European Parliament decision to raise no objections to Commission delegated regulation of 13 March 2014 supplementing Regulation (EU) No 223/2014 of 11 March 2014 of the European Parliament and of the Council on the Fund for European Aid to the Most Deprived (C(2014)1627 – 2014/2676(DEA))

P7_TA(2014)0340 B7-0273/2014

The European Parliament,

–  having regard to Commission Delegated Regulation C(2014)1627,

–  having regard to the Commission’s letter of 13 March 2014 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Employment and Social Affairs to the Chair of the Conference of Committee Chairs of 18 March 2014,

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

–  having regard to Regulation (EU) No 223/2014(1), and in particular to Articles 32(8), 32(9), 34(7), 34(8), 55(4) and 62(4) thereof,

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

–  having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 87a(6) of its Rules of Procedure, which expired on 3 April 2014,

A.  whereas it has repeatedly stressed that it is essential for the Fund for European Aid to the Most Deprived to become operational without delay;

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

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

(1) OJ L 72, 12.3.2014, p. 1.

European Parliament legislative resolution of 15 April 2014 on the proposal for a regulation of the European Parliament and of the Council establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Bank Resolution Fund and amending Regulation (EU) No 1093/2010 of the European Parliament and of the Council (COM(2013)0520 – C7-0223/2013 – 2013/0253(COD))

P7_TA(2014)0341 A7-0478/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0520),

–  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 (C7‑0223/2013),

–  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 Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Central Bank of 6 November 2013(1),

–  having regard to the opinion of the European Economic and Social Committee of 17 October 2013(2),

–  having regard to the undertaking given by the Council representative by letter of 27 March 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 Economic and Monetary Affairs and the opinions of the Committee on Legal Affairs and the Committee on Constitutional Affairs (A7-0478/2013),

1.  Adopts its position at first reading hereinafter set out(3);

2.  Takes note of the Council statement annexed to this resolution;

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

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

Position of the European Parliament adopted at first reading on 15 April 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council establishing uniform rules and a uniform procedure for the resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Bank Resolution Fund and amending Regulation (EU) No 1093/2010

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 806/2014.)

ANNEX TO THE LEGISLATIVE RESOLUTION

Council Statement

The signatories to the Intergovernmental Agreement on the transfer and mutualisation of contributions to the Single Resolution Fund declare that they will strive to complete its process of ratification in accordance with their respective national legal requirements in due time so as to permit the Single Resolution Mechanism to be fully operational by 1 January 2016.

(1) Not yet published in the Official Journal. (2) OJ C 67, 6.3.2014, p. 58. (3) This position replaces the amendments adopted on 6 February 2014 (Texts adopted P7_TA(2014)0095).

European Parliament resolution of 15 April 2014 on consumer protection – protection of consumers in utilities services (2013/2153(INI))

P7_TA(2014)0342 A7-0163/2014

The European Parliament,

–  having regard to its resolution of 22 May 2012 on a strategy for strengthening the rights of vulnerable consumers(1),

–  having regard to its resolution of 25 October 2011 on mobility and inclusion of people with disabilities and the European Disability Strategy 2010-2020(2),

–  having regard to its resolution of 11 June 2013 on a new agenda for European Consumer Policy(3),

–  having regard to its resolution of 15 November 2011 on reform of the EU State aid rules on Services of General Economic Interest(4),

–  having regard to Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (the Unfair Commercial Practices Directive),

–  having regard to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council,

–  having regard to Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services(5),

–  having regard to the Commission proposal of 13 September 2013 for a regulation of the European Parliament and of the Council laying down measures concerning the European single market for electronic communications and to achieve a Connected Continent, and amending Directives 2002/20/EC, 2002/21/EC and 2002/22/EC and Regulations (EC) No 1211/2009 and (EU) No 531/2012 (COM(2013)0627),

–  having regard to the Commission communication of 15 November 2012 to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled ‘Making the internal energy market work’ (COM(2012)0663),

–  having regard to Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008 amending Directive 97/67/EC with regard to the full accomplishment of the internal market of Community postal services,

–  having regard to Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on Electronic Commerce),

–  having regard to 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,

–  having regard to the Commission communication entitled ‘Towards a European Charter on the Rights of Energy Consumers’ (COM(2007)0386),

–  having regard to the Charter of Fundamental Rights of the European Union, as incorporated into the Treaties by Article 6 of the Treaty on European Union (TEU), and in particular Article 8 (protection of personal data), Article 11 (freedom of expression and information), Article 21 (non-discrimination), Article 23 (equality between men and women), Article 25 (the rights of the elderly), Article 26 (integration of persons with disabilities), Article 34 (social security and social assistance), Article 36 (access to services of general economic interest), Article 37 (environmental protection) and Article 38 (consumer protection),

–  having regard to Article 12 TEU,

–  having regard to Article 14 TEU and Protocol No 26 to the TEU,

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

–  having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0163/2014),

A.  whereas enhanced consumer information regarding utility services is particularly important, and whereas there is a need to ensure that consumers have access to such services while Member States have the necessary flexibility to take vulnerable consumers into account;

B.  whereas sectorial legislation is in place and has already enhanced consumer protection, but whereas the Member States are reminded that, to that end, correct implementation and enforcement is still needed;

C.  whereas, in the case of utility services, national powers and the right of self-administration at local government level must be respected, and whereas the sectoral provisions form an adequate legal framework for utility services;

General considerations

1.  Notes that some aspects of basic consumer rights are covered by Directive 2011/83/EU and that common characteristics of utility services are outlined in the relevant sectorial legislation;

2.   Reminds the Member States that it was necessary to transpose the Directive on consumer rights by mid-December 2013 and that it will be applicable to all contracts concluded after 13 June 2014;

3.  Points out that consumer protection is effective only if consumers’ rights can be enforced; calls, therefore, on the Member States to implement fully the provisions of the Unfair Commercial Practices Directive (2005/29/EC), the Directive on Misleading and Comparative Advertising (2006/114/EC) and the Consumer Rights Directive (2011/83/EU); highlights, in this context, the importance of alternative dispute resolution (ADR) systems as efficient, cost-saving mechanisms for solving conflicts between both consumers and providers of utilities services; calls, therefore, on the Member States to implement the recently agreed Directive on ADR (2013/11/EU) and Regulation (EU) No 524/2013 on online dispute resolution (ODR);

4.  Highlights that raising consumers’ awareness concerning their rights plays a key role in obtaining a high level of consumer protection, but underlines also the fundamental role of customer service on behalf of utility service providers; stresses that individuals responsible for contacts with clientele should be trained and aware of the rights of consumers; encourages, therefore, utility service providers to train their employees accordingly and ensure that all customers have easy access to personalised assistance at all times;

5.  Stresses the need for consumers to have access to affordable and high-quality utility services throughout the EU, given that such services are essential for ensuring social and territorial cohesion while contributing to European economic competitiveness;

6.  Supports the existence of strong and independent consumer organisations in facilitating comprehensive consumer protection, yet stresses the importance of striking a proper balance between the needs of consumers and the needs of providers;

7.  Emphasises that access to utility services should be facilitated for all consumers, irrespective of their financial circumstances; suggests that, in specific circumstances, Member States may deem that ‘vulnerable consumers’ may require appropriate arrangements;

8.  Calls on the Commission and the Member States to pay more attention to, and invest more in, consumer information and education campaigns in the context of utility services that target the right messages at the right consumer segment;

Energy

9.  Believes that an open, transparent and integrated internal energy market is needed to help achieve competitive energy prices, security of supply, sustainability and efficient large-scale deployment of renewable energy, and calls on the Member States properly to transpose, apply and better monitor the third internal energy market package; points out the need for enhanced consumer information, in particular with a view to improving the services offered, and to allowing for the comparability and transparency of tariffs, hence achieving non-discriminatory pricing;

10.  Stresses the crucial importance of timely, correct and full implementation of existing legislation, including the regulatory work called for by the third internal energy market package, in order to achieve an integrated and competitive European internal energy market by 2014;

11.  Welcomes the work of the Vulnerable Consumers working group in the framework of the Citizens Energy Forum, and welcomes the Commission communication of 22 January 2014 on energy prices and costs in Europe (COM(2014)0021) and the annexed report, which analyse the impact and relationship of energy prices and costs in the Member States; recalls that it is also the task of the Member States to address the various factors and situations linked to energy and vulnerable consumers;

12.  Notes that terminating energy contracts often involves restrictive conditions and complex procedures, which makes switching provider difficult; calls for procedures for switching providers to be sped up and simplified; points out that the existing evaluation criteria of the internal energy market package are completed in the respective Electricity and Gas Directives of the third internal energy market package; stresses the importance of regular Commission reports on the enforcement of the Internal Energy Market;

13.  Emphasises the need for the Commission to present its conclusion on e-billing as it pertains to consumer online energy account management;

14.  Regrets that current energy prices do not necessarily factor in external costs, namely the environmental damage associated with a given energy source or production method, which may nevertheless be passed on to society as a whole in the long run; calls for measures to encourage greater price transparency for consumers in this regard;

15.  Takes the view that undertakings should publish information about prices, price changes and changes to contracts in a readily understandable form; reminds the Member States of the fact that the third internal energy market package already obliges them to ensure this; calls on the Member States and the businesses concerned to take appropriate measures to ensure that consumers have access to clear, understandable and comparable information about tariffs, conditions and means of redress;

16.  Recalls that the third internal energy market package suggests that the Member States undertake cost-benefit-analyses before starting the roll-out of smart metering; highlights that smart grids allow consumers to observe and adapt their energy consumption, but points out that some of the cost-benefit analyses that have been conducted by Member States give no indication of substantial cost savings for consumers; highlights that both customers and data protection provisions must be respected, and stresses that the use of smart meters must remain the choice of the consumer;

Telecommunications

17.  Stresses that the consumer aspect of the digital single market and the electronic communications sector is of utmost importance, and notes the significant enhancements to consumer protection that have been introduced following the implementation of the 2009 Telecoms Package (Directives 2009/136/EC and 2009/140/EC); highlights the important updates and improvements for consumer protection and empowerment currently being proposed by the Parliament; underlines the significance of access for all consumers to high-quality electronic communications services, and the importance of deploying new infrastructures in order to narrow the digital divide;

18.  Reiterates its proposals to make it easier for customers to switch electronic communication service providers without additional fees other than the actual switching cost, without loss of data and with a minimum of formalities, and to encourage them to do so; supports as well proposals to promote independent information on pricing, billing and service quality, including data speeds;

Postal services

19.  Notes that consumers benefit from a more quality-focused service in the postal sector and from savings passed on to them through cost reductions; highlights that more delivery options and better transparency, information and prices are preconditions for increasing consumers’ confidence in the delivery market; notes that Directive 97/67/EC, as amended by Directives 2002/39/EC and 2008/6/EC, ensures that postal services provide a universal service; reminds the Commission to examine, in its implementation report, whether this guarantee is fulfilled by the Member States; asks the Commission to encourage postal services operators to improve interoperability and to accelerate the roll-out of streamlined processes aimed at reducing costs, increasing the availability and quality of delivery services;

20.  Emphasises the importance of a comprehensive parcel delivery service throughout the Union; stresses that it is crucial that parcel services provided by postal services and private operators are fast and reliable, not least in order to meet the needs of consumers ordering online; reiterates the suggestions made in its resolution of 4 February 2014 on parcel delivery(6) on the need to assist service improvements and reduce costs;

21.  Welcomes all the efforts already made by delivery market operators to meet the needs of online consumers and retailers in a better way, such as the introduction of flexible delivery and return options; stresses, at the same time, that further incentives to improve interoperability and the quality of services are welcome;

Public transport

22.  Notes that in recent years the rights of consumers using transport services have been strengthened through sectoral measures;

23.  Emphasises that consumers with access to efficient local public transport should be targeted, regardless of whether they reside in areas where such service would be less profitable; acknowledges the responsibility of the Member States in this respect, and calls on them to take appropriate action;

24.  Points out that, as a result of an ageing population, efficient public transport services will gain in importance in the future, and that they are also essential if the Europa 2020 climate objectives are to be achieved; calls for the development of common tools to ensure optimised multimodality in efficient, high-quality public transport services with a view to ensuring both the free movement of people and the competitiveness of such services;

25.  Calls for a holistic approach with regard to elderly people and people with limited mobility; believes that the whole public transport chain must be taken into consideration, including access to public transport nodes; wishes to address the need for a coherent focal point system in order to help people with limited mobility;

o
o   o

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

(1) OJ C 264 E, 13.9.2013, p. 11. (2) OJ C 131 E, 8.5.2013, p. 9. (3) Texts adopted, P7_TA(2013)0239. (4) OJ C 153 E, 31.5.2013, p. 51. (5) OJ L 373, 21.12.2004, p. 37. (6) Texts adopted, P7_TA(2014)0067.

European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Directive 2006/87/EC of the European Parliament and of the Council (COM(2013)0622 – C7-0266/2013 – 2013/0302(COD))

P7_TA(2014)0343 A7-0145/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0622),

–  having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0266/2013),

–  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 21 January 2014(1),

–  having regard to the opinion of the Committee of the Regions of 31 January 2014(2),

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

–  having regard to the report of the Committee on Transport and Tourism (A7-0145/2014),

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 15 April 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council laying down technical requirements for inland waterway vessels and repealing Directive 2006/87/EC

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 91(1) thereof,

Having regard to the proposal from the European Commission,

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

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

Having regard to the opinion of the Committee of the Regions(4),

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

Whereas:

(1)  Directive 2006/87/EC of the European Parliament and of the Council(6) establishes harmonised conditions for issuing technical certificates for inland waterway vessels throughout the Union's inland waterway network.

(2)  The technical requirements for vessels navigating on the Rhine river are established by the Central Commission for Navigation on the Rhine (CCNR).

(3)  The technical requirements set out in the annexes to Directive 2006/87/EC for the most part incorporate the provisions laid down in the Rhine Vessels Inspection Regulations, in the version approved in 2004 by the CCNR. The conditions and technical requirements for issuing inland navigation certificates under Article 22 of the Revised Convention for Rhine Navigation are updated regularly and are recognised as reflecting current technological developments.

(4)  Maintaining two Given the different set of rules, those for legal frameworks and timeframes for the decision-making procedures, it is difficult to maintain the equivalence between the Union inland navigation certificates issued pursuant to Directive 2006/87/EC and the certificates issued pursuant to Article 22 of the Revised Convention on the Navigation on the Rhine and for the Union inland navigation certificate, does not ensure legal certainty and for Rhine Navigation. Legal certainty is therefore not ensured, and this has a potentially negative impact on navigation safety. [Am. 1]

(5)  In order to achieve harmonisation at Union level and to prevent distortions of competition and varying levels of safety the same technical requirements for the whole of the Union's inland waterway network should be applied and updated regularly.

(6)  Since the CCNR has built up significant expertise in developing and updating technical requirements for inland navigation vessels, this that expertise should be fully used for the inland waterways in the Union. The Commission's services and the CCNR signed an Administrative Arrangement in 2013 to reinforce their cooperation, particularly as regards the development of technical requirements concerning inland waterway vessels. Within that framework, it has been agreed that a Committee (the Committee for the Elaboration of European Technical Standards (CESTE)) is to be established to draw up technical standards in the field of inland navigation to which reference can be made by the Union and the CCNR in their respective regulations. [Am. 2]

(7)  Union inland navigation certificates attesting that craft are fully compliant with the technical requirements should be valid on all Union inland waterways.

(8)  The conditions for the issuing of supplementary Union inland navigation certificates by Member States for operations on Zone 1 and 2 waterways (estuaries) and for operations on Zone 4 waterways should be harmonised more closely.

(9)  In the interests of safety, standards should be harmonised at a high level and in such a way that there is no reduction in safety standards on the Union inland waterways. However, Member States should be allowed, after consulting the Commission, to establish specific provisions concerning additional or reduced technical requirements for certain zones provided that such measures are limited to the specific subjects set out in Annexes III and IV.

(10)  Member States should have the possibility to derogate from the provisions of this Directive in certain cases related to navigable waterways not linked to the inland waterways of other Member States or to certain craft that operate exclusively on a national waterway.

(11)  Member States, after authorisation by the Commission, should also be allowed to derogate from the provisions of this Directive for specific crafts to accommodate alternative approaches, promote innovation or to prevent unreasonable costs.

(12)  The Union inland navigation certificate should be issued to a craft that passes a technical inspection carried out prior to the craft being put into service. This technical inspection should be used to check whether the craft complies with the technical requirements set out in this Directive. The competent authorities of the Member States should will be entitled to carry out additional inspections at any time to verify that the craft's physical state matches the Union inland navigation certificates. [Am. 3]

(13)  It is appropriate, within certain time limits and depending on the category of craft concerned, to determine the period of validity of Union inland navigation certificates in each specific case.

(14)  Detailed provisions concerning the replacement, renewal, extension of validity and issuance of new Union inland navigation certificates need to be established, within certain limits, in order to maintain a high degree of safety in inland navigation.

(15)  The measures set out in Directive 2009/100/EC of the European Parliament and of the Council(7) need to remain in force for vessels not covered by this Directive.

(16)  A transitional regime should be applied in the case of craft in service not yet carrying a Union inland navigation certificate when they undergo a first technical inspection under the revised technical requirements established by this Directive.

(17)  Binding administrative instructions should be issued in order to provide detailed rules on the application of the technical requirements in a harmonised manner.

(18)  Changes in In order to ensure a high level of safety and efficiency for inland navigation and to maintain the equivalence of the inland navigation certificates, the technical requirements need to be taken laid down in the annexes to this Directive should be kept up to date in order to take into account for reasons of safety of scientific and technical progress and technical standards in the field of inland navigation and equivalence of certificates. In order to do so, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to adapt in respect of the adaptation of the annexes to this Directive in line with to scientific and technical progress or with to developments in this area and updates of technical standards arising from the work of international organisations, in particular the CCNR. It is particularly important that the The Commission carries should carry out, in an open and transparent manner, appropriate consultations with all relevant stakeholders during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate submission transmission of the relevant documents to the European Parliament and to the Council. [Am. 4]

(18a)  The Commission should in particular adopt delegated acts to introduce technical requirements for vessels powered by liquefied natural gas (LNG), in order to allow efficient and safe circulation of those vessels in inland waterways. [Am. 5]

(19)  In order to accommodate alternative approaches, to promote innovation, to prevent unreasonable costs, to provide for an efficient process for issuing certificates or to take account of regional circumstances, implementing powers should be conferred on the Commission as regards the authorisation of certain derogations to the technical requirements for specific craft, to approve classification societies and to approve additional or reduced technical requirements for vessels operating in certain zones which are not linked to the navigable inland waterways of another Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(8).

(19a)  In order to ensure an appropriate framework for coordination and cooperation with international organisations competent for inland waterway navigation, in particular the CCNR, and the development of uniform technical standards for inland navigation to which the Union and international organisations could refer, this Directive should be subject to review, particularly as regards the effectiveness of the measures introduced by it, as well as the mechanisms for cooperation with international organisations competent for inland navigation, with a view to achieving a single, uniform set of technical standards. [Am. 6]

(20)  Directive 2006/87/EC should therefore be repealed,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Classification of waterways

For the purposes of this Directive, the inland waterways of the Union shall be classified as follows:

(a)  Zones 1, 2, 3 and 4:

(i)  Zones 1 and 2: the waterways listed in Chapter 1 of Annex I;

(ii)  Zone 3: the waterways listed in Chapter 2 of Annex I;

(iii)  Zone 4: the waterways listed in Chapter 3 of Annex I.

(b)  Zone R: those of the waterways referred to in point (a) for which certificates are to be issued in accordance with Article 22 of the Revised Convention for Rhine Navigation as that Article is worded when this Directive enters into force.

Article 2

Definitions and scope of application

1.  For the purposes of this Directive, the following definitions shall apply:

(a)  ‘craft’: means a vessel or item of floating equipment;

(b)  ‘vessel’: means an inland waterway vessel or sea-going ship;

(c)  ‘tug’: means a vessel specially built to perform towing operations;

(d)  ‘pusher’: means a vessel specially built to propel a pushed convoy;

(e)  ‘passenger vessel’: means a day trip or cabin vessel constructed and equipped to carry more than 12 passengers;

(f)  ‘floating equipment’: means a floating installation carrying working gear such as cranes, dredging equipment, pile drivers or elevators;

(g)  ‘recreational craft’: means a vessel other than a passenger vessel, intended for sport or pleasure;

(h)  ‘water displacement" : means the immersed volume of the vessel, in m³;

(i)  ‘length (L)’: means the maximum length of the hull in m, excluding rudder and bowsprit;

(j)  ‘breadth (B)’: means the maximum breadth of the hull in m, measured to the outer edge of the shell plating (excluding paddle wheels, rub rails, and similar);

(k)  ‘draught (T)’: means the vertical distance in m between the lowest point of the hull without taking into account the keel or other fixed attachments and the maximum draught line;

(l)  'Classification society': means a classification society that has been approved in accordance with the criteria and procedures referred to in Article 9;

(m)  ‘Union inland navigation certificate’: means a certificate issued to an inland waterway vessel by the competent authority, signifying compliance with the technical requirements of this Directive.

2.  This Directive shall apply to the following craft:

(a)  vessels having a length (L) of 20 metres or more;

(b)  vessels for which the product of length (L), breadth (B) and draught (T) is a volume of 100 m³ or more.

3.  This Directive shall also apply to the following craft:

(a)  tugs and pushers intended for towing or pushing craft referred to in paragraph 1 or floating equipment or for moving such craft or floating equipment alongside;

(b)  vessels intended for passenger transport which carry more than 12 passengers in addition to the crew;

(c)  floating equipment.

4.  This Directive shall not apply to the following craft:

(a)  ferries;

(b)  naval vessels;

(c)  sea-going vessels, including sea-going tugs and pusher craft, which:

(i)  operate or are based on tidal waters;

(ii)  operate temporarily on inland waterways, provided that they carry:

–  a certificate proving conformity with the 1974 International Convention for the Safety of Life at Sea (SOLAS), or equivalent, a certificate proving conformity with the 1966 International Convention on Load Lines, or equivalent, and an international oil pollution prevention (IOPP) certificate proving conformity with the 1973 International Convention for the Prevention of Pollution from Ships (MARPOL); or

–  in the case of passenger vessels not covered by all of the Conventions referred to in the first indent, a certificate on safety rules and standards for passenger ships issued in conformity with Directive 2009/45/EC of the European Parliament and of the Council(9); or

–  in the case of recreational craft not covered by all of the Conventions referred to in the first indent, a certificate of the country of which it carries the flag.

Article 3

Obligation to carry a certificate

1.  Craft operating on the Union inland waterways referred to in Article 1 shall carry:

(a)  when operating on a Zone R waterway:

–  either a certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation ; or

–  a Union inland navigation certificate attesting full compliance of the craft, without prejudice to the transitional provisions of Annex II, with technical requirements as referred to in Annex II for which equivalency with the technical requirements laid down in application of the Revised Convention for Rhine Navigation has been established according to the applicable rules and procedures;

(b)  when operating on other waterways, a Union inland navigation certificate, including, where applicable, the specifications referred to in Article 5.

2.  The Union inland navigation certificate shall be drawn up following the model set out in Part I of Annex V and shall be issued in accordance with this Directive. The Commission shall be empowered to adopt delegated acts in accordance with Article 24 to amend that model if this becomes necessary in order to take account of scientific and technical progress, to streamline administrative requirements or to take account of developments in this area arising from the work of international organisations, in particular that of the CCNR.

Article 4

Supplementary Union inland navigation certificates

1.  All craft carrying a valid certificate issued pursuant to Article 22 of the Revised Convention for Rhine Navigation may, subject to the provisions of Article 5(5) of this Directive, navigate on Union waterways carrying that certificate only.

2.  However, all craft carrying the certificate referred to in paragraph 1 shall also be provided with a supplementary Union inland navigation certificate:

(a)  when operating on Zone 3 and 4 waterways, if they wish to take advantage of the reduction in technical requirements on those waterways;

(b)  when operating on Zone 1 and 2 waterways, or, in respect of passenger vessels, when operating on Zone 3 waterways that are not linked to the navigable inland waterways of another Member State, if the Member State concerned has adopted additional technical requirements for those waterways, in accordance with Article 5(1), (2) and (3).

3.  The supplementary Union inland navigation certificate shall be drawn up following the model set out in Part II of Annex V and shall be issued by the competent authorities on production of the certificate referred to in paragraph 1 and under the conditions laid down by the authorities competent for the waterways concerned. The Commission shall be empowered to adopt delegated acts to amend that model if this becomes necessary in order to take account of scientific and technical progress, to streamline administrative requirements or to take account of developments in this area arising from the work of international organisations, in particular that of the CCNR.

Article 5

Additional or reduced technical requirements for certain zones

1.  Member States may, after consulting the Commission, and where applicable subject to the requirements of the Revised Convention for Rhine Navigation , adopt technical requirements additional to those in Annex II for craft operating on Zone 1 and 2 waterways within their territory.

2.  In respect of passenger vessels operating on Zone 3 waterways within its territory that are not linked to the navigable inland waterways of another Member State, each Member State may maintain technical requirements additional to those in Annex II. Member States may adopt such new additional technical requirements following the procedure referred to in paragraph 3. The additional requirements may cover only the elements listed in Annex III.

3.  The Member State shall notify the Commission of the proposed additional requirements at least six months before their envisaged date of entry into force and shall inform the other Member States.

The Commission shall approve the additional technical requirements by way of implementing acts adopted in accordance with the advisory procedure referred to in Article 25(2).

4.  Compliance with the additional requirements shall be specified in the Union inland navigation certificate referred to in Article 3 or, where Article 4(2) applies, in the supplementary Union inland navigation certificate. Such proof of compliance shall be recognised on Union waterways of the corresponding zone.

5.  Where application of the transitional provisions set out in chapter 24a of Annex II would result in a reduction in existing national safety standards, a Member State may disapply those transitional provisions in respect of inland waterway passenger vessels operating on its inland waterways that are not linked to the navigable inland waterways of another Member State. In such circumstances, the Member State may require that such vessels operating on its non-linked inland waterways comply fully with the technical requirements set out in Annex II starting from 30 December 2008.

A Member State using the possibility referred to in the first subparagraph shall inform the Commission and the other Member States of its decision and provide the Commission with details of the relevant national standards applying to passenger vessels operating on its inland waterways.

Compliance with the requirements of a Member State for operating on its non-linked inland waterways shall be specified in the Union inland navigation certificate referred to in Article 3 or, where Article 4(2) applies, in the supplementary Union inland navigation certificate.

6.  Craft operating only on Zone 4 waterways shall qualify for the reduced requirements set out in Annex II on all waterways in that zone. Compliance with those reduced requirements shall be specified in the Union inland navigation certificate referred to in Article 3.

7.  Member States may, after consulting the Commission, allow a partial application of the technical requirements or set technical requirements which are less stringent than those of Annex II for craft operating exclusively on Zone 3 and 4 waterways within their territory.

The less stringent or partial application of technical requirements may cover only the elements listed in Annex IV. Where the technical characteristics of a craft correspond to the less stringent or partial application of technical requirements, this shall be specified in the Union inland navigation certificate or, where Article 4(2) applies, in the supplementary Union inland navigation certificate.

The Member States shall notify the Commission of the less stringent or partial application of the technical requirements of Annex II at least six months before they come into force and shall inform the other Member States.

Article 6

Derogations

1.  Member States may authorise derogations from all or part of this Directive for:

(a)  vessels, tugs, pushers and floating equipment operating on navigable waterways not linked by inland waterway to the waterways of other Member States;

(b)  craft having a dead weight not exceeding 350 tonnes or craft not intended for the carriage of goods and having a water displacement of less than 100 m³, which were laid down before 1 January 1950 and operate exclusively on a national waterway.

2.  Member States may authorise, in respect of navigation on their national waterways, derogations from one or more provisions of this Directive for limited journeys of local interest or in harbour areas. The derogations and the journeys or area for which they are valid shall be specified in the craft's certificate.

3.  The Member States shall notify to the Commission the derogations authorised in accordance with paragraphs 1 and 2 and shall inform the other Member States thereof.

4.  Any Member State which, as a result of derogations authorised in accordance with paragraphs 1 and 2, has no craft subject to the provisions of this Directive operating on its waterways, shall not be required to comply with Articles 8, 9 and 11.

Article 7

Issuance of Union inland navigation certificates

1.  The Union inland navigation certificate shall be issued to craft laid down as from [date of transposition of this Directive] following a technical inspection carried out prior to the craft being put into service and intended to check whether the craft complies with the technical requirements of Annex II.

2.  The Union inland navigation certificate shall be issued to craft excluded from the scope of Council Directive 82/714/EEC(10), but covered by this Directive in accordance with Article 2(2) and (3), following a technical inspection which shall be carried out upon expiry of the craft's current certificate, but in any case no later than 30 December 2018, to check whether the craft complies with the technical requirements of Annex II.

Any failure to meet the technical requirements of Annex II shall be specified in the Union inland navigation certificate. Provided that the competent authorities consider that these shortcomings do not constitute a manifest danger, the craft referred to in the first subparagraph of this Article may continue to operate until such time as those components or areas of the craft which have been certified as not meeting those requirements are replaced or altered, whereafter those components or areas shall meet the technical requirements of Annex II.

3.  Manifest danger within the meaning of this Article shall be presumed in particular when requirements concerning the structural soundness of the shipbuilding, the navigation or manoeuvrability or special features of the craft in accordance with the technical requirements referred to Annex II are affected. Derogations as allowed for in the technical requirements of Annex II shall not be identified as shortcomings which constitute a manifest danger.

The replacement of existing parts with identical parts or parts of an equivalent technology and design during routine repairs and maintenance shall not be considered as a replacement within the meaning of this Article.

4.  Compliance of a craft with the additional requirements referred to in Article 5(1), (2) and (3) shall, where appropriate, be checked during the technical inspections provided for in paragraphs 1 and 2 of this Article, or during a technical inspection carried out at the request of the craft's owner.

Article 8

Competent authorities

1.  Union inland navigation certificates may shall be issued by the competent authorities of the Member States. [Am. 7]

2.  Each Member State shall draw up a list indicating the competent authorities for issuing the Union inland navigation certificates and shall notify the Commission and the other Member States thereof.

3.  Competent authorities shall keep a register of all Union inland navigation certificates they issue in accordance with the model set out in Annex VI. The Commission shall be empowered to adopt delegated acts in accordance with Article 24 to amend that model in order to take account of scientific and technical progress, to streamline administrative requirements or to take account of developments in this area arising from the work of other international organisations, in particular that of the CCNR.

Article 9

Carrying out of technical inspections

1.  The technical inspection referred to in Article 7 shall be carried out by the competent authorities. Those authorities may refrain from subjecting the craft in whole or in part to technical inspection where it is evident from a valid attestation, issued by a recognised classification society, that the craft satisfies in whole or in part the technical requirements of Annex II.

2.  The Commission shall adopt implementing acts in order to approve a classification society which meets the criteria listed in Annex VII, or to withdraw approval, in accordance with the procedure provided in paragraphs 3 and 4. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 25(2).

3.  An application for approval shall be submitted to the Commission by the Member State in which the classification society has its headquarters or a subsidiary authorised to issue attestations that craft satisfies the requirements of Annex II in accordance with this Directive. This application shall be accompanied with all information and documentation needed to check that the criteria for approval are met.

Any Member State can demand that a hearing takes place or that further information or documentation has to be provided.

4.  Any Member State can submit to the Commission a request to withdraw the approval if it considers that a classification society no longer meets the criteria provided in Annex VII. The request for withdrawal shall be accompanied with documentary evidence.

5.  Until their approval under this Directive, classification societies which are recognised and approved and authorised by a Member State in accordance with Council Directive 94/57/EC(11) shall be considered approved only in respect of vessels which operate exclusively on waterways of that Member State.

6.  The Commission shall publish for the first time by ...(12), and keep updated, a list of the classification societies approved in accordance with the present Article. [Am. 8]

7.  Each Member State shall draw up a list indicating its competent authorities for carrying out technical inspections and shall notify the Commission and the other Member States thereof.

8.  Each Member State shall comply with the specific requirements as regards inspection bodies and the request for an inspection provided in Annex II.

Article 10

Validity of Union inland navigation certificates

1.  The validity period of Union inland navigation certificates issued to newly built vessels in accordance with the provisions of this Directive shall be determined by the competent authority up to a maximum of:

(a)  five years in the case of passenger vessels;

(b)  10 years in the case of all other craft.

The period of validity shall be entered on the Union inland navigation certificate.

2.  In the case of vessels already in operation before the technical inspection, the competent authority shall set the period of validity of the Union inland navigation certificate on a case- by-case basis, in the light of the results of the inspection. However, the validity may not exceed the periods specified in paragraph 1.

3.  Each Member State may, in the cases specified in Annex II, issue provisional Union inland navigation certificates. Provisional Union inland navigation certificates shall be drawn up following the model set out in Part III of Annex V. The Commission shall be empowered to adopt delegated acts in accordance with Article 24 to amend that model in order to take account of scientific and technical progress, to streamline administrative requirements or to take account of developments in this area arising from the work of other international organisations, in particular that of the CCNR.

Article 11

Replacement of Union inland navigation certificates

Each Member State shall lay down the conditions under which a valid Union inland navigation certificate which has been lost or damaged may be replaced.

Article 12

Renewal of Union inland navigation certificates

1.  The Union inland navigation certificate shall be renewed on expiry of its period of validity in accordance with the conditions laid down in Article 7.

2.  For the renewal of Union inland navigation certificates, the transitional provisions provided in chapters 24 and 24a of Annex II shall apply to the craft and under the conditions specified therein.

Article 13

Extension of validity of Union inland navigation certificates

The validity of a Union inland navigation certificate may be exceptionally extended without a technical inspection in accordance with Annex II by the authority which issued or renewed it. The extension shall be indicated on the certificate.

Article 14

Issuance of new Union inland navigation certificates

In the event of major alterations or repairs which affect the structural soundness of the ship, the navigation or manoeuvrability or special features of the craft in accordance with Annex II, that craft shall again undergo, prior to any further voyage, the technical inspection provided for in Article 7. Following this inspection, a new Union inland navigation certificate stating the technical characteristics of the craft shall be issued or the existing certificate shall be amended accordingly. If the certificate is issued in a Member State other than that which issued or renewed the initial certificate, the competent authority which issued or renewed the certificate shall be informed accordingly within one month.

Article 15

Refusal to issue or renew, and withdrawal of, Union inland navigation certificates

1.  Any decision refusing to issue or renew a Union inland navigation certificate shall be motivated. The owner of the craft shall be notified and shall be informed about the appeal procedure and its time limits in the Member State concerned.

2.  Any valid Union inland navigation certificate may be withdrawn by the competent authority which issued or renewed it if the craft ceases to comply with the technical requirements specified in its certificate.

Article 16

Additional inspections

1.  The competent authorities of a Member State may check at any time whether a craft is carrying a certificate valid under the terms of this Directive and satisfies the requirements set out in such certificate or constitutes a manifest danger for the persons on board, the environment or the safety of the navigation. The competent authorities shall take the necessary measures in accordance with paragraphs 2 to 5.

2.  If the authorities find upon such inspection that the certificate is not being carried or that the certificate carried on the craft is invalid, or that the craft does not satisfy the requirements set out in the certificate, but that such invalidity or failure to satisfy the requirements does not constitute a manifest danger, the owner of the craft or his representative shall take all necessary measures to remedy the situation. The authority which issued the certificate or which last renewed it shall be informed within seven days.

3.  If, upon making the inspection, the authorities find that the craft constitutes a manifest danger for the persons on board, the environment or the safety of the navigation, they may prevent the craft from proceeding with its voyage until the necessary steps have been taken to remedy the situation.

They may also prescribe measures which will enable the craft to proceed safely, where appropriate on termination of its transport operations, to a place where it will be either inspected or repaired. The authority which issued or last renewed the certificate shall be informed within seven days.

4.  A Member State which has prevented a craft from proceeding with its voyage, or has notified the owner of its intention to do so if the defects found are not corrected, shall inform the authority in the Member State which issued or last renewed the certificate, within seven days, of the decision which it has taken or intends to take.

5.  Any decision to interrupt the passage of a craft taken in the implementation of this Directive shall state in detail the reasons on which it is based. It shall be notified without delay to the party concerned, who shall at the same time be informed of the appeal procedures available to him under the laws in force in the Member States and of their time limits.

Article 17

Unique European Vessel Identification Number

The competent authority having issued a Union inland navigation certificate shall include in the Union inland navigation certificate the Unique European Vessel Identification Number in accordance with Chapter 2 of Annex II.

Article 18

Equivalences and derogations

1.  Member States may require the Commission to adopt implementing acts allowing derogations or recognising the equivalence of technical specifications for a specific craft regarding:

(a)  the use, or presence, on board of a craft of other materials, installations or items of equipment, or the adoption of other design aspects or other arrangements than those included in Annex II;

(b)  the issuance of a Union inland navigation certificate for trial purposes for a limited period incorporating new technical specifications that derogate from the requirements of Part II of Annex II provided those specifications offer equivalent safety;

(c)  the application, by the inspection bodies, of derogations, on a passenger vessel, regarding the areas provided for use by persons with reduced mobility, where the application of the specific requirements laid down in chapter 15 of Annex II is considered difficult in practice or incurs unreasonable costs;

(d)  the use of other extinguishing agents than those referred to in chapter 10 of Annex II;

(e)  the use of permanently installed firefighting systems for protecting objects;

(f)  the application of chapter 24 of Annex II to a craft converted to a length of more than 110 m;

(g)  derogations from the requirements laid down in chapter 24 and chapter 24a of Annex II following the expiry of the transitional provisions, where those requirements are technically difficult to apply or where their application might require disproportionate costs;

(h)  the recognition of standards concerning systems spraying smaller quantities of water other than those referred to in chapter 10 of Annex II.

Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 25(2).

2.  The equivalences and derogations referred to in points (a) to (g) of paragraph 1 shall be entered in the Union inland navigation certificate by the competent authorities of the Member States. The Commission and the other Member States shall be informed.

3.  Pending the adoption of the implementing acts referred to in point (a) of paragraph 1 , the competent authorities may issue a provisional Union inland navigation certificate in accordance with Article 10(2).

In that case, the competent authorities shall within one month of the issuance of the provisional Union inland navigation certificate report to the Commission and the other Member States the name and the European Vessel Identification Number of the craft, the nature of the derogation and the State in which the craft is registered or has its home port.

4.  The Commission shall publish a register of radar navigation equipment and rate-of-turn indicators approved in accordance with Annex II.

Article 19

Recognition of navigability certificates of craft from third countries

The Union shall enter into negotiations with third countries in order to ensure the mutual recognition of navigability certificates between the Union and third countries.

Pending the conclusion of such agreements, the competent authorities of a Member State may recognise the navigability certificates of craft from third countries for navigation on the waterways of that Member State.

The issuance of Union inland navigation certificates to craft from third countries shall be carried out in accordance with Article 7(1).

Article 20

Continued applicability of Directive 2009/100/EC

For those craft falling outside the scope of Article 2(2) and (3) of this Directive, but falling within the scope of Article 1(a) of Directive 2009/100/EC, the provisions of that Directive shall apply.

Article 21

Transitional provisions concerning the use of documents

Documents falling within the scope of this Directive and issued by the competent authorities of the Member States under Directive 2006/87/EC before the entry into force of this Directive remain valid until they expire.

Article 22

Adaptation of the Annexes

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 24 concerning the adaptations of Annexes I, II, III, IV and VII to scientific and technical progress or to developments in this area arising from the work of international organisations, in particular that of the CCNR to ensure that the two certificates referred to in Article 3(1)(a) are issued on the basis of technical requirements which guarantee an equivalent level of safety, or to take account of the cases referred to in Article 5.

The Commission shall, by 31 December 2017, adopt delegated acts in accordance with Article 24 concerning the introduction, within Chapter 19ba of Annex II, of specific requirements for vessels powered by liquefied natural gas (LNG). [Am. 9]

The Commission shall be empowered to adopt delegated acts in accordance with Article 24 concerning binding administrative instructions as regards the detailed application of the technical requirements provided in Annex II, in order to ensure a harmonised interpretation of those requirements or take into account best practices developed at Union level or derived from the work of international organisations, in particular that of the CCNR.

When adopting such delegated acts the Commission shall ensure that the technical requirements that have to be fulfilled for the issuance of the Union inland navigation certificate recognised for navigation on the Rhine comply with a level of safety equivalent to that required for the issuing of the certificate referred to in Article 22 of the Revised Convention for Rhine Navigation.

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 24 in order to update the references in this Directive to certain provisions of Annex II with a view to taking into account the amendments brought to this Annex.

Article 23

Temporary requirements

The Commission shall be empowered to adopt delegated acts in accordance with Article 24 in order to provide for temporary technical requirements for crafts to allow tests in order to incentivise innovation and technical progress. Such requirements shall be valid for a maximum period of three years.

Article 24

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 to adopt delegated acts referred to in Articles 3, 4, 8, 10, 22 and 23 is shall be conferred on the Commission for an indeterminate a period of time five years from [date of entry into force of the Directive] ...(13). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 10]

3.  The European Parliament or the Council may revoke The delegation of power referred to in Articles 3, 4, 8, 10, 22 and 23 may be revoked at any time by the European Parliament or by the Council. A revocation decision of revocation 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 in the decision therein. It shall not affect the validity of any delegated acts already in force. [Am. 11. Not concerning all languages]

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

5.  A delegated act adopted under pursuant to Articles 3, 4, 8, 10, 22 and 23 shall enter into force only if neither no objection has been expressed either by the European Parliament nor or the Council objects within 2 a period of two months of the Commission notifying them of the act notification of that act to the European Parliament or and the Council or if, before the expiry of that period, the European Parliament and the Council may extend this have both informed the Commission that they will not object. That period by 2 shall be extended by two months at the initiative of the European Parliament or of the Council. [Am. 12]

Article 25

Committee procedure

1.  The Commission shall be assisted by the Committee established by Article 7 of Council Directive 91/672/EEC(14) (hereinafter referred to as ‘the Committee’). That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. If the Committee's opinion is to be obtained by written procedure, its chair may decide to terminate the procedure without result within the time-limit for delivery of the opinion.

Article 26

Penalties

Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take the measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

Article 26a

Review

The Commission shall submit, before ...(15) and every three years thereafter, a report to the European Parliament and to the Council reviewing the effectiveness of the measures introduced by this Directive, particularly as regards the harmonisation of technical requirements and the development of technical standards for inland navigation. The report shall also review the mechanisms for cooperation with international organisations competent for inland navigation. The report shall, if appropriate, be accompanied by a legislative proposal to further streamline cooperation and coordination in establishing standards to which reference can be made in legal acts of the Union. [Am. 13]

Article 27

Transposition

1.  Member States with inland waterways referred to in Article 1 shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive with effect from 1 January 2015. They shall forthwith inform the Commission thereof.

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

2.  Member States shall communicate to the Commission the text of the national law provisions that they adopt in the field covered by this Directive.

Article 28

Repeal

Directive 2006/87/EC is repealed with effect from 1 January 2015.

References to the repealed Directive shall be construed as references to this Directive.

Article 29

Entry into force

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

Article 30

Addressees

This Directive is addressed to the Member States that have the inland waterways referred to in Article 1.

Done at

For the European Parliament For the Council

The President The President

LIST OF ANNEXES

Annex I List of Union inland waterways divided geographically into Zones 1, 2, 3 and 4

Annex II Minimum technical requirements applicable to craft on inland waterways of Zones 1, 2, 3 and 4

In Annex II, the following Chapter is inserted:

"CHAPTER 19ba

SPECIFIC REQUIREMENTS APPLICABLE TO VESSELS POWERED BY LIQUEFIED NATURAL GAS (LNG) (left void)" [Am. 14]

Annex III Subjects for possible additional technical requirements applicable to craft on inland waterways of Zones 1 and 2

Annex IV Subjects for possible reductions of the technical requirements applicable to craft on inland waterways of Zones 3 and 4

Annex V Model for Union inland navigation certificate

Annex VI Model for register of Union inland navigation certificates

Annex VII Classification societies

The annexes are not reproduced in full in this consolidated text. Please consult the Commission proposal COM(2013)0622, Parts 2 and 3.

(1) OJ C 177, 11.6.2014, p. 58. (2) OJ C 126, 26.4.2014, p. 48. (3) OJ C 177, 11.6.2014, p. 58. (4) OJ C 126, 26.4.2014, p. 48 (5) Position of the European Parliament of 15 April 2014. (6) Directive 2006/87/EC of the European Parliament and of the Council of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Council Directive 82/714/EEC (OJ L 389, 30.12.2006, p. 1). (7) Directive 2009/100/EC of the European Parliament and of the Council of 16 September 2009 on reciprocal recognition of navigability licences for inland waterway vessels (OJ L 259, 2.10.2009, p. 8). (8) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13). (9) Directive 2009/45/EC of the European Parliament and of the Council of 6 May 2009 on safety rules and standards for passenger ships (OJ L 163, 25.6.2009, p. 1.) (10) Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels, (OJ L 301, 28.10.1982, p.1), (Directive repealed by Directive 2006/87/EC). (11) Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ L 319, 12.12.1994, p. 20). (12) One year after the date of entry into force of this Directive. (13) Date of entry into force of this Directive. (14) 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 (OJ L 373, 31.12.1991, p. 29). (15) Three years after the date of entry into force of this Directive.

European Parliament legislative resolution of 15 April 2014 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (COM(2013)0796 – C7-0421/2013 – 2013/0410(COD))

P7_TA(2014)0344 A7-0241/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0796),

–  having regard to Article 294(2) and Articles 33 and 325 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0421/2013),

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

–  having regard to the opinion of the Court of Auditors of 25 February 2014(1),

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

–  having regard to the report of the Committee on the Internal Market and Consumer Protection (A7-0241/2014),

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 15 April 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council amending Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters

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 and 325 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 Court of Auditors(2),

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

Whereas:

(1)  In order to ensure that Council Regulation (EC) No 515/97(4) covers all possible movements of goods in relation to the customs territory of the Union, it is appropriate to clarify the definition of customs legislation with regard to the concepts of entry and exit of goods.

(2)  With a view to further enhancing administrative and criminal procedures for dealing with irregularities, it is necessary to ensure that evidence obtained through mutual assistance can be considered as admissible in proceedings before the administrative and judicial authorities of the Member State of the applicant authority.

(3)  The Commission Communication of 8 January 2013 on Customs Risk Management and Security of the Supply Chain recognises an urgent need to improve the quality and availability of data for use in pre-arrival risk analysis, in particular for the effective identification and mitigation of safety and security risks at national and Union levels, within the Common Risk Management Framework established under Article 13(2) of Council Regulation (EEC) No 2913/92(5). The integration of data on container movements in pre-arrival risk management will greatly improve supply chain visibility and will significantly enhance the capacity of the Union and the Member States to target higher-risk consignments for controls, while facilitating the flow of legitimate trade.

(4)  With a view to increasing clarity, consistency, effectiveness, coherence and transparency, it is necessary to define in more concrete terms the authorities which should have access to the directories established on the basis of Regulation (EC) No 515/97; for that purpose a uniform reference to competent authorities will be established. [Am. 1]

(5)  Data concerning container movements make it possible to identify fraud and risk trends with regard to goods that are moved in and out of the customs territory of the Union. Such data serve to assist in preventing, investigating and prosecuting operations which are or appear to constitute breaches of customs legislation, and to assist the competent authorities in managing customs risks defined in point 25 of Article 4 of Regulation (EEC) No 2913/92. In order to collect and use a set of data as complete as possible, while avoiding potential negative impacts on small and medium-sized enterprises in the freight forwarding sector, it is necessary that public or private sector providers active in the international supply chain submit to the Commission data concerning container movements in so far as they collect such data in electronic formats via their equipment tracking systems or have access to such data.

(5a)  The information obtained from the Commission's impact assessment of 25 November 2013 on the amendment of Regulation (EC) No 515/97 in relation to the scale of the problem shows that fraud resulting from false declaration of origin alone may amount to a yearly loss of as much as EUR 100 million for the EU27. In 2011, Member States reported 1 905 cases of detected fraud and other irregularities relating to misdescription of goods amounting to damage of EUR 107,7 million. That figure covers only damage detected by the Member States and the Commission. The actual scale of the problem is substantially higher, since no information is available on an estimated 30 000 cases of potential fraud. [Am. 2]

(5b)  In order to ensure a high level of consumer protection, the Union has a duty to combat customs fraud and thus contribute to the internal market's objective of having safe products with genuine certificates of origin. [Am. 3]

(6)  Given the increase in the scale of customs fraud, it is crucial to increase detection and prevention simultaneously at national and Union level. The detection of fraud, identification of risk trends and the implementation of effective risk management procedures depend significantly on the identification and cross-analysis of relevant operational data sets. It is necessary therefore to establish, at European Union level, a directory containing data on import, export and transit of goods including transit of goods within the Member States and direct export. For that purpose, Member States should allow systematic replication of data on import export and transit of goods from the systems operated by the Commission and should supply to the Commission data relating to transit of goods within a Member State and direct export at the earliest possible date. Each year, the Commission should submit the results obtained from that directory to the European Parliament and to the Council. By …(6), the Commission should carry out assessments in order to appraise the feasibility of extending the data contained in the directory by including data on import and transit of goods by land and air and the necessity of extending the data contained in the directory by including data on export. [Am. 4]

(7)  For the implementation of Article 18b of Regulation (EC) No 515/97, the Commission has created a number of technical systems enabling the provision of technical assistance, training or communication activity and other operational activity to the Member States. Those technical systems need to be explicitly referred to in that Regulation and covered by data protection requirements.

(8)  The introduction of in 2011 of e-Customs, by which documents supporting imports and exports are no longer kept by the customs administrations but by the economic operators, has led to delays in the conduct of European Anti-fraud Office (OLAF) investigations in the customs area, as OLAF needs the intermediation of these administrations to obtain such documents. Moreover, the three-year limitation period applicable to customs documents held by the administration, puts additional constraints to the successful conduct of investigations. In order to accelerate the conduct of investigations in the area of customs the Commission should therefore, in certain circumstances and following prior notification to the Member States, have the right to request documents supporting import and export declarations directly from the economic operators concerned. The economic operators concerned should be informed which type of procedure applies. Those economic operators should be obliged to provide the Commission with the requested documents in good time, following advance notification by the Commission to the Member States. [Am. 5]

(9)  In order to ensure confidentiality and greater security of the inserted data, provision should be made for limiting access to inserted data to specific users and for defined purposes only. [Am. 6]

(10)  In order to ensure up-to-date information and to secure the transparency and information right of data subjects as enshrined in Regulation (EC) No 45/2001 of the European Parliament and of the Council(7) and Directive 95/46/EC of the European Parliament and of the Council(8), the possibility of publishing on the internet updates of the lists of competent authorities designated by the Member States and the Commission departments to have access to the Customs Information System (CIS) should be introduced.

(11)  Regulation (EC) No 45/2001 applies to the processing of personal data by Union institutions, bodies, offices and agencies.

(12)  In order to improve consistency of data protection supervision, the European Data Protection Supervisor needs to cooperate closely with the Joint Supervisory Authority established under Council Decision 2009/917/JHA(9), with a view to achieving coordination of the audits of the CIS.

(13)  The provisions governing the storage of data in the CIS frequently result in unjustifiable loss of information; this is because Member States do not systematically carry out the yearly reviews due to the administrative burden involved and the lack of appropriate resources, particularly human resources. It is therefore necessary to simplify the procedure governing the storage retention of data in the CIS by removing the obligation to review data annually and by setting a maximum retention period of 10 years, corresponding to periods provided for the directories established on the basis of this Regulation. However, this should not apply to the limitation period, as laid down in Article 221(3) of Regulation (EEC) No 2913/92. The retention period is necessary due to the long procedures for processing irregularities and because these data are needed for the conduct of joint customs operations and of investigations. Furthermore, to safeguard the rules governing data protection, the European Data Protection Supervisor should be informed about cases where personal data are stored in CIS for a period exceeding five years. [Am. 7]

(14)  In order to further enhance the possibilities for analysis of fraud and facilitate the conduct of investigations, data concerning current investigation files stored in the Files Identification Database (FIDE) should be rendered anonymous, after one year since the last observation, and retained in a form in which identification of the data subject is no longer possible.

(15)  Since the objectives of enhancing customs risk management as defined in points 25 and 26 of Article 4 and Article 13(2) of Regulation (EEC) No 2913/92 laying down the Community Customs Code, and of improving detection, investigation and prevention of customs-related fraud in the Union, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives.

(16)  Public or private service providers active in the international supply chain who, at the time of the entry into force of this Regulation, are bound by private contract obligations as regards the supply of data on container movements, should be entitled to benefit from a deferred application of Article 18c in order to renegotiate their contracts and ensure that future contracts are compatible with the obligation to provide data to the Commission.

(17)  Regulation (EC) No 515/97 confers powers on the Commission to implement some of the provisions of that Regulation; as a consequence of the entry into force of the Treaty of Lisbon, the powers conferred on the Commission under that Regulation need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU).

(18)  In order to supplement certain non-essential elements of Regulation (EC) No 515/97 and in particular to create a streamlined and structured directory of CSMs, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the events for which CSMs should be reported, the minimum data elements to be reported in CSMs and the frequency of reporting.

(19)  In order to supplement certain non-essential elements of Regulation (EC) No 515/97 and in particular to specify the information to be inserted into the CIS, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of determining the operations concerning the application of agricultural legislation for which information has to be introduced into the central database of the CIS.

(20)  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(21)  In order to ensure uniform conditions for implementation of Regulation (EC) No 515/97, implementing powers should be conferred on the Commission in respect of the format of the data and method of transmission of CSMs. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(10). The examination procedure should be used for the adoption of implementing acts.

(22)  In order to ensure uniform conditions for implementation of Regulation (EC) No 515/97, implementing powers should be conferred on the Commission in respect of the specific elements to be included in the CIS under each of the categories referred to under items (a) to (h) in Article 24. Those powers should be exercised in accordance with Regulation (EU) No 182/2011. The examination procedure should be used for the adoption of implementing acts. The specific elements to be included in the CIS will be based on those listed in the Annex to the Commission Regulation (EC) No 696/98(11).

(23)  The European Data Protection Supervisor has been consulted and issued an opinion on 11 March 2014,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 515/97 is amended as follows:

1.  In Article 2, paragraph 1 is amended as follows:

(a)  The first indent is replaced by the following:"

‘― ‘customs legislation’ means the body of Union provisions and the associated delegated and implementing acts governing the entry, exit, import, export, transit and presence of goods traded between Member States and third countries, and between Member States in the case of goods that do not have Union status within the meaning of Article 28(2) of the Treaty on the Functioning of the European Union (TFEU) or goods subject to additional controls or investigations for the purposes of establishing their Union status,’

(b)  The following indent is added:"

‘―‘public or private service providers active in the international supply chain' means owners, shippers, consignees, freight forwarders, carriers, producers and other involved intermediaries or persons involved in the international supply chain.’ [Am. 8]

2.  Article 12 is replaced by the following:"

‘Documents, certified true copies of documents, attestations, all instruments official acts or decisions which emanate from the administrative authorities, reports, and any other intelligence obtained by the staff of the requested authority and communicated to the applicant authority in the course of the assistance provided for in Articles 4 to 11 may constitute admissible evidence in administrative and judicial proceedings of the applicant Member State in the same way as if they had been obtained in the Member State where the proceedings take place.’ [Am. 9]

2a.  The following Article is inserted:"

'Article 16a

Documents, certified true copies of documents, attestations, all instruments or decisions which emanate from the administrative authorities, reports, and any other intelligence obtained by staff of one Member State and communicated to another Member State in the course of the assistance provided for in Articles 13 to 15 may constitute admissible evidence in administrative and judicial proceedings of the Member State receiving the information in the same way as if they had been obtained in the Member State where the proceedings take place.' [Am. 10]

2b.  In the first subparagraph of Article 18(1), the following indent is added:"

'– breaches of customs legislation above a threshold set by the Commission.' [Am. 11]

2c.  The concluding phrase of the first subparagraph of Article 18(1) is replaced by the following:"

'they shall communicate to the Commission as soon as possible, but in any event not later than within three weeks, either on their own initiative or in response to a reasoned request from the Commission, any relevant information, be it in the form of documents or copies or extracts thereof, needed to determine the facts so that the Commission may coordinate the steps taken by the Member States.' [Am. 12]

2d.  The first subparagraph of Article 18(4) is replaced by the following:"

"4. Where the Commission considers that irregularities have taken place in one or more Member States, it shall inform the Member State or Member States concerned thereof and that Member State or those Member States shall at the earliest opportunity but in any event not later than three weeks after the information was received carry out an enquiry, at which Commission officials may be present under the conditions laid down in Articles 9 (2) and 11 of this Regulation." [Am. 13]

3.  Article 18a is amended as follows:

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

‘1. Without prejudice to the competences of the Member States, for the purpose of risk management as set out in Article 4, points 25 and 26, and Article 13(2) of Regulation (EEC) No 2913/92, and with a view to assisting the authorities referred to in Article 29 to detect movements of goods that are the object of operations in potential breach of customs and agricultural legislation and means of transport, including containers, used for that purpose, the Commission shall establish and manage a directory of data received from public or private service providers active in the international supply chain. That directory shall be directly accessible to those authorities. They shall ensure that the information regarding the interests of Member States’ service providers contained in that directory shall be used only for the purposes of this Regulation.’ [Am. 14]

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

____________________

* 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).’

(c)  The following paragraphs 5 and 6 are paragraph is added:"

‘5. The European Data Protection Supervisor shall supervise compliance of this directory with Regulation (EC) No 45/2001.

The Commission 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. [Am. 16]

6.  Without prejudice to Regulation (EC) No 45/2001, The Commission may transfer, subject to the agreement of the public or private service providers active in the international supply chain, data referred to in Article 18a(3) to international organisations and/or EU institutions/agencies including the World Customs Organisation, the International Maritime Organisation, the International Civil Aviation Organisation and the International Air Transport Association, as well as Europol, which contribute to the protection of the financial interests of the Union and correct application of customs legislation with which the Commission concluded a relevant arrangement or memorandum of understanding. [Am. 17]

Data shall be transferred under this paragraph only for the general purposes of this Regulation also including the protection of the financial interests of the Union, and/or for the purpose of risk management as set out in points 25 and 26 of Article 4 and Article 13(2) of Council Regulation (EEC) No 2913/92*. [Am. 18]

The arrangement or memorandum of understanding based on which the transfer of data may take place under this paragraph shall include, inter alia, respect data protection principles such as, the possibility for data subjects to exercise their rights of access and correction and to seek administrative and judicial redress, as well as an independent oversight mechanism to ensure compliance with the data protection safeguards. [Am. 19]

Data received from public or private service providers active in the international supply chain shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than ten years. If personal data are stored for a period exceeding five years, the European Data Protection Supervisor shall be informed accordingly.

The Commission shall be empowered to adopt delegated acts in accordance with Article 43 in order to amend the list of international organisations and/or Union institutions/agencies which contribute to the protection of the financial interests of the Union and the correct application of customs legislation. [Am. 20]

The Commission shall consult business representatives regarding the development of delegated acts referred to in Article 18a(6). [Am. 21]

________

* Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1)."

4.  Article 18b is amended as follows:

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

‘2. The Commission may make shall ensure that expertise, technical or logistical assistance, training or communication activity or any other operational support available to the Member States both for the achievement of the objectives of this Regulation and in the performance of Member States’ duties in the framework of the implementation of the customs cooperation provided for by Article 87 TFEU. For that purpose, the Commission shall establish appropriate technical systems.’ [Am. 22]

(b)  The following paragraph 3 is added:"

‘3. The European Data Protection Supervisor shall supervise compliance of all the technical systems provided under this Article with Regulation (EC) No 45/2001.’ [Am. 23]

5.  The following Articles are inserted:"

‘Article 18c

1.  The public or private service providers active in the international supply chain referred to in Article 18a(1) Maritime carriers that store data on the movement and status of containers or have access to such data shall report to the Commission Container Status Messages (‘CSMs’). [Am. 24]

2.  The required CSMs shall be reported in either of the following situations: for containers destined to be brought by vessel into the customs territory of the Union from a third country.

3.  The required CSMs shall report the events referred to in Article 18f insofar as they are known to the reporting public or private service provider active in the international supply chain and for which the data have been generated or collected in the electronic container tracking equipment. [Am. 27]

4.  The Commission shall establish and manage a directory of reported CSMs, (the ‘CSM directory’). The CSM directory shall form part of the directory referred to in Article 18a and shall not contain personal data. [Am. 28]

Article18d

1.  Where a container, including containers which will not be discharged in the Union, is destined to be brought by vessel into the customs territory of the Union from a third country, the public or private service providers that are subject to the obligation in Article 18c(1) shall report CSMs for all events taking place from the moment when the container was reported empty before being brought into the customs territory of the Union until the container is again reported empty.

2.  In cases where the specific CSMs needed to identify the relevant empty container events are not available in the provider’s electronic records in any given case, the provider shall report CSMs for events taking place at least three months prior to physical arrival at the customs territory of the Union until one month after the entry into the customs territory of the Union or until arrival at a destination outside the customs territory of the Union, whichever is sooner.

Article 18e

1.  Where a container is leaving the customs territory of the Union to a third country by vessel, the public or private service providers that are subject to the obligation in Article 18c(1) shall report CSMs for all events taking place from the moment when the container was reported empty in the customs territory of the Union until the container is reported to be empty outside the customs territory of the Union.

2.  In cases where the specific CSMs needed to identify the relevant empty container events are not available in the provider’s electronic records in any given case, the provider may report CSMs for events taking place during at least three months after exit from the customs territory of the Union.

Article 18f

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 43 laying down the container status events for which CSMs are to be reported in accordance with Article 18c, the minimum data elements to be reported in the CSMs and the frequency of reporting.

2.  The Commission shall adopt, by means of implementing acts, provisions regarding the format of the data in the CSMs and the method of transmission of the CSMs, and regarding obligations that may pertain to containers that are brought into the Union due to diversions. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43a(2). [Am. 29]

2a.  Pursuant to Article 18a(1), the Commission shall establish by means of an implementing act the means by which the agreement of service providers shall be obtained prior to the transferral of their filed CSMs to other organisations or bodies. [Am. 30]

2b.  The Commission is urged to consult closely with business representatives of the container liner shipping industry concerning the preparation of the delegated and implementing acts referred to in this Article. They may be invited to participate in the relevant committee meetings and expert groups that are to be used to develop such acts. [Am. 31]

Article 18g

1.  The Commission shall establish and manage a directory containing data on import, export and transit of goods, including transit within a Member State, as set out in Annexes 37 and 38 of Commission Regulation (EEC) No 2454/93*, (the "import, export, transit directory"). The Member States shall authorise the Commission to systematically replicate data relating to import, export and transit from the sources operated by the Commission on the basis of Regulation (EEC) No 2913/92. The Member States shall, at the earliest possible date, supply to the Commission data concerning the transit of goods within a Member State and direct export. Information provided on natural and legal persons shall be used for the purposes of this Regulation only. [Am. 32]

2.  The import, export, transit directory shall be used to assist in preventing, investigating and prosecuting operations which are, or appear to constitute, breaches of customs legislation and for the purpose of risk management including risk-based customs controls as defined in points 25 and 26 of Article 4, and Article 13(2) of Regulation (EEC) No 2913/92.

3.  The import, export, transit directory shall be accessible exclusively to the Commission departments and to the national authorities referred to in Article 29. Within the Commission and national authorities, only designated analysts shall be empowered to process personal data contained in that directory.

Without prejudice to Regulation (EC) No 45/2001, the Commission may transfer, subject to the agreement of the supplying Member State, selected data obtained in accordance with the procedure specified in paragraph 1 to international organisations and/or EU institutions/agencies including the World Customs Organisation, the International Maritime Organisation, the International Civil Aviation Organisation and the International Air Transport Association, as well as Europol, which contribute to the protection of the financial interests of the Union and correct application of customs legislation and with which the Commission concluded a relevant arrangement or memorandum of understanding. [Am. 33]

Data shall be transferred under this paragraph only for the general purposes of this Regulation also including the protection of the financial interests of the Union, and/or for the purpose of risk management as set out in points 25 and 26 of Article 4 and Article 13(2) of Regulation (EEC) No 2913/92.

The arrangement or memorandum of understanding based on which the transfer of data may take place under this paragraph shall include, inter alia, data protection principles such as the possibility for data subjects to exercise their rights of access and correction and to seek administrative and judicial redress, as well as an independent oversight mechanism to ensure compliance with the data protection safeguards.

3a.  The Commission shall present, on an annual basis, the results provided by the import, export, transit directory to the European Parliament and the Council, pursuant to Article 51a. [Am. 34]

4.  Regulation (EC) No 45/2001 shall apply to the processing of personal data by the Commission in the context of data included in this directory. [Am. 35]

The Commission shall be considered as data controller within the meaning of Article 2(d) of Regulation (EC) No 45/2001.

The import, export, transit directory shall be subject to prior checking by the European Data Protection Supervisor in accordance with Article 27 of Regulation (EC) No 45/2001. [Am. 36]

Data contained in the import, export, transit directory shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than ten years. If personal data are stored for a period exceeding five years, the European Data Protection Supervisor shall be informed accordingly.

5.  The import, export, transit directory shall not include the special categories of data within the meaning of Article 10(5) of Regulation (EC) No 45/2001.

The Commission 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. [Am. 37]

Article 18h

1.  The Commission may, following a request to a Member State as referred to in paragraph 1a of this Regulation and in accordance with Article 14 of Regulation (EEC) No 2913/92, obtain directly from the economic operators documents supporting import and export transit declarations and for which supporting documents have been generated or collected by the economic operators, with respect to investigations related to the implementation of customs legislation as defined in Article 2(1) of this Regulation with either the explicit authorisation of a Member State or with the tacit authorisation specified in 18h(1b) of this Regulation. The Commission shall notify all Member States likely to be involved in a subsequent enquiry of the request in parallel with the request being made. The Commission shall provide the Member State where the economic operator is established with a copy of the request in parallel with the request being made. The Commission shall provide copies of the response and of the supporting documents from the economic operator to the Member State where the economic operator is established within one week of receipt of a response. [Am. 38]

1a.  Following a request from the Commission to a Member State for documents supporting an import or transit declaration, the Member State shall, in accordance with Article 14 of Regulation (EEC) No 2913/92, have three weeks within which to either:

1b.  If the Member State does not:

it shall be considered to have given its tacit authorisation for the Commission to request documents supporting an import or transit declaration directly from the economic operator. [Am. 40]

2.  Within the time limits obliging economic operators to maintain the relevant documentation, economic operators shall provide the Commission upon request with the information mentioned in paragraph 1 within three weeks. [Am. 41]

____________________________

* Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1)."

5a.  Article 21(1) is replaced by the following:"

‘1. The findings and information obtained in the course of the Community missions referred to in Article 20 of this Regulation, and in particular documents passed on by the competent authorities of the third countries concerned, as well as the information obtained during the course of an administrative enquiry, including by the Commission’s services, shall be handled in accordance with Article 45 of this Regulation.’ [Am. 42]

6.  In Article 23, paragraph 4 is replaced by the following:"

‘4. The Commission shall be empowered to adopt delegated acts in accordance with Article 43 determining those operations in connection with the application of agricultural regulations which require the introduction of information into the CIS.’

7.  In Article 25, paragraph 1 is replaced by the following:"

‘1. The Commission shall adopt, by means of implementing acts, provisions regarding the items to be included in the CIS relating to each of the categories referred to in Article 24(a) to (h) to the extent that this is necessary to achieve the aim of the System. Personal data may not appear in the category referred to in Article 24(e). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43a(2).’

8.  Article 29 is amended as follows:

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

‘1. Access to data included in the CIS shall be reserved exclusively for the national authorities designated by each Member State and the departments designated by the Commission. Those national authorities shall be customs administrations but may also include other authorities competent, according to the laws, regulations and procedures of the Member State in question, to act in order to achieve the aim stated in Article 23(2). [Am. 43]

The supplying CIS partner shall have the right to determine which among those national authorities mentioned above may have access to data that it has included in the CIS.’

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

‘2. Each Member State shall send the Commission a list of its designated competent national authorities which have access to the CIS stating, for each authority, to which data it may have access and for what purposes.

The Commission shall inform the other Member States accordingly. It shall also verify the list of the designated national authorities against disproportionate designations and inform all the Member States of the corresponding details concerning the Commission departments authorised to have access to the CIS.

The list of national authorities and Commission departments thus designated shall be published for information by the Commission in the Official Journal of the European Union and subsequent updates to the list shall be made public by the Commission on the internet.’

9.  In Article 30(3), the third subparagraph is replaced by the following:"

‘The list of the authorities or departments thus designated shall be made public by the Commission on the internet.’

9a.  In Article 30, paragraph 4 is replaced by the following:"

‘4. Data obtained from the CIS may, with the prior authorization of, and subject to any conditions imposed by, the Member State which included them in the System, be communicated for use by national authorities other than those referred to in paragraph 2, third countries and international or regional organizations and/or Union agencies which contribute to the protection of the financial interests of the Union and correct application of customs legislation. Each Member State shall take special measures to ensure the security of such data when they are being transmitted or supplied to departments located outside its territory.

The provisions referred to in the first subparagraph shall apply mutatis mutandis to the Commission where it has entered the data in the System.’ [Am. 44]

10.  The title of Chapter 4 is replaced by the following:"

‘Chapter 4

Storage of data’.

11.  Article 33 is replaced by the following:"

‘Article 33

Data included in the CIS shall be kept only for the time necessary to achieve the purpose for which they were introduced and may not be stored for more than ten years. If personal data are stored for a period exceeding five years, the European Data Protection Supervisor shall be informed accordingly.’ [Am. 45]

12.  Article 37 is amended as follows:

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

‘3a. This Regulation particularises and complements Regulation (EC) No 45/2001.

The European Data Protection Supervisor shall supervise compliance of the CIS with Regulation (EC) No 45/2001.’

(b)  The following paragraph is added:"

‘5. The European Data Protection Supervisor shall co-ordinate with the Joint Supervisory Authority, established under Council Decision 2009/917/JHA*, each acting within the scope of their respective competence, with a view to ensuring coordinated supervision and audits of the CIS.

__________________________

* Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposes (OJ L 323, 10.12.2009, p. 20).’

13.  Article 38 is amended as follows:

(a)  In paragraph 1, point b is deleted.

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

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

‘3. The Commission shall verify that the searches carried out were authorized and were carried out by authorised users. At least 1 % of all searches made shall be verified. The level of verification shall depend on the extent of the area to be verified, the severity of the infringement and expected amount of revenue affected, but shall always be equal to 1 % or more of searches made. A record of such searches and verifications shall be entered into the system and shall be used only for the said verifications. It shall be deleted after six months.’ [Am. 46]

14.  Article 41d is amended as follows:

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

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

‘3. The Commission shall anonymise make anonymous or delete the data as soon as the maximum storage period provided for in paragraph 1 has elapsed.’ [Am. 48]

15.  Article 43 is replaced by the following:"

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

2.  The power to adopt delegated acts referred to in Articles Article 18a(6), Article 18f(1)), Article 18g(3) and Article 23(4) shall be conferred on the Commission for an indeterminate period of time from [dd/mm/yyyy] [insert date of entry into force of this Regulation] …(12). [Am. 49]

3.  The power to adopt delegated acts referred to in Articles Article 18a(6), Article 18f(1), Article 18g(3) and Article 23(4) 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 on the day following 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. [Am. 50]

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 Article 18a(6), Article 18f(1), Article 18g(3) and Article 23(4) shall enter into force only if no objection has been expressed by either the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’ [Am. 51]

16.  The following article is inserted:"

‘Article 43a

1.  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

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

________________________

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

Article 1a

By …(13), the Commission shall carry out an assessment of:

–  the necessity of extending the data contained in the directory referred in Article 18a of Regulation (EC) No 515/97 by including data on export, and

–  the feasibility of extending the data contained in the directory referred in Article 18a of Regulation (EC) No 515/97 by including data on import and transit of goods by land and air. [Am. 52]

Article 2

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

For public or private service providers who, at the time of the entry into force of this Regulation, are bound by private contracts that prevent them from fulfilling their obligation stipulated in Article 18c(1) of Regulation (EC) No 515/97, this shall take effect no earlier than one year after the Regulation has entered required delegated and implementing acts referred to in Articles 18f(1)and 18f(2) of Regulation (EC) No 515/97 enter into force. [Am. 53]

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

Done at …,

For the European Parliament For the Council

The President The President

(1) OJ C 94, 31.3.2014, p. 1. (2) OJ C 94, 31.3.2014, p. 1. (3) Position of the European Parliament of 15 April 2014. (4) Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1). (5) Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1). (6) Two years after the entry into force of this Regulation. (7) 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). (8) 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). (9) Council Decision 2009/917/JHA of 30 November 2009 on the use of information technology for customs purposes (OJ L 323, 10.12.2009, p. 20). (10) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011. p. 13). (11) Commission Regulation (EC) No 696/98 of 27 March 1998 implementing Council Regulation (EC) No 515/97 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 96, 28.3.1998, p. 22). (12) Date of entry into force of this Regulation. (13) Two years after the date of entry into force of this Regulation.

European Parliament legislative resolution of 15 April 2014 on the amended proposal for a directive of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codified text) (COM(2013)0932 – C7-0006/2014 – 2010/0095(COD))

P7_TA(2014)0345 A7-0247/2014

(Ordinary legislative procedure – codification)

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0179) and the amended proposal (COM(2013)0932),

–  having regard to Article 294(2) and Articles 114, 337 and 43 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0006/2014),

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

–  having regard to the opinions of the European Economic and Social Committee(1);

–  having regard to the Interinstitutional Agreement of 20 December 1994 - Accelerated working method for official codification of legislative texts(2),

–  having regard to Rules 86 and 55 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A7-0247/2014),

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 contains a straightforward codification of the existing texts without any change in their substance;

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

2.  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 15 April 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services  (codification)

(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 Articles 114, 337 and 43 thereof,

Having regard to the proposal from the European Commission,

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

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

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

Whereas:

(1)  Directive 98/34/EC of the European Parliament and of the Council(5) has been substantially amended several times(6). In the interests of clarity and rationality the said Directive should be codified.

(2)  The internal market comprises an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. Therefore, the prohibition of quantitative restrictions on the movement of goods and of measures having an equivalent effect is one of the basic principles of the Union.

(3)  In order to promote the smooth functioning of the internal market, as much transparency as possible should be ensured as regards national initiatives for the establishment of technical regulations.

(4)  Barriers to trade resulting from technical regulations relating to products may be allowed only where they are necessary in order to meet essential requirements and have an objective in the public interest of which they constitute the main guarantee.

(5)  It is essential for the Commission to have the necessary information at its disposal before the adoption of technical provisions. Consequently, the Member States which are required to facilitate the achievement of its task pursuant to Article 4(3) of the Treaty on European Union (TEU) must notify it of their projects in the field of technical regulations.

(6)  All the Member States must also be informed of the technical regulations contemplated by any one Member State.

(7)  The aim of the internal market is to create an environment that is conducive to the competitiveness of undertakings. Increased provision of information is one way of helping undertakings to make more of the advantages inherent in this market. It is therefore necessary to enable economic operators to give their assessment of the impact of the national technical regulations proposed by other Member States, by providing for the regular publication of the titles of notified drafts and by means of the provisions relating to the confidentiality of such drafts.

(8)  It is appropriate, in the interests of legal certainty, that Member States publicly announce that a national technical regulation has been adopted in accordance with the formalities laid down in this Directive.

(9)  As far as technical regulations for products are concerned, the measures designed to ensure the proper functioning or the continued development of the market include greater transparency of national intentions and a broadening of the criteria and conditions for assessing the potential effect of the proposed regulations on the market.

(10)  It is therefore necessary to assess all the requirements laid down in respect of a product and to take account of developments in national practices for the regulation of products.

(11)  Requirements, other than technical specifications, referring to the life cycle of a product after it has been placed on the market are liable to affect the free movement of that product or to create obstacles to the proper functioning of the internal market.

(12)  It is necessary to clarify the concept of a de facto technical regulation. In particular, the provisions by which the public authority refers to technical specifications or other requirements, or encourages the observance thereof, and the provisions referring to products with which the public authority is associated, in the public interest, have the effect of conferring on such requirements or specifications a more binding value than they would otherwise have by virtue of their private origin.

(13)  The Commission and the Member States must also be allowed sufficient time in which to propose amendments to a contemplated measure, in order to remove or reduce any barriers which it might create to the free movement of goods.

(14)  The Member State concerned must take account of these amendments when formulating the definitive text of the measure envisaged.

(15)  It is inherent in the internal market that, in particular where the principle of mutual recognition cannot be implemented by the Member States, the Commission adopts or proposes the adoption of binding acts. A specific temporary standstill period has been established in order to prevent the introduction of national measures from compromising the adoption of binding acts by  the European Parliament and  the Council or  by  the Commission in the same field.

(16)  The Member State in question must, pursuant to the general obligations laid down in Article 4(3) of the TEU, defer implementation of the contemplated measure for a period sufficient to allow either a joint examination of the proposed amendments or the preparation of a proposal for a  legislative  act or the adoption of a binding act of the Commission.

(17)  With a view to facilitating the adoption of measures  by the European Parliament and the Council  , Member States should refrain from adopting technical regulations once the Council has adopted a position  at first reading  on a Commission proposal concerning that sector.

(18)  It is necessary to  envisage  a Standing Committee, the members of which  are  appointed by the Member States, with the task of cooperating in  the  efforts  of the Commission  to lessen any adverse effects on the free movement of goods.

(19)  This Directive  should be without prejudice to  the obligations of the Member States  relating to the time-limits  for  the  transposition  into  national law of the directives set out in Annex III, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

1.  For the purposes of this Directive, the following meanings shall apply:

(a)  ‘product’, any industrially manufactured product and any agricultural product, including fish products;

(b)  ‘service’, any Information Society service, that is to say, any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services.

For the purposes of this definition:

(i)  ‘at a distance’ means that the service is provided without the parties being simultaneously present,

(ii)  ‘by electronic means’ means that the service is sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means,

(iii)  ‘at the individual request of a recipient of services’ means that the service is provided through the transmission of data on individual request.

An indicative list of services not covered by this definition is set out in Annex I;

(c)  ‘technical specification’, a specification contained in a document which lays down the characteristics required of a product such as levels of quality, performance, safety or dimensions, including the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures.

The term ‘technical specification’ also covers production methods and processes used in respect of agricultural products as referred to Article 38(1), second subparagraph of the TFEU, products intended for human and animal consumption, and medicinal products as defined in Article 1 of Directive  2001/83/EC of the European Parliament and of the Council(7), as well as production methods and processes relating to other products, where these have an effect on their characteristics;

(d)  ‘other requirements’, a requirement, other than a technical specification, imposed on a product for the purpose of protecting, in particular, consumers or the environment, and which affects its life cycle after it has been placed on the market, such as conditions of use, recycling, reuse or disposal, where such conditions can significantly influence the composition or nature of the product or its marketing;

(e)  ‘rule on services’, requirement of a general nature relating to the taking-up and pursuit of service activities within the meaning of point (b), in particular provisions concerning the service provider, the services and the recipient of services, excluding any rules which are not specifically aimed at the services defined in that point.

For the purposes of this definition:

(i)  a rule shall be considered to be specifically aimed at Information Society services where, having regard to its statement of reasons and its operative part, the specific aim and object of all or some of its individual provisions is to regulate such services in an explicit and targeted manner,

(ii)  a rule shall not be considered to be specifically aimed at Information Society services if it affects such services only in an implicit or incidental manner;

(f)  ‘technical regulation’, technical specifications and other requirements or rules on services, including the relevant administrative provisions, the observance of which is compulsory, de jure or de facto, in the case of marketing, provision of a service, establishment of a service operator or use in a Member State or a major part thereof, as well as laws, regulations or administrative provisions of Member States, except those provided for in Article 7, prohibiting the manufacture, importation, marketing or use of a product or prohibiting the provision or use of a service, or establishment as a service provider.

De facto technical regulations include:

(i)  laws, regulations or administrative provisions of a Member State which refer either to technical specifications or to other requirements or to rules on services, or to professional codes or codes of practice which in turn refer to technical specifications or to other requirements or to rules on services, compliance with which confers a presumption of conformity with the obligations imposed by the aforementioned laws, regulations or administrative provisions,

(ii)  voluntary agreements to which a public authority is a contracting party and which provide, in the general interest, for compliance with technical specifications or other requirements or rules on services, excluding public procurement tender specifications,

(iii)  technical specifications or other requirements or rules on services which are linked to fiscal or financial measures affecting the consumption of products or services by encouraging compliance with such technical specifications or other requirements or rules on services; technical specifications or other requirements or rules on services linked to national social security systems are not included.

This comprises technical regulations imposed by the authorities designated by the Member States and appearing on a list  drawn up and updated, where appropriate  by the Commission before, in the framework of the Committee referred to in Article 2.

The same procedure shall be used for amending this list;

(g)  ‘draft technical regulation’, the text of a technical specification or other requirement or of a rule on services, including administrative provisions, formulated with the aim of enacting it or of ultimately having it enacted as a technical regulation, the text being at a stage of preparation at which substantial amendments can still be made.

2.  This Directive shall not apply to:

(a)  radio broadcasting services;

(b)  television broadcasting services covered  by point (e) of Article 1(1) of Directive 2010/13/EU of the European Parliament and of the Council(8).

3.  This Directive shall not apply to rules relating to matters which are covered by Union legislation in the field of telecommunications services, as covered by Directive 2002/21/EC of the European Parliament and of the Council(9).

4.  This Directive shall not apply to rules relating to matters which are covered by Union legislation in the field of financial services, as listed non-exhaustively in Annex II to this Directive.

5.  With the exception of Article 5(3), this Directive shall not apply to rules enacted by or for regulated markets within the meaning of Directive 2004/39/EC of the European Parliament and of the Council(10) or by or for other markets or bodies carrying out clearing or settlement functions for those markets.

6.  This Directive shall not apply to those measures Member States consider necessary under the Treaties for the protection of persons, in particular workers, when products are used, provided that such measures do not affect the products.

Article 2

A Standing Committee shall be set up consisting of representatives appointed by the Member States who may call on the assistance of experts or advisers; its chairman shall be a representative of the Commission.

The Committee shall draw up its own rules of procedure.

Article 3

1.  The Committee shall meet at least twice a year.

The Committee shall meet in a specific composition to examine questions concerning Information Society services.

2.  The Commission shall submit to the Committee a report on the implementation and application of the procedures set out in this Directive, and shall present proposals aimed at eliminating existing or foreseeable barriers to trade.

3.  The Committee shall express its opinion on the communications and proposals referred to in paragraph 2 and may in this connection propose, in particular, that the Commission:

(a)  ensure where necessary, in order to avoid the risk of barriers to trade, that initially the Member States concerned decide amongst themselves on appropriate measures;

(b)  take all appropriate measures;

(c)  identify the areas where harmonisation appears necessary, and, should the case arise, undertake appropriate harmonisation in a given sector.

4.  The Committee must be consulted by the Commission:

(a)  when deciding on the actual system whereby the exchange of information provided for in this Directive is to be effected and on any change to it;

(b)  when reviewing the operation of the system provided for in this Directive.

5.  The Committee may be consulted by the Commission on any preliminary draft technical regulation received by the latter.

6.  Any question regarding the implementation of this Directive may be submitted to the Committee at the request of its chairman or of a Member State.

7.  The proceedings of the Committee and the information to be submitted to it shall be confidential.

However, the Committee and the national authorities may, provided that the necessary precautions are taken, consult, for an expert opinion, natural or legal persons, including persons in the private sector.

8.  With respect to rules on services, the Commission and the Committee may consult natural or legal persons from industry or academia, and where possible representative bodies, capable of delivering an expert opinion on the social and societal aims and consequences of any draft rule on services, and take notice of their advice whenever requested to do so.

Article 4

Member States shall communicate to the Commission, in accordance with Article 5(1), all requests made to standards institutions to draw up technical specifications or a standard for specific products for the purpose of enacting a technical regulation for such products as draft technical regulations, and shall state the grounds for their enactment.

Article 5

1.  Subject to Article 7, Member States shall immediately communicate to the Commission any draft technical regulation, except where it merely transposes the full text of an international or European standard, in which case information regarding the relevant standard shall suffice; they shall also let the Commission have a statement of the grounds which make the enactment of such a technical regulation necessary, where these have not already been made clear in the draft.

Where appropriate, and unless it has already been sent with a prior communication, Member States shall simultaneously communicate the text of the basic legislative or regulatory provisions principally and directly concerned, should knowledge of such text be necessary to assess the implications of the draft technical regulation.

Member States shall communicate the draft again under the conditions  set out in the first and second subparagraphs of this paragraph  if they make changes to the draft that have the effect of significantly altering its scope, shortening the timetable originally envisaged for implementation, adding specifications or requirements, or making the latter more restrictive.

 Without prejudice to the provisions of Title VIII of Regulation (EC) No 1907/2006 of the European Parliament and of the Council(11), where, in particular, the draft seeks to limit the marketing or use of a chemical substance, preparation or product on grounds of public health or of the protection of consumers or the environment, Member States shall also forward either a summary or the references of all relevant data relating to the substance, preparation or product concerned and to known and available substitutes, where such information may be available, and communicate the anticipated effects of the measure on public health and the protection of the consumer and the environment, together with an analysis of the risk carried out as appropriate in accordance with the principles provided for in the relevant part of Section II.3 of Annex XV to Regulation (EC) No 1907/2006.

The Commission shall immediately notify the other Member States of the draft and all documents which have been forwarded to it; it may also refer this draft, for an opinion, to the Committee referred to in Article 2 and, where appropriate, to the committee responsible for the field in question.

With respect to the technical specifications or other requirements or rules on services referred to in point (iii) of the second subparagraph of point (f) of Article 1(1), the comments or detailed opinions of the Commission or Member States may concern only aspects which may hinder trade or, in respect of rules on services, the free movement of services or the freedom of establishment of service operators and not the fiscal or financial aspects of the measure.

2.  The Commission and the Member States may make comments to the Member State which has forwarded a draft technical regulation; that Member State shall take such comments into account as far as possible in the subsequent preparation of the technical regulation.

3.  Member States shall communicate the definitive text of a technical regulation to the Commission without delay.

4.  Information supplied under this Article shall not be confidential except at the express request of the notifying Member State. Any such request shall be supported by reasons.

In cases of this kind, if necessary precautions are taken, the Committee referred to in Article 2 and the national authorities may seek expert advice from physical or legal persons in the private sector.

5.  When draft technical regulations form part of measures which are required to be communicated to the Commission at the draft stage under another Union act, Member States may make a communication within the meaning of paragraph 1 under that other act, provided that they formally indicate that the said communication also constitutes a communication for the purposes of this Directive.

The absence of a reaction from the Commission under this Directive to a draft technical regulation shall not prejudice any decision which might be taken under other Union acts.

Article 6

1.  Member States shall postpone the adoption of a draft technical regulation for three months from the date of receipt by the Commission of the communication referred to in Article 5(1).

2.  Member States shall postpone:

–  for four months the adoption of a draft technical regulation in the form of a voluntary agreement within the meaning of point (ii) of the second subparagraph of point (f) of Article 1(1),

–  without prejudice to paragraphs 3, 4 and 5, for six months the adoption of any other draft technical regulation (except for draft rules on services),

from the date of receipt by the Commission of the communication referred to in Article 5(1) if the Commission or another Member State delivers a detailed opinion, within three months of that date, to the effect that the measure envisaged may create obstacles to the free movement of goods within the internal market,

–  without prejudice to paragraphs 4 and 5, for four months the adoption of any draft rule on services, from the date of receipt by the Commission of the communication referred to in Article 5(1) if the Commission or another Member State delivers a detailed opinion, within three months of that date, to the effect that the measure envisaged may create obstacles to the free movement of services or to the freedom of establishment of service operators within the internal market.

With regard to draft rules on services, detailed opinions from the Commission or Member States may not affect any cultural policy measures, in particular in the audiovisual sphere, which Member States might adopt in accordance with the law of the Union, taking account of their linguistic diversity, their specific national and regional characteristics and their cultural heritage.

The Member State concerned shall report to the Commission on the action it proposes to take on such detailed opinions. The Commission shall comment on this reaction.

With respect to rules on services, the Member State concerned shall indicate, where appropriate, the reasons why the detailed opinions cannot be taken into account.

3.  With the exclusion of draft rules relating to services, Member States shall postpone the adoption of a draft technical regulation for twelve months from the date of receipt by the Commission of the communication referred to in Article 5(1) if, within three months of that date, the Commission announces its intention of proposing or adopting a directive, regulation or decision on the matter in accordance with Article 288 of the TFEU.

4.  Member States shall postpone the adoption of a draft technical regulation for 12 months from the date of receipt by the Commission of the communication referred to in Article 5(1) if, within the three months following that date, the Commission announces its finding that the draft technical regulation concerns a matter which is covered by a proposal for a directive, regulation or decision presented to the European Parliament and the Council in accordance with Article 288 of the TFEU.

5.  If the Council adopts a position at first reading during the standstill period referred to in paragraphs 3 and 4, that period shall, subject to paragraph 6, be extended to 18 months.

6.  The obligations referred to in paragraphs 3, 4 and 5 shall lapse:

(a)  when the Commission informs the Member States that it no longer intends to propose or adopt a binding act;

(b)  when the Commission informs the Member States of the withdrawal of its draft or proposal;

(c)  when a binding act has been adopted by the Commission or by the European Parliament and the Council.

7.  Paragraphs 1 to 5 shall not apply in cases where:

(a)  for urgent reasons, occasioned by serious and unforeseeable circumstances relating to the protection of public health or safety, the protection of animals or the preservation of plants, and for rules on services, also for public policy, notably the protection of minors, a Member State is obliged to prepare technical regulations in a very short space of time in order to enact and introduce them immediately without any consultations being possible; or

(b)  for urgent reasons occasioned by serious circumstances relating to the protection of the security and the integrity of the financial system, notably the protection of depositors, investors and insured persons, a Member State is obliged to enact and implement rules on financial services immediately.

In the communication referred to in Article 5, the Member State shall give reasons for the urgency of the measures taken. The Commission shall give its views on the communication as soon as possible. It shall take appropriate action in cases where improper use is made of this procedure. The European Parliament shall be kept informed by the Commission.

Article 7

1.  Articles 5 and 6 shall not apply to those laws, regulations and administrative provisions of the Member States or voluntary agreements by means of which Member States:

(a)  comply with binding Union acts which result in the adoption of technical specifications or rules on services;

(b)  fulfil the obligations arising out of international agreements which result in the adoption of common technical specifications or rules on services in the Union;

(c)  make use of safeguard clauses provided for in binding Union acts;

(d)  apply Article 12(1) of Directive 2001/95/EC of the European Parliament and of the Council(12);

(e)  restrict themselves to implementing a judgment of the Court of Justice of the European Union;

(f)  restrict themselves to amending a technical regulation within the meaning of point (f) of Article 1(1), in accordance with a Commission request, with a view to removing an obstacle to trade or, in the case of rules on services, to the free movement of services or the freedom of establishment of service operators.

2.  Article 6 shall not apply to the laws, regulations and administrative provisions of the Member States prohibiting manufacture insofar as they do not impede the free movement of products.

3.  Paragraphs 3 to 6 of Article 6 shall not apply to the voluntary agreements referred to in point (ii) of the second subparagraph of point (f) of Article 1(1).

4.  Article 6 shall not apply to the technical specifications or other requirements or the rules on services referred to in point (iii) of the second subparagraph of point (f) of Article 1(1).

Article 8

The Commission shall report every two years to the European Parliament, the Council and the European Economic and Social Committee on the results of the application of this Directive.

The Commission shall publish annual statistics on the notifications received in the Official Journal of the European Union.

Article 9

When Member States adopt a technical regulation, it shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of its official publication. The methods of making such reference shall be laid down by Member States.

Article 10

Directive 98/34/EC, as amended by the acts listed in Annex III, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for the transposition into national law of the Directives set out in Annex III, Part B of the repealed Directive and in Annex III, Part B of this Directive.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex IV.

Article 11

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

Article 12

This Directive is addressed to the Member States.

Done at

For the European Parliament For the Council

The President The President

ANNEX I

Indicative list of services not covered by the second subparagraph of point (b) of Article 1(1)

1.  Services not provided ‘at a distance’

Services provided in the physical presence of the provider and the recipient, even if they involve the use of electronic devices:

(a)  medical examinations or treatment at a doctor's surgery using electronic equipment where the patient is physically present;

(b)  consultation of an electronic catalogue in a shop with the customer on site;

(c)  plane ticket reservation at a travel agency in the physical presence of the customer by means of a network of computers;

(d)  electronic games made available in a video-arcade where the customer is physically present.

2.  Services not provided ‘by electronic means’

–  Services having material content even though provided via electronic devices:

(a)  automatic cash or ticket dispensing machines (banknotes, rail tickets);

(b)  access to road networks, car parks, etc., charging for use, even if there are electronic devices at the entrance/exit controlling access and/or ensuring correct payment is made,

–  Off-line services: distribution of CD roms or software on diskettes,

–  Services which are not provided via electronic processing/inventory systems:

(a)  voice telephony services;

(b)  telefax/telex services;

(c)  services provided via voice telephony or fax;

(d)  telephone/telefax consultation of a doctor;

(e)  telephone/telefax consultation of a lawyer;

(f)  telephone/telefax direct marketing.

3.  Services not supplied ‘at the individual request of a recipient of services’

Services provided by transmitting data without individual demand for simultaneous reception by an unlimited number of individual receivers (point to multipoint transmission):

(a)  television broadcasting services (including near-video on-demand services), covered by point (e) of Article 1(1) of Directive 2010/13/EU;

(b)  radio broadcasting services;

(c)  (televised) teletext.

_____________

ANNEX II

Indicative list of the financial services covered by Article 1(4)

–  Investment services,

–  Insurance and reinsurance operations,

–  Banking services,

–  Operations relating to pension funds,

–  Services relating to dealings in futures or options.

Such services include in particular:

(a)  investment services referred to in the Annex to Directive 2004/39/EC; services of collective investment undertakings;

(b)  services covered by the activities subject to mutual recognition referred to in Annex I to Directive 2013/36/EU of the European Parliament and of the Council(13);

(c)  operations covered by the insurance and reinsurance activities referred to in Directive 2009/138/EC of the European Parliament and of the Council(14).

_____________

ANNEX III

Part A

Repealed Directive with list of the successive amendments thereto

(referred to in Article 10)

Part B

List of time-limits for transposition into national law

(referred to in Article 10)

_____________

ANNEX IV

CORRELATION TABLE

_____________

(1) Opinion of 14 July 2010 (OJ C 44, 11.2.2011, p. 142) and opinion of 26 February 2014 (not yet published in the Official Journal). (2) OJ C 102, 4.4.1996, p. 2. (3) Opinion of 14 July 2010 (OJ C 44, 11.2.2011, p. 142) and opinion of 26 February 2014 (not yet published in the Official Journal). (4) Position of the European Parliament of 15 April 2014. (5) Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services (OJ L 204, 21.7.1998, p. 37). (6) See Annex III, Part A. (7) 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 (OJ L 311, 28.11.2001, p. 67). (8) Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1). (9) Directive 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) (OJ L 108, 24.4.2002, p. 33). (10) Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC (OJ L 145, 30.4.2004, p. 1). (11) 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 (OJ L 396, 30.12.2006, p. 1). (12) Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4). (13) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338). (14) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1).

European Parliament legislative resolution of 15 April 2014 on the recommendation for a Council decision concerning the accession of Croatia to the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (COM(2013)0586 – C7-0381/2013 – 2013/0308(CNS))

P7_TA(2014)0346 A7-0214/2014

(Special legislative procedure – consultation)

The European Parliament,

–  having regard to the Commission recommendation to the Council (COM(2013)0586),

–  having regard to Article 3(4) and (5) of the Act of Accession of Croatia, pursuant to which the Council consulted Parliament (C7‑0381/2013),

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

–  having regard to the report of the Committee on Economic and Monetary Affairs (A7-0214/2014),

1.  Approves the Commission recommendation as amended;

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

3.  Calls on the Council, when deciding on the date of application of the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises, to take into account Parliament's concerns regarding the need to minimise the tax burden on tax payers;

4.  Asks the Council to consult Parliament again if it intends to amend the Commission recommendation substantially;

5.  Instructs its President to forward its position to the Council, the Commission and the governments and national parliaments of Croatia and of the other Member States.

Text proposed by the Commission   Amendment Amendment 1 Proposal for a decision Article 3 The Arbitration Convention, as amended by the Protocol of 25 May 1999, the Conventions of 21 December 1995 and of 8 December 2004, Decision 2008/492/EC, as well as this Decision, enters into force on XXX [date] between Croatia and each of the other Member States of the European Union. The Arbitration Convention, as amended by the Protocol of 25 May 1999, the Conventions of 21 December 1995 and of 8 December 2004, Decision 2008/492/EC, as well as this Decision, enters into force on ...* between Croatia and each of the other Member States of the European Union. ______________ * Day following that of publication of this Decision in the Official Journal of the European Union.

European Parliament legislative resolution of 15 April 2014 on the proposal for a Council regulation establishing the Shift2Rail Joint Undertaking (COM(2013)0922 – C7-0034/2014 – 2013/0445(NLE))

P7_TA(2014)0347 A7-0259/2014

(Consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2013)0922,

–  having regard to Articles 187 and the first paragraph of Article 188 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7‑0034/2014),

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

–  having regard to the report of the Committee on Industry, Research and Energy (A7-0259/2014),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to alter its proposal accordingly, in accordance with Article 293(2) of the Treaty on the Functioning of the European Union;

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

4.  Asks the Council to consult Parliament again if it intends to substantially amend the Commission proposal;

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

Text proposed by the Commission   Amendment Amendment 1 Proposal for a regulation Recital 3 (3)  Regulation (EU) No …/2013 of the European Parliament and of the Council of … 2013 establishing Horizon 2020 - the Framework Programme for Research and Innovation for the period 2014-2020 (‘Horizon 2020 Framework Programme’)12 aims to achieve a greater impact of research and innovation efforts by combining EU and private-sector funds in public-private partnerships (PPPs) in areas where research and innovation can contribute to the Union's wider competitiveness goals and help tackle societal challenges. The Union involvement in these partnerships can take the form of financial contributions to joint undertakings established on the basis of Article 187 of the Treaty. (3)  Regulation (EU) No 1291/2013 of the European Parliament and of the Council12 (‘the Horizon 2020 Framework Programme’) aims to achieve a greater impact on research and innovation by combining Horizon 2020 Framework Programme and private-sector funds in public-private partnerships in key areas where research and innovation can contribute to the Union's wider competitiveness goals, leverage private investment, and help tackle societal challenges. Those partnerships should be based on a long-term commitment, including a balanced contribution from all partners, be accountable for the achievement of their targets and be aligned with the Union's strategic goals relating to research, development and innovation. The governance and functioning of those partnerships should be open, transparent, effective and efficient and give the opportunity to a wide range of stakeholders active in their specific areas to participate based on a long-term commitment. Union involvement in these partnerships can take the form of financial contributions to joint undertakings established on the basis of Article 187 of the Treaty under Decision No 1982/2006/EC of the European Parliament and of the Council12a ("the Seventh Framework Programme"). __________________ __________________ 12 OJ … [H2020 FP] 12 Regulation (EU) No 1291/2013 of the European Parliament and of the Council of 11 December 2013 establishing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decision 1982/2006/EC (OJ L 347, 20.12.2013, p. 104). 12a Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) (OJ L 412, 30.12.2006, p. 1). Amendment 2 Proposal for a regulation Recital 4 (4)  In accordance with Decision (EU) No …/2013 of the Council of … 2013 establishing the Specific Programme implementing Horizon 2020 (2014-2020)13 support may be provided to joint undertakings established in the Horizon 2020 Framework Programme under the conditions specified in that Decision. (4)  In accordance with Regulation (EU) No 1291/2013 and Council Decision 2013/743/EU13 support may be provided to joint undertakings established in the Horizon 2020 Framework Programme under the conditions specified in that Decision. __________________ __________________ 13 OJ … [H2020 SP] 13 Council Decision 2013/743/EU of 3 December 2013 establishing the Specific Programme implementing Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020) and repealing Decisions 2006/971/EC, 2006/972/EC, 2006/973/EC, 2006/974/EC and 2006/975/EC (OJ L 347, 20.12.2013, p. 965) Amendment 3 Proposal for a regulation Recital 7 (7)  The Shift2Rail Joint Undertaking (hereinafter ‘S2R Joint Undertaking’) should be a PPP aimed at stimulating and better coordinating Union research and innovation investments in the rail sector with a view to accelerating and facilitating the transition towards a more integrated, efficient, sustainable and attractive EU railway market, in line with the business needs of the rail sector and with the general objective of achieving a Single European Railway Area. In particular, the S2R Joint Undertaking should contribute to specific objectives defined in the 2011 White Paper and in the Fourth Railway Package, including the improved efficiency of the rail sector for the benefit of the public purse; a considerable expansion or upgrading of the capacity of the rail network, so as to enable rail to compete effectively and take a significantly greater proportion of passenger and freight transport; an improvement in the quality of rail services by responding to the needs of rail passengers and freight forwarders; the removal of technical obstacles holding back the sector in terms of interoperability; and the reduction of negative externalities linked to railway transport. The progress of the S2R Joint Undertaking towards meeting these objectives should be measured against key performance indicators. (7)  The Shift2Rail Joint Undertaking (hereinafter ‘S2R Joint Undertaking’) should be a PPP aimed at stimulating and better coordinating Union research and innovation investments in the rail sector while creating new employment opportunities, with a view to accelerating and facilitating the transition towards a more integrated, user-friendly, efficient, sustainable and attractive EU railway market, in line with the business needs of the rail sector and with the general objective of achieving a Single European Railway Area. In particular, the S2R Joint Undertaking should contribute to specific objectives defined in the 2011 White Paper and in the Fourth Railway Package, including the improved efficiency of the rail sector for the benefit of the public purse; a considerable expansion or upgrading of the capacity of the rail network, so as to enable rail to compete effectively and take a significantly greater proportion of passenger and freight transport; an improvement in the quality of rail services by responding to the needs of rail passengers and freight forwarders; the removal of technical obstacles holding back the sector in terms of interoperability; and the reduction of negative externalities linked to railway transport. The progress of the S2R Joint Undertaking towards meeting these objectives should be measured against key performance indicators. Amendment 4 Proposal for a regulation Recital 7 a (new) (7a)  The S2R Joint Undertaking should operate in an open and transparent way providing all relevant information in a timely manner to its appropriate bodies as well as promoting its activities, including information and dissemination activities to the wider public. The rules of procedure of the bodies of the S2R Joint Undertaking should be made publicly available. Amendment 5 Proposal for a regulation Recital 11 a (new) (11a)  The Horizon 2020 Framework Programme should contribute to the closing of the research and innovation divide within the Union by promoting synergies with the European Structural and Investment Funds (ESIF). Therefore the S2R Joint Undertaking should seek to develop close interactions with the ESIF, which can specifically help to strengthen local, regional and national research and innovation capabilities in the area of the S2R Joint Undertaking and underpin smart specialisation efforts. Amendment 6 Proposal for a regulation Recital 12 (12)  In order to achieve its objectives, the S2R Joint Undertaking should provide financial support, mainly in the form of grants to members and through the most appropriate measures, such as procurement or the award of grants following calls for proposals. (12)  In order to achieve its objectives, to guarantee a fair participation of other enterprises in particular small and medium-sized enterprises (SMEs) and other investors and to support the modernization of an integrated European rail sector, the S2R Joint Undertaking should provide the Union contribution to the actions through open and transparent procedures mainly in the form of grants to members, such as procurement or the award of grants following open and transparent calls for proposals. Amendment 7 Proposal for a regulation Recital 12 a (new) (12a)  With a view to the overall aim of the Horizon 2020 Framework Programme of achieving greater simplification and harmonisation of the European research and innovation funding landscape, Joint Undertakings should establish simple governance models and avoid sets of rules that are different from those of the Horizon 2020 Framework Programme. Amendment 8 Proposal for a regulation Recital 13 (13)  The S2R Joint Undertaking should operate in a transparent way providing all relevant available information to its appropriate bodies as well as promoting its activities accordingly. (13)  The S2R Joint Undertaking should operate in an open and transparent way and put in place a mechanism of consultation with all interested actors that make use of rail sector goods and services, providing all relevant available information to its appropriate bodies as well as promoting its activities accordingly. Amendment 9 Proposal for a regulation Recital 13 a (new) (13a)  The S2R Joint Undertaking should also use electronic means managed by the Commission to ensure openness, transparency and facilitate participation. Therefore, the calls for proposals launched by the S2R Joint Undertaking should also be published on the single portal for participants as well as through other Horizon 2020 electronic means of dissemination managed by the Commission. Moreover, relevant data on inter alia proposals, applicants, grants and participants should be made available by S2R Joint Undertaking for inclusion in the Horizon 2020 reporting and dissemination electronic systems managed by the Commission, in an appropriate format and with the periodicity corresponding to the Commission's reporting obligations. Amendment 10 Proposal for a regulation Recital 14 a (new) (14a)  Without prejudice to the interim evaluation referred to in Article 11 and in accordance with Article 32 of Regulation (EU) No 1291/2013 and as part of the interim evaluation of the Horizon 2020 Framework Programme , Joint Undertakings as a particular funding instrument of the Horizon 2020 Framework Programme should be subject to an in-depth assessment which shall include, inter alia, an analysis of openness, transparency and efficiency of public-private partnerships based on Article 187 TFEU.   Amendment 11 Proposal for a regulation Recital 16 (16)  Participation in indirect actions funded by the S2R Joint Undertaking should comply with Regulation (EU) No … /2013 of the European Parliament and of the Council of … 2013 laying down the rules for participation and dissemination in ‘Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020)’16 (16)  Participation in indirect actions funded by the S2R Joint Undertaking should comply with Regulation (EU) No 1290/2013 of the European Parliament and of the Council16. The S2R Joint Undertaking should, moreover, ensure consistent application of those rules based on relevant measures adopted by the Commission. __________________ __________________ 16 OJ … [H2020 RfP] 16 Regulation (EU) No 1290/2013 of the European Parliament and of the Council of 11 December 2013 laying down the rules for the participation and dissemination in "Horizon 2020 - the Framework Programme for Research and Innovation (2014-2020)" and repealing Regulation (EC) No 1906/2006 (OJ L 347, 20.12.2013, p. 81. Amendment 12 Proposal for a regulation Recital 16 a (new) (16a)  The S2R Joint Undertaking should take into account the OECD definitions regarding Technological Readiness Level (TRL) in the classification of technological research, product development and demonstration activities. Amendment 13 Proposal for a regulation Recital 20 a (new) (20a)  With a view to the overall aim of the Horizon 2020 Framework Programme to achieve greater simplification and coherence, all calls for proposals under the S2R Joint Undertaking should take into account the duration of the Horizon 2020 Framework Programme. Amendment 14 Proposal for a regulation Recital 21 (21)  In accordance with Article 287(1) of the Treaty, the constituent instrument of bodies, offices or agencies set up by the Union may preclude the examination of the accounts of all revenue and expenditure of those bodies, offices or agencies by the Court of Auditors. In accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012, the accounts of the bodies under Article 209 of Regulation (EU, Euratom) No 966/2012 are to be examined by an independent audit body which is to give an opinion inter alia on the reliability of the accounts and the legality and regularity of the underlying transactions. Avoidance of duplication of the examination of the accounts justifies that the accounts of the S2R Joint Undertaking should not be subject to examination by the Court of Auditors. (21)  In view of the specific nature and the current status of the Joint Undertakings, and in order to ensure continuity with the Seventh Framework Programme, the Joint Undertakings should continue to be subject to a separate discharge. By way of derogation from Articles 60(7) and 209 of Regulation (EU, Euratom) No 966/2012, discharge for the implementation of the budget of the S2R Joint Undertaking should therefore be given by the European Parliament on the recommendation of the Council. Hence, the reporting requirements set out in Article 60(5) of Regulation (EU, Euratom) No 966/2012 should not apply to the contribution of the Union to the S2R Joint Undertaking but they should be aligned to the extent possible to the ones envisaged for bodies under Article 208 of that Regulation. The auditing of accounts and of the legality and regularity of the underlying transactions should be undertaken by the Court of Auditors. Amendment 15 Proposal for a regulation Recital 23 a (new) (23a)  Given the importance of continuous innovation for the competitiveness of the Union's transport sector and the number of Joint Undertakings in this field, there should be an analysis in due time, notably in view of the interim evaluation of the Horizon 2020 Framework Programme, regarding the appropriateness of efforts in collaborative research in the field of transport. Amendment 16 Proposal for a regulation Article 1 – paragraph 1 1.  In order to coordinate and manage Union research and innovation investments in the European rail sector, a joint undertaking within the meaning of Article 187 of the Treaty (the ‘Shift2Rail Joint Undertaking’ or ‘S2R Joint Undertaking’) is hereby established until 31 December 2024. 1.  In order to coordinate and manage Union research and innovation investments in the European rail sector, a joint undertaking within the meaning of Article 187 of the Treaty (the ‘Shift2Rail Joint Undertaking’ or ‘S2R Joint Undertaking’) is hereby established until 31 December 2024. In order to take into account the duration of the Horizon 2020 Framework Programme, calls for proposals under S2R Joint Undertaking shall be launched at the latest by 31 December 2020. In duly justified cases calls for proposals may be launched until 31 December 2021. Amendment 17 Proposal for a regulation Article 2 – paragraph 1 – point b (b)  to contribute to the achievement of the Single European Railway Area, to a faster and cheaper transition to a more attractive, competitive, efficient and sustainable European rail system, and to a modal shift from road and air to rail, through a comprehensive and co-ordinated approach addressing the research and innovation needs of the rail system and its users. This approach shall cover rolling stock, infrastructure and traffic management for the market segments of freight and of long-distance, regional, local and urban passenger traffic, as well as intermodal links between rail and other modes, providing users with an integrated end-to-end solution for their rail travel and transport needs – from transaction support to en-route assistance. (b)  to contribute to the achievement of the Single European Railway Area, to a faster and cheaper transition to a more attractive, user-friendly (including for persons with reduced mobility), competitive, efficient and sustainable European rail system, to a modal shift from road and air to rail, and to the development of a strong and competitive European rail industry sector, through a comprehensive and co-ordinated approach addressing the research and innovation needs of the rail system and its users. This approach shall cover rolling stock, infrastructure and traffic management for the market segments of freight and of long-distance, regional, local and urban passenger traffic, as well as intermodal links between rail and other modes, providing users with an integrated end-to-end solution for their rail travel and transport needs – from transaction support to en-route assistance. Amendment 18 Proposal for a regulation Article 2 – paragraph 1 – point d (d)  to act as a central reference point on rail-related research and innovation actions funded at Union level, ensuring coordination among projects and providing all stakeholders with relevant information. (d)  to play a central role in rail-related research and innovation actions funded at Union level, ensuring coordination among projects and providing all stakeholders with relevant information. Amendment 19 Proposal for a regulation Article 2 – paragraph 1 – point e (e)  to actively promote the participation and close involvement of all relevant stakeholders from the full rail value chain and from outside the traditional rail industry, in particular: manufacturers of railway equipment (both rolling stock and train control systems) and their supply chain, infrastructure managers, railway operators (both passenger and freight), rail vehicle leasing companies, certifying agencies, professional staff associations, user associations (both passenger and freight), as well as the relevant scientific institutions or the relevant scientific community. The involvement of small and medium sized enterprises (SMEs), as defined in Commission Recommendation 2003/361/EC20 , shall be encouraged. (e)  to actively promote the participation and close involvement of all relevant stakeholders from the full rail value chain and from outside the traditional rail industry, in particular: manufacturers of railway equipment (both rolling stock and train control and traffic management systems) and their supply chain, infrastructure managers, railway operators (both passenger and freight), rail vehicle leasing companies, certifying agencies, professional staff associations, user associations (both passenger and freight), as well as the relevant scientific institutions or the relevant scientific community. The involvement of small and medium sized enterprises (SMEs), as defined in Commission Recommendation 2003/361/EC20 , shall be encouraged. __________________ __________________ 20 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36) 20 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36) Amendment 20 Proposal for a regulation Article 2 – paragraph 1 – point e a (new) (ea)  to implement measures that promote the participation of SMEs, universities and Research Centres. In this context, barriers preventing the participation of new comers in the S2R Joint Undertaking shall be identified and addressed. Amendment 21 Proposal for a regulation Article 2 – paragraph 1 – point e b (new) (eb)  to seek complementarity and close synergies with the European Structural and Investment Funds ("ESIF") in order to help close the research and innovation divide in Europe. Where possible, to promote interoperability between the Horizon 2020 Framework Programme and those Funds and to encourage cumulative or combined funding. In this context, measures will aim at fully exploiting the potential of Europe's talent pool and thereby optimising the economic and social impact of research and innovation and will be distinct yet complementary with regard to policies and actions of the ESIF. Amendment 22 Proposal for a regulation Article 3 – paragraph 1 – introductory part 1.  The maximum Union financial contribution to the Shift2Rail initiative shall be EUR 450 million, including EFTA contributions, paid from the appropriations in the general budget of the Union allocated to the Horizon 2020 Specific Programme implementing the Horizon 2020 Framework Programme, in accordance with the relevant provisions of Article 58(1)(c)(iv) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 for bodies referred to in Article 209 of that Regulation. This amount includes: 1.  The maximum Union financial contribution to the Shift2Rail initiative shall be EUR 450 million, including the contributions from the Member States of the European Free Trade Association (EFTA), paid from the appropriations in the general budget of the Union allocated to the Horizon 2020 Specific Programme implementing the Horizon 2020 Framework Programme, in accordance with the relevant provisions of Article 58(1)(c)(iv) and Articles 60 and 61 of Regulation (EU, Euratom) No 966/2012 for bodies referred to in Article 209 of that Regulation. This amount includes: Amendment 23 Proposal for a regulation Article 3 – paragraph 2 2.  Additional funds complementing the contribution referred to in paragraph 1 may be allocated from other Union instruments to support actions for the deployment of mature outcomes of the S2R Joint Undertaking. 2.  Additional funds complementing the contribution referred to in paragraph 1 may be allocated from other Union instruments to support actions for the deployment of mature innovative outcomes of the S2R Joint Undertaking. Amendment 24 Proposal for a regulation Article 3 – paragraph 4 – point d and d a (new) (d)  the arrangements regarding the provision of data necessary to ensure that the Commission is able to draft its research and innovation policy and to meet its dissemination and reporting obligations; (d)  the arrangements regarding the provision of data necessary to ensure that the Commission is able to meet its dissemination and reporting obligations; including on the single portal for participants as well as through other Horizon 2020 electronic means of dissemination managed by the Commission. (da)  provisions for the publication of calls for proposals of the S2RJoint Undertaking also on the single portal for participants as well as through other Horizon 2020 electronic means of dissemination managed by the Commission. Amendment 25 Proposal for a regulation Article 4 – paragraph 4 4.  For the purpose of valuing the in kind contributions referred to in point (b) of paragraph 2 and clause 15(3)(b) of the Statutes set out in Annex I, the costs shall be determined according to the usual cost accounting practices of the entities concerned, to the applicable accounting standards of the country where each entity is established, and to the applicable International Accounting Standards / International Financial Reporting Standards. The costs shall be certified by an independent external auditor appointed by the entity concerned. The valuation of the contributions shall be verified by the S2R Joint Undertaking. In case of remaining uncertainties, the valuation may be audited by the S2R Joint Undertaking, as referred to in clause 20 of the Statutes. 4.  For the purpose of valuing the contributions referred to in point (b) of paragraph 2 and clause 15(3)(b) of the Statutes set out in Annex I, the costs shall be determined according to the usual cost accounting practices of the entities concerned, to the applicable accounting standards of the country where each entity is established, and to the applicable International Accounting Standards / International Financial Reporting Standards. The costs shall be certified by an independent external auditor appointed by the entity concerned. The valuation method may be verified by the S2R Joint Undertaking should there be any uncertainty arising from the certification. For the purposes of this Regulation, the costs incurred in additional activities shall not be audited by the S2RJoint Undertaking or any Union body. Amendment 26 Proposal for a regulation Article 4 – paragraph 6 6.  Further to paragraph 5, the Commission may terminate, proportionally reduce or suspend the Union financial contribution to the S2R Joint Undertaking or trigger the winding up procedure referred to in clause 23(2) of the Statutes set out in Annex I if those members or their affiliated entities do not contribute, contribute only partially or contribute late with regard to the contributions referred to in paragraph 2. 6.  Further to paragraph 5, the Commission may terminate, proportionally reduce or suspend the Union financial contribution to the S2R Joint Undertaking or trigger the winding up procedure referred to in clause 23(2) of the Statutes set out in Annex I if those members or their affiliated entities do not contribute, contribute only partially or contribute late with regard to the contributions referred to in paragraph 2. The Commission decision shall not hinder the reimbursement of eligible costs already incurred or committed by the Members or the S2R Joint Undertaking by the time of the notification of the aforesaid decision to the S2R Joint Undertaking. Amendment 27 Proposal for a regulation Article 5 – paragraph 1 The S2R Joint Undertaking shall adopt its specific financial rules in accordance with Article 209 of Regulation (EU, Euratom) No 966/2012 and Regulation (EU) No … [Delegated Regulation on the Model Financial Regulation for bodies referred to in Article 209 of the Financial Regulation]. Without prejudice to Article 12, the S2R Joint Undertaking shall adopt its specific financial rules in accordance with Article 209 of Regulation (EU, Euratom) No 966/2012 and Regulation (EU) No … [Delegated Regulation on the Model Financial Regulation for PPPs]. Amendment 28 Proposal for a regulation Article 6 – paragraph 2 – subparagraph 2 The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2 paragraph 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 is authorised to sub-delegate those powers. The Governing Board shall adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and 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 report back to the Governing Board on the delegated powers and shall be authorised to sub-delegate those powers. Amendment 29 Proposal for a regulation Article 9 – paragraph 2 2.  In the case of non-contractual liability, the S2R Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff in the performance of their duties. 2.  In the case of non-contractual liability, the S2R Joint Undertaking shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its staff or members of the Governing Board in the performance of their duties. Amendment 30 Proposal for a regulation Article 11 – paragraph 1 1.  By 31 December 2017, the Commission shall conduct an interim evaluation of the S2R Joint Undertaking. The Commission shall send the conclusions of the evaluation, and its observations, to the European Parliament and to the Council by 30 June 2018. 1.  By 30 June 2017 the Commission shall carry out, with the assistance of independent experts, an interim evaluation of the S2R Joint Undertaking, including an assessment of the involvement and openness to small and medium enterprises, as well as the administrative functioning of the S2R Joint Undertaking with a special focus on addressing any administrative challenges or burdens. The Commission shall prepare a report on that evaluation which includes conclusions of the evaluation and observations by the Commission. The Commission shall send that report to the European Parliament and to the Council by 31 December 2017. The results of the interim evaluation of S2R shall be taken into account in the in-depth assessment and in the interim evaluation referred to in Article 32 of Regulation (EU) No 1291/2013. Amendment 31 Proposal for a regulation Article 12 – paragraph 1 1.  The discharge of the budget implementation with regard to the Union contribution to the S2R Joint Undertaking shall be part of the discharge given by the European Parliament, upon recommendation of the Council, to the Commission in accordance with the procedure provided for in Article 319 of the Treaty. 1.  By way of derogation from Articles 60(7) and 209 of Regulation (EU, Euratom) No 966/2012, the discharge for the implementation of the budget of the S2R Joint Undertaking shall be given by the European Parliament, upon recommendation of the Council in accordance with the procedure provided for in the financial rules of the S2R Joint Undertaking. Amendment 32 Proposal for a regulation Article 12 – paragraph 2 2.  The S2R Joint Undertaking shall fully cooperate with the institutions involved in the discharge procedure and provide, as appropriate, any necessary additional information. In this context, it may be requested to be represented in meetings with the relevant institutions or bodies and assist the Commission authorising officer by delegation. deleted Amendment 33 Proposal for a regulation Article 14 – paragraph 1 1.  Without prejudice to clause 19(4) of the Statutes set out in Annex I, the S2R Joint Undertaking shall grant Commission staff and other persons authorised by the S2R Joint Undertaking or the Commission, as well as the Court of Auditors, access to its sites and premises and to all the information, including information in electronic format, needed in order to conduct their audits. 1.  The S2R Joint Undertaking shall grant Commission staff and other persons authorised by the S2R Joint Undertaking or the Commission, as well as the Court of Auditors, access to its sites and premises and to all the information, including information in electronic format, needed in order to conduct their audits. Amendment 34 Proposal for a regulation Article 14 – paragraph 5 a (new) 5a.  The staff of the Joint Undertaking, the Executive Director and the members of the Governing Board shall without delay notify OLAF of any instances of fraud which have come to their attention in the fulfilment of their duties or remit, without in any way being made accountable for them as a result. Amendment 35 Proposal for a regulation Article 17 – paragraph 1 a (new) With a view to the overall aim of the Horizon 2020 Framework Programme of achieving greater simplification and harmonisation of the European research and innovation funding landscape, Joint Undertakings shall avoid sets of rules that are different from those of the Horizon 2020 Framework Programme. Amendment 36 Proposal for a regulation Annex I – clause 1 – paragraph 1 1.  'Associated Member' means a legal entity or a grouping or consortium of legal entities, established in a Member State or in a country associated to the Horizon 2020 Framework Programme, that has been selected according to the procedure set out in clause 4(2), that fulfils the conditions set out in clauses 4(3) and 4(4), and that has accepted the present Statutes by signing a letter of endorsement; 1.  'Associated Member' means a legal entity or a grouping or consortium of legal entities, established in a Member State or in a country associated to the Horizon 2020 Framework Programme, that has been selected according to the procedure set out in clause 4(2), that fulfils the conditions set out in clauses 4(3) and 4(4), and that has accepted the present Statutes by signing a letter of endorsement following a decision by the body responsible for its governance; Amendment 37 Proposal for a regulation Annex I – clause 1 – paragraph 2 2.  'Founding Member other than the Union' refers to the contributors listed in Annex II, having individually committed to an own contribution of at least EUR 30 million for the duration of the S2R Joint Undertaking and accepted the present Statutes by signing a letter of endorsement; 2.  'Founding Member other than the Union' refers to single legal entities , having individually committed to an own contribution of at least EUR 30 million for the duration of the S2R Joint Undertaking, based on a shared vision, and accepted the present Statutes by signing a letter of endorsement following a decision by the body responsible for their governance. The Founding Members are listed in Annex II; Amendment 38 Proposal for a regulation Annex I – clause 1 – paragraph 3 – introductory part 3.  'Innovation Programmes' or 'IPs' refer to the thematic areas around which the S2R Master Plan, referred to in paragraph 4, shall be structured. The IPs shall be selected for their capacity to best deliver performance benefits to one or more operating environments and reflect a railway system approach. Notwithstanding a decision of the Governing Board to modify this structure, the S2R Master Plan should foresee the creation of at least the five following IPs: 3.  'Innovation Programmes' or 'IPs' refer to the thematic areas around which the S2R Master Plan, referred to in paragraph 4, shall be structured. The IPs shall be selected for their capacity to best deliver performance benefits to one or more operating environments and reflect a railway system and customer-oriented approach. Their definition shall also allow for pioneering innovative ideas to be developed and tested. Notwithstanding a decision of the Governing Board to modify this structure, the S2R Master Plan should foresee the creation of at least the five following IPs: Amendment 39 Proposal for a regulation Annex I – clause 1 – paragraph 3 – point a (a)  Cost-efficient and Reliable High Capacity Trains; (a)  Cost-efficient and Reliable Trains, including High Capacity Trains and High Speed Trains Amendment 40 Proposal for a regulation Annex I – clause 1 – paragraph 3 – point c (c)  Cost-efficient and Reliable High Capacity Infrastructure; (c)  Cost-efficient, sustainable and Reliable High Capacity Infrastructure; Amendment 41 Proposal for a regulation Annex I – clause 2 – point h (h)  pool user requirements and define interoperability standards to guide investment in research and innovation towards operational and marketable solutions; (h)  pool user requirements and define interoperability specifications and technical standards to guide investment in research and innovation towards operational and marketable solutions; Amendment 42 Proposal for a regulation Annex I – clause 2 – point j (j)  establish and develop close and long-term cooperation between the Union, the rail manufacturing industry and other stakeholders required to develop pioneering innovations and ensure a strong market uptake of innovative solutions, including the rail operating community and other rail stakeholders, as well as actors outside the traditional rail sector; (j)  establish and develop close and long-term cooperation between the Union, the rail manufacturing industry and other stakeholders required to develop pioneering innovations and ensure a strong market uptake of innovative solutions, including organisations representing customers, the rail operating community and other rail private and public stakeholders, including at regional level, as well as actors outside the traditional rail sector; Amendment 44 Proposal for a regulation Annex I – clause 2 – point k a (new) (ka)  liaising with a broad range of stakeholders including research organisations and universities; Amendment 45 Proposal for a regulation Annex I – clause 3 – paragraph 2 a (new) 2a.  Should any member of S2R Joint Undertaking be in default of its commitments concerning its agreed financial contribution, the Executive Director shall put this in writing and set a reasonable period within which such default shall be remedied. If the situation is not remedied within that period, the Executive Director shall convene a meeting of the Governing Board to decide whether the defaulting member's membership is to be revoked or if any other measures are to be taken until its obligations have been met. The Governing Board may initially suspend the voting rights of all members in breach of their obligations, once they have been heard and given the opportunity of regularising matters. Amendment 46 Proposal for a regulation Annex I – clause 4 – paragraph 2 2.  The Associated Members of the S2R Joint Undertaking shall be selected through an open, non-discriminatory and competitive call. The first call for Associated Members shall be launched within three months at the latest following the establishment of the S2R Joint Undertaking. Any additional calls shall be driven by the need for key capabilities to implement the S2R Master Plan. All calls shall be published on the S2R website and communicated through the States Representatives Group and other channels in order to ensure the widest possible participation in the interest of the achievement of the objectives of the S2R Master Plan. The S2R Joint Undertaking shall encourage the participation of SMEs, and of actors from the entire rail value chain, as well as from outside the traditional rail sector. 2.  The Associated Members of the S2R Joint Undertaking shall be selected through an open, non-discriminatory and competitive call launched by the Commission and subject to a transparent evaluation by the Governing Board. This evaluation and selection shall take into account, inter alia, the relevance and the potential added value of the applicant for the achievement of the objectives of the S2R Joint Undertaking, the financial soundness of the applicant, and any potential conflicts of interest regarding the objectives of the S2R Joint Undertaking. Amendment 47 Proposal for a regulation Annex I – clause 4 – paragraph 2 a (new) 2a.  Taking into account the results of the evaluation, the Commission shall make the final decision on the selection of associated members with a view to ensuring geographical balance, as well as balanced participation of SMEs, of the research community and of actors from the entire rail value chain, including from outside the traditional rail sector. Amendment 48 Proposal for a regulation Annex I – clause 4 – paragraph 5 5.  Any member may terminate its membership to the S2R Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other members. As of then, the former member shall be discharged from any obligations other than those approved or incurred by the S2R Joint Undertaking prior to terminating the membership. 5.  Any member may terminate its membership to the S2R Joint Undertaking. The termination shall become effective and irrevocable six months after notification to the other members. As of then, the former member shall be discharged from any obligations other than those approved or incurred by the S2R Joint Undertaking prior to terminating the membership. In such cases, an account shall be opened for settlement of financial obligations between the departing member and the S2R Joint Undertaking. Amendment 49 Proposal for a regulation Annex I – clause 4 – paragraph 6 6.  Membership of the S2R Joint Undertaking may not be transferred to a third party without the prior and unanimous agreement of the Governing Board. 6.  Membership of the S2R Joint Undertaking may not be transferred to a third party without the prior and unanimous agreement of the Governing Board. The Commission shall be notified of such agreement and shall have the right to object. Amendment 50 Proposal for a regulation Annex I – clause 6 – point c (c)  at least one representative of Associated Members per Innovation Programme, referred to in clause 1(3). These representatives will be designated by the Governing Board of the S2R Joint Undertaking, with a view to ensuring balanced representation of actors from the entire rail value chain, as well as from outside the traditional rail sector. (c)  at least one representative of Associated Members per Innovation Programme, referred to in clause 1(3). Associated Member fulfilling, as a single legal entity, the criteria listed in clause 1(2), [meaning an own contribution of at least 30 million] and that contributes to meeting the objectives in points (a), (b) and (c) of Article 2(2), shall be represented in the Governing Board. The other representatives shall be designated by the Governing Board of the S2R Joint Undertaking, with a view to ensuring balanced representation of actors, in terms of territorial representation and guaranteeing the representation of the entire rail value chain, as well as from outside the traditional rail sector. At least two of these should be representatives of railway undertakings. Amendment 51 Proposal for a regulation Annex I – clause 7 – paragraph 5 – subparagraph 5 A representative of the European Railway Agency and the chairperson or the vice-chair person of the States Representatives Group shall participate in the meetings of the Governing Board as observers. A representative of the European Railway Agency shall participate in the meetings of the Governing Board as observers. Amendment 52 Proposal for a regulation Annex I – clause 7 – paragraph 5 – subparagraph 5 a (new) The chairperson or the vice-chair person of the States Representatives Group shall have the right to attend meetings of the Governing Board as an observer and take part in its deliberations, but shall have no voting rights. Amendment 53 Proposal for a regulation Annex I – clause 7 – paragraph 5 – subparagraph 5 b (new) The chairperson of the Scientific Committee shall have the right, whenever issues falling within that Committee's tasks are discussed, to attend meetings of the Governing Board as an observer and take part in its deliberations, but shall have no voting rights. Amendment 54 Proposal for a regulation Annex I – clause 8 – paragraph -1 (new) The Commission, within its role in the Governing Board, shall seek to ensure coordination between the activities of the S2R Joint Undertaking and the relevant activities of the Horizon 2020 Framework Programme with a view to promoting synergies when identifying priorities covered by collaborative research. Amendment 55 Proposal for a regulation Annex I – clause 8 – paragraph 1 – point c a (new) (ca)  decide on the final composition of the Governing Board, in particular by selecting the representatives of Associated Members, other than those fulfilling the criteria in clause 1(2). The final selection should ensure a balanced participation of SMEs and of actors from the entire rail value chain, including from outside the traditional rail sector; Amendment 56 Proposal for a regulation Annex I – clause 8 – paragraph 1 – point n a (new) (na)  ensure the transparency of the choice of any subcontracting agreements that may be established within the framework of this Regulation Amendment 57 Proposal for a regulation Annex I – clause 9 – paragraph 1 1.  The Executive Director shall be appointed by the Governing Board, from a list of candidates proposed by the Commission, following an open and transparent selection procedure. 1.  The Executive Director shall be appointed by the Governing Board on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of candidates proposed by the Commission, after an open and transparent competition, following the publication of a call for expressions of interest in the Official Journal of the European Union and elsewhere. The European Parliament shall be entitled to object. Before being appointed, the candidate selected by the Governing Board shall answer the questions by the members of the Committee on Industry, Research and Energy and the Committee on Budgetary Control of the European Parliament. Amendment 58 Proposal for a regulation Annex I – clause 10 – paragraph 4 – point g a (new) (ga)  inform the States Representatives Group and the Scientific Committee regularly of all matters relevant to their advisory role; Amendment 59 Proposal for a regulation Annex I – clause 11 – introductory part The European Railway Agency shall have observer status on the Governing Board and contribute to the definition and implementation of the S2R Master Plan, in particular by performing the following advisory tasks: The European Railway Agency shall contribute to the definition and implementation of the S2R Master Plan, in particular by performing the following advisory tasks: Amendment 60 Proposal for a regulation Annex I – clause 11 – point a (a)  proposing possible amendments to the S2R Master Plan and to the annual work plans, in particular to ensure that research needs relating to the realisation of the Single European Railway Area are covered; (a)  proposing possible amendments to the S2R Master Plan and to the annual work plans, in particular to ensure that research needs relating to the realisation of the Single European Railway Area are covered and ascertaining their relevance to the objectives identified in Article 2(2); Amendment 61 Proposal for a regulation Annex I – clause 11 – point b (b)  proposing, after consultation with the stakeholders referred to in Article 2(1)(e) of this Regulation, technical standards for research, development and validation activities with a view to guaranteeing the interoperability and safety of results; (b)  proposing, after consultation with the stakeholders referred to in Article 2(1)(e) of this Regulation, guidelines for research and development activities leading to technical standards with a view to guaranteeing the interoperability and safety of results; Amendment 62 Proposal for a regulation Annex I – clause 13 – paragraph 5 – point a (a)  the status of relevant national or regional research and innovation programmes and identification of potential areas of cooperation, including deployment of relevant technologies; (a)  the status of relevant national or regional research and innovation programmes and identification of potential areas of cooperation, including deployment of relevant technologies in order to benefit from synergies; Amendment 63 Proposal for a regulation Annex I – clause 13 – paragraph 5 a (new) 5a.  The States Representatives Group shall receive information on a regular basis, among others on the participation in actions funded by the S2R Joint Undertaking, on the outcome of each call and project implementation, on synergies with other relevant Union programmes, on the execution of the S2R budget. Amendment 64 Proposal for a regulation Annex I – clause 13 – paragraph 6 6.  The States Representatives Group may issue, on its own initiative, recommendations to the S2R Joint Undertaking on technical, managerial and financial matters, in particular when those matters affect national or regional interests. The S2R Joint Undertaking shall inform the States Representatives Group of the follow up it has given to such recommendations. 6.  The States Representatives Group may issue, on its own initiative, recommendations to the Governing Board on technical, managerial and financial matters, in particular when those matters affect national or regional interests. The Governing Board shall inform the States Representatives Group of the follow up it has given to such recommendations. Amendment 65 Proposal for a regulation Annex I – clause 14 – paragraph 1 1.  In order to carry out the tasks provided for in clause 2, the Governing Board of the S2R Joint Undertaking can set up a limited number of working groups to carry out activities which are delegated to it by the Governing Board. These groups shall be composed of professionals and shall work in a transparent manner. 1.  In order to carry out the tasks provided for in clause 2, the Governing Board of the S2R Joint Undertaking can set up a limited number of working groups to carry out activities which are delegated to it by the Governing Board. These groups shall be composed of professionals with relevant expertise including from research organisations, SMEs and railway operators and shall work in a transparent manner. Amendment 66 Proposal for a regulation Annex I – clause 15 – paragraph 3 – point b (b)  in-kind contributions by the members other than the Union and their affiliated entities, consisting of the costs incurred by them in implementing indirect actions less the contribution of the Joint Undertaking and any other Union contribution to those costs. (b)  in-kind or in-cash contributions by the members other than the Union and their affiliated entities, consisting of the costs incurred by them in implementing indirect actions less the contribution of the Joint Undertaking and any other Union contribution to those costs. Amendment 67 Proposal for a regulation Annex 1 – clause 19 1.  The Executive Director shall report annually to the Governing Board on the performance of his duties in accordance with the financial rules of the S2R Joint Undertaking. 1.  The Executive Director shall report annually to the Governing Board on the performance of his duties in accordance with the financial rules of the S2R Joint Undertaking. 2.  By 15 February each year the Executive Director shall submit to the Governing Board for approval an annual activity report on the progress made by the S2R Joint Undertaking in the previous calendar year, in particular in relation to the annual work plan for that year. That report shall include, inter alia, information on the following matters: 2.  Within two months of the closure of each financial year, the Executive Director shall submit to the Governing Board for approval an annual activity report on the progress made by the S2R Joint Undertaking in the previous calendar year, in particular in relation to the annual work plan for that year. That report shall include, inter alia, information on the following matters: (a)  research, innovation and other actions carried out and the corresponding expenditure; (a)  research, innovation and other actions carried out and the corresponding expenditure; (b)  the actions submitted, including a breakdown by participant type, including SMEs, and by country; (b)  the actions submitted, including a breakdown by participant type, including SMEs, and by country; (c)  the actions selected for funding, including a breakdown by participant type, including SMEs, and by country and indicating the contribution of the S2R Joint Undertaking to the individual participants and actions. (c)  the actions selected for funding, including a breakdown by participant type, including SMEs, and by country and indicating the contribution of the S2R Joint Undertaking to the individual participants and actions. Once approved by the Governing Board, the annual activity report shall be transmitted to the States Representatives Group and made publicly available. Once approved by the Governing Board, the annual activity report shall be transmitted to the States Representatives Group and made publicly available. 3.  The S2R Joint Undertaking shall report annually to the Commission in accordance with Article 60(5) of Regulation (EU, Euratom) No 966/2012. 3.   By 1 March of the following financial year, the accounting officer of the S2R Joint Undertaking shall send the provisional accounts to the Commission's accounting officer and the Court of Auditors. 4.  The accounts of the S2RJoint Undertaking shall be examined by an independent audit body as laid down in Article 60(5) of Regulation (EU, Euratom) No 966/2012. The accounts of the S2R Joint Undertaking shall not be subject to examination by the Court of Auditors. By 31 March of the following financial year, the S2R Joint Undertaking shall send the report on the budgetary and financial management to the European Parliament, the Council and the Court of Auditors. On receipt of the Court of Auditors' observations on the S2R Joint Undertaking's provisional accounts pursuant to Article 148 of the Regulation (EU, Euratom) No 966/2012, the accounting officer shall draw up the S2R Joint Undertaking's final accounts and the Executive Director shall submit them to the Governing Board for an opinion. The Governing Board shall deliver an opinion on the S2R Joint Undertaking's final accounts. The Executive Director shall, by 1 July following each financial year, send the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Governing Board's opinion. The final accounts shall be published in the Official Journal of the European Union by 15 November of the following year. The Executive Director shall send the Court of Auditors a reply to its observations made in its annual report by 30 September. The Executive Director shall also send this reply to the Governing Board. 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, in accordance with Article 165(3) of the Regulation (EU, Euratom) No 966/2012.

European Parliament decision of 15 April 2014 on the request for defence of the immunity and privileges of Alexander Mirsky (2014/2026(IMM))

P7_TA(2014)0348 A7-0273/2014

The European Parliament,

–  having regard to the request by Alexander Mirsky of 14 February 2014, announced in plenary on 24 February 2014, for the defence of his immunity and privileges in connection with civil proceedings pending before the Civil Division of the Senate of the Supreme Court of the Republic of Latvia (hereinafter referred to as ‘the Supreme Court’) (ref. C17129611),

–  having regard to Article 8 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 the verbatim report of the proceedings of the plenary sitting of 4 April 2011,

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

–  having regard to the report of the Committee on Legal Affairs (A7-0273/2014),

A.  whereas a Member of the European Parliament, Alexander Mirsky, has requested the defence of his parliamentary immunity in connection with civil proceedings pending before the Supreme Court of the Republic of Latvia; whereas the proceedings in question relate to the decision of the Civil Division of the Riga District Court (hereinafter referred to as ‘the Riga District Court’) to require Alexander Mirsky to retract a statement made in a speech at the European Parliament on 4 April 2011 and to pay LVL 1000 in non-material compensation to the benefit of the allegedly prejudiced applicants;

B.  whereas, according to Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union, Members of the European Parliament may 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 in the exercise of its powers in respect of privileges and immunities, Parliament acts to uphold its integrity as a democratic legislative assembly and to secure the independence of its Members in the performance of their duties;

D.  whereas the Court of Justice has clarified that Article 8 of the Protocol, in the light of its objective of protecting the freedom of speech and independence of Members of the European Parliament and in the light of its wording, which expressly refers to votes cast as well as to opinions expressed by the Members, is in essence intended to apply to statements made by those Members within the very precincts of the European Parliament(2);

E.  whereas immunity under Article 8 of the Protocol must, to the extent that it seeks to protect the freedom of expression and independence of Members of the European Parliament, be considered as an absolute immunity barring any judicial proceedings in respect of an opinion expressed or a vote cast in the exercise of parliamentary duties(3);

F.  whereas the immunity from legal proceedings enjoyed by Members of the European Parliament includes immunity from civil proceedings;

G.  whereas the request by Alexander Mirsky relates to legal proceedings instituted against him in connection with statements made during a one-minute speech at the plenary sitting of 4 April 2011; whereas it is uncontested that Alexander Mirsky was a Member of the European Parliament at the time of the statements in question;

H.  whereas the Jūrmala Town Court has correctly acknowledged that Alexander Mirsky enjoyed the immunity accorded to the Members of the European Parliament by Article 8 of the Protocol and thus rejected the applicants’ claim; whereas, conversely, the Riga District Court has completely ignored the applicability of that provision; whereas a national court has a duty to apply EU primary law;

I.  whereas the legal proceedings brought against Alexander Mirsky are still pending before the Supreme Court of the Republic of Latvia and the final judgment may be in his favour; whereas, however, should the judgment of the Riga District Court be confirmed by the Supreme Court, this would amount to an infringement of EU primary law by the Latvian authorities;

J.  whereas, further to the judgment of the Riga District Court, there has, in fact, been a breach of the privileges and immunities of Alexander Mirsky; whereas, in particular, the circumstances of the case in point constitute a restriction on an opinion expressed in the performance of his parliamentary duties;

1.  Decides to defend the immunity and privileges of Alexander Mirsky;

2.  Calls on the Commission to intervene with the Latvian authorities in order to enforce EU primary law – notably, Article 8 of Protocol No 7 on the privileges and immunities of the European Union – and, if necessary, to initiate a Union law infringement procedure under Article 258 of the Treaty on the Functioning of the European Union;

3.  Instructs its President to forward this decision and the report of its competent committee immediately to the Commission, the relevant authorities of the Republic of Latvia and Alexander Mirsky.

(1) Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C‑200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C‑163/10, ECLI: EU:C:2011:543. (2) Case C-163/10 Patriciello, cited above, paragraph 29. (3) Joined Cases C-200/07 and C-201/07 Marra v De Gregorio and Clemente, cited above, paragraph 27.

European Parliament resolution of 15 April 2014 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 13 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 (application EGF/2012/007 IT/VDC Technologies from Italy) (COM(2014)0119 – C7-0089/2014 – 2014/2025(BUD))

P7_TA(2014)0349 A7-0261/2014

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2014)0119 – C7‑0089/2014),

–  having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund(1), (EGF Regulation),

–  having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020(2), and in particular Article 12 thereof,

–  having regard to 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(3) (IIA of 2 December 2013), and in particular point 13 thereof,

–  having regard to trilogue procedure provided for in point 13 of the IIA of 2 December 2013,

–  having regard to the letter of the Committee on Employment and Social Affairs,

–  having regard to the report of the Committee on Budgets (A7-0261/2014),

A.  whereas the European Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market,

B.  whereas the Union’s financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 2 December 2013 in respect of the adoption of decisions to mobilise the EGF,

C.  whereas Italy submitted application EGF/2012/007 IT/VDC Technologies for a financial contribution from the EGF, following 1 164 redundancies in VDC Technologies SpA and one supplier with 1 146 workers targeted for EFG co-funded measures, during the reference period from 26 February 2012 to 25 June 2012,

D.  whereas the application fulfils the eligibility criteria set up by the EGF Regulation,

1.  Agrees with the Commission that the conditions set out in Article 2(a) of the EGF Regulation are met and that, therefore, Italy is entitled to a financial contribution under that Regulation;

2.  Notes that the Italian authorities submitted the application for EGF financial contribution on 31 August 2012 and regrets that its assessment was made available by the European Commission only on 5 March 2014; deplores the lengthy evaluation period of 19 months and believes that this delay contradicts the aim of the European Globalisation Adjustment Fund to provide a quick aid to workers made redundant;

3.  Considers that the redundancies in VDC Technologies SpA and one supplier (manufacture of television sets, television monitors and displays as well as air-conditioning units) are linked to major structural changes in world trade patterns due to globalisation, referring to serious economic disruption for the sector of manufacture of electrical equipment due to intensified competition from third countries, particularly China;

4.  Recognises the need to draw lessons from numerous EGF applications based on globalisation criterion in a given sector in view of reforming the Union trade policy, both in terms of liberalisation and trade defence instruments;

5.  Notes that the 1 164 redundancies in question along with the 54 redundancies due to the same cause before and after the four-month reference period have a strong negative impact on the labour market and economic situation in the affected area located in the NUTS 3 level region ITI45 Frosinone and in the NUTS 2 level region ITI4 Lazio;

6.  Welcomes the fact that, in order to provide workers with speedy assistance, the Italian authorities decided to initiate the implementation of the personalised services to the affected workers on 30 November 2012, nine months before the EGF application submission and well ahead of the final decision on granting the EGF support for the proposed coordinated package;

7.  Notes that the coordinated package of personalised services to be co-funded includes measures for the reintegration of 1 146 redundant workers into employment such as occupational guidance/ skills assessment, training, service to individuals, support to entrepreneurship, recruitment bonus, participation allowance;

8.  Notes that almost 40% of dismissed workers are older than 55 years; regrets that the package does not contain any specific measures targeting older workers;

9.  Points out that the package contains various types of financial allowances: allowance for workers living with persons who need care, mobility allowance, and participation allowance; points out to relatively high level of recruitment incentive (EUR 6 000 per worker) but welcomes the fact that this measure is conditioned upon offering a permanent contract or a fixed-term contract of 24 months to workers;

10.  Welcomes the fact that the coordinated package of personalised services was consulted with the social partners (trade unions CGIL USB, CISAL, CISL, UIL, UGL) and that a local support network was activated with the involvement of various local partners, and that a policy of equality of women and men as well as the principle non-discrimination will be applied during the various stages of the implementation of and in access to the EGF;

11.  Recalls the importance of improving the employability of all workers by means of adapted training and the recognition of skills and competences gained throughout a worker's professional career; expects the training on offer in the coordinated package to be adapted not only to the needs of the dismissed workers but also to the actual business environment;

12.  Welcomes the fact training is foreseen for every worker targeted by the EGF package; regrets however that the Commission proposal does not describe the areas and sectors in which the training will be offered;

13.  Notes that the information provided on the coordinated package of personalised services to be funded from the EGF includes information on complementarity with actions funded by the Structural Funds; stresses that the Italian authorities confirm that the eligible actions do not receive assistance from other Union financial instruments; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports in order to ensure full respect of the existing regulations and that no duplication of Union-funded services can occur;

14.  Stresses that, in accordance with Article 6 of the EGF Regulation, it shall be ensured that the EGF supports the reintegration of individual redundant workers into stable employment; stresses, furthermore, that EGF assistance can co-finance only active labour market measures which lead to durable, long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements nor measures restructuring companies or sectors;

15.  Welcomes the agreement reached between the European Parliament and the Council regarding the new EGF Regulation, for the period 2014-2020, to reintroduce the crisis mobilisation criterion, to increase Union financial contribution to 60% of the total estimated cost of proposed measures, to increase efficiency for the treatment of EGF applications in the Commission and by the European Parliament and the Council by shortening time for assessment and approval, to widen eligible actions and beneficiaries by introducing self-employed persons and young people and to finance incentives for setting up own businesses;

16.  Approves the decision annexed to this resolution;

17.  Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;

18.  Instructs its President to forward this resolution, including its annex, to the Council and the Commission.

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Globalisation Adjustment Fund, in accordance with Point 13 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 (application EGF/2012/007 IT/VDC Technologies from Italy)

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2014/254/EU.)

(1) OJ L 406, 30.12.2006, p. 1. (2) OJ L 347, 20.12.2013, p. 884. (3) OJ C 373, 20.12.2013, p. 1.

European Parliament resolution of 15 April 2014 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 13 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 (application EGF/2012/004 ES/Grupo Santana from Spain) (COM(2014)0116 – C7-0101/2014 – 2014/2027(BUD))

P7_TA(2014)0350 A7-0260/2014

The European Parliament,

–  having regard to the Commission proposal to the European Parliament and the Council (COM(2014)0116 – C7‑0101/2014),

–  having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 on establishing the European Globalisation Adjustment Fund(1) (EGF Regulation),

–  having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020(2), and in particular Article 12 thereof,

–  having regard to 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(3) (IIA of 2 December 2013), and in particular point 13 thereof,

–  having regard to trilogue procedure provided for in point 13 of the IIA of 2 December 2013,

–  having regard to the letter of the Committee on Employment and Social Affairs,

–  having regard to the report of the Committee on Budgets (A7-0260/2014),

A.  whereas the European Union has set up legislative and budgetary instruments to provide additional support to workers who are suffering from the consequences of major structural changes in world trade patterns and to assist their reintegration into the labour market,

B.  whereas the Union’s financial assistance to workers made redundant should be dynamic and made available as quickly and efficiently as possible, in accordance with the Joint Declaration of the European Parliament, the Council and the Commission adopted during the conciliation meeting on 17 July 2008, and having due regard for the IIA of 2 December 2013 in respect of the adoption of decisions to mobilise the EGF,

C.  whereas Spain submitted application EGF/2012/004 ES/Grupo Santana(4) for a financial contribution from the EGF, following 330 redundancies in Grupo Santana and 15 suppliers and downstream producers with 285 workers targeted for EFG co-funded measures, during the reference period from 15 November 2011 to 15 March 2012,

D.  whereas the application fulfils the eligibility criteria set up by the EGF Regulation,

1.  Agrees with the Commission that the conditions set out in Article 2(c) of the EGF Regulation are met and that, therefore, Spain is entitled to a financial contribution under that Regulation;

2.  Notes the explanations of the Commission that the 330 layoffs within the reference period and the additional 689 redundancies are related to the same collective dismissal procedure and that the dismissals combined with very fragile economic and social situation of the region fulfil the condition of exceptionality of the case in line with Article 2(c) of the EGF Regulation;

3.  Notes that the Spanish authorities submitted the application for EGF financial contribution on 16 May 2012 and regrets that its assessment was made available by the European Commission only on 5 March 2014; deplores the lengthy period of evaluation of 22 months and believes that this delay contradicts the aim of the European Globalisation Adjustment Fund to provide a quick aid to workers made redundant;

4.  Considers that the redundancies in Grupo Santana and 15 suppliers and downstream producers are linked to major structural changes in world trade patterns due to globalisation, referring to a reduction of the EU share in world motor vehicle production and the rapid growth in Asian markets which EU producers are less able to benefit from;

5.  Notes that the 330 redundancies in question along with the 689 redundancies due to the same cause before and after the four-month reference period have a significantly negative impact on employment and the economy at local and NUTS III level, and aggravates already fragile economic situation of the affected territory;

6.  Notes that this is yet another EGF application addressing dismissals in the automotive sector and that with 17 applications this sector has been subject to the most numerous EGF applications submitted both in relation to crisis and to globalisation criterion; points out that this is another case concerning the automotive industry which demonstrates the need for a Union industrial strategy and illustrates how the EGF assists workers in the restructuring process;

7.  Welcomes the fact that the region of Andalucia, where the unemployment rate is much higher than the national and Union average, yet again avails itself of the EGF; points to the fact that EGF has already supported workers of Delphi located in Andalucia (EGF/2008/002 ES/Delphi);

8.  Welcomes the fact that in order to provide workers with speedy assistance, the Spanish authorities decided to initiate the implementation of the personalised services to the affected workers on 1 August 2011, ten months before EGF application submission and well ahead of the final decision on granting the EGF support for the proposed coordinated package;

9.  Notes that the coordinated package of personalised services to be co-funded includes measures for the reintegration of 285 redundant workers into employment such as vocational on-the-job training, counselling to business projects, active job search assistance and job matching;

10.  Welcomes the fact that the training offered is of considerable length and that it will be complemented with on-the-job activities; welcomes the fact that the training will be matched to the skills and qualifications needs of the enterprises settling in the business park, which makes part of the measures provided in addition to the EGF funded package;

11.  In this context, welcomes the fact that the city of Linares, heavily affected by the closure of Santana (and of its suppliers) which was the main employer in the municipality, took a global and comprehensive approach reflected in the strategy of rehabilitation of Grupo Santana business park to attract new investors; is of the view that the fact that the city of Linares decided to improve the environment for businesses will boost the effect of the EGF measures targeting workers;

12.  Welcomes the fact that the city of Linares consulted the package with the social partners (trade unions MCA-UGT Andalucía and Federación de la industria de CCOO-Andalucía) and that the social partners are monitoring the implementation of the measures, and that a policy of equality of women and men as well as the principle of non-discrimination will be applied during the various stages of the implementation of and in access to the EGF;

13.  Recalls the importance of improving the employability of all workers by means of adapted training and the recognition of skills and competences gained throughout a worker's professional career; expects the training on offer in the coordinated package to be adapted not only to the needs of the dismissed workers but also to the actual business environment;

14.  Points out the fact that the EGF will provide "training wage" allowances amounting to 150% of the Spanish minimum wage; welcomes however the confirmation of the Commission that those allowances do not substitute the unemployment benefits and will be provided in addition to the unemployment benefits paid out under the national legislation; stresses in this context that the new EGF regulation for 2014-2020 will limit the inclusion of financial allowances in the package to a maximum of 35% of the cost of the measures and that accordingly the rate of allowances within the coordinated package for this demand will not repeat under this new regulation;

15.  Welcomes the Spanish regional and Linares local authorities initiative to invest in the industrial facilities and promotion of the renewed industrial area in order to attract new companies and to diversify its industrial structure rather than focusing on the automotive sector; underlines that these efforts are not submitted for EGF co-financing and are financed by regional and local budgets under severe constrains after the loss of tax income due to the plant closure;

16.  Notes that the information provided on the coordinated package of personalised services to be funded from the EGF includes information on complementarity with actions funded by the Structural Funds; stresses that the Spanish authorities confirm that the eligible actions do not receive assistance from other Union financial instruments; reiterates its call to the Commission to present a comparative evaluation of those data in its annual reports in order to ensure full respect of the existing regulations and that no duplication of Union-funded services can occur;

17.  Stresses that, in accordance with Article 6 of the EGF Regulation, it shall be ensured that the EGF supports the reintegration of individual redundant workers into stable employment; stresses, furthermore, that EGF assistance can co-finance only active labour market measures which lead to durable, long-term employment; reiterates that assistance from the EGF must not replace actions which are the responsibility of companies by virtue of national law or collective agreements nor measures restructuring companies or sectors;

18.  Welcomes the agreement reached between the European Parliament and the Council regarding the new EGF Regulation, for the period 2014-2020, to reintroduce the crisis mobilisation criterion, to increase Union financial contribution to 60% of the total estimated cost of proposed measures, to increase efficiency for the treatment of EGF applications in the Commission and by the European Parliament and the Council by shortening time for assessment and approval, to widen eligible actions and beneficiaries by introducing self-employed persons and young people and to finance incentives for setting up own businesses;

19.  Approves the decision annexed to this resolution;

20.  Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;

21.  Instructs its President to forward this resolution, including its annex, to the Council and the Commission.

ANNEX

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the mobilisation of the European Globalisation Adjustment Fund, in accordance with Point 13 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 (application EGF/2012/004 ES/Grupo Santana from Spain)

(The text of this annex is not reproduced here since it corresponds to the final act, Decision 2014/253/EU.)

(1) OJ L 406, 30.12.2006, p. 1. (2) OJ L 347, 20.12.2013, p. 884. (3) OJ C 373, 20.12.2013, p. 1. (4) Santana Motor S.A.U.; Santana Motor Andalucía S.L.U. and Santana Militar S.L.U.

European Parliament legislative resolution of 15 April 2014 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council Deposit Guarantee Schemes (recast) (05199/1/2014 – C7-0094/2014 – 2010/0207(COD))

P7_TA(2014)0351 A7-0216/2014

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (05199/1/2014 – C7‑0094/2014),

–  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 Danish Parliament, the German Bundestag, the German Bundesrat and the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Central Bank of 16 February 2011(1),

–  having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2010)0368),

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

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

–  having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs (A7-0216/2014),

1.  Approves the Council position at first reading;

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

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

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

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

(1) OJ C 99, 31.3.2011, p. 1. (2) OJ C 249 E , 30.8.2013, p. 81.

European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council on the deployment of alternative fuels infrastructure (COM(2013)0018 – C7-0022/2013 – 2013/0012(COD))

P7_TA(2014)0352 A7-0444/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0018),

–  having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0022/2013),

–  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 22 May 2013(1),

–  having regard to the opinion of the Committee of the Regions of 4 July 2013(2),

–  having regard to the undertaking given by the Council representative by letter of 26 March 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 Transport and Tourism and the opinion of the Committee on Industry, Research and Energy (A7-0444/2013),

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 15 April 2014 with a view to the adoption of Directive 2014/…/EU of the European Parliament and of the Council on the deployment of alternative fuels infrastructure

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/94/EU.)

(1) OJ C 271, 19.9.2013, p. 111. (2) OJ C 280, 27.9.2013, p. 66.

European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council amending Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (COM(2013)0195 – C7-0102/2013 – 2013/0105(COD))

P7_TA(2014)0353 A7-0256/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0195),

–  having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0102/2013),

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

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

–  after consulting the Committee of the Regions,

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

–  having regard to the report of the Committee on Transport and Tourism (A7-0256/2014),

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 15 April 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic

(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 91 thereof,

Having regard to the proposal from the European Commission,

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

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

after consulting the Committee of the Regions,

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

Whereas:

(1)  The White Paper ‘Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system’ published in 2011 emphasised the need to reduce greenhouse gas emissions, particularly carbon dioxide (CO2) emissions, by 60 % in comparison with 1990 levels by 2050, as well as by 20 % by 2020. [Am. 1]

(1a)  As there are currently no policies in place to deal with the rising CO2 emissions from trucks, the Commission should assess the introduction of fuel efficiency standards for trucks, further extending its legislative approach in respect of cars and vans. [Am. 2]

(2)  In this context, the White Paper proposed to adapt Council Directive 96/53/EC(4) in the aim of reducing energy consumption and greenhouse gas emissions, so as to adapt the legislation to technological developments and changing market needs and to facilitate intermodal transport.

(3)  Technological developments include the possibility of attaching retractable or foldable aerodynamic devices to the rear of vehicles, mainly trailers or semi-trailers, but which then exceed the maximum lengths allowed under Directive 96/53/EC. This equipment may be installed as soon as this Directive enters into force, as the products are available on the market and already used in other continents. The same applies to energy-absorbing aerodynamic cowls and underrun protective devices affixed in the area of the wheels on the sides and at the rear under the trailers, semi-trailers and vehicles. These can significantly improve the energy efficiency of the vehicle while also significantly reducing the risk of injury to other road users. This Directive should also encourage and facilitate innovation in vehicle and transport unit design. [Am. 3]

(3a)  The Commission should develop an approach aimed at reducing empty runs in road freight transport within the framework of measures concerning ‘weights and dimensions’, as well as minimum harmonisation rules for road cabotage, in order to avoid dumping practices. Furthermore, the review of Directive 1999/62/EC of the European Parliament and of the Council(5) ("the Eurovignette Directive") should also be used to reflect progress in estimating the external costs, and to mandate the internalisation of external costs, for heavy goods vehicles. The Commission should present, before 1 January 2015, a proposal to amend the Eurovignette Directive. [Am. 4]

(4)  Heavy-good vehicles are responsible for about 26 % of road transport CO2 emissions in Europe while their fuel efficiency has hardly improved over the last 20 years. The improved aerodynamics of the cabs of motor vehicles would also allow significant gains on in the energy performance of vehicles, in conjunction with the devices mentioned in recital 3 above, and are urgently needed in order for the road freight sector to significantly reduce vehicle emissions. However, this improvement is impossible under the current maximum lengths set by Directive 96/53/EC without reducing the vehicle load capacity and threatening the economic equilibrium of the sector. Therefore a derogation from this maximum length is required. Any such derogation should not be used to increase the payload of the vehicle. [Am. 5]

(5)  In its policy orientations on road safety 2011-2020, the Commission set out measures to make vehicles safer and better protect vulnerable road users. The importance of visibility for vehicle drivers was also underlined in the Commission’s report to the European Parliament and the Council on the implementation of Directive 2007/38/EC of the European Parliament and of the Council(6). A new cab profile will also contribute to improving road safety by reducing the blind spot in the drivers’ vision, including under the windscreen and to the side of the vehicle, which should help save the lives of many vulnerable road users such as pedestrians or cyclists. The new cab profile should therefore, after an appropriate transitional period, become mandatory. This new profile could should also incorporate energy absorption structures in the event of a collision. The potential gain in the volume of the cab would also improve the driver’s comfort and safety. [Am. 6]

(6)  Aerodynamic devices and their installation in vehicles must be tested, in accordance with the test procedure for the measurement of aerodynamic performance which is being developed by the Commission, before being put on the market. To this end, Member States are to issue certificates that will be recognised by other Member States. The Commission should develop detailed technical guidelines on the application and requirements for certificates. [Am. 7]

(6a)  The 2011 White Paper on Transport provides that 30 % of road freight carried over distances of more than 300 km should shift to other modes, such as rail or waterborne transport, by 2030, and more than 50 % by 2050, facilitated by efficient and green freight corridors. In order to meet this goal, appropriate infrastructure will need to be developed. This goal was approved by the European Parliament in its resolution of 15 December 2011 on the Roadmap to a Single European Transport Area – Towards a competitive and resource efficient transport system(7). [Am. 8]

(6b)  In order to meet the objectives of the 2011 White Paper on Transport, the revision of Directive 96/53/EC will present an opportunity to improve the safety and comfort of drivers, taking into account the requirements laid down in Council Directive 89/391/EEC(8) ("the Occupational Health and Safety Framework Directive"). [Am. 9]

(7)  Longer vehicles may be used in cross-border transport if the two Member States concerned already allow it and if the conditions for derogation under Article 4(3), (4) or (5) of the Directive are met. The European Commission has already provided guidance on the application of Article 4 of the Directive. The transport operations referred to in Article 4(4) do not have a significant impact on international competition if the cross-border use remains limited to two Member States where the existing infrastructure and the road safety requirements allow it. This balances the Member States’ right under the principle of subsidiarity to decide on transport solutions suited to their specific circumstances with the need to prevent such policies from distorting the internal market. The provisions of Article 4 (4) are clarified in this respect. [Am. 10]

(8)  Using alternative engines that no longer rely only on fossil fuels and are therefore non-polluting or less polluting, such as electric or hybrid engines for heavy-duty vehicles or buses (mainly in urban or suburban environments) generates extra weight which should not be counted at the expense of the effective load of the vehicle so that the road transport sector is not penalised in economic terms. Vehicles equipped with low-carbon technologies should be permitted to exceed the maximum weight by up to one tonne, depending on the weight required for the technology. However, the extra weight should not increase the load capacity of the vehicle. The principle of technological neutrality should be maintained. [Am. 11]

(9)  The White Paper on Transport also stresses the need to monitor developments in intermodal transport, particularly in the area of containerisation, where 45-foot containers are increasingly used. They are transported by rail or inland waterways. But the road components of intermodal journeys can only be undertaken today if both the Member States and the transporters follow cumbersome administrative procedures or if these containers have patented chamfered corners, the cost of which is prohibitive. Increasing the length of the vehicles transporting them by 15 cm could eliminate these administrative procedures for transporters and facilitate intermodal transport, without risk or prejudice to the infrastructure or other road users. The small increase that this 15 cm represents in relation to the length of an articulated truck (16,50 m) does not constitute an additional risk to road safety. In the policy orientation of the White Paper on Transport, this increase is however authorised only for intermodal transport, for which the road component does not exceed 300 km for operations involving a rail, river or sea component. This distance appeared sufficient to link an industrial or commercial site with a freight terminal or a river port. To link a seaport and support the development of motorways of the sea, a longer distance is possible for a short intra-European maritime transport operation. [Am. 12]

(10)  To further promote intermodal transport and take into account the unladen weight of 45-foot containers, the provision authorising the circulation of 44-tonne combinations of vehicles with 5 or 6 axles transporting 40-foot containers in intermodal transport should be extended to those carrying 45-foot containers.

(11)  Since the adoption of Directive 96/53/EC, the average weight of bus passengers and their luggage has increased substantially, leading to a gradual reduction in the number of passengers carried, given the weight limits imposed by the Directive. The need to promote public transport over private transport in the interests of better energy efficiency means that the previous number of bus passengers must be re-established, taking into account this increase in their weight and that of their luggage. This can be done by increasing the authorised weight for buses with two axles, within limits that nonetheless ensure that the infrastructure is not damaged through faster erosion.

(12)  The authorities responsible for enforcing road transport-related requirements note a high number of infringements, sometimes serious, particularly in relation to the weight of transport vehicles. This situation stems from the insufficient number of checks conducted under Directive 96/53/EC, or from their inefficiency. Furthermore, the procedures and rules for checks differ between Member States, creating legal uncertainty for drivers of vehicles operating in several Member States of the Union. Furthermore, transporters that do not comply with the relevant rules enjoy a significant competitive advantage over competitors that do comply with the rules, and over other modes of transport. This situation constitutes an obstacle to the proper functioning of the internal market and a risk to road safety. It is therefore important that Member States increase the pace and efficiency of checks carried out, both the manual checks and the pre-selections for manual checks, based on a risk-rating system. [Am. 13]

(13)  Simple technological solutions, fixed or mobile, are now available that allow inspectors to preselect vehicles suspected of infringements without stopping the vehicles in question, which is less disadvantageous in terms of traffic flow, less onerous and allows optimal safety conditions. Some devices may be installed onboard heavy goods vehicles and give the driver a way of checking whether his or her vehicle is compliant with the law. These onboard devices may also use a microwave communication interface to communicate their data to officials or to roadside automatic inspection systems without stopping the vehicle. The pre-selection should have a minimum threshold of one weighing per 2 000 vehicle kilometres to ensure the effectiveness of the roadside checks on the territory of the Union, because this would allow every vehicle to be checked on a statistical average of every three days.

(14)  The observation of a high number of infringements of the provisions of Directive 96/53/EC is to a large extent due to the non-deterrent level of penalties prescribed by Member States’ legislation for violations of these rules, or even the absence of any such penalties. This weak point is further compounded by the wide variety in the levels of administrative penalties applicable in the different Member States. To remedy these weak points, the levels and categories of administrative penalties for infringements of Directive 96/53/EC should be approximated at Union level. These administrative penalties should be effective, proportionate, and dissuasive and non-discriminatory. [Am. 14]

(15)  The inspection authorities in the Member States must be able to exchange information to make checking the weight of vehicles or vehicle combinations more effective at international level, and to facilitate the smooth operation of these checks, in particular the identification of offenders, the description of offences and penalties applied, and the state of good repute of the undertaking concerned. The contact point designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council(9) could serve as a relay for this exchange of information.

(16)  The European Parliament and the Council should be regularly informed of the checks on road traffic carried out by the Member States through their respective contact points. This information, provided by the Member States, will enable the Commission to ensure compliance with this Directive by hauliers and to define whether or not additional coercive measures should be developed. [Am. 15]

(16a)  The Commission should review Annex I to Directive 96/53/EC and report on its implementation, taking into account, inter alia, impacts on international competition, modal split, costs of infrastructure adaption and the environmental and safety objectives of the European Union as set in the 2011 White Paper on Transport. [Am. 16]

(17)  The Commission should be empowered to adopt delegated acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, to define the requirements imposed on new aerodynamic and underrun protective devices placed at the sides and in the rear of the vehicle or the design of new motor vehicles, with a view to reviewing European type-approval procedures as referred to in Directive 2007/46/EC of the European Parliament and of the Council(10) within the framework of UNECE regulations, as well as the technical specifications to ensure full interoperability of onboard weighing devices, and guidelines on the procedures for checking the weight of vehicles in circulation. It is particularly important that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The consultations should include the interested parties such as manufacturers, drivers, road safety associations, traffic authorities, and training centres. The Commission, when preparing and drawing-up delegated acts, shall ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council shall publish a report on the results of the consultation. The interested parties should be left sufficient time to comply with these requirements. [Am. 17]

(18)  Since the objectives of this Directive cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects of this Directive, be better achieved at Union level, the Union may take the necessary measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in the same Article, this Directive does not exceed what is necessary in order to achieve that objective.

(19)  Directive 96/53/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 96/53/EC is hereby amended as follows:

(1)  The references to Council Directive 70/156/EEC are replaced by a reference to Directive 2007/46/EC.

(2)  The following definitions are added to the first subparagraph of Article 2:

–  ‘hybrid propulsion vehicle’ ‘low carbon technology’ means technology which does not fully rely on fossil oil sources in the energy supply to transport and which significantly contribute to the decarbonisation of transport. The sources include: a vehicle within the meaning of 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(11), equipped with one or more traction motor(s) operated by electric power and not permanently connected to the grid and one or more traction motor(s) operated by internal combustion;

–  electricity,

–  hydrogen,

–  synthetic fuels,

–  advanced Biofuels,

–  natural gas, including biomethane, in gaseous form (compressed natural gas – CNG) and liquefied form (liquefied natural gas – LNG), and

–  waste heat. [Am. 18]

—  ‘electric vehicle’ means a vehicle within the meaning of 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(12), equipped with one or more traction motor(s) operated by electric power and not permanently connected to the grid; [Am. 19]

–  ‘intermodal transport loading unit’ means a unit belonging to one of the following categories: container, swap body, semi-trailer; [Am 20. This amendment applies throughout the text]

(a)  The word ‘national’ is deleted from points (a) and (b) of paragraph 1. [Am. 21]

(b)  The first phrase of the second subparagraph of Article 4(4) is replaced by the following phrase:"

‘Transport operations shall be considered to not significantly affect international competition in the transport sector if they take place on the territory of a Member State or, for a cross-border operation, between only two neighbouring Member States who have both adopted measures taken in application of this paragraph, and if one of the conditions under (a) and (b) is fulfilled:’ [Am. 22]

(3)  Article 4(6) is deleted.

(4)  Article 5 is amended as follows:

(a)  The words ‘Without prejudice to Article 4 (6):’ are deleted.

(b)  Point (b) is deleted.

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

"Article 8

1.  With the aim of improving the aerodynamic performance of vehicles or combinations of vehicles, vehicles or combinations of vehicles equipped with devices that meet the criteria set out below may exceed the maximum lengths provided for in point 1.1 of Anne x I by up to 500 mm. The only purpose of these exceedances is to allow the addition to the rear of vehicles or vehicle combinations of devices increasing their aerodynamic characteristics. [Am. 23]

2.  The performance and safety requirements to be met by the devices referred to in the first paragraph are as follows:

The exceedances of maximum lengths do not increase the load capacity of vehicles or combinations of vehicles. [Am. 28]

3.  Before being put on the market, the additional aerodynamic devices and their installation on vehicles shall be authorised by the Member States, which within the framework of Directive 2007/46/EC of the European Parliament and of the Council*. Member States shall issue a certificate to this effect, attesting compliance with the requirements mentioned in paragraph 2 above and indicating that the device contributes significantly to improving aerodynamic performance. The certificates of authorisation issued in one Member State shall be recognised by the other Member States. [Am. 29]

4.  The Commission shall be empowered to adopt delegated acts in accordance with Article 16, to complement the requirements referred to in paragraph 2. These shall take the form of technical characteristics, minimum levels of performance, design constraints, and procedures for the establishment of the test certificate referred to in paragraph 3. The delegated acts shall be, for the first time, adopted no later than 2 years after the publication of this Directive. [Am. 30]

When exercising its power, the Commission shall ensure coherence with the Union's legal acts on type approval. [Am. 31]

5.  Pending the adoption of the delegated acts, the vehicles or combinations of vehicles equipped with aerodynamic devices to the rear, which meet the requirements referred to in paragraph 2 and were tested in accordance with paragraph 3 may circulate if their length exceeds the length laid down in Annex I, point 1.1 by no more than two metres. This transitional measure shall apply from the date of entry into force of this Directive. [Am. 32]

___________________

* 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 (OJ L 263, 9.10.2007, p. 1). "

(6)  Article 8a is deleted.

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

"Article 9

1.  In the aim of improving the aerodynamic performance and road safety of vehicles or combinations of vehicles, vehicles or combinations of vehicles that meet the criteria set out in paragraph 2 below may exceed the maximum lengths provided for in point 1.1 of Annex I. The main purpose of these exceedances is to allow the construction of tractor cabs improving the aerodynamic characteristics of vehicles or combinations of vehicles, and improving road safety for vulnerable road users and vehicles involved in rear-end collisions. [Am. 33]

2.  The performance and safety requirements to be met by the cabs referred to in the first paragraph are as follows:

The exceedances of the maximum length shall not lead to the increase in the load capacity of vehicles or combinations of vehicles.

2a.  With the aim of improving the driver’s safety and comfort, and ultimately to ensure the improvement of road safety of the vehicles in the scope of this Directive, the safety and comfort requirements referred to in Article 9(2) to be met by the driver’s cabs are as follows:

3.  Before they are put on the market, the aerodynamic and safety performance of new motor vehicle designs shall be tested within the framework of Directive 2007/46/EC by Member States, who will issue a certificate to this end. This will certify compliance with the requirements of paragraph 2 above. The test of the aerodynamic performance of these vehicles shall be in line with the relevant rules for measurement of aerodynamic performance developed by the Commission. The test certificates issued in one Member State shall be recognised by the other Member States. [Am. 39]

3a.  New N2 and N3 vehicles and combination of vehicles shall use cabs that comply with the safety requirements referred to in Article 9(2) from [seven years from the entry into force of this Directive]. [Am. 40]

4.  The Commission shall be empowered to adopt delegated acts in accordance with Article 16 and in line with the existing UN ECE regulations, to complement the requirements which the new tractor cabs must meet, and which are referred to in paragraph 2. These shall take the form of technical characteristics, minimum levels of safety and aerodynamic performance, design constraints, and procedures for the establishment of the test certificate referred to in paragraph 3. The delegated acts shall be, for the first time, adopted no later than 2 years after the publication of this Directive. [Am. 41]

____________________

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

(8)  In Article 10, the words ‘from the date in Article 11’ are replaced by the words ‘17 September 1997’.

(9)  Article 10a is replaced by the following:"

"Article 10a

The maximum weights of vehicles with hybrid propulsion or fully electric propulsion equipped with low carbon technologies shall be those set out in Annex I, point 2.3.12.3.4. [Am. 42]

The vehicles with hybrid or electric propulsion equipped with low-carbon technologies must however comply with the limits set out in Annex I point 3: maximum authorized axle weight." [Am. 43]

(10)  Article 11 is replaced by the following:"

"Article 11

The maximum dimensions laid down in Annex I points 1.1 and 1.6 may be exceeded by 15 cm for vehicles or combinations of vehicles engaged in the transport of 45-foot containers or swap bodies, if the road transport of the container or swap body is part of an intermodal a combined transport operation. [Am. 44]

For the purposes of this Article, and of point 2.2.2(c) of Annex I, an intermodal transport operation shall include at least rail, river or sea transport at least. It shall also include a road section for its initial and/or terminal journey. Each of these road sections shall be less than 300 km in the territory of the European Union or just as far as the closest terminals between which there is a regular service. A transport operation shall also be regarded as intermodal transport if it uses intra-European short sea shipping, regardless of the lengths of the initial and terminal road journeys. The initial road journey and the terminal road journey for an operation using intra-European short sea shipping takes place from the point where the goods are loaded to the nearest appropriate seaport for the initial leg, and/or where appropriate between the nearest appropriate seaport and the point where the goods are unloaded for the final leg By 2017, the Commission shall, if appropriate, make a legislative proposal to amend Council Directive 92/106/EEC* and, in particular, the existing definition of combined transport, in order to take into account the development of containerisation and in view of facilitating the development of efficient intermodal transport. [Am. 45]

_____________________

* Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38). "

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

"Article 12

1.  The Member States shall establish a system for pre-selecting, and targeting and carrying out checks on vehicles or combinations of vehicles in circulation, in order to ensure compliance with the requirements of this Directive. [Am. 46]

Member States shall ensure that the information concerning the number and severity of any infringements of this Directive that an individual undertaking has committed is introduced into the risk rating system established under Article 9 of Directive 2006/22/EC of the European Parliament and of the Council*. [Am. 47]

When identifying vehicles to be subject to checks, Members States may select as a priority vehicles operated by undertakings with a high-risk profile as referred to in Directive 2006/22/EC. Vehicles may also be selected randomly for checks. [Am. 48]

2.  After the expiry of a period of two years from the date of entry into force of this Directive, Member States shall measure the weight of vehicles or combination of vehicles in circulation. The purpose of these pre-selection measures is to increase the efficiency of the checks and identify vehicles that are likely to have committed an offence and that should be checked manually. These measures may be taken with the aid of automatic systems set up on the infrastructure, or onboard systems installed in vehicles in line with paragraph 6 below. The automatic systems must enable the identification of the vehicles suspected of exceeding the maximum authorised weights. As these automatic systems are only to be used for pre-selection purposes, and not to define an offence, they do not have to be certified by the Member States. The onboard systems may be integrated with digital tachographs installed in vehicles in line with Regulation (EU) No 165/2014 of the European Parliament and of the Council**. [Am. 49]

3.  Member States shall take a number of preselection measures equivalent to at least one weighing per 2 000 vehicle kilometres per year on average.

4.  Member States shall ensure that the competent authorities exchange the information necessary to make these checks more effective at EU level, and to facilitate their conduct, notably through the national contact point responsible for the exchange of information with the other Member States. This necessary information shall include in particular the identification of offenders, the description of the offences committed and penalties imposed, and the reputation of the company concerned. The contact point is designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council***.

5.  Vehicles suspected of being overweight following the pre-selection procedure conducted pursuant to paragraph 2 shall be subject to at least one of the following measures:

6.  In accordance with paragraph 1, Member States shall encourage the equipment of new N2 and N3 vehicles and vehicle combinations shall be fitted with onboard weighing devices systems (total weight and axle load) to that enable the weight data to be communicated at any time from a moving vehicle to an authority carrying out roadside inspections or responsible for regulating the transport of goods from [five years from the entry into force of this Directive]. This communication shall be through the interface defined by the CEN DSRC**** standards EN 12253, EN 12795, EN 12834, EN 13372 and ISO 14906. The information shall also be accessible for the driver. [Am. 50]

7.  The Commission shall be empowered to adopt delegated acts, in accordance with Article 16, concerning:

7a.  The Commission shall assess whether the onboard systems, when interconnected to the digital tachograph, can be useful to enforce other road transport legislation. The Commission shall, if appropriate, come forward with legislative proposals. [Am. 52]

_____________

* Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35).

** Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).

*** 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 (OJ L 300, 14.11.2009, p. 51).

**** DSRC: Dedicated Short-Range Communications. "

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

"Article 13

1.  Infringements of this Directive are divided into different categories according to their severity.

2.  An overload of less than 52 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a penalty, if the national legislation provides for this type of penalty; [Am. 53]

3.  An overload of between 52 % and 1015 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered as a minor offence within the meaning of this Directive, and shall give rise to a financial penalty. The inspection authorities may also immobilise the vehicle for unloading until it reaches the maximum authorised weight; [Am. 54]

4.  An overload of between 10 and 20 % 15 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a serious infringement within the meaning of this Directive. It shall give rise to a financial penalty and the immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight, [Am. 55]

5.  An overload of more than 20 % 15 % of the maximum authorised weight in points 2, 3, 4.1 and 4.3 of Annex 1 shall be considered a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. This shall give rise to an immediate immobilisation of the vehicle for unloading until it reaches the maximum authorised weight, and to a financial penalty. The procedure leading to the loss of good repute of the transport company shall be implemented in accordance with Article 6 of Regulation (EC) No 1071/2009(13), [Am. 56]

6.  An excess length or excess, height or width of less than 2% 1 % of the maximum dimensions indicated in point 1of Annex 1 shall give rise to a written warning to the transport company, which could give rise to a penalty, if the national legislation provides for such a penalty. [Am. 57]

7.  An excess length or excess, height or width of between 21 and 20% 10 % of the maximum dimensions indicated in point 1 of Annex 1, either of the load on board or of the vehicle itself, shall give rise a financial penalty for the haulier. The inspection authorities shall immobilise the vehicle until its unloading if the excess length or excess width comes from the load or until the transport company obtains a special permit in accordance with Article 4(3); [Am. 58]

8.  An excess length or excess , height or width of the load or of the vehicle of more than 20% 10 %of the maximum dimensions indicated in point 1 of Annex 1 shall be considered as a very serious infringement within the meaning of this Directive, because of the increased risks incurred by other road users. It shall give rise to a financial penalty for the haulier and to the immediate immobilisation of the vehicle by the inspection authorities, until its unloading or until the transport company obtains a special permit in accordance with Article 4(3), if the excess length or excess width comes from the load. The procedure leading to the loss of good repute of the transport company shall be implemented in accordance with Article 6 of Regulation (EC) No 1071/2009. [Am. 59]

9.  The financial penalties referred to in paragraphs 3, 4, 5, 7, and 8 shall be effective, proportionate and dissuasive."

(13)  The following Article is added:"

"Article 14

For the transport of containers, the shipper shall give the road haulier to whom it entrusts the transport of a container, in advance of loading, a written statement indicating the gross weight of the container moved. If this That statement can also be submitted by electronic means. Irrespective of its form, the document declaring the gross weight of the container shall be signed by a person duly authorised by the shipper. If the information on the gross weight of the container information is missing or incorrect, the shipper shall incur liability in the same way as the haulier if the vehicle is overloaded. [Am. 60]

In intermodal transport operations, the information on the gross weight of a packed container shall be provided to the next party taking custody of the container. [Am. 61]

(14)  The following Article is added:"

"Article 15

Every two years in the first quarter of the calendar year, the Member States shall send the Commission a report on the checks carried out in the previous two calendar years, the results of these checks and the penalties imposed on the offenders. The Commission shall produce an analysis of these reports and send it to the European Parliament and the Council in the second quarter of the calendar year."

(15)  The following Article is added:"

"Article 16

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

2.  The power to adopt delegated acts referred to in Article 8(4), Article 9(5) and Article 12(7) shall be conferred on the Commission for an indeterminate a period of time five years from the [date of entry into force of this Directive]. 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. 62]

3.  The delegation of power referred to in Articles 8(4), 9(5) and 12(7) 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 power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5.  A delegated act adopted pursuant to Article 8(4), Article 9(5) and Article 12(7) shall enter into force only if the European Parliament or the Council did not express an objection within a period of two months of notification of that act to these two institutions, or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission of their intention not to raise objections. That period can be extended by two months at the initiative of the European Parliament or the Council."

(15a)  The following Article is added:"

"Article 16a

By 2016, the Commission shall review Annex I to Directive 96/53/EC and submit a report on its implementation to the European Parliament and the Council. On the basis of this report, the Commission, shall, if appropriate, make a legislative proposal duly accompanied by an impact assessment. The report shall be made available at least 6 months prior to any legislative proposal." [Am. 63]

(15b)  The following Article is added:"

"Article 16b

By 1 January 2016 the Commission shall complete a review of this Directive and, if appropriate, on the basis of such a review and its impact assessment, shall submit a proposal to the European Parliament and to the Council by 1 January 2017, to mandate the safety requirements laid down in Article 9(2) for all new M2 and M3 vehicles." [Am. 64]

(16)  Annex I is amended as follows:

(-a)  The following indent shall be added to point 1.1: "

‘- loaded vehicle transporters: 20,75m’ [Am. 65]

(a)  Point 1.2(b) is replaced by the following:"

‘(b) superstructures of conditioned vehicles or vehicles transporting conditioned intermodal transport loading units: 2,60 m’

(aa)  Point 1.4 is replaced by the following:"

"1.4 Removable superstructures and standardized freight items such as containers are included in the dimensions specified in points 1.1, 1.2, 1.3, 1.6, 1.7, 1.8 and 4.4. Due to the indivisible nature of finished vehicles such as new cars loaded upon specialised transporters, such loaded transporters may exceed the dimensions in point 1.1 to the extent that national regulations and infrastructure conditions allow it and as long as these vehicle transporters when empty comply in full with the abovementioned points." [Am. 66]

(b)  Point 2.2.2 (c) is replaced by the following:"

‘(c) two- or three-axle motor vehicle with two or three-axle semi-trailer carrying, in intermodal transport, one or more intermodal transport loading units, for a total maximum length of 40 or 45 footfeet: 44 tonnes.’ [Am. 70]

(c)  Point 2.3.1 is replaced by the following:"

‘(a) two-axle motor vehicles other than buses: 18 tonnes’

‘two-axle motor vehicles other than buses, and with hybrid or electric propulsion: 19 tonnes’ [Am. 67]

‘(b) two-axle buses: 19 19.5 tonnes’ [Am. 68]

(ca)  The following point shall be inserted:"

"2.3.4 Vehicles equipped with low carbon technology:

The maximum weight is that mentioned in point 2.3.1, 2.3.2, 2.3.3 or 2.4 increased by the additional weight required for the low carbon technology, with a maximum of 1 tonne. That additional weight shall be indicated in the official registration documents of the motor vehicle issued by the Member State where the vehicle is registered. In cases where this information is missing, the values mentioned in points 2.3.1., 2.3.2, 2.3.3 or 2.4 shall apply." [Am. 69]

Article 2

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to conform to this Directive not later than 18 months from the date of its publication in the Official Journal of the European Union. They shall immediately 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. Member States shall determine how such reference is to be made.

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 3

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

Article 4

This Directive is addressed to the Member States.

Done at …,

For the European Parliament For the Council

The President The President

(1) OJ C 327, 12.11.2013, p. 133. (2) OJ C 327, 12.11.2013, p. 133. (3) Position of the European Parliament of 15 April 2014. (4) Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorized weights in international traffic (OJ L 235, 17.9.1996, p. 59). (5) Directive 1999/62/EC of the European Parliament and of the Council of 17 June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures (OJ L 187, 20.7.1999, p. 42). (6) Directive 2007/38/EC of the European Parliament and of the Council of 11 July 2007on the retrofitting of mirrors to heavy goods vehicles registered in the Community (OJ L 184, 14.7.2007, p. 25). (7) OJ C 168 E, 14.6.2013, p. 72. (8) Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1). (9) 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 (OJ L 300, 14.11.2009, p. 51). (10) 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 (OJ L 263, 9.10.2007, p. 1.) (11) OJ L 263, 9.10.2007, p. 1. (12) OJ L 263, 9.10.2007, p. 1. (13) OJ L300, 14.11.2009, p. 51.

European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directives 77/91/EEC and 82/891/EEC, Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC and 2011/35/EU and Regulation (EU) No 1093/2010 (COM(2012)0280 – C7-0136/2012 – 2012/0150(COD))

P7_TA(2014)0354 A7-0196/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0280),

–  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 (C7‑0136/2012),

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

–  having regard to the opinion of the European Central Bank of 29 November 2012(1),

–  having regard to the opinion of the European Economic and Social Committee of 12 December 2012(2),

–  having regard to the undertaking given by the Council representative by letter of 20 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 Economic and Monetary Affairs and the opinions of the Committee on Budgets and the Committee on Legal Affairs (A7-0196/2013),

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 15 April 2014 with a view to the adoption of Directive 2014/…/EU of the European Parliament and of the Council establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/59/EU.)

(1) OJ C 39, 12.2.2013, p. 1. (2) OJ C 44, 15.2.2013, p. 68.

European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards depositary functions, remuneration policies and sanctions (COM(2012)0350 – C7-0178/2012 – 2012/0168(COD))

P7_TA(2014)0355 A7-0125/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0350),

–  having regard to Article 294(2) and Article 53(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0178/2012),

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

–  having regard to the opinion of the European Central Bank of 11 January 2013(1),

–  having regard to the undertaking given by the Council representative by letter of 19 March 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 Economic and Monetary Affairs (A7-0125/2013),

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 15 April 2014 with a view to the adoption of Directive 2014/…/EU of the European Parliament and of the Council amending Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards depositary functions, remuneration policies and sanctions

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/91/EU.)

(1) OJ C 96, 4.4.2013, p. 18. (2) This position replaces the amendments adopted on 3 July 2013 (Texts adopted P7_TA(2013)0309).

European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (COM(2013)0266 – C7-0125/2013 – 2013/0139(COD))

P7_TA(2014)0356 A7-0398/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0266),

–  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 (C7‑0125/2013),

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

–  having regard to the opinion of the European Central Bank of 19 November 2013(1),

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

–  having regard to the undertaking given by the Council representative by letter of 4 April 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 Economic and Monetary Affairs and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Legal Affairs (A7-0398/2013),

1.  Adopts its position at first reading hereinafter set out(3);

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 15 April 2014 with a view to the adoption of Directive 2014/…/EU of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/92/EU.)

(1) OJ C 51, 22.2.2014, p. 3. (2) OJ C 341, 22.11.2013, p. 40. (3) This position replaces the amendments adopted on 12 December 2013 (Texts adopted P7_TA(2013)0587).

European Parliament legislative resolution of 15 April 2014 on the proposal for a regulation of the European Parliament and of the Council on key information documents for investment products (COM(2012)0352 – C7-0179/2012 – 2012/0169(COD))

P7_TA(2014)0357 A7-0368/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2012)0352),

–  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 (C7‑0179/2012),

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

–  having regard to the opinion of the European Central Bank of 11 December 2012(1),

–  having regard to the opinion of the European Economic and Social Committee of 14 November 2012(2),

–  having regard to the undertaking given by the Council representative by letter of 4 April 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 Economic and Monetary Affairs and the opinions of the Committee on the Internal Market and Consumer Protection and the Committee on Civil Liberties, Justice and Home Affairs (A7-0368/2013),

1.  Adopts as its position at first reading hereinafter set out(3);

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 15 April 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council on key information documents for packaged retail and insurance based investment products (PRIIPs)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1286/2014.)

(1) OJ C 70, 9.3.2013, p. 2. (2) OJ C 11, 15.1.2013, p. 59. (3) This position replaces the amendment adopted on 20 November 2013 (P7_TA(2013)0489).

European Parliament legislative resolution of 15 April 2014 on the draft regulation of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union by increasing the number of Judges at the General Court (02074/2011 – C7-0126/2012 – 2011/0901B(COD))

P7_TA(2014)0358 A7-0252/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the request by the Court of Justice submitted to Parliament and the Council (02074/2011),

–  having regard to the first paragraph of Article 254 and the second paragraph of Article 281 of the Treaty on the Functioning of the European Union, pursuant to which the draft act was submitted to Parliament (C7-0126/2012),

–  having regard to Article 294(3) and (15) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the Commission (COM(2011)0596),

–  having regard to the letter of the Court of Justice of 8 May 2012,

–  having regard to the letter of the Commission of 30 May 2012,

–  having regard to paragraphs 2 and 3 of its legislative resolution of 5 July 2012 on the draft regulation of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union and Annex I thereto(1),

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

–  having regard to the report of the Committee on Legal Affairs (A7-0252/2013),

1.  Adopts as its position at first reading the text adopted on 12 December 2013(2);

2.  Instructs its President to forward its position to the Council, the Court of Justice, the Commission and the national parliaments.

Position of the European Parliament adopted at first reading on 15 April 2014 with a view to the adoption of Regulation (EU) No …/2014 of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union by increasing the number of Judges at the General Court [Amendment No 1]

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

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

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

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

Having regard to the request of the Court of Justice,

Having regard to the opinion of the Commission,

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

Whereas:

▌

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

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

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

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

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

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

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

▌

HAVE ADOPTED THIS REGULATION:

Article 1

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

▌

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

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

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

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

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

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

(7a)   The following Article is inserted:"

'Article 48a

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

(7b)  The following Article is inserted:"

'Article 48b

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

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

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

▌

▌

Article 3

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

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

The term of office of six of them, chosen by lot, shall end six years after the first partial replacement of the General Court following the entry into force of this Regulation. The term of the other six judges shall end six years after the second partial replacement of the General Court following the entry into force of this Regulation.

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

Done at …,

For the European Parliament For the Council

The President The President

(1) OJ C 349 E, 29.11.2013, p. 555. (2) Texts adopted, P7_TA(2013)0581. (3) Position of the European Parliament of 15 April 2014.

European Parliament legislative resolution of 15 April 2014 on the proposal for a decision of the European Parliament and of the Council on the deployment of the interoperable EU-wide eCall (COM(2013)0315 – C7-0173/2013 – 2013/0166(COD))

P7_TA(2014)0359 A7-0482/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0315),

–  having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0173/2013),

–  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),

–  after consulting the Committee of the Regions,

–  having regard to the undertaking given by the Council representative by letter of 19 March 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 Transport and Tourism and the opinions of the Committee on Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection (A7-0482/2013),

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 15 April 2014 with a view to the adoption of Decision No .../2014/EU of the European Parliament and of the Council on the deployment of the interoperable EU-wide eCall service

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 585/2014/EU.)

(1) OJ C 341, 21.11.2013, p. 47.

European Parliament legislative resolution of 15 April 2014 on the proposal for a regulation of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks (COM(2013)0147 – C7-0082/2013 – 2013/0080(COD))

P7_TA(2014)0360 A7-0455/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0147),

–  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 (C7‑0082/2013),

–  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 Netherlands House of Representatives, the Romanian Chamber of Deputies, the Swedish Parliament and the United Kingdom House of Commons, 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 10 July 2013(1),

–  having regard to the opinion of the Committee of the Regions of 3 July 2013(2),

–  having regard to the undertaking given by the Council representative by letter of 28 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 Industry, Research and Energy (A7-0455/2013),

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 15 April 2014 with a view to the adoption of Directive 2014/.../EU of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/61/EU.)

(1) OJ C 327, 12.11.2013, p. 102. (2) OJ C 280, 27.9.2013, p. 50.

European Parliament legislative resolution of 15 April 2014 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 718/1999 on a Community-fleet capacity policy to promote inland waterway transport (COM(2013)0621 – C7-0265/2013 – 2013/0303(COD))

P7_TA(2014)0361 A7-0142/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0621),

–  having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0265/2013),

–  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 21 January 2014(1),

–  having regard to the opinion of the Committee of the Regions of 31 January 2014(2),

–  having regard to the undertaking given by the Council representative by letter of 7 March 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 Transport and Tourism and the opinion of the Committee on Employment and Social Affairs (A7-0142/2014),

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 15 April 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 718/1999 on a Community-fleet capacity policy to promote inland waterway transport

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 546/2014.)

(1) Not yet published in the Official Journal. (2) Not yet published in the Official Journal.

European Parliament legislative resolution of 15 April 2014 on the proposal for a regulation of the European Parliament and of the Council on information provision and promotion measures for agricultural products on the internal market and in third countries (COM(2013)0812 – C7-0416/2013 – 2013/0398(COD))

P7_TA(2014)0362 A7-0217/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0812),

–  having regard to Article 294(2) and Articles 42 and 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0416/2013),

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

–  after consulting the European Economic and Social Committee,

–  having regard to the undertaking given by the Council representative by letter of 2 April 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 Agriculture and Rural Development (A7-0217/2014),

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 15 April 2014 with a view to the adoption of Regulation (EU) No .../2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and repealing Council Regulation (EC) No 3/2008

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1144/2014.)

European Parliament legislative resolution of 15 April 2014 on the proposal for a decision of the European Parliament and of the Council on the participation of the Union in the Active and Assisted Living Research and Development Programme jointly undertaken by several Member States (COM(2013)0500 – C7-0219/2013 – 2013/0233(COD))

P7_TA(2014)0363 A7-0076/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0500),

–  having regard to Article 294(2), Article 185 and the second paragraph of Article 188 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0219/2013),

–  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 10 December 2013(1),

–  having regard to the undertaking given by the Council representative by letter of 26 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 Industry, Research and Energy and the opinion of the Committee on Women's Rights and Gender Equality (A7-0076/2014),

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 15 April 2014 with a view to the adoption of Decision No .../2014/EU of the European Parliament and of the Council on the participation of the Union in the Active and Assisted Living Research and Development Programme jointly undertaken by several Member States

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 554/2014/EU.)

(1) Not yet published in the Official Journal.

European Parliament legislative resolution of 15 April 2014 on the proposal for a decision of the European Parliament and of the Council on the participation of the Union in a Research and Development Programme jointly undertaken by several Member States aimed at supporting research performing small and medium-sized enterprises (COM(2013)0493 – C7-0220/2013 – 2013/0232(COD))

P7_TA(2014)0364 A7-0077/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0493),

–  having regard to Article 294(2), Article 185 and the second paragraph of Article 188 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0220/2013),

–  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 10 December 2013(1),

–  having regard to the undertaking given by the Council representative by letter of 26 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 Industry, Research and Energy (A7-0077/2014),

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 15 April 2014 with a view to the adoption of Decision No .../2014/EU of the European Parliament and of the Council on the participation of the Union in a Research and Development Programme jointly undertaken by several Member States aimed at supporting research and development performing small and medium-sized enterprises

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 553/2014/EU.)

(1) Not yet published in the Official Journal.

European Parliament legislative resolution of 15 April 2014 on the proposal for a decision of the European Parliament and of the Council on the participation of the Union in a European Metrology Programme for Innovation and Research jointly undertaken by several Member States (COM(2013)0497 – C7-0221/2013 – 2013/0242(COD))

P7_TA(2014)0365 A7-0063/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0497),

–  having regard to Article 294(2) and Article 185 and the second paragraph of Article 188 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0221/2013),

–  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 10 December 2013(1),

–  having regard to the undertaking given by the Council representative by letter of 26 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 Industry, Research and Energy (A7-0063/2014),

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 15 April 2014 with a view to the adoption of Decision No .../2014/EU of the European Parliament and of the Council on the participation of the Union in a European Metrology Programme for Innovation and Research (EMPIR) jointly undertaken by several Member States

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 555/2014/EU.)

(1) Not yet published in the Official Journal.