Index 
Texts adopted
Wednesday, 5 February 2014 - Strasbourg
Non-objection to an implementing measure: technical requirements and administrative procedures related to civil aviation aircrew
 Non-objection to a delegated act: European code of conduct on partnership in the framework of the European Structural and Investment Funds
 Conditions of entry and residence of third-country nationals for the purposes of seasonal employment ***I
 Imports of Atlantic bigeye tuna ***I
 EU-Gabon protocol setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement ***
 Relations between the EU on the one hand, and Greenland and the Kingdom of Denmark on the other *
 Insurance of natural and man-made disasters
 Appointment of the Vice-Chair of the Supervisory Board of the European Central Bank
 Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws ***
 EU cooperation agreements on competition policy enforcement – the way forward
 Authorising Member States to ratify, in the interests of the European Union, the Arms Trade Treaty ***
 Arms Trade Treaty
 Protection against dumped and subsidised imports from countries not members of the EU ***I
 Compliance with the rules of the Common Fisheries Policy ***I
 Equipment and protective systems intended for use in potentially explosive atmospheres ***I
 Explosives for civil uses ***I
 Non-automatic weighing instruments ***I
 Electromagnetic compatibility ***I
 Electrical equipment designed for use within certain voltage limits ***I
 Lifts and safety components for lifts ***I
 Simple pressure vessels ***I
 Measuring instruments ***I
 Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights ***I
 Insolvency proceedings ***I
 A 2030 framework for climate and energy policies

Non-objection to an implementing measure: technical requirements and administrative procedures related to civil aviation aircrew
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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)0070B7-0071/2014

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.


Non-objection to a delegated act: European code of conduct on partnership in the framework of the European Structural and Investment Funds
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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)0071B7-0086/2014

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.


Conditions of entry and residence of third-country nationals for the purposes of seasonal employment ***I
PDF 201kWORD 30k
Resolution
Text
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)0072A7-0428/2013

(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

P7_TC1-COD(2010)0210


(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.


Imports of Atlantic bigeye tuna ***I
PDF 197kWORD 28k
Resolution
Text
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)0073A7-0475/2013

(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

P7_TC1-COD(2013)0097


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


EU-Gabon protocol setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement ***
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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)0074A7-0049/2014

(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.


Relations between the EU on the one hand, and Greenland and the Kingdom of Denmark on the other *
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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)0075A7-0054/2014

(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)

Insurance of natural and man-made disasters
PDF 150kWORD 43k
European Parliament resolution of 5 February 2014 on the insurance of natural and man-made disasters (2013/2174(INI))
P7_TA(2014)0076A7-0005/2014

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.


Appointment of the Vice-Chair of the Supervisory Board of the European Central Bank
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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)0077A7-0086/2014

(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.


Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws ***
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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)0078A7-0060/2014

(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.


EU cooperation agreements on competition policy enforcement – the way forward
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European Parliament resolution of 5 February 2014 on EU cooperation agreements on competition policy enforcement – the way forward (2013/2921(RSP))
P7_TA(2014)0079B7-0088/2014

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.


Authorising Member States to ratify, in the interests of the European Union, the Arms Trade Treaty ***
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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)0080A7-0041/2014

(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.


Arms Trade Treaty
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European Parliament resolution of 5 February 2014 on the ratification of the Arms Trade Treaty (ATT) (2014/2534(RSP))
P7_TA(2014)0081B7-0075/2014

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.


Protection against dumped and subsidised imports from countries not members of the EU ***I
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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)0082A7-0053/2014

(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).


Compliance with the rules of the Common Fisheries Policy ***I
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Resolution
Consolidated text
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)0083A7-0468/2013

(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

P7_TC1-COD(2013)0007


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:

   the exemption of certain categories of fishing vessels from the obligation of a prior notification; [Am. 1]
   the exemption of certain categories of fishing vessels from the obligation to complete and submit a transhipment declaration;
   the adoption of a different way and frequency for data transmission by Member States to the Commission for the recording of catches and fishing effort;
   the adoption of rules on the keeping on board of stowage plans for certain processed fisheries products;
   the definition of trigger catch levels for the real-time closures;
   the modification of distances by which a fishing vessel has to change position when exceeding a trigger catch level;
   the amendment of the threshold below which fish products are exempted from traceability rules;
   the amendment of the threshold below which fish products are exempted from first sale rules;
   the exemption from the obligation to submit sales notes for fisheries products landed by certain categories of fishing vessels;
   the amendment of the threshold below which fish products are exempted from the completion of a sales note;
   the determination of fisheries subject to specific control and inspection programmes;
   the adoption of a different way and frequency for data transmission by Member States to the Commission following pilot projects.

(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:

   fishing licences;
   fishing authorisations;
   marking of gear; [Am. 3]
   the vessel monitoring system;
   conversion factors to convert stored or processed fish weight into live fish weight;
   the completion and submission of logbooks insofar as they are not delegated acts;
   the methodology for sampling plans for fishing vessels not subject to fishing logbook requirements;
   prior notification; [Am. 4]
   the completion and submission of transhipment declarations as far as they are not delegated acts ;
   the completion and submission of landing declarations;
   the methodology for sampling plans for fishing vessels not subject to landing declaration requirements;
   the formats for transmission of catch and effort data to the Commission;
   the closure of a fishery by the Commission;
   corrective measures in cases of closure of a fishery by the Commission;
   checks of fishing capacity of Member States;
   the certification of propulsion engine power and the physical verification of propulsion engine power;
   the methodology for sampling plans for the verification of engine power;
   the approval by the Commission of plans on controls in designated ports;
   the calculation of trigger catch levels for real-time closures;
   real-time closures;
   the establishment, notification and evaluation of sampling plans for recreational fisheries;
   the information on fisheries and aquaculture products to consumers;
   the approval by the Commission of sampling plans, control plans and common control programmes for weighing;
   the methodology for sampling plans, control plans and common control programmes for weighing;
   the content and format of sales notes;
   the format of surveillance reports;
   inspection reports;
   the electronic database for uploading inspection and surveillance reports;
   the establishment of a list of Union inspectors;
   the fixation of quantities as a corrective measure in the absence of proceedings by the Member State of landing or transhipment;
   point system for serious infringements insofar as they are not delegated acts;
   fisheries subject to specific control and inspection programmes;
   extension of a period for forwarding to the Commission the results of an administrative inquiry;
   the establishment of an action plan in case of irregularities or shortcomings in the control system of a Member State;
   the suspension and cancellation of Union financial assistance;
   the closure of fisheries for failure to comply with the common fisheries policy objectives;
   the deduction of quotas;
   the deduction of effort;
   the deduction of quotas for failure to comply with the rules of the common fisheries policy;
   temporary measures;
   the approval by the Commission of national plans for the implementation of the data validation system;
   the analysis and audit of data;
   the development of common standards and procedures to ensure transparent communication;
   the operation of websites and web services;
   the content and format of reports by Member States on the application of this Regulation.

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:

   the definition of fishing restricted areas;
   the introduction of new technologies;
   the submission of certain fishing vessels to fishing effort reports;
   the adoption in each multiannual plan of a threshold of catches above which a designated port or a place close to the shore has to be used and the frequency of communication of data;
   the establishment of fishing restricted areas and of the date when certain control obligations related to these areas become mandatory;
   the submission of recreational fisheries to specific management measures;
   the establishment of a control observer scheme.

(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:

   the European Parliament's demands regarding the distinction between passive and static gear,
   the relevance of tolerance levels of logbooks fixed at 10°%,
   the conditions for notification of entry into ports,
   possible derogations to stowage conditions,
   the administrative burden of weighing constraints,
   the conditions for the attribution and transfer of infraction points, and
   the publicising of data linked to infractions. [Am. 5]

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"

"2. The Commission shall be empowered to may adopt delegated implementing acts in accordance with Article 119a concerning marking and identification of fishing vessels, gear and crafts, as regards:

   (a) documents to be carried on board;
   (b) rules for the marking of crafts;
   (c) rules for passive gear and beamtrawls;
   (d) labels;
   (e) buoys;
   (f) cords.

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:"

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

   (a) the requirements of satellite-tracking devices on fishing vessels;
   (b) the characteristics of satellite-tracking devices;
   (c) the responsibilities of the masters concerning the satellite-tracking devices;
   (d) the control measures to be adopted by flag Member State;
   (e) the frequency of data transmission;
   (f) the monitoring of entry into and exit from specific area;
   (g) the transmission of data to the coastal Member State;
   (h) the measures to be taken in case of a technical failure or non-functioning of the satellite-tracking device;
   (i) the non-receipt of data;
   (j) the monitoring and recording of the fishing activities;
   (k) the acces to data by the Commission.

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:"

"10. The Commission shall lay down detailed rules on

   (a) the completion and submission of fishing logbooks in paper format;
   (b) models for fishing logbooks in paper format to be used;
   (c) instructions for the completion and submission of fishing logbooks in paper format;
   (d) deadlines for the submission of fishing logbooks;
   (e) the calculation of a margin of tolerance as defined in paragraph 3 by means of implementing acts. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

"

(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:"

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

   (a) the provisions applicable in the event of technical failure or non-functioning of electronic recording and reporting systems;
   (b) measures to be taken in case of non-receipt of data;
   (c) the access to data and measures to be taken in case of data access failure.

10.  The Commission shall lay down detailed rules on

   (a) the requirement of electronic recording and reporting systems on Union fishing vessels;
   (b) the format for transmission of data from a Union fishing vessel to the competent authorities of its flag State;
   (c) return messages from the authorities;
   (d) data on the functioning of the electronic recording and reporting system;
   (e) the format for exchange of information between Member States;
   (f) the exchange of data between Member States;
   (g) the tasks of the single authority;
   (h) the frequency of transmission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

"

(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:"

"7 Detailed rules on

   (a) the completion and submission of transhipment declaration in paper format;
   (b) models for transhipment declarations in paper format to be used;
   (c) instructions for the completion and submission of transhipment declarations in paper format;
   (d) deadlines for the submission of transhipment declarations in paper format;
   (e) handing over of a transhipment declaration in paper format;
   (f) the calculation of a margin of tolerance defined in paragraph 3 shall be adopted by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

"

(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:"

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

   (a) the provisions in the event of technical failure or non-function of electronic recording and reporting systems;
   (b) measures to be taken in case of non-receipt of data;
   (c) the access to data and measures to be taken in case of data access failure."

"

(c)  the following paragraph is added:"

"8. The Commission shall lay down rules on

   (a) the requirement of electronic recording and reporting systems on Union fishing vessels;
   (b) the format for transmission of data from a Union fishing vessel to the competent authorities of its flag State;
   (c) return messages;
   (d) data on the functioning of the electronic recording and reporting system;
   (e) the format for exchange of information between Member States;
   (f) the exchange of data between Member States;
   (g) the tasks of the single authority by means of implementing acts. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

"

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

"5. The Commission shall lay down detailed rules on

   (a) the completion of landing declarations in paper format;
   (b) models of landing declarations in paper format to be used;
   (c) instructions for the completion and submission of landing declarations in paper format;
   (d) deadlines for the submission of landing declarations;
   (e) fishing operations involving two or more Union fishing vessels by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

"

(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:"

"8. The Commission shall be empowered to may adopt delegated implementing acts in accordance with Article 119a concerning:

   (a) the provisions applicable in the event of technical failure or non-functioning of electronic recording and reporting systems;
   (b) measures to be taken in case of non-receipt of data;
   (c) the access of data and measures to be taken in case of data access failure.

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:"

"9. The Commission shall lay down rules on

   (a) the requirement of electronic recording and reporting systems on Union fishing vessels;
   (b) the format for transmission of data from a Union fishing vessel to the competent authorities of its flag State;
   (c) return messages;
   (d) data on the functioning of the electronic recording and reporting system;
   (e) the format for exchange of information between Member States;
   (f) the exchange of data between Member States;
   (g) the tasks of the single authority by means of implementing acts. These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

"

(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:"

"2. The Commission may adopt, by means of implementing acts, detailed rules for the application of this article regarding:

   (a) the registration of fishing vessels;
   (b) the verification of the engine power of fishing vessels;
   (c) the verification of the tonnage of fishing vessels;
   (d) the verification of the type, number and characteristics of the fishing gear.

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]

   available scientific advice
   and the conclusions of inspection reports in the area for which trigger catch levels have been defined."

"

(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:"

"7a. The information listed in points (a) to (f) of paragraph 5 shall not apply to:

   (a) imported fisheries and aquaculture products which are excluded from the scope of implementation of the catch certificate in accordance with Article 12(5) of Regulation (EC) No 1005/2008;
   (b) fisheries and aquaculture products caught or farmed in freshwater;
   (c) ornamental fish, crustaceans and molluscs.

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:

   (a) the determination of fisheries and aquaculture products to which this Article applies;
   (b) the physical affixing of information on fisheries and aquaculture products;
   (c) the cooperation between Member States on the access to information affixed to a lot or physically accompanying a lot;
   (d) the determination of fisheries and aquaculture products to which certain provisions of this Article do not apply;
   (e) the information on the relevant geographical area;
   (f) the modification of the value provided for in paragraph 9."

"

(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:"

"7. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning

   (a) the determination of weighing procedures for landings from Union fishing vessels and transhipments involving Union fishing vessels as well as for the weighing of fisheries products on board Union fishing vessels in EU waters;
   (b) the weighing records;
   (c) the time of weighing;
   (d) the weighing systems;
   (e) the weighing of frozen of fisheries products;
   (f) the deduction of ice and water;
   (g) the access of competent authorities to the weighing systems, weighing records, written declarations and premises where the fisheries products are stored or processed;
   (h) the special rules for the weighing of certain pelagic species on:
   (i) the determination of weighing procedure for catches of herring, mackerel and horse mackerel;
   (ii) the ports of weighing;
   (iii) informing competent authorities before entering into port;
   (iv) discharge;
   (v) fishing logbook;
   (vi) publically operated weighing facilities;
   (vii) privately operated weighing facilities;
   (viii) weighing of frozen fish;
   (ix) keeping of weighing records;
   (x) sales note and takeover declaration;
   (xi) cross-checks;
   (xii) monitoring of weighing."

"

(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:"

"9. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning the following matters in relation to control observers:

   (a) the identification of vessels for the application of a control observer scheme;
   (b) the communication system;
   (c) rules of security of the vessel;
   (d) measures to ensure independence of control observers;
   (e) the duties of control observers;
   (f) the financing of pilot projects."

"

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

"6. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning the methodology and the conduct of an inspection including:

   (a) rules on the authorisation of the officials responsible to conduct inspection at sea or on land;
   (b) the adoption by Member States of a risk-based approach for the selection of inspection targets;
   (c) the coordination of control inspection and enforcement activities among Member States;
   (d) the duties of officials during the pre-inspection phase;
   (e) the duties of officials authorised to conduct inspections;
   (f) the obligations of Member States, Commission and European Fisheries Control Agency;
   (g) the specific provisions applicable to inspections at sea and in port, transport inspections, market inspection."

"

(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:

   (a) the implementation of the specific control and inspection programmes adopted in accordance with Article 95;
   (b) international fisheries control programmes, where the Union is under an obligation to provide for controls.

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

   (a) all areas on board Union fishing vessels and any other vessels carrying out fishing activities, public premises or places and means of transport; and
   (b) all information and documents which are needed to fulfil their tasks, in particular the fishing logbook, landing declarations, catch certificates, the transhipment declaration, sales notes and other relevant documents;

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:

   (a) the notification of Union inspectors to the Commission;
   (b) the adoption and maintenance of the list of Union inspectors;
   (c) the notification of Union inspectors to Regional Fisheries Management Organisations
   (d) the powers and duties of Union inspectors
   (e) the reports of Union inspectors;
   (f) the follow-up of reports 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)."

"

(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:"

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

   (a) the points to be assigned for serious infringements;
   (b) the threshold of points triggering the suspension and permanent withdrawal of a fishing licence;
   (c) the follow-up of suspension and permanent withdrawal of a fishing licence;
   (d) illegal fishing during the suspension period or after the permanent withdrawal of a fishing licence;
   (e) conditions justifying the deletion of points.

5a.  The Commission shall lay down detailed rules concerning

   (a) the setting up and operation of a point system for serious infringements;
   (b) the notifications of decisions;
   (c) the transfer of ownership of vessels being attributed points;
   (d) the deletion of fishing licences of the responsible for serious infringements from relevant lists;
   (e) the obligations of information on the point system for masters of fishing vessels established by the 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)."

"

(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:"

"8. The Commission shall lay down detailed rules concerning

   (a) the interruption of the payment deadline;
   (b) the suspension of payments;
   (c) the cancellation for financial assistance by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

"

(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

   (a) the assessment of the adapted quota against which the excess of utilisation shall be calculated;
   (b) the procedure for the consultation of the Member State concerned on the deduction of quotas referred to in paragraphs 4 and 5 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

"

(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

   (a) the assessment of the maximum available effort against which the excess of utilisation shall be calculated;
   (b) the procedure for the consultation of the Member State concerned on the deduction of fishing effort referred to in paragraph 3 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 119(2)."

"

(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:"

"4. The Commission shall be empowered to adopt delegated acts in accordance with Article 119a concerning the deadline for Member States to demonstrate that the fisheries can be safely exploited, the material to be included by Member States in their reply and the determination of the quantities to be deducted by taking into account

   (a) the extent and nature of non-compliance,
   (b) the gravity of the threat to conservation,
   (c) the damage caused to the stock by non-compliance."

"

(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:

   (a) suspension of fishing activities of vessels flying the flag of the Member States concerned;
   (b) closure of fisheries;
   (c) prohibition against Union operators accepting landings, placing in cages for fattening or farming, or transhipments of fish and fisheries products caught by the vessels flying the flag of the Member States concerned;
   (d) prohibition against the placing on the market or use for other commercial purposes fish and fisheries products caught by the vessels flying the flag of the Member States concerned;
   (e) prohibition against the provision of live fish for fish farming in the waters under the jurisdiction of the Member States concerned;
   (f) prohibition against the accepting of live fish caught by vessels flying the flag of the Member State concerned for the purposes of fish farming in waters under the jurisdiction of the other Member States;
   (g) prohibition against fishing vessels flying the flag of the Member State concerned to fish in waters under the jurisdiction of other Member States;
   (h) modification of the fishing data submitted by Member States in an appropriate way.

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:"

"4. The Commission shall be empowered to adopt, by means of implementing acts, rules on mutual assistance concerning:

   (a) administrative cooperation between Member States, third countries, the Commission and the body designated by it, including protection of personal data and use of information and protection of professional and commercial secrecy,
   (b) costs of executing a requests for assistance,
   (c) designation of Member States' single authority,
   (d) communication of follow-up measures taken by national authorities further to exchange of information,
   (e) request for assistance, including requests for information, requests for measures and requests for administrative notifications and establishing deadlines for replies,
   (f) information without prior request,
   (g) Member States' relations with the Commission and with thrid countries.

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.


Equipment and protective systems intended for use in potentially explosive atmospheres ***I
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Resolution
Text
Annex
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)0084A7-0255/2012

(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)

P7_TC1-COD(2011)0356


(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.


Explosives for civil uses ***I
PDF 205kWORD 31k
Resolution
Text
Annex
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)0085A7-0256/2012

(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)

P7_TC1-COD(2011)0349


(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.


Non-automatic weighing instruments ***I
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Resolution
Text
Annex
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)0086A7-0257/2012

(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)

P7_TC1-COD(2011)0352


(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.


Electromagnetic compatibility ***I
PDF 203kWORD 31k
Resolution
Text
Annex
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)0087A7-0258/2012

(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)

P7_TC1-COD(2011)0351


(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.


Electrical equipment designed for use within certain voltage limits ***I
PDF 204kWORD 31k
Resolution
Text
Annex
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)0088A7-0259/2012

(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)

P7_TC1-COD(2011)0357


(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.


Lifts and safety components for lifts ***I
PDF 204kWORD 31k
Resolution
Text
Annex
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)0089A7-0260/2012

(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)

P7_TC1-COD(2011)0354


(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.


Simple pressure vessels ***I
PDF 204kWORD 31k
Resolution
Text
Annex
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)0090A7-0261/2012

(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)

P7_TC1-COD(2011)0350


(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.


Measuring instruments ***I
PDF 203kWORD 31k
Resolution
Text
Annex
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)0091A7-0376/2012

(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)

P7_TC1-COD(2011)0353


(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.


Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights ***I
PDF 614kWORD 204k
Resolution
Consolidated text
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)0092A7-0020/2014

(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

P7_TC1-COD(2013)0072


(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:"

'(m) "extraordinary circumstances" means circumstances which, by their nature or origin, are not inherent beyond the control of the air carrier concerned in the normal exercise of the its activity of the air carrier concerned and are beyond its actual controland outside the obligations imposed by the relevant safety and security rules to be observed. For the purposes of this Regulation, extraordinary circumstances shall include set out in the Annex are limited to the circumstances set out in Annex 1; [Am. 45]

   (n) "flight" means an air transport operation between two airports; intermediate stops for technical and operational purposes only shall not be taken into consideration;
   (o) "connecting flight" means a flight which, under a single contract of carriage or a single booking reference, or both, is intended to enable the passenger to arrive at a transfer point in order to depart on another flight, or, where appropriate in the context of Article 6a, means that other flight departing from the transfer point; [Am. 46]
   (p) "journey" means a flight or a continued series of connecting flights transporting the passenger from an airport of departure to his final destination in accordance with the contract of carriage;
   (q) "airport" means any area specifically adapted for the landing, taking-off and manoeuvring of aircraft, including the ancillary installations which these operations may involve for the requirements of aircraft traffic and services, including the installations needed to assist commercial air services;
   (r) "airport managing body" means a body which, in conjunction with other activities or not as the case may be, has as its objective under national laws, regulations or contracts the administration and management of the airport or airport network infrastructures and the coordination and control of the activities of the different operators present in the airports or airport network concerned in accordance with its powers; [Am. 47]
   (s) " ticket price" means the full price paid for a ticket and including the air fare, and all applicable taxes, charges, surcharges and fees paid for all optional and non-optional services included in the ticket, such as all costs for the check-in, the provision of the tickets and the issuing of the boarding cards and for the carrying a minimum amount of luggage, including an item of hand luggage, an item of checked‑in luggage and essential items, as well as all costs related to payment, such as charges for paying by credit card; the ticket price published in advance always reflects the final ticket price to be paid; [Am. 48]
   (t) "flight price" means the value obtained by multiplying the ticket price by the ratio between the distance of the flight and the total distance of the journey(s) covered by the ticket; where a ticket price is not known, the value of any refund shall be the supplement paid for a premium seat on the flight; [Am. 49]
   (u) "time of departure" means the time when the aircraft leaves the departure stand, pushed back or on its own power (off-block time);
   (v) "time of arrival" means the time when the aircraft reaches the arrival stand and the parking brakes are engaged (in-block time);
   (w) "tarmac delay" means, at departure, the time the aircraft remains on the ground between the start end of boarding of the passengers and the take-off time of the aircraft or, at arrival, the time between the touch-down of the aircraft and the start of disembarkation of the passengers; [Am. 50]
   (x) "night" means the period between midnight and 6 a.m.;
   (y) "unaccompanied child" means a child who travels without an accompanying parent or guardian and where the air carrier has accepted responsibility for care in accordance with its published rules;
   (ya) "delay in arrival" means the difference between the arrival time for the flight indicated on the passenger’s ticket and the time at which the flight actually arrives. A flight where the aircraft took off but was subsequently forced to return to the airport of departure and took off again at a later time is considered to be a subject to a delay in arrival. Equally, a flight which is deviated but ultimately reaches its final destination or an airport in the neighbourhood of the final destination is considered to be subject to a delayin arrival; [Am. 51]
   (yb) "re-routing" means an offer of alternative transport at no additional price that enables the passenger to reach his or her final destination;'. [Am. 52]

"

2.  Article 3 is amended as follows:

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

'Paragraph 1 shall apply on the condition that passengers:

   (a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5 and in the case of change of schedule referred to in Article 6 or in the case of a connecting flight as referred to in Article 6a, present themselves for boarding, [Am. 53]
   as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the organiser or an authorised travel agent,

or, if no time is indicated,

   not later than 45 minutes before the scheduled departure time; or
   (b) have been transferred by an air carrier or organiser from the flight for which they held a reservation to another flight, irrespective of the reason.;
   (aa) In Paragraph 3, the following point is added:

'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:"

‘5a. Paragraphs 1, 2 and 4 shall also apply where the passenger misses the flight because:

   (a) the flight took off before the scheduled departure time, the passenger having arrived on time at the airport in accordance with Article 3(2); or
   (b) the scheduled time of departure of the flight was brought forward and the passenger was not informed of this at least 24 hours in advance; the burden of proving that the passenger was informed in due time of the change of the scheduled time of departure shall rest with the operating air carrier.

In addition, the operating air carrier shall immediately compensate the passenger concerned in accordance with Article 7 and shall assist him in accordance with Article 8 and 9.’ [Am. 61]

"

4.  Article 5 is amended as follows:

(a)  Paragraph 1, points (a) and (b) are replaced by the following:"

'(a) be offered by the operating air carrier the choice between reimbursement, continuation of their travel by rerouting or travel later on the same day or at a later date, in accordance with Article 8; and [Am. 63]

   (b) be offered by the operating air carrier in the event of re-routing when the reasonably expected time of departure of the flight is at least 2 hours after the planned departure of the cancelled flight, the care specified in Article 9 and'

"

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

‘2. When passengers are informed of the cancellation of the flight, they shall be fully informed by the operating air carrier or organiser of their rights in accordance with Article 5(1) and of possible alternative modes of transport.’ [Am. 64]

"

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

'3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7 if it can prove that the cancellation is caused by extraordinary circumstances and that the cancellation could not have been avoided even if all reasonable measures had been taken. Such extraordinary circumstances can only be invoked in so far as they affect the flight concerned or the previous flight preceding it operated by the same aircraft. Where no proof of the existence of extraordinary circumstances is provided by the air carrier in a written form, the compensation referred to in Article 7 shall be paid by the air carrier.

The first subparagraph does not exempt air carriers from the requirement to provide passengers with assistance, in accordance with Article 5(1)(b) of this Regulation.' [Am. 65]

"

(c)  The following paragraph is added:"

'5. At airports whose annual traffic has been not less than three million passengers for at least three consecutive years, the airport managing body shall ensure that the operations of the airport and of airport users, in particular the air carriers and the suppliers of ground handling services, are coordinated through In view of possible situations of multiple cancellations and/or delays of flights leading to a considerable number of passengers being stranded at the airport, including in cases of airline insolvency or revocation of operating licences, airport management bodies should ensure adequate coordination of airport users by means of a proper contingency plan, at Union airports whose annual traffic has been not less than one and a half million passengers for at least three consecutive years in view of possible situations of multiple cancellations and/or delays of flights leading to a considerable number of passengers stranded at the airport, including in cases of airline insolvency or revocation of the operating licence.

The contingency plan shall be set up to ensure adequate information and assistance to the stranded passengers. The managing body of the airportby the airport management body in cooperation with the airport users, in particular the air carriers, the suppliers of ground handling services, the air navigation service providers, the airport retail outlets, and special assistance providers for disabled passengers or passengers with reduced mobility, and with the participation of the relevant national, regional or local authorities and organisations when appropriate.

The airport managing body shall communicate the contingency plan and any amendments to it to the National Enforcement Body designated pursuant to Article 16. Member States shall ensure that the National Enforcement Body have both the capability and resources to act effectively in connection with the contingency plans and to adapt them, if necessary.

At airports below the above-mentioned threshold, the airport management body shall make all reasonable efforts to coordinate airport users and to assist and inform stranded passengers in such situations. ' [Am. 66]

"

(ca)  The following paragraph is added:"

‘5a. While air carriers may not reduce their obligations as defined under this Regulation, the contingency plan provided for by paragraph 5 shall be set up to define coordinated action where this is necessary in order to ensure the provision of adequate information and assistance to stranded passengers and in particular to disabled persons and persons with reduced mobility, notably with regard to:

   the provision of information to passengers stranded at or heading towards the airport to begin their air journey;
   the provision of on-the-spot accommodation where large numbers of stranded passengers exceed the availability of hotel accommodation;
   the provision of information and assistance to passengers affected by the limitations laid down in Article 9(4) and (5);
   re-routing of stranded passengers by alternative carriers and transport modes, at limited or no cost for passengers, where the operating carrier has ceased operations.’ [Am. 67]

"

(cb)  The following paragraph is added:"

‘5b. Air carriers shall develop and put in place detailed procedures which allow them to comply in an effective and consistent way with this Regulation, especially in cases of delays, cancellations, denied boarding, mass disruptions and insolvency. Those procedures shall clearly indicate the contact person of the airline at each airport who is responsible for providing reliable information concerning care, assistance, re-routing or reimbursement and for taking the necessary immediate measures. The air carrier shall define the processes and conditions for the provision of those services in such a way that this representative is able to fulfil this obligation without delay. The air carrier shall communicate those procedures and any changes thereto to the National Enforcement Body designated pursuant to Article 16.’ [Am. 68]

"

(cc)  The following paragraph is added:"

‘5c. In the event of cancellation of a flight owing to insolvency, bankruptcy, or the suspension or cessation of the activities of an air carrier, passengers who are stranded shall be entitled to a reimbursement, the return flight to the point of departure or re‑routing, and to care, as provided for in Articles 8 and 9 of this Regulation. Equally, air passengers who have not yet started their journey shall be entitled to reimbursement. Air carriers shall prove that they have taken all necessary measures, such as taking out an insurance policy or creating guarantee funds, to provide for the care, reimbursement or re‑routing of stranded passengers where applicable. These rights shall apply to all passengers concerned irrespective of their place of residence, point of departure or where they bought their ticket.’ [Am. 69]

"

5.  Article 6 is replaced by the following:"

‘Article 6

Long delay

1.  When an operating air carrier reasonably expects a flight to be delayed, or an operating air carrier postpones the scheduled time of departure, beyond its originally scheduled time of departure, passengers shall be offered by the operating air carrier: [Am. 70]

   (i) when the delay is of at least two hours, the assistance specified in Article 9(1)(a) and 9(2); and
   (ii) when the delay is of at least five three hours and includes one or several nights night-time hours, the assistance specified in Article 9(1)(b) and 9(1)(c); and [Am. 71]
   (iii) when the delay is of at least five three hours, the assistance specified in Article 8(1) (a). [Am. 72]

1a.  Where an operating air carrier brings forward the scheduled time of departure by more than three hours, it shall offer passengers the reimbursement specified in point (a) of Article 8(1) or the re-routing specified in point (b) of Article 8(1). The passenger may organise his or her own re-routing and may claim reimbursement of the corresponding costs if the operating air carrier fails to offer the choice of re-routing under point (b) of Article 8(1). [Am. 73]

2.  Passengers shall have a right to compensation from the operating air carrier in accordance with Article 7 where the passenger arrives at its final destination:

   (a) five three hours or more after the scheduled time of arrival for all intra-Community journeys and for journeys to/from third countries of 3500 kilometres or less;
   (b) nine five hours or more after the scheduled time of arrival for intra-Community journeys of more than 3 500 km or for journeys to/from third countries between 3 500 and 6000 kilometres 6 000 km;
   (c) twelve seven hours or more after the scheduled time of arrival for journeys to/from third countries of more than 6 000 kilometres or more. [Am. 74]

3.  Paragraph 2 shall also apply where the operating air carrier has modified the scheduled times of departure and arrival causing a delay compared to the time of arrival of the original schedule, unless the passenger was informed of the schedule change more than fifteen days in advance of the originally scheduled time of departure.

4.  An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the delay or change of schedule is caused by extraordinary circumstances and that the delay or change of schedule could not have been avoided even if all reasonable measures had been taken.

Such extraordinary circumstances can only be invoked insofar as they affect the flight concerned or the previous flight preceding it operated by the same aircraft. Where no proof of the existence of extraordinary circumstances is provided by the air carrier in a written form, the compensation referred to in Article 7 shall be paid by the air carrier. The above does not exempt air carriers from the requirement to provide passengers with assistance in accordance with Article 5(1)(b). [Am. 75]

5.  Subject to safety constraints, where a tarmac delay exceeds one hour, the operating air carrier shall provide free of charge access to toilet facilities and drinking water, shall ensure adequate heating or cooling of the passenger cabin, and shall ensure that adequate medical attention is available if needed. Where a tarmac delay reaches a maximum of five two hours, the aircraft shall return to the gate or another suitable disembarkation point where passengers shall be allowed to disembark and to benefit from the same assistance as specified in paragraph 1, unless there are safety-related or security-related reasons why the aircraft cannot leave its position on the tarmac, unless there are safety-related or security-related reasons why the aircraft cannot leave its position on the tarmac. After a total delay of more than three hours from the initial departing time, passengers benefit from the same assistance as specified in paragraph 1, including the option of reimbursement, return flight and rerouting, as specified in Article 8(1) and they shall be informed accordingly.' [Am. 76]

"

6.  The following Article is inserted:"

‘Article 6a

Missed connecting flight

1.  Where a passenger misses a connecting flight for which he has a reservation, including when he has been booked on an alternative flight in case of a re-routing, as a result of a delay or change of schedule to a preceding flight, the Community Union air carrier operating the onward connecting that preceding flight which is responsible for that delay or that change of schedule shall offer the passenger: [Am. 77]

   (i) the assistance specified in Article 9(1)(a) and 9(2) if the passenger's waiting time for the connection is prolonged by at least two hours; and
   (ii) re-routing as specified in Article 8(1)(b); and
   (iii) when the scheduled time of departure of the alternative flight or other transport offered under Article 8 is at least 5 3 hours after the scheduled time of departure of the flight missed and the delay includes one or several nights night-time hours, the assistance specified in Article 9(1)(b) and 9(1)(c). [Am. 78]

2.  Where a passenger misses a connecting flight as a result of a change of schedule or a delay to a preceding connecting flight of 90 minutes or more calculated by reference to the time of arrival at the transfer point, the passenger shall have a right to compensation by the Community Union air carrier operating that preceding flight in accordance with Article 6(2). For these purposes, the overall delay shall be calculated by reference to the scheduled time of arrival at the final destination. [Am. 79]

3.  Paragraph 2 shall be without prejudice to any indemnity arrangements made between affected air carriers.

4.  Paragraphs 1 and 2 also apply also to third country air carriers operating a connecting flight to or from an EU airport within the Union to another airport within the Union, or from an airport within the Union to an airport outside the Union.' [Am. 80]

"

7.  Article 7 is amended as follows:

(a)  In Paragraph 1, the word "flights" is replaced by "journeys".Paragraph 1 is replaced by the following:"

‘1. Where reference is made to this Article, passengers shall receive compensation amounting to:

   (a) EUR 300 for all journeys of 2 500 kilometres or less;
   (b) EUR 400 for all journeys between 2 500 km and 6 000 km;
   (c) EUR 600 for all journeys of 6 000 km or more;

In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time. ' [Am. 81]

"

(b)  Paragraphs 2, 3, 4 and 5 are replaced by the following:"

‘2. Where the passenger has opted for the continuation of his travel pursuant to Article 8(1)(b), the right to compensation can arise only once during his travel to the final destination, even if a new cancellation or missed connection should arise during rerouting.

3.  In agreement with the passenger, the compensation referred to in paragraph 1 shall be paid in cash by electronic bank transfer, credit card refund or bank orders or bank cheques order to the account indicated by the authorised passenger. The Commission shall increase the compensation amounts after consulting the Committee established under Article 16. [Am. 82]

4.  The distances given in paragraph 1 shall be measured by the great circle route method.

5.  The air carrier may reach a voluntary agreement with the passenger that replaces the compensation provisions provided for set out in paragraph 1 with other, non-monetary, benefits of at least equivalent value (for example: air travel vouchers without expiration date to the value of 100% of the entitlement to compensation), provided that this agreement is confirmed by a document signed by the passenger which reminds unambiguously informs the passenger of his rights to compensation under this Regulation.Such an agreement may only be concluded after the events giving rise to the entitlement have occurred.' [Am. 83]

"

(c)   In Article 7 the following paragraph is added:"

5a The burden of proof of when and how the passenger accepted the form of payment of compensation or of reimbursement of ticket costs set out in Article 7(3), as well as if and when the passenger accepted the agreement referred to in paragraph 5, shall rest with the operating air carrier. ' [Am. 84]

"

8.  Article 8 is replaced by the following:"

‘Article 8

Right to reimbursement or re-routing

1.  Where reference is made to this Article, passengers shall be offered, free of charge, the choice between three options:

   (a) – reimbursement within seven working days of the passenger's request, by the means provided for in Article 7(3), of the flight ticket price, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant, [Am. 85]
   a return flight to the first point of departure, at the earliest opportunity;
   (b) continuation of the passengers' travel plans by re-routing them, under comparable transport conditions, to their final destination at the earliest opportunity; or
   (c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.

2.  Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC.

2a.  Paragraph 1(b) shall also apply in cases where the aircraft took off but was subsequently forced to land at an airport other than the airport of destination. Pursuant to paragraph 3, the air carrier shall bear the costs of transferring the passenger from that alternative airport to the airport in respect of which the reservation was made. [Am. 86]

3.  If an operating air carrier offers a passenger a flight to or from an airport alternative to that for which the reservation was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport to that for which the reservation was made, or, with regard to the destination airport, to another neighbouring destination agreed with the passenger. [Am. 87]

4.  Where agreed by the passenger, the return flight or flights referred to in paragraph 1(a) or the re-routing referred to in paragraph 1(b) or 1(c) may use services operated by another air carrier, involve a different routing, or use another mode of transport.

5.  Where passengers choose the option referred to in point (b) of paragraph 1, they shall, subject to availability and provided that comparable alternatives exist, have the right to re-routing, at the earliest opportunity, via another air carrier or another mode of transport where the operating air carrier cannot transport the passenger on its own services and in time to arrive at the final destination within 12 eight hours of the scheduled arrival time. Notwithstanding Article 22(1) of Regulation (EC) No 1008/2008(12), the other air carrier or other transport operator shall not charge the contracting carrier a price that goes beyond the average price paid by its own passengers for equivalent services in the last three months.The air carrier shall inform the passenger, within 30 minutes after the scheduled departure time, whether it will transport the passenger on its own services within the time limit. The passenger shall have the right to refuse the re-routing via another mode of transport, and, in such case, shall maintain his rights to care as specified in Article 9 while waiting for the re-routing. [Am. 88]

6.  Whenever passengers are offered, pursuant to paragraph 1, a total or partial re-routing by another mode of transport, this Regulation Article 6a shall apply to the transport carried out by that other mode of transport as if it were carried out by fixed wing aircraft in accordance with the re-routing agreements in place between the operating airline and the other mode of transport. The air carrier shall continue to be responsible for application of this Regulation for the whole of the journey.' [Am. 89]

"

8a.  In Article 8 the following paragraph is added:"

‘6a. The passenger may himself organise his own re-routing and claim reimbursement of the corresponding costs if the operating air carrier fails to offer the choice of re-routing under point (b) of paragraph 1.’ [Am. 90]

"

9.  Article 9 is amended as follows:

(-a)  In Paragraph 1, point (a) is replaced by the following:"

‘ (a) meals and refreshments. The air carrier shall automatically provide drinking water to accompany meals, as well as whenever passengers so request. ’ [Am. 91]

"

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

'(c) transport between from the airport and to the place of accommodation (hotel, place of residence of the passenger or other) and back.' [Am. 92]

"

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

‘2. In addition, passengers shall be offered free of charge two telephone calls and fax messages or e-mails.’ [Am. 93]

"

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

‘3. When applying this Article, the operating air carrier shall pay particular attention to the needs of disabled persons, persons with reduced mobility and all persons accompanying them, as well as to the needs of mothers or fathers travelling with small children and of children travelling without adult guardians.'; [Am. 94]

"

(ac)  The following paragraph is inserted:"

‘3a. Airport management bodies shall provide specific facilities for severely disabled passengers requiring changing and toilet facilities at no cost to the passenger, at all Union airports with an annual throughput of more than one million passengers.' [Am. 95]

"

(b)  The following paragraphs are added:"

'4. If the operating air carrier can prove that the cancellation, delay or change of schedule is caused by extraordinary circumstances and that the cancellation, delay or change of schedule could not have been avoided even if all reasonable measures had been taken correctly, it may limit the total cost total duration of accommodation provided according to in accordance with paragraph 1(b) to EUR 100 per night and per passenger and to a maximum of 3 nights a maximum of five nights. If the passenger decides to arrange his own accommodation, it may further limit the cost of accommodation to EUR 125 per night, per passenger. If the operating air carrier chooses to apply this limitation, it shall nevertheless provide the passengers with information about available accommodation after the three five nights, in addition to the continued obligations for information specified in Article 14.

This limitation shall in any events be without prejudice to the obligation of operating air carriers to provide accommodation, and the carrier shall comply with this obligation as a priority. This limitation shall not apply where the air carrier has failed to provide the accommodation. [Am. 96]

5.  The obligation to offer accommodation under paragraph 1(b) shall not apply where the flight concerned is of 250 km or less and scheduled to be operated by an aircraft with a maximum capacity of 80 seats or less, except where the flight is a connecting flight. If the operating air carrier chooses to apply this exemption, it shall nevertheless provide the passengers with information about available accommodation. [Am. 97]

6.  Where a passenger opts for reimbursement pursuant to Article 8(1)(a) while being at the departure airport of his journey, or opts for rerouting at a later date pursuant to Article 8(1)(c), the passenger shall have no further rights with regard to care under Article 9(1) in relation to the relevant flight. Where the passenger demonstrably incurs costs as a result of this decision in travelling to and from the airport, the passenger shall receive a full reimbursement thereof in the case of such travel to the airport in relation to the journey not taken.' [Am. 98]

"

-10 The introductory wording of Article 10(2) is replaced by the following:"

‘2. If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven working days, by the means provided for in Article 7(3), reimburse’ [Am. 99]

"

10.  In paragraph 2, points (a), (b) and (c) of Article 10, the term 'price of the ticket' is replaced by 'flight price'.

11.  The In Article 11, the following paragraph is paragraphs are added to Article 11:"

'3. The operating air carrier shall not apply the limitations set out in Article 9(4) and 9(5) if the passenger is a person with a disability or reduced mobility or any person accompanying him/her, an unaccompanied child, a pregnant woman or a person in need of specific medical assistance, on condition the operating air carrier or its agent or the organiser has been notified of their particular needs for assistance at least 48 hours before the scheduled time of departure of the flight. Such notification shall be deemed to cover the entire journey and the return journey if both journeys have been contracted with the same air carrier are shown on the same ticket.

Air carriers shall also endeavour to ensure good care is taken of guide dogs and assistance dogs. Information about assistance and the arrangements available shall be made known through various accessible means of communication. [Am. 100]

3a.  Flight crews shall be trained to help passengers who are disabled or who have reduced mobility, so as to make it easier for them to board and disembark from aircraft. [Am. 101]

3b.  An airline may not refuse boarding to a passenger with a disability or reduced mobility on the grounds that he/she is unaccompanied and may not insist on another person systematically accompanying him/her.' [Am. 102]

"

11a.  In Article 12, paragraph 2 is replaced by the following:"

'2. This Regulation shall apply irrespective of any further claim to compensation by the passenger. The compensation provided pursuant to this Regulation must not be offset against such a compensation claim.' [Am. 103]

"

12.  Article 13 is replaced by the following:"

‘Article 13

Right of redress

In cases where an operating air carrier pays compensation or meets the other obligations incumbent on it under this Regulation, or of national law, and without prejudice to contracts of disclaimer with third parties in force at the time of the dispute, no provision of this Regulation may be interpreted as restricting its right to seek compensation for, or to recover in their entirety, the costs incurred under this Regulation from any person, including any third parties, which contributed to the event triggering compensation or other obligations, in accordance with the applicable law. In particular, this Regulation shall in no way restrict the right of the operating air carrier to seek compensation or to recover its costs from an airport or other third party with whom the operating air carrier has a contract.' [Am. 104]

"

13.  Article 14 is replaced by the following:"

‘Article 14

Obligations to inform passengers

1.  The airport managing body and the operating air carrier shall ensure that at the check-in desks (including at self-service check-in machines) and at the boarding gate, a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: "If you are denied boarding or if your flight is cancelled or delayed for at least two hours or if the schedule time of departure of your flight has been put forward by at least two hours in relation to the initial schedule time indicated on your ticket, ask at the check-in counter or boarding gate for the notice stating your rights, particularly with regard to assistance and possible compensation. [Am. 105]

1a.  Air carriers shall set up, at each airport where they operate, contact points at which they shall ensure the presence of contact personnel or a third parties commissioned by the air carrier concerned, to provide passengers with the necessary information regarding their rights, including complaint procedures, to assist them and to take immediate action in the event of cancelled or delayed flights, denied boarding and lost or delayed baggage. During the air carriers operating hours and until the last passengers disembark from the last plane, those contact points shall be available for the purpose of assisting passengers inter alia concerning reimbursement, re-routing, rebooking and of accepting the lodging of their complaints. [Am. 106]

1b.  The operating air carrier shall provide the passengers with clearly legible and transparent information about passenger rights and contacts for help and assistance on electronic tickets and electronic and printed versions of a boarding card. [Am. 107]

2.  An operating air carrier denying In the event of denied boarding or cancelling a flight, flight cancellation, delay or change of schedule of at least two hours, the operating air carrier shall provide each as soon as possible fully inform the passenger affected and provide him with a written notice or a notice in electronic form setting out the rules for compensation and assistance in line with this Regulation, including information on possible limitations pursuant to Articles 9(4) and 9(5). It shall also provide each passenger affected by a delay or a change of schedule of at least two hours with an equivalent notice. The, and shall inform him of possible alternative transport modes. The address of the carrier to which complaints may be submitted and the contact details of the competent complaint handling bodies designated under Article 16a shall also be given to the passenger in written form. [Am. 108]

3.  In respect of disabled persons or persons with reduced mobility, in particular blind and visually impaired persons, the provisions of this Article shall be applied using appropriate alternative means and in the appropriate formats. [Am. 109]

4.  The airport managing body shall ensure that general information on passenger rights is clearly and visibly displayed within the passenger areas of the airport. On the basis of the information received, it shall also ensure that passengers present at the airport are informed about the causes and their rights in cases of delays and flight disruptions, such as the cancellation of their flight and about their rights in case the event that the airline unexpectedly ceases operations as in the case, for example in the event of its insolvency or revocation of its operating licence. [Am. 110]

5.  In the event of cancellation or delay in departure, passengers shall be informed by the operating air carrier of the situation, including the cause of the disruption, as soon as possible this information is available, and in any event no later than 30 minutes after the scheduled departure time, and of the estimated departure time as soon as this information is available, provided that the air carrier has received the passenger's contact details in accordance with paragraphs 6 and 7 in case the ticket was acquired via an intermediary. [Am. 111]

5a.  The air carrier shall have documents available at the check-in counter and the boarding gate containing the European Air Passengers Charter, which its staff shall give to air passengers on request. The European Commission shall update such documents Charter every time there is a substantial change to air passengers' rights. [Am. 112]

5b.  Air carriers shall provide accessible, effective telephone assistance for all passengers once a flight has been booked; this service shall provide information and alternative proposals in the event of disruption and shall under no circumstances exceed the cost of a local call. [Am. 113]

6.  Where the passenger does not acquire a ticket directly from the operating air carrier, but via an intermediary established within the Union, this that intermediary shall provide the passenger's contact details to the air carrier, on condition that the passenger has given his explicit and written authorisation. This authorisation may consent. That consent may only be given on an "opt-in" basis. The air carrier may use these those contact details exclusively for the purpose of fulfilling the information obligation under this Article and not for marketing purposes and shall delete the contact details within 72 hours after the completion of the contract of carriage. The passenger’s consent to the transfer of his/her contact details to the air carrier and to processing, access and storage of these those data shall be undertaken in accordance with Directive 95/46/EC of the European Parliament and of the Council*. [Am. 114]

7.  An intermediary shall be exempted from its obligations under paragraph 6 if it can prove the existence of an alternative system that ensures that the passenger is informed without the transmission of the relevant contact details or where the passenger has opted not to provide his contact details. [Am. 115]

7a.  The service provider shall provide easy access to accurate and objective information detailing the environmental (including climate) impact and energy efficiency of their travel. That information shall be published and clearly visible both on the websites of air carriers, tour operators and on tickets; the Commission shall support on-going work in this direction. [Am. 116]

7b.  Without prejudice to obligations under paragraph 2, any electronic communication to the passenger notifying him or her of cancellation, long delay, or change of schedule shall state prominently that the passenger may be entitled to compensation and/or assistance under this Regulation.

_________________________________

* Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p.31).' [Am. 117]

"

14.  Article 16 is replaced by the following:"

‘Article 16

Enforcement

1.  Each Member State shall designate a National Enforcement Body responsible for the enforcement of this Regulation as regards infringements of this Regulation at airports situated on its territory, flights from airports situated on its territory and flights from a third country to such airports. The Member States shall inform the Commission of the body that has been designated in accordance with this paragraph. [Am. 118]

2.  The National Enforcement Body shall closely monitor compliance with the requirements of this Regulation and take the measures necessary to ensure that the rights of passengers are respected. For this purpose, air carriers and airport managing bodies shall provide the relevant documents to the National Enforcement Body at its request within one month of its request, without prejudice to the obligations of air carriers under Article 14a. In order to carry out its functions, the National Enforcement Body shall also take account of the information submitted to it by the body designated under Article 16a. It may also decide on shall take enforcement actions based on individual complaints transmitted by the body designated under Article 16a. Member States shall ensure that their respective National Enforcement Bodies are given sufficient power to penalise effectively with infringements. [Am. 119]

2a.  Air carriers shall proactively provide the National Enforcement Body with comprehensive information as regards the advent of technical problems, in particular on the reasons therefore. The National Enforcement Body shall share this information with the bodies responsible for out-of-court dispute resolution referred to in Article 16a. [Am. 120]

3.  The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate, and dissuasive and sufficient to provide carriers with a financial incentive to comply consistently with this Regulation. [Am. 121]

4.  Where the bodies designated under Articles 16 and 16a differ, reporting In accordance with Directive 2013/11/EU, cooperation mechanisms shall be set up to ensure the exchange of information between the various bodies between the National Enforcement Body and the body designated under Article 16a. Those cooperation mechanisms shall include mutual information exchanges in order to help the National Enforcement Body to carry out its tasks of supervision and enforcement and for the body designated under Article 16a to collect the information and acquire the technical expertise necessary to examine for the handling of individual complaints. [Am. 122]

5.  For each year, at the latest at the end of April of the following calendar year, the National Enforcement Bodies shall publish statistics on their activity, including on sanctions applied. The National Enforcement Bodies shall at the same time publish, on the basis of data which air carriers and airport managing bodies are required to keep and supply, statistics concerning the number and nature of complaints, the number of cancellations, denied boardings and delays and their duration and data on lost, delayed or damaged baggage. [Am. 123]

6.  Air carriers shall communicate their contact details, for matters covered by this Regulation, to the National Enforcement Bodies of the Member States in which they operate Pending the transposition by Member States of the provisions of Directive 2013/11/EU, each passenger may, at any airport situated on the territory of a Member State, complain to any National Enforcement Body about an alleged infringement of this Regulation which occurs at any airport situated on the territory of a Member State, or concerning flights from any airport situated on the territory of a Member State or flights from a third country to such airports.' [Am. 124]

"

14a.  The following Article is added:"

‘Article 16 -a

Compliance documents

1.  Community air carriers shall prepare and submit to the National Enforcement Body of the Member State that issued their operating licence pursuant to Regulation (EC) No 1008/2008 and to the Commission by 1 January 2016 a document that demonstrates in reasonable detail that their operating procedures are sufficient to ensure that they consistently comply with all relevant Articles of this Regulation.

1a.  The Commission may adopt implementing acts, laying down the minimum contents of such compliance documents. The minimum contents shall at least contain contingency plans for major disruptions, identify those responsible for providing assistance and other rights, the practical arrangements and procedures by which complaints are handled and assistance and compensation are provided, and procedures and templates for communication with passengers. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 16c (2).

2.  Any other carrier providing services from a Union airport shall submit a compliance document to the NEBs of all Member States in which they operate and to the Commission.

3.  Air Carriers shall review their compliance documents and submit updated versions to the relevant NEB(s) and to the Commission every three years starting on 1 January 2019.

4.  The National Enforcement Body shall take account of the compliance documents submitted by air carriers, checking, where possible, the validity of compliance documents against complaints information. ' [Am. 125]

"

15.  The following Articles are inserted:"

‘Article 16a

Passenger claims and complaints

1.  At the time of reservation, Air carriers, organisers or ticket sellers within the meaning of point (d) of Article 2 of Regulation (EC) No 2111/2005, shall provide information to passengers on their the air carriers' claim and complaint handling processes and the relevant time-limits under paragraph 2 of this Article, in relation to the rights set out in this Regulation and on the relevant contact addresses, to which passengers can submit claims and complaints, including via electronic means of transmission. The air carrier and, if relevant, the organiser shall also inform passengers of the body or bodies competent for handling passenger complaints, as designated by Member States under this Article and Article 16. The relevant information shall be given at the time of booking, shall be accessible to all, shall be clearly indicated in the passenger’s ticket and on the air carrier’s websites, shall be handed out at the air carrier’s desks at airports and shall be communicated in the e-mail message that notifies them of their flight being cancelled or delayed. A complaint form shall be provided to passengers on request. [Am. 126]

1a.  The burden of proof regarding the provision of the requisite information to passengers shall be on the air carrier. [Am. 127]

2.  If a passenger wants to make a complaint to the air carrier with regard to his rights under this Regulation, he shall submit it within 3 months from the date on which the flight was performed or was scheduled to be performed. The submission of a complaint within three months and after the expiry of that three-month period shall be without prejudice to his right to enforce his claims under this Regulation within the framework of the judicial system and an out-of-court resolution. Within 7 seven working days of receiving the complaint, the carrier shall confirm the receipt of the complaint to the passenger. Within two months of receiving the complaint, the carrier shall provide a full answer to the passenger. Where the air carrier does not provide that full answer within that two-month period, it shall be deemed to have accepted the passenger’s claims.

Where the air carrier invokes extraordinary circumstances, it shall, in its answer, inform the passenger of the specific circumstances responsible for the cancellation or delay. The air carrier shall also show that it took all reasonable measures to avoid the cancellation or delay.

With the full answer, the air carrier shall also communicate to the passenger concerned the relevant contact details of the designated body referred to in paragraph 3, including its postal address, phone number, email address and website address. [Am. 128]

3.  In accordance with relevant EU and national law, Member States shall ensure that air passengers are able to submit disputes with air carriers concerning rights and obligations established by this Regulation to independent, efficacious and efficient out-of-court resolution mechanisms. To that end, each Member State shall designate a national body or bodies responsible for the out-of-court resolution of disputes between air carriers and passengers with regard to the rights covered by this Regulation. Those bodies should be other than the Enforcement Body referred to in Article 16(1). Member States shall ensure that those bodies have the power to resolve the underlying dispute between passengers and air carriers by means of a decision which is legally binding on both parties and enforceable. In respect of disputes falling within the scope of Directive 2013/11/EU, only that Directive shall apply. All air carriers which are involved in flights from an airport within the territory of a Member State or of a third country to these airports shall abide by the alternative dispute resolution system referred to in Directive 2013/11/EU, which will ensure simple, swift and cheap out-of-court resolution of disputes between passengers and air carriers. [Am. 129]

4.  Each On receipt of the full answer from the air carrier, the passenger concerned may complain to any national out-of-court dispute resolution body designated under paragraph 3, about an alleged infringement of this Regulation at any airport situated on the territory of a Member State or concerning any flight from any airport situated on the territory of a Member State or of a third country to an airport situated on that territory such airports. Such complaints may be submitted at the earliest two months after a complaint was submitted to the concerned carrier unless the carrier has already provided a final reply to such complaint within a time-limit, which shall be set in advance at not less than one year from the date on which the passenger submitted the complaint or claim to the carrier concerned. [Am. 130]

4a.  If the airline is found to be at fault the complaints handling body shall inform the National Enforcement Body, which, in accordance with Article 16a, paragraph 2, shall take action to ensure enforcement. [Am. 131]

5.  Within 7 days of receiving the complaint, the designated body shall confirm receipt of the complaint and Where a designated body has received a complaint, it shall notify the parties to the dispute as soon as it has received all documents containing the information relating to the complaint. It shall send a copy of the documents relating to the complaint to the appropriate National Enforcement Body. The time taken to provide the final reply to the complainant shall not be longer than three months from the receipt of the complaint 90 calendar days from the date on which the designated body has received the complete complaint file. A copy of the final reply shall also be provided to the National Enforcement Body. [Am. 132]

5a.  In order for them to be contacted concerning matters covered by this Regulation, Air carriers shall communicate their contact details, to the bodies, designated under this Article, of the Member States in which they operate. [Am. 133]

5b.  When reasons of security are invoked under this Regulation, the burden of proof shall be on the airline company concerned. [Am. 134]

Article 16aa

Member States shall provide for well-equipped, free of charge and independent mediation bodies to assist in finding solutions in case of conflicts between the passengers and the airlines and service providers of other transport modes. [Am. 135]

Article 16b

Cooperation between Member States and the Commission

1.  The Commission shall support dialogue and promote cooperation between Member States concerning national interpretation and application of this Regulation through the Committee referred to in Article 16c. [Am. 136]

2.  Member States shall provide annually a report on their activities, including the statistics referred to in Article 16(5), to the Commission, at the latest at the end of April of the following calendar year. The Commission may decide on the issues to be addressed in these reports via implementing acts. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 16c. [Am. 137]

3.  The Member States shall regularly send relevant information concerning the national interpretation and application of the Regulation to the Commission, which will make this information available in electronic form to other Member States.

4.  At the request of a Member State, or on its own initiative, the Commission shall examine cases where differences in the application and enforcement of any of the provisions of this Regulation arise and particularly concerning the interpretation of extraordinary circumstances; and shall clarify the provisions of the Regulation, with a view to promoting a common approach. To this end, the Commission may adopt a recommendation after consultation of the Committee referred to in Article 16c.

5.  At the request of the Commission, the National Enforcement Bodies shall investigate specific suspected practice by one or several air carriers and report its findings to the Commission within 4 months of the request.

5a.  The Commission and Member States shall set up a Union-wide mechanism consisting of all bodies designated under Article 16 and Article 16a to ensure the exchange between Member States of information about infringements, sanctions and best practices of enforcement between the Member States. The Commission shall make this information available in electronic form to all the Member States. [Am. 138]

5b.  The National Enforcement Bodies shall provide, upon request, information and relevant documents on individual cases of infringement to the Commission. [Am. 139]

5c.  The Commission shall publish on its website and regularly update, starting no later than 1 May 2015, a list of all air carriers operating in the Union that systematically fail to comply with the provisions of this Regulation. Irrespective of size or nationality, any carrier for whom the Commission has received evidence of infringements pursuant to Article 16b (5b) that occurred to passengers on more than 10 different flights in one calendar year, and that relate to more than one article of this Regulation, shall be considered to have systematically fail to comply with this Regulation. [Am. 140]

Article 16c

Committee procedure

1.  The Commission shall be assisted by the Passenger Rights Committee, composed of two representatives of each Member State and of which at least one will represent a National Enforcement Body. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

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

"

15a.  The following Article shall be inserted:"

'Article 16ca

Delegated acts

The Commission shall be empowered to adopt delegated acts, in accordance with Article 16cb, adding items to the exhaustive list of circumstances considered to be extraordinary circumstances resulting from the work of the National Enforcement Bodies and judgments of the European Court of Justice. ' [Am. 141]

"

15b.  The following Article shall be inserted:"

'Article 16cb

Exercise of delegation

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

2.  The power to adopt delegated acts referred to in Article 16ca shall be conferred on the Commission for a period of five years from …(13). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.  The delegation of powers referred to in Article 16ca may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5.  A delegated act adopted pursuant to Article 16ca shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. ' [Am. 142]

"

16.  Article 17 is replaced by the following:"

‘Article 17

Report

The Commission shall report to the European Parliament and the Council by 1 January 2017 on the operation and the results of this Regulation, in particular with regard to the impact of the compensation for long delays and the limitation of accommodation in extraordinary circumstances of long duration, issues concerning the interpretation of extraordinary circumstances, the statistics published by the National Enforcement Bodies on their activities, including on sanctions and their findings regarding suspected infringing practices by air carriers, the progress made in establishing national bodies responsible for the out-of-court resolution of disputes and the activities of the latter. The Commission shall also report on the enhanced protection of air passengers on flights from third countries operated by non-CommunityUnion carriers, in the context of international air transport agreements. In addition, the Commission shall report on the effectiveness of the measures taken and sanctions imposed by the bodies referred to in Article 16 and the possible need for a harmonised approach; the report shall be accompanied where necessary by legislative proposals. ' [Am. 143]

"

17.  Annex I to this Regulation is added as Annex I to Regulation (EC) No 261/2004.

Article 2

Regulation (EC) No 2027/97 is amended as follows:

1.  Paragraph 2 of Article 3 is replaced by the following:"

'2. The Community air carrier At all airports within the Union the Community air carrier and the ground handlers acting on its behalf shall provide a complaint form at the airport establish a service that provides passengers with complaint forms which allows the passenger allow them to immediately submit such a complaint about damaged or delayed baggage. Such a upon arrival. Likewise, the Community air carrier shall hand out such a complaint form at the passenger's request at their check-in desks or at their airport service desks, or both, and shall make the complaint form available on their websites. The complaint form, which may take the form of a Property Irregularity Report (PIR), shall be accepted by the air carrier at the airport as a complaint pursuant to Article 31(2) of the Montreal Convention. This possibility shall not affect the right of the passenger to submit a complaint via other means within the deadlines given prescribed by the Montreal Convention.

2a.  The Commission may adopt implementing acts, lay down the form of the standardised claim form. Those implementing acts shall be adopted in accordance with the advisory/examination procedure referred to in Article 6f(2). ' [Am. 144]

"

2.  Paragraph 2 of Article 5 is replaced by the following:"

'2. Without prejudice to paragraph 1, an advance payment shall not be less than the equivalent in euro of 18 096 SDRs per passenger in the event of death. 'The Commission shall be empowered, by means of a delegated act in accordance with Article 6c, to adjust this amount in light of a decision by the International Civil Aviation Organisation pursuant to Article 24(2) of the Montreal Convention. Any adjustment in the before mentioned amount shall also modify the corresponding amount in the Annex.'

"

2a.  In Article 5, the following paragraph is added:"

'3a. If luggage is lost, delayed or damaged, airlines shall first compensate the passengers with whom they have concluded a contract before being able to bring any claim against the airports or service providers for the damage, for which they are not necessarily responsible. ' [Am. 145]

"

3.  The following sentence is added to Article 6(1):"

'The Commission shall be empowered, by means of a delegated act in accordance with Article 6c, to adjust the amounts mentioned in the Annex, with the exception of the amount mentioned in Article 5(2), in light of a decision by the International Civil Aviation Organization pursuant to Article 24(2) of the Montreal Convention.'

"

4.  The following Articles are inserted:"

‘Article 6a

1.  Whenever carrying checked wheelchairs or other mobility equipment or assistive devices, the air carrier and its agents shall make passengers aware of their rights and offer each person with a disability or reduced mobility as defined in Article 2(a) of Regulation (EC) No 1107/2006 of the European Parliament and of the Council* the option to make, free of charge, a special declaration of interest pursuant to Article 22(2) of the Montreal Convention, at booking and at the latest when the equipment is handed to the carrier. The Commission shall adopt implementing acts laying down the model form to be used for such a declaration of interest. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 6f(2). [Am. 146]

2.  In case of destruction, loss of or damage to mobility aids, the liability of the air carrier shall be limited to the sum declared by the person at the time when the checked mobility equipment is handed over to the Community air carrier.

3.  In case of destruction, loss, damage or delay in the carriage of checked wheelchairs or other mobility equipment or assistive devices, the Community air carrier shall be liable to pay a sum not exceeding the sum declared by the passenger; unless it proves that the sum claimed is greater than the person's actual interest in delivery at destination.

3a.  Airline companies shall ensure at no additional cost, that passengers are able to use their wheelchairs, including pushchairs for children, up to the boarding gate, and that these are returned to them at the aircraft door. If for safety reasons this is impossible, airline companies shall, at no additional cost, provide wheelchair users with an alternative means of mobility at the airport terminal until such time as they are able to collect their wheelchairs,. If such safety reasons relate directly to the terminal itself, the airport management authority shall be responsible for providing the alternative means of mobility referred to in this paragraph. [Am. 147]

Article 6b

1.  The National Enforcement Body designated under Article 16 of Regulation (EC) No 261/2004 shall ensure compliance with this Regulation. For this purpose, it shall monitor:

   the terms and conditions of air transport contracts;
   the systematic offer of a special declaration of interest for checked mobility equipment, and of an appropriate level of compensation in case of damage caused to mobility equipment;
   the payment of an advance payment under Article 5(1) when applicable;
   the application of Article 6.

2.  For the purpose of monitoring the protection of passengers with reduced mobility and disabled passengers in case of damage to their mobility equipment or assistive devices, the National Enforcement Body shall also examine and take account of the information on complaints concerning mobility equipment submitted to the bodies designated under Article 16a of Regulation (EC) No 261/2004. [Am. 148]

3.  The sanctions laid down by Member States for infringements of this Regulation shall be effective, proportionate and dissuasive.

4.  In their annual reports pursuant to Article 16(6) of Regulation (EC) No 261/2004, the National Enforcement Bodies shall also publish statistics on their activity and on the sanctions applied with regard to the application of this Regulation.

Article 6c

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 power to adopt delegated acts referred to in Article 6(1) shall be conferred on the Commission for an indeterminate a period of time from the date of entry into force of this Regulation five years from …(14). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 149]

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

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

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

Article 6d

1.  Whilst Air carriers have full commercial freedom to establish the conditions under which they permit baggage to be carried, they shall clearly indicate, at booking shall clearly indicate, at an early stage of the booking process, in all distribution channels that are used, including computerised reservation systems, and at the check-in desks (including at self-service check-in machines), the maximum baggage allowance passengers are permitted to carry within the cabin and hold of the aircraft on each of the flights included within a passenger's reservation, including any restrictions on the number of items that would will be applied within a given maximum baggage allowance. Where and any restrictions on airport purchases. Details of additional charges are applied applicable for the carriage of baggage air carriers shall clearly indicate details of those charges at be communicated at an early stage of the booking process and on request at the airport in a clear, transparent and unambiguous manner. Core travel services and additional charges must be clearly identifiable and capable of being purchased separately from each other. [Am. 150]

1a.  Passengers shall be permitted to carry on board into the cabin, free of charge, essential personal items or belongings such as coats and handbags, including at least one standardised bag of airport shopping, in addition to the prescribed maximum cabin baggage allowance. [Am. 151]

1b.  Without prejudice to Regulation (EC) No 1107/2006, carry-on baggage allowances may be expressed in maximum dimensions or maximum weights of the total carry-on allowance per passenger, or both, but without any restriction on the specific number of items carried. [Am. 152]

2.  Where extraordinary circumstances, such as safety reasons or a change of the aircraft type since the booking was made, preclude the carriage in the cabin of items included in the carry-on baggage allowance, the air carrier may carry them in the hold of the aircraft, but at no extra cost to the passenger The air carrier may arrange for the above items to be carried in the hold of the aircraft in the case of exceptional conditions related to safety reasons and the specific characteristics of the aircraft preclude transportation in the cabin. No additional charges will apply in such cases. [Am. 153]

2a.  If hand baggage is moved from the cabin of the aircraft to its hold before boarding or take-off, it must be returned to passengers as they disembark the aircraft, as hand baggage. [Am. 154]

3.  These rights do not affect the restrictions on carry-on baggage established by EU and international security rules such as Regulations (EC) No 300/2008 and (EC) No 820/2008

Article 6e

1.  A Community Union air carrier shall permit a passenger to carry a musical instrument in the passenger cabin of an aircraft subject to applicable safety rules and the technical specifications and constraints of the aircraft concerned. Musical instruments shall be accepted for carriage within an aircraft cabin provided such instruments can be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat. An air carrier may determine that When accepted for carriage within the aircraft cabin, a musical instrument shall form part of a passenger's hand luggage allowance and not. The air carrier may determine that additional charges are to apply for hand luggage to be carried in addition to that allowance. [Am. 155]

2.  Where a musical instrument is too large to be stowed safely in a suitable baggage compartment within the cabin or under an appropriate passenger seat, an air carrier may request the payment of a second fare where such musical instruments are carried as hand luggage on a second seat. Such additional fare shall not be subject to the payment of the relevant airport departure tax. Where a second seat is purchased an air carrier should shall make reasonable efforts to seat the passenger and the musical instrument concerned together. Where available and if requested, musical instruments shall be carried in a heated part of an aircraft cargo hold subject to applicable safety rules, space constraints and the technical specifications of the aircraft concerned. An air carrier shall clearly indicate in its terms and conditions the basis on upon which musical instruments will be transported and the applicable charges. [Am. 156]

2a.  Where space is available and if requested, musical instruments shall be carried in a heated part of an aircraft cargo hold, subject to applicable safety rules, space constraints and the technical specifications of the aircraft concerned. Air carriers shall provide special tags for clear display on musical instruments to ensure that they are handled with the necessary care. Only instruments that are properly packaged in a rigid and/or hard-shell container specifically designed for such items shall be allowed to be carried as aircraft cargo. [Am. 157]

2b.  An air carrier shall clearly indicate at booking and in its terms and conditions the basis on which musical instruments will be transported, including the applicable charges, the facilities for the carriage of musical instruments that are available on the aircraft concerned and the dimensions of these facilities. Where a second seat needs to be booked, passengers shall be offered the possibility of booking that second seat online. [Am. 158]

Article 6f

1.  The Commission shall be assisted by the Passengers Rights 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 4 of Regulation (EU) No 182/2011 shall apply.

___________________________

* Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJ L 204, 26.7.2006, p.1). ' [Am. 159]

"

5.  Article 7 is replaced by the following:"

‘Article 7

The Commission shall report to the European Parliament and the Council by 1 January 2017 on the operation and the results of this Regulation. The report shall be accompanied where necessary by legislative proposals. '

"

6.  The Annex to Regulation (EC) No 2027/97 is replaced by Annex II to the present Regulation.

Article 3

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

Annex I

'Annex: non-exhaustive exhaustive list of circumstances considered as extraordinary circumstances for the purposes of this Regulation [Am. 160]

1.  The following circumstances shall be considered as extraordinary:

i.  natural disasters rendering impossible the safe operation of the flight;

ii.  technical problems afflicting the aircraft which are not inherent in the normal operation of the aircraft, such as the identification of a defect during the flight operation concerned and which prevents the normal continuation of the operation; or directly caused by a hidden manufacturing defect revealed formally acknowledged as such by the manufacturer or a competent authority and arose during the maintenance check preceding the flight or after the aircraft has been released to service, which impinges on flight safety; [Am. 161]

iia.  damage caused by bird strike; [Am. 162]

iii.  security risks, war, political unrest, acts of sabotage or terrorism rendering impossible the safe operation of the flight; [Am. 163]

iv.  life-threatening health risks or medical emergencies necessitating the interruption or deviation of the flight concerned; [Am. 164]

v.  unforeseen air traffic management restrictions or the unforeseen closure of the airspace or an airport, including runway closures by the authorities; [Am. 165]

vi.  meteorological conditions incompatible with flight safety or that have damaged the aircraft in flight or on the tarmac after service release and rendering the safe operation of the flight impossible; and [Am. 166]

vii.  unforeseen labour disputes at the operating air carrier or at essential service providers such as airports and Air Navigation Service Providers.' [Am. 167]

2.  The following circumstances shall not be considered as extraordinary:

i.  technical problems inherent in the normal operation of the aircraft, such as a problem identified during the routine maintenance or during the pre-flight check of the aircraft or which arises due to failure to correctly carry out such maintenance or pre-flight check; and

ii.  unavailability of flight crew or cabin crew (unless caused by labour disputes). [Am. 168]

Annex II

'ANNEX

Air carrier liability for passengers and their baggage

This information notice summarises the liability rules applied by Community air carriers as required by EU legislation and the Montreal Convention.

Compensation in the case of death or injury

There are no financial limits to the liability for passenger injury or death caused by an accident on board the aircraft or during any of the operations of embarkation and disembarkation. For damages up to 113,100 SDRs (approximate amount in local currency), the carrier cannot exclude or limit its liability. Above that amount, the air carrier is not liable if it proves that it was not negligent or otherwise at fault, or that the damage was solely due to the negligence or other fault of a third party.

Advance payments

If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 18 096 SDRs (approximate amount in local currency).

Passenger delays

In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4 694 SDRs (approximate amount in local currency).

baggage loss, damage or delay

In case of baggage loss, damage or delay, the air carrier is liable for damage up to 1 113 SDRs (approximate amount in local currency), the compensation limit being applicable per passenger and not per piece of checked baggage, unless a higher limit has been agreed upon between the carrier and the passenger through a special declaration of interest. For damaged or lost baggage, the air carrier is not liable if the damage or loss is caused by an inherent quality or defect of the baggage. For delayed baggage, the air carrier shall not be liable when it has taken all reasonable measures to avoid the damage resulting from the delay of the baggage or when it was impossible to take such measures. In case of hand luggage, including personal items, the airline is only liable if the damage has resulted from its fault.

Higher limits for baggage

A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee if so required. Such supplementary fee shall be based on a tariff which is related to the additional costs involved in transporting and insuring the baggage concerned over and above the liability limit of 1 131 SDRs. The tariff shall be made available to passengers upon request. Disabled passengers and passengers with reduced mobility shall systematically be offered free of charge the option of making a special declaration of interest for the transportation of their mobility equipment.

Time Limit for complaints on baggage

If the baggage is damaged, delayed, lost or destroyed, the passenger must in all cases write and complain to the air carrier as soon as possible. A time limit to complain of 7 days applies in case the baggage was damaged and 21 days in case it was delayed, in both cases from the date on which the baggage was placed at the passenger's disposal. In order to easily meet these deadlines, the air carrier must offer passengers the possibility to fill in a complaint form at the airport. Such complaint form, which may also take the form of a Property Irregularity Report (PIR), must be accepted by the air carrier at the airport as a complaint.

Liability of contracting and actual carriers

If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. This includes cases where a special declaration of interest at delivery has been agreed with the actual carrier.

Time limit for action

Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Basis for the information

The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002 and Regulation (EC) No ...) and national legislation of the Member States.'

(1)OJ C 327, 12.11.2013, p. 115.
(2)OJ C 327, 12.11.2013, p. 115.
(3)OJ C…
(4)Position of the European Parliament of 5 February 2014.
(5)Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 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 repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. 1).
(6)Regulation (EC) No 2027/97 of the Council of 9 October 1997 on air carrier liability of the carriage of passengers and their baggage by air (OJ L 285, 17.10.1997, p. 1).
(7)Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L 158, 23.6.1990, p.59).
(8)Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 65).
(9)Regulation (EC) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(10) Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 on insurance requirements for air carriers and aircraft operators (OJ L 138, 30.4.2004, p. 1).
(11)OJ L158, 23.6.1990, p. 59
(12)OJ L293, 31.10.2008, p.3
(13) The date of entry into force of this Regulation.
(14) The date of entry into force of this Regulation.


Insolvency proceedings ***I
PDF 528kWORD 171k
Resolution
Consolidated text
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 1346/2000 on insolvency proceedings (COM(2012)0744 – C7-0413/2012 – 2012/0360(COD))
P7_TA(2014)0093A7-0481/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0744),

–  having regard to Article 294(2) and Article 81 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0413/2012),

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

–  having regard to the opinion of the European Economic and Social Committee of 22 May 2013(1),

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

–  having regard to the report of the Committee on Legal Affairs (A7-0481/2013),

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 1346/2000 on insolvency proceedings

P7_TC1-COD(2012)0360


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 81 thereof,

Having regard to the proposal from the European Commission,

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

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

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

After consulting the European Data Protection Supervisor(4),

Whereas:

(1)  Council Regulation (EC) No 1346/2000(5) established a European framework for cross-border insolvency proceedings. It determines which Member State has jurisdiction for opening insolvency proceedings, establishes uniform rules on applicable law and provides for the recognition and enforcement of insolvency-related decisions as well as for the coordination of main and secondary insolvency proceedings.

(2)  The Commission's report on the application of Regulation (EC) No 1346/2000 of 12 December 2012(6) concludes that the Regulation is functioning well in general but that it is desirable to improve the application of certain of its provisions in order to enhance the effective administration of cross-border insolvency proceedings.

(3)  The scope of Regulation (EC) No 1346/2000 should be extended to proceedings which promote the rescue of an economically viable a debtor in severe financial distress in order to help sound companies to survive and give a second chance to entrepreneurs. It should extend, in particular, to proceedings which provide for the restructuring of a debtor at a pre-insolvency stage or which leave the existing management in place. The Regulation should also cover those proceedings providing for a debt discharge of consumers and self-employed persons which do not fulfil the criteria of the current instrument. [Am. 1]

(4)  The rules on jurisdiction for opening insolvency proceedings should be clarified and the procedural framework for determining jurisdiction should be improved. There should also be an explicit rule on jurisdiction for actions which derive directly from insolvency proceedings or and are closely linked with them. [Am. 2]

(5)  In order to improve the effectiveness of the insolvency proceedings in cases where the debtor has an establishment in another Member State, the requirement that secondary proceedings must be winding-up proceedings should be abolished. Moreover, a court should be able to refuse the opening of secondary proceedings if this is not necessary to protect the interests of local creditors. The coordination between main and secondary proceedings should be improved, in particular by requiring the courts involved to cooperate.

(6)  In order to improve the information available to creditors and courts involved and to prevent the opening of parallel insolvency proceedings, Member States should be required to publish relevant decisions in cross-border insolvency cases in a publicly accessible electronic register. Provision should be made for the interconnection of insolvency registers. Standard forms for the lodging of claims to facilitate the tasks of foreign creditors and reduce translation costs should be introduced.

(7)  There should be specific rules dealing with the coordination of proceedings involving different members of the same group of companies. The liquidators insolvency representatives and courts involved in the different insolvency proceedings should be obliged to cooperate and communicate with each other. In addition, any of the liquidators insolvency representatives involved should have the procedural tools to propose a rescue plan for the group companies subject to insolvency proceedings and to request, where necessary, a stay of the insolvency proceedings concerning a company other than the one for which they were appointed. The definition of the term "group of companies" should be understood as being limited to the context of insolvency and should not have any influence on the company aspects regarding groups. [Am 3. This amendment applies throughout the text]

(8)  In order to enable the Regulation to be swiftly adapted to relevant amendments of the domestic insolvency law which the Member States have notified, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the amendment of the Annexes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(9)  In order to ensure uniform conditions for the implementation of Regulation (EC) No 1346/2000, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(7).

(10)  Regulation (EC) No 1346/2000 should therefore be amended accordingly.

(11)  The amendment of this Regulation should be without prejudice to the rules on the recovery of State aid from insolvent companies as interpreted by the case-law of the Court of Justice of the European Union (C-454/09 Commission v. Italy – 'New Interline'). Where the full recovery of the amount of state aid is not possible because the recovery order concerns a company in insolvency proceedings, those proceedings should always be winding-up proceedings and lead to the definitive cessation of the beneficiary's activities and the liquidation of its assets.

(12)  In accordance with Articles 1 and 2 of the Protocol on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, [the United Kingdom and Ireland have given notice of their wish to take part in the adoption and application of this Regulation]/[without prejudice to Article 4 of the Protocol, the United Kingdom and Ireland will not participate in the adoption of this Regulation and will not be bound by it or be subject to its application].

(13)  In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not participating in the adoption of this Regulation, and is therefore not bound by it or subject to its application,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1346/2000 is amended as follows:

(1)  In Recital 2, the reference to Article 65 is replaced by a reference to Article 81.

(2)  In Recitals 3, 5, 8, 11, 12, 14 and 21, the term 'Community' is replaced by the term 'Union'.

(3)  Recital 4 is replaced by the following:"

'(4) It is necessary for the proper functioning of the internal market to avoid incentives for the parties to transfer assets or judicial proceedings from one Member State to another, seeking to obtain a more favourable legal position to the detriment of the general body of creditors (forum shopping).'

"

(4)  Recital 6 is replaced by the following:"

'(6) This Regulation should encompass provisions governing jurisdiction for opening insolvency proceedings and proceedings which derive directly from the insolvency proceedings and are closely connected with them. This Regulation should also contain provisions regarding the recognition and enforcement of judgments issued in such proceedings and provisions regarding the law applicable to insolvency proceedings. In addition, this Regulation should contain rules on the coordination of insolvency proceedings which relate to the same debtor or to several members of the same group of companies.'

"

(5)  Recital 7 is replaced by the following:"

'(7) Proceedings concerning the winding-up of insolvent companies or other legal persons, judicial arrangements, compositions and analogous proceedings and actions related to such proceedings are excluded from the scope of Council Regulation (EC) No 44/2001*. Such proceedings should be covered by this Regulation. The interpretation of this Regulation should as far as possible avoid regulatory loopholes between the two instruments.

_________________________

* Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, 16.1.2001, p. 1).'

"

(6)  Recital 9 is replaced by the following:"

'(9) This Regulation should apply to insolvency proceedings which fulfil the conditions set out in this Regulation, irrespective of whether the debtor is a natural person or a legal person, a trader or an individual. Those insolvency proceedings are listed exhaustively in Annex A. When a national procedure figures in Annex A, this Regulation should apply without any further examination by the courts of another Member State as to whether the conditions set out in this Regulation are fulfilled. Insolvency proceedings concerning insurance undertakings, credit institutions, investment firms to the extent that these are covered by Directive 2001/24/EC of the European Parliament and of the Council* and collective investment undertakings should be excluded from the scope of this Regulation. Such undertakings should not be covered by this Regulation since they are subject to special arrangements and the national supervisory authorities have wide-ranging powers of intervention.

__________________________

* Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding-up of credit institutions (OJ L 125, 5.5.2001, p. 15).'

"

(7)  The following recital is inserted:"

'(9a) The scope of this Regulation should extend to proceedings which promote the rescue of an economically viable a debtor in severe financial distress in order to help sound businesses to survive and give a second chance to entrepreneurs. It should extend, in particular, to proceedings which provide for the restructuring of a debtor at a pre-insolvency stage, proceedings which leave the existing management in place and proceedings providing for a debt discharge of consumers and self-employed persons. Since these those proceedings do not necessarily entail the appointment of a liquidator, an insolvency representative, they should be covered by this Regulation if they take place under the control or supervision of a court. In this context, the term "control" should include situations where the court only intervenes on appeal by a creditor or interested party.' [Am. 3]

"

(8)  Recital 10 is replaced by the following: "

"(10) Insolvency proceedings do not necessarily involve the intervention of a judicial authority; the expression 'court' in this Regulation should be given a broad meaning and include a person or body empowered by national law to open insolvency proceedings. In order for this Regulation to apply, proceedings (comprising acts and formalities set down in law) should not only have to comply with the provisions of this Regulation, but they should also be officially recognised and legally effective in the Member State in which the insolvency proceedings are opened." [Am. 4]

"

(8a)  Recital 11 is replaced by the following:"

'(11) This Regulation acknowledges the fact that as a result of widely differing substantive laws it is not practical to introduce insolvency proceedings with universal scope in the entire Community Union. The application without exception of the law of the State of opening of proceedings would, against this background, frequently lead to difficulties. This applies, for example, to the widely differing laws on security interests to be found in the Community Union. Furthermore, the preferential rights enjoyed by some creditors in the insolvency proceedings are, in some cases, completely different. Further harmonisation measures should also introduce preferential rights of employees. This Regulation should take account of this in two different ways. On the one hand, provision should be made for special rules on applicable law in the case of particularly significant rights and legal relationships (e.g. rights in rem and contracts of employment). On the other hand, national proceedings covering only assets situated in the State of opening should also be allowed alongside main insolvency proceedings with universal scope'. [Am. 5]

"

(9)  The following recital is inserted:"

'(12a) Before opening insolvency proceedings, the competent court should examine ex officio whether the debtor's centre of main interests or establishment is actually located within its jurisdiction. Where the circumstances of the case give rise to doubts about the court's jurisdiction, the court should require the debtor to submit additional evidence to support his assertions and, where appropriate, give the debtor's creditors the opportunity to present their views on the question of jurisdiction. In addition, creditors should have an effective remedy against the decision opening insolvency proceedings.'

"

(10)  Recital 13 is deleted.

(11)  The following recitals are inserted:"

'(13a) The "centre of main interests" of a company or other legal person should be presumed to be at the place of its registered office. It should be possible to rebut this presumption, in particular if the company's central administration is located in a Member State other than the Member State where its registered office is situated and a comprehensive assessment of all the relevant factors establishes, in a manner that is ascertainable by third parties, that the company’s actual centre of management and supervision and of the management of its interests is located in that other Member State. By contrast, it should not be possible to rebut the presumption where the bodies responsible for the management and supervision of a company are in the same place as its registered office and the management decisions are taken there in a manner ascertainable by third parties. [Am. 6]

   (13b) The courts of the Member State opening insolvency proceedings should also have jurisdiction for actions which derive directly from the insolvency proceedings and are closely linked with them, such as avoidance actions. Where such an action is related with another action based on general civil and commercial law, the liquidator insolvency representative should be able to bring both actions in the courts of the defendant's domicile if he considers it more efficient to do so. This could, for example, be the case if the liquidator insolvency representative wishes to combine an action for director's liability on the basis of insolvency law with an action based on company law or general tort law.'

"

(12)  The following recitals are inserted:"

'(19a) Secondary proceedings may also hamper the efficient administration of the estate. Therefore, the court opening secondary proceedings should be able, on request of the liquidator insolvency representative, to postpone or refuse the opening if those proceedings are not necessary to protect the interests of local creditors. This should be the case, in particular, if the liquidator insolvency representative, by an undertaking binding on the estate, agrees to treat local creditors as if secondary proceedings had been opened and to apply the rules of ranking of the Member State where the opening of secondary proceedings has been requested when distributing the assets located in that Member State. This Regulation should confer on the liquidator insolvency representative the possibility to give such undertakings and to lay down objective criteria which such undertakings need to meet. [Am. 7]

   (19b) In order to ensure effective protection of local interests, the liquidator insolvency representative in the main proceedings should not be able to realise or re-locate the assets situated in the Member State where an establishment is located in an abusive manner, in particular, with the purpose of frustrating the possibility that such interests be effectively satisfied if secondary proceedings are subsequently opened. Local creditors should also be entitled to seek protective measures from a court in cases where an insolvency representative appears to be unable to honour the undertakings.' [Am. 8]

"

(13)  Recital 20 is replaced by the following:"

'(20) Main insolvency proceedings and secondary proceedings can only contribute to the effective realisation of the total assets if all the concurrent proceedings pending are coordinated. The main condition here is that the various liquidators insolvency representatives and the courts involved must cooperate closely, in particular by exchanging a sufficient amount of information. In order to ensure the dominant role of the main proceedings, the liquidator insolvency representative in such proceedings should be afforded several possibilities to intervene in secondary insolvency proceedings which are pending at the same time. In particular, the liquidator insolvency representative should be able to propose a restructuring plan or composition or apply for a suspension of the realisation of the assets in the secondary insolvency proceedings. In their cooperation, liquidators insolvency representatives and courts should take into account best practices for cooperation in cross-border insolvency cases as set out in principles and guidelines on communication and cooperation adopted by European and international associations active in the area of insolvency law.'

"

(14)  The following recitals are inserted:"

'(20a) This Regulation should ensure the efficient administration of insolvency proceedings relating to different companies forming part of a group of companies. Where insolvency proceedings have been opened for several companies of the same group, such proceedings should be properly coordinated, in particular in order to avoid the possibility of the insolvency of one group member jeopardising the future of other members of the group. The various liquidators insolvency representatives and the courts involved should therefore be under the same obligation to cooperate and communicate with each other as those involved in main and secondary proceedings relating to the same debtor. In addition, a liquidator appointed in proceedings relating to a member of a group of companies should have standing to propose a rescue plan in the proceedings concerning another member of the same group to the extent such a tool is available under national insolvency law. [Am. 10]

   (20aa) The introduction of group coordination proceedings should in particular strengthen the restructuring of a group and/or its members by allowing for the flexible coordinated conduct of insolvency proceedings. Group coordination proceedings should not bind the individual proceedings but should rather serve as a reference for the measures to be taken in those individual proceedings. [Ams 9 and 11]
   (20b) The introduction of rules on the insolvency of groups of companies should not limit the possibility of a court to open insolvency proceedings for several companies belonging to the same group in a single jurisdiction if the court finds that the centre of main interests of those companies is located in a single Member State within its national and local jurisdiction. In such situations, the court should also be able to appoint, if appropriate, the same liquidator insolvency representative in all proceedings concerned. Member States should also be able to introduce provisions on the insolvency of groups of companies within their jurisdiction which go beyond the provisions of this Regulation and do not affect the efficient and effective application of this Regulation.' [Am. 12]

"

(15)  The following recital is inserted:"

'(21a) It is essential that creditors who have their habitual residence, domicile or registered office in the Union be informed about the opening of insolvency proceedings relating to their debtor's assets. In order to ensure a swift transmission of information to creditors, Regulation (EC) No 1393/2007 of the European Parliament and of the Council* should not apply where this Regulation refers to the obligation to inform creditors. The use of standard forms available in all official languages of the Union should facilitate the task of creditors when lodging claims in proceedings opened in another Member State.

_____________________

* Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the on the service in the Member States of judicial and extrajudicial documents in civil and commercial matters (OJ L 324, 10.12.2007, p. 79).'

"

(16)  Recital 29 is replaced by the following:"

'(29) For business considerations, the main content of the decision opening the proceedings should be published in another Member State at the request of the liquidator insolvency representative. If there is an establishment in the Member State concerned, such publication should be mandatory until such time as the system of interconnection of insolvency registers is established. In neither case, however, should publication be a prior condition for recognition of the foreign proceedings.'

"

(17)  The following recital is inserted:"

'(29a) In order to improve the information to creditors and courts involved and to prevent the opening of parallel insolvency proceedings, Member States should be required to publish relevant information in cross-border insolvency cases in a publicly accessible electronic register. In order to facilitate access to that information for creditors and courts domiciled or located in other Member States, this Regulation should provide for the interconnection of insolvency registers.'

"

(18)  Recital 31 is replaced by the following:"

'(31) This Regulation should include Annexes specifying, in particular, the national insolvency proceedings which are covered by this Regulation. In order to enable this Regulation to be swiftly adapted to relevant amendments of the domestic insolvency law of the Member States, the Commission should be empowered to adopt amendments to the annexes by way of delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union ('TFEU'). Before adopting a delegated act amending the list of national proceedings in the Annexes, the Commission should verify whether the procedure notified fulfils the criteria set out in this Regulation. When preparing and drawing up delegated acts, the Commission should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.'

"

(19)  The following recitals are inserted:"

'(31a)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council*.

   (31b) This Regulation respects the fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union (''the Charter''). In particular, this Regulation seeks to promote the application of Articles 8, 17 and 47 of the Charter concerning, respectively, the protection of personal data, the right to property and the right to an effective remedy and to a fair trial.
   (31c) Directive 95/46/EC of the European Parliament and of the Council** and Regulation (EC) No 45/2001 of the European Parliament and of the Council*** apply to the processing of personal data within the framework of this Regulation.

__________________

* Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

** Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

*** Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).'

"

(20)  In recitals 32 and 33, the words 'Treaty establishing the European Community' are replaced by the words 'Treaty on the Functioning of the European Union'.

(21)  Articles 1 and 2 are replaced by the following:"

'Article 1

Scope

1.  This Regulation shall apply to collective judicial or administrative proceedings, including interim proceedings, which are based on a law relating to insolvency or adjustment of debt and in which, for the purpose of rescue avoidance of liquidation, adjustment of debt, reorganisation or liquidation,

   (a) the debtor is totally or partially divested of his assets and a liquidator an insolvency representative is appointed, or
   (b) the assets and affairs of the debtor are subject to control or supervision by a court.

Where such proceedings may be commenced prior to the insolvency, their purpose must be the avoidance of liquidation.

The proceedings referred to in this paragraph shall be listed in Annex A. [Am. 13]

   1a. Where under the law of the Member State in which insolvency proceedings are opened, the proceedings referred to in paragraph 1 are confidential, this Regulation shall apply to such proceedings only as from the time when they become public in accordance with the law of that Member State and provided that they do not affect the claims of those creditors who are not involved in them. [Am. 14]

2.  This Regulation shall not apply to insolvency proceedings concerning

   (a) insurance undertakings,
   (b) any credit institutions, including institutions defined in Article 2 of Directive 2013/36/EU of the European Parliament and of the Council*, [Am. 15]
   (c) investment firms to the extent that these are covered by Directive 2001/24/EC as amended, and institutions subject to Directive 2011/61/EU of the European Parliament and of the Council**, [Am. 16]
   (d) collective investment undertakings.

_____________________

* Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).

** Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1).

Article 2

Definitions

For the purposes of this Regulation:

   (a) "insolvency proceedings" means the proceedings listed in Annex A;
   (b) "liquidator insolvency representative" means any person or body whose function, including on a provisional basis, is to administer, in full or in part, or to liquidate assets of which the debtor has been divested or to supervise the administration of his affairs. Those persons and bodies are listed in Annex C;
   (ii) in a case which does not involve the appointment of, or the transfer of the debtor's powers to, a liquidator, the debtor in possession. [Am. 17]
   (ba) "debtor in possession" means a debtor in respect of whom insolvency proceedings have been opened which do not involve the complete transfer of the rights and duties to administer the debtor's assets to an insolvency representative and where the debtor therefore remains at least partially in control of his assets and affairs; [Am. 18]
   (c) "court" means the judicial body or any other competent body of a Member State empowered to open insolvency proceedings, to confirm such opening or to take decisions in the course of such proceedings;
   (d) "judgment opening insolvency proceedings" includes
   (i) the decision of any court to open insolvency proceedings or to confirm the opening of such proceedings, and
   (ii) the decision by a court appointing a provisional liquidator insolvency representative.
   (e) "the time of the opening of proceedings" means the time at which the judgment opening insolvency proceedings becomes effective, whether it is a final judgment or not; [Am. 20]
   (f) "the Member State in which assets are situated" means, in the case of:
   (i) tangible property, the Member State within the territory of which the property is situated,
   (ii) property and rights ownership of or entitlement to which must be entered in a public register, the Member State under the authority of which the register is kept,
   (iii) registered shares in companies, the Member State within the territory of which the company which issued the shares has its registered office,
   (iv) financial instruments, title to which is evidenced by entries in a register or account maintained by or on behalf of an intermediary ("book entry securities"), the Member State in which the register or account in which the entries are made is maintained,
   (v) cash held in accounts with a credit institution, the Member State indicated in the account's IBAN,
   (vi) claims against third parties other than those relating to assets referred to in point (v), the Member State within the territory of which the third party required to meet them has the centre of his main interests, as determined in Article 3(1);
   (g) "establishment" means any place of operations where the debtor carries out, or has carried out in the three months prior to the request for the opening of the main insolvency proceedings, a non-transitory economic activity with human means and assets or services; [Am. 21]
   (ga) “action directly deriving from insolvency proceedings and closely linked with them” means an action directed at obtaining a judgment that, by virtue of its substance, cannot be, or could not have been, obtained outside of, or independently from, insolvency proceedings, and that is exclusively admissible where insolvency proceedings are pending; [Am. 22]
   (gb) "close-out netting provision" means a contractual provision on the basis of which, upon the occurrence of an event predefined in the provision in relation to a party to the contract, the obligations owed by the parties to each other that are covered by the provision, whether or not they are at that time due and payable, are automatically, or at the election of one of the parties, reduced to or replaced by a single net obligation, whether by way of novation, termination or otherwise, representing the aggregate value of the combined obligations, which is thereupon due and payable by one party to the other; [Am. 23]
   (h) "local creditors" means the creditors whose claims against the debtor arose from the operation of an establishment situated in a Member State other than the one where the debtor's centre of main interests is located;
   (i) "group of companies" means a number of companies consisting of parent company and all its subsidiary companies; [Am. 24]
   (j) "parent company" means a company which controls one or more subsidiary companies. A company which prepares consolidated financial statements in accordance with Directive 2013/34/EU of the European Parliament and of the Council* shall be deemed to be a parent company; [Am. 25]
   (i) has a majority of the shareholders' or members' voting rights in another company (a "subsidiary company"); or
   (ii) is a shareholder or member of the subsidiary company and has the right to
   (aa) appoint or remove a majority of the members of the administrative, management or supervisory body of that subsidiary; or
   (bb) exercise a dominant influence over the subsidiary company pursuant to a contract entered into with that subsidiary or to a provision in its articles of association.
   (ja) “crucial functions within the group” means
   (i) the ability, prior to the opening of insolvency proceedings with respect to any member of the group, to take and enforce decisions of strategic relevance for the group or parts of it; or
   (ii) the economic significance within the group, which shall be presumed if the group member or members contribute at least 10 per cent to the consolidated balance-sheet total and consolidated turnover. [Am. 26]

________________________

* Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).'

"

(22)  Article 3 is amended as follows:

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

'1. The courts of the Member State within the territory of which the centre of a debtor's main interests is situated shall have jurisdiction to open insolvency proceedings ("main proceedings"). The centre of main interests shall be the place where the debtor conducts the administration of his interests on a regular basis at least three months prior to the opening of insolvency proceedings or provisional proceedings and which is ascertainable by third parties. [Am. 27]

In the case of a company or legal person, the place of the registered office shall be presumed to be the centre of its main interests in the absence of proof to the contrary.

In the case of an individual exercising an independent business or professional activity, the centre of main interests shall be that individual's principal place of business; in the case of any other individual, the centre of main interests shall be the place of the individual's habitual residence. '

"

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

'3. Where a judgment opening insolvency proceedings have has been opened delivered in accordance with paragraph 1, any proceedings opened subsequently in accordance with paragraph 2 shall be secondary proceedings. In such a case, the relevant time for assessing whether the debtor possesses an establishment within the territory of another Member State shall be the date of the opening of the main proceedings.' [Am. 28]

"

(23)  The following articles are inserted:"

'Article 3a

Jurisdiction for related actions

1.   The courts of the Member State within the territory of which insolvency proceedings have been opened in accordance with Article 3 shall have jurisdiction for any action which derives directly from the insolvency proceedings and is closely linked with them.

2.   Where an action referred to in paragraph 1 is related to an action in civil and commercial matters against the same defendant, the liquidator insolvency representative may bring both actions in the courts of the Member State within the territory of which the defendant is domiciled, or, where the action is brought against several defendants, in the courts of the Member State within the territory of which any of them is domiciled, provided that that court has jurisdiction pursuant to the rules of Regulation (ECEU) No 44/2001 1215/2012 of the European Parliament and of the Council*. [Am. 29]

3.   For the purpose purposes of this Article paragraph 2, actions are deemed to be related where they are so closely connected that it is expedient to hear and determine them together to avoid the risk of irreconcilable judgments resulting from separate proceedings. [Am. 30]

Article 3b

Examination as to jurisdiction; right to judicial review

1.  The court seised of a request to open insolvency proceedings shall ex officio examine whether it has jurisdiction pursuant to Article 3. The judgment opening insolvency proceedings shall specify the grounds on which the jurisdiction of the court is based and, in particular, whether jurisdiction is based on Article 3(1) or (2).

2.  Where insolvency proceedings are opened in accordance with national law without a decision by a court, the liquidator appointed in such proceedings shall examine whether the Member State in which the proceedings are pending has jurisdiction pursuant to Article 3. Where this is the case, the liquidator shall specify the grounds on which jurisdiction is based and, in particular, whether jurisdiction is based on Article 3(1) or (2). [Am. 31]

3.  Any creditor or interested party who has his habitual residence, domicile or registered office in a Member State other than the State of the opening of proceedings, shall have the right to challenge the decision opening the main proceedings The court opening main proceedings or the liquidator shall inform such creditors insofar as they are known of the decision in due time in order to enable them to challenge it. on grounds of international jurisdiction within three weeks after information concerning the date of the opening of insolvency proceedings has been made publicly available in accordance with point (a) of Article 20a. [Am. 32]

______________________

* Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012). '

"

(24)  In Article 4(2), point (m) is replaced by the following:"

'(m) the rules relating to the voidness, voidability or unenforceability of legal acts detrimental to the general body of creditors.'

"

(25)  The following article is inserted:"

'Article 6a

Netting agreements Close-out netting provisions

Netting agreementsWhen one party to a contract containing a close-out netting provision is an institution falling within the scope of Directive 2001/24/EC, that close-out netting provision shall be governed solely by the law of the contract governing such agreementsprovision.' [Am. 33]

"

(26)  The following article is inserted:"

'Article 10a

Approval requirements under local law

Where the law of the Member State governing the effects of insolvency proceedings on the contracts referred to in Articles 8 and 10 provides that a contract can only be terminated or modified with the approval of the court opening insolvency proceedings but no insolvency proceedings have been opened in that Member State, the court which opened the insolvency proceedings shall have the competence to approve the termination or modification of those contracts.'

"

(26a)  Article 12 is replaced by the following:"

'Article 12

Community European patents with unitary effect and Community trade marks

For the purposes of this Regulation, a Community European patent with unitary effect, a Community trade mark or any other similar right established by Community law may be included only in the proceedings referred to in Article 3(1).' [Am. 34]

"

(27)  Article 15 is replaced by the following:"

'Article 15

Effects of insolvency proceedings on lawsuits or arbitral proceedings pending

The effects of insolvency proceedings on a pending lawsuit or arbitral proceeding concerning an asset or a right of which the debtor has been divested shall be governed solely by the law of the Member State in which that lawsuit is pending or in which the arbitral proceedings have their seat.'

"

(28)  Article 18 is amended as follows:

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

'1. The liquidator insolvency representative appointed by a court which has jurisdiction pursuant to Article 3(1) or, in the case of a debtor in possession proceedings in accordance with that jurisdiction, either the insolvency representative or the debtor may exercise all the powers conferred on him by the law of the State of the opening of proceedings in another Member State, as long as no other insolvency proceedings have been opened there and no preservation measure to the contrary has been taken there further to a request for the opening of insolvency proceedings in that State. Subject to Articles 5 and 7, he may in particular remove the debtor's assets from the territory of the Member State in which they are situated. He may also give the an enforceable and binding undertaking that the distribution and priority rights which local creditors would have had if secondary proceedings had been opened will be respected in the main proceedings. Such an undertaking shall be subject to the form specify the factual assumptions upon which it is based, in particular with respect to the distribution of local claims over the priority and ranking system under the law governing the secondary proceedings, the value of distributable assets within the secondary proceedings, the options available to realise such value, the proportion of creditors in the main proceedings participating in the secondary proceedings and the costs that would have to be incurred by the opening of secondary proceedings. Requirements concerning the form which the undertaking is to take, if any, shall be laid down by the laws of the State of the opening of the main proceedings and shall be enforceable and binding on the estate.' [Am. 35]

"

(b)  in paragraph 3, the last sentence is replaced by the following:"

'Those powers may not include coercive measures, unless ordered by a court, or the right to rule on legal proceedings or disputes.'

"

(29)  The following articles are inserted:"

'Article 20a

Establishment of insolvency registers

Member States shall establish and maintain in their territory one or more registers in which the following information is made available to the public on the internet free of charge ("insolvency registers"):

   (a) the date of the opening of insolvency proceedings;
   (b) the court opening insolvency proceedings and the case reference number, if any;
   (c) the type of insolvency proceedings opened;
   (d) the name and address of the debtor;
   (da) if the debtor is a company, the company number and the address of its registered office; [Am. 36]
   (e) the name and address of the liquidator insolvency representative appointed in the proceedings, if any;
   (f) the time limit for lodging claims;
   (g) the decision opening insolvency proceedings;
   (h) the decision appointing the liquidator insolvency representative, if different from the decision referred to in point (g);
   (i) the date of closing the main proceedings.

Article 20b

Interconnection of insolvency registers

1.  The Commission shall establish, by means of implementing acts, a decentralised system for the interconnection of insolvency registers. That system shall be composed of the insolvency registers and the European e-Justice Portal, which shall serve as the central public electronic point of access to information from the system. The system shall provide a search service in all the official languages of the Union in order to make available the information referred to in Article 20a.

2.  By means of implementing acts in accordance with the procedure referred to in Article 45b(3), the Commission shall adopt by ...+ the following:

   the technical specification defining the methods of communication and information exchange by electronic means on the basis of the established interface specification for the system of interconnection of insolvency registers;

______________________

+ 36 months after the entry into force of this Regulation.

   the technical measures ensuring the minimum information technology security standards for communication and distribution of information within the system of interconnection of insolvency registers;
   minimum criteria for the search service provided by the European e-Justice Portal based on the information set out in Article 20a;
   minimum criteria for the presentation of the results of such searches based on the information set out in Article 20a;
   the modalities and the technical conditions of availability of services provided by the system of interconnection; and
   a glossary containing a basic explanation of the national insolvency procedures listed in Annex A.

Article 20c

Costs of establishing and interconnecting insolvency registers

1.  The establishment and future development of the system of interconnection of insolvency registers shall be financed from the general budget of the Union.

2.  Each Member State shall bear the costs of adjusting its domestic insolvency registers to make it interoperable with the European e-Justice Portal, as well as the costs of administering, operating and maintaining that register.

Article 20d

Registration of insolvency proceedings

Where main or secondary proceedings are opened in relation to a company or legal person or an individual exercising an independent business or professional activity, the court opening insolvency proceedings shall ensure that the information referred to in Article 20a is published immediately in the insolvency register of the State of opening. Member States shall establish procedures for removing entries from the insolvency register.' [Am. 37]

"

(30)  Article 21 is replaced by the following:"

'Article 21

Publication in another Member State

1.  Until such time as the system of interconnection of insolvency registers referred to in Article 20b is established, the liquidator insolvency representative shall request that notice of the judgment opening insolvency proceedings and, where appropriate, the decision appointing him, be published in any other Member State where an establishment of the debtor is located, in accordance with the publication procedures provided for in that State. Such publication shall specify the liquidator appointed and whether the jurisdiction rule applied is that pursuant to Article 3(1) or (2) all other information provided for in Article 20a. [Am. 38]

2.  The liquidator insolvency representative may request that the information referred to in the first paragraph of this Article be published in any other Member State where assets or creditors or debtors of the debtor are located, in accordance with the procedure provided for in that State.' [Am. 39]

"

(31)  Article 22 is replaced by the following:"

'Article 22

Registration in public registers of another Member State

Until such time as the system of interconnection of insolvency registers referred to in Article 20b is established, the liquidator insolvency representative shall request that the decisions referred to in Article 21 be published in the land register, trade register or any other public register of any other Member State where an establishment of the debtor is located and has been entered in a public register of that Member State. The liquidator insolvency representative may request such publication in any other Member State.'

"

(31a)  In Article 24, paragraph 2 is replaced by the following:"

'2. Where such an obligation is honoured before the publication provided for in Article 20a or 21 has been effected, the person honouring the obligation shall be presumed, in the absence of proof to the contrary, to have been unaware of the opening of insolvency proceedings; where the obligation is honoured after such publication has been effected, the person honouring the obligation shall be presumed, in the absence of proof to the contrary, to have been aware of the opening of proceedings.' [Am. 40]

"

(32)  Article 25 is replaced by the following:"

'Article 25

Recognition and enforceability of other judgments

1.  Judgments handed down by a court whose judgment concerning the opening of proceedings is recognised in accordance with Article 16 and which concern the course and closure of insolvency proceedings, and compositions approved by that court, shall also be recognised with no further formalities. Such judgments shall be enforced in accordance with Articles 32 39 to 56, with the exception of Article 34(2), 46 of Regulation (EC EU) No 44/20011215/2012. [Am. 41]

The first subparagraph shall also apply to judgments deriving directly from the insolvency proceedings and which are closely linked with them, even if they were handed down by another court.

The first subparagraph shall also apply to judgments relating to preservation measures taken after the request for the opening of insolvency proceedings or in connection with it.

2.  The recognition and enforcement of judgments other than those referred to in paragraph 1 shall be governed by Regulation (EU) No 1215/2012 provided that that Regulation is applicable.'

"

(33)  Article 27 is replaced by the following:"

'Article 27

Opening of proceedings

Where main proceedings have been opened by a court of a Member State and recognised in another Member State, a court of another Member State which has jurisdiction pursuant to Article 3(2) may open secondary insolvency proceedings in accordance with the provisions set out in this Chapter. The effects of secondary proceedings shall be restricted to the assets of the debtor situated within the territory of the Member State where those proceedings have been opened.'

"

(34)  The following article is inserted:"

'Article 29a

Decision to open secondary proceedings

1.  The court seized seised of a request to open secondary proceedings shall immediately give notice to the liquidatorinsolvency representative in the main proceedings and give him an opportunity to be heard on the request. [Am. 42]

2.  Upon request by the liquidator insolvency representative in the main proceedings, the court referred to in paragraph 1 shall postpone the decision opening, or refuse to open, secondary proceedings if the insolvency representative in the main proceedings provides sufficient evidence that the opening of such proceedings is not necessary to protect the interests of local creditors, in particular when the liquidator insolvency representative in the main proceedings has given the undertaking referred to in Article 18(1) and complies with its terms. [Am. 43]

   2a. Local creditors shall have the right to challenge the decision to postpone or to refuse the opening of secondary proceedings within three weeks of that decision having been made available to the public under point (a) of Article 20a. [Am. 44]
   2b. Local creditors shall have the right to petition the court conducting the main proceedings to require the insolvency representative in the main proceedings to take suitable measures necessary to protect the interests of the local creditors. Such requirement may include a prohibition against a removal of assets from the Member State in which the opening of secondary proceedings has been postponed or refused, a postponement of the distribution of proceeds in the main proceedings or an obligation on the insolvency representative in the main proceedings to provide security for the performance of the undertakings. [Am. 45]
   2c. The court referred to in paragraph 1 may appoint a trustee whose powers are restricted. The trustee shall ensure that the undertaking is duly performed and shall participate in its implementation if this is necessary for the protection of the interests of local creditors. The trustee shall have the right to petition in accordance with paragraph 2b. [Am. 46]

3.  When deciding whether to open secondary proceedings, the court referred to in paragraph 1 shall open the type of proceedings under its national law which is the most appropriate taking into account the interests of the local creditors, irrespective of whether any conditions relating to the debtor's solvency are fulfilled.

4.  The liquidator insolvency representative in the main proceedings shall be immediately notified of the decision to open secondary proceedings and shall have the right to challenge that decision within three weeks after receipt of notification thereof. In justified cases the court opening secondary proceedings may shorten that period to not less than one week after receipt of the notification.'[Am. 47]

"

(35)  Article 31 is replaced by the following:"

'Article 31

Cooperation and communication between liquidators insolvency representatives

1.  The liquidator insolvency representatives in the main insolvency proceedings and the liquidators in the secondary proceedings concerning the same debtor shall cooperate with each other to the extent that such cooperation is appropriate in order to facilitate the effective administration of the proceedings, is not incompatible with the rules applicable to each of the proceedings and does not entail any conflict of interests. Such cooperation may take the form of agreements or protocols. [Am. 48]

2.  In particular, the liquidators insolvency representatives shall:

   (a) immediately communicate to each other any information which may be relevant to the other proceedings, in particular any progress made in lodging and verifying claims and all measures aimed at rescuing or restructuring the debtor or at terminating the proceedings, provided appropriate arrangements are made to protect confidential information;
   (b) explore the possibility of restructuring the debtor and, where such possibility exists, coordinate the elaboration and implementation of a restructuring plan;
   (c) coordinate the administration of the realisation or use of the debtor's assets and affairs; the liquidator insolvency representative in the secondary proceedings shall give the liquidator insolvency representative in the main proceedings an early opportunity to submit proposals on the realisation or use of the assets in the secondary proceedings.'

"

(36)  The following articles are inserted:"

'Article 31a

Cooperation and communication between courts

1.  In order to facilitate the coordination of main and secondary insolvency proceedings concerning the same debtor, a court before which a request to open insolvency proceedings is pending or which has opened such proceedings shall cooperate with any other court before which insolvency proceedings are pending or which has opened such proceedings to the extent that such cooperation is appropriate in order to facilitate the effective administration of the proceedings and is not incompatible with the rules applicable to each of the proceedings. For this purpose, the courts may, where appropriate, appoint a person or body acting to act on its instructions, provided that this is not incompatible with the rules applicable to the proceedings.  [Am. 49]

2.  The courts referred to in paragraph 1 may communicate directly with, or request information or assistance directly from, each other provided that such communication is free of charge and respects the procedural rights of the parties to the proceedings and the confidentiality of information.

3.  Cooperation may be implemented by any appropriate means, including

   (a) communication of information by any means considered appropriate by the court;
   (b) coordination of the administration and supervision of the debtor's assets and affairs;
   (c) coordination of the conduct of hearings,
   (d) coordination in the approval of protocols.

Article 31b

Cooperation and communication between liquidators insolvency representatives and courts

1.  In order to facilitate the coordination of main and secondary insolvency proceedings opened with respect to the same debtor, [Am. 50]

   (a) a liquidator an insolvency representative in main proceedings shall cooperate and communicate with any court before which a request to open secondary proceedings is pending or which has opened such proceedings, and
   (b) a liquidator an insolvency representative in secondary or territorial insolvency proceedings shall cooperate and communicate with the court before which a request to open main proceedings is pending or which has opened such proceedings,

in each case to the extent that such cooperation and communication are appropriate in order to facilitate the coordination of the proceedings, are not incompatible with the rules applicable to each of the proceedings and do not entail any conflict of interests. [Am. 51]

2.  The cooperation referred to in paragraph 1 shall be implemented by any appropriate means, including the means set out in Article 31a(3), to the extent that these are not incompatible with the rules applicable to each of the proceedings.'

"

(37)  Article 33 is amended as follows:

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

'Stay of proceedings';

"

(b)  in paragraphs 1 and 2, the words "process of liquidation" are replaced by the word "proceedings".

(38)  Article 34 is replaced by the following:"

'Article 34

Closure of main or secondary insolvency proceedings

1.  The closure of main proceedings shall not prevent the continuation of secondary proceedings which are still open at that point in time.

2.  Where secondary proceedings concerning a legal person have been opened in the Member State of that person's registered office and the closure of those proceedings entails the dissolution of the legal person, such dissolution shall not prevent the continuation of main proceedings which have been opened in another Member State.the legal person concerned shall not be struck off the company register until the main proceedings are closed.'[Am. 52]

"

(39)  In Article 35, the term "liquidation" is replaced by the term "realisation".

(40)  Article 37 is replaced by the following:"

'Article 37

Conversion of earlier proceedings

The liquidator insolvency representative in the main proceedings may request the court of the Member State where secondary proceedings have been opened to order the conversion of the secondary proceedings into another type of insolvency proceedings available under the law of that Member State.'

"

(41)  Article 39 is replaced by the following:"

'Article 39

Right to lodge claims

Any creditor who has his habitual residence, domicile or registered office in a Member State other than the State of the opening of proceedings, including the tax authorities and social security authorities of Member States ("foreign creditors"), shall have the right to lodge claims in the insolvency proceedings by any means of communication, including electronic means, which are accepted by the law of the State of opening. Representation by a lawyer or another legal professional shall not be mandatory for the lodging of claims.'

"

(42)  Article 40 is amended as follows:

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

'The notice shall also include a copy of the standard claims form referred to in Article 41 or a link to the publication of that form on the internet.';

"

(b)  the following paragraph is added:"

'3. The information referred to in this Article shall be provided using the standard notice form to be established in accordance with the advisory procedure referred to in Article 45b(4) and to be published in the European e-Justice Portal by ...+. The form shall bear the heading "Notice of insolvency proceedings" in all official languages of the Union. It shall be transmitted in the official language or one of the official languages of the State of the opening of proceedings or in another language which that State has indicated it can accept in accordance with Article 41(3) if it can be assumed that that language is easier to understand for the foreign creditors.'

"

________________________

+ 24 months after the entry into force of this Regulation.

(43)  Article 41 is replaced by the following:"

'Article 41

Procedure for lodging claims

1.  Any known foreign creditor shall lodge his claim using the standard claims form to be established in accordance with the advisory procedure referred to in Article 45b(4) and to be published on the European e-Justice Portal by ...+. The form shall bear the heading "Lodgment of claims" in all official languages of the Union.

2.  In the standard claims form, the creditor referred to in paragraph 1 shall indicate

   (a) his name and address;
   (b) the nature of the claim;
   (c) the amount of the claim and the date on which it arose;

________________________

+ 24 months after the entry into force of this Regulation.

   (d) whether any preferential creditor status is claimed;
   (e) whether security in rem or a reservation of title is alleged in respect of the claim and if so, what assets are covered by the security interest he is invoking; and
   (f) whether any set-off is claimed and whether the amount claimed is net of set-off.

The standard claims form shall be accompanied by copies of supporting documents, if any.

3.  Claims may be lodged in any official language of the Union. The creditor may be required to provide a translation into the official language or one of the official languages of the State of the opening of proceedings or into another language which that Member State has accepted. Each Member State shall indicate at least one official language of the Union other than its own which it accepts for the purpose of the lodging of claims.

4.  Claims shall be lodged within the period stipulated by the law of the State of the opening of insolvency proceedings. In the case of a foreign creditor, that period shall not be less than 45 days following the publication of the opening of proceedings in the insolvency register of the State of opening.

5.  Where the liquidator insolvency representative contests a claim lodged in accordance with this Article, he shall give the creditor the opportunity to provide additional evidence on the existence and the amount of the claim.'

"

(44)  Article 42 is deleted.

(45)  The following Chapter is inserted:"

'CHAPTER IVa

INSOLVENCY OF MEMBERS OF A GROUP OF COMPANIES

Article 42a

Duty to cooperate and communicate information between liquidators insolvency representatives

1.  Where insolvency proceedings relate to two or more members of a group of companies, a liquidator an insolvency representative appointed in proceedings concerning a member of the group shall cooperate with any liquidator insolvency representative appointed in proceedings concerning another member of the same group to the extent that such cooperation is appropriate to facilitate the effective administration of the proceedings, is not incompatible with the rules applicable to such proceedings and does not entail any conflict of interests. That cooperation may take the form of agreements or protocols.

2.  In the exercise of the cooperation referred to in paragraph 1, the liquidators insolvency representatives shall

   (a) immediately communicate to each other any information which may be relevant to the other proceedings, provided that appropriate arrangements are made to protect confidential information;
   (b) explore the possibilities for restructuring the group members subject to insolvency proceedings and, where such possibilities exist, coordinate with respect to the proposal and negotiation of a coordinated restructuring plan; [Am. 53]
   (c) coordinate the administration and supervision of the affairs of the group members subject to insolvency proceedings.

The liquidators insolvency representatives may agree to grant additional powers to the liquidator insolvency representative appointed in one of the proceedings where such an agreement is permitted by the rules applicable to each of the proceedings.

Article 42b

Communication and cooperation between courts

1.  Where insolvency proceedings relate to two or more members of a group of companies, a court before which a request to open proceedings concerning a member of the group is pending or which has opened such proceedings shall cooperate with any other court before which a request to open proceedings concerning another member of the same group is pending or which has opened such proceedings to the extent that such cooperation is appropriate to facilitate the effective administration of the proceedings and is not incompatible with the rules applicable to them. For this purpose, the courts may, where appropriate, appoint a person or body acting to act on its instructions, provided that this is not incompatible with the rules applicable to the proceedings. [Am. 54]

2.  The courts referred to in paragraph 1 may communicate directly with each other, or request information or assistance directly from each other.

3.  Cooperation shall take place by any appropriate means, including

   (a) communication of information by any means considered appropriate by the court provided that such communication shall be free of charge and shall respect the procedural rights of the parties to the proceedings and the confidentiality of information;
   (b) coordination of the administration and supervision of the assets and affairs of the members of the group;
   (c) coordination of the conduct of hearings;
   (d) coordination in the approval of protocols.

Article 42c

Cooperation and communication between liquidators insolvency representatives and courts

A liquidatorAn insolvency representative appointed in insolvency proceedings concerning a member of a group of companies shall cooperate and communicate with any court before which a request for the opening of proceedings with respect to another member of the same group of companies is pending or which has opened such proceedings, to the extent that such cooperation is appropriate to facilitate the coordination of the proceedings, and is not incompatible with the rules applicable to them and does not entail any conflict of interests. In particular, the liquidator insolvency representative may request information from that court concerning the proceedings regarding the other member of the group or request assistance concerning the proceedings in which he has been appointed. [Am. 55]

Article 42d

Powers of the liquidatorsinsolvency representatives and stay of proceedings

1.  A liquidatorAn insolvency representative appointed in insolvency proceedings opened with respect to a member of a group of companies shall have the right

   (a) to be heard and to participate, in particular by attending creditors' meetings, in any of the proceedings opened with respect to any other member of the same group; and
   (b) to request, for a period of up to two months, a stay of the proceedings opened with respect to any other member of the same group. [Am. 56]
   (c) to propose a rescue plan, a composition or a comparable measure for all or some members of the group for which insolvency proceedings have been opened and to introduce it into any of the proceedings opened with respect to another member of the same group in accordance with law applicable to those proceedings; and [Am. 57]
   (d) to request any additional procedural measures under the law referred to in point c) which may be necessary to promote rescue, including the conversion of proceedings. [Am. 58]

2.  The court which opened proceedings referred to in point (b) of paragraph 1 shall stay those proceedings in whole or in part if it is proven the insolvency representative provides sufficient evidence that such a stay would be to the benefit of the creditors in those proceedings. Such a stay may be ordered for up to three two monthsand may be continued or renewed for the same period. The court ordering the stay may require the liquidatorinsolvency representative to take any suitable measure to guarantee the interests of the creditors in the proceedings. [Am. 59]

Article 42da

Opening of group coordination proceedings

1.  Group coordination proceedings may be brought by an insolvency representative in any court having jurisdiction over the insolvency proceedings of a member of the group, provided that:

   (a) insolvency proceedings with respect to that member of the group are pending; and
   (b) the members of the group having their centre of main interests in the Member State of the court seised to open the group coordination proceedings perform crucial functions within the group.

2.  Where more than one court is seised to open group coordination proceedings, the group coordination proceedings shall be opened in the Member State where the most crucial functions within the group are performed. To that extent, the courts seised shall communicate and cooperate with each other in accordance with Article 42b. Where the most crucial functions cannot be determined, the first court seised may open group coordination proceedings provided that the conditions for opening such proceedings are satisfied.

3.  Where group coordination proceedings have been opened, the right of insolvency representatives to request a stay of the proceedings in accordance with point (b) of Article 42d(1) shall be subject to the approval of the coordinator. Existing stays shall remain in force and effect, subject to the coordinator’s power to request the cessation of any such stay. [Am. 60]

Article 42db

Tasks and rights of the coordinator

1.  The court opening group coordination proceedings shall appoint a coordinator. The coordinator shall be independent of the group members and their creditors and shall have the task of:

   (a) identifying and outlining procedural and substantive recommendations for the coordinated conduct of the insolvency proceedings;
   (b) mediating in disputes arising between two or more insolvency representatives of group members; and
   (c) presenting a group coordination plan that identifies, describes and recommends a comprehensive set of measures appropriate to an integrated approach to the resolution of the group members’ insolvencies. In particular, the plan may entail recommendations on
   (i) the measures to be taken in order to re-establish the economic performance and financial soundness of the group or any part of it;
   (ii) the settlement of intra-group disputes, in particular with respect to intra-group transactions and avoidance actions;
   (iii) agreements between the insolvency representatives of the insolvent group members.

2.  The coordinator shall have the right:

   (a) to be heard and to participate, in particular by attending creditors' meetings, in any of the proceedings opened with respect to any member of the group;
   (b) to present and explain a group coordination plan approved in accordance with Article 42dc(3);
   (c) to request information from any insolvency representative that is or might be of use for the purpose of identifying and outlining strategies and measures in order to coordinate the proceedings; and
   (d) to request a stay for a period of up to three months of the proceedings opened with respect to any other member of the group and to request the cessation of any such stay. [Am. 61]

Article 42dc

Court approval of group coordination plans

1.  Insolvency representatives appointed for insolvency proceedings that would be affected by the implementation of a group coordination plan may comment on the draft of the group coordination plan within a period of not more than one month set by the coordinator when submitting the plan.

2.  The draft plan submitted for court approval shall be accompanied by:

   (a) a representation of the coordinator as to how paragraph 1 has been complied with;
   (b) the comments received from the insolvency representatives as at the time of submission of the draft plan; and
   (c) a reasoned statement by the coordinator as to how the comments have, or have not, been reflected in the draft plan.

3.  The court shall approve the plan if it is satisfied that the coordinator has complied with the formal requirements of paragraph 2 of this Article and of point (c) of Article 42db(1). [Am. 62]

Article 42dd

Relation between group coordination proceedings and insolvency proceedings

1.  When conducting their insolvency proceedings, insolvency representatives shall have a duty to consider the recommendations of the coordinator and the group coordination plan. Where an insolvency representative intends to deviate from measures or actions proposed in the group coordination plan, he shall explain the reasons for such deviation at the creditors’ meeting or to any other body to which he is accountable under the laws of the relevant Member State.

2.  Non-compliance with paragraph 1 shall be treated as a breach of the duties of the insolvency representative under the laws of the relevant Member State. [Am. 63]

Article 42de

Coordinator’s liability

The coordinator shall perform his duties with due care. He shall be responsible vis-à-vis the estates of the insolvency proceedings covered by the group coordination proceedings for damage reasonably attributable to breaches of those duties. His liability shall be established in accordance with the law of the Member State where the coordination proceedings were opened. [Am. 64]

Article 42df

Costs

1.  The laws of the Member States shall make provision for the court fees and the remuneration of the coordinator.

2.  The costs in the group coordination proceedings shall be borne pro rata by the group members in relation to which insolvency proceedings had been opened at the time of the opening of the coordination proceedings. The share to be borne by each group member shall be calculated with reference to the share of the asset value of such member in the consolidated assets of all the members of the group in relation to which insolvency proceedings had been opened.' [Am. 65]

"

(46)  The following article is inserted:"

'Article 44a

Information on national insolvency law

1.  The Member States shall provide, within the framework of the European Judicial Network in civil and commercial matters established by Council Decision 2001/470/EC*, with a view to making the information available to the public, a description of their national insolvency law and procedures, in particular relating to the matters listed in Article 4(2).

2.  The Member States shall update that information regularly.

_____________________

* Council Decision 2001/470/EC of 28 May 2001 establishing a European Judicial Network in civil and commercial matters (OJ L 174, 27.6.2001, p. 25).'

"

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

'Article 45

Amendment of the Annexes

1.  The Commission shall be empowered to adopt delegated acts to amend Annexes A and C in accordance with the procedure laid down in this Article and Article 45a.

2.  In order to trigger an amendment of Annex A,Member States shall notify the Commission of their national rules on insolvency proceedings which they want to have included in Annex Ameet the criteria set out in Article 1, accompanied by a short description. The Commission shall examine whether the notified rules comply with the conditions set out in Article 1 and, where this is the case, shall amend Annex A by means of delegated acts.[Am. 66]

   2a. Member States shall notify the Commission of any substantial changes affecting their national rules on insolvency proceedings. The Commission shall examine whether the amended rules comply with the conditions set out in Article 1, and, where they do comply therewith, shall amend Annex A by means of delegated acts.' [Am. 67]

"

(48)  The following articles are inserted:"

'Article 45a

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 referred to in Article 45 shall be conferred for an indeterminate period of time from the date of entry into force of this Regulation.

3.  The delegation of powers referred to in Article 45 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 on 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 45 shall enter into force if no objection has been expressed by the European Parliament or the Council within a period of two months after notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 45b

Power to adopt implementing acts

1.  The power to adopt implementing acts is conferred on the Commission for the following purposes:

   (a) to provide for the interconnection of insolvency registers as referred to in Article 20b; and
   (b) to establish and subsequently amend the forms referred to in Articles 40 and 41.

2.  In adopting or amending the implementing acts referred to in paragraph 1, the Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

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

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

"

(49)  In Article 46, the date '1 June 2012' is replaced by '…..[10 years after its entry into application]'.

(50)  The following article is inserted:"

'Article 46a

Data protection

1.  Member States shall apply theNational rules transposing Directive 95/46/EC shall apply to the processing of personal data carried out in the Member States pursuant to this Regulation, provided that the processing operations referred to in Article 3(2) of Directive 95/46/EC are not affected. [Am. 68]

2.  Regulation (EC) No 45/2001 shall apply to the processing of personal data carried out by the Commission pursuant to this Regulation.'

"

(51)  Annex B is deleted.

(51a)  In Annex C, the section entitled ‘DEUTSCHLAND’ is replaced by the following:"

'DEUTSCHLAND

   Konkursverwalter
   Vergleichsverwalter
   Sachwalter (nach der Vergleichsordnung)
   Verwalter
   Insolvenzverwalter
   Sachwalter (nach der Insolvenzordnung)
   Treuhänder
   Vorläufiger Insolvenzverwalter
   Vorläufiger Sachwalter'. [Am. 69]

"

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.

It shall apply from ... (8) , with the exception of Article 44a, which shall apply from …(9)+.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at ...,

For the European Parliament For the Council

The President The President

(1) OJ C 271, 19.9.2013, p. 55.
(2)OJ C 271, 19.9.2013, p. 55.
(3) Position of the European Parliament of 5 February 2014.
(4)OJ C 358, 7.12.2013 p. 15.
(5)Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (OJ L 160, 30.6.2000, p.1).
(6)OJ C , , p.
(7)Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(8) 24 months after the entry into force of this Regulation.
(9)+ 12 months after the entry into force of this Regulation.


A 2030 framework for climate and energy policies
PDF 269kWORD 163k
European Parliament resolution of 5 February 2014 on a 2030 framework for climate and energy policies (2013/2135(INI))
P7_TA(2014)0094A7-0047/2014

The European Parliament,

–  having regard to the Commission Green Paper entitled ‘A 2030 framework for climate and energy policies’ (COM(2013)0169),

–  having regard to the Treaty on the Functioning of the European Union, in particular Articles 191, 192 and 194 thereof,

–  having regard to its resolution of 17 February 2011 on Europe 2020(1),

–  having regard to Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC(2),

–  having regard to Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC(3),

–  having regard to Regulation (EU) No 994/2010 of the European Parliament and of the Council of 20 October 2010 concerning measures to safeguard security of gas supply and repealing Council Directive 2004/67/EC(4),

–  having regard to Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009(5), and to the Commission communication of 14 October 2013 entitled ‘Long-term infrastructure vision for Europe and beyond’ (COM(2013)0711), which sets out the first Union-wide list of energy infrastructure projects of common interest (PCIs),

–  having regard to the Commission communication of 13 November 2008 entitled ‘Second Strategic Energy Review: an EU Energy Security and Solidarity Action Plan’ (COM(2008)0781),

–  having regard to Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings(6),

–  having regard to the proposal for a regulation of the European Parliament and of the Council establishing the Connecting Europe Facility (COM(2011)0665),

–  having regard to the Commission White Paper of 28 March 2011 entitled ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’ (COM(2011)0144), and to European Parliament’s resolution of 15 December 2011 on ‘the Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’(7),

–  having regard to the Commission communication of 8 March 2011 entitled ‘A Roadmap for moving to a competitive low carbon economy in 2050’ (COM(2011)0112), and to Parliament’s resolution of 15 March 2012 on a roadmap for moving to a competitive low carbon economy in 2050(8),

–  having regard to the Commission communication of 20 September 2011 entitled ‘Roadmap to a Resource Efficient Europe’ (COM(2011)0571), and to Parliament’s resolution of 24 May 2012 on a resource-efficient Europe(9),

–  having regard to the Commission communication of 15 December 2011 entitled ‘Energy Roadmap 2050’ (COM(2011)0885), and to Parliament’s resolution of 14 March 2013 on ‘the Energy Roadmap 2050, a future with energy’(10),

–  having regard to the Commission communication of 10 October 2012 entitled ‘A stronger European industry for growth and economic recovery’ (COM(2012)0582),

–  having regard to Parliament’s resolution of 15 December 2010 on revision of the Energy Efficiency Action Plan(11),

–  having regard to the Commission communication of 27 March 2013 entitled ‘Renewable energy progress report’ (COM(2013)0175),

–  having regard to its resolution of 21 November 2012 on the environmental impacts of shale gas and shale oil extraction activities(12),

–  having regard to its resolution of 21 November 2012 on industrial, energy and other aspects of shale gas and oil(13),

–  having regard to its resolution of 22 November 2012 on the Climate Change Conference in Doha, Qatar (COP 18)(14),

–  having regard to its resolution of 12 September 2013 on ‘microgeneration – small-scale electricity and heat generation’(15),

–  having regard to the Commission communication of 6 June 2012 entitled ‘Renewable energy: a major player in the European energy market’ (COM(2012)0271), and to its resolution of 21 May 2013 on current challenges and opportunities for renewable energy in the European internal energy market(16),

–  having regard to the Commission communication of 15 November 2012 entitled ‘Making the internal energy market work’ (COM(2012)0663), and to its resolution of 10 September 2013 on making the internal energy market work(17),

–  having regard to the Commission report of 14 November 2012 entitled ‘The state of the European carbon market in 2012’ (COM(2012)0652),

–  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 Council conclusions of 14 March 2011, in which it reaffirmed the EU objective of reducing greenhouse gas emissions by 80-95 % by 2050, compared with 1990 levels,

–  having regard to its resolution of 23 October 2013 on the climate change conference in Warsaw, Poland (COP 19)(18),

–  having regard to its resolution of 6 May 2010 on mobilising information and communication technologies to facilitate the transition to an energy-efficient, low‑carbon economy(19),

–  having regard to the report of 10 June 2013, commissioned by the Commission from the Centre for European Policy Studies, entitled ‘Assessment of cumulative cost impact for the steel industry’(20),

–  having regard to the Commission staff working document entitled ‘Exploiting the employment potential of green growth’ (SWD(2012)0092),

–  having regard to its resolution of 12 June 2012 on ‘engaging in energy policy cooperation with partners beyond our borders: a strategic approach to secure, sustainable and competitive energy supply’(21),

–  having regard to the joint report by the Commission and the International Labour Organisation entitled ‘Towards a greener economy: the social dimensions’,

–  having regard to its resolution of 2 July 2013 on ‘blue growth: enhancing sustainable growth in the EU’s marine, maritime transport and tourism sectors’(22),

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

–  having regard to the joint deliberations of the Committee on the Environment, Public Health and Food Safety and the Committee on Industry, Research and Energy under Rule 51 of its Rules of Procedure,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the Committee on Industry, Research and Energy, and to the respective opinions of the Committee on Development and the Committee on Employment and Social Affairs (A7-0047/2014),

A.  whereas climate targets, sustainable growth, security of energy supply, economic and technological competitiveness and the completion of the single energy market are of the utmost importance for the EU and are deeply linked;

B.  whereas this is acknowledged in the Treaty on the Functioning of the European Union (TFEU), which stipulates that the objectives of the Union's energy policy include the functioning of the energy market, security of (energy) supply, energy efficiency, energy saving, new and renewable energy sources, and interconnections, and that the Union's environmental policy must contribute to preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources and the promotion of measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change;

C.  whereas only binding targets offer the Member States the necessary flexibility to decarbonise their economies in the most efficient and cost-effective way, taking into account national circumstances and specificities;

D.  whereas the European Council has committed itself to reducing GHG emissions by 80 to 95 % by 2050 as part of necessary reductions by developed countries as a group;

E.  whereas the 2030 framework for climate and energy policies needs to combine careful consideration of climate commitments (both long- and short-term) with the need to address compelling economic and social issues such as energy security, high energy costs for industry and households, and the need for job creation, economic recovery and a transition towards a sustainable growth model;

F.  whereas the various policy objectives, such as reducing greenhouse gas emissions, securing energy supply and underpinning economic growth, competitiveness and employment, must be based on cutting-edge technology that makes cost-effective use of resources;

G.  whereas the legal framework for the current climate and energy package, with binding objectives for the percentage of renewables and reductions in energy consumption and greenhouse gas emissions, expires in 2020; whereas an end to national requirements for greater use of renewables could undermine the necessary growth in this sector;

H.  whereas the Commission stated in its aforementioned Energy Roadmap 2050 that people’s well-being, industrial competitiveness and the overall functioning of society are dependent on safe, secure, sustainable and affordable energy;

I.  whereas significant investment is needed to modernise the energy system, with or without decarbonisation, which will have an impact on energy prices in the period up to 2030;

J.  whereas energy saving and energy efficiency are the fastest and cheapest routes to addressing issues such as energy security, external dependence, high prices and environmental concerns;

K.  whereas the cost-effective energy saving potential of the building sector is estimated to be 65 million tonnes of oil equivalent (Mtoe) by 2020;

L.  whereas the current climate of uncertainty surrounding the future direction of climate and energy policy is deterring much-needed investment in clean technology;

M.  whereas the Energy Roadmap 2050 states that decarbonisation of the energy sector and a high renewables scenario are cheaper than the continuation of current policies, and that over time the price of energy from nuclear and fossil fuels will continue to rise, whereas the cost of renewables will decrease;

N.  whereas the Commission’s ‘Roadmap for moving to a competitive low‑carbon economy in 2050’ estimates that improving local air quality would yield health savings of up to EUR 17 billion per year by 2030, and whereas the International Energy Agency (IEA) estimates that by 2035 2 °C-consistent policies could cut the EU’s annual fossil fuel import bill by 46 % or EUR 275 billion (1 % of EU GDP);

O.  whereas final energy prices have steadily increased over the last decade, and are therefore a growing preoccupation for EU citizens and a considerable cost for companies and industries;

P.  whereas attention must be paid to the impact of climate and energy policy, not only on the most vulnerable groups in society but also on low- and middle-income households, whose standards of living have been squeezed in recent years;

Q.  whereas the transport sector accounts for a significant share of both greenhouse gas emissions and energy consumption in the EU; whereas greenhouse gas emissions from the transport sector increased by 36 % between 1996 and 2007;

R.  whereas climate change poses an urgent and potentially irreversible threat to human development, biodiversity and national security that must be addressed by the international community;

S.  whereas the 2013 assessment of Working Group I of the Intergovernmental Panel on Climate Change (IPCC) shows that we have a choice in shaping our future but that the door of opportunity is closing rapidly, as we have already burned more than half of the ‘carbon budget’ that would give us a likely chance of limiting warming to 2 °C, and that current planning cycles for major business and infrastructure investments urgently need to factor this into their decision-making;

T.  whereas the international community committed itself at the 2009 Copenhagen summit to limiting global warming to 2 °C above pre-industrial levels during the 21st century, and whereas it is currently not on track to honour this commitment;

U.  whereas the IPCC’s Fifth Assessment Report recently confirmed that we are not on track to honour the aforementioned climate commitment, as cumulative carbon emissions exceeding one trillion tonnes will lead to a temperature increase of more than 2 °C, and whereas we have already accumulated about half of that amount; whereas current practices will thus lead to a rise of more than 2 °C in less than 30 years; whereas we need to set ambitious targets and start acting on them now;

V.  whereas current emission trajectories are on a path to lead to 2 °C warming within 20 to 30 years and to 4 °C warming by 2100, according to the World Bank report entitled ‘Turn Down the Heat’;

W.  whereas in order to keep climate change below 2 °C, the Council reaffirmed in 2011 the EU objective of reducing greenhouse gases by 80-95 % by 2050, compared with 1990 levels;

X.  whereas UN Secretary-General Ban Ki-moon has invited heads of state to his Climate Summit in September 2014 with a view to making clear commitments to further action on climate change;

Y.  whereas, according to the UN Environment Programme’s Emissions Gap Report 2013, current climate pledges for 2020 are not sufficient to prevent dangerous climate change, and whereas more ambitious greenhouse gas emissions reductions will therefore be needed after 2020;

Z.  whereas Eurostat figures show that the EU reduced its CO2 emissions by 16,97 % between 1990 and 2011 and is on track to achieve its 2020 target in this regard;whereas more ambitious CO2 emissions reductions are necessary for the EU to stay on track to meet its 2050 climate goals;

AA.  whereas UN Statistics Division figures show that global CO2 emissions increased by more than 50 % between 1990 and 2010;

AB.  whereas verified EU emissions fell by 16 % from 2005 to 2012 in the sectors covered by the Emissions Trading System (ETS), and by 10 % in non-ETS sectors, indicating that the 2020 reduction targets of -21 % and -10 %, respectively, are likely to be achieved several years in advance;

AC.  whereas the 2050 low-carbon roadmap shows that domestic emissions reductions of 40-44 % are on a cost-effective trajectory for the very bottom end of the EU´s 80-95 % 2050 objective, such that a 2030 target of more than 44 % will be required in order to put them on a cost-effective trajectory for the middle or the upper end of that range;

AD.  whereas the European Environment Agency has estimated the minimum cost of not adapting to climate change at EUR 100 billion per year in 2020 and EUR 250 billion in 2050, for the EU as a whole;

AE.  whereas, while the EU is responsible for 11 % of global greenhouse gas emissions, according to IEA estimates, and EU CO2 emissions measured in metric tonnes per capita are still higher than both the world average and the averages for emerging economies and developing countries, the European single market has the largest GDP of any economy in the world, along with significant diplomatic capacity; whereas even though the EU has limited capacity to lower global emissions by means of unilateral action, it therefore has a significant leading role to play in leveraging climate action by other economies, particularly in the context of reaching a binding international agreement in Paris in 2015; whereas the EU consequently needs to define a clear and ambitious position and ensure that the future agreement is ratifiable in all the Member States;

AF.  whereas the challenge of global climate change can only be addressed if ambitious EU policies are combined with commitments from third countries;

AG.  whereas for the EU greenhouse gas emissions reduction target and other EU climate action to be successful, they should be part of a global effort; whereas the 2030 framework should determine the EU’s negotiating position as regards a 2015 global climate change agreement; whereas until an equitable global agreement has been reached, the competitiveness of the EU economy should be appropriately addressed;

AH.  whereas the reduction of greenhouse gas emissions will also have a positive impact on public health by reducing air pollution, especially in and around population centres;

AI.  whereas wind and solar energy production peaked at 61 % of total electricity output in Germany on 16 June 2013, showing that climate and energy policies are successful and should be seen as a role model when it comes to boosting regional coordination and cooperation;

AJ.  whereas, according to Eurostat, the EU had a 13 % share of renewables in 2011 and is on track to achieve its 2020 target in this regard;

AK.  whereas the EU is therefore on track to achieve its binding 2020 targets (for reducing greenhouse gas emissions and improving its renewable energy share), but not its indicative energy efficiency target of 20 %;

AL.  Whereas, according to the International Energy Outlook 2013, global energy use will grow by 56 % between 2010 and 2040 (with non-OECD Asian countries accounting for 60 % of the increase) and fossil fuels (including a remarkable share of coal) will continue to supply almost 80 % of world energy use through to 2040;

AM.  whereas investments in energy efficiency, renewable energy and the lowering of greenhouse gas emissions impact on one another in many ways and it is of the utmost importance that trade-offs between those objectives be openly addressed and made known to the public;

AN.  whereas investors and industries urgently need a clear long-term framework for EU climate and energy policy with greater levels of certainty, and thus clear price signals, in order to encourage medium- and long-term sustainable investment, reduce the associated risk and take advantage of opportunities on the global market for sustainable technologies; whereas a clear climate and energy strategy is crucial for the EU’s industrial competitiveness, the stimulation of economic growth and job creation;

AO.  whereas the 2030 framework for climate and energy policies needs to combine careful consideration of climate commitments (both long-term EU goals and short-term international negotiations) with the need to address compelling economic and social issues such as energy security, high energy costs for industry and households, and the need for job creation and economic recovery;

AP.  whereas, on account of the limited availability of domestic resources, an ambitious EU transition to renewable energy is the only way to guarantee a secure energy supply at affordable prices in the future;

AQ.  whereas the Commission’s Energy Roadmap 2050, endorsed by Parliament, states that, in order to decarbonise the economy, energy efficiency, renewable energies and energy infrastructure are the 'no-regret' options and that appropriate policies and instruments should be adopted;

AR.  whereas the IEA, in its Energy Efficiency Market Report 2013, has referred to energy efficiency as the world’s first fuel, and whereas energy efficiency is the cheapest and fastest way to reduce the EU’s energy dependence, enhance energy security, lower energy bills and fight climate change;

AS.  whereas the potential of renewables has not yet been fully exploited; whereas the Commission’s Energy Roadmap 2050 states that they are to account for the major share of energy provision by 2050, necessitating specific milestone objectives up to that date so as to ensure that the prospects for renewable energy in the EU and diversification of energy supply on the European internal energy market are credible and stable, underpinning the EU’s competitiveness and the security of its energy supplies and contributing to the development of new sectors and export opportunities;

AT.  whereas the development of renewables and increased energy efficiency will have a favourable impact on climate and energy objectives, strengthen the security of the EU’s energy supplies, boost its technological lead and industrial competitiveness, stimulate growth and employment and generate high added value for the EU in the future;

AU.  whereas improving energy efficiency is the most cost-effective and fastest way to reduce the EU’s energy dependence, while at the same time alleviating high energy bills for end users and creating jobs and growth for local economies;

AV.  whereas the EU’s import bill for fossil fuels amounted to EUR 406 billion in 2011 (equivalent to over EUR 1000 per head of population), and whereas its dependence on energy imports is expected to grow; whereas this dependence leaves the Union vulnerable to world energy prices and political shocks, and compromises Union and Member State foreign policy autonomy; whereas it is vital, therefore, to make energy prices for end users as transparent as possible; whereas the EU must focus more closely on 'no-regret' energy efficiency, renewables and energy infrastructure options;

AW.  whereas money spent on importing fossil fuels contributes little to investment, jobs or growth in the Union, and whereas redirecting this money to domestic investment in energy efficiency, renewable energy and smart infrastructure would therefore stimulate the construction, automotive and high-tech industries and their downstream suppliers, creating high-quality, high-skilled jobs which cannot be exported/delocalised;

AX.  whereas, according to the IEA, two thirds of global energy efficiency potential will remain untapped in 2035 because this field is not a genuine political priority;

AY.  whereas studies by the Fraunhofer Institute have indicated that the EU can cost‑effectively achieve energy savings of 40 % by 2030;

AZ.  whereas studies have shown that the EU has the potential to achieve cost-effective end-use energy savings of more than 40 % across all sectors of the economy (residential, 61 %; transport, 41 %; tertiary, 38 %; industry, 21 %); whereas realising this potential would result in net savings of EUR 239 billion per year on energy bills;

BA.  whereas more than 40 % of final energy in the EU is used for heating and cooling purposes, of which (according to the European Technology Platform on Renewable Heating and Cooling) 43 % goes to households, 44 % to industry and the rest (13 %) to services;

BB.  whereas it has been demonstrated that the biggest potential for cost-effective energy savings lies in the building sector, which is currently responsible for 40 % of the EU’s final energy use and 36 % of its CO2 emissions;

BC.  whereas studies indicate that improving energy efficiency reduces costs, benefiting both industry and individuals;

BD.  whereas, on the basis of current trends, global population is expected to exceed 9 billion by 2050 and global energy demand to increase by more than 40 % by 2030;

BE.  whereas ever-increasing energy prices have led to higher rates of fuel poverty in the EU;

BF.  whereas the May 2012 European Council acknowledged that energy efficiency can make a significant contribution to reversing current rises in energy prices and costs, which are mainly affecting the most vulnerable members of society;

BG.  whereas an ambitious energy savings target will increase net employment by 400 000 jobs by 2020, notably by creating much-needed employment in the construction sector, and improve public budgets by reducing unemployment costs;

BH.  whereas the completion of the internal energy market is a precondition for the EU’s overall energy security, competitive energy prices and cost-effective fulfilment of its climate policy objectives;

BI.  whereas without coordination and cost-effective implementation the various subsidies for different energy sources and technologies distort competition and hinder the completion of the internal energy market, without increasing investment certainty;

BJ.  whereas in 2011 fossil fuel subsidies for electricity alone in the EU amounted to EUR 26 billion, a figure that does not include gas and oil subsidies;

BK.  whereas the conclusions of the European Council meeting of 22 May 2013 called for priority to be given to phasing out environmentally or economically harmful subsidies, including for fossil fuels;

BL.  whereas studies indicate that upgrading and developing the grids and providing more interconnections are an important way of improving the internal market, reducing energy costs and boosting the competitiveness of industry, as long as a cost-benefit analysis is used to target the relevant investments;

BM.  whereas studies show that overall system costs and effects vary significantly among different generation sources; whereas such aspects should also be considered in the process of framing EU climate and energy policies;

BN.  whereas the IEA estimates that the increasing decentralisation of energy supply will shift investment needs in respect of energy infrastructure from the transmission level to the distribution level, with distribution grids requiring three quarters of such investment in 2030;

BO.  whereas Eurostat figures show that around 40 % of EU residents already live in urban areas and that urbanisation is increasing, and whereas renewable energy sources alleviate the particulate pollution present in the atmosphere; whereas transportation accounts for a considerable proportion of emissions and will be positively affected by efficiency efforts;

BP.  whereas the Commission stated in its Energy Roadmap 2050 that upgrading the grid is unavoidable and, more importantly, that the cost will be the same no matter which future energy scenario is chosen, even if it is decided to follow the business-as-usual scenario; whereas it is consequently essential to develop a smart, interconnected grid and to choose a scenario based on renewable energy and energy efficiency, as this is the only way to achieve the goals of sustainability, competitiveness, energy independence, energy security and affordable energy prices;

BQ.  whereas, according to the European Competitiveness Report 2012, the sustainable energy and environmental technology sector offers significant business and job creation opportunities;

BR.  whereas the European Competitiveness Report 2012 recommends that, in order to remain competitive, EU firms focus on ‘exploiting the business opportunities offered by global environmental and societal goals and challenges’;

BS.  whereas, according to estimates given in the Commission’s Energy Roadmap 2050, all the decarbonisation scenarios assessed require a renewable energy share of between 55 % and 75 % of final energy consumption in 2050; whereas, according to the same estimates, the share of renewable energy beyond 2020 will plummet if additional measures are not taken;

BT.  whereas the EU is currently a global leader in renewable energy technology, with around half a million jobs already having been created in this sector; whereas a higher share of renewables will result in longer-term sustainable growth and increased energy security;

BU.  whereas the renewable energy sector contributes 1 % of EU GDP and directly or indirectly employs about 1,2 million people, 30 % more than in 2009; whereas in 2020 2,7 million people in the EU will be employed by the renewable energy sector;

BV.  whereas the renewable energy and energy efficiency sectors have been growing despite the crisis, and are expected to bring further increases in the EU’s GDP in the future;

BW.  whereas studies have shown that China is the most attractive country for investments in renewable energy, while the US, India, Japan, Canada and Australia are also among the most attractive countries;

BX.  whereas there is a need to ensure the EU’s competitiveness in the global market;

BY.  whereas increased research into various new and sustainable kinds of energy and the exchange of best practice offer the best chances of a long-term solution to the problem;

BZ.  whereas sustainable development is based on a balance between the three pillars of environmental, economic and social development;

CA.  whereas the local and regional levels play an essential role in promoting and implementing the measures needed to move towards a low-carbon economy;

Targets

1.  Welcomes the Commission Green Paper on a 2030 framework for climate and energy policies and expects the European Council to address these issues with ambitious, realistic, cost-effective and flexible responses that will maintain a sustainable competitive advantage for the EU, with its energy knowledge and expertise, and work in both the short and long term;

2.  Expresses its deep concern about the proposals for a new governance structure for the 2030 framework, and recalls that the 2020 framework is based on full codecision between Parliament and the Council; insists that the Commission should base any legal proposal under full codecision between Parliament and the Council;

3.  Regrets that the Commission’s communication ‘A policy framework for climate and energy in the period from 2020 to 2030’ (COM(2014)0015), adopted on 22 January 2014, is short-sighted and unambitious on a number of levels, specifically as regards the lack of national targets for renewable energy and of any meaningful new action to incentivise energy efficiency; notes the Commission’s recent communication on energy prices and costs in Europe (COM(2014)0021);

4.  Notes the recent publication of the first part of the IPCC’s Fifth Assessment Report, adopted on 27 September 2013, which confirms that 95 % of global warming is due to human activities (compared with the figure of 90 % given in the Fourth Assessment Report in 2007) and warns of the possible consequences of inaction for the stability of our ecosystem;

5.  Calls on the Council and the Commission to adopt and implement, as part of the EU’s 2030 framework for climate and energy policies, a multi-faceted approach based on mutually reinforcing, coordinated and coherent policies and ambitious binding targets for the reduction of greenhouse gas emissions, renewable energy sources and energy efficiency; asks the Commission and the Member States to take greater advantage of the interactions between these three targets, since they are the most appropriate tools for achieving the EU’s climate and energy objectives in a cost-effective way in the time horizon to 2030, providing investment certainty, and boosting and strengthening competitiveness and energy security in the EU;

6.  Calls on the Commission and the Member States to set a binding EU 2030 target of reducing domestic greenhouse gas emissions by at least 40 % compared with 1990 levels; considers that the level of ambition must be consistent with a cost-efficient trajectory for meeting the 2 °C objective; stresses that such a target should be implemented by means of individual national targets taking into account the individual situation and potential of each Member State;

7.  Agrees that the EU should pledge to meet this greenhouse gas target, as part of the international climate negotiations, in good time before the summit hosted by the UN Secretary General in September 2014, and calls on the European Council to do the same as soon as possible;

8.  Calls on the Commission and the Member States to set a binding EU 2030 energy efficiency target of 40 %, in line with research on cost-effective energy saving potential; stresses that such a target should be implemented by means of individual national targets taking into account the individual situation and potential of each Member State;

9.  Calls on the Commission and the Member States to set a binding EU 2030 target of producing at least 30 % of total final energy consumption from renewable energy sources; stresses that such a target should be implemented by means of individual national targets taking into account the individual situation and potential of each Member State;

10.  Points out that all sectors of the economy will need to contribute to reducing greenhouse gas emissions if the EU is to deliver its fair share of global efforts; believes that early agreement on the 2030 framework for climate and energy policies is necessary in order for the EU to prepare itself for international negotiations on a new, legally binding international agreement and provide Member States, industry and other sectors with a clear, legally binding framework and targets for making the necessary medium- and long-term investment in emissions reduction, energy efficiency and renewable energy;

11.  Notes that decarbonisation paths will rely on differing shares of sustainable technologies in the Member States: renewables, nuclear energy, and carbon capture and storage if it becomes available in time; notes that the integration of a higher share of renewables will require significant extensions of transmission and distribution networks and additional dispatchable back-up capacity and/or storage capacity;

12.  Recalls that any additional costs will be passed on, directly or indirectly, to end consumers, and takes the view that mitigating the additional cost of decarbonising the EU energy system is therefore a prerequisite for maintaining EU competitiveness;

13.  Recalls that the Member States remain competent for choosing their own energy mix and should thus decide on the optimal mix for meeting energy policy objectives, in particular that of decarbonisation;

14.  Considers that a strong binding energy efficiency target is of primary importance in order to make the most efficient use of energy within the Union, and that a knock-on effect of such a target will be that less effort will be needed to meet the greenhouse gas emissions and renewable energies targets;

15.  Believes that binding overall targets combining shared national efforts are the most cost-efficient and flexible means of giving the Member States the necessary flexibility and respecting the principle of subsidiarity;

16.  Calls on the European Council, in order to maintain the continuity of the progress made at the EU level and provide long-term certainty, to set ambitious, realistic targets for the 2030 framework for climate and energy policies, taking into account the most cost‑effective path that enables the EU to honour the long-term commitment made by Parliament and the Council to reducing the EU’s greenhouse gas emissions by 80-95 % by 2050, compared with the 1990 level;

17.  Calls on the Commission to simplify its climate and energy policies in order to achieve greater consistency, flexibility and cost-effectiveness of EU policies;

18.  Emphasises that the EU's 2050 decarbonisation goal will only be met if there is a transition away from fossil fuels, and that policies which might lock them in must therefore be avoided; recalls that ambitious long-term energy efficiency and renewable energy policies will help to avoid such a locking-in; stresses, in this connection, the IEA’s recent findings that renewable energy policies are cheaper in the long term than relying solely on carbon pricing, because they incentivise the timely scaling-up of the broad portfolio of renewable technologies needed to decarbonise the power sector completely in the long term;

19.  Is convinced that the best way of securing the EU’s current and future energy needs is a balanced and differentiated energy mix, which reduces dependence on single sources of energy without creating new forms of dependence, bearing in mind that the Commission advises reducing our fossil energy dependence; urges the Member States to take these factors into account;

20.  Calls on the Commission to develop, together with the industry sectors affected and as part of the 2030 framework for climate and energy policies, sector-specific roadmaps allowing industry actors sufficient flexibility;

21.  Considers that, although many energy policy objectives can be attained by raising energy prices, the challenge is to attain these objectives at the same time as increasing economic activity;

22.  Calls for the necessary resources to be made available for research and development in relation to renewable energy sources and energy-saving technologies;

23.  Sees a broad consensus for the establishment of a new binding CO2 reduction target, based on a revised and well-functioning ETS;

24.  Takes the view that both long-term EU policy objectives and specific policy tools for reducing greenhouse gas emissions must consistently be based on 1990 as the reference year;

25.  Takes the view that the EU could increase its ambition for CO2 reduction if other major emitting countries in the developed and developing world commit to contributing their fair share of a global emissions reduction effort;

26.  Points out that the binding 2020 target for renewable energy sources (RES) has made the EU a frontrunner in RES technology innovation; stresses that the continuation of this policy, with binding RES targets, will further strengthen the EU’s position in this field; takes the view that the development of RES contributes to achieving the greenhouse gas emissions reduction target, decreasing the need for fossil fuel imports and increasing the diversification of our energy sources; considers, therefore, that the EU should set a binding RES target in its 2030 framework; believes that a forward-looking energy and climate policy must be implemented which is coherent with the EU's industrial policy agenda for competitiveness;

27.  Considers that, in order to allow maximum utilisation of RES capacity, the 2030 framework and targets should focus on developing and optimising the overall power system;

28.  Takes the view that the EU is well on the way to achieving the 2020 renewables expansion target of 20 %; stresses that expansion at national level, which is somewhat uncoordinated and is proceeding extremely quickly, is having a serious impact on the EU internal energy market (inter alia through loop flows); takes the view that energy supply systems must be more reliant on renewables in future; insists that all relevant aspects of energy supply systems be factored into decisions on further expansion of renewables;

29.  Takes the view that support schemes, if well-designed, flexible and predictable, are an appropriate tool for incentivising the cost-efficient development and deployment of RES and energy efficiency; stresses that any national RES support schemes should gradually move towards a more integrated system of support at EU or sub-EU level, taking into account both technology maturity levels and regional and geographical differences, which could provide a framework closer to the market, investment certainty and a level playing field; sees an important role for the Commission in providing guidance in this regard, including the compliance of support schemes with internal market and state aid rules, bearing in mind the importance of the Horizon 2020 programme for research and innovation;

30.  Considers that the 2030 policy framework should be incorporated into a longer-term vision specifically looking forward to 2050, in line with the various roadmaps adopted by the Commission; believes, in this context, that EU policies for 2030 on greenhouse gas emissions reduction, renewable energy and energy efficiency should be regarded as milestones towards achieving longer-term goals, as part of a comprehensive approach ensuring that they are cost-effective, predictable and sustainable;

31.  Considers that EU regional policy has a key role to play in promoting renewable energy production and energy efficiency on a Europe-wide scale; notes that differing geographical conditions make it impossible to apply a 'one-size-fits-all' energy policy to all regions;

32.  Recognises that subsidies for all energy sources, including fossil fuels and nuclear energy, may have significant repercussions on energy prices; notes that some renewable energy sources, such as onshore wind and solar photovoltaics, are close to being cost-competitive with conventional energy sources, and considers that the associated support schemes should therefore be adapted, and subsidies phased out over time, so that the funding can be reallocated to research and development programmes on energy technologies such as next-generation renewable energy sources and storage technologies; stresses, however, that this should be announced well in advance to avoid any harmful effects on the sector, and that it requires reformed energy market design, streamlined administrative and grid connection procedures and better transparency in energy markets; deplores the retroactive changes made by some Member States to support schemes, which have damaged investor confidence and investment levels in renewable energy sources; asks the Commission to study how energy-only markets can be redesigned in such a way as to guarantee returns on investments in variable renewables, which have the effect of bringing wholesale prices down while also having an impact on investment returns; stresses that a clear RES policy, combined with R&D programmes, is necessary to drive down the costs of all renewable technologies and to enhance innovation and the development and deployment of newer and less mature technologies; asks the Commission to study the overall impact of priority dispatch, including on general energy costs;

33.  Highlights, at the same time, the need for the EU to reduce its dependence on imported fossil fuels; notes that a number of subsidies granted for fossil fuels, nuclear energy and some mature RES technologies are creating structural market distortions in a number of Member States; calls upon the Member States to phase out such subsidies, and in particular environmentally harmful direct and indirect subsidies on fossil fuels, as soon as possible;

34.  Calls on the Commission to prepare, in conjunction with the Member States, roadmaps for each country, with clear commitments to phasing out subsidies;

35.  Asks the Commission to compile an inventory of all national and European subsidies and support schemes for renewable energy sources, and calls on the Member States, in collaboration with the Commission, to introduce coherence and transparency at the EU level;

36.  Acknowledges that investments in renewable energy have become significantly more difficult, notably on account of the retroactive changes adopted by certain Member States; calls for a stable and predictable 2030 framework for legal policies and measures, based on an ambitious binding renewables target, which will make a significant contribution to creating jobs and minimising uncertainty, lower the investment risk and reduce capital costs and thus the level of support needed;

37.  Notes that long-term targets provide political stability and reinforce investor confidence, thereby minimising risk premiums for investors, a critical factor in the development of renewables, which are capital-intensive technologies; notes that the absence of targets would lead to a significant rise in the cost of renewables, whereas investments made possible by a long-term target would drive down technology costs and decrease the need for specific support;

38.  Points out that the Commission's 2050 low-carbon roadmap shows that renewables and improved energy efficiency could result in annual savings of between EUR 175 billion and EUR 320 billion for the Union;

39.  Underlines the substantial job creation potential of renewable energy (3 million jobs by 2020) and energy efficiency (2 million jobs by 2020)(23);

40.  Believes that, in order for RES production to be efficient, improvements in grid flexibility, infrastructure and energy transport capacity are required;

41.  Calls on the Commission, with a view to the rapid integration of renewables, also to make proposals for a core market comprising those Member States favourable to such integration which wish to cooperate rapidly in the common production, distribution and use of electricity;

42.  Believes that the impact of various energy sources on the environment and the climate should be comprehensively monitored;

43.  Points out that the cheapest energy is energy that is never used; stresses, in this connection, that increased energy efficiency should be seen as one of the cornerstones of the EU's climate and energy policy; is convinced that energy efficiency helps to conserve resources, to reduce energy bills, energy dependence on imported fuels, trade deficits and health impacts, and to improve the long-term international competitiveness of the EU economy, as well as facilitating the reduction of the EU's greenhouse gas emissions; points out that research suggests that achieving the EU's cost-effective energy saving potential of 40 % would result in greenhouse gas emissions reductions of at least 50 % by 2030 and increase the share of renewables in the energy mix to 35 %; calls on the Member States to implement the Energy Efficiency Directive and the Energy Performance of Buildings Directive promptly and fully; stresses that the potential of each economic sector and each economic situation need to be taken into account in designing new policies on energy efficiency, and that the move towards improved energy efficiency should focus on the whole of the energy supply and demand chain, including transformation, transmission, distribution and supply, along with industrial, building and household consumption, and transport; recognises the benefits of awareness-raising campaigns on energy efficiency;

44.  Acknowledges that current policies will fail to bring the EU into line with its 2020 energy efficiency target; recalls the Commission's promises to set binding energy efficiency targets for 2020 and agree on additional measures for the Member States if and when the sum of their individual targets did not match the EU’s 20 % objective; recalls that the 2030 objectives must be framed as milestones towards a longer vision for 2050, so as to take account of long investment cycles; asks the European Council to set binding energy efficiency targets for 2020 and 2030 as the cornerstone of a sustainable energy and climate policy;

45.  Emphasises that a single greenhouse gas emissions target delivered mainly through the ETS mechanism will fail to tackle the large energy efficiency potential of non-ETS sectors, while resulting in much of the 2030 decarbonisation effort being made through the ETS sectors at a higher cost than necessary; notes that many of the barriers to the delivery of energy efficiency improvements are non-financial in nature and cannot be tackled by the ETS as part of a single approach to greenhouse gas emissions targets;

46.  Stresses that the reduction of energy use in buildings should be a central element of the EU's long-term energy efficiency policy, given that the renovation of existing buildings has enormous cost-effective energy saving potential; stresses that the current rate and quality of building renovation needs to be scaled up substantially in order to allow the EU to reduce the energy consumption of the existing building stock by 80 %, relative to 2010 levels, by 2050;

47.  Notes that a sectoral energy efficiency target for buildings would drive the necessary transformation of the building stock, ultimately ensuring that the huge energy resource it represents is tapped; acknowledges that most of the barriers in this field are legal, administrative and financial in nature, rather than technological, and that market transformation takes time and will depend to a great extent on long-term goals coupled with intermediate targets for 2020, 2030 and 2040 in order to bring the entire building stock to a level of energy consumption close to zero by 2050;

48.  Asks the Commission to work on developing better methods and tools for calculating and monitoring progress that could help in the design of a more consistent and transparent EU approach to energy efficiency, and to work with the Member States to overcome political obstacles; notes that energy intensity relative to economic output has been improving for decades, mainly for economic reasons; believes that energy efficiency can also be a significant driver for material sciences and that more should be done to help EU industries further improve their energy intensity and their competitiveness (in particular via self-generation of heat and power), which will help to reduce the risk of carbon leakage; asks the Commission to evaluate and assess the progress and evolution of energy efficiency in the EU in comparison with the EU's main global competitors, to improve energy projections in the light of specific non-economic drivers of energy efficiency improvements and the benefits of energy savings, and to elaborate on favourable conditions for energy efficiency investments in the context of the revision of state aid guidelines; asks the Commission to continue to assess, in a timely manner, the progression of energy savings in the EU in relation to the implementation of the Energy Efficiency Directive and the upcoming review thereof;

49.  Notes that the ETS is currently the main instrument for reducing greenhouse gas emissions from industry and the energy sector while at the same time promoting investments in sustainable technologies in a cost-effective and economically efficient way; notes, therefore, that structural improvement of the ETS is necessary in order to increase its ability to respond efficiently and automatically to economic fluctuations, thereby eliminating the need for ad hoc market interventions and restoring investors' certainty through a system that is predictable and reliable in the long term; calls for urgent structural reform of the ETS, to be proposed in 2014, to deal with the current oversupply of allowances and the mechanism's inflexibility; stresses that the reform of the ETS should ensure that it remains fully market-based;

50.  Reminds the Commission that Parliament has already called for legislation to be proposed at the earliest appropriate date with a view to adjusting the 1,74 % annual linear reduction requirement so as to meet the requirements of the 2050 CO2 reduction target;

51.  Takes the view, furthermore, that the Commission should propose mandatory earmarking of auction revenues for innovative, environment-friendly technologies; believes that the provisions regarding sectors and subsectors at risk of carbon leakage should be maintained, and could be reviewed in the light of a binding international agreement on combating climate change, so as to provide the greatest possible certainty for industry;

52.  Notes that the EU needs a comprehensive policy framework for 2030 that encourages investment in, and the long-term decarbonisation of, non-ETS sectors, which are responsible for 60 % of EU greenhouse gas emissions; underlines the significant unused energy efficiency potential in specific sectors such as buildings and transport (with an estimated energy efficiency potential of 61 % and 41 %, respectively); stresses that non-ETS sectors can significantly ease the EU’s carbon reduction effort; calls on the Commission and the Member States, therefore, to continue with an ambitious framework for non-ETS sectors to 2030 while preserving the Member States’ flexibility to define their own ways of meeting their effort-sharing targets; acknowledges that targets for non-ETS sectors should be based on a bottom-up assessment of each sector's potential;

53.  Stress that the ambition of the non-ETS sector targets (effort-sharing) is rather limited compared with the targets for the ETS sectors, and that highly disputed credits, for example for industrial gases, are still allowed in the context of effort-sharing, whereas they are not allowed in the ETS;

54.  Asks the Commission to present, as soon as possible, a proposal whereby those credits that can no longer be used in the ETS would also be excluded from effort-sharing, and asks the Member States to commit themselves immediately to following the same line as that imposed on industry;

55.  Asks the Commission to propose a more ambitious framework for the non-ETS sectors (effort-sharing);

56.  Stresses that insufficient account has been taken of the impact of methane (CH4) on global warming, considering that its global warming potential (GWP) is 80 times higher than that of CO2 over a 15-year period, and 49 times higher over a 40-year period; calls on the Commission to analyse the impact of methane more fully in connection with greenhouse gas emissions reduction policies, to evaluate the possibilities and to propose a CH4 emissions reduction plan adapted to the particular situations of certain sectors and Member States;

57.  Calls on the Commission to come forward with a specific framework for transport, as the transport sector accounts for around a quarter of EU greenhouse gas emissions and energy consumption in the EU, making it the second-biggest greenhouse-gas-emitting sector, after energy production;

58.  Sees an important role for advanced biofuels in reducing greenhouse gas emissions in transport, while increasing energy security and contributing to growth and jobs;

59.  Notes the importance of complete carbon accounting under the Fuel Quality Directive with a view to reducing the lifecycle greenhouse gas emissions from transport fuels; stresses that the Fuel Quality Directive can play an important role in promoting sustainable biofuels in a 2030 framework for climate and energy policies; regrets, therefore, the Commission’s lack of willingness to ensure the continuation of the Fuel Quality Directive after 2020;

60.  Calls on the Commission to define a set of indicators to assess the progress made by specific non-ETS sectors, especially as regards the sustainability performance of buildings;

61.  Sees an important role for cogeneration and efficient district heating and cooling in increasing energy efficiency, optimising the use of renewable energy sources to generate heat or electricity, and improving local air quality both at present and in the future; calls on the EU to consider the full integration of the heating and cooling sector in the pathways towards a sustainable energy system; notes that this sector currently accounts for about 45 % of final energy consumption in the EU; calls on the Commission, therefore, to gather the requisite data on the sources and uses of heating and cooling and the distribution of heat to different groups of final consumers (e.g. residential, industry, tertiary); calls on the Commission and the Member States, furthermore, to support the readily available efficient heating and cooling solutions;

62.  Underlines the significant potential of district heating and cooling in increasing energy efficiency by recycling heat from electricity production in combined heat and power plants, waste incineration plants and industrial energy processes, which would otherwise be wasted; notes, moreover, that this provides an integrated solution in urban areas which will allow the EU to reduce its reliance on energy imports and keep the cost of heating and cooling affordable for citizens;

63.  Calls on the Commission and the Member States to analyse the remaining potential of renewables for heating and cooling and to look into synergies between increased consumption of renewables and the implementation of the Energy Efficiency Directive and the Building Directive;

64.  Notes that the ICT sector, which is a major consumer of electricity, with data centres in the EU accounting for up to 1,5 % of total electricity consumption and consumers being increasingly aware of the carbon footprint of the IT and cloud services they use, has vast potential for energy savings and could become a role model for energy efficiency and RES promotion;

Coherence of policy instruments

65.  Reiterates that the 2030 framework for energy and climate policies has to deliver on its objectives in the most cost-effective manner; believes that this could be achieved by sending clear investment signals and avoiding overcompensation and excessive complexity and regulatory burden for industry; considers that the framework should therefore allow the Member States flexibility and freedom within the limits it establishes and provide stability and clarity for investment decisions; calls on the Member States to comply fully with the EU framework;

66.  Stresses the importance of enhanced coordination in addressing the many challenges in the climate and energy field, creating a transparent EU energy market and establishing exchanges of best practice on energy matters at EU level, so as to make national measures more efficient and consistent; believes that the 2030 framework for climate and energy policies should include provisions requiring the Member States to discuss with neighbouring countries any plans for significant changes in their energy supply;

67.  Recalls that a clear, coherent and consistent policy and regulatory framework, based on a holistic approach, is key in order to bolster the economy, generate growth, secure stable and affordable energy prices and help stimulate the necessary investment in the 'no‑regrets' options (renewables, energy efficiency and smart infrastructure), as specified in the Commission’s Energy Roadmap 2050, in a cost-effective and sustainable way; notes that inconsistency between our 2020 targets has contributed to the current low carbon price;

68.  Stresses that with a view to long-term green investment, it is essential that industry is given regulatory certainty for the medium to long term, and calls for ambitious binding targets for greenhouse gas emissions, renewable energy and energy efficiency;

69.  Stresses that the most coherent approach post-2020 is to set an EU-wide 2030 greenhouse gas emissions target taking into account the emissions reductions resulting from the EU 2030 objectives for energy efficiency and renewable energy; notes that a so-called ‘package approach’ made up of energy efficiency, renewable energy and greenhouse gas emissions targets, defined in line with existing cost-effective energy saving potential, would enable the EU to meet its competitiveness, energy security and decarbonisation goals with a lower CO2 price and a smaller burden on industry than if it only had a greenhouse gas emissions target;

70.  Notes that the Union has proposed an international review process to assess preliminary pledges before the conclusion of the 2015 climate agreement; calls, therefore, for the Council to agree on a review process with a clear timetable so as to ensure that the Union’s greenhouse gas emissions reduction target and other related targets are reviewed and improved where necessary;

71.  Emphasises the need for a comprehensive analysis of tools and targets, and of their coherence, so as to ensure the proper functioning of the internal market; stresses that the greenhouse gas emissions target must be ambitious enough to provide additional incentives beyond those achieved through the energy efficiency and renewable energy targets, and be in line with the reduction levels considered scientifically necessary to avoid dangerous climate change;

72.  Asks the Commission to examine the interactions between climate and energy objectives in order to achieve the most efficient policies at EU level, so as to avoid the problems encountered when targets and measures have not been set coherently, taking into consideration not only national GDP but also the capacity and potential of each Member State to achieve cost-efficient emissions reductions; recalls that energy efficiency improvements in non-ETS sectors, such as buildings and transport, will result in significant greenhouse gas emissions reductions, making it possible to decrease the decarbonisation efforts undertaken in other sectors;

73.  Asks the Commission to enhance the efficiency and cost-effectiveness of the three-target approach by means of coordinated and coherent policies that would truly benefit from the interactions existing between these targets;

74.  Notes that discussion of the 2030 objectives should be based on firm economic analysis of their potential impact, broken down by country and by sector; asks the Commission to publish all available data and analysis on the subject in order to ascertain whether the burden placed on the Member States would be unequal;

75.  Believes that the Member States and regions should be encouraged to improve cooperation in order to optimise research, development, innovation efforts and the efficiency of renewables expansion, including with regard to offshore wind energy; regrets the fact that, to date, the cooperation mechanisms introduced under the Renewable Energy Sources Directive 2009 have hardly been utilised, and calls for increased use of these mechanisms; takes note of the Commission's findings that better use of the existing scope for cooperation could bring considerable benefits, such as boosting trade; emphasises that regional integration has a huge role to play in deploying renewable energy sources cost-effectively; considers, in this connection, that the Commission has an important role to play in coordinating, financially supporting and preparing appropriate analyses of renewable energy resources and of the potential of each Member State, and as a driver for the gradual convergence of national RES policies;

76.  Notes that the EU needs to fulfil its commitment to reducing greenhouse gas emissions through policies that prevent the development of highly greenhouse-gas-intensive unconventional fossil fuels such as tar sands;

77.  Calls on the Commission to submit an analysis of how different energy sources, including renewable ones, can be developed more sustainably and cost-effectively, taking into account environmental impact, total system costs, aspects relating to dependence on raw materials (particularly rare earths, which are scarce in Europe), resource efficiency and lifecycle;

78.  Calls on the Commission to submit an analysis of how stable sources of renewable energy such as hydropower (in particular pump storage facilities), sustainable biomass and geothermal power can, together with fossil fuel sources, complement variable renewable sources; asks the Commission to propose sustainability criteria for solid and gaseous biomass, taking into account lifecycle greenhouse gas emissions in order to limit the inefficient use of biomass resources;

79.  Highlights the important role of resource efficiency in achieving the EU's climate and energy objectives; urges the Commission and the Member States to integrate resource efficiency objectives effectively in other key policy areas, to exchange best practice and to phase out subsidies that lead to inefficient use of resources;

80.  Calls on the Commission to set up an easily accessible, online best practice database for resource efficiency;

81.  Recalls that the timely transposition and implementation of EU legislative acts, especially in the environment and energy sectors, is both an obligation and a necessity in order to avoid market fragmentation;

82.  Asks the Commission to assess the evolution of energy savings in the EU;

83.  Notes that the indicative national efficiency targets published in 2013 under the 2012 Energy Efficiency Directive clearly do not add up to the EU's agreed level of ambition of 20 %; insists that the Commission should not wait any longer to propose new policies and measures, including a binding energy efficiency target for 2020, and should include a binding energy efficiency target in its upcoming communication on the 2030 framework, in order to ensure coherence between targets;

84.  Underlines the importance of local and regional climate and energy initiatives, as they can contribute significantly to national mitigation efforts and the further development of decentralised energy generation; recommends that the Commission support such initiatives, especially via the targeted development of existing financing programmes in the climate and energy field; encourages the Commission and the Member States to remove any obstacles that hamper local and regional authorities in delivering on the EU’s climate and energy objectives;

85.  Notes that the current EU energy and climate framework fails to reflect the differences in energy usage between cities and off-grid rural areas; notes that certain energy challenges are more acute in rural areas (poor energy efficiency, energy affordability, the high carbon footprint of solid and liquid heating fuels);

86.  Calls on the Commission to draw up a rural energy strategy as part of the 2030 framework for climate and energy policies, in order to analyse some of the particular challenges confronted by off-grid energy consumers and make a series of policy recommendations to the Member States;

87.  Believes that the 2030 framework for climate and energy policies should incorporate instruments available within EU regional policy in order to achieve the 2030 targets, and that this should include better use of the European Structural and Investment Funds for the development of decentralised renewable energy projects, clean fuel projects in urban and rural areas and energy efficiency projects;

Energy security

88.  Emphasises that security of energy supply is crucial for EU citizens and businesses; underlines the importance of the 2030 framework for climate and energy policies addressing the need for increased energy security, environmental sustainability, economic and industrial competitiveness in the EU, affordable energy prices for all Europeans, increased resilience to global energy shocks, and job creation, along with social aspects, through measures such as the diversification of energy supply routes, suppliers and sources;

89.  Stresses the need to ensure the energy security and eventual self-sufficiency of the EU, to be achieved primarily by promoting energy efficiency and savings and renewable energy, which will, together with other alternative sources of energy, reduce import dependence; notes the emerging interest in the exploration of oil and gas fields in the Mediterranean Sea and the Black Sea; believes that, in the context of the EU policy on oil and gas drilling at sea, emphasis should be put on preventing potential hazards and delineating exclusive economic zones for the Member States concerned and relevant third countries in accordance with the UN Convention on the Law of the Sea, to which all the Member States, and the EU itself, are signatories;

90.  Stresses that in order to achieve security of supply the Member States can choose their national energy mix and take advantage of their own energy resources, provided that they meet the Union’s long-term energy and climate objectives and ensure safe, environmentally sustainable and socially acceptable practices, including in the context of exploration and extraction activities, while also taking into account possible harmful cross-border effects;

91.  Stresses that, as the EU pursues its goal of energy security, one of the priorities is to develop a model of cooperation between the Member States by ensuring the swift completion of the EU internal energy market, including, in particular, the construction of interconnectors and the elimination of cross-border barriers; believes, furthermore, that completing and modernising the EU infrastructure linking the north, south, east and west will enable the EU to make the best use of the comparative advantages of each Member State, and calls for further efficient and sustainable support for decentralised, micro-scale and community-owned energy production and smart energy infrastructure at the distribution level, along with storage and demand response programmes to allow local balancing of supply and demand in all the Member States; stresses the need for further development of macro-regional power markets in the EU, such as the Nord Pool and Central West markets; stresses, therefore, the need for strong coordination between the Member States' policies and for joint action, solidarity and transparency, as national energy policy decisions can affect other Member States; suggests that it would be desirable to determine whether and how the expertise and facilities of the Agency for the Cooperation of Energy Regulators could be put to use in carrying out the above tasks, and how better cooperation between transmission system operators could be ensured;

92.  Calls for the Commission, when coming forward with legislation on hydraulic fracturing, to include a mandatory environmental impact assessment for both the exploration and extraction of shale gas; stresses, moreover, that there is insufficient data on the chemicals used in the hydraulic fracturing process; calls on the Commission, therefore, when coming forward with such legislation, to ensure transparency as regards all data on these chemicals in order to secure the highest possible level of public health and environmental protection;

93.  Takes the view that carbon capture and storage (CCS) could play an important role in reducing greenhouse gas emissions (as acknowledged in the Commission's 2050 low‑carbon roadmap and its Energy Roadmap 2050), at least for a transitional period, especially for energy-intensive industries; notes, however, the lack of public and private investment in this area; calls on the Commission to analyse the best way forward as regards the development of CCS technologies in the EU, and to propose appropriate measures within the 2030 framework in order to mobilise stakeholders and the necessary funding; stresses that both renewables and CCS have a role to play in the future EU energy mix and should not be regarded as being in competition with one another; asks the Commission, furthermore, to intensify exchanges of best practice and information with the US and Canada on CCS technology;

94.  Points out that gas will play an important role in the transformation of the EU energy system and recognises the potential of natural gas to provide flexibility in the energy supply system in the short to medium term; believes that a coherent policy and regulatory framework should not disincentivise switching from high-carbon power generation to natural gas; calls on the Commission and the Member States, with regard to the internal gas market, to review all gas contracts based on obsolete pricing mechanisms, including the crude oil index, and urges the Commission to assist in exploring the possibility of renegotiating these contracts and of strengthening short‑term gas trading capacity; underlines recent developments in the global energy market and recalls the important contribution that LNG can make to the EU's energy supply thanks to its impact on the EU internal energy market, the geopolitics of energy in the EU’s neighbourhood and relations with traditional supplier countries;

95.  Highlights the great offshore wind potential of the North Sea; emphasises the importance of the North Sea offshore grid in enabling cost-effective deployment of renewables in the North Sea; acknowledges, in this connection, the importance of the North Sea Countries' Offshore Grid initiative and calls on the Member States concerned and the Commission to give it more prominence and support;

96.  Stresses that active forestry, which increases growth and hence the absorption of carbon dioxide, is an important and cost-effective way of helping to attain the climate targets; notes that each extra cubic metre of forest produced by means of active cultivation absorbs approximately 1,3 tonnes of carbon dioxide; calls on the Commission and the Member States to devise incentives for owners of woods to contribute actively to increased climate benefits, for example by focusing on regional measures which increase lasting forest production and absorption of carbon dioxide;

97.  Agrees with the Commission that the European level can help reduce state intervention at all levels, thereby reducing the risk of market fragmentation; calls on the Commission, therefore, to continue with the unbundling process and the creation of an optimal power system; calls on the Member States to implement fully and in a timely manner the third legislative package on the internal energy market in order to remove all remaining obstacles to completion of the single market; highlights the importance of eliminating remaining infrastructure bottlenecks, instances of market failure, and distortion or abuse of dominant position, tackling lack of transparency and ensuring that no new barriers to electricity and gas market integration, such as badly designed capacity markets that discriminate against certain types of balancing of resources, are created; calls on the Commission to take market design into account in its 2030 proposals in order to improve electricity trading and develop transparent balancing and grid support services markets; stresses that the gradual phasing-out throughout the EU of regulated prices for the final consumer, which are below the costs incurred, should take into account the legitimate interests of vulnerable consumers, who are not always able to benefit from real competition in energy markets;

98.  Stresses that energy end consumers – individuals, SMEs and industry alike – are at the very core of the internal energy market and should benefit from the lowest possible energy costs and prices, which should be transparent, that they should be accurately informed and advised by means of easy access to information, so as to promote responsible energy consumption, and that their exposure to rising and increasingly volatile energy prices should be addressed; notes the importance of facilitating the creation and management of citizens’ initiatives, including through cooperatives;

99.  Stresses the need for the new framework to address the consequences of increasing energy prices and the economic crisis as regards the affordability of energy and the fair sharing of financial burdens by final consumers (households and businesses); calls, in particular, for measures to prevent job losses in adversely affected EU industries with a high level of energy consumption, which are among the cleanest in the world in their sectors; recognises that cost-efficient energy savings can lower energy bills for both households and businesses; stresses that the implementation of the Energy Performance of Buildings Directive could generate new employment in retrofitting existing buildings to ensure ongoing benefits; urges the Member States to use the EU funding available for such purposes;

100.  Calls on the Commission and the Member States to pay particular attention to energy affordability and fuel/energy poverty; believes that a coherent policy framework, including adequate social policy measures, is needed to tackle these issues, and invites the Commission to promote the exchange of best practice in this area and work with the Member States to develop indicators and benchmarks for identifying and comparing current and potential energy poverty; recognises that energy poverty is structurally tackled by energy efficiency measures; notes that energy is an essential service covered by Protocol No 26 on Services of General Interest, appended to the Treaty of Lisbon; stresses that the costs of energy policy should be recovered in the fairest manner possible, with a special emphasis on low-income, vulnerable households, which are most affected by high energy prices; considers that consumer engagement should be promoted; stresses that the upgrading of markets and infrastructure should meet citizens’ needs, and that there should be transparency and accountability for the investments made;

101.  Notes that in order to ensure security of energy supply there must be sufficient flexible and reliable resources to provide the capacity needed in periods of peak demand as well as in periods marked by political, economic or technological difficulties, and that such capacity can be provided by means of flexible backup, demand-side management, cross-border trading and interconnection, and more efficient use of existing excess capacity; points out the need for energy storage and more flexible and dynamic grids, on account of the rising supply of variable sources of renewable energy; calls on the Commission to prepare guidance on the use and deployment of all flexible resources;

102.  Notes that some Member States (along with certain island and outermost regions), being energy islands or relatively weakly integrated into the European internal energy market, are still largely isolated from the European gas and electricity networks, often remain dependent on a single non-EU supplier (which is particularly precarious in the case of politically unstable or undemocratic regimes) and pay higher prices for energy, which adversely affects their competitiveness and economic and social development and makes them vulnerable to political and economic pressure from outside; points out that without substantial infrastructure investment, the European Council’s commitment that no Member State would remain isolated from the EU networks by 2015 can hardly be fulfilled for those Member States; favours, in this connection, the swift implementation of the list of projects of common interest released in October 2013;

103.  Notes that the physical integration of energy infrastructure between the Member States is a precondition for the proper functioning of energy markets and the sharing of electricity across borders; recalls, in this connection, the conclusions of the 2002 Barcelona European Council, which set a non-binding electricity interconnection target of 10 % of national installed production capacity, to be achieved by 2005; stresses that the majority of Member States have not achieved this goal; calls on the Commission, therefore, to establish binding targets for minimum cross-border transmission capacity and to propose a possible new model and new commitments for the physical integration of electricity infrastructure between the Member States, along with a clear timeframe for deployment; believes that this would facilitate cross-border trade;

104.  Recognises that the extension of the internal energy market rules to south-east and eastern Europe is indispensable for the EU’s energy security and therefore asks the Member States and the Commission to maintain their political and financial support for the Energy Community;

105.  Asks the Commission to investigate the potential of, and the various possible technologies for, energy storage in the EU, especially with regard to heat and electricity, with a view to supporting a more integrated approach to energy supply and demand; notes that R&D&I in the area of storage technologies and applications such as electric vehicles can play an important role in storing excess renewable electricity and balancing energy grids; asks the Commission, therefore, to make full use of existing funding possibilities for such research;

106.  Notes the importance of aligning the pace of investment in energy infrastructure with that of investment in energy sources; stresses that modernising the existing energy infrastructure and building new, intelligent and flexible infrastructure at all grid levels for the generation, transmission (especially via cross-border gas and electricity interconnectors), distribution and storage of energy, for both heat and electricity, is essential for a stable, well-integrated and well-connected energy market with diversified sources of supply, in which any negative effects, such as unplanned power flows, are avoided; emphasises that large-scale investments should be made in parallel with investments in regional or even local networks; stresses that infrastructure investments aimed at achieving such objectives should be granted EU support at each stage of their implementation in line with new guidelines for trans-European energy infrastructure, and should be supported by the Connecting Europe Facility, which is aimed at accelerating investment in the field of trans-European networks of trans-European importance and leveraging funding from both the public and private sectors; highlights the need to support coherent, efficient and better-coordinated permit granting regimes for infrastructure investment across the EU; notes that, in connection with the use of smart technologies, data protection issues must also be taken into account;

107.  Stresses that stimulating microgeneration will be a vital element in raising the share of renewable energy sources; stresses the role of community-owned initiatives, including cooperatives, at each stage in the energy chain: production, consumption and retailing; notes, in this connection, that a decentralised renewable energy supply can help mitigate problems faced by electricity networks and reduce the need to build new transmission lines, and hence the associated costs, as decentralised technologies are much closer to the end consumers; notes, therefore, the increasing need for investment in the distribution level;

Fostering the competitiveness of the EU economy

108.  Believes that a completed, open and transparent internal market, in which all EU and third-country companies comply with the acquis communautaire, particularly in the fields of energy and the environment, can ensure a level playing field for EU energy suppliers vis-à-vis third-country energy producers and strengthen their negotiating position; underlines the need for a better-coordinated external energy policy;

109.  Notes that market-based price formation in the energy sector, including the internalisation of external costs, but without any link to price formation on third markets, is the best way to secure competitive prices;

110.  Emphasises the need for dialogue with non-EU countries on the implementation of the principles laid down by the EU for environmental protection, the use of green technologies and the maintenance of a satisfactory conservation status;

111.  Believes that a clear 2030 framework setting binding targets for renewable energy and energy efficiency will spur investment in innovative technologies, incentivise R&D and drive private investment, which, coupled with public support, will provide a much‑needed economic stimulus to boost the wider economy, leading to increased competitiveness, growth and high-quality jobs that cannot be relocated outside the Union; considers that such increased investment will result in lower production costs for European industry through increased energy and resource efficiency, and reduce vulnerability to world energy price fluctuations, thus in turn creating a more stable investment environment; calls on the Commission, within the European Semester framework, better to underline the potential for employment in sustainable energy sectors in each Member State and in the Union as a whole;

112.  Stresses that setting binding targets for greenhouse gas emissions, renewables and energy efficiency will stimulate early investment in sustainable technologies, thereby creating jobs and growth while giving European industry an international competitive advantage;

113.  Asks the Commission to implement its set of key employment actions for a low‑carbon economy, to promote greater use of the EU financial instruments available to the Member States, the regional and local levels and the private sector for smart investments in sustainable technologies, for instance by engaging with the European Investment Bank (EIB)with a view to further boosting its lending capacity in the area of resource efficiency and renewable energy;

114.  Stresses that in the next decade there will be significant investment needs in the power sector on account of the expected replacement of existing power plants and grid modernisation; insists that energy savings and efficiency measures will play a key role in bringing down costs and securing the lowest possible electricity prices for consumers; points out that the building sector accounts for 40 % of the EU’s gross energy consumption and that, according to the IEA, 80 % of the energy efficiency potential in the building sector, and more than 50 % in the industrial sector, remains unexploited; sees significant potential in this area for reducing energy bills;

115.  Urges the Commission, especially DG Competition, in its revision of the guidelines on state aid for environmental protection, to introduce favourable conditions for investment in energy efficiency, including in the industrial sector;

116.  Calls on the Commission to launch a study analysing new, cost-efficient energy market designs with a view to ensuring the lowest possible energy prices for industry and consumers and the best return on investment, integrating more variable renewable energy sources and preventing carbon leakage; asks the Commission, therefore, to come forward as soon as possible with an additional assessment and recommendations for further action to better coordinate climate, environment and industrial policies and prevent the risk of carbon leakage, notably in energy-intensive sectors, as a result of the relocation of production facilities and investment outside the EU, while taking into account the international context;

117.  Stresses that energy prices for consumers and industry are a very important element of household budgets and production costs, respectively; takes the view that the EU’s climate goals should boost its competitiveness and the security of its energy supply; demands, therefore, that any new policy instrument relating to these climate objectives undergo a mandatory, thorough impact assessment of its effect on the competitiveness of the EU and of the Member States; urges the Commission and the Member States to integrate the EU’s industrial competitiveness as fully as possible into all other policy areas, and supports the Commission's proposal to raise industry's share of the EU’s GDP to 20 %;

118.  Recognises that the European renewable energy sector is important for economic growth and the maintenance of high-quality and high-tech jobs, and that it also supports sectors such as metals, electric and electronic equipment, IT, construction, transport and financial services; calls on the Commission to develop an industrial policy strategy for renewable energy technologies, covering the whole process from research and development up to the financing stage;

119.  Underlines the risk of investment in sustainable technology fleeing Europe owing to, among other things, uncertainty concerning EU ambitions for further decarbonisation; recalls that recent evidence shows that while the EU remains a marginal leader in the global clean-tech race, the US and China are rapidly closing the gap; notes, in this context, that the EU's current share of the global sustainable tech patents filed has fallen to a third, from almost half in 1999; calls on the Commission and the Member States, therefore, to step up their support for sustainable technologies and services; takes the view that revenue from sales of ETS certificates should be ring‑fenced in future to permit investments in innovation in the field of sustainable technologies;

120.  Notes that the EU's main competitors on the global market place great emphasis on technological developments, innovation and improvements to industrial processes; notes also that some of their economies are growing at a faster pace than that of the EU; concludes that the EU must give priority to R&D (including the development of scientific and technological partnerships with its international partners), innovation (especially the creation of European added value in the development and domestic production of sustainable technologies) and improving the productivity of industrial processes;

121.  Points out that free allocation does not address the economic rationale for pricing carbon into products; notes that a recent study conducted for the Commission found no evidence of any carbon leakage in the past two ETS trading periods; emphasises that, in order to mitigate the potential future risk of carbon leakage, part of the ETS auction revenues should be earmarked for capital-intensive investments in breakthrough technologies in energy-intensive sectors or for encouraging other means of job creation e.g. reducing taxes on labour;

122.  Calls for measures to be taken to anticipate, meet and match the skills set needed for newly created jobs, to make adjustments to education and training systems and to meet new challenges in existing jobs whose profiles are moving towards those of greener jobs; stresses that active labour market policies have to be targeted and designed to meet worker and labour demand, in order to avoid the lack of a qualified labour force in emerging sustainable technologies and to provide young people, women and disadvantaged groups with access to sustainable quality jobs in the green economy;

123.  Urges the Member States and the international community to promote science, technology, engineering and mathematics (STEM) education for the energy sector and to maintain educational institutions capable of producing a skilled labour force and the next generation of scientists and innovators, who will help in achieving the goal of an energy-self-reliant and sustainable Europe; recalls, in this connection, the important role of Horizon 2020 and of the European Institute of Innovation and Technology in bridging the gap between research, education and applied innovation in the energy sector;

124.  Draws attention to the key role played by SMEs as generators of economic growth in the EU, and calls on the Commission and the Member States to create a favourable environment for, and actively encourage, investment by SMEs in energy-saving technologies;

125.  Encourages the Commission to support the development of advanced biofuels for the transport sector that improve the quality of fuels, thereby increasing the overall competitiveness of the EU economy without any need for additional investment in new infrastructure;

126.  Invites the Commission to elaborate on a way of measuring the competitiveness of the EU and its main competitors, which could, for example, be based on fiscal policies, R&D, technology exports, the number of researchers and highly skilled workers, innovation, industrial energy prices, environmental and energy policies, wage and productivity levels, infrastructure, unnecessary regulatory burdens and other relevant factors; stresses the need to factor the external costs of climate change into this new methodology, including possible rises in expenditure on insuring against risks arising from climate change;

127.  Strongly emphasises that any future EU policy must address the comparative strengths and weaknesses of its economy, particularly with regard to any free trade agreement the EU signs up to, while also taking into account the measures taken to reduce greenhouse gas emissions and the economic benefits of doing so;

128.  Points out that energy prices vary between regions according to geological, political and fiscal differences, and that the best way to ensure low energy prices is to take full advantage of the EU's domestic sustainable energy resources; asks the Commission to develop a comprehensive analysis of the overall system costs and effects of different energy sources and their impact on generation adequacy in the long run;

129.  Notes that the EU is a resource-constrained continent, importing approximately 60 % of its gas consumption, over 80 % of its oil consumption and almost 50 % of the coal used for energy production; insists, in this context, on a 2030 framework with a strong focus on sustainable and renewable energy resources within the EU;

130.  Stresses that social dialogue and the participation of workers are fundamental values and tools which underpin and reconcile the promotion of social cohesion, quality employment and job creation, on the one hand, and increased innovation and competitiveness in European economies, on the other;

131.  Calls for measures to prevent job losses in the most affected high-carbon sectors, such as electricity production, transport, construction and energy-intensive industries, which are in general the greenest and most energy-efficient in the world; calls for the facilitation of the transfer of workers from affected high-carbon sectors to other sectors in the event of job losses in those sectors;

132.  Underlines the need for income support measures, accompanied by other measures such as training, in order to improve and maintain employability, keep workers in the labour market and prevent skills erosion in times of crisis and restructuring;

Acknowledging the differing capacity of the Member States

133.  Welcomes the Commission's remarks that the EU climate and energy targets can have a differing impact on each Member State and its citizens, which therefore makes it fair to continue to work on an equitable effort-sharing basis, taking into account each country's individual circumstances (such as its GDP), with particular attention to those facing severe financial difficulties, its achievements in reducing emissions since 1990, its emissions per capita, its economic potential and potential for emissions reduction, its renewable energy sources, its access to technologies and its energy-saving capacity;

134.  Points out that adopting a decarbonisation strategy that does not take into account the situation of some Member States may lead to a massive increase in energy poverty in those countries;

135.  Stresses that under Article 194 TFEU the EU is responsible for completing the internal energy market and for promoting renewable energy sources and energy efficiency, while the Member States take decisions regarding their energy mix and should be able to use and develop different approaches based on technologies and energy sources that are environmentally sound, socially and economically acceptable and, in accordance with the Union's climate and energy policy goals, aimed at preserving and improving the environment; believes that any future framework should respect the independence of the Member States;

136.  Recognises that renewable energy technologies include a large number of different technical options, which can be used across the electricity, heating and cooling, and transport sectors; stresses that an overall binding renewable target for 2030 leaves the Member States a wide and flexible choice in deciding where and when to invest in terms of energy sectors and the technologies contributing to each of these sectors;

137.  Reminds the Commission that Parliament has called for legislation to require every Member State to produce a 2050 low-carbon strategy; believes that while such nationally determined roadmaps should not be legally binding, they are essential in order to provide investors and officials with clarity regarding the long-term policy direction and the measures that will be necessary if the goals are to be achieved; expects the Commission to propose how the burden will be shared among the Member States and to set a date for the submission of such roadmaps for review; calls on the Commission, in the event that any of the roadmaps that are deemed unrealistic and the Member State in question is unwilling to provide appropriate clarification, to propose such additional measures as may be necessary to ensure that the Union's CO2 reduction objectives are credible;

138.  Points out that the main focus of planned action should be on implementing scenarios that take account of existing potential in the Member States, prospects for the development of cost‑effective and sustainable new technologies, and the global impact of implementing the proposed policy, so as to be able to propose reduction objectives for the following years;

139.  Asks the Commission to improve the promotion and efficiency of the existing financial tools for investments in sustainable technologies (e.g. NER300) by compiling all the necessary information on financial possibilities for the national, regional and local levels in a single, clear and easily available database;

140.  Notes that access to capital and the cost of capital, especially for SMEs and even heavy industry sectors, are often a barrier to investment in capital-intensive cleaner technologies and energy efficiency; asks the Commission, therefore, to study the possibility of creating a fund to promote the development of innovative sustainable technologies and support initiatives to improve the efficiency of energy-intensive industries, which could bring together existing and new funding streams and help in leveraging investment, and be financed, inter alia ,by a share of the ETS revenues or by the Structural Funds or the Cohesion Fund; invites the Commission to develop innovative financing instruments, to give an increased role to the EIB and national public financing institutions and to attract financing from pension funds and insurance companies;

141.  Given that some industry sectors need breakthrough technologies in order to reduce their emissions further and improve their energy efficiency beyond the current state of the art, asks the Council to embed in policy measures clear funding commitments for research, development, pilot plants and the deployment of new technologies, consistent with the level of effort required by the 2030 objectives;

142.  Calls for the EU to take a pragmatic approach to new market models, regulation and financing models for sustainable energy solutions;

The EU at the international level

143.  Notes that several emerging and developed countries are developing various climate policies and investments, including the implementation of their own emissions trading schemes which follow the example of the EU ETS; welcomes the future prospect of linking the EU ETS with other carbon trading mechanisms worldwide, with the aim of creating a global carbon market; stresses that such a global approach could result in a level playing field for European industry by providing a comprehensive, cost-effective approach to tackling global industrial greenhouse gas emissions; considers, in this connection, that an international cap and trade system could be of significant help in implementing a new, legally binding global climate change agreement;

144.  Emphasises that the pursuit of closer energy policy cooperation must also be reflected in external energy policy and calls, therefore, for energy agreements with third countries to be concluded at the EU level and for EU energy policy objectives to be firmly established;

145.  Notes that the EU’s leadership in renewables technology comes from innovation in manufacturing as well as fields such as system integration; recognises that, as a result of the adoption of binding targets for 2030, the EU will play its role as a competence cluster allowing the development of high-quality, cost-competitive products; believes that this will benefit the internal market, but also allow European companies to tap into growing third-country markets thanks to the EU's competitive edge; notes that in the absence of an ambitious 2030 package, the EU risks losing its market and technology leadership;

146.  Acknowledges the importance of the 2020 binding targets and policies for renewable energy in helping the EU establish technological leadership in global markets and making it a frontrunner in renewable technology innovation; stresses that the continuation of this policy through the adoption of binding renewable energy targets for 2030 would enable the EU to compete with China, the US, South Korea, Japan and India for technology leadership in tomorrow's markets, even in times of economic constraints;

147.  Points out that 138 countries worldwide have tailored RES targets and policies; recognises that investment in green technologies in India, China and the US is growing at a much faster pace than in the EU; stresses, in this connection, that the EU is far from 'doing it alone', but on the contrary risks missing the economic opportunities offered by the energy transition currently under way;

148.  Stresses the need to ensure, as a priority, that developed countries cut their own emissions first and fast, and provide the necessary financial flows to developing countries for adaptation and mitigation; warns, however, against using offsetting mechanisms such as the Clean Development Mechanism (CDM) instead, considering that such mechanisms have not proven to be effective tools for reducing greenhouse gas emissions, and that they delay essential structural change in developed-country economies;

149.  Stresses the need to reconcile development and climate change goals; emphasises that climate change threatens the ability of entire regions to feed themselves, thereby demonstrating the links with the aim of global poverty eradication underlying both the Millennium Development Goals and the Sustainable Development Goals process launched by the Rio+20 conference; calls for those two processes to be integrated into a single, overarching post-2015 framework;

150.  Notes that it is important for the EU to maintain its leading and pioneering role and for the Member States to speak with one voice to defend a strong and common position during the climate negotiations in order to secure a new binding global climate agreement in Paris in 2015; stresses that the EU must set an example and adopt an ambitious binding policy framework in time for the leaders' summit called by Ban Ki‑moon, as this will have a positive influence on the negotiations; asks the Commission to study the possibility of using a share of the carbon allowance auctions to fulfil the EU's international climate finance commitments to developing countries, according to their adaptation and mitigation needs;

151.  Emphasises the critical role of finance in enabling developing countries to take ambitious climate action; insists, therefore, on the need to build a coherent financial architecture for climate change; calls for greater efforts by the Member States to help fulfil the commitment made by developed countries to provide at least USD 100 billion per year in climate financing, additional to the commitment to allocate 0,7 % of GNI as Official Development Assistance by 2020;

152.  Welcomes Ban Ki-moon's Sustainable Energy 4 All initiative, which promotes energy efficiency and renewable energy as the most relevant mitigation solutions; asks the EU to support this programme;

153.  Calls on the Member States and the other parties in the upcoming international negotiations, in anticipation of a potential binding agreement, to address the issue of carbon leakage at the global level;

154.  Calls, therefore, for better coordination between the Council, the Commission and the European External Action Service so that the EU can speak with one voice in international organisations and play a more active role, and have greater influence, in promoting sustainable policies;

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

(1) OJ C 188 E, 28.6.2012, p. 42.
(2) OJ L 315, 14.11.2012, p. 1.
(3) OJ L 140, 5.6.2009, p. 16.
(4) OJ L 295, 12.11.2010, p. 1.
(5) OJ L 115, 25.4.2013, p. 39.
(6) OJ L 1, 4.1.2003, p. 65.
(7) OJ C 168 E, 14.6.2013, p. 72.
(8) OJ C 251 E, 31.8.2013, p. 75.
(9) OJ C 264 E, 13.9.2013, p. 59.
(10) Texts adopted, P7_TA(2013)0088.
(11) OJ C 169 E, 15.6.2012, p. 66.
(12) Texts adopted, P7_TA(2012)0443.
(13) Texts adopted, P7_TA(2012)0444.
(14) Texts adopted, P7_TA(2012)0452.
(15) Texts adopted, P7_TA(2013)0374.
(16) Texts adopted, P7_TA(2013)0201.
(17) Texts adopted, P7_TA(2013)0344.
(18) Texts adopted, P7_TA(2013)0443.
(19) OJ C 81 E, 15.3.2011, p. 107.
(20) http://ec.europa.eu/enterprise/sectors/metals-minerals/files/steel-cum-cost-imp_en.pdf
(21) OJ C 332 E, 15.11.2013, p. 28.
(22) Texts adopted, P7_TA(2013)0300.
(23) Commission staff working document of 18 April 2012 entitled ‘Exploiting the employment potential of green growth’ (SWD(2012)0092).

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