European Parliament decision to raise no objections to the draft Commission regulation amending Commission Regulation (EU) No 1178/2011 laying down technical requirements and administrative procedures related to civil aviation aircrew (D029683/02 – 2014/2500(RPS))

P7_TA(2014)0070 B7-0071/2014

The European Parliament,

–  having regard to the draft Commission regulation (D029683/02),

–  having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC(1), and in particular Article 7(5) and (6) thereof,

–  having regard to the opinion delivered on 18 October 2013 by the committee referred to in Article 65 of the above regulation,

–  having regard to the Commission’s letter of 16 January 2014 asking Parliament to declare that it will raise no objections to the draft regulation,

–  having regard to the letter from the Committee on Transport and Tourism to the Chair of the Conference of Committee Chairs of 21 January 2014,

–  having regard to Article 5a of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(2),

–  having regard to Rules 88(4)(d) and 87a(6) of its Rules of Procedure,

–  having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 87a(6) of its Rules of Procedure, which expired on 4 February 2014,

1.  Declares that it has no objections to the draft Commission regulation;

2.  Instructs its President to forward this decision to the Commission and, for information, to the Council.

(1) OJ L 79, 19.3.2008, p. 1. (2) OJ L 184, 17.7.1999, p.23.

European Parliament decision to raise no objections to the Commission delegated regulation of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (C(2013)9651 – 2014/2508(DEA))

P7_TA(2014)0071 B7-0086/2014

The European Parliament,

–  having regard to the Commission delegated regulation (C(2013)9651),

–  having regard to the Commission’s letter of 21 January 2014 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to Article 290 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Regulation (EC) No 1083/2006(1), in particular Article 5(3) thereof,

–  having regard to Rule 87a(6) of its Rules of Procedure,

–  having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 87a(6) of its Rules of Procedure, which expired on 4 February 2014,

A.  whereas it is important to ensure that the delegated regulation on the European code of conduct on partnership enters into force as soon as possible, given the urgent need for the code of conduct to apply to the ongoing preparation of the Partnership Agreements and programmes for the 2014-2020 period;

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 347, 20.12.2013, p. 320.

European Parliament legislative resolution of 5 February 2014 on the proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment (COM(2010)0379 – C7-0180/2010 – 2010/0210(COD))

P7_TA(2014)0072 A7-0428/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2010)0379),

–  having regard to Article 294(2) and points (a) and (b) of Article 79(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0180/2010),

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

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

–  having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, the Czech Senate, the Netherlands Senate, the Netherlands House of Representatives, the Austrian National Council and the Austrian Federal Council, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Economic and Social Committee of 4 May 2011(1),

–  having regard to the opinion of the Committee of the Regions of 31 March 2011(2),

–  having regard to the undertaking given by the Council representative by letter of 6 November 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Employment and Social Affairs and the Committee on Women's Rights and Gender Equality (A7-0428/2013),

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 5 February 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council on the conditions of entry and stay of third-country nationals for the purpose of employment as seasonal workers

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/36/EU.)

(1) OJ C 218, 23.7.2011, p. 97. (2) OJ C 166, 7.6.2011, p. 59.

European Parliament legislative resolution of 5 February 2014 on the proposal for a regulation of the European Parliament and of the Council repealing Council Regulation (EC) No 827/2004 prohibiting imports of Atlantic bigeye tuna (Thunnus obesus) originating in Bolivia, Cambodia, Equatorial Guinea, Georgia and Sierra Leone and repealing Regulation (EC) No 1036/2001 (COM(2013)0185 – C7-0091/2013 – 2013/0097(COD))

P7_TA(2014)0073 A7-0475/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0185),

–  having regard to Article 294(2) and Article 207(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0091/2013),

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

–  having regard to the undertaking given by the Council representative by letter of 22 January 2014 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on Fisheries (A7-0475/2013),

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 5 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council repealing Council Regulation (EC) No 827/2004 prohibiting imports of Atlantic bigeye tuna (Thunnus obesus) originating in Bolivia, Cambodia, Equatorial Guinea, Georgia and Sierra Leone and repealing Regulation (EC) No 1036/2001

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 249/2014.)

European Parliament legislative resolution of 5 February 2014 on the draft Council decision on the conclusion, on behalf of the European Union, of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Gabonese Republic (11871/2013 – C7-0484/2013 – 2013/0216(NLE))

P7_TA(2014)0074 A7-0049/2014

(Consent)

The European Parliament,

–  having regard to the draft Council decision (11871/2013),

–  having regard to the draft protocol setting out the fishing opportunities and the financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Gabonese Republic (11875/2013),

–  having regard to the request for consent submitted by the Council in accordance with Article 43 and Article 218(6), second subparagraph, point (a), and (7), of the Treaty on the Functioning of the European Union (C7-0484/2013),

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

–  having regard to its resolution of 25 October 2012 on the EU 2011 Report on Policy Coherence for Development(1),

–  having regard to the recommendation of the Committee on Fisheries and the opinions of the Committee on Development and the Committee on Budgets (A7-0049/2014),

1.  Consents to conclusion of the protocol;

2.  Calls on the Commission to forward to Parliament the minutes and the conclusions of the meetings of the Joint Committee provided for in Article 9 of the Agreement, as well as the multiannual sectoral programme provided for in Article 3 of the protocol and the corresponding annual evaluations, and the minutes and the conclusions of the meetings provided for in Article 4 of the protocol; calls on the Commission to facilitate the participation of representatives of Parliament as observers in the meetings of the Joint Committee; calls on the Commission to submit to Parliament and the Council, within the last year of application of the protocol and before the opening of negotiations for its renewal, a full report on its implementation, gauging the uptake of fishing opportunities and assessing the cost-effectiveness of the protocol; maintains that there should be no unnecessary restrictions on access to that report;

3.  Calls on the Council and the Commission, acting within the limits of their respective powers, to keep Parliament immediately and fully informed at all stages of the procedures related to the new protocol and its renewal, pursuant to Article 13(2) of the Treaty on European Union and Article 218(10) of the Treaty on the Functioning of the European Union;

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

(1) Texts adopted, P7_TA(2012)0399.

European Parliament legislative resolution of 5 February 2014 on the draft Council decision on relations between the European Union on the one hand, and Greenland and the Kingdom of Denmark on the other (12274/2013 – C7-0237/2013 – 2011/0410(CNS))

P7_TA(2014)0075 A7-0054/2014

(Special legislative procedure – consultation)

The European Parliament,

–  having regard to the draft Council decision (12274/2013),

–  having regard to Article 203 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7‑0237/2013),

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

–  having regard to the report of the Committee on Development (A7-0054/2014),

1.  Approves the draft Council decision 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.

Text proposed by the Council   Amendment Amendment 1 Proposal for a decision Recital 10 (10)  Union assistance should focus where it has more impact, having regard to its capacity to act on a global scale and respond to global challenges such as poverty eradication, sustainable and inclusive development or worldwide promotion of democracy, good governance, human rights and rule law, its long-term and predictable engagement in development assistance and its role in coordinating with its Member States. (10)  Union assistance should focus where it has more impact, having regard to its capacity to act on a global scale and respond to global challenges such as poverty eradication, sustainable and inclusive development and growth or worldwide promotion of democracy, good governance, human rights and rule law, its long-term and predictable engagement in development assistance and its role in coordinating with its Member States. Amendment 2 Proposal for a decision Recital 11 (11)  The EU-Greenland partnership should provide for a framework permitting regular discussions on matters of interest for the Union or Greenland, such as global issues, where an exchange of views, and a possible convergence of ideas and opinions, could be beneficial for both parties. The increasing impact of climate change on human activity and the environment, maritime transport, natural resources, including raw materials, as well as research and innovation, calls for dialogue and enhanced cooperation. (11)  The EU-Greenland partnership should provide for a framework permitting regular discussions on matters of interest for the Union or Greenland, such as global issues, where an exchange of views, and a possible convergence of ideas and opinions, could be beneficial for both parties. The increasing impact of climate change on human activity and the environment, maritime transport, natural resources, including raw materials, as well as education, research and innovation, calls for dialogue and enhanced cooperation. Amendment 3 Proposal for a decision Recital 11 a (new) (11a)  The Government of Greenland should prepare and submit a Programming Document for the Sustainable Development of Greenland. That document should be prepared, implemented and assessed on the basis of a transparent and participative approach. Amendment 4 Proposal for a decision Recital 13 (13)  The Union's financial support for the period 2014-2020, should be focused on one, or a maximum of two areas of cooperation, allowing for the partnership, to maximise the impact and further allow for economies of scale, synergy effects, greater effectiveness and visibility for the Union's action. (13)  The Union's financial support for the period 2014-2020, should be focused on a reduced number of areas of cooperation, allowing for the partnership, to maximise the impact and further allow for economies of scale, synergy effects, greater effectiveness and visibility for the Union's action. Amendment 5 Proposal for a decision Recital 13 a (new) (13a)  Any cooperation in the area of exploration, extraction and exploitation of Greenland natural resources, in particular minerals, oil and gas, should observe the highest safety, social and environmental standards and strict environmental management criteria in order to guarantee a sustainable use of resources and preserve the valuable though fragile ecosystem of the Arctic. Amendment 6 Proposal for a decision Recital 17 (17)  The programming documents and financing measures necessary for the implementation of this Decision should be adopted in accordance with Regulation No 182/2011 of 16 February 2011 of the European Parliament and the Council laying down the rules and general principles concerning the mechanisms of control by Member States of the Commission's exercise of implementing powers5 . Taking into account the nature of those implementing acts, in particular their policy orientation nature or their financial implications, the examiniation procedure should in principle be used for their adoption, except for technical implementing measures of a small financial scale. deleted __________________ 5 OJ L 55, 28.02.2011, p. 13 - 18. Amendment 7 Proposal for a decision Recital 17 a (new) (17a)  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 for the adoption of programming documents and financing measures necessary for the implementation of this Decision. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should further ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. Amendment 8 Proposal for a decision Article 1 – paragraph 2 2.  It acknowledges the geostrategic position of Greenland in the Arctic Region, the issues of exploration and exploitation of natural resources, including raw materials, and ensures enhanced cooperation and policy dialogue on these issues. 2.  It acknowledges the geostrategic position of Greenland in the Arctic Region and ensures enhanced cooperation and policy dialogue on issues of common interest to both parties. Amendment 9 Proposal for a decision Article 2 – paragraph 2 – indent 1 –  Global issues such as energy, climate change and environment, natural resources, including raw materials, maritime transport, research and innovation. –  Global issues such as energy, climate change and environment, biodiversity, natural resources, including raw materials, maritime transport, research and innovation. Amendment 10 Proposal for a decision Article 2 – paragraph 2 – indent 2 –  Arctic issues. –  Arctic issues, including the participation of the European Union as a permanent observer in the Arctic Council Amendment 11 Proposal for a decision Article 3 – paragraph 1 – point a (a)  To support and cooperate with Greenland in addressing its major challenges in particular the sustainable diversification of the economy, the need to increase the skills of its labour force, including scientists, and the need to improve the Greenlandic information systems in the field of Information and Communication Technologies. The achievement of these objectives shall be measured by the percentage of trade balance in GDP, the percentage of the fisheries sector in total exports, and the results of education statistical indicators as well as other indicators deemed suitable. (a)  To support and cooperate with Greenland in addressing its major challenges in particular the sustainable development and diversification of the economy, the need to increase the skills of its labour force, including scientists, and the need to improve the Greenlandic information systems in the field of Information and Communication Technologies. The achievement of these objectives shall be measured by the percentage of trade balance in GDP, the percentage of the fisheries sector in total exports, and the results of education statistical indicators as well as other indicators deemed suitable. Amendment 12 Proposal for a decision Article 3 – paragraph 1 – point a (a)  To support and cooperate with Greenland in addressing its major challenges in particular the sustainable diversification of the economy, the need to increase the skills of its labour force, including scientists, and the need to improve the Greenlandic information systems in the field of Information and Communication Technologies. The achievement of these objectives shall be measured by the percentage of trade balance in GDP, the percentage of the fisheries sector in total exports, and the results of education statistical indicators as well as other indicators deemed suitable. (a)  To support and cooperate with Greenland in addressing its major challenges in particular the sustainable diversification of the economy, the need to increase the skills of its labour force, including in the area of mining and science, and the need to improve the Greenlandic information systems in the field of Information and Communication Technologies. The achievement of these objectives shall be measured by the percentage of trade balance in GDP, the percentage of the fisheries sector in total exports, and the results of education statistical indicators as well as other indicators deemed suitable. Amendment 13 Proposal for a decision Article 3 – paragraph 2 – point c (c)  energy, climate, environment and biodiversity; (c)  energy, climate change, environment and biodiversity; Amendment 14 Proposal for a decision Article 4 – paragraph 4 – subparagraph 1 PDSD shall be based on consultations and dialogue with civil society, local authorities and other stakeholders and shall draw on lessons learned and best practices, to ensure sufficient ownership of the PDSD. The PDSD shall be based on consultations and dialogue with the Greenlandic civil society, social partners, Parliament, local authorities and other stakeholders and shall draw on lessons learned and best practices, to ensure sufficient ownership of the PDSD. Amendment 15 Proposal for a decision Article 4 – paragraph 6 6.  The PDSD shall be approved in accordance with the examination procedure provided for in Article 9 (2). This procedure shall also apply to substantial reviews which have the effect of modifying significantly the strategy or its programming. It shall not apply to non-substantial modifications to the PDSD making technical adjustments, reassigning funds within the indicative allocations per priority area, or increasing or decreasing the size of the initial indicative allocation by less than 20%, provided that these modifications do not affect the priority areas and objectives set out in the PDSD. In such case, adjustments shall be communicated to the European Parliament and the Council within one month. 6.  The PDSD shall be approved by means of delegated acts in accordance with the procedure laid down, respectively, in Articles 9a and 9b. This procedure shall also apply to substantial reviews which have the effect of modifying significantly the strategy or its programming. It shall not apply to non-substantial modifications to the PDSD making technical adjustments, reassigning funds within the indicative allocations per priority area, or increasing or decreasing the size of the initial indicative allocation by less than 20%, provided that these modifications do not affect the priority areas and objectives set out in the PDSD. In such case, adjustments shall be communicated to the European Parliament and the Council within one month. Amendment 16 Proposal for a decision Article 7 – paragraph 1 1.  By 31 December 2017, the European Commission, the Government of Greenland and the Government of Denmark shall undertake a mid-term review of the PDSD and its' impact on Greenland as a whole. The Commission shall associate all relevant stakeholders, including non-State actors and local authorities. 1.  By 31 December 2017, the European Commission, the Government of Greenland and the Government of Denmark shall undertake a mid-term review of the PDSD and its' impact on Greenland as a whole. The Commission shall associate all relevant stakeholders referred to in Article 4(4). Amendment 17 Proposal for a decision Article 8 – paragraph 1 a (new) 1a.  Should the Government of Greenland decide to include in the PDSD a request for the Union's financial assistance in the area of education and training, such assistance shall duly take into account the need to contribute to Greenland's efforts to strengthen capacity building in that area and to provide technical support. Amendment 18 Proposal for a decision Article 9 a (new) Article 9a Delegation of power to the Commission The Commission shall be empowered to adopt a delegated act in accordance with Article 9b for approval of the PDSD. Amendment 19 Proposal for a decision Article 9 b (new) Article 9b 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 9a shall be conferred for the period of validity of this Decision. 3.  The delegation of power referred to in Article 9a may be revoked at any time by the Council. Where the Council has commenced an internal procedure for deciding whether to revoke the delegation of power, it shall endeavour to inform the European Parliament and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation. A decision to revoke shall put an end to the delegation of 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 9b shall enter into force only if no objection has been expressed by the Council within a period of two months of notification of the act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by two months at the initiative of the Council. If it intends to object, the Council shall endeavour to inform the European Parliament within a reasonable time before it takes the final decision, indicating the delegated act to which it intends to object and the possible reasons for the objection. Amendment 20 Proposal for a decision Article 10 Article 10 deleted Committee procedure 1.  The European Commission shall be assisted by the Greenland Committee, hereinafter referred to as ‘the Committee’. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3.  Where the opinion of the committee is to be obtained by written procedure, the procedure shall be terminated without result when, within the time limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so requests. Amendment 21 Proposal for a decision Article 11 The indicative amount for the implementation of this Decision for the period from 2014 to 2020 shall be EUR [217,8 million.]6 In the light of the long-standing and special relationship between the EU and Greenland and the increasing global importance of the Arctic, the continuation of the EU's financial commitment towards Greenland is confirmed. The indicative amount for the implementation of this Decision for the period from 2014 to 2020 shall therefore be EUR 217,8 million. __________________ 6 All reference amounts will be entered after the conclusion of negotiations regarding the Multiannual Framework (2014-2020)

European Parliament resolution of 5 February 2014 on the insurance of natural and man-made disasters (2013/2174(INI))

P7_TA(2014)0076 A7-0005/2014

The European Parliament,

–  having regard to the Commission Green Paper of 16 April 2013 on the insurance of natural and man-made disasters (COM(2013)0213),

–  having regard to the Commission communication of 16 April 2013 entitled ‘An EU Strategy on adaptation to climate change’ (COM(2013)0216),

–  having regard to the public consultation organised by the Commission on the Green Paper from 16 April 2013 to 15 July 2013,

–  having regard to the European Environment Agency Report No 12/2012 entitled ‘Climate change, impacts and vulnerability in Europe 2012, An indicator-based report’,

–  having regard to the European Commission JRC report of September 2012 entitled ‘Natural Catastrophes: Risk relevance and Insurance Coverage in the EU’,

–  having regard to Article 5 of the Treaty on European Union,

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

–  having regard to the report of the Committee on Economic and Monetary Affairs (A7-0005/2014),

A.  whereas the penetration rate, which measures the percentage of global insurance premiums over a country’s GDP, varies among Member States, and whereas the extent of the economic losses related to weather events is not characterised by equal rates among Member States;

B.  whereas the unequal degree of penetration in the Member States, conditioned by legal, geophysical, historical and cultural differences resulting in the varying levels of demand, can be seen as necessitating action at European level, at most in the field of information and prevention policy;

C.  whereas the situation in the EU insurance market is heterogeneous because Member States are exposed to different risks and natural catastrophes and the predictability of a natural catastrophe depends on different factors (meteorological, hydrological, geophysical, etc.);

D.  whereas between 1980 and 2011 a small number of big events gave rise to about half of all costs related to weather events; whereas natural and man-made disasters are a financial risk wherever they happen;

E.  whereas storm surges, forest fires, river floods and flash floods are among the main natural catastrophe risks faced by Europe and, even if their incidence is increasing rapidly, it is still impossible to estimate their increasing effects in terms of damage and costs;

F.  whereas citizens are often not aware of the various risks potentially arising from weather events, or else both as individuals and communities tend to underestimate the risks of natural catastrophes as well as the consequences of lack of preparation;

G.  whereas on the one hand natural catastrophes depend on meteorological and geographical elements, while on the other man-made disasters are due to incorrect behaviour or bad risk management;

H.  whereas the consequences of certain natural disasters are in some cases amplified by the lack of adequate precautionary measures by governments, local authorities and citizens;

I.  whereas, with regard to man-made disasters, the observance and optimisation of safety rules is very important for the purposes of accident prevention;

J.  whereas the market in natural catastrophe insurance is affected by the extent of preventive measures in the form of adaptation to climate change (e.g. creation of flood defences or fast detection and reaction capacities against forest fires), while the market in man-made disaster insurance aims to meet liability requirements imposed by safety standards, which means that it is inappropriate to treat property damage and liability insurance in the same way;

Prevention and information

1.  Considers that prevention is the most important factor in terms of protecting people and avoiding losses caused by unexpected events; notes the role of the EU in developing a more responsible society which gives enough thought to precautionary measures and creating a culture of prevention enhancing citizens’ awareness of both natural and man-made risks;

2.  Believes that more research may yield a detailed framework of different situations with regard to understanding and preventing environmental risks and reducing uncertainty in this field; welcomes partnerships between insurance companies and research institutes aimed at pooling resources, skills and risk expertise in order to better understand the issues involved, thus preparing citizens and their communities so that they are better able to face risks related to natural catastrophes;

3.  Believes that information is crucial for the prevention and mitigation of such disasters; calls therefore for closer cooperation between Member States and the private sector in order to provide citizens with relevant information relating to the risks that they face;

4.  Takes the view that the EU and national authorities can provide visible added value by supporting responsible individual behaviour and by sharing best practices on risk prevention and mitigation amongst Member States and regionally, and welcomes the support of campaigns aimed at improving citizens’ awareness of the risks of natural catastrophes and knowledge of geography and climate;

5.  Points out that the involvement of local authorities and stakeholders in decisions concerning city planning and urban development could improve natural catastrophe management; believes that closer cooperation between public and private sectors could help Member States and local authorities to identify high-risk areas, decide on preventive measures and prepare for coordinated action;

6.  Calls for Member States and public authorities to take adequate preventive measures in order to mitigate the consequences of natural disasters; invites governments to create and maintain crisis response units in order to mitigate the consequences of such crises;

7.  Invites the Member States to share best practices and experiences with a view to protecting citizens from unexpected events and developing a network for information exchange, and to agree on cross-border coordination and management;

Insurance market

8.  Welcomes the Commission’s efforts to raise awareness regarding disasters, but emphasises that natural and man-made disasters need different types of insurance and are covered by two different insurance markets, and therefore cannot be treated together even if there are cases of man-made decisions aggravating exposure to a natural catastrophe risk;

9.  Underlines that the EU should not create overlapping and contradicting liability rules; points out that in most Member States there is some form of insurance-based system for floods and other natural damage; notes that the system can be supplemented with state funds to compensate for those assets which cannot be privately insured, and that state funds may also compensate for insurance claims exceeding the maximum amounts or for otherwise exceptionally heavy damage; further takes the view that a Member State may participate in compensation for damage by providing reinsurance; considers, however, that these systems differ in many respects, and it is not prudent or necessary to unify them;

10.  Notes that Regulation (EC) No 2012/2002 establishing the European Union Solidarity Fund is the basis for Community action in cases of major disasters and that the Regulation clearly states: ‘Community action should not relieve third parties of their responsibility who, under the “polluter-pays” principle, are liable in the first instance for the damage caused by them, or discourage preventive measures at both Member State and Community level’;

11.  Encourages the Commission to guarantee easy access to relevant information, including through comparative statistics, and the Member States to publish clear and precise data to support decision-making by consumers, communities and companies when taking out natural catastrophe insurance; considers that the introduction of standard formats based on different classifications of events could be useful;

12.  Recalls that natural catastrophes affect both private households and business activities, and encourages insurance companies to take risk-based pricing as a central approach to disaster insurance; .invites Member States to propose incentives to encourage citizens to protect themselves and insure their property against damage, and incentives responding to insurance needs in terms of environmental liability, e.g. for enterprises in mining or in the gas, chemical or nuclear sectors;

13.  Invites insurance companies to clarify contracts for consumers and to provide information on available options and their impact on the price of cover, in order to ensure adequate consumer choice; invites insurance companies to provide clear and comprehensible information for clients and prospective clients;

14.  Recognises the need for consumers to understand what type of coverage they have and how it would operate when risks materialise; points out that consumers need to be fully informed of all terms and conditions, including the procedures for withdrawal from a contract and for making complaints and the deadlines applicable in such procedures, when buying insurance products and before signing a contract; considers that risk-based pricing should be central to the availability of insurance coverage; believes that the protection of consumers must be a concern of the EU and the Member States;

Non-mandatory insurance

15.  Recalls that in the end it is the state or the regional authorities that bear much of the indirect or direct cost burden for damage, be the causes natural or man-made, and suggests that Member States and regional authorities should recognise the importance of risk prevention and should make it a pillar of investment strategy, since it is more efficient to minimise the consequences of disasters instead of just providing cover and repairing damage afterwards;

16.  Underlines the risk of moral hazard if citizens assume that their government will be using public resources from the national budget to cover their losses; is therefore critical of actions and measures which may discourage citizens or communities from taking measures to protect themselves; is of the opinion that citizens should carry their share of responsibility and that compensation should not cover all damage;

17.  Recalls that individual responsibility in this sector has to be maintained, and is aware of the efforts made by Member States to combine the promotion of individual responsibility with intervention by government;

18.  Concludes that there is no market distortion in this field to justify intervention at European level, and does not think that a one-size-fits-all solution would be feasible for this issue; recalls that tailor-made insurance products depend on many elements, such as type of risks, their probable quantity and quality, culture of prevention, the state of preparedness and capacity for action and the approach taken by Member States and regional authorities concerning risk monitoring and preparation;

19.  Considers that a flexible natural catastrophe insurance market allows insurance companies to adapt products to different conditions, and believes that a non-mandatory framework is the best way to develop products that match with natural risks in a given geographical area;

o
o   o

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

European Parliament decision of 5 February 2014 on the proposal of the European Central Bank for the appointment of the Vice-Chair of the Supervisory Board of the European Central Bank (N7-0003/2014 – C7-0017/2014 – 2014/0900(NLE))

P7_TA(2014)0077 A7-0086/2014

(Approval)

The European Parliament,

–  having regard to the proposal of the European Central Bank of 22 January 2014 for the appointment of the Vice-Chair of the Supervisory Board of the European Central Bank (N7-0003/2014),

–  having regard to Article 26(3) of Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions(1),

–  having regard to the Interinstitutional Agreement between the European Parliament and the European Central Bank on the practical modalities of the exercise of democratic accountability and oversight over the exercise of the tasks conferred on the ECB within the framework of the Single Supervisory Mechanism(2),

–  having regard to its Rules of Procedure,

–  having regard to the report of the Committee on Economic and Monetary Affairs (A7-0086/2014),

A.  whereas Article 26(3) of Regulation (EU) No 1024/2013 provides that the European Central Bank (ECB) is to submit to Parliament its proposal for the appointment of the Vice-Chair of its Supervisory Board and that the Vice-Chair is to be chosen from among the members of the Executive Board of the ECB;

B.  whereas Article 26(2) of Regulation (EU) No 1024/2013 provides that appointments to the Supervisory Board in accordance with that Regulation are to respect the principles of gender balance, experience and qualification;

C.  whereas, on 21 January 2014, the European Council appointed Sabine Lautenschläger as member of the Executive Board of the ECB in accordance with Article 283(2) of the Treaty on the Functioning of the European Union;

D.  whereas, by letter of 22 January 2014, the ECB submitted to Parliament a proposal for the appointment of Sabine Lautenschläger as the Vice-Chair of the Supervisory Board of the ECB for a term of office of five years;

E.  whereas Parliament’s Committee on Economic and Monetary Affairs then proceeded to evaluate the credentials of the proposed candidate, in particular in view of the requirements laid down in Article 26(2) and (3) of Regulation (EU) No 1024/2013; whereas in carrying out that evaluation, the Committee received a curriculum vitae from the proposed candidate as well as her replies to a written questionnaire;

F.  whereas the Committee held a hearing with the proposed candidate on 3 February 2014, at which she made an opening statement and then responded to questions from the members of the Committee;

1.  Approves the ECB's proposal for the appointment of Sabine Lautenschläger as Vice-Chair of the Supervisory Board of the ECB;

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

(1) OJ L 287, 29.10.2013, p. 63. (2) OJ L 320, 30.11.2013, p. 1.

European Parliament legislative resolution of 5 February 2014 on the draft Council decision on the conclusion of an Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws (12418/2012 – C7-0146/2013 – 2012/0127(NLE))

P7_TA(2014)0078 A7-0060/2014

(Consent)

The European Parliament,

–  having regard to the draft Council decision (12418/2012),

–  having regard to the draft agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws (12513/2012),

–  having regard to the request for consent submitted by the Council in accordance with Articles 103 and 352, in conjunction with Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7‑0146/2013),

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

–  having regard to the recommendation of the Committee on Economic and Monetary Affairs and the opinion of the Committee on International Trade (A7-0060/2014),

1.  Consents to conclusion of the agreement;

2.  Reminds the Council that, should it amend its draft decision, the consent of the European Parliament will have to be requested anew;

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

European Parliament resolution of 5 February 2014 on EU cooperation agreements on competition policy enforcement – the way forward (2013/2921(RSP))

P7_TA(2014)0079 B7-0088/2014

The European Parliament,

–  having regard to the proposal for a Council decision on the conclusion of an Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws (COM(2012)0245),

–  having regard to the agreement of 17 May 2013 between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws (12418/2012),

–  having regard to the request for consent submitted by the Council in accordance with Articles 103 and 352, in conjunction with Article 218(6)(a)(v), of the Treaty on the Functioning of the European Union (C7-0146/2013),

–  having regard to the question for oral answer to the Commission on EU cooperation agreements on competition policy enforcement – the way forward (O-000022/2014 – B7‑0105/2014),

–  having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

1.  Welcomes the proposed agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws (hereinafter ‘the agreement’); views in a very positive way such cooperation agreements aimed at the enforcement of competition rules in an increasingly globalised economic environment in which cartels operate across borders and mergers often implicate several jurisdictions;

2.  Believes that such an agreement with Switzerland is necessary, considering Switzerland’s strategic geographic location for the EU, the presence of many EU companies in Switzerland and vice versa, and the number of parallel investigations conducted by both jurisdictions in the recent past; believes, furthermore, that implementation of the agreement will be facilitated given the high degree of compatibility of EU and Swiss substantive competition rules; hopes that the prosecution of international cartels and punishment for cross-border offences of a serious nature will be more effective under this agreement; hopes, also, that duplication of the work of the competition authorities in taking decisions on similar cases, as well as the risk of diverging assessments in both jurisdictions, will be reduced; calls on the European Commission and the Swiss Competition Commission to remain strongly determined to fight cartels, given that they are detrimental to consumer welfare and innovation, and have a negative impact on the competitiveness of both economies;

3.  Regrets, however, that the agreement does not establish binding obligations as regards cooperation and leaves a broad margin for discretion, in particular by virtue of the reference to ‘important interests’, which can be invoked by either party as a justification for not complying with a request made by the other party; calls on the Commission and the Swiss authorities to cooperate sincerely; calls also on EU national competition authorities and the Swiss Competition Commission to cooperate reciprocally;

4.  Highlights the importance of ensuring that the procedural guarantees given to the parties in their respective legal systems are respected; calls for the establishment of safe mechanisms for the use and transmission of confidential information; calls on the Commission to ensure the attractiveness of leniency programmes and settlement procedures, taking into account the general principle governing the exchange of confidential information enshrined in this agreement; stresses, therefore, the importance of protecting documents relating to leniency applications or settlement procedures, in particular from potential future disclosure in the context of civil or criminal proceedings, in order to provide leniency applicants and parties to a settlement procedure with a guarantee that those documents will not be transmitted or used without their prior consent; emphasises that the protection of personal data and business secrecy must be fully guaranteed;

5.  Notes that a coherent approach to appeals against final decisions in both jurisdictions would be desirable and calls on the European Commission and the Swiss Competition Commission to examine this potential area of further cooperation; notes, however, that allowing the parties to appeal against intermediate decisions, such as those on the exchange of information, would block investigations and could compromise the effectiveness of this agreement;

6.  Calls on the Member States and their national competition authorities to cooperate fully with the Commission in order to ensure the effective implementation of this agreement; considers it essential to monitor carefully the implementation of this agreement in order to learn from the experience, and to test any potentially problematic issues; calls on the Commission, in this connection, to conduct such monitoring;

7.  Notes, however, that the progress made as regards cooperation on the application of Swiss and EU competition laws should not conceal the urgent need for a comprehensive institutional agreement between Switzerland and the EU guaranteeing the uniform interpretation, monitoring and application of their bilateral agreements; calls on the Commission, in this connection, to rapidly conclude and submit to Parliament a comprehensive institutional agreement between Switzerland and the EU in order to ensure the effectiveness of this agreement;

8.  Regards the main new provision introduced by this kind of ‘second-generation agreement’, i.e. the possibility for the Commission and the Swiss Competition Commission to exchange confidential information, as a positive step; believes that this agreement could be considered a model for future bilateral cooperation agreements in the area of competition enforcement where there is a high degree of similarity between the parties to the agreement as regards their substantive competition rules, investigative powers and applicable sanctions; is of the opinion that the EU should adopt a general framework establishing a minimum common and consistent basis for any future negotiations on competition enforcement cooperation, leaving to the Commission, however, a margin for manoeuvre to allow for more ambitious achievements on a case‑by‑case basis; notes that this framework should include rules on secure channels for transmitting confidential information;

9.  Calls on the Commission to actively promote competition enforcement cooperation at international level, mainly in multilateral fora such as the World Trade Organisation (WTO), the International Competition Network (ICN) and the Organisation for Economic Cooperation and Development (OECD); believes that this would be the most effective means of cooperation, as investigations often involve many jurisdictions in which bilateral agreements do not exist between all parties, or have different terms where they do exist; calls on the OECD and the ICN to develop tools to foster multilateral cooperation and to maintain up-to-date guidelines on best practices;

10.  Notes that while multilateral cooperation is not fully operational the Council and the Commission should promote this type of bilateral agreement; encourages the Commission to explore the possibility of opening similar negotiations with the countries with whom a first-generation agreement already exists, as well as with other important international actors and emerging economies such as China or India, in the case where a sufficient degree of similarity between the parties to the agreement as regards their substantive competition rules, investigative powers and applicable sanctions is present; supports, with regard to China, stepping up cooperation further on the basis of the EU‑China Memorandum of Understanding (MoU) on cooperation in the area of anti‑monopoly law of 20 September 2012, and calls for the inclusion of this issue in the negotiations on the bilateral investment treaty so as to protect better the rights of EU companies; stresses that a strategy to achieve convergence in global antitrust enforcement should provide for the development of effective means to ensure that competition law in third countries is not used to disguise industrial policy objectives;

11.  Welcomes, in this context, the MoU on cooperation on competition enforcement activities with India of 21 November 2013 and the ongoing negotiation of a second‑generation bilateral agreement with Canada, as well as the negotiation of provisions on competition cooperation in the Free Trade Agreement (FTA) with Japan; stresses that while MoU or FTA provisions are a good first step as regards cooperation, it is essential to move towards a more sophisticated, binding type of cooperation in the long term, as international cartels and cases of infringement of competition rules are occurring more and more on a global scale;

12.  Calls on the Commission and the Council to give greater priority to strengthening the competition policy section in FTAs;

13.  Notes, however, that sufficient similarity between the competition law regimes involved is essential; notes also that it must be ensured that information transmitted by the EU cannot be used to impose custodial sanctions on natural persons, as long as this is the policy in place at EU level;

14.  Calls on the Commission to regularly inform and update Parliament on all the types of activities in which it engages in the field of international cooperation, whether they be multilateral or bilateral initiatives of different kinds (formal agreements, MoUs, etc.), well in advance of the final outcome, with particular regard at present to the ongoing negotiations on the bilateral agreement with Canada; requests that these types of activities be included in the annual work programme presented by the Commissioner for Competition to Parliament and that the commissioner regularly inform the chair of the responsible parliamentary committee by letter of the evolution of international cooperation on competition enforcement;

15.  Calls on the Commission, in view of future negotiations on competition agreements, to provide more comprehensive and information on a more frequent basis to Parliament;

16.  Instructs its President to forward this resolution to the Council, the Commission, the national competition authorities, the Swiss Competition Commission, the WTO, the OECD and the ICN.

European Parliament legislative resolution of 5 February 2014 on the draft Council decision authorising Member States to ratify, in the interests of the European Union, the Arms Trade Treaty (12178/2013 – C7-0233/2013 – 2013/0225(NLE))

P7_TA(2014)0080 A7-0041/2014

(Consent)

The European Parliament,

–  having regard to the draft Council decision (12178/2013),

–  having regard to the request for consent submitted by the Council in accordance with Articles 114 and  207(3) and Article 218(6), second subparagraph, point (a) (v), of the Treaty on the Functioning of the European Union (C7‑0233/2013),

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

–  having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Foreign Affairs (A7-0041/2014),

1.  Consents to the draft Council decision;

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

European Parliament resolution of 5 February 2014 on the ratification of the Arms Trade Treaty (ATT) (2014/2534(RSP))

P7_TA(2014)0081 B7-0075/2014

The European Parliament,

–  having regard to the Arms Trade Treaty (ATT) adopted by the UN General Assembly on 2 April 2013,

–  having regard to Council Decision 2010/336/CFSP of 14 June 2010(1) and previous Council decisions on EU activities in support of the Arms Trade Treaty and to the draft Council decision authorising Member States to ratify, in the interests of the European Union, the Arms Trade Treaty (12178/2013),

–  having regard to Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons(2),

–  having regard to Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community(3),

–  having regard to Regulation (EU) No 258/2012 of the European Parliament and of the Council of 14 March 2012 implementing Article 10 of the United Nations Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against Transnational Organised Crime (UN Firearms Protocol), and establishing export authorisation, and import and transit measures for firearms, their parts and components and ammunition(4),

–  having regard to Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing the control of exports of military technology and equipment(5),

–  having regard to its resolutions of 21 June 2007 on an arms trade treaty: establishment of common international standards for the import, export and transfer of conventional weapons(6), of 13 June 2012 on the negotiations on the UN Arms Trade Treaty (ATT)(7), and of 13 March 2008 on the EU Code of Conduct on Arms Exports – failure of the Council to adopt the Common Position and transform the Code into a legally binding instrument(8),

–  having regard to Articles 21 and 34 of the Treaty on European Union,

–  having regard to Articles 3, 4 and 5 of the Treaty on the Functioning of the European Union,

–  having regard to the request for consent submitted by the Council in accordance with Articles 207(3) and 218(6) of the Treaty on the Functioning of the European Union (C7‑0233/2013),

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

A.  whereas the international trade in conventional weapons is a business handling at least USD 70 billion per year and whereas according to UN calculations almost one million of the eight million weapons manufactured daily worldwide are lost or stolen, ending up usually in the wrong hands, and whereas one person in the world dies every minute as a result of armed violence;

B.  whereas, according to the Stockholm International Peace Research Institute, the EU as a whole accounts for 26 % of the world’s arms exports and whereas 61 % of these exports go outside the EU;

C.  whereas since the adoption of Directive 2009/43/EC a common EU global licensing system governs trade in military equipment within the EU, and whereas the EU is competent to conclude international agreements on areas that fall within its exclusive competence;

D.  whereas the Council Common Position of 2008 lays down four binding criteria that can lead to the denial of export licences and four other criteria that need to be taken into consideration; whereas these criteria are without prejudice to more restrictive arms control measures by Member States;

E.  whereas respect for human rights constitutes the cornerstone of the common values on which the European Union is built, and whereas according to the Treaties trade policy as part of the EU’s external action should contribute to respect for human rights;

F.  whereas arms exports have an impact not only on security but also on research and development, innovation and industrial capacity, bilateral and plurilateral trade, and sustainable development; whereas instability created by increased availability of arms often leads to economic slowdown and poverty; whereas trade in arms, especially with developing countries, often leads to corruption and over-indebtedness and extracts important resources for development from their societies; whereas international trade can only live up to its potential of providing sustainable jobs, growth and development in a climate of international good governance, if not full peace, security and stability;

General considerations

1.  Welcomes the conclusion under the auspices of the United Nations of a legally binding Arms Trade Treaty on international trade in conventional arms after seven years of long negotiations; recalls that the Treaty aims to establish the highest possible common international standards for regulating the international trade in conventional arms, and to prevent and eradicate the illicit trade in conventional arms for the purpose of contributing to international and regional peace, security and stability and the reduction of human suffering; believes that the effective implementation of the Treaty may significantly contribute to enhancing respect for international human rights and humanitarian law worldwide; welcomes the substantial contribution of civil society organisations from the inception to the adoption of the Arms Trade Treaty;

2.  Stresses that the long-term success of the ATT regime depends on the participation of as many countries as possible, including and in particular all major actors in the international trade in arms; welcomes the fact that the majority of UN member states have already signed the Treaty and urges others to follow suit and to ratify it as soon as possible; calls on the European External Action Service (EEAS) to add to its foreign affairs objectives, as well as topics to be included in bilateral agreements, an invitation for third countries to join the ATT;

3.  Notes that some trade agreements include clauses which promote non-proliferation objectives and agreements with regard to weapons of mass destruction and calls, therefore, on the Commission to explore to what extent current and future trade instruments can be used to promote ratification and implementation of the ATT;

4.  Underlines the fact that unlawful or unregulated arms transfers cause human suffering and fuel armed conflict, instability, terrorist attacks and corruption – with their corollary of undermined socio-economic development – and violations of democracy and the rule of law, human rights law and international humanitarian law;

Scope

5.  Considers it regrettable that the Treaty does not introduce a common and precise definition of conventional weapons and only applies to the eight arms categories laid down in Article 2(1), and regrets the absence of a list describing the specific types of weapons included within each of these categories; welcomes, however, the use of broad categories to determine which types of weapons are concerned; is particularly satisfied about the inclusion of small arms, light weapons, ammunition/munitions, parts and components; calls on the States Parties to understand each category in its widest sense within their national legislation; regrets that the trade in weaponised remotely piloted air systems (drones) is not included in the scope of the Treaty;

6.  Regrets that technical assistance including repairs, maintenance and development, all of which has been incorporated into EU legislation on the matter, remains outside the scope of the Treaty;

7.  Calls on the Member States to clarify that the term ‘transfer’ referred to in Article 2(2) of the Treaty applies to gifts, loans and leases and all other forms of transfer and that these activities therefore fall under the scope of this Treaty;

8.  Calls on the States Parties, with regard to export controls and the application of Article 6 (Prohibitions) and Article7 (1a-iv) (Export and Export Assessment) of the ATT, to pay greater attention to goods which may be used for both civilian and military purposes, such as surveillance technology, and similarly to spare parts and products suitable for use in cyber warfare or for non-lethal human rights abuses, and suggests exploring the possibility of extending the scope of the ATT to include arms exports-related services and dual-use goods and technology;

9.  Welcomes the provisions aimed at preventing the diversion of arms; notes, however, that extensive leeway is left to States Parties in determining the level of risk of arms diversion; regrets the fact that munitions and parts and components are not explicitly covered by the provisions concerned, and calls on the States Parties to remedy this in their national laws, and particularly those that are EU Member States, in accordance with the Council Common Position of 2008;

10.  Recognises the importance of the arms industry for growth and innovation, in addition to its fundamental role of supplying vital capabilities; recalls states’ legitimate interest in acquiring conventional arms, exercising their right to self-defence and producing exporting, importing and transferring conventional arms; recalls also that it is in the best interest of States Parties to ensure that the arms industry complies with international law and binding arms control regimes, so as to preserve and protect the fundamental principles of democracy, the rule of law, human rights and humanitarian law, and to promote conflict prevention and conflict resolution;

11.  Calls on the Commission and the European External Action Service to help develop binding codes of conduct for private actors involved in the trade in military goods, in line with the UN Guiding Principles on Business and Human Rights; strongly encourages the European arms industry to contribute to implementation support efforts in an open and transparent manner, including where appropriate through public-private partnerships, and to foster compliance, in particular with strengthened accountability obligations and the obligation deriving from the responsibility of preventing illegal arms transfers;

Criteria and international standards

12.  Underlines the importance of the obligation imposed by the Treaty on the States Parties to put in place a national control system for arms transfers (export, import, transit, transhipment and brokering);

13.  Welcomes, in particular, the prohibition on all transfers where the state has knowledge at the time of authorisation that the arms are to be used to commit genocide, crimes against humanity or war crimes;

14.  Welcomes the fact that, in a manner broadly consistent with various regional transfer control agreements and instruments, including the Council Common Position of 2008, arms transfers may not be authorised if States Parties consider that there is an overriding risk that the weapons will undermine peace and security or may be used to: (1) violate humanitarian law, (2) violate human rights law, (3) commit organised crime or (4) commit terrorism; encourages all States Parties to develop elaborative guidance so that these criteria are applied with due rigour and consistency;

15.  Calls on the Commission and the Council to ensure more coherence between different European instruments regulating the movement (exports, transfer, brokering and transit) of weapons and strategic items, such as the Council Common Position of 2008, the dual-use Regulation (EC) No 428/2009, Regulation (EU) No 258/2012 on Article 10 of the Firearms Protocol and targeted measures pursuant to Article 218 of the Treaty, in terms of the institutional set-up at the EU level and implementation mechanisms, in order to avoid legal confusion and excessive additional costs for relevant EU economic operators;

16.  Welcomes the requirement that States Parties take into account the risk of the weapons to be transferred being used to commit or facilitate serious acts of gender-based violence or serious acts of violence against women and children in the licence decision-making process;

Implementation and reporting

17.  Stresses the importance of effective and credible implementation of the Treaty, with a clear definition of States Parties’ responsibilities; remarks, in this connection, that a large margin of interpretation is left to the States Parties;

18.  Draws attention to the fact that there is no obligation to assess the existence of tensions or armed conflicts in the country of destination, nor to take account of its level of development;

19.  Points out that the States Parties are required to report annually on their exports and imports of conventional arms; strongly calls for the relevant reports to be made publicly available as a rule; calls on the Member States, accordingly, to commit to transparency and publicly disclose their annual reports on arms transfers, without waiting for a universal acceptance of the principle;

20.  Believes that full transparency depends to a large extent on accountability to parliaments, citizens and civil society organisations, and calls for the establishment of transparency mechanisms which will enable such citizens and organisations to be involved in order to hold their authorities accountable;

21.  Emphasises the important role of national parliaments, NGOs and civil society in both implementing and enforcing the ATT agreed standards at national and international level and in establishing a transparent, accountable control system; calls, therefore, for support (including financial support) to be given to an international, transparent and robust control mechanism which will bolster the role of parliaments and civil society;

22.  Welcomes the provisions on international cooperation and assistance and the establishment of a voluntary trust fund to assist the States Parties that need support to implement the Treaty;

23.  Welcomes also the setting-up of a Conference of States Parties, which will be regularly convened in order to review the implementation of the Treaty and, inter alia, to ensure that the trade in new weapon technologies is covered by the Treaty;

The EU and its Member States

24.  Recognises the consistent role played by the EU and its Member States in support of the international process to establish common binding rules governing the international arms trade; welcomes the fact that all Member States have signed the Treaty; looks forward to rapid ratification by the Member States once Parliament has given its consent;

25.  Calls, therefore, on the Greek Council Presidency to give the highest priority to the ratification and implementation of the ATT and to report regularly to Parliament on the respective activities; urges the Member States to implement the ATT swiftly, effectively and in a uniform manner across the European Union while continuing to fully implement the Council Common Position of 2008 as the current basis for shared European standards in arms exports controls;

26.  Reminds the Member States of their joint responsibility to apply and interpret the Council Common Position of 2008 on Arms Exports uniformly and with an equal degree of rigour;

27.  Urges the Member States to fulfil both their EU and UN reporting obligations in a spirit of transparency and completeness, and to promote transparency and the exchange of information and best practices on arms transfers and arms diversion globally;

28.  Welcomes the active role played by the EU in the ATT negotiations; considers it regrettable, however, that the ATT does not contain provisions which would allow the EU or other regional organisations to be parties to the Treaty; underlines the need for regional organisations to play an active role in implementing the Treaty, and calls for provisions to be inserted into the ATT at the earliest possible opportunity that will allow the EU or other regional organisations to be parties thereto;

29.  Welcomes the fact that under the Treaty states are required to submit an annual report on both their exports and their imports (Article 13(3)), this being a very positive aspect which promotes trust between states as it enables information to be obtained on weapons being purchased by other countries;

30.  Calls on the Commission to submit an ambitious proposal for a Council decision on an EU support mechanism for the implementation of the ATT;

31.  Calls on the EU and its Member States to provide support to third countries in need of assistance in fulfilling the Treaty obligations; welcomes in regard to this the conclusions of the Foreign Affairs Council of 16 December 2013 allocating EUR 5,2 million from the EU budget to the voluntary trust fund to be established under the Treaty;

32.  Stresses that any implementation support efforts should be closely coordinated with activities of other donors and other ATT parties, and take into account the views of research institutes and civil society organisations, such as those funded under the United Nations Trust Facility Supporting Coordination on Arms Regulation (UNSCAR), and should encourage local civil society participation;

33.  Calls on the Commission and the EEAS to design and implement a coherent ATT outreach programme, integrating and building upon all the existing activities of ATT parties and taking into account activities relating to the local advocacy initiatives of civil society organisations and the outreach activities of other donors and civil society organisations, with due consideration for lessons learned in this area;

34.  Draws attention to the provision for amending the Treaty as a last resort by a majority of three-quarters of the States Parties should this become necessary, and encourages the EU and its Member States to make use of this provision in the future to further strengthen the regime and remove loopholes; calls on the Commission, in the meantime, to promote bilateral solutions in the context of trade relations regulated by treaty;

35.  Calls on the Hellenic Parliament, in the framework of the Greek Presidency of the Council of the EU, to include the issue of ATT ratification and the Council Common Position of 2008 on the agenda for the upcoming Interparliamentary Conference for the CFSP-CSDP;

36.  Calls on the Council, given that the ATT concerns both exclusive EU competences and national competences, to grant the Member States permission to ratify the ATT in the interest of the European Union;

o
o   o

37.  Instructs its President to forward this resolution to the Council, the national parliaments of the Member States, the Vice-President of the Commission / High Representative for Foreign Affairs and Security Policy, the Commission and the Secretary-General of the United Nations.

(1) OJ L 152, 18.6.2010, p. 14. (2) OJ L 256, 13.9.1991, p. 51. (3) OJ L 146, 10.6.2009, p. 1. (4) OJ L 94, 30.3.2012, p. 1. (5) OJ L 335, 13.12.2008, p. 99. (6) OJ C 146 E, 12.6.2008, p. 342. (7) OJ C 332 E, 15.11.2013, p. 58. (8) OJ C 66 E, 20.3.2009, p. 48.

Amendments adopted by the European Parliament on 5 February 2014 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1225/2009 on protection against dumped imports from countries not members of the European Community and Council Regulation (EC) No 597/2009 on protection against subsidised imports from countries not members of the European Community (COM(2013)0192 – C7-0097/2013 – 2013/0103(COD))(1)

P7_TA(2014)0082 A7-0053/2014

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment Amendment 1 Proposal for a regulation Recital 3 (3)  Following the review, certain provisions of the Regulations should be amended in order to improve transparency and predictability, provide for effective measures to fight against retaliation, improve effectiveness and enforcement and optimise review practice. In addition, certain practices that in recent years have been applied in the context of anti-dumping and anti-subsidy investigations should be included in the Regulations. (3)  Following the review, certain provisions of the Regulations should be amended in order to improve transparency and predictability, provide for effective measures to fight against retaliation by third countries, improve effectiveness and enforcement and optimise review practice. Amendment 2 Proposal for a regulation Recital 4 (4)  In order to improve transparency and predictability of anti-dumping and anti-subsidy investigations, the parties affected by the imposition of provisional anti-dumping and countervailing measures, in particular importers, should be made aware of the impending imposition of such measures. The time given should correspond to the period between the submission of the draft implementing act to the anti-dumping committee established pursuant to Article 15 of Regulation (EC) No 1225/2009 and the anti-subsidy committee established pursuant to Article 25 of Regulation (EC) No 597/2009 and the adoption of that act by the Commission. This period is fixed in Article 3(3) of Regulation (EU) No 182/2011. Also, in investigations where it is not appropriate to impose provisional measures, it is desirable that parties are aware sufficiently in advance of such non-imposition. deleted Amendment 95 Proposal for a regulation Recital 5 (5)  A short period of time in advance of the imposition of provisional measures should be allowed for exporters or producers to check the calculation of their individual dumping or subsidy margin. Calculation errors could then be corrected in advance of the imposition of measures. deleted Amendment 3 Proposal for a regulation Recital 6 (6)  In order to ensure effective measures to fight against retaliation, Union producers should be able to rely on the Regulations without fear of retaliation by third parties. Existing provisions, under special circumstances, provide for the initiation of an investigation without having received a complaint, where sufficient evidence of the existence of dumping, countervailable subsidies, injury and causal link exists. Such special circumstances should include threat of retaliation. (6)  In order to ensure effective measures to fight against retaliation, Union producers should be able to rely on the Regulations without fear of retaliation by third parties. Existing provisions, under special circumstances, in particular where diverse and fragmented sectors largely composed of small and medium-sized enterprises (SMEs) are concerned, provide for the initiation of an investigation without having received a complaint, where sufficient evidence of the existence of dumping, countervailable subsidies, injury and causal link exists. Such special circumstances should include threat of retaliation from third countries. Amendment 4 Proposal for a regulation Recital 7 (7)  When an investigation is not initiated by a complaint, an obligation should be imposed on Union producers to provide the necessary information in order for the investigation to proceed, in order to ensure that sufficient information is available for carrying out the investigation in case of such threats of retaliation. (7)  When an investigation is not initiated by a complaint, a request for cooperation should be made to Union producers to provide the necessary information in order for the investigation to proceed, in order to ensure that sufficient information is available for carrying out the investigation in case of such threats of retaliation. Small-sized enterprises and microenterprises should be exempt from that obligation in order to spare them from unreasonable administrative burden and costs. Amendment 5 Proposal for a regulation Recital 10 (10)  In order to optimise the review practice, duties collected during the investigation should be reimbursed to importers, where measures are not prolonged after the conclusion of an expiry review investigation. This is appropriate given that the conditions required for the continuation of the measures have not been found to exist during the investigation period. deleted Amendment 6 Proposal for a regulation Recital 11 a (new) (11a)  Any document aimed at clarifying the established practices of the Commission with regard to the application of this Regulation (including the four draft guidelines on the selection of analogue country, on expiry reviews and the duration of measures, on the injury margin and on the Union interest) should be adopted by the Commission only after entry into force of this Regulation and proper consultation of the European Parliament and Council and should then fully reflect the content of this Regulation. Amendment 7 Proposal for a regulation Recital 11 b (new) (11b)  The Union is not party to ILO Conventions, but its Member States are. For the time being, only "core" ILO Conventions have been ratified by all Union Member States. In order to keep the definition of sufficient level of social standards based on ILO Conventions listed in Annex Ia to Regulation (EC) No 1225/2009 up to date, the Commission will, by means of delegated acts, update that Annex, as soon as Union Member States will have ratified other ILO "priority" Conventions. Amendment 8 Proposal for a regulation Recital 12 a (new) (12a)  Diverse and fragmented sectors largely composed of SMEs have difficulties in acceding to trade defence proceedings due to the complexity of the procedures and the high costs related thereto. SMEs’ access to the instrument should be facilitated by strengthening the role of the SME Help Desk, which should support SMEs in filing complaints and in reaching the necessary thresholds for investigations to be launched. Administrative procedures relating to trade defence proceedings should also be better adapted to SMEs' constraints. Amendment 9 Proposal for a regulation Recital 12 b (new) (12b)  In anti-dumping cases, the duration of investigations should be limited to nine months and those investigations be concluded within 12 months of initiation of the proceedings. In anti-subsidy cases, the duration of investigations should be limited to nine months and those investigations should be concluded within 10 months of initiation of the proceedings. In any event, the provisional duties should be imposed only during a period commencing 60 days after the initiation of the proceedings until six months after the initiation of the proceedings. Amendment 10 Proposal for a regulation Recital 12 c (new) (12c)  Non-confidential elements of undertakings submitted to the Commission should be better disclosed to the interested parties, the European Parliament and the Council. Consulting Union industry should become an obligation of the Commission before accepting any offer of undertaking. Amendment 93 Proposal for a regulation Recital 18 (18)  In making the Union interest assessment, the opportunity to provide comments should be given to all producers in the Union and not just those producers lodging the complaint. deleted Amendment 11 Proposal for a regulation Recital 18 a (new) (18a)  The annual report by the Commission to the European Parliament and the Council on its implementation of Regulation (EC) No 1225/2009 and Regulation (EC) No 597/2009 allows a regular and timely monitoring of the Trade Defence Instruments as part of the establishment of a structured interinstitutional dialogue on this issue. The public release of that report, six months after presentation to the European Parliament and the Council, ensures the transparency of the Trade Defence Instruments for stakeholders and the public. Amendment 12 Proposal for a regulation Recital 18 b (new) (18b)  The Commission should ensure greater transparency with regard to proceedings, internal procedures and outcomes of investigations, and all non-confidential files should be made accessible to interested parties through a web-based platform. Amendment 13 Proposal for a regulation Recital 18 c (new) (18c)  The Commission should inform the European Parliament and the Council of the initiation of any investigations and of developments relating to those investigations on a regular basis. Amendment 14 Proposal for a regulation Recital 18 d (new) (18d)  Where the number of producers in the Union is so large that resort must be made to sampling, the Commission should, when choosing a sample of producers, fully take into account the proportion of SMEs in the sample, in particular in the case of diverse and fragmented industry sectors largely composed of SMEs. Amendment 92 Proposal for a regulation Recital 18 e (new) (18e)  In order to improve the effectiveness of trade-defence instruments, trade unions should be allowed to submit written complaints jointly with the Union industry. Amendment 15 Proposal for a regulation Article 1 – point -1 (new) Regulation (EC) No 1225/2009 Title Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Union (This amendment applies throughout Council Regulation (EC) No 1225/2009) Amendment 16 Proposal for a regulation Article 1 – point -1 a (new) Regulation (EC) No 1225/2009 Recital 11 a (new) (11a)  Third countries increasingly interfere in trade with a view to benefitting domestic producers, for instance by imposing export taxes or operating dual pricing schemes. Such interferences create additional distortions of trade. As a consequence, Union producers are not only harmed by dumping, but suffer, compared to producers from third countries engaged in such practices, additional distortions of trade. Differences in the level of labour and environmental standards can also result in additional distortions of trade. Therefore, the lesser duty rule should not apply in such cases, when the exporting country has an insufficient level of social and environmental standards. A sufficient level is defined by the ratification of core International Labour Organisation (ILO) Conventions and of Multilateral Environmental Agreements (MEAs) to which the Union is party. SMEs particularly suffer from unfair competition because their small size prevents them from adapting to it. Therefore, the lesser duty rule should not apply when the complaint has been presented on behalf of a sector largely composed of SMEs. The lesser duty rule should always apply, however, when structural raw material distortions are the result of a deliberate choice made by a least developed country to protect the public interest. Amendment 17 Proposal for a regulation Article 1 – point -1 b (new) Regulation (EC) No 1225/2009 Article 1 – paragraph 1 – subparagraph 2 (new) -1b. In Article 1(1), the following subparagraph is added: "The use of any dumped product in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under this Regulation and shall be charged to duty accordingly, when causing injury to the Union industry." Amendment 18 Proposal for a regulation Article 1 – point -1 c (new) Regulation (EC) No 1225/2009 Article 1 – paragraph 4 a -1c. In Article 1, the following paragraph is added: "4a. For the purpose of this Regulation, it shall be understood that a raw material is the input of a given product which has a significant impact on its cost of production." Amendment 19 Proposal for a regulation Article 1 – point -1 d (new) Regulation (EC) No 1225/2009 Article 1 – paragraph 4 b (new) -1d. In Article 1, the following paragraph is added: "4b. A raw material shall be considered to be subject to structural distortion when its price is not solely the result of a normal operation of market forces reflecting supply and demand. Such distortions are the outcome of interference from third countries, which includes, inter alia, export taxes, export restrictions and dual pricing schemes." Amendments 70 and 86 Proposal for a regulation Article 1 – point -1 e (new) Regulation (EC) No 1225/2009 Article 2 – paragraph 7 – point a – subparagraph 2 -1e. In Article 2(7)(a), the second subparagraph is replaced by the following: An appropriate market economy third country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. Account shall also be taken of time-limits; where appropriate, a market economy third country which is subject to the same investigation shall be used. "An appropriate market economy third country shall be selected in a not unreasonable manner, due account being taken of any reliable information made available at the time of selection. The selected country shall also have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of ratification and effective implementation by the third country of the Multilateral Environmental Agreements, and protocols thereunder, the Union is party to at any point in time and of ILO Conventions listed in Annex Ia. Account shall also be taken of time-limits; where appropriate, a market economy third country which is subject to the same investigation shall be used." Amendments 87 and 90 Proposal for a regulation Article 1 – point 1 a (new) Regulation (EC) No 1225/2009 Article 5 – paragraph 1 - subparagraph 1 1a.  In Article 5(1), the first subparagraph is replaced by the following: Except as provided for in paragraph 6, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written complaint by any natural or legal person, or any association not having legal personality, acting on behalf of the Community industry. 'Except as provided for in paragraph 6, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written complaint by any natural or legal person, or any association not having legal personality, acting on behalf of the Union industry. Complaints may also be submitted jointly by the Union industry, or by any natural or legal person or any association not having legal personality acting on behalf thereof, and trade unions.' Amendment 20 Proposal for a regulation Article 1 – point 1 b (new) Regulation (EC) No 1225/2009 Article 5 – paragraph 1 a (new) 1b.  In Article 5, the following paragraph is inserted: "1a. The Commission shall facilitate access to the instrument for diverse and fragmented industry sectors, largely composed of small and medium-sized enterprises (SMEs), in the context of anti-dumping cases, through an SME Help Desk. The SME Help Desk shall raise awareness of the instrument, provide information and explanations on cases, how to file a complaint and how to better present evidence of dumping and injury. The SME Help Desk shall make available standard forms for statistics to be submitted for standing purposes and questionnaires. After the initiation of an investigation, it shall inform SMEs and their relevant associations likely to be affected by the initiation of proceedings and the relevant deadlines for registering as an interested party. It shall assist in addressing questions regarding the completion of questionnaires, where special attention shall be given to queries of SMEs as regards investigations initiated under Article 5(6). To the extent possible, it shall assist in reducing the burden caused by language barriers. In the event that SMEs provide prima facie evidence of dumping, the SME Help Desk shall provide SMEs with information on the evolution of the volume and value of imports of the product concerned in accordance with Article 14(6). It shall also provide guidance on additional methods of contact and liaison with the Hearing Officer and national customs authorities. The SME Help Desk shall also inform SMEs on the possibilities and conditions under which they can request a review of the measures and refund of the anti-dumping duties paid." Amendment 21 Proposal for a regulation Article 1 – point 1 c (new) Regulation (EC) No 1225/2009 Article 5 – paragraph 4 – subparagraph 2 (new) 1c.  In Article 5(4), the following subparagraph is added: "In the case of diverse and fragmented industrial sectors, largely composed of small and-medium-sized enterprises, the Commission shall assist in reaching those thresholds through the support of the SME Help Desk." Amendment 22 Proposal for a regulation Article 1 – point 1 d (new) Regulation (EC) No 1225/2009 Article 5 – paragraph 6 1d.  In Article 5, paragraph 6 is replaced by the following: 6.  If in special circumstances, it is decided to initiate an investigation without having received a written complaint by or on behalf of the Community industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify such initiation. "6. If in special circumstances, in particular where diverse and fragmented sectors largely composed of small and medium-sized enterprises are concerned, the Commission decides to initiate an investigation without having received a written complaint by or on behalf of the Union industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify such initiation." Amendment 23 Proposal for a regulation Article 1 – point 1 e (new) Regulation (EC) No 1225/2009 Article 6 – paragraph 9 1e.  In Article 6, paragraph 9 is replaced by the following: 9.  For proceedings initiated pursuant to Article 5(9), an investigation shall, whenever possible, be concluded within one year. In any event, such investigations shall in all cases be concluded within 15 months of initiation, in accordance with the findings made pursuant to Article 8 for undertakings or the findings made pursuant to Article 9 for definitive action. "9. For proceedings initiated pursuant to Article 5(9), an investigation shall be concluded within nine months. In any event, such an investigation shall in all cases be concluded within one year of initiation, in accordance with the findings made pursuant to Article 8 for undertakings or the findings made pursuant to Article 9 for definitive action. Investigation periods shall, whenever possible, especially in the case of diverse and fragmented sectors largely composed of SMEs, coincide with the financial year." Amendment 24 Proposal for a regulation Article 1 – point 2 Regulation (EC) No 1225/2009 Article 6 – paragraph 10 Union producers of the like product are obliged to cooperate in proceedings that have been initiated pursuant to Article 5(6). Union producers of the like product with the exception of small-sized and micro-sized Union producers are requested to cooperate in proceedings that have been initiated pursuant to Article 5(6). Amendment 25 Proposal for a regulation Article 1 – point 2 Regulation (EC) No 1225/2009 Article 6 – paragraph 10 a (new) 10a.  The Commission shall ensure the best possible access to information to all interested parties by allowing for an information system whereby interested parties are notified when new non-confidential information is added to the investigation files. Non-confidential information shall also be made accessible through a web-based platform. Amendment 26 Proposal for a regulation Article 1 – point 2 Regulation (EC) No 1225/2009 Article 6 – paragraph 10 b (new) 10b.  The Commission shall safeguard the effective exercise of the procedural rights of the interested parties and shall ensure that proceedings are handled impartially, objectively and within a reasonable time period, through a Hearing Officer, where appropriate. Amendment 27 Proposal for a regulation Article 1 – point 2 Regulation (EC) No 1225/2009 Article 6 – point 10 c (new) 10c.  The Commission shall issue questionnaires used in investigations, in all official languages of the Union, upon request of interested parties. Amendment 28 Proposal for a regulation Article 1 – point 3 – point a Regulation (EC) No 1225/2009 Article 7 – paragraph 1 –sentences 1 and 2 1.  Provisional duties may be imposed if proceedings have been initiated in accordance with Article 5, if a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with Article 5(10), if a provisional affirmative determination has been made of dumping and consequent injury to the Community industry, and if the Community interest calls for intervention to prevent such injury. The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than nine months from the initiation of the proceedings. 1.  Provisional duties may be imposed if proceedings have been initiated in accordance with Article 5, if a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with Article 5(10), if a provisional affirmative determination has been made of dumping and consequent injury to the Union industry, and if the Union interest calls for intervention to prevent such injury. The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than six months from the initiation of the proceedings. Amendment 29 Proposal for a regulation Article 1 – point 3 – point a Regulation (EC) No 1225/2009 Article 7 – paragraph 1 (a)  in paragraph 1, the following sentence is added: deleted "Provisional duties shall not be applied within a period of two weeks after the information is sent to interested parties under Article 19a. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission." Amendment 30 Proposal for a regulation Article 1 – point 3 – point b Regulation (EC) No 1225/2009 Article 7 – paragraph 2 The amount of the provisional anti-dumping duty shall not exceed the margin of dumping as provisionally established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry. The amount of the provisional anti-dumping duty shall not exceed the margin of dumping as provisionally established, but it should be less than the margin if such lesser duty would be adequate to remove the injury to the Union industry. Such a lesser duty shall not apply in any of the following circumstances: (a)   structural distortions or significant State interference regarding, inter alia, prices, costs and inputs, including for instance raw materials and energy, research and labour, outputs, sales and investments, currency exchange rate and fair trade finance conditions, were found to exist with regard to the product concerned in the exporting country; (b)  the exporting country does not have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of Multilateral Environmental Agreements, and protocols thereunder, to which the Union is party any point in time, and of ILO Conventions listed in Annex Ia; (c)  the complainant represents a diverse and fragmented industry, largely composed of SMEs; (d)  the investigation or a separate anti-subsidy investigation has established at least provisionally that the exporting country provides one or more subsidies to exporting producers of the product concerned. However, such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and such country is a least-developed country listed in Annex IV to Regulation (EU) No 978/2012 of the European Parliament and of the Council*. __________ * 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. Amendment 31 Proposal for a regulation Article 1 – point 3 a (new) Regulation (EC) No 1225/2009 Article 8 – paragraph 1 3a.  In Article 8, paragraph 1 is replaced by the following: 1.  Upon condition that a provisional affirmative determination of dumping and injury has been made, the Commission may accept satisfactory voluntary undertaking offers submitted by any exporter to revise its prices or to cease exports at dumped prices, if, after specific consultation of the Advisory Committee, it is satisfied that the injurious effect of the dumping is thereby eliminated. In such a case and as long as such undertakings are in force, provisional duties imposed by the Commission in accordance with Article 7(1) or definitive duties imposed by the Council in accordance with Article 9(4) as the case may be shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the Commission decision accepting undertakings, as subsequently amended. Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping and they should be less than the margin of dumping if such increases would be adequate to remove the injury to the Community industry. "1. Upon condition that a provisional affirmative determination of dumping and injury has been made, the Commission may accept voluntary undertaking offers submitted by any exporter to revise its prices or to cease exports at dumped prices, after specific consultation of the Advisory Committee, provided that such offers effectively eliminate the injurious effect of the dumping. In such a case and as long as such undertakings are in force, provisional duties imposed by the Commission in accordance with Article 7(1) or definitive duties imposed by the Council in accordance with Article 9(4) as the case may be shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the Commission decision accepting undertakings, as subsequently amended. Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping and they shall be less than the margin of dumping if such increases would be adequate to remove the injury to the Union industry, unless the Commission, in the imposition of provisional or definitive duties, had decided that this lesser duty shall not be applied." Amendment 32 Proposal for a regulation Article 1 – point 3 b (new) Regulation (EC) No 1225/2009 Article 8 – paragraph 4 3b.  In Article 8, paragraph 4 is replaced by the following: 4.  Parties which offer an undertaking shall be required to provide a non-confidential version of such undertaking, so that it may be made available to interested parties to the investigation. "4. Parties which offer an undertaking shall be required to provide a meaningful non-confidential version of such undertaking, so that it may be made available to interested parties to the investigation, the European Parliament and the Council. The parties shall be requested to disclose as much information as possible regarding the content and nature of the undertaking with due regard to the protection of confidential information within the meaning of Article 19. Furthermore, before accepting any such an offer the Commission shall consult the Union industry with regard to the main features of the undertaking. Amendment 33 Proposal for a regulation Article 1 – point 4 – point b Regulation (EC) No 1225/2009 Article 9 – paragraph 4 – last sentence The amount of the anti-dumping duty shall not exceed the margin of dumping established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry. The amount of the anti-dumping duty shall not exceed the margin of dumping established but it should be less than the margin if such lesser duty would be adequate to remove the injury to the Union industry. Such a lesser duty shall not apply in any of the following circumstances: (a)   structural distortions or significant State interferences regarding, inter alia, prices, costs and inputs, including for instance raw materials and energy, research and labour, outputs, sales and investments, currency exchange rate and fair trade finance conditions, were found to exist with regard to the product concerned in the exporting country; (b)  the exporting country does not have a sufficient level of social and environmental standards, where sufficient levels are determined on the basis of the ratification and effective implementation by the third country of Multilateral Environmental Agreements, and protocols thereunder, to which the Union is party any point in time, and of ILO Conventions listed in Annex Ia; (c)  the complainant represents a diverse and fragmented industry, largely composed of SMEs; (d)  the investigation or a separate anti-subsidy investigation has established that the exporting country provides one or more subsidies to exporting producers of the product concerned. However, such a lesser duty shall always be granted when structural raw materials distortions are found to exist with regard to the product concerned in the exporting country and that country is a least-developed country listed in Annex IV to Regulation (EU) No 978/2012. Amendment 77/rev Proposal for a regulation Article 1 – point 5 – point -a (new) Regulation (EC) No 1225/2009 Article 11 – paragraph 2 – subparagraph 2 (-a)  in paragraph 2, the second subparagraph is replaced by the following: An expiry review shall be initiated where the request contains sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Such likelihood may, for example, be indicated by evidence of continued dumping and injury or evidence that the removal of injury is partly or solely due to the existence of measures or evidence that the circumstances of the exporters, or market conditions, are such that they would indicate the likelihood of further injurious dumping. An expiry review shall be initiated where the request contains sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Such likelihood may, for example, be indicated by evidence of continued dumping and injury or evidence that the removal of injury is partly or solely due to the existence of measures or evidence that the circumstances of the exporters, or market conditions, are such that they would indicate the likelihood of further injurious dumping. Such likelihood may also be indicated by continuing interference by the exporting country. Amendment 35 Proposal for a regulation Article 1 – point 5 – point a Regulation (EC) No 1225/2009 Article 11 – paragraph 5 (a)  in paragraph 5, the following subparagraph is added: deleted "If following an investigation pursuant to paragraph 2, the measure expires, any duties collected from the date of the initiation of such investigation shall be repaid provided that this is requested from national customs authorities and granted by those authorities in accordance with the applicable Union customs legislation concerning repayment and remission of duty. Such repayment does not give rise to the payment of interest by the national customs authorities concerned." Amendment 36 Proposal for a regulation Article 1 – point 6 a (new) Regulation (EC) No 1225/2009 Article 14 – paragraph 3 6a.  In Article 14, paragraph 3 is replaced by the following: 3.  Special provisions, in particular with regard to the common definition of the concept of origin, as contained in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, may be adopted pursuant to this Regulation. "3. Special provisions, in particular with regard to the common definition of the concept of origin, as contained in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code or in accordance with Article 2 thereof, may be adopted pursuant to this Regulation." Amendment 79 Proposal for a regulation Article 1 – point 6 b (new) Regulation (EC) No 1225/2009 Article 14 – paragraph 5 (6b)  In Article 14, paragraph 5 is replaced by the following: 5.   The Commission may, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Community industry which contains sufficient evidence to justify such action. Registration shall be introduced by regulation which shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months. "5. The Commission may, after having informed the Member States in due time direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports shall be made subject to registration following a request from the Union industry which contains sufficient evidence to justify such action. Imports may also be made subject to registration on the Commission’s own initiative. Imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the Union industry contains a request for registration and sufficient evidence to justify such action. Registration shall be introduced by regulation which shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months." Amendment 75 Proposal for a regulation Article 1 – point 6 c (new) Regulation (EC) 1225/2009 Article 14 – paragraph 6 6c.  In Article 14, paragraph 6 is replaced by the following: 6.   Member States shall report to the Commission every month, on the import trade in products subject to investigation and to measures, and on the amount of duties collected pursuant to this Regulation. "6. Member States shall report to the Commission every month, on the import trade in products subject to investigation and to measures, and on the amount of duties collected pursuant to this Regulation. The Commission may, upon receiving a specific reasoned request from an interested party, and after receiving the opinion of the Committee referred to in Article 15(2) on it, decide to provide them with information concerning the volume and import values of those products." Amendment 39 Proposal for a regulation Article 1 – point 6 d (new) Regulation (EC) 1225/2009 Article 14 – paragraph 7 a (new) 6d.  In Article 14, the following paragraph is added: "7a. Whenever the Commission intends to adopt or publish any document aimed at clarifying the established practice of the Commission with regard to the application of this Regulation in any of its elements, the Commission, prior to the adoption or publication, shall consult the European Parliament and the Council, aiming at a consensus with a view to the approval of the given document. Any subsequent modification of such documents shall be subject to such procedural requirements. In any event, any of those documents shall be in full conformity with the provisions of this Regulation. No such document shall broaden the discretion of the Commission, as interpreted by the Court of Justice of the European Union, in adopting measures." Amendment 40 Proposal for a regulation Article 1 – point 7 Regulation (EC) No 1225/2009 Article 17 – paragraph 1 "1. In cases where the number of Union producers, exporters or importers, types of product or transactions is large, the investigation may be limited to a reasonable number of parties, products or transactions by using samples which are statistically valid on the basis of information available at the time of the selection, or to the largest representative volume of production, sales or exports which can reasonably be investigated within the time available." “1. In cases where the number of Union producers, exporters or importers that cooperate in the investigation with their consent, types of product or transactions is large, the investigation may be limited to a reasonable number of parties, products or transactions by using samples which are statistically valid on the basis of information available at the time of the selection, or to the largest representative volume of production, sales or exports which can reasonably be investigated within the time available. In the case of diverse and fragmented industry sectors, largely composed of SMEs, the final selection of parties should, where possible, take into account their proportion of the sector concerned." Amendment 41 Proposal for a regulation Article 1 – point 8 Regulation (EC) No 1225/2009 Article 19 a – paragraph 1 1.  The Union producers, importers and exporters and their representative associations, and representatives of the exporting country, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 7(1) for the imposition of provisional duties. Such information shall include: deleted (a)  a summary of the proposed duties for information purposes only, and (b)  details of the calculation of the dumping margin and the margin adequate to remove the injury to the Union industry, due account being taken of the need to respect the confidentiality obligations contained in Article 19. Parties shall have a period of three working days to provide comments on the accuracy of the calculations. Amendment 42 Proposal for a regulation Article 1 – point 9 Regulation (EC) No 1225/2009 Article 21 – paragraph 2 9.  Article 21(2) is replaced by the following: deleted ‘2. In order to provide a sound basis on which the authorities can take account of all views and information in the decision as to whether or not the imposition of measures is in the Union interest, the Union producers, importers and their representative associations, representative users and representative consumer organisations may, within the time-limits specified in the notice of initiation of the anti-dumping investigation, make themselves known and provide information to the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this Article, and they shall be entitled to respond to such information.’ Amendment 43 Proposal for a regulation Article 1 – point 9 a (new) Regulation (EC) No 1225/2009 Article 22 – paragraph 1 a (new) 9c.  In Article 22, the following paragraph shall be added: "1a. As soon as all Member States have ratified new ILO Conventions, The Commission shall update Annex Ia accordingly, in conformity with the procedure set out in Article 290 TFEU." Amendment 44 Proposal for a regulation Article 1 – point 9 b (new) Regulation (EC) No 1225/2009 Article 22 a (new) 9b.  The following article is inserted: "Article 22a Report 1.  In order to facilitate the monitoring of the implementation of the Regulation by the European Parliament and the Council, the Commission shall, with due regard to the protection of confidential information within the meaning of Article 19, present an annual report on the application and implementation of this Regulation to the European Parliament and to the Council, as a part of a trade defence instrument dialogue between the Commission, the European Parliament and the Council. The report shall include information about the application of provisional and definitive measures, the termination of investigations without measures, undertakings, reinvestigations, reviews and verification visits, and the activities of the various bodies responsible for monitoring the implementation of this Regulation and fulfilment of the obligations arising therefrom. The report shall also cover the use of trade defence instruments by third countries targeting the Union, information on the recovery of the Union industry concerned by the measures imposed and appeals against the measures imposed. It shall include the activities of the Hearing Officer of the Commission's Directorate General for Trade and those of the SME Help Desk in relation to the application of this Regulation. 2.  The European Parliament may, within one month of the Commission's presentation of the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation. The report may also be subject to a resolution. 3.  No later than six months after presenting the report to the European Parliament and to the Council, the Commission shall make the report public." Amendment 45 Proposal for a regulation Article 1 – point 9 c (new) Regulation (EC) No 1225/2009 Annex I a (new) 9c.  The following annex is added: "Annex Ia ILO Conventions referred to in Articles 7, 8, 9 1.  Convention concerning Forced or Compulsory Labour, No 29 (1930) 2.  Convention concerning Freedom of Association and Protection of the Right to Organise, No 87 (1948) 3.  Convention concerning the Application of the Principles of the Right to Organise and to Bargain Collectively, No 98 (1949) 4.  Convention concerning Equal Remuneration of Men and Women Workers for Work of Equal Value, No 100 (1951) 5.  Convention concerning the Abolition of Forced Labour, No 105 (1957) 6.  Convention concerning Discrimination in Respect of Employment and Occupation, No 111 (1958) 7.  Convention concerning Minimum Age for Admission to Employment, No 138 (1973) 8.  Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, No 182 (1999)" Amendment 46 Proposal for a regulation Article 2 – point -1 (new) Regulation (EC) No 597/2009 Title Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Community Council Regulation (EC) No 597/2009 of 11 June 2009 on protection against subsidised imports from countries not members of the European Union (This amendment applies throughout Council Regulation (EC) No 597/2009.) Amendment 47 Proposal for a regulation Article 2 – point -1 a (new) Regulation (EC) No 597/2009 Recital 9 a (new) (9a)  Within the Union, countervailable subsidies are as a general rule prohibited pursuant to Article 107(1) TFEU. Therefore, countervailable subsidies granted by third countries are particularly distortive of trade. The amount of State aid authorised by the Commission has steadily been reduced over time. For the anti-subsidy instrument, the lesser duty rule should hence no longer be applied to imports from a country or countries engaged in subsidisation. Amendment 48 Proposal for a regulation Article 2 – point -1 b (new) Regulation (EC) No 597/2009 Article 1 – paragraph 1 – subparagraph 2 -1b. In Article 1(1), the following subparagraph shall be added: "The use of any subsidised products in connection with the exploration of the Continental Shelf or the Exclusive Economic Zone of a Member State, or the exploitation of its resources, shall be treated as an import under this Regulation and shall be charged to duty accordingly, when it causes injury to the Union industry." Amendment 91 Proposal for a regulation Article 2 – point 1 a (new) Regulation (EC) No 597/2009 Article 10 – paragraph 1 – subparagraph 1 1a.  In Article 10(1), the first subparagraph is replaced by the following: 1.  Except as provided for in paragraph 8, an investigation to determine the existence, degree and effect of any alleged subsidy shall be initiated upon a written complaint by any natural or legal person, or any association not having legal personality, acting on behalf of the Community industry. "1. Except as provided for in paragraph 8, an investigation to determine the existence, degree and effect of any alleged dumping shall be initiated upon a written complaint by any natural or legal person, or any association not having legal personality, acting on behalf of the Union industry. Complaints may also be submitted jointly by the Union industry, or by any natural or legal person or any association not having legal personality acting on behalf thereof, and trade unions." Amendment 94 Proposal for a regulation Article 2 – point 1 b (new) Regulation (EC) No 597/2009 Article 10 – paragraph 6 – subparagraph 2 (new) 1b.  In Article 10(6), the following subparagraph is added: "In the case of diverse and fragmented industrial sectors, largely composed of small-and-medium-sized enterprises, the Commission shall assist in reaching these thresholds through the support of the SME Help Desk." Amendment 49 Proposal for a regulation Article 2 – point 1 c (new) Regulation (EC) No 597/2009 Article 10 – paragraph 8 1c.  In Article 10, paragraph 8 shall be replaced by the following: 8.  If, in special circumstances, the Commission decides to initiate an investigation without having received a written complaint by or on behalf of the Community industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of the existence of countervailable subsidies, injury and causal link, as described in paragraph 2, to justify such initiation. "8. If in special circumstances, in particular where diverse and fragmented sectors largely composed of SMEs are concerned, the Commission decides to initiate an investigation without having received a written complaint by or on behalf of the Union industry for the initiation of such investigation, this shall be done on the basis of sufficient evidence of the existence of countervailable subsidies, injury and a causal link, as described in paragraph 2, to justify such initiation." Amendment 51 Proposal for a regulation Article 2 – point 2 Regulation (EC) No 597/2009 Article 11 – paragraph 9 9.  For proceedings initiated pursuant to Article 10(11), an investigation shall, whenever possible, be concluded within one year. In any event, such investigations shall in all cases be concluded within 13 months of their initiation, in accordance with the findings made pursuant to Article 13 for undertakings or the findings made pursuant to Article 15 for definitive action. 9.  For proceedings initiated pursuant to Article 10(11), an investigation shall, whenever possible, be concluded within nine months. In any event, such investigations shall in all cases be concluded within 10 months of their initiation, in accordance with the findings made pursuant to Article 13 for undertakings or the findings made pursuant to Article 15 for definitive action. Investigation periods shall, whenever possible, especially in the case of diverse and fragmented sectors largely composed of SMEs, coincide with the financial year. Amendment 50 Proposal for a regulation Article 2 – point 2 Regulation (EC) No 597/2009 Article 11 – paragraph 11 11.  Union producers of the like product are obliged to cooperate in proceedings that have been initiated pursuant to Article 10(8). 11.  Union producers of the like product with the exception of small-sized and micro-sized Union producers are requested to cooperate in proceedings that have been initiated pursuant to Article 10(8). Amendment 52 Proposal for a regulation Article 2 – point 2 Regulation (EC) No 597/2009 Article 11 – paragraph 11 a (new) 11a.  The Commission shall facilitate the access to the instrument for diverse and fragmented sectors, largely composed of SMEs, in the context of anti-subsidy cases, through the SME Help Desk. The SME Help Desk shall raise awareness of the instrument, provide information and explanations on cases, how to file a complaint and how to better present evidence of countervailable subsidies and injury. The SME Help Desk shall make available standard forms for statistics to be submitted for standing purposes and questionnaires. After the initiation of an investigation, it shall inform SMEs and their relevant associations likely to be affected by the initiation of proceedings and the relevant deadlines for registering as an interested party. It shall assist addressing questions regarding the completion of questionnaires, where special attention shall be given to queries of SMEs as regards investigations initiated under Article 10(8). To the extent possible, it shall assist reducing the burden caused by language barriers. In case SMEs provide prima facie evidence of countervailable subsidies, the SME Help Desk shall provide SMEs with information on the evolution of the volume and value of imports of the product concerned in accordance with Article 24(6). It shall also provide guidance on additional methods of contact and liaison with the Hearing Officer and national customs authorities. The SME Help Desk shall also inform SMEs on the possibilities and conditions under which they could request a review of the measures and refund of the countervailable duties paid. Amendment 53 Proposal for a regulation Article 2 – point 2 Regulation (EC) No 597/2009 Article 11 – paragraph 11 b (new) 11b.  The Commission shall ensure the best possible access to information to all interested parties by allowing for an information system whereby interested parties are notified when new non-confidential information is added to the investigation files. Non-confidential information shall also be made accessible through a web-based platform. Amendment 54 Proposal for a regulation Article 2 – point 2 Regulation (EC) No 597/2009 Article 11 – paragraph 11 c (new) 11c.  The Commission shall safeguard the effective exercise of the procedural rights of the interested parties and shall ensure that proceedings are handled impartially, objectively and within a reasonable time period, through a Hearing Officer, where appropriate. Amendment 55 Proposal for a regulation Article 2 – point 2 Regulation (EC) No 597/2009 Article 11 – paragraph 11 d (new) 11d.  The Commission shall issue questionnaires used in investigations, in all official languages of the Union upon request of interested parties. Amendment 56 Proposal for a regulation Article 2 – point 3 – point -a (new) Regulation (EC) No 597/2009 Article 12 – paragraph 1 – subparagraph 2 (-a)  the second subparagraph shall be replaced by the following: "The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than nine months from the initiation of the proceedings." "The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than six months from the initiation of the proceedings." Amendment 57 Proposal for a regulation Article 2 – point 3 – point b Regulation (EC) No 597/2009 Article 12 – paragraph 1 – subparagraph 3 a (b)  the following subparagraph is added at the end: deleted ‘Provisional duties shall not be applied within a period of two weeks after the information is sent to interested parties under Article 29b. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.’ Amendment 58 Proposal for a regulation Article 2 – point 3 a (new) Regulation (EC) No 597/2009 Article 13 – paragraph 1 3a.  In Article 13, paragraph 1 is replaced by the following: 1.  Upon condition that a provisional affirmative determination of subsidisation and injury has been made, the Commission may accept satisfactory voluntary undertakings offers under which: "1. Upon condition that a provisional affirmative determination of subsidisation and injury has been made, the Commission may accept voluntary undertakings offers under which: (a)  the country of origin and/or export agrees to eliminate or limit the subsidy or take other measures concerning its effects; or (a)  the country of origin and/or export agrees to eliminate or limit the subsidy or take other measures concerning its effects; or (b)  any exporter undertakes to revise its prices or to cease exports to the area in question as long as such exports benefit from countervailable subsidies, so that the Commission, after specific consultation of the Advisory Committee, is satisfied that the injurious effect of the subsidies is thereby eliminated. (b)  any exporter undertakes to revise its prices or to cease exports to the area in question as long as such exports benefit from countervailable subsidies, provided that the Commission, after specific consultation of the Advisory Committee, has determined that the injurious effect of the subsidies is thereby effectively eliminated. In such a case and as long as such undertakings are in force, the provisional duties imposed by the Commission in accordance with Article 12(3) and the definitive duties imposed by the Council in accordance with Article 15(1) shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the Commission decision accepting undertakings and in any subsequent amendment of such decision. In such a case and as long as such undertakings are in force, the provisional duties imposed by the Commission in accordance with Article 12(3) and the definitive duties imposed by the Council in accordance with Article 15(1) shall not apply to the relevant imports of the product concerned manufactured by the companies referred to in the Commission decision accepting undertakings and in any subsequent amendment of such decision. Price increases under such undertakings shall not be higher than is necessary to offset the amount of countervailable subsidies, and should be less than the amount of countervailable subsidies if such increases would be adequate to remove the injury to the Community industry. The lesser duty rule shall not apply to prices agreed under such undertakings in the framework of anti-subsidy proceedings." Amendment 59 Proposal for a regulation Article 2 – point 3 b (new) Regulation (EC) No 597/2009 Article 13 – paragraph 4 3b.  In Article 13, paragraph 4 is replaced by the following: 4.  Parties which offer an undertaking shall be required to provide a non-confidential version of such undertaking, so that it may be made available to interested parties to the investigation. "4. Parties which offer an undertaking shall be required to provide a meaningful non-confidential version of such undertaking, so that it may be made available to interested parties to the investigation, the European Parliament and the Council. The parties shall be requested to disclose as much information as possible regarding the content and nature of the undertaking with due regard to the protection of confidential information within the meaning of Article 29. Furthermore, before accepting any such offer the Commission shall consult the Union industry with regard to the main features of such undertaking." Amendment 60 Proposal for a regulation Article 2 – point 6 – point a Regulation (EC) No 597/2009 Article 22 – paragraph 1 – subparagraph 7 a (a)  in paragraph 1 the following subparagraph is added: deleted 'If following an investigation pursuant to Article 18, the measure expires, any duties collected after the date of the initiation of such investigation shall be reimbursed. The reimbursement should be requested from national customs authorities in accordance with the applicable Union customs legislation.' Amendment 61 Proposal for a regulation Article 2 – point 7 a (new) Regulation (EC) No 597/2009 Article 24 – paragraph 3 7a.  In Article 24, paragraph 3 is replaced by the following: 3.  Special provisions, in particular with regard to the common definition of the concept of origin, as contained in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, may be adopted pursuant to this Regulation. "3. Special provisions, in particular with regard to the common definition of the concept of origin, as contained in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code or in accordance with Article 2 thereof, may be adopted pursuant to this Regulation." Amendment 78 Proposal for a regulation Article 2 – point 7 b (new) Regulation (EC) No 597/2009 Article 24 – paragraph 5 7b.  In Article 24, paragraph 5 is replaced by the following: 5.   The Commission may, after consultation of the Advisory Committee, direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. "5. The Commission may, after having informed the Member States in due time direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports may be made subject to registration following a request from the Community industry which contains sufficient evidence to justify such action. Imports shall be made subject to registration following a request from the Union industry which contains sufficient evidence to justify such action. Imports may also be made subject to registration on the Commission’s own initiative. Imports shall be made subject to registration from the date of initiation of the investigation where the complaint of the Union industry contains a request for registration and sufficient evidence to justify such action. Registration shall be introduced by regulation which shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months. Registration shall be introduced by regulation which shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months." Amendment 76 Proposal for a regulation Article 2 – point 7 c (new) Regulation (EC) No 597/2009 Article 24 – paragraph 6 7c.  In Article 24, paragraph 6 is replaced by the following: 6.   Member States shall report to the Commission every month, on the import trade in products subject to investigation and to measures, and on the amount of duties collected pursuant to this Regulation. ‘6. Member States shall report to the Commission every month, on the import trade in products subject to investigation and to measures, and on the amount of duties collected pursuant to this Regulation. The Commission may, upon receiving a specific reasoned request from an interested party, and after receiving the opinion of the Committee referred to in Article 25(2) on it, decide to provide them with information concerning the volume and import values of those products.’ Amendment 64 Proposal for a regulation Article 2 – point 7 d (new) Regulation (EC) No 597/2009 Article 24 – paragraph 7 a (new) 7d.  In Article 24, the following paragraph is added: "7a. Whenever the Commission intends to adopt or publish any document aimed at clarifying the established practice of the Commission with regard to the application of this Regulation in any of its elements, the Commission, prior to the adoption or publication, shall consult the European Parliament and the Council, aiming at a consensus with a view to the approval of the given document. Any subsequent modification of such documents shall be subject to such procedural requirements. In any event, any of these documents shall be in full conformity with the provisions of this Regulation. No such document can broaden the discretion of the Commission, as interpreted by the Court of Justice of the European Union, in adopting measures." Amendment 65 Proposal for a regulation Article 2 – point 8 Regulation (EC) No 597/2009 Article 27 – paragraph 1 8.   In Article 27(1), the first subparagraph is replaced by the following: 8.   In Article 27, paragraph 1 is replaced by the following: "1. In cases where the number of Union producers, exporters or importers, types of product or transactions is large, the investigation may be limited to: "1. In cases where the number of Union producers, exporters or importers, that cooperate in the investigation, or types of product or transactions is large, the investigation may be limited to: (a)  a reasonable number of parties, products or transactions by using samples which are statistically valid on the basis of information available at the time of the selection; or (b)  the largest representative volume of the production, sales or exports which can reasonably be investigated within the time available. In the case of diverse and fragmented industry sectors, largely composed of SMEs, the final selection of parties shall, where possible, take into account their proportion of the sector concerned." Amendment 66 Proposal for a regulation Article 2 – point 9 Regulation (EC) No 597/2009 Article 29b 9.  After Article 29, the following Article is inserted: deleted "Article 29b Information about provisional measures 1.  The Union producers, importers and exporters and their representative associations, and the country of origin and/or export, may request information on the planned imposition of provisional duties. Requests for such information shall be made in writing within the time limit prescribed in the notice of initiation. Such information shall be provided to those parties, at least two weeks before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties. Such information shall include: (a)  a summary of the proposed duties for information purposes only, and (b)  details of the calculation of the subsidy margin and the margin adequate to remove the injury to the Union industry, due account being taken of the need to respect the confidentiality obligations contained in Article 29. Parties shall have a period of three working days to provide comments on the accuracy of the calculations. 2.  In cases where it is intended not to impose provisional duties but to continue the investigation, interested parties shall be informed of the non-imposition of duties two weeks before the expiry of the deadline mentioned in Article 12(1) for the imposition of provisional duties." Amendment 67 Proposal for a regulation Article 2 – point 10 Regulation (EC) No 597/2009 Article 31 – paragraph 2 10.  Article 31(2) is replaced by the following: deleted "2. In order to provide a sound basis on which the authorities can take account of all views and information in the decision as to whether or not the imposition of measures is in the Union interest, the Union producers, importers and their representative associations, representative users and representative consumer organisations may, within the time-limits specified in the notice of initiation of the countervailing investigation, make themselves known and provide information to the Commission. Such information, or appropriate summaries thereof, shall be made available to the other parties specified in this paragraph, and they shall be entitled to respond to such information." Amendment 68 Proposal for a regulation Article 2 – point 10 a (new) Regulation (EC) No 597/2009 Article 33 a (new) 10a.  The following article is inserted: "Article 33a Report 1.  In order to facilitate the monitoring of the implementation of the Regulation by the European Parliament and the Council, the Commission shall, with due regard to the protection of confidential information within the meaning of Article 19, present an annual report on the application and implementation of this Regulation to the European Parliament and to the Council, as a part of a trade defence instrument dialogue between the Commission, the European Parliament and the Council. The report shall include information about the application of provisional and definitive measures, the termination of investigations without measures, undertakings, reinvestigations, reviews and verification visits, and the activities of the various bodies responsible for monitoring the implementation of this Regulation and fulfilment of the obligations arising therefrom. The report shall also cover the use of trade defence instruments by third countries targeting the Union, information on the recovery of the Union industry concerned by the measures imposed and appeals against the measures imposed. It shall include the activities of the Hearing Officer of the Commission's Directorate General for Trade and those of the SME Help Desk in relation to the application of this Regulation. 2.  The European Parliament may, within one month of the Commission's presentation of the report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the implementation of this Regulation. The report may also be subject to a resolution. 3.  No later than six months after presenting the report to the European Parliament and to the Council, the Commission shall make the report public." Amendment 69 Proposal for a regulation Article 3 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall be consolidated with Regulation (EC) No 1225/2009 and Regulation (EC) No 597/2009 by ...*. ____________ * Three months after the date of entry into force of this Regulation.

(1) This matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0053/2014).

European Parliament legislative resolution of 5 February 2014 on the proposal for a Regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (COM(2013)0009 – C7-0019/2013 – 2013/0007(COD))

P7_TA(2014)0083 A7-0468/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0009),

–  having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0019/2013),

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

–  having regard to the opinion of the European Economic and Social Committee of 17 April 2013(1),

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

–  having regard to the report of the Committee on Fisheries (A7-0468/2013),

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 5 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council amending Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the European Commission,

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

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

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

Whereas:

(1)  Council Regulation (EC) No 1224/2009(4) confers powers upon the Commission in order to implement some of the provisions of that Regulation.

(2)  As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1224/2009 need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU).

(3)  In order to develop some of the provisions of Regulation (EC) No 1224/2009, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the following:

(4)  It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, such as with Regional Advisory Councils. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. [Am. 2]

(5)  In order to ensure uniform conditions for the implementation of Regulation (EC) No 1224/2009, implementing powers should be conferred upon the Commission in accordance with Article 291 TFEU in respect of the following:

Where the control of Member States is required those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(5).

(6)  As a consequence of the entry into force of the Lisbon Treaty, the provision on emergency measures which foresees a referral of certain Commission measures to the Council under certain conditions needs to be adapted.

(7)  As a consequence of the entry into force of the Lisbon Treaty, some provisions conferring decision-making powers upon Council alone need to be adapted to bring them into line with the new procedures applicable to the common fisheries policy. The following provisions of Regulation (EC) No 1224/2009 should therefore be redrafted:

(8)  Regulation (EC) No 1224/2009 should therefore be amended accordingly,

(8a)  Since this Regulation aims to align Regulation (EC) No 1224/2009 with the Lisbon Treaty, it is important that the Commission, in its future revision of that Regulation, examines:

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1224/2009 is amended as follows:

(1)  Article 4 is amended as follows:

(a)  point 7 is replaced by the following:"

"7. 'Union inspectors' means officials of a Member State or of the Commission or the body designated by it, whose names are contained in the list established in accordance with Article 79;"

(b)  point 14 is replaced by the following:"

"14. 'fishing restricted area' means any marine area under the jurisdiction of a Member State which has been defined by a legally binding Union act and where fishing activities are either limited or banned;"

(2)  in Article 6, paragraph 5 is replaced by the following:"

"5. The flag Member State shall issue, manage and withdraw the fishing licence in accordance with the detailed rules on their validity and the minimum information contained therein, laid down by means of implementing acts. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(3)  in Article 7, paragraph 5 is replaced by the following:"

"5. Detailed rules on the validity of fishing authorisations and the minimum information contained therein shall be laid down by means of implementing acts. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

6.  The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning rules on the applicability of the fishing authorisation to the conditions for the exemption of small vessels from the obligation to hold fishing authorisations." [Am. 6]

(4)  in Article 8, paragraph 2 is replaced by the following"

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)." [Am. 7]

(5)  Article 9 is amended as follows:

(a)  paragraph 10 is replaced by the following:"

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)." [Am. 8]

(b)  the following paragraph is added:"

"11. Rules concerning the format of the electronic transmission of the vessel monitoring system data from the flag Member State to the coastal Member State shall be laid down by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(6)  Article 13 is replaced by the following:"

"Article 13

New technologies

1.  Measures imposing the obligation to use electronic monitoring devices and traceability tools such as genetic analysis may be adopted in accordance with the Treaty. In order to assess the technology to be used, Member States, on their initiative or in cooperation with the Commission or the body designated by it, shall carry out pilot projects on traceability tools such as genetic analysis before 1 June 2013.

2.  The introduction of other new fisheries control techniques may be decided in accordance with the Treaty and in consultation with the parties concerned, when these technologies lead to improved compliance with the rules of the common fisheries policy in a cost effective way." [Am. 9]

(7)  Article 14 is amended as following:

(a)  paragraph 7 is replaced by the following:"

"7. To convert stored or processed fish weight into live fish weight, masters of Union fishing vessels shall apply a conversion factor. The Commission shall establish that conversion factor by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(b)  paragraph 10 is replaced by the following:"

(c)  the following paragraph is added:"

"11. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning the requirements to complete and submit the fishing logbook data in paper format by fishing vessels referred to in Articles 16(3) and 25(3)."

(8)  Article 15 is amended as following:

(a)  the following paragraph is added:"

"1a. Masters of Union fishing vessels used exclusively for the exploitation of aquaculture shall be exempted from paragraph 1."

(b)  paragraph 9 is replaced by the following:"

10.  The Commission shall lay down detailed rules on

(9)  in Article 16, paragraph 2 is replaced by the following:"

"2. For the purposes of the monitoring referred to in paragraph 1, each Member State shall establish a sampling plan based on the methodology adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 119(2) for the definition of vessels groups, risk levels and the estimation of the catch, and transmit it every year by 31 January to the Commission indicating the methods used for the establishment of this plan. The sampling plans shall be, as far as possible, stable over time and standardised within relevant geographical areas."

(10)  in Article 17, paragraph 6 is replaced by the following:"

"6. The Commission shall be empowered to may adopt delegated implementing acts in accordance with Article 119a, to exempt exempting certain categories of fishing vessels from the obligation set out in paragraph 1 for a limited period, which may be renewed, or make provision for another notification period taking into account, the type of fisheries products and the distance between the fishing grounds, landing places and ports where the vessels in question are registered.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)." [Am. 10]

(11)  Article 21 is amended as follows:

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

"6. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a, to exempt certain categories of fishing vessels from the obligation laid down in paragraph 1 for a limited and renewable period, or make provision for another notification period taking into account the type of fisheries products and the distance between the fishing grounds, transhipping places and ports where the vessels in question are registered."

(b)  paragraph 7 is replaced by the following:"

(12)  Article 22 is amended as follows:

(a)  the following paragraph is added:"

"1a. Masters of Union fishing vessels used exclusively for the exploitation of aquaculture shall be exempted from paragraph 1."

(b)  paragraph 7 is replaced by the following:"

(c)  the following paragraph is added:"

(13)  in Article 23, paragraph 5 is replaced by the following:"

(14)  Article 24 is amended as follows:

(a)  the following paragraph is added:"

"1a. Masters of Union fishing vessels used exclusively for the exploitation of aquaculture shall be exempted from paragraph 1."

(b)  paragraph 8 is replaced by the following:"

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)." [Am. 11]

(c)  the following paragraph is added:"

(15)  in Article 25, paragraph 2 is replaced by the following:"

"2. For the purposes of the monitoring referred to in paragraph 1, each Member State shall establish a sampling plan based on the methodology adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 119(2) for the definition of vessels groups, risk levels and the estimation of the catch, and transmit it every year by 31 January to the Commission indicating the methods used for the establishment of this plan. The sampling plans shall be, as far as possible, stable over time and standardised within relevant geographical areas."

(16)  Article 28 is amended as follows:

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

"1. When it is so decided in accordance with the Treaty, masters of Union fishing vessels which are not equipped with a functioning vessel monitoring system as referred to in Article 9 or which do not transmit fishing logbook data electronically as referred to in Article 15 and which are subject to a fishing effort regime shall communicate by telex, fax, telephone message or e-mail duly recorded by the recipient or by radio via a radio station approved under Union rules the following information in the form of a fishing effort report to the competent authorities of his flag Member State and, where appropriate, to the coastal Member State immediately before each intro and exit from a geographical area subject to that fishing effort regime:"

(b)  the following paragraph is added:"

"3. The Commission may lay down detailed rules concerning the transmission of the fishing effort reports by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(17)  Article 32 is deleted.

(18)  Article 33 is amended as follows:

(a)  paragraph 7 is replaced by the following:"

"7. Without prejudice to Title XII, Member States may until 30 June 2011 carry out pilot projects with the Commission and the body designated by it on the real-time remote access to Member States data recorded and validated according to this Regulation. The data access format and procedures shall be considered and tested. Member States shall inform the Commission before 1 January 2011 if they plan to carry out pilot projects. As from 1 January 2012 it may be decided in accordance with the Treaty on a different way and frequency of data transmission to the Commission."

(b)  paragraph 10 is replaced by the following:"

"10. The Commission may lay down the formats for the transmission of the data referred to in this Article, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(19)  in Article 36, paragraph 2 is replaced by the following:"

"2. On the basis of the information under Article 35 or on its own initiative, where the Commission finds that fishing opportunities available to the Union, a Member State or group of Member States are deemed to have been exhausted, the Commission shall inform the Member States concerned thereof and shall, by means of implementing acts, prohibit fishing activities for the respective area, gear, stock, group of stocks or fleet involved in those specific fishing activities."

(20)  Article 37 is amended as follows:

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

"2. If the prejudice suffered by the Member State for which fishing has been prohibited before its fishing opportunities were exhausted has not been removed, the Commission shall adopt measures with the aim of remedying in an appropriate manner the prejudice caused, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2). Those measures may involve making deductions from the fishing opportunities of any Member State which has overfished and allocating the quantities so deducted appropriately to the Member States whose fishing activities were prohibited before their fishing opportunities were exhausted."

(b)  paragraph 4 is replaced by the following:"

"4. The Commission shall lay down detailed rules concerning the notification of a prejudice suffered, the identification of Member States which suffered prejudice and the amount of the prejudice, the identification of the Member States which have overfished and the quantities of fish caught in excess, the deductions to be made from the fishing opportunities of Member States which have overfished in proportion to the exceeded fishing opportunities, the additions to be made to the fishing opportunities of the prejudiced Member States in proportion to the prejudice suffered, the dates on which the additions and deductions shall take effect and, where appropriate, any other necessary measure on how to remedy the prejudice suffered, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(21)  in Article 38, paragraph 2 is replaced by the following:"

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(22)  in Article 40, paragraph 6 is replaced by the following:"

"6. The Commission shall lay down detailed rules concerning the certification of propulsion engine power and the physical verification of propulsion engine power by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(23)  in Article 41, the introductory phrase of paragraph 1 is replaced by the following:"

"1. Member States shall undertake, following a risk analysis, data verification of the consistency of engine power using all the information available to the administration concerning the technical characteristics of the vessel concerned. That data verification shall be established on the basis of a sampling plan based on the methodology adopted by the Commission by means of implementing acts in accordance with the examination procedure referred to in Article 119(2) on high risk criteria, the size of random samples and the technical documents to be verified. Member States shall verify in particular the information contained in:"

(24)  Article 43 is amended as follows:

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

"1. When a multiannual plan is adopted in accordance with the Treaty, it may be decided to include a threshold applicable to the live weight of species subject to that plan, above which a fishing vessel shall be required to land its catches in a designated port or a place close to the shore."

(b)  paragraph 7 is replaced by the following:"

"7. Member States shall be exempted from paragraph 5(c) if the national control action programme adopted in accordance with Article 46 contains a plan on how to perform control in designated ports, ensuring the same level of control by competent authorities. The plan shall be deemed satisfactory if agreed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 119(2)."

(25)  in Article 45, paragraph 2 is replaced by the following:"

"2. The relevant threshold and the frequency of the communication of the data referred to in paragraph 1 shall be established in each multiannual plan in accordance with the Treaty."

(26)  in Article 49, paragraph 2 is replaced by the following:"

"2. Without prejudice to Article 44, the Commission shall be empowered to adopt delegated acts in accordance with Article 119a, to adopt rules concerning the keeping on board of a stowage plan of processed products, indicating by species, where they are located in the hold."

(27)  in Article 50, paragraphs 1 and 2 are replaced by the following:"

"1. Fishing activities of Union fishing vessels and third country fishing vessels in fishing zones where a fishing restricted area has been established in accordance with the Treaty, shall be controlled by the fisheries monitoring centre of the coastal Member State, which shall have a system to detect and record the vessels' entry into, transit through and exit from the fishing restricted area.

2.  In addition to paragraph 1, a date from which the fishing vessels shall have an operational system on board which shall alert the master of the entry and exit into a fishing restricted area shall be established in accordance with the Treaty."

(28)  Article 51 is amended as follows:

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

"1. When a trigger catch level of a particular species or group of species has been reached, the area concerned shall be temporarily closed to the relevant fisheries in accordance with this Section. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a to establish the particular species or group of species to which the trigger catch level applies, taking into account the catch composition by species and/or by lengths in particular areas and/or fisheries."

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

"2. The trigger catch level shall be calculated on the basis of a sampling methodology established by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 119(2) for the definition of areas with a risk of reaching a trigger level and verification of the reaching of a trigger level, as the percentage or weight of a particular species or group of species compared to the total catch in a haul of the fish concerned."

(c)  paragraph 3 is deleted.

(29)  the following Article is inserted:"

"Article 51a

Detailed rules for implementation

The Commission may lay down detailed rules concerning the areas of real-time closures, the closure of fisheries and the information on real-time closures by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)"

(30)  Article 52 is replaced by the following:"

"1. Where the quantity of catches exceeds a trigger catch level in two consecutive hauls, the fishing vessel shall change the fishing area by a certain distance, from any position of the previous haul before continuing fishing and shall inform without delay the competent authorities of the coastal Member State.

2.  The distance referred to in paragraph 1 shall initially be at least five nautical miles, and two nautical miles for fishing vessels of less than 12 metres overall.

3.  The Commission shall be empowered to adopt, on its own initiative or at the request of the Member State concerned, delegated acts in accordance with Article 119a concerning the modification of the distances referred to in paragraphs 1 and 2, taking into account the following elements: [Am. 12]

(31)  in Article 54, paragraph 1 is replaced by the following:"

"1. On the basis of the information demonstrating that a trigger catch level has been reached, the Commission may determine, by means of implementing acts, an area to be temporarily closed if the coastal Member State has not itself established such a closure."

(32)  in Article 55, paragraph 4 and 5 are replaced by the following:"

"4. On the basis of a scientific evaluation of The Scientific, Technical and Economic Committee for Fisheries (STECF) shall evaluate the biological impact of recreational fisheries as referred to in paragraph 3. Where a recreational fishery is found to have a significant impact, management measures such as fishing authorisations and catch declarations may be adopted in accordance with the Treaty. [Am. 13]

5.  The Commission shall lay down detailed rules concerning the establishment of sampling plans as referred to in paragraph 3 and the notification and evaluation of sampling plans by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)"

(33)  Article 58 is amended as follows:

(a)  the following paragraphs are added:"

7b.  The information listed in points (a) to (h) of paragraph 5 shall not apply to fisheries and aquaculture products falling under Tariff headings 1604 and 1605 of the Combined Nomenclature."

(b)  paragraphs 8 and 9 are replaced by the following:"

"8. Member States may exempt from the requirements set out in this Article small quantities of products sold directly from fishing vessels to consumers, provided that these do not exceed a small value.

9.  The value referred to in paragraph 8 shall initially not exceed EUR 50 per day.

10.  The Commission shall be empowered to adopt delegated acts in accordance with the Article 119a concerning:

(g)  the information on fisheries and aquaculture products available to the consumer." [Am. 14]

(34)  in Article 59, paragraph 3 is replaced by the following:"

"3. A buyer acquiring fisheries products up to a certain weight threshold which are not thereafter placed on the market but used only for private consumption shall be exempted from this Article.

4.  The weight threshold referred to in paragraph 3 shall initially not exceed 30kg per day.

5.  The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning the modification of the weight threshold provided for in paragraph 4 taking into account the status of the stock concerned."

(35)  Article 60 is amended as follows:

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

"1. A Member State shall ensure that all fishery products are weighed on systems approved by the competent authorities unless it has adopted a sampling plan approved by the Commission and based on the risk-based methodology established by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 119(2) for the determination of the size of the samples, levels of risk, risk criteria and the information to be taken account of."

(b)  paragraph 7 is replaced by the following:"

(36)  Article 61 is replaced by the following:"

"Article 61

Weighing of fisheries products after transport from the place of landing

1.  By way of derogation from Article 60(2), Member States may permit fisheries products to be weighed after transport from the place of landing provided that they are transported to a destination on the territory of the Member State concerned and that that Member State has adopted a control plan approved by the Commission by means of an implementing act. That control plan shall be based on a risk-based methodology for the determination of the size of the samples, levels of risk, risk criteria and the content of control plans. The Commission shall adopt this sampling methodology by means of implementing acts in accordance with the examination procedure referred to in Article 119(2).

2.  By way of derogation from paragraph 1, the competent authorities of the Member State in which the fisheries products are landed may permit the transport before weighing of these products to registered buyers, registered auctions or other bodies or persons which are responsible for the first marketing of fisheries products in another Member State. That permission shall be subject to a common control programme between the Member States concerned as referred to in Article 94, which has been approved by the Commission by means of an implementing act. That common control programme shall be based on a risk-based methodology for the determination of the size of the samples, levels of risk, risk criteria and the content of control plans. The Commission shall adopt this sampling methodology by means of implementing acts in accordance with the examination procedure referred to in Article 119(2)."

(37)  in Article 64, paragraph 2 is replaced by the following:"

"2. "The Commission shall lay down detailed rules concerning the indication of individuals, the type of presentation and the indication of the price in sales notes, and the formats of sales notes by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)"

(38)  Article 65 is replaced by the following:"

"Article 65

Exemptions from sales notes requirements

1.  An exemption from the obligation to submit the sales note to the competent authorities or other authorised bodies of the Member State for fisheries products landed from certain categories of Union fishing vessels referred to in Articles 16 and 25 or for small quantities landed of fisheries products may be granted. That small quantity shall initially not exceed 50 kg of live weight equivalent by species. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a to grant such exemptions and adapt the small quantities taking into account the status of the stock concerned.

2.  A buyer acquiring products up to a certain weight threshold which is not thereafter placed on the market but used only for private consumption shall be exempted from the provisions laid down in Articles 62, 63 and 64. That weight threshold shall initially not exceed 30 kg. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning the modification of that weight threshold taking into account the status of the stock concerned."

(39)  in Article 71, paragraph 5 is replaced by the following:"

"5. The Commission shall determine the format of the surveillance report by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(40)  Article 73 is amended as follows:

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

"1. Where a Union control observer scheme has been established in accordance with the Treaty, control observers on board fishing vessels designated by Member States shall verify the fishing vessel's compliance with the rules of the common fisheries policy. They shall implement all the tasks of the observer scheme and in particular verify and record the vessel's fishing activities and relevant documents."

(b)  paragraph 9 is replaced by the following:"

(41)  in Article 74, paragraph 6 is replaced by the following:"

(42)  in Article 75, paragraph 2 is replaced by the following:"

"2. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning the obligations of the operator and of the master during inspections."

(43)  in Article 76, paragraph 4 is replaced by the following:"

"4. The Commission shall lay down detailed rules concerning common rules on content of inspection reports, the completion of inspection reports and on the transmission of a copy of the inspection report to the operator by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(44)  in Article 78, paragraph 2 is replaced by the following:"

"2. The Commission shall lay down detailed rules concerning the operation of the electronic database and the access of the Commission to it by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(45)  Article 79 is replaced by the following:"

"Article 79

Union inspectors

1.  The Commission shall establish a list of Union inspectors by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

2.  Without prejudice to the primary responsibility of the coastal Member States, Union inspectors may carry out inspections in accordance with this Regulation in Union waters, and on Union fishing vessels outside Union waters.

3.  Union inspectors may be assigned for:

4.  For the accomplishment of their tasks and subject to paragraph 5, Union inspectors shall have access without delay to:

to the same extent and under the same conditions as officials of the Member State in which the inspection takes place.

5.  Union inspectors shall have no police and enforcement powers beyond the territory of their Member State of origin, or outside the Union waters under the sovereignty and jurisdiction of their Member State of origin.

6.  When assigned as Union inspectors, officials of the Commission or of the body designated by it shall have no police and enforcement powers.

7.  The Commission shall lay down detailed rules concerning:

(46)  in Article 88, paragraph 2 is replaced by the following:"

"2. After consulting the two Member States concerned, the Commission shall, by means of implementing acts, fix the quantities of fish to be set against the quota of the Member State of landing or transhipment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(47)  in Article 92, paragraph 5 is replaced by the following:"

5a.  The Commission shall lay down detailed rules concerning

(48)  in Article 95, paragraph 1 is replaced by the following:"

"1. Certain fisheries may be subject to specific control and inspection programmes. The Commission may, by means of implementing acts, and in concert with the Member States concerned, determine which fisheries shall be subject to the specific control and inspection programmes on the basis of the need for specific and coordinated control of the fisheries in question. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(49)  in Article 102, paragraphs 3 and 4 are replaced by the following:"

"3. The Member States concerned shall inform the Commission of the results of the inquiry and forward a report to the Commission drawn up not more than three months after the Commission’s request. This period may be extended by the Commission, by means of implementing acts, on a duly reasoned request from the Member State, for a reasonable delay.

4.  If the administrative inquiry referred to in paragraph 2 does not lead to the removal of the irregularities or if the Commission identifies shortcomings in the control system of a Member State during the verifications or autonomous inspections referred to in Articles 98 and 99 or in the audit referred to in Article 100, the Commission shall, by means of implementing acts, establish an action plan with that Member State. The Member State shall take all necessary measures to implement that action plan."

(50)  Article 103 is amended as follows:

(a)  in paragraph 1, the introductory phrase is replaced by the following:"

"1. The Commission may decide to suspend, by means of implementing acts, for a maximum period of 18 months all or part of the payments of the Union financial assistance under Regulation (EC) No 1198/2006 and Article 8(a) of Regulation (EC) No 861/2006 where there is evidence that:"

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

"2. Where, during the period of suspension, the Member State concerned still fails to demonstrate that it has taken remedial action to ensure compliance with and the enforcement of applicable rules in the future or that there is no serious risk that the future effective operation of the Union control and enforcement system will be impaired, the Commission may, by means of implementing acts, cancel all or part of the Union financial assistance the payment of which was suspended pursuant to paragraph 1. Such cancellation shall only be made after the corresponding payment has been suspended for 12 months."

(c)  paragraph 8 is replaced by the following:"

(51)  Article 104 is amended as follows:

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

"1. Where a Member State does not respect its obligations for the implementation of a multiannual plan, and where the Commission has evidence that the failure to respect those obligations constitutes a serious threat to the conservation of the stock concerned, the Commission may, by means of implementing acts, provisionally close the fisheries affected by those shortcomings for the Member State concerned."

(b)  paragraph 4 is replaced by the following:"

"4. The Commission shall, by means of implementing acts, lift the closure after the Member State has demonstrated in writing to the satisfaction of the Commission that the fisheries can be safely exploited."

(52)  Article 105 is amended as follows:

(a)  in paragraph 2, the introductory phrase of the first subparagraph is replaced by the following:"

"2. In the case of an overfishing of a quota, allocation or share of a stock or a group of stocks available to a Member State in a given year the Commission shall, by means of implementing acts, operate deductions in the following year or years from the annual quota, allocation or share of the Member State which has overfished by applying a multiplying factor according to the following table:"

(b)  paragraphs 4, 5 and 6 are replaced by the following:"

"4. In the case of an overfishing of a quota, allocation or share of a stock or a group of stocks available to a Member State in earlier years, the Commission, after consultation of the Member State concerned, may, by means of implementing acts, deduct quotas from future quotas of that Member State to take account of the level of overfishing. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2).

5.  If a deduction according to paragraphs 1 and 2 cannot be operated on the quota, allocation or share of a stock or group of stocks that was overfished as such because that quota, allocation or share of a stock or group of stocks is not or not sufficiently available to the Member State concerned, the Commission, after consultation of the Member State concerned, may, by means of implementing acts, deduct in the following year or years quotas for other stocks or groups of stocks available to that Member State in the same geographical area, or with the same commercial value in accordance with paragraph 1.

6.  The Commission may lay down detailed rules concerning

(53)  Article 106 is amended as follows:

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

"1. When the Commission has established that a Member State has exceeded the fishing effort which has been allocated to it, the Commission shall, by means of implementing acts, operate deductions from future fishing effort of that Member State."

(b)  in paragraph 2, the introductory phrase is replaced by the following:"

"2. If the fishing effort in a geographical area or in a fishery available to a Member State is exceeded the Commission shall, by means of implementing acts, operate deductions in the following year or years from the fishing effort available to that Member State for the geographical area or the fishery concerned by applying a multiplying factor according to the following table:"

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

"3. If a deduction according to paragraph 2 cannot be operated on the maximum allowable fishing effort for a stock that was exceeded as such because such maximum allowable fishing effort for that stock is not or not sufficiently available to the Member State concerned, the Commission, by means of implementing acts, may deduct in the following year or years fishing effort available to that Member State in the same geographical area in accordance with paragraph 2.

4.  The Commission may lay down detailed rules concerning

(54)  Article 107 is amended as follows:

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

"1. Where there is evidence that rules on stocks subject to multiannual plans are not being complied with by a Member State and that this may lead to a serious threat to the conservation of these stocks, the Commission may, by means of implementing acts, operate deductions in the following year or years from the annual quotas, allocations or shares of a stock or group of stocks available to that Member State, applying the proportionality principle by taking into account the damage caused to the stocks."

(b)  paragraph 4 is replaced by the following:"

(55)  in Title XI, Chapter IV is replaced by the following:"

"CHAPTER IV

Temporary measures

Article 108

Temporary measures

1.  If there is evidence, including based on the results of the sampling carried out by the Commission, that fishing activities and/or measures adopted by a Member State or Member States undermine the conservation and management measures adopted in the framework of multiannual plans or threaten the marine eco-system and this requires immediate action, the Commission, upon a reasoned request of a Member State or on its own initiative, may decide, by means of implementing acts, on temporary measures which shall last not more than six months.

2.  The temporary measures provided for in paragraph 1 shall be proportionate to the threat and may include, inter alia:

3.  The Member State shall communicate the reasoned request referred to in paragraph 1 simultaneously to the Commission, to the other Member States and to the Advisory Councils concerned."

(56)  in Article 109, paragraph 8 is replaced by the following:"

"8. Member States shall establish a national plan for the implementation of the validation system covering the data listed under points (a) and (b) of paragraph 2 and to ensure the follow-up of inconsistencies. The plan shall allow Member States to make priorities for the validation and cross-checks and subsequent follow-up on inconsistencies based on risk management. The plan shall be submitted to the Commission for approval by 31 December 2011. The Commission shall, by means of implementing acts, approve the plans before 1 July 2012 having allowed for the Member States to make corrections. Amendments to the plan shall be submitted to the Commission on an annual basis for approval. The Commission shall approve the amendments to the plan by means of implementing acts."

(57)  in Article 110, paragraph 3 is replaced by the following:"

"3. Without prejudice to paragraphs 1 and 2, Member States may until 30 June 2012 carry out pilot project(s) with the Commission or the body designated by it to provide real-time remote access to Member States data on fishing opportunities recorded and validated according to this Regulation. When both the Commission and the Member State concerned are satisfied with the outcome of the pilot project, and as long as the remote access is functioning as agreed, the Member State concerned shall no longer be obliged to report on fishing opportunities as described in Article 33(2) and (8). The data access format and procedures shall be considered and tested. Member States shall inform the Commission before 1 January 2012 if they plan to carry out pilot project(s). As from 1 January 2013, rules on a different way and frequency of data transmission by Member States to ensure real time access may be decided in accordance with the Treaty."

(58)  in Article 111, paragraph 3 is deleted.

(59)  the following Article is inserted before the heading of Chapter II:"

"Article 111a

Detailed rules for the implementation of provisions on data

The Commission shall, by means of implementing acts, lay down detailed rules on checking the quality, compliance with deadlines for submission of data, cross-checks, analysis, verification of the data and on establishing a standardised format for the download and exchange of data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(60)  in Article 114, paragraph 1 is replaced by the following:"

"1. For the purpose of this Regulation each Member State shall set up before 1 January 2012 at the latest an official website accessible via Internet and containing the information listed in Articles 115 and 116. Member States shall communicate the Internet address of their official website to the Commission. The Commission may decide to develop, by means of implementing acts, common standards and procedures to ensure transparent communication between the Member States themselves as well as between the Member States, the t body designated by it and the Commission, including transmission of regular snapshots on records of fishing activities in relation to fishing possibilities."

(61)  in Article 116, paragraph 6 is deleted.

(62)  the following Article is inserted before Title XIII:"

"Article 116a

Detailed rules for implementation of provisions on websites and web services

The Commission shall lay down detailed rules concerning the operation of websites and web services by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)"

(63)  in Article 117, paragraph 4 is replaced by the following:"

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(64)  in Article 118, paragraph 5 is replaced by the following:"

"5. The Commission shall lay down detailed rules concerning the content and the format of the reports by Member States, by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

(65)  Article 119 is replaced by the following:"

"Article 119

Committee procedure

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

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

(66)  the following Article is inserted:"

"Article 119a

Exercise of the delegation

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

2.  The delegation of powers power to adopt delegated acts referred to in Articles 7(6), 8(2), 9(10), 14(11), 15(9), 17(6), 21(6), 22(7), 49(2), 51(1), 52(3), 58(10), 58(11), 59(5), 60(7), 65(1), 65(2), 73(9), 74(6), 75(2), 92(5a), and 107(4) shall be conferred on the Commission for an indeterminate a period of time three years from …(6).

The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the three-year period. In that report, the Commission shall evaluate the effectiveness of the acts adopted in the light of the objectives of this Regulation and the Common Fisheries Policy, to ensure, in particular, that the control is carried out fairly, for example by using comparative indicators.

The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 15]

3.  The delegation of powers referred to in Articles 7(6), 14(11), 15(9), 21(6), 22(7), 49(2), 51(1), 52(3), 58(10), 58(11), 59(5), 60(7), 65(1), 65(2), 73(9), 74(6), 75(2), 92(5a), and 107(4) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5.  A delegated act adopted pursuant to Articles 7(6), 14(11), 15(9), 21(6), 22(7), 49(2), 51(1), 52(3), 58(10), 58(11), 59(5), 60(7), 65(1), 65(2), 73(9), 74(6), 75(2), 92(5a), and 107(4) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council."

Article 2

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

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

Done at …,

For the European Parliament For the Council

The President The President

(1) OJ C 198, 10.7.2013, p. 71. (2) OJ C 198, 10.7.2013, p. 71. (3) Position of the European Parliament of 5 February 2014. (4) Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fishery policy (OJ L 343, 22.12.2009, p.1). (5) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p.13). (6) The date of the entry into force of this Regulation.

European Parliament legislative resolution of 5 February 2014 on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast) (COM(2011)0772 – C7-0426/2011 – 2011/0356(COD))

P7_TA(2014)0084 A7-0255/2012

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0772),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0426/2011),

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

–  having regard to the opinion of the European Economic and Social Committee of 28 March 2012(1),

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

–  having regard to the letter of 27 March 2012 from the Committee on Legal Affairs to the Committee on the Internal Market and Consumer Protection in accordance with Rule 87(3) of its Rules of Procedure,

–  having regard to the undertaking given by the Council representative by letter of 11 October 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0255/2012),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

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

2.  Approves its statement annexed hereto, which will be published in the L series of the Official Journal of the European Union together with the final legislative act;

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

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

Position of the European Parliament adopted at first reading on 5 February 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/34/EU.)

ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT OF THE EUROPEAN PARLIAMENT

The European Parliament considers that only when and insofar as implementing acts in the sense of Regulation (EU) No 182/2011 are discussed in meetings of committees, can the latter be considered as "comitology committees" within the meaning of Annex I to the Framework Agreement on the relations between the European Parliament and the European Commission. Meetings of committees thus fall within the scope of point 15 of the Framework Agreement when and insofar as other issues are discussed.

(1) OJ C 181, 21.6.2012, p. 105. (2) OJ C 77, 28.3.2002, p. 1.

European Parliament legislative resolution of 5 February 2014 on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (recast) (COM(2011)0771 – C7-0423/2011 – 2011/0349(COD))

P7_TA(2014)0085 A7-0256/2012

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0771),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0423/2011),

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

–  having regard to the opinion of the European Economic and Social Committee of 28 March 2012(1),

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

–  having regard to the letter of 27 March 2012 from the Committee on Legal Affairs to the Committee on the Internal Market and Consumer Protection in accordance with Rule 87(3) of its Rules of Procedure,

–  having regard to the undertaking given by the Council representative by letter of 11 October 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0256/2012),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

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

2.  Approves its statement annexed hereto, which will be published in the L series of the Official Journal of the European Union together with the final legislative act;

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

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

Position of the European Parliament adopted at first reading on 5 February 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/28/EU.)

ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT OF THE EUROPEAN PARLIAMENT

The European Parliament considers that only when and insofar as implementing acts in the sense of Regulation (EU) No 182/2011 are discussed in meetings of committees, can the latter be considered as "comitology committees" within the meaning of Annex I to the Framework Agreement on the relations between the European Parliament and the European Commission. Meetings of committees thus fall within the scope of point 15 of the Framework Agreement when and insofar as other issues are discussed.

(1) OJ C 181, 21.6.2012, p. 105. (2) OJ C 77, 28.3.2002, p. 1.

European Parliament legislative resolution of 5 February 2014 on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to making available on the market of non-automatic weighing instruments (recast) (COM(2011)0766 – C7-0430/2011 – 2011/0352(COD))

P7_TA(2014)0086 A7-0257/2012

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0766),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0430/2011),

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

–  having regard to the opinion of the European Economic and Social Committee of 28 March 2012(1),

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

–  having regard to the letter of 27 March 2012 from the Committee on Legal Affairs to the Committee on the Internal Market and Consumer Protection in accordance with Rule 87(3) of its Rules of Procedure,

–  having regard to the undertaking given by the Council representative by letter of 11 October 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0257/2012),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

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

2.  Approves its statement annexed hereto, which will be published in the L series of the Official Journal of the European Union together with the final legislative act;

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

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

Position of the European Parliament adopted at first reading on 5 February 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/31/EU.)

ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT OF THE EUROPEAN PARLIAMENT

The European Parliament considers that only when and insofar as implementing acts in the sense of Regulation (EU) No 182/2011 are discussed in meetings of committees, can the latter be considered as "comitology committees" within the meaning of Annex I to the Framework Agreement on the relations between the European Parliament and the European Commission. Meetings of committees thus fall within the scope of point 15 of the Framework Agreement when and insofar as other issues are discussed.

(1) OJ C 181, 21.6.2012, p. 105. (2) OJ C 77, 28.3.2002, p. 1.

European Parliament legislative resolution of 5 February 2014 on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast) (COM(2011)0765 – C7-0429/2011 – 2011/0351(COD))

P7_TA(2014)0087 A7-0258/2012

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0765),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0429/2011),

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

–  having regard to the opinion of the European Economic and Social Committee of 28 March 2012(1),

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

–  having regard to the letter of 27 March 2012 from the Committee on Legal Affairs to the Committee on the Internal Market and Consumer Protection in accordance with Rule 87(3) of its Rules of Procedure,

–  having regard to the undertaking given by the Council representative by letter of 11 October 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0258/2012),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

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

2.  Approves its statement annexed hereto, which will be published in the L series of the Official Journal of the European Union together with the final legislative act;

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

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

Position of the European Parliament adopted at first reading on 5 February 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/30/EU.)

ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT OF THE EUROPEAN PARLIAMENT

The European Parliament considers that only when and insofar as implementing acts in the sense of Regulation (EU) No 182/2011 are discussed in meetings of committees, can the latter be considered as "comitology committees" within the meaning of Annex I to the Framework Agreement on the relations between the European Parliament and the European Commission. Meetings of committees thus fall within the scope of point 15 of the Framework Agreement when and insofar as other issues are discussed.

(1) OJ C 181, 21.6.2012, p. 105. (2) OJ C 77, 28.3.2002, p. 1.

European Parliament legislative resolution of 5 February 2014 on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (recast) (COM(2011)0773 – C7-0427/2011 – 2011/0357(COD))

P7_TA(2014)0088 A7-0259/2012

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0773),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0427/2011),

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

–  having regard to the opinion of the European Economic and Social Committee of 28 March 2012(1),

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

–  having regard to the letter of 27 March 2012 from the Committee on Legal Affairs to the Committee on the Internal Market and Consumer Protection in accordance with Rule 87(3) of its Rules of Procedure,

–  having regard to the undertaking given by the Council representative by letter of 11 October 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0259/2012),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

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

2.  Approves its statement annexed hereto, which will be published in the L series of the Official Journal of the European Union together with the final legislative act;

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

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

Position of the European Parliament adopted at first reading on 5 February 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council on the harmonisation of the laws of Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/35/EU.)

ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT OF THE EUROPEAN PARLIAMENT

The European Parliament considers that only when and insofar as implementing acts in the sense of Regulation (EU) No 182/2011 are discussed in meetings of committees, can the latter be considered as "comitology committees" within the meaning of Annex I to the Framework Agreement on the relations between the European Parliament and the European Commission. Meetings of committees thus fall within the scope of point 15 of the Framework Agreement when and insofar as other issues are discussed.

(1) OJ C 181, 21.6.2012, p. 105. (2) OJ C 77, 28.3.2002, p. 1.

European Parliament legislative resolution of 5 February 2014 on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to making available on the market of lifts and safety components for lifts (recast) (COM(2011)0770 – C7-0421/2011 – 2011/0354(COD))

P7_TA(2014)0089 A7-0260/2012

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0770),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0421/2011),

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

–  having regard to the opinion of the European Economic and Social Committee of 28 March 2012(1),

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

–  having regard to the letter of 27 March 2012 from the Committee on Legal Affairs to the Committee on the Internal Market and Consumer Protection in accordance with Rule 87(3) of its Rules of Procedure,

–  having regard to the undertaking given by the Council representative by letter of 11 October 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0260/2012),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

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

2.  Approves its statement annexed hereto, which will be published in the L series of the Official Journal of the European Union together with the final legislative act;

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

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

Position of the European Parliament adopted at first reading on 5 February 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/33/EU.)

ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT OF THE EUROPEAN PARLIAMENT

The European Parliament considers that only when and insofar as implementing acts in the sense of Regulation (EU) No 182/2011 are discussed in meetings of committees, can the latter be considered as "comitology committees" within the meaning of Annex I to the Framework Agreement on the relations between the European Parliament and the European Commission. Meetings of committees thus fall within the scope of point 15 of the Framework Agreement when and insofar as other issues are discussed.

(1) OJ C 181, 21.6.2012, p. 105. (2) OJ C 77, 28.3.2002, p. 1.

European Parliament legislative resolution of 5 February 2014 on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to making available on the market of simple pressure vessels (recast) (COM(2011)0768 – C7-0428/2011 – 2011/0350(COD))

P7_TA(2014)0090 A7-0261/2012

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0768),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0428/2011),

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

–  having regard to the opinion of the European Economic and Social Committee of 28 March 2012(1),

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

–  having regard to the letter of 27 March 2012 from the Committee on Legal Affairs to the Committee on the Internal Market and Consumer Protection in accordance with Rule 87(3) of its Rules of Procedure,

–  having regard to the undertaking given by the Council representative by letter of 11 October 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0261/2012),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

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

2.  Approves its statement annexed hereto, which will be published in the L series of the Official Journal of the European Union together with the final legislative act;

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

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

Position of the European Parliament adopted at first reading on 5 February 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/29/EU.)

ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT OF THE EUROPEAN PARLIAMENT

The European Parliament considers that only when and insofar as implementing acts in the sense of Regulation (EU) No 182/2011 are discussed in meetings of committees, can the latter be considered as "comitology committees" within the meaning of Annex I to the Framework Agreement on the relations between the European Parliament and the European Commission. Meetings of committees thus fall within the scope of point 15 of the Framework Agreement when and insofar as other issues are discussed.

(1) OJ C 181, 21.6.2012, p. 105. (2) OJ C 77, 28.3.2002, p. 1.

European Parliament legislative resolution of 5 February 2014 on the proposal for a directive of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to making available on the market of measuring instruments (recast) (COM(2011)0769 – C7-0422/2011 – 2011/0353(COD))

P7_TA(2014)0091 A7-0376/2012

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0769),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0422/2011),

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

–  having regard to the opinion of the European Economic and Social Committee of 28 March 2012(1),

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

–  having regard to the letter of 8 October 2012 from the Committee on Legal Affairs to the Committee on the Internal Market and Consumer Protection in accordance with Rule 87(3) of its Rules of Procedure,

–  having regard to the undertaking given by the Council representative by letter of 11 October 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0376/2012),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

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

2.  Approves its statement annexed hereto, which will be published in the L series of the Official Journal of the European Union together with the final legislative act;

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

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

Position of the European Parliament adopted at first reading on 5 February 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/32/EU.)

ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT OF THE EUROPEAN PARLIAMENT

The European Parliament considers that only when and insofar as implementing acts in the sense of Regulation (EU) No 182/2011 are discussed in meetings of committees, can the latter be considered as "comitology committees" within the meaning of Annex I to the Framework Agreement on the relations between the European Parliament and the European Commission. Meetings of committees thus fall within the scope of point 15 of the Framework Agreement when and insofar as other issues are discussed.

(1) OJ C 181, 21.6.2012, p. 105. (2) OJ C 77, 28.3.2002, p. 1.

European Parliament legislative resolution of 5 February 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air (COM(2013)0130 – C7-0066/2013 – 2013/0072(COD))

P7_TA(2014)0092 A7-0020/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0130),

–  having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0066/2013),

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

–  having regard to the opinion of the European Economic and Social Committee of 11 July 2013(1),

–  after consulting the Committee of the Regions,

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

–  having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on the Internal Market and Consumer Protection (A7-0020/2014),

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 5 February 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Council Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air

(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 100(2) thereof,

Having regard to the proposal from the European Commission,

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

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

Having regard to the opinion of the Committee of the Regions(3),

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

Whereas:

(1)  Regulation (EC) No 261/2004 of the European Parliament and of the Council(5), and Council Regulation (EC) No 2027/97(6) have significantly contributed to protecting the rights of air passengers when their travel plans are disrupted by denied boarding, long delays, cancellations or mishandled baggage.

(2)  A number of shortcomings revealed during the implementation of the rights under the Regulations, have however prevented their full potential in terms of passenger protection from being realised. In order to ensure a more effective, efficient and consistent application of air passenger rights across the Union, a series of adjustments to the current legal framework is required. This was underlined in the Commission 2010 EU Citizenship Report on dismantling obstacles to EU citizens' rights which announced measures to ensure a set of common rights notably for air passengers and the adequate enforcement of these rights.

(2a)  Air transport services are prepaid by the passenger and directly or indirectly subsidised by the taxpayer. Flight tickets should therefore be considered to be "result contracts", whereby the airlines guarantee to fulfil the obligations of the contract with the utmost care. [Am. 1]

(3)  In order to increase legal certainty for air carriers and passengers, a more precise definition of the concept of "extraordinary circumstances" is needed, which takes into account the judgement of the European Court of Justice in the case C-549/07 (Wallentin-Hermann). Such a definition should be further clarified via a non-exhaustive exhaustive list of circumstances that are clearly identified as extraordinaryor not. 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 to make additions, where necessary, to that list. [Am. 2]

(4)  In the case C-173/07 (Emirates), the European Court of Justice held that the concept of ‘flight’ within the meaning of Regulation (EC) No 261/2004 must be interpreted as consisting essentially of an air transport operation, as a ‘unit’ of such transport, performed by an air carrier which fixes its itinerary. In order to avoid uncertainty, a clear definition of a "flight" should now be provided, as well as for the associated notions of "connecting flight" and "journey".

(5)  In the case Case C-22/11 (Finnair), the European Court of Justice decided that the concept of ‘denied boarding’ must be interpreted as relating not only to cases where boarding is denied because of overbooking but also to those where boarding is denied on other grounds, such as operational reasons. Given this confirmation, there is no reason to modify the current The definition of "denied boarding" should cover cases where the scheduled time of departure has been changed to an earlier departure with the consequence that a passenger misses the flight. [Am. 3]

(6)  Regulation (EC) No 261/2004 also applies to passengers that have booked their air transport as part of a package travel. However, it should be clarified that passengers may not cumulate corresponding rights, in particular under both this Regulation and Council Directive 90/314/EEC(7). The passengers should be able to choose under which law they introduce their claims, but should not have the right to cumulate compensation for the same problem under both legal acts. Passengers should not be concerned about how air carriers and tour operators allocate such claims between them. Air carriers and tour operators should give passengers the evidence necessary for them to finalise their claims without delay. [Am. 4]

(7)  In order to improve levels of protection, it should not be possible for passengers should not to be denied boarding on a section of the return journey of a two-way (return) ticket because on the grounds that they have not taken the outward journey not travelled on every leg of the journey covered by the ticket. [Am. 5]

(8)  At present, passengers are sometimes penalised for spelling errors in their names by the application of punitive administrative fees. Reasonable Corrections of booking errors should be provided free of charge provided they do not imply a change of times, date, itinerary or passenger. [Am. 6]

(9)  It should be clarified that in cases of cancellation the choice between receiving reimbursement, continuation of travel by re-routing or travel later on the same day or at a later date is the decision of the passenger and not that of the air carrier. [Am. 7]

(9a)  Where a passenger cancels a flight, air carriers should be obliged to refund, free of charge, taxes which have already been paid. [Am. 8]

(9b)  If the passenger opts, in accordance with an agreement, to travel at a later time, the costs of travelling to and from the airport for the cancelled flight should always be reimbursed in full. Those costs should always include public transport fares, taxi fares and parking charges at the airport. [Am. 9]

(9c)  The financial protection of passengers in the event of airline failure is a key component of an effective passenger rights regime. In order to strengthen air passengers’ protection in the event of cancellations of flights due to the insolvency of an air carrier or the suspension of an air carrier’s operations due to the revocation of its operating licence, air carriers should be obliged to provide sufficient evidence of security for the reimbursement of passengers or their repatriation. [Am. 10]

(9d)  The creation of a guarantee fund or a compulsory insurance scheme will for example enable air carriers to ensure that passengers can be reimbursed or repatriated when their flights are cancelled due to the insolvency of an air carrier or the suspension of its operations as the result of the revocation of its operating licence. [Am. 11]

(10)  Airports The airport managing body and airport users such as air carriers, and ground handling companies, navigation service providers and assistance providers for disabled passengers and passengers with reduced mobility should cooperate take adequate measures to enforce coordination and cooperation between airport users in order to minimise the impact of multiple flight disruptions on passengers by ensuring their care and rerouting. To this end, they should prepare airport managing bodies should ensure adequate coordination by means of a proper contingency plans plan for such occurrences and work together with national, regional or local authorities in the development of such plans. Such plans should be assessed by the National Enforcement Bodies which may require adaptations, where necessary. [Am. 12]

(10a)  Air carriers should set up procedures and coordinated action in order to provide adequate information to stranded passengers. Those procedures should clearly indicate who is to be responsible at each airport for arranging the care, assistance, re-routing or reimbursement and should set out the processes and conditions for the provision of those services. [Am. 13]

(10b)  In order to assist passengers in the case of flight disruptions or delayed, damaged or lost luggage, air carriers should set up contact points at airports where their personnel or third parties commissioned by them should provide passengers with the necessary information regarding their rights, including complaint procedures, and assist them to take immediate action. [Am. 14]

(11)  Regulation (EC) No 261/2004 should explicitly include the right to compensation for passengers suffering long delays, in line with the judgement of the European Court of Justice in the Joined cases C-402/07 and C-432/07 (Sturgeon)At the same time, the and with the principle of equal treatment, which requires that comparable situations must not be treated differently. The thresholds above which delays give rise to a right to compensation should be increased, inter alia to take account of the financial impact on the sector. and to avoid any increase in the frequency of cancellations as a consequence. To ensure They should have the effect of ensuring that citizens travelling within the EU face homogenous conditions for compensation., the threshold should be the same for all travel within the Union, but it should depend upon At the same time, certain thresholds should be put higher depending on the journey distance for travel to and from third countries to take into account the operational difficulties encountered by air carriers to deal with delays on remote airports. As regards the amount of compensation, the same rate should always be applied to the same distance of the flight involved. [Am. 15]

(12)  To ensure legal certainty, Regulation (EC) No 261/2004 should explicitly confirm that the changing of flight schedules has a similar impact on passengers to long delays or denied boarding and should therefore give rise to similar rights. [Am. 16]

(13)  Passengers missing a connecting flight due to a change of schedule or delay should be properly cared for while waiting for re-routing. In line with the principle of equal treatment and the judgement of the European Court of Justice in Case C-11/11 (Air France v. Folkerts), such passengers should be able to claim compensation on a similar basis to passengers whose flights are delayed or cancelled in light of the delay upon reaching the final destination of their journey. [Am. 17]

(13a)  In principle, it should be the air carrier causing the change of schedule or the delay that is obliged to offer assistance and re-routing. However, in order to reduce the economic burden on the air carrier concerned, the compensation to be paid to the passenger should be in relation to the delay of a preceding connecting flight at the transfer point. [Am. 18]

(13b)  Disabled passengers or passengers with reduced mobility who miss a connecting flight due to a delay caused by airport assistance services should be adequately cared for while they are waiting for re-routing. Such passengers should be able to claim compensation from the airport managing body on a similar basis to passengers whose flights are delayed or cancelled by the air carrier. [Am. 19]

(14)  In order to enhance passenger protection, it should be clarified that delayed passengers enjoy rights to care and compensation irrespective of whether they are waiting in the airport terminal or are already seated on board the aircraft. However, as the latter have no access to the services available in the terminal, their rights should be reinforced with regard to basic needs and with regard to the right to disembark.

(15)  Where a passenger has taken up the choice of rerouting at the earliest possibility, the air carrier often makes the rerouting conditional upon the availability of seats on its own services, thereby denying their passengers the option of being rerouted more quickly by alternative services. It should be established that after a certain period of time has elapsed, the carrier should offer rerouting on another carrier's services or on other transport modes where this can speed up rerouting. Alternative rerouting should be dependent upon the availability of seats.

(16)  Air carriers currently face unlimited liability for the accommodation of their passengers in the case of extraordinary circumstances of long duration. This uncertainty linked with the absence of any foreseeable limit in time may risk endangering a carrier's financial stability. An air carrier should therefore, however, be able to limit the provision of care as regards the duration of accommodation and, in cases where passengers arrange the accommodation themselves, as regards costs and care after a certain duration of time. Moreover, contingency planning and speedy rerouting should lessen the risk of passengers being stranded for long periods. [Am. 20]

(17)  The implementation of certain passenger rights, in particular the right to accommodation, has been shown to be out of proportion to air carriers' revenues for certain small-scale operations. Flights performed by small aircraft on short distances should therefore be exempted from the obligation to pay for accommodation, although the carrier should still help the passenger to find such accommodation. [Am. 21]

(18)  For disabled persons, persons with reduced mobility and other persons with special needs such as unaccompanied children, pregnant women and persons in need of specific medical attention, it may be more difficult to arrange accommodation when flight disruptions occur. Therefore, any limitations on the right for accommodation in cases of extraordinary circumstances or for regional operations should not on no account apply to these categories of passenger. [Am. 22]

(18a)  Where the Community air carrier requires disabled persons or persons with reduced mobility to be accompanied by a carer, carers should not be subject to the payment of the relevant airport departure tax. [Am. 23]

(18b)  The service providers should ensure that persons with reduced mobility and people with disabilities have the right, at all times, to use safety-approved respiratory devices on aircraft, free of charge. The Commission should draw up a list of approved medical oxygen equipment in cooperation with the industry and organisations representing people with disabilities and PRMS, taking due account of safety requirements. [Am. 24]

(19)  The reasons behind the current level of long delays and cancelled flights in the EU are not attributable solely to air carriers. In order to incentivise all actors in the aviation chain to seek efficient and timely solutions to minimise the inconvenience that long delays and cancellations cause to passengers, air carriers should have the right to seek redress from any third party which contributed to the event triggering compensation or other obligations.

(20)  Passengers should not only be correctly informed about their rights in cases of flight disruption, change of schedule and denied boarding, but they should also be adequately informed about the cause of the disruption itself, as soon as the information becomes available. This information should also be provided by the air carrier where the passenger has acquired the ticket through an intermediary established in the Union. Passengers should also be informed as to the simplest and most rapid procedures for making claims and complaints, in order to enable them to exercise their rights. [Am. 25]

(21)  In order to ensure a better enforcement of passenger rights, the role of the National Enforcement Bodies should be more precisely defined and clearly distinguished from the handling of individual passenger complaints.

(21a)  To assist National Enforcement Bodies in fulfilling their role regarding the enforcement of this Regulation, air carriers should provide them with relevant compliance documentation that demonstrates their proper compliance with all relevant Articles of this Regulation. [Am. 26]

(21b)  As commercial aviation is an integrated Union market, measures to guarantee enforcement of this Regulation will be more effective at Union level with increased involvement of the European Commission. Specifically, the European Commission should increase awareness among the flying public of compliance by air carriers with passenger rights requirements by publishing a list of carriers that systematically fail to comply with this Regulation. [Am. 27]

(22)  Passengers should be adequately informed about the relevant procedures for submitting claims and complaints to air carriers, should have their attention drawn to the time limits applicable in this connection, particularly those laid down in Article 16a(2) and should receive a reply within a reasonable time period the shortest period possible. Passengers should also have the option to complain about air carriers via out-of-court measures. Member States should provide for well equipped-mediation services, where it was not possible for a conflict between the passenger and the airline to be solved. However, since the right to an effective remedy before a tribunal is a fundamental right recognised in Article 47 of the Charter of Fundamental Rights of the European Union, those measures should neither prevent nor hinder passengers' access to courts. For this purpose, they should always be given the addresses and contact details of all bodies responsible for completion of the relevant formalities in each country. In order to enable claims to be processed easily, quickly and cheaply in both judicial and extrajudicial procedures, reference should be made, in particular, to the online and alternative dispute resolution procedures and to the European Small Claims Procedure. [Am. 28]

(22a)  Before a claim is submitted, a complaint should always be lodged. [Am. 29]

(23)  In case C-139/11 (Moré vs KLM), the European Court of Justice clarified that the time-limits for bringing actions for compensation are determined in accordance with the national rules of each Member State.As regards out-of-court settlements, time-limits are determined in accordance with Directive 2013/11/EU of the European Parliament and of the Council(8). [Am. 30]

(24)  A regular flow of information between the Commission and enforcement bodies would enable the Commission to better fulfil its monitoring and coordinating role of the national bodies and to support them.

(25)  In order to ensure uniform conditions for the implementation of Regulation (EC) No 261/2004, implementing powers should be conferred to the Commission. These powers should be exercised in accordance with Regulation (EC) No 182/2011 of the European Parliament and of the Council(9).

(26)  The advisory procedure should be used for adopting implementing decisions with regard to the content of the activity reports provided by the Member States to the Commission.

(26a)  In order to increase legal certainty for passengers and air carriers, it should be possible to clarify the concept of ‘extraordinary circumstances’ on the basis of the work of the National Enforcement Bodies and Court Judgments. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work with the National Enforcement Bodies. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 31]

(27)  In order to ensure that the damage to or loss of mobility equipment is compensated to its full value, air carriers should offer free of charge to persons and airport assistance services shall inform disabled passengers or passengers with reduced mobility at the time of booking and again at check-in of the opportunity to make a special declaration of interest, which pursuant to the Montreal Convention, allows them to seek full compensation for loss or damage. Air carriers should inform passengers of this declaration and the rights attaching to it whenever they make a ticket booking. [Am. 32]

(28)  Passengers are sometimes confused about the baggage they are allowed to take on board, in terms of dimensions, weight or number of items. In order to ensure that passengers are fully aware of the baggage allowances included in their ticket, both for cabin and hold baggage, air carriers should clearly indicate these allowances at booking and at the airport.

(29)  Musical instruments should as far as possible be accepted as baggage within the passenger cabin and, where this is not possible, should where possible be carried under the appropriate conditions in the cargo compartment of the aircraft. In order to allow the passengers concerned to assess whether their instrument can be stored in the cabin, air carriers should inform them about the size of storage facilities. Regulation (EC) No 2027/97 should be amended accordingly. [Am. 33]

(30)  In order to ensure the correct and consistent application of the rights conferred to passengers by Regulation (EC) No 2027/97, the National Enforcement Bodies designated under Regulation (EC) No 261/2004 should also monitor and enforce the rights under Regulation (EC) No 2027/97.

(31)  Given the short deadlines for the submission of complaints for lost, damaged or delayed baggage, air carriers should give passengers a special baggage claim service should be set up at all airports where passengers have the possibility to submit a complaint by providing upon arrival. For this purpose, air carriers should provide a complaint form at the airport in all EU official languages to passengers. This could also take the form of the common Property Irregularity Report (PIR). The Commission should lay down the form of the standardised claim form through implementing acts. [Am. 34]

(32)  Article 3(2) of Regulation (EC) No 2027/97 has become obsolete as insurance matters are now regulated by Regulation (EC) No 785/2004 of the European Parliament and of the Council(10). It should accordingly be deleted.

(33)  It is necessary that the monetary limits expressed in Regulation (EC) No 2027/97 should be amended in order to take into account economic developments, as reviewed by the International Civil Aviation Organization (ICAO) in 2009 pursuant to Article 24(2) of the Montreal Convention.

(34)  In order to ensure the continued correspondence between Regulation (EC) No 2027/97 and the Montreal Convention, 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. This power will allow the Commission to amend the monetary limits expressed in Regulation (EC) No 2027/97 in case they are adapted by the International Civil Aviation Organization (ICAO) pursuant to Article 24(2) of the Montreal Convention.

(35)  This Regulation should respect fundamental rights and observe the principles recognised in particular by the Charter of Fundamental Rights of the European Union, notably consumer protection, the right to protection of personal data, the prohibition of any form of discrimination and the integration of persons with disabilities, the right to an effective remedy and to a fair trial.

(35a)  In order to improve passenger protection beyond Union borders, passenger rights should be addressed in bilateral and international agreements. [Am. 35]

(35b)  Specific facilities for severely disabled passengers requiring changing and toilet facilities (so-called 'changing places') should be provided at no cost to the passenger at all Union airports with an annual throughput of more than 1 million passengers. [Am. 36]

(35c)  The national enforcement bodies set up by the Member States ('NEBs') do not always have sufficient power to ensure the effective protection of passenger rights. Member States should therefore give NEBs sufficient power to sanction infringements and to resolve disputes between passengers and industry, and all NEBs should fully investigate all complaints received, [Am. 37]

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 261/2004 is amended as follows:

-1. In Article 1(1) the following point is added:"

'(d) in case of downgrading;' [Am. 38]

-1a. In Article 1(1) the following point is added:"

'(e) they miss a connecting flight;' [Am. 39]

-1b. In Article 1, paragraph 3 is deleted. [Am. 174/rev]

1.  Article 2 is amended as follows:

(a)  The definition in point (c) is replaced by the following:"

'"Community air carrier" means an air carrier with a valid operating licence granted by a Member State in accordance with the provisions of Regulation (EC) No 1008/2008 of the European Parliament and of the Council*.

_________________________

* Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3).'.

(b)  The definition in point (d) is replaced by the following:"

'"Organiser" means a the person within the meaning of Article 2(2) of Council Directive 90/314/EEC of 13 June 1990 on who, other than occasionally, organises packages package holidays and package tours(11); and sells or offers them for sale, whether directly or through a retailer; ' [Am. 40]

(ba)  Point (g) is replaced by the following:"

'"reservation" means the fact that the passenger has a ticket, or other proof, which indicates that the reservation has been accepted and registered by the air carrier or organiser; '. [Am. 41]

(c)  The definition in point(i) is replaced by the following:"

'"disabled person or person with reduced mobility" means any person as defined in Article 2(a) of Regulation (EC) No 1107/2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or due to age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers;.' [Am. 42]

(ca)  Point (j) is replaced by the following:"

‘"denied boarding" means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation. A flight for which the scheduled time of departure has been brought forward with the consequence that the passenger misses that flight shall be considered a flight for which the passenger has been denied boarding.’ [Am. 43]

(d)  The following sentence is added to the definition of "cancellation" in point (l):"

'A flight where the aircraft took off but, for whatever reason, was subsequently forced to land at an airport other than the airport of destination or to return to the airport of departure and where the passengers of the aircraft concerned were transferred to departure on other flights, shall be considered a cancelled flight.' [Am. 44]

(e)  The following definitions are added:"

2.  Article 3 is amended as follows:

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

'3. This Regulation shall not apply to passengers who travel free of charge or at a reduced fare which is not available directly or indirectly to the public, including children aged under the age of two for whom no separate seat has been booked. However, it shall apply to passengers that have tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator.' [Am. 54]

(b)  Paragraph 4 is replaced by the following:"

'4. Without prejudice to Article 8(6), this Regulation shall only apply to passengers transported by motorised fixed wing aircraft. However, where a part of the journey is carried out, in accordance with a single contract of carriage and on the basis of a single reservation, by another mode of transport or by helicopter, this Regulation Article 6a shall apply for to the whole journey and the part of the journey carried out by another mode of transport shall be considered as a connecting flight for the purposes of this Regulation provided that that other mode of transport was indicated in the contract of carriage. The air carrier shall be responsible for ensuring that this Regulation applies for the whole journey.' [Am. 55]

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

'6. This Regulation shall also apply to air passengers transported according to package travel contracts but shall not affect the rights of passengers under Directive 90/314/EEC. The passenger shall be entitled to present claims under this Regulation to the air carrier and under Directive 90/314/EEC to the organiser, but may not in relation to the same facts cumulate rights under both legal acts if the rights safeguard the same interest or have the same objective. This Regulation shall not apply in cases where a package tour is cancelled or delayed for reasons other than cancellation or delay of the flight.' [Am. 56]

3.  Article 4 is amended as follows:

(-a)  Article 4(1) is replaced by the following:"

'1. When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. Volunteers shall be informed of their rights in accordance with Article 14(2) and assisted in accordance with Article 8, and, where the agreed departure time is at least two hours after the initial departure time, the operating carrier shall offer the passenger care in accordance with Article 9, such assistance and care being additional to the benefits mentioned in this paragraph.' [Am. 57]

(a)  Paragraph 3 is replaced by the following:"

'3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Article 8. Where the passenger opts for rerouting at the earliest opportunity pursuant to Article 8(1)(b) and where the departure time is at least two hours after the initial departure time, the operating carrier shall assist the passenger in accordance with Article 9.' [Am. 58]

(aa)  The following paragraph is inserted:"

'3a. Air carriers or their agents may not deny boarding on domestic flights on grounds of invalid documentation if the passenger proves his identity by means of the documents required under the national law of the State where boarding takes place.' [Am. 169]

(b)  The following two paragraphs are added:"

'4. Paragraphs 1, 2 and 3 shall also apply to return tickets where the passenger is Passengers shall not be denied boarding at the return journey, including one which consists of multiple flights, on the grounds that he/she did not take the outward journey of a return ticket or did not pay an additional charge for this purpose. If boarding is denied to passengers against their will on such grounds, paragraphs 1 and 2 shall apply. In addition, the operating air carrier shall immediately compensate the passengers concerned in accordance with Article 7 and shall assist them in accordance with Articles 8 and 9.

The first subparagraph of this paragraph shall not apply where the ticket includes multiple coupon flights and passengers are denied boarding on the grounds that carriage per journey is not used on all individual flights or not used in the agreed sequence as indicated in the ticket. [Am. 59]

5.  Where the passenger, or an intermediary acting on behalf of the passenger, reports a spelling mistake mistakes in the name of one or several passengers included in the same contract of carriage that may lead to a denial of boarding, the air carrier shall correct this those mistakes at least once up until 48 hours before departure without any additional charge to the passenger or the intermediary, except where it is prevented from doing so by national or international law.' [Am. 60]

(ba)  The following paragraph is added:"