commission and the Member States to step up their efforts in this area; welcomes the Commission’s promotion of an integrated strategy for green growth under the ‘Innovation Union’ flagship initiative and, in particular, the Eco-Innovation Action Plan, as a step in the right direction;

4.  Stresses the importance of legislation as a means to increase the demand for environmental technologies; believes that the competitiveness of European production depends on Europe being a global front runner in eco-efficient goods and production;

5.  Calls on Member States to develop strategies to align workforce skills with the opportunities offered by the Green Tech sector, looking to different subsectors and their needs for qualified workers;

6.  Highlights the dual environmental and economic benefits of transition to a green sustainable economy, in terms of creating sustainable jobs, both in the EU and in the developing world, through increased participation in innovative fuel and material production, as well as the employment opportunities resulting from the processing and distribution of biomaterials for business, public, private and domestic consumers; stresses that these opportunities should create quality and sustainable jobs both for qualified and unqualified workers; recognises that a stable, long-term regulatory framework to promote sustainability should be developed using existing financial instruments;

7.  Notes the complex challenges of food security, climate change, soil quality, raw material scarcity, transformation towards renewable energy systems and energy efficiency, etc.; recognises that eco-innovation can play an important role in addressing many of these challenges; reiterates that such a transition requires a holistic approach incorporating education, training, skills development, research and innovation, private and public sector investment and infrastructure development, all of which contribute to diverse and sustainable employment opportunities;

8.  Believes that innovative European companies are in need not only of subsidies, but also of better legislation, better links to the research base and better and more diverse access to funding and financing, ranging from grants to loans and equity financing; calls, therefore, on the Member States and the Commission to create appropriate conditions at national and European level;

9.  Stresses that Green Tech jobs should not be limited to renewable energy production, increasing energy efficiency and the transport sector, since green growth is an opportunity for all sectors, which should therefore investigate development options for and raise consumer awareness of the importance of buying ‘green’ products;

10.  Believes that a speedy development of clean technology is required in order to increase the competitiveness of companies; calls, therefore, on the Commission to place eco-innovation at the centre of its industrial policy;

11.  Calls on the Commission to facilitate the development of labelling standards and clear definitions for the purpose of identifying and communicating the environmental credentials of products and services;

12.  Believes that a new sustainable economy for the EU must ensure balanced economic and social development; calls for an ambitious sustainable industrial policy with an emphasis on resource efficiency; recalls that resource efficiency and material efficiency will reduce costs for industry and households, to unlock resources for other investment and make the EU economy less dependent from scarce resources and highly volatile resource markets; stresses that the green economy needs to offer prospects for decent, well-paid jobs with equal opportunities for both men and women, with focus on the protection of the environment;

13.  Stresses that, while eco-industries today provide 3.4 million jobs and an estimated annual turnover of EUR 319 billion, the potential for creating regional growth, employment opportunities and environmental benefits remains largely untapped, and recalls, in this connection, that the cost of inaction will be high;

14.  Stresses that the success of eco-innovation requires more targeted and long-term investment which must involve, in particular, the fields of education and training, research and development, infrastructure, etc.;

15.  Welcomes existing university programmes and work training programmes which focus on ecological, economic and social sustainability; stresses that there are new educational needs to be met regarding the development of sustainable jobs;

16.  Is firmly convinced that market economy-based environmental policy can become the engine for growth and employment in all branches of the economy; stresses that predictable, investment-friendly framework conditions are the basis which will allow for innovative businesses to make the best possible use of these opportunities for the benefit of the environment and of employees;

17.  Acknowledges the fact that economic transition to new business niches can attract the young generation of workers and lead to new job opportunities in the eco-innovation spectrum;

The Eco-Innovation concept

18.  Welcomes the Commission communication ‘Innovation for a sustainable Future - The Eco-innovation Action Plan (Eco-AP)’ (COM(2011)0899);

19.  Stresses the potential synergy effects of eco‑innovation in creating sustainable quality jobs, protecting the environment and reducing economic dependency;

20.  Underlines the broad dimension of the eco-innovation concept, given that it is defined as any form of innovation aiming at progress towards the goal of sustainable development, through reducing environmental impacts and achieving a more efficient and responsible use of resources;

21.  Calls on the Commission to map different perceptions of eco-innovation and its related challenges and to build a common understanding on the different strategic opportunities eco-innovation offers for the future;

22.  Considers the Eurostat definition of ‘green jobs’ (in the environmental goods and services sector), which for example stipulates that ‘green’ technologies and products must have an environmental protection or resource management purpose as their prime objective, to be useful to avoid diverging statistics, but considers it necessary to further develop an EU- wide uniform definition of green jobs and growth, which would, for example, also include the public transport sector; deems it useful to consider a more comprehensive ‘green jobs’ definition embracing additional jobs/activities as a next step;

23.  Highlights the unexploited environmental benefit potential of eco-innovation, given that it is expected to help reduce greenhouse gas emissions, other pollutants and waste generation through, inter alia, increased use of recycled materials and production of quality products having less impact on the environment, as well as to facilitate more environment-friendly production processes and services; stresses the need to target actions on the bottlenecks and barriers that constitute obstacles to the commercialisation of eco‑innovation and the internationalisation of such products and services;

24.  Calls on the Commission to include specific eco-innovation recommendations in the European Semester in order to promote sustainable growth;

25.  Recognises that eco-innovation presents clear opportunities for new niche businesses, offering opportunities for small and medium-sized enterprises (SMEs), self-starters, the self-employed and entrepreneurs to benefit from new markets and business models, as well as revitalising existing traditional economic sectors with opportunities to make existing jobs greener by adapting to sustainable and resource‑efficient production and working methods;

26.  Calls on the Commission to develop a systematic approach to eco-innovation policy, with sound framework conditions enabling a level playing field for eco-innovation in businesses and an infrastructure, that allows businesses and consumers to make sustainable choices;

27.  Calls on the Commission and Member States to develop eco-standards for public procurement to increase the pilot customer role of public institutions;

28.  Notes, in particular, the importance of access to appropriate training and skills development within the framework of eco-innovation, in order to provide the required skilled workforce for employers, to equip young people with the necessary knowledge, skills and competences to become employable in terms of emerging innovation opportunities, and to facilitate worker transition from declining sectors to new, green sectors; highlights, in this regard, the opportunities offered by ‘rural apprenticeships’ and other forms of vocational training in developing these new skill sets;

29.  Recommends promoting the creative and innovative potential of young people to contribute to sustainable development, and improving their access to funding.

The EU, the Member States and the regions

30.  Underlines the need for mainstreaming the eco-innovation concept in all policy fields, given that eco-innovation is a cross-cutting policy area; calls on the Commission and the Member States, in this connection, to encourage cooperation across ministries and policy levels and to monitor the implementation of the policies concerned on a regular basis;

31.  Calls on all key actors to work together on green growth, innovation and jobs in each sector, and to make use of the existing instruments, such as technology platforms, skills expert panels, joint technology initiatives, lead markets, clusters and high-level industrial groups;

32.  Calls on the Commission and the Member States to draw up new legislation and strengthen the existing legislation in the field of the development and use of renewable energies and increasing energy efficiency, providing legal certainty and a level playing field, and boosting public and private investment;

33.  Calls on the Member States to improve the coordination of these policies, and in particular to support regional partnerships for growth, innovation, jobs and equal opportunities between women and men, as well as cross-border initiatives;

34.  Draws attention to the job potential of the eco-innovation concept in a sustainable economy; calls on the Commission to provide a platform enabling the Member States to coordinate their efforts in creating new sustainable jobs and growth;

35.  Urges the Member States to exchange experience and best practice in the field of employment opportunities when dealing with the economic, social and environmental impact of climate change;

36.  Calls for the horizontal integration of the concept of eco-innovation into the structural and cohesion funds; recommends that the local and regional authorities, in accordance with the legal and institutional architecture of each Member State, adopt development strategies in line with the objectives of the EU 2020 Strategy, with the aim of creating new jobs in a sustainable economy;

37.  Takes the view that the existing and proposed EU environmental legislation has significant potential to create new jobs in areas such as air, soil and water, energy, public services, agriculture, transport, tourism, forestry and environmental management, and calls on the Member States to implement this legislation;

38.  Stresses the urgency of improving the efficiency of the EU carbon market to provide investment certainty to climate-friendly technologies;

39.  Calls for the creation of stronger links between basic research and industrial innovation and between innovation and the manufacturing process; urges the Commission to initiate research/consultancy case studies on eco-innovation for every Member State;

40.  Stresses that EU eco-innovation stimulates greater resource efficiency outside our borders, thereby reducing the depletion of global resources; urges, therefore, the Member States to strengthen their national resource efficiency strategies and to share their knowledge in international forums;

41.  Underlines the importance of better integrating best practices of eco-innovation into real economy in order to make advancements more visible in people’s day-to-day life;

42.  Stresses that research forms the basis for innovation and eco-innovation; points to the great growth prospects of eco-innovation and Europe’s potential for being a worldwide leader in the field, with the opportunities that this entails for new quality jobs;

43.  Considers eco-innovation to be fully in line with the research and innovation and climate and environmental investment priorities in the coming structural fund programming period;

44.  Highlights the vital role that partnerships and synergies between the education sector, companies and local and regional authorities can play in providing the relevant training, including STEM-related skills both for men and women, career guidance, quality, funded traineeships and dual learning opportunities, in order to allow for wide access to the employment opportunities and quality jobs emerging through eco-innovation;

45.  Encourages the Member States to provide incentives for businesses, in particular SMEs, to promote greater investment in private sector research and development (R&D) activities; welcomes, in this connection, the Eco-Innovation Action Plan;

46.  Urges the Member States to enhance cross‑border co-operation in order to ensure the diffusion of technology and best practices across the EU, thereby increasing Europe’s competitiveness;

47.  Calls for the exploitation of the best eco‑innovations to be promoted, particularly in developing countries where, for example, a more effective process for charcoal production, composting toilets, use of renewable energy sources, water purification systems and numerous other innovations can, significantly and at a relatively low cost, improve quality of life, enhance health and promote sustainable entrepreneurship and employment;

48.  Urges the Member States, in the framework of providing for a socially responsible transition towards high-quality green jobs, to make use as soon as possible of the European Social Fund for programmes aimed at up-skilling, training and retraining employees;

Funding eco-innovation

49.  Points to the benefits of fiscal policies and calls on the Member States to shift taxes from employment to resource use and pollution, in order to boost eco-innovation;

50.  Urges the Commission to define environmentally harmful subsidies as ‘a result of a government action that confers an advantage on consumers or producers, in order to supplement their income or lower their costs, but in doing so, opposes sound environmental practices’; calls on the Commission and the Member States to adopt without delay concrete plans for phasing out all environmentally harmful subsidies based on this definition;

51.  Calls on the Commission and the Member States to progressively phase out by 2020 all environmentally harmful subsidies, including subsidies and financial support on fossil fuels, and subsidies that incentivise the inefficient use of renewable resources, and to report on progress through the National Reform Programmes;

52.  Stresses that eco-innovation should benefit from the emerging EU financial instruments and vehicles of the Innovation Union and Resource-Efficient Europe Flagships, as well as the post-2013 Cohesion Policy and Horizon 2020;

53.  Considers it important that eco-innovations and environmental technologies be financially and competitively viable in the long term; considers that public investment support should encourage environmentally friendly production methods in cases where public support is given;

54.  Welcomes the eco-innovation funding possibilities within the Common Agricultural Policy, and also under the COSME, Horizon 2020 and LIFE programmes, while insisting that more funding be made available to increase the practical application of eco-innovations already developed;

55.  Calls on the Commission to implement the necessary instruments and allocate sufficient budget resources to ensure a smooth transition between the CIP and Horizon 2020 programmes as regards eco-innovation, and to ease the procedural constraints and financial burden on small and medium-sized businesses; recalls that gender balanced participation in decision-making in all phases and aspects of funding is essential;

56.  Urges Member States to include eco-innovation in their strategies for the 2014-2020 period as a means of promoting the green economy, growth and new jobs, thereby ensuring the development of entrepreneurship on a level playing field and underpinning co-operation between the worlds of education, business and science;

57.  Stresses that, although current priority areas for the Eco-Innovation 2012 Call are limited to a number of focus areas, the Eco-Innovation Initiative is a cross-cutting programme that supports eco-innovative projects in different sectors; reiterates, therefore, that all sectors and business activities should be eligible for funding;

58.  Invites the Commission, specifically, to programme clearly-defined, focused and reinforced resources for market replication projects, risk capital, networking and internationalisation for eco-innovations and their commercialisation in the EU by SMEs;

59.  Believes, since new business models are starting to shake up traditional supply chains, that the ability to take account of globalisation and its effects on the EU economy and supply chains over the next funding period should be better reflected in the priorities for the Eco-innovation Initiative;

60.  Believes that the potential of SMEs and cooperatives in promoting eco-innovation is not yet exhausted; calls, therefore, for specific funding possibilities for SMEs and cooperatives with regard to eco-innovation concepts;

61.  Is convinced that innovative financial tools are needed in order to improve the opportunities for capacity building and networking;

62.  Emphasises that an increase in funds must be coupled with a simplification of funding procedures;

63.  Points out that the future cohesion policy includes a smart specialisation strategy as an ex-ante conditionality for EU regions; encourages the regions to launch awareness raising campaigns aimed at all target groups with a view to integrating eco-innovation into regional and national smart specialisation strategies;

o
o   o

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

(1) OJ C 74 E, 13.3.2012, p. 11. (2) OJ C 264 E, 13.9.2013, p. 59. (3) OJ C 56 E, 26.2.2013, p. 106. (4) OJ C 251 E, 31.8.2013, p. 75.. (5) OJ C 199 E, 7.7.2012, p. 15. (6) OJ C 380 E, 11.12.2012, p. 89. (7) OJ C 377 E, 7.12.2012, p. 108. (8) OJ C 332 E, 15.11.2013, p. 81. (9) OJ C 308 E, 20.10.2011, p. 6. (10) OJ C 353 E, 3.12.2013, p. 38. (11) OJ C 81 E, 15.3.2011, p. 115. (12) OJ C 56 E, 26.2.2013, p. 1.

European Parliament legislative resolution of 12 December 2013 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures (13283/1/2013 – C7-0411/2013 – 2011/0039(COD))

P7_TA(2013)0585 A7-0421/2013

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (13283/1/2013 – C7–0411/2013),

–  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2011)0082),

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

–  having regard to Rule 72 of its Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on International Trade (A7-0421/2013),

1.  Approves the Council position at first reading;

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

3.  Takes note of the Member States' statement and the Commission statements annexed to this resolution;

4.  Notes that the act is adopted in accordance with the Council position;

5.  Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

6.  Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union, together with all the statements annexed to this resolution;

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

ANNEX TO THE LEGISLATIVE RESOLUTION

Joint Statement regarding Article 15(6) of Regulation (EC) No 1225/2009 and Article 25(6) of Regulation (EC) No 597/2009

The European Parliament, the Council and the Commission consider that the inclusion of Article 15(6) of Regulation (EC) No 1225/2009 and Article 25(6) of Regulation (EC) No 597/2009 is justified exclusively on the basis of the specific characteristics of those Regulations before their amendment by this Regulation. As a consequence, the inclusion of a provision, such as those Articles, is exceptional to those two Regulations and is not a precedent for the drafting of future legislation.

For the sake of clarity, the European Parliament, the Council and the Commission understand that Article 15(6) of Regulation (EC) No 1225/2009 and Article 25(6) of Regulation (EC) No 597/2009 do not introduce decision-making procedures different from or additional to those provided for in Regulation (EU) No 182/2011.

Member States' statement on the application of Articles 3(4) and 6(2) of Regulation (EU) No 182/2011 in connection with anti-dumping and countervailing duty proceedings pursuant to Regulations (EC) No 1225/2009 and (EC) No 597/2009

Where a Member State suggests an amendment with respect to either anti-dumping or countervailing duty draft measures provided for in Regulations (EC) No 1225/2009 and (EC) No 597/2009 (the “Basic Regulations”), in accordance with Article 3(4) or Article 6(2) of Regulation (EU) No 182/2011 it will:

(a)  ensure that the amendment is proposed in a timely manner, which respects the deadlines in the Basic Regulations and reflects the necessity for the Commission to be given sufficient time to undertake any necessary disclosure procedure, properly scrutinise the proposal, and for the Committee to examine any amended draft measure proposed;

(b)  ensure that the proposed amendment is consistent with the Basic Regulations as interpreted by the Court of Justice of the European Union and with relevant international obligations;

(c)  provide written justification which will, as a minimum, indicate how the suggested amendment relates to the Basic Regulations and to the facts established in the investigation, but may also contain such other supporting arguments as the Member State proposing the amendment considers appropriate.

Commission statement

in connection with anti-dumping and countervailing duty proceedings pursuant to Regulations (EC) No 1225/2009 and (EC) No 597/2009

The Commission recognises the importance of Member States receiving information where provided for in Regulations (EC) No 1225/2009 and (EC) No 597/2009 (the "Basic Regulations") such as to enable them to contribute to fully informed decisions, and it will act to achieve that objective.

* * *

For the avoidance of doubt, the Commission understands the reference to consultations in Article 8(5) of Regulation (EU) No 182/2011 as requiring the Commission, except in cases of extreme urgency, to seek the views of the Member States before adopting provisional anti-dumping or countervailing duties.

* * *

The Commission will ensure that it effectively manages all aspects of anti-dumping and countervailing duty procedures provided for in Regulations (EC) No 1225/2009 and (EC) No 597/2009, including the possibility of Member States to suggest amendments, in order to ensure that the time periods laid down in, and the obligations towards interested parties created by, the Basic Regulations are respected and that any measures finally imposed are consistent with the facts established by the investigation and the Basic Regulations as interpreted by the Court of Justice of the European Union and in line with the international obligations of the Union.

Commission Statement on codification

The adoption of Regulation (EU) No 37/2014 of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures and Regulation (EU) No 38/2014 of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures will entail a substantial number of amendments to the acts in question. In order to improve the legibility of the acts concerned, the Commission will propose a codification of the acts as expeditiously as possible once those two Regulations are adopted, and at the latest by 1 June 2014.

Commission Statement on delegated acts

In the context of Regulation (EU) No 37/2014 of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures and Regulation (EU) No 38/2014 of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures, the Commission recalls the commitment it has made in paragraph 15 of the Framework Agreement on relations between the European Parliament and the European Commission to provide to the Parliament full information and documentation on its meetings with national experts within the framework of its work on the preparation of delegated acts.

(1) OJ C 251 E, 31.8.2013, p. 126.

European Parliament legislative resolution of 12 December 2013 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures (13284/1/2013 – C7-0408/2013 – 2011/0153(COD))

P7_TA(2013)0586 A7-0419/2013

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (13284/1/2013 – C7–0408/2013),

–  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2011)0349),

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

–  having regard to Rule 72 of its Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on International Trade (A7-0419/2013),

1.  Approves the Council position at first reading;

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.  Notes that the act is adopted in accordance with the Council position;

5.  Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

6.  Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union, together with all the statements annexed to this resolution;

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

ANNEX TO THE LEGISLATIVE RESOLUTION

Joint statement on Regulation (EEC) No 3030/93 and Regulation (EC) No 517/94

It is noted that that the procedures provided for in Article 2(6), Article 6(2), Articles 8 and 10, Article 13(3), Article 15(3), (4) and (5) and Article 19 of Regulation (EEC) No 3030/93, Article 4(3) of Annex IV to Regulation (EEC) No 3030/93, and Article 2, Article 3(1) and (3) of Annex VII to Regulation (EEC) No 3030/93, and Article 3(3), Article 5(2), Article 12(3) and Articles 13 and 28 of Regulation (EC) No 517/94, are converted into procedures for the adoption of delegated acts. It is noted that some of those Articles refer to decision-making procedures for the adoption of safeguard measures in the field of trade defence.

The European Parliament, the Council and the Commission consider that safeguard measures are to be treated as implementing measures. Exceptionally, in the specific existing Regulations referred to above, the measures take the form of delegated acts as the introduction of a safeguard measure takes the form of an amendment to the relevant annexes to the Basic Regulations. This derives from the particular structure which is specific to the existing Regulations referred to above and, as a consequence, will not be used as a precedent for the drafting of future trade defence instruments and other safeguard measures.

Commission statement on codification

The adoption of Regulation (EU) No. 37/2014 of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures and Regulation(EU) No 38/2014 of the European parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures will entail a substantial number of amendments to the acts in question. In order to improve the legibility of the acts concerned, the Commission will propose a codification of the acts as expeditiously as possible once those two Regulations are adopted, and at the latest by 1 June 2014.

Commission statement on delegated acts

In the context of Regulation (EU) No 37/2014 of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures and Regulation (EU) No 38/2014 of the European Parliament and of the Council amending certain regulations relating to the common commercial policy as regards the granting of delegated and implementing powers for the adoption of certain measures, the Commission recalls the commitment it has made in paragraph 15 of the Framework Agreement on relations between the European Parliament and the European Commission to provide to the Parliament full information and documentation on its meetings with national experts within the framework of its work on the preparation of delegated acts.

(1) Texts adopted of 22.11.2012, P7_TA(2012)0447.

Amendments adopted by the European Parliament on 12 December 2013 on the proposal for a directive of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (COM(2013)0266 – C7-0125/2013 – 2013/0139(COD))(1)

P7_TA(2013)0587 A7-0398/2013

(Ordinary legislative procedure: first reading)

[Amendment No 1 unless otherwise stated]

AMENDMENTS BY THE EUROPEAN PARLIAMENT(2)

P7_TA(2013)0587 A7-0398/2013

to the Commission proposal

P7_TA(2013)0587 A7-0398/2013

---------------------------------------------------------

P7_TA(2013)0587 A7-0398/2013

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the proposal for a directive of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features
(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

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

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

[...]

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)  In accordance with Article 26(2) TFEU the internal market is to comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. Fragmentation of the internal market is detrimental to competitiveness, growth and job creation within the Union. Eliminating direct and indirect obstacles to the proper functioning of the internal market is essential for its completion. Union action with respect to the internal market in the retail financial services sector has already substantially contributed to developing cross-border activity of payment service providers, improving consumer choice and increasing the quality and transparency of the offers.

(2)  In this respect, Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC, and 2006/48/EC and repealing Directive 97/5/EC(4) ("Payment Services Directive") [...] established basic transparency requirements for fees charged by payment service providers in relation to services offered on payment accounts. This has substantially facilitated the activity of payment service providers, creating uniform rules with respect to the provision of payment services and the information to be provided, reduced the administrative burden and generated cost savings for payment service providers.

(2a)  The smooth functioning of the internal market and the development of a modern, socially inclusive economy increasingly depends on the universal provision of payment services. Given that payment service providers, acting in accordance with market logic, tend to focus on commercially attractive consumers and effectively leave vulnerable consumers without the same choice of products, new legislation in this regard must be part of a smart economic strategy for the Union.

(3)  However, as indicated by the European Parliament in its resolution of 4 July 2012 with recommendations to the Commission on Access to Basic Banking Services(5), more must be done to improve and develop the internal market for retail banking. Such developments should go hand in hand with making the financial sector in the Union serve businesses and consumers. Currently, the lack of transparency and comparability of fees as well as the difficulties in switching payment accounts still pose barriers to the deployment of a fully integrated market. The problem of divergent product quality and low competition in retail banking must be tackled and high-quality standards must be achieved.

(4)  The current conditions of the internal market may deter payments services providers from exercising their freedom to establish or to provide services within the Union because of the difficulty in attracting customers when entering a new market. Entering new markets often entails large investments. Such investments are only justified if the provider foresees sufficient opportunities and a corresponding demand from consumers. The low level of mobility of consumers with respect to retail financial services is to a large extent due to the lack of transparency and comparability as regards the fees and services on offer, as well as difficulties in relation to the switching of payment accounts. These factors also stifle demand. This is particularly true in the cross-border context.

(5)  Moreover, significant barriers to the completion of the internal market in the area of payment accounts may be created by the fragmentation of existing national regulatory frameworks. Existing provisions at national level with respect to payment accounts, and particularly with respect to the comparability of fees and payment account switching diverge. For switching, the lack of uniform binding measures at Union level has led to divergent practices and measures at national level. These differences are even more marked in the area of comparability of fees, where no measures, even of a self-regulatory nature, exist at Union level. Should these differences become more significant in the future, as banks tend to tailor their practices to national markets, this would raise the cost of operating cross-border relative to the costs faced by domestic providers and therefore make the pursuit of business cross-border less attractive. Cross-border activity in the internal market is hampered by obstacles to consumers opening a payment account abroad. Existing restrictive eligibility criteria may prevent Union citizens from moving freely within the Union. Providing all consumers with access to a payment account will permit their participation in the internal market and allow them to obtain the benefits of the internal market.

(6)  Moreover, since some prospective customers do not open accounts, either because they are denied them or because they are not offered adequate products the potential demand for payment account services in the Union is currently not fully exploited. Wider consumer participation in the internal market would further incentivise payment service providers to enter new markets. Also, creating the conditions to allow all consumers to access a payment account is a necessary means to foster their participation in the internal market and to allow them to reap the benefits the internal market has brought about.

(7)  Transparency and comparability of fees have been addressed in a self-regulatory initiative, initiated by the banking industry. However, no final agreement was found on these guidelines. As regards switching, the common principles established in 2008 by the European Banking Industry Committee provide a model mechanism for switching between bank accounts offered by payment service providers located in the same Member State. However, given their non-binding nature, these common principles have been applied in an inconsistent manner throughout the Union and with ineffective results. Moreover, the Common Principles only address bank account switching at national level and do not address cross-border switching. Finally, as regards access to a basic payment account, [...] Commission Recommendation 2011/442/EU [...](6) invited Member States to take the necessary measures to ensure its application at the latest six months after its publication. To date, only few Member States comply with the main principles of the Recommendation.

(8)  In order to enable effective and smooth financial mobility in the long term, it is vital to establish a uniform set of rules to tackle the issue of low customer mobility and in particular to improve comparison of payment account services and fees and to incentivise payment account switching as well as avoid that consumers who intend to purchase a payment account cross-border are discriminated on the basis of residency. Moreover, it is essential to adopt adequate measures to foster customers' participation in the payment accounts market. These measures will incentivize entry for payment service providers in the internal market and ensure a level playing field, thereby strengthening competition and the efficient allocation of resources within the Union financial retail market to the benefit of businesses and consumers. Also, transparent fee information and switching possibilities combined with the right of access to basic account services will allow Union citizens to move and shop around more easily within the Union and therefore benefit from a fully functioning internal market in the area of retail financial services and contribute the growth of e-commerce and to further development of the internal market.

(8a)  It is also vital to ensure that this Directive does not hamper innovation in the area of retail financial services. Each year, new technologies become viable, which may render the current model of payment accounts out of date. In particular, mobile banking services, peer-to-peer services and stored value payment cards must be encouraged as alternatives to traditional banking services.

(9)  This Directive applies to payment accounts held by consumers. Consequently, accounts held by businesses, even small or micro enterprises, unless held in a personal capacity, are outside its scope. Furthermore, this Directive does not cover savings accounts, which may have more limited payments functions. Also, this Directive does not cover credit cards, which are not central to achieving its objectives of enhancing financial inclusion and the functioning of the internal market.

(10)  The definitions contained in the Directive are aligned with those contained in other Union legislation, and in particular those of Directive 2007/64/EC and those of Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009(7).

(11)  It is vital for consumers to be able to understand fees so that they can compare offers from different payment service providers and make informed decisions as to which account is most suitable for their needs. Comparison between fees cannot be achieved where payment service providers use different terminology for the same ▌services and provide information in different formats. Standardised terminology, coupled with ▌fee information for the most representative services linked to payment accounts in a consistent format, can help consumers to both understand and compare fees.

(12)  Consumers would benefit most from information that is as concise as possible, standardised and easy to compare between different payment service providers. The tools made available to consumers to compare payment account offers should be multi-fold and consumer testing must be conducted. At this stage, fee terminology should be standardised only for the most representative terms and definitions within Member States in order to facilitate swift implementation.

(13)  The fee terminology should be determined by national competent authorities, allowing for consideration of the specificities of local markets. ▌Where possible, fee terminology should be standardised at Union level, thus allowing for comparison across the Union. The European Supervisory Authority (European Banking Authority) ('EBA') should establish guidelines to assist Member States to determine the services which are most commonly used and cause the highest cost to consumers at national level. In order to achieve the effective application of standardised terminology, such definitions should be sufficiently broad.

(14)  Once national competent authorities have determined a provisional list of the most representative services linked to payment accounts at national level together with terms and definitions, the Commission should review them to identify, by means of delegated acts, the services that are common to the majority of Member States and propose standardised Union level terms ▌.

(15)  In order to help consumers compare payment account fees throughout the internal market easily, payment service providers should provide consumers with a comprehensive fee information document that states the fees for all services linked to the payment account contained in the list of the most representative services and any further fees that can be applied to the account. The fee information document should use the standardised terms and definitions established at Union level, where possible. This would also contribute towards establishing a level playing field between credit institutions competing in the payment account market. ▌In order to help consumers understand the fees they have to pay for their payment account, a glossary providing clear, non-technical and unambiguous explanations for at least the ▌services linked to the payment account and the related definitions and explanations should be made available to them. The glossary should serve as a useful tool to encourage a better understanding of the meaning of fees, contributing towards empowering consumers to choose from a wider choice of payment account offers. An obligation should also be introduced for payment service providers to inform consumers, free of charge and at least annually, of all fees and the interest applied to on their account. Ex-post information should be provided in a dedicated summary. It should provide a complete overview of interest earned, fees incurred and pre-notifications of modifications to fees or interest rates. The consumer should be given the information necessary to understand what fee expenditures and interests relate to, and to assess the need to either modify consumption patterns or move to another provider. ▌

(16)  To meet the needs of consumers, it is necessary to ensure that fee information on payment accounts is accurate, clear and comparable. EBA should therefore, after consulting national authorities and after consumer testing, develop draft implementing technical standards regarding a standardised presentation format for the fee information document and the statement of fees and the common symbols, in order to ensure that they are understandable and comparable for consumers. ▌The fee information document and statement of fees should be clearly distinguishable from other communications. ▌

(17)  In order to ensure [...]consistent use of applicable Union level terminology across the Union, Member States should establish an obligation for payment service providers to use the applicable Union level terminology together with the remaining national standardised terminology identified in the provisional list when communicating with consumers, including in the fee information document and the statement of fees. Payment service providers should be able to use brand names in the fee information document or the statement of fees to designate their services or payment accounts provided that this is additional to the standardised terminology and as a secondary designation of the services or account offered.

(18)  Independent comparison websites are an effective means for consumers to assess the merits of different payment account offers in a single space. Such websites can provide the right balance between the need for information to be clear and concise, yet complete and comprehensive, by enabling users to obtain more detailed information where this is of interest to them. They can also reduce search costs as consumers will not need to collect information separately from payment service providers. It is crucial that the information given on such websites is trustworthy, impartial and transparent and that consumers are informed of their availability. In this regard, competent authorities should actively inform the public of such websites.

(19)  In order to obtain impartial information on ▌fees charged and interest rates applied on payment accounts, consumers should be able to access comparison websites which are publicly accessible and independent from payment service providers. Member States should therefore ensure that consumers have free access to at least one independent and publicly accessible website ▌in their respective territories. Such comparison websites may be operated by, or on behalf of, the competent authorities, other public authorities and/or accredited private operators. In order to increase consumer trust in further available comparison websites, Member States should establish a voluntary accreditation scheme allowing private operators of comparison websites to apply for accreditation in accordance with specified quality criteria. A comparison website operated by, or on behalf of, a competent authority or other public authority should be established where a privately operated website has not been accredited. Such websites should also comply with the quality criteria.

(20)  It is current practice for payment service providers to offer a payment account in a package with other financial products or services. This practice can be a means for payment service providers to diversify their offer and to compete against each other, and in the end it can be beneficial for consumers. However the Commission study on tying practices in the financial sector conducted in 2009 as well as relevant consultations and consumer complaints have showed that payment service providers may offer bank accounts packaged with products not requested by consumers and which are not essential for payment accounts, such as household insurance. Moreover, it has been observed that these practices may reduce transparency and comparability of prices, limit purchasing options for consumers and negatively impact upon their mobility. Therefore, Member States should ensure that when payment service providers offer packaged payment accounts consumers are provided with information on whether it is possible to buy the payment account separately and if so on the applicable cost and fees associated with each of the other financial products or services included in the package. ▌

(21)  Consumers [...] only have an incentive to switch accounts if the process does not entail an excessive administrative and financial burden. The procedure for switching payment accounts to another payment service provider should be clear, quick and safe. If fees are charged by payment service providers in relation to the switching service, they should be reasonable and in accordance with Article 45(2) of Directive 2007/64/EC. In order to have a positive impact on competition, switching should also be facilitated at cross-border level. Given that switching cross-border could be more complex than the switching at national level and may require payment service providers to adapt and refine their internal procedures, longer transitional periods should be provided with regard to a switching service between payment service providers located in different Member States.

(21a)  Member States should be allowed, with regard to switching where both payment service providers are located in their territory establish or maintain arrangements that differ from those provided for in this Directive if this is clearly in the interests of the consumer.

(22)  The switching process should be as straightforward as possible for the consumer. Accordingly Member States should ensure that the receiving payment service provider is responsible for initiating and managing the process on behalf of the consumer.

(23)  As a general rule and provided that the consumer has provided consent, the receiving payment service provider should perform, on behalf of the consumer, the switch of the recurring payments, as well as transfer any remaining positive balance, ideally within a single meeting with the receiving payment service provider. To this end, consumers should be able to sign one authorisation to provide or withhold consent to the mentioned tasks. Before giving the authorisation the consumer should be informed of all the steps of the procedure necessary to complete the switch.

(24)  The co-operation of the transferring payment service provider is necessary for the switch to be successful. The receiving payment service provider should be able to ask either the consumer or, where necessary, the transferring payment service provider to provide the information it considers necessary to reinstate the recurrent payments on the new payment account. However, such information should not exceed what is necessary to carry out the switch and the receiving payment service provider should not ask for superfluous information.

(25)  Consumers should not be subject to penalties or any other financial detriment caused by the misdirection of incoming credit transfers or direct debits. This is particularly important for certain categories of payer and payee, such as utilities companies, which use electronic means (e.g. databases) to store information on consumers' account details and perform numerous periodical transactions involving large numbers of consumers.

(26)  Member States should guarantee that consumers who intend to open a payment account are not discriminated against on the basis of their nationality or place of residence. While it is important for payment service providers to ensure that their customers are not using the financial system for illegal purposes such as fraud, money laundering or terrorism financing, they should not impose barriers to consumers who want to benefit from the advantages of the internal market by purchasing payment accounts cross-border.

(27)  Consumers who are legally resident in the Union should not be discriminated against by reason of their nationality or place of residence, or on any other ground referred to in Article 21 of the Charter of Fundamental rights of the European Union when applying for, or accessing, a payment account within the Union. Furthermore, access to payment accounts with basic features should be ensured by Member States irrespective of the consumer's financial circumstances, such as their employment status, level of income, credit history or personal bankruptcy.

(28)  Member States should ensure that payment accounts with basic features as referred to in this Directive are offered to consumers by all payment service providers that operate in general retail payment services and offer payment accounts as an integral part of their regular business. Access should not be overly difficult and should not entail excessive costs for consumers. The right to access a payment account with basic features in any Member State should be granted in accordance with Directive 2005/60/EC of the European Parliament and of the Council(8), in particular with regard to customer due diligence procedures. At the same time, the provisions of that Directive alone should not be used as a ground for rejecting commercially less attractive consumers. A mechanism should be in place to assist consumers with no fixed address asylum seekers and consumers who are not granted a residence permit but whose expulsion is impossible for legal reasons to meet the requirements of Chapter II of Directive 2005/60/EC.

(28a)  In order for users of payment accounts with basic features to be serviced in an appropriate way, Member States should require providers to ensure that relevant staff are adequately trained and that potential conflicts of interest do not affect those customers negatively.

(29)  Member States should be able to require that payment service providers verify whether the consumer already holds an active and equivalent payment account in the same territory and require the consumer to sign a declaration of honour to that effect. Payment services providers should not be able to refuse an application for access to a payment account with basic features except in the cases specifically identified in this Directive.

(29a)  Member States should ensure that payment service providers process applications within the deadlines laid down in this Directive and that in case of refusal the payment service providers inform the consumer of the specific reasons for it unless such disclosure would be contrary to the objectives of national security or financial crimes.

(30)  Consumers should be guaranteed access to a range of basic payment services. Member States should ensure that, provided that a payment account with basic features is operated by the consumer for personal use, there are no limits to the number of operations which will be provided to the consumer under the specific pricing rules laid down in this Directive. In determining what should be considered as personal use, Member States should take into account existing consumer behaviour and common commercial practice. Services linked to basic payment accounts should include the facility to place and withdraw money. Consumers should be able to undertake essential payment transactions such as receiving income or benefits, paying bills or taxes and purchasing goods and services, including via direct debit, credit transfer and the use of a payment card. Such services should allow the purchase of goods and services online and should give consumers the opportunity to initiate payment orders via the payment service provider's online banking facility, where available. However, a payment account with basic features should not be restricted to online usage as this would create an obstacle for consumers without internet access. Consumers should not be given access to an overdraft facility with a payment account with basic features. However, Member States may allow payment services providers to offer overdraft facilities and other credit products as clearly separated services to basic payment account customers, provided that the access to, or use of, the payment account with basic features is not restricted by, or made conditional on, the purchase of such credit services. Any fees charged for those services should be transparent and at least as favourable as the usual pricing policy of the provider.

(31)  In order to ensure that basic payment accounts are available to the widest possible range of consumers, they should be offered free of charge or for a reasonable fee. Member States should require payment service providers to ensure that the payment account with basic features is always the payment account with the lowest fee for the provision of the minimum package of payment services specified within the Member State. Furthermore, any additional fees charged to the consumer for non-compliance with the terms laid down in the contract should be reasonable and never higher than the usual pricing policy of the provider.

(32)  The payment service provider should refuse to open or should terminate a contract for a payment account with basic features only in specific circumstances, for example in the event of non-compliance with the legislation on money laundering and terrorist financing or on the prevention and investigation of crimes. Even in these cases, a refusal can only be justified where the consumer does not comply with the provisions of that legislation and not because the procedure to check compliance with the legislation is too burdensome or costly.

(33)  Member States should ensure that adequate measures are in place to raise awareness about the availability of payment accounts with basic features and the procedures and conditions for their use as laid down in this Directive. Member States should ensure that communication measures are sufficient and well-targeted in particular reaching out to unbanked, vulnerable and mobile consumers. Payment service providers should actively make available to consumers accessible information and adequate assistance about the specific features of the payment account with basic features on offer, their associated fees and the conditions of use and also the steps consumers should follow to exercise their right to open a payment account with basic features. In particular, consumers should be informed that the purchase of additional services is not compulsory in order to access a payment account with basic features. In order to minimise the risk that consumers become financially excluded, Member States should improve financial education, including at school, and combat over-indebtedness. Furthermore, Member States should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and independent financial education.

(34)  Member States should designate competent authorities that are empowered to ensure enforcement of this Directive and that are granted investigation and enforcement powers. Designated competent authorities should be independent from payment service providers and should have adequate resources for the performance of their duties. Member States should be able to designate different competent authorities in order to enforce the wide ranging obligations laid down in this Directive.

(35)  Consumers should have access to effective and efficient out-of-court complaint and redress procedures for the settlement of disputes arising out of rights and obligations established under this Directive. Access to alternative dispute resolution procedures should be easy and the competent bodies should fulfil a number of criteria such as equal representation of providers and users. Such access is already ensured by Directive 2013/…/EU insofar as relevant contractual disputes are concerned. However, consumers should also have access to out-of-court redress procedures in the event of -pre-contractual disputes concerning rights and obligations established by this Directive, e.g. when they are denied access to a payment account with basic features. Compliance with the provisions laid down in this Directive requires the processing of consumers' personal data. Such processing is governed by 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(9). This Directive should therefore comply with the rules established in Directive 95/46/EC and the national laws implementing them.

(36)  In order to attain the objectives laid down in this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of identifying the standardised terminology at Union level for payment services common to a number of Member States and the related definitions for these terms

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(38)  On an annual basis, and for the first time within three years from entry into force of this Directive, Member States should obtain reliable annual statistics on the functioning of the measures introduced by the present Directive. They should use any relevant sources of information and communicate that information to the Commission. The Commission should provide an annual report on the basis of the information received.

(39)  A review of this Directive should be carried out four years after its entry into force in order to take account of market developments, such as the emergence of new types of payment accounts and payment services, 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 consumer understanding of payment account fees, the comparability of payment accounts and the ease of switching accounts. It should also determine how many basic payment accounts have been opened including by previously unbanked consumers, the periods for which such accounts are held, the number of refusals to open basic payment accounts and the number of closures of such accounts and the reasons for them, as well as the associated charges. It should also assess whether extended deadlines for payment service providers performing cross-border switching are to be maintained for a longer period. Also, it should assess whether the provisions on the information to be provided by payment service providers when offering packaged products are sufficient or whether additional measures are needed. The Commission should submit a report to the European Parliament and the Council accompanied, if appropriate, by legislative proposals.

(40)  This Directive respects fundamental rights and observes the principles recognised by the Charter of the Fundamental Rights of the European Union in accordance with Article 6(1) of the Treaty on European Union.

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

(41a)  A Member State should be able to decide, subject to the approval of the Commission, to exempt payment service providers from offering a payment account with basic features. The Commission should approve the exemptions only where a level playing field among all payment service providers is guaranteed, the right of access for consumers is not undermined and basic account customers do not face the risk of stigmatisation. The approval shall not result in a situation where only a single payment service provider would offer this payment account with basic features in a Member State. [Am. 3]

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

1.  This Directive lays down rules concerning the transparency and comparability of fees charged to consumers on their payment accounts held within the European Union and provided by payment service providers located in the Union and rules concerning the switching of payment accounts within the Union.

2.  This Directive also defines a framework for the rules and conditions according to which Member States shall guarantee a right for consumers to open and use payment accounts with basic features in the Union.

3.  The opening and use of a payment account with basic features, pursuant to this Directive shall be in conformity with the provisions of Chapter II of Directive 2005/60/EC.

3a.  Without prejudice to Articles 15 to 19, a payment account with basic features shall be considered to be a payment account for the purposes of this Directive.

4.  This Directive shall apply to payment service providers located in the Union.

Article 2

Definitions

For the purposes of this Directive, the following definitions [...] apply:

(a)  ‘consumer’ means any natural person who is acting for purposes which are outside his trade, business, craft or profession;

(aa)  'legally resident' refers to the status of a citizen of the Union or third-country national who is legally residing in the territory of the Union, including persons seeking asylum under the Geneva Convention of 28 July 1951 relating to the status of the refugees, the Protocol of 31 January 1967 thereto and other relevant international treaties;

(b)  ‘payment account’ means an account held in the name of one or more payment service users which is used for the execution of payment transactions;

(c)  'payment service' means a payment service as defined in Article 4(3) of Directive 2007/64/EC;

(ca)  'services linked to the payment account' mean all services linked to the operation of a payment account, including payment services and payment transactions within the scope of point (g) of Article 3 of Directive 2007/64/EC;

(d)  'payment transaction' means an act, initiated by the payer or by the payee, of placing, transferring or withdrawing funds, irrespective of any underlying obligations between the payer and the payee;

(e)  'payment service provider' means a payment service provider as defined in Article 4(9) of Directive 2007/64/EC save for the purposes of Chapter IV, where it means all payment service providers located in the territory of the Member States which operate in general retail payment services and that offer payment accounts as an integral part of their regular business;

(f)  'payment instrument' means a payment instrument as defined in Article 4(23) of Directive 2007/64/EC;

(g)  'transferring payment service provider' means the payment service provider from which the information on all or some recurrent payments is transferred;

(h)  'receiving payment service provider' means the payment service provider to which the information on all or some recurrent payments is transferred;

(i)  'payer' means a natural or legal person who holds a payment account and allows a payment order from that payment account or, where there is no payer's payment account, a natural or legal person who makes a payment order to a payee's payment account;

(j)  'payee' means a natural or legal person who is the intended recipient of funds which have been the subject of a payment transaction;

(k)  'fees' means all charges and penalties, if any, payable by the consumer to the payment service provider for or in relation to services linked to the payment account;

(ka)  'credit interest rate' means any interest rate paid to the consumer in relation to holding funds on a payment account;

(l)  ‘durable medium’ means any instrument which enables the consumer or the payment services provider to store information addressed personally to that consumer in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

(m)  'switching' means, upon a consumer's request, transferring from one payment service provider to another the information about all or some standing orders for credit transfers, recurring direct debits and recurring incoming credit transfers executed on a payment account, with or without transferring the positive account balance from one payment account to the other or closing the former account. Switching does not imply the transfer of the contract from the transferring payment provider to the receiving payment service provider;

(n)  'direct debit' means a payment service debiting a payer's payment account, where a payment transaction is initiated by the payee with the payer's consent;

(o)  'credit transfer' means a ▌payment service for crediting a payee’s payment account with a payment transaction or a series of payment transactions from a payer’s payment account by the payment service provider which holds the payer’s payment account, based on an instruction given by the payer;

(p)  'standing order' means a service, crediting at regular intervals a payee's payment account with a series of payment transactions from a payer's payment account, executed by the payment service provider which holds the payer's payment account on the basis of an instruction given by the payer;

(q)  'funds' means banknotes, coins and scriptural money as well as electronic money as defined in Article 2(2) of Directive 2009/110/EC;

(r)  'framework contract' means payment service contract which governs the future execution of individual and successive payment transactions and which may contain the obligation and conditions for setting up a payment account;

(ra)  'business day' means a business day as defined in Article 4(27) of Directive 2007/64/EC.

Article 3

Standardised terminology linked to payment accounts

1.  Member States shall ensure that the competent authorities referred to in Article 20, determine a provisional list of the most representative services linked to payment accounts at national level. The list shall cover at least the 10 most representative services available at national level. It shall contain terms and definitions for each of the services identified, whereby in any official language of the Member State only one term shall be used for each service.

2.  For the purposes of paragraph 1, the competent authorities shall have regard to the services that:

(a)  are most commonly used by consumers in relation to their payment account;

(b)   generate the highest cost for consumers, both overall as well as per unit;

In order to ensure the sound application of those criteria for the purposes of paragraph 1, EBA shall develop guidelines pursuant to Article 16 of Regulation (EU) No 1093/2010 to assist the competent authorities.

3.  Member States shall notify to the Commission the provisional lists referred to in paragraph 1 by ... [12 months after the date of entry into force of this Directive]. On request, Member States shall provide the Commission with complementary information concerning the data on the basis of which they have compiled those lists with regard to the criteria referred to in paragraph 2.

4.  The Commission shall be empowered to adopt delegated acts, in accordance with Article 24, ▌setting out, on the basis of the provisional lists submitted pursuant to paragraph 3, of Union standardised terminology for the services linked to payment accounts which are common to at least a majority of Member States. The Union standardised terminology shall be clear and concise and shall include common terms and definitions for the common services. In any official language for each Member State, only one term shall be used for each service.

5.  After [...] publication in the Official Journal of the European Union of the delegated acts referred to in paragraph 4, each Member State shall without delay and in any event within one month integrate the Union standardised terminology adopted pursuant to paragraph 4 into the provisional list referred to in paragraph 1 and shall publish this list.

Article 4

Fee information document and glossary

1.  Member States shall ensure that in good time before entering into a contract for a payment account with a consumer, payment service providers provide the consumer with a comprehensive fee information document. The fee information document shall state all available services linked to the payment account which are contained in the list of the most representative services referred to in Article 3(5) and the corresponding fees for any service. It shall also contain any further fees and interest rates that can be applied to the account. In order to distinguish the fee information document from commercial or contractual documentation, it shall include a common symbol at the top of the first page. Member States shall ensure that payment service providers inform consumers about any modifications of fees and make available to the consumer an updated fee information document, where appropriate.

Where the fee for a service is valid only for certain communication channels, such as online or through a branch, or where the fee varies according to the channel used, this shall be clearly indicated in the fee information document.

1a.  Member States shall ensure that payment service providers do not levy any fees not listed in the fee information document.

2.  Where one or more payment services ▌is offered as part of a package of payment services, the fee information document shall disclose the fee for the entire package, the services included in the package and their number, and the fee for any service that is not covered by the package fee. ▌

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5.  Member States shall establish an obligation for payment service providers to make available to consumers a glossary of all services referred to in paragraph 1 and the related definitions and explanations.

Member States shall ensure that the glossary provided pursuant to the first subparagraph is drafted in clear, unambiguous and non-technical language and that it is not misleading.

6.  The fee information document and the glossary shall be made permanently available to consumers and prospective consumers by payment service providers in electronic form on their websites where it shall be easily accessible including to non-customers. The fee information document shall be made available free of charge by payment service providers on a durable medium at premises accessible to consumers and the glossary shall be made available in a durable medium on request.

7.  EBA shall, after consulting national authorities and after consumer testing, develop draft implementing technical standards regarding a standardised presentation format of the fee information document and its common symbol.

EBA shall submit those draft implementing technical standards to the Commission by ...(10) [12 months after the date of entry into force of this Directive].

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1093/2010.

Article 5

Statement of fees

1.  Member States shall ensure that payment service providers provide consumers, free of charge and at least annually, with a statement of all fees and the interest rates applied to their payment account.

The communication channel to be used to provide the consumer with the statement of fees shall be agreed among the contracting parties. The statement shall be made available in paper format upon the request of a consumer.

2.  The statement referred to in paragraph 1 shall specify the following information:

(a)  the unit fee charged for each service and the number of times the service was used during the relevant period or where services are combined in a package, the fee charged for the package as a whole;

(b)  the total amount of fees incurred for each service provided during the relevant period, where appropriate taking into account the specific fee structures related to packages of services;

(ba)  the overdraft interest rate applied to the account, the number of days the account was overdrawn and the total amount of interest charged relating to the overdraft during the relevant period;

(bb)  the credit interest rate applied to the account, the average balance and the total amount of interest earned during the relevant period;

(c)  the total balance (positive or negative) after deduction of all fees and application of the interest earned in connection with the use of the account during the relevant period;

(ca)  pre-notifications regarding intended modifications of fees and interest rates in the following period.

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4.   EBA shall, after consulting national authorities and after consumer testing, develop implementing technical standards regarding a standardised presentation format of the statement of fees and its common symbol.

EBA shall submit those draft implementing technical standards to the Commission by ... (11)[12 months after the date of entry into force of this Directive].

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1093/2010.

Article 6

Communications using standardised terminology

1.  Member States shall ensure that in all communications to consumers, including contractual and marketing communications, payment service providers use, where applicable, the standardised terminology contained in the list of the most representative services linked to a payment account referred to in Article 3(5).

2.  Payment service providers may use brand names to designate their services or payment accounts in their marketing communications to clients, provided that they clearly identify, where applicable, the corresponding term using the standardised terminology as integrated in the complete list referred to in Article 3(5). Payment service providers may use such brand names in the fee information document or the statement of fees provided that this is in addition to the standardised terminology and as a secondary designation of the services or account offered.

Article 7

Comparison websites at national level

1.  Member States shall ensure that consumers have access, free of charge, to at least one website established in accordance with paragraph 2 or 3, which shall include at least the following:

(a)  comparison of interest paid or charged to the payment account, fees charged by payment service providers for services offered on payment accounts at national level ▌;

(b)  comparison of determinants of the level of service provided by the payment service provider, including factors such as the number and location of branches and the number of automated teller machines through which services can be assessed;

(c)  provision of complementary information on Union standardised terminology, access to payment accounts including to payment accounts with basic features and on switching procedures available at Union and national level. Such information may be provided via links to external websites.

2.  Member States shall establish a voluntary accreditation scheme for websites comparing the elements for comparison as described in Article 7(1)(a) and (b) offered on payment accounts operated by private operators. In order to be granted accreditation, comparison websites operated by private operators shall:

(a)  be legally, financially and operationally independent of any payment service provider;

(aa)  clearly disclose their owners and funding;

(ab)  set out clear, objective criteria on which the comparison will be based;

(ac)  be impartial insofar as advertisements from payment service providers, their agents, affiliates or brands shall not be displayed on the home page or on the price comparison pages;

(b)  use plain and unambiguous language and, as applicable, the Union standardised terminology referred to in Article 3(5);

(c)  provide accurate and updated information and state the time of the last update;

(d)  provide users with objective and exhaustive results taking full account of any search criteria selected by users and, where the presented information is not a complete overview of the market, a clear statement to that effect, before displaying results;

(da)  accept requests for inclusion in the site by any payment service provider in the Member State concerned;

(e)  operate an effective enquiry and complaints handling procedure.

Where payment service providers are charged for listing on such sites, the charges shall be non-discriminatory and published on the website.

3.  Where no website is accredited pursuant to paragraph 2, Member States shall ensure that a website operated by, or on behalf of, the competent authority referred to in Article 20 or any other competent public authority is established. Where a website has been accredited pursuant to paragraph 2, Member States may decide to establish an additional website operated by the competent authority referred to in Article 20 or any other competent public authority. Websites operated by a competent authority pursuant to paragraph 1 shall comply with paragraph 2 (a) to (e).

4.  Member States shall ▌refuse or withdraw accreditation from private operators in the event of recurrent or persistent failure to comply with the obligations in paragraph 2.

4a.  Payments services providers shall not be liable for incorrect or outdated information regarding them or their services, contained on accredited or non-accredited comparison website, where the website provider has not corrected such information on the request of the payment service provider.

4b.  Member States shall ensure that consumers are informed about the availability of websites referred to in paragraph 1 and about accredited websites in accordance with paragraph 2 or 3.

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Article 7a

Union comparison website

1.  Member States shall notify EBA of the comparison websites operating in accordance with Article 7(1), (2) and (3).

2.  By ... [three years after the date of entry into force of this Directive], EBA shall provide a publicly accessible Union comparison website that enables consumers to compare payment accounts offered within the internal market. In order to complement that information, the Union comparison website shall provide to consumers a glossary containing the Union standardised terminology adopted in accordance with Article 3(5) and practical guidelines about cross-border switching of payment accounts.

Article 8

Packaged accounts

Without prejudice to Article 4(2) Member States shall ensure that when a payment account is offered together with another financial service or product as part of a package the payment service provider informs the consumer of whether it is possible to buy the payment account separately and, if so, provides separate information regarding the costs and fees associated with each of the other financial products and services offered in the package.

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CHAPTER III

SWITCHING

Article 9

Provision of the switching service

Member States shall ensure that payment service providers provide a switching service as described in Article 10 to any consumer who holds a payment account with another payment service provider located in the Union and who has arranged for the opening of a new payment account with the receiving payment service provider.

Member States may, with regard to switching where both payment service providers are located in their territory, establish or maintain arrangements that differ from those outlined in Article 10 if this is clearly in the interest of the consumer and the switching is completed within as a maximum the same overall timescales as described in Article 10.

Article 10

The switching service

1.  Member States shall ensure that the switching service is initiated by the receiving payment service provider and provided in accordance with the rules laid down in paragraphs 2 to 7.

2.  The switching service shall be initiated by the receiving payment service provider. In order to do so, the receiving payment service provider shall obtain written authorisation from the consumer to perform the switching service. In the case of joint accounts, written authorisation shall be obtained from all holders of the account.

The authorisation shall be drawn up in an official language of the Member State where the switching service is being initiated or in any other language agreed between the parties.

The authorisation shall allow the consumer to provide or withhold specific consent to the transferring payment service provider to perform each of the tasks indicated in paragraph 3(e) and [...] (f) and to provide or withhold specific consent to the receiving payment service provider to perform each of the tasks indicated in paragraph 4(c) and (d) and paragraph 5. The authorisation shall allow the consumer to specifically request the transmission by the transferring payment service provider of the information indicated in paragraph 3(a) and [...](b).

The authorisation shall also specify the date from which recurrent payments are to be operated from the account opened with the receiving payment service provider. That date shall be at least seven business days after the date on which the transferring payment service provider receives the request to perform the switch from the receiving payment service provider pursuant to Article 10(6).

3.  Within two business days from the receipt of the authorisation referred to in paragraph 2, the receiving payment service provider shall request the transferring payment service provider to carry out the following tasks:

(a)  transmit to the receiving payment service provider and, if specifically requested by the consumer pursuant to paragraph 2, to the consumer a list of all existing standing orders for credit transfers and debtor driven direct debit mandates, where available;

(b)  transmit to the receiving payment service provider and, if specifically requested by the consumer pursuant to paragraph 2, to the consumer the available information about incoming credit transfers and creditor driven direct debits executed on the consumer's account in the previous 13 months;

(c)  transmit to the receiving payment service provider such additional information as is necessary for the receiving payment service provider to perform the switch;

(d)  where the transferring payment service provider does not provide a system for automated redirection of the incoming credit transfers and direct debits to the account held by the consumer with the receiving payment service provider, ▌stop accepting direct debits and incoming credit transfers from the date specified in the authorisation;

(e)  where the consumer gave specific consent pursuant to paragraph 2, transfer any remaining positive balance to the account opened or held with the receiving payment service provider on the date specified by the consumer; ▌

(f)  where the consumer gave specific consent pursuant to paragraph 2, close the account held with the transferring payment service provider on the date specified by the consumer;

(fa)  cancel standing orders and credit transfers with an execution date from the date specified in the authorisation.

4.  Upon receipt of the information requested from the transferring payment service provider referred to in paragraph 3, the receiving payment service provider shall carry out the following tasks:

(a)  set up within seven business days the standing orders for credit transfers requested by the consumer and execute them from the date specified in the authorisation;

(b)  accept direct debits from the date specified in the authorisation;

(ba)  where relevant, inform consumers of their rights in relation to SEPA direct debits pursuant to Article 5(3)(d) of Regulation (EU) No 260/2012;

(c)  where the consumer gave specific consent pursuant to paragraph 2, inform payers making recurrent credit transfers into a consumer's payment account of the details of the consumer's account with the receiving payment provider. If the receiving payment service provider does not have all the information it needs to inform the payer, it shall, within two days, ask the consumer or, where necessary and subject to the consumer's consent, the transferring payment service provider to provide the missing information;

(d)  where the consumer gave specific consent pursuant to paragraph 2, inform payees using a direct debit to collect funds from the consumer's account of the details of the consumer's account with the receiving payment service provider and the date from which direct debits shall be collected from that account. If the receiving payment service provider does not have all the information it needs to inform the payee, it shall, within two days, ask either the consumer or, where necessary and subject to the consumer's consent, the transferring payment service provider to provide the missing information;

(e)  where the consumer is asked to provide the missing information for the purposes of points (c) and (d), provide the consumer with standard letters, drawn up in an official language of the Member State where the switching service is being initiated or in any other language agreed between the parties, providing details of the new account and the starting date indicated in the authorisation.

4a.  Member States shall ensure that deadlines are set at national level for payers and payees to take into account the new account details of the consumer transmitted by the receiving payment service provider. Member States shall also ensure that consumers are made aware of such deadlines and liabilities implied.

5.  Where the consumer gave specific consent pursuant to paragraph 2, the receiving payment service provider may carry out any additional tasks necessary for the performance of the switch.

6.  Upon receipt of a request from the receiving payment service provider, the transferring payment service provider shall carry out the following tasks:

(a)  send the receiving payment service provider the information indicated in points (a), (b) and (c) of paragraph 3 within seven business days of receiving the request;

(b)  where the transferring payment service provider does not provide a system for automated redirection of the incoming credit transfers and direct debits to the account held by the consumer with the receiving payment service provider, stop incoming credit transfers and stop accepting direct debits on the payment account from the date requested by the receiving payment service provider;

(c)  transfer any remaining positive balance from the payment account to the account held with the receiving payment service provider;

(d)  as soon as the steps listed in points (a), (b) and (c) have been carried out, close the payment account;

(e)  carry out any additional tasks necessary for performing the switch, pursuant to paragraph 5.

6a.  The transferring payment service provider shall not be required to close the payment account in accordance with point (d) of paragraph 6 where the consumer has outstanding obligations to the payment service provider. The payment service provider shall immediately inform the consumer where such outstanding obligations prevent his payment account from being closed.

7.  Without prejudice to Article 55(2) of Directive 2007/64/EC, the transferring payment service provider shall not block payment instruments before the date agreed with the receiving payment service provider so that the provision of payment services to the consumer is not interrupted during the switching process.

8.  Member States shall ensure that all provisions contained in paragraphs 1 to 7 except for those contained in paragraph 4(c) and (d) also apply when the switching service is initiated by a payment service provider located in another Member State.

9.  In the case indicated in paragraph 8, the deadlines indicated in paragraphs 3, 4 and 6 shall be doubled except in relation to transactions falling within the scope of Article 1 of Regulation (EU) No 260/2012 where both the transferring and the receiving payment accounts are denominated in euro. This provision shall be subject to review pursuant to Article 27.

Article 11

Fees connected with the switching service

1.  Member States shall ensure that consumers are able to access their personal information regarding existing standing orders and direct debits held by either the transferring or the receiving payment service provider free of charge.

2.  Member States shall ensure that the transferring payment service provider provides the information requested by the receiving payment service provider pursuant to paragraph 6 (a) of Article 10 without charging the consumer or the receiving payment service provider.

3.  Member States shall ensure that fees, if any, applied by the transferring payment service provider to the consumer for the termination of the payment account held with it are determined in accordance with Article 45(2) of Directive 2007/64/EC.

4.  Member States shall ensure that fees, if any, applied by the transferring or the receiving payment service provider to the consumer for any service provided under Article 10, other than those referred to in paragraphs 1, 2 and 3, are reasonable.

Article 11a

Automated redirection

Unless after carrying out a regulatory impact assessment the Commission decides otherwise, Member States shall, by ... [six years after the date of entry into force of this Directive], ensure that a facility is established to provide automated redirection of payments from one payment account to another payment account within the same Member State combined with automated notifications to payees or payers when their transfers are redirected.

Article 12

Financial loss for consumers

1.  Member States shall ensure that any fees or other financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 are refunded by that payment service provider within three business days of the non-compliance being established. The burden of proof shall be on the payment service provider to demonstrate that the conditions laid down in Article 10 have been complied with.

2.  Consumers shall not bear any financial loss resulting from mistakes or delays in updating their payment account details by a payer or payee. Member States shall ensure that payers and payees are held liable where they do not meet the deadlines set up by Member States in accordance with Article 10(4a).

Article 13

Information about the switching service

1.  Member States shall ensure that payment service providers make available to consumers the following information about the switching service:

(a)  the roles of the transferring and receiving payment service provider for each step of the switching process, as indicated in Article 10;

(b)  the timeframe for completion of the respective steps;

(c)  the fees, if any, charged for the switching process;

(d)  any information that the consumer will be asked to provide;

(e)  the alternative dispute resolution procedures scheme referred to in Article 21.

2.  The information shall be provided free of charge on a durable medium at all branches of the payment service providers accessible to consumers and be available in electronic form on their websites at all times.

CHAPTER IV

ACCESS TO PAYMENT ACCOUNTS

Article 14

Non-discrimination

Member States shall ensure that consumers legally resident in the Union are not discriminated against by reason of their nationality or place of residence, or by reason of any other ground as referred to in Article 21 of the Charter of Fundamental rights of the European Union, when applying for or accessing a payment account within the Union. The conditions applicable to holding a basic payment account shall be in no way discriminatory. Making any discrimination visible through, for example, a different appearance of the card, a different account or card number, shall be prohibited.

Article 15

Right of access to a payment account with basic features

1.  Member States shall ensure that ▌a payment account with basic features is offered to consumers by all payment service providers that operate in general retail payment services and that offer payment accounts as an integral part of their regular business. Member States shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely through online ▌ facilities.

A Member State may decide to exempt payment service providers from the obligation referred to in the first subparagraph subject to the approval of the Commission. Any such exemption shall be based on objective and restrictive criteria. The Commission shall approve the exemptions where a level playing field among all payment service providers is guaranteed, the right of access for consumers is not undermined and the exemption does not lead to a situation in the Member State concerned where basic account customers face the risk of being stigmatised. [Ams. 4/rev and 5/rev]

1a.  Member States may waive the obligation under paragraph 1 where the payment service providers:

(a)  are listed in Article 2(5) of Directive 2013/36/EU of the European Parliament and of the Council(12), 

(b)  operate on a non-profit basis;

(c)  require membership on the basis of defined criteria, such as profession.

Any such a waiver shall be made without prejudice to the right of access by consumers to payment account with basic features.

2.  Member States shall ensure that a system is in place within their territory to ensure the right of consumers to open and use a payment account with basic features as referred to in Article 14, subject to the following conditions:

(a)  such right shall apply irrespective of the consumer’s place of residence, without prejudice to paragraph 2a;

(aa)  a mechanism shall be put in place to assist consumers with no fixed address, asylum seekers and consumers who are not granted a residence permit but whose expulsion is impossible for legal reasons to meet the requirements of Chapter II of Directive 2005/60/EC;

(b)  the exercise of the right shall not be made excessively difficult or burdensome for the consumer;

(ba)  a mechanism shall be put in place to ensure that unbanked, vulnerable consumers as well as mobile consumers are informed about the availability of payment accounts with basic features;

(bb)  the switching service provided for in Articles 10 and 11 of this Directive shall apply also where a consumer wishes to switch to a payment account with basic features from another payment account within the scope of the switching service.

2a.  In order to exercise the right laid down in paragraph 2, Member States shall require consumers to have a genuine link to the Member State where they wish to open and use a payment account with basic features.

Where the consumer is required to show such a link, Member States shall ensure that it is not burdensome for the consumer to do so. To that end, Member States shall ensure that competent authorities establish a list which lays down the form that such a link may take. That list shall include at least citizenship, family ties, centre of interests, place of work, internship or apprenticeship, pursuit of job opportunities or other professional links, place of study or vocational training, residence, property and any outstanding asylum or migration application.

EBA shall develop guidelines pursuant to Article 16 of Regulation (EU) No 1093/2010 to assist the competent authorities in implementing this paragraph.

Payment service providers shall take into account the information provided by the consumer and may require the consumer to be physically present or legally represented by a third person in the nearest available branch to open the account.

Member States shall ensure that it is possible for consumers to demonstrate the existence of a genuine link within one month after the account is opened remotely in advance. Prior to such verification, including personal attendance where needed, payment service providers shall be allowed to limit the use of the account.

2b.  Before opening a payment account with basic features, Member States may require payment service providers to verify whether the consumer holds an active and equivalent payment account in the territory of that Member State and may require the consumer to sign a declaration of honour to that effect.

3.  Payment services providers may not refuse an application for access to a payment account with basic features except in the following cases:

(a)where the customer due diligence conducted in accordance with Chapter II of Directive 2005/60/EC identifies a significant risk that the account will be used in breach of Union law;

(b)  in cases where the Member State has exercised the option referred to in paragraph 2b of this Article, where a consumer holds a payment account, with a payment service provider located in their territory, which enables him to make use of the payment services listed in Article 16(1).

4.  Member States shall ensure that payment service providers process applications for access to a payment account with basic features within seven business days of receiving a complete application including proof of identity. Member States shall ensure that, in the cases indicated in paragraph 3, the payment service provider immediately informs the consumer ▌, in writing and free of charge of the refusal and the specific reasons for it, unless such disclosure would be contrary to the objectives of national security or financial crimes. Furthermore, the consumer shall be informed of at least one channel of appeal or consultation service available to him free of charge or at a reasonable fee and of available alternative dispute resolution mechanisms.

5.  Member States shall ensure that, in the cases indicated in paragraph 3(b), the payment service provider adopts appropriate measures pursuant to Chapter III of Directive 2005/60/EC.

6.  Member States shall ensure that access to a payment account with basic features is not made conditional on the purchase of additional services or of shares of the payment service provider.

Article 16

Characteristics of a payment account with basic features

1.  Member States shall ensure that a payment account with basic features includes the following ▌services:

(a)  services enabling all the operations required for the opening, operating and closing of a payment account;

(b)  services enabling money to be placed on a payment account;

(c)  services enabling cash withdrawals within the Union from a payment account at the bank counter and at automated teller machines during or outside the bank's opening hours;

(d)  execution of the following payment transactions within the Union:

(i)  SEPA and non-euro direct debit;

(ii)  SEPA and non-euro payment transactions through a payment instrument (e.g., by way of payment card or software product) including online payments;

(iii)  SEPA and non-euro credit transfers, including standing orders, at terminals, counters and via the online facilities of the payment service provider.

2.   Member States shall ensure that, provided that a payment account with basic features is operated by the consumer for personal use, there are no limits to the number of operations which are provided to the consumer under the specific pricing rules laid down in Article 17. In determining what is to be considered to be personal use, Member States shall take into account existing consumer behaviour and common commercial practice.

3.  Member States shall ensure that the consumer is able to manage and initiate payment transactions from the consumer's payment account with basic features in the payment service provider's branches or via online ▌facilities, where available.

4.  Member States shall ensure that a payment account with basic features does not include any overdraft facilities other than, where deemed to be appropriate, a temporary buffer facility for small amounts. Member States may allow payment service providers to offer overdraft facilities and other credit products as clearly separated services to basic payment account customers. Access to, or use of, the payment account with basic features shall not be restricted by, or made conditional on, the purchase of such credit services. The fees charged for those services shall be transparent and at least as favourable as the usual pricing policy of the provider.

4a.  The Commission shall be empowered to adopt delegated acts in accordance with Article 24 in order to update the list of services that are part of a payment account with basic features, having regard to the evolution of means of payment and technology.

Article 17

Associated fees

1.  Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge or for a reasonable fee. Member States shall require payment service providers to ensure that among the products they offer, the payment account with basic features is always the payment account with the lowest fee for the provision of the minimum package of payment services specified within the Member State pursuant to Article 16(1) and (2).

2.  Member states shall ensure that the fees charged to the consumer for non-compliance with the consumer’s commitments laid down in the framework contract are reasonable and never higher than the usual pricing policy of the provider.

▌

Article 18

Framework contracts and termination

1.  Framework contracts providing access to a payment account with basic features shall be subject to the provisions of Directive 2007/64/EC unless otherwise specified in paragraphs 2 and 3.

2.  The payment service provider may unilaterally terminate a framework contract only where at least one of the following conditions is met:

(a)  the consumer deliberately used the account for illegal purposes;

(b)  there has been no transaction on the account for more than 24 consecutive months and fees owing to the payment service provider have not been paid;

(c)  the consumer knowingly provided incorrect information in order to obtain the payment account with basic features where the correct information would have resulted in the refusal of the application;

(ca)  the consumer is unable to justify the existence of a genuine link to the Member State concerned, as referred to in Article 15(2a), within one month after the account has been opened remotely in advance;

(d)  the consumer is no longer legally resident in the Union or has subsequently opened a second payment account in the Member State where he already holds a payment account with basic features.

3.  Member States shall ensure that where the payment service provider terminates the contract of a payment account with basic features, it informs the consumer of the grounds and the justification for the termination, of at least one channel of appeal or consultation service available to him free of charge or at a reasonable fee and of alternative dispute resolution mechanisms available, at least one month before the termination enters into force, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security.

Article 19

General information on payment accounts with basic features

1.  Member States shall ensure that adequate measures are in place to raise awareness ▌about the availability of payment accounts with basic features, their pricing conditions, the procedures to be followed in order to exercise the right to access payment accounts with basic features and the methods for having access to alternative resolution for the settlement of disputes. Member States shall ensure that communication measures are sufficient and well targeted, in particular reaching out to unbanked, vulnerable and mobile consumers.

2.  Member States shall ensure that payment service providers actively make available to consumers accessible information and adequate assistance about the specific features of the payment account with basic features on offer, their associated fees and the conditions of use. Member States shall also ensure that the consumer is informed that the purchase of additional services is not compulsory to access a payment account with basic features.

2a.  Member States shall require educational establishments and consultation services to develop services for the most vulnerable customers providing them with guidance and assistance in the responsible management of their finances. Member States shall encourage initiatives to achieve this and improve financial education at schools and elsewhere. The risk of financial exclusion shall be minimised for all consumers. Furthermore, Member States shall encourage initiatives by payment service providers seeking to combine provision of a payment account with basic features and independent financial education services.

2b.  Member States shall ensure that payment service providers required to offer payment accounts with basic features publish, on an annual basis, data on the number of payment accounts with basic features applied for, rejected, opened, and closed during the relevant year. The relevant data shall be collected and published at branch and corporate level.

2c.  Member States shall ensure that the competent authorities publish, including on their website, an audit of the performance of each payment service provider in terms of its compliance with the right of access requirement. To that end, relevant payment providers shall be independently rated according to their performance in the provision of payment accounts with basic features and a rating of the top ten banks by market share shall be published at an annual basis. All relevant data shall be submitted to the Commission and to EBA.

CHAPTER V

COMPETENT AUTHORITIES AND ALTERNATIVE DISPUTE RESOLUTION

Article 20

Competent authorities

1.  Member States shall designate competent authorities to ensure and monitor effective compliance with this Directive. Those competent authorities shall take all necessary measures to ensure such compliance. They shall be independent from payment service providers. They shall be competent authorities within the meaning of Article 4(2) of Regulation 1093/2010.

2.  The authorities referred to in paragraph 1 shall be independent from payment service providers and shall possess all the powers and resources necessary for the performance of their duties. Where more than one competent authority is empowered to ensure and monitor effective compliance with this Directive, Member States shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively. Those authorities shall closely cooperate with the competent authorities of other Member States to ensure the correct and full application of the measures established in this Directive.

2a.  The authorities referred to in paragraph 1 shall regularly consult relevant stakeholders, including consumer representatives, to ensure and monitor effective compliance with this Directive, without prejudice to the requirement of independence referred to in paragraph 1.

3.  Member States shall notify the Commission of the designated competent authorities referred to in paragraph 1 by ... [one year after the date of entry into force of this Directive]. They shall inform the Commission of any division of duties of those authorities. They shall immediately notify the Commission of any subsequent change concerning the designation and respective competences of those authorities.

Article 21

Alternative Dispute Resolution

1.   Member States shall establish adequate and effective out-of-court complaint and redress procedures for the settlement of disputes between consumers and payment service providers concerning rights and obligations established under this Directive. For those purposes, Member States shall designate existing bodies and, where appropriate, set up new bodies.

1a.  Member States shall ensure that payment service providers adhere to one or more alternative dispute resolution bodies that fulfil the following criteria:

(a)  the limitation period for bringing the dispute before a court is suspended for the duration of the procedure for alternative dispute resolution;

(b)  the procedure is free of charge or at moderate cost, as specified in national law;

(c)  electronic means are not the only means by which the parties can gain access to the procedure;

(d)  there is equal representation of providers, consumers and other users.

1b.  Member States shall ensure that the payment account providers commit to one or more alternative dispute resolution bodies.

1c.  Member States shall notify the Commission and EBA of the bodies referred to in paragraph 1 by ... [six months after the date of entry into force of this Directive]. They shall notify the Commission without delay of any subsequent change concerning those bodies.

1d.  Member States shall ensure that payment service providers inform the consumer about the alternative dispute resolution entities by which they are covered and which are competent to deal with potential disputes between themselves and the consumer. They shall also specify whether or not they commit or are obliged to use those entities to resolve disputes with consumers.

1e.  The information referred to in paragraph 1b shall be referred to in a clear, comprehensible and easily accessible manner on the providers' website where one exists and in the general terms and conditions of sales or service contracts between the provider and the consumer.

CHAPTER VI

SANCTIONS

Article 22

Administrative measures and application of administrative penalties and other administrative measures

1.  Member States shall lay down the rules on administrative penalties and other administrative measures ▌ applicable to breach of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. Such administrative penalties and other administrative measures ▌shall be effective, proportionate and dissuasive.

Any pecuniary penalties shall be quantified at Union level to the extent possible, in order to ensure the effective implementation of the national provisions transposing this Directive.

2.  EBA shall issue guidelines addressed to competent authorities, in accordance with Article 16 of Regulation (EU) No 1093/2010, on types of administrative penalties and other administrative measures and the level of administrative pecuniary penalties.

3.  Member States shall ensure that the competent authorities publish any penalty or other measure imposed for breach of the national provisions transposing this Directive without undue delay, including information on the type and nature of the breach.

Member States shall notify the Commission of the provisions relating to penalties by ... [18 months after the date of entry into force of this Directive] and of any subsequent amendment thereof.

CHAPTER VII

FINAL PROVISIONS

Article 23

Delegated acts

The Commission shall be empowered to adopt delegated acts in accordance with Article 24 concerning Article 3(4).

Article 24

Exercise of the delegation

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

2.  The delegation of power referred to in Article 23 shall be conferred for an indeterminate period of time from the date of entry into force of this Directive.

3.  The delegation of powers referred to in Article 23 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 23 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three 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 three months at the initiative of the European Parliament or the Council.

▌

Article 26

Evaluation

1.  On an annual basis and for the first time by ... [3 years after the date of entry into force of this Directive], Member States shall provide the Commission with information on the following:

(a)  compliance by payment service providers with the provisions in Articles 3 to 6;

(b)  the number of accredited comparison websites established pursuant to Article 7 and best practices regarding to user satisfaction regarding comparison websites;

(c)  the number of payment accounts that have been switched, the average time taken to complete the switching process, the average total fee charged for switching, the number of refusals to switch, the most common problems encountered by consumers during the switching process;

(d)  the number of payment accounts with basic features opened, the length of time for which such accounts are held, the number and grounds for refusal and closure and the associated charges;

(da)  the measures taken to assist vulnerable members of society with matters concerning budgeting and over-indebtedness.

2.  The Commission shall provide an annual report on the basis of the information received from Member States.

Article 27

Review clause

1.  The Commission shall present to the European Parliament and the Council, by ... [four years after the date of entry into force of this Directive], a report on the application of this Directive accompanied, if appropriate, by a proposal.

The report shall include:

(a)  a list of all infringement proceedings brought by the Commission for incorrect or incomplete implementation of this Directive;

(b)  an assessment of the impact of this Directive on the harmonisation and integration of retail banking within the Union and on competition and average fee levels in Member States;

(c)  strategies to increase Union-wide quality transparency and comparability for payment service provision including transparency on business models and investment strategies and social corporate responsibility;

(d)  an assessment of the costs and benefits of an implementation of full Union-wide portability of payment account numbers including a roadmap with concrete steps necessary for such implementation;

(e)  an assessment of the characteristics of consumers who have opened payment accounts with basic features since the transposition of the Directive;

(f)  examples of best practices among Member States for reducing consumer exclusion from access to payment services;

(g)  an assessment of the charges levied for basic payment accounts, taking into account the criteria listed in Article 17(3);

(h)  an assessment of options of establishing a Union-wide upper limit for the total annual fees relating to opening and using a payment account with basic features and ways how to adapt such a limit to national circumstances;

(i)  an assessment of the impact of the provision of payment accounts with basic features on the market for other payment accounts offering similar services.

2.  The review shall assess, based also on the information received from Member States pursuant to Article 26, whether to amend and update the list of services that are part of a payment account with basic features, having regard to the evolution of means of payment and technology.

3.  The review shall also assess whether ▌additional measures in addition to those adopted pursuant to Article 7 and 8 with respect to comparison websites and packaged offers are needed.

Article 28

Transposition

1.  Member States shall adopt and publish, by ... [two years after the date of entry into force of this Directive] [...], the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

Where the documents accompanying notification of transposition measures provided by the Member States are not sufficient to assess fully the compliance of those measures with certain provisions of this Directive, the Commission may, upon EBA's request and with a view to carrying out its tasks under Regulation (EU) No 1093/2010, or on its own initiative, require Member States to provide more detailed information regarding the transposition of this Directive and the implementation of those measures.

2.  They shall apply those provisions from one year after entry into force of this Directive.

By way of derogation from the first subparagraph, Member States shall apply Chapter III from ... [18 months after the date of entry into force of this Directive] with regard to switching services between payment service providers located in the same Member State and, for payment accounts denominated in euro, between payment service providers located in the Union in relation to payment services denominated in euro.

By way of derogation from the first subparagraph and unless the Commission decides otherwise through a draft regulatory impact assessment, Member States shall apply the provisions of Chapter III from ... [48 months after the date of entry into force of this Directive] with regard to a switching service between payment service providers located in the Union for payment accounts denominated in a currency, other than the euro.

By way of derogation from the first subparagraph, Member States shall apply Article 4(1) to (6), Article 5(1) and (2), and Article 6(1) and (2) within 18 months of the date of publication of the list referred to in Article 3(5).

By way of derogation from the first subparagraph, Member States which have, by 1 January 2014, a national legislative system in place which guarantees access to payment accounts with basic features to consumers legally resident in their territory, shall apply the provisions of Chapter IV from ... [24 months after the date of entry into force of this Directive].

3.  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.

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 29

Entry into force

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

Article 30

Addressees

This Directive is addressed to the Member States in accordance with the Treaties.

Done at [...],

For the European Parliament For the Council

The President The President

(1) The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0398/2013). (2) Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌. (3) Not yet published in OJ. (4) OJ L 319, 5.12.2007, p. 1. (5) Texts Adopted, P7_TA(2012)0293. (6) OJ L 190 ,21.7.2011, p. 87. (7) OJ L 94, 30.3.2012, p. 22. (8) Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15). (9) OJ L 281, 23.11.1995, p. 31. (10) (11) (12) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).

Amendments adopted by the European Parliament on 12 December 2013 on the proposal for a directive of the European Parliament and of the Council establishing a framework for maritime spatial planning and integrated coastal maritime spatial planning and integrated coastal management (COM(2013)0133 – C7-0065/2013 – 2013/0074(COD))(1)

P7_TA(2013)0588 A7-0379/2013

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment Amendment 1 Proposal for a directive Citation 1 a (new) Having regard to Council Decision 2010/631/EU of 13 September 2010 concerning the conclusion, on behalf of the European Union, of the Protocol on Integrated Coastal Zone Management in the Mediterranean to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean1, __________________ 1 OJ L 279, 23.10.2010, p. 1. Amendment 2 Proposal for a directive Recital 1 (1)  The high and rapidly increasing demand for maritime space for different purposes, such as renewable energy installations, maritime shipping and fishing activities, ecosystem conservation and tourism and aquaculture installations, as well as the multiple pressures on coastal resources require an integrated planning and management approach. (1)  The high and rapidly increasing demand for maritime space for different purposes, such as renewable energy installations, oil and gas exploration and exploitation, maritime shipping and fishing activities, ecosystem and biodiversity conservation, the extraction of raw materials, tourism and aquaculture installations, as well as the multiple pressures on coastal resources, require an integrated planning and management approach. Amendment 3 Proposal for a directive Recital 2 (2)  Such an approach to ocean management has been developed in the Integrated Maritime Policy for the European Union, including, as its environmental pillar, Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy. The objective of the Integrated Maritime Policy is to support the sustainable development of seas and oceans and to develop coordinated, coherent and transparent decision-making in relation to the Union's sectoral policies affecting the oceans, seas, islands, coastal and outermost regions and maritime sectors, including through sea-basin strategies or macro-regional strategies. (2)  Such an approach to ocean management and maritime governance has been developed in the Integrated Maritime Policy for the European Union, including, as its environmental pillar, Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for Community action in the field of marine environmental policy. The objective of the Integrated Maritime Policy is to support the sustainable development of seas and oceans and to develop coordinated, coherent and transparent decision-making in relation to the Union's sectoral policies affecting the oceans, seas, islands, coastal and outermost regions and maritime sectors, including through sea-basin strategies or macro-regional strategies. Amendment 4 Proposal for a directive Recital 3 (3)  The Integrated Maritime Policy identifies maritime spatial planning and integrated coastal management as cross-cutting policy tools for public authorities and stakeholders to apply a coordinated, integrated approach. The application of an ecosystem-based approach will contribute to promoting the sustainable growth of the maritime and coastal economies and the sustainable use of marine and coastal resources. (3)  The Integrated Maritime Policy identifies maritime spatial planning and integrated coastal management as cross-cutting policy tools for public authorities and stakeholders to apply a coordinated, integrated and trans-boundary approach. The application of an ecosystem-based approach will contribute to promoting the sustainable growth of the maritime and coastal economies and the sustainable use of marine and coastal resources. Amendment 5 Proposal for a directive Recital 5 (5)  In its recent Communication on Blue Growth, Opportunities for Marine and Maritime Sustainable Growth, the Commission has identified a number of ongoing EU initiatives which are intended to implement the Europe 2020 Strategy for smart, sustainable and inclusive growth. The Communication has also identified a number of sector activities on which blue growth initiatives should focus in the future and which should be adequately supported by maritime spatial plans and integrated coastal management strategies. (5)  In its recent Communication on Blue Growth Opportunities for Marine and Maritime Sustainable Growth, the Commission has identified a number of ongoing EU initiatives which are intended to implement the Europe 2020 Strategy for smart, sustainable and inclusive growth. The Communication has also identified a number of sector activities on which blue growth initiatives should focus in the future and which should be adequately supported by maritime spatial plans and integrated coastal management strategies. The Member States’ clear support for those identified strategic areas will provide legal certainty and predictability for public and private investment, which will have a leverage effect on all sectoral policies linked to the maritime and coastal space. Amendment 6 Proposal for a directive Recital 7 (7)  The United Nations Convention on the Law of the Sea (UNCLOS) states in its preamble that issues relating to the use of ocean space are closely interrelated and need to be considered as a whole. Planning of ocean space is the logical advancement and structuring of the use of rights granted under UNCLOS and a practical tool in assisting Member States to comply with their obligations. (7)  The United Nations Convention on the Law of the Sea (UNCLOS) states in its preamble that issues relating to the use of ocean space are closely interrelated and need to be considered as a whole. Planning of ocean space is the logical advancement and structuring of the use of rights granted under UNCLOS and a practical tool in assisting Member States and the competent sub‑national authorities to comply with their obligations. Amendment 7 Proposal for a directive Recital 10 (10)  In order to ensure consistency and legal clarity, the geographical scope for maritime spatial planning and integrated coastal management strategies should be defined in conformity with existing legislative instruments of the Union and international maritime law. (10)  In order to ensure consistency and legal clarity, the geographical scope for maritime spatial planning and integrated coastal management should be defined in conformity with existing legislative instruments of the Union and international maritime law, in particular UNCLOS. Amendment 8 Proposal for a directive Recital 12 (12)  While it is appropriate for the Union to lay down rules on maritime spatial plans and integrated coastal management strategies, Member States and their competent authorities remain responsible for designing and determining, within their marine waters and coastal zones, the content of such plans and strategies, including the apportionment of maritime space to the different sector activities. (12)  While it is appropriate for the Union to lay down a transparent and coherent framework on maritime spatial plans and integrated coastal management strategies, Member States and their competent authorities remain responsible for designing and determining, within their marine waters and coastal zones, the content of such plans and strategies, including the apportionment of maritime space to the different sector activities and maritime uses. Amendment 9 Proposal for a directive Recital 13 (13)  So as to respect proportionality and subsidiarity, as well as minimise additional administrative burden, transposition and implementation of this Directive should to the greatest extent possible build upon existing national rules and mechanisms. Integrated coastal management strategies should build on the principles and elements set out in Council Recommendation 2002/413/EC and Council Decision 2010/631/EU. (13)  So as to respect proportionality and subsidiarity, as well as to minimise additional administrative burdens, transposition and implementation of this Directive should to the greatest extent possible build upon existing national and Regional Sea Convention rules and mechanisms. Integrated coastal management strategies should build on the principles and elements set out in Council Recommendation 2002/413/EC of the European Parliament and of the Council of 30 May 2002 concerning the implementation of Integrated Coastal Zone Management in Europe18a and Council Decision 2010/631/EU. ______________ 18a OJ L 148, 6.6.2002, p. 24. Amendment 10 Proposal for a directive Recital 15 (15)  Maritime spatial planning and integrated coastal management should apply the ecosystem-based approach as referred to in Article 1(3) of Directive 2008/56/EC so as to ensure that the collective pressure of all activities is kept within levels compatible with the achievement of good environmental status and that the capacity of marine ecosystems to respond to human-induced changes is not compromised, while enabling the sustainable use of marine goods and services by present and future generations. (15)  Maritime spatial planning and integrated coastal management should apply the ecosystem-based approach as referred to in Article 1(3) of Directive 2008/56/EC, having regard to the principle of subsidiarity and taking account of the precautionary principle and of the principle that preventive action should be taken, as laid down in Article 191(2) of the Treaty on the Functioning of the European Union, so as to ensure that the collective pressure of all maritime and coastal activities is kept within levels compatible with the achievement of good environmental status and with the conservation of natural resources, and that the capacity of marine ecosystems to respond to human-induced changes is not compromised, while enabling the sustainable use of marine goods and services by present and future generations. Amendment 11 Proposal for a directive Recital 16 (16)  Maritime spatial planning and integrated coastal management will contribute, inter alia, to achieving the aims of Directive 2009/28/EC of the European Parliament and of the council of 23 April 2009 on the promotion of the use of energy from renewable sources19, Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy20, Decision 884/2004/EC of the European Parliament and of the Council amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network21, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy, the EU Biodiversity Strategy for 202022, the Roadmap towards a Resource Efficient Europe23, the EU Strategy on Adaptation to Climate Change24 well as, where appropriate, those of the EU Regional Policy, including the sea-basin and macro-regional strategies. (16)  Maritime spatial planning and integrated coastal management will contribute, inter alia, to achieving the aims of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources19, Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy20, Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds20a, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora20b, Decision 884/2004/EC of the European Parliament and of the Council of 29 April 2004 amending Decision No 1692/96/EC on Community guidelines for the development of the trans-European transport network21, Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy, the EU Biodiversity Strategy for 202022, the Roadmap towards a Resource Efficient Europe23, the EU Strategy on Adaptation to Climate Change24 and the Commission's Communication COM(2009)0008 entitled 'Strategic goals and recommendations for the EU's maritime transport policy until 2018', as well as, where appropriate, those of the EU Regional Policy, including the sea-basin and macro-regional strategies. _______________ _________________ 19 OJ L 140, 5.6.2009, pp. 16-62. 19 OJ L 140, 5.6.2009, p. 16. 20 OJ L 358, 31.12.2002, p. 59-80. 20 OJ L 358, 31.12.2002, p. 59. 20a OJ L 20, 26.1.2010, p. 7. 20b OJ L 206, 22.7.1992, p. 7. 21 OJ L 167, 30/04/2005, pp. 1-38. 21 OJ L 167, 30.4.2004, p. 1. 22 COM(2011)0244 final. 22 COM(2011)0244. 23 COM(2011)0571 final. 23 COM(2011)0571. 24 COM(2013) XXX. 24 COM(2013) XXX. Amendment 12 Proposal for a directive Recital 17 (17)  Maritime and coastal activities are often closely interrelated. This requires maritime spatial plans and integrated coastal management strategies to be coordinated or integrated in order to guarantee the sustainable use of maritime space and management of coastal areas taking account of social, economic and environmental factors. (17)  Maritime and coastal activities are often closely interrelated and interdependent. This requires maritime spatial plans and integrated coastal management strategies to be coordinated, linked up or integrated in order to guarantee the sustainable use of maritime space and management of coastal areas, taking account of social, economic and environmental factors and objectives. Amendment 13 Proposal for a directive Recital 18 (18)  In order to achieve the objectives of this Directive, maritime spatial plans and integrated coastal management strategies should cover the full cycle of problem identification, information collection, planning, decision-making, implementation and monitoring of implementation and be based on best available scientific knowledge. Best use should be made of mechanisms set out in existing or future legislation, including Decision 2010/477/EU on criteria and methodological standards for good environmental status of marine waters or the Commission's Marine Knowledge 2020 initiative25. (18)  In order to achieve the objectives of this Directive, maritime spatial plans and integrated coastal management strategies should cover the full cycle of problem identification, information collection, planning, decision-making, implementation, monitoring of implementation, revision or updating, and should be based on best and most recent available scientific knowledge. Best use should be made of mechanisms set out in existing or future legislation, including Decision 2010/477/EU on criteria and methodological standards for good environmental status of marine waters or the Commission's Marine Knowledge 2020 initiative25. ____________ _______________ 25 COM(2010)0461 final. 25 COM(2010)0461. Amendment 14 Proposal for a directive Recital 19 (19)  The main purpose of maritime spatial planning is to identify and manage spatial uses and conflicts in maritime areas. In order to achieve that purpose, Member States need at least to ensure that the planning process or processes result in a comprehensive map identifying the different uses of maritime space, taking into consideration long term changes due to climate change. (19)  The main purposes of maritime spatial planning are to identify and manage spatial uses, to minimise cross-sectoral conflicts in maritime areas and to enhance sustainable growth in the maritime sector. In order to achieve those purposes, Member States need at least to ensure that the planning process or processes result in a comprehensive map identifying the different uses of maritime space, taking into consideration long term changes due to climate change. Amendment 15 Proposal for a directive Recital 20 (20)  Member States should consult and coordinate their plans and strategies with the relevant Member State or third country authorities in the marine region or sub-region or coastal zone concerned in conformity with the rights and obligations of these Member States and third countries under European and international law. Effective cross border cooperation between Member States and with neighbouring third countries requires that the competent authorities in each Member State are identified. Member States therefore need to designate the competent authority or authorities responsible for cooperation with other Member States or third countries. Given the differences between various marine regions or sub-regions and coastal zones, it is not appropriate to prescribe in detail in this Directive how these cooperation mechanisms should look. (20)  Member States should consult and, as far as possible, coordinate their plans and strategies with the relevant Member State or third country authorities in the marine region or sub-region or coastal zone concerned in conformity with the rights and obligations of these Member States and third countries under European and international law. Effective cross border cooperation between Member States and with neighbouring third countries requires that the competent authorities in each Member State are identified. Member States therefore need to designate competent authorities responsible for cooperation with other Member States or third countries. Given the differences between various marine regions or sub-regions and coastal zones, it is not appropriate to prescribe in detail in this Directive how these cooperation mechanisms should look. Amendment 16 Proposal for a directive Recital 21 a (new) (21a)  In order to adapt coastal areas to climate change, and to combat erosion or excessive accretion, the risks of sea ingression, the deterioration of ecological status and the loss of biodiversity of coastal ecosystems, it is extremely important that coastal sediment be managed in a sustainable and environmentally friendly manner, with a view to balancing out problematic areas that are at greater risk. Submarine sediment deposits on the continental shelf can be used where there is a shortage of sediment in the coastal system. Amendment 17 Proposal for a directive Recital 22 (22)   The management of maritime and coastal areas is complex and involves different levels of authorities, economic operators and other stakeholders. In order to guarantee sustainable development in an effective manner, it is essential that stakeholders, authorities and the public are consulted at an appropriate stage in the preparation of maritime spatial plans and integrated coastal management strategies under this Directive, in accordance with relevant EU legislation. A good example for public consultation provisions can be found in article 2(2) of Directive 2003/35/EC. (22)   The management of maritime and coastal areas is complex and involves different levels of authorities, economic operators and other stakeholders. In order to guarantee sustainable development in an effective manner, it is essential that stakeholders, authorities and the public be consulted at an appropriate stage in the preparation of maritime spatial plans and integrated coastal management strategies under this Directive, in accordance with relevant EU legislation. Amendment 18 Proposal for a directive Recital 25 (25)  In order to ensure that the establishment of maritime spatial plans and integrated coastal management strategies is based on reliable data and to avoid additional administrative burden, it is essential that Member States collect the best available data and information by making use of existing instruments and tools for data collection, such as those developed in the context of the Marine Knowledge 2020 initiative. (25)  In order to ensure that the establishment of maritime spatial plans and integrated coastal management strategies is based on reliable data and to avoid any additional administrative burden, it is essential that Member States collect and use the best available data and information by encouraging the relevant stakeholders to share their data and information and making use of existing instruments and tools for data collection, such as those developed in the context of the Marine Knowledge 2020 initiative. Amendment 19 Proposal for a directive Recital 25 a (new) (25a)  In order to support the widespread and coordinated implementation of this Directive throughout the Union, it would be advisable to find, from amongst existing financial instruments, resources to support demonstration programmes and exchanges of good practices and virtuous processes in coastal management and spatial management strategies, plans and governance. Amendment 20 Proposal for a directive Recital 28 (28)  Timely transposition of the provisions of this Directive is essential since the EU has adopted a number of policy initiatives that are to be implemented by the year 2020 and which this Directive aims to support. The shortest possible deadline for the transposition of this Directive should therefore be adopted. (28)  Timely transposition of the provisions of this Directive is essential since the EU has adopted a number of policy initiatives that are to be implemented by the year 2020 and which this Directive aims to support and complement. The shortest possible deadline for the transposition of this Directive should therefore be adopted. Amendment 21 Proposal for a directive Article 1 – paragraph 1 1.  This Directive establishes a framework for maritime spatial planning and integrated coastal management aiming at promoting the sustainable growth of maritime and coastal economies and the sustainable use of marine and coastal resources. 1.  This Directive establishes a framework for maritime spatial planning involving integrated coastal management aiming at promoting the sustainable development and growth of maritime and coastal economies and the sustainable use of marine and coastal resources, in particular by supporting the priority areas identified in the Commission Communication of 13 September 2012 on Blue Growth Opportunities for Marine and Maritime Sustainable Growth. Amendment 22 Proposal for a directive Article 1 – paragraph 2 2.  Within the Integrated Maritime Policy of the Union, this framework provides for the establishment and implementation by Member States of maritime spatial plans and of integrated coastal management strategies with the aim of meeting the objectives specified in Article 5. 2.  Within the Integrated Maritime Policy of the Union, this Directive provides a framework for the establishment and implementation by Member States of maritime spatial plans and of integrated coastal management strategies with the aim of meeting the objectives specified in Article 5, taking into account land-sea interactions and enhanced cross-border cooperation on the basis of the respective UNCLOS provisions. Amendment 23 Proposal for a directive Article 2 – paragraph 1 1.  The provisions of this Directive shall apply to marine waters and coastal zones. 1.  The provisions of this Directive shall apply to all marine waters and coastal zones of the Union, in compliance with existing Union and national law. Amendment 24 Proposal for a directive Article 2 – paragraph 2 2.  This Directive shall not apply to activities the sole purpose of which is defence or national security. Each Member State shall, however, endeavour to ensure that such activities are conducted in a manner compatible with the objectives of this Directive. 2.  This Directive shall not apply to activities the sole purpose of which is defence or national security. Member States shall, however, endeavour to ensure that such activities are conducted in a manner that is compatible, in so far as is reasonable and practicable, with the objectives of this Directive. Amendment 25 Proposal for a directive Article 3 – point 1 1.  ‘Coastal zone’ means the geomorphologic area on both sides of the seashore area with as the seaward limit the external limit of the territorial seas of Member States and as the landward limit, the limit as defined by the Member States in their integrated coastal management strategies. 1.  ‘Coastal zone’ means the seashore and the geomorphologic area on both sides of the seashore as defined by Member States in their respective laws, with the seaward limit not exceeding their territorial seas. Amendment 26 Proposal for a directive Article 3 – point 2 2.  ‘Integrated Maritime Policy’ means the Union policy with the aim to foster coordinated and coherent decision-making to maximise the sustainable development, economic growth and social cohesion of Member States, in particular with regard to coastal, insular and outermost regions in the Union, as well as maritime sectors, through coherent maritime-related policies and relevant international cooperation. 2.  ‘Integrated Maritime Policy’ means the Union policy established to foster a coordinated and coherent cross-sectoral and trans-boundary maritime governance to maximise the sustainable development, economic growth and social cohesion of Member States, in particular with regard to coastal, insular and outermost regions in the Union, as well as maritime sectors, through coherent maritime-related policies and relevant international cooperation. Amendment 27 Proposal for a directive Article 3 – point 2 a (new) 2a.  ‘Maritime spatial plans’ means the plan or plans resulting from a public process for analysing and planning the spatial and temporal distribution of human activities in sea areas to achieve the economic, environmental and social objectives laid down in this Directive, in accordance with the relevant national policies, with a view to identifying the utilisation of maritime space for different sea uses and encouraging multi-purpose use in particular. Amendment 28 Proposal for a directive Article 3 – point 2 b (new) 2b.  'Integrated coastal management strategies' means the formal and informal practices and/or strategies that aim at the integrated management of all policy processes affecting the coastal zone, addressing land-sea interactions of coastal activities in a coordinated way, with a view to ensuring the sustainable development of coastal and marine areas. Such strategies ensure that management or development decisions are taken coherently across sectors so as to avoid, or at least limit, conflicts over the use of coastal areas. Separate vote Proposal for a directive Article 3 – point 3 3.  ‘Marine region or sub-region’ means the marine regions and sub-regions referred to in Article 4 of Directive 2008/56/EC. 3.  ‘Marine region’ means the marine regions referred to in Article 4 of Directive 2008/56/EC. Amendment 29 Proposal for a directive Article 3 – point 4 4.  ‘Marine waters’ means the waters, the seabed and subsoil as defined in Article 3(1) of Directive 2008/56/EC. 4.  ‘Marine waters’ means the waters, the seabed and subsoil on the seaward side of the baseline from which the breadth of territorial waters is measured, extending to the outermost reach of the area where a Member State has and/or exercises jurisdiction, in accordance with UNCLOS, with the exception of waters adjacent to the countries and territories mentioned in Annex II to the Treaty of the Functioning of the European Union and the French Overseas Departments and Collectivities. Amendment 31 Proposal for a directive Article 3 – point 7 7.  ‘Good environmental status’ means the environmental status referred to in Article 3(5) of Directive 2008/56/EC. 7.  ‘Good environmental status’ means the environmental status referred to in Article 3(5) of Directive 2008/56/EC and Commission Decision 2010/477/EU. Amendment 32 Proposal for a directive Article 4 – paragraph 1 1.  Each Member State shall establish and implement a maritime spatial plan or plans and an integrated coastal management strategy or strategies. They may be prepared in separate documents. 1.  Each Member State shall establish and implement maritime spatial planning. Where a Member State does not integrate land-sea interactions in its maritime spatial plan, those interactions shall be addressed through integrated coastal management. Member States may decide whether to follow an integrated approach or to establish maritime spatial plans and integrated coastal management strategies separately. Amendment 33 Proposal for a directive Article 4 – paragraph 1 a (new) 1a.  Member States or competent regional or local authorities shall remain responsible for designing and determining the content of such plans and strategies, including the apportionment of maritime space to the different sector activities and maritime and marine uses. Amendment 34 Proposal for a directive Article 4 – paragraph 3 3.   When establishing maritime spatial plans and integrated coastal management strategies, Member States shall give due regard to the particularities of the regions and the sub-regions, the respective sector activities, the marine waters and coastal zones concerned and potential climate change impacts. 3.   When establishing maritime spatial plans and integrated coastal management strategies, Member States shall give due regard to the particularities and needs of, and the opportunities presented by, the marine and coastal regions and sub-regions, the respective existing and future sector activities, the marine waters and coastal zones concerned and climate change impacts. Amendment 35 Proposal for a directive Article 4 – paragraph 3 a (new) 3a.  In the case of the Union's outermost regions in particular, Article 349 of the TFEU shall be respected, taking into account the special characteristics and constraints of those regions. Amendment 36 Proposal for a directive Article 5 Maritime spatial plans and integrated coastal management strategies shall apply an ecosystem-based approach to facilitate the co-existence and prevent conflicts between competing sector activities in marine waters and coastal zones, and shall aim to contribute to: 1.   Maritime spatial plans and integrated coastal management strategies shall apply the ecosystem-based approach, considering economic, social and environmental criteria at the same level, to support sustainable development and growth in the maritime sector. They shall promote the co-existence of the relevant sector activities in a compatible manner, minimise conflicts between those activities in marine waters and coastal zones, and promote cross-border cooperation and the multiple use of the same maritime space by different sectors. 2.  Maritime spatial plans and integrated coastal management strategies shall aim to contribute to the following Union objectives: (a)  securing the energy supply of the Union by promoting the development of marine energy sources, the development of new and renewable forms of energy, the interconnection of energy networks, and energy efficiency; (a)  securing the energy supply of the Union by promoting the development of marine energy sources, the development of new and renewable forms of energy, the interconnection of energy networks, and energy efficiency; (b)  promoting the development of maritime transport and providing efficient and cost-effective shipping routes across Europe, including port accessibility and transport safety; (b)  promoting the development of maritime transport across Europe, including port accessibility, transport safety, multimodal links and sustainability; (c)  fostering the sustainable development and growth of the fisheries and aquaculture sector, including employment in fisheries and connected sectors; (c)  fostering the sustainable development of the fisheries sector and sustainable growth of the aquaculture sector, including employment in fisheries and connected sectors; (d)  ensuring the preservation, protection and improvement of the environment as well as the prudent and rational use of natural resources, notably in order to achieve good environmental status, halt the loss of biodiversity and degradation of ecosystem services and reduce marine pollution risks; (d)  ensuring the preservation, protection and improvement of the environment through a representative and coherent network of protected areas, as well as the prudent, precautionary and rational use of natural resources, notably in order to achieve good environmental status, halt the loss of biodiversity and degradation of ecosystem services and reduce and prevent marine and coastal areas pollution risks; (e)  ensuring climate resilient coastal and marine areas. (e)  ensuring that coastal and marine areas are more resilient to climate change impacts in order to protect vulnerable coastal areas. 3.  Maritime spatial plans and integrated coastal management strategies may aim to contribute to further national objectives, such as: (a)  promoting the sustainable extraction of raw materials; (b)  promoting sustainable tourism; (c)  ensuring the preservation and protection of cultural heritage; (d)  guaranteeing recreational and other use to the public; (e)  preserving traditional economic and social characteristics of the maritime economy. Amendment 37 Proposal for a directive Article 6 – paragraph 1 1.  Maritime spatial plans and integrated coastal management strategies shall establish operational steps to achieve the objectives as set out in Article 5 taking into account all relevant activities and measures applicable to them. 1.  Each Member State shall establish procedural steps to achieve the objectives set out in Article 5, taking into account the relevant activities, uses and measures applicable to them. Amendment 38 Proposal for a directive Article 6 – paragraph 2 – point b (b)  ensure effective trans-boundary cooperation between Member States, and between national authorities and stakeholders of the relevant sector policies; (b)  ensure effective participation of the stakeholders of the relevant sector policies in accordance with Article 9; Amendment 39 Proposal for a directive Article 6 – paragraph 2 – point b a (new) (ba)  ensure effective trans-boundary cooperation between Member States in accordance with Article 12; Amendment 40 Proposal for a directive Article 6 – paragraph 2 – point c (c)  identify the trans-boundary effects of maritime spatial plans and integrated coastal management strategies on the marine waters and coastal zones under the sovereignty or jurisdiction of third countries in the same marine region or sub-region and related coastal zones and deal with them in cooperation with the competent authorities of these countries in accordance with Articles 12 and 13; (c)  identify the trans-boundary effects of maritime spatial plans and integrated coastal management strategies on the marine waters and coastal zones under the sovereignty or jurisdiction of third countries in the same marine region or sub-region and related coastal zones and deal with them in cooperation with the competent authorities of those countries in accordance with Article 13; Amendment 41 Proposal for a directive Article 6 – paragraph 2 – point c a (new) (ca)  on the one hand, be based on the best available data and, on the other hand, guarantee the necessary flexibility to take future developments into account; Amendment 42 Proposal for a directive Article 7 – paragraph 1 1.  Maritime spatial plans shall contain at least a mapping of marine waters which identifies the actual and potential spatial and temporal distribution of all relevant maritime activities in order to achieve the objectives as set out in Article 5. 1.  Maritime spatial plans shall contain at least a mapping of marine waters which identifies the actual, intended and potential spatial and temporal distribution of all relevant maritime uses and activities and important ecosystem components, in order to achieve the Union objectives set out in Article 5. Amendment 43 Proposal for a directive Article 7 – paragraph 2 – introductory part 2.  When establishing maritime spatial plans Member States shall take into consideration, at least, the following activities: 2.  When establishing maritime spatial plans Member States shall take into consideration, inter alia, the following uses and activities: Amendment 44 Proposal for a directive Article 7 – paragraph 2 – points a to g (a)   installations for the extraction of energy and the production of renewable energy; (a)  installations for the extraction of energy and the production of renewable energy, and for bringing it onshore; (b)  oil and gas extraction sites and infrastructures; (b)  oil, gas and other raw materials exploration and extraction sites and infrastructures; (c)  maritime transport routes; (c)  maritime transport routes; (d)  submarine cable and pipeline routes; (d)  submarine cable and pipeline routes; (e)  fishing areas; (e)  existing and potential fishing areas; (f)  sea farming sites; (f)  sea farming areas; (g)  nature conservation sites. (g)  nature and species protection and conservation sites, Natura 2000 areas, other sensitive marine ecosystems and surrounding areas, in accordance with Union and national law; (h)  marine and coastal tourism; (i)  cultural heritage protection sites; (j)  military training areas. Amendment 45 Proposal for a directive Article 8 – paragraph 1 1.  Integrated coastal management strategies shall contain at least, an inventory of existing measures applied in coastal zones and an analysis of the need for additional actions in order to achieve the objectives set out in Article 5. The strategies shall provide for integrated and cross-sectoral policy implementation and consider interactions between terrestrial and maritime activities. 1.  When establishing integrated coastal management Member States shall decide whether to use a set of practices or one or more strategies. They shall identify existing measures applied in coastal zones and undertake an analysis of the need for additional actions in order to achieve the objectives set out in Article 5. Integrated coastal management shall enhance integrated and cross-sectoral policy implementation and take interactions between terrestrial and maritime activities into consideration in order to ensure land-sea connectivity. Amendment 46 Proposal for a directive Article 8 – paragraph 2 – introductory part 2.  When establishing integrated coastal management strategies, Member States shall take into consideration, at least, the following activities: 2.  When establishing integrated coastal management strategies, Member States shall take into consideration: Amendment 47 Proposal for a directive Article 8 – paragraph 2 – point a (a)  utilisation of specific natural resources including installations for the extraction of energy and the production of renewable energy; deleted Amendment 48 Proposal for a directive Article 8 – paragraph 2 – point a a (new) (aa)  already established practices and strategies in line with Recommendation 2002/413/EC; Amendment 49 Proposal for a directive Article 8 – paragraph 2 – point a b (new) (ab)  existing formal and informal practices, networks and cross-border cooperation mechanisms; Amendment 50 Proposal for a directive Article 8 – paragraph 2 – point a c (new) (ac)  relevant activities, installations, facilities and infrastructure; Amendment 51 Proposal for a directive Article 8 – paragraph 2 – point b (b)  development of infrastructure, energy facilities, transport, ports, maritime works and other structures including green infrastructure; deleted Amendment 52 Proposal for a directive Article 8 – paragraph 2 – point c (c)  agriculture and industry; deleted Amendment 53 Proposal for a directive Article 8 – paragraph 2 – point d (d)  fishing and aquaculture; deleted Amendment 54 Proposal for a directive Article 8 – paragraph 2 – point e (e)  conservation, restoration and management of coastal ecosystems, ecosystem services and nature, coastal landscapes and islands; (e)  protection, conservation, restoration and management of coastal ecosystems, protected deltas and wetland areas, ecosystem services and nature, coastal landscapes and islands; Amendment 55 Proposal for a directive Article 8 – paragraph 2 – point f (f)  mitigation and adaptation to climate change. (f)  mitigation and adaptation to climate change, in particular increasing the resilience of the ecosystem. Amendment 56 Proposal for a directive Article 9 – paragraph 1 1.   Member States shall establish means for the public participation of all interested parties at an early stage in the development of maritime spatial plans and integrated coastal management strategies. Member States shall establish means for public participation by informing and consulting the relevant stakeholders and authorities and the public concerned at an early stage in the development of maritime spatial plans and integrated coastal management strategies. Member States shall also ensure that those stakeholders and authorities, and the public concerned, have access to the results once they are finalised. Amendment 57 Proposal for a directive Article 9 – paragraph 2 2.  Public participation shall ensure that the relevant stakeholders and authorities and the public concerned are consulted on the draft plans and strategies and have access to the results once available. deleted Amendment 58 Proposal for a directive Article 9 – paragraph 3 3.  When establishing means of public consultation, Member States shall act in accordance with relevant provisions in other Union legislation. deleted Amendment 59 Proposal for a directive Article 10 – paragraph 1 1.  Member States shall organise the collection of the best available data and the exchange of information necessary for maritime spatial plans and integrated coastal management strategies. 1.  Member States shall organise the collection and use of the best available data and the exchange of information necessary for maritime spatial plans and the implementation of integrated coastal management strategies. Amendment 60 Proposal for a directive Article 10 – paragraph 3 3.  When organising the collection and exchange of the data referred to in paragraph 1, Member States shall make use, as far as possible, of instruments and tools developed under the Integrated Maritime Policy. 3.  When organising the collection and exchange of the data referred to in paragraph 1, Member States shall make use, as far as possible, of instruments and tools developed under the Integrated Maritime Policy and other relevant Union policies, such as those set out in Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)27a. _____________ 27a OJ L 108, 25.4.2007, p. 1. Amendment 61 Proposal for a directive Article 11 Maritime spatial plans and integrated coastal management strategies are subject to the provisions of Directive 2001/42/EC. Maritime spatial plans and integrated coastal management strategies are subject to the provisions of Directive 2001/42/EC and of Article 6 of Directive 92/43/EEC, where applicable. Amendment 62 Proposal for a directive Article 12 – paragraph 1 1.  Each Member State bordering a coastal zone or maritime area of another Member State shall cooperate to ensure that maritime spatial plans and integrated coastal management strategies are coherent and coordinated across the coastal zone or marine region and/or sub-region concerned. Such cooperation shall in particular take into account issues of a transnational nature, such as cross-border infrastructure. 1.  Each Member State bordering a coastal zone or maritime area of another Member State shall take all necessary steps to cooperate to ensure that maritime spatial plans and integrated coastal management strategies are coherent and coordinated across the coastal zone or marine region and/or sub-region concerned. Such cooperation shall in particular take into account issues of a transnational nature, such as cross-border infrastructure, and shall aim at a common vision for each existing and future sea-basin strategy. Amendment 63 Proposal for a directive Article 12 – paragraph 1 a (new) 1a.  In order to enable cooperation to take place, Member States should, where possible, coordinate the timing of new Maritime Spatial Plans or the review cycles of existing ones. Amendment 64 Proposal for a directive Article 12 – paragraph 2 – point a (a)  regional institutional cooperation structures covering the coastal zone or the marine region or sub-region concerned, or (a)  Regional Seas Conventions or other regional institutional cooperation structures covering the coastal zone or the marine region or sub-region concerned, or Amendment 65 Proposal for a directive Article 12 – paragraph 2 – point b (b)  a dedicated network of Member States' competent authorities covering the marine region and/or sub-region concerned. (b)  a network of Member States' competent authorities covering the coastal zone, marine region and/or sub-region concerned, or Amendment 66 Proposal for a directive Article 12 – paragraph 2 – point b a (new) (ba)  any other approach that meets the requirements of paragraph 1. Amendment 67 Proposal for a directive Article 13 Member States bordering a coastal zone or maritime area of a third country shall make every effort to coordinate their maritime spatial plans and integrated coastal management strategies with that third country in the marine region or sub-region and the related coastal zone concerned. Member States bordering a coastal zone or maritime area of a third country shall, in compliance with international maritime law and conventions, consult that country and make every effort to cooperate and coordinate their maritime spatial plans and integrated coastal management strategies with that third country in the marine region or sub-region and the related coastal zone concerned. Amendment 87 Proposal for a directive Article 14 1.  Each Member State shall designate for each coastal zone and marine region or sub-region concerned, the authority or authorities competent for the implementation of this Directive, including to ensure cooperation with other Member States as defined in Article 12 and cooperation with third countries as defined in Article 13. 1.  Each Member State shall designate for each coastal zone and marine region concerned, the authority or authorities in charge of the implementation of this Directive, including to ensure cooperation with other Member States as defined in Article 12 and cooperation with third countries as defined in Article 13. 2.  Each Member State shall provide the Commission with a list of the competent authorities, together with the items of information listed in Annex I to this Directive. 2.  Each Member State shall provide the Commission with a list of the authorities in charge, together with the items of information listed in Annex I to this Directive. 3.  At the same time, each Member State shall send to the Commission a list of their competent authorities responsible for those international bodies in which they participate and which are relevant for the implementation of this Directive. 3.  At the same time, each Member State shall send to the Commission a list of their competent authorities responsible for those international bodies in which they participate and which are relevant for the implementation of this Directive. 4.  Each Member State shall inform the Commission of any change to the information provided pursuant to paragraph 1 within six months of such a change coming into effect. 4.  Each Member State shall inform the Commission of any change to the information provided pursuant to paragraph 1 within six months of such a change coming into effect. 4a.  In accordance with the principle of subsidiarity, each Member State may designate its authorities in charge in accordance with the institutional and governance levels in place. Amendment 68 Proposal for a directive Article 15 – paragraph 2 2.  This report shall at least contain information on the implementation of Articles 6 to 13. 2.  This report shall at least contain information on the implementation of Articles 6 to 13. Where possible, the content and format of the report shall be harmonised with the relevant specifications laid down in Directive 2008/56/EC. Amendment 69 Proposal for a directive Article 15 – paragraph 3 3.  The Commission shall submit a progress report to the European Parliament and Council outlining the progress made in implementing this Directive. 3.  The Commission shall submit a progress report to the European Parliament and Council at the latest one year after the deadline for the establishment of the maritime spatial plans and integrated coastal management strategies, outlining the progress made in implementing this Directive. Amendment 70 Proposal for a directive Article 16 – paragraph 1 – introductory part 1.  The Commission may, by means of implementing acts, adopt provisions on: 1.  The Commission may, without prejudice to specifications concerning substantive related plans and strategies, by means of implementing acts, adopt provisions on: Amendment 71 Proposal for a directive Article 16 – paragraph 1 – point a – introductory part (a)  operational specifications for management of data referred in Article 10, provided they have not been established by other EU legislation, such as Directive 2007/2/EC or 2008/56/EC, on (a)  process-related specifications for management of data referred in Article 10, provided they have not been established by other legal acts of the Union, such as Directive 2007/2/EC or 2008/56/EC, on Amendment 72 Proposal for a directive Article 16 – paragraph 1 – point a – indent 1 –  the sharing of data, and interfacing with existing data management and collection processes; and –  the effective sharing of data, and interfacing with existing systems for data management and collection processes; and Amendment 73 Proposal for a directive Article 16 – paragraph 1 – point b – introductory part (b)  the operational steps for the establishment and reporting on maritime spatial plans and integrated coastal management strategies concerning: (b)  the process-related steps that contribute to the establishment and reporting on maritime spatial plans and integrated coastal management strategies concerning: Amendment 74 Proposal for a directive Article 16 – paragraph 1 – point b – indent 3 –  cross-border co-operation modalities; –  the most effective modalities of cross-border cooperation. Amendment 75 Proposal for a directive Article 16 – paragraph 1 – point b – indent 4 –  public consultation. deleted Amendment 76 Proposal for a directive Article 17 – paragraph 2 2.  Where reference is made to paragraph 1, Article 5 of Regulation (EU) No 182/2011 shall apply. 2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Amendment 77 Proposal for a directive Article 18 – paragraph 2 2.  When Member States adopt the measures referred to in paragraph 1, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Each Member State shall determine how such reference is to be made. 2.  When Member States adopt the measures referred to in paragraph 1, following the entry into force of this Directive, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Each Member State shall determine how such reference is to be made. Amendment 78 Proposal for a directive Article 18 – paragraph 4 4.  The maritime spatial plans and integrated coastal management strategies referred to in Article 4(1) shall be established within a period of 36 months after the entry into force of this Directive. 4.  The maritime spatial plans and integrated coastal management strategies referred to in Article 4(1) shall be established within a period of 48 months after the entry into force of this Directive. Amendment 79 Proposal for a directive Article 18 – paragraph 5 5.  The reports referred to in Article 15(1) shall be provided, at the latest, 42 months following the entry into force of the Directive, and every six years thereafter. 5.  The reports referred to in Article 15(1) shall be provided, at the latest, 54 months following the entry into force of this Directive, and every six years thereafter. Amendment 80 Proposal for a directive Article 18 – paragraph 6 6.  The progress report referred to in Article 15(3) shall be submitted at the latest six months after the date referred to in paragraph 5, and every six years thereafter. 6.  The progress report referred to in Article 15(3) shall be submitted at the latest six months after the date referred to in paragraph 5, and every four years thereafter. Amendment 81 Proposal for a directive Article 18 – paragraph 6 a (new) 6a.  The transposition obligations contained in this Directive shall not apply to landlocked Member States.

(1) The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0379/2013).

European Parliament legislative resolution of 12 December 2013 on the proposal for a directive of the European Parliament and of the Council amending certain Directives in the fields of environment, agriculture, social policy and public health by reason of the change of status of Mayotte with regard to the Union (COM(2013)0418 – C7-0176/2013 – 2013/0192(COD))

P7_TA(2013)0589 A7-0399/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0418),

–  having regard to Article 294(2), Article 43(2), Article 114, Article 153(2), Article 168 and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0176/2013),

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

–  having regard to the Council letter of 10 October 2013(1),

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

–  having regard to the opinion of the European Economic and Social Committee of 18 September 2013(2),

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

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Regional Development (A7-0399/2013),

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 12 December 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council amending certain Directives in the fields of environment, agriculture, social policy and public health by reason of the change of status of Mayotte with regard to the Union

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), Article 114, Article 153(2), Article168 and Article 192(1) thereof,

Having regard to the proposal from the European Commission,

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

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

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

Whereas:

(1)  By Decision 2012/419/EU(5), the European Council decided to amend the status of Mayotte with regard to the European Union with effect from 1 January 2014. Therefore, from that date Mayotte will cease to be an overseas country or territory within the meaning of Article 198 of the Treaty on the Functioning of the European Union (TFEU) and become an outermost region within the meaning of Articles 349 and 355(1) TFEU. Following this change in the legal status of Mayotte, Union law will apply to Mayotte as from that date 1 January 2014. It is appropriate to provide for certain specific measures justified by the particular structural, social, environmental and economic situation of Mayotte and its new status as an outermost region, in a number of areas. [Am. 1]

(2)  It is appropriate to take account of the particular situation in Mayotte as regards the state of the environment, which calls for considerable improvement in order to comply with environmental objectives set forth by Union law, for which additional time is needed. Specific measures in order to gradually improve the environment should be adopted within specific time limits.

(3)  In order to comply with the requirements of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment(6), measures need to be taken in Mayotte to ensure that agglomerations are provided with collecting systems for urban waste water. Such measures call for infrastructure works that should follow appropriate administrative and planning procedures and furthermore require the establishment of systems for measuring and monitoring urban waste water discharges. Therefore, a sufficient period of time needs to be granted to France for meeting those requirements.

(4)  In the field of agriculture, as regards Council Directive 1999/74/EC of 19 July 1999 laying down minimum standards for the protection of laying hens(7) it is noted that, in Mayotte, laying hens are reared in unenriched cages. In view of the economic and social constraints obtaining in Mayotte and the considerable investment and preparatory work required for replacing unenriched cages by enriched cages or alternative systems, it is necessary, in respect of laying hens in lay on 1 January 2014, to postpone the prohibition of using unenriched cages for a period of up to 12 months four years from that date. Replacement of the cages during the laying cycle of the hens should thereby be avoided. In order to prevent distortions of competition, eggs derived from establishments using unenriched cages should be marketed only on the local market of Mayotte. In order to facilitate the necessary controls, eggs produced in unenriched cages should bear a special mark. [Am. 2]

(5)  In respect of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(8), the proper implementation of that Directive as regards river basin management plans requires that France adopt and implement management plans containing technical and administrative measures to achieve good water status for, and to prevent the deterioration of all bodies of surface waters. A sufficient period of time needs to be granted for the adoption and implementation of such measures.

(6)  In respect of Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC(9), the current state of surface waters in Mayotte calls for considerable improvement in order to comply with the requirements of that Directive. The quality of bathing waters depends directly upon urban waste water treatment, and the provisions of Directive 2006/7/EC may only be complied with progressively once agglomerations that affect the quality of urban waste waters comply with the requirements of Directive 91/271/EEC. Therefore, specific time limits need to be adopted in order to allow France to reach the Union standards as regards bathing water quality in Mayotte as a new outermost region and due to its special social, environmental and economic situation. [Am. 3]

(7)  In the area of social policy, account should be taken of the difficulties to comply with Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation)(10) in Mayotte as from 1 January 2014. There are no technical facilities available in Mayotte due to its prevailing special social and economic situation for the implementation of measures necessary to comply with that Directive in the field of artificial optical radiation. Therefore, it is possible appropriate to grant a derogation to France from certain provisions of that Directive until 31 December 2017, provided that those structures are not available in Mayotte and without prejudice to the general principles of protection and prevention in the area of health and safety of workers. [Am. 4]

(8)  In order to guarantee a high level of protection of the health and safety of workers at work, the consultation with the social partners should be ensured, the risks resulting from the derogation should be reduced to a minimum and the workers concerned should benefit from to reinforced health surveillance. It is important to reduce the duration of the derogation as much as possible. Therefore, the national derogating measures should be reviewed every year and withdrawn as soon as the circumstances justifying them no longer subsist.

(9)  In respect of Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare(11), its transposition requires a number of adaptations to ensure continuity of care and information to patients. It is therefore appropriate to grant France an additional period of 30 months from 1 January 2014 to bring into force the provisions necessary to comply with that directive in respect of Mayotte.

(10)  Directives 91/271/EEC, 1999/74/EC, 2000/60/EC, 2006/7/EC, 2006/25/EC and 2011/24/EU should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 91/271/EEC

Directive 91/271/EEC is amended as follows:

(1)  In Article 3, the following paragraph 1a is inserted:"

(2)  In Article 4, the following paragraph 1a is inserted:"

(3)  Article 5 is amended as follows:

(a)  The following paragraph 2a is inserted:"

(3a)  In Article 7, the following paragraph is added:"

"By way of derogation from the first paragraph, the time limit set out therein shall, in respect of Mayotte, be 31 December 2027." [Am. 10]

(4)  Article 17 is amended as follows:

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

"By way of derogation from the first subparagraph, in respect of Mayotte France shall establish a programme for the implementation of this Directive by 30 June 2014."

(b)  In paragraph 2, the following subparagraph is added:"

"By way of derogation from the first subparagraph, in respect of Mayotte France shall provide the Commission with information on the programme by 31 December 2014."

Article 2

Amendment to Directive 1999/74/EC

In Article 5 of Directive 1999/74/EC, the following paragraph is added:"

"3. By way of derogation from paragraph 2, in Mayotte, laying hens in lay on 1 January 2014 and may continue to be reared at that date in cages as referred to in this Chapter may continue to be reared in such cages until 31 December 2014 2017. [Am. 11]

From 1 January 2014, no cages as referred to in this Chapter may be built or brought into service for the first time in Mayotte.

Eggs derived from establishments rearing laying hens in cages as referred to in this Chapter shall only be placed on the local market of Mayotte. Those eggs and their packs shall be clearly identified with a special mark, allowing for the necessary controls. A clear description of this special mark shall be communicated to the Commission by 1 January 2014."

Article 3

Amendments to Directive 2000/60/EC

Directive 2000/60/EC is amended as follows:

(1)  Article 4 is amended as follows:

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

"As regards Mayotte, the time limit referred to in points (a)(ii), (a)(iii), (b)(ii) and (c) shall be 22 December 2021."

(b)  in paragraph 4, the introductory sentence is replaced by the following:"

"The time limits established under paragraph 1 may be extended for the purposes of phased achievement of the objectives for bodies of water, provided that no further deterioration occurs in the status of the affected body of water when all the following conditions are met:"

(2)  Article 11 is amended as follows:

(a)  in paragraph 7, the following subparagraph is added:"

"As regards Mayotte, the time limits referred to in the first subparagraph shall be 22 December 2015 and 22 December 2018 respectively."

(b)  in paragraph 8, the following subparagraph is added:"

"As regards Mayotte, the time limit referred to in the first subparagraph shall be 22 December 2021."

(3)  Article 13 is amended as follows:

(a)  in paragraph 6, the following subparagraph is added:"

"As regards Mayotte, the time limit referred to in the first subparagraph shall be 22 December 2015."

(b)  in paragraph 7, the following subparagraph is added:"

"As regards Mayotte, the time limit referred to in the first subparagraph shall be 22 December 2021."

Article 4

Amendments to Directive 2006/7/EC

Directive 2006/7/EC is amended as follows:

(1)  Article 5 is amended as follows:

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

"As regards Mayotte, the time limit referred to in the first subparagraph shall be 31 December 2019."

(b)  in paragraph 3, the following subparagraph is added:"

"As regards Mayotte, the time limit referred to in the first subparagraph shall be 31 December 2031."

(2)  In Article 6(1), the following subparagraph is added:"

"As regards Mayotte, the time limit referred to in the first subparagraph shall be 30 June 2015."

(3)  In Article 13(2), the following subparagraph is added:"

"As regards Mayotte, the time limit referred to in the first subparagraph shall be 30 June 2014."

Article 5

Amendment to Directive 2006/25/EC

In Directive 2006/25/EC, the following Article 14a is inserted:"

"Article 14a

1.  Without prejudice to with the general principles of protection and prevention in the area of health and safety of workers, France may until 31 December 2017 derogate from the application of the provisions necessary to comply with this Directive in Mayotte provided that such application requires specific technical facilities and that such facilities are not available in Mayotte.

The first subparagraph does not apply to the obligations in Article 5(1) of this Directive as well as to those provisions of this Directive which reflect the general principles set out in Directive 89/391/EEC.

2.  All derogations from this Directive resulting from the application of measures existing on 1 January 2014 or from the adoption of new measures shall be preceded by a consultation with the social partners in accordance with national laws and practice. Such derogations shall be applied under conditions which guarantee, taking into account the particular circumstances prevailing in Mayotte, that the resulting risks for workers are reduced to a minimum and that the workers concerned benefit from reinforced health surveillance.

3.  The national derogating measures shall be reviewed every year, after consultation with the social partners, and shall be withdrawn as soon as the circumstances justifying them no longer subsist."

Article 6

Amendment to Directive 2011/24/EU

In Article 21 of Directive 2011/24/EU, the following paragraph 3 is added:"

"3. By way of derogation from the first sentence of paragraph 1, France shall bring into force the laws, regulations and administrative provisions necessary to comply with this directive in respect of Mayotte by 30 June 2016."

Article 7

Transposition

1.  France shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive as follows:

(a)  in respect of Article 1(1), (2) and (3), by 31 December 2018;

(b)  in respect of Article 1(4), by the dates referred to in points (a) and (b) thereof respectively;

(c)  in respect of Article 2, by 1 January 2014;

(d)  in respect of Article 3(1), by 31 December 2018;

(e)  in respect of Article 3(2) and (3), by the dates referred to therein;

(f)  in respect of Article 4(1)(a), by 31 December 2018;

(g)  in respect of Article 4(1)(b), by 30 June 2021;

(h)  in respect of Article 4(2) and (3), by the dates referred to therein;

(i)  in respect of Article 5, by 1 January 2014, unless France does not make use of the possibility foreseen in that Article;

(j)  in respect of Article 6, by the date referred to therein.

France shall forthwith communicate to the Commission the text of those provisions.

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

2.  France shall communicate to the Commission the text of the main provisions of national law which it adopts in the field covered by this Directive.

Article 8

Entry into force

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

It shall apply from 1 January 2014. [Am. 12]

Article 9

Addressee

This Directive is addressed to the French Republic.

Done at ...,

For the European Parliament For the Council

The President The President

(1) Item 4 of the Minutes of 21 October 2013 (P7_PV(2013)10-21). (2) OJ C 341, 21.11.2013, p. 97. (3) OJ C 341, 21.11.2013, p. 97. (4) Position of the European Parliament of 12 December 2013. (5) OJ L 204, 31.7.2012, p. 131. (6) OJ L 135, 30.5.1991, p. 1. (7) OJ L 203, 3.8.1999, p. 53. (8) OJ L 327, 22.12.2000, p. 1. (9) OJ L 64, 4.3.2006, p. 37. (10) OJ L 114, 27.4.2006, p. 38. (11) OJ L 88, 4.4.2011, p. 45.

European Parliament legislative resolution of 12 December 2013 on the proposal for a decision of the European Parliament and of the Council establishing a Union action for the European Capitals of Culture for the years 2020 to 2033 (COM(2012)0407 – C7-0198/2012 – 2012/0199(COD))

P7_TA(2013)0590 A7-0226/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0407),

–  having regard to Article 294(2) and Article 167(5) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0198/2012),

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

–  having regard to the opinions of the Committee of the Regions of 15 February 2012(1) and 30 November 2012(2),

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

–  having regard to the report of the Committee on Culture and Education (A7-0226/2013),

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 12 December 2013 with a view to the adoption of Decision No .../2014/EU of the European Parliament and of the Council establishing a Union action for the European Capitals of Culture for the years 2020 to 2033 and repealing Decision No 1622/2006/EC
[Amendment 84(3)]

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 the first indent of Article 167(5) 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 opinions of the Committee of the Regions(4),

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

Whereas:

(1)  The Treaty on the Functioning of the European Union (TFEU) aims at an ever closer union among the peoples of Europe and confers on the Union the task, inter alia, of contributing to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore. In this respect, the Union, where necessary, supports and supplements Member States' action to improve the knowledge and dissemination of the culture and history of the European peoples.

(2)  The Commission's communication ▌on a European agenda for culture in a globalizing world ▌, endorsed by the Council in a resolution of 16 November 2007 ▌(6) and by the European Parliament in its resolution of 10 April 2008(7), sets the objectives for future activities of the Union in the field of culture. These activities should promote cultural diversity and intercultural dialogue. They should also promote culture as a catalyst for creativity within the framework of growth and jobs, as well as a vital element in the Union's international relations.

(2a)  The UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, which entered into force on 18 March 2007 and to which the Union is a party, aims at protecting and promoting cultural diversity, fostering interculturality and raising awareness of the value of cultural diversity at local, national and international levels.

(3)  Decision No 1622/2006/EC of the European Parliament and of the Council(8) ▌established a Community action for the European Capital of Culture event for the years 2007 to 2019.

(4)  The evaluations of the European Capitals of Culture as well as the public consultation on the future of the action after 2019 reveal that the Capitals have progressively become one of the most ambitious cultural initiatives in Europe as well as one of the most appreciated by European citizens.

(5)  In addition to the original objectives of the European Capitals of Culture, which were to highlight the richness and diversity of European cultures and the features they share and to promote greater mutual understanding between European citizens, cities holding the title have also progressively added a new dimension by using the leverage effect of the title to stimulate the city's more general development in accordance with their respective strategies and priorities.

(6)  The objectives of the European Capitals of Culture action are fully in line with the objectives of the Creative Europe Programme established by Regulation (EU) No 1295/2013 of the European Parliament and of the Council(9) which aims to safeguard, develop and promote European cultural and linguistic diversity, to promote Europe's cultural heritage and to strengthen the competitiveness of the European cultural and creative sectors, in particular of the audio-visual sector, with a view to supporting smart, sustainable and inclusive growth. They also help to strengthen the feeling of belonging to a common cultural area, and stimulate intercultural dialogue and mutual understanding.

(6a)   To achieve those objectives, it is important for the cities holding the title to seek to develop links between, on the one hand, their cultural and creative sectors, and, on the other hand, sectors such as education, research, environment, urban development or cultural tourism. In particular, past evidence show the potential of European Capitals of Culture in acting as a catalyst for local development and cultural tourism as highlighted in the Commission's Communication of 30 June 2010 entitled "Europe, the world's No 1 tourist destination – a new political framework for tourism in Europe", welcomed by the Council in its conclusions of 12 October 2010(10) and endorsed by the European Parliament in its resolution of 27 September 2011(11).

(6b)   It is also important for cities holding the title to seek to promote social inclusion and equal opportunities and do their utmost to ensure the broadest possible involvement of all the components of civil society in the preparation and implementation of the cultural programme, with special attention being paid to marginalised and disadvantaged groups.

(7)  The evaluations and the public consultation have convincingly shown that the European Capitals of Culture have many potential benefits when they are carefully planned ▌. They remain first and foremost a cultural initiative, but they can also bring significant social and economic benefits, particularly when they are embedded within a long-term culture-led development strategy in the city concerned.

(8)  The European Capitals of Culture action is also highly challenging. Staging a year-long programme of cultural activities is demanding and some European Capitals of Culture have been more successful than others in capitalising on the potential. Therefore, the action should be reinforced in order to help all cities to make the most of the title.

(9)  The European Capital of Culture title should continue to be reserved to cities, irrespective of their size, but in order to reach a wider public and amplify the impacts, those cities should also continue to have the possibility of involving their surrounding area.

(10)  The award of the title of European Capital of Culture should continue to be based on a cultural programme created specifically for the European Capital of Culture ▌, which should have a ▌strong European dimension. The programme should also be part of a longer-term strategy with a sustainable impact on the development of the local economic, cultural and social environment.

(11)  The two-stage selection process based on a chronological list of Member States and carried out by a ▌panel of independent experts (the “panel”) has proven to be fair and transparent. It has enabled cities to improve their applications between the pre-selection and the final selection phase on the basis of expert advice received from the panel, and has ensured an equitable distribution of European Capitals of Culture across all Member States. Furthermore, to safeguard the continuity of the action and avoid the loss of experience and know-how which would result from all members being replaced simultaneously, the replacement of panel members should be staggered.

(11a)  National expertise should continue to be ensured by allowing the Member States to appoint up to two experts to the panel responsible for the selection and monitoring of cities.

(12)  The selection criteria should be made more explicit in order to give better guidance to the candidate cities regarding the objectives and requirements they need to comply with in order to obtain the title of European Capital of Culture. The selection criteria should also be easier to measure in order to help the panel ▌in the selection and monitoring of cities. ▌ In this regard, there should be a particular focus on the candidate cities’ plans for legacy activities embedded in a long-term cultural policy strategy, which can generate a sustainable cultural, economic and social impact.

(13)  The preparation phase between the designation of a city and the year of the title is of crucial importance for the success of a European Capital of Culture. There is a broad consensus among stakeholders that the accompanying measures introduced by Decision No 1622/2006/EC have been very useful for the cities. Those measures should be further developed, in particular through more frequent monitoring meetings and visits to the cities by panel members, and through an even stronger exchange of experience between past, present and future European Capitals of Culture, as well as candidate cities. Designated cities may also develop further links with other European Capitals of Culture.

(14)  The Melina Mercouri Prize has acquired a strong symbolic value which goes far beyond the actual amount of the prize which may be awarded by the Commission. However, in order to ensure that the designated cities fulfil their commitments, the conditions for payment of the prize should be made more stringent and explicit.

(14a)  Candidate cities should explore the possibility, where appropriate, of seeking financial support from Union programmes and funds.

(15)  It is important that the cities concerned make clear in all their communication material that the European Capitals of Culture is an action of the Union.

(16)  The Commission’s evaluations of the results of past European Capitals of Culture cannot provide primary data on the impact of the title and are based on data collected at a local level. Therefore, the cities themselves should be the key players in the evaluation process and should put in place effective measurement mechanisms.

(17)  Past experience ▌has shown that the participation of candidate countries can help to bring them closer to the Union by highlighting the common aspects of European cultures. The European Capitals of Culture should, therefore, be open again to the participation of candidate and potential candidate countries after 2019.

(17a)   However, for reasons of equity with the cities in the Member States, every city in candidate and potential candidate countries should only be allowed to participate in one competition during the period from 2020 to 2033. Furthermore, also for reasons of equity with Member States, each candidate country or potential candidate country should only be allowed to host the title once during the period from 2020 to 2033. Therefore, cities from those candidate and potential candidate countries which have already been awarded the title during the period covered by this Decision should not be allowed to participate in the subsequent competitions during that same period.

(18)  In order to ensure uniform conditions for the implementation of this Decision and, in particular, the provisions concerning the designation of the European Capitals of Culture, implementing powers should be conferred on the Commission.

(19)  Decision No 1622/2006/EC should be repealed and replaced by this Decision. Its provisions should, however, continue to apply for all the European Capitals of Culture up to 2019 which were already designated or are in the process of being designated.

(20)  Since the objectives of this Decision, namely to safeguard and promote the diversity of cultures in Europe, to highlight the common features they share and to foster the contribution of culture to the long-term development of cities, cannot be sufficiently achieved by the Member States given the need, in particular, for common, clear and transparent criteria and procedures for the selection and the monitoring of the European Capitals of Culture, as well as for a strong coordination between the Member States, but can rather, by reason of the scale and the expected effects of the 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. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives,

HAVE ADOPTED THIS DECISION:

Article 1

Establishment

▌A Union action entitled "European Capitals of Culture" (the "action") is hereby established for the years 2020 to 2033.

Article 2

Objectives

1.  The general objectives of the action shall be the following:

(a)  to safeguard and promote the diversity of cultures in Europe and to highlight the common features they share, as well as to increase citizens’ sense of belonging to a common cultural space;

(b)  to foster the contribution of culture to the long-term development of cities in accordance with their respective strategies and priorities.

2.  The specific objectives of the action shall be the following:

(a)  to enhance the range, diversity and European dimension of the cultural offering in cities, including through transnational cooperation;

(b)  to widen access to and participation in culture;

(c)  to strengthen the capacity of the cultural sector and its links with other sectors;

(d)  to raise the international profile of cities through culture.

Article 3

Access to the action

-1. The competition for the European Capital of Culture title shall only be open to cities, which may involve their surrounding areas.

-1a. The number of European Capitals of Culture in a given year (the "year of the title") shall not exceed three.

The designation shall apply each year to a maximum of one city in each of the two Member States appearing in the calendar set out in the Annex (the "calendar") and, in the relevant years, to one city from candidate and potential candidate countries or to one city from a country that accedes to the Union in the circumstances set out in paragraph 3a.

1.  Cities in Member States shall be entitled to be designated as European Capitals of Culture for one year in accordance with the calendar.

▌

▌

3.  Cities in candidate and potential candidate countries which participate in the Creative Europe Programme or in the subsequent Union programmes supporting culture at the date of the publication of the call for submission of applications referred to in Article 10 may apply for the European Capital of Culture title for one year in the framework of an open competition organised every third year ▌ in accordance with the calendar ▌.

▌Cities in candidate and potential candidate countries shall only be allowed to participate in one competition during the period from 2020 to 2033.

Furthermore, each candidate or potential candidate country shall only be allowed to host the title once during the period from 2020 to 2033.

3a.  Countries acceding to the Union after the adoption of this Decision but before 31 December 2026 shall be entitled to host the European Capital of Culture title according to the rules and procedures applicable to Member States seven years after accession. The calendar shall be updated accordingly. Countries acceding to the Union after 31 December 2026 shall not be entitled to participate under this European Capital of Culture action as Member States.

However, in years where there are already three European Capitals of Culture according to the calendar, the cities in the countries acceding to the Union shall only be entitled to host the European Capital of Culture title in the next available year in the calendar, in order of their accession.

If a city from a country acceding to the Union has previously participated in a competition for candidate and potential candidate countries, it cannot participate in any subsequent competition for Member States. Where a city of an acceding country has been designated as European Capital of Culture during the period from 2020 to 2033 in accordance with paragraph 3, that country shall not be entitled to nominate another of its cities as a European Capital of Culture under this action after its accession.

If more than one country accedes to the Union on the same date and if there is no agreement on the order of participation in the action between those countries, the Council shall organise a draw.

Article 4

Applications

▌

2.  A common application form based on the criteria laid down in Article 5 (the "application form") shall be prepared by the Commission and used by all candidate cities. Where a city involves its surrounding area, the application shall be made under the name of the city.

3.  Every application shall be based on a cultural programme with a strong European dimension. The cultural programme shall last one year and shall be created specifically for the European Capital of Culture title, in accordance with the criteria laid down in Article 5. ▌

Article 5

Criteria

The criteria for the assessment of the applications (the "criteria") are divided into six categories: "contribution to the long-term strategy", ▌"European dimension", "cultural and artistic content", "capacity to deliver", "outreach" and "management".

1.  As regards the "contribution to the long-term strategy", the following factors shall be taken into account:

(a)  the fact that a cultural strategy for the ▌city ▌is in place at the time of the application, which includes the European Capitals of Culture action and plans for sustaining the cultural activities beyond the year of the title;

(b)  the plans to strengthen the capacity of the cultural and creative sectors, including developing long-term links between the cultural, economic and social sectors in the city concerned;

▌

(d)  the envisaged long-term cultural, social and economic impact, including urban development, that the title would have on the city;

(e)  the plans for the monitoring and the evaluation of the impact of the title on the city and for disseminating the results of the evaluation.

▌

4.  As regards the "European dimension", the following factors shall be assessed:

(a)  the scope and quality of activities promoting the cultural diversity of Europe, intercultural dialogue and greater mutual understanding between European citizens;

(b)  the scope and quality of activities highlighting the common aspects of European cultures, heritage and history, as well as European integration and current European themes;

(c)  the scope and quality of activities featuring European artists, cooperation with operators or cities in different countries including, where appropriate, other European Capitals of Culture, and transnational partnerships;

(d)  the strategy to attract the interest of a broad European and international public.

4a.  As regards the "cultural and artistic content", the following factors shall be assessed:

(a)  a clear and coherent artistic vision and strategy for the cultural programme of the year;

(b)  the involvement of local artists and cultural organisations in the conception and implementation of the cultural programme;

(c)  the range and diversity of the activities proposed and their overall artistic quality;

(d)  the capacity to combine local cultural heritage and traditional art forms with new, innovative and experimental cultural expressions.

4b.  As regards the "capacity to deliver", the candidate cities shall demonstrate that:

(a)  the application has broad and strong political support and a sustainable commitment from the local, regional and national authorities;

(b)  the city has, or will have, adequate and viable infrastructure to host the title.

5.  As regards "outreach", the following factors shall be assessed:

(a)  the involvement of the local population and civil society in the preparation of the application and the implementation of the European Capital of Culture;

(b)  the creation of new and sustainable opportunities for a wide range of citizens to attend or participate in cultural activities, in particular young people, volunteers and the marginalised and disadvantaged, including minorities. Special attention shall also be given ▌to the accessibility of these activities to persons with disabilities and the elderly;

(c)  the overall strategy for audience development, and in particular the link with education and the participation of schools.

6.  As regards "management", the following factors shall be assessed:

(a)  the feasibility of the fund-raising strategy and proposed budget, which includes, where appropriate, plans to seek financial support from Union programmes and funds. This budget shall cover the preparation phase, the year of the title in itself, the evaluation and provisions for the legacy activities, and contingency planning;

(b)  the envisaged governance ▌and delivery structure for the implementation of the European Capital of Culture, which shall include provision for appropriate cooperation between the local authority and the delivery structure, including the artistic team;

(c)  the procedures for the appointment ▌of the general and artistic directors and their fields of action;

(d)  the marketing and communication strategy, which shall be comprehensive and shall highlight that the European Capitals of Culture is an action of the Union;

(da)  the existence of a delivery structure the staff of which have the appropriate skills and experience to plan, manage and deliver the cultural programme for the year of the title.

Article 6

Expert panel

1.   A ▌panel of independent experts (the "▌panel") shall be established to carry out the selection and monitoring procedures.

1a.  The panel shall consist of 10 experts appointed by Union institutions and bodies in accordance with paragraph 2 (the "European experts").

In addition, for the selection and monitoring of the city from a Member State, the Member State concerned shall be entitled to appoint up to two experts (the "national experts") in accordance with its own procedures and in consultation with the Commission.

2.  ▌

After organising a call for expressions of interest, the Commission shall propose a pool of potential European experts.

The European Parliament, the Council and the Commission shall subsequently select three experts each from the pool and appoint them in accordance with their respective procedures. The Committee of the Regions shall select one expert from the pool and appoint that expert in accordance with its procedures.

When selecting European experts, each of those Union institutions and bodies shall seek to ensure complementarity of the competences, a balanced geographical distribution and gender balance in the overall composition of the panel.

▌

2a.   All experts shall be citizens of the Union. They shall be independent and have substantial experience and expertise in the cultural sector, in the cultural development of cities, or in the organisation of a European Capital of Culture or an international cultural event of similar scope and scale. The experts shall also be in a position to devote an appropriate number of working days per year to the panel.

The panel shall designate its chairperson.

3.  The ▌European experts shall be appointed for a period of three years.

Notwithstanding the first subparagraph, as regards the first establishment of the panel, the European Parliament shall appoint its ▌experts for three years, the Council for one year, the Commission for two years and the Committee of the Regions ▌for one year ▌.

4.   All experts of the ▌panel shall declare any actual or potential conflict of interest in respect of a specific candidate city. In the event of such a declaration by an expert, or if such a conflict of interest comes to light, that expert shall resign and the relevant Union institution or body or Member State shall replace that expert for the remainder of the mandate, in accordance with the relevant procedure.

5.  The Commission shall publish, on its website, all reports of the panel.

Article 7

Submission of applications in the Member States

1.  Each Member State shall be responsible for the organisation of the competition between its cities in accordance with the calendar ▌.

2.  The Member States shall publish a call for submission of applications at least six years before the ▌year of the title.

By way of derogation, those Member States which are entitled to nominate a European Capital of Culture in 2020 shall publish such a call as soon as possible after ...(12).

Each call for submission of applications, aimed at the candidate cities for the title, shall contain the ▌application form ▌.

The deadline for the submission of applications by candidate cities under each call for submission of applications shall be scheduled at the earliest 10 months after its publication.

3.  Applications shall be notified to the Commission by the Member State concerned.

Article 8

Pre-selection in the Member States

1.  Each ▌Member State concerned shall convene the ▌panel for a pre-selection meeting with the candidate cities at least five years before ▌the year of the title.

2.  The ▌panel, after assessing the applications according to the criteria, shall agree on a short-list of candidate cities ▌and shall issue a pre-selection report on all the applications providing, inter alia, recommendations to the short-listed candidate cities.

3.  The ▌panel shall submit the pre-selection report to the Member States concerned and to the Commission. Each of the Member States concerned shall formally approve the short-list based on the report of the panel.

Article 9

Selection in the Member States

1.  The short-listed candidate cities shall complete and revise their applications with a view to complying with the criteria as well as taking into account the recommendations contained in the pre-selection report, and shall submit them to the Member State concerned, which shall then transmit them to the Commission.

2.  Each ▌Member State concerned shall convene the ▌panel for a final selection meeting with the short-listed candidate cities no later than nine months after the pre-selection meeting.

Where necessary, the Member State concerned, in consultation with the Commission, may extend that deadline for a reasonable period.

3.  The ▌panel shall assess the completed and revised applications.

4.  The ▌panel shall issue a selection report on the applications with a recommendation for the nomination of one city in the Member State concerned as European Capital of Culture. However, if none of the candidate cities fulfils all the criteria, the ▌panel may recommend that the title should not be awarded that year.

The selection report shall also contain recommendations to the ▌city concerned regarding the progress to be made by the year of the title.

The panel shall submit the selection report to the Member State concerned and to the Commission. ▌

Article 10

Pre-selection and selection in candidate and potential candidate countries

1.  The Commission shall be responsible for the organisation of the competition between cities in candidate and potential candidate countries.

2.  The Commission shall publish in the Official Journal of the European Union a call for submission of applications at least six years before the ▌year of the title. ▌

Each call for submission of applications, aimed at the candidate cities for the title, shall contain the application form.

The deadline for submitting applications under each call for submission of applications shall be scheduled at the earliest 10 months after its publication.

▌

4.  The pre-selection of the cities shall be carried out by the ▌panel at least five years before the ▌year of the title, on the basis of the ▌application form. No meeting with the candidate cities shall be organised.

The ▌panel, after assessing the applications according to the criteria, shall agree on a short-list of candidate cities ▌and shall issue a pre-selection report on all the applications providing, inter alia, recommendations to the short-listed candidate cities. The panel shall submit its pre-selection report ▌to the Commission ▌.

5.  The short-listed candidate cities shall complete and revise their applications with a view to complying with the criteria as well as taking into account recommendations contained in the pre-selection report, and shall submit them to the Commission.

The Commission shall convene the ▌panel for a final selection meeting with the short-listed cities no later than nine months after the pre-selection meeting. Where necessary, the Commission may extend that deadline for a reasonable period.

The ▌panel shall assess the completed and revised applications.

It shall issue a selection report on the applications of the short-listed candidate cities together with a recommendation for the nomination as European Capital of Culture of a maximum of one city in one candidate country or potential candidate country.

However, if none of the candidate cities fulfil all the criteria, the ▌panel may recommend that the title should not be awarded that year.

The selection report shall also contain recommendations to the ▌city concerned regarding the progress ▌to be made by the year of the title.

The panel shall submit its selection report ▌to the Commission ▌.

Article 11

Designation

The Commission shall, by means of implementing acts, officially designate the European Capitals of Culture, having due regard to the recommendations of the ▌panel. The Commission shall inform the European Parliament, the Council and the Committee of the Regions of its designation.

Article 12

Cooperation between the designated cities

Cities designated for the same year shall seek to develop links between their cultural programmes and the cooperation may be considered in the framework of the monitoring procedure as laid down in Article 13.

Article 13

Monitoring

1.  The ▌panel shall monitor the preparation of the European Capitals of Culture and provide the cities with support and guidance from the time of their designation to the beginning of the year of the title.

2.  To that end, the Commission shall convene three meetings which shall be attended by the ▌panel and the designated cities ▌: the first meeting shall take place three years before the ▌year of the title; the second meeting shall take place 18 months before ▌the year of the title and the third meeting shall take place two months before the ▌year of the title. The Member State or candidate or potential candidate country concerned may nominate an observer to those meetings.

The cities shall issue progress reports to the Commission six weeks before each of the meetings.

During the meetings, the ▌panel shall take stock of the preparations and give advice with a view to helping the cities to develop a high-quality cultural programme and an effective strategy. The panel shall pay special attention to the recommendations laid down in the selection report and in the preceding monitoring reports.

3.  After each meeting, the ▌panel shall issue a report on the state of preparations and any steps to be taken.

The panel shall transmit its monitoring reports ▌to the Commission, as well as to the cities and Member States or countries concerned. ▌

4.  In addition to the monitoring meetings, the Commission may organise visits by the panel ▌to the designated cities whenever necessary.

Article 14

Prize

1.  ▌The Commission may award a pecuniary prize (the "prize") in honour of Melina Mercouri to a designated city subject to the funding made available under the relevant multiannual financial framework.

The legal and financial aspects of the prize shall be dealt with in the framework of the respective Union programmes supporting culture.

2.  ▌The prize shall be paid no later than the end of March of the year of the title, provided that the city concerned keeps to the commitments it made at the application stage, complies with the criteria and takes into account the recommendations contained in the selection and monitoring reports ▌.

The commitments made at the application stage shall be deemed to have been adhered to by the designated city where no substantial change was made to the programme and strategy between the application stage and the year of the title, and in particular where:

(a)  the budget was maintained at a level capable of delivering a high-quality cultural programme in line with the application and the criteria;

(b)  the independence of the artistic team was appropriately respected;

(c)  the European dimension remained sufficiently strong in the final version of the cultural programme;

(d)  the marketing and communication strategy and the communication material used by the designated city clearly reflect the fact that the European Capitals of Culture is an action of the Union;

(e)  the plans for the monitoring and evaluation of the impacts of the title on the city concerned are in place.

Article 15

Practical arrangements

The Commission shall in particular:

(a)  ensure the overall coherence of the action;

(b)  ensure coordination between the Member States and the ▌panel;

(c)  in the light of the objectives and criteria, establish guidelines to assist with the selection and monitoring procedures in close cooperation with the ▌panel;

(d)  provide technical support to the ▌panel;

(e)  make public all relevant information and contribute to the visibility of the action at European and international level;

(f)  foster the exchange of experience and of good practices between past, present and future European Capitals of Culture, as well as candidate cities, and promote wider dissemination of the cities’ evaluation reports and lessons learned.

Article 16

Evaluation

1.  The evaluation of the results of each European Capital of Culture shall be ▌the responsibility of the ▌city concerned.

The Commission shall establish common guidelines and indicators for the cities based on the objectives and the criteria ▌in order to ensure a coherent approach to the evaluation procedure.

The cities shall produce their evaluation reports and transmit them to the Commission by 31 December of the year following the year of the title ▌. The Commission shall publish the evaluation reports on its website.

2.  In addition to the cities' evaluations, the Commission shall also ensure that external and independent evaluation of the results of the action are produced on a regular basis. ▌

The external and independent evaluation shall focus on putting all past European Capitals of Culture in a European context, allowing for comparisons and drawing useful lessons for future European Capitals of Culture, as well as for all European cities. It shall also assess the action as a whole, including the efficiency of the processes involved in running it, its impact ▌and how it could be improved.

The Commission shall present to the European Parliament, the Council and the Committee of the Regions the following reports based on those evaluations, accompanied, where appropriate, by relevant proposals:

(a)  a first interim ▌report by 31 December 2024;

(b)  a second interim ▌report by 31 December 2029;

(c)  an ex-post ▌report by 31 December 2034.

Article 17

Repeal and transitional provisions

Decision No 1622/2006/EC is hereby repealed. It shall however continue to apply in the case of cities which have been designated or are in the process of being designated as European Capitals of Culture for the years from 2012 to 2019.

Article 18

Entry into force

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

Done at ▌

For the European Parliament For the Council

The President The President

ANNEX

Calendar

(1) OJ C 113, 18.4.2012, p. 17. (2) OJ C 17, 19.1.2013, p. 97. (3) Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌. (4) OJ C 113, 18.4.2012, p. 17 and OJ C 17, 19.1.2013, p. 97. (5) Position of the European Parliament of 12 December 2013. (6) OJ C 287, 29.11.2007, p. 1. (7) OJ C 247 E, 15.10.2009, p. 32. (8) Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (OJ L 304, 3.11.2006, p. 1). (9) Regulation (EU) No 1295/2013 of the European Parliament and of the Council of 11 December 2013 establishing the Creative Europe Programme (2014 to 2020) and repealing Decisions No 1718/2006/EC, No 1855/2006/EC and No 1041/2009/EC (OJ L 347, 20.12.2013, p. 221). (10) 14944/10. (11) OJ C 56 E, 26.2.2013, p. 41. (12) Date of the entry into force of this Decision.

European Parliament legislative resolution of 12 December 2013 on the proposal for a regulation of the European Parliament and of the Council amending certain Regulations in the field of fisheries and animal health by reason of the change of status of Mayotte with regard to the Union (COM(2013)0417 – C7-0175/2013 – 2013/0191(COD))

P7_TA(2013)0591 A7-0425/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0417),

–  having regard to Article 294(2) and Articles 43(2) and 168(4) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0175/2013),

–  having regard to Articles 349 and 355(1) of the Treaty on the Functioning of the European Union,

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

–  having regard to the Council letter of 10 October 2013(1),

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

–  having regard to the opinion of the European Economic and Social Committee of 18 September 2013(2),

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

–  having regard to the report of the Committee on Fisheries and the opinion of the Committee on Regional Development (A7-0425/2013),

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 12 December 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council amending certain Regulations in the field of fisheries and animal health by reason of the change of status of Mayotte with regard to the Union

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), and Article 168(4)(b) and Article 349 thereof, [Am. 1]

Having regard to the proposal from the European Commission,

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

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

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

Whereas:

(1)  By Decision 2012/419/EU(5), the European Council amended the status of Mayotte with regard to the Union with effect from 1 January 2014. Therefore, from that date Mayotte will cease to be an overseas territory to and become an outermost region within the meaning of Articles 349 and 355(1) of the Treaty on the Functioning of the European Union (TFEU). Following this change in Mayotte's legal status, Union law will apply to Mayotte from 1 January 2014. It is appropriate to provide for certain specific measures justified by the particular structural, social and economic situation of Mayotte in a number of areas which is compounded by its remoteness, insularity, small size, difficult topography and climate. [Am. 2]

(2)  In the field of fisheries and animal health, the following Regulations should be amended.

(3)  As regards Council Regulation (EC) No 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms(6), the waters around Mayotte should be included within the scope of that Regulation and the use of purse-seines on tuna and tuna-like schools of fish inside the area within 24 nautical miles from the baselines of the island should be prohibited in order to preserve the shoals of large migratory fish in the vicinity of the island of Mayotte. [Am. not concerning all languages]

(4)  As regards Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products(7), in view of the very fragmented and under-developed marketing schemes of Mayotte, the application of the rules on the labelling of fishery products would impose on retailers a burden that is disproportionate to the information that will be transmitted to the consumer. It is therefore appropriate to provide for a temporary derogation from the rules concerning the labelling of fishery products offered for retail sale to the final consumer in Mayotte.

(5)  As regards Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy(8), specific measures should be introduced with respect to the fleet register and the access regime.

(6)  First, an important part of the fleet flying the flag of France and operating from the French Department of Mayotte is composed by vessels of less than 9 10 meters which are dispersed around the island, have no specific landing sites and still need to be identified, measured and equipped with minimum safety implements in order to be included in the register of Union fishing vessels; as a consequence, France will not be able to complete this register until 31 December 2016 2020. France should, however, install a provisional fleet register guaranteeing minimum identification of the vessels of this segment in order to avoid proliferation of informal fishing vessels. [Am. 4]

(7)  Second, it is necessary for the protection of the sensitive ecological and biological situation of the waters around Mayotte and the preservation of the local economy of that island, having regard to its structural, social and economic situation, to limit certain fishing activities in those waters to vessels registered in the ports of that island. [Am. 5]

(8)  As regards Council Regulation (EC) No 639/2004 of 30 March 2004 on the management of fishing fleets registered in the Community outermost regions(9), a particular feature of Mayotte is that no objective has been set for its fleet under Regulation (EC) No 2371/2002 which refers to the Multiannual Guidance Programme 1997-2002. From the point of view of conservation of fish resources, it is appropriate to freeze the fishing capacity of the fleets at current levels, especially for the segment of large vessels with a great fishing capacity. However, for smaller vessels, in view of the fact that France presented to the Indian Ocean Tuna Commission (IOTC) a development plan indicating the expected evolution of the fleet based in Mayotte, to which no IOTC contracting party, including the Union, has objected, it is appropriate, due to the current specific social and economic circumstances of Mayotte, to use the objectives of that plan as reference levels for the capacity of the fleet registered in the ports of Mayotte and to allow France to increase its fleet up to the objectives of its development plan. [Am. 6]

(9)  As regards Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002(10), it should be noted that Mayotte has no industrial capacity for the processing of animal by-products. It is therefore appropriate to allow France a period of five years in order to establish the infrastructure necessary for the identification, handling, transport, treatment and disposal of animal by-products in Mayotte in full compliance with Regulation (EC) No 1069/2009.

(10)  As regards Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006(11) , it appears that France will not be in a position to comply with all Union control obligations for the segment "Mayotte. Pelagic and demersal species. Length < 9m 10m" of the fleet of Mayotte by the date on which Mayotte becomes an outermost region. The vessels of that segment, dispersed around the island, have no specific landing sites and still need to be identified. In addition, it is necessary to train fishermen and controllers and to set up the appropriate administrative and physical infrastructure. It is therefore necessary to provide for a temporary derogation from certain rules concerning the control of fishing vessels and their characteristics, their activities at sea, their gear and their catches at all stages from the vessel to the market in respect of that segment of the fleet. However, in order to attain at least some of the most important objectives of Regulation (EC) No 1224/2009, France should establish a national control system allowing it to control and monitor the activities of that segment of the fleet and to comply with the international reporting obligations of the Union. [Am. 7]

(11)  Regulations (EC) No 850/98, (EC) No 104/2000, (EC) No 2371/2002, (EC) No 639/2004, (EC) No 1069/2009 and (EC) No 1224/2009 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 850/98

Regulation (EC) No 850/98 is amended as follows:

(1)  In Article 2(1), point (h) is replaced by the following:"

"(h) Region 8:

All waters off the coasts of the French departments of Réunion and Mayotte that come under the sovereignty or jurisdiction of France.";

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

"3a. The ‘Marine Natural Park of Mayotte’ shall mean the entire exclusive economic zone (EEZ) of Mayotte (68 381 km2). The land area of the park shall extend to the upper foreshore, which marks the boundary of the maritime public domain.". [Am. 8]

(2)  The following article is inserted after Article 34:"

"Article 34a

Restrictions on fishing activities in the 24-mile zone around the island of Mayotte

Vessels shall be prohibited from using any purse-seine on tuna and tuna-like schools of fish inside the areas within 24 nautical miles of the coasts of the island of Mayotte, measured from the baselines from which territorial waters are measured. [Am. not concerning all languages]

Fishing under drifting fish aggregating devices (FADs) and under large marine mammals and whale sharks (natural FADs) shall be prohibited in the whole of the Mayotte Marine Natural Park." [Am. 10]

Article 2

Amendment to Regulation (EC) No 104/2000

In Article 4 of Regulation (EC) No 104/2000, the following paragraph is inserted after paragraph 3:"

"3a. Until 16 31 December 2016 2021, paragraphs 1, 2 and 3 shall not apply to products offered for retail sale to the final consumer in Mayotte." [Am. 11]

Article 3

Amendments to Regulation (EC) No 2371/2002

Regulation (EC) No 2371/2002 is amended as follows:

(1)  In Article 15, the following paragraphs are added:"

"5. By way of derogation from paragraph 1, France shall be exempted until 31 December 2016 2021 from the obligation to include in its register of Union fishing vessels those vessels which are less than 9 10 meters in overall length and operate from Mayotte. [Am. 12]

6.  Until 31 December 2016 2021, France shall keep a provisional register of fishing vessels which are less than 9 10 meters in overall length and operate from Mayotte. That register shall contain, for each vessel, at least its name, its overall length and an identification code." [Am. 13]

(2)  The following article is inserted after Article 18:"

"Article 18a

Mayotte

By way of derogation from Article 17, in the waters up to 100 nautical miles from the baselines of Mayotte and in the whole of the Mayotte Marine Natural Park, France may adopt the conservation measures considered necessary for the preservation of the natural resources protected by the legislation establishing that park, including measures to restrict fishing to fishing vessels registered in the ports of Mayotte, either in the register of Union vessels or in the provisional register referred to in Article 15(6), except for Union vessels that, within the two years preceding 1 January 2014, fished in those waters for at least 40 days insofar as they do not exceed the fishing effort traditionally exerted." [Am. 14]

Article 4

Amendment to Regulation (EC) No 639/2004

In Regulation (EC) No 639/2004, the following article is inserted after Article 1:"

"Article 1a

Fleet of Mayotte

1.  By way of derogation from Article 1(1)(a), the reference levels for fishing vessels registered in the ports of Mayotte, either in the register of Union vessels or in the provisional register referred to in Article 15(6) of Regulation (EC) No 2371/2002, shall be the capacity of that fleet at 31 December 2013.

However, for fishing vessels which are between 8 and 12 meters in overall length and use longlines and fishing vessels which are less than 9 10 meters in overall length, the reference level shall be the capacity foreseen in the development plan presented by France to the Indian Ocean Tuna Commission on 7 January 2011. [Am. 15]

2.  By way of derogation from Article 13 of Regulation (EC) No 2371/2002, France shall be authorised to introduce new capacity in the fleet segments defined for fishing vessels which are between 8 and 12 meters in overall length and use longlines and fishing vessels which are less than 9 10 meters in overall length without the withdrawal of an equivalent capacity." [Am. 16]

Article 5

Amendment to Regulation (EC) No 1069/2009

In Regulation (EC) No 1069/2009, Article 56 is replaced by the following:"

"Article 56

Entry into force

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

It shall apply from 4 March 2011.

However, Article 4 shall apply to Mayotte from 1 January 2019 2021. Animal by-products and derived products generated in Mayotte before 1 January 2019 2021 shall be disposed of in accordance with Article 19(1)(b). [Am. 17]

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

Article 6

Amendment to Regulation (EC) No 1224/2009

In Regulation (EC) No 1224/2009, the following article is inserted after Article 2:"

"Article 2a

Application of the Community control system to certain segments of the fleet of the French overseas department the outermost region of Mayotte [Am. 18]

1.  Until 31 December 2016 2021, Article 5(3) and Articles 6, 8, 41, 56, 58 to 62, 66, 68 and 109 shall not apply to France in respect of fishing vessels which are less than 9 10 meters in overall length and operate from Mayotte, their activities and their catch. [Am. 19]

2.  By 1 January 2014 2015, France shall establish a national scheme of control applicable to fishing vessels which are less than 9 10 meters in overall length and operate from Mayotte. That scheme shall comply with the following requirements: [Am. 20]

3.  By 30 September 2014 2015 France shall present to the Commission an action plan setting out the measures to be taken in order to ensure the full implementation of Regulation (EC) No 1224/2009 from 1 January 2017 2018 concerning fishing vessels which are less than 9 10 meters in overall length and operate from the French department outermost region of Mayotte. The action plan shall be the subject of a dialogue between France and the Commission. France shall take all necessary measures to implement that action plan." [Am. 21]

Article 7

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union 1 January 2014. [Am. 22]

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) Item 4 of the Minutes of 21 October 2013 (P7_PV(2013)10-21). (2) OJ C 341, 21.11.2013, p. 97. (3) OJ C 341, 21.11.2013, p. 97. (4) Position of the European Parliament of 12 December 2013. (5) OJ L 204, 31.7.2012, p. 131. (6) OJ L 125, 27.4.1998, p. 1. (7) OJ L 17, 21.1.2000, p. 22. (8) OJ L 320, 5.12.2001, p. 7. (9) OJ L 102, 7.4.2004, p. 9. (10) OJ L 300, 14.11.2009, p. 1. (11) OJ L 343, 22.12.2009, p. 1.

European Parliament decision of 12 December 2013 to raise no objections to the Commission delegated regulation of 30 October 2013 amending Annexes I, II and IV of Regulation (EU) No 978/2012 applying a scheme of generalised tariff preferences (C(2013)07167 – 2013/2929(DEA))

P7_TA(2013)0592 B7-0547/2013

The European Parliament,

–  having regard to the Commission delegated regulation (C(2013)07167),

–  having regard to the Commission’s letter of 25 November 2013 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter of 2 December 2013 from the Committee on International Trade to the Chair of the Conference of Committee Chairs,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008(1), and in particular Articles 3(2), 5(3) and 17(2) thereof,

–  having regard to Rule 87a(6) of its Rules of Procedure,

A.  whereas the Commission has stressed that it is essential for Parliament to adopt its decision before 16 December 2013, given the need for the delegated regulation to be published before 1 January 2014, enabling the timely reinstatement of Myanmar/Burma and the inclusion of South Sudan in the GSP scheme;

1.  Declares that it has no objections to the delegated regulation;

2.  Instructs its President to forward this decision to the Council and the Commission.

(1) OJ L 303, 31.10.2012, p. 1.

European Parliament resolution of 12 December 2013 on the call for a measurable and binding commitment against tax evasion and tax avoidance in the EU (2013/2963(RSP))

P7_TA(2013)0593 B7-0552/2013

The European Parliament,

–  having regard to the Commission Communication of 6 December 2012 on an action plan to strengthen the fight against tax fraud and tax evasion (COM(2012)0722),

–  having regard to the Commission Recommendation of 6 December 2012 on aggressive tax planning(1),

–  having regard to the Commission Recommendation of 6 December 2012 regarding measures intended to encourage third countries to apply minimum standards of good governance in tax matters(2),

–  having regard to the Commission Communication of 27 June 2012 on concrete ways to reinforce the fight against tax fraud and tax evasion including in relation to third countries (COM(2012)0351),

–  having regard to its resolution of 21 May 2013 on ‘Fight against Tax Fraud, Tax Evasion and Tax Havens’(3),

–  having regard to its resolution of 19 April 2012 on the call for concrete ways to combat tax fraud and tax evasion(4),

–  having regard to the Ecofin conclusions and report to the European Council of 22 June 2012 on tax issues,

–  having regard to the Ecofin conclusions of 14 May 2013 on tax evasion and tax fraud,

–  having regard to the G20 Leaders’ Declaration issued following the Saint Petersburg Summit of 5 and 6 September 2013,

–  having regard to the communiqué issued following the meeting of G20 finance ministers and central bank governors held in Moscow on 15 and 16 February 2013,

–  having regard to the 2013 Organisation for Economic Cooperation and Development report entitled ‘Addressing Base Erosion and Profit Shifting’,

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

A.  whereas an estimated EUR 1 trillion in potential tax revenue is lost to tax fraud, evasion and avoidance every year in the EU, without any tangible measures being taken in response;

B.  whereas tax fraud and evasion constitute an illegal activity involving the evasion of tax liabilities, while tax avoidance is the legal utilisation of the tax regime to reduce or avoid tax liabilities, sometimes leading to aggressive tax planning, which consists in taking improper advantage of a tax system’s technicalities, or of mismatches between two or more tax systems, for the purpose of reducing tax liability;

C.  whereas only harmonisation of the tax base between Member States would prevent tax avoidance;

D.  whereas the potential revenue gains would place Member States in a better position to balance their budgets and increase the funds available to foster investment, growth and employment, which are crucial socioeconomic factors in a sustainable EU exit strategy from the crisis;

E.  whereas the scale of tax evasion and avoidance undermines citizens’ trust and confidence in the fairness and legitimacy of public administrations and their tax systems;

F.  whereas unilateral national measures have in many cases proven ineffective and insufficient, demonstrating the need for a coordinated and multi-pronged approach based on tangible strategies and goals set at national, EU and international level;

G.  whereas fiscal consolidation calls for efforts on both the revenue and expenditure sides of public budgets; whereas a proper balance between tax bases and tax rates is essential in order to ensure fiscal stability and competitiveness at national and EU level;

1.  Welcomes the fact that the Commission and the Council are prepared to tackle the issue of the tax gap in Europe by, among other things, focusing on intensifying the fight against tax fraud and evasion and aggressive tax planning;

2.  Welcomes recent Commission proposals to expand automatic information exchange, fight VAT fraud and amend the Parent-Subsidiary Directive, which are designed to reduce tax avoidance in Europe by closing existing legal loopholes that some companies have been using to escape paying their fair share of fiscal contributions;

3.  Recalls its urgent call for the Member States to commit to an ambitious but realistic target of at least halving the tax gap by 2020;

4.  Insists that, in the current period of recovery from the crisis, tangible targets and a real commitment to fighting tax evasion and avoidance by eliminating the tax gap can generate a much-needed increase in tax revenue by recovering tax due;

5.  Calls on the Commission to launch a study on possible indicators constituting a basis for reducing tax fraud, evasion and avoidance and, if appropriate, to establish a standardised set of indicators for measuring tax evasion and avoidance;

6.  Calls on the Commission to introduce a set of tangible targets for reducing the tax gap at European and national level, with the headline target being the reduction of the tax gap by 2020;

7.  Suggests that these targets be incorporated into the Europe 2020 strategy, if appropriate, and calls on the Commission to examine whether they could be given a clear role within the European Semester;

8.  Calls on the Commission, in this connection, also to examine whether the national reform programmes and the stability and convergence programmes could be expanded by incorporating these targets and measures, so as to achieve the required reduction in the tax gap;

9.  Stresses that there is an urgent need for better coordination, and that a common drive to reduce the tax gap would give substance to the Council’s pledges of commitment to fighting tax evasion and avoidance;

10.  Calls on the Commission to report annually to Parliament and the Council on the progress made in the EU and globally in fighting tax fraud and evasion and aggressive tax planning, and to publicise on its website concrete examples of best practices in this field;

11.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, and the Organisation for Economic Cooperation and Development.

(1) OJ L 338, 12.12.2012, p. 41. (2) OJ L 338, 12.12.2012, p. 37. (3) Texts adopted, P7_TA(2013)0205. (4) OJ C 258 E, 7.9.2013, p. 53.

European Parliament resolution of 12 December 2013 on the progress made in the implementation of the National Roma Integration Strategies (2013/2924(RSP))

P7_TA(2013)0594 B7-0555/2013

The European Parliament,

–  having regard to Articles 2, 3 and 6 of the Treaty on European Union and Articles 8, 9, 10 and 19(1) of the Treaty on the Functioning of the European Union,

–  having regard to the Charter of Fundamental Rights (hereinafter ‘the Charter’) and in particular Article 21 thereof,

–  having regard to the International Convention on the Elimination of All Forms of Racial Discrimination of 1965, the Convention on the Elimination of All Forms of Discrimination against Women of 1979, the United Nations Convention on the Rights of the Child of 1989, and the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities of 1992,

–  having regard to the relevant CJEU and ECtHR case-law,

–  having regard to Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin,

–  having regard to Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States,

–  having regard to its resolution of 1 June 2006 on the situation of Roma women in the European Union(1),

–  having regard to Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law (the Framework Decision on Racism and Xenophobia),

–  having regard to its resolution of 9 September 2010 on the situation of Roma and on freedom of movement in the European Union(2),

–  having regard to its resolution of 9 March 2011 on the EU strategy on Roma inclusion(3),

–  having regard to its resolution of 11 June 2013 on social housing in the European Union(4),

–  having regard to its resolution of 14 March 2013 on strengthening the fight against racism, xenophobia and hate crime(5),

–  having regard to the Commission communication of 5 April 2011 on an EU Framework for National Roma Integration Strategies up to 2020 (COM(2011)0173) and to the European Council conclusions of 24 June 2011,

–  having regard to the Commission communication of 21 May 2012 entitled ‘National Roma Integration Strategies: a first step in the implementation of the EU Framework’ (COM(2012)0226),

–  having regard to the Commission communication of 26 June 2013 on steps forward in implementing national Roma integration strategies (COM(2013)0454),

–  having regard to the Commission proposal for a Council recommendation of 26 June 2013 on effective Roma integration measures in the Member States (COM(2013)0460),

–  having regard to its study of January 2011 on measures to promote the situation of Roma EU citizens in the European Union,

–  having regard to the survey by the European Union Agency for Fundamental Rights presented in May 2012, entitled ‘The situation of Roma in 11 EU Member States’,

–  having regard to the hearing on the EU Framework for National Roma Integration Strategies held at the European Parliament on 18 September 2013,

–  having regard to the Commission report of 4 September 2013 on health inequalities in the European Union (SWD(2013)0328),

–  having regard to its resolution of 4 July 2013 on the impact of the crisis in access to care for vulnerable groups(6),

–  having regard to the Commission staff working document of 20 February 2013 on investing in health (SWD(2013)0043),

–  having regard to its resolution of 8 March 2011 on reducing health inequalities in the EU(7),

–  having regard to the Commission communication of 20 October 2009 entitled ‘Solidarity in Health: Reducing Health Inequalities in the EU’ (COM(2009)0567),

–  having regard to the question tabled to the Commission on the progress made in the implementation of the National Roma Integration Strategies (O-000117/2013 – B7‑0528/2013),

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

A.  whereas the European Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights;

B.  whereas the Roma suffer discrimination throughout Europe and whereas their socio-economic and fundamental rights situation is in many cases worse than that of non-Roma in comparable situations;

C.  whereas recent events in EU Member States, acts of violence against Roma, the lack of proper inclusion policies, the use of biased anti-Roma rhetoric, structural and systemic discrimination, clear breaches of the European Convention on Human Rights and of the EU Charter of Fundamental Rights and the lack of judicial investigation and prosecution when violations of fundamental rights occur have demonstrated that anti-Gypsyism is still prevalent in the EU and that it needs to be tackled more vigorously at all levels;

D.  whereas poverty and social exclusion among many Roma has reached a critical level which limits the life prospects of Roma families and puts young Roma at risk of falling into poverty from a very early age;

E.  whereas negative attitudes on the part of non-Roma towards Roma and overt discrimination contribute to the exclusion of Roma;

F.  whereas the growing exclusion of Roma is detrimental to growth and increases public budget deficits;

G.  whereas social inequalities and regional disparities result in a deteriorating quality of life for rural communities; whereas poorly managed urban development accentuates and contributes to growing urban poverty;

H.  whereas the Commission communication of 2013 on steps forward in implementing national Roma integration strategies shows that little progress has been achieved by the Member States in the implementation of their National Roma Integration Strategies (NRIS), even for the establishment of structural preconditions for the effective implementation thereof;

I.  whereas the internal task force set up by the Commission in 2010 has examined the use of EU funds for Roma inclusion in 18 countries and found that Member States do not properly use EU money and that although EU funds have a considerable potential for bolstering Roma inclusion, bottlenecks at national, regional and local level prevent them from fostering the effective social and economic integration of Roma;

J.  whereas in most Member States the legitimate representation of Roma and the involvement of the relevant civil society organisations in planning, implementing and monitoring national strategies remain insufficient;

K.  whereas the involvement of local and regional authorities in developing, implementing, monitoring, evaluating and reviewing Roma policies is a key element for the effective implementation of the NRIS, considering that they form the level of governance with most of the practical responsibilities for the integration of Roma but that the level of their involvement by Member States is low;

L.  whereas the allocation of targeted financial resources should be accompanied by genuine political will on the part of the Member States, as this is an absolute precondition for the success of the implementation of the strategies, and whereas only a few Member States have an integrated approach to allocating resources from EU and national funds, while in others the implementation of the national strategy is delayed owing to the underutilisation of EU funds, especially in the absence of concrete measures;

M.  whereas the total amount of European funds dedicated specifically to the integration of Roma populations remains unclear; whereas it is therefore crucial that the Commission continues to monitor how Member States spend EU funds and obtains guarantees on the proper use of those funds;

N.  whereas sound monitoring and systematic and consistent assessment of the results of Roma integration measures represent a crucial factor for efficient implementation of the NRIS, and whereas fewer than half of the Member States have envisaged some mechanism for regular reporting and evaluation;

O.  whereas the EU Framework provided for the setting up of National Contact Points for Roma integration in each Member State and stressed that they should be fully empowered to effectively coordinate Roma inclusion across policy areas;

P.  whereas Member States should take all necessary measures to ensure that Roma are not discriminated against and that their human rights, as enshrined in the Charter and the European Convention of Human Rights as well as in EU law, are respected, protected and promoted;

Q.  whereas Roma suffer from discrimination and social exclusion and special attention should be paid to minors and women within Roma communities, in particular with respect to their fundamental rights, including their rights to education and to physical integrity, as well as to the prohibition of slavery and forced labour, as enshrined in Articles 3 and 5 of the Charter of Fundamental Rights;

R.  whereas the effective fighting of anti-Roma prejudices and negative attitudes requires strong awareness-raising campaigns, initiatives that foster intercultural dialogue and cooperation, and cultivating majority support in favour of Roma inclusion;

S.  whereas the Roma who are citizens of the European Union should fully enjoy and be able to exercise the rights and duties associated with European citizenship;

1.  Strongly condemns discrimination and racism against Roma, and regrets the fact that in the European Union the fundamental rights of Roma persons are still not always fully upheld; calls on the Commission and the Member States to fight discrimination and ensure that the relevant EU directives, such as Directives 2000/43/EC and 2012/29/EU(8), are properly transposed and implemented;

2.  Calls on the Commission to set up an effective EU-wide monitoring mechanism regarding the fundamental rights of Roma, anti-Roma incidents and hate crime against Roma, and to take strong action – including through infringement procedures, where relevant – in cases of violations of the fundamental rights of Roma in Member States, especially violations of access to and exercise of economic and social rights, of the right to freedom of movement and of residence, of the right of access to healthcare and education, of the right to equality and non-discrimination (including from multiple discrimination), of the right to the protection of personal data and the prohibition of the creation of registers based on ethnicity and race;

3.  Welcomes the Commission’s initiative to develop an on-line tool to help local authorities understand and apply the free movement rights of EU citizens; condemns, however, any attempts to unlawfully limit the right to free movement of Roma and calls on the Member States to stop illegal expulsions;

4.  Condemns all forms of anti-Gypsyism, and in particular hate speech in public and political discourse; urges the Member States to renew their commitment in the fight against anti-Gypsyism, acknowledging its role in undermining the successful implementation of the NRIS; urges all parties to refrain from anti-Roma statements that incite hatred;

5.  Calls on the Member States to investigate and put an end to ethnic profiling, police abuse and other human rights violations against Roma, to ensure that bias-motivated offences are punishable and are recorded and investigated properly and that victims are offered proper assistance and protection, and to create specific training programmes for police and other public officers working with Roma communities;

6.  Calls on the Commission and the Member States to address the issue of the lack of birth registrations and certificates for Roma residing in the EU;

7.  Calls on the Member States to provide an effective response to Roma exclusion by implementing the measures set out in their NRIS with concrete targets, timelines and allocated budgets; calls on the Commission and the Member States to actively involve Roma representatives and civil society in policy development, management, implementation, monitoring and evaluation in respect of the NRIS and the projects affecting their communities, by setting up mechanisms for regular and transparent dialogue in accordance with the principles of the ‘European Code of Conduct on Partnership’; calls on the Member States to identify in their NRIS how exactly they intend to empower and involve the Roma in the process; calls on the Commission to support the efforts of Member States by raising awareness among Roma representatives of the opportunities presented by the NRIS, and to encourage them to play a more active role in the integration process;

8.  Calls on the Commission and the Member States to ensure sufficient funding for building a strong Roma civil society having the capacity, knowledge and expertise to undertake monitoring and evaluation;

9.  Calls on the Commission to scale up current efforts to work with Member States, local authorities and other relevant actors in order to ensure effective communication in respect of the implementation of national strategies and the benefits of the social integration of Roma, to promote intercultural dialogue and awareness-raising campaigns that seek to put an end to anti-Roma prejudice and negative attitudes by changing mindsets, and to facilitate initiatives that achieve majority support for policies to promote Roma inclusion;

10.  Urges the Commission and the Member States to stress the gender dimension in the NRIS and to involve Roma women as well as Roma youth in the process of implementing and monitoring the NRIS;

11.  Urges the Member States to involve local and regional authorities in reviewing, managing, implementing and monitoring their national strategies, and to assist and support the local and regional authorities in the measures they need to undertake for the realisation of Roma inclusion under all four pillars of the NRIS, as well as in implementing anti-discrimination measures;

12.  Calls on the Member States to produce disaggregated data with the assistance of the FRA, the UNDP and the World Bank on the socio-economic situation of Roma, the degree to which Roma experience discrimination on the grounds of ethnic origin, and hate crimes committed against them, while fully respecting data protection standards and the right to privacy, and to develop, in cooperation with the Commission, the baseline indicators and measurable targets that are essential for a robust monitoring system in order to ensure reliable feedback on the progress made in the implementation of the NRIS and in improvement of the situation of Roma, with particular regard to minors and women; calls on the Commission to enhance the coordination role of the FRA and fully use its capabilities;

13.  Calls on the Commission to define a timeline and clear and measurable targets and indicators for the implementation of the NRIS for the Member States, in line with the Europe 2020 strategy, to assist Member States in improving their absorption capacity for EU funds, and to prepare country-by-country reports and country-specific recommendations;

14.  Calls on the Member States to take into account the multidimensional and territorial aspects of poverty, to mobilise sufficient budgetary resources from national budget and EU programmes – primarily from the European Social Fund, the European Regional Development Fund and the European Agricultural Fund for Rural Development – inter alia through the use of Community-Led Local Development, Joint Action Plans, Integrated Territorial Investments and Integrated Operations in order to carry out the objectives identified in their NRIS, to develop integrated multi-sectorial and multi-fund programmes targeting the most deprived micro-regions, to include Roma integration in the partnership agreements for the programming period 2014-2020, and to establish their Operational Programmes for the promotion of equal opportunities and the prevention of discrimination and segregation;

15.  Calls on the Commission and the Member States to introduce special grant schemes in the form of small and flexible funds for community projects and for mobilising local communities on social inclusion issues;

16.  Calls on the Member States to bring their general mainstream education, employment, housing, and health policies into line with the objectives of the NRIS;

17.  Calls on the Commission and its Roma Task Force to continue assessing how Member States spend EU funds earmarked for Roma inclusion, as well as the impact of their national policies on the lives of Roma, to report their findings to Parliament and the Council on a yearly basis, and to identify concrete ways to improve the effectiveness of EU funds in the reports; calls on the Commission to facilitate structured input from experts and civil society, and to ensure effective cooperation between the Platform for Roma Inclusion and the rotating EU presidencies;

18.  Calls on the Commission to conduct a periodical external evaluation of the impact of EU funding on the social inclusion of Roma, and to identify good practices and projects realised with the help of EU funding and safeguard their long-term sustainability;

19.  Calls on the Member States to work together with local and regional authorities in order to eliminate spatial segregation, stop unlawful forced evictions and prevent the homelessness now faced by Roma, and also to set up effective and inclusive housing policies, including by providing appropriate housing, and social and health assistance in the case of evictions;

20.  Calls on the Member States to use urban planning for integration and desegregation, and to develop the infrastructural and environmental qualities of the cities most markedly affected by social imbalances, as well as to strengthen the links between urban and rural areas with a view to promoting inclusive development;

21.  Calls on the Member States to eliminate segregation in the field of education and the illicit placement of Roma children in special schools, where relevant, and to create the necessary infrastructure and mechanisms to facilitate access to quality education for all Roma children, to address early school-leaving among Roma pupils, inter alia by involving parents in the education process, to promote Roma children’s access to early childhood education and development services, to provide training for teachers so that they are able to address specific situations which may arise when working with Roma children, to provide inclusive support structures such as tutoring and mentoring to Roma students in order to prevent them dropping out of secondary or tertiary education, to ensure their access to the Erasmus programme, and to promote internship opportunities in order to enable them to gain appropriate work experience;

22.  Calls on the Commission and the Member States to address the high levels of unemployment among Roma and to remove all barriers to accessing employment, including by using existing mechanisms such as the Youth Guarantee and the flagship initiatives of the Europe 2020 strategy; calls on the Member States to create anti-discrimination mechanisms, specialised training programmes and programmes to facilitate access to the job market, including the proportionate representation of Roma in public services, encouraging self-employment, mobilising assets for creating more jobs in sectors with the highest employment potential – such as the inclusive green economy, health and social services, and the digital economy – and creating partnerships between public authorities and employers;

23.  Calls on the European institutions to create internship programmes and employ Roma in all institutions;

24.  Calls on the Commission and the Member States to address the existing health disparities that Roma face and the prevalent discrimination regarding their access to healthcare, to set up specifically targeted programmes and to allocate sufficient financial resources from national and EU funds, with particular emphasis on child and maternal health;

25.  Calls on the Member States to determine precisely the National Contact Points for Roma Inclusion and their responsibilities in the implementation of the NRIS, ensuring that they have sufficient authority, capacity and political and financial support to fulfil their role effectively as well as adequate links with the Roma community and civil society organisations, to ensure that the Contact Points are accessible by clearly identifying them and to ensure that their communication with stakeholders at all levels is transparent;

26.  Reminds the Member States that good practices, such as Roma mediators’ programmes and the European Alliance of Cities and Regions for Roma Inclusion implemented by the Council of Europe, are successful on the ground, which should encourage Member States to show more political determination in favour of the effective inclusion of Roma;

27.  Welcomes the adoption of the Commission’s proposal for a Council Recommendation on effective Roma integration measures in the Member States;

28.  Stresses that integration is a two-track exercise and that every integration effort implies shared but asymmetrical responsibilities of the parties in light of their capacities and their economic, political and social resources;

29.  Instructs its President to forward this resolution to the Council, the Commission, the Governments and Parliaments of the Member States and the Council of Europe.

(1) 1 OJ C 298 E, 8.12.2006, p. 283. (2) OJ C 308 E, 20.10.2011, p. 73. (3) OJ C 199 E, 7.7.2012, p. 112. (4) Texts adopted, P7_TA(2013)0246. (5) Texts adopted, P7_TA(2013)0090. (6) Texts adopted, P7_TA(2013)0328. (7) OJ C 199 E, 7.7.2012, p. 25. (8) Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA.

European Parliament resolution of 12 December 2013 on the outcome of the Vilnius Summit and the future of the Eastern Partnership, in particular as regards Ukraine (2013/2983(RSP))

P7_TA(2013)0595 RC-B7-0557/2013

The European Parliament,

–  having regard to its resolution of 23 October 2013 on ‘the European Neighbourhood Policy: towards a strengthening of the partnership. Position of the European Parliament on the 2012 reports’(1),

–  having regard to its resolution of 12 September 2013 on the pressure exerted by Russia on Eastern Partnership countries (in the context of the upcoming Eastern Partnership Summit in Vilnius)(2),

–  having regard to its resolution of 13 January 2005 on the results of the Ukraine elections(3),

–  having regard to the Joint Declaration of the Vilnius Eastern Partnership Summit of 29 November 2013,

–  having regard to the Joint Declarations of the Warsaw Eastern Partnership Summit of 30 September 2011 and of the Prague Eastern Partnership Summit of 7 May 2009,

–  having regard to the deteriorating situation in Ukraine, which developed after the decision by the Ukrainian authorities not to sign the Association Agreement at the Vilnius Summit of 28 and 29 November 2013, resulting in the outbreak of massive popular demonstrations in support of Ukraine’s European choice at the Euromaidan in Kyiv and in cities all over Ukraine,

–  having regard to the joint statements by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, Catherine Ashton, and the Commissioner for Enlargement and European Neighbourhood Policy, Štefan Füle, condemning the excessive use of force by the police in Kyiv to disperse demonstrators on 30 November 2013,

–  having regard to Rule 110(2) and (4) of its Rules of Procedure,

A.  whereas, at the Vilnius Eastern Partnership Summit, Ukraine and all the other participants reconfirmed their commitment to the principles of international law and to fundamental values, such as democracy, the rule of law and respect for human rights;

B.  whereas, in particular, Armenia’s decision to withdraw from the Association Agreement negotiations and Ukraine’s last-minute decision to suspend the preparations for the signing of its Association Agreement frustrated the efforts made, and undermined the work undertaken, over the last few years with the aim of deepening bilateral relations and enhancing European integration;

C.  whereas the Ukrainian Government’s decision to suspend the process of preparation for the signing of the Association Agreement, including a Deep and Comprehensive Free Trade Area (DCFTA), has aroused discontent and massive protest within the country; whereas, in this context, the Ukrainian security forces made brutal and unacceptable use of force against peaceful demonstrators, opposition parties and the media;

D.  whereas Georgia and Moldova initialled Association Agreements with the EU, including provisions establishing DCFTAs, at the Eastern Partnership Summit in Vilnius on 29 November 2013;

E.  whereas the only solution must be a peaceful one negotiated with all parties;

1.  Welcomes the initialling of Association Agreements, including DCFTAs, with Georgia and Moldova, which sets a clear European agenda for these two countries; looks forward to the signing and implementation of these agreements as soon as possible; calls on the Commission, in this connection, to facilitate the implementation of these agreements and to assist the two countries’ respective authorities so that some tangible positive effects and benefits covered by the agreements can be delivered to their citizens in the short term;

2.  Deplores the decision by the Ukrainian authorities, under the lead of President Yanukovych, to withdraw from signing the Association Agreement with the EU during the Eastern Partnership Summit in Vilnius, despite the clear will on the EU side to continue with the association process, provided the conditions are met; considers this decision to be a major missed opportunity in EU-Ukraine relations and for Ukraine’s aspirations; acknowledges Ukraine’s European aspirations, as expressed in the ongoing demonstrations by Ukrainian civil society in the Euromaidan in Kyiv and in other cities all over Ukraine, which did not hesitate to take its disapproval of President Yanukovych’s decision out onto the streets, and reiterates its view that a deepening of relations between the EU and Ukraine and the fact of offering Ukraine a European perspective are of great significance and in the interests of both parties;

3.  Deplores the violent events of the night of 9 to 10 December 2013, when the security forces stormed the offices of opposition parties and independent media outlets, and harassed protesters, along with those of the night of 10 to 11 December 2013, when security forces attacked peaceful protesters, attempting to remove them from the Euromaidan and surrounding streets and to tear down the barricades; points out that these events took place even during the visit by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, Catherine Ashton, and ongoing efforts to facilitate roundtable talks; fears that they may lead to further escalation of an already tense situation;

4.  Recalls that several channels of communication, including the European Parliament Monitoring Mission led by Presidents Cox and Kwaśniewski, are open between the EU and Ukraine, and therefore reiterates that the concerns raised by the Ukrainian authorities to justify this last-minute decision to suspend should have been voiced earlier so as to allow them to be addressed;

5.  Reaffirms its strong support for the signing of the Association Agreement as soon as possible, provided that the relevant requirements are met, as defined by the Foreign Affairs Council of 10 December 2012 and supported by Parliament’s resolution of 13 December 2012; calls, therefore, on the European Council, at its December 2013 meeting, to send a strong political signal that the EU remains ready to engage with Ukraine;

6.  Calls for the immediate launch of a new, fully fledged EU mediation mission at the highest political level, to achieve, and assist in, roundtable talks between the government and the democratic opposition and civil society and to secure a peaceful outcome to the current crisis;

7.  Expresses its full solidarity with those demonstrating for a European future; calls on the Ukrainian authorities to fully respect people’s civil rights and the fundamental freedom of assembly and peaceful protest; strongly condemns the use of brutal force against peaceful demonstrations, and stresses the need for prompt, effective and independent investigation, and for prosecution of those found guilty; calls for the immediate and unconditional release of the peaceful protesters arrested in the last few days; underlines Ukraine’s international obligations in this regard; stresses that such measures clearly stand against the fundamental principles of freedom of assembly and expression, and are therefore in breach of universal and European values; recalls that, in view of Ukraine’s position as the incumbent Chair‑in‑Office of the Organisation for Security and Cooperation in Europe, its record on the defence and promotion of these values is being scrutinised even more closely;

8.  Reiterates its firm condemnation of the unacceptable political and economic pressure, coupled with threats of trade sanctions, being exerted by Russia on Ukraine; urges the EU and its Member States to speak to Russia with one voice, and calls for the EU, together with its Member States, to develop and implement a policy of adequate response to these tools and measures used by Russia against Eastern partners, especially with a view to helping Ukraine acquire energy security, in the light of the ongoing crisis regarding the importing of natural gas from Russia; reiterates that the Association Agreement is a matter of strictly bilateral concern between the two parties, and very firmly rejects any proposal to associate a third party in the process;

9.  Calls on the Commission to consider possible counter-measures which the EU can evoke when Russia breaks World Trade Organisation (WTO) trade rules for short-sighted political ends; underlines the fact that the Union’s political credibility demands that it should be able to react when it or its partner countries come under political and economic pressure;

10.  Urges the Ukrainian authorities to engage in talks with the protesters in order to avoid an escalation of violence and destabilisation of the country, and urges all political parties to ensure that an orderly, calm and reflective parliamentary debate can be conducted on the economic and political situation and the prospects for future integration with the EU; recalls that in any democracy new elections can be called when renewed popular legitimacy is needed;

11.  Calls for the EU institutions and the Member States to commit to a broad opening towards Ukrainian society, in particular through a swift agreement on a visa-free regime, strengthened research cooperation, expanded youth exchanges and increased availability of scholarships; considers that further efforts should be made to include Ukraine fully in the EU’s internal energy market;

12.  Underlines the need for the EU to support the involvement of international financial institutions such as the International Monetary Fund and the European Bank for Reconstruction and Development, with a view to providing financial assistance to help Ukraine tackle its worsening financial situation;

13.  Recalls that the signing of the Association Agreement is not an end in itself, but is, rather, a means to achieve long-term stability and socio-economic progress, as well as sustainable and systemic transformation, and that it therefore requires a genuine commitment to its proper and prompt implementation; calls for the EU to negotiate a concrete roadmap for implementation with the Ukrainian authorities;

14.  Regrets the fact that after more than three years of successfully completed negotiations on an Association Agreement, including a DCFTA, the Armenian authorities decided instead to join the Customs Union, following Russian pressure; reminds the Armenian authorities that the protests and demonstrations against this decision are an expression of the free will of the country’s citizens and that they need to be respected under the international commitments into which Armenia has entered; recalls, in this connection, that persecution and detentions are violations of the rights of assembly and expression and that repressive measures run counter to recent rhetoric of commitment to shared values with the EU; calls on the Government of Armenia to engage in an inclusive dialogue with civil society on the country’s future direction;

15.  Welcomes the signing of the visa facilitation agreement between the EU and Azerbaijan; is concerned at the crackdown on dissent that has taken place in the country following the presidential elections of October 2013, as manifested in continuing detention and fresh arrests of opposition activists, harassment of independent NGOs and media, and dismissals of the government’s critics from their jobs solely on the basis of their political activities; urges the Azerbaijani parliament to reconsider its decision to suspend its participation in the Euronest Parliamentary Assembly, following the adoption of Parliament’s resolution of 23 October 2013;

16.  Welcomes the Commission’s legislative proposal to amend Regulation (EC) No 539/2001 in order to allow visa-free travel to the Schengen area for Moldovan citizens holding a biometric passport; considers that this important measure will facilitate people-to-people contacts and bring Moldovan citizens closer to the EU;

17.  Welcomes the signing of a framework agreement with Georgia on participation in EU crisis management operations, providing a permanent legal basis for the involvement of Georgia in ongoing and future EU crisis management efforts around the world;

18.  Believes that the outcome and overall context of the Vilnius Summit highlight the need for the EU to articulate a more strategic and flexible policy in support of the European choice of its Eastern partners, using the full range of tools at its disposal, such as macroeconomic assistance, easing of trade regimes, projects to enhance energy security and economic modernisation, and swift implementation of visa liberalisation, in line with European values and interests;

19.  Supports the further involvement of civil society in national reform processes; encourages enhanced interparliamentary cooperation with the Euronest Parliamentary Assembly; calls for a European Parliament mission to be sent to Ukraine as soon as possible; welcomes the involvement of the Conference of Local and Regional Authorities of the Eastern Partnership;

20.  Instructs its President to forward this resolution to the Council, the Commission, the Vice‑President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Member States, the President of Ukraine, the governments and parliaments of the Eastern Partnership countries and of the Russian Federation, the Euronest Parliamentary Assembly, and the Parliamentary Assemblies of the Council of Europe and the Organisation for Security and Cooperation in Europe.

(1) Texts adopted, P7_TA(2013)0446. (2) Texts adopted, P7_TA(2013)0383. (3) OJ C 247 E, 6.10.2005, p. 155.

European Parliament resolution of 12 December 2013 on the 2013 Progress Report on Albania (2013/2879(RSP))

P7_TA(2013)0596 B7-0556/2013

The European Parliament,

–  having regard to the Presidency conclusions of the Thessaloniki European Council of 19 and 20 June 2003 concerning the prospect of the Western Balkan countries joining the European Union,

–  having regard to the conclusions of the General Affairs Council of 11 December 2012, confirmed by the European Council of 14 December 2012,

–  having regard to the Commission communication of 9 November 2010 entitled ‘Commission Opinion on Albania’s application for membership of the European Union’ (COM(2010)0680),

–  having regard to the Commission communication of 16 October 2013 entitled ‘Enlargement Strategy and Main Challenges 2013-2014’ (COM(2013)0700) and the Commission Staff Working Document entitled ‘Albania 2013 Progress Report’ (SWD(2013)0414),

–  having regard to the preliminary findings and conclusions of the International Election Observation Mission to Albania, with regard to the parliamentary elections of 23 June 2013,

–  having regard to its resolutions of 22 November 2012 on enlargement: policies, criteria and the EU’s strategic interests(1) and of 13 December 2012 on the 2012 progress report on Albania(2),

–  having regard to its resolution of 22 October 2013 on budgetary management of European Union pre-accession funds in the areas of judicial systems and the fight against corruption in the candidate and potential candidate countries(3) and its observations on Albania,

–  having regard to the recommendations of the 6th meeting of the European Union-Albania Stabilisation and Association Parliamentary Committee of 28-29 October 2013,

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

A.  whereas Albania has demonstrated progress in achieving the 12 key priorities of the Commission’s 2010 Opinion and the reform process is proceeding in a satisfying manner; whereas Albania has adopted the remaining key judicial, public administration and parliamentary reform measures with cross-party consensus; whereas challenges still persist and need to be addressed swiftly and efficiently in order to make further progress on the path to EU membership;

B.  whereas the orderly conduct of the June 2013 parliamentary elections and peaceful transfer of power are having a positive impact on the country’s democratisation process and improving its international reputation;

C.  whereas the EU accession process has become a driving force for continuing reforms in Albania and citizens’ support for EU accession remains particularly high;

D.  whereas, despite the progress achieved so far, the new parliamentary term started once again with friction between the political forces; whereas these events show that the political forces need to promote a spirit of dialogue, cooperation and compromise as a matter of urgency, primarily in the field of relations between the two major political forces, but also among all the other stakeholders in the social life of the country;

E.  whereas the European Parliament has played an important role in efforts to establish a healthy political climate in the country; whereas a sustainable political dialogue is essential to maintain the momentum of the reform process and the implementation of the EU agenda;

F.  whereas the EU has put the rule of law at the core of its enlargement process; whereas the independence of the judiciary and the fight against corruption, organised crime and trafficking in human beings, weapons and drugs continue to be areas of serious concern; whereas progress in these areas is essential for advancing in the EU integration process; whereas strong political support is key to achieving progress in these areas;

G.  whereas the rights of minorities should be further advanced, especially those of the Roma minority and the LGBTI community; whereas the living conditions of the Roma in Albania are appalling and need to be swiftly improved, in particular as regards Roma people’s access to registration, housing and education and the inclusion of Roma children in the educational system – from pre-school level to higher education;

H.  whereas social reforms are as important as political and legal ones; whereas Albania is striving to raise the level of social cohesion and needs strong support from the EU to do so, as well as more pronounced efforts by the Government to promote social dialogue as the third party, together with trade unions and employers’ associations;

I.  whereas the existence of a professional, effective and merit-based public administration is of great significance for any country that aspires to become an EU member;

J.  whereas corruption and impunity for crimes continue to be widespread in Albanian society; whereas state institutions dealing with the fight against corruption remain vulnerable to political pressure and influence; whereas corruption among the judiciary and crime repression institutions remains a particularly serious problem;

K.  whereas each country’s progress towards EU membership depends on its efforts to meet the Copenhagen criteria and comply with the conditions attached to the stabilisation and association process;

L.  whereas the enlargement policy needs to remain credible and be based on objective criteria to be met; whereas Albania is within reach of achieving candidate status, as it has complied with the criteria required to take this step;

General considerations

1.  Welcomes and supports the analysis and recommendations of the 2013 Progress Report on Albania and calls on the Council to acknowledge the progress made by granting Albania candidate status without undue delay; urges the Albanian authorities and all political forces to consolidate the progress achieved so far;

2.  Commends all political forces for the overall orderly conduct of the recent parliamentary elections and the smooth transition of power; recommends further enhancing public confidence in the electoral process, inter alia by strengthening the institutional independence of the Central Election Commission and the professionalism of election officials; considers it essential to sustain genuine political dialogue and cooperation among all parties and to find compromises as a key to progress in political processes;

3.  Emphasises that all political parties and actors in Albania, including the media and civil society, should strive to improve the political climate there in order to allow dialogue and mutual understanding; calls, therefore, for a genuine commitment by all political parties, NGOs, trade unions and other stakeholders;

4.  Underlines the fact that preparations for EU integration should have broad political and public support; encourages the Government to pursue the integration reforms in a consistent manner, involving all political forces and civil society; believes that the opposition also has an important role to play in this respect, and acknowledges its responsible political behaviour thus far; considers it important that Albania’s civil society, media and citizens hold their leaders accountable for specific policy outcomes, particularly with regard to EU integration processes;

5.  Calls on the Albanian Government to enhance administrative capacities by continuing to implement public administration reforms and promoting depolarisation and knowledge of EU law and decision-making processes;

6.  Notes the encouraging progress on the reform agenda and expresses confidence in Albania’s potential and capacity for, and commitment to, further progress on its European path, provided that political forces continue to cooperate constructively; commends the adoption of key legislative reforms, such as the revision of the parliamentary Rules of Procedure, the adoption of the Civil Service Law and the amendments to the High Court Law; encourages Albania to show a track record in the effective implementation of these reforms;

7.  Notes the remaining deficiencies in the implementation of the legislation and underlines the fact that implementation of the reform agenda needs to be intensified and a clear track record provided; invites both the ruling majority and the opposition to sustain cross-party cooperation in adoption and implementation of the key reforms;

8.  Calls on Albania to implement the Civil Service Law in a timely and efficient manner, adopt the Law on General Administrative Procedure in due course and enhance the Law on the Organisation and Functioning of Public Administration; stresses the need for a stronger Department of Public Administration and a fully operational Human Resources Management Information System;

9.  Expresses its satisfaction at the fact that European integration and modernisation of the country remain key priorities of the new Government; calls on Albania to continue delivering results under the key priorities of the Commission’s 2010 Opinion, in particular as regards respect for the rule of law and the fight against corruption and organised crime, including by establishing sustainable track records of implementation and adopting the missing legislation; urges Albania to improve cooperation between the Ministry of European Integration and line ministries in order to enhance the European reform agenda;

Political criteria

10.  Calls for further efforts on the part of both the Government and the Parliament to strengthen the independence, accountability, impartiality and efficiency of the judicial system, including the High Council of Justice and an independent General Prosecutor, appointed on the basis of transparent, impartial and merit-based criteria; urges the authorities to improve access to justice for all those in need of it, including through awareness-raising activities by the State Commission for Legal Aid and the establishment of the proposed local legal aid offices; calls on the authorities to strengthen the independence, efficiency and effectiveness of human rights structures, such as the offices of the Ombudsman and the Commissioner for Protection against Discrimination;

11.  Insists on the fact that the Albanian justice system should be fully independent, more predictable, efficient and fair in order to ensure that citizens and the business community trust the judiciary; calls, therefore, on the authorities to guarantee the depoliticisation of the judiciary by establishing a merit-based and transparent process for appointing judges and prosecutors, as well as a solid track record of disciplinary proceedings, and by ensuring timely justice together with the unification of jurisprudence, the publication of, and easy access to, all judicial decisions immediately after adoption and the random allocation of cases in all courts;

12.  Stresses the need to create a merit-based and professional public administration which operates transparently and is able to adopt laws and implement them; calls for the adoption of the necessary secondary legislation to ensure the proper implementation of the Civil Service Law, and for a new Law on General Administrative Procedures; stresses the need for a stronger Department of Public Administration as well as for a fully operational Human Resources Management Information System; underlines the fact that further efforts are needed to depoliticise public administration, fight corruption, strengthen meritocracy in appointments, promotions and dismissals and increase the efficiency and financial sustainability of public administration;

13.  Welcomes the Government’s intention to initiate and complete a major administrative and territorial reform before the 2015 local elections in the country; highlights, however, the importance of ensuring appropriate consultation with all local stakeholders and guaranteeing compliance of the reform with the provisions of the European Charter of Local Self-Government, including those for the protection of the rights of communities and those guaranteeing the political, administrative and financial independence of local governments;

14.  Stresses the need to further strengthen the political commitment to fight corruption at all levels, enhance institutional capacity and improve institutional coordination; calls for more efforts to uproot corruption within local governments; recognises the results in terms of the adoption of strategic documents in the field of anti-corruption; notes with satisfaction the fulfilment of all the recommendations of the third GRECO evaluation round, the appointment of a national anti-corruption coordinator and the Government’s intention to appoint a watchdog within every ministry; insists on the need to implement the anti-corruption legislation in force in a consistent manner;

15.  Calls for the Government to elaborate a clear mandate and action plan/strategy for the National Anti-Corruption Coordinator and to initiate the drafting of the new National Anti-Corruption Strategy, including clear indicators of results and follow-up and monitoring mechanisms; urges, moreover, the authorities responsible to clarify the role of the Department of Internal Control and Anti-Corruption and to enhance capacity in the area of internal control mechanisms, to provide the Joint Investigative Units with sufficient resources, to monitor the implementation of the anti-corruption strategy and action plans and to further develop track record results on investigations, prosecutions and convictions, including in cases of high-level corruption; urges the Albanian authorities to address the vulnerability to political attacks of the institutions dealing with the fight against corruption;

16.  Reiterates the need to resolutely enforce reforms and regional cooperation in the fight against organised crime as well as to develop a solid track record of investigations, prosecutions and convictions at all levels, particularly in the fields of drugs manufacture and trafficking, trafficking in human beings, including minors, and illegal gambling; urges the Government to work towards developing a track record of financial investigations focusing on cases of inexplicable wealth and the connection of such wealth with criminal activities and organised crime; reiterates the need to further strengthen coordination between the law enforcement agencies;

17.  Commends the Ombudsman for his work in promoting human rights, his openness towards vulnerable people and his cooperation with civil society organisations; deplores the fact that the Ombudsman’s annual and special reports have not been debated in the Parliament, and therefore cannot be published and are not officially acknowledged; urges the Government and the Parliament to improve cooperation with the office of the Ombudsman; deplores the fact that, so far, the Ombudsman has not regularly been informed or consulted by the Government in a timely manner on relevant draft legislation; notes with concern that the budget allocated to the Ombudsman’s office remains insufficient and has been further reduced; underlines the fact that the institution needs further financial and political support from both the Parliament and the Government in order to continue carrying out its duties; calls for a broad awareness campaign to highlight the role and importance of the institution;

18.  Calls on the Parliament and the Government and other relevant state institutions to preserve and foster the integrity and independence of key institutions such as the state police, the High Council of Justice, the High Inspectorate for Declaration and Audit of Assets, the Audiovisual Media Authority and the National Institute of Statistics;

19.  Is concerned by the continued existence of blood feuds in Albania, which not only trigger murder and violence but also force many children to stay home indefinitely, and thus have far-reaching social consequences affecting the lives of many thousands of people; notes that the number of blood feud murder cases is increasing; calls on the Albanian authorities to respond to the demand by the United Nations and the recommendations of the Ombudsman to create a reliable database, to activate the Coordinating Council for the Fight Against Blood Feuds set up in 2005 and to develop an action plan to tackle blood feuds;

20.  Appreciates the improvement in the dialogue between civil society and the Government and stresses the need to consolidate the achievements and to deepen and expand it, both in the field of democracy, human rights and civil liberties and in shaping the legislative framework for new reforms; stresses the crucial role of civil society in regional cooperation on the social and political aspects; calls on the Government to facilitate the involvement of civil society actors in the policy-making process;

21.  Welcomes the fact that the rights of minorities are generally respected, and that religious freedom is widespread; calls on the competent authorities to further improve the climate of inclusion and tolerance for all minorities in the country; is concerned that groups such as the Roma, persons with disabilities and LGBTI persons still suffer discrimination, including on the part of some state authorities; stresses that all minorities must be protected; urges the Government to ensure that the relevant legal provisions are comprehensively implemented and encourages the authorities to deploy further efforts in raising awareness of any type of discrimination; notes the importance of raising public awareness of the legal means at the disposal of citizens for filing complaints about various forms of discrimination;

22.  Calls for further action to ensure the rights of the Roma minority, who still face frequent discrimination; calls, in this respect, for accelerated implementation of the action plan for the Roma Decade to strengthen Roma inclusion, for sufficient and appropriate financial resources to be allocated and for the legislation to be reviewed; underlines the fact that a key to resolving the problems of the Roma in Albania is registration and the provision of access to housing and education; calls urgently on the Government to take resolute action to provide the necessary conditions;

23.  Calls for appropriate revision and implementation of the legislation, for the fostering of awareness-raising, education and other activities aimed at fighting discrimination against LGBTI persons, including sanctions for hate speech, and for the establishment of a track record in that regard;

24.  Emphasises the critical importance of professional, independent and pluralist public service and private media as a cornerstone of democracy; stresses the importance of internet access, which is amongst the lowest in the region, and digital freedom;

25.  Welcomes improvements to the legislative framework for audiovisual media through the adoption of the Law on Audiovisual Media; notes that the media environment is pluralistic and diverse; remains concerned at the political influence and interference in the media as well as at self-censorship, especially in the public media; stresses that additional efforts are required to fully guarantee the independence of the media regulatory authority and of the public broadcaster; calls for measures to protect journalists and their investigative work; stresses the importance of guaranteeing and promoting media pluralism in order to enhance freedom of expression and of ensuring transparency in media ownership and its funding; points to the need for a long-term strategy for the development of public service media in the new media system;

26.  Notes with satisfaction the decision of the new administration to increase the number of women in senior government posts and hopes that this will have a positive impact in society at large; calls for zero tolerance of violence against women and for the elimination of any gender bias in legislation and its implementation;

27.  Calls on the Government to increase efforts to enforce laws and the implementation of policies on women’s rights and gender equality, with particular focus on protecting women against all forms of violence and their equal participation in public and political life; encourages further gender mainstreaming efforts at central and local levels;

28.  Emphasises the need to improve the rights and quality of life of people dependent on the state, such as prisoners, orphans and the mentally ill;

29.  Calls for further efforts to ensure the effective implementation of the strategy and action plan on property rights as this is one of the cornerstones of economic development; notes the steps taken to address the problem of illegal objects built all over the country; is concerned about the limited progress made on property registration and restitution; calls on the Government to communicate a clear plan and timetable for enforcement of judgments of the European Court of Human Rights regarding property rights;

30.  Urges the Government to develop policies on renewable energy, to deal more effectively with the problem of waste management and to develop environmentally sustainable tourism; welcomes the recent civil society initiative regarding a referendum on the import of waste; strongly welcomes the vote by the Parliament on 10 October 2013 to annul the authorisation to import waste as laid down in law No 10463 of 22 September 2011;

31.  Calls for measures to prevent an increase in unjustified asylum procedures following implementation of the visa exemption arrangements with the EU;

Socio-economic reforms

32.  Calls on the competent authorities to deal in a resolute manner with poor law enforcement and tax collection as well as with the large informal economy, all of which are hampering the country’s social cohesion and economic prospects; encourages the new Government to enforce measures and legislation to promote employment, health and safety in the workplace, social security rights, the right to protection against discrimination on any grounds in the field of labour, equal pay for men and women and other labour-related laws, especially among young people and women;

33.  Notes with concern the lack of progress in the field of social policy and employment; welcomes the new Government’s intention to address this problem; is aware of the budgetary constraints but calls, nevertheless, for a reversal of the trend of reducing the budget for the implementation of social assistance and protection reforms; underlines the urgent need to provide social assistance to the most vulnerable groups among the unemployed; notes with serious concern that child labour remains an important challenge and calls on the Government to resolutely address this issue;

34.  Underlines the fact that Albania has ratified the eight core labour rights conventions of the ILO; is concerned that only modest progress has been made in the field of labour rights and trade unions; calls on the Government to further strengthen labour and trade union rights; urges the Government to guarantee respect for labour laws, in both the private and public sectors, and to improve the tripartite social dialogue, both to enhance the role of trade unions and encourage wider support for implementing reform legislation; notes that dialogue has been interrupted since the mandate of the National Labour Council ended in March 2013 and that the bipartite social dialogue remains weak, particularly in the private sector; points out that social dialogue and respect for labour rights are cornerstones of a social market economy;

35.  Stresses that special attention should be paid to protection of children’s rights and calls for investment in early learning, especially for children from minority or marginalised groups, to prevent exclusion, and for targeted measures to ensure childcare, nutrition and family support to prevent the transmission of poverty across generations; stresses the need to immediately improve the situation of minors in judicial procedures, in accordance with best European practices; stresses the importance of ensuring proper financing of the public education system; urges the authorities to adopt the Strategy for Justice for Children; stresses the fact that corruption within the judiciary continues to specifically hamper anti-trafficking law enforcement and victim protection efforts;

Regional cooperation

36.  Welcomes the stabilising role of Albania in the Western Balkans, in particular in its relations with neighbouring countries, some of which are home to a strong Albanian minority, and its contribution to religious harmony;

37.  Welcomes the new Government’s rejection of nationalistic discourse and its intention to develop a ‘zero problems with neighbours’ policy; stresses Albania’s pivotal role in fostering good neighbourly relations in the Western Balkans; encourages Albania to continue with its constructive regional stance;

o
o   o

38.  Instructs its President to forward this resolution to the Council, the Commission and the Government and Parliament of Albania.

(1) Texts adopted, P7_TA(2012)0453. (2) Texts adopted, P7_TA(2012)0508. (3) Texts adopted, P7_TA(2013)0434.

European Parliament resolution of 12 December 2013 on preparations for the European Council meeting (19-20 December 2013) (2013/2626(RSP))

P7_TA(2013)0597 B7-0560/2013

The European Parliament,

–  having regard to its resolutions of 12 June 2013 on strengthening European democracy in the future EMU(1), of 23 May 2013 on ‘future legislative proposals on EMU: response to the Commission communications’(2) and of 21 November 2013 on the Commission communication entitled ‘Strengthening the social dimension of the Economic and Monetary Union (EMU)’(3),

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

A.  whereas determined efforts have been made by the EU institutions and the Member States to restore financial credibility and stability, in particular through the adoption and implementation of structural reforms and the adoption of the new economic governance framework; whereas these efforts have to be completed by a true Banking Union;

B.  whereas better economic policy coordination is needed in order to enhance competitiveness, sustainability and job creation in the EU;

C.  whereas the ‘Community method’ is the appropriate approach in dealing with the challenges facing the EU and its currency;

D.  whereas all decisions should be underpinned by parliamentary scrutiny and accountability at the level at which they are taken;

E.  whereas full respect for, and thorough application of, EU law is the basic element of this policy;

F.  whereas in a rapidly changing and volatile geostrategic environment, marked by emerging security challenges, the US rebalancing towards the Asia-Pacific region, and the impact of the financial crisis, the EU needs to assume its responsibility as a credible security provider with real strategic autonomy, particularly in its neighbourhood, which will have the effect of enhancing its own security;

G.  whereas the only way for the heads of state and government to address these geopolitical trends and the uncoordinated decline in defence spending is to accelerate the coordination of defence cooperation;

On the Banking Union

1.  Insists that the ‘Community method’ is the appropriate approach for dealing with the challenges facing the EU and its currency, including regulation of financial services and the Banking Union;

2.  Reminds the European Council of the political commitment to the effect that the Single Resolution Mechanism should be agreed before the end of the current legislative term; calls on the European Council to reiterate its demand to the Council of Ministers that the negotiations on the Deposit Guarantee Directive and the recovery and resolution framework be concluded successfully before the end of 2013;

On deepening EMU

3.  Calls on the European Council to make a political commitment with regard to the legislative preparation, on the basis of the Treaties, of better economic policy coordination; expects Parliament and the other EU institutions to agree on the key features of this better economic policy coordination before the end of the current legislative term;

4.  Requests that, on the basis of the aforementioned better economic policy coordination, a legal act on ‘convergence guidelines’ be adopted under the ordinary legislative procedure, laying down, for a set period, a very limited number of targets for the most urgent reform measures;

5.  Reiterates its request that the Member States ensure that the national reform programmes, which should be established on the basis of the aforementioned convergence guidelines and verified by the Commission, are discussed and adopted by their national parliaments; considers this essential in order to strengthen ownership, and the democratic accountability, of the whole process;

6.  Considers it appropriate for the Member States to commit themselves to fully implementing their national reform programmes, as verified; suggests that, on this basis, the Member States could enter into a ‘convergence partnership’ with the EU institutions, with the possibility of conditional funding for reform activities;

7.  Reiterates that stronger economic cooperation should go hand in hand with an incentive-based mechanism; considers that any additional funding or instruments, such as a solidarity mechanism, must be an integral part of the EU budget, but outside the agreed multiannual financial framework (MFF) ceilings;

8.  Recalls that the Treaty on Stability, Coordination and Governance (TSCG) has to be integrated into EU law by 1 January 2018 at the latest, on the basis of an assessment of the experience with its implementation, as stipulated in Article 16 of the TSCG;

9.  Recalls its fundamental position that the strengthened EMU should not divide the EU but, on the contrary, establish deeper integration and stronger governance, which should be open to all non-euro Member States on a voluntary basis;

10.  Calls on the European Council to comply fully with Article 15(1) of the Treaty on European Union (TEU);

On defence policy

11.  Takes the view that, in a rapidly changing and volatile geostrategic environment marked by emerging security challenges, the US rebalancing towards the Asia-Pacific region, and the impact of the financial crisis, the EU needs, without duplicating existing activities within the NATO framework, to assume its responsibility as a global political player and a credible security provider, particularly in its neighbourhood and with real strategic autonomy, in order to promote international peace and security, to protect its interests in the world and to ensure the security of its citizens; underlines, in this connection, the need for the EU to be consistent in its policies and faster and more efficient in taking up the aforementioned responsibilities;

12.  Notes that the EU is currently facing significant financial constraints and that the Member States, for financial, budgetary and political reasons alike, which may or may not be related to the eurozone crisis, are undergoing a phase of uncoordinated reductions in their levels of defence spending; highlights the potential negative impact of these measures on their military capabilities and, therefore, on the EU’s ability to assume its responsibilities effectively in the areas of peacekeeping, conflict prevention and the strengthening of international security;

13.  Takes the view that, in order to address the above-mentioned challenges, the EU heads of state and government must seize the opportunity afforded by the December 2013 Council by taking a clear stance in favour of a stronger European defence system;

14.  Welcomes, in this connection, the Commission communication of 24 July 2013 entitled ‘Towards a more competitive and efficient defence and security sector’ (COM(2013)0542) and the final report of 15 October 2013 by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy / Head of the European Defence Agency;

15.  Calls on the European Council to implement the suggestions made in Parliament’s reports on the Common Foreign and Security Policy, the Common Security and Defence Policy (CSDP) and the European Defence Technological and Industrial Base (EDTIB);

16.  Believes that the Member States must first commit to overcoming the CSDP’s operational shortcomings by pledging their support for both CSDP civilian missions and military operations, notably through capability contribution;

17.  Underlines the fact that the Lisbon Treaty introduced several new instruments relating to the CSDP, which have not yet been put into practice; emphasises, in this connection, the necessity of implementing those provisions in order to further strengthen the CSDP, and calls on the Council to take full advantage of the aforementioned instruments (such as permanent structured cooperation among Member States (Article 46(6) TEU), the start-up fund (Article 41(3) TEU) and the possibility of entrusting CSDP missions and operations in particular to that group of Member States (Articles 42(5) and 44(1) TEU));

18.  Highlights the importance of launching a process of strategic reflection with a view to defining EU objectives and priorities and setting out a roadmap, with timelines, for deeper defence cooperation (a White Book that would serve as a framework to reflect on national processes);

19.  Calls on the Council to engage in enhanced cooperation in the field of armament, notably by empowering the European Defence Agency to play its full role in promoting coordination, overseeing commitments, prioritising investment in technologies (including strategic enablers such as air-to-air refuelling, satellite communication, strategic airlift, remotely piloted air systems, cyber defence and the Single European Sky), agreeing on the greater use of coalitions of the willing / core groups, and finding a workable solution for the use of Battlegroups;

20.  Calls on the Member States to pledge their support for a robust EDTIB which can overcome the fragmentation, and enhance the creativity and strength, of European industries through closer coordination of the planning of national defence budgets (potentially through the setting-up of a ‘European Semester’ for defence issues) and closer coordination at the industry level (harmonisation of standards and certification of defence equipment); calls for the provision of further incentives and support for the defence industry, with a commitment to the development of key defence technologies and systems (tax incentives, financial support for research and development, and the institutionalisation of synergies between civilian and military capabilities);

21.  Calls on the Member States significantly to deepen their cooperation and coordination on those aspects of defence which are relevant for an effective CSDP; calls on the Member States to be much more ambitious regarding the pooling and sharing process;

22.  Emphasises that the EU’s strength, as compared with other organisations, lies in its unique potential to mobilise the full range of political, economic, development and humanitarian instruments to support its civilian and military crisis management, missions and operations under the roof of a single political authority – the VP/HR – and that this comprehensive approach, whether through its ‘soft power’ or through more robust actions where necessary, gives it unique and widely appreciated flexibility and efficiency;

23.  Supports the creation of a Council of Defence Ministers to give defence the weight it deserves;

24.  Urges the heads of state and government, in view of the strategic importance of European defence and the scale of the challenges facing the Union, to revisit in December 2015 the progress made in implementing the December 2013 Council conclusions, on the basis of an implementation report by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy;

25.  Is deeply concerned about the political situation in Ukraine in the aftermath of the Vilnius Summit and calls on the Council to address it;

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

(1) Texts adopted, P7_TA(2013)0269. (2) Texts adopted, P7_TA(2013)0222. (3) Texts adopted, P7_TA(2013)0515.

European Parliament resolution of 12 December 2013 on constitutional problems of a multitier governance in the European Union (2012/2078(INI))

P7_TA(2013)0598 A7-0372/2013

The European Parliament,

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

–  having regard to the Treaty on the European Stability Mechanism (ESM)(1),