Index 
Texts adopted
Tuesday, 25 February 2014 - Strasbourg
Request for the waiver of the parliamentary immunity of Tadeusz Cymański
 Member States experiencing or threatened with serious difficulties with respect to their financial stability ***I
 Adapting legal acts providing for the use of the regulatory procedure with scrutiny (Articles 290 and 291 TFEU) ***I
 Adapting legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny (Article 290 TFEU)***I
 Adapting legal acts providing for the use of the regulatory procedure with scrutiny (Article 290 TFEU) ***I
 Appointment of a member of the Court of Auditors - Oskar HERICS (AT)
 Amendment of Rule 136 of the Rules of Procedure on the attendance of Members at sittings
 2020 target to reduce CO2 emissions from new passenger cars ***I
 Community trade mark ***I
 Laws of the Member States relating to trade marks ***I
 Freezing and confiscation of proceeds of crime ***I
 European Union Agency for Law Enforcement Cooperation and Training (Europol) ***I
 Conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing ***I
 European Voluntary Humanitarian Aid Corps ***I
 Fund for European aid to the most deprived ***I
 Biocidal products ***I
 Combating violence against women
 Delegation of legislative powers and the Commission's exercise of implementing powers
 European Semester for economic policy coordination: annual growth survey 2014
 European Semester for economic policy coordination: employment and social aspects
 Single market governance
 Plant breeding

Request for the waiver of the parliamentary immunity of Tadeusz Cymański
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European Parliament decision of 25 February 2014 on the request for waiver of the immunity of Tadeusz Cymański (2013/2278(IMM))
P7_TA(2014)0110A7-0099/2014

The European Parliament,

–  having regard to the request for waiver of the immunity of Tadeusz Cymański, put forward by the Public Prosecutor of the Republic of Poland on 23 October 2013, and announced in plenary on 18 November 2013,

–  having heard Tadeusz Cymański in accordance with Rule 7(5) of its Rules of Procedure,

–  having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

–  having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010 and 6 September 2011(1),

–  having regard to Article 105 of the Constitution of the Republic of Poland,

–  having regard to Rules 5(2), 6(1) and 7 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0099/2014),

A.  whereas the Public Prosecutor of the Republic of Poland has requested the waiver of the parliamentary immunity of Tadeusz Cymański in connection with a request for authorisation to bring criminal proceedings against a Member of the European Parliament made by the General Inspectorate of Road Traffic with regard to the offence set out in Article 96(3) of the Polish Code of Minor Offences;

B.  whereas, according to Article 8 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament shall not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties;

C.  whereas, according to Article 9 of the Protocol on the Privileges and Immunities of the European Union, Members of the European Parliament shall enjoy, in the territory of their own State, the immunities accorded to members of their Parliaments;

D.  whereas, under Article 105 of the Constitution of the Republic of Poland, ‘a Deputy shall not be held accountable for his activity performed within the scope of a Deputy’s mandate during the term thereof nor after its completion. Regarding such activities, a Deputy can only be held accountable before the Sejm and, in a case where he has infringed the rights of third parties, he may only be proceeded against before a court with the consent of the Sejm’;

E.  whereas whether immunity is or is not to be waived in a given case is for Parliament alone to decide; whereas Parliament may reasonably take account of the Member’s position in reaching its decision on whether or not to waive his/her immunity(2);

F.  whereas the alleged offence does not have a direct or obvious connection with Tadeusz Cymański’s performance of his duties as a Member of the European Parliament, nor does it constitute an opinion expressed or a vote cast in the performance of his duties as a Member of the European Parliament for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

G.  whereas the criminal proceedings to be brought against Tadeusz Cymański are, therefore, not connected in any way with his position as a Member of the European Parliament;

H.  whereas in this case Parliament has found no evidence of fumus persecutionis, that is to say, a sufficiently serious and precise suspicion that the case has been brought with the intention of causing political damage to the Member concerned;

I.  whereas the request is brought as a result of a written declaration made by Tadeusz Cymański whereby he refused to comply with the obligation to identify the person to whom he had entrusted the vehicle referred to in the report by the General Inspectorate of Road Traffic and agreed to pay a fine of PLN 500 for the offence set out in Article 96(3) in the Polish Code of Minor Offences;

1.  Decides to waive the immunity of Tadeusz Cymański;

2.  Instructs its President to forward this decision and the report of its competent committee immediately to the competent authority of the Republic of Poland and to Tadeusz Cymański.

(1) Judgment of 12 May 1964 in Case 101/63, Wagner v Fohrmann and Krier (ECR 1964, p. 195); judgment of 10 July 1986 in Case 149/85, Wybot v Faure and others (ECR 1986, p. 2403); judgment of 15 October 2008 in Case T-345/05, Mote v Parliament (ECR 2008, p. II-2849); judgment of 21 October 2008 in Joined Cases C-200/07 and C-201/07, Marra v De Gregorio and Clemente (ECR 2008, p. I-7929); judgment of 19 March 2010 in Case T-42/06, Gollnisch v Parliament (ECR 2010, p. II-1135); judgment of 6 September 2011 in Case C-163/10, Patriciello (ECR 2011, p. I-7565).
(2) Case T-345/05 Mote v Parliament, cited above, at paragraph 28.


Member States experiencing or threatened with serious difficulties with respect to their financial stability ***I
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Resolution
Text
European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council on amending Council Regulation (EC) No 1198/2006 as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability (COM(2013)0428 – C7-0178/2013 – 2013/0200(COD))
P7_TA(2014)0111A7-0046/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0428),

–  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 (C7‑0178/2013),

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

–  having regard to the opinion of the European Economic and Social Committee of 19 September 2013(1),

–  having regard to the undertaking given by the Council representative by letter of 3 February 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 (A7-0046/2014),

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 25 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 1198/2006 on the European Fisheries Fund, as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability

P7_TC1-COD(2013)0200


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 335/2014.)

(1) OJ C 341, 21.11.2013, p. 75.


Adapting legal acts providing for the use of the regulatory procedure with scrutiny (Articles 290 and 291 TFEU) ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council adapting to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny (COM(2013)0751 – C7-0386/2013 – 2013/0365(COD))
P7_TA(2014)0112A7-0011/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0751),

–  having regard to Article 294(2) and Articles 43(2), 53(1), 62, 100(2), 114, 168(4), points (a) and (b), 172, 192(1), 207, 214(3) and 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0386/2013),

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

–  having regard to Regulation (EU) No 182/2011 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(1),

–  having regard to the opinion of the European Economic and Social Committee of 21 January 2014(2),

–  after consulting the Committee of the Regions,

–  having regard to the Common Understanding on Delegated Acts, as approved on 3 March 2011 by the Conference of Presidents,

–  having regard to the Framework Agreement on relations between the European Parliament and the European Commission(3), in particular point 15 thereof and Annex 1 thereto,

–  having regard to its resolution of 5 May 2010 on the power of legislative delegation(4),

–  having regard to its resolution of 25 February 2014 on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers(5),

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

–  having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Internal Market and Consumer Protection, the Committee on International Trade, the Committee on Industry, Research and Energy, and the Committee on Transport and Tourism (A7-0011/2014),

A.  Whereas the Commission committed itself to assessing by the end of 2012 how many legislative acts containing references to the regulatory procedure with scrutiny remained in force, in order to prepare the appropriate legislative initiatives and thus complete the adaptation to the new legal framework; whereas the announced objective was that, by the end of the seventh term of Parliament, all provisions referring to the regulatory procedure with scrutiny would have been removed from all legislative instruments; whereas the Commission has put forward the proposals fulfilling this commitment, albeit much later than expected;

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 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council adapting to Article 290 and 291 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny

P7_TC1-COD(2013)0365


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 Articles 43(2), 53(1), 62, 100(2), 114, 168(4)a, 168(4)b, 172, 192(1), 207, 214(3), 338(1) thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee(6),

After consulting the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure(7),

Whereas:

(1)  The Treaty of Lisbon introduced a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts (implementing acts).

(2)  The measures which can be covered by delegations of powers, as referred to in Article 290(1) of the Treaty on the Functioning of the European Union (TFEU), correspond in principle to those covered by the regulatory procedure with scrutiny established by Article 5a of Council Decision 1999/468/EC(8).

(3)  It is necessary to adapt to Article 290 of the TFEU a number of legal acts already in force which provide for the use of the regulatory procedure with scrutiny and which fulfil the criteria of Article 290(1) TFEU.

(4)  When the Commission prepares delegated acts on the basis of the legal acts adapted by this Regulation, it is of particular importance that it carry out appropriate consultations, 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.

(5)  It is necessary to adapt to Article 291 of the TFEU a number of legal acts already in force which provide for the use of the regulatory procedure with scrutiny and which fulfil the criteria of Article 291(2) of the TFEU.

(6)  When implementing powers are 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(9).

(7)  As a consequence of the entry into force of the Treaty of Lisbon, it is also necessary to amend a number of legal acts already in force which provide for the use of the regulatory procedure with scrutiny by deleting certain measures covered by that procedure.

(8)  This Regulation should not affect pending procedures in which the committee has already delivered its opinion in accordance with Article 5a of Decision 1999/468/EC before the entry into force of this Regulation.

(9)  Since the adaptations and amendments to be made by this Regulation concern only procedures, they do not, in the case of directives, need to be transposed by the Member States,

HAVE ADOPTED THIS REGULATION:

Article 1

1.  Where provisions listed in Annex I to this Regulation provide for the use of the regulatory procedure with scrutiny referred to in Article 5a(1) to (5) of Decision 1999/468/EC, the Commission shall be empowered to adopt delegated acts in accordance with Article 2 of this Regulation.

2.  Where provisions listed in Annex I provide for the use of the urgency procedure referred to in Article 5a(6) of Decision 1999/468/EC, the Commission shall be empowered to adopt delegated acts in accordance with the urgency procedure provided in Article 3 of this Regulation.

Article 2

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 shall be conferred on the Commission for an indeterminate a period of time five years from the date of entry into force of this Regulation. 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. 1]

3.  The delegation of power 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.  An adopted delegated act shall enter into force only if no objection has been expressed either by 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.

By way of derogation from the first subparagraph, the period for objections shall be three months, which shall be extended by three months at the initiative of the European Parliament or of the Council, with regard to delegated acts adopted pursuant to the regulations listed in points 12(10), 13(11), 14(12), 16(13) and 18(14) of Section F, and point 21(15) of Section G, of Annex I. [Am. 2]

6.  Where provisions listed in Annex I to this Regulation provide that the time-limit laid down in point (c) of Article 5a(3) of Decision 1999/468/EC is curtailed pursuant to point (b) of Article 5a(5) of that Decision, the periods laid down in paragraph 5 of this Article shall be set at one month.

Article 3

1.  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2.  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 2(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.

Article 4

1.  Where provisions listed in Annex II provide for the use of the regulatory procedure with scrutiny referred to in Article 5a(1) to (5) of Decision 1999/468/EC, the Commission shall be empowered to adopt implementing acts in accordance with the examination procedure of Article 5 of Regulation (EU) No 182/2011.

2.  Where provisions listed in Annex II provide for the use of the urgency procedure referred to in Article 5a(6) of Decision 1999/468/EC, the Commission shall be empowered to adopt immediately applicable implementing acts in accordance with Article 8 in conjunction with Article 5 of Regulation (EU) No 182/2011.

Article 5

Regulation (EC) No 66/2010 of the European Parliament and of the Council, Regulation (EC) No 1221/2009 of the European Parliament and of the Council, Council Directive 97/70/EC(16), Regulation (EC) No 1333/2008 of the European Parliament and the Council, , Directive 2002/46/EC of the European Parliament and the Council [Ams. 61, 62 and 63] and Council Regulation (EC) No 1257/96(17) are amended as set out in Annex III to this Regulation.

Article 6

This Regulation shall not affect pending procedures in which a committee has already delivered its opinion in accordance with Article 5a of Decision 1999/468/EC.

Article 7

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

Provisions of legal acts making reference to the regulatory procedure with scrutiny referred to in Article 5a of Decision 1999/468/EC which are adapted to the regime of delegated acts(18)

A.  Communications Networks, Content and Technology

-1. Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS)

Article 9(3)* [Am. 4]

1.  Regulation (EC) No 733/2002 of the European Parliament and of the Council of 22 April 2002 on the implementation of the .eu Top Level Domain

Article 3(1), point (a)**

Article 5(1)

Article 5(2)

2.  Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)

Article 26(7)

Article 27a(5) [Am. 5]

Article 35

3.  Directive No 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)

Article 9b(3)

Article 10(4)

Article 13a(4)

Article 15(4)

Article 17(6a)

Article 19(4) [Am. 6]

B.  Climate action

4.  Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020

Article 3(2) [Am. 7]

Article 3(6)

Article 11(3)

5.  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC

Article 3d(3)

Article 3f(9)

Article 10(4)

Article 10a(1)

Article 10a(7)

Article 10a(8)

Article 10a(13)

Article 11a(8)

Article 11a(9)

Article 11b(7)

Article 14(1)

Article 15, fifth paragraph

Article 16(12) [Am. 8]

Article 19(3)

Article 22

Article 24(1), point (b)

Article 24(3)

Article 24a(1)

Article 24a(2)

Article 25(2)

Article 25a(1)

Annex IV, Part A

C.  Energy

6.  Directive 2008/92/EC of the European Parliament and of the Council of 22 October 2008 concerning a Community procedure to improve the transparency of gas and electricity prices charged to industrial end-users (recast)

Article 6

D.  Enterprise and Industry

7.  Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information

Article 5(3)

Article 8

Article 14(2)

Article 14(3)

8.  Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast)

Article 8(1)a, point (a)

Article 8(1), point (b), in conjunction with Article 9(3) [Am. 9]

E.  Environment

9.  Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel

Article 6(5), second subparagraph [Am. 10]

Article 6(7)

Article 8(2)

Article 15

10.  Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC

Article 16(4)

Article 17(3)

Article 30(6)

Article 46(6) [Am. 11]

Article 48(2)

F.  Statistics

11.  Regulation (EC) No 453/2008 of the European Parliament and of the Council of 23 April 2008 on quarterly statistics on Community job vacancies

Article 2(1)

Article 3(1)

Article 5(1) [Am. 12]

Article 7(1)

Article 7(3)

12.  Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 establishing a common framework for business registers for statistical purposes and repealing Council Regulation (EEC) No 2186/93**** [Am. 13]

Article 3(6)

Article 5(2)

Article 6(3) as to the adoption of "measures relating to common quality standards" in conjunction with Article 15(1)(c) as to the adoption of "common quality standards"

Article 8(3)

Article 15(1)

13.  Regulation (EC) No 716/2007 of the European Parliament and of the Council of 20 June 2007 on Community statistics on the structure and activity of foreign affiliates**** [Am. 14]

Article 5(4)

Article 6(3) as to the adoption of "common quality standards" in conjunction with Article 9(2), point (a)

Article 9(2), point (b)

Article 9(2), point (c) as to the definition of "proper common quality standards"

14.  Regulation (EC) No 1445/2007 of the European Parliament and of the Council of 11 December 2007 establishing common rules for the provision of basic information on Purchasing Power Parities and for their calculation and dissemination**** [Am. 15]

Article 7(4) as to the adoption of "the common quality control criteria" in conjunction with Article 12(3), point (c) as to the definition of "quality criteria"

Article 12(3)

15.  Regulation (EC) No 1552/2005 of the European Parliament and of the Council of 7 September 2005 on statistics relating to vocational training in enterprises

Article 5(2)

Article 7(3)

Article 8(2)

Article 9(4) as to the adoption of “quality requirements and any measures necessary for assessing or improving the quality”

Article 9(4) as to the determination of the "structure of the quality reports" [Am. 16]

Article 10(2)

Article 13

16.  Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment**** [Am. 17]

Article 4(3) as to the adoption of “common quality standards”

Article 10

17.  Regulation (EC) No 1177/2003 of the European Parliament and of the Council of 16 June 2003 concerning Community statistics on income and living conditions (EU-SILC)

Article 6(2)

Article 8(3)

Article 15(5) in conjunction with point (a) of Article 15(2)(a) as to "the definition of the list of target primary variables to be included in each area for the cross-sectional component and the list of target variables included in the longitudinal component, including the specification of variable codes"

Article 15(5) in conjunction with point (a) of Article 15(2) as to the definition of the "technical format of transmission to Eurostat"

Article 15(5) in conjunction with point (b) of Article 15(2)

Article 15(5) in conjunction with point (c) of Article 15(2)(c)

Article 15(5) in conjunction with point (d) of Article 15(2)

Article 15(5) in conjonction conjunction with point (e) of Article 15(2)(e)

Article 15(5) in conjonction conjunction with point (f) of Article 15(2)(f) [Am. 18]

18.  Regulation (EC) No 450/2003 of the European Parliament and of the Council of 27 February 2003 concerning the labour cost index**** [Am. 19]

Article 2(4)

Article 3(2)

Article 4(1)

Article 4(2)

Article 8(1)

Article 11, point (a)

Article 11, point (b)

Article 11, point (d)

Article 11, point (e)

Article 11, point (f) as to the adoption of "the separate quality criteria for current and back data transmitted"

Article 11, point (i)

Annex, point 3

19.  Regulation (EC) No 437/2003 of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air

Article 5

Article 7(2)

Article 10(2)

20.  Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics

Article 1(5)

Article 3(1)

Article 4(3)

Article 5(4)

Article 6(2), point (a)

Article 6(2), point (b)

Article 6(2), point (c) as to the "definition of the proper quality evaluation criteria"

Article 6(2), point (c) as to the definition of the "contents of the quality reports" [Am. 20]

Article 6(2), point (d)

Article 8(3)

Annex I, section 7, point 1

Annex II, section 7, point 1

G.  Internal Market and Services

21.  Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC****

Article 14(1)

Article 14(2) [Am. 21]

22.  Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC

Article 68(1)***

Article 69(2)***

H.  Mobility and Transport

23.  Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations

Article 13

Article 14(1)

Article 14(2)

24.  Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (Recast)

Article 10(3)

25.  Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security

Article 10(2)**

Article 10(3)** [Am. 22]

26.  Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues

Article 15

27.  Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over

Article 8, point (a), first indent

Article 8, point (b) [Am. 23]

I.  Health and Consumers

28.  Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products

Article 2(3)

Article 13(8)

Article 14(2)

Article 15(1)

Article 15(2)**

Article 16(8)

Article 16(9)**

Article 18(2) [Am. 24]

Article 20(2)

Article 31(1) **

Article 31(2)

Article 31(3)

29.  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directive 79/117/EEC and 91/414/EEC

Article 8(4) the, last sentence, in conjunction with point (b) of Article 78(1)(b)

Article 17, second subparagraph, in conjunction with point (d) of Article 78(1)

Article 25(3) in conjunction with point (e) of Article 78(1)(e)

Article 26 in conjunction with point (f) of Article 78(1)(f)

Article 27(2) in conjunction with point (h) of Article 78(1)(h)

Article 29(4) in conjunction with point (g) of Article 78(1)

Article 29(6), first subparagraph, second sentence, in conjunction with point (c) of Article 78(1)(c)

Article 30(3) in conjunction with point (i) of Article 78(1)(i)

Article 52(4), last subparagraph, in conjunction with point (j) of Article 78(1)(j)

Article 54(5) in conjunction with point (k) of Article 78(1)(k)

Article 58(2) in conjunction with point (l) of Article 78(1)(l)

Article 65(1) in conjunction with point (m) of Article 78(1)(m)

Article 68, third subparagraph, in conjunction with point (n) of Article 78(1)(n)

Article 78(1), point (a)

Annex II, point 3.6.5 [Am. 25]

30.  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002

Article 5(1)**

Article 5(2)*

Article 6(1)

Article 6(2)*

Article 7(4)

Article 11(2)

Article 15(1)

Article 17(2)

Article 18(3)

Article 19(4)

Article 20(11)

Article 21(6)

Article 27

Article 31(2)

Article 32(3)

Article 40, point (a)

Article 40, point (b)

Article 40, point (c)

Article 40, point (d)

Article 40, point (e)

Article 40, point (f)

Article 41(1)

Article 41(3)

Article 42(2), point (a)

Article 42(2), point (b)

Article 42(2), point (c)

Article 42(2), point (d)

Article 43(3)

Article 45(4)

Article 48(7), point (a)

Article 48(7), point (b)

Article 48(7), point (c)

Article 48(7), point (d) [Am. 26]

Article 48(8)

31.  Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC

Article 6(2)**

Article 7(2)

Article 10(5)*

Article 17(4)

Article 20(2)

Article 26(3) [Am. 27]

Article 27(1)

Article 32(4)

32.  Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council

Articles 13(2)

Article 18** [Am. 28]

Article 19(3)

Article 24(4)

33.  Regulation (EC) No 1334/2008 of the European Parliament and of the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC

Article 8(2)**

Article 22**

Article 25(3)

34.  Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives

Article 9(2)

Article 23(4), second sentence [Am. 29]

Article 24(3)*

Article 30(1)*

Article 30(2)*

Article 30(3)*

Article 30(5)

Article 31*

35.  Regulation (EC) No 1332/2008 of the European Parliament and of the Council of 16 December 2008 on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97

Article 17(5)

36.  Regulation (EC) No 1331/2008 of the European Parliament and of the Council of 16 December 2008 establishing a common authorisation procedure for food additives, food enzymes and food flavourings

Article 7(4)

Article 7(5)*

Article 7(6)**

37.  Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods

Article 3(3)**

Article 4, second subparagraph

Article 5(1)

Article 6(1)

Article 6(2) [Am. 30]

Article 6(6)

Article 7(1)

Article 8(2)

Article 8(5)**

38.  Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods

Article 1(2)

Article 1(4)

Article 3, point (d)

Article 4(1), first subparagraph

Article 4(1), sixth subparagraph

Article 4(5)

Article 8(2)

Article 13(3)

Article 13(4)

Article 17(3), first subparagraph

Article 17(3), second subparagraph, point (b)

Article 18(5), first subparagraph

Article 18(5), second subparagraph, point (b)

Article 28(4), point (b)

Article 28(6), point (a), point (ii) [Am. 31]

39.  Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells

Article 8(5)

Article 8(6)

Article 9(4) [Am. 32]

Article 28**

40.  Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed

Article 3(2)

Article 12(4)

Article 14(1), first indent

Article 14(1), second indent

Article 14(1), third indent

Article 15(2)

Article 24(4)

Article 26(1)

Article 32, sixth subparagraph paragraph [Am. 33]

Article 47(3)

41.  Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components and amending Directive 2001/83/EC

Article 29, first subparagraph paragraph**

Article 29, second subparagraph paragraph, point (a)

Article 29, second subparagraph paragraph, point (b)**

Article 29, second subparagraph paragraph, point (c)**

Article 29, second subparagraph paragraph, point (d)**

Article 29, second subparagraph paragraph, point (e)**

Article 29, second subparagraph paragraph, point (f)**

Article 29, second subparagraph paragraph, point (g)**

Article 29, second subparagraph paragraph, point (h)

Article 29, second paragraph, point (i) [Am. 34]

42.  Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements

Article 4(2)

Article 4(5)**

Article 5(4) as to the adoption of "minimum amounts of vitamins and minerals"

Article 5(4) as to the adoption of "maximum amounts of vitamins and minerals"

Article 12(3) [Am. 35]

43.  Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed

Article 7(2)**

Article 8(1)**

Article 8(2), second indent

ANNEX II

Provisions of legal acts making reference to the regulatory procedure with scrutiny referred to in Article 5a of Decision 1999/468/EC which are adapted to the regime of implementing acts(19).

A.  Communications Networks, Content and Technology

1.  Decision No 626/2008/EC of the European Parliament and of the Council of 30 June 2008 on the selection and authorisation of systems providing mobile satellite services (MSS)

Article 9(3)* [Am. 36]

2.  Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)

Article 26(7)

Article 27a(5) [Am. 37]

3.  Directive No 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)

Article 9b(3)

Article 10(4)

Article 15(4)

Article 17(6)a

Article 19(4) [Am. 38]

B.  Climate action

4.  Decision No 406/2009/EC of the European Parliament and of the Council of 23 April 2009 on the effort of Member States to reduce their greenhouse gas emissions to meet the Community’s greenhouse gas emission reduction commitments up to 2020

Article 3(2) [Am. 39]

5.  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC

Article 11a(8)

Article 16(12) [Am. 40]

C.  Enterprise and Industry

6.  Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast)

Article 8(1)b in conjunction with Article 9(3) [Am. 41]

D.  Environment

7.  Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC

Article 46(6) [Am. 42]

E.  Statistics

8.  Regulation (EC) No 453/2008 of the European Parliament and of the Council of 23 April 2008 on quarterly statistics on Community job vacancies

Article 5(1) [Am. 43]

9.  Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 establishing a common framework for business registers for statistical purposes and repealing Council Regulation (EEC) No 2186/93

Article 6(3) as to the adoption of “the content and periodicity of the quality reports” in conjunction with Article 15(1), point (c) as to the adoption of "the content and periodicity of the quality reports”

10.  Regulation (EC) No 716/2007 of the European Parliament and of the Council of 20 June 2007 on Community statistics on the structure and activity of foreign affiliates

Article 6(3) as to the adoption of “the content and periodicity of the quality reports” in conjunction with Article 9(2), point (c) as to the definition of “the content and periodicity of the quality reports”

11.  Regulation (EC) No 1445/2007 of the European Parliament and of the Council of 11 December 2007 establishing common rules for the provision of basic information on Purchasing Power Parities and for their calculation and dissemination

Article 7 (4) as to the adoption of “structure of the quality reports” in conjunction with Article 12 (3), point (c) as to the definition of the “structure of the quality reports”

12.  Regulation (EC) No 1552/2005 of the European Parliament and of the Council of 7 September 2005 on statistics relating to vocational training in enterprises

Article 9(4) as to the adoption of "structure of the quality reports" [Am. 44]

13.  Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment.

Article 4(3) as to the adoption of “content and periodicity of the quality reports”

14.  Regulation (EC) No 1177/2003 of the European Parliament and of the Council of 16 June 2003 concerning Community statistics on income and living conditions (EU-SILC)

Article 8(3)

Article 15(5) in conjunction with Article 15(2)(a) as to the definition of "technical format of transmission to Eurostat",

Article 15(5) in conjunction with Article 15(2)(b)

Article 15(5) in conjunction with Article 15(2)(d) [Am. 45]

15.  Regulation (EC) No 450/2003 of the European Parliament and of the Council of 27 February 2003 concerning the labour cost index

Article 8(2) in conjunction with Article 11, point (f) as to the adoption of "content of quality reports"

16.  Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics

Article 6(2)(c) as to the adoption of "content of quality reports" [Am. 46]

F.  Internal Market and Services

17.  Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC

Article 14(2) [Am. 47]

G.  Mobility and Transport

18.  Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security

Article 10(3)** [Am. 48]

19.  Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over

Article 8(a) First indent [Am. 49]

H.  Health and Consumers

20.  Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products

Article 18(2) [Am. 50]

21.  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directive 79/117/EEC and 91/414/EEC

Article 17 second subparagraph in conjunction with Article 78(1)(d)

Article 29(4) in conjunction with Article 78(1)(g) [Am. 51]

22.  Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002

Article 40 (c)

Article 40 (d)

Article 40 (e)

Article 41(1)

Article 41(3)

Article 42(2) (d)

Article 45(4)

Article 48(7) (c) [Am. 52]

23.  Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC

Article 7(2)

Article 10(5)*

Article 26(3) [Am. 53]

24.  Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending Directive 2001/82/EC of the European Parliament and of the Council and Regulation (EC) No 726/2004 of the European Parliament and of the Council

Article 18** [Am. 54]

25.  Regulation (EC) No 1925/2006 of the European Parliament and of the Council of 20 December 2006 on the addition of vitamins and minerals and of certain other substances to foods

Article 6(1)

Article 6(2) [Am. 55]

26.  Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods

Article 13(3)

Article 13(4)

Article 17(3) first subparagraph

Article 17(3) second subparagraph (b)

Article 18(5) first subparagraph

Article 18(5) second subparagraph (b)

Article 28(6)(a)(ii) [Am. 56]

27.  Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells

Article 8(6)

Article 9(4) [Am. 57]

28.  Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed

Article 3(2)

Article 14(1) first indent

Article 14(1) second indent

Article 15(2)

Article 26(1) [Am. 58]

29.  Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components and amending Directive 2001/83/EC

Article 29 second subparagraph i) [Am. 59]

30.  Directive 2002/46/EC of the European Parliament and of the Council of 10 June 2002 on the approximation of the laws of the Member States relating to food supplements

Article 5(4) as to the adoption of "maximum amounts of vitamins and minerals" [Am. 60]

ANNEX III

Amendments to Regulation (EC) No 66/2010 of the European Parliament and of the Council, Regulation (EC) No 1221/2009 of the European Parliament and of the Council, Council Directive 97/70/EC, Regulation (EC) No 1333/2008 of the European Parliament and the Council, Directive 2002/46/EC of the European Parliament and the Council and to Council Regulation (EC) No 1257/96 [Am. 61]

A.  ENVIRONMENT

(1)  In paragraph 5 of Article 6 of Regulation (EC) No 66/2010, the second subparagraph is deleted.

(2)  Regulation (EC) No 1221/2009 is amended as follows:

(a)  in Article 16, paragraph 4 is deleted;

(b)  in Article 30, paragraph 6 is deleted. [Am. 62]

B.  Mobility and Transport

(3)  In point (a) of Article 8 of Directive 97/70/EC, the second indent is deleted.

C.  Health and Consumers

(4)  In Article 23 of Regulation (EC) No 1333/2008, paragraph 4, second sentence is deleted.

(5)  In Article 12 of Directive 2002/46/EC, paragraph 3 is deleted. [Am. 63]

D.  Humanitarian Aid

(6)  In Article 15 of Regulation (EC) No 1257/96, paragraph 1 is deleted.

(1) OJ L 55, 28.2.2011, p. 13.
(2) Not yet published in the Official Journal.
(3) OJ L 304, 20.11.2010, p. 47.
(4) OJ C 81 E, 15.3.2011, p. 6.
(5) Texts adopted, P7_TA(2014)0127.
(6)Opinion of 21 January 2014 (not yet published in the Official Journal).
(7) Position of the European Parliament of 25 February 2014.
(8)Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23).
(9)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).
(10) Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 establishing a common framework for business registers for statistical purposes and repealing Council Regulation (EEC) No 2186/93 (OJ L 61, 5.3.2008, p. 6).
(11) Regulation (EC) No 716/2007 of the European Parliament and of the Council of 20 June 2007 on Community statistics on the structure and activity of foreign affiliates (OJ L 171, 29.6.2007, p. 17).
(12) Regulation (EC) No 1445/2007 of the European Parliament and of the Council of 11 December 2007 establishing common rules for the provision of basic information on Purchasing Power Parities and for their calculation and dissemination (OJ L 336, 20.12.2007, p. 1).
(13) Regulation (EC) No 184/2005 of the European Parliament and of the Council of 12 January 2005 on Community statistics concerning balance of payments, international trade in services and foreign direct investment (OJ L 35, 8.2.2005, p. 23).
(14) Regulation (EC) No 450/2003 of the European Parliament and of the Council of 27 February 2003 concerning the labour cost index (OJ L 69, 13.3.2003, p. 1).
(15) Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).
(16) Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over (OJ L 34, 9.2.1998, p. 1).
(17) Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid (OJ L 163, 2.7.1996, p. 1).
(18)For information purposes, provisions referring to the curtailed time limit pursuant to Article 2(6) are indicated in this Annex with *, provisions referring to the urgency procedure pursuant to Article 3 are indicated in this Annex with ** and provision, provisions referring to the urgency procedure pursuant to Article 3 and to the curtailed time limit pursuant to Article 2(6) are indicated in this Annex with *** and provisions referred to in the second subparagraph of Article 2(5) are indicated in this Annex with ****. [Am. 3]
(19)For information purposes, provisions referring to the urgency procedure pursuant to Article 8 of Regulation (EU) No 182/2011 are indicated in this Annex with **


Adapting legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny (Article 290 TFEU)***I
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Resolution
Consolidated text
European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council adapting to Article 290 of the Treaty on the Functioning of the European Union a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny (COM(2013)0452 – C7-0197/2013 – 2013/0220(COD))
P7_TA(2014)0113A7-0480/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0452),

–  having regard to Article 294(2) and Article 81(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0197/2013),

–  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 16 October 2013(1),

–  having regard to the letter from the President of the Committee of the Regions to the President of Parliament of 11 October 2013,

–  having regard to the Common Understanding on Delegated Acts, as approved on 3 March 2011 by the Conference of Presidents,

–  having regard to the Framework Agreement on relations between the European Parliament and the European Commission(2), in particular point 15 thereof and Annex 1 thereto,

–  having regard to its resolution of 5 May 2010 on the power of legislative delegation(3),

–  having regard to its resolution of 25 February 2014 on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers(4),

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

–  having regard to the report of the Committee on Legal Affairs (A7-0480/2013),

A.  Whereas the Commission committed itself to assessing by the end of 2012 how many legislative acts containing references to the regulatory procedure with scrutiny remained in force, in order to prepare the appropriate legislative initiatives and thus complete the adaptation to the new legal framework; whereas the announced objective was that, by the end of the seventh term of Parliament, all provisions referring to the regulatory procedure with scrutiny would have been removed from all legislative instruments; whereas the Commission has put forward the proposals fulfilling this commitment, albeit much later than expected;

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 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council adapting to Article 290 of the Treaty on the Functioning of the European Union a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny

P7_TC1-COD(2013)0220


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(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(5),

Acting in accordance with the ordinary legislative procedure(6),

Whereas:

(1)  The Treaty of Lisbon introduced the possibility for the legislator to delegate power to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act.

(2)  The measures which can be covered by delegations of powers, as referred to in Article 290(1) of the Treaty on the Functioning of the European Union (TFEU), correspond in principle to those covered by the regulatory procedure with scrutiny established by Article 5a of Council Decision 1999/468/EC(7).

(3)  It is necessary to adapt to Article 290 of the TFEU legal acts already in force which make use of the regulatory procedure with scrutiny.

(4)  This Regulation should not affect pending procedures in which the committee has already delivered its opinion in accordance with Article 5a of Decision 1999/468/EC before the entry into force of this Regulation.

(5)  When the Commission prepares delegated acts on the basis of the legal acts adapted by this Regulation, it is of particular importance that it carry out appropriate consultations, 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.

(6)  The United Kingdom and Ireland are bound by the legal acts referred to in the annex and therefore take part in the adoption and application of this Regulation.

(7)  In accordance with Articles 1 and 2 of the Protocol No 22 on the position of Denmark annexed to the Treaty on the Functioning of the European Union, Denmark does not take part in the adoption of this Regulation, and is not bound by it or subject to its application,

HAVE ADOPTED THIS REGULATION:

Article 1

Where the legal acts listed in the Annex to this Regulation provide for the use of the regulatory procedure with scrutiny referred to in Article 5a(1) to (4) of Decision 1999/468/EC, the Commission shall be empowered to adopt delegated acts in accordance with Article 2 of this Regulation.

Article 2

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 shall be conferred on the Commission for an indeterminate period of time.

3.  The delegation of power 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.  An adopted delegated act shall enter into force only if no objection has been expressed either by 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.

Article 3

This Regulation shall not affect pending procedures in which a committee has already delivered its opinion in accordance with Article 5a of the Decision 1999/468/EC.

Article 4

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 Member States in accordance with the Treaties.

Done at …,

For the European Parliament For the Council

The President The President

ANNEX

Legal acts making reference to the regulatory procedure with scrutiny referred to in Article 5a of the Decision 1999/468/EC which are adapted to the regime of delegated acts

1.  Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters(8)

2.  Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims(9)

3.  Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure(10)

4.  Regulation (EC) No 861/2007 of the European Parliament and of the Council of 11 July 2007 establishing a European Small Claims Procedure(11)

5.  Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13 November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000(12).

(1) Not yet published in the Official Journal.
(2) OJ L 304, 20.11.2010, p. 47.
(3) OJ C 81 E, 15.3.2011, p. 6.
(4) Texts adopted, P7_TA(2014)0127.
(5)OJ C 67, 6.3.2014, p. 104.
(6)Position of the European Parliament of 25 February 2014.
(7)Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23).
(8) OJ L 174, 27.6.2001, p. 1.
(9) OJ L 143, 30.4.2004, p. 15.
(10) OJ L 399, 30.12.2006, p. 1.
(11) OJ L 199, 31.7.2007, p. 1.
(12) OJ L 324, 10.12.2007, p. 79.


Adapting legal acts providing for the use of the regulatory procedure with scrutiny (Article 290 TFEU) ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council adapting to Article 290 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny (COM(2013)0451 – C7-0198/2013 – 2013/0218(COD))
P7_TA(2014)0114A7-0010/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0451),

–  having regard to Article 294(2) and Articles 33, 43(2), 53(1), 62, 64(2), 91, 100(2), 114, 153(2)(b), 168(4)(b), 172, 192(1), 207 and 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0198/2013),

–  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 16 October 2013(1),

–  having regard to the letter from the President of the Committee of the Regions to the President of Parliament of 11 October 2013,

–  having regard to the Common Understanding on Delegated Acts, as approved on 3 March 2011 by the Conference of Presidents,

–  having regard to the Framework Agreement on relations between the European Parliament and the European Commission(2), in particular point 15 thereof and Annex 1 thereto,

–  having regard to its resolution of 5 May 2010 on the power of legislative delegation(3),

–  having regard to its resolution of 25 February 2014 on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers(4),

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

–  having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on International Trade, the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on the Internal Market and Consumer Protection, and the Committee on Transport and Tourism (A7-0010/2014),

A.  Whereas the Commission committed itself to assessing by the end of 2012 how many legislative acts containing references to the regulatory procedure with scrutiny remained in force in order to prepare the appropriate legislative initiatives and thus complete the adaptation to the new legal framework; whereas the announced objective was that, by the end of the seventh term of Parliament, all provisions referring to the regulatory procedure with scrutiny would have been removed from all legislative instruments; whereas the Commission has put forward the proposals fulfilling this commitment, albeit much later than expected;

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 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council adapting to Article 290 of the Treaty on the Functioning of the European Union a number of legal acts providing for the use of the regulatory procedure with scrutiny

P7_TC1-COD(2013)0218


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 Articles 33, 43(2), 53(1), 62, 64(2), 91, 100(2), 114, 153(2)(b), 168(4)(b), 172, 192(1), 207 and 338(1), thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee(5),

Acting in accordance with the ordinary legislative procedure(6),

Whereas:

(1)  The Treaty of Lisbon introduced the possibility for the legislator to delegate power to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act.

(2)  The measures which can be covered by delegations of powers, as referred to in Article 290(1) of the Treaty on the Functioning of the European Union (TFEU), correspond in principle to those covered by the regulatory procedure with scrutiny established by Article 5a of Council Decision 1999/468/EC(7).

(3)  It is necessary to adapt to Article 290 of the TFEU a number of legal acts already in force which provide for the use of the regulatory procedure with scrutiny.

(4)  This Regulation should not affect pending procedures in which the committee has already delivered its opinion in accordance with Article 5a of Decision 1999/468/EC before the entry into force of this Regulation.

(5)  Since the adaptations to be made by this Regulation concern only procedures, they do not, in the case of directives, need to be transposed by the Member States.

(6)  When the Commission prepares delegated acts on the basis of the legal acts adapted by this Regulation, it is of particular importance that it carry out appropriate consultations, 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,

HAVE ADOPTED THIS REGULATION:

Article 1

1.  Where the legal acts listed in the Annex to this Regulation provide for the use of the regulatory procedure with scrutiny referred to in Article 5a(1) to (5) of Decision 1999/468/EC, the Commission shall be empowered to adopt delegated acts in accordance with Article 2 of this Regulation.

2.  Where the legal acts listed in the Annex provide for the use of the urgency procedure referred to in Article 5a(6) of Decision 1999/468/EC, the Commission shall be empowered to adopt delegated acts in accordance with the urgency procedure provided in Article 3 of this Regulation.

Article 2

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 shall be conferred on the Commission for an indeterminate a period of time five years from the date of entry into force of this Regulation. 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. 1]

3.  The delegation of power 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.  An adopted delegated act shall enter into force only if no objection has been expressed either by 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.

By way of derogation from the first subparagraph, the period for objections shall be three months, which shall be extended by three months at the initiative of the European Parliament or of the Council, with regard to delegated acts adopted pursuant to the regulations listed in points 81(8), 82(9), 85(10), 86(11), 90 to 93(12) of Section G, and point 95(13) of Section H, of the Annex. [Am. 2]

6.  Where the legal acts listed in the Annex to this Regulation provide that the time-limit laid down in point (c) of Article 5a(3) of Decision 1999/468/EC is curtailed pursuant to point (b) of Article 5a(5) of that Decision, the periods laid down in paragraph 5 of this Article shall be set at one month.

Article 3

1.  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2.  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 2(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.

Article 4

This Regulation shall not affect pending procedures in which a committee has already delivered its opinion in accordance with Article 5a of Decision 1999/468/EC.

Article 5

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

Legal acts making reference to the regulatory procedure with scrutiny referred to in Article 5a of Decision 1999/468/EC which are adapted to the regime of delegated acts(14)

A.  Communications Networks, Content and Technology

1.  Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)

2.  Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive)

B.  Employment, Social Affairs and Inclusion

3.  Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work **

4.  Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

5.  Directive 2006/25/EC of the European Parliament and of the Council of 5 April 2006 on the minimum health and safety requirements regarding the exposure of workers to risks arising from physical agents (artificial optical radiation) (19th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

6.  Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (sixth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

7.  Directive 2003/10/EC of the European Parliament and of the Council of 6 February 2003 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise) (Seventeenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

8.  Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC **

9.  Directive 2000/54/EC of the European Parliament and of the Council of 18 September 2000 on the protection of workers from risks related to exposure to biological agents at work (seventh individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

10.  Directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres (15th individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

11.  Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

12.  Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)**

13.  Council Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries (twelfth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)**

14.  Council Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for improving the safety and health protection of workers in the mineral- extracting industries through drilling (eleventh individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)**

15.  Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the provision of safety and/or health signs at work (ninth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

16.  Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC)**

17.  Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels **

18.  Council Directive 90/270/EEC of 29 May 1990 on the minimum safety and health requirements for work with display screen equipment (fifth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

19.  Council Directive 90/269/EEC of 29 May 1990 on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers (fourth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

20.  Council Directive 89/656/EEC of 30 November 1989 on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace (third individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

21.  Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (first individual directive within the meaning of Article 16(1) of Directive 89/391/EEC)**

22.  Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work **

C.  Climate action

23.  Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer

24.  Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006

D.  Energy

25.  Regulation (EC) No 1222/2009 of the European Parliament and of the Council of 25 November 2009 on the labelling of tyres with respect to fuel efficiency and other essential parameters.

26.  Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005

27.  Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003

28.  Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators

29.  Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in electricity and repealing Directive 2003/54/EC

30.  Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the internal market in natural gas and repealing Directive 2003/55/EC

E.  Enterprise and Industry

31.  Regulation (EC) No 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning type-approval requirements for the general safety of motor vehicles, their trailers and systems, components and separate technical units intended therefor

32.  Regulation (EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009 on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC

33.  Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of eco-design requirements for energy-related products

34.  Regulation (EC) No 79/2009 of the European Parliament and of the Council of 14 January 2009 on type-approval of hydrogen-powered motor vehicles, and amending Directive 2007/46/EC

35.  Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys

36.  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

37.  Directive 2009/34/EC of the European Parliament and of the Council of 23 April 2009 relating to common provisions for both measuring instruments and methods of metrological control (recast)

38.  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)

39.  Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC.

40.  Directive 2004/10/EC of the European Parliament and of the Council of 11 February 2004 on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances

41.  Directive 2004/9/EC of the European Parliament and of the Council of 11 February 2004 on the inspection and verification of good laboratory practice (GLP)

42.  Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers

43.  Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors

44.  Directive 97/68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery

45.  Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers

F.  Environment

46.  Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products

47.  Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds

48.  Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations

49.  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006**

50.  Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (Waste Framework Directive)

51.  Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive)

52.  Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe

53.  Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks

54.  Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE)

55.  Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste [Am. 4]

56.  Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC

57.  Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration

58.  Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC

59.  Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC

60.  Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC

61.  Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air

62.  Directive 2004/42/CE of the European Parliament and of the Council of 21 April 2004 on the limitation of emissions of volatile organic compounds due to the use of organic solvents in certain paints and varnishes and vehicle refinishing products and amending Directive 1999/13/EC

63.  Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise

64.  Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants

65.  Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy

66.  Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles

67.  Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste

68.  Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption

69.  Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)

70.  European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations

71.  European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste

72.  Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources

73.  Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment

74.  Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture

G.  Statistics

75.  Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides

76.  Regulation (EC) No 1338/2008 of the European Parliament and of the Council of 16 December 2008 on Community statistics on public health and health and safety at work

77.  Regulation (EC) No 1166/2008 of the European Parliament and of the Council of 19 November 2008 on farm structure surveys and the survey on agricultural production methods and repealing Council Regulation (EEC) No 571/88

78.  Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics)

79.  Regulation (EC) No 763/2008 of the European Parliament and of the Council of 9 July 2008 on population and housing censuses

80.  Regulation (EC) No 452/2008 of the European Parliament and of the Council of 23 April 2008 concerning the production and development of statistics on education and lifelong learning

81.  Regulation (EC) No 451/2008 of the European Parliament and of the Council of 23 April 2008 establishing a new statistical classification of products by activity (CPA) and repealing Council Regulation (EEC) No 3696/93**** [Am. 5]

82.  Regulation (EC) No 295/2008 of the European Parliament and of the Council of 11 March 2008 concerning structural business statistics (recast)**** [Am. 6]

83.  Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers.

84.  Regulation (EC) No 458/2007 of the European Parliament and of the Council of 25 April 2007 on the European system of integrated social protection statistics (ESSPROS)

85.  Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains **** [Am. 7]

86.  Regulation (EC) No 1161/2005 of the European Parliament and of the Council of 6 July 2005 on the compilation of quarterly non-financial accounts by institutional sector. **** [Am. 8]

87.  Regulation (EC) No 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society

88.  Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS).

89.  Council Regulation (EC) 530/1999 of 9 March 1999 concerning structural statistics on earnings and on labour costs.

90.  Council Regulation (EC) No 1165/98 of 19 May 1998 concerning short-term statistics. **** [Am. 9]

91.  Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonized indices of consumer prices. **** [Am. 10]

92.  Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production system in the Community. **** [Am. 11]

93.  Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production **** [Am. 12]

H.  Internal Market and Services

94.  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market

95.  Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards **** [Am. 13]

96.  Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service

I.  Mobility and Transport

97.  Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006

98.  Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC

99.  Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents

100.  Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market

101.  Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles

102.  Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council

103.  Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations

104.  Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 **

105.  Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management

106.  Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods *

107.  Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations

108.  Directive 2007/59/CE of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers operating locomotives and trains on the railway system in the Community**

109.  Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (recast)

110.  Regulation (EC) No 336/2006 of the European Parliament and of the Council of 15 February 2006 on the implementation of the International Safety Management Code within the Community and repealing Council Regulation (EC) No 3051/95

111.  Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels***

112.  Regulation (EC) No 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier

113.  Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security**

114.  Directive 2005/44/EC of the European Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community

115.  Regulation (EC) No 868/2004 of the European Parliament and of the Council of 21 April 2004 concerning protection against subsidisation and unfair pricing practices causing injury to Community air carriers in the supply of air services from countries not members of the European Community

116.  Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community and repealing Council Regulation (EEC) No 613/91

117.  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

118.  Directive 2004/54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the Trans-European Road Network

119.  Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community

120.  Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships

121.  Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC

122.  Directive 2003/25/EC of the European Parliament and of the Council of 14 April 2003 on specific stability requirements for ro-ro passenger ships

123.  Regulation (EC) No 2099/2002 of the European Parliament and of the Council of 5 November 2002 establishing a Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) and amending the Regulations on maritime safety and the prevention of pollution from ships

124.  Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic Monitoring and information system and repealing Council Directive 93/75/EEC

125.  Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports

126.  Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers

127.  Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services

128.  Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community

129.  Council Directive 96/50/EC of 23 July 1996 on the harmonization of the conditions for obtaining national boatmasters' certificates for the carriage of goods and passengers by inland waterway in the Community

130.  Council Directive 95/50/EC of 6 October 1995 on uniform procedures for checks on the transport of dangerous goods by road

131.  Council Regulation (EEC) No 3922/91 of 16 December 1991 on the harmonization of technical requirements and administrative procedures in the field of civil aviation

132.  Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of national Boatmasters' certificates for the carriage of goods and passengers by inland waterway

J.  Health and Consumers

133.  Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides

134.  Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters **

135.  Directive 2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms (recast)

136.  Directive 2009/32/EC of the European Parliament and of the Council of 23 April 2009 on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients

137.  Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC

138.  Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007 on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004

139.  Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004

140.  Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene

141.  Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 98/109/EEC ***

142.  Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption

143.  Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin

144.  Regulation (EC) no 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs

145.  Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency

146.  Regulation (EC) No 2160/2003 of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents

147.  Regulation (EC) No 2065/2003 of the European Parliament and of the Council of 10 November 2003 on smoke flavourings used or intended for use in or on foods

148.  Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition

149.  Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organism

150.  Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents, amending Council Decision 90/424/EEC and repealing Council Directive 92/117/EEC **

151.  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety

152.  Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies

153.  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use

154.  Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC

155.  Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products

156.  Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation ***

157.  Regulation (EC) No 258/97 of the European Parliament and of the Council of 27 January 1997 concerning novel foods and novel food ingredients

158.  Council Regulation (EEC) No 315/93 of 8 February 1993 laying down Community procedures for contaminants in food **

159.  Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption

K.  Taxation and Customs Union

160.  Decision No 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on a paperless environment for customs and trade

(1) Not yet published in the Official Journal.
(2) OJ L 304, 20.11.2010, p. 47.
(3) OJ C 81 E, 15.3.2011, p. 6.
(4) Texts adopted, P7_TA(2014)0127.
(5)Opinion of 16 October 2013 (not yet published in the Official Journal).
(6) Position of the European Parliament of 25 February 2014.
(7)Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23).
(8) Regulation (EC) No 451/2008 of the European Parliament and of the Council of 23 April 2008 establishing a new statistical classification of products by activity (CPA) and repealing Council Regulation (EEC) No 3696/93 (OJ L 145, 4.6.2008, p. 65).
(9) Regulation (EC) No 295/2008 of the European Parliament and of the Council of 11 March 2008 concerning structural business statistics (OJ L 97, 9.4.2008, p. 13).
(10) Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1).
(11) Regulation (EC) No 1161/2005 of the European Parliament and of the Council of 6 July 2005 on the compilation of quarterly non-financial accounts by institutional sector (OJ L 191, 22.7.2005, p. 22).
(12) Council Regulation (EC) No 1165/98 of 19 May 1998 concerning short-term statistics (OJ L 162, 5.6.1998, p. 1); Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonized indices of consumer prices (OJ L 257, 27.10.1995, p. 1); Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production system in the Community (OJ L 76, 30.3.1993, p. 1); Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production (OJ L 374, 31.12.1991, p. 1).
(13) Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (OJ L 243, 11.9.2002, p. 1).
(14)For information purposes, legal acts referring to the curtailed time limit pursuant to Article 2(6) are indicated in this Annex with *, legal acts referring to the urgency procedure pursuant to Article 3 are indicated in this Annex with **, legal acts referring to the urgency procedure pursuant to Article 3 and to the curtailed time limit pursuant to Article 2(6) are indicated in this Annex with *** and legal acts referred to in the second subparagraph of Article 2(5) are indicated in this Annex with ****. [Am. 3]


Appointment of a member of the Court of Auditors - Oskar HERICS (AT)
PDF 191kWORD 33k
European Parliament decision of 25 February 2014 on the nomination of Oskar Herics as a Member of the Court of Auditors (C7-0009/2014 – 2014/0802(NLE))
P7_TA(2014)0115A7-0128/2014

(Consultation)

The European Parliament,

–  having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7‑0009/2014),

–  having regard to Rule 108 of its Rules of Procedure,

–  having regard to the report of the Committee on Budgetary Control (A7-0128/2014),

A.  whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;

B.  whereas at its meeting of 17 February 2014 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;

1.  Delivers a favourable opinion on the Council’s nomination of Oskar Herics as a Member of the Court of Auditors;

2.  Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.


Amendment of Rule 136 of the Rules of Procedure on the attendance of Members at sittings
PDF 190kWORD 40k
European Parliament decision of 25 February 2014 on amendment of Rule 136 of Parliament's Rules of Procedure on the attendance of Members at sittings (2013/2033(REG))
P7_TA(2014)0116A7-0038/2014

The European Parliament,

–  having regard to the proposal for amendment of its Rules of Procedure (B7‑0051/2013),

–  having regard to its decision 2005/684/EC, Euratom of 28 September 2005 adopting the Statute for Members of the European Parliament(1),

–  having regard to the Bureau decision of 19 May and 9 July 2008 concerning implementing measures for the Statute for Members of the European Parliament(2),

–  having regard to Rules 211 and 212 of its Rules of Procedure,

–  having regard to the report of the Committee on Constitutional Affairs (A7-0038/2014),

1.  Decides to amend its Rules of Procedure as shown below;

2.  Points out that the amendment will enter into force on the first day of the next part-session;

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

Present text   Amendment
Amendment 1
Parliament's Rules of Procedure
Rule 136 – paragraph 2
2.  The names of the Members present, as shown in the attendance register, shall be recorded in the minutes of each sitting.
2.  The names of the Members present, as shown in the attendance register, shall be recorded in the minutes of each sitting as "present". The names of the Members excused by the President shall be recorded in the minutes of each sitting as "excused".

(1) OJ L 262, 7.10.2005, p. 1.
(2) OJ C 159, 13.7.2009, p. 1.


2020 target to reduce CO2 emissions from new passenger cars ***I
PDF 196kWORD 38k
Resolution
Text
European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 443/2009 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new passenger cars (COM(2012)0393 – C7-0184/2012 – 2012/0190(COD))
P7_TA(2014)0117A7-0151/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2012)0393),

–  having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0184/2012),

–  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 12 December 2012(1),

–  after consulting the Committee of the Regions,

–  having regard to the undertaking given by the Council representative by letter of 29 November 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A7-0151/2013),

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 25 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 443/2009 to define the modalities for reaching the 2020 target to reduce CO2 emissions from new passenger cars

P7_TC1-COD(2012)0190


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 333/2014.)

(1) OJ C 44, 15.2.2013, p. 109.


Community trade mark ***I
PDF 769kWORD 315k
Resolution
Consolidated text
European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark (COM(2013)0161 – C7-0087/2013 – 2013/0088(COD))
P7_TA(2014)0118A7-0031/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0161),

–  having regard to Article 294(2) and Article 118(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0087/2013),

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

–  having regard to the opinion of the Committee on Legal Affairs on the use of delegated acts of 14 October 2013,

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

–  having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on International Trade and the Committee on the Internal Market and Consumer Protection (A7-0031/2014),

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 the proposal substantially or replace it with another text;

3.  Calls on the Commission to take measures to codify the Regulation once the legislative procedure has come to an end;

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 25 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 207/2009 on the Community trade mark

P7_TC1-COD(2013)0088


(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 118(1) thereof,

Having regard to the proposal from the European Commission,

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

Acting in accordance with the ordinary legislative procedure(1),

Whereas:

(1)  Council Regulation (EC) No 40/94(2), in 2009 codified as Council Regulation (EC) No 207/2009(3), created a system of trade mark protection specific for the European Union which provided for the protection of trade marks at the level of the European Union, in parallel to the protection of trade marks available at the level of the Member States according to the national trade mark systems harmonized by Council Directive 89/104/EEC(4), codified as Directive 2008/95/EC of the European Parliament and of the Council(5).

(2)  As a consequence of the entry into force of the Lisbon Treaty, the terminology of Regulation (EC) No 207/2009 should be updated. This implies involves the replacement of 'Community trade mark' by 'European Union trade mark'. In line with the Common approach on decentralised Agencies, agreed in July 2012 by the European Parliament, the Council and the Commission, the name 'Office for Harmonisation in the Internal Market (trade marks and designs) ' should be replaced by 'European Union Trade Marks and Designs Intellectual Property Agency' (hereinafter 'the Agency'). [Am. 1]

(3)  Further to the Commission’s Communication of 16 July 2008 on an Industrial Property Rights Strategy for Europe(6), the Commission carried out a comprehensive evaluation of the overall functioning of the trade mark system in Europe as a whole, covering Union and national levels and the interrelation between each other.

(4)  In its conclusions of 25 May 2010 on the future revision of the Trade Mark system in the European Union(7), the Council called on the Commission to present proposals for the revision of Regulation (EC) No 207/2009 and Directive 2008/95/EC.

(5)  The experience acquired since the establishment of the Community trade mark system has shown that undertakings from within the Union and from third countries have accepted the system, which has become a successful and viable complement and alternative to the protection of trade marks at the level of the Member States. [Am. 2]

(6)  National trade marks continue nevertheless to be necessary for those undertakings which do not want protection of their trade marks at Union level or which are unable to obtain Union-wide protection while national protection does not face any obstacles. It should be left to the decision of each person seeking trade mark protection whether the protection is sought only as a national mark in one or more Member States, or only as a European Union trade mark, or both.

(7)  While the evaluation of the overall functioning of the Community trade mark system confirmed that many aspects of that system, including the fundamental principles on which it is based, have stood the test of time and continue meeting business needs and expectations, the Commission concluded in its Communication ‘A Single Market for Intellectual Property Rights’ of 24 May 2011(8) that there is a necessity to modernise the trade mark system in the Union by making it more effective, efficient and consistent as a whole and adapting it to the Internet era.

(8)  In parallel to the improvements and amendments of the Community trade mark system, national trade mark laws and practices should be further harmonised and brought in line with the Union trade mark system to the extent appropriate in order to create as far as possible equal conditions for the registration and protection of trade marks throughout the Union.

(9)  In order to allow for more flexibility while ensuring greater legal certainty with regard to the means of representation of trade marks, the requirement of graphic representability should be deleted from the definition of a European Union trade mark. A sign should be permitted to be represented in the Register of European Union trade marks in any appropriate form, and thus not necessarily by graphic means, as long as the representation sign is capable of being represented in a manner which is clear, precise, self-contained, easily accessible, durable and objective. A sign should therefore be permitted in any appropriate form, taking account of generally available technology which enables the competent authorities and the public to determine with precision and clarity the precise subject matter of protection. [Am. 3]

(10)  The current provisions of Regulation (EC) No 207/2009 fall short of offering the same degree of protection to designations of origin and geographical indications as other instruments of Union law. It is therefore necessary to clarify the absolute grounds for refusal concerning designations of origin and geographical indications and to ensure full consistency with relevant Union legislation providing for protection of those intellectual property titles. For reasons of coherence with other Union legislation, the scope of those absolute grounds should be extended to cover also protected traditional terms for wine and traditional specialities guaranteed.

(11)  Trade marks applied for in a script or language not intelligible in the Union should not deserve protection if their registration would have to be refused on absolute grounds when translated or transcribed in any official language of the Member States.

(12)  It is appropriate to make the dishonest appropriation of trade marks more difficult by extending the possibilities to oppose European Union trade mark applications filed in bad faith.

(13)  With the aim of maintaining strong protection of rights in designations of origin and geographical indications protected at Union level, it is necessary to clarify that those rights entitle to bring an opposition against the registration of a later European Union trade mark, regardless of whether or not they are also grounds for refusal to be taken into account ex officio by the examiner.

(14)  In order to ensure legal certainty and full consistency with the principle of priority, under which an earlier registered trade mark takes precedence over later registered trade marks, it is necessary to lay down that the enforcement of rights conferred by a European Union trade mark should be without prejudice to the rights of proprietors acquired prior to the filing or priority date of the European Union trade mark. This is in conformity with Article 16(1) of the Agreement on trade related aspects of intellectual property rights of 15 April 1994(9).

(15)  In order to ensure legal certainty and clarity, it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services, protection should be granted to a European trade mark only if and to the extent that the main function of the European trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected. [Am. 4]

(16)  Confusion as to the commercial source from which the goods or services emanate may occur when a company uses the same or a similar sign as a trade name in a way that a link is established between the company bearing the name and the goods or services coming from that company. Infringement of a European Union trade mark should therefore also comprise the use of the sign as a trade name or similar designation as long as the use is made for the purposes of distinguishing goods or services as to their commercial origin.

(17)  In order to ensure legal certainty and full consistency with specific Union legislation, it is appropriate to provide that the proprietor of a European Union trade mark should be entitled to prohibit a third party from using a sign in a comparative advertising where such comparative advertising is contrary to Directive 2006/114/EC of the European Parliament and of the Council(10).

(18)  With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, and without prejudice to WTO rules, in particular Article V of the GATT on freedom of transit, the proprietor of a European Union trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the Union without being released for free circulation there, where such goods come from third countries and bear without authorization authorisation a trade mark which is essentially identical to the European Union trade mark registered in respect of such goods. This should be without prejudice to the smooth transit of generic medicines, in compliance with the international obligations of the European Union, in particular as reflected in the 'Declaration on the TRIPS agreement and public health' adopted by the Doha WTO Ministerial Conference on 14 November 2001. [Am. 115]

(18a)  The proprietor of a European Union trade mark should have the right to take relevant legal actions, including inter alia the right to request national customs authorities to take action in respect of goods which allegedly infringe the proprietor's rights, such as detention and destruction in accordance with Regulation (EU) No 608/2013 of the European Parliament and of the Council(11). [Am. 6]

(18b)  Article 28 of Regulation (EU) No 608/2013 provides that a right holder is to be liable in damages towards the holder of the goods where, inter alia, the goods in question are subsequently found not to infringe an intellectual property right. [Am. 7]

(18c)  Member States should take appropriate measures with a view to ensuring the smooth transit of generic medicines. A proprietor of a European Union trade mark should not have the right to prevent any third party from bringing goods, in the context of commercial activity, into the customs territory of a Member State based upon similarities, perceived or actual, between the international non-proprietary name (INN) for the active ingredient in the medicines and a registered trade mark. [Am. 8]

(19)  In order to more effectively prevent the entry of infringing counterfeit goods, particularly in the context of sales over the Internet internet delivered in small consignments as defined by Regulation (EU) No 608/2013, the proprietor of a validly registered European Union trade mark should be entitled to prohibit the importing of such goods into the Union, where it is only the consignor of the counterfeit goods who acts for commercial purposes in the course of trade. In cases where such measures are taken, Member States should ensure that the individuals or entities that had ordered the goods are informed of the reason for the measures as well as of their legal rights vis-a-vis the consignor. [Am. 9]

(20)  In order to enable proprietors of European Union trade marks to fight counterfeiting more effectively, they should be entitled to prohibit the affixing of an infringing mark to goods and preparatory acts prior to the affixing.

(21)  The exclusive rights conferred by a European Union trade mark should not entitle the proprietor to prohibit the use of signs or indications which are used fairly and in accordance with honest practices in industrial and commercial matters. In order to create equal conditions for trade names and trade marks in case of conflicts against the background that trade names are regularly granted unrestricted protection against later trade marks, such use should be considered to include the use of one’s own personal name only. It should further include the use of descriptive or non-distinctive signs or indications in general. Moreover, the proprietor should not be entitled to prevent the general fair and honest use of the European Union trade mark for identifying or referring to the goods or services as those of the proprietor.

(22)  In order to ensure legal certainty and safeguard trade mark rights legitimately acquired, it is appropriate and necessary to lay down, without affecting the principle that the later trade mark cannot be enforced against the earlier trade mark, that proprietors of European Union trade marks should not be entitled to oppose the use of a later trade mark when the later trade mark was acquired at a time when the earlier trade mark could not be enforced against the later trade mark. When carrying out checks, customs authorities should make use of the powers and procedures laid down in Union legislation regarding customs enforcement of intellectual property rights. [Am. 10]

(23)  For reasons of equity and legal certainty the use of a European Union trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it is registered should be sufficient to preserve the rights conferred regardless of whether the trade mark in the form as used is also registered.

(24)  Regulation (EC) No 207/2009 confers powers on the Commission in order to adopt rules implementing that Regulation. As a consequence of the entry into force of the Lisbon Treaty, the powers conferred upon the Commission under Regulation (EC) No 207/2009 need to be aligned to Article 290 of the Treaty on the Functioning of the European Union.

(25)  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 Council.

(26)  In order to ensure the efficient registration of legal acts concerning the European Union trade mark as object of property and ensure full transparency of the register of European Union trade marks, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying certain obligations of the applicant regarding specific trade marks, the details on the procedures for entering the transfer of European Union trade marks, the creation and transfer of a right in rem, the levy of execution, the involvement in an insolvency procedure and the grant or transfer of a licence in the Register and for cancelling or modifying relevant entries.

(27)  In view of the gradual decline and insignificant number of Community trade mark applications filed at the central intellectual property offices of the Member States ('the offices of the Member States'), it should be only allowed to file a European Union trade mark application at the Agency.

(28)  European Union trade mark protection is granted in relation to specific goods or services whose nature and number determine the extent of protection afforded to the trade mark owner. It is therefore essential to establish rules for the designation and classification of goods and services in Regulation (EC) No 207/2009 and to ensure legal certainty and sound administration by requiring that the goods and services for which trade mark protection is sought are identified by the applicant with sufficient clarity and precision to enable the competent authorities and economic operators, on the basis of the application alone, to determine the extent of the protection applied for. The use of general terms should be interpreted as including only all goods and services clearly covered by the literal meaning of the term. Proprietors of European Union trade marks, which because of the previous practice of the Agency are registered in respect of the entire heading of a class of the Nice Classification, should be given the possibility to adapt their specifications of goods and services in order to ensure that the content of the register meets the requisite standard of clarity and precision in accordance with the case law of the Court of Justice of the European Union.

(29)  In order to provide for an effective and efficient regime for the filing of European Union trade mark applications including priority and seniority claims, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the means and modalities of filing a European Union trade mark application, the details regarding the formal conditions of a European Union trade mark application, the content of that application, the type of application fee, as well as the details on the procedures for ascertaining reciprocity, claiming the priority of a previous application, an exhibition priority and the seniority of a national trade mark. [Am. 11]

(30)  The current regime of European Union trade mark and national searches is neither reliable nor efficient. It should therefore be replaced by the making available of all-encompassing, fast and powerful search engines for the free use of the public within the context of cooperation between the Agency and the offices of the Member States.

(31)  In order to ensure an effective, efficient and expeditious examination and registration of European Union trade mark applications by the Agency using procedures which are transparent, thorough, fair and equitable, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the details on the procedures related to the examination of compliance with the requirements on the filing date and with the formal conditions of an application, the procedures for verifying payment of class fees and the examination of absolute grounds for refusal, the details concerning the publication of the application, the procedures for correcting mistakes and errors in publications of applications, the details on the procedures related to third party observations, the details on the opposition procedure, the details on the procedures for filing and examining an opposition and those governing the amendment and division of the application, the particulars to be recorded in the Register when registering a European Union trade mark, the modalities of publication of the registration and the content and modalities of issue of a certificate of registration.

(32)  In order to allow European Union trade marks to be renewed in an effective and efficient manner and to safely apply the provisions on the alteration and the division of a European Union trade mark in practice without compromising legal certainty, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the modalities procedure for the renewal of a European Union trade mark and procedures governing the alteration and division of a European Union trade mark. [Am. 12]

(33)  In order to permit the proprietor of a European Union trade mark to easily surrender a European Union trade mark, while respecting the rights of third parties entered in the register in relation to that mark, and to ensure that a European Union trade mark can be revoked or declared invalid in an effective and efficient way by means of transparent, thorough, fair and equitable procedures, and to take into account the principles laid down in this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the procedure governing the surrender of a European Union trade mark as well as the procedures for revocation and invalidity.

(34)  In order to allow for an effective, efficient and complete review of decisions of the Agency by the Boards of Appeal by means of a transparent, thorough, fair and equitable procedure which takes into account the principles laid down in Regulation (EC) No 207/2009, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the details on the content of the notice of appeal, the procedure for the filing and examination of an appeal, the content and form of the Board of Appeal's decisions and the reimbursement of the appeal fees.

(35)  As a complement to the existing provisions on Community collective marks and to remedy the current imbalance between national systems and the European Union trade mark system, it is necessary to add a set of specific provisions for the purpose of providing protection to European certification marks which allow a certifying institution or organisation to permit adherents to the certification system to use the mark as a sign for goods or services complying with the certification requirements.

(35a)  In order to contribute to improving the performance of the entire registration system and to ensure that trade marks are not registered where there are absolute grounds for refusal, including, in particular, where the trade mark is descriptive or non-distinctive, or of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service, third parties should be able to submit to the central industrial property offices of the Member States written observations explaining which of the absolute grounds constitute an obstacle to registration. [Am. 13]

(36)  In order to allow for an effective and efficient use of European collective and certification marks, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the periods for submitting formal content of the regulations governing the use of those marks and the content thereof. [Am. 14]

(37)  The experience gained in the application of the current system of Community trade marks revealed the potential for improvement of certain aspects of procedure. Consequently, certain measures should be taken to simplify and speed up procedures where appropriate and to enhance legal certainty and predictability where required.

(38)  In order to ensure a smooth, effective and efficient operation of the European Union trade mark system, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the requirements as to the form of decisions, the details on oral proceedings and the modalities of taking of evidence, the modalities of notification, the procedure for the noting of loss of rights, the means of communication and the forms to be used by the parties to proceedings, the rules governing the calculation and duration of time limits, the procedures for the revocation of a decision or for cancellation of an entry in the Register and for the correction of obvious errors in decisions and errors attributable to the Agency, the modalities of the interruption of proceedings and the procedures concerning the apportionment and fixing of costs, the particulars to be entered in the Register, the details concerning the inspection and keeping of files, the modalities of publications in the European Union Trade Marks Bulletin and in the Official Journal of the Agency, the modalities of administrative cooperation between the Agency and the authorities of Member States, and the details on representation before the Agency. [Am. 15]

(39)  For reasons of legal certainty and greater transparency, it is appropriate to clearly define all the tasks of the Agency including those which are not related to the management of the Union trade mark system.

(40)  With the aim of promoting convergence of practices and of developing common tools, it is necessary to establish an appropriate framework for cooperation between the Agency and the offices of the Member States, clearly defining the key areas of cooperation and enabling the Agency to coordinate relevant common projects of Union interest and to finance, up to a maximum amount, those common projects by means of grants. Those cooperation activities should be beneficial for undertakings using trade mark systems in Europe the Union. For users of the Union regime laid down in this Regulation Regulation (EC) No 207/2009, the common projects, particularly the databases for search and consultation purposes, should provide, free of charge, additional, inclusive, and efficient and free of charge tools to comply with the specific requirements flowing from the unitary character of the European Union trade mark. However, it should not be mandatory for Member States to implement the results of such common projects. While it is important that all parties contribute to the success of common projects, not least by sharing best practices and experiences, a strict obligation requiring all Member States to implement the results of common projects, even where, for example, a Member State believes that it already has a better IT or similar tool in place, would be neither proportional nor in the best interests of users. [Am. 16]

(41)  Certain principles regarding the governance of the Agency should be adapted to the Common Approach on EU decentralised agencies adopted by the European Parliament, the Council and the Commission in July 2012.

(42)  In the interest of greater legal certainty and transparency, it is necessary to update some provisions concerning the organization and functioning of the Agency.

(43)  In the interest of sound financial management, the accumulation of significant budgetary surpluses should be avoided. This should be without prejudice to the Agency maintaining a financial reserve covering one year of its operational expenditure to ensure the continuity of its operations and the execution of its tasks.

(44)  In order to allow for an effective and efficient conversion of an application or registration of a European Union trade mark into a national trade mark application while ensuring a thorough examination of the relevant requirements, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the formal conditions with which a request for conversion must comply and the details of its examination and publication.

(44a)  The fees structure has been laid down by Commission Regulation (EC) No 2869/95(12). However, the fees structure is a central aspect of the functioning of the Union trade mark system, and has only been revised twice since its establishment, and only after significant political debate. The fees structure should therefore be directly regulated in Regulation (EC) No 207/2009. Regulation (EC) No 2869/95 should therefore be repealed and the provisions concerning the fees structure contained in Commission Regulation (EC) No 2868/95(13) should be deleted. [Am. 17]

(45)  In order to ensure an effective and efficient method to resolve of resolving disputes, to ensure consistency with the language regime laid down in Regulation (EC) No 207/2009, the expeditious delivery of decisions on in cases having a simple subject matter, and the effective and efficient organisation of the Boards of Appeal, and to guarantee an appropriate and realistic level of fees to be charged by the Agency, while complying with the budgetary principles set out in Regulation (EC) No 207/2009, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the details on concerning the languages to be used before the Agency, the cases where in which opposition and cancellation decisions should be taken by a single member, the details on concerning the organisation of the Boards of Appeal, the amounts of the fees to be paid to the Agency and details related relating to their the payment of fees. [Am. 18]

(46)  In order to ensure the effective and efficient registration of international trade marks in full consistency with the rules of the Protocol relating to the Madrid Agreement concerning the international registration of marks, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of specifying the details on the procedures concerning the international registration of trade marks.

(46a)  The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council(14) and delivered an opinion on 11 July 2013(15). [Am. 19]

(47)  Regulation (EC) No 207/2009 should therefore be amended accordingly.

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 207/2009 is amended as follows:

(1)  In the title, 'Community trade mark' is replaced by 'European Union trade mark';

(2)  Throughout the Regulation, the words 'Community trade mark' are replaced by 'European Union trade mark' and any necessary grammatical changes are made; [Am. 20 This amendment applies throughout the text]

(3)  Throughout the Regulation, the words ‘Community trade mark court’ are replaced by 'European Union trade mark court' and any necessary grammatical changes are made; [Am. 21 This amendment applies throughout the text]

(4)  Throughout the Regulation, the words 'Community collective mark' are replaced by 'European Union collective mark' and any necessary grammatical changes are made; [Am. 22 This amendment applies throughout the text]

(5)  Throughout the Regulation, except in the cases referred to in points (2), (3) and (4), the words 'Community', 'European Community' and 'European Communities' are replaced by ‘Union’ and any necessary grammatical changes are made;

(6)  Throughout the Regulation, the word 'Office', insofar as it refers to the Office for Harmonisation in the Internal Market (trade marks and designs) provided for in Article 2 of the Regulation, is replaced by 'Agency' and any necessary grammatical changes are made;

(7)  Throughout the Regulation, the word 'President' is replaced by 'Executive Director' and any necessary grammatical changes are made;

(8)  Article 2 is replaced by the following:"

'Article 2

Agency

1.  A European Union Trade Marks and Designs Intellectual Property Agency, hereinafter referred to as ‘the Agency’, is hereby established. [Am. 23 This amendment applies throughout the text]

2.  All references in Union law to the Office for Harmonisation in the Internal Market (trade marks and designs) shall be read as references to the Agency.';

"

(9)  Article 4 is replaced by the following:"

'Article 4

Signs of which a European Union trade mark may consist

A European Union trade mark may consist of any signs, in particular words, including personal names, designs, letters, numerals, colours as such, the shape of goods or of their packaging, or sounds, provided that generally available technology is used and such signs are capable of

   (a) distinguishing the goods or services of one undertaking from those of other undertakings; and
   (b) being represented in the Register of European Union trade marks in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor.'; [Am. 24]

"

(10)  Article 7 is amended as follows:

(a)  In paragraph 1, points (j) and (k) are replaced by the following:"

'(j) trade marks which are excluded from registration and shall not continue to be used pursuant to Union legislation or international agreements to which the Union is party, providing for protection of designations of origin and geographical indications;

   (k) trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of spirit drinks, traditional terms for wine and traditional specialities guaranteed;
   (l) trade marks which contain or consist of an earlier variety denomination registered in accordance with Council Regulation (EC) No 2100/94*; [Am. 25]

_____________

* Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights with respect to the same type of product (OJ L 227, 1.9.1994, p. 1).';

"

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

'2. Paragraph 1 shall apply notwithstanding that the grounds of non-registrability obtain:

   (a) in only part of the Union.
   (b) only where a trade mark in a foreign language or script is translated or transcribed in any script or official language of a Member State.'; [Am. 26]

"

(11)  Article 8 is amended as follows:

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

'3. Upon opposition by the proprietor of the trade mark, a trade mark shall not be registered:

   (a) where an agent or representative of the proprietor of the trade mark applies for registration thereof in his own name without the proprietor's authorisation, unless the agent or representative justifies his action; or [Am. 27]
   (b) where the trade mark is liable to be confused with an earlier trade mark protected outside the Union, provided that, at the date of the application, the earlier trade mark was still in genuine use and the applicant was acting in bad faith.';

"

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

'4. Upon opposition by the proprietor of a non-registered trade mark or of another sign used in the course of trade of more than mere local significance, the trade mark applied for shall not be registered where and to the extent that, pursuant to Union legislation providing for protection of designations of origin and geographical indications, or the law of the Member State governing that sign:'

"

(c)  paragraph 5 is replaced by the following:"

'5. Upon opposition by the proprietor of an earlier registered trade mark within the meaning of paragraph 2, the trade mark applied for shall not be registered where it is identical with, or similar to, an earlier trade mark irrespective of whether the goods or services for which it is applied are identical with, similar to or not similar to those for which the earlier trade mark is registered, where, in the case of an earlier European Union trade mark, the trade mark has a reputation in the Union or, in the case of an earlier national trade mark, the trade mark has a reputation in the Member State concerned, and where the use without due cause of the trade mark applied for would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark.';

"

(12)  Article 9 is replaced by the following:"

'Article 9

Rights conferred by a European Union trade mark

1.  The registration of a European Union trade mark shall confer on the proprietor exclusive rights.

2.  Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the European Union trade mark, the proprietor of a European Union trade mark shall be entitled to prevent all third parties not having his consent from using in the course of trade any sign in relation to goods or services where:

   (a) the sign is identical with the European Union trade mark and is used in relation to goods or services which are identical with those for which the European Union trade mark is registered, and where such use affects or is liable to affect the function of the European trade mark to guarantee to consumers the origin of the goods or services;
   (b) without prejudice to point (a), the sign is identical, or similar to, the European Union trade mark and is used for goods or services which are identical with or similar to the goods or services for which the European Union trade mark is registered, if there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association between the sign and the trade mark;
   (c) the sign is identical with, or similar to, the European Union trade mark irrespective of whether it is used in relation to goods or services which are identical with, similar to or not similar to those for which the European Union trade mark is registered, where the latter has a reputation in the Union and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the European Union trade mark.

3.  The following, in particular, may be prohibited under paragraph 2:

   (a) affixing the sign to the goods or to the packaging thereof;
   (b) offering the goods, putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder;
   (c) importing or exporting the goods under that sign;
   (d) using the sign as a trade or company name or part of a trade or company name;
   (e) using the sign on business papers and in advertising;
   (f) using the sign in comparative advertising in a way which is contrary to Directive 2006/114/EC of the European Parliament and of the Council*.

4.  The proprietor of a European Union trade mark shall also be entitled to prevent the importing into the Union of goods referred to in paragraph 3(c) delivered in small consignments as defined by Regulation (EU) No 608/2013 of the European Parliament and of the Council** where only the consignor of the goods acts for commercial purposes in the course of trade and where such goods, including packaging, bear without authorisation a trade mark which is identical to the European Union trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that European Union trade mark. In cases where such measures are taken Member States shall ensure that the individual or entity that ordered the goods is informed of the reason for the measures as well as of their legal rights vis-a-vis the consignor.

5.  Without prejudice to WTO rules, in particular Article V of the GATT on freedom of transit, the proprietor of a European Union trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Union without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorisation a trade mark which is identical to the European Union trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark. [Ams. 28 and 116]

___________________

* Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21)

** Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 28.6.2013, p. 15)';

"

(13)  The following Articles are inserted:"

'Article 9a

Infringement of the rights of the proprietor by use of get-up, packaging or other means

Where it is likely that the get-up, packaging or other means to which the mark is affixed will be used for goods or services and the use in relation to those goods or services would constitute an infringement of the rights of the proprietor under Article 9(2) and (3), the proprietor of a European Union trade mark shall have the right to prohibit the following:

   (a) affixing in the course of trade a sign identical with or similar to the European Union trade mark on get-up, packaging or other means on which the mark may be affixed;
   (b) offering or placing on the market, or stocking for those purposes, or importing or exporting get-up, packaging or other means on which the mark is affixed.

Article 9b

Date of prevailing of rights against third parties

1.  The rights conferred by a European Union trade mark shall prevail against third parties from the date of publication of the registration of the trade mark.

2.  Reasonable compensation may be claimed in respect of acts occurring after the date of publication of a European Union trade mark application, where those acts would, after publication of the registration of the trade mark, be prohibited by virtue of that publication.

3.  The court seized of a case may not decide upon the merits of the case until the registration has been published.';

"

(14)  Article 12 is replaced by the following:"

'Article 12

Limitation of the effects of a European Union trade mark

1.  A European Union trade mark shall not entitle the proprietor to prohibit a third party from using in the course of trade:

   (a) his own personal name or address;
   (b) signs or indications which are not distinctive or which concern the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of the goods or services;
   (c) the trade mark for the purpose of identifying or referring to goods or services as those of the proprietor of the trade mark, in particular, where the use of the trade mark:
   (i) is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts;
   (ii) is made in comparative advertising satisfying all conditions set forth in Directive 2006/114/EC;
   (ii) is made in comparative advertising satisfying all conditions set forth in Directive 2006/114/EC;
   (iii) is made to bring to the attention of consumers the resale of genuine goods that have originally been sold by or with the consent of the proprietor of the trade mark;
   (iv) is made to put forward a legitimate alternative to the goods or services of the proprietor of the trade mark;
   (v) is made for the purposes of parody, artistic expression, criticism or comment.

The first subparagraph This paragraph shall only apply where the use made by the third party is in accordance with honest practices in industrial or commercial matters.

2.  The use by a third party shall be considered not to be in accordance with honest practices, in particular in any of the following cases:

   (a) where it gives the impression that there is a commercial connection between the third party and the proprietor of the trade mark;
   (b) where it takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark without due cause.

2a.  The trade mark shall not entitle the proprietor to prohibit a third party from using the trade mark for a due cause for any non-commercial use of a mark.

2b.  The trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade, an earlier right which only applies in a particular locality if that right is recognised by the laws of the Member State in question and within the limits of the territory in which it is recognised. '; [Am. 29]

"

(15)  In Article 13(1), the words 'in the Community' are is replaced by 'in the European Economic Area'.; the following:"

'1. A European Union trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the European Economic Area under that trade mark by the proprietor or with his consent.'; [Am. 30]

"

(16)  The following Article is inserted:"

'Article 13a

Intervening right of the proprietor of a later registered trade mark as defence in infringement proceedings

1.  In infringement proceedings, the proprietor of a European Union trade mark shall not be entitled to prohibit the use of a later registered European Union trade mark where that later trade mark shall not be declared invalid pursuant to Articles 53(3) and (4), 54(1) and (2) and 57(2).

2.  In infringement proceedings, the proprietor of a European Union trade mark shall not be entitled to prohibit the use of a later registered national trade mark where that later registered national trade mark shall not be declared invalid pursuant to Articles 8, 9(1) and (2) and 48(3) of Directive [xxx].

3.  Where the proprietor of a European Union trade mark shall not be entitled to prohibit the use of a later registered trade mark pursuant to paragraphs 1 or 2, the proprietor of that later registered trade mark shall not be entitled to prohibit the use of that earlier European Union trade mark in infringement proceedings.';

"

(17)  In Article 15(1), the second subparagraph is replaced by the following:"

'The following shall also constitute use within the meaning of the first paragraph:

   (a) use of the European Union trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, regardless of whether or not the trade mark in the form as used is also registered;
   (b) affixing of the European Union trade mark to goods or to the packaging thereof in the Union solely for export purposes.';

"

(18)  In Article 16(1), the introductory phrase is replaced by the following:"

'1. Unless Articles 17 to 24 provide otherwise, a European Union trade mark as an object of property shall be dealt with in its entirety, and for the whole area of the Union, as a national trade mark registered in the Member State in which, according to the Register of European Union trade marks (hereinafter 'the Register'):';

"

(19)  In Article 17, paragraph 4 is deleted;

(20)  Article 18 is replaced by the following:"

'Article 18

Transfer of a trade mark registered in the name of an agent

1.  Where a European Union trade mark is registered in the name of the agent or representative of a person who is the proprietor of that trade mark, without the proprietor's authorisation, the latter shall be entitled to demand the assignment of the European Union trade mark in his favour, unless such agent or representative justifies his action.

2.  The proprietor may submit a request for assignment pursuant to paragraph 1 to the following:

   (a) the Agency, instead of an application for a declaration of invalidity based on Article 53(1)(b);
   (b) a European Union trade mark court as referred to in Article 95, instead of a counterclaim for a declaration of invalidity based on Article 100(1).';

"

(21)  Article 19 is amended as follows:

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

'2. On request of one of the parties, the rights referred to in paragraph 1 or the transfer of those rights shall be entered in the Register and published.';

"

(b)  the following paragraph is added:"

'3. An entry in the Register effected pursuant to paragraph 2 shall be cancelled or modified on request of one of the parties.';

"

(22)  In Article 20, the following paragraph is added:"

'4. An entry in the Register effected pursuant to paragraph 3 shall be cancelled or modified on request of one of the parties.';

"

(23)  In Article 22, the following paragraph is added:"

'6. An entry in the Register effected pursuant to paragraph 5 shall be cancelled or modified on request of one of the parties.';

"

(24)  In Title II, the following Section is inserted:"

'SECTION 5

Delegation of powers

Article 24a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying:

   (a) the obligation of the applicant to provide a translation or transcription as referred to in Article 7(2)(b) in the language of the application;
   (b) the procedure for entering a transfer as referred to in Article 17(5) in the Register;
   (c) the procedure for entering the creation or transfer of a right in rem as referred to in Article 19(2) in the Register;
   (d) the procedure for entering levy of execution as referred to in Article 20(3) in the Register;
   (e) the procedure for entering the involvement in an insolvency procedure as referred to in Article 21(3) in the Register;
   (f) the procedure for entering the grant or transfer of a license as referred to in Article 22(5) in the Register;
   (g) the procedure for cancelling or modifying the entry in the Register of a right in rem, levy of execution or a license, as referred to in Articles 19(3), 20(4) and 22(6) respectively.';

"

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

'Article 25

Filing of applications

An application for a European Union trade mark shall be filed at the Agency.';

"

(26)  Article 26 is amended as follows:

(a)  in paragraph 1, point (d) is replaced by the following:"

'(d) a representation of the mark which satisfies the requirements set out in Article 4(b).';

"

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

'2. The application for a European Union trade mark shall be subject to the payment of the application fee. The application fee shall consist of:

   (a) the basic fee;
   (b) the class fees for the classes exceeding one to which the goods or services belong in accordance with Article 28;
   (c) where applicable, the search fee referred to in Article 38(2).

The applicant shall give the order for payment of the application fee at the latest on the date on which he files his application.'; [Am. 31]

"

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

'3. In addition to the requirements referred to in paragraphs 1 and 2, an application for a European Union trade mark shall comply with the formal conditions established in accordance with Article 35a(b). If those conditions provide for the trade mark to be represented electronically, the Executive Director of the Agency may determine the formats and maximum size of such an electronic file.';

"

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

'Article 27

Date of filing

The date of filing of a European Union trade mark application shall be the date on which documents containing the information specified in Article 26(1) are filed with the Agency by the applicant, subject to the order for payment of the application fee for which the order for payment shall have been given at the latest on that date within a period of 21 days of filing the abovementioned documents.'; [Am. 32]

"

(28)  Article 28 is replaced by the following:"

'Article 28

Designation and classification of goods and services

1.  Goods and services in respect of which registration is applied for shall be classified in conformity with the system of classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957 (hereinafter referred to as the 'Nice Classification').

2.  The goods and services for which the protection of the trade mark is sought shall be identified by the applicant with sufficient clarity and precision to enable the competent authorities and economic operators, on that sole basis, to determine the extent of the protection sought. The list of goods and services shall allow each item to be classified in only one class of the Nice Classification.

3.  For the purposes of paragraph 2, the general indications included in the class headings of the Nice Classification or other general terms may be used, provided that they comply with the requisite standards of clarity and precision.

4.  The Agency shall reject the application in respect of indications or terms which are unclear or imprecise, if the applicant does not suggest an acceptable wording within a period set by the Agency to that effect.

5.  The use of general terms, including the general indications of the class headings of the Nice Classification, shall be interpreted as including all the goods or services clearly covered by the literal meaning of the indication or term. The use of such terms or indications shall not be interpreted as comprising a claim to goods or services which cannot be so understood.

6.  Where the applicant requests registration for more than one class, the applicant shall group the goods and services shall be grouped according to the classes of the Nice Classification, each group being preceded by the number of the class to which that group of goods or services belongs and presented shall present them in the order of the classes. [Am. 33]

7.  The classification of goods and services shall serve exclusively administrative purposes. Goods and services shall not be regarded as being similar to each other on the ground that they appear in the same class under the Nice Classification, and goods and services shall not be regarded as being dissimilar from each other on the ground that they appear in different classes under the Nice Classification.

8.  Proprietors of European Union trade marks applied for before 22 June 2012 which are registered solely in respect of the entire heading of a Nice class, may declare that their intention on the date of filing had been to seek protection in respect of goods or services beyond those covered by the literal meaning of the heading of that class, provided that the goods or services so designated are included in the alphabetical list for that class of the edition of the Nice classification in force at the date of filing. [Am. 34]

The declaration shall be filed at the Agency within 4 six months from the entry into force of this Regulation, and shall indicate, in a clear, precise and specific manner, the goods and services, other than those clearly covered by the literal meaning of the indications of the class heading, originally covered by the proprietor's intention. The Agency shall take appropriate measures to amend the Register accordingly. This possibility is without prejudice to the application of Articles Article 15, Article 42(2), point (a) of Article 51(1)(a) and Article 57(2). [Am. 35]

European Union trade marks for which no declaration is filed within the period referred to in the second subparagraph shall be deemed to extend, as from the expiry of that period, only to goods or services clearly covered by the literal meaning of the indications included in the heading of the relevant class.

8a.  Where the register is amended, the exclusive rights conferred by the European Union trade mark under Article 9 shall not prevent any third party from continuing to use a trade mark in relation to goods or services where and to the extent that:

   (a) the use of the trade mark for those goods or services commenced before the register was amended, and
   (b) the use of the trade mark in relation to those goods or services did not infringe the proprietor's rights based on the literal meaning of the record of the goods and services in the register at that time.

In addition, the amendment of the list of goods or services recorded in the register shall not give the proprietor of the European Union trade mark the right to oppose or to apply for a declaration of invalidity of a later trade mark where and to the extent that:

   (a) the later trade mark was either in use, or an application had been made to register the trade mark, for goods or services before the register was amended, and
   (b) the use of the trade mark in relation to those goods or services did not infringe, or would not have infringed, the proprietor's rights based on the literal meaning of the record of the goods and services in the register at that time. '; [Am. 36]

"

(29)  In Article 29(5), the following sentence is added:"

'If necessary, the Executive Director of the Agency shall request the Commission to consider enquiring enquire whether a State within the meaning of the first sentence accords that reciprocal treatment.'; [Am. 37]

"

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

'Article 30

Claiming priority

1.  Priority claims shall be filed together with the European Union trade mark application and shall include the date, number and country of the previous application. The applicant shall file a copy of the previous application within three months from the filing date. If the previous application is an application for a European Union trade mark, the Agency shall ex officio include a copy of the previous application in the file. [Am. 38]

2.  The Executive Director of the Agency may determine that additional information and documentation to be provided by the applicant in support of the priority claim may consist of less than is required under the rules adopted in accordance with Article 35a(d), provided that the information required is available to the Agency from other sources.';

"

(31)  Article 33 is amended as follows:

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

'The priority claim shall be filed together with the European Union trade mark application.';

"

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

'2. An applicant who wishes to claim priority pursuant to paragraph 1 shall file evidence of the display of goods or services under the mark applied for.';

"

(32)  In Article 34, paragraph 3 is replaced by the following:"

'3. The seniority claimed for the European Union trade mark shall lapse where the earlier trade mark the seniority of which is claimed is declared to be invalid or revoked. Where the earlier trade mark is revoked, the seniority shall lapse provided that the revocation takes effect prior to the filing date or priority date of the European Union trade mark.';

"

(33)  In Title III, the following Section is inserted:"

'SECTION 5

Delegation of powers

Article 35a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying:

   (a) the means and modalities of filing an application for a European Union trade mark with the Agency in accordance with Article 25;
   (b) the details regarding the formal content of the application for a European Union trade mark referred to in Article 26(1), the type of fees payable for the application referred to in Article 26(2), including the number of classes of goods and services covered by those fees, and the formal conditions of the application referred to in Article 26(3); [Am. 39]
   (c) the procedures for ascertaining reciprocity in accordance with Article 29(5);
   (d) the procedure and the rules on information and documentation for claiming the priority of a previous application in accordance with Article 30;
   (e) the procedure and the rules on evidence for claiming an exhibition priority in accordance with Article 33(1);
   (f) the procedure for claiming the seniority of a national trade mark in accordance with Article 34(1) and Article 35(1).';

"

(34)  In Article 36(1), point (b) is replaced by the following:"

'(b) the European Union trade mark application complies with the conditions laid down in this Regulation and with the formal conditions referred to in Article 26(3).';

"

(35)  In Article 37, paragraph 2 is deleted;

(36)  In Title IV, Section 2 is deleted;

(37)  Article 39 is amended as follows:

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

'1. If the conditions which the application for a European Union trade mark must satisfy have been fulfilled, the application shall be published for the purposes of Article 42 to the extent that it has not been refused pursuant to Article 37. The publication of the application shall be without prejudice to information already made available to the public otherwise in accordance with this Regulation or with delegated acts adopted pursuant to this Regulation.';

"

(b)  the following paragraph is added:"

'3. The Agency shall correct any mistakes or errors in the publication of the application.';

"

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

'Article 40

Observations by third parties

1.  Any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers may submit to the Agency written observations, explaining on which grounds under Articles 5 and 7, the trade mark shall not be registered ex officio.

They shall not be parties to the proceedings before the Agency.

2.  Third party observations shall be submitted before the end of the opposition period or, where an opposition against the trade mark has been filed, before the final decision on the opposition is taken.

3.  The submission referred to in paragraph 1 shall be without prejudice to the right of the Agency to re-open the examination of absolute grounds of its own initiative any time before registration, where appropriate.

4.  The observations referred to in paragraph 1 shall be communicated to the applicant who may comment on them.';

"

(39)  In Article 41, paragraph 3 is replaced by the following:"

'3. Opposition shall be expressed in writing, and shall specify the grounds on which it is made. It shall not be treated as duly entered until the opposition fee has been paid.

4.  Within a period fixed by the Agency, the opponent may submit facts, evidence and arguments in support of his case.';

"

(40)  In Article 42(2), first sentence, the phrase 'during the period of five years preceding the date of publication' is replaced by 'during the period of five years preceding the date of filing or the date of priority'; the following:"

'2. If the applicant so requests, the proprietor of an earlier European Union trade mark who has given notice of opposition shall furnish proof that, during the period of five years preceding the date of filing or the date of priority of the European Union trade mark application, the earlier European Union trade mark has been put to genuine use in the Union in connection with the goods or services in respect of which it is registered and which he cites as justification for his opposition, or that there are proper reasons for non-use, provided the earlier European Union trade mark has at that date been registered for not less than five years. In the absence of proof to this effect, the opposition shall be rejected. If the earlier European Union trade mark has been used in relation to part only of the goods or services for which it is registered it shall, for the purposes of the examination of the opposition, be deemed to be registered in respect only of that part of the goods or services'; [Am. 40]

"

(41)  Article 44 is amended as follows:

(a)  in paragraph 2, point (b) is replaced by the following:"

'(b) before the date of filing referred to in Article 27 has been accorded by the Agency and during the opposition period provided for in Article 41(1).';

"

(b)  paragraph 3 is deleted;

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

'Article 45

Registration

1.  Where an application meets the requirements of this Regulation and where no notice of opposition has been given within the period referred to in Article 41(1) or where opposition has been rejected by a final decision, the trade mark shall be registered as a European Union trade mark. The registration shall be published.

2.  The Agency shall issue a certificate of registration. The certificate may be issued by electronic means.

3.  The proprietor of a registered European Union trade mark shall have the right to use in connection with the goods and services covered by the registration a symbol right next to the trade mark attesting that the trade mark is registered in the Union only as long as the registration remains in force. The exact configuration of that symbol shall be decided by the Executive Director of the Agency.

4.  The registered trade mark symbol shall not be used by any person other than the proprietor of the mark, or without the proprietor's consent. The proprietor of the trade mark shall not use the trade mark symbol before the mark is registered or after the revocation, declaration of invalidity, expiry or surrender of the trade mark.';

"

(43)  In Title IV, the following Section is inserted:"

'SECTION 7

Delegation of powers

Article 45a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying:

   (a) the procedure for the examination of compliance with the requirements for a filing date referred to in Article 36(1)(a) and with the formal conditions referred to in Article 26(3) and the procedure for verifying payment of the class fees referred to in Article 36(1)(c);
   (b) the procedure for the examination of the absolute grounds for refusal as referred to in Article 37;
   (c) the details which the publication of the application referred to in Article 39(1) shall contain;
   (d) the procedure for correcting mistakes and errors in publications of European Union trade mark applications referred to in Article 39(3);
   (e) the procedure for the submission of observations by third parties referred to in Article 40;
   (f) the details on the procedure for filing and examining an opposition set out in Articles 41 and 42;
   (g) the procedures governing the amendment of the application pursuant to Article 43(2) and the division of the application pursuant to Article 44;
   (h) the particulars to be recorded in the Register when registering a European Union trade mark and the modalities of the publication of the registration referred to in Article 45(1), the content and the modalities of issue of the certificate of registration referred to in Article 45(2).';

"

(43a)  In Article 47, the following paragraph is inserted:"

'1a. The fee payable for the renewal of a European Union trade mark shall consist of:

   (a) a basic fee;
   (b) the class fees for the classes exceeding one in respect of which renewal is applied for; and
   (c) where applicable, the additional fee for late payment of the renewal fee or late submission of the request for renewal pursuant to paragraph 3'; [Am. 41]

"

(44)  In Article 49, paragraph 3 is deleted;

(45)  The following Article is inserted:"

'Article 49a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying:

   (a) the procedural modalities procedure for the renewal of the European Union trade mark pursuant to Article 47, including the type of fees to be paid; [Am. 42]
   (b) the procedure governing the alteration of the registration of a European Union trade mark provided for in Article 48(2);
   (c) the procedure governing the division of a European Union trade mark provided for in Article 49.';

"

(46)  In Article 50, paragraphs 2 and 3 are replaced by the following:"

'2. The surrender shall be declared to the Agency in writing by the proprietor of the trade mark. It shall not have effect until it has been entered in the Register. The validity of the surrender of a European Union trade mark which is declared to the Agency subsequent to the submission of an application for revocation or for a declaration of invalidity of that trade mark pursuant to Article 56(1) shall be conditional upon the final rejection or withdrawal of the application for revocation or for a declaration of invalidity. [Am. 43]

3.  Surrender shall be entered only with the agreement of the proprietor of a right entered in the Register. If a licence has been registered, surrender shall be entered in the Register only if the proprietor of the trade mark proves that he has informed the licensee of his intention to surrender; this entry shall be made on expiry of a period established in accordance with Article 57a(a) of three months after the date on which the proprietor of the trade mark satisfies the Agency that he has informed the licensee of his intention to surrender it.'; [Am. 44]

"

(47)  In Article 53(1), the following subparagraph is added:"

'The conditions referred to in points (a), (b) and (c) of the first subparagraph shall be fulfilled at the filing date or the priority date of the European Union trade mark.';

"

(48)  In Paragraphs 1 and 2 of Article 54(1) and (2), the words 'either' and 'or to oppose the use of the later trade mark' are deleted; replaced by the following:"

'1. Where the proprietor of a European Union trade mark has acquiesced, for a period of five successive years, in the use of a later European Union trade mark in the Union while being aware of such use, he shall no longer be entitled on the basis of the earlier trade mark [...] to apply for a declaration that the later trade mark is invalid [...] in respect of the goods or services for which the later trade mark has been used, unless registration of the later European Union trade mark was applied for in bad faith.

2.  Where the proprietor of an earlier national trade mark as referred to in Article 8(2) or of another earlier sign referred to in Article 8(4) has acquiesced, for a period of five successive years, in the use of a later European Union trade mark in the Member State in which the earlier trade mark or the other earlier sign is protected while being aware of such use, he shall no longer be entitled on the basis of the earlier trade mark or of the other earlier sign [...] to apply for a declaration that the later trade mark is invalid [...] in respect of the goods or services for which the later trade mark has been used, unless registration of the later European Union trade mark was applied for in bad faith.'; [Am. 45]

"

(49)  Article 56 is amended as follows:

(a)  in paragraph 1, point (c), 'under the law of the Member State concerned' is replaced by 'under Union law or the law of the Member State concerned';

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

'3. An application for revocation or for a declaration of invalidity shall be inadmissible where an application relating to the same subject matter and cause of action, and involving the same parties, has been adjudicated on its merits, either by the Agency or by a European Union trade mark court as referred to in Article 95 and the decision of the Agency or that court on that application has acquired the authority of a final decision.';

"

(50)  In Article 57(2), second sentence, 'was published' is replaced by 'was filed or at the priority date of the European trade mark application'; the following:"

'2. If the proprietor of the European Union trade mark so requests, the proprietor of an earlier European Union trade mark, being a party to the invalidity proceedings, shall furnish proof that, during the period of five years preceding the date of the application for a declaration of invalidity, the earlier European Union trade mark has been put to genuine use in the Union in connection with the goods or services in respect of which it is registered and which he cites as justification for his application, or that there are proper reasons for non-use, provided the earlier European Union trade mark has at that date been registered for not less than five years. If, at the date on which the European Union trade mark application was filed or at the priority date of the European Union trade mark application, the earlier European Union trade mark had been registered for not less than five years, the proprietor of the earlier European Union trade mark shall furnish proof that, in addition, the conditions contained in Article 42(2) were satisfied at that date. In the absence of proof to this effect the application for a declaration of invalidity shall be rejected. If the earlier European Union trade mark has been used in relation to part only of the goods or services for which it is registered, it shall, for the purpose of the examination of the application for a declaration of invalidity, be deemed to be registered in respect only of that part of the goods or services.'; [Am. 46]

"

(51)  In Title VI, the following Section is inserted:"

'SECTION 6

Delegation of powers

Article 57a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying:

   (a) the procedure governing the surrender of a European Union trade mark set out in Article 50, including the period referred to in paragraph 3 of that Article; [Am. 47]
   (b) the procedures governing the revocation and invalidity of a European Union trade mark referred to in Articles 56 and 57.';

"

(52)  Article 58(1) is replaced by the following:"

'1. An appeal shall lie from decisions of any of the decision-making instances of the Agency listed in Article 130 points (a) to (d). Both the appeal period provided for in Article 60 and the filing of the appeal shall have suspensive effect.';

"

(53)  Article 62 is deleted;

(54)  Article 64(3) is replaced by the following:"

'3. The decisions of the Boards of Appeal shall take effect only as from the date of expiry of the period referred to in Article 65(5) or, if an action has been brought before the General Court within that period, as from the date of dismissal of such action or of any appeal filed with the Court of Justice against the decision of the General Court.';

"

(55)  Article 65 is amended as follows:

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

'1. Actions may be brought before the General Court against decisions of the Boards of Appeal on appeals.';

"

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

'3. The General Court shall have jurisdiction to annul or to alter the contested decision.';

"

(c)  paragraphs 5 and 6 are replaced by the following:"

'5. The action shall be brought before the General Court within two months of the date of notification of the decision of the Board of Appeal.

6.  The Agency shall take the necessary measures to comply with the judgment of the General Court or, in case of appeal against that judgment, the Court of Justice.';

"

(56)  The following Article is inserted:"

'Article 65a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying:

   (a) the formal content of the notice of appeal referred to in Article 60 and the procedure for the filing and the examination of an appeal; [Am. 48]
   (b) the formal content and form of the Board of Appeal's decisions referred to in Article 64; [Am. 49]
   (c) the reimbursement of the appeal fees referred to in Article 60.'';

"

(57)  The title of Title VIII is replaced by the following:"

'SPECIFIC PROVISIONS ON EUROPEAN COLLECTIVE MARKS AND CERTIFICATION MARKS';

"

(58)  Between the title of Title VIII and Article 66, the following heading is inserted:"

'SECTION 1

European Union collective marks';

"

(59)  In Article 66, paragraph 3 is replaced by the following:"

'3. Titles I to VII and IX to XIV shall apply to European Union collective marks to the extent that this section does not provide otherwise.';

"

(60)  In Article 67(1), the words 'within the period prescribed' are is replaced by 'within the period prescribed in accordance with Article 74a'; the following:"

'1. An applicant for a European Union collective mark shall submit regulations governing its use within a period of two months after the date of filing.'; [Am. 50]

"

(61)  Article 69 is replaced by the following:"

'Article 69

Observations by third parties

Where written observations on a European Union collective mark are submitted to the Agency pursuant to Article 40, those observations may also be based on the particular grounds on which the application for a European Union collective mark shall be refused pursuant to Article 68.';

"

(61a)  Article 71(3) is replaced by the following:"

'3. Written observations in accordance with Article 69 may also be submitted with regard to amended regulations governing use.'; [Am. 51]

"

(62)  The following Article is inserted:"

'Article 74a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying the period referred to in Article 67(1) for submitting the regulations governing use of the European collective mark to the Agency and the formal content of those the regulations governing use of the European Union collective mark as set out in Article 67(2).'; [Am. 52]

"

(63)  In Title VIII, the following Section is added:"

'SECTION 2

European Certification Marks

Article 74b

European certification marks

1.  A European certification mark shall be a European Union trade mark which is described as such when the mark is applied for and is capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of geographical origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristic from goods and services which are not so certified.

2.  Any legal person, including institutions, authorities and bodies governed by public law, may apply for European certification marks provided that:

   (a) the legal person does not carry on a business involving the supply of goods or services of the kind certified;
   (b) the legal person is competent to certify the goods or services for which the mark is to be registered.

3.  By way of derogation from Article 7(1)(c), signs or indications which may serve, in trade, to designate the geographical origin of the goods or services may constitute European certification marks within the meaning of paragraph 1. A certification mark shall not entitle the proprietor to prohibit a third party from using in the course of trade such signs or indications, provided the third party uses them in accordance with honest practices in industrial or commercial matters. A certification mark may not be invoked against a third party who is entitled to use a geographical name.

4.  Titles I to VII and IX to XIV shall apply to European certification marks to the extent that this Section does not provide otherwise.’

"

Article 74c

Regulations governing use of the mark

1.  An applicant for a European certification mark shall submit regulations governing the use of the certification mark within the a period prescribed in accordance with Article 74k of two months after the date of filing. [Am. 53]

2.  The regulations governing use shall specify the persons authorised to use the mark, the characteristics to be certified by the mark, how the certifying body is to test those characteristics and to supervise the use of the mark as well as the conditions of use of the mark, including sanctions.

Article 74d

Refusal of the application

1.  In addition to the grounds for refusal of a European Union trade mark application provided for in Articles 36 and 37, an application for a European certification mark shall be refused where Articles 74b and 74c are not satisfied, or where the regulations governing use are contrary to public policy or to accepted principles of morality.

2.  An application for a European certification mark shall also be refused if the public is liable to be misled as regards the character or the significance of the mark, in particular if it is likely to be taken to be something other than a certification mark.

3.  An application shall not be refused if the applicant, as a result of an amendment of the regulations governing use, meets the requirements of paragraphs 1 and 2.

Article 74e

Observations by third parties

Where written observations on a European certification mark are submitted to the Agency pursuant to Article 40, those observations may also be based on the particular grounds on which the application for a European certification mark shall be refused pursuant to Article 74d.

Article 74f

Amendment of the regulations governing use of the mark

1.  The proprietor of a European certification mark shall submit to the Agency any amended regulations governing use.

2.  The amendment shall not be mentioned in the Register where the amended regulations do not satisfy the requirements of Article 74c or involve one of the grounds for refusal referred to in Article 74d.

3.  Written observations in accordance with Article 74e shall apply may also be submitted with regard to amended regulations governing use. [Am. 54]

4.  For the purposes of this Regulation, amendments to the regulations governing use shall take effect only from the date of entry of the mention of the amendment in the Register.

Article 74g

Transfer

By way of derogation from Article 17(1), a European certification mark may only be transferred to a legal person which meets the requirements of Article 74b(2).

Article 74h

Persons who are entitled to bring an action for infringement

1.  Only the proprietor of a European certification mark or any person specifically authorised by him to that effect shall be entitled to bring an action for infringement.

2.  The proprietor of a European certification mark shall be entitled to claim compensation on behalf of persons who have authority to use the mark where they have sustained damage in consequence of unauthorised use of the mark.

Article 74i

Grounds for revocation

In addition to the grounds for revocation provided for in Article 51, the rights of the proprietor of a European certification mark shall be revoked on application to the Agency or on the basis of a counterclaim in infringement proceedings, where any of the following conditions is fulfilled:

(a)  the proprietor no longer meets the requirements of Article 74b(2);

(b)  the proprietor does not take reasonable steps to prevent the mark being used in a manner incompatible with the conditions of use laid down in the regulations governing use, amendments to which have, where appropriate, been mentioned in the Register;

(c)  the manner in which the mark has been used by the proprietor has caused it to become liable to mislead the public in the manner referred to in Article 74d(2);

(d)  an amendment to the regulations governing use of the mark has been mentioned in the Register in breach of Article 74f(2), unless the proprietor of the mark, by further amending the regulations governing use, complies with the requirements of that Article.

Article 74j

Grounds for invalidity

In addition to the grounds for invalidity provided for in Articles 52 and 53, a European certification mark which is registered in breach of Article 74d shall be declared invalid on application to the Agency or on the basis of a counterclaim in infringement proceedings, unless the proprietor of the mark, by amending the regulations governing use, complies with the requirements of Article 74d.

Article 74k

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying the period referred to in Article 74c(1) for submitting the regulations governing use of the European certification mark to the Agency and the formal content of those the regulations governing use of the European certification mark as set out in Article 74c(2).'; [Am. 55]

(64)  Article 75 is replaced by the following:"

'Article 75

Form of decisions and communications of the Agency

1.  Decisions of the Agency shall state the reasons on which they are based. They shall be based only on reasons or evidence on which the parties concerned have had an opportunity to present their comments.

2.  Any decision, communication or notice from the Agency shall indicate the department or division of the Agency as well as the name or the names of the official or officials responsible. They shall be signed by the official or officials, or, instead of a signature, carry a printed or stamped seal of the Agency. The Executive Director may determine that other means of identifying the department or division of the Agency and the name of the official or officials responsible or an identification other than a seal may be used where decisions, communications or notices from the Agency are transmitted by telecopier or any other technical means of communication.';

"

(65)  In Article 76(1), the following sentence is added:"

'In invalidity proceedings pursuant to Article 52, the Agency shall limit its examination to the grounds and arguments provided by the parties.';

"

(66)  In Article 78, the following paragraph is added:"

'5. The Executive Director of the Agency shall determine the amounts of expenses, to be paid, including advances, as regards the costs of taking of evidence referred to in Article 93a(b).';

"

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

'Article 79

Notification

1.  The Agency shall, as a matter of course, notify those concerned of decisions and summonses and of any notice or other communication from which a time limit is reckoned, or of which those concerned must be notified under other provisions of this Regulation or of delegated acts adopted pursuant to this Regulation, or of which notification has been ordered by the Executive Director of the Agency.

2.  The Executive Director may determine which documents other than decisions subject to a time limit for appeal and summonses shall be notified by registered letter with advice of delivery.

3.  Notification may be effected by electronic means, the details of which shall be determined by the Executive Director.

4.  Where notification shall be effected by public notice, the Executive Director shall determine how the public notice is to be given and shall fix the beginning of the one month period on the expiry of which the document shall be deemed to have been notified.';

"

(68)  The following Articles are inserted:"

'Article 79a

Noting of loss of rights

Where the Agency finds that the loss of any rights results from this Regulation or delegated acts adopted pursuant to this Regulation without any decision having been taken, it shall communicate this to the person concerned in accordance with Article 79. The latter may apply for a decision on the matter. The Agency shall adopt such a decision where it disagrees with the person requesting it; otherwise the Agency shall amend its finding and inform the person requesting the decision.

Article 79b

Communications to the Agency

Communications addressed to the Agency may be effected by electronic means. The Executive Director shall determine the extent and the technical conditions under which those communications may be submitted electronically.

Article 79c

Time limits

1.  The calculation and duration of Time limits shall be subject to the rules adopted in accordance with Article 93a(f) laid down in periods of full years, months, weeks or days. Calculation shall start on the day following the day on which the relevant event occurred. [Am. 56]

2.  The Executive Director of the Agency shall determine before the commencement of each calendar year the days on which the Agency is not open for receipt of documents or on which ordinary mail is not delivered in the locality in which the Agency is located.

3.  The Executive Director shall determine the duration of the period of interruption in case of a general interruption in the delivery of mail in the Member State where the Agency is located or in case of an actual interruption of the Agency’s connection to admitted electronic means of communication.

4.  If an exceptional occurrence such as a natural disaster or strike interrupts or dislocates proper communication from the parties to the proceedings to the Agency or vice-versa, the Executive Director may determine that for parties of the proceedings having their residence or registered office in the State concerned or who have appointed a representative with a place of business in the State concerned, all time limits that otherwise would expire on or after the date of commencement of such occurrence, as determined by him, shall extend until a date to be determined by him. When determining that date, he shall assess when the exceptional occurrence comes to an end. If the occurrence affects the seat of the Agency, such determination of the Executive Director shall specify that it applies in respect of all parties to the proceedings.

Article 79d

Correction of errors and manifest oversights

The Agency shall correct any linguistic errors or errors of transcription and manifest oversights in the Agency's decisions or technical errors attributable to the Agency in registering the trade mark or in publishing its registration. The Agency shall keep records of any such corrections.'; [Am. 57]

"

(69)  Article 80 is amended as follows:

(a)  in paragraph 1, first sentence, the phrase 'decision which contains an obvious procedural error' is replaced by 'decision which contains an obvious error'; the following:"

'1. Where the Agency has made an entry in the Register or taken a decision which contains an obvious [...] error attributable to the Agency, it shall ensure that the entry is cancelled or the decision is revoked. Where there is only one party to the proceedings and the entry or the act affects its rights, cancellation or revocation shall be determined even if the error was not evident to the party.'; [Am. 58]

"

(b)  in paragraph 2, the second sentence is replaced by the following:"

'2. Cancellation or revocation as referred to in paragraph 1 shall be determined, ex officio or at the request of one of the parties to the proceedings, by the department which made the entry or took the decision. The cancellation of the entry in the Register or the revocation of the decision shall be effected within one year from the date on which the entry was made in the Register or that decision was taken, after consultation with the parties to the proceedings and any proprietor of rights to the European Union trade mark in question that are entered in the Register. The Agency shall keep records of any such cancellation or revocation.'; [Am. 59]

"

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

'3. This Article shall be without prejudice to the right of the parties to submit an appeal under Articles 58 and 65, or to the possibility of correcting errors and manifest oversights under Article 79d. Where an appeal has been filed against an Agency's decision containing an error, the appeal proceedings shall become devoid of purpose upon revocation by the Agency of its decision pursuant to paragraph 1 of this Article.';

"

(70)  Article 82 is amended as follows:

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

'2. This Article shall not apply to the time limits laid down in Article 29(1), Article 33(1), Article 36(2), Article 41(1) and (3), Article 47(3), Article 60, Article 65(5), Article 81, Article 112, or to the time limits laid down in paragraph 1 of this Article or the time limit for claiming seniority pursuant to Article 34 after the application has been filed.';

"

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

'4. If the Agency accepts the application, the consequences of having failed to observe the time limit shall be deemed not to have occurred. If a decision has been taken between the expiry of the unobserved time limit and the request for continuation of proceedings, the department competent to decide on the omitted act shall review the decision and, where completion of the omitted act itself is sufficient, take a different decision. If the original decision is not to be altered, it shall be confirmed in writing.';

"

(71)  The following Article is inserted:"

'Article 82a

Interruption of proceedings

1.  When interrupting or resuming proceedings, before the Agency shall comply with the modalities set out in accordance with Article 93a(i).'; shall be interrupted:

   (a) in the event of the death or legal incapacity of the applicant for or proprietor of a European Union trade mark or of the person authorised by national law to act on his behalf. To the extent that the above events do not affect the authorisation of a representative appointed under Article 93, proceedings shall be interrupted only on application by such representative;
   (b) in the event of the applicant for or proprietor of a European Union trade mark being prevented for legal reasons resulting from action taken against his property from continuing the proceedings before the Agency;
   (c) in the event of the death or legal incapacity of the representative of an applicant for or proprietor of a European Union trade mark or of his being prevented for legal reasons resulting from action taken against his property from continuing the proceedings before the Agency.

2.  When, in the cases referred to in points (a) and (b) of paragraph 1, the Agency has been informed of the identity of the person authorised to continue the proceedings before the Agency, the Agency shall inform that person and any interested third parties that the proceedings will be resumed as from a date to be fixed by the Agency.

3.  In the case referred to in point (c) of paragraph 1, the proceedings shall be resumed when the Agency has been informed of the appointment of a new representative of the applicant or when the Agency has notified to the other parties the appointment of a new representative of the proprietor of the European Union trade mark. If, three months after the beginning of the interruption of the proceedings, the Agency has not been informed of the appointment of a new representative, it shall inform the applicant for or proprietor of the European Union trade mark:

   (a) where Article 92(2) is applicable, that the European Union trade mark application will be deemed to be withdrawn if the information is not submitted within two months after this notification; or
   (b) where Article 92(2) is not applicable, that the proceedings will be resumed with the applicant for or proprietor of the European Union trade mark as from the date of this notification.

4.  The time limits, other than the time limit for paying the renewal fees, in force as regards the applicant for or proprietor of the European Union trade mark at the date of interruption of the proceedings, shall begin again as from the day on which the proceedings are resumed. '; [Am. 60]

"

(72)  Article 83 is replaced by the following:"

'Article 83

Reference to general principles

In the absence of procedural provisions in this Regulation or in delegated acts adopted pursuant to this Regulation, the Agency shall take into account the principles of procedural law generally recognised in the Member States.';

"

(73)  In Article 85(1), the words 'under the conditions laid down in the Implementing Regulation' are is replaced by 'under the conditions laid down in accordance with Article 93a(j).'; the following:"

'1. The losing party in opposition proceedings, proceedings for revocation, proceedings for a declaration of invalidity or appeal proceedings shall bear the fees incurred by the other party as well as all costs, without prejudice to Article 119(6), incurred by him essential to the proceedings, including travel and subsistence and the remuneration of an agent, adviser or advocate, within the limits of the scales set for each category of costs [...].'; [Am. 61]

"

(74)  In Article 86(2), the second sentence is replaced by the following:"

'Each Member State shall designate a single authority responsible for verifying the authenticity of the decision and shall communicate its contact details to the Agency, the Court of Justice and the Commission. The order for the enforcement of the decision shall be appended to the decision by that authority, without other formality than verification of the authenticity of the decision.';

"

(75)  Article 87 is replaced by the following:"

'Article 87

Register of European Union trade marks

1.  The Agency shall keep a Register, which shall contain those particulars the registration or inclusion of which is provided for by this Regulation or by a delegated act adopted pursuant to this Regulation. The Agency of European Union trade marks and shall keep the that Register up to date. [Am. 62]

2.  The Register shall be open to public inspection. It may be kept electronically.

3.  The Agency shall maintain an electronic database containing the particulars of applications for registration of European Union trade marks and the entries made in the Register. The contents of that database may be made available to the public. The Executive Director shall determine the conditions of access to the database and the manner in which the contents of this database may be made available in machine-readable form, including the corresponding charges.';

"

(76)  Article 88 is amended as follows:

(a)  the title 'Inspection of files' is replaced by 'Inspection and keeping of files';

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

'4. Where the files are inspected pursuant to paragraphs 2 or 3, certain documents in the file may be withheld from inspection. The Executive Director shall determine the means of inspection.

5.  The Agency shall keep the files of any procedure relating to a European Union trade mark application or European Union trade mark registration. The Executive Director shall determine the form in which those files shall be kept. Where the files are kept in electronic format, the original documents forming the basis of such electronic files shall be disposed of after a period following their reception by the Agency, which shall be determined by the Executive Director.';

"

(77)  Article 89 is replaced by the following:"

'Article 89

Periodical publications

1.  The Agency shall periodically publish:

   (a) a European Union Trade Marks Bulletin containing entries made in the Register as well as other particulars the publication of which is prescribed by this Regulation or by delegated acts adopted in accordance with this Regulation; [Am. 63]
   (b) an Official Journal containing notices and information of a general character issued by the Executive Director of the Agency, as well as any other information relevant to this Regulation or its implementation.

The publications referred to in points (a) and (b) may be effected by electronic means.

2.  The European Union Trade Marks Bulletin shall be published in the manner and frequency determined by the Executive Director.

3.  The Executive Director may determine that certain items shall be published in the Official Journal in all the official languages of the Union.';

"

(78)  Article 92 is amended as follows:

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

'2. Without prejudice to paragraph 3, second sentence, natural or legal persons not having either their domicile or their principal place of business or a real and effective industrial or commercial establishment in the Union shall be represented before the Agency in accordance with Article 93(1) in all proceedings provided for by this Regulation, other than in filing an application for a European Union trade mark.

By way of derogation from the first subparagraph, the natural or legal persons referred to in that subparagraph need not be represented before the Agency in the cases provided for in accordance with Article 93a(p).'; [Am. 64]

"

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

'4. Where the conditions established in accordance with Article 93a(p) are fulfilled, a common representative shall be appointed.'; [Am. 65]

"

(79)  Article 93 is amended as follows:

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

'1. Representation of natural or legal persons before the Agency may only be undertaken by:

   (a) any legal practitioner qualified in a Member State and having his place of business within the Union, to the extent that he is entitled, within the said State, to act as a representative in trade mark matters;
   (b) professional representatives whose names appear on the list maintained for this purpose by the Agency.

Representatives acting before the Agency shall, on request by the Agency, file with it a signed authorisation for insertion on the files.';

"

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

'4. The Executive Director of the Agency may grant exemption from:

   (a) the requirement of paragraph 2(c), second sentence, if the applicant furnishes proof that he has acquired the requisite qualification in another way;
   (b) the requirement of paragraph 2(a) in case of highly qualified professionals, provided that the requirements of paragraphs 2(b) and (c) are fulfilled.';

"

(c)  paragraph 5 is replaced by the following:"

'5. A person may be removed from the list of professional representatives under the conditions established in accordance with Article 93a(p).'; [Am. 66]

"

(80)  In Title IX, the following Section is inserted:"

'SECTION 5

Conferral of powers

Article 93a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying:

   (a) the requirements concerning the form of the decisions referred to in Article 75;
   (b) the modalities of oral proceedings and of the taking of evidence referred to in Articles 77 and 78;
   (c) the modalities of the notification referred to in Article 79;
   (d) the procedure for the noting of loss of rights referred to in Article 79a;
   (e) the rules on the means of communication, including the electronic means of communication referred to in Article 79b, to be used by the parties to proceedings before the Agency and the forms to be made available by the Agency;
   (f) the rules governing the calculation and duration of the time limits referred to in Article 79c(1);
   (g) the procedure for the correction of linguistic errors or errors of transcription and manifest oversights in the Agency's decisions and technical errors attributable to the Agency in registering the trade mark or in publishing its registration as referred to in Article 79d;
   (h) the procedure for the revocation of a decision or for the cancellation of an entry in the Register as referred to in Article 80(1);
   (i) the modalities of the interruption and resumption of proceedings before the Agency as referred to in Article 82a;
   (j) the procedures concerning the apportionment and fixing of costs, as referred to in Article 85(1); [Am. 67]
   (k) the particulars to be entered in the Register referred to in Article 87(1); [Am. 68]
   (l) the procedure for the inspection of files provided for in Article 88, including the parts of the file excluded from inspection, and the modalities of the keeping of files of the Agency provided for in Article 88(5); [Am. 69]
   (m) the modalities of publication of the particulars and entries referred to in Article 89(1)(a) in the European Union Trade Marks Bulletin, including the type of information, and the languages in which those particulars and entries are to be published;
   (n) the frequency, form and languages in which publications of the Official Journal of the Agency referred to in Article 89(1)(b) shall be made;
   (o) the modalities of the exchange of information and communications between the Agency and the authorities of the Member States and of the inspection of files by or via courts or authorities of the Member States pursuant to Article 90;
   (p) derogations from the obligation to be represented before the Agency pursuant to Article 92(2), the conditions under which a common representative shall be appointed pursuant to Article 92(4), the conditions under which employees referred to in Article 92(3) and professional representatives referred to in Article 93(1) must file with the Agency a signed authorisation in order to be able to undertake representation, the content of that authorisation, and the conditions under which a person may be removed from the list of professional representatives referred to in Article 93(5).'; [Am. 70]

"

(81)  In Title X, the title of Section 1 is replaced by the following:"

'Application of the Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters';

"

(82)  Article 94 is amended as follows:

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

'Application of the Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters';

"

(b)  in paragraph 1, 'Regulation (EC) No 44/2001' is replaced by 'the Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters'; the following:"

'1. Unless otherwise specified in this Regulation, the Union rules on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters shall apply to proceedings relating to European Union trade marks and applications for European Union trade marks, as well as to proceedings relating to simultaneous and successive actions on the basis of European Union trade marks and national trade marks.'; [Am. 71]

"

(c)  the following paragraph is added:"

'3. References in this Regulation to Regulation (EC) No 44/2001 shall include, where appropriate, the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters done on 19 October 2005.';

"

(83)  In Article 96(c), 'Article 9(3), second sentence' is replaced by 'Article 9b(2)';

(84)  In Article 99, paragraph 3 is replaced by the following:"

'3. In the actions referred to in Article 96(a) and (c), a plea relating to revocation or invalidity of the European Union trade mark submitted otherwise than by way of a counterclaim shall be admissible in so far as the defendant claims that the rights of the proprietor of the European Union trade mark could be revoked for lack of genuine use at the time the infringement action was brought.';

"

(85)  Article 100 is amended as follows:

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

'4. The European Union trade mark court with which a counterclaim for revocation or for a declaration of invalidity of the European Union trade mark has been filed shall not proceed with the examination of the counterclaim, until either the interested party or the court have informed the Agency of the date on which the counterclaim was filed. The Agency shall record that information in the Register. If an application for revocation or for a declaration of invalidity of the European Union trade mark is pending before the Agency, the court shall be informed thereof by the Agency and stay the proceedings until the decision on the application is final or the application is withdrawn.';

"

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

'6. Where a European Union trade mark court has given a judgment which has become final on a counterclaim for revocation or for invalidity of a European Union trade mark, a copy of the judgment shall be sent to the Agency without delay, either by the court or by any of the parties to the national proceedings. The Agency or any other interested party may request information about such transmission. The Agency shall mention the judgment in the Register and shall take the necessary measures to comply with its operative part.';

"

(86)  In Article 102, paragraph 2 is replaced by the following:"

'2. The European Union trade mark court may also apply measures or orders available under the applicable law which it deems appropriate under the circumstances of the case.';

"

(87)  Article 108 is deleted;

(88)  In Article 113(3), the phrase 'together with the formal conditions laid down in the Implementing Regulation' is replaced by 'together with the formal conditions laid down in accordance with Article 114a'; the following:"

'3. The Agency shall check whether the conversion requested fulfils the conditions set out in this Regulation, in particular Article 112(1), (2), (4), (5) and (6), and paragraph 1 of this Article, together with the formal conditions laid down in accordance with Article 114a. If these conditions are fulfilled, the Agency shall transmit the request for conversion to the industrial property offices of the Member States specified therein.'; [Am. 72]

"

(89)  In Article 114(2), the words 'the Implementing Regulation' are is replaced by 'delegated acts adopted in accordance with this Regulation'; the following:"

'2. A European Union trade mark application or a European Union trade mark transmitted in accordance with Article 113 shall not be subjected to formal requirements of national law which are different from or additional to those provided for in this Regulation or in delegated acts adopted pursuant to this Regulation.'; [Am. 73]

"

(90)  The following Article is inserted:"

'Article 114a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying the formal conditions with which a request for conversion of a European Union trade mark application must comply, the details of its examination, and those concerning its publication.';

"

(91)  In Article 116, paragraph 2 is replaced by the following:"

'2. Without prejudice to paragraph 1, the Agency may make use of seconded national experts or other staff not employed by the Agency. The Management Board shall adopt a decision laying down rules on the secondment to the Agency of national experts.';

"

(92)  In Article 117, the words 'to the Office' are is replaced by 'to the Agency and its staff'; the following:"

'The Protocol on the Privileges and Immunities of the European Union shall apply to the Agency and its staff.'; [Am. 74]

"

(93)  Article 119 is amended as follows:

(a)  in paragraph 6, second subparagraph, the second sentence is replaced by the following:"

'The translation shall be produced within the period prescribed in accordance with Article 144a(b).';

"

(b)  the following paragraph is added:"

'8. The Executive Director shall determine the manner in which translations shall be certified.';

"

(94)  In Article 120(1), the words 'the Implementing Regulation' are is replaced by 'a delegated act adopted pursuant to this Regulation'; the following:"

'1. An application for a European Union trade mark, as described in Article 26(1), and all other information the publication of which is prescribed by this Regulation or by a delegated act adopted pursuant to this Regulation, shall be published in all the official languages of the European Union.'; [Am. 75]

"

(95)  Article 122 is deleted;

(96)  Article 123 is replaced by the following:"

'Article 123

Transparency

1.  Regulation (EC) No 1049/2001 of the European Parliament and of the Council* shall apply to documents held by the Agency.

2.  The Management Board shall adopt the detailed rules for applying Regulation (EC) No 1049/2001.

3.  Decisions taken by the Agency under Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the Ombudsman or of an action before the Court of Justice of the European Union, under the conditions laid down in Articles 228 and 263 of the Treaty respectively.

4.  The processing of personal data by the Agency shall be subject to Regulation (EC) No 45/2001 of the European Parliament and of the Council**.

___________________

* Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

** 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.';

"

(97)  The following Article is inserted:"

'Article 123a

Security rules on the protection of classified and sensitive non-classified information

The Agency shall apply the security principles contained in the Commission's security rules for protecting European Union Classified Information (EUCI) and sensitive non-classified information, as set out in the annex to Commission Decision 2001/844/EC, ECSC, Euratom*. Applying the security principles shall cover, inter alia, provisions for the exchange, processing and storage of such information.

_____________________

* Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal Rules of Procedure (OJ L 317, 3.12.2001, p. 1.)';

"

(98)  In Title XII, the following Section is inserted:"

'SECTION 1a

Tasks of the Agency and cooperation to promote convergence

Article 123b

Tasks of the Agency

1.  The Agency shall have the following tasks:

   (a) administration and promotion of the European Union trade mark system established in this Regulation;
   (b) administration and promotion of the European design system established in Council Regulation (EC) No 6/2002*;
   (c) promoting convergence of practices and tools in the fields of trade marks and designs in cooperation with the central industrial property offices in the Member States, including the Benelux Intellectual Property Office;
   (d) the tasks referred to in Regulation (EU) No 386/2012 of the European Parliament and of the Council**;
   (da) the tasks conferred on it by Directive 2012/28/EU of the European Parliament and of the Council ***. [Am. 76]

2.  The Agency shall cooperate with institutions, authorities, bodies, industrial property offices, international and non-governmental organisations in relation to the tasks laid down in paragraph 1.

3.  The Agency may provide voluntary mediation and arbitration services for the purpose of assisting parties in reaching an amicable settlement. [Am. 77]

Article 123c

Cooperation to promote convergence of practices and tools

1.  The Agency and the industrial property offices of the Member States and the Benelux Office for Intellectual Property shall cooperate with each other to promote convergence of practices and tools in the field of trade marks and designs.

This cooperation shall cover, inter alia, the following areas of activity: [Am. 78]

   (a) the development of common examination standards;
   (b) the creation of common or connected databases and portals for Union-wide consultation, search and classification purposes;
   (c) the continuous provision and exchange of data and information, including the feeding of the databases and portals referred to in point (b);
   (d) the establishment of common standards and practices, with a view to ensuring interoperability between procedures and systems throughout the Union and enhancing their consistency, efficiency and effectiveness;
   (e) the sharing of information on industrial property rights and procedures, including mutual support to helpdesks and information centres;
   (f) the exchange of technical expertise and assistance in relation to the areas laid down in points (a) to (e).

2.  The Agency shall define, elaborate and coordinate common projects of Union interest to the Union and Member States with regard to the areas referred to in paragraph 1. The project definition shall contain set out the specific obligations and responsibilities of each participating industrial property office of the Member States and the Benelux Office for Intellectual Property. Throughout all phases of the common projects, the Agency shall consult with users' representatives. [Am. 79]

3.  The industrial property offices of the Member States and the Benelux Office for Intellectual Property shall participate effectively in the common projects referred to in paragraph 2 with a view to ensuring their development, functioning, interoperability, and keeping up to date.

Nevertheless, if the outcome of those projects leads to the development of instruments that a Member State considers, by way of a substantiated decision, to be equivalent to instruments which already exist in that Member State, the participation in the cooperation project shall not give rise to an obligation to implement the outcome in that Member State. [Am. 80]

4.  The Agency shall provide financial support to the common projects of interest to the Union interest and Member States referred to in paragraph 2 to the extent that this is necessary in order to ensure the effective participation of the industrial property offices of the Member States and the Benelux Office for Intellectual Property in the projects within the meaning of paragraph 3. That financial support may take the form of grants. The total amount of funding shall not exceed 10% 20 %of the yearly income of the Agency and shall cover the minimum amount for every Member State for purposes closely related to the participation in common projects. The beneficiaries of grants shall be the industrial property offices of the Member States and the Benelux Office for Intellectual Property. Grants may be awarded without calls for proposals in accordance with the financial rules applicable to the Agency and with the principles of grant procedures contained in the Financial Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council **** and in the Commission delegated Delegated Regulation (EU) No 1268/2012 *****. [Am. 81]

__________________________

* Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ L 3, 5.1.2002, p. 1).

** Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 April 2012 on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights (OJ L 129, 16.5.2012, p. 1).

*** Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (OJ L 299, 27.10.2012, p. 5).

**** Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

***** Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).';

"

(99)  In Title XII, sections 2 and 3 are replaced by the following:"

'SECTION 2

Management Board

Article 124

Functions of the Management Board

1.  Without prejudice to the functions attributed to the Budget Committee in Section 5, the Management Board shall have the following functions:

   (a) on the basis of a draft submitted by the Executive Director in accordance with Article 128(4)(c), the Management Board shall adopt the annual work programme of the Agency for the coming year, taking into account the opinion of the Commission, and shall forward the adopted annual work programme to the European Parliament, the Council and the Commission;
   (b) on the basis of a draft submitted by the Executive Director in accordance with Article 128(4)(d) and taking into account the opinion of the Commission, the Management Board shall adopt a multi-annual strategic programme for the Agency, including the Agency's strategy for international cooperation, following an exchange of views between the Executive Director and the relevant committee in the European Parliament, and shall forward the adopted multi-annual strategic programme to the European Parliament, the Council and the Commission;
   (c) on the basis of a draft submitted by the Executive Director in accordance with Article 128(4)(f), the Management Board shall adopt the annual report and shall forward the adopted annual report to the European Parliament, the Council, the Commission and the Court of Auditors;
   (d) on the basis of a draft submitted by the Executive Director in accordance with Article 128(4)(g), the Management Board shall adopt the multiannual staff policy plan;
   (e) the Management Board shall adopt rules on the prevention and management of conflicts of interest in the Agency;
   (f) in accordance with paragraph 2, it shall exercise, with respect to the staff of the Agency, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to Conclude Contract of Employment ("the appointing authority powers"); [Am. 83]
   (g) the Management Board shall adopt appropriate implementing rules to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 of the Staff Regulations;
   (h) the Management Board shall appoint and may remove the Executive Director and the Deputy Executive Director or Deputy Executive Directors from office pursuant to Article 129, and shall appoint the President, the chairpersons and the members of the Boards of Appeal pursuant to Article 136;
   (i) the Management Board shall ensure adequate follow-up to the findings and recommendations stemming from the internal or external audit reports and evaluations referred to in Article 165a, as well as from investigations of the European Anti-fraud Office (OLAF);
   (ia) the Management Board shall define and elaborate common projects of interest to the Union and Member States in accordance with Article 123c; [Am. 82]
   (j) the Management Board shall be consulted before adoption of the guidelines for examination in the Agency and in the other cases provided for in this Regulation;
   (k) the Management Board may deliver opinions and requests for information to the Executive Director and to the Commission where it considers that this is necessary.

2.  The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations and 142 of the Conditions of Employment of Other Servants, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants, delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegation of powers can be suspended.

The Executive Director shall be authorised to sub-delegate those powers.

Where exceptional circumstances so require, the Management Board may by way of a decision temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate them to one of its members or to a staff member other than the Executive Director. [Am. 84]

Article 125

Composition of the Management Board

1.  The Management Board shall be composed of one representative of each Member State and, two representatives of the Commission and one representative of the European Parliament and their respective alternates. [Am. 85]

2.  The members of the Management Board may, subject to its rules of procedure, be assisted by advisers or experts.

3.  The duration of the term of office shall be four years. The term of office shall be extendable.

Article 126

Chairperson of the Management Board

1.  The Management Board shall elect a chairperson and a deputy chairperson from among its members. The deputy chairperson shall ex officio replace the chairperson in the event of his being prevented from attending to his duties.

2.  The duration of the terms of office of the chairperson and the deputy chairperson shall be four years. The terms of office shall be renewable once. If, however, their membership of the Management Board ends at any time during their term of office, their term of office shall automatically expire on that date also.

Article 127

Meetings

1.  Meetings of the Management Board shall be convened by its chairperson.

2.  The Executive Director shall take part in the deliberations, unless the Management Board decides otherwise.

3.  The Management Board shall hold an ordinary meeting once twice a year. In addition, it shall meet on the initiative of its chairperson or at the request of the Commission, of the European Parliament or of one-third of the Member States. [Am. 87]

4.  The Management Board shall adopt rules of procedure.

5.  The Management Board shall take its decisions by an absolute majority of its members. However, a majority of two-thirds of its members shall be required for the decisions which the Management Board is empowered to take under points (a) and (b) of Article 124(1)(a) and (b), Article 126(1) and Article 129(2) and (4) (3). In both cases each member shall have one vote. [Am. 88]

6.  The Management Board may invite observers to attend its meetings.

7.  The Secretariat for the Management Board shall be provided by the Agency.

SECTION 2a

Executive Board

Article 127a

Establishment

The Management Board may establish an Executive Board.

Article 127b

Functions and organisation

1.  The Executive Board shall assist the Management Board.

2.  The Executive Board shall have the following functions:

   (a) preparing decisions to be adopted by the Management Board;
   (b) ensuring, together with the Management Board, adequate follow-up to the findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-fraud Office (OLAF);
   (c) without prejudice to the functions of the Executive Director, as set out in Article 128, assisting and advising the Executive Director in the implementation of the decisions of the Management Board, with a view to reinforcing supervision of administrative management.

3.  When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers.

4.  The Executive Board shall be composed of the Chairperson of the Management Board, one representative of the Commission to the Management Board and three other members appointed by the Management Board from among its members. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.

5.  The term of office of members of the Executive Board shall be four years. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.

6.  The Executive Board shall hold at least one ordinary meeting every three months. In addition, it shall meet on the initiative of its Chairperson or at the request of its members.

7.  The Executive Board shall comply with the rules of procedure laid down by the Management Board. [Am. 86]

SECTION 3

Executive Director

Article 128

Functions of the Executive Director

1.  The Agency shall be managed by the Executive Director. The Executive Director shall be accountable to the Management Board.

2.  Without prejudice to the powers of the Commission, the Management Board, and the Budget Committee, the Executive Director shall be independent in the performance of the duties and shall neither seek nor take instructions from any government or from any other body.

3.  The Executive Director shall be the legal representative of the Agency.

4.  The Executive Director shall have in particular the following functions:

   (a) he shall take all necessary steps, including the adoption of internal administrative instructions and the publication of notices, to ensure the functioning of the Agency;
   (b) he shall implement the decisions adopted by the Management Board;
   (c) he shall prepare a draft annual work programme indicating estimated human and financial resources for each activity, and submit it to the Management Board after consultation of the Commission;
   (d) he shall prepare a draft multiannual strategic programme, including the Agency's strategy for international cooperation, and submit it to the Management Board after consultation of the Commission and following an exchange of views with the relevant committee in the European Parliament;
   (e) he shall implement the annual work programme and the multiannual strategic programme and report to the Management Board on their implementation;
   (f) he shall prepare the annual report on the Agency’s activities and present it to the Management Board for approval;
   (g) he shall prepare a draft multiannual staff policy plan and submit it to the Management Board after consultation of the Commission;
   (h) he shall prepare an action plan following-up on the conclusions of the internal or external audit reports and evaluations, as well as from investigations of the European Anti-fraud Office (OLAF), and shall report on progress twice a year to the Commission and to the Management Board;
   (i) he shall protect the financial interests of the Union by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by imposing effective, proportionate and dissuasive administrative and financial penalties;
   (j) he shall prepare an anti-fraud strategy of the Agency and shall present it to the Budget Committee for approval;
   (k) in order to ensure uniform application of the Regulation, he may refer to the enlarged Board of Appeal questions on a point of law, in particular if the Boards of Appeal have issued diverging decisions on that point;
   (l) he shall draw up estimates of the revenue and expenditure of the Agency and shall implement the budget;
   (la) without prejudice to Articles 125 and 136, he shall exercise, with respect to the staff of the Agency, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to Conclude Contracts of Employment ("the appointing authority powers"); [Am. 91]
   (m) he shall exercise the powers entrusted to him in respect of the staff by the Management Board under Article 124(1)(f); [Am. 89]
   (ma) he may submit to the Commission any proposal to amend this Regulation, the delegated acts adopted pursuant to this Regulation and any other rules applying to European Union trade marks after consulting the Management Board and, in the case of fees and budgetary provisions laid down by this Regulation, the Budget Committee; [Am. 90]
   (n) he shall exercise the powers conferred to him by Articles 26(3), 29(5), 30(2), 45(3), 75(2), 78(5), 79, 79b, 79c, 87(3), 88, 89, 93(4), 119(8) and 144 in accordance with the criteria set out in this Regulation and in the delegated acts adopted pursuant to this Regulation;
   (o) he may delegate his functions.

5.  The Executive Director shall be assisted by one or more Deputy Executive Directors. If the Executive Director is absent or indisposed, the Deputy Executive Director or one of the Deputy Executive Directors shall replace him in accordance with the procedure laid down by the Management Board.

Article 129

Appointment and removal of the Executive Director and extension of his term of office

1.  The Executive Director shall be engaged as a temporary agent of the Agency under Article 2(a) of the Conditions of Employment of Other Servants.

2.  The Executive Director shall be appointed by the Management Board, from a list of at least three candidates proposed by the Commission a pre-selection committee of the Management Board composed of representatives of the Member States, of the Commission and of the European Parliament, following an open and transparent selection procedure and the publication, in the Official Journal of the European Union and elsewhere, of a call for expressions of interest. Before being appointed, the candidate selected by the Management Board may be invited to make a statement before any competent European Parliament committee and to answer questions put by its members. For the purpose of concluding the contract with the Executive Director, the Agency shall be represented by the chairperson of the Management Board.

The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the European Commission, after an evaluation report has been prepared by the Commission at the request of the Management Board or the European Parliament.

3.  The term of office of the Executive Director shall be five years. By the end of that period, the Commission Management Board shall undertake an assessment which takes into account an evaluation of the performance of the Executive Director and the Agency's future tasks and challenges. The Management Board may extend once the term of office of the Executive Director for no more than five years. The Management Board, when taking its decisions on the extension of the term of office of the Executive Director, shall take into account the Commission's assessment report of the Executive Director's performance as well as the Agency's future tasks and challenges.

4.  The Management Board, acting on a proposal from the Commission which takes into account the assessment referred to in paragraph 3, may extend once the term of office of the Executive Director for no more than five years.

5.  An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.

6.  The Deputy Executive Director or Deputy Executive Directors shall be appointed or removed from office as provided for in paragraph 2, after consultation of the Executive Director and, where applicable, the Executive Director elect. The term of office of the Deputy Executive Director shall be five years. It may be extended once for no more than five years by the Management Board acting on a proposal from the Commission as provided for in paragraph 4 3, after consultation of the Executive Director.'; [Am. 92]

"

(100)  Article 130 is amended as follows:

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

'(c) a department entrusted with the keeping of the Register;'

"

(b)  the following point is added:"

'(f) any other unit or person appointed by the Executive Director to that effect.';

"

(101)  In Article 132(2), the third sentence is replaced by the following:"

'In specific cases laid down in accordance with Article 144a(c), the decisions shall be taken by a single member.';

"

(102)  Article 133 is replaced by the following:"

'Article 133

Department entrusted with the keeping of the Register

1.  The Department entrusted with the keeping of the Register shall be responsible for taking decisions in respect of entries in the Register.

2.  It shall also be responsible for keeping the list of professional representatives referred to in Article 93(2).

3.  The decisions of the Department shall be taken by one member.';

"

(103)  Article 134 is amended as follows:

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

'1. A Cancellation Division shall be responsible for taking decisions in relation to:

   (a) an application for the revocation or declaration of invalidity of a European Union trade mark,
   (b) a request for the assignment of a European Union trade mark as provided for in Article 18.';

"

(b)  in paragraph 2, the third sentence is replaced by the following:"

'In specific cases laid down in accordance with Article 144a(c), the decisions shall be taken by a single member.';

"

(104)  The following Article is inserted:"

'Article 134a

General Competence

Decisions required by this Regulation which do not fall within the competence of an examiner, an Opposition Division, a Cancellation Division or the Department entrusted with the keeping of the Register, shall be taken by any official or unit appointed by the Executive Director for that purpose.';

"

(105)  Article 135 is amended as follows:

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

'1. The Boards of Appeal shall be responsible for deciding on appeals from decisions taken pursuant to Articles 131 to 134a.';

"

(b)  in paragraph 3, point (a) is replaced by the following::"

'(a) by the authority of the Boards of Appeal referred to in Article 136(4)(a); or';

"

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

'4. The enlarged Board shall also be responsible for giving reasoned opinions on questions of law referred to it by the Executive Director pursuant to Article 128(4)(k).';

"

(d)  in paragraph 5, the last sentence is deleted;

(106)  Article 136 is replaced by the following:"

'Article 136

Independence of the members of the Boards of Appeal

1.  The President of the Boards of Appeal and the chairpersons of the Boards shall be appointed, in accordance with the procedure laid down in Article 129 for the appointment of the Executive Director, for a term of five years. They shall not be removed from office during this term, unless there are serious grounds for such removal and the Court of Justice, on application by the institution which appointed them, takes a decision to this effect.

2.  The term of office of the President of the Boards of Appeal may be extended once for one additional five-year period, or until retirement age if this age is reached during the new term of office, after a prior positive evaluation of his performance by the Management Board.

3.  The term of office of the chairpersons of the Boards may be extended for additional five-year periods, or until retirement age if this age is reached during the new term of office, after a prior positive evaluation of their performance by the Management Board, subject to a favourable opinion by the President of the Boards of Appeal.

4.  The President of the Boards of Appeal shall have the following managerial and organisational functions:

   (a) chairing the authority of the Boards of Appeal responsible for laying down the rules and organising the work of the Boards;
   (b) ensuring the implementation of the authority's decisions;
   (c) allocating cases to a Board on the basis of objective criteria determined by the authority of the Boards of Appeal;
   (d) forwarding to the Executive Director the Boards' expenditure requirements, with a view to drawing up the expenditure estimates.

The President of the Boards of Appeal shall chair the enlarged Board.

5.  The members of the Boards of Appeal shall be appointed by the Management Board for a term of five years. Their term of office may be extended for additional five-year periods, or until retirement age if that age is reached during the new term of office after a prior positive evaluation of their performance by the Management Board, subject to a favourable opinion by the President of the Boards of Appeal.

6.  The members of the Boards of Appeal shall not be removed from office unless there are serious grounds for such removal and the Court of Justice, after the case has been referred to it by the Management Board on the recommendation of the President of the Boards of Appeal, after consulting the chairperson of the Board to which the member concerned belongs, takes a decision to this effect.

7.  The President of the Boards of Appeal and the chairpersons and members of the Boards of Appeal shall be independent. In their decisions they shall not be bound by any instructions.

8.  Decisions taken by an enlarged Board on appeals or opinions on questions of law referred to it by the Executive Director pursuant to Article 135 shall be binding on the decision-making instances of the Agency referred to in Article 130.

9.  The President of the Boards of Appeal and the chairpersons and members of the Boards of Appeal shall not be examiners or members of the Opposition Divisions, the Department entrusted with the keeping of the Register or Cancellation Divisions.

Article 136a

Mediation and arbitration centre

1.  The Agency may establish a mediation and arbitration centre which is independent of the decision-making instances listed in Article 130. The centre shall be located on the Agency's premises.

2.  Any natural or legal person may use the centre's services on a voluntary basis with the aim of resolving, by mutual agreement, disputes covered by this Regulation and by Directive ...

3.  The Agency may also start an arbitration procedure on its own initiative with a view to giving parties the opportunity to reach an agreement by common consent.

4.  The centre shall be led by a director who shall be responsible for the centre's activities.

5.  The director shall be appointed by the Management Board.

6.  The centre shall draw up rules governing mediation and arbitration procedures and rules governing the centre's work. The rules governing mediation and arbitration procedures and the rules governing the centre's work shall be ratified by the Management Board.

7.  The centre shall establish a register of mediators and arbitrators who help parties to resolve disputes. They must be independent and possess relevant skills and experience. The register shall require the approval of the Management Board.

8.  Examiners and members of the Division of the Institute or Boards of Appeal may not take part in any mediation or arbitration concerning a case in which they have:

   (a) any prior involvement in the procedures undergoing mediation or arbitration;
   (b) any personal interest; or
   (c) been previously involved as a representative of one of the parties.

9.  No person called to testify as a member of an arbitration or mediation panel may be involved in the objection, annulment or proceedings which gave rise to the mediation or arbitration process.'; [Am. 93]

"

(107)  Article 138 is replaced by the following:"

'Article 138

Budget Committee

1.  The Budget Committee shall have the functions assigned to it in this Section.

2.  Articles 125, 126 and 127(1) to (4), (6) and (7) shall apply to the Budget Committee mutatis mutandis.

3.  The Budget Committee shall take its decisions by an absolute majority of its members. However, a majority of two-thirds of its members shall be required for the decisions which the Budget Committee is empowered to take under Article 140(3) and Article 143. In both cases each member shall have one vote.';

"

(108)  In Article 139 the following paragraphs are added:"

'4. The Agency shall prepare on a biannual basis a report to the European Parliament, the Council and the Commission on its financial situation. On the basis of this that report, the Commission shall review the financial situation of the Agency. [Am. 94]

4a.  The Agency shall provide for a reserve fund covering one year of its operational expenditure to ensure the continuity of its operations.'; [Am. 95]

"

(109)  The following Article is inserted:"

'Article 141a

Combating fraud

1.  In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EC) No 1073/1999 of the European Parliament and of the Council* the Agency shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) and adopt the appropriate provisions applicable to all the employees of the Agency using the template set out in the Annex to that Agreement.

2.  The European Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds from the Agency.

3.  OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EC) No 1073/1999 and Council Regulation (Euratom, EC) No 2185/96** with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by the Agency.

4.  Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of the Agency shall contain provisions expressly empowering the European Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences.

5.  The Budget Committee shall adopt an anti-fraud strategy, which is proportionate to the fraud risks having regard to the cost-benefit of the measures to be implemented.

_________________

* Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 1).

** Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). ';

"

(110)  Article 144 is replaced by the following:"

'Article 144

Fees

1.  In addition to the fees provided for in Articles 26(2), 36(1)(c), 41(3), 44(4), 47(1) and (3), 49(4), 56(2), 60, 81(3), 82(1), 113(1) and 147(5), fees shall be charged in the following cases:

   (a) issue of a copy of the certificate of registration;
   (b) registration of a license or another right in respect of a European Union trade mark;
   (c) registration of a license or another right in respect of an application for a European Union trade mark;
   (d) cancellation of the registration of a license or another right;
   (e) alteration of a registered European Union trade mark;
   (f) issue of an extract from the Register;
   (g) inspection of the files;
   (h) issue of copies of file documents;
   (i) issue of certified copies of the application;
   (j) communication of information in a file;
   (k) review of the determination of the procedural costs to be refunded.

2.  The amounts of the fees referred to in paragraph 1 shall be fixed at such level the levels set out in Annex -I so as to ensure that the revenue in respect thereof is in principle sufficient for the budget of the Agency to be balanced while avoiding the accumulation of significant surpluses. Without prejudice to Article 139(4), the Commission shall review the level of fees should a significant surplus become recurrent. If this review does not lead to a reduction or modification in the level of fees which has the effect of preventing the further accumulation of a significant surplus, the surplus accumulated after the review shall be transferred to the budget of the Union. [Am. 96]

3.  The Executive Director shall lay down the amount to be charged for any services provided by the Agency other than those referred to in paragraph 1 and for publications issued by the Agency in accordance with the criteria set out in the delegated act adopted pursuant to Article 144a(d). The amount of the charge shall not exceed what is necessary to cover the costs of the specific service rendered by the Agency.

4.  In accordance with the criteria set out in the delegated act adopted pursuant to Article 144a(d), the Executive Director may take the following measures:

   (a) he may establish which specific methods of payment other than those set out in accordance with Article 144a(d) may be used, in particular by means of deposits in current accounts held with the Agency;
   (b) he may determine the amounts below which an excessive sum paid to cover a fee or a charge shall not be refunded;
   (c) he may waive action for the enforced recovery of any sum due where the sum to be recovered is minimal or where such recovery is too uncertain.

Where the methods of payment referred to in point (a) may be used, the Executive Director shall establish the date on which such payments are to be considered to have been made to the Agency.';

"

(111)  The following Section is inserted:"

'SECTION 6

Delegation of powers

Article 144a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 in order to establish:

   (a) the specific criteria of use of the languages referred to in Article 119;
   (b) the cases in which opposition and cancellation decisions shall be taken by a single member under Article 132(2) and Article 134(2);
   (c) the details on the organisation of the Boards of Appeal, including the setting up and the role of the authority of the Boards of Appeal referred to in Article 135(3)(a), the composition of the enlarged Board and the rules on referrals to it as referred to in Article 135(4), and the conditions under which decisions shall be taken by a single member in accordance with Article 135(2) and (5); [Am. 97]
   (d) the system of fees and charges payable to the Agency in accordance with Article 144, including the amount of fees, the methods of payment, the currencies, the due date for fees and charges, the deemed date of payment and the consequences of lack of or late payment, and under- and overpayment, the services which may be free of charge, and the criteria under which the Executive Director may exercise the powers set out in Article 144(3) and (4).'; [Am. 98]

"

(112)  In Article 145, the words 'its Implementing Regulations' are is replaced by 'the delegated acts adopted pursuant to this Regulation'; the following:"

'Article 145

Application of provisions

Unless otherwise specified in this title, this Regulation and the delegated acts adopted pursuant to this Regulation shall apply to applications for international registrations under the Protocol relating to the Madrid Agreement concerning the international registration of marks, adopted at Madrid on 27 June 1989 (hereafter referred to as ‘international applications’ and ‘the Madrid Protocol’ respectively), based on an application for a European Union trade mark or on a European Union trade mark and to registrations of marks in the international register maintained by the International Bureau of the World Intellectual Property Organisation (hereafter referred to as ‘international registrations’ and ‘the International Bureau’, respectively) designating the European Union.'; [Am. 99]

"

(113)  In Article 147, paragraphs 4, 5 and 6 are replaced by the following:"

'4. The filing of an international application shall be subject to the payment of a fee to the Agency. Where the international registration is to be based on a European Union trade mark once it is registered, the fee shall be due on the date of registration of the European Union trade mark. The application shall be deemed not to have been filed until the required fee has been paid.

5.  The international application shall fulfil the formal conditions established in accordance with Article 161a(a).

6.  The Agency shall examine whether the international application meets the conditions laid down in Article 146 and in paragraphs 1, 3 and 5 of this Article.

7.  The Agency shall forward the international application to the International Bureau as soon as possible.'; [Am. 100]

"

(114)  The following Article is inserted:"

'Article 148a

Notification of the invalidity of the basic application or registration

Within During a period of five years from the date of the international registration, the Agency shall notify the International Bureau of the any facts and decisions affecting the validity of the European Union trade mark application or the European Union trade mark registration on which the international registration was based.'; [Am. 101]

"

(115)  In Article 149, the following sentence is added:"

'The request shall fulfil the formal conditions established in accordance with Article 161a(c).'; [Am. 102]

"

(116)  Article 154(4) is deleted;

(117)  The following Article is inserted:"

'Article 154a

Collective and certification marks

Where an international registration is based on a basic application or basic registration relating to a collective mark, certification mark or guarantee mark, the Agency shall comply with the procedures provided for in accordance with Article 161a(f) the international registration designating the European Union shall be dealt with as a European Union collective mark. The holder of the international registration shall submit the regulations governing use of the mark as provided for in Article 67 directly to the Agency within a period of two months from the date on which the International Bureau notifies the international registration to the Agency.'; [Am. 103]

"

(118)  Article 155 is deleted;

(119)  Article 156 is amended as follows:

(a)  in paragraph 2, the words 'six months' are is replaced by 'one month'; the following:"

'2. Notice of opposition shall be filed within a period of three months which shall begin one month following the date of the publication pursuant to Article 152(1). The opposition shall not be treated as duly entered until the opposition fee has been paid.'; [Am. 104]

"

(b)  paragraph 4 is deleted;

(120)  The following Articles are inserted:"

'Article 158a

Legal effect of registration of transfers

The recordal of a change in the ownership of the international registration on the International Register shall have the same effect as the entry of a transfer in the Register pursuant to Article 17.

Article 158b

Legal effect of registration of licenses and other rights

The recordal of a license or a restriction of the holder's right of disposal in respect of the international registration in the International Register shall have the same effect as the registration of a license, a right in rem, a levy of execution or insolvency proceedings in the Register pursuant to Articles 19, 20, 21 and 22 respectively.

Article 158c

Examination of requests for registration of transfers, licenses or restrictions of the holder's right of disposal

The Agency shall transmit requests to register a change in ownership, a license or a restriction of the holder's right of disposal, the amendment or cancellation of a license or the removal of a restriction of the holder's right of disposal which have been filed with it to the International Bureau in the cases specified in accordance with Article 161a(h).'; [Am. 105]

"

(121)  Article 159 is amended as follows:

(a)  in paragraph 1, point (b) is replaced by the following:"

'(b) into a designation of a Member State party to the Madrid Protocol, provided that on the date when conversion was requested it was possible to have designated that Member State directly under the Madrid Protocol. Articles 112, 113 and 114 shall apply.';

"

(b)  in paragraph 2, the words 'or the Madrid Agreement' are deleted; is replaced by the following:"

'2. The national trade mark application or the designation of a Member State party to the Madrid Protocol [...] resulting from the conversion of the designation of the European Union through an international registration shall enjoy, in respect of the Member State concerned, the date of the international registration pursuant to Article 3(4) of the Madrid Protocol or the date of the extension to the European Union pursuant to Article 3ter(2) of the Madrid Protocol if the latter was made subsequently to the international registration, or the date of priority of that registration and, where appropriate, the seniority of a trade mark of that State claimed under Article 153.'; [Am. 106]

"

(122)  In Title XIII the following Section is inserted:"

'SECTION 4

Conferral of powers

Article 161a

Delegation of powers

The Commission shall be empowered to adopt delegated acts in accordance with Article 163 specifying:

   (a) the formal conditions of an international application referred to in Article 147(5), the procedure for the examination of the international application pursuant to Article 147(6) and the modalities of forwarding the international application to the International Bureau pursuant to Article 147(4); [Am. 107]
   (b) the modalities of the notification provided for in Article 148a;
   (c) the formal conditions of a request for territorial extension as referred to in Article 149(2), the procedure for the examination of those conditions and the modalities of forwarding the request for territorial extension to the International Bureau; [Am. 108]
   (d) the procedure for filing a seniority claim pursuant to Article 153;
   (e) the procedures for the examination of absolute grounds for refusal referred to in Article 154 and for the filing and examination of an opposition pursuant to Article 156, including the necessary communications to be made to the International Bureau;
   (f) the procedures with regard to the international registrations referred to in Article 154a;
   (g) the cases where the Agency shall notify the International Bureau of the invalidation of the effects of an international registration pursuant to Article 158 and the information that such notification shall contain;
   (h) the modalities of transmission of the requests referred to in Article 158c to the International Bureau;
   (i) the conditions with which a request for conversion pursuant to Article 159(1) shall comply;
   (j) the formal conditions of an application for transformation referred to in Article 161 and the procedures for such a transformation;
   (k) the modalities of communications between the Agency and the International Bureau, including the communications to be made pursuant to Articles 147(4), 148a, 153(2) and 158c.'; [Am. 109]

"

(123)  Article 162 is deleted;

(124)  Article 163 is deleted;

(125)  The following Article is inserted:"

'Article 163a

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 Articles 24a, 35a, 45a, 49a, 57a, 65a, 74a, 74k, 93a, 114a, 144a and 161a shall be conferred for an indeterminate period of time.

3.  The delegation of power referred to in paragraph 2 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 24a, 35a, 45a, 49a, 57a, 65a, 74a, 74k, 93a, 114a, 144a and 161a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 four 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 two months at the initiative of the European Parliament or the Council.'; [Am. 110]

"

(126)  Article 164 is deleted;

(127)  The following Article is inserted:"

'Article 165a

Evaluation and review

1.  By 2019, and every five years thereafter, the Commission shall commission an evaluation on evaluate the implementation of this Regulation. [Am. 112]

2.  The evaluation shall review the legal framework for cooperation between the Agency and the central industrial property offices of the Member States and the Benelux Office for Intellectual Property, with a particular attention to the financing mechanism. The evaluation shall further assess the impact, effectiveness and efficiency of the Agency and its working practices. The evaluation shall, in particular, address the possible need to modify the mandate of the Agency, and the financial implications of any such modification.

3.  The Commission shall forward the evaluation report together with its conclusions drawn on the report to the European Parliament, the Council and the Management Board. The findings of the evaluation shall be made public.

4.  On the occasion of every second evaluation, there shall be an assessment of the results achieved by the Agency having regard to its objectives, mandate and tasks. If the Commission considers that the continuation of the Agency is no longer justified with regard to its assigned objectives, mandate and tasks, it may propose that this Regulation be repealed.'

"

(127a)  The following Annex is inserted:"

'Annex -I

Amount of fees

The fees to be paid to the Agency under this Regulation and under Regulation (EC) No 2868/95 shall be as follows:

1.  Basic fee for the application for an individual mark (Article 26(2), Rule 4(a))

EUR 925

1a.  Search fee for a European Union trade mark application (Article 38(2), Rule 4(c))

The amount of EUR 12 multiplied by the number of central industrial property offices referred to in Article 38(2); that amount, and the subsequent changes, shall be published by the Agency in the Official Journal of the Agency

1b.  Basic fee for the application for an individual mark by electronic means (Article 26(2), Rule 4(a))

EUR 775

1c.  Basic fee for the application for an individual mark by electronic means, using the online classification database (Article 26(2), Rule 4(a))

EUR 725

2.  Fee for the second class of goods and services for an individual mark (Article 26(2), Rule 4(b))

EUR 50

2a.  Fee for the third class of goods and services for an individual mark (Article 26(2), Rule 4(b))

EUR 75

2b.  Fee for each class of goods and services exceeding three for an individual mark (Article 26(2), Rule 4(b))

EUR 150

3.  Basic fee for the application for a collective mark (Article 26(2) and Article 66(3), Rule 4(a) and Rule 42)

EUR 1 000

3a.  Basic fee for the application for a collective mark by electronic means, using the online classification database (Article 26(2) and Article 66(3), Rule 4(a) and Rule 42)

EUR 950

4.  Fee for the second class of goods and services for a collective mark (Article 26(2) and Article 66(3), Rule 4(b) and Rule 42)

EUR 50

4a.  Fee for the third class of goods and services for a collective mark (Article 26(2) and Article 66(3), Rule 4(b) and Rule 42)

EUR 75

4b.  Fee for each class of goods and services exceeding three for a collective mark (Article 26(2) and 66(3), Rule 4(b) and Rule 42)

EUR 150

5.  Opposition fee (Article 41(3); Rule 17(1))

EUR 350

7.  Basic fee for the registration of an individual mark (Article 45)

EUR 0

8.  Fee for each class of goods and services exceeding three for an individual mark (Article 45)

EUR 0

9.  Basic fee for the registration of a collective mark (Article 45 and Article 66(3))

EUR 0

10.  Fee for each class of goods and services exceeding three for a collective mark (Article 45 and Article 64(3))

EUR 0

11.  Additional fee for late payment of the registration fee (point 2 of Article 162(2))

EUR 0

12.  Basic fee for the renewal of an individual mark (Article 47(1), Rule 30(2)(a))

EUR 1 150

12a.  Basic fee for the renewal of an individual mark by electronic means (Article 47(1), Rule 30(2)(a))

EUR 1 000

13.  Fee for the renewal of the second class of goods and services for an individual mark (Article 47(1), Rule 30(2)(b))

EUR 100

13a.  Fee for the renewal of the third class of goods and services for an individual mark (Article 47(1), Rule 30(2)(b))

EUR 150

13b.  Fee for the renewal of each class of goods and services exceeding three for an individual mark (Article 47(1), Rule 30(2)(b))

EUR 300

14.  Basic fee for the renewal of a collective mark (Article 47(1) and Article 66(3), Rule 30(2)(a) and Rule 42)

EUR 1 275

15.  Fee for the renewal of the second class of goods and services for a collective mark (Article 47(1) and Article 66(3), Rule 30(2)(b) and Rule 42)

EUR 100

15a.  Fee for the renewal of the third class of goods and services for a collective mark (Article 47(1) and Article 66(3), Rule 30(2)(b) and Rule 42)

EUR 150

15b.  Fee for the renewal of each class of goods and services exceeding three for a collective mark (Article 47(1) and Article 66(3), Rule 30(2)(b) and Rule 42)

EUR 300

16.  Additional fee for late payment of the renewal fee or late submission of the request for renewal (Article 47(3), Rule 30(2)(c))

25% of the belated renewal fee, subject to a maximum of EUR 1 150

17.  Fee for the application for revocation or for a declaration of invalidity (Article 56(2), Rule 39(1))

EUR 700

18.  Appeal fee (Article 60, Rule 49(3))

EUR 800

19.  Fee for the application for restitutio in integrum (Article 81(3))

EUR 200

20.  Fee for the application for the conversion of a European Union trade mark application or a European Union trade mark (Article 113(1), also in conjunction with Article 159(1); Rule 45(2), also in conjunction with Rule 123(2))

(a) into a national trade mark application;

(b) into a designation of Member States under the Madrid Agreement

EUR 200

21.  Fee for continuation of proceedings (Article 82(1))

EUR 400

22.  Fee for the declaration of division of a registered European Union trade mark (Article 49(4)) or an application for a European Union trade mark (Article 44(4)):

EUR 250

23.  Fee for the application for the registration of a licence or another right in respect of a registered European Union trade mark (Article 162(2)(c), Rule 33(2)) or an application for a European Union trade mark (Article 157(2)(d), Rule 33(4)):

(a)  grant of a licence;

(b)  transfer of a licence;

(c)  creation of a right in rem;

(d)  transfer of a right in rem;

(e)  levy of execution;

EUR 200 per registration, but, where multiple requests are submitted in the same application or at the same time, not to exceed a total of EUR 1 000

24.  Fee for the cancellation of the registration of a licence or other right (Article 162(2)(e), Rule 35(3))

EUR 200 per cancellation, but, where multiple requests are submitted in the same application or at the same time, not to exceed a total of EUR 1 000

25.  Fee for the alteration of a registered European Union trade mark (Article 162(2)(f), Rule 25(2))

EUR 200

26.  Fee for the issue of a copy of the application for a European Union trade mark (Article 162 (2)(j), Rule 89 (5)), a copy of the certificate of registration (Article 162(2)(b), Rule 24(2)), or an extract from the register (Article 162(2)(g), Rule 84(6)):

(a)  uncertified copy or extract;

(b)  certified copy or extract

EUR 10

EUR 30

27.  Fee for the inspection of the files (Article 162 (2)(h), Rule 89 (1))

EUR 30

28.  Fee for the issue of copies of file documents (Article 162(2)(i), Rule 89(5)):

(a)  uncertified copy;

(b)  certified copy,

plus per page, exceeding 10

EUR 10

EUR 30

EUR 1

29.  Fee for the communication of information in a file (Article 162(2)(k), Rule 90)

EUR 10

30.  Fee for the review of the determination of the procedural costs to be refunded (Article 162(2)(l), Rule 94 (4))

EUR 100

31.  Fee for the filing of an international application at the Agency (Article 147(5))

EUR 300

[Am. 111]

Article 1a

Regulation (EC) No 2868/95 is amended as follows:

   (1) Rule 4 is deleted;
   (2) Rule 30(2) is deleted. [Am. 113]

Article 1b

Regulation (EC) No 2869/95 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in the Annex(16).’ [Am. 114]

"

Article 2

This Regulation shall enter into force on [specify date 90 days after its publication in the Official Journal of the European Union].

Article 1(9), (10)(b), (21), (22), (23), (25), (26), (27), (29), (30), (31), (34), (37), (38), (41), (44), (46), (57), (58), (59), (60), (61), (63), (64), (66), (67), (68), (69), (70), (71), (72), (73), (75), (76), (77), (78), (79), (88), (89), (93), (94), (99) insofar as it relates to Article 128(4)(n), (101), (103)(b), (105)(d), (112), (113), (114), (115), (117), (120), (123) and (124) shall apply from [specify the first day of the first month after 18 months following the date specified in the first paragraph].

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) Position of the European Parliament of 25 February 2014.
(2)Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1).
(3)Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78, 24.3.2009, p. 1).
(4)Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ L 40, 11.2.1989, p. 1).
(5)Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ L 299, 8.11.2008, p. 25).
(6)COM(2008)0465.
(7)OJ C 140, 29.5.2010, p. 22.
(8)COM(2011)0287.
(9)OJ L 336, 23.12.1994, p. 214.
(10)Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21).
(11) Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15).
(12) Commission Regulation (EC) No 2869/95 of 13 December 1995 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OJ L 303, 15.12.1995, p. 33).
(13) Commission Regulation (EC) No 2868/95 of 13 December 1995 implementing Council Regulation (EC) No 40/94 on the Community trade mark (OJ L 303, 15.12.1995, p. 1).
(14) 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)
(15) OJ C 32, 4.2.2014, p. 23.
(16) The correlation table will be drawn up upon conclusion of an interinstitutional agreement on this Regulation.


Laws of the Member States relating to trade marks ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 25 February 2014 on the proposal for a directive of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (recast) (COM(2013)0162 – C7-0088/2013 – 2013/0089(COD))
P7_TA(2014)0119A7-0032/2014

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0162),

–  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 (C7‑0088/2013),

–  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),

–  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 Rules 87 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on International Trade and the Committee on the Internal Market and Consumer Protection (A7-0032/2014),

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.  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;

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 25 February 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (recast)

P7_TC1-COD(2013)0089


(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114(1) thereof, [Am. 1]

Having regard to the proposal from the European Commission,

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

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

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

Whereas:

(1)  A number of amendments are to be made to Directive 2008/95/EC of the European Parliament and of the Council(5). In the interests of clarity, that Directive should be recast.

(2)  Directive 2008/95/EC has harmonised central provisions of substantive trade mark law which at the time of adoption were considered as most directly affecting the functioning of the internal market by impeding the free movement of goods and the freedom to provide services in the Union.

(3)  Trade mark protection in the Member States coexists with protection available at Union level through Community trade marks which are intellectual property rights unitary in character and valid throughout the Union as laid down in Council Regulation (EC) No 207/2009(6). Coexistence of trade mark systems at national and Union level in fact constitutes a cornerstone of the Union’s approach to intellectual property protection.

(4)  Further to the Commission's Communication of 16 July 2008 on an Industrial Property Rights Strategy for Europe(7), the Commission carried out a comprehensive evaluation of the overall functioning of the trade mark system in Europe as a whole, covering Union and national levels and the interrelation between each other.

(5)  In its conclusions of 25 May 2010 on the future revision of the Trade Mark system in the European Union(8), the Council called on the Commission to present proposals for the revision of Regulation (EC) No 207/2009 and Directive 2008/95/EC. In doing so, the revision of the latter should include measures to make it more consistent with Regulation (EC) No 207/2009 and, which would thus reduce the areas of divergence within the trade mark system in Europe as a whole, while maintaining national trade mark protection as an attractive option for applicants. In this context, the complementary relationship between the European Union trade mark system and national trade mark systems should be ensured. [Am. 2]

(6)  The Commission concluded in its Communication ‘A Single Market for Intellectual Property Rights’ of 24 May 2011(9) that in order to meet increased demands from stakeholders for faster, higher quality, more streamlined trade mark registration systems, which are more consistent, user friendly, publicly accessible and technologically up-to-date, there is a necessity to modernise the trade mark system in the Union as a whole and adapt it to the Internet era.

(7)  Consultation and evaluation for the purpose of this Directive has revealed that in spite of the previous partial harmonisation of national laws, the European business environment remains very heterogeneous, limiting the accessibility to trade mark protection overall and thus having a detrimental effect on competitiveness and growth.

(8)  In order to serve the objective of fostering and creating a well functioning single market and to facilitate acquiring and protecting trade marks in the Union, it is therefore necessary to go beyond the limited scope of approximation achieved by Directive 2008/95/EC and extend approximation to all aspects of substantive trade mark law governing trade marks protected through registration as covered by Regulation (EC) No 207/2009.

(9)  For the purpose of making trade mark registrations throughout the Union easier to obtain and administer, it is essential to approximate not only provisions of substantive law but also procedural rules. Therefore, principal procedural rules in the Member States and in the European Union trade mark system, including those in respect of which divergences cause major problems for the functioning of the internal market, should be aligned. As regards procedures under national law it is sufficient to lay down general principles, leaving the Member States free to establish more specific rules.

(10)  It is fundamental to ensure that registered trade marks enjoy the same protection under the legal systems of all the Member States, and that the protection of trade marks at the national level is the same as the protection of European Union trade marks. In line with the extensive protection granted to European Union trade marks which have a reputation in the Union, extensive protection should also be granted at national level to all registered trade marks which have a reputation in the Member State concerned. [Am. 3. This amendment applies throughout the text]

(11)  This Directive should not deprive the Member States of the right to continue to protect trade marks acquired through use but should take them into account only in regard to their relationship with trade marks acquired by registration.

(12)  Attainment of the objectives at which this approximation of laws is aiming requires that the conditions for obtaining and continuing to hold a registered trade mark be, in general, identical in all Member States.

(13)  To this end, it is necessary to list examples of signs which may constitute a trade mark, provided that such signs are capable of distinguishing the goods or services of one undertaking from those of other undertakings. In order to fulfil the objectives of the registration system for trade marks, which are to ensure legal certainty and sound administration, it is also essential to require that the sign is be capable of being represented in the register in a manner which allows for a is clear, precise determination of the subject of protection, self-contained, easily accessible, durable and objective. A sign should therefore be permitted to be represented in any appropriate form, and thus not necessarily by graphic means, as long as the representation uses generally available technology and offers satisfactory guarantees to that effect. [Am. 4]

(14)  Furthermore, the grounds for refusal or invalidity concerning the trade mark itself, including the absence of any distinctive character, or concerning conflicts between the trade mark and earlier rights, should be listed in an exhaustive manner, even if some of these grounds are listed as an option for the Member States which should therefore be able to maintain or introduce those grounds in their legislation.

(15)  In order to ensure that the levels of protection afforded to geographical indications by other instruments of Union law are applied in a uniform and exhaustive manner in the examination of absolute and relative grounds for refusal throughout the Union, this Directive should include the same provisions in relation to geographical indications as contained in Regulation (EC) No 207/2009.

(16)  The protection afforded by the registered trade mark, the function of which is in particular to guarantee the trade mark as an indication of origin, should be absolute in the case of identity between the mark and the sign and the goods or services. The protection should apply also in the case of similarity between the mark and the sign and the goods or services. It is indispensable to give an interpretation of the concept of similarity in relation to the likelihood of confusion. The likelihood of confusion, the appreciation of which depends on numerous elements and, in particular, on the recognition of the trade mark on the market, the association which can be made with the used or registered sign, the degree of similarity between the trade mark and the sign and between the goods or services identified, should constitute the specific condition for such protection. The ways in which likelihood of confusion may be established, and in particular the onus of proof, should be a matter for national procedural rules which should not be prejudiced by this Directive.

(17)  In order to ensure legal certainty and full consistency with the principle of priority, under which an earlier registered trade mark takes precedence over later registered trade marks, it is necessary to lay down that the enforcement of rights conferred by a trade mark should be without prejudice to the rights of proprietors acquired prior to the filing or priority date of the trade mark. This is in conformity with Article 16(1) of the Agreement on trade related aspects of intellectual property rights of 15 April 1994 (hereinafter: ‘TRIPS Agreement’)(10).

(18)  It is appropriate to provide that an infringement of a trade mark can only be established if there is a finding that the infringing mark or sign is used in the course of trade for purposes of distinguishing goods or services as to their commercial origin. Uses for other purposes should be subject to the provisions of national law.

(19)  In order to ensure legal certainty and clarity, it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services, protection should be granted to a trade mark only if and to the extent that the main function of the trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected. [Am. 5]

(20)  Infringement of a trade mark should also comprise the use of the sign as a trade name or similar designation as long as the use is made for the purposes of distinguishing goods or services as to their commercial origin.

(21)  In order to ensure legal certainty and full consistency with specific Union legislation, it is appropriate to provide that the proprietor of a trade mark should be entitled to prohibit a third party from using a sign in a comparative advertising where such comparative advertising is contrary to Directive 2006/114/EC of the European Parliament and of the Council(11).

(22)  With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, and without prejudice to WTO rules, in particular Article V of the GATT on freedom of transit, the proprietor of a registered trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the Member State without being released for free circulation there, where such goods come from third countries and bear without authorization authorisation a trade mark which is essentially identical to the trade mark registered in respect of such goods. This should be without prejudice to the smooth transit of generic medicines, in compliance with the international obligations of the European Union, in particular as reflected in the 'Declaration on the TRIPS agreement and public health' adopted by the Doha WTO Ministerial Conference on 14 November 2001. [Am. 55]

(22a)  The proprietor of a trade mark should have the right to take relevant legal actions, including inter alia the right to request national customs authorities to take action in respect of goods which allegedly infringe the proprietor's rights, such as detention and destruction in accordance with Regulation (EU) No 608/2013 of the European Parliament and of the Council(12). Customs authorities should carry out the relevant procedures laid down in Regulation (EU) No 608/2013 at the request of a rightholder and on the basis of risk analysis criteria. [Am. 7]

(22b)  Article 28 of Regulation (EU) No 608/2013 provides that a right holder is to be liable in damages towards the holder of the goods where, inter alia, the goods in question are subsequently found not to infringe an intellectual property right. [Am. 8]

(22c)  Member States should take appropriate measures with a view to ensuring the smooth transit of generic medicines. Therefore, a proprietor of a trade mark should not have the right to prevent any third party from bringing goods, in the context of commercial activity, into the customs territory of the Member State based upon similarities, perceived or actual, between the international non-proprietary name (INN) for the active ingredient in the medicines and a registered trademark. [Am. 9]

(23)  In order to more effectively prevent the entry of infringing counterfeit goods, particularly in the context of sales over the Internet, internet delivered in small consignments as defined by Regulation (EU) No 608/2013 the proprietor of a validly registered trade mark should be entitled to prohibit the importing of such goods into the Union where it is only the consignor of the counterfeit goods who acts for commercial purposes in the course of trade. In cases where such measures are taken, the individuals or entities that had ordered the goods are informed of the reason for the measures as well as of their legal rights vis-a-vis the consignor. [Am. 10]

(24)  In order to enable proprietors of registered trade marks to fight counterfeiting more effectively, they should be entitled to prohibit the affixing of an infringing trade mark to goods and certain preparatory acts prior to the affixing.

(25)  The exclusive rights conferred by a trade mark should not entitle the proprietor to prohibit the use of signs or indications which are used fairly and in accordance with honest practices in industrial and commercial matters. In order to create equal conditions for trade names and trade marks against the background that trade names are regularly granted unrestricted protection against later trade marks, such use should be considered to include the use of one’s own personal name. It should further include the use of descriptive or non-distinctive signs or indications in general. Furthermore, the proprietor should not be entitled to prevent the general fair and honest use of the mark for identifying or referring to the goods or services as those of the proprietor.

(26)  It follows from the principle of free movement of goods that the proprietor of a trade mark must not be entitled to prohibit its use by a third party in relation to goods which have been put into circulation in the Union, under the trade mark, by him or with his consent, unless the proprietor has legitimate reasons to oppose further commercialisation of the goods.

(27)  It is important, for reasons of legal certainty and without inequitably prejudicing the interests of a proprietor of an earlier trade mark, to provide that the latter may no longer request a declaration of invalidity nor may he oppose the use of a trade mark subsequent to his own of which he has knowingly tolerated the use for a substantial length of time, unless the application for the subsequent trade mark was made in bad faith.

(28)  In order to ensure legal certainty and safeguard trade mark rights legitimately acquired, it is appropriate and necessary to lay down, without affecting the principle that the later trade mark cannot be enforced against the earlier trade mark, that proprietors of earlier trade marks should not be entitled to obtain refusal or invalidation or to oppose the use of a later trade mark when the later trade mark was acquired at a time when the earlier trade mark was liable to be declared invalid or revoked, for example because it had not yet acquired distinctiveness through use, or when the earlier trade mark could not be enforced against the later trade mark because the necessary conditions were not applicable, for example when the earlier mark had not yet obtained reputation.

(29)  Trade marks fulfil their purpose of distinguishing goods or services and allowing consumers to make informed choices only when they are actually used on the market. A requirement of use is also necessary in order to reduce the total number of trade marks registered and protected in the Union and, consequently, the number of conflicts which arise between them. It is therefore essential to require that registered trade marks must actually be used in connection with the goods or services for which they are registered, or, if not used within five years of the date of registration, must be liable to be revoked. [Am. 11]

(30)  Consequently a registered trade mark should only be protected in so far as it is actually used and an earlier registered trade mark should not enable its proprietor to oppose or invalidate a later trade mark if that proprietor has not put its trade mark to genuine use. Furthermore, Member States should provide that a trade mark may not be successfully invoked in infringement proceedings if it is established as a result of a plea that the trade mark could be revoked or, when the action is brought against a later right, could have been revoked at the time when the later right was acquired.

(31)  It is appropriate to provide that, where the seniority of a national mark has been claimed for a European Union trade mark and the national mark has thereafter been surrendered or allowed to lapse, the validity of that national mark may still be challenged. The challenge should be limited to situations where the national mark could have been declared invalid or revoked at the time the mark was removed from the register.

(32)  For reasons of coherence and in order to facilitate the commercial exploitation of trade marks in the Union, the rules applicable to trade marks as objects of property should be aligned with those already in place for European Union trade marks, and should include rules on assignment and transfer, licensing, rights in rem, levy of execution and insolvency proceedings.

(33)  Collective trade marks have proven a useful instrument for promoting goods or services with specific common properties. It is therefore appropriate to subject national collective trade marks to rules similar to the rules applicable to European collective marks.

(34)  In order to improve and facilitate access to trade mark protection and to increase legal certainty and predictability, the procedure for the registration of trade marks in the Member States should be efficient and transparent and should follow rules similar to those applicable to European Union trade marks. With a view to achieving a consistent and balanced trade mark system both at national and Union level, all the central industrial property offices of the Member States should therefore limit their examination ex officio of whether a trade mark application is eligible for registration to the absence of absolute grounds for refusal only. This should however not prejudice the right of those offices to provide, upon request of applicants, searches for earlier rights on a purely informative basis and without any prejudice to or binding effect on the further registration process, including subsequent opposition proceedings. Member States should be free to decide whether to conduct an ex officio examination for refusal on relative grounds. [Am. 12]

(35)  In order to ensure legal certainty with regard to the scope of trade mark rights and to facilitate access to trade mark protection, the designation and classification of goods and services covered by a trade mark application should follow the same rules in all Member States and should be aligned on those applicable to European Union trade marks. In order to enable the competent authorities and economic operators to determine the extent of the trade mark protection sought on the basis of the application alone, the designation of goods and services should be sufficiently clear and precise. The use of general terms should be interpreted as including only goods and services clearly covered by the literal meaning of the term.

(36)  For the purpose of ensuring effective trade mark protection, Member States should make available an efficient administrative opposition procedure, allowing proprietors of earlier trade mark rights to oppose the registration of a trade mark application. Furthermore, in order to offer efficient means of revoking or declaring invalid trade marks, Member States should provide for an administrative procedure for revocation or declaration of invalidity similar to that applicable to European Union trade marks at Union level.

(37)  Member States' central industrial property offices should cooperate with each other and with the European Union Trade Marks and Designs Intellectual Property Agency (‘the Agency’) in all fields of trade mark registration and administration in order to promote convergence of practices and tools, such as the creation and updating of common or connected databases and portals for consultation and search purposes. The offices of the Member States and the Agency should further cooperate in all other areas of their activities which are relevant for the protection of trade marks in the Union.

(38)  This Directive should not exclude the application to trade marks of provisions of law of the Member States other than trade mark law, such as the provisions relating to unfair competition, civil liability or consumer protection.

(39)  All Member States are bound by the Paris Convention for the Protection of Industrial Property (Paris Convention) and the TRIPS Agreement. It is necessary that the provisions of this Directive should be entirely consistent with those of the said Convention and Agreement. The obligations of the Member States resulting from that Convention and Agreement should not be affected by this Directive. Where appropriate, the second paragraph of Article 351 of the Treaty should apply.

(40)  The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive amendment as compared with the earlier Directive. The obligation to transpose the provisions which are unchanged arises under the earlier Directive.

(41)  This Directive should be without prejudice to the obligations of the Member States relating to the time limit for transposition into national law of the Directive set out in Part B of Annex I to Directive 2008/95/EC.

(41a)  The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council(13) and delivered an opinion on 11 July 2013(14), [Am. 13]

HAVE ADOPTED THIS DIRECTIVE:

Chapter 1

General provisions

Article 1

Scope

This Directive shall apply to every trade mark in respect of goods or services which is the subject of registration or of an application in a Member State for registration in a Member State as an individual trade mark, a collective mark or a guarantee or certification mark, or which is the subject of a registration or an application for registration in the Benelux Office for Intellectual Property or of an international registration having effect in a Member State. [Am. not concerning all languages]

Article 2

Definitions

For the purpose of this Directive, the following definitions shall apply:

(a)  ‘office’ means the central industrial property office of the Member State or the Benelux Office for Intellectual Property entrusted with the registration of trade marks;

(b)  ‘Agency’ means the European Union Trade Marks and Designs Intellectual Property Agency established in accordance with Article 2 of Regulation (EC) No 207/2009; [Am. 15. This amendment applies throughout the text]

(c)  ‘register’ means the register of trade marks kept by an office;

(ca)  ‘earlier trade marks’ means:

(i)  trade marks of the following kinds with a date of application for registration which is earlier than the date of application for registration of the trade mark, taking account, where appropriate, of the priorities claimed in respect of those trade marks:

—  European Union trade marks;

—  trade marks registered in the Member State or, in the case of Belgium, Luxembourg or the Netherlands, at the Benelux Office for Intellectual Property;

—  trade marks registered under international arrangements which have effect in the Member State;

(ii)  European Union trade marks which validly claim seniority, in accordance with Regulation (EC) No 207/2009, to a trade mark referred to in the second and third indents of point (i), even when the latter trade mark has been surrendered or allowed to lapse;

(iii)  applications for the trade marks referred to in points (i) and (ii), subject to their registration;

(iv)  trade marks which, on the date of application for registration of the trade mark, or, where appropriate, of the priority claimed in respect of the application for registration of the trade mark, are well known in a Member State, in the sense in which the words ‘well known’ are used in Article 6 bis of the Paris Convention; [Am. 16]

(cb)  ‘guarantee or certification mark’ means a trade mark which is described as such when the mark is applied for and which is capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of geographical origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from those goods and services which are not; [Am. 17]

(cc)  ‘collective mark’ means a trade mark which is described as such when the mark is applied for and which is capable of distinguishing the goods or services of the members of an association which is the proprietor of the mark from the goods or services of other undertakings. [Am. 18]

Chapter 2

 The law on trade marks 

Section 1

 Signs of which a trade mark may consist 

Article 3

Signs of which a trade mark may consist

A trade mark may consist of any signs, in particular words, including personal names, designs, letters, numerals, colours as such, the shape of goods or of their packaging, or sounds, provided that generally available technology is used and such signs are capable of:

(a)  distinguishing the goods or services of one undertaking from those of other undertakings; and

(b)  being represented in the register in a manner which enables the competent authorities and the public to determine the precise subject of the protection afforded to its proprietor. [Am. 19]

Section 2

 Grounds for refusal or invalidity 

Article 4

Absolute grounds for refusal or invalidity

1.  The following shall not be registered or, if registered, shall be liable to be declared invalid:

(a)  signs which cannot constitute a trade mark;

(b)  trade marks which are devoid of any distinctive character;

(c)  trade marks which consist exclusively of signs or indications which may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or of rendering of the service, or other characteristics of the goods or services;

(d)  trade marks which consist exclusively of signs or indications which have become customary in the current language or in the bona fide and established practices of the trade;

(e)  signs which consist exclusively of:

(i)  the shape which results from the nature of the goods themselves;

(ii)  the shape of goods which is necessary to obtain a technical result;

(iii)  the shape which gives substantial value to the goods;

(f)  trade marks which are contrary to public policy or to accepted principles of morality;

(g)  trade marks which are of such a nature as to deceive the public, for instance as to the nature, quality or geographical origin of the goods or service;

(h)  trade marks which have not been authorised by the competent authorities and are to be refused or invalidated pursuant to Article 6 ter of the Paris Convention for the Protection of Industrial Property, hereinafter referred to as the ‘Paris Convention’;

(i)  trade marks which are excluded from registration and shall not continue to be used pursuant to Union legislation or international agreements to which the Union is party, providing for protection of designations of origin and geographical indications;

(j)  trade marks which are excluded from registration pursuant to Union legislation or international agreements to which the Union is party, providing for protection of spirit drinks, traditional terms for wine and traditional specialities guaranteed; [Am. 20]

(ja)  trade marks which contain or consist of an earlier variety denomination registered in accordance with Council Regulation (EC) No 2100/94(15) with respect to the same type of product. [Am. 21]

2.  Paragraph 1 shall apply notwithstanding that the grounds of non-registrability obtain:

(a)  in other Member States than those where the application for registration was filed;

(b)  only where a trade mark in a foreign language is translated or transcribed in any script or official language of the Member States. [Am. 22]

3.  A trade mark shall be liable to be declared invalid where the application for registration of the trade mark was made in bad faith by the applicant. Any Member State may also provide that such a trade mark shall not be registered.

4.  Any Member State may provide that a trade mark shall not be registered or, if registered, shall be liable to be declared invalid where and to the extent that:

(a)  the use of that trade mark may be prohibited pursuant to provisions of law other than trade mark law of the Member State concerned or of the Union;

(b)  the trade mark covers a sign of high symbolic value, in particular a religious symbol;

(c)  the trade mark includes badges, emblems and escutcheons other than those covered by Article 6 ter of the Paris Convention and which are of public interest, unless the consent of the competent authority to their registration has been given in conformity with the legislation of the Member State.

5.  A trade mark shall not be refused registration or be declared invalid in accordance with paragraph 1(b), (c) or (d) if, before the date of application for registration or after the date of registration, and following the use which has been made of it, it has acquired a distinctive character. A trade mark shall not be declared invalid in accordance with paragraph 1(b), (c) or (d) if, before the date of application for invalidity, and following the use which has been made of it, it has acquired a distinctive character. [Am. 23]

6.  Any Member State may provide that paragraph 5 shall also apply where the distinctive character was acquired after the date of application for registration and before the date of registration.

Article 5

Relative grounds for refusal or invalidity

1.  A trade mark shall not be registered or, if registered, shall be liable to be declared invalid:

(a)  if it is identical with an earlier trade mark, and the goods or services for which the trade mark is applied for or is registered are identical with the goods or services for which the earlier trade mark is protected;

(b)  if because of its identity with, or similarity to, the earlier trade mark and the identity or similarity of the goods or services covered by the trade marks, there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association with the earlier trade mark.

2.  ‘Earlier trade marks’ within the meaning of paragraph 1 means:

(a)  trade marks of the following kinds with a date of application for registration which is earlier than the date of application for registration of the trade mark, taking account, where appropriate, of the priorities claimed in respect of those trade marks;

(i)  European trade marks;

(ii)  trade marks registered in the Member State or, in the case of Belgium, Luxembourg or the Netherlands, at the Benelux Office for Intellectual Property;

(iii)  trade marks registered under international arrangements which have effect in the Member State;

(b)  European trade marks which validly claim seniority, in accordance with Regulation (EC) No 207/2009, from a trade mark referred to in points (a)(ii) and (iii), even when the latter trade mark has been surrendered or allowed to lapse;

(c)  applications for the trade marks referred to in points (a) and (b), subject to their registration;

(d)  trade marks which, on the date of application for registration of the trade mark, or, where appropriate, of the priority claimed in respect of the application for registration of the trade mark, are well known in a Member State, in the sense in which the words ‘well known’ are used in Article 6 bis of the Paris Convention. [Am. 24]

3.  A trade mark shall not be registered or, if registered, shall be liable to be declared invalid:

(a)  if it is identical with, or similar to, an earlier trade mark irrespective of whether the goods or services for which it is applied or registered are identical with, similar to or not similar to those for which the earlier trade mark is registered, where the earlier trade mark has a reputation in a the Member State in respect of which registration is applied for or in which the trade mark is registered or, in the case of a European Union trade mark, has a reputation in the Union and the use of the later trade mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark; [Am. 25]

(b)  where an agent or representative of the proprietor of the trade mark applies for registration thereof in his own name without the proprietor’s authorisation, unless the agent or representative justifies his action;

(c)  where the trade mark is liable to be confused with an earlier mark protected outside the Union, provided that the mark was still in genuine use at the date of the application and the applicant was acting in bad faith.

(d)  if it is excluded from registration and shall not continue to be used pursuant to Union legislation providing for protection of designations of origin and geographical indications. [Am. 26]

4.  Any Member State may provide that a trade mark shall not be registered or, if registered, shall be liable to be declared invalid where, and to the extent that:

(a)  rights to a non-registered trade mark or to another sign used in the course of trade were acquired prior to the date of application for registration of the subsequent trade mark, or the date of the priority claimed for the application for registration of the subsequent trade mark, and that non-registered trade mark or other sign confers on its proprietor the right to prohibit the use of a subsequent trade mark;

(b)  the use of the trade mark may be prohibited by virtue of an earlier right other than the rights referred to in paragraph 2 and point (a) of this paragraph and in particular:

(i)  a right to a name;

(ii)  a right of personal portrayal;

(iii)  a copyright;

(iv)  an industrial property right.

5.  The Member States may shall permit that in appropriate circumstances registration need not be refused or the trade mark need not be declared invalid where the proprietor of the earlier trade mark or other earlier right consents to the registration of the later trade mark. [Am. 27]

6.  Any Member State may provide that, by derogation from paragraphs 1 to 5, the grounds for refusal of registration or invalidity in force in that State prior to the date of the entry into force of the provisions necessary to comply with Directive 89/104/EEC, shall apply to trade marks for which application has been made prior to that date.

Article 6

Establishment a posteriori of invalidity or revocation of a trade mark

Where the seniority of a national trade mark which has been surrendered or allowed to lapse is claimed for a European Union trade mark, the invalidity or revocation of the national trade mark may be established a posteriori, provided that the invalidity or revocation could also have been declared at the time the mark was surrendered or allowed to lapse. In such a case the seniority shall cease to produce its effects.

Article 7

 Grounds for refusal or invalidity relating to only some of the goods or services 

Where grounds for refusal of registration or for invalidity of a trade mark exist in respect of only some of the goods or services for which that trade mark has been applied or registered, refusal of registration or invalidity shall cover those goods or services only. 

Article 8

Lack of distinctive character or of reputation of an earlier trade mark precluding a declaration of invalidity of a registered trade mark

A registered trade mark shall not be declared invalid on the basis of an earlier trade mark in any of the following cases:

(a)  where the earlier trade mark, liable to be declared invalid pursuant to Article 4(1)(b), (c) or (d), had not acquired a distinctive character in accordance with Article 4(5) at the filing date or the priority date of the registered trade mark;

(b)  where the application for a declaration of invalidity is based on Article 5(1)(b) and the earlier trade mark had not become sufficiently distinctive to support a finding of likelihood of confusion within the meaning of Article 5(1)(b) at the filing date or the priority date of the registered trade mark;

(c)  where the application for a declaration of invalidity is based on point (a) of Article 5(3) and the earlier trade mark did not have a reputation within the meaning of point (a) of Article 5(3) at the filing date or the priority date of the registered trade mark. [Am. 28]

Article 9

Preclusion of a declaration of invalidity in consequence of acquiescence

1.  Where, in a Member State, the proprietor of an earlier trade mark as referred to in Article 5(2) and point (a) of Article 5(3) has acquiesced, for a period of five successive years, in the use of a later trade mark registered in that Member State while being aware of such use, he shall no longer be entitled on the basis of the earlier trade mark to apply for a declaration that the later trade mark is invalid in respect of the goods or services for which the later trade mark has been used, unless registration of the later trade mark was applied for in bad faith. [Am. 29]

2.  Any Member State may provide that paragraph 1 shall apply to the proprietor of any other earlier right referred to in Article 5(4)(a) or (b).

3.  In the cases referred to in paragraphs 1 and 2, the proprietor of a later registered trade mark shall not be entitled to oppose the use of the earlier right, even though that right may no longer be invoked against the later trade mark.

Section 3

Rights conferred and limitations

Article 10

Rights conferred by a trade mark

1.  The registration of a trade mark shall confer on the proprietor exclusive rights.

2.  Without prejudice to the rights of proprietors acquired before the filing date or the priority date of the registered trade mark, the proprietor of a registered trade mark shall be entitled to prevent all third parties not having his consent from using in the course of trade any sign in relation to goods or services where :

(a)  the sign is identical with the trade mark and is used in relation to goods or services which are identical with those for which the trade mark is registered and where such use affects or is liable to affect the function of the trade mark to guarantee to consumers the origin of the goods or services;

(b)  without prejudice to point (a), the sign is identical, or similar to, the trade mark and is used for goods or services which are identical with or similar to the goods or services for which the trade mark is registered, if there exists a likelihood of confusion on the part of the public; the likelihood of confusion includes the likelihood of association between the sign and the trade mark;

(c)  the sign is identical with, or similar to, the trade mark irrespective of whether it is used in relation to goods or services which are identical with, similar or not similar to those for which the trade mark is registered, where the latter has a reputation in the Member State and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.

3.  The following, in particular, may be prohibited under paragraph 2:

(a)  affixing the sign to the goods or to the packaging thereof;

(b)  offering the goods, or putting them on the market or stocking them for these purposes under that sign, or offering or supplying services thereunder;

(c)  importing or exporting the goods under the sign;

(d)  using the sign as a trade or company name or part of a trade or company name;

(e)  using the sign on business papers and in advertising;

(f)  using the sign in comparative advertising in a way which is contrary to Directive 2006/114/EC.

4.  The proprietor of a registered trade mark shall also be entitled to prevent the importing into the Union of goods pursuant to paragraph 3(c) delivered in small consignments as defined by Regulation (EU) No 608/2013 where only the consignor of the goods acts for commercial purposes in the course of trade and where such goods, including packaging, bear without authorisation a trade mark which is identical to the trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark. In cases where such measures are taken, Member States shall ensure that the individual or entity that ordered the goods is informed of the reason for the measures as well as of their legal rights vis-à-vis the consignor.

5.  Without prejudice to WTO rules, in particular Article V of the GATT on freedom of transit, the proprietor of a registered trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Member State where the trade mark is registered without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical to the trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark. [Ams 30 and 56]

6.  Where, under the law of a Member State, the use of a sign under the conditions referred to in paragraph 2, point (b) or (c) could not be prohibited before the date of entry into force of the provisions necessary to comply with First Council Directive 89/104/EEC(16) in the Member State concerned, the rights conferred by the trade mark may not be relied on to prevent the continued use of the sign.

7.  Paragraphs 1, 2, 3 and 6 shall not affect provisions in any Member State relating to the protection against the use of a sign other than for the purposes of distinguishing goods or services, where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the trade mark.

Article 11

Infringement of the rights of the proprietor by use of get-up, packaging or other means

Where it is likely that the get-up, packaging or other means to which the mark is affixed will be used in relation to goods or services and the use in relation to those goods or services would constitute an infringement of the rights of the proprietor under Article 10(2) and (3), the proprietor shall have the right to prohibit the following:

(a)  affixing in the course of trade a sign that is, as specified in Article 5(1) of this Directive, identical with or similar to the trade mark on get-up, packaging or, labels, tags, security features, authenticity devices or any other means on which the mark may be affixed; [Am. 31]

(b)  offering or placing on the market, or stocking for those purposes, or importing or exporting get-up, packaging or, labels, tags, security features, authenticity devices or any other means on which the mark is affixed. [Am. 32]

Article 12

Reproduction of trade marks in dictionaries

If the reproduction of a trade mark in a dictionary, encyclopaedia or similar reference work gives the impression that it constitutes the generic name of the goods or services for which the trade mark is registered, the publisher of the work shall, at the request of the proprietor of the trade mark, ensure that the reproduction of the trade mark at the latest in the next edition of the publication is accompanied by an indication that it is a registered trade mark.

Article 13

Prohibition of the use of a trade mark registered in the name of an agent or representative

1.  Where a trade mark is registered in the name of the agent or representative of a person who is the proprietor of that trade mark, without the proprietor's consent, the latter shall be entitled to either of the following:

(a)  to oppose the use of his mark by his agent or representative;

(b)  to demand from the agent or representative the assignment of the trade mark in his favour.

2.  Paragraph 1 shall not apply where the agent or representative justifies his action.

Article 14

Limitation of the effects of a trade mark

1.  The trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade:

(a)  his own personal name or address;

(b)  signs or indications which are not distinctive or which concern the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of the service, or other characteristics of goods or services;

(c)  the trade mark for the purpose of identifying or referring to goods or services as those of the proprietor of the trade mark, in particular where the use of the trade mark:

(i)  is necessary to indicate the intended purpose of a product or service, in particular as accessories or spare parts;

(ii)  is made in comparative advertising satisfying all conditions set forth in Directive 2006/114/EC;

(iii)  is made to bring to the attention of consumers the resale of genuine goods that have originally been sold by or with the consent of the proprietor of the trade mark;

(iv)  is made to put forward a legitimate alternative to the goods or services of the proprietor of the trade mark;

(v)  is made for the purposes of parody, artistic expression, criticism or comment.

The first subparagraph This paragraph shall only apply where the use made by the third party is in accordance with honest practices in industrial or commercial matters. [Am. 33]

2.  The use by the third party shall be considered not to be in accordance with honest practices, in particular in the following cases:

(a)  it gives the impression that there is a commercial connection between the third party and the proprietor of the trade mark;

(b)  it takes unfair advantage of or is detrimental to, the distinctive character or the repute of the trade mark without due cause. [Am. 34]

2a.  The trade mark shall not entitle the proprietor to prohibit a third party from using the trade mark for a due cause for any non-commercial use of a mark. [Am. 35]

3.  The trade mark shall not entitle the proprietor to prohibit a third party from using, in the course of trade, an earlier right which only applies in a particular locality if that right is recognised by the laws of the Member State in question and within the limits of the territory in which it is recognised.

Article 15

Exhaustion of the rights conferred by a trade mark

1.  The trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the Union under that trade mark by the proprietor or with his consent.

2.  Paragraph 1 shall not apply where there exist legitimate reasons for the proprietor to oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put on the market.

Article 16

Use of trade marks

1.  If, within a period of five years following the date of registration, the proprietor has not put the trade mark to genuine use in the Member State in connection with the goods or services in respect of which it is registered, or if such use has been suspended during an uninterrupted period of five years, the trade mark shall be subject to the limits and sanctions provided for in Article 17, Article 19(1), Article 46(1), and Article 48(3) and (4), unless there are proper reasons for non-use.

2.  Where a Member State provides for opposition proceedings following registration, the five years referred to in paragraph 1 shall be calculated from the date when the mark can no longer be opposed or, in case an opposition has been lodged and not withdrawn, from the date when a decision terminating the opposition proceedings has become final.

3.  With regard to trade marks registered under international arrangements which have effect in the Member State, the five years referred to in paragraph 1 shall be calculated from the date when the mark can no longer be rejected or opposed. Where an opposition has been lodged and not withdrawn, the period shall be calculated from the date when a decision terminating the opposition proceedings has become final.

3a.  The date of commencement of the period of five years referred to in paragraphs 1, 2 and 3 shall be entered in the register. [Am. 36]

4.  The following shall also constitute use within the meaning of paragraph 1:

(a)  use of the trade mark in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, regardless of whether or not the trade mark in the form as used is also registered in the name of the proprietor;

(b)  affixing of the trade mark to goods or to the packaging thereof in the Member State concerned solely for export purposes.

5.  Use of the trade mark with the consent of the proprietor shall be deemed to constitute use by the proprietor.

Article 17

Non-use as defence in infringement proceedings

The proprietor of a trade mark shall be entitled to prohibit the use of a sign only to the extent that his rights are not liable to be revoked pursuant to Article 19 at the time the infringement action is brought.

Article 18

Intervening right of the proprietor of a later registered trade mark as defence in infringement proceedings

1.  In infringement proceedings, the proprietor of a trade mark shall not be entitled to prohibit the use of a later registered mark where that later trade mark shall not be declared invalid pursuant to Articles 8, 9(1) and (2) and 48(3).

2.  In infringement proceedings, the proprietor of a trade mark shall not be entitled to prohibit the use of a later registered European Union trade mark where that later trade mark shall not be declared invalid pursuant to Article 53(3) and (4), Article 54(1) and (2) or Article 57(2) of Regulation (EC) No 207/2009.

3.  Where the proprietor of a trade mark shall not be entitled to prohibit the use of a later registered mark pursuant to paragraphs 1 or 2, the proprietor of that later registered trade mark shall not be entitled to prohibit the use of the earlier trade mark in infringement proceedings, even though that right may no longer be invoked against the later trade mark.

Section 4

 revocation of trade mark rights 

Article 19

Absence of genuine use as ground for revocation

1.  A trade mark shall be liable to revocation if, within a continuous period of five years, it has not been put to genuine use in the Member State in connection with the goods or services in respect of which it is registered, and there are no proper reasons for non-use.

2.  No person may claim that the proprietor’s rights in a trade mark should be revoked where, during the interval between expiry of the five-year period and filing of the application for revocation, genuine use of the trade mark has been started or resumed.

3.  The commencement or resumption of use within a period of three months preceding the filing of the application for revocation which began at the earliest on expiry of the continuous period of five years of non-use shall be disregarded where preparations for the commencement or resumption occur only after the proprietor becomes aware that the application for revocation may be filed.

Article 20

 Development into a common name or misleading indication as grounds for revocation 

A trade mark shall be liable to revocation if, after the date on which it was registered:

(a)  in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for a product or service in respect of which it is registered;

(b)  in consequence of the use made of it by the proprietor of the trade mark or with his consent in respect of the goods or services for which it is registered, it is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services.

Article 21

Revocation relating to only some of the goods or services

Where grounds for revocation of a trade mark exist in respect of only some of the goods or services for which that trade mark has been registered, revocation shall cover those goods or services only.

Section 5

Trade marks as objects of property

Article 22

Transfer of registered trade marks

1.  A trade mark may be transferred, separately from any transfer of the undertaking, in respect of some or all of the goods or services for which it is registered.

2.  A transfer of the whole of the undertaking shall include the transfer of the trade mark except where there is agreement to the contrary or circumstances clearly dictate otherwise. This provision shall apply to the contractual obligation to transfer the undertaking.

3.  Without prejudice to paragraph 2, an assignment of the trade mark shall be made in writing and shall require the signature of the parties to the contract, except when it is a result of a judgment; otherwise it shall be void. [Am. 37]

4.  On request of one of the parties a transfer shall be entered in the register and published, if the requesting party has provided to the office documentary evidence of the transfer. [Am. 38]

5.  As long as the application for registration of the transfer has not been entered in the register received by the office, the successor in title may not invoke the rights arising from the registration of the trade mark against third parties. [Am. 39]

6.  Where there are time limits to be observed vis-à-vis the office, the successor in title may make the corresponding statements to the office once the request for registration of the transfer has been received by the office.

Article 23

Rights in rem

1.  A trade mark may, independently of the undertaking, be given as security or be the subject of rights in rem.

2.  On request of one of the parties, the rights referred to in paragraph 1 shall be entered in the register and published.

Article 24

Levy of execution

1.  A trade mark may be levied in execution.

2.  On request of one of the parties, levy of execution shall be entered in the register and published.

Article 25

Insolvency proceedings

Where a trade mark is involved in insolvency proceedings, on request of the competent authority an entry to this effect shall be made in the register and published.

Article 26

Licensing

1.  A trade mark may be licensed for some or all of the goods or services for which it is registered and for the whole or part of the Member State concerned. A licence may be exclusive or non-exclusive.

2.  The proprietor of a trade mark may invoke the rights conferred by that trade mark against a licensee who contravenes any provision in his licensing contract with regard to:

(a)  its duration;

(b)  the form covered by the registration in which the trade mark may be used;

(c)  the scope of the goods or services for which the licence is granted;

(d)  the territory in which the trade mark may be affixed; or

(e)  the quality of the goods manufactured or of the services provided by the licensee.

3.  Without prejudice to the provisions of the licensing contract, the licensee may bring proceedings for infringement of a trade mark only if its proprietor consents thereto. However, the holder of an exclusive licence may bring such proceedings if the proprietor of the trade mark, after formal notice, does not himself bring infringement proceedings within an appropriate period.

4.  A licensee shall, for the purpose of obtaining compensation for damage suffered by him, be entitled to intervene in infringement proceedings brought by the proprietor of the trade mark.

5.  On request of one of the parties the grant or transfer of a licence in respect of a trade mark shall be entered in the register and published.

Article 27

The application for a trade mark as an object of property

Articles 22 to 26 shall apply to applications for trade marks.

Section 6

Guarantee marks, certification marks and collective marks

Article 28

Definitions

For the purposes of this section, the following shall apply:

(1)  ‘Guarantee or certification mark’ means a trade mark which is described as such when the mark is applied for and is capable of distinguishing goods or services which are certified by the proprietor of the mark in respect of geographical origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods and services which are not so certified;

(2)  ‘Collective mark’ means a trade mark which is described as such when the mark is applied for and is capable of distinguishing the goods or services of the members of an association which is the proprietor of the mark from the goods or services of other undertakings. [Am. 40]

Article 29

Guarantee marks and certification marks

1.  Member States may provide for the registration of guarantee or certification marks. 

2.  Member States may provide that guarantee or certification marks shall not be registered, or shall be revoked or declared invalid, on grounds other than those specified in Articles 3,19 and 20 where the function of those marks so requires.

3.  A guarantee or certification mark consisting of signs or indications which may serve, in trade, to designate the geographical origin of the goods or services shall not entitle the proprietor to prohibit a third party from using in the course of trade such signs or indications, provided he uses them in accordance with honest practices in industrial or commercial matters. In particular, such a mark may not be invoked against a third party who is entitled to use a geographical name.

Article 30

 Collective marks 

1.  Member States shall provide for the registration of collective marks.

2.  Associations of manufacturers, producers, suppliers of services, or traders which, under the terms of the law governing them, have the capacity in their own name to have rights and obligations of all kinds, to make contracts or accomplish other legal acts and to sue and be sued, as well as legal persons governed by public law, may apply for collective marks.

3.  By way of derogation from Article 4(1)(c), signs or indications which may serve, in trade, to designate the geographical origin of the goods or services may constitute collective marks.

A collective mark shall not entitle the proprietor to prohibit a third party from using in the course of trade such signs or indications, provided he uses them in accordance with honest practices in industrial or commercial matters. In particular, such a mark may not be invoked against a third party who is entitled to use a geographical name. 

Article 31

Regulations governing use of the collective mark

1.  An applicant for a collective mark shall submit the regulations governing its use to the office. [Am. 41]

2.  The regulations governing use shall specify the persons authorised to use the mark, the conditions of membership of the association and the conditions of use of the mark, including sanctions. The regulations governing use of a mark referred to in Article 30(3) shall authorise any person whose goods or services originate in the geographical area concerned to become a member of the association which is the proprietor of the mark.

Article 32

Refusal of the application

1.  In addition to the grounds for refusal of a trade mark application provided for in Articles 4 and 5, an application for a collective mark shall be refused where the provisions of Articles 28(2), 30 or 31 are not satisfied, or where the regulations governing use are contrary to public policy or to accepted principles of morality.

2.  An application for a collective mark shall also be refused if the public is liable to be misled as regards the character or the significance of the mark, in particular if it is likely to be taken to be something other than a collective mark.

3.  An application shall not be refused if the applicant, as a result of amendment of the regulations governing use, meets the requirements of paragraphs 1 and 2.

Article 33

Use of collective marks

The requirements of Article 16 shall be satisfied where genuine use of a collective mark in accordance with Article 16 is made by any person who has authority to use it.

Article 34

Amendment to the regulations governing use of the collective mark

1.  The proprietor of a collective mark shall submit to the office any amended regulations governing use.

2.  The amendment shall be mentioned in the register unless the amended regulations do not satisfy the requirements of Article 31 or involve one of the grounds for refusal referred to in Article 32.

3.  Article 42(2) shall apply to amended regulations governing use.

4.  For the purposes of this Directive, amendments to the regulations governing use shall take effect only from the date of entry of the mention of the amendment in the register.

Article 35

Persons who are entitled to bring an action for infringement

1.  Article 26(3) and (4) shall apply to every person who has authority to use a collective mark.

2.  The proprietor of a collective mark shall be entitled to claim compensation on behalf of persons who have authority to use the mark where those persons have sustained damage in consequence of unauthorised use of the mark.

Article 36

Additional grounds for revocation

In addition to the grounds for revocation provided for in Articles 19 and 20, the rights of the proprietor of a collective mark shall be revoked on application to the office or on the basis of a counterclaim in infringement proceedings on the following grounds:

(a)  the proprietor does not take reasonable steps to prevent the mark being used in a manner incompatible with the conditions of use laid down in the regulations governing use, amendments to which have, where appropriate, been mentioned in the register;

(b)  the manner in which the mark has been used by authorised persons has caused it to become liable to mislead the public in the manner referred to in Article 32(2);

(c)  an amendment to the regulations governing use of the mark has been mentioned in the register in breach of Article 34(2), unless the proprietor of the mark, by further amending the regulations governing use, complies with the requirements of that Article.

Article 37

Additional grounds for invalidity

In addition to the grounds for invalidity provided for in Articles 4 and 5, a collective mark which is registered in breach of the provisions of Article 32 shall be declared invalid unless the proprietor of the mark, by amending the regulations governing use, complies with the requirements of Article 32.

Chapter 3

Procedures

Section 1

Application and registration

Article 38

Conditions with which applications must comply

1.  An application for registration of a trade mark shall contain at least[Am. 42]

(a)  a request for the registration,

(b)  information identifying the applicant,

(c)  a list of the goods or services in respect of which the registration is requested,

(d)  a representation of the trade mark.

2.  The application for a trade mark shall be subject to the payment of an application fee and, where appropriate, one or more class fees.

Article 39

Date of filing

1.  The date of filing of a trade mark application shall be the date on which the documents containing the information specified in Article 38 are filed with the office by the applicant.

2.  Member States may, in addition, provide that the accordance of the date of filing shall be subject to the payment of the basic application or registration fee.

Article 40

Designation and classification of goods and services

1.  The goods and services in respect of which registration is applied for shall be classified in conformity with the system of classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957 (hereinafter referred to as the ‘Nice Classification’).

2.  The goods and services for which the protection is sought shall be identified by the applicant with sufficient clarity and precision to enable the competent authorities and economic operators, on that sole basis, to determine the extent of the protection sought. The list of goods and services shall allow each item to be classified in only one class of the Nice Classification.

3.  For the purposes of paragraph 2, the general indications included in the class headings of the Nice Classification or other general terms may be used, provided that they comply with the requisite standards of clarity and precision.

4.  The office shall reject the application in respect of terms which are unclear or imprecise if the applicant does not suggest an acceptable wording within a period set by the office to that effect. In the interest of clarity and legal certainty, the offices in cooperation with each other shall compile a list reflecting their respective administrative practices with regard to the classification of goods and services.

5.  The use of general terms, including the general indications of the class headings of the Nice Classification, shall be interpreted as including all the goods or services clearly covered by the literal meaning of the indication or term. The use of such terms or indications shall not be interpreted as comprising a claim to goods or services which cannot be so understood.

6.  Where the applicant requests registration for more than one class, the goods and services shall be grouped applicant shall group the goods and services according to the classes of the Nice classification, each group being preceded by the number of the class to which that group of goods or services belongs, and presented shall present them in the order of the classes. [Am. 43]

7.  The classification of goods and services shall serve exclusively administrative purposes. Goods and services shall not be regarded as being similar to each other on the ground that they appear in the same class under the Nice Classification, and goods and services shall not be regarded as being dissimilar from each other on the ground that they appear in different classes under the Nice Classification.

Article 41

Ex officio examination

The offices shall limit their examination ex officio of whether a trade mark application is eligible for registration to the absence of the absolute grounds for refusal provided for in Article 4. [Am. 44]

Article 42

Observations by third parties

1.  Prior to registration of a trade mark, any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers may submit to the office written observations, explaining on which of the grounds listed in Article 4 the trade mark shall not be registered ex officio. They shall not be parties to the proceedings before the office.

2.  In addition to the grounds referred to in paragraph 1, any natural or legal person and any group or body representing manufacturers, producers, suppliers of services, traders or consumers may submit to the office written observations based on the particular grounds on which the application for a collective mark should be refused under Article 32(1) and (2).

2a.  Member States which have established opposition procedures based on absolute grounds provided for by Article 4 shall not be required to implement this Article. [Am. 45]

Article 43

Division of applications and registrations

The applicant or proprietor may divide a trade mark application or registration into one or more separate applications or registrations by submitting a declaration to the office.

Article 44

Fees

The registration and renewal of a trade mark shall be subject to an additional fee for each class of goods and services beyond the first class.

Section 2

Procedures for opposition, revocation and invalidity

Article 45

Opposition procedure

1.  Member States shall provide for an efficient and expeditious administrative procedure before their offices for opposing the registration of a trade mark application on the grounds provided for in Article 5.

2.  The administrative procedure referred to in paragraph 1 shall provide that at least the proprietor of an earlier right referred to in Article 4(1)(i), Article 5(2) and point (a) of Article 5(3) shall be able to file a notice of opposition. A notice of opposition may be filed on the basis of one or more earlier rights, provided that they all belong to the same proprietor, and on the basis of a part or of the totality of the goods or services in respect of which the earlier right is registered or applied for, and may be directed against a part or the totality of the goods or services in respect of which the contested mark is applied for. [Am. 46]

3.  The parties shall, at their joint request, be granted a period of time of at least a minimum of two months before within the opposition proceedings commence in order to negotiate the possibility of an amicable settlement between the opposing party and the applicant. [Am. 47]

Article 46

Non-use as defence in opposition proceedings

1.  In administrative opposition proceedings, where at the filing date or date of priority of the later trade mark, the period of five years within which the earlier trade mark must have been put to genuine use as provided for in Article 16 had expired, upon request of the applicant the proprietor of the earlier trade mark who has given notice of opposition shall furnish proof that the earlier trade mark has been put to genuine use as provided for in Article 16 during the period of five years preceding the filing date or date of priority of the later trade mark, or that proper reasons for non-use existed. In the absence of proof to this effect the opposition shall be rejected.

2.  If the earlier trade mark has been used in relation to only part of the goods or services for which it is registered, it shall, for the purpose of the examination of the opposition as provided for in paragraph 1, be deemed to be registered in respect only of that part of the goods or services.

3.  Paragraphs 1 and 2 shall apply where the earlier trade mark is a European Union trade mark. In such a case, the genuine use of the European Union trade mark shall be determined in accordance with Article 15 of Regulation (EC) No 207/2009.

Article 47

Procedure for revocation or declaration of invalidity

1.  Member States shall provide for an efficient and expeditious administrative procedure before their offices for revocation or declaration of invalidity of a trade mark. [Am. 48]

2.  The administrative procedure for revocation shall provide that the trade mark shall be revoked on the grounds provided for in Articles 19 and 20.

3.  The administrative procedure for invalidity shall provide that the trade mark shall be declared invalid at least on the following grounds:

(a)  the trade mark should not have been registered because it does not comply with the requirements provided for in Article 4;

(b)  the trade mark should not have been registered because of the existence of an earlier right within the meaning of Article 5(2) and (3).

4.  The administrative procedure shall provide that at least the following shall be able to file an application for revocation or for a declaration of invalidity:

(a)  in the case of paragraph 2 and of point (a) of paragraph 3, any natural or legal person and any group or body set up for the purpose of representing the interests of manufacturers, producers, suppliers of services, traders or consumers, which under the terms of the law governing it has the capacity to sue in its own name and to be sued;

(b)  in the case of point (b) of paragraph 3, the proprietor of an earlier right referred to in Article 5(2) and (3).

4a.  An application for revocation or for a declaration of invalidity may be directed against a part or the totality of the goods or services in respect of which the contested mark is registered. [Am. 49]

4b.  An application for a declaration of invalidity may be filed on the basis of one or more earlier rights, provided they all belong to the same proprietor. [Am. 50]

Article 48

Non-use as defence in proceedings seeking a declaration of invalidity

1.  In administrative proceedings for a declaration of invalidity based on a registered trade mark with an earlier filing date or priority date, if the proprietor of the later trade mark so requests, the proprietor of the earlier trade mark shall furnish proof that, during the period of five years preceding the date of the application for a declaration of invalidity, the earlier trade mark has been put to genuine use as provided for in Article 16 in connection with the goods or services in respect of which it is registered and which he cites as justification for his application, or that there are proper reasons for non-use, provided that the period of five years within which the earlier trade mark must have been put to genuine use has expired at the date of the application for a declaration of invalidity. [Am. 51]

2.  Where, at the filing date or date of priority of the later trade mark, the period of five years within which the earlier trade mark must have been put to genuine use as provided for in Article 16 had expired, the proprietor of the earlier trade mark shall, in addition to the proof required in paragraph 1, furnish proof that the trade mark has been put to genuine use during the period of five years preceding the filing date or date of priority, or that proper reasons for non-use existed.

3.  In the absence of the proofs referred to in paragraphs 1 and 2, the application for a declaration of invalidity on the basis of an earlier trade mark shall be rejected.

4.  If the earlier trade mark has been used in accordance with Article 16 in relation to only part of the goods or services for which it is registered, it shall, for the purpose of the examination of the application for a declaration of invalidity, be deemed to be registered in respect only of that part of the goods or services.

5.  Paragraphs 1 to 4 shall apply where the earlier trade mark is a European Union trade mark. In such a case, genuine use of the European Union trade mark shall be determined in accordance with Article 15 of Regulation (EC) No 207/2009.

Article 49

Consequences of revocation and invalidity

1.  A registered trade mark shall be deemed not to have had, as from the date of the application for revocation, the effects specified in this Directive, to the extent that the rights of the proprietor have been revoked. An earlier date, on which one of the grounds for revocation occurred, may be fixed in the decision at the request of one of the parties.

2.  A registered trade mark shall be deemed not to have had, as from the outset, the effects specified in this Directive, to the extent that the trade mark has been declared invalid.

Section 3

Duration and renewal of registration

Article 50

Duration of registration

1.  Trade marks shall be registered for a period of 10 years from the date of filing of the application.

2.  Registration may be renewed in accordance with Article 51 for further periods of 10 years.

Article 51

Renewal

1.  Registration of a trade mark shall be renewed at the request of the proprietor of the trade mark or any person authorised by him, provided that the renewal fees have been paid.

2.  The office shall inform the proprietor of the trade mark, and any person having a registered right in respect of the trade mark, of the expiry of the registration in good time before the said expiry. Failure to give such information shall not involve the responsibility of the office.

3.  The request for renewal shall be submitted and the renewal fees shall be paid within a period of six months ending on the last day of the month in which protection ends. Failing this, the request may be submitted within a further period of six months following the day referred to in the first sentence. The renewal fees and an additional fee shall be paid within that further period.

4.  Where the request is submitted or the fees paid in respect of only some of the goods or services for which the trade mark is registered, registration shall be renewed for those goods or services only.

5.  Renewal shall take effect from the day following the date on which the existing registration expires. The renewal shall be registered and published.

Section 3a

Communication with the office

Article 51a

Communication with the office

Parties to the proceedings or, where appointed, their representatives, shall designate an official address within one of the Member States for all official communication with the office. [Am. 53]

Chapter 4

Administrative cooperation

Article 52

Cooperation in the area of trade mark registration and administration

Member States shall ensure that the offices cooperate effectively with each other and with the Agency in order to promote convergence of practices and tools and achieve with a view to achieving more coherent results in the examination and registration of trade marks. [Am. 52]

Article 53

Cooperation in other areas

Member States shall ensure that the offices effectively cooperate with the Agency in all areas of their activities other than those referred to in Article 52 which are of relevance for the protection of trade marks in the Union. [Am. 54]

Chapter 5

Final provisions

Article 54

Transposition

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 2 to 6, 8 to 14, 16, 17, 18, 22 to 28, and 30 to 53 by 24 months after entry into force of this Directive at the latest. They shall forthwith communicate to the Commission the text of those provisions.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directive repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

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

Article 55

Repeal

Directive 2008/95/EC is repealed with effect from [day after the date set out in the first subparagraph of Article 54(1) of this Directive], without prejudice to the obligations of the Member States relating to the time limit for the transposition into national law of the Directive set out in Part B of Annex I to Directive 2008/95/EC.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in the Annex.

Article 56

Entry into force

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

Articles 1, 7, 15, 19, 20, 21 and 54 to 57 shall apply from [day after the date set out in the first subparagraph of Article 54(1) of this Directive].’

Article 57

Addressees

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX

Correlation Table

Directive 2008/95/EC

This Directive

Article 1

Article 1

---

Article 2

Article 2

Article 3

Article 3(1)(a) to (h)

Article 4(1)(a) to (h)

---

Article 4(1)(i) and (j)

---

Article 4(2) and (3), first sentence

Article 3(2)(a) to (c)

Article 4(4)(a) to (c)

Article 3(2)(d)

Article 4(3), second sentence

Article 3(3), first sentence

Article 4(5)

Article 3(3), second sentence

Article 4(6)

Article 4(1) and (2)

Article 5(1) and (2)

Article 4(3) and (4)(a)

Article 5(3)(a)

---

Article 5(3)(b)

Article 4(4)(g)

Article 5(3)(c)

---

Article 5(3)(d)

Article 4(4)(b) and (c)

Article 5(4)(a) and (b)

Article 4(4)(d) to (f)

---

Article 4(5) and (6)

Article 5(5) and (6)

---

Article 8

Article 5(1), first introductory sentence

Article 10(1)

Article 5(1), second introductory sentence

Article 10(2), introductory sentence

Article 5(1)(a) and (b)

Article 10(2)(a) and (b)

Article 5(2)

Article 10(2)

Article 5(3)(a) to (c)

Article 10(3)(a) to (c)

---

Article 10(3)(d)

Article 5(3)(d)

Article 10(3)(e)

---

Article 10(3)(f)

---

Article 10(4) and (5)

Article 5(4) and (5)

Article 10(6) and (7)

---

Article 11

---

Article 12

---

Article 13

Article 6(1)(a) to (c)

Article 14(1)(a) to (c)

---

Article 14(2)

Article 6(2)

Article 14(3)

Article 7

Article 15

Article 8(1) and (2)

Article 26(1) and (2)

---

Article 26(3) to (5)

Article 9

Article 9

Article 10(1), first subparagraph

Article 16(1)

---

Article 16(2) and (3)

Article 10(1), second subparagraph

Article 10(4)

Article 10(2)

Article 10(5)

Article 10(3)

---

Article 11(1)

Article 48(1) to (3)

Article 11(2)

Article 46(1)

Article 11(3)

Article 17

Article 11(4)

Articles 17, 46(2) and Article 48(4)

---

Article 18

Article 12(1), first subparagraph

Article 19(1)

Article 12(1), second subparagraph

Article 19(2)

Article 12(1), third subparagraph

Article 19(3)

Article 12(2)

Article 20

Article 13

Article 7 and Article 21

Article 14

Article 6

---

Articles 22 to 25

---

Article 27

---

Article 28

Article 15(1)

29(1) and (2)

Article 15(2)

Article 29(3)

---

Articles 30 to 54(1)

Article 16

Article 54(2)

Article 17

Article 55

Article 18

Article 56

Article 19

Article 57

_____________

(1) OJ C 327, 12.11.2013, p. 42.
(2) OJ C 77, 28.3.2002, p. 1.
(3)OJ C 327, 12.11.2013, p. 42.
(4) Position of the European Parliament of 25 February 2014.
(5)Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (OJ L 299, 8.11.2008, p. 25).
(6)Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ L 78, 24.3.2009, p. 1).
(7)COM(2008) 465.
(8)OJ C 140, 29.5.2010, p. 22.
(9)COM(2011) 287.
(10)OJ L 336, 23.12.1994, p. 213.
(11)Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (OJ L 376, 27.12.2006, p. 21).
(12) Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 28.6.2013, p. 15).
(13) 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).
(14) OJ C 32, 4.2.2014, p. 23.
(15) Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ L 227, 1.9.1994, p. 1).
(16) First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ L 40, 11.2.1989, p. 1).


Freezing and confiscation of proceeds of crime ***I
PDF 196kWORD 35k
Resolution
Text
European Parliament legislative resolution of 25 February 2014 on the proposal for a directive of the European Parliament and of the Council on the freezing and confiscation of proceeds of crime in the European Union (COM(2012)0085 – C7-0075/2012 – 2012/0036(COD))
P7_TA(2014)0120A7-0178/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0085),

–  having regard to Article 294(2) and Articles 82(2) and 83(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0075/2012),

–  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 11 July 2012(1),

–  having regard to the opinion of the Committee of the Regions of 10 October 2012(2),

–  having regard to the opinion of the European Union Agency for Fundamental Rights of 4 December 2012,

–  having regard to the undertaking given by the Council representative by letter of 3 December 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0178/2013),

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 25 February 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union

P7_TC1-COD(2012)0036


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/42/EU.)

(1) OJ C 299, 4.10.2012, p. 128.
(2) OJ C 391, 18.12.2012, p. 134.


European Union Agency for Law Enforcement Cooperation and Training (Europol) ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA (COM(2013)0173 – C7-0094/2013 – 2013/0091(COD))
P7_TA(2014)0121A7-0096/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0173),

–  having regard to Article 294(2) and Article 88 and Article 87(2)(b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0094/2013),

–  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 Belgian Chamber of Representatives, the German Bundesrat and the Spanish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

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

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Budgets, the Committee on Budgetary Control and the Committee on Constitutional Affairs (A7-0096/2014),

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

2.  Stresses that point 31 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management(1) shall apply for the extension of the mandate of Europol; emphasises that any decision of the legislative authority in favour of such an extension shall be without prejudice to the decisions of the budgetary authority in the context of the annual budgetary procedure;

3.  Requests the Commission, once the Regulation is agreed upon by the European Parliament and the Council, to fully take the agreement into account in order to meet the budgetary and staff requirements of Europol and its new tasks, in particular the European Cybercrime Centre, in accordance with paragraph 42 of the Joint Statement of the European Parliament, the Council of the EU, and the European Commission of 19 July 2012 on decentralised agencies;

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

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

Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council on the establishment of the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions Council Decision 2009/371/JHA and 2005/681/JHA [Am. 1]

P7_TC1-COD(2013)0091


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 88 and Article 87(2)(b) thereof, [Am. 2]

Having regard to the proposal from the European Commission,

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

After having consulted the European Data Protection Supervisor,

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

Whereas:

(1)  Europol was set up by Council Decision 2009/371/JHA(3) as an entity of the Union funded from the general budget of the Union to support and strengthen action by competent authorities of the Member States and their mutual cooperation in preventing and combating organised crime, terrorism and other forms of serious crime affecting two or more Member States. Decision 2009/371/JHA replaced the Convention based on Article K.3 of the Treaty on European Union (TEU), on the establishment of a European Police Office (Europol Convention)(4).

(2)  Article 88 of the Treaty on the Functioning of the European Union (TFEU) provides for Europol to be governed by a regulation to be adopted in accordance with the ordinary legislative procedure. It also requires the establishment of procedures for the scrutiny of Europol’s activities by the European Parliament, together with national parliaments, in accordance with Article 12(c) TEU and Article 9 of Protocol No 1 on the role of national parliaments in the European Union, in order to enhance the democratic legitimacy and accountability of Europol to the European citizens. Therefore, it is necessary to replace the Decision 2009/371/JHA by a regulation laying down rules on parliamentary scrutiny. [Am. 3]

(3)  The European Police College (‘CEPOL’) was established by Decision 2005/681/JHA(5) to facilitate cooperation between national police forces by organising and coordinating training activities with a European policing dimension. [Am. 4]

(4)  The ‘Stockholm Programme – An open and secure Europe serving and protecting citizens’(6) calls for Europol to evolve and become a “hub for information exchange between the law enforcement authorities of the Member States, a service provider and a platform for law enforcement services.” On the basis of an assessment of Europol’s functioning, further enhancement of its operational effectiveness is needed to meet this objective. The Stockholm Programme also sets the aim of creating a genuine European law enforcement culture by setting up European training schemes and exchange programmes for all relevant law enforcement professionals at national and Union level. [Am. 5]

(5)  Large-scale criminal and terrorist networks pose a significant threat to the internal security of the Union and to the safety and livelihood of its citizens. Available threat assessments show that criminal groups are becoming increasingly poly-criminal and cross-border in their activities. National law enforcement authorities therefore need to cooperate more closely with their counterparts in other Member States. In this context, it is necessary to equip Europol to support Member States more in Union-wide crime prevention, analyses and investigations. This has also been confirmed in the evaluations evaluation of Decisions Decision 2009/371/JHA and 2005/681/JHA. [Am. 6]

(6)  Given the links between the tasks of Europol and CEPOL, integrating and rationalising the functions of the two agencies would enhance the effectiveness of operational activity, the relevance of training and the efficiency of Union police cooperation. [Am. 7]

(7)  Decisions Decision 2009/371/JHA and 2005/681/JHA should therefore be repealed and replaced by this regulation, which draws on the lessons learnt from the implementation of both Decisions that Decision. The Europol agency as established by this regulation should replace and assume the functions of Europol and CEPOL as established by the two repealed Decisions Decision. [Am. 8]

(8)  As crime often occurs across internal borders, Europol should support and strengthen Member State actions and their cooperation in preventing and combating serious crime affecting two or more Member States. As terrorism is one of the most important threats presents a threat for the security of the Union, Europol should assist Member States in facing common challenges in this regard. As the EU law enforcement agency, Europol should also support and strengthen actions and cooperation on tackling forms of crime that affect the interests of the EU. It should also offer support in preventing and combating related criminal offences which are committed in order to procure the means, to facilitate, to carry out or to ensure the impunity of acts in respect of which Europol is competent. [Am. 9]

(9)  Europol should ensure better quality, coherent and consistent training for law enforcement officers of all ranks within a clear framework in accordance with identified training needs. [Am. 10]

(10)  Europol should be able to request Member States to initiate, conduct or coordinate criminal investigations in specific cases where cross-border cooperation would add value. Europol should inform Eurojust of such requests. Europol should justify the request. [Am. 11]

(10a)  Europol should keep a record of collaboration in the operations of joint investigation teams targeting criminal activities falling within its remit. [Am. 12]

(10b)  Whenever a cooperation between Europol and Member States has been established regarding a specific investigation, clear provisions should be drawn up between Europol and those Member States involved, outlining the specific tasks to be carried out, the degree of participation with the investigative or judicial proceedings of the Member states, and the division of responsibilities and the applicable law for the purposes of judicial oversight. [Am. 13]

(11)  To increase the effectiveness of Europol as a hub for information exchange in the Union, clear obligations for Member States to provide Europol with the data necessary for it to fulfil its objectives should be laid down. While implementing such obligations, Member States should must pay particular attention to providing only data relevant for the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the Union. Member States should also provide Europol with a copy of bilateral and multilateral exchanges of information with other Member States on crime falling under Europol’s objectives and also indicate the source of this information. At the same time, Europol should increase the level of its support to Member States, so as to enhance mutual cooperation and sharing of information. Europol should must submit an annual report to all Union institutions and to national parliaments on the extent to which individual Member States provide it with information. [Am. 14]

(12)  To ensure effective cooperation between Europol and Member States, a national unit should be set up in each Member State. It should be the principal liaison between national law enforcement authorities and training institutes and Europol. The role of the national Europol units as guarantors and defenders of national interests in the Agency should be maintained under the Regulation. National units should also continue to be the contact point between Europol and the competent authorities, thereby giving them a centralised and coordinating role in respect of all Member State cooperation with and through Europol, and thus ensuring that each Member State responds in a uniform way to Europol requests. To ensure continuous, effective exchange of information between Europol and national units and to facilitate their cooperation, each national unit should second at least one liaison officer to Europol. [Am. 15]

(13)  Taking into account the decentralised structure of some Member States and the need to ensure in certain cases rapid exchanges of information, Europol should be allowed to cooperate directly with law enforcement authorities in Member States in individual investigations, while keeping Europol national units informed.

(14)  To ensure that Union-level law enforcement training is of high quality, coherent and consistent, Europol should act in line with Union law enforcement training policy. Union-level training should be available to law enforcement officers of all ranks. Europol should ensure that training is evaluated and that conclusions from training needs assessments are part of planning to reduce duplication. Europol should promote the recognition in Member States of training provided at Union level. [Am. 16]

(15)  It is also necessary to improve the governance of Europol, by seeking efficiency gains and streamlining procedures.

(16)  The Commission and the Member States should be represented on the Management Board of Europol to effectively supervise its work. To reflect the dual mandate of the new agency, operational support and training for law enforcement, the full The members of the Management Board should be appointed on the basis of their knowledge of law enforcement cooperation, whereas alternate members should be appointed on the basis of their knowledge of training for law enforcement officers. Alternate members should act as full members in the absence of the full member and in any case when training is discussed or decided. The Management Board should be advised by a scientific committee on technical training issues. [Am. 17]

(17)  The Management Board should be given the necessary powers, in particular to set the budget, verify its execution, adopt the appropriate financial rules and planning documents, adopt measures to protect the financial interests of the Union and to fight against fraud, as well as adopt rules for the prevention and management of conflicts of interests, establish transparent working procedures for decision-making by the Executive Director of Europol, and adopt the annual activity report. It should exercise the powers of appointing authority towards staff of the agency including the Executive Director. To streamline the decision making process, and to reinforce supervision of administrative and budgetary management, the Management Board should be also entitled to establish an Executive Board. [Am. 18]

(18)  To ensure the efficient day-to-day functioning of Europol, the Executive Director should be its legal representative and manager, acting in complete independence in the performance of all tasks and ensuring that Europol carries out the tasks provided for by this Regulation. In particular, the Executive Director should be responsible for preparing budgetary and planning documents submitted for the decision of the Management Board, implementing the annual and multiannual work programmes of Europol and other planning documents.

(19)  For the purposes of preventing and combating crime falling under its objectives, it is necessary for Europol to have the fullest and most up-to-date information possible. Therefore, Europol should be able to process data provided to it by Member States, third countries, international organisations and Union bodies as well as coming from publicly available sources, as long as Europol can be considered to be lawful recipient of that data, to develop an understanding of criminal phenomena and trends, to gather information about criminal networks, and to detect links between different offences. [Am. 19]

(20)  To improve Europol’s effectiveness in providing accurate crime analyses to the Member States’ law enforcement authorities, it should use new technologies to process data. Europol should be able to swiftly detect links between investigations and common modi operandi across different criminal groups, to check cross-matches of data and to have a clear overview of trends, while maintaining guaranteeing high level of protection of personal data for individuals. Therefore, Europol databases should not be pre-defined, allowing Europol to choose the most efficient IT structure. To ensure a high level of data protection, the purpose of processing operations and access rights as well as specific additional safeguards should be laid down. The principles of relevance and proportionality must be observed with regard to personal data processing. [Am. 20]

(21)  To respect ownership of data and protection of information, Member States and authorities in third countries and international organisations should be able to determine the purpose for which Europol may process the data they provide and to restrict access rights. Purpose limitation contributes to transparency, legal certainty and predictability and is especially of high importance in the area of police cooperation, where data subjects are usually unaware when their personal data are being collected and processed and where the use of personal data may have a very significant impact on the lives and freedoms of individuals. [Am. 21]

(22)  To ensure that data are accessed only by those for whom access is necessary to perform their tasks, this Regulation should lay down detailed rules on different degrees of right of access to data processed by Europol. Such rules should be without prejudice to restrictions on access imposed by data providers, as the principle of ownership of data should be respected. In order to increase efficiency of preventing and combating crime falling under Europol’s objectives, Europol should notify Member States of information which concerns them.

(23)  To enhance operational cooperation between the agencies, and particularly to establish links between data already in possession of the different agencies, Europol should enable Eurojust and the European Anti-Fraud Office (OLAF) to have access to and be able to search against data available at Europol, on the basis of specific safeguards. [Am. 22]

(24)  Europol should maintain cooperative relations with other Union bodies, and law enforcement authorities and law enforcement training institutes of third countries, international organisations, and private parties to the extent required for the accomplishment of its tasks. [Am. 23]

(25)  To ensure operational effectiveness, Europol should be able to exchange all information, with the exception of personal data, with other Union bodies, law enforcement authorities and law enforcement training institutes of third countries, and international organisations to the extent necessary for the performance of its tasks. Since companies, firms, business associations, non-governmental organisations and other private parties hold expertise and data of direct relevance to the prevention and combating of serious crime and terrorism, Europol should also be able to exchange such data with private parties. To prevent and combat cybercrime, as related to network and information security incidents, Europol should, pursuant to Directive [name of adopted Directive] of the European Parliament and of the Council concerning measures to ensure a high common level of network and information security across the Union(7), cooperate and exchange information, with the exception of personal data, with national authorities competent for the security of network and information systems. [Am. 24]

(26)  Europol should be able to exchange personal data with other Union bodies to the extent necessary for the accomplishment of its tasks. The European Data Protection Supervisor should ensure that this exchange of information concerns only persons who have committed or who are thought likely to commit offences in respect of which Europol has competence. [Am. 25]

(27)  Serious crime and terrorism often have links beyond the territory of the EU. Europol should therefore be able to exchange personal data with law enforcement authorities of third countries and with international organisations such as Interpol to the extent necessary for the accomplishment of its tasks. In exchanging personal data with third countries and international organisations, it is necessary to strike an appropriate balance between the need for effective enforcement and personal data protection. [Am. 26]

(28)  Europol should be able to transfer personal data to an authority of a third country or an international organisation on the basis of a Commission decision finding that the country or international organisation in question ensures an adequate level of data protection, or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU, or a cooperation agreement concluded between Europol and this third country prior to the entry into force of this Regulation. In view of Article 9 of Protocol 36 on transitional provisions attached to the Treaty, legal effects of such agreements should be preserved until those agreements are repealed, annulled or amended in the implementation of the Treaty.

(29)  Where a transfer of personal data cannot be based on an adequacy decision taken by the Commission, or, an international agreement concluded by the Union, or an existing cooperation agreement, the Management Board and the European Data Protection Supervisor should be allowed to authorise a transfer or a set of transfers , provided adequate safeguards are ensured. Where none of the above applies, the Executive Director should be allowed to authorise the transfer of data in exceptional cases on a case-by-case basis, if it is necessary to safeguard the essential interests of a Member State, to prevent an imminent danger associated with crime or terrorism, if the transfer is otherwise necessary or legally required on important public grounds, if the data subject has consented, or if vital interests of the data subject are at stake.

(30)  Europol should be able to process personal data originating from private parties and private persons only if transferred to Europol by a Europol national unit of a Member State in accordance with its national law or, by a contact point in a third country with which there is established cooperation through a cooperation agreement concluded in accordance with Article 23 of Decision 2009/371/JHA prior to the entry into force of this Regulation or an authority of a third country or an international organisation with which the Union has concluded and international agreement pursuant to Article 218 TFEU.

(31)  Any information which has clearly been obtained by a third country or international organisation in violation of human rights shall not be processed. [Am. 27]

(32)  Data protection rules at Europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the Union to ensure a high level of protection of individuals with regard to processing of personal data. While Decision 2009/371/JHA provides for a robust data protection regime for Europol, it should be further elaborated to align Europol with the requirements of the Lisbon Treaty, reflect the growing role of Europol, improve the rights of data subjects and further enhance the trust between Member States and Europol which is necessary for a successful exchange of information. Data protection rules at Europol should be strengthened and draw on the principles underpinning Regulation (EC) No 45/2001 of the European Parliament and of the Council(8) or the instrument replacing Regulation (EC) No 45/2001 to ensure a high level of protection of individuals with regard to processing of personal data, as well as on other data protection principles, including accountability principle, data protection impact assessment, privacy by design and by default and notification of personal data breaches. As soon as the new data protection framework of the EU institutions and bodies will be adopted, it should be applicable to Europol.

As Declaration 21 attached to the Treaty recognizes acknowledges, the specific nature of the specificity of personal data processing of personal data in the law enforcement context, the data proves necessary that specific rules on the protection rules of of personal data and the free movement of such data are established for Europol should be autonomous based on Article 16 TFEU and aligned with other relevant data protection instruments applicable in the area of police cooperation in the Union, in particular Convention No. 108(9) and its Additional Protocol of 8 November 2001 and Recommendation No R(87) of the Council of Europe(10) and the robust data protection regime laid down in Council Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters(11) [to be replaced by the relevant Directive in force at the moment of adoption]. Transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised. To enhance transparency, Europol should have transparent data protection policies that it should make easily publicly available setting out in an intelligible form and using clear and plain language the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects, as well as publish a list of the international and cooperation agreements it has with third countries, Union bodies and international organisations. [Am. 28]

(33)  As far as possible, personal Personal data should be distinguished according to the degree of their accuracy and reliability. Facts should must be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information processed by Europol. [Am. 29]

(33a)  Bearing in mind the particular character of the Agency, it should have its own particular regime that should also guarantee data protection, which should on no account be at a lower level than the general regime applicable to the Union and its Agencies. Reforms relating to the general rules on data protection should thus apply to Europol as soon as possible and no later than two years after the entry into force of the new general rules; the legislative alignment between the particular data protection regimes of Europol and the EU should be completed before the end of two years following the adoption of any corresponding rules. [Am. 30]

(34)  Personal data relating to different categories of data subjects are processed in the area of police co-operation. Europol should make distinctions between personal data of different categories of data subjects as clear as possible. Personal data of persons such as victims, witnesses, persons possessing relevant information as well as personal data of minors should in particular be protected. Therefore, Europol should not process them unless it is strictly necessary for preventing and combating crime within its objectives, and if those data supplement other personal data already processed by Europol.

(35)  In the light of fundamental rights to protection of personal data, Europol should not store personal data longer than necessary for the performance of its tasks. At the latest three years after the data has been recorded, the need for the continued storage thereof should be considered. [Am. 32]

(36)  To guarantee the security of personal data, Europol should must implement appropriate technical and organisational the necessary measures. [Am. 33]

(37)  Any person should have a right of access to personal data concerning them, to have inaccurate data concerning them rectified and to erase or block data concerning them, if the data is no longer required. The rights of the data subject and the exercise thereof should not affect the obligations placed on Europol and should be subject to the restrictions laid down in this Regulation. [Am. 34]

(38)  The protection of the rights and freedoms of data subjects requires a clear attribution of the responsibilities under this Regulation. In particular, Member States should be responsible for accuracy and keeping up to date the data they have transferred to Europol and for the legality of such transfer. Europol should be responsible for accuracy and for keeping the data provided by other data suppliers up to date. Europol should must also ensure that data are processed fairly and lawfully, are collected and processed for a specific purpose, that they are adequate, relevant, not excessive in relation to the purposes for which they are processed, and stored no longer than is necessary for that purpose. [Am. 35]

(39)  Europol should keep records of collection, alteration, access, disclosure, combination or erasure of personal data for the purposes of verification of the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security. Europol should be is obliged to co-operate with the European Data Protection Supervisor and make the logs or documentation available upon request, so that they can be used for monitoring processing operations. [Am. 36]

(40)  Europol should designate a data protection officer to assist it in monitoring compliance with the provisions of this Regulation. The data protection officer should be in a position to perform his/her duties and tasks independently and effectively. The data protection officer should be given the resources necessary to fulfil his tasks. [Am. 37]

(41)  An independent, sufficiently empowered, transparent, accountable and effective structure for supervision is essential for the protection of individuals with regard to the processing of personal data as required by Article 8 of the Charter of Fundamental Rights and Article 16 TFEU. National competent authorities for the supervision of the processing of personal data should monitor the lawfulness of the processing of personal data by Member States. The European Data Protection Supervisor should monitor the lawfulness of data processing by Europol exercising its functions with complete independence. [Am. 38]

(42)  The European Data Protection Supervisor and national supervisory authorities should co-operate with each other on specific issues requiring national involvement and to ensure coherent application of this Regulation throughout the Union.

(43)  As Europol is processing also non-operational personal data, not related to any criminal investigations, such as personal data of staff of Europol, services providers or visitors, processing of such data should be subject to Regulation (EC) No 45/2001. [Am. 40]

(44)  The European Data Protection Supervisor should hear and investigate complaints lodged by data subjects. The investigation following a complaint should be carried out, subject to judicial review, to the extent that is appropriate necessary for full elucidation in the specific case. The supervisory authority should immediately inform the data subject of progress and the outcome of the complaint within a reasonable period. [Am. 41]

(45)  Any individual should have the right to a judicial remedy against decisions of the European Data Protection Supervisor concerning him/her.

(46)  Europol should be subject to general rules on contractual and non-contractual liability applicable to Union institutions, agencies and bodies, with the exception of liability for unlawful data processing.

(47)  It may be unclear for the individual concerned whether damage suffered as a result of unlawful data processing is a consequence of action by Europol or by a Member State. Europol and the Member State in which the event that gave rise to the damage occurred should therefore be jointly and severally liable.

(48)  To ensure To respect the role of the parliaments in the monitoring of the European area of freedom, security and justice and the political responsibilities of the national parliaments and of the European Parliament in respecting and exercising their respective powers in the legislation process, it is necessary that Europol is be a fully accountable and transparent internal organisation, it is necessary,. To that end, in the light of Article 88 TFEU, to lay down procedures for scrutiny of Europol activities by the European Parliament together with national parliaments should be established in accordance with the provisions on interparliamentary cooperation laid down in Title II of Protocol No 1 on the role of national parliaments in the European Union, taking into due account the need to safeguard confidentiality of operational information. [Am. 42]

(49)  The Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the European Communities laid down in Regulation (EEC, Euratom, ECSC) No 259/68 of the Council(12) should apply to Europol staff. Europol should be able to employ staff engaged from the competent authorities of the Member States as temporary agents whose period of service should be limited in order to maintain the principle of rotation, as the subsequent reintegration of staff members into the service of their competent authority facilitates close cooperation between Europol and the competent authorities of the Member States. Member States should take any measure necessary to ensure that staff engaged at Europol as temporary agents may, at the end of this service at Europol, return to the national civil service to which they belong.

(50)  Given the nature of the duties of Europol and the role of the Executive Director, the Executive Director may should be invited to make a statement to and to answer questions from the competent committee of the European Parliament Joint Parliamentary Scrutiny Group before his appointment, as well as before any extension of his term of office. The Executive Director should also present the annual report to the European Parliament Joint Parliamentary Scrutiny Group and to the Council. Furthermore, the European Parliament should be able to invite the Executive Director to report on the performance of his duties. [Am. 43]

(51)  To guarantee the full autonomy and independence of Europol, it should be granted an autonomous budget, with revenue coming essentially from a contribution from the budget of the Union. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.

(52)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(13) should apply to Europol.

(53)  Regulation (EC) No 1073/1999 of the European Parliament and of the Council(14) should apply to Europol.

(54)  Europol processes data that require particular protection as they include EU classified information and sensitive non-classified information. Europol should therefore draw up rules on confidentiality and processing of such information, taking into account the basic principles and minimum standards laid down in Council Decision 2011/292/EU(15).

(55)  It is appropriate to evaluate the application of this Regulation regularly.

(56)  The necessary provisions regarding accommodation for Europol in the Member State in which it has its headquarters, in the Netherlands, and the specific rules applicable to all Europol’s staff and members of their families should be laid down in a headquarters agreement. Furthermore, the host Member State should provide the best possible conditions to ensure the proper functioning of Europol, including schools for children and transport, so as to attract high-quality human resources from as wide a geographical area as possible. [Am. 44]

(57)  Europol, as established by this Regulation, shall replace and succeed Europol as established by Decision 2009/371/JHA, and CEPOL as established by Decision 2005/681/JHA. It should therefore be a legal successor of all their contracts, including employment contracts, liabilities and properties acquired. International agreements concluded by Europol as established on the basis of Decision 2009/371/JHA and CEPOL as established on the basis of Decision 2005/681/JHA should remain in force, with the exception of the headquarters agreement concluded by CEPOL. [Am. 45]

(58)  To enable Europol to continue to fulfil the tasks of Europol as established on the basis of Decision 2009/371/JHA and CEPOL as established by Decision 2005/681/JHA to the best of its abilities, transitional measures should be laid down, in particular with regard to the Management Board, and the Executive Director and ring-fencing part of Europol’s budget for training for three years following the entry into force of this Regulation. [Am. 46]

(59)  Since the objective of this Regulation, namely the establishment of an entity responsible for law-enforcement cooperation and training at Union level, cannot be sufficiently achieved by the Member States and can, therefore but, by reason of the scale and effects of the action, can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective. [Am. 47]

(60)  [In accordance with Article 3 of the Protocol (No 21) on the position of United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the TEU and the TFEU, those Member States have notified their wish to participate in the adoption and application of this Regulation] OR [Without prejudice to Article 4 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the TEU and the TFEU, those Member States will not participate in the adoption of this Regulation and will not be bound by or be subject to its application].

(61)  In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark annexed to the TEU and the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(62)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data and the right to privacy as protected by Articles 8 and 7 of the Charter, as well as by Article 16 TFEU.

HAVE ADOPTED THIS REGULATION:

Chapter I

GENERAL PROVISIONS AND OBJECTIVES OF EUROPOL

Article 1

Establishment of the European Union Agency for Law Enforcement Cooperation and Training [Am. 48]

1.  A European Union Agency for Law Enforcement Cooperation and Training (Europol) is hereby established to improve mutual cooperation among law enforcement authorities in the European Union and to strengthen and support their actions as well as to deliver a coherent European training policy. [Am. 49]

2.  Europol, as established by this Regulation, shall replace and succeed Europol as established by Decision 2009/371/JHA, and CEPOL as established by Decision 2005/681/JHA. [Am. 50]

2a.  Europol shall liaise with a single national unit in each Member State, to be established or designated in accordance with Article 7. [Am. 51]

Article 2

Definitions

For the purposes of this Regulation:

(a)  ‘the competent authorities of the Member States’ means all police public authorities and other law enforcement services existing in the Member States which are responsible under, in accordance with the applicable national law, for preventing and combating criminal offences in respect of which Europol is competent; [Am. 52]

(b)  ‘analysis’ means the assembly, processing or use of data careful examination of information to discover its specific meaning and particular features with the aim of assisting criminal investigations and carrying out any of the other tasks listed in Article 4; [Am. 53]

(c)  ‘Union bodies’ means institutions, entities, missions, offices and agencies set up by, or on the basis of the TEU and the TFEU;

(d)  ‘law enforcement officers’ means officers of police, customs and of other relevant services, including Union bodies, responsible for preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime that affect a common interest covered by a Union policy and for civilian crisis management and international policing of major events;

(e)  ‘third countries’ means countries that are not Member States of the European Union;

(f)  ‘international organisations’ means international organisations and their subordinate bodies governed by public law or other bodies which are set up by, or on the basis of, an agreement between two or more countries;

(g)  ‘private parties’ means entities and bodies established under the law of a Member State or a third country, in particular companies and firms, business associations, non-profit organizations and other legal persons that do not fall under point (f);

(h)  ‘private persons’ means all natural persons;

(i)  'personal data' means any information relating to an identified or identifiable natural person hereinafter referred to as ('data subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, unique identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social or gender identity of that person; [Am. 54]

(j)  ‘processing of personal data’ hereinafter referred to as ‘processing’ means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

(k)  ‘recipient’ means a natural or legal person, public authority, agency or any other body to whom data are disclosed, whether a third party or not; however, authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients; [Am. 55]

(l)  ‘transfer of personal data’ means the communication of personal data, actively made available, between a limited number of identified parties, with the knowledge or intention of the sender to give the recipient access to the personal data;

(m)  ‘personal data filing system’ hereinafter referred to as ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;

(n)  ‘the data subject’s consent’ means any freely given specific, explicit and informed indication of his/her wishes by which the data subject clearly and unambiguously signifies his/her agreement to personal data relating to him/her being processed; [Am. 56]

(o)  ‘administrative personal data’ means all personal data processed by Europol apart from those that are processed to meet the objectives laid down in Article 3(1) and (2).

Article 3

Objectives

1.  Europol shall support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combating organised crime, terrorism and other forms of serious crime, as specified in Annex 1 and affecting two or more Member States, terrorism and forms of crime which affect in such a way to require a common interest covered by a Union policy, as specified in Annex 1 approach by the Member States taking in account the scale, significance and consequences of the offences. [Am. 57]

2.  Europol shall also support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combating criminal offences related to the offences referred to under point (a). The following offences shall be regarded as related criminal offences:

(a)  criminal offences committed in order to procure the means of perpetrating acts in respect of which Europol is competent;

(b)  criminal offences committed in order to facilitate or carry out acts in respect of which Europol is competent;

(c)  criminal offences committed in order to ensure the impunity of acts in respect of which Europol is competent.

3.  Europol shall support, develop, deliver and coordinate training activities for law enforcement officers. [Am. 58]

Chapter II

TASKS RELATED TO LAW ENFORCEMENT COOPERATION

Article 4

Tasks

1.  Europol is the European Union agency that shall perform the following tasks in accordance with this Regulation:

(a)  to collect, store, process, analyse and exchange information;

(b)  to notify the Member States without delay, through the Europol national units, as referred to in Article 7, of information concerning them and of any connections between criminal offences; [Am. 59]

(c)  to coordinate, organise and implement investigative and operational action

(i)  carried out jointly with the Member States' competent authorities, either in investigations already started by Member States or as a result of a request from Europol to a Member State to initiate a criminal investigation; or [Am. 60]

(ii)  in the context of joint investigative teams, in accordance with Article 5, where appropriate in liaison with Eurojust;

(d)  to participate in joint investigative teams as well as to propose that they are set up in accordance with Article 5;

(e)  to provide information and analytical support to Member States in connection with major international events;

(f)  to prepare threat assessments, strategic and operational analyses and general situation reports;

(g)  to develop, share and promote specialist knowledge of crime prevention methods, investigative procedures and technical and forensic methods, and to provide advice to Member States;

(h)  to provide technical and financial support to Member States' cross-border operations and investigations, including through joint investigative teams in accordance with Article 5; [Am. 61]

(i)  to support, develop, deliver, coordinate and implement training for law enforcement officers in cooperation with the network of training institutes in Member States as set out in Chapter III; [Am. 62]

(j)  to provide the Union bodies established on the basis of Title V of the Treaty and the European Anti-Fraud Office (OLAF) with criminal intelligence and analytical support in the areas that fall under their competence; [Am. 63]

(k)  to provide information and support to EU crisis management structures, and to EU crisis management missions established on the basis of the TEU;

(l)  to develop Union centres of specialised expertise for combating certain types of crime falling under Europol’s objectives, in particular the European Cybercrime Centre;

(la)  to aid investigations in the Member States, in particular by forwarding all relevant information to the national units. [Am. 64]

2.  Europol shall provide strategic analyses and threats assessments to assist the Council and the Commission in laying down strategic and operational priorities of the Union for fighting crime. Europol shall also assist in operational implementation of those priorities.

3.  Europol shall provide strategic intelligence to assist the efficient and effective use of the resources available at national and Union level for operational activities and the support of those activities.

4.  Europol shall act as the Central Office for combating euro counterfeiting in accordance with Council Decision 2005/511/JHA(16). Europol shall also encourage the coordination of measures carried out to fight euro counterfeiting by the competent authorities of the Member States or in the context of joint investigation teams, where appropriate in liaison with Union bodies and the authorities of third countries.

4a.  Europol shall not apply coercive measures. [Am. 65]

Article 5

Participation in joint investigation teams

1.  Europol may participate in the activities of joint investigation teams dealing with crime that falls under Europol’s objectives.

2.  Europol may, within the limits provided by the law of the Member States in which joint investigative team is operating, assist in all activities and exchange of information with all members of the joint investigative team. Europol officers shall not take part in the application of coercive measures. [Am. 66]

3.  Where Europol has reasons to believe that setting up a joint investigation team would add value to an investigation, it may propose this to the Member States concerned and take measures to assist them in setting up the joint investigation team.

3a.  Europol participation in a joint investigative team shall be agreed by the competent authorities of the Member States involved in that team and shall be recorded in a document signed in advance by the Director of Europol, which shall be annexed to the corresponding agreement on the setting-up of a joint investigative team. [Am. 67]

3b.  The annex referred to in paragraph 3a shall lay down the conditions under which Europol officers are to take part in the joint investigative team, including rules governing the privileges and immunities of those officers and the liabilities arising from possible irregular activities on the part of those officers. [Am. 68]

3c.  Europol officers taking part in a joint investigative team shall be subject, as regards any infringements against them or committed by them, to the national law of the Member State in which the joint investigative team is operating, applicable to members of the joint investigative team performing similar functions in that Member State. [Am. 69]

3d.  Europol officers taking part in a joint investigative team may exchange information obtained from Europol's data storage systems with the members of the team. Given that this involves direct contact as regulated in Article 7, Europol shall simultaneously inform the Europol National Units in the Member States represented in the joint investigative team and the Europol National Units in the Member States which provided the information. [Am. 70]

3e.  Information obtained by a Europol officer while taking part in a joint investigative team may be incorporated into any of Europol's data storage systems, through the Europol National Units, with the consent and under the responsibility of the competent authority which provided that information. [Am. 71]

4.  Europol shall not apply coercive measures.

Article 6

Requests by Europol for the initiation of criminal investigations

1.  In specific cases where Europol considers that a criminal investigation should be initiated into a crime that falls under its objectives, it shall inform Eurojust. [Am. 72]

2.  At the same time, Europol shall may request the National Units of the Member States concerned established on the basis of Article 7(2) to initiate, conduct or coordinate a criminal investigation. [Am. 73]

2a.  In the case of a suspicion of a malicious attack on the network and information system of two or more Member States or Union bodies, carried out by a state or non-state actor located in a third country, Europol shall initiate an investigation on its own initiative. [Am. 74]

3.  The National Units Member States shall give such requests due consideration and shall, through their National Units, inform Europol without delay of the initiation of the whether an investigation will be initiated. [Am. 75]

4.  If the competent authorities of the Member States concerned decide not to comply with the request made by Europol, they shall provide Europol with the reasons for the decision, within one month of the request. The reasons may be withheld if giving them would:

(a)  harm essential national security interests; or

(b)  jeopardise the success of investigations under way or the safety of individuals.

5.  Europol shall inform Eurojust of the decision of a competent authority of a Member State to initiate or refuse to initiate an investigation.

Article 7

Member States’ cooperation with Europol

1.  Member States and Europol shall cooperate with Europol in the fulfilment of its Europol's tasks. [Am. 76]

2.  Each Member State shall establish or designate a National Unit which shall be the liaison body between Europol and the designated competent authorities in Member States as well as with training institutes for law enforcement officers. Each Member State shall appoint an official as the designate a head of the National Unit. [Am. 77]

3.  Member States shall ensure that their National Units are able to fulfil their tasks as set out in this Regulation, in particular that they have access to national law enforcement databases.

4.  The national unit shall be the only liaison body between Europol and the competent authorities of the Member States. However Europol may directly cooperate with competent authorities of the Member States in respect the framework of individual investigations. In that case, being carried out by those authorities provided that this direct contact represents added value with a view to the successful conclusion of the investigation and in accordance with national legislation. Europol shall inform the National Unit without delay and of the need for such contact in advance. Europol shall provide, as soon as possible, a copy of any the information exchanged in the course of through these direct contacts between Europol and the respective competent authorities. [Am. 78]

5.  Member States shall, via their National Unit or a competent authority of a Member State, in particular: [Am. 79]

(a)  supply Europol, on their own initiative, with the information and intelligence necessary for it to fulfil its objectives. This includes providing Europol without delay with information relating to crime areas that are considered a priority by the Union. It also includes providing a copy of bilateral or multilateral exchanges with another Member State or Member States in so far as the exchange refers to crime that falls under Europol’s objectives perform its functions, and respond to Europol's requests for information, the supply of intelligence and advice.

Without prejudice to the Member States’ discharging the responsibilities incumbent upon them with regard to the maintenance of law and order and the safeguarding of internal security, a national unit shall not in any particular case be obliged to supply information or intelligence if that would entail:

(i)  harming essential national security interests;

(ii)  jeopardising the success of a current investigation or the safety of individuals; or

(iii)  disclosing information relating to organisations or specific intelligence activities in the field of State security; [Am. 80]

(b)  ensure effective communication and cooperation of all relevant competent authorities of the Member States and training institutes for law enforcement officers within the Member States, with Europol; [Am. 81]

(c)  raise awareness of Europol’s activities. [Am. 82]

(ca)  ask Europol to provide relevant information that might facilitate investigations being carried out by the designated competent authorities; [Am. 83]

(cb)  ensure effective communication and cooperation with the competent authorities; [Am. 84]

(cc)  ensure compliance with the law in every exchange of information between themselves and Europol. [Am. 85]

6.  The heads of National Units shall meet on a regular basis, particularly to discuss and solve problems that occur in the context of their operational cooperation with Europol.

7.  Each Member State shall define the organisation and the staff of the National Unit according to its national legislation.

8.  The costs incurred by National Units and of the competent authorities in Member States in communications with Europol shall be borne by the Member States and, apart from the costs of connection, shall not be charged to Europol.

9.  Member States shall ensure a minimum the highest possible level of security of all systems used to connect to Europol. [Am. 86]

10.  Each year Europol shall draw up a report on the quantity and quality of regarding information provided sharing by each Member State pursuant to paragraph 5(a) and on the performance of its National Unit. The report shall be analysed by the Management Board with the objective of continuously improving the mutual cooperation between Europol and the Member States. The annual report shall be sent to the European Parliament, the Council, the Commission and national parliaments. [Am. 229]

Article 8

Liaison officers

1.  Each National Unit shall designate at least one liaison officer to Europol. Except as otherwise laid down in this Regulation, liaison officers shall be subject to the national law of the designating Member State.

2.  Liaison officers shall constitute the national liaison bureaux at Europol and shall be instructed by their National Units within Europol in accordance with the national law of the designating Member State and the provisions applicable to the administration of Europol.

3.  Liaison officers shall assist in the exchange of transmit information between from their national units to Europol, and their Member States from Europol to the national units. [Am. 87]

4.  Liaison officers shall assist in the exchange of information between their Member States and the liaison officers of other Member States in accordance with national law. Europol’s infrastructure may be used, in line with national law, for such bilateral exchanges also to cover crimes outside the objectives of Europol. The Management Board shall determine the rights and obligations of liaison officers in relation to Europol. All such exchanges of information shall be in accordance with Union and national law, in particular Decision 2008/977/JHA or Directive 95/46/EC of the European Parliament and of the Council(17), as applicable. Europol shall process data received under this provision only when it can be considered a lawful recipient under national or Union law. [Am. 88]

5.  Liaison officers shall enjoy the privileges and immunities necessary for the performance of their tasks in accordance with Article 65.

6.  Europol shall ensure that liaison officers are fully informed of and associated with all of its activities, insofar as this is necessary for the performance of their tasks.

7.  Europol shall cover the costs of providing Member States with the necessary premises in the Europol building and adequate support for liaison officers to carry out their duties. All other costs that arise in connection with the designation of liaison officers shall be borne by the designating Member State, including the costs of equipment for liaison officers, unless the budgetary authority decides otherwise on the recommendation of the Management Board.

Chapter III

TASKS RELATED TO TRAINING FOR LAW ENFORCEMENT OFFICERS

Article 9

Europol Academy

1.  A department within Europol, called the Europol Academy, as set up by this Regulation, shall support, develop, deliver and coordinate training for law enforcement officers in particular in the areas of the fight against serious crime affecting two or more Member States and terrorism, management of high-risk public order and sports events, strategic planning and command of non-military Union missions, as well as law enforcement leadership and language skills and in particular to:

(a)  raise awareness and knowledge of:

(i)  international and Union instruments on law enforcement cooperation;

(ii)  Union bodies, in particular Europol, Eurojust and Frontex, their functioning and role;

(iii)  judicial aspects of law enforcement cooperation and practical knowledge about access to information channels;

(b)  encourage the development of regional and bilateral cooperation among Member States and between Member States and third countries;

(c)  address specific criminal or policing thematic areas where training at Union level can add value;

(d)  devise specific common curricula for law enforcement officers to train them for participation in Union civilian missions;

(e)  support Member States in bilateral law enforcement capacity-building activities in third countries;

(f)  train trainers and assist in improving and exchanging good learning practices.

2.  The Europol Academy shall develop and regularly update learning tools and methodologies and apply these in a lifelong learning perspective to strengthen the skills of law enforcement officers. The Europol Academy shall evaluate the results of these actions with a view to enhancing the quality, coherence and efficacy of future actions.

Article 10

Tasks of the Europol Academy

1.  The Europol Academy shall prepare multi-annual strategic training needs analyses and multi-annual learning programmes.

2.  The Europol Academy shall develop and implement training activities and learning products, which may include:

(a)  courses, seminars, conferences, web-based and e-learning activities;

(b)  common curricula to raise awareness, address gaps and/or facilitate a common approach in relation to cross-border criminal phenomena;

(c)  training modules graduated according to progressive stages or levels of complexity of skills needed by the relevant target group, and focused either on a defined geographical region, a specific thematic area of criminal activity or on a specific set of professional skills;

(d)  exchange and secondment programmes of law enforcement officers in the context of an operational based training approach.

3.  To ensure a coherent European training policy to support civilian missions and capacity-building in third countries the Europol Academy shall:

(a)  assess the impact of existing Union-related law enforcement training policies and initiatives;

(b)  develop and provide training to prepare Member States’ law enforcement officers for participation in civilian missions, including to enable them to acquire relevant language skills;

(c)  develop and provide training for law enforcement officers from third countries, in particular from the countries that are candidates for accession to the Union;

(d)  manage dedicated Union External Assistance funds to assist third countries in building their capacity in relevant policy areas, in line with the established priorities of the Union.

4.  The Europol Academy shall promote the mutual recognition of law enforcement training in Member States and related existing European quality standards.

Article 11

Research relevant for training

1.  The Europol Academy shall contribute to development of research relevant for training activities covered by this Chapter.

2.  The Europol Academy shall promote and establish a partnership with Union bodies as well as with public and private academic institutions and shall encourage the creation of stronger partnerships between universities and law enforcement training institutes in Member States. [Am. 89]

Chapter IV

ORGANISATION OF EUROPOL

Article 12

Administrative and management structure of Europol

The administrative and management structure of Europol shall comprise:

(a)  a Management Board, which shall exercise the functions set out in Article 14;

(b)  an Executive Director, who shall exercise the responsibilities set out in Article 19;

(c)  a Scientific Committee for Training in accordance with Article 20; [Am. 90]

(d)  if appropriate, any other advisory body established by the Management Board in accordance with Article 14(1)(p);

(e)  if appropriate, an Executive Board in accordance with Articles 21 and 22. [Am. 91]

SECTION 1

MANAGEMENT BOARD

Article 13

Composition of the Management Board

1.  The Management Board shall be composed of one representative from each Member State and two representatives one representative of the Commission, all with voting rights. [Am. 92]

1a.  A representative of the Joint Parliamentary Scrutiny Group shall be authorised to attend meetings of the Management Board with observer status. This representative shall not be entitled to vote. [Am. 93]

2.  The members of the Management Board shall be appointed on the basis of their experience in the management of public or private sector organisations and knowledge of law enforcement cooperation.

3.  Each member of the Management Board shall be represented by an alternate member who shall be appointed on the basis of his/her experience in the management of public and private sector organisations and knowledge of national policy on training for law enforcement officers. The alternate member shall act as a member on any issues related to training of law enforcement officers by the full member on the basis of the criteria set out in Article 13(2). The alternate member shall represent the member in his/her absence. The member shall represent the alternate on any issues related to training of law enforcement officers in his/her absence. [Am. 94]

4.  All parties represented in the Management Board shall make efforts to limit the turnover of their representatives, to ensure continuity of the Management Board’s work. All parties shall aim to achieve a balanced representation between men and women on the Management Board. [Am. 95]

5.  The term of office for members and alternate members shall be four years. That term shall be extendable. Upon expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced determined by the period assigned to them by the designating Member State. [Am. 96]

5a.  The Chairperson shall be supported by the Secretariat of the Management Board. The Secretariat shall in particular:

(a)  be closely and continuously involved in organising, coordinating and ensuring the coherence of the Management Board’s work. Acting under the responsibility of and in accordance with guidelines given by the Chairperson;

(b)  provide the Management Board with the administrative support necessary for it to carry out its duties. [Am. 97]

5b.  Each member of the Management Board shall submit a declaration of his or her interests at the beginning of his or her term of office. [Am. 98]

Article 14

Functions of the Management Board

1.  The Management Board shall:

(a)  adopt each year Europol’s work programme for the following year by a majority of two-thirds of members and in accordance with Article 15;

(b)  adopt a multi-annual work programme, by a majority of two-thirds of members in accordance with Article 15;

(c)  adopt, by a majority of two thirds of its members, the annual budget of Europol and exercise other functions in respect of Europol’s budget pursuant to Chapter XI;

(d)  adopt a consolidated annual activity report on Europol’s activities and, send and present it to the Joint Parliamentary Scrutiny Group, and forward it, by 1 July of the following year, to the European Parliament, the Council, the Commission, the Court of Auditors and, the national parliaments and the European Data Supervisor by 1 July of the following year. The consolidated annual activity report shall be made public; [Am. 99]

(e)  adopt the financial rules applicable to Europol in accordance with Article 63;

(f)  by 31 January adopt, after taking into account the opinion of the Commission, the multiannual staff policy plan;

(g)  adopt an anti-fraud strategy, proportionate to fraud risks, taking into account the costs and benefits of the measures to be implemented; [Am. 100]

(h)  adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as members of the Scientific Committee for Training; [Am. 101]

(i)  in accordance with paragraph 2, exercise, with respect to the staff of Europol, the powers conferred by the Staff Regulations on the Appointing Authority and by the Conditions of Employment of Other Servants on the Authority Empowered to Conclude a Contract of Employment (‘the appointing authority powers’); [Am. 102]

(j)  on a proposal from the Director, adopt appropriate implementing rules for giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 of the Staff Regulations; [Am. 103]

(k)  appoint the Executive Director and Deputy Executive Directors and where relevant extend their term of office or remove them from the office in accordance with Articles 56 and 57;

(l)  establish performance indicators and oversee the Executive Director’s performance including the implementation of Management Board decisions;

(m)  appoint an Accounting Officer, subject to the Staff Regulations and the Conditions of Employment of Other Servants, who shall be functionally independent in the performance of his/her duties;

(n)  appoint the members of the Scientific Committee for Training; [Am. 104]

(o)  ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-fraud Office (OLAF) and from the European Data Protection Supervisor; [Am. 105]

(p)  take all decisions on the establishment of Europol’s internal structures and, where necessary, their modification; [Am. 106]

(q)  adopt its rules of procedure;

(qa)  appoint a Data Protection Officer, who shall be independent in its functions from the Management Board and shall be responsible for the setting up and managing of the data processing systems. [Am. 107]

The Management Board may, on a recommendation from the European Data Protection Supervisor under Article 46(3)(f) and with the support a two-thirds majority of its members, impose a temporary or definitive ban on processing. [Am. 108]

2.  The Management Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and defining the conditions under which this delegations of powers can be suspended. The Executive Director shall be authorised to sub-delegate those powers.

Where exceptional circumstances so require, the Management Board may, by way of a decision, temporarily suspend the delegation of the appointing authority powers to the Executive Director and those sub-delegated by the latter and exercise them itself or delegate those powers to one of its members or to a staff member other than the Executive Director. [Am. 109]

Article 15

Annual work programme and multi-annual work programme

1.  The Management Board shall adopt the annual work programme at the latest by 30 November each year, based on a draft put forward by the Executive Director and presented to the Joint Parliamentary Scrutiny Group, taking into account the opinion of the Commission. It shall forward it to the European Parliament Joint Parliamentary Scrutiny Group, the Council, the Commission and, national parliaments and the European Data Protection Supervisor. [Am. 110]

2.  The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be coherent with subject to the multi-annual work programme referred to in paragraph 4. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year. [Am. 111]

3.  The Management Board shall amend the adopted annual work programme if a new task is given to Europol.

Any substantial amendment Amendments to the annual work programme shall be adopted by the same procedure as the initial annual work programme. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director. [Am. 112]

4.  The Management Board shall also adopt the multi-annual work programme and update it by 30 November each year, taking into account the opinion of the Commission and after consulting the European Parliament and national parliaments, as well as the European Data Protection Supervisor. [Am. 114]

The adopted multi-annual work programme shall be forwarded and presented to the Joint Parliamentary Scrutiny Group, and shall be forwarded to the European Parliament, the Council, the Commission, national parliaments and the European Data Protection Supervisor. [Am. 113]

The multi-annual work programme shall set out strategic objectives and expected results including performance indicators. It shall also contain an indication of the amount and staff allocated to each objective, in line with the multiannual financial framework and the multi-annual staff policy plan. It shall include the strategy for relations with third countries or international organisations referred to in Article 29.

The multi-annual programme shall be implemented through annual work programmes and shall, where appropriate, be updated following the outcome of external and internal evaluations. The conclusion of these evaluations shall also be reflected, where appropriate, in the annual work programme for the following year.

Article 16

Chairperson of the Management Board

1.  The Management Board shall elect a Chairperson and a Deputy Chairperson from among members. The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Boards.

The Deputy Chairperson shall automatically replace the Chairperson if he/she is prevented from attending to his/her duties.

2.  The terms of office of the Chairperson and of the Deputy Chairperson shall be four five years. Their term of office may be renewed once. If, however, their membership of the Management Board ends at any time during their term of office as Chairperson or Deputy Chairperson, their term of office shall automatically expire on that date. [Am. 115]

Article 17

Meetings of the Management Board

1.  The Chairperson shall convene the meetings of the Management Board.

2.  The Executive Director of Europol shall take part in the deliberations.

3.  The Management Board shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of its Chairperson, at the request of the Commission or at the request of at least one-third of its members.

4.  The Management Board may invite any person whose opinion may be relevant for the discussion to attend its meeting as a non-voting observer.

4a.  A representative of the Joint Parliamentary Scrutiny Group shall be authorised to attend meetings of the Management Board with observer status. [Am. 116]

5.  Advisers or experts may assist the members of the Management Board, subject to the provisions of its Rules of Procedure.

6.  Europol shall provide the secretariat for the Management Board.

Article 18

Voting rules

1.  Without prejudice to Articles Article 14(1), first subparagraph, (a), (b) and (c), and Article 14(1), subparagraph 1a, Article 16(1) and Article 56(8), the Management Board shall take decisions by a majority of members. [Am. 117]

2.  Each member shall have one vote. In the absence of a voting member, his/her alternate shall be entitled to exercise his/her right to vote.

3.  The Chairperson shall take part in voting.

4.  The Executive Director shall not take part in voting.

4a.  The representative of the Joint Parliamentary Scrutiny Group shall not vote. [Am. 118]

5.  The Management Board’s rules of procedure shall establish more detailed voting arrangements, in particular the circumstances in which a member may act on behalf of another member, and any quorum requirements, where necessary.

SECTION 2

EXECUTIVE DIRECTOR

Article 19

Responsibilities of the Executive Director

1.  The Executive Director shall manage Europol. He/she shall be accountable to the Management Board.

2.  Without prejudice to the powers of the Commission, the Management Board or the Executive Board, the Executive Director shall be independent in the performance of his/her duties and shall neither seek nor take instructions from any government, nor from any other body.

3.  The Executive Director shall appear and report regularly to the European Parliament Joint Parliamentary Scrutiny Group on the performance of his/her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his/her duties. [Am. 119]

4.  The Executive Director shall be the legal representative of Europol.

5.  The Executive Director shall be responsible for the implementation of the tasks assigned to Europol by this Regulation. In particular, the Executive Director shall be responsible for:

(a)  the day-to-day administration of Europol;

(b)  implementing decisions adopted by the Management Board;

(c)  preparing the annual work programme and the multi-annual work programme and submitting them to the Management Board after consulting, taking into account the opinion of the Commission; [Am. 120]

(d)  implementing the annual work programme and the multi-annual work programme and reporting to the Management Board on their implementation;

(e)  preparing the consolidated annual report on Europol’s activities and presenting it to the Management Board for approval;

(f)  preparing an action plan following up conclusions of internal or external audit reports and evaluations, as well as investigation reports and recommendations from investigations by the (OLAF) and reporting on progress twice a year to the Commission and regularly to the Management Board;

(g)  protecting the financial interests of the Union by applying preventive measures against fraud, corruption and any other illegal activities and, without prejudice to the investigative competence of OLAF, by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties;

(h)  preparing an anti-fraud strategy strategic analysis and a strategy to prevent and manage conflicts of interests for Europol and presenting it to the Management Board for approval; [Am. 121]

(i)  preparing draft financial rules applicable to Europol;

(j)  preparing Europol’s draft statement of estimates of revenue and expenditure and implementing its budget;

(k)  preparing a draft multi-annual staff policy plan and submitting it to the Management Board after consultation taking into account the opinion of the Commission; [Am. 122]

(ka)  exercising with respect to Europol staff those powers conferred by the Staff Regulations of Officials of the European Communities on the Appointing Authority and by the Conditions of Employment of Other Servants of the Communities on the Authority empowered to Conclude contracts of Employment ('powers of the Appointing Authority'), without prejudice to Article 14(1)(j); [Am. 123]

(kb)  taking all decisions on the establishment of Europol’s internal structures and, where necessary, their modification; [Am. 124]

(l)  supporting the Chair of the Management Board in preparing Management Board meetings;

(m)  informing the Management Board on a regular basis regarding the implementation of Union strategic and operational priorities for fighting crime.

SECTION 3

SCIENTIFIC COMMITTEE FOR TRAINING

Article 20

The Scientific Committee for Training

1.  The Scientific Committee for Training shall be an independent advisory body guaranteeing and guiding the scientific quality of Europol’s work on training. For that purpose, the Executive Director shall involve the Scientific Committee for Training early on in the preparation of all documents referred to in Article 14 as far as they concern training.

2.  The Scientific Committee for Training shall be composed of 11 persons of the highest academic or professional standing in the subjects covered by Chapter III of this Regulation. The Management Board shall appoint the members following a transparent call for applications and selection procedure to be published in the Official Journal of the European Union. The members of the Management Board shall not be members of the Scientific Committee for Training. The members of the Scientific Committee for Training shall be independent. They shall neither seek nor take instructions from any government, nor from any other body.

3.  The list of members of the Scientific Committee for Training shall be made public and shall be updated by Europol on its website.

4.  The term of office of the members of the Scientific Committee for Training shall be five years. It shall not be renewable and its members can be removed from office if they do not meet the criteria of independence.

5.  The Scientific Committee for Training shall elect its Chairperson and Deputy Chairperson for a term of office of five years. It shall adopt positions by simple majority. It shall be convened by its Chairperson up to four times per year. If necessary, the Chairperson shall convene extraordinary meetings on his/her own initiative or at the request of at least four members of the Committee.

6.  The Executive Director, Deputy Executive Director for Training or their respective representative shall be invited to the meetings as a non-voting observer.

7.  The Scientific Committee for Training shall be assisted by a secretary who shall be a Europol staff member designated by the Committee and appointed by the Executive Director.

8.  The Scientific Committee for Training shall, in particular:

(a)  advise the Executive Director and the Deputy Executive Director for Training in drafting the annual work programme and other strategic documents, to ensure their scientific quality and their coherence with relevant Union sector policies and priorities;

(b)  provide independent opinion and advice to the Management Board on matters pertaining to its remit;

(c)  provide independent opinion and advice on the quality of curricula, applied learning methods, learning options and scientific developments;

(d)  perform any other advisory task pertaining to the scientific aspects of Europol’s work relating to training at the request of the Management Board or by the Executive Director or the Deputy Executive Director for Training.

9.  The annual budget of the Scientific Committee for Training shall be allocated to an individual budget line of Europol. [Am. 125]

SECTION 4

EXECUTIVE BOARD

Article 21

Establishment

The Management Board may establish an Executive Board.

Article 22

Functions and organisation

1.  The Executive Board shall assist the Management Board.

2.  The Executive Board shall have the following functions:

(a)  preparing decisions to be adopted by the Management Board;

(b)  ensuring, together with the Management Board, adequate follow-up to the findings and recommendations stemming from the internal or external audit reports and evaluations, as well as on the investigation reports and recommendations from investigations of the European Anti-Fraud Office (OLAF);

(c)  without prejudice to the functions of the Executive Director, as set out in Article 19, assisting and advising the Executive Director in the implementation of the decisions of the Management Board, with a view to reinforcing supervision of administrative management.

3.  When necessary, because of urgency, the Executive Board may take certain provisional decisions on behalf of the Management Board, in particular on administrative management matters, including the suspension of the delegation of the appointing authority powers.

4.  The Executive Board shall be composed of the Chairperson of the Management Board, one representative of the Commission to the Management Board and three other members appointed by the Management Board from among its members. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board. The Executive Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.

5.  The term of office of members of the Executive Board shall be four years. The term of office of members of the Executive Board shall end when their membership of the Management Board ends.

6.  The Executive Board shall hold at least one ordinary meeting every three months. In addition, it shall meet on the initiative of its Chairperson or at the request of its members.

7.  The Executive Board shall comply with the rules of procedure laid down by the Management Board. [Am. 126]

Chapter V

PROCESSING OF INFORMATION

Article 23

Sources of information

1.  Europol shall only process information that has been provided to it:

(a)  by Member States in accordance with their national law;

(b)  by Union bodies, third countries and international organisations in accordance with Chapter VI;

(c)  by private parties in accordance with Article 29(2).

2.  Europol may directly retrieve and process information, including personal data, from publicly available sources, such as the media, including the internet and public data.

3.  Europol may retrieve and process information, including personal data, from information systems, of a national, Union or international nature, including by means of computerised access, in so far as authorised by Union, international or national legal instruments and where the necessity and proportionality of such access for the performance of a task falling under Europol's mandate can be demonstrated. The applicable provisions of such Union, international or national legal instruments shall govern the access to and use of that information by Europol insofar as they provide for stricter rules on access and use than those of this Regulation.

They shall lay down the objectives, the categories of personal data and the purposes, means and the procedure to be followed for the retrieval and processing of the information, respecting the applicable data protection legislation and principles. The access to such information systems shall be granted only to duly authorised staff of Europol as far as this is strictly necessary and proportionate for the performance of their tasks. [Am. 127]

Article 24

Purposes of information processing activities

1.  In so far as necessary for the achievement of its objectives as laid down in Article 3(1) and (2), Europol shall may process information, including personal data.

Personal data may be processed only for the purposes of:

(a)  cross-checking aimed at identifying connections or other relevant links between information limited to:

(i)  persons who are suspected of having committed or having taken part in a criminal offence in respect of which Europol is competent, or who have been convicted for such an offence,

(ii)  persons regarding whom there are factual indications or reasonable grounds that they will commit criminal offences;

(b)  analyses of a strategic or thematic nature;

(c)  operational analyses in specific cases.

The execution of these tasks shall be performed under the following criteria:

–  the checks under point (a) shall be carried out in accordance with the necessary data protection guarantees, and shall, especially, provide sufficient justification for the data request and its purpose. The necessary measures shall also be taken to ensure that only those authorities that are initially responsible for collecting the data may subsequently change them;

–  for each operational analysis case referred to in point (c) the following specific safeguards shall apply:

(i)  a specified purpose shall be defined; personal data may only be processed where they are relevant for this specific purpose;

(ii)  all cross-matching operations by Europol staff shall be specifically motivated; the retrieval of data following a consultation shall be limited to the strict minimum required and specifically motivated;

(iii)  only authorized staff in charge of the purpose for which the data were initially collected may modify that data.

Europol shall duly document these operations. The documentation shall be made available, at request, to the Data Protection Officer and to the European Data Protection Supervisor for the purpose of verifying the lawfulness of the processing operation.

2.  Categories of personal data and categories of data subjects whose data may be collected for each specific purpose referred to under paragraph1 are listed in Annex 2.

2a.  Europol may temporarily, in exceptional cases, process data for the purpose of determining whether such data are relevant to its tasks and for which of the purposes referred to under paragraph 1. The Management Board, acting on a proposal from the Director and after consulting the European Data Protection Supervisor, shall determine the conditions relating to the processing of such data, in particular with respect to access to and the use of the data, as well as time limits for the storage and deletion of the data that may not exceed six months, having due regard to the principles referred to in Article 34.

2b.  The European Data Protection Supervisor will draft guidelines specifying the purposes listed in points (a), (b) and (c) of paragraph 1. [Am. 128]

Article 25

Determination of the purpose of information processing activities

1.  A Member State, a Union body, a third country or an international organisation providing information to Europol determines the specific and well defined purpose for which it shall be processed as referred to in Article 24. If it has not done so, Europol shall determine relevance of such information as well as the purpose for which it shall be processed. Europol may process information for a different specific and explicit purpose than the one for which information has been provided only if explicitly authorised by the data provider, in accordance with the applicable law. [Am. 129]

2.  Member States, Union bodies, third countries and international organisations may indicate, at the moment of transferring information, any restriction on access or use, in general or specific terms, including as regards erasure or destruction. Where the need for such restrictions becomes apparent after the transfer, they shall inform Europol accordingly. Europol shall comply with such restrictions.

3.  Europol may assign any restriction to access or use by Member States, Union bodies, third countries and international organisations of information retrieved from publicly-available sources.

Article 25a

Data Protection impact assessment

1.  Prior to any set of processing of personal data, Europol shall carry out an assessment of the impact of the envisaged processing systems and procedures on the protection of personal data and notify it to the European Data Protection Supervisor.

2.  The assessment shall contain at least a general description of the envisaged processing operations, an assessment of the risks to the rights and freedoms of data subjects, the measures envisaged to address those risks, safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate the compliance with the provisions in this Regulation, taking into account the rights and legitimate interests of the data subjects and other persons concerned. [Am. 130]

Article 26

Access by Member States’ and Europol’s staff to information stored by Europol

1.  Member States, where they can justify the need for the legitimate performance of their tasks, shall have access to and be able to search all information which has been provided for the purposes of Article 24(1)(a) and (b), without prejudice to the right for Member States, Union bodies and third countries and international organisations to indicate restrictions on access and use of such data. Member States shall designate these competent authorities allowed to perform such a search.

2.  Member States shall have indirect access on the basis of a hit/no hit system to information provided for the purposes of a specific purpose under Article 24(1)(c), without prejudice to any restrictions indicated by the Member States, Union bodies and third countries or international organisations providing the information, in accordance with Article 25(2). In the case of a hit, Europol shall inform the provider of the information and initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State that provided the information to Europol provider of the information to Europol and to the extent necessary for the legitimate performance of the task of the Member State concerned.

3.  Europol staff duly empowered by the Executive Director shall have access to information processed by Europol to the extent required for the performance of their duties.

3a.  Europol shall keep detailed records of all hits and information accessed in accordance with Article 43. [Am. 131]

Article 27

Access to Europol information for Eurojust and OLAF

1.  Europol shall take all appropriate measures to enable Eurojust and the European Anti-Fraud Office (OLAF) within their respective mandates, its mandate to have access to and be able to search all information that has been provided for the purposes of Article 24(1)(a) and (b), without prejudice to the right for Member States, Union bodies and third countries and international organisations to indicate restrictions to the access and use of such data. Europol shall be informed where a search by Eurojust or OLAF reveals the existence of a match with information processed by Europol.

2.  Europol shall take all appropriate measures to enable Eurojust and OLAF, within their respective mandates its mandate, to have indirect access on the basis of a hit/no hit system to information provided for the purposes a specific purpose under Article 24(1)(c), without prejudice to any restrictions indicated by the providing Member States, Union bodies and third countries or international organisations, in accordance with Article 25(2). In case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State, Union body, third country or international organisation that provided the information to Europol. In case of a hit, Eurojust shall specify which data it needs and Europol may share the data only to the extent that the data generating the hit are necessary for the legitimate performance of its tasks. Europol shall log which information has been accessed.

3.  Searches of information in accordance with paragraphs 1 and 2 shall be made only for the purpose of identifying whether information available at Eurojust or OLAF, respectively, matches with information processed at Europol.

4.  Europol shall allow searches in accordance with paragraphs 1 and 2 only after obtaining from Eurojust information about which National Members, Deputies, Assistants, as well as Eurojust staff members , and from OLAF information about which staff members, have been designated as authorised to perform such searches.

5.  If during Europol’s information processing activities in respect of an individual investigation, Europol or a Member State identifies the necessity for coordination, cooperation or support in accordance with the mandate of Eurojust or OLAF, Europol shall notify them thereof and shall initiate the procedure for sharing the information, in accordance with the decision of the Member State providing the information. In such a case Eurojust or OLAF shall consult with Europol.

6.  Eurojust, including the College, the National Members, Deputies, Assistants, as well as Eurojust staff members, and OLAF, shall respect any restriction to access or use, in general or specific terms, indicated by Member States, Union bodies, third countries and international organisations in accordance with Article 25(2).

6a.  Europol and Eurojust shall inform each other if, after consultation of each other's data, there are indications that data may be incorrect or conflicting with other data. [Am. 132]

Article 28

Duty to notify Member States

1.  If Europol, in accordance with its task pursuant to Article 4(1)(b), needs to inform a Member State about information concerning it, and that information is subject to access restrictions pursuant to Article 25(2), that would prohibit sharing it, Europol shall consult with the data provider stipulating the access restriction and seek ask for authorisation for sharing.

Without such an explicit authorisation, the information shall not be shared.

In cases where the information is not subject to access restrictions pursuant to Article 25, Europol shall nevertheless inform the Member State which provided the information that it has been passed on. [Am. 133]

2.  Irrespective of any access restrictions, Europol shall inform a Member State about information concerning it if:

(a)  this is absolutely necessary in the interest of preventing imminent danger associated with serious crime or terrorist offences; or

(b)  this is essential for the prevention of an immediate and serious threat to public security of that Member State.

In such a case, Europol shall inform the data provider of sharing this information as soon as possible and justify its analysis of the situation.

Chapter VI

RELATION WITH PARTNERS

SECTION 1

COMMON PROVISIONS

Article 29

Common provisions

1.  In so far as necessary for the performance of its tasks, Europol may establish and maintain cooperative relations with the Union bodies in accordance with the objectives of those bodies, the law enforcement authorities of third countries, law enforcement training institutes of third countries, international organisations and private parties.

2.  In so far as relevant to the performance of its tasks and subject to any restriction stipulated pursuant to Article 25(2), Europol may directly exchange all information, with the exception of personal data, with entities referred to in paragraph 1.

3.  Europol may receive and process personal data from held by entities referred to in paragraph 1 except from private parties, in so far as it is strictly necessary and proportionate for the legitimate performance of its tasks and subject to the provisions of this Chapter.

4.  Without prejudice to Article 36(4)(5), personal data shall only be transferred by Europol to Union bodies, third countries and international organisations, if this is necessary for preventing and combating crime that falls under Europol’s objectives tasks and in accordance with this Chapter and if the recipient gives an explicit undertaking that the data will be used solely for the purpose for which they were transmitted. If the data to be transferred have been provided by a Member State, Europol shall seek that Member State’s prior and explicit consent, unless:

(a)  the authorisation can be assumed as the Member State has not expressly limited the possibility of onward transfers; or

(b)  the Member State has granted its prior authorisation to such onward transfer, either in general terms or subject to specific conditions. Such consent may be withdrawn any moment.

5.  Onward transfers of personal data by Member States, Union bodies, third countries and international organizations shall be prohibited unless Europol has given its prior explicit consent and if the recipient gives an explicit undertaking that the data shall be used solely for the purpose for which they were transmitted.

5a.  Europol shall ensure that detailed records of all transfers of personal data and their grounds are recorded in accordance with this Regulation.

5b.  Any information which has been obtained by a third country, international organization or private party in violation of fundamental rights, as enshrined in the EU Charter of Fundamental Rights, shall not be processed. [Am. 134]

SECTION 2

EXCHANGES/TRANFERS OF PERSONAL DATA

Article 30

Transfer of personal data to Union bodies

Subject to any possible restrictions stipulated pursuant to Article 25(2) or (3), and without prejudice to Article 27, Europol may directly transfer personal data to Union bodies in so far as it is necessary for the performance of its tasks or those of the recipient Union body. Europol shall make public the list of EU institutions and bodies with whom it shares information, by posting such a list on its website. [Am. 135]

Article 31

Transfer of personal data to third countries and international organisations

1.  Europol may transfer personal data to an authority of a third country or to an international organisation, in so far as this is necessary for it to perform its tasks, on the basis of:

(a)  a decision of the Commission adopted in accordance with [Articles 25 and 31 of Directive 95/46/EC] that that country or international organisation, or a processing sector within that third country or an international organisation ensures an adequate level of protection (adequacy decision); or

(b)  an international agreement concluded between the Union and that third country or international organisation pursuant to Article 218 TFEU adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals; or

(c)  a cooperation agreement concluded between Europol and that third country or international organisation in accordance with Article 23 of Decision 2009/371/JHA prior to the date of application of this Regulation.

These cooperation agreements shall be amended within five years after the entry into force of this Regulation and replaced by a subsequent agreement in accordance with point (b). [Am. 136]

Such transfers do not require any further authorisation. The European Data Protection Supervisor shall be consulted in a timely manner before and during the negotiation of an international agreement referred to in point (b) and in particular before adoption of the negotiating mandate as well as before the finalisation of the agreement.

Europol shall make publicly available a regular updated list of international and cooperation agreements it has with third countries and international organisations, by posting this list on its website. [Am. 137]

Europol may conclude working arrangements to implement such agreements or adequacy decisions.

2.  By way of derogation from paragraph 1, the Executive Director may, whilst observing his/her obligations regarding discretion, confidentiality and proportionality, authorise the transfer of personal data to third countries or international organisations on a case-by-case basis if:

(a)  the transfer of the data is absolutely necessary to safeguard the essential interests of one or more Member States within the scope of Europol’s objectives in order to protect the vital interests of the data subject or another person; or

(b)  the transfer of the data is absolutely necessary in the to safeguard legitimate interests of preventing imminent danger associated with crime or terrorist offences the data subject where the law of the Member State or third country transferring the personal data so provides; or

(c)  the transfer of the data is otherwise necessary or legally required on important public interest grounds, or for the establishment, exercise or defence of legal claims essential for the prevention of an immediate and serious threat to public security of a Member State or a third country; or

(d)  the transfer is necessary to protect the vital interests of the data subject or another person in individual cases for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties; or

(da)  the transfer is necessary in individual cases for the establishment, exercise or defence of legal claims relating to the prevention, investigation, detection or prosecution of a specific criminal offence or the execution of a specific criminal penalty.

The Executive Director shall in all circumstances consider the data protection level applicable in the third country or international organisation in question, taking into account the nature of the data, the purpose for which the data is intended, the duration of the intended processing, the general or specific data protection provisions applying in that country, and whether or not specific conditions required by Europol concerning the data have been accepted.

Derogations may not be applicable to systematic, massive or structural transfers.

Moreover the Management Board European Data Protection Supervisor may authorise a transfer or a set of transfers in conformity with points (a) to (d) above, taking into account of the existence adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals, for a period not exceeding one year, renewable. [Am. 138]

3.  The Executive Director shall inform without delay the Management Board and the European Data Protection Supervisor of cases where he/she applied paragraph 2. [Am. 139]

3a.  Europol shall keep detailed records of all transfers under this Article. [Am. 140]

Article 32

Personal data from private parties

1.  In so far as necessary for Europol to perform its tasks, Europol may process personal data originating from private parties on condition that are they are not received directly from the private parties but only via: [Am. 141]

(a)  a national unit of a Member State in accordance with national law;

(b)  the contact point of a third country with which Europol has concluded a cooperation agreement in accordance with Article 23 of the Decision 2009/371/JHA prior to date of application of this Regulation; or

(c)  an authority of a third country or an international organisation with which the Union has concluded an international agreement pursuant to Article 218 TFEU.

2.  If the data received affect the interests of a Member State, Europol shall immediately inform the National Unit of the Member State concerned.

3.  Europol shall not contact private parties directly to retrieve personal data. [Am. 142]

4.  The Commission shall evaluate the necessity and possible impact of direct exchanges of personal data with private parties within three years after this Regulation is applicable. Such an evaluation shall specify among others the reasons whether the exchanges of personal data with private parties is necessary for Europol.

Article 33

Information from private persons

1.  Information, including personal data, originating from private persons may be processed by Europol on condition that that it is received via:

(a)  a National Unit of a Member State in accordance with national law;

(b)  the contact point of a third country with which Europol has concluded a cooperation agreement in accordance with Article 23 of the Decision 2009/371/JHA prior to the date of application of this Regulation; or

(c)  an authority of a third country or an international organisation with which the European Union has concluded an international agreement pursuant to Article 218 TFEU.

2.  If Europol receives information, including personal data, from a private person residing in a third country with which there is no international agreement, either concluded on the basis of Article 23 of Decision 2009/371/JHA or on the basis of Article 218 TFEU, Europol may only forward that information to a Member State or a third country concerned with which such international agreements have been concluded.

3.  Europol shall not contact private persons directly to retrieve information. [Am. 143]

Chapter VII

DATA PROTECTION SAFEGUARDS

Article 34

General data protection principles

1.  Personal data shall be:

(a)  processed fairly and lawfully, fairly and in a transparent and verifiable manner in relation to the data subject;

(b)  collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes. Further processing of personal data for historical, statistical or scientific purposes shall not be considered incompatible provided that Europol provides appropriate safeguards, in particular to ensure that data are not processed for any other purposes;

(c)  adequate, relevant, and not excessive limited to the minimum necessary in relation to the purposes for which they are processed; they shall only be processed if, and as long as, the purposes could not be fulfilled by processing information that does not involve personal data;

(d)  accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;

(e)  kept in a form which permits identification of data subjects and for no longer than it is necessary for the purposes for which the personal data are processed;

(ea)  processed in a way that effectively allows the data subject to exercise his or her rights;

(eb)  processed in a way that protects against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures;

(ec)  processed by only those duly authorised staff who need them for the performance of their tasks.

1a.  Europol shall make publicly available a document setting out in an intelligible form the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects. [Am. 144]

Article 35

Different degrees of accuracy and reliability of personal data

1.  The source of information originating from a Member State shall be assessed as far as possible by the providing Member State using the following source evaluation codes: [Am. 145]

(A): where there is no doubt as to the authenticity, trustworthiness and competence of the source, or if the information is provided by a source which has proved to be reliable in all instances;

(B): where the information is provided by a source which has in most instances proved to be reliable;

(C): where the information is provided by a source which has in most instances proved to be unreliable;

(X): where the reliability of the source cannot be assessed.

2.  Information originating from a Member State shall be assessed as far as possible by the Member State providing information on the basis of its reliability using the following information evaluation codes: [Am. 146]

(1): information the accuracy of which is not in doubt;

(2): information known personally to the source but not known personally to the official passing it on;

(3): information not known personally to the source but corroborated by other information already recorded;

(4): information not known personally to the source and cannot be corroborated.

3.  Where Europol, on the basis of information already in its possession, comes to the conclusion that the assessment needs to be corrected, it shall inform the Member State concerned and seek to agree on an amendment to the assessment. Europol shall not change the assessment without such agreement.

4.  Where Europol receives information from a Member State without an assessment, Europol shall attempt as far as possible to assess the reliability of the source or the information on the basis of information already in its possession. The assessment of specific data and information shall take place in agreement with the supplying Member State. A Member State may also agree with Europol in general terms on the assessment of specified types of data and specified sources. If no agreement is reached in a specific case, or no agreement in general terms exists, Europol shall evaluate the information or data and shall attribute to such information or data the evaluation codes (X) and (4), referred to in paragraphs 1 and 2. [Am. 147]

5.  Where Europol receives data or information from a third country or international organisation, or Union body, this Article shall apply accordingly.

6.  Information from publicly-available sources shall be assessed by Europol using the evaluation codes set out in paragraphs 1 (X) and 2(4). [Am. 148]

Article 36

Processing of special categories of personal data and of different categories of data subjects

1.  Processing of personal data on victims of a criminal offence, witnesses or other persons who can provide information on criminal offences, or on persons under the age of 18 shall be prohibited unless it is strictly necessary and duly justified for preventing or combating crime that falls under Europol's objectives. [Am. 149]

2.  Processing of personal data, by automated or other means, revealing racial or, ethnic or social origin, political opinions, religion or beliefs, trade-union membership and of data concerning health or sex life shall be prohibited, unless it is strictly necessary and duly justified for preventing or combating crime that falls under Europol's objectives and if those data supplement other personal data already processed by Europol. [Am. 150]

3.  Only Europol shall have access to personal data referred to in paragraphs 1 and 2. The Executive Director shall duly authorise a limited number of officials who would have such access, if this is necessary for the performance of their tasks.

4.  No decision which produces legal effects concerning a data subject shall be based solely on automated processing of data referred to in paragraph 2, unless the decision is expressly authorised pursuant to national or Union legislation or, if necessary, by the European Data Protection Supervisor. [Am. 151]

5.  Personal data referred to in paragraphs 1 and 2 shall not be transmitted to Member States, Union bodies, third countries or international organisations unless strictly necessary and duly justified in individual cases concerning crime that falls under Europol's objectives. Such transmission shall be in accordance with the provisions laid down in Chapter VI of this Regulation. [Am. 152]

6.  Every six months Europol shall provide an overview of all personal data referred to in paragraph 2 processed by it to the European Data Protection Supervisor.

Article 37

Time-limits for the storage and erasure of personal data

1.  Personal data processed by Europol shall be stored by Europol only as long as strictly necessary for the achievement of its objectives purposes for which the data are processed. [Am. 153]

2.  Europol shall in any case review the need for continued storage no later than three years after the start of initial processing of personal data. Europol may decide on the continued storage of personal data until the following review, which shall take place after another period of three years, if continued storage is still necessary for the performance of Europol’s tasks. The reasons for the continued storage shall be justified and recorded. If no decision is taken on the continued storage of personal data, that data shall be erased automatically after three years.

3.  If data concerning persons referred to in Article 36(1) and (2) are stored for a period exceeding five years, the European Data Protection Supervisor shall be informed accordingly.

4.  Where a Member State, an Union body, a third country or an international organisation has indicated any restriction as regards the earlier erasure or destruction of the personal data at the moment of transfer in accordance with Article 25(2), Europol shall erase the personal data in accordance with those restrictions. If continued storage of the data is deemed necessary for Europol to perform its tasks, based on information that is more extensive than that possessed by the data provider, Europol shall request the authorisation of the data provider to continue storing the data and present a justification for such a request.

5.  Where a Member State, a Union body, a third country or an international organisation erases from its national data files data provided to Europol, it shall inform Europol accordingly. Europol shall erase the data unless the continued storage of the data is deemed necessary for Europol to achieve its objectives, based on information that is more extensive than that possessed by the data provider. Europol shall inform the data provider of the continued storage of such data and present a justification of such continued storage.

6.  Personal data shall not be erased if:

(a)  this would damage the interests of a data subject who requires protection. In such cases, the data shall be used only with the express and written consent of the data subject; [Am. 154]

(b)  their accuracy is contested by the data subject, for a period enabling Member States or Europol, where appropriate, to verify the accuracy of the data;

(c)  the personal data have to be maintained for purposes of proof or for the establishment, exercise or defence of legal claims; [Am. 155]

(d)  the data subject opposes their erasure and requests the restriction of their use instead.

Article 38

Security of processing

1.  Europol shall implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, accidental loss or unauthorised disclosure, alteration and access or any other unauthorised form of processing.

2.  In respect of automated data processing, Europol shall implement measures designed to:

(a)  deny unauthorised persons access to data-processing equipment used for processing personal data (equipment access control);

(b)  prevent the unauthorised reading, copying, modification or removal of data media (data media control);

(c)  prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control);

(d)  prevent the use of automated data-processing systems by unauthorised persons using data-communication equipment (user control);

(e)  ensure that persons authorised to use an automated data-processing system have access only to data covered by their access authorisation (data access control);

(f)  ensure that it is possible to verify and establish to which bodies personal data may be or have been transmitted using data communication equipment (communication control);

(g)  ensure that it is possible to verify and establish which personal data have been input into automated data-processing systems and when and by whom the data were input (input control);

(ga)  ensure that it is possible to verify and establish what data have been accessed by which member of personnel and at what time (access log); [Am. 156]

(h)  prevent the unauthorised reading, copying, modification or deletion of personal data during transfers of personal data or during the transportation of data media (transport control);

(i)  ensure that installed systems may, in the event of interruption, be restored immediately (recovery);

(j)  ensure that the functions of the system perform without fault, that the occurrence of faults in the functions is immediately reported (reliability) and that stored data cannot be corrupted by system malfunctions (integrity).

3.  Europol and Member States shall define mechanisms to ensure that security needs are taken on board across information system boundaries.

Article 38a

Data protection by design and by default

1.  Europol shall implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of provisions adopted pursuant to this Regulation and ensure the protection of the rights of the data subject.

2.  Europol shall implement mechanisms for ensuring that, by default, only those personal data which are necessary for the purposes of the processing are processed. [Am. 157]

Article 38b

Notification of a personal data breach to the European Data Protection Supervisor

1.  In the case of a personal data breach, Europol shall notify, without undue delay and, where feasible, not later than 24 hours after having become aware of it, the personal data breach to the European Data Protection Supervisor. Europol shall provide, on request, a reasoned justification in cases where the notification is not made within 24 hours.

2.  The notification referred to in paragraph 1 shall at least:

(a)  describe the nature of the personal data breach including the categories and number of data subjects concerned and the categories and number of data records concerned;

(b)  recommend measures to mitigate the possible adverse effects of the personal data breach;

(c)  describe the possible consequences of the personal data breach;

(d)  describe the measures proposed or taken by the controller to address the personal data breach.

3.  Europol shall document any personal data breaches, comprising the facts surrounding the breach, its effects and the remedial action taken, enabling the European Data Protection Supervisor to verify compliance with this Article. [Am. 158]

Article 38c

Communication of a personal data breach to the data subject

1.  Where a personal data breach referred to in Article 38b is likely to adversely affect the protection of the personal data or privacy of the data subject, Europol shall communicate the personal data breach to the data subject without undue delay.

2.  The communication to the data subject referred to in paragraph 1 shall describe the nature of the personal data breach and contain the identity and contact details of the data protection officer referred to in Article 44.

3.  The communication of a personal data breach to the data subject shall not be required if Europol demonstrates to the satisfaction of the European Data Protection Supervisor that it has implemented appropriate technological protection measures, and that those measures were applied to the personal data concerned by the personal data breach. Such technological protection measures shall render the data unintelligible to any person who is not authorised to access it.

4.  The communication to the data subject may be delayed, restricted or omitted where it is necessary and proportionate measure with due regard for the legitimate interests of the person concerned:

(a)  to avoid obstructing official or legal inquiries, investigations or procedures;

(b)  to avoid prejudicing the prevention, detection, investigation and prosecution of criminal offences or for the execution of criminal penalties;

(c)  to protect public and national security;

(d)  protect the rights and freedoms of third parties. [Am. 159]

Article 39

Right of access for the data subject

1.  Any data subject shall have the right, at reasonable intervals, to obtain information on whether personal data relating to him/her are processed by Europol. Where such personal data are being processed, Europol shall provide at least the following information to the data subject: [Am. 160]

(a)  confirmation as to whether or not data related to him/her are being processed;

(b)  information at least as to the purposes of the processing operation, the categories of data concerned, the period for which the data will be stored, and the recipients to whom the data are disclosed; [Am. 161]

(c)  communication in an intelligible form of the data undergoing processing and of any available information as to their sources;

(ca)  an indication of the legal basis for processing the data; [Am. 162]

(cb)  the existence of the right to request from Europol rectification, erasure or restriction of processing of personal data concerning the data subject; [Am. 163]

(cc)  a copy of the data undergoing processing. [Am. 164]

2.  Any data subject wishing to exercise the right of access to personal data may make a request to that effect without excessive costs free of charge to the authority appointed for this purpose in the Member State of his/her choice. That authority shall refer the request to Europol without delay and in any case within one month of receipt. Europol shall confirm receipt of the request. [Ams 165 and 234]

3.  Europol shall answer the request without undue delay and in any case within three months of its the receipt of the request from the national authority.[Am. 166]

4.  Europol shall consult the competent authorities of the Member States concerned on a decision to be taken. A decision on access to data shall be conditional on close cooperation between Europol and the Member States directly concerned by the access of the data subject to such data. If a Member State objects to Europol’s proposed response, it shall notify Europol of the reasons for its objection.

5.  Access to personal data The provision of information in response to a request under paragraph 1 shall be refused or restricted, if it constitutes to the extent that such partial or complete refusal is a necessary measure to: [Am. 167]

(a)  enable Europol to fulfil its tasks properly;

(b)  protect security and public order in the Member States or to prevent crime;

(c)  guarantee that any national investigation will not be jeopardised;

(d)  protect the rights and freedoms of third parties.

Any decision on the restriction or refusal of the information requested shall take into account the fundamental rights and interests of the data subject. [Am. 168]

6.  Europol shall inform the data subject in writing on any refusal or restriction of access, on the reasons for such a decision and of his right to lodge a complaint to the European Data Protection Supervisor. Information on the factual and legal reasons on which the decision is based may be omitted where the provision of such information would deprive the restriction imposed by paragraph 5 of its effect.

Article 40

Right to rectification, erasure and blocking

1.  Any data subject shall have the right to ask Europol to rectify personal data relating to him/her if they are incorrect and, where this is possible and necessary, to complete or update them. [Am. 169]

2.  Any data subject shall have the right to ask Europol to erase personal data relating to him/her, if they are no longer required for the purposes for which they are lawfully collected or are lawfully further processed.

3.  Personal data shall be blocked rather than erased if there are reasonable grounds to believe that erasure could affect the legitimate interests of the data subject. Blocked data shall be processed only for the purpose that prevented their erasure.

4.  If data as described in paragraphs 1, 2 and 3 held by Europol have been provided to it by third countries, international organisations, or are the results of Europol's own analyses, Europol shall rectify, erase or block such data and inform, where relevant, the originators of the data. [Am. 170]

5.  If data as described in paragraphs 1 and 2 held by Europol have been provided directly to Europol by Member States, the Member States concerned shall rectify, erase or block such data in collaboration with Europol.

6.  If incorrect data were transferred by another appropriate means or if the errors in the data provided by Member States are due to faulty transfer or were transferred in breach of this Regulation or if they result from their being input, taken over or stored in an incorrect manner or in breach of this Regulation by Europol, Europol shall rectify or erase the data in collaboration with the Member States concerned.

7.  In the cases referred to in paragraphs 4, 5 and 6 all addressees of such data shall be notified forthwith. In accordance with rules applicable to them, the addressees, shall then rectify, erase or block these data in their systems.

8.  Europol shall inform the data subject in writing without undue delay and in any case within three months that data concerning him/her have been rectified, erased or blocked.

9.  Europol shall inform the data subject in writing on any refusal of rectification, of erasure or blocking, and of the possibility of lodging a complaint with the European Data Protection Supervisor and seeking a judicial remedy.

Article 41

Responsibility in data protection matters

1.  Europol shall store personal data in a way that ensures its source according to Article 23 can be established.

1a.  Europol shall store personal data in such a way that they can be rectified and erased. [Am. 171]

2.  The responsibility for the quality of personal data as referred to in Article 34(d) shall lie with the Member State which provided the personal data to Europol and with Europol for personal data provided by Union bodies, third countries or international organisations, as well for personal data retrieved by Europol from publicly-available sources. Union bodies shall be responsible for the quality of the data until and including the moment of the transfer. [Am. 172]

3.  The responsibility for compliance with the principles as specified in Article 34(a), (b), (c) and (e) shall lie with Europol.

4.  The responsibility for the legality of transfer applicable data protection principles shall lie: [Am. 173]

(a)  with the Member State which provided the data in the case of personal data provided by the Member States to Europol; and

(b)  with Europol in the cases of personal data provided by Europol to Member States, and third countries or international organisations.

5.  In case of a transfer between Europol and a Union body, the responsibility for the legality of the transfer shall lie with Europol. Without prejudice to the preceding sentence, where the data are transferred by Europol following a request from the recipient, both Europol and recipient shall bear the responsibility for the legality of this transfer. In addition, Europol shall be responsible for all data processing operations carried out by it.

Europol shall verify the competence of the recipient and evaluate the necessity for the transfer of the data. If doubts arise as to this necessity, Europol shall seek further information from the recipient. The recipient shall ensure that the need for the transfer of the data can be verified. The recipient shall process the personal data only for the purposes for which they were transmitted. [Am. 174]

Article 42

Prior checking

1.  The processing of personal data which will form part of a new filing system to be created in any set of processing operations that serve a single or several related purposes in relation to its core activities shall be subject to prior checking where: [Am. 175]

(a)  special categories of data referred to in Article 36(2) are to be processed;

(b)  the type of processing, in particular using new technologies, mechanisms or procedures, holds otherwise specific risks for the fundamental rights and freedoms, and in particular the protection of personal data, of data subjects.

2.  The prior checks shall be carried out by the European Data Protection Supervisor following receipt of a notification from the Data Protection Officer who, in case of doubt as to the need for prior checking, shall consult the European Data Protection Supervisor.

3.  The European Data Protection Supervisor shall deliver his/her opinion within two months following receipt of the notification. This period may be suspended at any time until the European Data Protection Supervisor has obtained any further information that he/she may have requested. When the complexity of the matter so requires, this period may also be extended for a further two months, by decision of the European Data Protection Supervisor. No more than two extensions shall be possible. This decision shall be notified to Europol prior to expiry of the initial two-month period. [Am. 176]

If the opinion has not been delivered by the end of the two-month period, or any extension thereof, it shall be deemed to be favourable.

If the opinion of the European Data Protection Supervisor is that the notified processing may involve a breach of any provision of this Regulation, he/she shall where appropriate make proposals to avoid such breach. Where Europol does not modify the processing operation accordingly, the European Data Protection Supervisor may exercise the powers granted to him/her under Article 46(3).

4.  The European Data Protection Supervisor shall keep a register of all processing operations have been notified to him/her pursuant to paragraph 1. Such a register shall be integrated into the register referred to in Article 27(5) of Regulation (EC) No 45/2001.

Article 43

Logging and documentation

1.  For the purposes of verifying the lawfulness of data processing, self-monitoring and ensuring proper data integrity and security Europol shall keep records of collection, alteration, access, retrieval, disclosure, combination or erasure of personal data. Such logs or documentation shall be deleted after three years, unless the data are further required for on-going control. There shall be no possibility to modify the logs. [Am. 177]

2.  Logs or documentation prepared under paragraph 1 shall be communicated on request to the European Data Protection Supervisor for the control of data protection. The European Data Protection Supervisor shall use that information only for the control of data protection and ensuring proper data processing as well as data integrity and security.

Article 44

Data Protection Officer

1.  The Management Board shall appoint a Data Protection Officer who shall be a member of the staff. In the performance of his/her duties, he/she shall act independently.

2.  The Data Protection Officer shall be selected on the basis of his/her personal and professional qualities and, in particular, the expert knowledge of data protection.

3.  The selection of the Data Protection Officer shall not be liable to result in a conflict of interests between his/her duty as Data Protection Officer and any other official duties, in particular in relation to the application of the provisions of this Regulation.

4.  The Data Protection Officer shall be appointed for a term of between two and five years. He/she shall be eligible for reappointment up to a maximum total term of ten years. He/she may be dismissed from the post of Data Protection Officer by the Community institution or body which appointed him/her only with the consent of the European Data Protection Supervisor, if he/she no longer fulfills the conditions required for the performance of his/her duties.

5.  After his/her appointment the Data Protection Officer shall be registered with the European Data Protection Supervisor by the institution or body which appointed him/her.

6.  With respect to the performance of his/her duties, the Data Protection Officer may not receive any instructions.

7.  The Data Protection Officer shall in particular have the following tasks with regard to personal data, with the exception of personal data of Europol staff members as well as administrative personal data:

(a)  ensuring, in an independent manner, lawfulness and compliance with the internal application of the provisions of this Regulation concerning the processing of personal data; [Am. 178]

(b)  ensuring that a record of the transfer and receipt of personal data is kept in accordance with this Regulation;

(c)  ensuring that data subjects are informed of their rights under this Regulation at their request;

(d)  cooperating with Europol staff responsible for procedures, training and advice on data processing;

(e)  cooperating with the European Data Protection Supervisor, especially with regards to the processing operations referred to in Article 42; [Am. 179]

(f)  preparing an annual report and communicating that report to the Management Board and to the European Data Protection Supervisor;

(fa)  acting as a contact point for access requests pursuant to Article 39; [Am. 180]

(fb)  keeping a register of all processing operations carried out by Europol, including, where relevant, information regarding the purpose, data categories, recipients, time limits for blocking and erasure, transfers to third countries or international organisations and security measures; [Am. 181]

(fc)  keeping a register of incidents and security breaches affecting operational or administrative personal data. [Am. 182]

8.  Moreover, the Data Protection Officer shall carry out the functions foreseen by Regulation (EC) No 45/2001 with regard to personal data of Europol staff members as well as administrative personal data. [Am. 183]

9.  In the performance of his/her tasks, the Data Protection Officer shall have access to all the data processed by Europol and to all Europol premises. Such access shall be possible at any time and without prior request. [Am. 184]

10.  If the Data Protection Officer considers that the provisions of this Regulation concerning the processing of personal data have not been complied with, he/she shall inform the Executive Director, requiring him/her to resolve the non-compliance within a specified time. If the Executive Director does not resolve the non-compliance of the processing within the time specified, the Data Protection Officer shall inform the Management Board and they shall agree a specified time for a response. If the Management Board does not resolve the non-compliance of the processing within the time specified, the Data Protection Officer shall refer the matter to the European Data Protection Supervisor.

11.  The Management Board shall adopt implementing rules concerning the Data Protection Officer. Those implementing rules shall in particular concern the selection procedure for the position of the Data Protection Officer and his/her dismissal, tasks, duties and powers and safeguards for independence of the Data Protection Officer. Europol shall provide the Data Protection Officer with the staff and resources necessary for him/her to carry out his/her duties. These staff members shall have access to the personal data processed at Europol and to Europol premises only to the extent necessary for the performance of their tasks. Such access shall be possible at any time and without prior request. [Am. 185]

11a.  The Data Protection Officer shall be provided with the resources necessary for the performance of his/her tasks. [Am. 186]

Article 45

Supervision by the national supervisory authority

1.  Each Member State shall designate a national supervisory authority with the task of monitoring independently, in accordance with its national law, the permissibility of the transfer, the retrieval and any communication to Europol of personal data by the Member State concerned and to examine whether such transfer, retrieval or communication violates the rights of the data subject. For this purpose, the national supervisory authority shall have access, at the National Unit or at liaison officers’ premises, to data submitted by its Member State to Europol in accordance with the relevant national procedures.

2.  For the purpose of exercising their supervisory function, national supervisory authorities shall have access to the offices and documents of their respective liaison officers at Europol.

3.  National supervisory authorities shall, in accordance with the relevant national procedures, supervise the activities of National Units and the activities of liaison officers, in so far as such activities are of relevance to the protection of personal data. They shall also keep the European Data Protection Supervisor informed of any actions they take with respect to Europol.

4.  Any person shall have the right to request the national supervisory authority to verify that the transfer or communication to Europol of data concerning him/her in any form and the access to the data by the Member State concerned are lawful. This right shall be exercised in accordance with the national law of the Member State in which the request is made.

Article 46

Supervision by the European Data Protection Supervisor

1.  The European Data Protection Supervisor shall be responsible for monitoring and ensuring the application of the provisions of this Regulation relating to the protection of fundamental rights and freedoms of natural persons with regard to processing personal data by Europol, and for advising Europol and data subjects on all matters concerning the processing of personal data. To this end, he/ she shall fulfil the duties set out in paragraph 2 and shall exercise the powers granted in paragraph 3.

2.  The European Data Protection Supervisor shall have the following duties under this Regulation:

(a)  hear and investigate complaints, and inform the data subject of the outcome within a reasonable period;

(b)  conduct inquiries either on his/her own initiative or on the basis of a complaint, and inform the data subjects of the outcome within a reasonable period without delay; [Am. 187]

(c)  monitor and ensure the application of the provisions of this Regulation and any other Union act relating to the protection of natural persons with regard to the processing of personal data by Europol;

(d)  advise Europol, either on his/her own initiative or in response to a consultation, on all matters concerning the processing of personal data, in particular before they draw up internal rules relating to the protection of fundamental rights and freedoms with regard to the processing of personal data;

(e)  determine, give reasons for and make public the exemptions, safeguards, authorisations and conditions mentioned in Article 36(4).

(f)  keep a register of processing operations notified to him/her by virtue of Article 42(1) and registered in accordance with 42(4),

(g)  carry out a prior check of processing notified to him/her.

3.  The European Data Protection Supervisor may under this Regulation:

(a)  give advice to data subjects in the exercise of their rights;

(b)  refer the matter to Europol in the event of an alleged breach of the provisions governing the processing of personal data, and, where appropriate, make proposals for remedying that breach and for improving the protection of the data subjects;

(c)  order that requests to exercise certain rights in relation to data be complied with where such requests have been refused in breach of Articles 39 and 40;

(d)  warn or admonish Europol;

(e)  order the rectification, blocking, erasure or destruction of all data when they that have been processed in breach of the provisions governing the processing of personal data and the notification of such actions to third parties to whom the data have been disclosed; [Am. not concerning all languages]

(f)  impose propose to the Management Board that a temporary or definitive partial or total ban be imposed on processing; [Am. 189]

(g)  refer the matter to Europol and, if necessary, to the European Parliament, the Council and the Commission;

(h)  refer the matter to the Court of Justice of the European Union under the conditions provided for in the Treaty;

(i)  intervene in actions brought before the Court of Justice of the European Union.

4.  The European Data Protection Supervisor shall have the power:

(a)  to obtain from Europol access to all personal data and to all information necessary for his/her enquiries;

(b)  to obtain access to any premises in which Europol carries on its activities when there are reasonable grounds for presuming that an activity covered by this Regulation is being carried out there.

5.  The European Data Protection Supervisor shall draw up an annual report on the supervisory activities on Europol. This report shall be part of the annual report of the European Data Protection Supervisor referred to in Article 48 of Regulation (EC) No 45/2001.

This report shall include statistical information regarding complaints, inquiries, investigations, the processing of sensitive information, transfers of personal data to third countries and international organisations, prior checking and notifications, and the use of the powers referred to in paragraph 3.

This report shall be forwarded and presented to the Joint Parliamentary Scrutiny Group, and shall be forwarded to the Council, the Commission and national parliaments. On the basis of this report, the European Parliament and the Council may request the European Data Protection Supervisor to undertake additional action to ensure the application of the provisions of this Regulation. [Am. 190]

6.  Members and staff of the European Data Protection Supervisor shall be bound by the obligation of confidentiality in accordance with Article 69.

Article 47

Cooperation between the European Data Protection Supervisor and national data protection authorities

1.  The European Data Protection Supervisor shall act in close cooperation with national supervisory authorities on specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national supervisory authority finds major discrepancies between the practices of Member States or potentially unlawful transfer in the use of Europol’s channels for exchange of information, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulation.

2.  In the cases referred to in paragraph 1, The European Data Protection Supervisor shall, where relevant, use the expertise and experience of national data protection authorities in carrying out his duties set out in Article 46(2). In carrying out activities in cooperation with the European Data Protection Supervisor, members and staff of national data protection authorities shall, taken due account of the principle of subsidiarity and proportionality, have equivalent powers as those laid down in Article 46(4) and be bound by an equivalent obligation as that laid down in Article 46(6). The European Data Protection Supervisor and the national supervisory authorities shall, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties of interpretation or application of this Regulation, study problems relating to the exercise of independent supervision or the exercise of the rights of data subjects, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary. [Am. 191]

2a.  The European Data Protection Supervisor shall keep national supervisory authorities fully informed of all issues relevant for them. [Am. 192]

2b.  In cases where specific issues concern data originating from one or several Member States, the European Data Protection Supervisor shall consult the concerned and competent national supervisory authorities. The European Data Protection Supervisor shall not decide on further action to be taken before the concerned and competent national supervisory authorities have informed the European Data Protection Supervisor of their position, within a deadline specified by the EDPS which shall not be shorter than two months. The EDPS shall take utmost account of the position of the concerned and competent national supervisory authorities. In cases where the EDPS intends not to follow their position, he shall inform them and provide a justification. In cases which the EDPS deems to be extremely urgent, he may decide to take immediate action. In such cases, the EDPS shall immediately inform the concerned and competent national supervisory authorities and justify the urgent nature of the situation as well as the action he has taken. [Am. 193]

2c.  The European Data Protection Supervisor shall consult the concerned and competent national supervisory authorities before taking any of the actions stipulated Article 46(3), points (e) to (h). The EDPS shall take utmost account of the position of the concerned and competent national supervisory authorities communicated within a deadline specified by him and which shall not be shorter than two months. If the EDPS intends not to follow the positions of national supervisory authorities, he shall inform them and provide a justification. In cases which the EDPS deems to be extremely urgent, he may decide to take immediate action. In such cases, the EDPS shall immediately inform the concerned and competent national supervisory authorities and justify the urgent nature of the situation as well as the action he has taken. The European Data Protection Supervisor shall refrain from taking action if all national supervisory authorities informed the European Data Protection Supervisor of their negative position. [Am. 194]

3.  The heads of the national supervisory authorities and the European Data Protection Supervisor shall meet, where needed at least once per year to discuss strategic and general policy issues or other issues referred to in paragraphs 1 and 2. The costs and servicing of such meetings shall be borne by the European Data Protection Supervisor. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary. [Am. 195]

Article 48

Administrative personal data and Staff data [Am. 196]

Regulation (EC) No 45/2001 shall apply to all personal data of Europol staff members as well as administrative personal data held by Europol. [Am. 197]

Chapter VIII

REMEDIES AND LIABILITY

Article 49

Right to lodge a complaint with the European Data Protection Supervisor

1.  Any data subject shall have the right to lodge a complaint with the European Data Protection Supervisor, if he/she considers that the processing of personal data relating to him/her does not comply with the provisions of this Regulation.

2.  Where a complaint relates to a decision as referred to in Article 39 or 40, the European Data Protection Supervisor shall consult the national supervisory bodies or the competent judicial body in the Member State(s) that was the source of the data or the Member State(s) directly concerned. The decision of the European Data Protection Supervisor, which may extend to a refusal to communicate any information, shall be taken in close cooperation with the national supervisory body or competent judicial body. [Am. 198]

3.  Where a complaint relates to the processing of data provided by a Member State to Europol, the European Data Protection Supervisor shall ensure that the necessary checks have been carried out correctly, in close cooperation with the national supervisory body of the Member State that provided the data, shall ensure that the data processing in the Member State concerned was lawful and that the necessary checks have been carried out correctly. [Am. 199]

4.  Where a complaint relates to the processing of data provided to Europol by EU entities, third countries or international organisations, the European Data Protection Supervisor shall ensure that Europol has carried out the necessary checks.

Article 50

Right to a judicial remedy against the European Data Protection Supervisor

Actions against the decisions of the European Data Protection Supervisor shall be brought before the Court of Justice of the European Union.

Article 51

General provisions on liability and the right to compensation

1.  Europol’s contractual liability shall be governed by the law applicable to the contract in question.

2.  The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause in a contract concluded by Europol.

3.  Without prejudice to Article 52, in the case of non-contractual liability, Europol shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.

4.  The Court of Justice of the European Union shall have jurisdiction in disputes over compensation for damages referred to in paragraph 3.

5.  The personal liability of Europol staff towards Europol shall be governed by the provisions laid down in the Staff Regulations or Conditions of Employment applicable to them.

Article 52

Liability for incorrect personal data processing and the right to compensation

1.  Any individual who has suffered damage as a result of an unlawful data processing operation shall have the right to receive compensation for damage suffered either from Europol in accordance with Article 340 TFEU, or from the Member State in which the event that gave rise to the damage occurred, in accordance with its national law. The individual shall bring an action against Europol to the Court of Justice of the European Union or against the Member State to a competent national court of this Member State.

2.  Any dispute between Europol and Member States over the ultimate responsibility for compensation awarded to an individual in accordance with paragraph 1 shall be referred to the Management Board, which shall decide by a majority of two-third of its members, without prejudice of the right to challenge this decision in accordance with article 263 TFEU.

Chapter IX

PARLIAMENTARY SCRUTINY

Article 53

Joint Parliamentary scrutiny

1.  The mechanism for the control of Europol's activities by the European Parliament, together with national parliaments, shall take the form of a specialised Joint Parliamentary Scrutiny Group, to be established within the competent committee of the European Parliament, comprising the full members of the competent committee of the European Parliament and one representative of the competent committee of the national parliament for each Member State and a substitute. Member States with bicameral parliamentary systems may instead be represented by a representative from each chamber.

2.  The Joint Parliamentary Scrutiny Group meetings shall always be convened in the European Parliament premises by the Chair of the European Parliament's competent committee. The meetings shall be co-chaired by the Chair of the competent committee of the European Parliament and the representative from the national Parliament of the Member State holding the rotating Council Presidency.

3.  The Joint Parliamentary Scrutiny Group shall monitor the application of the provisions of this Regulation, in particular in relation to their impact on the fundamental rights and freedoms of natural persons.

4.  To this end, the Joint Parliamentary Scrutiny Group shall have the following duties:

1.   (a) The the Chairperson of the Management Board and, the Executive Director and a representative of the Commission shall appear before the European Parliament, jointly with national Parliaments, the Joint Parliamentary Scrutiny Group at their its request to discuss matters relating to Europol, taking into account, if appropriate, the obligations of discretion and confidentiality. The Group may decide to invite to its meetings other relevant persons, if appropriate;

2.  Parliamentary scrutiny by the European Parliament, together with national Parliaments, of Europol’s activities shall be exercised in accordance with this Regulation.

(b)  the European Data Protection Supervisor shall appear before the Joint Parliamentary Scrutiny Group at its request and at least once per year to discuss matters relating to the protection of fundamental rights and freedoms of natural persons, and in particular the protection of personal data, with regard to Europol's operations, taking into account, if appropriate, the obligations of discretion and confidentiality.

The following documents shall be presented and debated in the Joint Parliamentary Scrutiny Group meetings:

–  the draft annual and multiannual work programmes, referred to in Article 15;

–  the consolidated annual activity report on Europol’s activities, referred to in Article 14;

–  the annual report of the European Data Protection Supervisor on the supervisory activities of Europol, referred to in Article 46;

–  the evaluation report drawn up by the Commission to review the effectiveness and efficiency of Europol, referred to in Article 70.

The following persons shall appear before the Joint Parliamentary Scrutiny Group at its request:

–  the selected candidates for the posts of Executive Director, referred to in Article 56(2);

–  the Executive Director, whose term of office is intended to be extended, as provided for in Article 56(5);

–  the Executive Director, in order to report on the performance of their duties.

The Chairperson of the Management Board shall inform the Joint Parliamentary Scrutiny Group before removing the Executive Director from office, as well as to the reasons or grounds for such decision.

3.5.   In addition to the obligations of information and consultation set out in this Regulation, Europol shall transmit to the European Parliament and to the national parliaments Joint Parliamentary Scrutiny Group, taking into account, if appropriate, the obligations of discretion and confidentiality, for information:

(a)  threat assessments, strategic analyses and general situation reports relating to Europol’s objective as well as the results of studies and evaluations commissioned by Europol;

(b)  the working arrangements adopted pursuant to Article 31(1).

6.  The Joint Parliamentary Scrutiny Group may request any relevant document necessary for the fulfilment of its tasks, subject to Regulation (EC) No 1049/2001 of the European Parliament and of the Council (18) as well as rules governing the treatment of confidential information by the European Parliament.

7.  The Joint Parliamentary Scrutiny Group may draw up summary conclusions on the supervisory activities on Europol to the European Parliament. [Am. 200]

Article 54

Access of the European Parliament to Classified Information processed by or through Europol

1.  For the purpose of enabling it to exercise parliamentary scrutiny of Europol’s activities in accordance with Article 53, access to European Union Classified Information and sensitive non-classified information processed by or through Europol may shall be granted to the European Parliament Joint Parliamentary Scrutiny Group and its representatives upon request and where relevant, after the consent of the data provider.

2.  Given the sensitive and classified nature of this information, access to European Union Classified Information and sensitive non-classified information shall be in compliance with the basic principles and minimum standards as referred to in Article 69. The rules governing the treatment of confidential information by the European Parliament(19). Further details shall may be governed by a working arrangement concluded between Europol and the European Parliament. [Am. 201]

Chapter X

STAFF

Article 55

General provisions

1.  The Staff Regulations and the Conditions of Employment of Other Servants and the rules adopted by agreement between the institutions of the Union for giving effect to those Staff Regulations and the conditions of Employment of other Servants shall apply to the staff of Europol with the exception of staff who at the date of application of this Regulation are under contracts concluded by Europol as established by the Europol Convention.

2.  Europol staff shall consist of temporary staff and/or contract staff. The Management Board shall decide which temporary posts provided for in the establishment plan can be filled only by staff engaged from the competent authorities of the Member States. Staff recruited to occupy such posts shall be temporary agents and may be awarded only fixed-term contracts renewable once for a fixed period.

2a.  The appointing authority shall make full use of the possibilities given by the Staff Regulation and provide specialised staff such as IT-experts with a higher function group and grade according to their qualification to fulfil the tasks of the Agency pursuant to Article 4 in an ideal manner. [Am. 202]

Article 56

Executive Director

1.  The Executive Director shall be engaged as a temporary agent of Europol under Article 2(a) of the Conditions of Employment of Other servants.

2.  The Executive Director shall be appointed by the Management Board, from a list of in accordance with a cooperation procedure, which shall be as follows:

(a)  on the basis of a list of at least three candidates proposed by a committee composed of the Commission representative on the Management Board and two other members of the Management Board, following an open and transparent selection procedure, the applicants will be asked, before appointment, to address the Council and the Joint Parliamentary Scrutiny Group and, to reply to questions;

(b)  the Joint Parliamentary Scrutiny Group and the Council will then give their opinions and state their orders of preference;

(c)  the Management Board will appoint the Executive Director taking these opinions into account.

For the purpose of concluding the contract with the Executive Director, Europol shall be represented by the Chairperson of the Management Board.

Before appointment, the candidate selected by the Management Board may be invited to make a statement before the competent committee of the European Parliament and to answer questions put by its members. [Am. 203]

3.  The term of office of the Executive Director shall be five years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director’s performance and Europol’s future tasks and challenges.

4.  The Management Board, after seeking the opinion of the Joint Parliamentary Scrutiny Group and acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 3, may extend the term of office of the Executive Director once, for no more than five years. [Am. 204]

5.  The Management Board shall inform the European Parliament if it intends to extend the Executive Director’s term of office. Within the month before any such extension, the Executive Director may shall be invited to make a statement before the competent committee of the Parliament Joint Parliamentary Scrutiny Group and answer questions put by its members. [Am. 205]

6.  An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.

7.  The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission, explained to the Joint Parliamentary Scrutiny Group and the Council. [Am. 206]

8.  The Management Board shall reach decisions on appointment, extension of the term of office and removal from office of the Executive Director and/or Deputy Executive Director(s) on the basis of a two-thirds majority of its members with voting rights.

Article 57

Deputy Executive Directors

1.  Four Three Deputy Executive Directors, including one responsible for training, shall assist the Executive Director. The Deputy Executive Director for Training shall be responsible for managing the Europol Academy and its activities. The Executive Director shall define the tasks of the others. [Am. 207]

2.  Article 56 shall apply to the Deputy Executive Directors. The Executive Director shall be consulted prior to their appointment or removal from office.

Article 58

Seconded national experts and other staff

1.  Europol may make use of seconded national experts or other staff not employed by the agency.

2.  The Management Board shall adopt a decision laying down rules on the secondment of national experts to Europol.

Chapter XI

FINANCIAL PROVISIONS

Article 59

Budget

1.  Estimates of all revenue and expenditure for Europol shall be prepared each financial year, corresponding to the calendar year, and shall be shown in Europol’s budget.

2.  Europol’s budget shall be balanced in terms of revenue and of expenditure.

3.  Without prejudice to other resources, Europol’s revenue shall comprise a contribution from the Union entered in the general budget of the European Union.

4.  Europol may benefit from Union funding in the form of delegation agreements or ad-hoc and exceptional grants in accordance with the provisions of the relevant instruments supporting the policies of the Union.

5.  The expenditure of Europol shall include staff remuneration, administrative and infrastructure expenses, and operating costs.

Article 60

Establishment of the budget

1.  Each year the Executive Director shall draw up a draft statement of estimates of Europol’s revenue and expenditure for the following financial year, including the establishment plan, and send it to the Management Board.

2.  The Management Board shall, on the basis of that draft, produce a provisional draft estimate of Europol’s revenue and expenditure for the following financial year. The provisional draft estimate of Europol’s revenue and expenditure shall be sent to the Commission each year by [date set out in the framework Financial Regulation]. The Management Board shall send and submit a final draft estimate, which shall include a draft establishment plan, to the Joint Parliamentary Scrutiny Group, the Commission, the European Parliament and the Council and the national parliaments by 31 March. [Am. 208]

3.  The Commission shall send the statement of estimates to the European Parliament and the Council (the budgetary authority) together with the draft general budget of the European Union.

4.  On the basis of the statement of estimates, the Commission shall enter in the draft general budget of the European Union the estimates it considers necessary for the establishment plan and the amount of the contribution to be charged to the general budget, which it shall place before the budgetary authority in accordance with Articles 313 and 314 TFEU.

5.  The budgetary authority shall authorise the appropriations for Europol’s contribution.

6.  The budgetary authority shall adopt Europol’s establishment plan.

7.  Europol’s budget shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the Union. Where necessary, it shall be adjusted accordingly.

8.  For any project, in particular building projects, likely to have significant implications for the budget, the provisions of [the framework Financial Regulation] shall apply. .

Article 61

Implementation of the budget

1.  The Executive Director shall implement Europol’s budget.

2.  Each year the Executive Director shall send to the budgetary authority all information relevant to the findings of evaluation procedures.

Article 62

Presentation of accounts and discharge

1.  By 1 March following each financial year, Europol’s accounting officer shall communicate the provisional accounts to the Commission’s Accounting Officer and to the Court of Auditors.

2.  Europol shall send the report on the budgetary and financial management to the European Parliament, and submit it to the Joint Parliamentary Scrutiny Group, the Council and the Court of Auditors by 31 March of the following financial year. [Am. 209]

3.  By 31 March following each financial year, the Commission’s accounting officer shall send Europol’s provisional accounts consolidated with the Commission’s accounts to the Court of Auditors.

4.  On receipt of the Court of Auditors’ observations on Europol’s provisional accounts pursuant to Article 148 of the Financial Regulation, the accounting officer shall draw up Europol’s final accounts. The Executive Director shall submit them to the Management Board for an opinion.

5.  The Management Board shall deliver an opinion on Europol’s final accounts.

6.  The Executive Director shall, by 1 July following each financial year, send and submit the final accounts to the European Parliament Joint Parliamentary Scrutiny Group, the Council, the Commission, the Court of Auditors and national Parliaments parliaments, together with the Management Board’s opinion. [Am. 210]

7.  The final accounts shall be published.

8.  The Executive Director shall send the Court of Auditors a reply to the observations made in its annual report by [date set out in the framework Financial Regulation]. He/she shall also send the reply to the Management Board.

9.  The Executive Director shall submit to the European Parliament, at the latter’s request, any information required for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 165(3) of the Financial Regulation.

10.  On a recommendation from the Council acting by a qualified majority, the European Parliament shall, before 15 May of year N + 2, give a discharge to the Executive Director in respect of the implementation of the budget for year N.

Article 63

Financial rules

1.  The financial rules applicable to Europol shall be adopted by the Management Board after consultation with the Commission. They shall not depart from [the framework Financial Regulation] unless such a departure is specifically required for Europol's operation and the Commission has given its prior consent. The European Parliament shall be notified of any such departure. [Am. 211]

2.  Because of the specificity of the Members of the Network of National Training Institutes which are the only bodies with specific characteristics and technical competences to perform relevant training activities, these members may receive grants without a call for proposals in accordance with Article 190(1)(d) of the Commission Delegated Regulation (EU) No 1268/2012.(20) [Am. 212]

Chapter XII

MISCALLANEOUS PROVISIONS

Article 64

Legal status

1.  Europol shall be a body of the Union. It shall have legal personality.

2.  In each of the Member States Europol shall enjoy the most extensive legal capacity accorded to legal persons under their laws. Europol may, in particular, acquire and dispose of movable and immovable property and be a party to legal proceedings.

3.  The seat of Europol shall be The Hague, in the Netherlands.

Article 65

Privileges and immunity

1.  The Protocol on the Privileges and Immunities of the European Union shall apply to Europol and its staff.

2.  Privileges and immunities of liaison officers and members of their families shall be subject to an agreement between the Kingdom of Netherlands and the other Member States. That agreement shall provide for such privileges and immunities as are necessary for the proper performance of the tasks of liaison officers.

Article 66

Language arrangements

1.  The provisions laid down in Regulation No 1(21) shall apply to Europol.

2.  The translation services required for the functioning of Europol shall be provided by the Translation Centre of the bodies of the European Union.

Article 67

Transparency

1.  Regulation (EC) No 1049/2001 shall apply to all administrative documents held by Europol. [Am. 213]

2.  On the basis of a proposal by the Executive Director, and by six months after the entry into force of this Regulation at the latest, the Management Board shall adopt the detailed rules for applying Regulation (EC) No 1049/2001 with regard to Europol documents.

3.  Decisions taken by Europol under Article 8 of Regulation (EC) No 1049/2001 may form the subject of a complaint to the Ombudsman or of an action before the Court of Justice of the European Union, under the conditions laid down in Articles 228 and 263 TFEU.

3a.  Europol shall publish on its website a list of its Management Board members and external and in-house experts, together with their respective declarations of interests and curricula vitae. The minutes of the meetings of the Management Board shall be systematically published. Europol may temporary or permanently restrict the publication of documents if it risks jeopardising the performance of Europol's tasks, taking into account its obligations of discretion and confidentiality. [Am. 214]

Article 67a

Prior notification and red-flag-mechanism

The Commission shall activate a warning system if it has serious concerns that the Management Board may be about to take decisions which would not comply with Europol's mandate, would breach Union law or would be in contradiction with Union policy objectives. In such cases, the Commission shall raise the matter formally with the Management Board and ask it to refrain from adopting the relevant decision. Should the Management Board refuse to comply with the request, the Commission shall formally inform the European Parliament and the Council thereof, with a view to a swift response. The Commission may ask the Management Board to refrain from implementing the contentious decision for as long as the representatives of the institutions are still discussing the issue. [Am. 215]

Article 68

Combating fraud

1.  In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EC) No 1073/1999, within six months from the day Europol becomes operational, it shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-Fraud Office (OLAF)(22) and adopt appropriate provisions applicable to all employees of Europol using the template set out in the Annex to that agreement.

2.  The European Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds from Europol.

3.  OLAF may carry out investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by Europol, in accordance with the provisions and procedures laid down in Regulation (EC) No 1073/1999 and Council Regulation (Euratom, EC) No 2185/96(23).

4.  Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of Europol shall contain provisions expressly empowering the European Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences.

Article 69

Security rules on the protection of classified information

Europol shall establish its own rules on the obligations of discretion and confidentiality, and on the protection of European Union classified information and sensitive non-classified information, taking into account the basic principles and minimum standards of Decision 2011/292/EU. This shall cover, inter alia, provisions for the exchange, processing and storage of such information.

Article 70

Evaluation and review

1.  No later than five years after [the date of application of this Regulation,] and every five years thereafter, the Commission shall commission an evaluation to assess particularly the impact, effectiveness and efficiency of Europol and its working practices as well as the functioning of the mechanisms for control of Europol's activities by the European Parliament together with national parliaments. The evaluation shall, in particular, address the possible need to modify the objectives of Europol, and the financial implications of any such modification. [Am. 216]

2.  The Commission shall forward and submit the evaluation report together with its conclusions on the report , if appropriate accompanied by a proposal to amend this Regulation, to the European Parliament, Joint Parliamentary Scrutiny Group, the Council, the national parliaments and the Management Board. In addition, the Commission shall provide the European Parliament, the Council and the national parliaments with any other information on the evaluation if requested. [Am. 217]

3.  On the occasion of every second evaluation, the Commission shall also assess the results achieved by Europol having regard to its objective, mandate and tasks. If the Commission considers that the continuation of Europol is no longer justified with regard to its assigned objectives and tasks, it may propose that this Regulation be amended accordingly or repealed under the ordinary legislative procedure. [Am. 218]

Article 71

Administrative inquiries

The activities of Europol shall be subject to the controls of the European Ombudsman in accordance with Article 228 TFEU.

Article 72

Headquarter

1.  The necessary arrangements concerning the accommodation to be provided for Europol in the host Member State and the facilities to be made available by that Member State together with the specific rules applicable in the host Member State to the Executive Director, members of the Management Board, Europol’s staff and members of their families shall be laid down in a Headquarters Agreement between Europol and Member State where the seat is located, concluded after obtaining the approval of the Management Board and no later than [2 years after the entry into force of this Regulation].

2.  Europol’s host Member State shall provide the best possible conditions to ensure the functioning of Europol, including multilingual, European-oriented schooling and appropriate transport connections.

Chapter XIII

TRANSITIONAL PROVISIONS

Article 73

General legal succession

1.  Europol, as established by this Regulation, shall be the general legal successor in respect of all contracts concluded by, liabilities incumbent on, and properties acquired by Europol, as established by Decision 2009/371/JHA and CEPOL, as established under Decision 2005/681/JHA. [Am. 219]

2.  This Regulation shall not affect the legal force of agreements concluded by Europol as established by Decision 2009/371/JHA before the date of entry into force of this Regulation.

3.  This Regulation shall not affect the legal force of agreements concluded by CEPOL as established by Decision 2005/681/JHA before the date of entry into force of this Regulation. [Am. 220]

4.  By way of derogation from paragraph 3, the Headquarters Agreement concluded on the basis of the Decision 2005/681/JHA shall be terminated from the date of entry into application of this Regulation. [Am. 221]

Article 74

Transitional arrangements concerning the Management Board

1.  The term of office of the members of the Governing Board of CEPOL as established on the basis of Article 10 of Decision 2005/681/JHA shall terminate on [date of entry into force of this Regulation]. [Am. 222]

2.  The term of office of the members of the Management Board of Europol as established on the basis of Article 37 of Decision 2009/371/JHA shall terminate on [date of entry into application of this Regulation].

3.  The Management Board as established on the basis of Article 37 of Decision 2009/371/JHA shall within the period between the date of entry into force and the date of entry into application:

(a)  exercise the functions of the Management Board as referred to in Article 14 of this Regulation;

(b)  prepare the adoption of the rules on the obligations of confidentiality and discretion, and the protection of EU classified information referred to in Article 69 of this Regulation;

(c)  prepare any instrument necessary for the application of this Regulation; and

(d)  revise the non-legislative measures implementing Decision 2009/371/JHA so as to allow the Management Board established pursuant Article 13 of this Regulation to take a decision pursuant to Article 78(2).

4.  The Commission shall take the measures necessary without delay after the entry into force of this Regulation to ensure that the Management Board established in accordance with Article 13 starts its work at the [date of entry into application of the Regulation];

5.  By 6 months from the date of entry into force of this Regulation at the latest the Member States shall notify the Commission of the names of the persons whom they have appointed as member and alternate member of the Management Board, in accordance with Article 13.

6.  The Management Board established pursuant to Article 13 of this Regulation shall hold its first meeting on [the date of entry into application of this Regulation]. On that occasion it shall, if necessary, take a decision as referred to in Article 78(2).

6a.  The Management Board shall formulate detailed provisions governing the procedure provided for in Article 67a and submit them to the Commission for approval. [Am. 223]

Article 75

Transitional arrangements concerning the Executive Directors and the Deputy Directors

1.  The Executive Director appointed on the basis of Article 38 of Decision 2009/371/JHA shall, for the remaining periods of his/her term of office, be assigned to the responsibilities of the Executive Director as provided for in Article 19 of this Regulation. The other conditions of his/her contract remain unchanged. If the term of office ends after [the date of entry of this Regulation] but before [the date of application of this Regulation], it shall be extended automatically until one year after the date of application of this Regulation.

2.  Should the Executive Director be unwilling or unable to act in accordance with paragraph 1, the Commission shall designate a Commission official to act as interim Executive Director and exercise the duties assigned to the Executive Director for a period not exceeding 18 months, pending the appointments provided for in Article 56.

3.  Paragraphs 1 and 2 shall apply to the Deputy Directors appointed on the basis of Article 38 of Decision 2009/371/JHA.

4.  The Executive Director of CEPOL appointed on the basis of Article 11(1) of Decision 2005/681/JHA shall, for the remaining periods of his/her term of office, be assigned to the functions of the Deputy Executive Director of training of Europol. The other conditions of his/her contract remain unchanged. If the term of office ends after [the date of entry into force of this Regulation] but before [the date of application of this Regulation], he/she shall be extended automatically until one year after the date of application of this Regulation. [Am. 224]

Article 76

Transitional budgetary provisions

1.  For each of the three budgetary years following the entry into force of this Regulation, at least EUR 8 million of the operational expenses of Europol shall be reserved for training, as described in Chapter III. [Am. 225]

2.  The discharge procedure in respect of the budgets approved on the basis of Article 42 of Decision 2009/371/JHA shall be carried out in accordance with the rules established by Article 43 of Decision 2009/371/JHA and the financial rules of Europol.

Chapter XIV

FINAL PROVISIONS

Article 77

Replacement

This Regulation replaces and repeals Decision 2009/371/JHA and Decision 2005/681/JHA.

References to the replaced Decisions Decision shall be construed as references to this Regulation. [Am. 226]

Article 78

Repeal

1.  All legislative measures implementing the Decisions Decision 2009/371/JHA and Decision 2005/681/JHA are repealed with effect from the date of application of this Regulation.

2.  All non-legislative measures implementing Decision 2009/371/JHA which sets up the European Police Office (Europol) and Decision 2005/681/JHA which sets up CEPOL shall remain in force following the [date of application of this Regulation], unless otherwise decided by the Management Board of Europol in the implementation of this Regulation. [Am. 227]

Article 79

Entry into force and application

1.  This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

2.  It shall apply from [date of application].

However, Articles 73, 74 and 75 shall apply from [the date of entry into force of this Regulation].

Done at

For the European Parliament For the Council

The President The President

ANNEX I

List of offences with respect to which Europol shall support and strengthen action by the competent authorities of the Member States and their mutual cooperation in accordance with Article 3(1) of this Regulation

–  terrorism,

–  organised crime,

–  unlawful drug trafficking,

–  illegal money-laundering activities,

–  crime connected with nuclear and radioactive substances,

–  illegal immigrant smuggling,

–  trafficking in human beings,

–  motor vehicle crime,

–  murder, grievous bodily injury,

–  illicit trade in human organs and tissue,

–  kidnapping, illegal restraint and hostage taking,

–  racism and xenophobia,

–  robbery,

–  illicit trafficking in cultural goods, including antiquities and works of art,

–  swindling and fraud, including fraud affecting the financial interests of the Union

–  racketeering and extortion,

–  counterfeiting and product piracy,

–  forgery of administrative documents and trafficking therein,

–  forgery of money and means of payment,

–  computer crime,

–  corruption,

–  illicit trafficking in arms, ammunition and explosives,

–  illicit trafficking in endangered animal species,

–  illicit trafficking in endangered plant species and varieties,

–  environmental crime, including ship source pollution

–  illicit trafficking in hormonal substances and other growth promoters,

–  sexual abuse and sexual exploitation of individuals, especially women and children. [Am. 228]

ANNEX II

Categories of personal data and categories of data subjects whose data may be collected and processed for cross-checking purpose as referred to in Article 24(1)(a)

1.  Personal data collected and processed for cross-checking purposes shall relate to:

(a)  persons who, in accordance with the national law of the Member State concerned, are suspected of having committed or having taken part in a criminal offence in respect of which Europol is competent or who have been convicted of such an offence;

(b)  persons regarding whom there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit criminal offences in respect of which Europol is competent.

2.  Data relating to the persons referred to in paragraph 1 may include only the following categories of personal data:

(a)  surname, maiden name, given names and any alias or assumed name;

(b)  date and place of birth;

(c)  nationality;

(d)  sex;

(e)  place of residence, profession and whereabouts of the person concerned;

(f)  social security numbers, driving licences, identification documents and passport data; and

(g)  where necessary, other characteristics likely to assist in identification, including any specific objective physical characteristics not subject to change such as dactyloscopic data and DNA profile (established from the non-coding part of DNA).

3.  In addition to the data referred to in paragraph 2, following categories of personal data concerning the persons referred to in paragraph 1 may be collected and processed:

(a)  criminal offences, alleged criminal offences and when, where and how they were (allegedly) committed;

(b)  means which were or may be used to commit those criminal offences including information concerning legal persons;

(c)  departments handling the case and their filing references;

(d)  suspected membership of a criminal organisation;

(e)  convictions, where they relate to criminal offences in respect of which Europol is competent;

(f)  inputting party.

These data may be provided to Europol even when they do not yet contain any references to persons.

4.  Additional information held by Europol or National Units concerning the persons referred to in paragraph 1 may be communicated to any national unit or Europol should either so request. National units shall do so in compliance with their national law.

5.  If proceedings against the person concerned are definitively dropped or if that person is definitively acquitted, the data relating to the case in respect of which either decision has been taken shall be deleted.

ANNEX III

Categories of personal data and categories of data subjects whose data may be collected and processed for the purpose of analyses of strategic or other general nature and for the purpose of operational analyses (as referred to in Article 24(1)(b) and (c)

1.  Personal data collected and processed for the purpose of analyses of a strategic or other general nature and operational analyses shall relate to:

(a)  persons who, in accordance with the national law of the Member State concerned, are suspected of having committed or having taken part in a criminal offence in respect of which Europol is competent or who have been convicted of such an offence;

(b)  persons regarding whom there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit criminal offences in respect of which Europol is competent.

(c)  persons who might be called on to testify in investigations in connection with the offences under consideration or in subsequent criminal proceedings;

(d)  persons who have been the victims of one of the offences under consideration or with regard to whom certain facts give reason to believe that they could be the victims of such an offence;

(e)  contacts and associates; and

(f)  persons who can provide information on the criminal offences under consideration.

2.  The following categories of personal data, including associated administrative data, may be processed on the categories of persons referred to in paragraph 1 point (a) and (b):

(a)  Personal details:

(i)  Present and former surnames;

(ii)  Present and former forenames;

(iii)  Maiden name;

(iv)  Father’s name (where necessary for the purpose of identification);

(v)  Mother’s name (where necessary for the purpose of identification):

(vi)  Sex;

(vii)  Date of birth;

(viii)  Place of birth;

(ix)  Nationality;

(x)  Marital status;

(xi)  Alias;

(xii)  Nickname;

(xiii)  Assumed or false name;

(xiv)  Present and former residence and/or domicile;

(b)  Physical description:

(i)  Physical description;

(ii)  Distinguishing features (marks/scars/tattoos etc.)

(c)  Identification means:

(i)  Identity documents/driving licence;

(ii)  National identity card/passport numbers;

(iii)  National identification number/social security number, if applicable

(iv)  Visual images and other information on appearance

(v)  Forensic identification information such as fingerprints, DNA profile (established from the non-coding part of DNA), voice profile, blood group, dental information

(d)  Occupation and skills:

(i)  Present employment and occupation;

(ii)  Former employment and occupation;

(iii)  Education (school/university/professional);

(iv)  Qualifications;

(v)  Skills and other fields of knowledge (language/other)

(e)  Economic and financial information:

(i)  Financial data (bank accounts and codes, credit cards etc.);

(ii)  Cash assets;

(iii)  Share holdings/other assets;

(iv)  Property data;

(v)  Links with companies;

(vi)  Bank and credit contacts;

(vii)  Tax position;

(viii)  Other information revealing a person’s management of their financial affairs

(f)  Behavioural data:

(i)  Lifestyle (such as living above means) and routine;

(ii)  Movements;

(iii)  Places frequented;

(iv)  Weapons and other dangerous instruments;

(v)  Danger rating;

(vi)  Specific risks such as escape probability, use of double agents, connections with law enforcement personnel;

(vii)  Criminal-related traits and profiles;

(viii)  Drug abuse;

(g)  Contacts and associates, including type and nature of the contact or association;

(h)  Means of communication used, such as telephone (static/mobile), fax, pager, electronic mail, postal addresses, Internet connection(s);

(i)  Means of transport used, such as vehicles, boats, aircraft, including information identifying these means of transport (registration numbers);

(j)  Information relating to criminal conduct:

(i)  Previous convictions;

(ii)  Suspected involvement in criminal activities;

(iii)  Modi operandi;

(iv)  Means which were or may be used to prepare and/or commit crimes;

(v)  Membership of criminal groups/organisations and position in the group/organisation;

(vi)  Role in the criminal organisation;

(vii)  Geographical range of criminal activities;

(viii)  Material gathered in the course of an investigation, such as video and photographic images

(k)  References to other information systems in which information on the person is stored:

(i)  Europol;

(ii)  Police/customs agencies;

(iii)  Other enforcement agencies;

(iv)  International organisations;

(v)  Public entities;

(vi)  Private entities

(l)  Information on legal persons associated with the data referred to in points (e) and (j):

(i)  Designation of the legal person;

(ii)  Location;

(iii)  Date and place of establishment;

(iv)  Administrative registration number;

(v)  Legal form;

(vi)  Capital;

(vii)  Area of activity;

(viii)  National and international subsidiaries;

(ix)  Directors;

(x)  Links with banks.

3.  “Contacts and associates”, as referred to in paragraph 1 point (e), are persons through whom there is sufficient reason to believe that information, which relates to the persons referred to in paragraph 1 point (a) and (b) of this Annex and which is relevant for the analysis, can be gained, provided they are not included in one of the categories of persons referred to in paragraphs 1 (a), (b), (c), (d) and (f). “Contacts” are those persons who have sporadic contact with the persons referred to in paragraph 1 point (a) and (b). “Associates” are those persons who have regular contact with the persons referred to in paragraph 1 point (a) and (b).

In relation to contacts and associates, the data pursuant to paragraph 2 may be stored as necessary, provided there is reason to assume that such data are required for the analysis of the role of such persons as contacts or associates.

In this context, the following shall be observed:

(a)  the relationship of these persons with the persons referred to in paragraph 1 point (a) and (b) shall be clarified as soon as possible;

(b)  if the assumption that a relationship exists between these persons and the persons referred to in paragraph 1 point (a) and (b) turns out to be unfounded, the data shall be deleted without delay;

(c)  if such persons are suspected of committing an offence falling under Europol’s objectives , or have been convicted for such an offence, or if there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit such an offence, all data pursuant to paragraph 2 may be stored;

(d)  data on contacts and associates of contacts as well as data on contacts and associates of associates shall not be stored, with the exception of data on the type and nature of their contacts or associations with the persons referred to in paragraph 1 point (a) and (b);

(e)  if a clarification pursuant to the previous points is not possible, this shall be taken into account when deciding on the need and the extent of storage for further analysis.

4.  With regard to persons who, as referred to in paragraph 1 point (d), have been the victims of one of the offences under consideration or who, certain facts give reason to believe, could be the victims of such an offence, data referred to in paragraph 2 point (a) intent ‘i’ to paragraph 2 (c) intent ‘iii’ of this Annex, as well as the following categories of data, may be stored:

(a)  Victim identification data;

(b)  Reason for victimisation;

(c)  Damage (physical/financial/psychological/other);

(d)  Whether anonymity is to be guaranteed;

(e)  Whether participation in a court hearing is possible;

(f)  Crime-related information provided by or through persons referred to in paragraph1 point ‘d’, including information on their relationship with other persons, where necessary, to identify the persons referred to in paragraph 1 points ‘a’ and ‘b’

Other data pursuant to paragraph 2 may be stored as necessary, provided there is reason to assume that they are required for the analysis of a person’s role as victim or potential victim.

Data not required for any further analysis shall be deleted.

5.  With regard to persons who, as referred to in paragraph 1 (c), might be called on to testify in investigations in connection with the offences under consideration or in subsequent criminal proceedings, data referred to in paragraph 2 point (a) indent ‘i’ to paragraph 2 (c) indent ‘iii’ of this Annex as well as categories of data complying with the following criteria, may be stored:

(a)  crime-related information provided by such persons, including information on their relationship with other persons included in the analysis work file;

(b)  whether anonymity is to be guaranteed;

(c)  whether protection is to be guaranteed and by whom;

(d)  new identity;

(e)  whether participation in a court hearing is possible.

Other data pursuant to paragraph 2 may be stored as necessary, provided there is reason to assume that they are required for the analysis of such persons’ role as witnesses.

Data not required for any further analysis shall be deleted.

6.  With regard to persons who, as referred to in paragraph 1 point (f), can provide information on the criminal offences under consideration, data referred to in paragraph 2 point (a) indent ‘i’ to paragraph 2 (c) indent ‘iii’ of this Annex may be stored, as well as categories of data complying with the following criteria:

(a)  coded personal details;

(b)  type of information supplied;

(c)  whether anonymity is to be guaranteed;

(d)  whether protection is to be guaranteed and by whom;

(e)  new identity;

(f)  whether participation in court hearing is possible;

(g)  negative experiences;

(h)  rewards (financial/favours).

Other data pursuant to paragraph 2 may be stored as necessary, provided there is reason to assume that they are required for the analysis of such persons’ role as informants.

Data not required for any further analysis shall be deleted.

7.  If, at any moment during the course of an analysis, it becomes clear on the basis of serious and corroborating indications that a person should be placed under a different category of persons, as defined in this Annex, from the category in which that person was initially placed, Europol may process only the data on that person which is permitted under that new category, and all other data shall be deleted.

If, on the basis of such indications, it becomes clear that a person should be included in two or more different categories as defined in this Annex, all data allowed under such categories may be processed by Europol.

(1)OJ C 373, 20.12.2013, p. 1.
(2) Position of the European Parliament of 25 February 2014.
(3)Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).
(4)OJ C 316, 27.11.1995, p. 1.
(5)OJ L 256, 1.10.2005, p. 63.
(6)OJ C 115, 4.5.2010, p. 1.
(7) To insert reference to the adopted Directive (Proposal: COM (2013)0048 final).
(8)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).
(9)Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Strasbourg, 28.1.1981.
(10)Council of Europe Committee of Ministers Recommendation No. R(87) 15 to the Member States on regulating the use of personal data in the police sector, 17.9.1987.
(11)Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters (OJ L 350, 30.12.2008, p. 60).
(12)Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities and instituting special measures temporarily applicable to officials of the Commission (OJ L 56, 4.3.1968, p. 1).
(13)Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
(14)Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) ( OJ L 136, 31.5.1999, p. 1).
(15)Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (OJ L 141, 27.5.2011, p. 17).
(16)Council Decision 2005/511/JHA of 12 July 2005 on protecting the euro against counterfeiting, by designating Europol as the Central Office for combating euro counterfeiting (OJ L 185, 16.7.2005, p. 35).
(17) 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).
(18) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
(19) As laid down in the Decision of the Bureau of the European Parliament of 15 April 2013.
(20)OJ L 362, 31.12.2012, p. 1.
(21)EEC Council: Regulation No 1 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385/58).
(22)OJ L 136, 31.5.1999, p. 15.
(23)Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).


Conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing ***I
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Resolution
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European Parliament legislative resolution of 25 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 research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing (recast) (COM(2013)0151 – C7-0080/2013 – 2013/0081(COD))
P7_TA(2014)0122A7-0377/2013

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0151),

–  having regard to Article 294(2) and Article 79(2)(a) and (b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0080/2013),

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

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Greek Parliament, 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 18 September 2013(1),

–  having regard to the opinion of the Committee of the Regions of 28 November 2013(2),

–  having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(3),

–  having regard to the letter of 20 September 2013 from the Committee on Legal Affairs to the Committee on Civil Liberties, Justice and Home Affairs in accordance with Rule 87(3) of its Rules of Procedure,

–  having regard to Rules 87 and 55 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 Legal Affairs (A7-0377/2013),

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.  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 25 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 residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing (recast)

P7_TC1-COD(2013)0081


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 points (a) and (b) of Article 79(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(4),

Having regard to the opinion of the Committee of the Regions(5),

Acting in accordance with the ordinary legislative procedure(6),

Whereas:

(1)  A number of amendments are to be made to Council Directive 2004/114/EC(7) and Council Directive 2005/71/EC(8). In the interests of clarity, those Directives should be recast.

(2)  This Directive should respond to the need identified in the implentation implementation reports of the two Directives(9) to remedy the identified weaknesses, to ensure transparency and legal certainty and to offer a coherent legal framework for different groups coming to the Union from third countries. It should therefore simplify and streamline the existing provisions for the different groups in a single instrument. Despite differences between the groups covered by this Directive, they also share a number of characteristics which makes it possible to address them through a common legal framework at Union level. [Am. 1]

(3)  This Directive should contribute to the Stockholm Programme's aim to approximate national legislation on the conditions for entry and residence of third-country nationals. Immigration from outside the Union is one source of highly skilled people, and in particular students and researchers are increasingly sought after. They play an important role to form the Union's key asset – human capital - in ensuring smart, sustainable and inclusive growth, and therefore contribute to the achievement of the objectives of the Europe 2020 Strategy.

(4)  The shortcomings highlighted in the implementation reports of the two Directives concern mainly admission conditions, rights, procedural safeguards, students' access to the labour market during studies, intra-Union mobility provisions as well as a lack of harmonization, as coverage of some groups, such as volunteers, school pupils and unremunerated trainees was left optional to Member States. Subsequent wider consultations have also pointed to the need for better job-seeking possibilities for researchers and students and better protection of au-pairs and remunerated trainees which are not covered by the current instruments.

(5)  For the gradual establishment of an area of freedom, security and justice, the Treaty provides for measures to be adopted in the fields of asylum, immigration and the protection of the rights of third-country nationals.

(6)  This Directive should also aim at fostering people-to-people contacts and mobility, as important elements of the Union’s external policy, notably vis-à-vis the countries of the European Neighbourhood Policy or the Union’s strategic partners. It should allow for a better contribution to the Global Approach to Migration and Mobility and its Mobility Partnerships which offer a concrete framework for dialogue and cooperation between the Member States and third countries, including in facilitating and organizing regular migration. [Am. not concerning all languages]

(7)  Migration for the purposes set out in this Directive should promote the generation and acquisition of knowledge and skills. It constitutes a form of mutual enrichment for the migrants concerned, their country of origin and the host Member State,and helps to promote better familiarity among cultures while strengthening cultural links and enriching cultural diversity. [Am. 3]

(8)  This Directive should promote the Union as an attractive location for research and innovation and advance the Union in the global competition for talent and, in so doing, lead to an increase in the Union's overall competitiveness and growth rates while creating jobs that make a greater contribution to GDP growth. Opening the Union up to third-country nationals who may be admitted for the purposes of research is also part of the Innovation Union flagship initiative. Creating an open labour market for Union researchers and for researchers from third countries was also affirmed as a key aim of the European Research Area (ERA), a unified area, in which researchers, scientific knowldedge knowledge and technology circulate freely. [Am. 4]

(9)  It is appropriate to facilitate the admission of researchers through an admission procedure which does not depend on their legal relationship with the host research organisation and by no longer requiring a work permit in addition to a residence permit or a long-stay visa. This procedure should be based on collaboration between research organisations and the immigration authorities in the Member States. It should give the former a key role in the admission procedure with a view to facilitating and speeding up the entry and residence of third-country researchers in the Union while preserving Member States’ prerogatives with respect to immigration policy. Research organisations approved in advance by the Member States should be able to sign a hosting agreement with a third-country national for the purposes of carrying out a research project. Member States should issue an authorisation on the basis of the hosting agreement if the conditions for entry and residence are met.

(10)  As the effort to be made to achieve the target of investing 3 % of GDP in research largely concerns the private sector, which must therefore recruit more researchers in the years to come, the research organisations that can be approved under this Directive should belong to either the public or private sectors.

(11)  In order to make the Union more attractive for third-country national researchers and students, family members of researchers and students, as defined in Council Directive 2003/86/EC(10), should be admitted with them. They should benefit from intra- Union mobility provisions and they should also have access to the labour market. [Am. 5]

(12)  Where appropriate, Member States should be encouraged to treat PhD candidates as researchers.

(13)  Implementation of this Directive should not encourage a brain drain from emerging or developing countries. Measures to support researchers’ reintegration into their countries of origin should be taken in partnership with the countries of origin with a view to establishing a comprehensive migration policy.

(14)  In order to promote Europe as a whole as a world centre of excellence for studies and training, the conditions for entry and residence of those who wish to come to the Union for these purposes should be improved, simplified and facilitated. This is in line with the objectives of the Agenda for the modernisation of Europe's higher education systems(11), in particular within the context of the internationalisation of European higher education. The approximation of the Member States' relevant national legislation towards more favourable rules for third-country nationals is part of this endeavour. [Am. 6]

(15)  The extension and deepening of the Bologna process launched through the Bologna Declaration(12) has led to the progressive convergence of higher education systems in participating countries but also beyond them. This is because national authorities have supported the mobility of students and academic staff, and higher education establishments have integrated it in their curricula. This needs to be reflected through improved intra-Union mobility provisions for students. Making European higher education attractive and competitive is one of the objectives of the Bologna declaration. The Bologna process led to the establishment of the European Higher Education Area. Streamlining the European higher education sector has made it more attractive for students who are third-country nationals to study in Europe. The involvement of numerous third countries in the Bologna process and Union student mobility programmes makes the introduction of harmonised and simplified mobility rules for nationals of the countries concerned essential. [Am. 7]

(16)  The duration and other conditions of preparatory courses for students covered by this Directive should be determined by Member States in accordance with their national legislation.

(17)  Evidence of acceptance of a student by an establishment of higher education could include, among other possibilities, a letter or certificate confirming his/her enrolment.

(18)  Fellowships should be taken into account in assessing the availability of sufficient resources.

(19)  Whilst Member States had discretion on whether or not to apply Directive 2004/114/EC to school pupils, volunteers and unremunerated trainees, these groups should fall now within the scope of this Directive in order to facilitate their entry and residence and ensure their rights. This Directive should also apply to au-pairs and remunerated trainees, in order to ensure their legal rights and protection.

(20)  Remunerated trainees who come to work in the Union in the context of an intra-corporate transfer should not be covered by this Directive, as they fall under the scope of [Directive 2013/xx/EU on intra-corporate transfers].

(21)  As currently at Union level there is no legal framework regarding third-country national au-pairs to ensure their fair treatment, provisions should be introduced to address their specific needs as a particularly vulnerable group. This Directive should foresee conditions to be fulfilled by both the au-pair and the host family, in particular as regards the agreement between them which should include elements such as the pocket money to be received(13).

(22)  Once all the general and specific conditions for admission are fulfilled, Member States should issue an authorisation, i.e. a long stay visa and/or residence permit, within specified time limits, which should not be hampered or invalidated by additional requirements. If a Member State issues a residence permit on its territory only and all the conditions of this Directive relating to admission are fulfilled, the Member State should grant the third-country national concerned the requisite visas. [Am. 8]

(23)  Authorisations should mention the status of the third-country national concerned, and the respective Union programmes including mobility measures. Member States may indicate additional information in paper format or electronically, provided this does not amount to additional conditions.

(24)  The different periods of duration regarding authorisations under this Directive should reflect the specific nature of the stay of each group.

(25)  Member States may charge applicants for processing applications for authorisations. The fees should consider waiving fees for entry and residence of third-country nationals for the purposes of this Directive. Should Member States require third-country nationals to pay fees, those should be proportionate to the purpose of the stay and should not constitute an obstacle to the objectives of the Directive. [Am. 9]

(26)  The rights granted to third-country nationals under this Directive should not depend on whether the authorisation is in the form of a long stay visa or a residence permit.

(27)  The term admission covers the entry and residence of third-country nationals to and in a Member State, for the purposes set out in this Directive.

(28)  Admission may be refused on duly justified grounds. In particular, admission could be refused if a Member State considers, based on an assessment of the facts, in an individual case, that the third-country national concerned is a potential threat to public policy, or public security or public health. [Am. 10]

(29)  In case of doubts concerning the grounds of the application for admission, Member States should be able to require all the evidence necessary to assess its coherence, in particular on the basis of the applicant's intended studies or training, in order to fight against abuse and misuse of the procedure set out in this Directive.

(30)  National authorities should inform third-country nationals who apply for admission to the Member States under this Directive of a decision on the application. They should do so in writing as soon as possible and, at the latest within 60 30 days, or, as soon as possible and at the latest within 30 days in the case of researchers and students covered by Union programmes including mobility measures, starting from the date of the application. Member States should inform the applicant as soon as possible of any further information they need for processing the application. In the event that national law provides for an administrative appeal against a negative decision, national authorities should inform the applicant of their decision within 30 days starting from the date when the appeal was lodged. [Am. 11]

(31)  The intra-Union mobility of third-country national researchers, students and remunerated trainees should be facilitated. For researchers, this Directive should improve the rules relating to the period for which the authorisation granted by the first Member State should cover stays in a second Member State without requiring a new hosting agreement. Improvements should be made regarding the situation of students, and the new group of remunerated trainees, by allowing them to stay in a second Member State for periods lasting between three and six months, provided that they fulfil the general conditions laid down in this Directive. For third-country national trainees coming to the Union as intra-corporate transferees, specific intra-Union mobility provisions designed according to the nature of their transfer should apply in accordance with [Directive 2013/xx/EU on intra-corporate transfers].

(32)  Union immigration rules and Union programmes including mobility measures should complement each other more. Third-country national researchers, and students, volunteers, traineescovered by such Union programmes should be entitled to move to the different Member States foreseen on the basis of the authorisation granted by the first Member State, as long as the full list of those Member States is known before entry into the Union. Such an authorisation should allow them to exercise mobility without the need to provide any additional information or to complete any other application procedures. Member States are encouraged to facilitate the intra-Union mobility of third-country national volunteers where volunteering programmes cover more than one Member State. [Am. 12]

(33)  In order to allow third-country national students to better cover part of the cost of their studies, they should be given increased full access to the labour market under the conditions set out in this Directive, meaning a minimum of 20 hours per week. The principle of access for students to the labour market should be apply as a general rule. However, in exceptional circumstances Member States should be able to take into account the situation of their national labour markets, although this must not risk entirely negating the right to work. [Am. 13]

(34)  As part of the drive to ensure a well-qualified workforce for the future, Member States should allow and to respect and value the work and overall contribution of students who graduate in the Union, Member States should allow those students to remain on their territory with the intention to identify work opportunities or to set up a business for 12 months after expiry of the initial authorisation. They should also allow researchers to do so upon completion of their research project as defined in the hosting agreement. This should not amount to an automatic right of access to the labour market or to set up a business. They may be requested to provide evidence in accordance with Article 24. [Am. 14]

(35)  The provisions of this Directive are without prejudice to the competence of the Member States to regulate the volumes of admission of third-country nationals for the purpose of work.

(36)  To make the Union more attractive for third-country national researchers, students, pupils, trainees, volunteers and au pairs, it is important to ensure their fair treatment in accordance with Article 79 of the Treaty. These groups are entitled to equal treatment with nationals of the host Member State under Directive 2011/98/EU of the European Parliament and of the Council(14). More favourable rights to equal treatment with nationals of the host Member State as regards branches of social security as defined in Regulation (EC) No 883/2004 of the European Parliament and of the Council(15) should be maintained for third-country national researchers, in addition to the rights granted under Directive 2011/98/EU. Currently the latter foresees a possibility for Member States to limit equal treatment with regard to branches of social security, including family benefits, and this possibility of limitation could affect researchers. In addition, independently on whether Union or national law of the host Member State gives third-country national students, school pupils, volunteers, unremunerated trainees and au-pairs access to the labour market, they should enjoy equal treatment rights with nationals of the host Member State as regards access to goods and services and the supply of goods and services made available to the public. [Am. 15]

(37)  This Directive should not in any circumstances affect the application of Council Regulation (EC) No 1030/2002(16).

(38)  This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, as referred to in Article 6 of the Treaty on European Union.

(39)  The Member States should give effect to the provisions of this Directive without discrimination on the basis of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinions, membership of a national minority, property, birth, disability, age or sexual orientation.

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

(41)  Since the objective of this Directive, namely to determine the conditions of entry and residence of third-country nationals for the purposes of research study, pupil exchange, unremunerated or remunerated training, voluntary service or au pairing , cannot be sufficiently achieved by the Member States and can, by reason of its scale or effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that article, this Directive does not go beyond what is necessary to achieve that objective.

(42)  Each Member State should ensure that the fullest possible set of regularly updated information is made available to the general public, notably on the Internet, about the research organisations, approved under this Directive, with which researchers could conclude a hosting agreement, and on the conditions and procedures for entry into and residence on its territory for the purposes of carrying out research, as adopted under this Directive as well as information about the establishments defined in this Directive, courses of study to which third-country nationals may be admitted and the conditions and procedures for entry  into and residence on its territory for those purposes.

(42a)  Each Member State has a duty to inform third-country nationals of the rules applicable to their particular case so as to ensure transparency and legal certainty and thus encourage them to come to the Union. All the information that is relevant to the procedure, including general documentation about studies, exchange or research programmes but also specific information about applicants' rights and obligations, should therefore be provided in a manner that is easily accessible and understandable by third-country nationals. [Am. 16]

(43)  [In accordance with Articles 1 and 2 of the Protocol No 21 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 and without prejudice to Article 4 of the said Protocol, those Member States are not taking part in the adoption of this Directive and are not bound by it or subject to its application.]

(44)  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 does not take part in the adoption of this Directive, and is not bound by it or subject to its application.

(45)  The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive amendment compared to the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives.

(46)  This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and the dates of application of the Directives set out in Annex I, Part B,

HAS ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Directive determines:

(a)  the conditions of entry and residence of third-country nationals to the territory of the Member States for a period exceeding 90 days for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service au pairing;

(b)  the conditions of entry and residence of third-country national students and remunerated trainees for a period exceeding 90 days in Member States other than the Member State which first grants the third-country national an authorisation on the basis of this Directive;

(c)  the conditions of entry and residence of third-country national researchers in Member States other than the Member State which first grants the third-country national an authorisation on the basis of this Directive.

Article 2

Scope

1.  This Directive applies to third-country nationals who apply to be admitted to the territory of a Member State for the purpose of research, studies, pupil exchange, remunerated or unremunerated training, voluntary service or au pairing.

2.  This Directive shall not apply to third-country nationals:

(a)  residing in a Member State as asylum-seekers, or under subsidiary forms of protection, or under temporary protection schemes;

(b)  whose expulsion has been suspended for reasons of fact or of law;

(c)  who are family members of Union citizens who have exercised their right to free movement within the Union;

(d)  who enjoy long-term resident status in a Member State in accordance with Council Directive 2003/109/EC(17) and exercise their right to reside in another Member State in order to study or receive vocational training;

(e)  considered under the national legislation of the Member State concerned as self-employed persons;

(f)  who, together with their family members, and irrespective of their nationality, enjoy rights of free movement equivalent to those of citizens of the Union under agreements either between the Union and the Member States or between the Union and third countries;

(g)  trainees who come to the Union in the context of an intra-corporate transfer under [Directive 2013/xx/EU on intra-corporate transfers].

Article 3

Definitions

For the purposes of this Directive:

(a)  ‘third-country national’ means a person who is not a citizen of the Union within the meaning of Article 20(1) of the Treaty;

(b)  ‘researcher’ means a third-country national holding an appropriate higher education qualification, which gives access to doctoral programmes, who is selected by a research organisation for carrying out a research project for which the above qualification is normally required;

(c)  ‘student’ means a third-country national accepted by an establishment of higher education and admitted to the territory of a Member State to pursue as his/her main activity a full-time course of study leading to a higher education qualification recognised by the Member State, including diplomas, certificates or doctoral degrees in an establishment of higher education, which may cover a preparatory course prior to such education according to its national legislation;

(d)  ‘school pupil’ means a third-country national admitted to the territory of a Member State to follow a recognised programme of secondary education in the context of an exchange scheme operated by an organisation recognised for that purpose by the Member State in accordance with its national legislation or administrative practice;

(e)  ‘unremunerated trainee’ means a third-country national who has been admitted to the territory of a Member State for a training period without remuneration in accordance with the national legislation of the Member State concerned;

(f)  'remunerated trainee' means a third-country national who has been admitted to the territory of a Member State for a training period in return for which he/she receives remuneration in accordance with the national legislation of the Member State concerned;

(g)  'volunteer' means a third-country national admitted to the territory of a Member State to participate in a recognised voluntary service scheme;

(ga)  'volunteering provider' means an organisation responsible for the voluntary service scheme to which the third-country national is assigned. Such organisations and groups are independent and self-governing as other non-profit entities, such as public authorities. They are active in the public arena and their activity is aimed, at least in part, at contributing to the public good(18); [Am. 17]

(h)  ‘voluntary service scheme’ means a programme of activities of practical solidarity, based on a scheme recognised by the Member State or the Union, pursuing objectives of general interest for a non-profit cause; [Am. 18]

(i)  'au pair' means a third-country national who is temporarily received by a family in the territory of a Member State in exchange for light housework and taking care of children in order to improve his/her linguistic skills and his/her knowledge of the host country in exchange for light housework and taking care of children; [Am. not concerning all languages]

(j)  ‘research’ means creative work undertaken on a systematic basis in order to increase the stock of knowledge, including knowledge of man, culture and society, and the use of this stock of knowledge to devise new applications;

(k)  ‘research organisation’ means any public or private organisation which conducts research and which has been approved for the purposes of this Directive by a Member State in accordance with the latter's legislation or administrative practice;

(l)  ‘educational establishment’ means a public or private establishment recognised by the host Member State and/or whose courses of study are recognised in accordance with its national legislation or administrative practice on the basis of transparent criteria for the purposes set out in this Directive;

(la)  'host entity' means the educational establishment, research organisation, enterprise or vocational training establishment, organisation operating pupil exchanges or organisation responsible for the voluntary service scheme to which the third-country national is assigned, regardless of its legal form, established in accordance with national law in the territory of a Member State; [Am. 20]

(lb)  'host family' means the family temporarily receiving the au-pair and letting him/her share its daily family life in the territory of a Member State on the basis of an agreement concluded between the host family and the au-pair; [Am. 21]

(m)  'remuneration' means the payment, whatever form it takes, received in consideration for the services performed and being considered under national legislation or established practice as a constituent element of an employment relationship;

(n)  'employment' means the exercise of activities covering whatever a form of labour or work regulated under national law or applicable collective agreement or established practice for and under the direction and supervision of an employer; [Am. 22]

(na)  'employer' means any natural person or any legal entity, for or under the direction and/or supervision of whom or which the employment is undertaken; [Am. 23]

(nb)  'family members' means third-country nationals as defined in Article 4 of Directive 2003/86/EC; [Am. 24]

(o)  'first Member State' means the Member State which first grants a third-country national an authorisation on the basis of this Directive;

(p)  'second Member State' means any Member State other than the first Member State;

(q)  'Union programmes including mobility measures' means Union funded programmes promoting inward mobility of third country nationals to the Union;

(r)  'authorisation' means a residence permit issued by the authorities of a Member State allowing a third-country national to stay legally on its territory, in accordance with Article 1(2)(a) of Regulation (EC) No 1030/2002 or a long-stay visa;

(s)  'long-stay visa' means an authorisation issued by a Member State as provided for in Article 18 of the Schengen Convention or issued in accordance with the national law of Member States that do not fully implement the Schengen acquis.

Article 4

More favourable provisions

1.  This Directive shall be without prejudice to more favourable provisions of:

(a)  bilateral or multilateral agreements concluded between the Union or the Union and its Member States and one or more third countries; or

(b)  bilateral or multilateral agreements concluded between one or more Member States and one or more third countries.

2.  This Directive shall be without prejudice to the right of Member States to adopt or maintain provisions that are more favourable to the persons to whom it applies with respect to Articles 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29, 30, 31, 32, 33 and 34, especially in the context of Mobility Partnerships. [Am. 25]

CHAPTER II

ADMISSION

Article 5

Principle

1.  The admission of a third-country national under this Directive shall be subject to the verification of documentary evidence showing that he/she meets the general conditions laid down in Article 6 and the specific conditions in whichever of Articles 7 to 14 applies to the relevant category.

2.  Once all the general and specific conditions for admission are fulfilled, applicants shall be entitled to a long-stay visa and/or residence permit. If a Member State issues residence permits only on its territory and not elsewhere and all the admission conditions laid down in this Directive are fulfilled, the Member State concerned shall issue the third country national the requisite visa.

Article 6

General conditions

A third-country national who applies to be admitted for the purposes set out in this Directive shall:

(a)  present a valid travel document as determined by national legislation; Member States may require the period of validity of the travel document to cover at least the duration of the planned stay;

(b)  if he/she is a minor under the national legislation of the host Member State, present a parental authorisation or equivalent for the planned stay;

(c)  have sickness insurance for all risks normally covered for nationals of the Member State concerned;

(d)  not be regarded as a threat to public policy, public security or public health; [Am. 26]

(e)  provide proof, if the Member State so requests, that he/she has paid the fee for processing the application on the basis of Article 31;

(f)  provide the evidence requested by the Member State that during his/her stay he/she will have sufficient resources to cover his/her subsistence, training and return travel costs, without prejudice to an individual examination of each case. The provision of such evidence shall not be necessary if the third-country national concerned can prove that he/she is in receipt of a grant or scholarship, that he/she has received an undertaking of sponsorship from a host family or a firm offer of work or that an organisation operating pupil exchanges or the voluntary service scheme declares itself responsible for the subsistence of the pupil or the volunteer throughout the period of his/her stay in the Member State in question. [Am. 27]

Article 7

Specific conditions for researchers

1.  In addition to the general conditions laid down in Article 6, a third-country national who applies to be admitted for the purpose of carrying out research shall:

(a)  present a hosting agreement signed with a research organisation in accordance with Article 9(1) and Article 9(2);

(b)  where appropriate, present a statement of financial responsibility issued by the research organisation in accordance with Article 9(3).

2.  Member States may check the terms upon which the hosting agreement has been based and concluded.

3.  Once the checks referred to in paragraphs 1 and 2 have been positively concluded, researchers shall be admitted to the territory of the Member State to carry out the hosting agreement.

4.  Applications from third-country nationals wishing to pursue research in the Union shall be considered and examined when the third-country national concerned is residing outside the territory of the Member State to which he/she wishes to be admitted.

5.  Member States may accept shall examine, in accordance with their national legislation, an application submitted when the third-country national concerned is already in their territory. [Am. 28]

6.  Member States shall determine whether applications for authorisations are to be made by the researcher or by the research organisation concerned.

Article 8

Approval of research organisations

1.  Any research organisation wishing to host a researcher under the admission procedure laid down in this Directive shall first be approved for that purpose by the Member State concerned.

2.  The approval of the research organisations shall be in accordance with procedures set out in the national law or administrative practice of the Member States. Applications for approval by both public and private organisations shall be made in accordance with those procedures and be based on their statutory tasks or corporate purposes as appropriate and on proof that they conduct research.

The approval granted to a research organisation shall be for a minimum period of five years. In exceptional cases, Member States may grant approval for a shorter period.

3.  Member States may require, in accordance with national legislation, a written undertaking of the research organisation that in cases where a researcher remains illegally in the territory of the Member State concerned, the said organisation is responsible for reimbursing the costs related to his/her stay and return incurred by public funds. The financial responsibility of the research organisation shall end at the latest six months after the termination of the hosting agreement.

4.  Member States may provide that, within two months of the date of expiry of the hosting agreement concerned, the approved organisation shall provide the competent authorities designated for the purpose by the Member States with confirmation that the work has been carried out for each of the research projects in respect of which a hosting agreement has been signed pursuant to Article 9.

5.  The competent authorities in each Member State shall publish and update lists of the research organisations approved for the purposes of this Directive whenever a change is made to those lists.

6.  A Member State may, among other measures, refuse to renew or decide to withdraw the approval of a research organisation which no longer meets the conditions laid down in paragraphs 2, 3 and 4 or in cases where the approval has been fraudulently acquired or where a research organisation has signed a hosting agreement with a third-country national fraudulently or negligently. Where approval has been refused or withdrawn, the organisation concerned may be banned from reapplying for approval up to five years from the date of publication of the decision on withdrawal or non-renewal.

7.  Member States may determine in their national legislation the consequences of the withdrawal of the approval or refusal to renew the approval for the existing hosting agreements, concluded in accordance with Article 9, as well as the consequences for the residence permits of the researchers concerned.

Article 9

Hosting agreement

1.  A research organisation wishing to host a researcher shall sign a hosting agreement with the latter provided that the conditions laid down in Articles 6 and 7 are met.

The hosting agreement shall contain at least the following elements:

(a)  the title and purpose of the research project;

(b)  an undertaking by the researcher to complete the research project;

(c)  confirmation by the organisation that it undertakes to host the researcher so that he or she can complete the research project;

(d)  the start and end date of the research project;

(e)  information on the legal relationship between the research organisation and the researcher;

(f)  information on the working conditions of the researcher.

2.  Research organisations may sign hosting agreements only if the following conditions are met:

(a)  the research project has been accepted by the relevant authorities in the organisation, after examination of:

(i)  the purpose and duration of the research, and the availability of the necessary financial resources for it to be carried out;

(ii)  the researcher’s qualifications in the light of the research objectives, as evidenced by a certified copy of his/her qualification in accordance with Article 2(b).

3.  Once the hosting agreement is signed, the research organisation may be required, in accordance with national legislation, to provide the researcher with an individual statement that for costs within the meaning of Article 8(3) financial responsibility has been assumed.

4.  The hosting agreement shall automatically lapse when the researcher is not admitted or when the legal relationship between the researcher and the research organisation is terminated.

5.  Research organisations shall promptly inform the authority designated for the purpose by the Member States of any occurrence likely to prevent implementation of the hosting agreement.

Article 10

Specific conditions for students

1.  In addition to the general conditions laid down in Article 6, a third-country national who applies to be admitted for the purpose of study shall:

(a)  provide evidence that he/she has been accepted by an establishment of higher education to follow a course of study;

(b)  provide evidence, if the Member State so requires, that he/she has paid the fees charged by the establishment ;

(c)  provide evidence, if the Member State so requires, of sufficient knowledge of the language of the course to be followed by him/her.

2.  Students who automatically qualify for sickness insurance for all risks normally covered for the nationals of the Member State concerned as a result of enrolment at an establishment shall be presumed to meet the condition laid down in Article 6(1)(c).

Article 11

Specific conditions for school pupils

1.   A third-country national who applies to be admitted in a pupil exchange scheme shall, in addition to the general conditions laid down in Article 6:

(a)  not be below the minimum age nor above the maximum age set by the Member State concerned;

(b)  provide evidence of acceptance by a secondary education establishment;

(c)  provide evidence of participation in a recognised pupil exchange scheme programme operated by an organisation recognised for that purpose by the Member State concerned in accordance with its national legislation or administrative practice;

(d)  provide evidence that the pupil exchange organisation accepts responsibility for him/her throughout his/her period of presence in the territory of the Member State concerned, in particular as regards subsistence, study, healthcare and return travel costs;

(e)  be accommodated throughout his/her stay by a family meeting the conditions set by the Member State concerned and selected in accordance with the rules of the pupil exchange scheme in which he/she is participating.

2.  Member States may confine the admission of school pupils participating in an exchange scheme to nationals of third countries which offer the same possibility for their own nationals. [Am. 29]

Article 12

Specific conditions for unremunerated and remunerated trainees [Am. 30]

1.  A third-country national who applies to be admitted as an unremunerated or remunerated trainee shall, in addition to the general conditions laid down in Article 6:

(a)  haveprovide evidence of a signed a training agreement or employment contract, approved if need be by the relevant authority in the Member State concerned in accordance with its national legislation or administrative practice, for a placement with a public- or private-sector enterprise or vocational training establishment recognised by the Member State in accordance with its national legislation or administrative practice. [Am. 31]

(b)  prove, if the Member State so requires, that they have previous relevant education or qualifications or professional experience to benefit from the work experience. [Am. 32]

(c)  receive, if the Member State so requires, basic language training so as to acquire the knowledge needed for the purposes of the placement.

The agreement referred to in point (a) shall describe the training programme, specify its duration, the conditions under which the trainee is supervised in the performance of this programme, his/her working hours, the legal relationship with the host entity and, where the trainee is remunerated, the remuneration granted to him/her.

2.  Member States may require the host entity to declare that the third country national is not filling a job.

Article 13

Specific conditions for volunteers

A third-country national who applies to be admitted to a voluntary service scheme shall, in addition to the general conditions laid down in Article 6:

(a)  produce an agreement with the organisation responsible in the Member State concerned for the voluntary service scheme/project in which he/she is participating, giving a description of which specifies the name, purpose and start and end date of the voluntary service project, the volunteer’s tasks, the conditions in which he/she is supervised in the performance of those tasks, his/her working hours, the resources available to cover his/her travel, subsistence, accommodation costs and pocket money throughout his/her stay and, if appropriate, the training he/she will receive to help him/her perform his/her service; [Am. 33]

(b)  provide evidence that the organisation responsible for the voluntary service scheme in which he/she is participating has subscribed to a third-party insurance policy;

(c)  and, if the host Member State specifically requires it, receive a basic introduction to the language, history and political and social structures of that Member State.

Article 14

Specific conditions for au-pairs

A third-country national who applies to be admitted for the purpose of working as an au-pair shall, in addition to the general conditions laid down in Article 6:

(a)  be at least 17 but not more than 30 or, except in individually justified cases, more than 30 years of age;

(b)  provide evidence that the host family accepts responsibility for him/her throughout his/her period of presence in the territory of the Member State concerned, in particular with regard to subsistence, accommodation, healthcare, maternity or accident risks; [Am. 34]

(c)  produce an agreement between the au-pair and the host family defining his/her rights and obligations, including specifications about the pocket money to be received, and adequate arrangements on the hours dedicated to allowing him/her to attend courses, and participation in day-to-day family duties, indicating the maximum hours per day which may be dedicated to participation in such duties, including the grant of at least one full free day per week and allowing him/her to attend courses. [Am. 35]

CHAPTER III

AUTHORISATIONS AND DURATION OF RESIDENCE

Article 15

Authorisations

Long-stay visas and residence permits shall bear the title "researcher", "student", "volunteer", "school pupil", "remunerated trainee", "unremunerated trainee" or "au pair". For third-country national researchers and students coming to the Union under a specific Union programme including mobility measures, the authorisation shall mention the specific programme.

After successful authorisation and grant of a visa, the host entity shall be registered with an accreditation system, in order to facilitate future application procedures. [Am. 36]

Article 16

Duration of residence

1.  Member States shall issue an authorisation for researchers for a period of at least one year and shall renew it if the conditions laid down in Articles 6, 7 and 9 are still met. If the research project is scheduled to last less than one year, the authorisation shall be issued for the duration of the project.

2.  Member States shall issue an authorisation for students which shall be for a period of at least one year and or, when the duration of their studies is longer than one year, for the whole duration of their studies and where appropriate shall renew it if the conditions laid down in Articles 6 and 10 are still met. If the period of studies is scheduled to last less than one year, the authorisation shall be issued for the duration of the studies.[Am. 37]

3.  For school pupils and au pairs, Member States shall issue an authorisation covering the whole duration of the pupil exchange scheme or of the agreement between the host family and the au pair for a maximum period of one year. [Am. 38]

4.  The period of validity of an authorisation issued to trainees shall correspond to the duration of the placement or shall be for a maximum of one year. In exceptional cases, it may be renewed, once only and in the form of a permit and exclusively for such time as is needed to acquire a vocational qualification recognised by a Member State in accordance with its national legislation or administrative practice, provided the holder still meets the conditions laid down in Articles 6 and 12.

5.  An authorisation issued to volunteers shall be issued for a period of no more than one year. In exceptional cases, if the duration of the relevant programme is longer than one year, the duration of the validity of the required authorisation may correspond to the period concerned.

6.  In cases where Member States allow entry and residence on the basis of a long-stay visa, a residence permit shall be issued with the first extension of the initial stay. Where the validity of the long-stay visa is shorter than the authorised duration of stay, the long-stay visa shall be replaced by a residence permit without additional formalities before the expiry of the visa.

Article 17

Additional information

Member States may indicate additional information related to the stay of the third-country national, such as the full list of Member States that the researcher or student has declared that he/she intends to go to in accordance with Article 27(1)(a), in paper format, or store such data in electronic format as referred to in Article 4 of Regulation (EC) No 1030/2002 and in point (a) 16 of the Annex thereto. [Am. 39]

CHAPTER IV

Grounds for refusal, withdrawal or non-renewal of authorisations

Article 18

Grounds for rejectionrefusal of an applicationauthorisation

1.  Member States shall reject an application refuse an authorisation in the following cases:

(a)  where the general conditions laid down in Article 6 or the relevant specific conditions laid down in Articles 7 and 10 to 16 are not met;

(b)  where the documents presented have been fraudulently acquired, falsified or tampered with;

(c)  where the host entity or educational establishment was established in the sole purpose of facilitating entry;

(d)  where the host entity has been sanctioned in conformity with national law for undeclared work and/or illegal employment or does not meet the legal obligations regarding social security and/or taxation set out in national law or has filed for bankruptcy or is otherwise insolvent;

(e)  where the host family, or, if applicable, any intermediary organisation involved in the placement of the au-pair, has been sanctioned in conformity with national law for breach of the conditions and/or objectives of au-pair placements and/or illegal employment.

2.  Member States may reject an application if the host entity appears to have deliberately eliminated the positions it is trying to fill through the new application within the 12 months immediately preceding the date of the application. refuse an authorisation in the following cases:

(a)  where the host entity has been sanctioned in accordance with national law for undeclared work and/or illegal employment or does not meet the legal obligations regarding social security and/or taxation set out in national law or has filed for bankruptcy or is otherwise insolvent;

(b)  where the host family, or, if applicable, any intermediary organisation involved in the placement of the au-pair, has been sanctioned in accordance with national law for breach of the conditions and/or objectives of au-pair placements and/or illegal employment;

(c)  where the host entity or educational establishment was established for the sole purpose of facilitating entry. [Am. 40]

Article 19

Grounds for withdrawal or non-renewal of an authorisation

1.  Member States shall withdraw or refuse to renew an authorisation in the following cases:

(a)   where the holder no longer meets the general conditions laid down in Article 6 or the relevant specific conditions laid down in Articles 7, 10 to 14 or 16;

(ab)  where authorisations and documents presented have been fraudulently acquired, falsified or tampered with;

(b)  where the third-country national is residing for purposes other than those for which he/she was authorised to reside;

(c)  where the host entity was established for the sole purpose of facilitating entry;

2.  Member States may withdraw or refuse to renew an authorisation in the following cases:

(da)  where the host entity does not meet the legal obligations regarding social security and/or taxation set out in national law or has filed for bankruptcy or is otherwise insolvent. In the event of this occurring during a course of study, reasonable time should be given for the student to find an equivalent course to enable the completion of his/her studies;

(eb)  where the host family, or, if applicable, any intermediary organisation involved for the placement of the au-pair, entity has been sanctioned in conformity accordance with national law for breach of the conditions and/or objectives of au-pair placements and/or for illegal employment undeclared work and/or illegal employment or does not meet the legal obligations regarding social security and/or taxation set out in national law or has filed for bankruptcy or is otherwise insolvent;

(c)  where the host entity was established for the sole purpose of facilitating entry;

(d)  where the host family, or, if applicable, any intermediary organisation involved for the placement of the au-pair, has been sanctioned in accordance with national law for breach of the conditions and/or objectives of au-pair placements and/or for illegal employment;

(e)   where the third-country national is residing for purposes other than those for which he/she was authorised to reside;

(f)  for students, where the time limits imposed on access to economic activities under Article 23 are not respected; or if the respective student does .

(g)  for students, where they do not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice. The Member State concerned may withdraw or refuse to renew an authorisation on this ground only by a decision stating specific reasons based on the evaluation of the educational establishment, which shall be consulted on the student's progress, save when the establishment fails to respond to a request for an opinion within a reasonable period of time;

2.  Member States may withdraw an authorisation

(h)   for reasons of public policy, public security or public health. Public policy or public security grounds shall be based exclusively on the personal conduct of the third-country national concerned. Public health grounds shall be based on an objective analysis of genuine risks and shall not be applied in a discriminatory way when compared to nationals of the Member State concerned.

2a.  When a Member State withdraws an authorisation on one of the grounds under paragraph 2(a), (b) or (c), the third-country national shall be entitled to stay on the territory of that Member State if he/she finds another host entity or host family in order to finish his/her studies or research or for another purpose for which the authorisation was granted. [Am. 41]

Article 20

Grounds for non-renewal of an authorisation

1.  Member States may refuse to renew an authorisation in the following cases:

(a)  where the authorisation and documents presented have been fraudulently acquired, falsified or tampered with;

(b)  where it appears that the holder no longer meets the general conditions for entry and residence laid down in Article 6 and the relevant specific conditions laid down in Articles 7, 9 and 10;

(c)  for students, where the time limits imposed on access to economic activities under Article 23 are not respected or where the student does not make acceptable progress in the relevant studies in accordance with national legislation or administrative practice.

2.  Member States may refuse to renew an authorisation on grounds of public policy, public security and public health.[Am. 42]

CHAPTER V

RIGHTS

Article 21

Equal treatment

1.  By way of derogation from Article 12(2)(a) and (b) of Directive 2011/98/EU, third-country national researchers and students shall be entitled to equal treatment with nationals of the host Member State as regards education and vocational training and branches of social security, including family benefits, as defined in Regulation (EC) No 883/2004. [Am. 43]

2.  Students,School school pupils, volunteers, unremunerated trainees and au pairs, irrespective of whether they are allowed to work in accordance with Union or national law, shall be entitled to equal treatment in relation to access to goods and services and the supply of goods and services made available to the public, except procedures for obtaining housing as provided for by national law. [Am. 44]

2a.  Third-country nationals falling within the scope of this Directive and being authorised to enter and stay on the territory of a Member State on the basis of a long-stay visa shall be entitled to equal treatment with nationals of the host Member State as regards the rights referred to in paragraphs 1 and 2 of this Article. [Am. 45]

Article 22

Teaching by researchers

Researchers admitted under this Directive may teach in accordance with national legislation.. Member States may set a maximum number of hours or of days for the activity of teaching.

Article 23

Economic activities by students

1.  Outside their study time and subject to the rules and conditions applicable to the relevant activity in the host Member State, students shall be entitled to be employed and may be entitled to exercise self-employed economic activity. The situation of the labour market in the host Member State may be taken into account, but not in a systematic manner which could result in students being excluded from the labour market. [Am. 46]

2.  Where necessary, Member States shall grant students and/or employers prior authorisation in accordance with national legislation.

3.  Each Member State shall determine the maximum number of hours per week or days or months per year allowed for such an activity, which shall not be less than 20 hours per week, or the equivalent in days or months per year.

4.  Member States may require students to report, in advance or otherwise, to an authority designated by the Member State concerned, that they are engaging in an economic activity. Their employers may also be subject to a reporting obligation, in advance or otherwise.

Article 24

Job-searching and entrepreneurship for researchers and students

1.  After finalisation of research or studies in the Member State, third-country nationals shall be entitled to stay on the territory of the Member State for a period of 12 18 months in order to look for work or set up a business, if the conditions laid down in points (a) and (c) to (f) of Article 6 are still fulfilled. In a period of more than 3 six and less than 6 nine months, third-country nationals may be requested to provide evidence that they continue to seek employment or are in the process of setting up a business. After a period of 6 nine months, third-country nationals may additionally be requested to provide evidence that they have a genuine chance of being engaged or of launching a business.

2.  Member States shall issue an authorisation for the purposes of paragraph 1 of this Article to the third-country national concerned and, where relevant, to his/her family members in accordance with their national law, provided that the conditions laid down in points (a) and (c) to (f) of Article 6 are fulfilled. [Am. 47]

Article 25

Researchers' and students' family members

1.  By way of derogation from Article 3(1) and Article 8 of Directive 2003/86/EC, family reunification shall not be made dependent on the holder of the authorisation to stay for the purposes of research or studies having reasonable prospects of obtaining the right of permanent residence and having a minimum period of residence.

2.  By way of derogation from the last subparagraph of Article 4(1) and Article 7(2) of Directive 2003/86/EC, the integration conditions and measures referred to in those provisions may only be applied after the persons concerned have been granted family reunification.

3.  By way of derogation from the first subparagraph of Article 5(4) of Directive 2003/86/EC, authorisations for family members shall be granted, where the conditions for family reunification are fulfilled, within 90 days from the date on which the application was lodged, and 60 days from the date of the initial application for family members of third-country national researchers and students covered by the relevant Union programmes including mobility measures.

4.  By way of derogation from Article 13(2) and (3) of Directive 2003/86/EC, the duration of validity of the authorisation of family members shall be the same as that of the authorisation granted to the researcher or the student insofar as the period of validity of their travel documents allows it.

5.  By way of derogation from the second sentence of Article 14(2) of Directive 2003/86/EC, Member States shall not apply any time limit in respect of access to the labour market. [Am. 48]

CHAPTER VI

MOBILITY BETWEEN MEMBER STATES

Article 26

Right to mobility between Member States for researchers, students, volunteers, and remunerated trainees

1.  A third-country national who has been admitted as a researcher under this Directive shall be allowed to carry out part of his/her research in another Member State under the conditions as set out in this Article.

If the researcher stays in another Member State for a period of up to six months, the research may be carried out on the basis of the hosting agreement concluded in the first Member State, provided that he/she has sufficient resources in the other Member State and is not considered as a threat to public policy, public security or public health in the second Member State.

If the researcher stays in another Member State for more than six months, Member States may require a new hosting agreement to carry out the research in that Member State. If Member States require an authorisation in order to exercise mobility, such authorisations shall be granted in accordance with the procedural guarantees specified in Article 30 29 Member States shall not require researchers to leave the territory in order to submit applications for authorisations.

2.  For periods exceeding three months, but not exceeding six months, a third-country national who has been admitted as a student, volunteer, or as a remunerated trainee under this Directive shall be allowed to carry out part of his/her studies/traineeship/volunteer activity in another Member State provided that before his or her transfer to that Member State, he/she has submitted the following to the competent authority of the second Member State:

(a)  a valid travel document;

(b)  proof of sickness insurance for all risks normally covered for the nationals of the Member State concerned;

(c)  proof that he/she has been accepted by an establishment of higher education or a training or a volunteer host entity;

(d)  evidence that during his/her stay he/she will have sufficient resources to cover his/her subsistence, study and return travel costs.

3.  For the mobility of students, volunteers and trainees from the first Member State to a second Member State, the authorities of the second Member State shall inform the authorities of the first Member State on their decision. The cooperation procedures set out in Article 32 shall apply.

4.  For a third-country national who has been admitted as a student, transfers to a second Member State exceeding six months may be granted under the same conditions as those applied for mobility for a period exceeding three months but less than six months. If Member States require a new application for an authorisation to exercise mobility for a period exceeding six months, such authorisations shall be granted in accordance with Article 29.

5.  Member States shall not require students, volunteers or trainees to leave the territory in order to submit applications for authorisations for mobility between Member States. [Am. 49]

Article 27

Rights for researchers, volunteers, unremunerated and remunerated trainees and students covered by Union programmes including mobility measures

1.  Member States shall grant third-country nationals, who have been admitted as researchers, volunteers, unremunerated or remunerated trainees or students under this Directive and who are covered by Union programmes including mobility measures, an authorization covering the whole duration of their stay in the Member States concerned where:

(a)  the full list of Member States that the researcher, volunteer, unremunerated or remunerated trainee or student has declared that he/she intends to go to is known prior to entry to the first Member State;

(b)  in the case of students, the applicant can provide evidence of acceptance by the relevant educational establishment of higher education to follow a course of study.;

(ba)  in the case of volunteers, the applicant can provide evidence of acceptance by the relevant volunteering provider organisation or programme, such as the European Voluntary Service;

(bb)  in the case of trainees, the applicant can provide evidence of acceptance by the relevant host entity.

2.  The authorisation shall be granted by the first Member State that the researcher, volunteer, unremunerated or remunerated trainee or student resides in.

3.  Where the full list of Member States is not known prior to entry into the first Member State:

(a)  for researchers, the conditions as set out in Article 26 for stays in another Member States for periods of up to six months shall apply;

(b)  for students, unremunerated or remunerated trainees and volunteers, the conditions as set out in Article 26 for stays in another Member States for periods between three and six months shall apply. [Am. 50]

Article 28

Residence in the second Member State for family members

1.  When a researcher moves to a second Member State in accordance with Articles 26 and 27, and when the family was already constituted in the first Member State, the members of his/her family shall be authorised to accompany or join him/her. [Am. not concerning all languages]

2.  No later than one month after entering the territory of the second Member State, the family members concerned or the researcher, in accordance with national law, shall submit an application for a residence permit as a family member to the competent authorities of that Member State.

In cases where the residence permit of the family members issued by the first Member State expires during the procedure or no longer entitles the holder to reside legally on the territory of the second Member State, Member States shall allow the person to stay in their territory, if necessary by issuing national temporary residence permits, or equivalent authorisations, allowing the applicant to continue to stay legally on their territory with the researcher until a decision on the application has been taken by the competent authorities of the second Member State.

3.  The second Member State may require the family members concerned to present with their application for a residence permit:

(a)  their residence permit in the first Member State and a valid travel document, or their certified copies, as well as a visa, if required;

(b)  evidence that they have resided as members of the family of the researcher in the first Member State;

(c)  evidence that they have a sickness insurance covering all risks in the second Member State, or that the researcher has such insurance for them.

4.  The second Member State may require the researcher to provide evidence that the holder:

(a)  has an accommodation regarded as normal for a comparable family in the same region and which meets the general health and safety standards in the Member State concerned;

(b)  has stable and regular resources which are sufficient to maintain himself/herself and the members of his/her family, without recourse to the social assistance of the Member State concerned. [Am. not concerning all languages]

Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum national wages and pensions as well as the number of family members.

CHAPTER VII

PROCEDURE AND TRANSPARENCY

Article 29

Procedural guarantees and transparency

1.  The competent authorities of the Member States shall decide on the complete application for an authorisation and shall notify the applicant in writing, in accordance with the notification procedures laid down in the national law of the Member State concerned, as soon as possible and at the latest within 60 30 days from the date on which the application was lodged, and within 30 days in the case of third-country national researchers and students covered by Union programmes including mobility measures. In the event that their national law provides for the possibility of an appeal before an administrative authority, the competent authorities of the Member States shall decide on the appeal at the latest within 30 days from the date on which the appeal was lodged. [Am. 53]

2.  If the information supplied in support of the application is inadequate, the competent authorities shall inform the applicant of any further information they need and, when registering the application, indicate a reasonable deadline to complete the application. The period referred to in paragraph 1 shall be suspended until the authorities have received the additional information required. [Am. 54]

3.  Any decision rejecting refusing an application authorisation for an authorisation shall be notified to the third-country national concerned in accordance with the notification procedures provided for under the relevant national legislation. The notification shall specify the possible redress procedures available, the national court or authority with which the person concerned may lodge an appeal and the time limit for taking action and provide all relevant practical information which facilitates the exercise of his/her right. [Am. 55]

4.  Where an application authorisation is rejected refused or an authorisation issued in accordance with this Directive is withdrawn, the person concerned shall have the right to mount a legal challenge before the authorities of the Member State concerned. [Am. 56]

Article 29a

Fast-track procedure for issuing residence permits or visas to students, school pupils and researchers

An agreement on the establishment of a fast-track admission procedure allowing residence permits or visas to be issued in the name of the third-country national concerned may be concluded between the authority of a Member State with responsibility for the entry and residence of students, school pupils or researchers who are third-country nationals and an educational establishment, an organisation operating pupil exchange schemes which has been recognised for this purpose or a research organisation which has been approved by the Member State concerned in accordance with its national legislation or administrative practice. [Am. 57]

Article 30

Transparency and access to information

Member States shall make available easily accessible and understandable information on entry and residence conditions for third-country nationals falling under the scope of this Directive, including the minimum monthly resources required, rights, all documentary evidence needed for an application and the applicable fees. Member States shall make available information on the research organisations approved under Article 8. [Am. 58]

Article 31

Fees

Member States may require applicants to pay payment of fees for the processing of handling applications in accordance with this Directive. The amount level of such fees shall not endanger be excessive or disproportionate in a way that would hinder the fulfilment of its objectives. Where those fees are paid by the third-country national, that third-country national shall be entitled to be reimbursed by the host entity or the host family respectively. [Am. 59]

CHAPTER VIII

FINAL PROVISIONS

Article 32

Contact points

1.  Member States shall appoint contact points which shall be responsible for receiving and transmitting the information needed to implement Articles 26 and 27.

2.  Member States shall provide appropriate cooperation in exchanges of the information referred to in paragraph 1.

2a.  Member States shall facilitate the application procedure by allowing third-country nationals to apply and to be able to complete the procedure for any Member State in the embassy or consulate of the Member State which is most convenient for the applicant. [Am. 60]

Article 33

Statistics

Annually, and the first time no later than [... ] Member States shall, in accordance with Regulation (EC) No 862/2007 of the European Parliament and of the Council(19), communicate to the Commission statistics on the volumes of third-country nationals who have been granted authorisations. In addition, and as far as possible, statistics shall be communicated to the Commission on volumes of third-country nationals whose authorisations have been renewed or withdrawn, during the previous calendar year, indicating their citizenship. Statistics on the admitted family members of researchers shall be communicated in the same manner.

The statistics referred to in paragraph 1 shall relate to reference periods of one calendar year and shall be supplied to the Commission within six months of the end of the reference year. The first reference year shall be […]

Article 34

Reporting

Periodically, and for the first time by [five years after the date of transposition of this Directive], the Commission shall evaluate the application of this Directive and report to the European Parliament and the Council on the application of this Directive in the Member States and propose amendments if appropriate.

Article 35

Transposition

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

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated.

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

Article 36

Repeal

Directives 2005/71/EC and 2004/114/EC are repealed with effect from [day after the date set out in the first subparagraph of Article 35(1) of this Directive], without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law of the Directives set out in Annex I, Part B.

References to the repealed Directives shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex II.

Article 37

Entry into force

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

Article 38

Addressees

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

Done at

For the European Parliament For the Council

The President The President

ANNEX I

Part A

Repealed Directive with list of its successive amendments

(referred to in Article 37)

Directive 2004/114/EC of the European Parliament and of the Council

(OJ L 375, 23.12.2004, p. 12)

Directive 2005/71/EC of the European Parliament and of the Council

(OJ L 289, 3.11.2005, p. 15)

Part B

List of time-limits for transposition into national law [and application]

(referred to in Article 36)

Directive

Time-limit for transposition

Date of application

2004/114/EC

2005/71/EC

12.1.2007

12.10.2007

_____________

ANNEX II

Correlation Table

Directive 2004/114/EC

Directive 2005/71/EC

This Directive

Article 1 (a)

Article 1 (a)

Article 1 (b)

-

-

Article 1 (b) and (c)

Article 2 introductory wording

Article 3 introductory wording

Article 2 (a)

Article 3 (a)

Article 2 (b)

Article 3 (c)

Article 2 (c)

Article 3 (d)

Article 2 (d)

Article 3 (e)

-

Article 3 (f) and (g)

Article 2 (e)

Article 3 (l)

Article 2 (f)

Article 3 (h)

Article 2 (g)

-

-

Article 3 (i)

-

Article 3 (m) to (s)

Article 3 (1)

Article 2 (1)

Article 3 (2)

Article 2 (2) (a) to (e)

-

Article 2 (2) (f) and (g)

Article 4

Article 4

Article 5

Article 5 (1)

-

Article 5 (2)

Article 6 (1)

Article 6 (a) to (e)

-

Article 6 (f)

Article 6 (2)

-

-

Article 7

Article 7 (1) introductory wording

Article 10 (1) introductory wording

Article 7 (1) (a)

Article 10 (1) (a)

Article 7 (1) (b) and (c)

-

Article 7 (1) (d)

Article 10 (1) (b)

Article 7 (2)

Article 10 (2)

-

Article 10 (3)

Article 8

-

-

Article 11

Article 9 (1) and (2)

Article 12 (1) and (2)

Article 10 introductory wording

Article 13 (1) introductory wording

Article 10 (a)

Article 13 (1) (a)

Article 10 (b) and (c)

-

-

Article 12 (1) (b)

-

Article 12 (2)

Article 11 introductory wording

Article 14 (1) introductory wording

Article 11 (a)

-

Article 11 (b)

Article 13 (1) (a)

Article 11 (c)

Article 13 (1) (b)

Article 11 (d)

Article 13 (1) (c)

Articles 12 to 15

-

-

Articles 14, 15 and 16

Article 16 (1)

Article 20 (1) introductory wording

-

Article 20 (1) (a) to (c)

Article 16 (2)

Article 20 (2)

-

Article 21

Article 17 (1) first subparagraph

Article 23 (1)

Article 17 (1) second subparagraph

Article 23 (2)

Article 17 (2)

Article 23 (3)

Article 17 (3)

-

Article 17 (4)

Article 23 (4)

-

Articles 15, 24, 25, 27

-

Article 17

Article 18 (1)

-

-

Article 29 (1)

Article 18 (2), (3) and (4)

Article 29 (2), (3) and (4)

Article 19

-

-

Article 30

Article 20

Article 31

-

Articles 32 and 33

Article 21

Article 34

Articles 22 to 25

-

-

Articles 35, 36 and 37

Article 26

Article 38

-

Annexes I and II

Article 1

-

Article 2 introductory wording

-

Article 2 (a)

Article 3 (a)

Article 2 (b)

Article 3 (i)

Article 2 (c)

Article 3 (k)

Article 2 (d)

Article 3 (b)

Article 2 (e)

-

Articles 3 and 4

-

Article 5

Article 8

Article 6 (1)

Article 9 (1)

-

Article 9 (1) (a) to (f)

Article 6 (2) (a)

Article 9 (2) (a)

Article 6 (2) (a), (b) and (c)

-

Article 6 (3), (4) and (5)

Article 9 (3), (4) and (5)

Article 7

-

Article 8

Article 16 (1)

Article 9

-

Article 10 (1)

Article 19 (2) (a)

-

Article 19 (2) (b)

Article 10 (2)

-

Article 11 (1) and (2)

Article 22

Article 12 introductory wording

-

Article 12 (a)

-

Article 12 (b)

-

Article 12 (c)

Article 21 (1)

Article 12 (d)

-

Article 12 (e)

-

-

Article 21 (2)

Article 13 (1)

Article 26 (1)

Article 13 (2)

Article 26 (1)

Article 13 (3) and (5)

Article 26 (1)

Article 13 (4)

-

-

Article 26 (2), (3) and (4)

Articles 14 to 21

-

(1) OJ C 341, 21.11.2013, p 50.
(2) OJ C 114, 15.4.2014, p. 42.
(3) OJ C 77, 28.3.2002, p. 1.
(4) OJ C 341, 21.11.2013, p. 50.
(5) OJ C 114, 15.4.2014, p. 42.
(6) Position of the European Parliament of 25 February 2014.
(7)Council Directive 2004/114/EC of 13 December 2004 on the conditions of admission of third-country nationals for the purposes of studies, pupil exchange, unremunerated training or voluntary service (OJ L 375, 23.12.2004, p. 12).
(8)Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research (OJ L 289, 3.11.2005, p. 15).
(9)COM(2011) 587 final and COM(2011) 901 final.
(10)Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12).
(11)COM(2011) 567 final.
(12)Joint declaration of the European Ministers of Education of 19 June 1999.
(13)Council of Europe European Agreement on "au pair" Placement, Article 8.
(14)Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (OJ L 343, 23.12.2011, p. 1).
(15) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).
(16)Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals (OJ L 157, 15.6.2002, p. 1).
(17)Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ L 16, 23.1.2004, p. 44).
(18)Communication from the Commission on Promoting the Role of Voluntary Organisations and Foundations in Europe, COM(1997)0241.
(19)Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).


European Voluntary Humanitarian Aid Corps ***I
PDF 195kWORD 38k
Resolution
Text
European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council Establishing the European Voluntary Humanitarian Aid Corps - EU Aid Volunteers (COM(2012)0514 – C7-0303/2012 – 2012/0245(COD))
P7_TA(2014)0123A7-0158/2013
CORRIGENDA

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2012)0514),

–  having regard to Article 294(2) and Article 214(5) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0303/2012),

–  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 11 December 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on Development and the opinions of the Committee on Budgets and the Committee on Employment and Social Affairs (A7-0158/2013),

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

2.  Considers that separate funding and budgetary allocations should be guaranteed for this initiative whilst remaining mutually complementary with the other instruments for the Union's external policies.

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

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

Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council establishing the European Voluntary Humanitarian Aid Corps ("EU Aid Volunteers initiative")

P7_TC1-COD(2012)0245


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 375/2014.)


Fund for European aid to the most deprived ***I
PDF 81kWORD 59k
Resolution
Text
European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council on the Fund for European Aid to the Most Deprived (COM(2012)0617 – C7-0358/2012 – 2012/0295(COD))
P7_TA(2014)0124A7-0183/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0617),

–  having regard to Article 294(2) and Article 175(3) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0358/2012 ),

–  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 Riksdag of the Kingdom of Sweden, by the House of Lords and the House of Commons of the United Kingdom and by the German Bundestag, 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 14 February 2013(1),

–  after consulting the Committee of the Regions,

–  having regard to the Charter of Fundamental Rights and in particular Articles 1, 24, 34 thereof;

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

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

–  having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Budgets, the Committee on Budgetary Control, the Committee on Regional Development, the Committee on Agriculture and Rural Development, and the Committee of Women's Rights and Gender Equality (A7-0183/2013),

1.  Adopts its position at first reading hereinafter set out(2);

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 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council on the Fund for European Aid to the Most Deprived

P7_TC1-COD(2012)0295


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 223/2014.)

(1) OJ C 133, 9.5.2013, p. 62.
(2) This position replaces the amendments adopted on 12 June 2013 (Texts adopted P7_TA(2013)0257).


Biocidal products ***I
PDF 196kWORD 35k
Resolution
Text
European Parliament legislative resolution of 25 February 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 528/2012 concerning the making available on the market and use of biocidal products with regard to certain conditions for access to the market (COM(2013)0288 – C7-0141/2013 – 2013/0150(COD))
P7_TA(2014)0125A7-0354/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0288),

–  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 (C7‑0141/2013),

–  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 18 September 2013(1),

–  having regard to the undertaking given by the Council representative by letter of 11 December 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 of its Rules of Procedure,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety (A7-0354/2013),

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 and the Commission.

Position of the European Parliament adopted at first reading on 25 February 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council amending Regulation (EU) No 528/2012 concerning the making available on the market and use of biocidal products, with regard to certain conditions for access to the market

P7_TC1-COD(2013)0150


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 334/2014.)

(1) OJ C 341, 21.11.2013, p. 44.


Combating violence against women
PDF 154kWORD 64k
Resolution
Annex
European Parliament resolution of 25 February 2014 with recommendations to the Commission on combating Violence Against Women (2013/2004(INL))
P7_TA(2014)0126A7-0075/2014

The European Parliament,

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

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

–  having regard to the Charter of Fundamental Rights of the European Union and namely its Articles 23, 24, and 25,

–  having regard to its resolution of 24 March 2009 on combating female genital mutilation in the EU(1), and its resolution of 14 June 2012 on ending female genital mutilation(2),

–  having regard to its declaration of 22 April 2009 on the ‘Say NO to Violence against Women’ campaign(3),

–  having regard to its resolution of 26 November 2009 on the elimination of violence against women(4),

–  having regard to its resolution of 5 April 2011 on priorities and outline of a new EU policy framework to fight violence against women(5),

–  having regard to its resolution of 6 February 2013 on the 57th session on UN CSW: elimination and prevention of all forms of violence against women and girls(6),

–  having regard to its resolution of 11 October 2007 on the murder of women (feminicide) in Mexico and Central America and the role of the European Union in fighting the phenomenon(7),

–  having regard to the Commission's Strategy for equality between women and men 2010‑2015 which was presented on 21 September 2010,

–  having regard to the Commission’s Action Plan Implementing the Stockholm Programme (COM(2010)0171),

–  having regard to the 2014-2020 Rights, Equality and Citizenship Programme,

–  having regard to the EPSCO Council Conclusions of 8 March 2010 on the eradication of violence against women,

–  having regard to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse of children and child pornography and replacing Council Framework Decision 2004/68/JHA(8),

–  having regard to the opinion of the European Economic and Social Committee of 18 September 2012 on 'Eradicating domestic violence against women'(9),

–  having regard to the EU guidelines on violence against women and girls and combating all forms of discrimination against them,

–  having regard to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),

–  having regard to Article 11(1)(d) of the Convention on the Elimination of All Forms of Discrimination against Women, adopted by the UN General Assembly by Resolution 34/180 of 18 December 1979,

–  having regard to the provisions of the UN legal instruments in the sphere of human rights, in particular those concerning women’s rights, such as the UN Charter, the Universal Declaration of Human Rights, the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and its Optional Protocol, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1951 Convention relating to the Status of Refugees, and the principle of non-refoulement, the United Nations Convention on the rights of persons with disabilities,

–  having regard to other UN instruments on violence against women, such as the Vienna Declaration and Programme of Action of 25 June 1993 adopted by the World Conference on Human Rights (A/CONF. 157/23) and the Declaration on the Elimination of Violence against Women of 20 December 1993 (A/RES/48/104),

–  having regard to the UN General Assembly resolutions of 12 December 1997 entitled ‘Crime prevention and criminal justice measures to eliminate violence against women’ (A/RES/52/86), of 18 December 2002 entitled ‘Working towards the elimination of crimes against women committed in the name of honour’ (A/RES/57/179), and of 22 December 2003 entitled ‘Elimination of domestic violence against women’ (A/RES/58/147) and of the UN General Assembly resolution of 5 March 2013 entitled "Intensifying global efforts for the elimination of female genital mutilations" (A/RES/67/146),

–  having regard to the reports by the UN High Commissioner for Human Rights’ Special Rapporteurs on violence against women and to General Recommendation No 19 adopted by the Committee on the Elimination of Discrimination Against Women (11th session, 1992),

–  having regard to the Beijing Declaration and Platform for Action adopted by the Fourth World Conference on Women on 15 September 1995 and to Parliament’s resolutions of 18 May 2000 on the follow-up to the Beijing Action Platform(10) and of 10 March 2005 on the follow-up to the Fourth World Conference on Women - Platform for Action (Beijing+10)(11) and of 25 February 2010 on Beijing +15 - UN Platform for Action for Gender Equality(12),

–  having regard to the UN General Assembly resolution of 19 December 2006 entitled ‘Intensification of efforts to eliminate all forms of violence against women’ (A/RES/61/143), and to UN Security Council Resolutions 1325 and 1820 on women, peace and security,

–  having regard to the Conclusions of the 57th session of the Commission on the Status of Women on the elimination and prevention of all forms of violence against women and girls,

–  having regard to the UN Report of the Special Rapporteur on violence against women, its causes and consequences, Rashida Manjoo, of 16th May 2012,

–  having regard to article 5 of the Madrid International Action Plan on Ageing,

–  having regard to the European Added Value Assessment(13),

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

–  having regard to the report of the Committee on Women’s Rights and Gender Equality and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0075/2014),

A.  whereas in Directive 2012/29/EU(14) establishing minimum standards on the rights, support and protection of victims of crime, gender-based violence is defined as violence that is directed against a person because of that person's gender, gender identity or gender expression or that affects persons of a particular gender disproportionately; whereas it may result in physical, sexual, emotional or psychological harm, or economic loss, to the victim and is understood to be a form of discrimination and a violation of the fundamental freedoms of the victim and includes violence in close relationships, sexual violence (including rape, sexual assault and harassment), trafficking in human beings, slavery, and different forms of harmful practices, such as forced marriages, female genital mutilation and so-called ‘honour crimes’;

B.  whereas gender-based violence involves victims and perpetrators of all ages, educational backgrounds, incomes and social positions and is linked to the unequal distribution of power between women and men and to ideas and behaviours based on stereotypes in our society which need to be combated at the earliest stage with a view to changing attitudes;

C.  whereas women are increasingly being subjected to violence at the hands of husbands, partners, ex-husbands, or former partners; whereas in some countries the number of victims has risen sharply and the consequences that they suffer have shown a tendency to become far more serious, extending even to death and statistics show, the number of women killed is accounting for a growing proportion of the total murders;

D.  whereas statistical surveys in some countries show that although the number of murders has not risen overall, the number of women killed is accounting for a growing proportion of the total, proving that violence against women is increasing;

E.  whereas extreme poverty increases the risk of violence and other forms of exploitation that hamper the full participation of women in all areas of life and the achievement of gender equality;

F.  whereas greater independence and social and economic involvement makes women less vulnerable and reduces gender-based violence;

G.  whereas new stereotypes, and forms of discrimination and violence have arisen recently from the growing use of online social networks, like abusive grooming practices targeting namely teenagers;

H.  whereas sexist attitudes amongst the younger generation about gender roles are persistent; young women who are victims of violence continue to be blamed and stigmatised by their peers and the rest of society;

I.  whereas violence is a traumatic experience for any man, woman or child, but gender-based violence is more often inflicted by men on women and girls, and both reflects and reinforces inequalities between men and women and compromises the health, dignity, security and autonomy of its victims;

J.  whereas children who have witnessed violence to a close relative have to be taken into consideration and cared for from the point of view of the necessary psychological treatment and welfare provisions, furthermore whereas children who have witnessed violence are at great risk of being affected by emotional and relationship problems;

K.  whereas women victims of gender-based violence and their children often require special support and protection because of the high risk of secondary and repeat victimisation, of intimidation and of retaliation connected with such violence;

L.  whereas women and children who experience violence need specific shelters where they would be offered adequate health care services, legal assistance and psychological counselling and therapy; whereas women’s shelters should be given adequate funding by the Member States;

M.  whereas male violence against women alters women’s place in society and their self-determination in terms of their health, access to employment and education, integration into social and cultural activities, economic independence, participation in public and political life and decision-making, and relations with men as well as gaining self‑respect;

N.  whereas violence against women can leave deep physical and psychological scars, damage the general health of women and girls, including their reproductive and sexual health, and in some instances results in death, also called feminicide;

O.  whereas there is a need for education and training from a very young age to combat violence against women and gender based violence in general as it develops the skills for young people to treat their partners with respect regardless of their gender and to be aware of the principles of equality;

P.  whereas violence against women is assuming ever more unacceptable forms, including membership of women in groups organising the trafficking of women for sexual exploitation;

Q.  whereas studies on violence against women estimate that one-fifth to one-quarter of all women in Europe have experienced physical acts of violence at least once during their adult lives, and more than one-tenth have suffered sexual violence involving the use of force(15);

R.  whereas, according to the European Added Value Assessment, the annual cost to the EU of gender-based violence against women is estimated at EUR 228 billion in 2011 (i.e 1,8 % of EU GDP), of which EUR 45 billion a year in public and state services and EUR 24 billion of lost economic output;

S.  whereas the Fundamental Rights Agency issued in March 2013 some preliminary results of its European survey on violence against women, showing inter alia that: four in five women did not turn to any service, such as healthcare, social services, or victim support, following the most serious incidents of violence by people other than their partners; women who sought help were most likely to turn to medical services, highlighting the need to ensure that healthcare professionals can address the needs of victims of violence; two in five women were unaware of laws or political initiatives to protect them in cases of domestic violence, and half were unaware of any preventative laws or initiatives;

T.  whereas the Commission stressed in its Strategy for gender equality 2010-2015 that gender-based violence is one of the key problems to be addressed in order to achieve genuine gender equality;

U.  whereas the legal framework defined by the Lisbon Treaty offers new opportunities for increasing cooperation on criminal justice policy at EU level, enabling institutions and Member States to work together, on firm foundations, in establishing a common EU legal culture to combat all types of violence and discrimination against women, in respect of national legal systems and traditions without replacing them;

V.  whereas awareness raising and mobilization, including through media and social media, is an important component of an effective prevention strategy;

W.  whereas no single intervention will eliminate violence against women, but a combination of infrastructural, legal, judicial, enforcement, cultural, educational, social, health, and other service-related actions can significantly raise awareness and reduce violence and its consequences;

X.  whereas the six inseparable goals underlying any measures to combat violence against women are policy, prevention, protection, prosecution, provision and partnership;

Y.  whereas it is important to step up action against the industry which perceives young girls and women as sexual objects;

Z.  whereas women in the Union are not equally protected against male violence, due to differing policies and legislation across Member States, as regards among other the definition of offenses and the scope of the legislation, and are therefore vulnerable to such violence;

AA.  whereas, due to factors such as race, ethnicity, religion or belief, health, civil status, housing, migration status, age, disability, class, sexual orientation and gender identity, women may have special needs and be more vulnerable to multiple discriminations;

AB.  whereas in many cases women fail to lodge complaints against acts of gender-based violence against them, for reasons that are complex and diverse and include psychological, economic, social and cultural factors, and because they may also lack trust in the ability of the police, the legal system, and social and health services to concretely help them; whereas in some cases the authorities consider gender-based violence to be a family problem and hence one that can be resolved at that level;

AC.  whereas reproductive health policy should be at the heart of this debate;

AD.  whereas it is essential to gather comparable disaggregated qualitative and quantitative data, covering all aspects of the problem, in order to comprehend the real extent of violence against women in the Union and hence produce effective policies;

AE.  whereas the rejection on 12 December 2012 by the European Parliament of the Commission's proposal for a regulation of the European Parliament and of the Council on European statistics on safety from crime(16) reiterates the need for a new proposal for EU legislation which establishes a coherent system for collecting statistics on violence against women in the Member States, and whereas the Council, in its conclusions of December 2012, called for improvements to the collection and dissemination of comparable, reliable and regularly updated data concerning all forms of violence against women at both national and EU level;

AF.  whereas Female Genital Mutilations (FGM) is recognised internationally as a violation of human rights, a form of torture against girls and women, and reflects a deep-rooted inequality between the sexes; whereas FGM constitutes an extreme form of discrimination against women, is nearly always carried out on minors and is a violation of the rights of children;

AG.  whereas prostitution may be viewed as a type of violence against women, owing to the effect this has on their physical and mental health, especially in cases of forced prostitution and of trafficking in women for the purpose of prostitution;

AH.  whereas there is an increasing dangerous trend of honour killings within the borders of the Union, a trend which mostly affects young girls;

AI.  whereas elder abuse is recognized internationally as a violation of human rights of older women, as well as the need to prevent and fight elder abuse in all EU countries;

AJ.  whereas the adoption of EU guidelines on Violence against Women and girls and combating all forms of discrimination against them as well as the specific chapter on the protection of women against gender-based violence in the EU Human Rights Strategic Framework and Action Plan are marking the EU’s clear political will to treat the subject of women’s rights as a priority and to take long-term action in that field; whereas coherence between the internal and external dimensions in polices concerning human rights can sometimes expose a gap between rhetoric and behaviour;

AK.  whereas, according to the Commission and to Amnesty International reports, FGM concern hundreds of thousands of women and girls in Europe and the figure of 500 000 victims is commonly cited; whereas the disparities between legal provisions in Member States are leading to the phenomenon of so-called cross border “FGM tourism” within the EU;

AL.  whereas there is a continuing need for the EU to work with third countries to eradicate the violent practice of FGM; whereas those Member States and third countries with national legislation criminalising FGM should act on this legislation;

1.  Requests the Commission to submit, by the end of 2014, on the basis of Article 84 TFEU, a proposal for an act establishing measures to promote and support the action of Member States in the field of prevention of violence against women and girls (VAWG), following the detailed recommendations set out in the Annex hereto;

2.  Calls on the Commission to submit a revised proposal for a Regulation on European statistics that would target violent crimes and include a coherent system for collecting statistics on gender-based violence in the Member States;

3.  Asks the Council to activate the passerelle clause, by adopting a unanimous decision identifying violence against women and girls (and other forms of gender based violence) as an area of crime listed in Article 83(1) TFEU;

4.  Calls on the Commission to promote national ratifications and launch the procedure for the accession of the EU to the Istanbul Convention on violence against women, once it has evaluated the impact and added value the latter would have;

5.  Requests the Commission to present an EU-wide Strategy and an Action Plan to combat all forms of violence against women and girls (VAWG), as foreseen in 2010 in the Action plan implementing the Stockholm programme, with the aim of protecting women’s integrity, equality (Article 2 TEU), and well-being (Article 3(1) TEU) tangibly and effectively in an area of freedom, security and justice, focusing in particular on making women aware of their rights and men and boys (from an early age) of the need to respect women’s physical and psychological integrity, in order to help prevent such violence, stressing the need for police and judicial services to be given proper training in dealing with the specific challenges of gender-based violence, and encouraging Member States to make arrangements to help victims rebuild their lives and recover their self-confidence, so as to guard against future vulnerability or dependence; considers that such strategy should devote particular attention to vulnerable groups such as older persons, people with disabilities, immigrants and LGBT (lesbian, gay, bisexual and transgender) persons and that it should also comprise measures to support children who have witnessed violence and recognise them as victims of crime;

6.  Calls on the Commission to promote the collaboration between Member States and women NGOs and organisations in order to prepare and implement an efficient strategy to eliminate violence against women;

7.  Encourages the Commission to adopt the first steps towards establishing a European Observatory on Violence Against Women and girls, building on existing institutional structures (European Institute for Gender Equality (EIGE)) and directed by a EU Coordinator on VAWG;

8.  Urges the Commission to establish in the next three years an EU Year to End Violence against Women and Girls with the aim of raising awareness among citizens and among all politicians of this widespread problem which affects all the Member States, with a view to presenting a clear plan of action to end violence against women;

9.  Calls on the Member States to combat honour killings by providing education and shelter for possible victims and to mobilise awareness campaigns of the extreme form of human rights abuses and the numbers of tragic deaths caused by honour killings;

10.  Calls on the Member States and stakeholders, working with the Commission, to help disseminate information about EU programmes and the funding available under them to combat violence against women;

11.  Confirms that the recommendations respect fundamental rights and the principles of subsidiarity and proportionality;

12.  Considers that the financial implications of the requested proposal should be covered by the Union budget, Section III (ensuring full complementarity with existing budget line relating to the subject of the proposal);

13.  Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, and to the parliaments and governments of the Member States, to the Council of Europe and to EIGE.

ANNEX TO THE RESOLUTION:

DETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

Recommendation 1 on the objective and scope of the Regulation to be adopted

The objective of the Regulation should be to establish measures to promote and support the action of Member States in the field of prevention of gender-based violence.

Gender-based violence should be considered (as already indicated in Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA) as violence that is directed against a person because of that person's gender, gender identity or gender expression or that affects persons of a particular gender disproportionately. It may result in physical, sexual, emotional or psychological harm, or economic loss, to the victim and may include violence in close relationships, sexual violence (including rape, sexual assault and harassment), trafficking in human beings, slavery, and different forms of harmful practices, such as forced marriages, female genital mutilation and so-called ‘honour crimes’.

Recommendation 2 on prevention and combat measures

Member States should develop a series of measures in order to prevent and combat gender-based violence against women and girls. They should namely:

–  design, implement and evaluate yearly comprehensive strategies and programmes, including public education programmes and training for teachers and professionals in the recreational sector aimed at removing obstacles that prevent women and girls from enjoying their full rights and freedom free from violence and aimed at bringing about a profound change in social and cultural attitudes;

–  conduct relevant research on gender-based violence, including on the causes and motives of violence and data collection and analysis, while pursuing efforts to standardise the criteria for registering gender-based violence, so that the data collected are comparable;

–  organise training for officials and professionals likely to come into contact with cases of gender-based violence – including law enforcement, social welfare, child welfare (for victims of or witnesses to violence), healthcare and emergency centre staff – in order to detect, identify and properly deal with such cases, with a special focus on the needs and rights of victims;

–  exchange expertise, experience, information and best practices through the European Union Crime Prevention Network (EUCPN);

–  establish awareness-raising campaigns (including campaigns targeted specifically at men), in consultation and where relevant in cooperation with NGOs, the media and other stakeholders;

–  create – if not already existing – and support national help lines free of charge with specialised staff;

–  ensure that specialised shelters (conceived both as first contact assistance and as safe and empowering space for women) are available and equip them with facilities and properly trained staff, offering places for at least 1 woman per 10 000 inhabitants;

–  ensure support to women's NGOs and civil society working to prevent gender-based violence against women and girls.

Recommendation 3 on national rapporteurs or equivalent mechanisms

Within one year from the entry into force of the Regulation, Member States should take the necessary measures to establish national rapporteurs or equivalent mechanisms. The tasks of such mechanisms should include the carrying out of assessments of trends in gender-based violence, the measuring of results of measures taken to combat it at national and local level, the gathering of statistics and yearly reporting to the Commission and the competent committees of the European Parliament.

Recommendation 4 on coordination of the Union strategy on combating violence against women

In order to contribute to a coordinated and consolidated Union strategy to combat gender-based violence, Member States should transmit to the Commission the information referred to in Recommendation 3.

Recommendation 5 on reporting

The Commission shall, by 31 December every year and starting from the year after the entry into force of this Regulation, submit a report to the European Parliament and the Council, assessing to which extent Member States have taken measures following this Regulation.

The report will list the measures taken and highlight good practices.

Recommendation 6 on the creation of a civil society forum

The Commission shall maintain a close dialogue with relevant civil society organisations and relevant competent bodies operating in the field of fight against gender-based violence at local, regional, national, European or international level and shall set up a Civil Society Forum for this purpose.

The Forum will constitute a mechanism for the exchange of information and pooling of knowledge. It shall ensure there is a close dialogue between the Union Institutions and relevant stakeholders.

The Forum shall be open to relevant stakeholders in accordance with the first paragraph and shall meet at least once a year.

Recommendation 7 on financial support

The Regulation should establish the source of the financial support within the frame of the Union budget (Section III) for the actions listed under Recommendation 3.

(1)OJ C 117 E, 6.5.2010, p. 52.
(2)OJ C 332 E, 15.11.2013, p. 87.
(3)OJ C 184 E, 8.7.2010, p. 131.
(4)OJ C 285 E, 21.10.2010, p. 53.
(5)OJ C 296 E, 2.10.2012, p. 26.
(6)Texts adopted, P7_TA(2013)0045.
(7)OJ C 227 E, 4.9.2008, p. 140.
(8)OJ L 335, 17.12.2011, p. 1.
(9) OJ C 351, 15.11.2012, p. 21.
(10) OJ C 59, 23.2.2001, p. 258.
(11) OJ C 320 E, 15.12.2005, p. 247.
(12) OJ C 348 E, 21.12.2010, p. 11.
(13) PE 504.467.
(14)Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
(15)Council of Europe Task Force to Combat Violence against Women, including Domestic Violence (EG-TFV), “Final Activity Report”, September 2008.
(16)Texts adopted, P7_TA(2012)0494.


Delegation of legislative powers and the Commission's exercise of implementing powers
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European Parliament resolution of 25 February 2014 on follow-up on the delegation of legislative powers and control by Member States of the Commission's exercise of implementing powers (2012/2323(INI))
P7_TA(2014)0127A7-0435/2013

The European Parliament,

–  having regard to Articles 290 and 291 of the Treaty of the Functioning of the European Union (TFEU),

–  having regard to 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(1),

–  having regard to the Common Understanding on Delegated Acts, as approved on 3 March 2011 by the Conference of Presidents,

–  having regard to the Framework Agreement on relations between the European Parliament and the European Commission(2), in particular point 15 thereof and Annex 1 thereto,

–  having regard to the judgment of the Court of Justice of 5 September 2012 in Case C-355/10, Parliament v Council (not yet reported), and the pending Case C-427/12, Commission v European Parliament and Council of the European Union,

–  having regard to its resolution of 5 May 2010 on the power of legislative delegation(3),

–  having regard to the information report of the European Economic and Social Committee, adopted on 19 September 2013, on Better regulation: implementing acts and delegated acts,

–  having regard to the letter of 26 November 2012 from the President of Parliament to the Chair of the Conference of Committee Chairs concerning the horizontal principles for the use of delegated acts in relation to the legislative programmes covered by the Multiannual Financial Framework (MFF), as endorsed by the Conference of Presidents at its meeting of 15 November 2012,

–  having regard to the letter of 8 February 2013 from the President of Parliament to the Presidents of the Council and of the Commission concerning the lack of progress in the Council with regard to the alignment proposals in the fields of agriculture and fisheries,

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

–  having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Development, the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on the Environment, Public Health and Food Safety, the Committee on Industry, Research and Energy, the Committee on Transport and Tourism, the Committee on Agriculture and Rural Development, the Committee on Fisheries, and the Committee on Civil Liberties, Justice and Home Affairs (A7-0435/2013),

A.  whereas the Lisbon Treaty introduced the possibility for Parliament and the Council (together referred to as 'the legislator') to delegate part of its own powers to the Commission in a legislative act (‘the basic act’); whereas delegation is a delicate operation whereby the Commission is instructed to exercise a power which is intrinsic to the legislator's own role; whereas it is therefore necessary to ensure the correct application of the Treaty, so as to guarantee a sufficient level of democratic legitimacy for delegated acts as well; whereas the starting-point in examining the issue of delegation must therefore always be the freedom of the legislator; whereas according to settled case-law, the adoption of rules essential to the subject matter envisaged is reserved to the legislator; which means that the adoption of provisions requiring political decisions that fall within the responsibility of the legislator cannot be delegated; whereas therefore that delegated power can only consist in supplementing or amending parts of a legislative act that are not essential; whereas the resulting delegated acts adopted by the Commission will be non-legislative acts of general scope; whereas the basic act must explicitly define the objective, content, scope and duration of that delegation, and must lay down the conditions to which the delegation is subject;

B.  whereas in order to set out the practical arrangements and agreed clarifications and preferences applicable to delegations of legislative power in accordance with Article 290 TFEU, Parliament, the Council and the Commission agreed on a Common Understanding on Delegated Acts with a view to a smooth exercise of delegated power and an effective control of that power by the European Parliament and the Council;

C.  whereas the Treaties provide that Member States are to adopt all measures of national law necessary to implement legally binding Union acts; whereas, however, where uniform conditions for implementing legally binding Union acts are needed, those acts are to confer implementing powers on the Commission (and in certain exceptional cases on the Council), as laid down in Article 291 TFEU; whereas where the basic act requires that the adoption of implementing acts by the Commission must be subject to control by the Member States, the basic act should confer those implementing powers on the Commission in accordance with Regulation (EU) No 182/2011; whereas a key commitment made by the Commission in a statement annexed to that Regulation was the urgent alignment of the acquis to the new system of delegated and implementing acts to be completed during the current legislative term, including basic acts referring to the regulatory procedure with scrutiny (RPS);

D.  whereas it is for the legislator to determine, on a case-by case basis, the level of detail of each legislative act and thereby also to decide whether to delegate any power to the Commission to adopt delegated acts as well as whether there will be any need for powers to ensure uniform conditions for implementing the legislative act; whereas the conferral of such delegated or implementing powers is never an obligation; whereas such conferral should however be considered where flexibility and efficiency are needed and cannot be delivered by means of the ordinary legislative procedure; whereas the decision as to whether to confer delegated or implementing powers must be based on objective factors which must permit judicial review of the solution adopted; whereas the absence of case law on Article 290 TFEU and on the criteria laid down therein has made it more difficult for the European Parliament and Council to agree on a delimitation between implementing and delegated acts;

E.  whereas the delegation of power to the Commission is not merely a technical issue but can involve questions of considerable political importance for Union citizens and consumers, enterprises and entire sectors, on account of their possible socio-economic, environmental and health impacts;

F.  whereas legislative negotiations on many files have shown divergent interpretations among the institutions on certain issues; whereas, in accordance with Rule 37a of its Rules of Procedure, Parliament's committees may request an opinion from the Committee on Legal Affairs when scrutinising a proposal which provides for delegated acts; whereas the Conference of Presidents on 13 January 2012 endorsed a common line, and on 19 April 2012 endorsed a horizontal approach to be followed by individual committees in order to overcome differences of opinion; whereas that common line needs to be taken one step further by Parliament setting out its own criteria for the application of Articles 290 and 291 TFEU and by endeavouring to agree on such criteria with the Council and the Commission;

Criteria for the application of Articles 290 and 291 TFEU

1.  Considers that the following non-binding criteria should be followed by Parliament in applying Articles 290 and 291 TFEU; this list of criteria should not be considered as exhaustive:

   The binding or non-binding character of a measure must be decided on the basis of its nature and content; only the power to adopt legally binding measures may be delegated under Article 290 TFEU.
   The Commission may only amend legislative acts by means of delegated acts. This includes amendment of annexes, as annexes are an integral part of the legislative act. Annexes are not to be added to or deleted with the aim of triggering or avoiding the use of delegated acts; if the legislator considers that a text should be an integral part of the basic act, it may decide to include that text in an annex. This is particularly true as regards Union lists or registers of authorised products or substances which should remain, in the interests of legal certainty, an integral part of the basic act, if appropriate, in the form of an annex. Measures intended to further define the exact content of the obligations spelt out in the legislative act are designed to supplement the basic act by adding non-essential elements.
   Measures leading to a choice of priorities, objectives or expected results should be adopted by means of delegated acts, if the legislator decides not to include them in the legislative act itself.
   Measures designed to lay down (further) conditions, criteria or requirements to be met – the fulfilment of which must be ensured by the Member States or other persons or entities directly concerned by the legislation – will, by definition, alter the content of the legislation and add new rules of general application. Consequently, the creation of such further rules or criteria may be accomplished only by means of a delegated act. By contrast, the implementation of the rules or criteria already established in the basic act (or in a future delegated act), without modifying the substance of the rights or obligations stemming from them and without making further policy choices, can take place through implementing acts.
   Under certain circumstances the Commission is empowered to adopt additional binding rules of general scope that affect in substance the rights or obligations laid down in the basic act. Those measures will, by definition, supplement those laid down in the basic act, further defining the Union policy. This can be achieved only by means of a delegated act.
   Depending on the structure of the financial programme in question, non-essential elements amending or supplementing the basic act, such as those concerning specific technical matters, strategic interests, objectives, expected results, etc. could be adopted by delegated acts to the extent that they are not included in the basic act. Only for elements that do not reflect any further political or policy orientation the legislator may decide to allow for their adoption through implementing acts.
   A measure that determines the type of information to be provided under the basic act (i.e. the exact content of the information) generally supplements the obligation to provide information and should be carried out by means of a delegated act.
   A measure determining arrangements for the provision of information (i.e. the format) does not generally add to the obligation to provide information. Instead, such a measure enables uniform implementation. This should therefore be carried out, as a general rule, by means of an implementing act.
   Measures establishing a procedure (i.e. a way of performing or giving effect to something) can be laid down either in a delegated or in an implementing act (or even be an essential element of the basic act), depending on their content, context and the nature of the provisions set out in the basic act. Measures establishing elements of procedures involving further non-essential policy choices in order to supplement the legislative framework laid down in the basic act should in general be laid down in delegated acts. Measures establishing details of procedures in order to ensure uniform conditions for the implementation of an obligation laid down in the basic act should in general be implementing measures.
   As with procedures, an empowerment to determine methods (i.e. ways of doing something in particular in a regular and systematic way) or methodology (i.e. rules to determine the methods) can provide for delegated or implementing acts depending on the content and the context.
   In general, delegated acts should be used where the basic act leaves a considerable margin of discretion to the Commission to supplement the legislative framework laid down in the basic act.
   Authorisations can be measures of general application. This is for instance the case where decisions concern the authorisation or prohibition of the inclusion of a specific substance in food, cosmetics etc. Those decisions are general because they concern any operator willing to use such substance. In such cases, if the Commission decision is fully based on criteria contained in the basic act, it could be an implementing act; where, however, the criteria still allow the Commission to make further non-essential/secondary political or policy choices such authorisation should be a delegated act, because it would supplement the basic act.
   A legislative act may only delegate to the Commission the power to adopt non-legislative acts of general application. Measures of individual application may not, therefore, be adopted by means of delegated acts. An act is of general application if it applies to objectively determined situations and produces legal effects with respect to categories of persons generally and in the abstract.
   Implementing acts should not add any further political orientation and the powers given to the Commission should not leave any significant margin of discretion.

General comments

2.  Urges the Commission and the Council to enter into negotiations with Parliament in order to reach an agreement on the above-mentioned criteria; considers that this can be achieved within the framework of a revision of the Interinstitutional Agreement on Better Law-Making that would include such criteria;

3.  Reiterates the decisions taken by the Conference of Presidents at its meetings on 13 January 2011 and 19 April 2012 in relation to delegated and implementing acts, and stresses that Parliament should always insist on the use of delegated acts for all powers delegated to the Commission that fulfil the criteria set out in Article 290 TFEU, and that files in which the institutional rights of Parliament as regards the inclusion of delegated acts are not safeguarded should not be put on the plenary agenda for a vote leading to an agreement; emphasises that Parliament should, already at the start of the negotiations, flag the issue of delegated and implementing acts as a key institutional issue for Parliament;

4.  Calls on the Commission in future to provide an explicit and sustainable justification as to why it is proposing a delegated or implementing act in a particular legislative proposal and why it considers its regulatory content to be non-essential; recalls that, as is clear from the provisions of Articles 290 and 291 TFEU, delegated and implementing acts are intended to address different needs and cannot therefore be substituted one for another;

5.  Believes that, in order to strengthen the position of its rapporteurs in legislative negotiations, greater recourse should be had to the possibility of requesting an opinion from the Committee on Legal Affairs under Rule 37a of the Rules of Procedure;

6.  Expresses serious concern that the alignment of the acquis to the Treaty of Lisbon is only partly a reality four years after its entry into force; welcomes the presentation by the Commission of the recent proposals for alignment of the remaining legislative acts providing for the use of the regulatory procedure with scrutiny (RPS); stresses however the need to start negotiations on those proposals as soon as possible, in order to finalise this exercise before the end of the current parliamentary term; considers that at least all cases previously dealt with under RPS should now be aligned to Article 290 TFEU, as RPS measures are also measures of general scope designed to amend non-essential elements of a basic act , inter alia by deleting some of those elements or by supplementing the basic act by the addition of new non-essential elements; at the same time, calls on the Council to progress with talks on those specific alignment proposals that are still stalled in the Council, including proposals in the fields of agriculture and fisheries;

7.  Expresses concern that, despite the fact that it can be a good solution in certain cases, systematically keeping all policy elements in the basic act could, in due course, deprive Article 290 TFEU of its use as a valuable means of rationalisation of the legislative process, which was its initial rationale in order to avoid micro-management and a heavy and lengthy co-decision procedure; stresses that this approach could be extremely difficult to apply in some cases, such as in sectors where technologies are still being developed;

8.  Emphasises that in those cases where it has been decided to use implementing acts, the Parliament's negotiating team should carefully assess what kind of control by Member States is needed and whether the advisory or the examination procedure should be used; stresses that Parliament's negotiation teams, in cases where the examination procedure is used, should accept the so-called "no opinion clause" only in exceptional, duly justified cases, as it prevents the Commission from adopting the draft implementing act in the event of "no opinion" by the committee composed of representatives of the Member States and chaired by the Commission;

9.  Recommends that the Commission not misuse delegated acts in order to reopen discussions on matters agreed at political level in trilogues; points out that the power to adopt delegated acts should preferably be conferred on the Commission only for a limited period of time;

10.  Encourages its committees to closely monitor the use of delegated and implementing acts within their respective spheres of responsibility; to that end, requests the Commission to improve the administrative arrangements for the transmission and filing of documents related to delegated acts, including preparatory documents, in order to ensure at least the same level of information and transparency as for the existing register of implementing acts and to guarantee a simultaneous flow of information to Parliament and to the Council as the legislator;

11.  Considers that significant progress has been made in ensuring the swift transmission of the delegated acts to the lead committees, which in turn has positively influenced the exercise by Members' of their right of scrutiny;

12.  Points to the political responsibility of the legislator and the need for the regular and timely involvement of Parliament in the preparatory phase of delegated acts; calls on the Commission to keep Parliament, including the Rapporteur responsible for the file in question, fully informed of the planned timetable, the scheduled meetings of expert groups and the content of envisaged delegated acts, including by providing access to the relevant Commission databases, such as CIRCA;

13.  Urges the Commission to fully respect paragraph 15 of the Framework Agreement on relations between the European Parliament and the European Commission, inter alia by simplifying the procedure for inviting Parliament's experts to meetings with national experts, if so requested by the responsible Parliamentary committee; recognises that, as a result of Parliament's experts attending those meetings, the Commission may be invited to meetings in Parliament in order to have a further exchange of views on the preparation of delegated acts; urges the Commission to apply paragraph 15 of the Framework Agreement also for those parts of meetings of Member States and the Commission where matters other than implementing acts within the meaning of Regulation (EU) No 182/2011 are discussed;

14.  Takes the view that the time between the transmission of final draft implementing acts and their adoption by the Commission is often too short, thereby not allowing for adequate oversight by Parliament; urges the Commission, therefore, to fully respect the Parliament's right to scrutinise final draft implementing acts within a period of one month in accordance with the 2008 agreement between Parliament and Commission on comitology procedures;

15.  Calls for sufficient technical and personal resources to be assigned for delegated and implementing acts, inter alia in order to ensure an efficient internal flow of information; considers that circulation of delegated acts to Members by means of a newsletter facilitates the scrutiny of such acts and allows Members to raise possible objections in due time;

16.  Recommends that permanent rapporteurs be appointed in each committee for delegated and implementing acts, guaranteeing coherence within the committee concerned and with other committees; considers that similar issues must be dealt with in a coherent manner, while preserving the required flexibility;

17.  Welcomes the availability of the Commission’s experts to participate in information meetings with Members, as the organisation of such meetings, in good time before the adoption of the delegated acts, is useful for the purposes of clarifying key aspects of such acts and facilitating Parliament’s work in assessing the acts concerned;

18.  Continues to call on the members of negotiating teams in particular to pay particular attention to delegated and implementing acts when reporting to the competent committee following each trilogue pursuant to Rule 70(4) of Parliament's Rules of Procedure;

Comments concerning specific subject-matters

Agriculture and fisheries

19.  Deplores the fact that the alignment dossiers on essential agricultural and fisheries legislation were blocked by the Council after the failure of negotiations in informal trilogues and Parliament's first reading; underlines that the reason for this situation often lies in the Council's unwillingness to make use of delegated acts; notes that only in the context of the full legislative procedures relating to the reform of the CAP and the CFP was it possible to find an alignment solution which was acceptable to both sides, although some provisions could be agreed upon only on condition that they would not constitute a precedent; urges the Council to make progress on the outstanding alignment dossiers, so that the procedures can be concluded before the end of the current parliamentary term;

Development cooperation

20.  Recalls that, especially in the case of the Development Cooperation Instrument (DCI), Parliament has since 2006 practised a process of ‘democratic scrutiny’ in the form of a political dialogue with the Commission on draft measures; notes, however, that Parliament’s experience with this practice has been mixed, and that its influence over Commission decisions has been limited;

21.  Points out that in the sphere of development cooperation implementing acts are often based on prior consultations with third parties, rendering changes at a late stage of the formal comitology procedure more difficult; stresses, therefore, that earlier notification of, and dialogue with, Parliament would be an important step towards a more effective use of Parliament’s power of scrutiny;

Economic and monetary affairs

22.  Points out that in the area of financial services the regulations on the European Supervisory Authorities (ESAs) introduce regulatory technical standards (RTS) and implementing technical standards (ITS) under which ESAs submit draft RTS and ITS to the Commission for adoption; takes the view that, given the technical expertise and specialist skills of the ESAs, delegated acts should take the form of RTS rather than ordinary delegated acts wherever possible; also considers that, before adopting ordinary delegated acts the Commission should seek technical advice from the relevant ESA on the content of those acts;

23.  Points out that, under certain legislative acts, the period for scrutinising RTS may be extended by a further month, given their volume and complexity, and considers that this kind of flexibility should become the norm; furthermore points out that the legislator has set a period of scrutiny of three months, extendable by three months, for all delegated acts in the area of financial services, and considers that this practice should be extended to other areas of a complex nature;

24.  Emphasises that the arrangements whereby no delegated act may be submitted to Parliament during its recess periods should also apply to RTS;

25.  Believes that the call for stakeholders to sit in the ESA stakeholder groups should last for a sufficient length of time (not less than two months), should be issued via a variety of channels and should follow a clear and streamlined process in order to ensure that applications are received from a broad base of candidates; recalls the need for balanced ESA stakeholder groups in line with the provisions of the respective regulations;

Employment and social affairs

26.  Recalls that in the field of employment and social affairs, Parliament has challenged the validity of the EURES decision before the Court of Justice in order to defend its prerogatives;

Civil liberties, justice and home affairs

27.  Calls on the Commission to include in its work programme proposals to amend all legal acts of the former third pillar in order to align them with the new hierarchy of norms and to respect Parliament’s powers, competences and right to information with regard to the delegation of powers to the Commission under the Treaty of Lisbon; stresses that this will require an individual assessment of each legal act in order to identify decisions which – as essential elements – need to be taken by the legislator, particularly where they touch upon the fundamental rights of the persons concerned, and those that can be considered as non-essential elements (see ruling of the Court of Justice in Case C-355/10);

28.  Draws attention to the fact that the Council continues to adopt legal acts on the basis of provisions of the former third pillar, long after the entry into force of the Treaty of Lisbon, such that Parliament has been required to bring legal action before the Court of Justice;

o
o   o

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

(1) OJ L 55, 28.2.2011, p. 13.
(2) OJ L 304, 20.11.2010, p. 47.
(3) OJ C 81 E, 15.3.2011, p. 6.


European Semester for economic policy coordination: annual growth survey 2014
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European Parliament resolution of 25 February 2014 on the European Semester for economic policy coordination: Annual Growth Survey 2014 (2013/2157(INI))
P7_TA(2014)0128A7-0084/2014

The European Parliament,

–  having regard to the Treaty on the Functioning of the European Union, and in particular Article 136 in combination with Article 121(2) thereof,

–  having regard to Regulation (EU) No 1175/2011 of the European Parliament and of the Council of 16 November 2011 amending Council Regulation (EC) No 1466/97 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies(1),

–  having regard to Council Directive 2011/85/EU of 8 November 2011 on requirements for budgetary frameworks of the Member States(2),

–  having regard to Regulation (EU) No 1174/2011 of the European Parliament and of the Council of 16 November 2011 on enforcement measures to correct excessive macroeconomic imbalances in the euro area(3),

–  having regard to Council Regulation (EU) No 1177/2011 of 8 November 2011 amending Regulation (EC) No 1467/97 on speeding up and clarifying the implementation of the excessive deficit procedure(4),

–  having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances(5),

–  having regard to Regulation (EU) No 1173/2011 of the European Parliament and of the Council of 16 November 2011 on the effective enforcement of budgetary surveillance in the euro area(6),

–  having regard to its resolution of 5 February 2013 on improving access to finance for SMEs(7),

–  having regard to the Commission Communication of 6 December 2012 entitled ‘An Action Plan to strengthen the fight against tax fraud and tax evasion’ (COM(2012)0722),

–  having regard to Regulation (EU) No 473/2013 of the European Parliament and of the Council of 21 May 2013 on common provisions for monitoring and assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro area(8),

–  having regard to Regulation (EU) No 472/2013 of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability(9),

–  having regard to its resolution of 23 October 2013 on the European Semester for economic policy coordination: implementation of 2013 priorities(10),

–  having regard to the Commission Communication of 13 November 2013 on the Annual Growth Survey 2014 (COM(2013)0800),

–  having regard to its resolution of 21 May 2013 on fight against tax fraud, tax evasion and tax havens(11),

–  having regard to its resolution of 12 December 2013 on the call for a measurable and binding commitment against tax evasion and tax avoidance in the EU(12),

–  having regard to its resolution of 12 December 2013 on preparations for the European Council meeting (19-20 December 2013)(13),

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

–  having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Budgets (A7-0084/2014),

A.  whereas the latest Autumn Commission forecast shows that real GDP growth in the euro area is slowly returning and is expected to be reach 1,1 % in 2014, unemployment is expected to fall and inflation is expected to remain well below 2 %;

B.  whereas growth in emerging markets is stagnating, while it remains robust in the US and positive in Japan;

C.  whereas on 20-22 January 2014, Parliament held a high-level meeting with national parliamentarians ( in the context of the European Parliamentary Week) to discuss the Annual Growth Survey 2014, as well as general economic policy objectives for growth and jobs, with a view to taking greater account of the effectiveness of policies and of potential spill-over effects in the EU;

D.  whereas the Commission acknowledges that most of the Europe 2020 objectives will not be met even in the most optimistic of scenarios;

E.  whereas Parliament has welcomed the introduction of the Convergence and Competitiveness Instrument as part of the efforts to strengthen the governance framework;

1.  Notes that economic recovery in the EU is under way but is still fragile; underlines that growth-friendly fiscal consolidation is required and efforts need to be sustained in order to ensure compliance with the current economic governance framework on the one hand and to deliver more sustainable growth and jobs in the medium and long term on the other;

2.  Welcomes the recognition of the need for growth-friendly fiscal consolidation; urges the Commission to turn this priority into concrete recommendations to the Member States and for the EU as a whole, including those under economic adjustment programmes, so that they not only address fiscal consolidation but also structural reforms that lead to real, sustainable and socially balanced growth, employment, strengthened competitiveness and increasing convergence;

3.  Notes that widening sovereign interest rate spreads have significantly reduced the room for manoeuvre as regards fiscal policy in a number of Member States; notes, also, that the monetary policy approach taken by the European Central Bank (ECB) has helped to reduce sovereign interest rate spreads; notes that the ECB, through forward guidance, will maintain this policy in the short and medium term, and will thereby contribute to stronger growth;

4.  Notes that the Commission monitors the Europe 2020 objectives at national and European level in the country-specific recommendations and thus keeps a closer eye on targets set for employment, R&D, education, poverty, renewable energy and emissions reduction;

5.  Believes that the EU economy as a whole needs to further boost its cost and non-cost competitiveness in the global economy, particularly by increasing competition in the product and services markets to enhance productivity, resource efficiency and to lower prices, and by keeping labour costs in line with productivity and ensuring that internal macroeconomic imbalances are reduced;

6.  Acknowledges the ambitious structural reforms implemented by those Member States that have experienced serious difficulties; encourages Member States to continue in their efforts; points out that the efforts for structural reforms need to be maintained with determination and monitored in order to ensure the effectiveness of reform and to build on the progress made; encourages the adoption and implementation of structural reform programmes that promote convergence and competitiveness at national and European level, and increase sustainable growth and foster employment; underlines the importance of the swift and effective implementation of programmes and schemes to fight unemployment, especially among young people;

7.  Underlines the importance of launching or continuing the process of coherent and sustainable structural reforms for stability in the medium and long term; stresses that the EU cannot compete on general or labour costs alone, but needs to invest more in research, innovation and development, education and skills, and resource efficiency, at both national and European level;

8.  Reiterates its demand for a legal act on ‘convergence guidelines’ to be adopted under the ordinary legislative procedure, laying down, for a set period, a very limited number of targets for the most urgent reform measures and its request that the Member States ensure that the national reform programmes should be established on the basis of the aforementioned convergence guidelines and verified by the Commission; calls on the Member States to commit themselves to fully implementing their national reform programmes; suggests that, on this basis, the Member States could enter into a ‘convergence partnership’ with the EU institutions, with the possibility of conditional funding for reform activities; reiterates that such stronger economic cooperation should go hand in hand with an incentive-based financial mechanism; considers that any additional funding or instruments, such as a solidarity mechanism, must be an integral part of the EU budget, but outside the agreed multiannual financial framework (MFF) envelope;

9.  Expresses concern with the overall public and private indebtedness of Member States in the euro area; points out that the EU needs to go beyond a growth model based on excessive debt accumulation and resource consumption;

10.  Calls on the Member States, therefore, to pay particular attention, when devising economic policies and reforms, to the impact on the young generation of Europeans and on future generations, so as not to deprive young people of opportunities from the start; underlines that further efforts need to be made to fight the long-term effects of unemployment and in particular of youth unemployment;

11.  Acknowledges those Member State authorities that have successfully implemented macroeconomic adjustment programmes or financial sector programmes;

12.  Points out that a necessary condition for the success of financial assistance programmes is a combination of solidarity and conditionality, strong ownership and commitment to reform; urges the Commission and the Member States, however, to incorporate financial assistance and the ad hoc system of the Troika into an improved legal structure compliant with the EU economic governance framework and community law, thereby guaranteeing democratic accountability;

13.  Underlines the fact that the Economic and Monetary Union (EMU) is far from complete, and reminds the Commission of its obligations and commitments to enhance growth and economic convergence, and to strengthen competitiveness in the EU; believes that this could best be achieved if the Commission was to finally put forward proposals for the completion of the EMU in accordance with all the guidelines in its blueprint on a deep and genuine EMU; notes that the completion of the EMU should be based on the community method;

14.  Acknowledges the achievements of new and revised EU financial regulations in overcoming the financial crisis; notes that the completion of the three pillars of the Banking Union and the implementation of the new rules on capital requirements for banks contribute to re-establishing confidence in the resilience of the European banking sector;

15.  Welcomes the Commission statement to the effect that the top priority of the Annual Growth Survey (AGS) 2014 is to build sustainable, smart and inclusive growth and competitiveness leading to additional job creation;

16.  Agrees with the Commission that the Member States need to continue to pursue growth‑friendly fiscal consolidation; calls on Member States to simplify tax systems, reduce taxes and social security contributions, especially for low and medium incomes, and shift taxes away from labour to consumption and environmentally damaging activities in order to stimulate growth, private investment and job creation, to make consolidation efforts more efficient, and to enhance investments in education, R&D, and active labour market policies;

17.  Encourages Member States under an adjustment programme to continue implementing or implement growth-friendly and sustainable structural reforms while enhancing the efforts for the achievement of the Europe 2020 objectives; expresses concern at the lack of ownership on specific reforms in those Member States experiencing excessive budget or current account deficits; considers that the principle of frontloading plus immediate distribution should be applied to all funds for the 2014-2020 period designed to boost economic growth, employment and strategic investment, in particular as regards the Youth Employment Initiative;

18.  Emphasises the importance of the monitoring and the implementation of the country‑specific recommendations, multilateral surveillance, the exchange of experiences and best practices and peer reviews as a means of stimulating debate and peer pressure, thereby providing direction that helps to create the necessary momentum for and acceptance of reforms;

19.  Points out once more that a lack of ambitious reforms to enhance the competitiveness of the European economies, as well as to safeguard the sustainability of the