Index 
Texts adopted
Tuesday, 15 April 2014 - Strasbourg
Non-objection to a delegated act: Fund for European Aid for the Most Deprived
 Resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Bank Resolution Fund ***I
 Protection of consumers in utilities services
 Technical requirements for inland waterway vessels ***I
 Correct application of the law on customs and agricultural matters ***I
 Information in the field of technical regulations and rules on Information Society services ***I
 Accession of Croatia to the 1990 Convention on the elimination of double taxation *
 Shift2Rail Joint Undertaking *
 Request for defence of the parliamentary immunity of Alexander Mirsky
 Mobilisation of the European Globalisation Adjustment Fund - application EGF/2012/007 IT/VDC Technologies
 Mobilisation of the European Globalisation Adjustment Fund - application EGF/2012/004 ES/Grupo Santana
 Deposit Guarantee Schemes ***II
 Alternative fuels infrastructure ***I
 Dimensions and weights of road vehicles circulating within the Community ***I
 Framework for the recovery and resolution of credit institutions and investment firms ***I
 Undertakings for collective investment in transferable securities (UCITS V) ***I
 Payment accounts ***I
 Key information documents for investment products ***I
 Court of Justice of the European Union: number of judges at the General Court ***I
 Deployment of the interoperable EU-wide eCall ***I
 Measures to reduce the cost of deploying high-speed electronic communications networks ***I
 Inland waterway transport ***I
 Agricultural products on the internal market and in third countries ***I
 Active and Assisted Living Research and Development Programme ***I
 Research and Development Programme for research performing SMEs ***I
 European Metrology Programme for Innovation and Research ***I
 European and Developing Countries Clinical Trials Partnership Programme ***I
 European Account Preservation Order ***I
 Disclosure of non-financial and diversity information by certain large companies and groups ***I
 Conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer ***I
 Clean Sky 2 Joint Undertaking *
 Bio-Based Industries Joint Undertaking *
 SESAR Joint Undertaking *
 Innovative Medicines Initiative 2 Joint Undertaking *
 ECSEL Joint Undertaking *
 Fuel Cells and Hydrogen 2 Joint Undertaking *
 Interinstitutional agreement on the transparency register
 Tripartite social summit for growth and employment
 MFF negotiations 2014-2020: lessons to be learned and the way forward
 Enhancing worker mobility by improving the acquisition and preservation of supplementary pension rights ***II
 Food and feed law, rules on animal health and welfare, plant health, plant reproductive material and plant protection products ***I
 Animal health ***I
 Protective measures against pests of plants ***I
 Consumer product safety ***I
 Market surveillance of products ***I
 Markets in financial instruments and amendment of the EMIR Regulation on OTC derivatives, central counterparties and trade repositories ***I
 Markets in financial instruments and repeal of Directive 2004/39/EC ***I
 Statistics in trade ***I
 Securities settlement and central securities depositories ***I
 Marine equipment ***I
 Pressure equipment ***I
 Judgments in civil and commercial matters ***I
 Labour force sample survey ***I
 European Maritime Safety Agency and response to pollution ***I
 Hospitable environment for enterprises, businesses and start-ups to create jobs
 New technologies and open educational resources
 Voting in the context of procedures concerning the immunity of Members (interpretation of the Rules of Procedure)

Non-objection to a delegated act: Fund for European Aid for the Most Deprived
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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)0340B7-0273/2014

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.


Resolution of credit institutions and certain investment firms in the framework of a Single Resolution Mechanism and a Single Bank Resolution Fund ***I
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Resolution
Text
Annex
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)0341A7-0478/2013

(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

P7_TC1-COD(2013)0253


(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).


Protection of consumers in utilities services
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European Parliament resolution of 15 April 2014 on consumer protection – protection of consumers in utilities services (2013/2153(INI))
P7_TA(2014)0342A7-0163/2014

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.


Technical requirements for inland waterway vessels ***I
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Resolution
Consolidated text
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)0343A7-0145/2014

(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

P7_TC1-COD(2013)0302


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.


Correct application of the law on customs and agricultural matters ***I
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Resolution
Consolidated text
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)0344A7-0241/2014

(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

P7_TC1-COD(2013)0410


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:"

‘2. In managing that directory, the Commission shall be empowered:

   (a) to access or extract and store the contents of the data, by any means or in any form, and to use data for the purposes of an administrative or judicial procedure in compliance with legislation applicable to intellectual property rights. The Commission shall put in place adequate safeguards against arbitrary interference by public authorities including technical and organisational measures and transparency requirements towards the data subjects. Data subjects shall be provided with the right of access and correction in relation to data processed for this purpose; [Am. 15]
   (b) to compare and contrast data that are accessible in or extracted from the directory, to index them, to enrich them from other data sources and to analyse them in compliance with Regulation (EC) No 45/2001 of the European Parliament and of the Council*;
   (c) to make the data in this directory available to the authorities referred to in Article 29, using electronic data-processing techniques.

____________________

* 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.

   (a) containers destined to be brought by vessel into the customs territory of the Union from a third country; [Am. 25]
   (b) containers leaving the customs territory of the Union to a third country by vessel. [Am. 26]

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:

   answer the request and provide the requested documentation;
   notify the Commission that the Member State has requested the documentation from the economic operator;
   request, for operational reasons, a further two weeks to fulfil the request; or
   decline the request and notify the Commission that the request was impossible to fulfil by means of due diligence, for instance due to the failure of the economic operator to provide the requested information or by a refusal decision taken by a Member State judicial authority in accordance with Article 3 of this Regulation. [Am. 39]

1b.  If the Member State does not:

   respond with the requested documents;
   notify the Commission that the Member State has requested the documents from the economic operator;
   request, for operational reasons, a further two weeks to fulfil the request; or
   decline the request within the initial three-week period,

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:"

‘2. In particular, both the Member States and the Commission shall take measures:

   (a) to prevent any unauthorised person from having access to installations used for the processing of data;
   (b) to prevent data and data media from being read, copied, modified or deleted by unauthorised persons;
   (c) to prevent the unauthorised entry of data and any unauthorised consultation, modification or deletion of data;
   (d) to prevent data in the CIS from being accessed by unauthorised persons by means of data-transmission equipment;
   (e) to guarantee that, with respect to the use of the CIS, authorised persons have right of access only to data for which they have competence;
   (f) to guarantee that it is possible to check and establish to which authorities data may be transmitted by data-transmission equipment;
   (g) to guarantee that it is possible to check and establish ex post facto what data have been introduced into the CIS, when and by whom, and to monitor interrogation;
   (h) to prevent the unauthorised reading, copying, modification or deletion of data during the transmission of data and the transport of data media.’

"

(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:"

‘1. The period for which data may be stored shall depend on the laws, regulations and procedures of the Member State supplying them. The need for the retention of data shall be reviewed by the supplying Member State. The maximum and non-cumulative periods, calculated from the date of entry of the data in the investigation file, which may not be exceeded are as follows: [Am. 47]

   (a) data concerning current investigation files may not be stored for more than three years without any operation in breach of customs and agricultural legislation being observed; data must be anonymised before that time limit if one year has elapsed since the last observation;
   (b) data concerning administrative enquiries or criminal investigations in which an operation in breach of customs and agricultural legislation has been established but which have not given rise to an administrative decision, a conviction or an order to pay a criminal fine or an administrative penalty may not be stored for more than six years;
   (c) data concerning administrative enquiries or criminal investigations which have given rise to an administrative decision, a conviction or an order to pay a criminal fine or an administrative penalty may not be stored for more than ten years.’

"

(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.


Information in the field of technical regulations and rules on Information Society services ***I
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Resolution
Consolidated text
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)0345A7-0247/2014

(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)

P7_TC1-COD(2010)0095


(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)

Directive 98/34/EC of the European Parliament and of the Council

(OJ L 204, 21.7.1998, p. 37)

 

 

 

Directive 98/48/EC of the European Parliament and of the Council

(OJ L 217, 5.8.1998, p. 18)

 

 

Part 1, Title H of Annex II to Act of Accession 2004

(OJ L 236, 23.9.2003, p. 68)

Only as regards the reference to point 2 of Directive 98/34/EC

 

Council Directive 2006/96/EC

(OJ L 363, 20.12.2006, p. 81)

Only as regards the reference to Article 1 of Directive 98/34/EC

 

Regulation (EU) No 1025/2012 of the European Parliament and of the Council

(OJ L 316, 14.11.2012, p. 12)

Only Article 26(2)

Part B

List of time-limits for transposition into national law

(referred to in Article 10)

Directive

Time-limit for transposition

98/34/EC

-

98/48/EC

5 August 1999

2006/96/EC

1 January 2007

_____________

ANNEX IV

CORRELATION TABLE

Directive 98/34/EC

This Directive

Article 1, first subparagraph, introductory wording

Article 1(1), introductory wording

Article 1, first subparagraph, point (1)

Article 1(1), point (a)

Article 1, first subparagraph, point (2), first subparagraph

Article 1(1), point (b), first subparagraph

Article 1, first subparagraph, point (2), second subparagraph, first indent

Article 1(1), point (b), second subparagraph, point (i)

Article 1, first subparagraph, point (2), second subparagraph, second indent

Article 1(1), point (b), second subparagraph, point (ii)

Article 1, first subparagraph, point (2), second subparagraph, third indent

Article 1(1), point (b), second subparagraph, point (iii)

Article 1, first subparagraph, point (2), third subparagraph

Article 1(1), point (b), third subparagraph

Article 1, first subparagraph, point (2), fourth subparagraph, introductory wording

Article 1(2), introductory wording

Article 1, first subparagraph, point (2), fourth subparagraph, first indent

Article 1(2), point (a)

Article 1, first subparagraph, point (2), fourth subparagraph, second indent

Article 1(2), point (b)

Article 1, first subparagraph, point (3)

Article 1(1), point (c)

Article 1, first subparagraph, point (4)

Article 1(1), point (d)

Article 1, first subparagraph, point (5), first subparagraph

Article 1(1), point (e), first subparagraph

Article 1, first subparagraph, point (5), second subparagraph

Article 1(3)

Article 1, first subparagraph, point (5), third subparagraph

Article 1(4)

Article 1, first subparagraph, point (5), fourth subparagraph

Article 1(5)

Article 1, first subparagraph, point (5), fifth subparagraph, introductory sentence

Article 1(1), point (e), second subparagraph, introductory sentence

Article 1, first subparagraph, point (5), fifth subparagraph, first indent

Article 1(1), point (e), second subparagraph, point (i)

Article 1, first subparagraph, point (5), fifth subparagraph, second indent

Article 1(1), point (e), second subparagraph, point (ii)

Article 1, first subparagraph, point (11), first subparagraph

Article 1(1), point (f), first subparagraph

Article 1, first subparagraph, point (11), second subparagraph, introductory sentence

Article 1(1), point (f), second subparagraph, introductory sentence

Article 1, first subparagraph, point (11) second subparagraph, first indent

Article 1(1), point (f), second subparagraph, point (i)

Article 1, first subparagraph, point (11), second subparagraph, second indent

Article 1(1), point (f), second subparagraph, point (ii)

Article 1, first subparagraph, point (11), second subparagraph, third indent

Article 1(1), point (f), second subparagraph, point (iii)

Article 1, first subparagraph, point (11), third subparagraph

Article 1(1), point (f), third subparagraph

Article 1, first subparagraph, point (11), fourth subparagraph

Article 1(1), point (f), fourth subparagraph

Article 1, first subparagraph, point (12)

Article 1(1), point (g)

Article 1, second subparagraph

Article 1(6)

Article 5

Article 2

Article 6(1) and (2)

Article 3(1) and (2)

Article 6(3), introductory wording

Article 3(3), introductory wording

Article 6(3), second indent

Article 3(3), point (a)

Article 6(3), third indent

Article 3(3), point (b)

Article 6(3), fourth indent

Article 3(3), point (c)

Article 6(4), introductory wording

Article 3(4), introductory wording

Article 6(4), point (c)

Article 3(4), point (a)

Article 6(4), point (d)

Article 3(4), point (b)

Article 6(5) to (8)

Article 3(5) to (8)

Article 7

Article 4

Article 8

Article 5

Article 9(1) to (5)

Article 6(1) to (5)

Article 9(6), introductory wording

Article 6(6), introductory wording

Article 9(6), first indent

Article 6(6), point (a)

Article 9(6), second indent

Article 6(6), point (b)

Article 9(6), third indent

Article 6(6), point (c)

Article 9(7), first subparagraph, introductory wording

Article 6(7), first subparagraph, introductory wording

Article 9(7), first subparagraph, first indent

Article 6(7), first subparagraph, point (a)

Article 9(7), first subparagraph, second indent

Article 6(7), first subparagraph, point (b)

Article 9(7), second subparagraph

Article 6(7), second subparagraph

Article 10(1), introductory wording

Article 7(1), introductory wording

Article 10(1), first indent

Article 7(1), point (a)

Article 10(1), second indent

Article 7(1), point (b)

Article 10(1), third indent

Article 7(1), point (c)

Article 10(1), fourth indent

Article 7(1), point (d)

Article 10(1), fifth indent

Article 7(1), point (e)

Article 10(1), sixth indent

Article 7(1), point (f)

Article 10(2), (3) and (4)

Article 7(2), (3) and (4)

Article 11, first sentence

Article 8, first subparagraph

Article 11, second sentence

Article 8, second subparagraph

Article 12

Article 9

Article 13

-

-

Article 10

Article 14

Article 11

Article 15

Article 12

Annexe III

-

Annexe IV

-

Annexe V

Annexe I

Annexe VI

Annexe II

-

Annexe III

-

Annexe IV

_____________

(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).


Accession of Croatia to the 1990 Convention on the elimination of double taxation *
PDF 199kWORD 41k
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)0346A7-0214/2014

(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.

Shift2Rail Joint Undertaking *
PDF 493kWORD 191k
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)0347A7-0259/2014

(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.
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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.

Request for defence of the parliamentary immunity of Alexander Mirsky
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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)0348A7-0273/2014

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.


Mobilisation of the European Globalisation Adjustment Fund - application EGF/2012/007 IT/VDC Technologies
PDF 213kWORD 45k
Resolution
Annex
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)0349A7-0261/2014

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.


Mobilisation of the European Globalisation Adjustment Fund - application EGF/2012/004 ES/Grupo Santana
PDF 213kWORD 47k
Resolution
Annex
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)0350A7-0260/2014

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.


Deposit Guarantee Schemes ***II
PDF 192kWORD 35k
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)0351A7-0216/2014

(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.


Alternative fuels infrastructure ***I
PDF 193kWORD 42k
Resolution
Text
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)0352A7-0444/2013

(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

P7_TC1-COD(2013)0012


(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.


Dimensions and weights of road vehicles circulating within the Community ***I
PDF 488kWORD 104k
Resolution
Consolidated text
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)0353A7-0256/2014

(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

P7_TC1-COD(2013)0105


(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:

   significant improvement in the aerodynamic performance of the vehicles,
   in terms of road safety and safety of intermodal transport, in particular:
   (i) secure attachment of the devices in such a way as to reduce their ensure that there is no risk of their detachment over time, [Am. 24]
   (ii) day and night markings in accordance with type-approval rules on the installation of lighting and light-signalling devices, effective even in poor weather conditions, that allows allow other road users to gauge the external bodywork of the vehicle, [Am. 25]
   (iii) a design that limits the risks for other vehicles and their passengers in the event of collision,
   (iv) the device does not significantly increase the risk of being overturned by crosswinds,
   (iva) a design which does not reduce the driver’s visibility of the rear of the vehicle, [Am. 26]
   integration into existing networks, in particular:
   (i) the maintenance of the manoeuvrability of vehicles or combinations of vehicles on urban and inter-urban road infrastructures,
   (ii) the inclusion of the trailers and semi-trailers concerned in the rail, river and sea units during intermodal transport operations,
   (iii) these devices can be easily folded, retracted or removed by the driver. [Am. 27]

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:

   improved aerodynamic performance of the vehicles,
   enhanced road safety and security in intermodal transport, in particular to ensure that the front of the cab
   (i) makesimproves direct vision to make vulnerable road users more visible to the driver, in particular by reducing the blind spot spots under the front windscreen and all around the cab, and, where necessary, by fitting additional equipment, such as mirrors and camera systems, [Am. 34]
   (ii) reduces the damage in the event of a collision with other vehicles and improves the energy absorption performance by fitting of an energy absorbing crash management system, [Am. 35]
   (iia) improves pedestrian protection by adjusting the frontal design to minimise the risk of overruns in case of collisions with vulnerable road users by encouraging the sideways diversion of vulnerable users, [Am. 36]
   the manoeuvrability of vehicles or vehicle combinations in infrastructure and without imposing restrictions on the use of vehicles in intermodal terminals,
   the comfort and safety of the drivers with a view to improving workplace conditions. [Am. 37]

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:

   compliance with the requirements set out in Council Directive 89/391/EEC* ("the Occupational Health and Safety Framework Directive"), with its hierarchy of prevention measure for the elimination of sources of whole-body vibration and of musculoskeletal disorders;
   the provision of the driver’s cab with safety features starting with a secure fire exit of the cab;
   the increase in size of the driver’s cab to adapt to comfort and safety requirements for driver’s seats and couchettes taking into account emergency situations. [Am. 38]

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:

   (i) roadside inspection with approved measurement equipment after interception of the vehicle,
   (ii) sending the transport company notification of the suspected overloading of the vehicle,
   (iii) inspection of the transport company on its premises, particularly in the case of repeated infringements after the sending of the notification referred to in (ii).

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:

   the additional technical specifications to ensure full interoperability at Union level of the on-board weighing equipment mentioned in paragraph 6 above, so that the authorities of all Member States can communicate in the same way with vehicles or vehicle combinations registered in any Member State and, where appropriate, exchange information received with the authorities of other Member States.
   the procedures for the pre-selection checks referred to in paragraph 2 of this Article, the technical specifications, precision requirements and instructions for use of the equipment used for these preselection checks. These procedures, specifications and instructions for use are intended to ensure that the checks are performed in the same way in all Member States, thereby ensuring equal treatment for all transporters throughout the territory of the Union.
   the common procedures and specifications to achieve a sufficient level of reliability that allows the onboard systems to be used for the enforcement of the provisions of this Directive, in particular of Article 13. [Am. 51]

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.


Framework for the recovery and resolution of credit institutions and investment firms ***I
PDF 198kWORD 76k
Resolution
Text
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)0354A7-0196/2013

(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

P7_TC1-COD(2012)0150


(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.


Undertakings for collective investment in transferable securities (UCITS V) ***I
PDF 197kWORD 36k
Resolution
Text
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)0355A7-0125/2013

(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

P7_TC1-COD(2012)0168


(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).


Payment accounts ***I
PDF 196kWORD 88k
Resolution
Text
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)0356A7-0398/2013

(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

P7_TC1-COD(2013)0139


(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).


Key information documents for investment products ***I
PDF 198kWORD 66k
Resolution
Text
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)0357A7-0368/2013

(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)

P7_TC1-COD(2012)0169


(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).


Court of Justice of the European Union: number of judges at the General Court ***I
PDF 306kWORD 48k
Resolution
Consolidated text
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)0358A7-0252/2013

(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]

P7_TC1-COD(2011)0901B


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.


Deployment of the interoperable EU-wide eCall ***I
PDF 194kWORD 36k
Resolution
Text
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)0359A7-0482/2013

(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

P7_TC1-COD(2013)0166


(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.


Measures to reduce the cost of deploying high-speed electronic communications networks ***I
PDF 197kWORD 42k
Resolution
Text
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)0360A7-0455/2013

(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

P7_TC1-COD(2013)0080


(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.


Inland waterway transport ***I
PDF 194kWORD 36k
Resolution
Text
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)0361A7-0142/2014

(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

P7_TC1-COD(2013)0303


(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.


Agricultural products on the internal market and in third countries ***I
PDF 195kWORD 44k
Resolution
Text
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)0362A7-0217/2014

(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

P7_TC1-COD(2013)0398


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 1144/2014.)


Active and Assisted Living Research and Development Programme ***I
PDF 199kWORD 36k
Resolution
Text
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)0363A7-0076/2014

(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

P7_TC1-COD(2013)0233


(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.


Research and Development Programme for research performing SMEs ***I
PDF 198kWORD 36k
Resolution
Text
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)0364A7-0077/2014

(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

P7_TC1-COD(2013)0232


(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 Metrology Programme for Innovation and Research ***I
PDF 197kWORD 35k
Resolution
Text
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)0365A7-0063/2014

(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

P7_TC1-COD(2013)0242


(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.


European and Developing Countries Clinical Trials Partnership Programme ***I
PDF 197kWORD 44k
Resolution
Text
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 second European and Developing Countries Clinical Trials Partnership Programme jointly undertaken by several Member States (COM(2013)0498 – C7-0222/2013 – 2013/0243(COD))
P7_TA(2014)0366A7-0064/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0498),

–  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 (C7‑0222/2013),

–  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 Development (A7-0064/2014),

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 second European and Developing Countries Clinical Trials Partnership Programme (EDCTP2) jointly undertaken by several Member States

P7_TC1-COD(2013)0243


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision No 556/2014/EU.)

(1) Not yet published in the Official Journal.


European Account Preservation Order ***I
PDF 195kWORD 93k
Resolution
Text
European Parliament legislative resolution of 15 April 2014 on the proposal for a regulation of the European Parliament and of the Council creating a European Account Preservation Order to facilitate cross-border debt recovery in civil and commercial matters (COM(2011)0445 – C7-0211/2011 – 2011/0204(COD))
P7_TA(2014)0367A7-0227/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0445),

–  having regard to Article 294(2) and points (a), (e) and (f) of Article 81(2)of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0211/2011),

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

–  having regard to the opinion of the European Economic and Social Committee of 26 April 2012(1),

–  having regard to the undertaking given by the Council representative by letter of 6 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 Legal Affairs and the opinion of the Committee on Economic and Monetary Affairs (A7-0227/2013),

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 Regulation (EU) No .../2014 of the European Parliament and of the Council establishing a European Account Preservation Order procedure to facilitate cross-border debt recovery in civil and commercial matters

P7_TC1-COD(2011)0204


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 655/2014.)

(1)OJ C 191, 29.6.2012, p. 57.


Disclosure of non-financial and diversity information by certain large companies and groups ***I
PDF 199kWORD 47k
Resolution
Text
European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council amending Council Directives 78/660/EEC and 83/349/EEC as regards disclosure of non-financial and diversity information by certain large companies and groups (COM(2013)0207 – C7-0103/2013 – 2013/0110(COD))
P7_TA(2014)0368A7-0006/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0207),

–  having regard to Article 294(2) and Article 50(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0103/2013),

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

–  having regard to the opinion of the European Economic and Social Committee of 11 July 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 Legal Affairs and the opinions of the Committee on Foreign Affairs, the Committee on Development, the Committee on Economic and Monetary Affairs, the Committee on Employment and Social Affairs, the Committee on Industry, Research and Energy, the Committee on the Internal Market and Consumer Protection and the Committee on Women's Rights and Gender Equality (A7-0006/2014),

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 Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups

P7_TC1-COD(2013)0110


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/95/EU.)

(1) OJ C 327, 12.11.2013, p. 47.


Conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer ***I
PDF 210kWORD 86k
Resolution
Text
Annex
European Parliament legislative resolution of 15 April 2014 on the proposal for a directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (COM(2010)0378 – C7-0179/2010 – 2010/0209(COD))
P7_TA(2014)0369A7-0170/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2010)0378),

–  having regard to Article 294(2) and points (a) and (b) of Article 79(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0179/2010),

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

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

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

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

–  having regard to the undertaking given by the Council representative by letter of 27 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 Rules 55 and 37 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Employment and Social Affairs (A7-0170/2014),

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

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

3.  Takes note of the Commission statements annexed to this resolution;

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

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

Position of the European Parliament adopted at first reading on 15 April 2014 with a view to the adoption of Directive 2014/…/EU of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer

P7_TC1-COD(2010)0209


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2014/66/EU.)

ANNEX TO THE LEGISLATIVE RESOLUTION

JOINT STATEMENT BY PARLIAMENT, THE COUNCIL AND THE COMMISSION

This Directive establishes an autonomous mobility scheme providing for specific rules, adopted on the basis of points (a) and (b) of Article 79(2) TFEU, regarding the conditions of entry, stay and freedom of movement of a third-country national for the purpose of work as an intra-corporate transferee in Member States other than the one that issued the intra-corporate transferee permit, which are to be considered as a lex specialis with respect to the Schengen acquis.

Parliament and the Council take note of the Commission's intention to examine whether any action needs to be taken in order to enhance legal certainty as regards the interaction between the two legal regimes, and in particular to examine the need for updating the Schengen Handbook.

COMMISSION STATEMENTS

1)  Statement on the definition of specialist:

The Commission considers that the definition of "specialist" in point (f) of Article 3 of this Directive is in line with the equivalent definition (“person possessing uncommon knowledge”) used in the EU’s schedule of specific commitments of the WTO’s General Agreement on Trade in Services (GATS). The use of the word “specialised” instead of “uncommon” does not entail any change or extension of the GATS definition and is only adapted to the language now in use.

2)  Statement on the bilateral agreements referred to in points (c) and (d) of Article 18(2):

The Commission will monitor the implementation of points (c) and (d) of Article 18(2) of this Directive in order to assess the possible impact of the bilateral agreements referred to in that Article on the treatment of intra-corporate transferees and on the application of Regulation (EU) No 1231/2010 and take, where necessary, any appropriate measure.

(1) OJ C 218, 23.7.2011, p. 101.
(2) OJ C 166, 7.6.2011, p. 59.


Clean Sky 2 Joint Undertaking *
PDF 192kWORD 49k
Resolution
Text
European Parliament legislative resolution of 15 April 2014 on the proposal for a Council regulation on the Clean Sky 2 Joint Undertaking (COM(2013)0505 – C7-0255/2013 – 2013/0244(NLE))
P7_TA(2014)0370A7-0083/2014

(Consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2013)0505),

–  having regard to Article 187 and the first paragraph of 188 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7‑0255/2013),

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

–  having regard to the report of the Committee on Industry, Research and Energy (A7-0083/2014),

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.

Position of the European Parliament adopted on 15 April 2014 with a view to the adoption of Council regulation (EU) No .../2014 establishing the Clean Sky 2 Joint Undertaking

P7_TC1-NLE(2013)0244


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Council Regulation (EU) No 558/2014)


Bio-Based Industries Joint Undertaking *
PDF 193kWORD 42k
Resolution
Text
European Parliament legislative resolution of 15 April 2014 on the proposal for a Council regulation on the Bio-Based Industries Joint Undertaking (COM(2013)0496 – C7-0257/2013 – 2013/0241(NLE))
P7_TA(2014)0371A7-0092/2014

(Consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2013)0496),

–  having regard to Article 187 and the first paragraph of 188 of the Treaty on European Union, pursuant to which the Council consulted Parliament (C7‑0257/2013),

–  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 Regional Development (A7-0092/2014),

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.

Position of the European Parliament adopted on 15 April 2014 with a view to the adoption of Council regulation (EU) No .../2014 establishing the Bio-based Industries Joint Undertaking

P7_TC1-NLE(2013)0241


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Council Regulation (EU) No 560/2014)


SESAR Joint Undertaking *
PDF 194kWORD 47k
Resolution
Text
European Parliament legislative resolution of 15 April 2014 on the proposal for a Council regulation amending Regulation (EC) No 219/2007 on establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) as regards the extension of the Joint Undertaking until 2024 (COM(2013)0503 – C7-0254/2013 – 2013/0237(NLE))
P7_TA(2014)0372A7-0062/2014

(Consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2013)0503),

–  having regard to Articles 187 and 188 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7‑0254/2013),

–  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 Transport and Tourism (A7-0062/2014),

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.

Position of the European Parliament adopted on 15 April 2014 with a view to the adoption of Council regulation (EU) No .../2014 amending Regulation (EC) No 219/2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) as regards the extension of the Joint Undertaking until 2024

P7_TC1-NLE(2013)0237


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Council Regulation (EU) No 721/2014)


Innovative Medicines Initiative 2 Joint Undertaking *
PDF 191kWORD 44k
Resolution
Text
European Parliament legislative resolution of 15 April 2014 on the proposal for a Council regulation on the Innovative Medicines Initiative 2 Joint Undertaking (COM(2013)0495 – C7-0259/2013 – 2013/0240(NLE))
P7_TA(2014)0373A7-0105/2014

(Consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2013)0495),

–  having regard to Article 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 (C7‑0259/2013),

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

–  having regard to the report of the Committee on Industry, Research and Energy (A7-0105/2014),

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.

Position of the European Parliament adopted on 15 April 2014 with a view to the adoption of Council regulation (EU) No .../2014 establishing the Innovative Medicines Initiative 2 Joint Undertaking

P7_TC1-NLE(2013)0240


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Council Regulation (EU) No 557/2014)


ECSEL Joint Undertaking *
PDF 193kWORD 41k
Resolution
Text
European Parliament legislative resolution of 15 April 2014 on the proposal for a Council regulation on the ECSEL Joint Undertaking (COM(2013)0501 – C7-0258/2013 – 2013/0234(NLE))
P7_TA(2014)0374A7-0074/2014

(Consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2013)0501),

–  having regard to Article 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 (C7‑0258/2013),

–  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 Budgetary Control (A7-0074/2014),

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.

Position of the European Parliament adopted on 15 April 2014 with a view to the adoption of Council Regulation (EU) No .../2014 establishing the ECSEL Joint Undertaking

P7_TC1-NLE(2013)0234


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Council Regulation (EU) No 561/2014)


Fuel Cells and Hydrogen 2 Joint Undertaking *
PDF 193kWORD 46k
Resolution
Text
European Parliament legislative resolution of 15 April 2014 on the proposal for a Council regulation on the Fuel Cells and Hydrogen 2 Joint Undertaking (COM(2013)0506 – C7-0256/2013 – 2013/0245(NLE))
P7_TA(2014)0375A7-0094/2014

(Consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2013)0506),

–  having regard to Article 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 (C7‑0256/2013),

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

–  having regard to the report of the Committee on Industry, Research and Energy (A7-0094/2014),

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.

Position of the European Parliament adopted on 15 April 2014 with a view to the adoption of Council Regulation (EU) No .../2014 establishing the Fuel Cells and Hydrogen 2 Joint Undertaking

P7_TC1-NLE(2013)0245


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Council Regulation (EU) No 559/2014)


Interinstitutional agreement on the transparency register
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European Parliament decision of 15 April 2014 on the modification of the interinstitutional agreement on the Transparency Register (2014/2010(ACI))
P7_TA(2014)0376A7-0258/2014

The European Parliament,

–  having regard to the meeting of its Bureau of 13 January 2014, at which the latter approved the recommendations adopted on 12 December 2013 by the High-level Interinstitutional Working Group for the revision of the Transparency Register,

–  having regard to the draft interinstitutional agreement between the European Parliament and the European Commission on the Transparency Register for organisations and self-employed individuals engaged in EU policy-making and policy implementation (hereinafter referred to as "the modified agreement"),

–  having regard to Article 11(1) and (2) of the Treaty on European Union (TEU),

–  having regard to Article 295 of the Treaty on the Functioning of the European Union (TFEU),

–  having regard to its decision of 11 May 2011 on conclusion of an interinstitutional agreement between the European Parliament and the Commission on a common Transparency Register(1),

–  having regard to the interinstitutional agreement of 23 June 2011 between the European Parliament and the European Commission on the establishment of a transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation (hereinafter referred to as "the Agreement of 23 June 2011")(2),

–  having regard to Rule 127(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Constitutional Affairs (A7-0258/2014),

A.  whereas Article 11(2) TEU states: "The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society";

B.  whereas the transparency of that dialogue requires the good functioning of a common register of the organisations and persons trying to influence EU policy-making and policy implementation processes;

C.  whereas its resolution of 8 May 2008 on the development of the framework for the activities of interest representatives (lobbyists) in the European institutions(3) laid down the principles on the basis of which the European Parliament entered into negotiations with the Commission concerning a common transparency register;

D.  whereas its abovementioned decision of 11 May 2011 endorsed the rules and the framework of the Transparency Register for organisations and self-employed individuals engaged in EU policy-making and policy implementation;

E.  Whereas unregulated and non-transparent lobbying poses a significant threat to policy-making and to the public interest;

1.  Regrets that the proposal for a modification of the Agreement of 23 June 2011 will not lead to the establishment of a mandatory transparency register; reiterates therefore its call for mandatory registration in relation to the conduct of lobbying activities at the EU institutions, as already stated in its abovementioned resolution of 8 May 2008 and its abovementioned decision of 11 May 2011;

2.  Considers the proposed modification of the Agreement of 23 June 2011 to be a partial step forward at the present stage;

3.  Calls on the Commission to submit, by the end of 2016, a legislative proposal for the establishment of a mandatory register on the basis of Article 352 TFEU;

4.  Asks the Commission to include, in the context of any forthcoming proposals for a comprehensive reform of the Treaties, a proposal either for an amendment of Article 298 TFEU or for an appropriate specific legal basis allowing a mandatory register to be set up in accordance with the ordinary legislative procedure;

5.  Considers that future reviews of the Transparency Register should be as transparent and inclusive as possible and should fully involve its competent committee and allow for strong civil society participation;

6.  Insists that the next review of the Transparency Register is accompanied by a public consultation;

7.  Considers that in any event, a further evaluation of the Transparency Register should be completed before the end of 2017 at the latest;

8.  Recognises the role played by the Council since the establishment of the Transparency Register, and welcomes the fact that the Council has become involved, as an observer, in the process of keeping the Agreement of 23 June 2011 under review; however, in order to ensure transparency at all stages in the law-making process at Union level, reiterates its call to the Council to join the Transparency Register as soon as possible;

9.  Welcomes the improved specification of the information to be provided pursuant to the modified agreement, which should be implemented by insisting on disclosure of the identity of all clients represented by organisations and self-employed individuals engaged in EU policy-making and policy implementation processes, and by clearly linking all activities covered by the Register to the clients concerned;

10.  Considers that, when interpreting “inappropriate behaviour” within the meaning of point (b) of the Code of Conduct annexed to the modified agreement, in addition to the generally accepted principles as outlined in the Code, in particular in its points (c), (f) or (g), this expression includes:

11.  Believes that the Code of Conduct attached to the Agreement of 23 June 2011 and the Code of Conduct for Members of the European Parliament with respect to financial interests and conflicts of interest should be amended in order to ensure that Members do not enter into any kind of agreement or contractual relationship with an external body to either fund or directly employ individuals within a Member’s staff;

12.  Welcomes the clearer definitions describing exceptions to the scope of coverage of activities of law firms;

13.  Expects that such clearer definitions will help to encourage further registrations and bring about a better understanding of the meaning of covered activities of law firms, in order that they may benefit from the incentives offered by the Transparency Register and participate in a transparent manner in the decision-making process;

14.  Insists that registered law firms should declare in the Transparency Register all the clients on whose behalf they perform covered activities;

15.  Encourages the Commission to be equally ambitious, when it comes to introducing incentive measures for registrants in order to enhance participation in the Transparency Register; considers that such incentives could include:

16.  Welcomes the recent decisions taken by the Brussels and Paris Bars recognising the differences between court-related activities of lawyers and other activities falling within the scope of the Transparency Register; moreover, invites the Council of Bars and Law Societies of Europe to encourage its members to adopt similar measures;

17.  Notes that, in some Member States, statutory provisions exist on the rules governing the exercise of professions, which in particular objectively prevent lawyers’ firms from having themselves entered in the Transparency Register and in the process revealing the information about their clients which the Register requires; also, however, perceives a substantial risk in that such statutory provisions can also be abused to avoid publishing information required for a correct entry in the Register; welcomes, in this connection, the perceptible readiness of professional organisations to work in partnership to ensure that, in the interests of their profession, such withholding of information is confined exclusively to what the legislation objectively permits; calls on the Commission and the President of the European Parliament to secure a practical outcome from this readiness and to enshrine a result in the modified agreement as soon as possible ;

18.  Welcomes the intention of its Bureau to introduce a significant number of incentive measures in order to enhance participation in the Transparency Register;

19.  With a view to full implementation of those measures, invites its Bureau to consider the following concrete proposals for inclusion in the relevant Bureau decisions:

20.  Requests the Bureau to develop a standardised form for rapporteurs to publish on a voluntary basis a 'legislative footprint', which is a form annexed to reports drafted by Members detailing all the lobbyists with whom rapporteurs in charge of a particular file have met in the process of drawing up the report, where this has led to a substantial impact on the report.

21.  Asks former Members of the European Parliament to comply with the relevant provisions(4) when carrying on activities falling within the scope of the Transparency Register; believes that in carrying on such activities, former Members should not use their Members' badge to access the premises of the European Parliament; requests the Bureau to present to the Conference of Presidents a proposal for appropriate measures to prevent misuse of privileges to which former Members are entitled;

22.  Requests the Joint Transparency Register Secretariat to provide, at regular intervals, a report on the functioning of the incentives system, with a view, ultimately, to the establishment of a mandatory register;

23.  Underlines that non-registered organisations or individuals, which are eligible for registration and expected to register, even if their non-registration is only temporary, will not have access to the new incentives and advantages linked to registration;

24.  Welcomes and encourages the role played by non-institutional watchdogs in monitoring the transparency of the EU Institutions;

25.  Considers that the structure and the staff of the Joint Transparency Register Secretariat need to be reinforced in order to implement the new provisions in the modified agreement, to deal with the procedures for alerts and for the investigation and treatment of complaints, and to improve the procedures for verifying the reliability of information provided by registrants;

26.  Expects that the annual report on the operation of the Joint Transparency Register will include an analysis of the progress made in terms of coverage and quality of entries;

27.  Encourages the Commission, in performing its function of coordinating the Transparency Register, to closely monitor the proper implementation of the modified agreement;

28.  Approves the modified agreement as set out below and decides to annex it to its Rules of Procedure;

29.  Instructs its President to sign the modified agreement together with the President of the European Commission and to arrange for its publication in the Official Journal of the European Union;

30.  Instructs its President to forward this decision, including its annex, to the Council, the Commission and the parliaments of the Member States.

ANNEX

AGREEMENT BETWEEN THE EUROPEAN PARLIAMENT AND THE EUROPEAN COMMISSION ON THE TRANSPARENCY REGISTER FOR ORGANISATIONS AND SELF-EMPLOYED INDIVIDUALS ENGAGED IN EU POLICY-MAKING AND POLICY IMPLEMENTATION

The European Parliament and the European Commission ("the parties hereto"),

Having regard to the Treaty on European Union, in particular Article 11(1) and (2) thereof, the Treaty on the Functioning of the European Union, in particular Article 295 thereof, and the Treaty establishing the European Atomic Energy Community (hereinafter together referred to as "the Treaties"),

Whereas European policy-makers do not operate in isolation from civil society, but maintain an open, transparent and regular dialogue with representative associations and civil society;

Whereas the parties hereto have reviewed the Transparency Register (hereinafter "the register") established by the agreement between the European Parliament and the European Commission of 23 June 2011 on the establishment of a transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation(5) pursuant to paragraph 30 of that agreement,

AGREE AS FOLLOWS:

I.  Principles of the register

1.  The establishment and operation of the register shall not affect or prejudice the objectives of the European Parliament as expressed in its resolution of 8 May 2008 on the development of the framework for the activities of interest representatives (lobbyists) in the European institutions(6) and in its decision of 11 May 2011 on conclusion of an interinstitutional agreement between the European Parliament and the Commission on a common Transparency Register(7).

2.  The operation of the register shall respect the general principles of Union law, including the principles of proportionality and non-discrimination.

3.  The operation of the register shall respect the rights of Members of the European Parliament to exercise their parliamentary mandate without restriction.

4.  The operation of the register shall not impinge on the competences or prerogatives of the parties hereto or affect their respective organisational powers.

5.  The parties hereto shall strive to treat all operators engaged in similar activities in a similar manner, and to allow for a level playing-field for the registration of organisations and self-employed individuals engaged in EU policy-making and policy implementation.

II.  Structure of the register

6.  The structure of the register shall be as follows:

(a)  provisions on the scope of the register, activities covered by the register, definitions, incentives and exemptions;

(b)  sections for registration (Annex 1);

(c)  information required from registrants, including financial disclosure requirements (Annex 2);

(d)  code of conduct (Annex 3);

(e)  alert and complaint mechanisms and measures to be applied in the event of non-compliance with the code of conduct, including the procedures for alerts and for the investigation and treatment of complaints (Annex 4);

(f)  implementation guidelines with practical information for registrants.

III.  Scope of the register

Activities covered

7.  The scope of the register covers all activities, other than those referred to in paragraphs 10 to 12, carried out with the objective of directly or indirectly influencing the formulation or implementation of policy and the decision-making processes of the EU institutions, irrespective of where they are undertaken and of the channel or medium of communication used, for example via outsourcing, media, contracts with professional intermediaries, think tanks, platforms, forums, campaigns and grassroots initiatives.

For the purpose of this agreement, "directly influencing" means influencing by way of a direct contact or communication with the EU institutions or other action following up on such activities and "indirectly influencing" means influencing through the use of intermediate vectors such as media, public opinion, conferences or social events, targeting the EU institutions .

In particular, those activities include:

–  contacting Members and their assistants, officials or other staff of the EU institutions;

–  preparing, circulating and communicating letters, information material or discussion papers and position papers;

–  organising events, meetings, promotional activities, conferences or social events, invitations to which have been sent to Members and their assistants, officials or other staff of the EU institutions; and

–  voluntary contributions and participation in formal consultations or hearings on envisaged EU legislative or other legal acts and other open consultations.

8.  All organisations and self-employed individuals, irrespective of their legal status, engaged in activities, whether on-going or under preparation, covered by the register are expected to register.

Any activity covered by the register and which is developed under contract by an intermediary providing legal and other professional advice, shall entail eligibility for registration both for the intermediary and for its client. Such intermediaries shall declare all clients under such contracts as well as the revenue per client for representation activities as set out in Annex 2 at point II.C.2.B. This requirement does not exempt clients from registering and including in their own cost estimates the cost of any activities subcontracted to an intermediary.

Activities not covered

9.  An organisation shall only be eligible to register if it carries out activities, covered by the register, which have resulted in direct or indirect communication with EU institutions. An organisation deemed non-eligible may be removed from the register.

10.  Activities concerning the provision of legal and other professional advice are not covered by the register in so far as:

–  they consist of advisory work and contacts with public bodies in order to better inform clients about a general legal situation or about their specific legal position, or to advise them whether a particular legal or administrative step is appropriate or admissible under the existing legal and regulatory environment;

–  they consist of advice given to clients to help them ensure that their activities comply with the relevant law;

–  they consist of analyses and studies prepared for clients on the potential impact of any legislative or regulatory changes with regard to their legal position or field of activity;

–  they consist of representation in the context of a conciliation or mediation procedure aimed at preventing a dispute from being brought before a judicial or administrative body; or

–  they relate to the exercise of the fundamental right of a client to a fair trial, including the right of defence in administrative proceedings, such as activities carried out by lawyers or by any other professionals involved therein.

If a company and its advisers are involved as a party in a specific legal or administrative case or procedure, any activity relating directly thereto which does not seek as such to change the existing legal framework is not covered by the register. This subparagraph applies to all business sectors in the European Union.

However, the following activities concerning the provision of legal and other professional advice are covered by the register where they are intended to influence the EU institutions, their Members and their assistants or their officials or other staff:

–  the provision of support, via representation or mediation, or of advocacy material, including argumentation and drafting;  and

–  the provision of tactical or strategic advice, including the raising of issues the scope of which and the timing of communication of which are intended to influence the EU institutions, their Members and their assistants or their officials or other staff.

11.  Activities of the social partners as participants in the social dialogue (trade unions, employers' associations, etc.) are not covered by the register where those social partners perform the role assigned to them in the Treaties. This paragraph applies mutatis mutandis to any entity specifically designated in the Treaties to play an institutional role;

12.  Activities in response to direct and individual requests from EU institutions or Members of the European Parliament, such as ad hoc or regular requests for factual information, data or expertise, are not covered by the register.

Specific provisions

13.  The register does not apply to churches and religious communities. However, the representative offices or legal entities, offices and networks created to represent churches and religious communities in their dealings with the EU institutions, as well as their associations, are expected to register.

14.  The register does not apply to political parties. However, any organisations created or supported by them which are engaged in activities covered by the register are expected to register.

15.  The register does not apply to Member States' government services, third countries' governments, international intergovernmental organisations and their diplomatic missions.

16.  Regional public authorities and their representative offices are not expected to register, but can register if they wish to do so. Any association or network created to represent regions collectively is expected to register.

17.  All sub-national public authorities other than those referred to in paragraph 16, such as local and municipal authorities or cities, or their representation offices, associations or networks, are expected to register.

18.  Networks, platforms or other forms of collective activity, which have no legal status or legal personality but which constitute de facto a source of organised influence and which are engaged in activities covered by the register, are expected to register. Members of such forms of collective activity shall designate a representative to act as their contact person responsible for liaising with the "Joint Transparency Register Secretariat" (JTRS).

19.  The activities to be taken into account for assessing eligibility to register are those aimed (directly or indirectly) at all EU institutions, agencies and bodies, and their Members and their assistants, officials and other staff. Such activities do not include activities directed at Member States, in particular those directed at their permanent representations to the European Union.

20.  European networks, federations, associations or platforms are encouraged to produce common, transparent guidelines for their members identifying the activities covered by the register. They are expected to make those guidelines public.

IV.  Rules applicable to registrants

20140415-P7_TA(2014)0376_EN-p0000001.png

21.  By registering, the organisations and individuals concerned:

—  agree that the information which they provide for inclusion in the register shall be in the public domain;

—  agree to act in compliance with the code of conduct set out in Annex 3 and, where relevant, to provide the text of any professional code of conduct by which they are bound(8);

—  guarantee that the information provided for inclusion in the register is correct and agree to co-operate with administrative requests for complementary information and updates;

—  accept that any alert or complaint concerning them will be handled on the basis of the rules in the code of conduct set out in Annex 3;

—  agree to be subject to any measures to be applied in the event of non-compliance with the code of conduct set out in Annex 3 and acknowledge that the measures provided for in Annex 4 may be applied to them in the event of non-compliance with the code;

—  note that the parties hereto may, upon request and subject to the provisions of Regulation (EC) No 1049/2001 of the European Parliament and of the Council(9), have to disclose correspondence and other documents concerning the activities of registrants.

V.  Implementation

22.  The Secretaries-General of the European Parliament and the European Commission shall be responsible for supervision of the system and for all key operational aspects, and shall by common accord take the measures necessary to implement this agreement.

23.  Although the system is operated jointly, the parties hereto remain free to use the register independently for their own specific purposes.

24.  In order to implement the system, the services of the European Parliament and the European Commission maintain a joint operational structure, designated as the JTRS. The JTRS is made up of a group of officials from the European Parliament and the European Commission pursuant to an arrangement agreed by the competent services. The JTRS operates under the coordination of a Head of Unit in the Secretariat-General of the European Commission. The tasks of the JTRS include producing implementation guidelines, within the limits of this agreement, to facilitate a consistent interpretation of the rules by registrants, and monitoring the quality of the content of the register. The JTRS shall use the administrative resources available to perform quality checks of the content of the register, on the understanding, however, that registrants are ultimately responsible for the information they have provided.

25.  The parties hereto shall organise appropriate training and internal communication projects to raise awareness of the register and of the alert and complaints procedures among their Members and staff.

26.  The parties hereto shall take appropriate measures externally to raise awareness of the register and promote its use.

27.  A series of basic statistics, extracted from the database of the register, shall be published regularly on the Europa Transparency Register website and shall be accessible via a user-friendly search engine. The public content of that database shall be available in electronic, machine-readable formats.

28.  An annual report on the operation of the register shall be submitted by the Secretaries-General of the European Parliament and the European Commission respectively to the relevant Vice-President of the European Parliament and to the relevant Vice-President of the European Commission. The annual report shall provide factual information about the register, its content and its evolution, and shall be published each year for the preceding calendar year.

VI.  Measures applicable for compliant registrants

29.  Access passes to the European Parliament's premises will only be issued to individuals representing, or working for, organisations falling within the scope of the register where those organisations or individuals have registered. However, registration shall not confer an automatic entitlement to such an access pass. The issue and control of passes affording long-term access to the European Parliament's premises shall remain an internal procedure of the Parliament under its own responsibility.

20140415-P7_TA(2014)0376_EN-p0000002.png

30.  The parties hereto shall offer incentives, in the framework of their administrative authority, in order to encourage registration within the framework created by this agreement.

Incentives offered by the European Parliament to registrants may include:

—  further facilitation of access to its premises, its Members and their assistants, its officials and other staff;

—  authorisation to organise or co-host events on its premises;

—  facilitated transmission of information, including specific mailing lists;

—  participation as speakers in committee hearings;

—  patronage by the European Parliament.

Incentives offered by the European Commission to registrants may include:

—  measures with regard to the transmission of information to registrants when launching public consultations;

—  measures with regard to expert groups and other advisory bodies;

—  specific mailing lists;

—  patronage by the European Commission.

Specific incentives available to registrants shall be communicated to them by the parties hereto.

VII.  Measures in the event of non-compliance with the code of conduct

31.  Any person may lodge alerts and complaints, using the standard contact form, available on the website of the register, concerning possible non-compliance with the code of conduct set out in Annex 3. Alerts and complaints shall be handled in accordance with the procedures laid down in Annex 4.

32.  An alert mechanism is a tool to complement the quality checks performed by the JTRS in accordance with paragraph 24. Any person may lodge an alert with regard to factual mistakes concerning the information provided by the registrants. Alerts may also be lodged with regard to non-eligible registrations.

33.  Any person may lodge a formal complaint where non-compliance by a registrant with the code of conduct, other than factual mistakes, is suspected. Complaints shall be substantiated by material facts with regard to the suspected non-compliance with the code.

The JTRS shall investigate the suspected non-compliance with due regard for the principles of proportionality and good administration. Intentional non-compliance with the code of conduct by registrants or by their representatives shall lead to the application of the measures laid down in Annex 4.

34.  Where repeated non-co-operation, repeated inappropriate behaviour, or serious non-compliance with the code of conduct, has been identified by the JTRS under the procedures referred to in paragraphs 31 to 33, the registrant concerned shall be removed from the register for a time period of either one year or two years and the measure will be publicly mentioned in the register, as laid down in Annex 4.

VIII.  Involvement of other institutions and bodies

35.  The European Council and the Council are invited to join the register. Other EU institutions, bodies and agencies are encouraged to use the framework created by this agreement themselves as a reference instrument for their own interaction with organisations and self-employed individuals engaged in EU policy-making and policy implementation.

IX.  Final provisions

36.  This agreement shall replace the agreement between the European Parliament and the European Commission of 23 June 2011 whose effects shall cease to apply on the date of application of this agreement.

37.  The register shall be subject to a review in 2017.

38.  This agreement shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from ....(10) or from 1 January 2015 whichever date is the earliest.

Entities already registered at the date of application of this agreement shall amend their registration to satisfy the new requirements resulting from this agreement within a period of three months following that date.

Done at ...,

For the European Parliament For the European Commission

The President The President

Annex 1

"Transparency Register"

Organisations and self-employed individuals engaged in EU policy-making and policy implementation

Sections

Characteristics/remarks

I - Professional consultancies/law firms/self-employed consultants

Subsection

Professional consultancies

Firms carrying on, on behalf of clients, activities involving advocacy, lobbying, promotion, public affairs and relations with public authorities.

Subsection

Law firms

Law firms carrying on, on behalf of clients, activities involving advocacy, lobbying, promotion, public affairs and relations with public authorities.

Subsection

Self-employed consultants

Self-employed consultants or lawyers carrying on, on behalf of clients, activities involving advocacy, lobbying, promotion, public affairs and relations with public authorities. This subsection is for registration of entities involving only one person.

II - In-house lobbyists and trade/business/professional associations

Subsection

Companies and groups

Companies or groups of companies (with or without legal status) carrying on in-house, for their own account, activities involving advocacy, lobbying, promotion, public affairs and relations with public authorities.

Subsection

Trade and business associations

Organisations (either profit or non-profit making themselves) representing profit-making companies or mixed groups and platforms.

Subsection

Trade unions and professional associations

Interest representation of workers, employees, trades or professions.

Subsection

Other organisations including:

—  event-organising entities (profit or non-profit making);

—  interest-related media or research oriented entities linked to private profit making interests;

—  ad-hoc coalitions and temporary structures (with profit-making membership).

III - Non-governmental organisations

Subsection

Non-governmental organisations, platforms, networks, ad-hoc coalitions, temporary structures and other similar organisations.

Not-for-profit organisations (with or without legal status), which are independent from public authorities or commercial organisations. Includes foundations, charities, etc.

Any such entity including profit-making elements among its membership must register in Section II.

IV - Think tanks, research and academic institutions

Subsection

Think tanks and research institutions

Specialised think tanks and research institutions dealing with the activities and policies of the European Union.

Subsection

Academic institutions

Institutions whose primary purpose is education but that deal with the activities and policies of the European Union.

V - Organisations representing churches and religious communities

Subsection

Organisations representing churches and religious communities

Legal entities, offices, networks or associations set up for representation activities.

VI - Organisations representing local, regional and municipal authorities, other public or mixed entities, etc.

Subsection

Regional structures

Regions themselves and their representative offices are not expected to register but can register if they wish to do so. Associations or networks created to represent regions collectively are expected to register.

Subsection

Other sub-national public authorities

All other sub-national public authorities, such as cities, local and municipal authorities, or their representation offices, and national associations or networks, are expected to register.

Subsection

Transnational associations and networks of public regional or other sub-national authorities

Subsection

Other public or mixed entities, created by law whose purpose is to act in the public interest

Includes other organisations with public or mixed (public/private) status.

Annex 2

Information to be provided by registrants

I.  GENERAL AND BASIC INFORMATION

a)  organisation name(s), address of head office and Brussels, Luxembourg or Strasbourg address where relevant, phone number, e-mail address, website;

b)  names of the person legally responsible for the organisation and of the organisation's director or managing partner or, if applicable, principal contact point in respect of activities covered by the register (i.e. head of EU affairs); names of the persons with authorisation for access to the European Parliament's premises(11);

c)  number of persons (members, staff, etc) involved in activities covered by the register and of persons benefiting from an access pass to the European Parliament's premises and the amount of time spent by each person on such activities according to the following percentages of a full-time activity: 25%, 50%, 75% or 100 %;

d)  goals/remit – fields of interest – activities – countries in which operations are carried out – affiliations to networks – general information falling within the scope of the register;

e)  membership and, if applicable, number of members (individuals and organisations).

II.  SPECIFIC INFORMATION

A.  ACTIVITIES COVERED BY THE REGISTER

Specific details shall be provided on the main legislative proposals or policies targeted by activities of the registrant, and which are covered by the register. Reference to other specific activities, such as events or publications, may be made.

B.  LINKS WITH EU INSTITUTIONS

a)  Membership of high-level groups, consultative committees, expert groups, other EU supported structures and platforms, etc.

b)  Membership of, or participation in, European Parliament intergroups or industry forums, etc.

C.  FINANCIAL INFORMATION RELATED TO THE ACTIVITIES COVERED BY THE REGISTER

1.  All registrants shall provide:

a)  An estimate of the annual costs related to activities covered by the register. Financial figures shall cover a full year of operations and refer to the most recent financial year closed, as of the date of registration or of the annual update of the registration details.

b)  The amount and source of funding, received from EU institutions in the most recent financial year closed, as of the date of registration or of the annual update of the registration details. That information shall correspond to the information provided by the European Financial Transparency System(12).

2.  Professional consultancies/law firms/self-employed consultants (Section I of Annex 1) shall additionally provide:

a)  The turnover attributable to the activities covered by the register according to the following grid:

Annual turnover for representation activities in euros

0 – 99 999

100 000– 499 999

500 000 – 1 000 000

> 1 000 000

b)  A list of all clients, on behalf of whom activities covered by the register are carried out. Revenue from clients for representation activities shall be listed according to the following grid:

Bracket size of representation activities per client per annum in euros

0 – 9 999

10 000 – 24 999

25 000 – 49 999

50 000 – 99 999

100 000 – 199 999

200 000 – 299 999

300 000 – 399 999

400 000 – 499 999

500 000 – 599 999

600 000 – 699 999

700 000 – 799 999

800 000 – 899 999

900 000 – 1 000 000

> 1 000 000

c)  Clients are also expected to register. The financial declaration made by professional consultancies/law firms/self-employed consultants concerning their clients (list and grid) does not exempt those clients from their obligation to include subcontracted activities in their own declarations, so as to avoid an underestimation of their declared financial outlay.

3.  In-house lobbyists and trade/business/professional associations (Section II of Annex I) shall additionally provide:

the turnover attributable to the activities covered by the register, including for amounts less than EUR 10 000.

4.  Non-governmental organisations – Think tanks, research and academic institutions – organisations representing churches and religious communities – organisations representing local, regional and municipal authorities, other public or mixed entities, etc. (Sections III to VI of Annex 1) shall additionally provide:

a)  the total budget of the organisation

b)  a breakdown of the main amounts and sources of funding.

Annex 3

Code of conduct

The parties hereto consider that all interest representatives interacting with them, whether on a single occasion or more frequently, registered or not, should behave in conformity with this code of conduct.

In their relations with EU institutions and their Members, officials and other staff, interest representatives shall:

(a)  always identify themselves by name and, by registration number, if applicable, and by the entity or entities they work for or represent; declare the interests, objectives or aims they promote and, where applicable, specify the clients or members whom they represent;

(b)  not obtain or try to obtain information or decisions dishonestly or by use of undue pressure or inappropriate behaviour;

(c)  not claim any formal relationship with the European Union or any of its institutions in their dealings with third parties, or misrepresent the effect of registration in such a way as to mislead third parties or officials or other staff of the European Union, or use the logos of EU institutions without express authorisation;

(d)  ensure that, to the best of their knowledge, information, which they provide upon registration, and subsequently in the framework of their activities covered by the register, is complete, up-to-date and not misleading; accept that all information provided is subject to review and agree to co-operate with administrative requests for complementary information and updates;

(e)  not sell to third parties copies of documents obtained from EU institutions;

(f)  in general, respect, and avoid any obstruction to the implementation and application of, all rules, codes and good governance practices established by EU institutions;

(g)  not induce Members of the institutions of the European Union, officials or other staff of the European Union, or assistants or trainees of those Members, to contravene the rules and standards of behaviour applicable to them;

(h)  if employing former officials or other staff of the European Union, or assistants or trainees of Members of EU institutions, respect the obligation of such employees to abide by the rules and confidentiality requirements which apply to them;

(i)  obtain the prior consent of the Member or Members of the European Parliament concerned as regards any contractual relationship with, or employment of, any individual within a Member's designated entourage;

(j)  observe any rules laid down on the rights and responsibilities of former Members of the European Parliament and the European Commission;

(k)  inform whomever they represent of their obligations towards the EU institutions.

Individuals who have registered with the European Parliament with a view to being issued with a personal, non-transferable pass affording access to the European Parliament’s premises shall:

(l)  ensure that they wear the access pass visibly at all times in European Parliament premises;

(m)  comply strictly with the relevant European Parliament Rules of Procedure;

(n)  accept that any decision on a request for access to the European Parliament's premises is the sole prerogative of the Parliament and that registration shall not confer an automatic entitlement to an access pass.

Annex 4

Procedures for alerts and for the investigation and treatment of complaints

I.  ALERTS

Any person may lodge an alert to the JTRS by completing the standard contact form, available on the website of the register, with regard to information contained in the register and non-eligible registrations.

Where alerts are made about information contained in the register, they will be treated as allegations of non-compliance with point (d) of the code of conduct set out in Annex 3 (13). The registrant concerned will be asked to update the information or explain to the JTRS why the information does not need to be updated. Where the registrant concerned does not co-operate, measures as outlined in the table of measures below (rows 2 to 4), may be applied.

II.  COMPLAINTS

Stage 1: Submitting a complaint

1.  Any person may submit a complaint to the JTRS by completing a standard form available on the website of the register. That form shall contain the following information:

(a)  the registrant that is the subject of the complaint;

(b)  the name and contact details of the complainant;

(c)  details of the alleged non-compliance with the code of conduct, including possible documents or other materials supporting the complaint, an indication of whether any harm was caused to the complainant and grounds for suspecting intentional non-compliance.

Anonymous complaints shall not be considered.

2.  The complaint shall specify the clauses of the code of conduct which the complainant alleges have not been complied with. Any complaint, where the non-compliance is, from the outset, deemed to be clearly unintentional by the JTRS, may be re-qualified by the JTRS as an "alert".

3.  The code of conduct shall apply exclusively to relations between interest representatives and the EU institutions and may not be used to regulate relations between third parties or between registrants.

Stage 2: Admissibility

4.  On reception of the complaint the JTRS shall:

(a)  acknowledge receipt of the complaint to the complainant within five working days;

(b)  determine whether the complaint falls within the scope of the register, as outlined in the code of conduct set out in Annex 3 and stage 1 above;

(c)  verify any evidence adduced to support the complaint, whether this takes the form of documents, other materials or personal statements; in principle any material evidence shall be sourced from the registrant concerned, from a document issued by a third party or from publicly available sources. Mere value judgments presented by the complainant shall not be considered to be evidence;

(d)  on the basis of the analyses referred to in points (b) and (c), decide on the admissibility of the complaint.

5.  If the complaint is deemed inadmissible, the JTRS shall inform the complainant in writing, stating the reasons for the decision.

6.   If the complaint is deemed admissible, both the complainant and the registrant concerned shall be informed by the JTRS of the decision and of the procedure to be followed, as set out below.

Stage 3: Handling of an admissible complaint - examination and provisional measures

7.  The registrant concerned shall be notified by the JTRS of the content of the complaint and of the clause(s) allegedly not complied with and shall be invited at the same time to submit a position in response to that complaint within 20 working days. In support of that position, and within the same timeframe, a memorandum produced by a representative professional organisation may also be submitted by the registrant, in particular for regulated professions or organisations subject to a professional code of conduct.

8.  Non-compliance with the deadline indicated in paragraph 7 shall lead to a temporary suspension of the registrant concerned from the register until co-operation is resumed.

9.  All information collected during the investigation shall be examined by the JTRS which may decide to hear the registrant concerned, or the complainant, or both.

10.  If examination of the material provided shows the complaint to be unfounded, the JTRS shall inform both the registrant concerned and the complainant of the decision to that effect, stating the reasons for the decision.

11.  If the complaint is upheld, the registrant concerned shall be temporarily suspended from the register pending the taking of steps to address the issue (see Stage 4 below) and may be subject to a number of additional measures including removal from the register and withdrawal, where applicable, of any authorisation for access to the European Parliament's premises in accordance with the internal procedures of that institution (see Stage 5 and rows 2-4 in the table of measures below), notably in cases of non co-operation.

Stage 4: Handling of an admissible complaint - resolution

12.  Where a complaint is upheld and problematic issues are identified, the JTRS will take all necessary steps in cooperation with the registrant concerned to address and resolve the issue.

13.  If the registrant concerned co-operates, a reasonable period of time shall be allocated by the JTRS, on a case-by-case basis, to achieve resolution.

14.  Where a possible resolution of the issue has been identified, and the registrant concerned co-operates to give effect to that resolution, the registration pertaining to that registrant shall be reactivated, and the complaint closed. The JTRS shall inform both the registrant concerned and the complainant of the decision to that effect, stating the reasons for the decision.

15.  Where a possible resolution of the issue has been identified, and the registrant concerned does not co-operate to give effect to that resolution, the registration pertaining to that registrant shall be deleted (see rows 2 and 3 of the table of measures below). The JTRS shall inform both the registrant concerned and the complainant of the decision to that effect, stating the reasons for the decision.

16.  Where a possible resolution of the issue requires a decision from a third party, including an authority in a Member State, the final decision by the JTRS shall be suspended until such time as that decision has been taken.

17.  If the registrant does not co-operate within 40 working days of the notification of the complaint under paragraph 7, measures for non-compliance shall be applied (see paragraphs 19 to 22 of Stage 5 and rows 2 to 4 of the table of measures below).

Stage 5: Handling of an admissible complaint - measures to be applied in the event of non-compliance with the code of conduct

18.  Where immediate corrections are made by the registrant concerned, both the complainant and the registrant concerned will receive from the JTRS written acknowledgement of the facts and their corrections (see row 1 of the table of measures below).

19.  Failure to react by the registrant concerned within the deadline of 40 days set out in paragraph 17 shall result in removal from the register (see row 2 of the table of measures below) and loss of access to any incentives linked to registration.

20.  Where inappropriate behaviour has been identified, the registrant concerned shall be removed from the register (see row 3 of the table of measures below) and shall lose any incentives linked to registration.

21.  In cases referred to in paragraphs 19 and 20, the registrant concerned may re-register, if the grounds leading to removal have been remedied.

22.  Where either non-co-operation or inappropriate behaviour are deemed to be repeated and deliberate, or where serious non-compliance has been identified (see row 4 of the table of measures below), a decision to prohibit re-registration for a time period of either one year or two years (depending on the gravity of the case) shall be adopted by the JTRS.

23.  Any measure adopted under paragraphs 18 to 22 or rows 1 to 4 in the table of measures below shall be notified by the JTRS to the registrant concerned and to the complainant.

24.  In cases where a measure adopted by the JTRS results in a long-term removal from the register (see row 4 in the table of measures below), the registrant concerned may - within 20 working days of the notification of the measure - submit a reasoned request for re-examination of that measure to the Secretaries-General of the European Parliament and of the European Commission.

25.  Upon expiry of the 20 days deadline or after the Secretaries-General have taken a final decision, the relevant Vice-President of the European Parliament and the relevant Vice-President of the European Commission shall be informed and the measure shall be mentioned publicly in the register.

26.  Where a decision on prohibiting re-registration for a certain time period entails a withdrawal of the possibility of requesting authorisation to access the European Parliament's premises as an interest representative, a proposal by the Secretary-General of the European Parliament shall be submitted to the College of Quaestors, who shall be invited to authorise the withdrawal of the related access authorisation held by the individual or individuals concerned for that time period.

27.  In its decisions on applicable measures under this Annex, the JTRS shall have due regard to the principles of proportionality and good administration. The JTRS shall operate under the coordination of a Head of Unit in the Secretariat-General of the European Commission, and under the authority of the Secretaries-General of the European Parliament and the European Commission, who shall be kept duly informed.

Table of measures available in the event of non-compliance with the code of conduct

Type of non-compliance (numbers refer to the paragraphs above)

Measure

Publication of measure in the register

Formal decision to withdraw access to European Parliament premises

1

Non-compliance, immediately corrected (18)

Written notification acknowledging the facts and their correction.

No

No

2

Non-co-operation with JTRS (19 and 21)

Removal from the register, de-activation of the authorisation for access to European Parliament premises and loss of other incentives

No

No

3

Inappropriate behaviour (20 and 21)

Removal from the register, de-activation of the authorisation for access to European Parliament premises and loss of other incentives.

No

No

4

Repeated and deliberate non-co-operation or repeated inappropriate behaviour (22) and/or serious non-compliance.

a)  Removal from the register for one year, and formal withdrawal of the authorisation for access to European Parliament premises (as an accredited interest group representative) ;

b)  Removal from the register for two years and formal withdrawal of the authorisation for access to European Parliament premises (as an accredited interest group representative).

Yes, by decision of the Secretaries-General of the European Parliament and of the European Commission.

Yes, by decision of College of Quaestors

(1)OJ C 377 E, 7.12.2012, p. 176.
(2)OJ L 191, 22.7.2011, p. 29.
(3) OJ C 271 E, 12.11.2009, p. 48.
(4)As laid down by the Quaestors at their ordinary meeting held on 19 April 2012, PV QUAEST.
(5) OJ L 191, 22.7.2011, p. 29.
(6) OJ C 271 E, 12.11.2009, p. 48.
(7) OJ C 377 E, 7.12.2012, p. 176.
(8) The professional code of conduct by which a registrant is bound may impose obligations which are more stringent than the requirements of the code of conduct set out in Annex 3.
(9) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
(10) OJ: please insert the date: 3 months after the date of entry into force of this agreement.
(11) Registrants can request authorisation for access to the European Parliament's premises at the end of the registration process. The names of individuals who receive access passes to the European Parliament's premises shall be inserted in the register. Registration shall not confer an automatic entitlement to such an access pass.
(12) http://ec.europa.eu/budget/fts/index_en.htm
(13) Point (d) requires interest representatives, in their relations with the EU institutions and their Members, officials and other staff, to "ensure that, to the best of their knowledge, information which they provide upon registration and subsequently in the framework of their activities covered by the register is complete, up-to-date and not misleading" and to "accept that all information provided is subject to review and agree to co-operate with administrative requests for complementary information and updates;".


Tripartite social summit for growth and employment
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European Parliament resolution of 15 April 2014 on the proposal for a Council decision on a Tripartite Social Summit for Growth and Employment (COM(2013)07402013/0361(APP))
P7_TA(2014)0377A7-0136/2014

The European Parliament,

–  having regard to the proposal for a Council decision (COM(2013)0740),

–  having regard to Rule 81(3) of its Rules of Procedure,

–  having regard to the interim report of the Committee on Employment and Social Affairs (A7-0136/2014),

1.  Requests the Council to take into account the following modifications:

The proposal for a Council decision should be modified as follows:

Text proposed by the Commission   Modification
Modification 1
Proposal for a Council decision
Recital 8
(8)  In its conclusions of 28 June 2013, the European Council noted that the social dimension of the EMU should be strengthened and highlighted in this context the key role of the social partners and social dialogue. Accordingly, the Commission in its Communication (COM(2013)690) of 2 October 2013 on the social dimension of the EMU, addressed the issue of promoting social dialogue at national and EU levels and announced a proposal to revise the 2003 Council Decision.
(8)  In its conclusions of 28 June 2013, the European Council noted that the social dimension of the EMU should be strengthened and highlighted in this context the key role of the social partners and social dialogue. Accordingly, the Commission in its Communication (COM(2013)690) of 2 October 2013 on the social dimension of the EMU, addressed the issue of promoting social dialogue at national and EU levels and announced a proposal to revise the 2003 Council Decision, and referred to the Tripartite Social Summit as a key opportunity to involve the social partners in the European Semester process.
Modification 2
Proposal for a Council decision
Recital 9 a (new)

(9a)   In the Declaration by the European Social Partners on Social Partner Involvement in European Economic Governance adopted on 24 October 2013, the EU social partners confirmed their support for the Tripartite Social Summit for growth and employment and called for a coherent process of consultation of the social partners in the context of the European Semester.
Modification 3
Proposal for a Council decision
Article 1
The task of the Tripartite Summit for Growth and Employment shall be to ensure, in compliance with the Treaty and with due regard for the powers of the institutions and bodies of the Union, that there is a continuous concertation between the Council, the Commission and the social partners. It will enable the social partners at European level to contribute, in the context of their social dialogue, to the various components of the Union’s strategy for growth and jobs. For that purpose, it shall draw on the upstream work of and discussions between the Council, the Commission and the social partners in the different concertation forums on economic, social and employment matters.
The task of the Tripartite Summit for Growth and Employment shall be to ensure, in compliance with the Treaty and with due regard for the powers of the institutions and bodies of the Union, that there is a continuous concertation between the Council, the Commission and the social partners, as well as a coordination of their strategies towards a high level of quality and sustainable employment. It will enable the social partners at European level to contribute, in the context of their social dialogue and their expertise, to the various components of the Union’s strategy for growth and jobs. For that purpose, it shall draw on the upstream work of and discussions between the Council, the Commission and the social partners in the different concertation forums on economic, social and employment matters.
Modification 4
Proposal for a Council decision
Article 2 – paragraph 1
1.  The Summit shall consist of the President of the European Council, the Council Presidency and the two subsequent presidencies, the Commission and the social partners, represented at the highest level. The ministers from those three presidencies and the Commissioner responsible for employment and social affairs shall also be present. Depending on the agenda, other ministers from these three presidencies and other Commissioners may also be invited to take part.
1.  The Summit shall consist of the President of the European Council, the Council Presidency and the two subsequent presidencies, the Commission and the social partners, represented at the highest level. The ministers from those three presidencies and the Commissioner responsible for employment and social affairs shall also be present. Depending on the agenda, other ministers from these three presidencies, other Commissioners and the Chair of the Committee on Employment and Social Affairs of the European Parliament may also be invited to take part. .
Modification 5
Proposal for a Council decision
Article 2 – paragraph 3 – subparagraph 1
Each delegation shall consist of representatives of European cross-industry organisations, either representing general interests or more specific interests of supervisory and managerial staff and small and medium-sized businesses at European level.
Each delegation shall consist of representatives of European cross-industry organisations, either representing general interests or more specific interests of supervisory and managerial staff and micro, small and medium-sized businesses at European level.
Modification 6
Proposal for a Council decision
Article 2 – paragraph 3 – subparagraph 2
Technical coordination shall be provided for the workers’ delegation by the European Trade Union Confederation (ETUC) and for the employers’ delegation by the Confederation of European Business (BUSINESSEUROPE). The ETUC and BUSINESSEUROPE shall ensure that the views expressed by the specific and sectoral organisations are fully taken into account in their contributions and shall, where appropriate, include representatives from some of those organisations in their delegations.
Technical coordination shall be provided for the workers’ delegation by the European Trade Union Confederation (ETUC) and for the employers’ delegation by the Confederation of European Business (BUSINESSEUROPE). The ETUC and BUSINESSEUROPE shall ensure that the views expressed by the specific and sectoral organisations are fully taken into account in their contributions and shall, where appropriate, include representatives from some of those organisations with the authority to speak in their delegations.
Modification 7
Proposal for a Council decision
Article 3 – paragraph 1
1.  The agenda for the Summit shall be determined jointly by the Council, the Commission and the workers’ and employers’ cross-industry organisations taking part in the work of the Summit. To this end, preparatory meetings take place between the services of the Council, the Commission and with ETUC and BUSINESSEUROPE.
1.  The agenda for the Summit shall be determined jointly by, and based on the equal partnership between, the Council, the Commission and the workers’ and employers’ cross-industry organisations taking part in the work of the Summit. To this end, preparatory meetings take place between the services of the Council, the Commission and with ETUC and BUSINESSEUROPE.
Modification 8
Proposal for a Council decision
Article 3 – paragraph 2
2.  The matters on the agenda shall be discussed by the Council meeting in its Employment, Social Policy, Health and Consumer Affairs configuration.
2.  The matters on the agenda shall be discussed by the Council meeting in its Employment, Social Policy, Health and Consumer Affairs configuration, based as appropriate on a contribution of all its preparatory bodies.
Modification 9
Proposal for a Council decision
Article 4 – paragraph 1
1.  The Summit shall meet at least twice a year. The meetings shall be held before the respective spring and autumn sessions of the European Council.
1.  The Summit shall meet at least twice a year. The meetings shall be held before the respective spring and autumn sessions of the European Council, and the outcome of the Summit shall be presented to the following European Council for decision-making.
Modification 10
Proposal for a Council decision
Article 5
2.Instructs its President to forward this resolution to the Council and the Commission.
The joint chairmen shall draw up a summary of the Summit’s discussions in order to inform the relevant Council configurations and the general public.
The joint chairmen shall draw up a summary of the Summit’s discussions in order to inform the relevant Council configurations, the European Parliament and the general public.

MFF negotiations 2014-2020: lessons to be learned and the way forward
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European Parliament resolution of 15 April 2014 on negotiations on the MFF 2014-2020: lessons to be learned and the way forward (2014/2005(INI))
P7_TA(2014)0378A7-0254/2014

The European Parliament,

—  having regard to the proposal for a Council regulation laying down the multiannual financial framework (MFF) for the years 2014-2020 (COM(2011)0398), amended on 6 July 2012 (COM(2012)0388), and to the Draft Interinstitutional Agreement (IIA) between the European Parliament, the Council and the Commission on cooperation in budgetary matters and on sound financial management (COM(2011)0403),

—  having regard to its consent of 19 November 2013 to the MFF Regulation(1), in accordance with Article 312 of the Treaty on the Functioning of the European Union, and to its approval, on the same day, of the conclusion of the IIA(2),

—  having regard to the MFF and IIA, as finally adopted on 2 December 2013 and published in the Official journal on 20 December 2013,

—  having regard to its resolution of 8 June 2011 on ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’(3),

—  having regard to its resolution of 23 October 2012 in the interests of achieving a positive outcome of the Multiannual Financial Framework 2014-2020 approval procedure(4),

—  having regard to its resolution of 13 March 2013 on the European Council conclusions of 7-8 February 2013 concerning the Multiannual Financial Framework(5),

—  having regard to its resolution of 3 July 2013 on the political agreement on the Multiannual Financial Framework 2014-2020(6),

—  having regard to its resolution of 12 December 2013 on relations between the European Parliament and the institutions representing the national governments(7),

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

—  having regard to the report of the Committee on Budgets and the opinions of the Committee on Constitutional Affairs, the Committee on Employment and Social Affairs, the Committee on Regional Development and the Committee on Civil Liberties, Justice and Home Affairs (A7-0254/2014),

A.  whereas the agreement on the MFF 2014-2020 was the outcome of long and strenuous negotiations that lasted two and a half years; whereas the final political agreement could only be reached at the highest political level between the three Presidents (Parliament, the Council Presidency and the Commission) according to Article 324 of the TFEU;

B.  whereas the overall level of the next MFF (EUR 960 billion in commitments, EUR 908 billion in payments at 2011 prices), as decided by the European Council and eventually endorsed by Parliament, represents a cut of 3,5 % in commitments and 3,7 % in payments compared to the 2007-2013 financial framework, despite the growing EU competences following the Lisbon Treaty and the enlargement of the Union to 28 Member States; whereas this level falls short of EU political goals and commitments, in particular in relation to the Europe 2020 strategy;

C.  whereas the EU annual budget will continue to represent approximately 1 % of EU GNI in the coming years, a level reached already in the early 1990s, and well below the own resources ceiling of 1,29 % of EU GNI for commitments and 1,23 % of EU GNI for payments, as decided initially in 1992 and reconfirmed in 2010;

D.  whereas, faced politically with the impossibility of changing the overall MFF figures decided by the European Council, Parliament focused on improving the implementation of the MFF by successfully negotiating the inclusion of new provisions that will help to make the new financial framework and the new EU annual budget more operational, consistent, transparent and responsive to the needs of EU citizens and to allow the MFF ceilings to be used to the fullest possible extent; whereas these provisions concern, in particular, the new arrangements relating to the MFF revision, flexibility, the unity and transparency of the EU budget, along with a further engagement on reforming the financing of the EU budget (Joint Declaration on own resources);

E.  whereas, in adherence to the guiding principle that ‘nothing is agreed until everything is agreed’, Parliament gave its consent to the new MFF Regulation and approved the new Interinstitutional Agreement on 19 November 2013, following the Council’s fulfilment of the conditions set out in Parliament’s resolution of 3 July 2013, including the adoption of an additional EUR 11,2 billion in payments for 2013;

F.  whereas the Council failed to make any progress on a much needed reform of the current system for financing the EU budget, despite the ambitious proposals put forward by the Commission aimed not only at overcoming the stalemate caused by the lack of a genuine own resources system but also at making the system of financing the EU budget simpler, fairer and transparent to EU citizens;

G.  whereas, following the agreement on the MFF 2014-2020, the MFF remains non‑coterminous with the mandates of the Parliament and Commission whose terms begin in 2014;

H.  whereas the possibilities made available in the Treaty of Lisbon to modify the decision-making procedures for the MFF and own resources decisions were not exploited;

1.  Strongly regrets the fact that both the procedure leading up to the agreement on the MFF 2014-2020 and the political debate surrounding these negotiations demonstrated a clear lack of shared vision as regards the EU budget and political priorities, showed that there are very divergent approaches among the EU institutions, and fell short of Parliament’s increased role and prerogatives under the Treaty of Lisbon; considers it of the utmost importance, therefore, that this report draw the necessary political and institutional lessons, which can serve as a basis for the preparation of future negotiations, notably in relation to the post-electoral revision of the MFF, due to be launched by the Commission before the end of 2016 at the latest;

Political considerations

2.  Acknowledges that the fiscal consolidation that Member States are currently facing made a more ambitious agreement on the MFF 2014-2020 infeasible; deeply regrets, however, the fact that the role of the EU budget as an important and common policy instrument for overcoming the current economic and social crisis was not properly recognised; points out that the EU budget is primarily an investment budget that offers a unique framework for coordinating and enhancing national efforts made to regain growth, stimulate competitiveness and generate employment in the whole EU;

3.  Is deeply concerned at the fact that budgetary debates in the Council have been for many years poisoned by the logic of ‘fair returns’ instead of being driven by the logic of the European added-value; considers that, while this debate already existed before the introduction of a GNI-based resource, the situation has seriously intensified due to the current system of EU financing, whereby some 74 % of revenues stem from national contributions based on GNI instead of genuine own resources, as foreseen in the Treaty of Rome and all successive EU Treaties; considers that such a system places disproportionate emphasis on net balances between the Member States and has led to the progressive introduction of complex and opaque rebates and other correction mechanisms for the financing of the EU budget;

4.  Believes that this logic also prevailed in the way the MFF agreement was struck by the European Council on 8 February 2013; considers it regrettable that this was reflected in the fact that the national allocations, especially from the two biggest areas of expenditure in the EU budget, agriculture and cohesion policy, were determined at that moment; criticises, in particular, the increased number of special allocations and ‘gifts’ granted in the course of negotiations between Heads of State and Government, which are not based on objective and verifiable criteria, but rather reflect the bargaining power of Member States, trying to secure their national interests and maximise their net returns; denounces the lack of transparency in striking this agreement and the reluctance of the Council and the Commission to provide Parliament with all relevant documents; highlights that the European added value should prevail over national interests;

5.  Strongly rejects this purely accounting vision of the EU budget, which disregards the European added value, contradicts the principle of EU solidarity and underestimates the current and potential role of the EU budget in strengthening economic governance; stresses that the EU budget is predominantly an investment budget with a strong leverage effect that makes possible a number of projects that would otherwise be difficult or impossible to implement, a catalyst for growth, competitiveness and jobs across the Union and a powerful agent for reform; strongly regrets, therefore, that some Member States seem to regard national contributions to the EU budget purely as a cost to be minimised;

6.  Regrets that the European Council took a top-down approach to deciding the overall size of the MFF 2014-2020, which in turn demonstrates a worrying discrepancy between EU political commitments which the European Council has been making and its reluctance to adequately finance them; believes, on the contrary, that this decision should be based on a bottom-up process, resulting from a thorough assessment of EU financial needs and political objectives as set out in EU multiannual programmes and policies defined by the legislative authority;

7.  Is, therefore, convinced that any decision on the financial framework should be preceded by – and based on – a genuine political debate on the role, function and added value of the EU budget and on its compatibility with the political strategy adopted by the Union and operational priorities and objectives assigned to the Union; considers that, in order to bridge the gap between divergent visions on what the EU budget stands for and what it can achieve, this debate should be organised in due time and involve the three EU institutions and all national parliaments, but also engage the highest political level in the Member States;

8.  Is convinced, moreover, that tangible progress can only be achieved following an in-depth reform of the financing of the EU budget that should respect the letter and the spirit of the Treaty and return to a system of genuine, clear, simple and fair own resources; stresses that the introduction of one or several new own resources will reduce the share of GNI-based contributions to the EU budget to a minimum and, accordingly, reduce the burden on national treasuries; reiterates its strong commitment to any process leading to the reform of the system of own resources, which is currently characterised by its complexity, opacity and inefficiency; regrets that the final Council agreement on own resources is even more complex than the previous one since it has introduced new rebates and exceptions;

Institutional considerations

9.  Recalls that Parliament was the first EU institution to present its vision on the MFF 2014-2020 and the need to reform the financing of the EU budget, with the report of its specialised SURE Committee, in June 2011; believes that this early preparation helped Parliament to establish a large consensus on political priorities and remain united throughout the subsequent negotiating process; considers further that this report provided guidance for the Commission in drafting its own proposals on the MFF and own resources and appreciates the regular political dialogue that was established between the two institutions at all stages of the preparation of this report; considers that this practice should be further developed into a more structured dialogue between the two institutions ahead of the presentation of any MFF proposals;

10.  Recalls that, pursuant to Article 312 TFEU, the Council unanimously adopts the MFF Regulation after obtaining the consent of Parliament, while the three EU institutions ‘shall take any measure necessary to facilitate its adoption’; notes, therefore, that the Treaty does not set out any concrete procedure for the involvement of Parliament in the MFF negotiations and that these modalities were subsequently determined in practice through a number of ad hoc arrangements agreed at political level at Parliament’s initiative;

11.  Considers it regrettable that, prior to the European Council agreement on the MFF of 8 February 2013, no meaningful negotiations were held between Parliament and the Council; considers that the numerous meetings held between its negotiating team and the successive Council presidencies on the margins of the relevant General Affairs Council meetings, and its participation in informal Council meetings dealing with the MFF, facilitated only some information-sharing between the Council and Parliament; sees, therefore, the need for Parliament to build further on the experience acquired and to use all means available to strengthen its influence on the spirit, calendar and content of the negotiations with the Council, by making the Council better acknowledge Parliament’s arguments and positions;

12.  Deplores the fact that, despite Parliament’s strong objections, all successive ‘negotiating boxes’ presented by different Council presidencies and, ultimately, the European Council MFF agreement of 8 February 2013 contained a significant number of legislative elements that should have been decided under the ordinary legislative procedure; stresses that the legally required unanimity in the Council on the MFF Regulation could only be achieved by pre-empting certain major policy changes in EU sectoral policies, thereby hindering, in clear contradiction with the Treaties, Parliament’s prerogatives under co-decision, and in particular its right to amend on an equal footing with the Council;

13.  Notes that genuine negotiations on the MFF Regulation and the IIA were launched only in May 2013, with Council negotiators not having a formal negotiating mandate but instead considering the MFF agreement by the European Council as the only point of reference, with no margin for any discussion; stresses that this attitude not only led to an unnecessary loss of time but also to the unacceptable attempt by Council to exclude certain topics from the negotiations, forcing Parliament to struggle, including at the highest political level, in order to engage in negotiations on every article of the MFF Regulation / IIA;

14.  Recalls that, according to the Treaty, the European Council does not exercise legislative functions; insists, therefore, that the conclusions of the European Council are to be seen as negotiating instructions for the Council and that they in no case constitute red lines which cannot be negotiated with Parliament; calls for a standard formula recalling the provisions of Article 15(1) TFEU to be included in the conclusions of the European Council;

15.  Deeply regrets the fact that the same problem marked the negotiations on EU multiannual programmes, notably in agriculture and cohesion policy; notes that the Council refused in several instances even to refer to the ‘MFF-related aspects’ of those legal bases; stresses the considerable effort and time that was needed by Parliament to ensure that all points of the legal bases decided by co-decision between the Council and Parliament remained on the negotiating table; notes with satisfaction that Parliament’s negotiators were eventually successful in challenging some parts of the European Council agreement;

16.  Notes that the MFF figures (overall level and distribution per heading), as decided by the European Council, were not challenged in the end by Parliament, which acknowledged the particularly difficult economic and financial context at the time of this decision; stresses, however, that this should by no means be perceived as a precedent and reiterates its position that the MFF figures, and every other part of the European Council’s relevant political agreement, are subject to negotiations with Parliament;

17.  Stresses the need to significantly improve the modalities of any future MFF negotiations, in order to avoid deadlocks and save valuable time and resources in the course of negotiations; considers that these modalities should be formalised in an agreement at the highest political level, which should take account of the shortcomings of the recent negotiations and fully safeguard Parliament’s role and prerogatives, as set out in the EU Treaty; considers that this procedure should eventually be enshrined in the IIA itself, as is the case for the budgetary procedure;

18.  Points to the tremendous amount of information exchange and coordination required inside Parliament to ensure consistency in the parallel negotiations of the MFF and the legislative bases of over 60 multiannual programmes; underlines that it is of high importance to distinguish the issues that are to be adopted by codecision and keep them in the remit of the respective committees to the maximum extent possible; suggests that in the next MFF negotiations the European Parliament should approach the legislative proposals in parallel and finally adopt them as a package, applying the principle that nothing is agreed until everything is agreed to the maximum extent possible;

19.  Is convinced that the unanimity rule in the Council means that the agreement represents the lowest common denominator, based on the need to avoid the veto of a single Member State; stresses that a shift towards qualified majority voting for the MFF Regulation would be in line not only with the ordinary legislative procedure, used for the adoption of virtually all EU multiannual programmes, but also with the annual procedure for adopting the EU budget;

20.  Notes that the general passerelle clause (Article 48(7) TEU) could be deployed by the European Council to make the shift towards qualified majority voting and the ordinary legislative procedure for the own resources and MFF decisions; recalls, moreover, that Article 312(2) TFEU in any case allows for the adoption of qualified majority voting for the MFF; urges the European Council to use both these passerelles for their intended purpose in order to streamline decision-making in the Council and to limit the extent to which the politics of national ‘juste retour’ prevail over the articulation of the common interest of the Union as a whole;

MFF 2014-2020: the way forward

21.  Declares its intention to ensure that all new provisions that were successfully incorporated into the MFF Regulation and IIA are utilised in full in the annual budgetary procedure; expects that the Council will not attempt to impose restricted interpretations of these provisions, especially on the nature and scope of all special instruments, but that it will instead act responsibly and approve the necessary appropriations to meet both its previous commitments and unforeseen expenditure even if, as a result, the annual MFF ceilings need to be exceeded; recalls, in that context, that the MFF 2014-2020 ceilings have been set far below the own resources ceilings;

22.  Places particular emphasis on the new rules on flexibility that should allow maximum use of the respective MFF ceilings for commitments and payments; stresses that the practice of previous financial frameworks whereby the annual EU budget remained far below the MFF ceilings, particularly in payment appropriations, can no longer be sustained;

23.  Stresses, in this context, that the accumulated RALs have reached a critical level that might eventually lead the EU budget into structural deficit against the provisions of the Treaty (Articles 310 and 323 TFEU); is deeply concerned that the amount of unpaid bills at the end of the year has been constantly growing since 2011 (EUR 23,4 billion at the end of 2013 from cohesion policy alone), which will put significant pressure on the payment ceilings of the MFF 2014-2020; stresses the need to set the annual payments’ ceilings of the MFF accurately by taking due account of, inter alia, the dynamics of cohesion policy, including the timing of programming, implementation, final closure of the programmes and decommitments;

24.  Emphasises that the purpose of the global margin for commitments is to support investments for growth and employment in Europe, and in particular youth employment; recalls that this instrument was an initiative by the European Parliament;

25.  Recalls that the next Commission, which will come into office after the 2014 European elections, is due to launch a compulsory review and revision of the MFF 2014-2020 by the end of 2016; underlines the fact that this post-electoral MFF review/revision clause was one of Parliament’s key demands in the MFF negotiations, based on the need to allow the next Commission and Parliament to reassess the EU’s political priorities, hence endowing the MFF with renewed democratic legitimacy; emphasises that, following the economic crisis, investment levels in Europe dropped significantly between 2008 and 2012 and recalls that according to some estimates(8), this will cost the continent EUR 540 billion in lost returns by 2020;

26.  Stresses the need, in view of the post-electoral MFF review/revision, for the next Parliament to reflect in good time on political priorities, i.e. to identify areas for which more investments will be deemed necessary in the second half of the MFF 2014-2020; invites, for this purpose, the next Commission and the next Parliament to carefully evaluate the achievements of the targets of the Europe 2020 strategy, particularly in terms of employment and combatting the economic crisis, as well as the performance of key EU programmes, like Horizon 2020, in order to focus on areas of proven added value of EU spending and for which additional financial resources will be required;

27.  Calls for the MFF mid-term review to prepare for an eventual reduction in the period for which the next MFF is agreed, so as to ensure its subsequent renegotiation during the mandate of each Parliament and Commission, thus ensuring full democratic legitimacy for regular decisions on the financial perspectives of the Union, while taking steps to meet the need for stability of programming cycles and for investment predictability; strongly believes that a five-year MFF cycle would enhance democratic legitimacy, improve the prioritisation of budgetary means and could be considered a precondition for more political debate;

28.  Stresses that the Commission proposals for the MFF revision should take full account of the latest macroeconomic projections and include a thorough assessment of the operation of all special instruments, in particular the global margins in commitments and payments; recalls that this process will not have a downward impact on any pre-allocated national envelopes, including the ESF share of these national envelopes; expects, in this context, the Commission to provide Parliament and Council with identical and consistent data on figures and estimates in order to avoid misunderstandings in the negotiations with regard to the basis of discussion;

29.  Stresses the need to stimulate a broad and open discussion on the results achieved with the EU’s funding programmes, and in particular an assessment of the extent to which these programmes contribute to the achievement of the Europe 2020 objectives;

30.  Emphasises that innovative financial instruments such as the European project bonds can have a very important role to play in stimulating much needed investments if designed correctly; urges the Commission in this regard to make optimal use of the upcoming evaluation also in the context of the review/revision of the MFF 2014-2020;

31.  Welcomes the Joint Declaration by the three institutions agreed in the context of the MFF negotiations according to which the annual budgetary procedures will integrate, as appropriate, gender-responsive elements, taking into account the ways in which the overall financial framework of the Union contributes to increased gender equality (and ensures gender mainstreaming); stresses that these principles should be integrated into the Commission’s proposals on the MFF revision;

32.  Reiterates its intention to make the compulsory MFF revision a key demand in the investiture of the next Commission; calls, therefore, on the next European Parliament to make the election of the proposed candidate for President of the Commission conditional upon a strong and non-ambiguous commitment to implementing the post-electoral review/revision clause and engaging in a genuine and deep political dialogue on its content;

33.  Notes that the new Rules 70 and 70a (interinstitutional negotiations in legislative procedures) of Parliament’s Rules of Procedure will apply for the next round of negotiations ; recommends that, early in Parliament’s next mandate, the committee responsible for the Rules of Procedure be asked to look at rationalising those rules with Rule 75 (MFF), Rule 75c (financial trialogue) and Rule 81(3) (consent procedure) with a view to drafting a single coherent Rule specific to the special legislative procedures laid down in Articles 311 and 312 TFEU concerning the determination of the mandate, the conduct of the trialogues (including the role of the President), and scrutiny by the plenary;

34.  Considers that, at the time of the next revision of the Treaties, the Convention should make proposals for a system of genuine codecision between the Council and Parliament on the adoption of the MFF and own resources decisions;

35.  Strongly believes that the High Level Group on Own Resources represents a unique opportunity to overcome the deadlock that has arisen over the reform of the current own-resources system; expects that it will contribute significantly to understanding the shortcomings of the current system and the benefits that can derive from an in-depth, comprehensive reform and the introduction of new and genuine own resources which can significantly reduce the share of GNI contributions to the EU budget;

36.  Recalls that the High Level Group has a mandate to examine all aspects of the reform of the own resources system; is firmly committed to working intensively, through its three representatives, at all stages of this process and to bringing it to a successful conclusion; counts on the Council’s equal ‘ownership’ and commitment to this process; emphasises the need to raise awareness also among national parliaments of the issues at stake; stresses that the findings and conclusions of this High Level Group should be ready in good time to be considered during the 2016 MFF review/revision, in order to pave the way for possible reforms to become operational by the next multiannual financial framework;

37.  Expresses its firm conviction that any new fiscal capacity or budget developed specifically for eurozone Member States whose fiscal functions are not covered by the MFF must be developed within the Union framework and must be subject to proper democratic scrutiny and accountability through the existing institutions;

o
o   o

38.  Instructs its President to forward this resolution to the European Council, the Council, the Commission and the national parliaments.

(1) Texts adopted, P7_TA(2013)0455.
(2) Texts adopted, P7_TA(2013)0456.
(3) OJ C 380 E, 11.12.2012, p. 89.
(4) OJ C 68 E, 7.3.2014, p. 1.
(5) Texts adopted, P7_TA(2013)0078.
(6) Texts adopted, P7_TA(2013)0304.
(7) Texts adopted, P7_TA(2013)0599.
(8) Address by the Chairman of the Board of Governors of the EIB during 2014 European Interparliamentary Week, 21 January 2014.


Enhancing worker mobility by improving the acquisition and preservation of supplementary pension rights ***II
PDF 192kWORD 34k
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 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (17612/1/2013 – C7-0059/2014 – 2005/0214(COD))
P7_TA(2014)0379A7-0188/2014

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (17612/1/2013 – C7‑0059/2014),

–  having regard to its position at first reading(1) on the Commission proposal to Parliament and the Council (COM(2005)0507),

–  having regard to the amended Commission proposal (COM(2007)0603),

–  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 Employment and Social Affairs (A7-0188/2014),

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 146 E, 12.6.2008, p. 216.


Food and feed law, rules on animal health and welfare, plant health, plant reproductive material and plant protection products ***I
PDF 1356kWORD 1076k
Resolution
Consolidated text
European Parliament legislative resolution of 15 April 2014 on the proposal for a regulation of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant reproductive material, plant protection products and amending Regulations (EC) No 999/2001, 1829/2003, 1831/2003, 1/2005, 396/2005, 834/2007, 1099/2009, 1069/2009, 1107/2009, Regulations (EU) No 1151/2012, [….]/2013 and Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC, 2008/120/EC and 2009/128/EC (Official Controls Regulation) (COM(2013)0265 – C7-0123/2013 – 2013/0140(COD))
P7_TA(2014)0380A7-0162/2014

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2013)0265),

–  having regard to Article 294(2) and Articles 43(2), 114 and 168(4)(b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0123/2013),

–  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 Luxembourg Chamber of Deputies, 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 16 October 2013(1),

–  having regard to the opinion of the Committee of the Regions of 29 November 2013(2),

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

–  having regard to the report of the Committee on Environment, Public Health and Food Safety and the opinion of the Committee on Agriculture and Rural Development (A7-0162/2014),

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 official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health, plant reproductive material, plant protection products and amending Regulations (EC) No 999/2001, (EC) No 1829/2003, (EC) No 1831/2003, (EC) No 1/2005, (EC) No 396/2005, (EC) No 834/2007, (EC) No 1099/2009, (EC) No 1069/2009, (EC) No 1107/2009, Regulations (EU) No 1151/2012, (EU) No …./2013(3), and Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC, 2008/120/EC and 2009/128/EC (Official controls Regulation) [Am. 1]

P7_TC1-COD(2013)0140


(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 43(2), Article 114 and and point (b) of Article168(4) thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the European Economic and Social Committee(4),

Having regard to the opinion of the Committee of the Regions(5),

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

Whereas:

(1)  The Treaty on the Functioning of the European Union ('Treaty') requires a high level of human health protection to be ensured in the definition and implementation of all Union policies and activities. The achievement of that objective should, inter alia, be pursued via measures in the veterinary and phytosanitary fields which have as their direct objective the protection of human health.

(2)  The Treaty also provides that the Union is to contribute to the attainment of a high level of consumer protection by the measures it adopts in the context of the completion of the internal market.

(3)  Union legislation provides for a set of harmonised rules to ensure that food and feed are safe and wholesome and that activities which might have an impact on the safety of the food chain or on the protection of consumers interests in relation to food and food information are carried out in accordance with specific requirements. Union rules exist also to ensure a high level of human, and animal and plant health and animal welfare along the food chain and in all those areas of activity where a key objective is the fight against the possible spread of animal diseases, in some cases transmissible to humans, or of pests injurious to plants or plant products, and to ensure the protection of the environment from risks that might arise from genetically modified organisms (GMOs) and plant protection products. Union rules also guarantee the identity and quality of plant reproductive material. The correct application of those rules, hereinafter collectively referred to as 'Union agri-food chain legislation', contributes to the functioning of the internal market. [Am. 2]

(4)  The basic Union rules with regard to food and feed law are laid down in Regulation (EC) No 178/2002 of the European Parliament and of the Council(7). In addition to those rules, more specific food and feed law covers different areas such as animal nutrition, including medicated feedingstuffs, food and feed hygiene, zoonoses, animal by-products, residues of veterinary medicinal products, contaminants, control and eradication of animal diseases with a human health impact, food and feed labelling, plant protection products, food and feed additives, vitamins, mineral salts, trace elements and other additives, food contact materials, quality and compositional requirements, drinking water, ionisation, novel foods and GMOs.

(5)  Union legislation on animal health aims to ensure high standards of human and animal health in the Union, the rational development of the agriculture and aquaculture sectors and to increase productivity. That legislation is necessary to contribute to the completion of the internal market in animals and animal products and to avoid the spread of infectious diseases of Union concern. It covers areas such as intra-Union trade, entry into the Union, disease eradication, veterinary controls and notification of diseases, and also contributes to the safety of food and feed.

(6)  Article 13 of the Treaty recognises that animals are sentient beings. Union legislation on animal welfare requires animal owners, animal keepers and competent authorities to respect animal welfare requirements guaranteeing their humane treatment and avoiding their unnecessary pain and suffering. Such rules are based on scientific evidence and may indirectly improve the quality and safety of food and feed.

(7)  Union legislation on plant health regulates the entry, establishment and spread of pests of plants that do not exist, or are not widely present, in the Union. Its objective is to protect the health of Union crops and of public and private green space and forests while simultaneously safeguarding the Union’s biodiversity and environment and guaranteeing the quality and safety of food and feed made from plants.

(8)  Union legislation on plant reproductive material regulates the production with a view to placing on the market, and the placing on the market, of plant reproductive material of agricultural, vegetable, forest, fruit and ornamental species and vines. The objective of those rules is to ensure the identity, health and quality of plant reproductive material for its users, and the productivity, diversity, health and quality of the agri-food chain as well as contributing to the protection of biodiversity and the environment. [Am. 3]

(9)  Union legislation on organic production and labelling of organic products provides a basis for the sustainable development of organic production and aims to contribute to the protection of natural resources, biodiversity and animal welfare, and the development of rural areas.

(10)  Union legislation on agricultural quality schemes for agricultural products and foodstuffs identifies products and foodstuffs farmed and produced to exact specifications whilst encouraging diverse agricultural production, protecting product names and informing consumers about the specific character of agricultural products and foodstuffs.

(11)  Union agri-food chain legislation is based on the principle that operators at all stages of production, processing and distribution within the businesses under their control are responsible for ensuring that the requirements established by Union agri-food chain legislation and which are relevant to their activities are fulfilled.

(12)  The responsibility to enforce Union agri-food chain legislation lies with Member States, whose competent authorities monitor and verify, through the organisation of official controls, that relevant Union requirements are effectively complied with and enforced.

(13)  Regulation (EC) No 882/2004 of the European Parliament and of the Council(8) has established a single legislative framework for the organisation of official controls. That framework has significantly improved the efficiency of official controls, the enforcement of Union agri-food chain legislation and the level of protection against risks to human, animal and plant health and animal welfare in the Union and the level of protection of the environment from risks that might arise from GMOs and plant protection products. It has also provided a consolidated legal framework to support an integrated approach towards the performance of official controls along the agri-food chain.

(14)  There are a number of provisions in Union agri-food chain legislation, the enforcement of which has not, or has only partially, been governed by Regulation (EC) No 882/2004. In particular, specific official control rules were kept in place in Union legislation on plant reproductive material and in Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002(9). Plant health also largely falls outside the scope of Regulation (EC) No 882/2004 with certain rules on official controls being laid down in Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(10). [Am. 4]

(15)  Council Directive 96/23/EC (11) also provides for a very detailed set of rules that establish, inter alia, minimum frequencies of official controls and specific enforcement measures to be adopted in cases of non-compliance.

(16)  In order to rationalise and simplify the overall legislative framework, whilst simultaneously pursuing the objective of better regulation, the rules applicable to official controls in specific areas should be integrated into a single legislative framework for official controls should be more closely integrated, provided that they pursue the same objective with regard to control activities. For that purpose, Regulation (EC) No 882/2004 and other acts currently governing official controls in specific areas should be repealed and replaced by this Regulation. [Am. 5]

(17)  This Regulation should seek to establish a harmonised Union framework for the organisation of official controls, and official activities other than official controls, along the entire agri-food chain, taking into account the rules on official controls laid down in Regulation (EC) No 882/2004 and in relevant sectoral legislation, and the experience gained from their application.

(18)  For the verification of compliance with the rules on the common organisation of the markets of agricultural products such as arable crops, wine, olive oil, fruit and vegetables, hops, milk and milk products, beef and veal, sheepmeat and goatmeat and honey, a well-established and specific control system is already in place. This Regulation should therefore not apply to the verification of compliance with the provisions of Council Regulation (EC) No 1234/2007(12), with the exception of Part II, Title II, Chapter I of that Regulation. [Am. 6]

(19)  Certain definitions currently set out in Regulation (EC) No 882/2004 should be adapted to take account of the broader scope of this Regulation, to align them with those set out in other Union acts, and to clarify or, where appropriate, replace terminology having different meanings in different sectors.

(20)  Union agri-food chain legislation entrusts the competent authorities of the Member States with specialised tasks to be carried out, not least for the protection of animal health, plant health and animal welfare and for the protection of the environment in relation to GMOs and plant protection products, and in order to ensure the identity and a high quality of plant reproductive material. Those tasks are the public interest activities which the competent authorities of the Member States are required to carry out for the purpose of eliminating, containing or reducing risks which may arise for human, animal or plant health, animal welfare, or for the environment. Those activities, which include product approval, surveying, surveillance and monitoring, including for epidemiologic purposes, and the eradication and containment of diseases, and other disease control tasks, are governed by the same sectoral rules which are enforced through the official controls. [Am. 7]

(21)  Competent authorities should be designated by the Member States in all the areas falling within the scope of this Regulation. While Member States are best placed to decide which competent authority or authorities to designate for each area, and at which level of the administration, they should also be required to designate a single authority that in each area ensures appropriately coordinated communication with other Member States' competent authorities and with the Commission.

(22)  Member States should be allowed to confer upon designated competent authorities the responsibility for official controls in relation to Union rules, including rules regarding alien species which may harm agricultural production or the environment by their invasive character, other than those falling within the scope of this Regulation.

(23)  For the performance of official controls aimed at verifying the correct application of Union agri-food chain legislation, and of the other official activities entrusted to Member State authorities by Union agri-food chain legislation, Member States should designate competent public authorities which act in the public interest, are and ensure the quality, consistency and effectiveness of official controls. The designated competent authority, or authorities, should be appropriately resourced and equipped, and offer guarantees of Member States should be able to guarantee their impartiality and professionalism. Competent authorities should ensure the quality, consistency and effectiveness of official controls. by ensuring their independence from any operator operating within the agri-food chain. [Am. 8]

(24)  The correct application and enforcement of the rules falling within the scope of this Regulation requires appropriate knowledge of both such rules and the rules of this Regulation. It is therefore important that the staff performing official controls and other official activities are regularly trained on the applicable legislation, according to their area of competence, as well as on the obligations resulting from this Regulation.

(24a)  The audits undertaken by the competent authorities, or at the request of the competent authorities, to ensure compliance with this Regulation may be based on international standards, where the requirements of those standards correspond to the requirements of this Regulation. [Am. 9]

(25)  Operators should have a the right to appeal against the decisions taken by the competent authorities, and be informed of such a. The competent authorities are to inform operators of this right. [Am. 10]

(26)  The competent authorities should ensure that, with the exception of internal reporting obligations, staff responsible for official controls do not disclose information acquired during the performance of such controls where that information is covered by professional secrecy. Unless there is an overriding interest justifying disclosure, professional secrecy should include information which would undermine the purpose of inspections, investigations or audits, the protection of commercial interests and the protection of court proceedings and legal advice. However, professional secrecy should not prevent competent authorities from disclosing Where there is a suspicion of risk to human or animal health or of other serious breaches of food law, the competent authorities should take suitable steps to inform the public. The measures taken should be in proportion to the scale of the infringement, in particular when naming specific products or operators concerned. Factual information on the outcome of an official controls control regarding individual operators may be divulged when the operator concerned has been allowed to comment upon it prior to the disclosure and such comments have been taken into account, or and released alongside and at the same time as the information being divulged by the competent authorities. The need to respect professional secrecy is also without prejudice to the obligation to inform the general public where there are reasonable grounds to suspect that food or feed may present a risk for health in accordance with Article 10 of Regulation (EC) No 178/2002. The obligation for competent authorities to inform the general public in cases where there are reasonable grounds to suspect that a food or feed may present a risk for human or animal health, in accordance with Article 10 of Regulation (EC) No 178/2002, and the right of individuals to the protection of their personal data as provided for in Directive 95/46/EC of the European Parliament and of the Council(13) should not be affected by this Regulation. [Am. 11]

(27)  Competent authorities should perform official controls regularly, on all the sectors and in relation to all operators, activities, animals and goods governed by Union agri-food chain legislation. The frequency of official controls should be established by the competent authorities having regard to the need to adjust the control effort to the risk and to the level of compliance expected in the different situations. In some cases, however, Union agri-food chain legislation requires that official controls be performed irrespective of the level of risk or expected non-compliance in view of the issuance of an official certificate or attestation which is a pre-requisite for the placing on the market or for the movements of animals or goods. In such cases the frequency of the official controls is dictated by the certification or attestation needs.

(28)  To preserve the effectiveness of official controls in the verification of compliance, no warning should be given prior to performing controls, unless the nature of the official control activities requires otherwise, as is the case in particular for audit activities.

(29)  Official controls should be thorough and effective and should ensure that Union legislation is applied correctly. Given that official controls may represent a burden for operators, competent authorities should organise and conduct official control activities taking their interests into account and limiting the said burden to what is necessary for the performance of efficient and effective official controls.

(29a)  Official controls should be performed by staff free from any conflict of interests, and in particular not engaged, directly or through a spouse, in an economic activity that is subject to the official controls laid down. [Am. 12]

(30)  Official controls should be performed with the same level of care by the competent authorities of the Member State irrespective of whether the rules being enforced apply to activities which are only relevant on the territory of that Member State or to activities which will have an impact on the compliance with Union legislation of animals and goods which are to be moved or placed on the market in another Member State or exported outside the Union. In the latter case, competent authorities may also be required, in accordance with Union legislation, to verify the conformity of animals and goods with requirements established by the third country of destination of such animals or goods.

(31)  To ensure that the Union agri-food chain rules are correctly enforced, the competent authorities should have the power to perform official controls at all stages of production, processing and distribution of animals and goods concerned by such rules. To ensure that official controls are thoroughly conducted and effective, the competent authorities should also have the power to perform official controls at all stages of production and distribution of goods, substances, materials or objects which are not governed by agri-food chain rules (for example, of veterinary medicinal products) insofar as this is necessary to fully investigate possible violations of those rules and to identify the cause of any such violation.

(32)  The competent authorities act in the interest of operators and of the general public by ensuring that the high standards of protection established by Union agri-food chain legislation are consistently preserved and protected through appropriate enforcement action, and that compliance with such rules is ascertained across the entire agri-food chain through official controls. The competent authorities should therefore be accountable to the operators and to the general public for the efficiency and effectiveness of the official controls they perform. They should provide access to information concerning the organisation and performance of official controls and other official activities, and regularly publish information concerning official controls and the results therefrom. Competent authorities should also, subject to certain conditions, be entitled to publish or to make available information about the rating of individual operators based on the outcome of official controls.

(33)  It is of the utmost importance that competent authorities ensure and verify the effectiveness and the consistency of the official controls they perform. For that purpose they should act on the basis of written documented procedures and should provide detailed information and instructions to staff performing official controls. They should also have appropriate procedures and mechanisms in place to continuously verify that their own action is effective and consistent, and take corrective action when shortcomings are identified.

(34)  To facilitate the identification of non-compliance and streamline the taking of corrective action by the operator concerned, the outcome of official controls which identify non-compliance with the rules should be recorded in a report,. A copy of which that report should also be given to the operator. Where official controls require the continuous or regular presence of the staff of the competent authorities to monitor the operator's activities, a report of each individual inspection or visit to the operator would be disproportionate. In such cases, reports should be prepared with a frequency that enables the competent authorities and the operator to be regularly informed of the level of compliance and immediately notified of any identified shortcomings. In the interests of reducing the administrative burden, it should also be sufficient to record the outcome of official controls at border control posts in the Common Health Entry Document. [Am. 13]

(35)  Operators should cooperate fully with competent authorities and delegated bodies to ensure the smooth performance of official controls and to enable the competent authorities to perform other official activities.

(36)  This Regulation establishes a single legislative framework for the organisation of official controls to verify compliance with agri-food chain rules in all the areas that such rules cover. In some of those areas, Union legislation lays down detailed requirements to be complied with which require special skills and specific means for the performance of official controls. To avoid diverging enforcement practices which could generate uneven protection of human, animal and plant health, animal welfare and, as regards GMOs and plant protection products, of the environment, disrupt the functioning of the internal market for animals and goods falling within the scope of this Regulation and distort competition, the Commission should be able to supplement the rules laid down in this Regulation through the adoption of specific official control rules capable of catering for the needs of controls of those areas.

In particular, such rules should lay down specific requirements for the performance of official controls and minimum frequencies for those controls, specific or additional measures to those provided for in this Regulation that competent authorities should take in relation to non-compliances, specific responsibilities and tasks of the competent authorities in addition to those provided for in this Regulation and specific criteria for triggering the administrative assistance mechanisms provided for in this Regulation. In other cases, such additional rules might become necessary in order to provide a more detailed framework for the performance of official controls in relation to food and feed, where new information emerges about risks to human or animal health or, in relation to GMOs and plant protection products to the environment, indicating that in the absence of common specifications for the performance of official controls across the Member States, the controls would fail to deliver the expected level of protection against those risks, as provided for by Union agri-food chain legislation.

(37)  The competent authorities should be able to delegate some of their tasks to other bodies. Appropriate conditions should be laid down to guarantee that the impartiality, quality and consistency of the official controls and of the other official activities are preserved. The delegated body should in particular be accredited according to the ISO standard for the performance of inspections.

(38)  To ensure the reliability and consistency of official controls and other official activities across the Union, the methods used for sampling and for laboratory analyses, tests and diagnoses should meet state-of-the-art scientific standards, satisfy the specific analytical, testing and diagnostic need of the laboratory concerned, and offer sound and reliable analytical, test and diagnostic results. Clear rules should be established for the choice of the method to be used where more than one is available from different sources, such as the International Organisation for Standardisation (ISO), the European and Mediterranean Plant Protection Organisation (EPPO), the International Plant Protection Convention (IPPC), the World Organisation for Animal Health (OIE), European Union and national reference laboratories, or national rules.

(39)  Operators whose animals or goods are subject to sampling, analysis, test or diagnosis in the context of official controls should have the right to apply for a second expert opinion which should include the taking of a second sample for the purposes of counter-analysis, counter-test or counter-diagnosis unless any such second sampling is technically impossible or irrelevant. Such would be the case, in particular, where the prevalence of the hazard is particularly low in the animal or good or its distribution particularly sparse or irregular. The IPPC for that reason rejects the use of counter-samples for assessing the presence of quarantine organisms in plants or plant products.

(40)  For the purposes of performing official controls on trade which take place through the internet or other remote means, competent authorities should be able to obtain samples through anonymously placed orders, also known as mystery shopping, which can then be analysed, tested or subject to a verification of compliance. All steps should be taken by the competent authorities to preserve the rights of the operators to a second expert opinion.

(41)  Laboratories designated by the competent authorities to carry out analyses, tests and diagnoses on samples taken in the context of official controls and other official activities should possess the expertise, equipment, infrastructure and staff to carry out such tasks to the highest standards. To ensure sound and reliable results, those laboratories should be accredited for the use of these methods according to standard EN ISO/IEC 17025 on 'General requirements for the competence of testing and calibration laboratories'. The accreditation should be delivered by a national accreditation body operating in accordance with Regulation (EC) No 765/2008 of the European Parliament and of the Council(14).

(42)  While accreditation is the instrument of choice to ensure state-of-the-art performance by official laboratories, it is also a complex and costly process, which would result in a disproportionate burden for the laboratory in cases where the method of laboratory analysis, test or diagnosis is particularly simple to perform and does not require specialised procedures or equipment, as is the case for the detection of Trichinella in the context of the inspection, in cases where the analyses or tests performed only concern qualitative aspects of plant reproductive material, and, under certain conditions, in cases where the laboratory only carries out analyses, tests or diagnoses in the context of other official activities and not of official controls.

(43)  In order to ensure flexibility and proportionality of approach, in particular for animal health or plant health laboratories, provision should be made for the adoption of derogations aimed at allowing certain laboratories not to be accredited for all the methods they use. Moreover, accreditation of a laboratory for all the methods it should use as official laboratory might not be immediately available in certain cases where new or recently modified methods should be used, and in cases of emerging risks or in emergency situations. Under certain conditions, official laboratories should therefore be allowed to carry out analyses, tests and diagnoses for the competent authorities before they obtain the relevant accreditation.

(44)  Official controls performed on animals and goods entering the Union from third countries are of key importance to ensure that they comply with legislation applicable within the Union and, in particular, with the rules established to protect across the Union human, animal and plant health, animal welfare and, as regards GMOs and plant protection products, the environment. Such official controls should take place as appropriate before or after the animals or goods are released for free circulation within the Union. The frequency of official controls should adequately address risks to health, animal welfare and to the environment, that animals and goods entering the Union could pose, taking into account the history of compliance with the requirements provided for in Union agri-food chain rules, the controls already performed on those animals and goods in the third country concerned, and the guarantees given by that third country that animals and goods exported to the Union meet the requirements laid down in Union legislation.

(45)  Given the risks to human, animal or plant health, animal welfare or to the environment that certain animals or goods may pose, those aniamls or goods should be subject to specific official controls to be performed upon them at their entry into the Union. Current Union rules require the performance of official controls at Union borders to verify that human health, animal health and animal welfare standards applicable to animals, products of animal origin, germinal products and animal by-products are met and that plants and plant products comply with phytosanitary requirements. Increased controls at entry into the Union are also performed on certain other goods where emerging or known risks so warrant. The specificities of such controls, currently governed by the provisions of Council Directive 97/78/EC(15), Council Directive 91/496/EEC(16), Council Directive 2000/29/EC(17) and Commission Regulation (EC) No 669/2009(18), should be provided for in this Regulation.

(46)  In order to reinforce the efficiency of the Union's official control system, ensure an optimal allocation of official control resources assigned to border controls and facilitate the enforcement of Union food chain legislation, a common integrated system of official controls at border control posts, replacing the current fragmented control frameworks, should be established to handle all consignments which, given the risk they may carry, should be controlled at their entry into the Union.

(47)  Official controls performed at border control posts should include documentary and identity checks on all consignments and physical checks performed at a frequency dependent on the risk posed by each consignment of animals or goods.

(48)  The frequency of physical checks should be determined and modified on the basis of risks to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment. This approach should enable the competent authorities to allocate control resources where the risk is highest. The frequency of identity checks should also be subject to reduction or limited to the verification of a consignment's official seal where this is justified by a reduced risk of the consignments entering the Union. The risk-based approach to identity and physical checks should be pursued by making full use of available data sets and information, and of computerised data collection and management systems.

(49)  In certain cases, and as long as high levels of human, animal and plant health, animal welfare and protection of the environment in relation to GMOs and plant protection products are guaranteed, official controls normally performed by competent authorities at border control posts could be performed at other control points or by other authorities.

(50)  For the purpose of organising an efficient system of official controls, consignments arriving from third countries which require controls at their entry into the Union should be accompanied by a common health entry document (CHED), to be used for the prior notification of the arrival of consignments at the border control post, and to record the result of official controls performed and of decisions taken by the competent authorities in relation to the consignment which they accompany. The same document should be used by the operator to obtain clearance by customs authorities once all official controls have been performed.

(51)  Official controls on animals and goods entering the Union from third countries should be performed at border control posts designated by Member States in accordance with a set of minimum requirements. The designation of such entities should be withdrawn or suspended when they no longer comply with those requirements or when their activities may pose a risk to human, animal or plant health, animal welfare or, in the case of GMOs and plant protection products, to the environment.

(52)  To guarantee the uniform application of official control rules on consignments arriving from third countries, common rules should be established to govern the actions that the competent authorities and operators should take in case of suspicion of non-compliance, and in relation to non-compliant consignments and of consignments which could pose a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment.

(53)  In order to avoid inconsistencies and duplications of the official controls effort, to allow consignments which are subject to official controls at border control posts to be timely identified, and to guarantee that controls are performed in an efficient manner, the cooperation and exchange of information amongst competent authorities, customs authorities and other relevant authorities dealing with consignments arriving from third countries should be ensured.

(54)  Member States should be required to ensure that adequate financial resources are always available in order to appropriately staff and equip the competent authorities performing official controls and other official activities. Although operators are primarily responsible for ensuring that their activities are carried out in compliance with Union agri-food chain rules, the system of own controls that they put in place for that purpose needs to be complemented by a dedicated system of official controls maintained by each Member State to ensure effective market surveillance along the agri-food chain. Such a system is, by its very nature, complex and resource-demanding and should be provided with a stable influx of resources for official controls, at a level appropriate to the enforcement needs at any given moment. To reduce the dependency of the official control system from public finances, competent authorities should be able to collect fees or contributions to costs to cover the costs they incur when performing official controls on certain operators and for certain activities for which Union agri-food chain legislation requires registration or approval in accordance with Union rules on the hygiene of food and feed or rules governing plant health and plant reproductive material. Fees or contributions to costs should also be collected from operators to compensate the costs of official controls performed in view of issuing an official certificate or attestation, and costs of official controls performed by the competent authorities at border control posts. [Am. 14]

(55)  Fees should cover, but not exceed, the costs incurred by the competent authorities to perform official controls. Such costs should be calculated on the basis of each individual official control or on the basis of all official controls performed over a given period of time. Where fees are applied on the basis of the actual cost of individual official controls, operators with a good record of compliance should bear lower overall charges than non-compliant ones, as they should be subject to less frequent official controls. In order to promote compliance with Union legislation by all operators irrespective of the method, based on actual costs or on a flat rate, that each Member States will chose for the calculation of the fees, when these are calculated on the basis of overall costs incurred by the competent authorities over a given period of time, and charged on all operators irrespective of whether they are subject to an official control during the reference period, those fees should be calculated so as to reward operators with a consistent good record of compliance with Union food chain legislation.

(56)  The direct or indirect refund of fees collected by the competent authorities should be prohibited as it would put operators not benefitting from the refund at a disadvantage and potentially create distortions of competition. However, in order to provide support to micro-enterprises, these should be exempted from the payment of the fees collected in accordance with this Regulation.

(57)  The financing of official controls through fees collected from operators should occur in full transparency, so as to enable citizens and businesses to understand the method and data used to establish fees and be informed on the use of fees revenue.

(58)  Union agri-food chain rules establish the cases where the placing on the market or the movement of certain animals or goods should be accompanied by an official certificate signed by the certifying officer. It is appropriate to establish a common set of rules laying down the obligations of the competent authorities and the certifying officers with regard to the issuance of official certificates as well as the characteristics that official certificates should have to ensure their reliability.

(59)  In other cases, the rules falling within the scope of this Regulation provide that the placing on the market or the movement of certain animals or goods should be accompanied by an official label, official mark or other official attestation issued by the operators under the official supervision of the competent authorities or by the competent authorities themselves. It is appropriate to lay down a minimum set of rules ensuring that also the issuance of official attestations is performed according to appropriate guarantees of reliability.

(60)  Official controls and other official activities should be based on analytical, testing and diagnostic methods that meet state-of-the-art scientific standards and offer sound, reliable and comparable results across the Union. The methods used by official laboratories as well as the quality and uniformity of analytical, testing and diagnostic data generated by them should therefore be improved continuously. For that purpose, the Commission should be able to designate, and rely on the expert assistance of European Union reference laboratories in all those areas of the food chain where there is the need for precise and reliable analytical, testing and diagnostic results. The European Union reference laboratories should in particular ensure that national reference laboratories and official laboratories are provided with up-to-date information on available methods, organise or participate actively in inter-laboratory comparative tests and offer training courses for national reference laboratories or official laboratories.

(60a)  Regulations (EC) No 1829/2003(19) and (EC) No 1831/2003(20) of the European Parliament and of the Council confer respectively on the European Union reference laboratory for genetically modified food and feed and on the European Union reference laboratory for feed additives, specific tasks as part of the authorisation procedure for genetically modified food or feed, or feed additives, relating, in particular, to the testing, evaluation and validation of the method of detection or analysis proposed by applicants. Experience shows that knowledge and expertise in the testing, evaluation and validation of methods in the context of the authorisation procedure is crucial in order to provide a high-level, state-of-the-art contribution to the efficiency of official controls. Laboratories designated as such under Regulations (EC) No 1829/2003 and (EC) No 1831/2003 should therefore act as European Union reference laboratories for the purposes of this Regulation. [Am. 16]

(61)  For the performance of official controls and other official activities on the production and marketing of plant reproductive material, and in the field of animal welfare, the competent authorities should have access to updated, reliable and consistent technical data, to research findings, new techniques and expertise necessary for the correct application of Union legislation applicable in those areas. For that purpose the Commission should be able to designate, and rely on the expert assistance of, European Union reference centres for plant reproductive material and for animal welfare. [Am. 17]

(62)  In order to pursue the objectives of this Regulation and contribute to the smooth functioning of the internal market, ensuring consumer confidence in it, non-compliances with Union food chain legislation requiring enforcement action in more than one Member State should be pursued efficiently and consistently. The Rapid Alert System for Food and Feed (RASFF) established by Regulation (EC) No 178/2002 already enables competent authorities to rapidly exchange and disseminate information on serious direct or indirect risks to human health in relation to food or feed, or serious risks to human or animal health or to the environment in relation to feed, or in the case of food fraud, for the purpose of enabling rapid measures to be taken to counter those risks. However, that instrument, while allowing for timely action across all Member States concerned to counter certain serious risks along the food chain, cannot serve the purpose of enabling effective cross border assistance and cooperation between competent authorities to ensure that cases of non-compliance with Union agri-food chain legislation which have a cross-border dimension are effectively pursued not only in the Member State where the non-compliance is first detected but also in the Member State where the non-compliance originated. In particular, administrative assistance and cooperation should enable competent authorities to share information, detect, investigate and take effective and proportionate action to pursue cross-border violations of agri-food chain rules. [Am. 18]

(63)  Requests for administrative assistance and all notifications should be given appropriate follow-up. In order to facilitate administrative assistance and cooperation, Member States should be required to designate one or more liaison bodies to assist and coordinate communication flows between competent authorities in different Member States. In order to streamline and simplify cooperation amongst Member States the Commission should adopt implementing acts establishing the specifications of the technical tools to be used, the procedures for communication between liaison bodies and a standard format for requests for assistance, notifications and responses.

(64)  Each Member State should be required to set up and regularly update a multi-annual national control plan (MANCP) covering all the areas governed by Union agri-food chain legislation and containing information on the structure and organisation of its system of official controls. Such MANCPs are the instrument through which each Member State should ensure that official controls are performed in a risk-based and efficient manner across their territory and across the entire agri-food chain, and in compliance with this Regulation.

(65)  In order to guarantee the coherence and completeness of MANCPs Member States should designate a single authority responsible for their coordinated preparation and implementation. In order to promote a consistent, uniform and integrated approach to official controls, the Commission should have the power to adopt rules concerning MANCPs which should identify priorities for official controls, effective control procedures, criteria for risk categorisation and performance indicators for assessing MANCPs.

(66)  Member States should be required to submit an annual report to the Commission with information on control activities and the implementation of the MANCPs. In order to facilitate the collection and transmission of comparable data, the subsequent compilation of such data into Union-wide statistics and the preparation of reports by the Commission on the operation of official controls across the Union, the Commission should be able to adopt implementing acts in respect of establishing standard model forms for annual reports.

(67)  Commission experts should be able to perform controls in Member States to verify the application of Union legislation and the functioning of national control systems and competent authorities. Commission controls should also serve to investigate and collect information on enforcement practices or problems, emergencies and new developments in Member States.

(68)  Animals and goods from third countries should comply with the same requirements which apply to Union animals and goods, or with requirements which are recognised to be at least equivalent in relation to the objectives pursued by Union agri-food chain rules. This principle is enshrined in Regulation (EC) No 178/2002, which requires that food and feed imported into the Union comply with the relevant requirements of the Union's food law or with requirements considered to be at least equivalent thereto. Specific requirements to apply that principle are provided for in Union rules on protective measures against pests of plants, which prohibit the introduction into the Union of certain pests which are not present,or only present to a limited extent, in the Union, in Union rules laying down animal health requirements, which allow the entry of animals and of certain products of animal origin into the Union only from third countries which are included in a list set up for that purpose, and in Union rules for the organisation of official controls on products of animal origin intended for human consumption, which also provide for the establishment of a list of third countries from which those products can enter the Union. Concerning plant reproductive material, an equivalence system is in place whereby third countries from which plant reproductive material can be imported are authorised and listed.

(69)  In order to ensure that animals and goods entering the Union from third countries comply with all the requirements laid down in Union agri-food chain legislation or with requirements considered equivalent, in addition to the requirements established by Union rules on protective measures against pests of plants, Union rules laying down animal health requirements, and Union rules laying down specific hygiene rules for food of animal origin to ensure that the requirements laid down in Union agri-food legislation in relation to phytosanitary and veterinary concerns are met, the Commission should be allowed to establish conditions for the entry of animals and goods into the Union to the extent necessary to ensure that those animals and goods comply with all relevant requirements of Union agri-food chain legislation or equivalent requirements. Such conditions should apply to animals or goods or categories of animals or goods from all third countries or from certain third countries or regions thereof.

(70)  Where, in specific cases, there is evidence that certain animals or goods originating from a third country, a group of third countries, or regions thereof, give rise to risks to human, animal or plant health or, as regards GMOs and plant protection products, to the environment or where there is evidence that widespread serious non-compliance with Union agri-food chain legislation might be taking place, the Commission should be able to adopt measures to contain such risks.

(71)  The performance of effective and efficient official controls and other official activities, and ultimately the safety and health of humans, animals and plants, and the protection of the environment, also depends on the availability to the control authorities of well trained staff possessing an appropriate knowledge of all the matters relevant for the correct application of Union legislation. Appropriate, dedicated training should be provided by the Commission to promote a uniform approach to official controls and other official activities by the competent authorities. To promote the knowledge of Union agri-food chain legislation and requirements in third countries, such training should be also addressed to staff of the competent authorities in third countries.

(72)  To promote the sharing of experience and best practices among competent authorities, the Commission should also be able to organise, in cooperation with the Member States, programmes for the exchange of staff tasked with official controls or other official activities.

(73)  It is important for the performance of effective official controls and other official activities that the competent authorities in the Member States, the Commission and, where relevant, operators be able to exchange data and information related to official controls or results therefrom rapidly and efficiently. Several information systems are established by Union legislation and managed by the Commission to allow such data and information to be handled and managed through Union wide computerised and internet-based tools. A system dedicated to recording and tracing official control results is the Trade Control and Expert System (TRACES system), established by Commission Decision 2003/24/EC(21) and currently used for the management of data and information on animals and products of animal origin and official controls thereon. That system should be upgraded and adapted so as to allow its use for all goods for which Union agri-food chain legislation establishes specific requirements or official control modalities. Dedicated computerised systems also exist for the rapid exchange of information between Member States and with the Commission on risks which might arise in the food chain or for animal and plant health. Regulation (EC) No 178/2002 establishes the RASFF, Regulation (EU) …/….(22) a system for the notification and reporting on the measures on listed diseases and on food fraud, and Regulation (EU) …/….(23)+ a system for the notification and reporting of the presence of pests and the notification of non-compliances. All such systems should work in a harmonious, consistent manner that makes use of synergies between the different systems, avoids duplications, simplifies their operation and makes them more efficient. [Am. 19]

(74)  To support a more efficient management of official controls, a computerised information system integrating and upgrading as necessary all relevant existing information systems should be set up by the Commission, allowing for the use of advanced communication and certification tools, and for the most efficient use of the data and information related to official controls. In view of avoiding unnecessary duplications of information requirements, the design of such computerised system should take into account the need to ensure, wherever appropriate, the compatibility of such computerised system with other information systems operated by public authorities and through which relevant data is exchanged or made available. Moreover, the possibility to use the electronic signatures within the meaning of Directive 1999/93/EC of the European Parliament and the Council (24) should be laid down, in line with the Digital Agenda for Europe.

(74a)  In order to minimise administrative burdens and control costs and in order to allow the Union and its Member States to effectively communicate electronically in trade relations with third countries, it is necessary that when exchanging electronic certificates or other electronic data, the Commission and the competent authorities of the Member States use internationally standardised language, message structure and exchange protocols based on guidance for electronic certification in standardised World Wide Web Consortium (WC3) Extensible Markup Language (XML schemas) as well as secure exchange mechanisms between competent authorities as is provided by the UN Centre for Trade Facilitation and Electronic Business (UN/CEFACT). [Am. 20]

(75)  The competent authorities should investigate cases where there is a suspicion of non-compliance with Union agri-food legislation and, where non-compliance is established, determine its origin and extent as well as the operators' responsibilities. They should also take appropriate measures to ensure that the operators concerned remedy the situation and to prevent further non-compliance.

(76)  The verification of compliance with agri-food chain legislation through official controls is of fundamental importance to ensure that, across the Union, the objectives of that legislation are effectively achieved. Failures in a Member State's control systems can in certain cases substantially hinder the achievement of those objectives and lead to the emergence of risks to human, animal and plant health, animal welfare and, as regards GMOs and plant protection products, to the environment, independently of the involvement or responsibility of operators or other actors, or lead to situations of serious widespread non-compliance with food chain rules. The Commission should therefore be able to react to serious failures in a Member State's control system by adopting measures aimed at containing or eliminating those risks from the agri-food chain pending the necessary action to be taken by the concerned Member State to make good the failure in the control system.

(77)  Infringements of the rules should be subject to effective, dissuasive and proportionate sanctions at national level throughout the Union. For financial penalties applicable to intentional infringements to be sufficiently dissuasive, they should be set at a level which is likely to offset of at least double the economic advantage sought by the perpetrator through the violation. Member States should also be required to apply appropriate criminal or administrative penalties, or both, in cases where operators fail to cooperate during an official control. [Am. 21]

(77a)  Account should be taken of the specific needs of the developing countries, in particular the least developed countries, which should be given support in organising their official controls so that they can meet the criteria for the import of animals and goods into the Union. [Am. 22]

(78)  This Regulation covers areas that are already covered in certain acts currently in force. To avoid duplications and to establish a coherent legislative framework, the following acts should be repealed and replaced by the rules of this Regulation: Council Directive 89/608/EEC (25), Council Directive 89/662/EEC(26), Council Directive 90/425/EEC (27), Council Directive 91/496/EEC, Council Decision 92/438/EEC (28), Council Directive 96/23/EC, Council Directive 96/93/EC (29), Council Directive 97/78/EC and Regulation (EC) No 882/2004; and Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(30). [Am. 23]

(79)  In order to ensure consistency, amendments should also be effected to the following acts: Regulation (EC) No 999/2001 of the European Parliament and of the Council (31), Council Regulation (EC) No 1/2005 (32), Regulation (EC) No 396/2005 of the European Parliament and of the Council (33), Council Regulation (EC) No 834/2007 (34); Regulation (EC) No 1069/2009; Council Regulation (EC) No 1099/2009 (35), Regulation (EC) No 1107/2009 of the European Parliament and of the Council (36), Regulation (EU) No 1151/2012 of the European Parliament and of the Council (37), Council Directive 98/58/EC (38), Council Directive 1999/74/EC(39), Regulation (EC) No 1829/2003, Regulation (EC) No 1831/2003, Council Directive 2007/43/EC(40), Council Directive 2008/119/EC (41), Council Directive 2008/120/EC (42) and Directive 2009/128/EC of the European Parliament and of the Council (43). [Am. 24]

(80)  Regulation (EU) No …/…(44) provides a framework for the Union's financing of actions and measures across the agri-food chain in those areas under the multi-annual financial framework 2014-2020. Some of those acts and measures aim to improve the performance of official controls and other official activities across the Union. Regulation (EU) No …/…(45)+ should be amended to take account of the changes introduced by this Regulation to Regulation (EC) No 882/2004.

(81)  In order to amend the references to European standards, and Annexes II and III to this Regulation to take into account of legislative and technical and scientific developments, and to supplement this Regulation with specific rules governing official controls and other official activities in the areas it covers, including, inter alia, rules on the qualification and training of staff, on additional responsibilities and tasks of the competent authorities, on the cases where the accreditation of laboratories is not required, on certain exemptions from official controls at the borders, on the criteria to be used to determine the frequency of identity and physical checks, on the establishment of conditions to be met by certain animals or goods entering the Union from third countries, on additional requirements and tasks of European Union reference laboratories and centres, on additional requirements for national reference laboratories, on criteria for risk categorisation and for performance indicators for the MANCPs, and on the contingency plans for food and feed provided for in Regulation (EC) No 178/2002, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission. 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.

(82)  In order to ensure uniform conditions for the implementation of this Regulation regarding the designation of European Union reference laboratories and of the European Union reference centres for plant reproductive material and for animal welfare, the adoption of the programme of the Commission controls in the Member States, and the performance of increased official controls in the event of violations of agri-food chain rules which require coordinated assistance and follow-up by the Commission, implementing powers should be conferred on the Commission.

(83)  In order to ensure uniform conditions for the implementation of this Regulation, including, inter alia, rules and modalities in respect of audits, the format of certificates and other documents, the establishment of computerised information management systems, the cooperation between operators and competent authorities and amongst competent authorities, customs authorities and other authorities, the methods of sampling and of laboratory analysis, test and diagnosis as well as their validation and interpretation, traceability, the listing of products or goods subject to controls as well the listing of countries or regions that can export certain animals and goods to the Union, prior notification of consignments, exchanges of information, border control posts, isolation and quarantine, approval of pre-export controls performed by third countries, measures to contain a risk or put an end to a widespread serious non-compliance relating to certain animals or goods originating from a third country or a region thereof, the recognition of third countries or regions that offer equivalent guarantees to those applied in the Union and its repeal, training activities and exchange programmes of staff amongst Member States, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(46).

(84)  Since the objective of this Regulation, namely to ensure a harmonised approach with regard to official controls and other official activities performed in view of ensuring the application of Union agri-food chain rules, cannot be sufficiently achieved by the Member States but can therefore, by reason of its effect, complexity, trans-border and international character, 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 exceed what is necessary in order to achieve that objective,

HAVE ADOPTED THIS REGULATION:

Title I

Subject matter, scope and definitions

Article 1

Subject matter and scope

1.  This Regulation lays down rules for:

(a)  the performance of official controls and other official activities performed by the competent authorities of the Member States;

(b)  the financing of official controls;

(c)  the administrative assistance and cooperation between Member States in view of the correct application of the rules referred to in paragraph 2;

(d)  the performance of Commission controls in Member States and in third countries;

(e)  the adoption of conditions to be met by animals and goods entering the Union from a third country;

(f)  the establishment of a computerised information system to manage information and data in relation to official controls.

2.  This Regulation shall apply to the official controls performed for the verification of compliance with the following rules, whether established at Union level or by the Member States to apply Union legislation in those areas:

(a)  governing food and, food safety, food quality and food wholesomeness, at any stage of production, the processing and distribution of food, including rules aimed at guaranteeing fair practices in trade and protecting consumer interests and information, and the manufacture and use of materials and articles intended to come into contact with food;

(b)  governing the deliberate release into the environment and the contained use of GMOs;

(c)  governing feed and feed safety, at all stages of production, processing and distribution of feed and the use of feed, including rules aimed at guaranteeing fair practices in trade and protecting consumer health, interests and information;

(d)  laying down animal health requirements;

(e)  aiming at preventing and minimising risks to human and animal health arising from animal by-products and derived products;

(ea)  aiming at preventing and minimising antimicrobial resistance in animals and humans, as well as in the environment;

(f)  laying down welfare requirements for animals;

(g)  on protective measures against pests of plants;

(h)  on the production, with a view to placing on the market, and placing on the market of plant reproductive material;

(i)  laying down requirements for the placing on the market and use of plant protection products and the sustainable use of pesticides;

(j)  governing organic production and labelling of organic products;

(k)  on the use and labelling of protected designations of origin, protected geographical indications and traditional specialities guaranteed;

(ka)  laying down requirements on monitoring certain substances and residues thereof in live animals and animal products. [Ams. 25, 26 and 27]

3.  This Regulation shall also apply to official controls performed for the verification of compliance with requirements laid down in the rules referred to in paragraph 2 applicable to animals and goods:

(a)  entering the Union from third countries;

(b)  to be exported to third countries.

4.  This Regulation shall not apply to official controls for the verification of compliance with:

(a)  Regulation (EC) No 1234/2007 in areas other than those under Part II, Title II, Chapter I of that Regulation. However, this Regulation shall apply to official controls on protected designations of origin and protected geographical indications for wine; [Am. 28]

(b)  Directive 2010/63/EU of the European Parliament and of the Council (47);

(ba)  Directive 2001/82/EC of the European Parliament and of the Council(48). [Am. 29]

5.  Articles 3 to 5, Article 7, Article 11(2) and (3), Article 14, Articles 30 to 33, Articles 36 to 41, Article 76, Titles III and IV, and Articles 129 and 136 of this Regulation shall also apply to other official activities performed by the competent authorities in accordance with this Regulation or with the rules referred to in paragraph 2 of this Article.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

(1)  'official control' means any form of control, also including controls of requirements for animals and goods from third countries intended for export to third countries, that the competent authorities perform for the verification of compliance with: [Am. 30]

(a)  this Regulation;

(b)  the rules referred to in Article 1(2);

(2)  'other official activities' means any activity, other than an official control, which is performed by competent authorities in accordance with:

(a)  this Regulation;

(b)  the rules referred to in article 1(2), except letter (g), to ensure the application of those rules; [Am. 31]

(3)  'food law' means food law as defined in point (1) of Article 3 of Regulation (EC) No 178/2002;

(4)  'feed law' means the laws, regulations and administrative provisions governing feed in general and feed safety in particular, whether at Union or national level; it covers all stages of production, processing and distribution of feed and the use of feed;

(5)  'competent authorities' means:

(a)  the central authorities of a Member State responsible for the organisation of organising and carrying out official controls and of other official activities, in accordance with such as issuing certificates and attestations, appointing laboratories, exchanging information in the interest of cooperation between authorities, and taking decisions on measures to remedy breaches of this Regulation and the rules referred to in Article 1(2); [Am. 32]

(b)  any other authority to which that responsibility has been conferred;

(c)  where appropriate, the corresponding authorities of a third country;

(6)  'animals' means animals as defined in point (1) of Article 4(1) of Regulation (EU) No …/…(49) with the exception of ‘pets’; [Am. 33]

(7)  'goods' means any good subject to one or more of the rules referred to in Article 1(2), excluding animals;

(8)  'food' means food as defined in Article 2 of Regulation (EC) No 178/2002;

(9)  'feed' means feed as defined in point (4) of Article 3 of Regulation (EC) No 178/2002;

(10)  'animal by-products' means animal by-products as defined in point (1) of Article 3 of Regulation (EC) No 1069/2009;

(11)  'derived products' means derived products as defined in point (2) of Article 3 of Regulation (EC) No 1069/2009;

(12)  'pests' means pests as defined in Article 1(1) of Regulation (EU) No …/….(50);

(13)  'plants' means plants as defined in point (1) of Article 2 of Regulation (EU) No …/….(51);

14.  'plant reproductive material' means plant reproductive material as defined in point (2) of Article 3 of Regulation (EU) No XXX/XXXX [number, date, title and, in a footnote, the OJ reference for the Regulation on the production and making available on the market of plant reproductive material]; [Am. 34]

(15)  'plant protection products' means plant protection products as referred to in Article 2(1) of Regulation (EC) No 1107/2009; for the purposes of this Regulation, ‘plant protection products’ also refers to the active substances referred to in Article 2(2) of Regulation (EC) No 1107/2009 and other substances or preparations referred to in Article 2(3) of that Regulation; [Am. 35]

16.  'alien species' means a species, subspecies or lower taxon, introduced outside its natural past or present distribution and includes any part, gametes, seeds, eggs, or propagules of such species, as well as any hybrids, varieties or breeds, that might survive and subsequently reproduce; [Am. 36]

(17)  'products of animal origin' means products of animal origin as defined in point 8.1 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council (52);

(18)  'germinal products' means germinal products as defined in point (25) of Article 4(1) of Regulation (EU) No …/….(53);

(19)  'plant products' means plant products as defined in point (2) of Article 2 of Regulation (EU) No …/….(54);

(20)  'other objects' means other objects as defined in point (4) of Article 2 of Regulation (EU) No …/….(55);

(21)  'risk assessment' means risk assessment as defined in point (11) of Article 3 of Regulation (EC) No 178/2002;

(22)  'certifying officer' means:

(a)  any official of the competent authorities authorised to sign official certificates by such authorities;

(b)  where provided for by the rules referred to in Article 1(2), any other person, who is authorised to sign official certificates by the competent authorities;

(23)  'official certificate' means any paper or electronic document signed by the certifying officer and providing assurance concerning compliance with one or more requirements laid down in the rules referred to in Article 1(2);

(24)  'non-compliance' means non-compliance with:

(a)  this Regulation;

(b)  rules referred to in Article 1(2);

(25)  'official attestation' means any label, mark or other form of attestation issued by the operators under the supervision, through dedicated official controls, of the competent authorities, or by the competent authorities themselves, and providing assurance concerning compliance with one or more requirements laid down in the rules referred to in Article 1(2); [Am. 37]

(26)  'operator' means any natural and legal person subject to one or more obligations provided for in the rules referred to in Article 1(2), except the competent authorities and the other bodies in charge of official controls and other official activities;

(27)  'consignment' means a number of animals or quantity of goods of the same type, class, or description, covered by the same official certificate, official attestation or any other document, conveyed by the same means of transport and having the same origin; it may consist of one or more lots;

(28)  'inspection' means a form of official control involving the examination of:

(a)  animals or goods;

(b)  activities under the control of operators falling within the scope of the rules referred to in Article 1(2) and equipment, means of transport, substances and, materials, plant protection products and precautionary measures used to perform those activities; [Am. 38]

(c)  places where operators perform their activities;

(ca)  the documentation referred to in points (a), (b) and (c); [Am. 39]

(29)  'border control post' means a place an inspection centre, and the facilities belonging to it, designated by a Member State to perform the official controls provided for in Article 45(1); [Am. 40]

(30)  'audit' means a systematic and independent examination to determine whether activities and the related results of such activities comply with planned arrangements and whether these arrangements are applied effectively and are suitable to achieve objectives;

(31)  'rating' means a classification of operators based on an assessment of their conformity with rating criteria;

(32)  'official veterinarian' means a veterinarian appointed by the competent authorities and appropriately qualified to perform the official controls and other official activities in accordance with: [Am. 42]

(a)  this Regulation;

(b)  the rules referred to in Article 1(2);

(33)  'hazard' means any agent or condition with the potential to have an adverse effect on human, animal or plant health, animal welfare or the environment;

(34)  'specified risk material' means tissues as defined in point (g) of Article 3(1) of Regulation (EC) No 999/2001;

(35)  'long journey' means a journey as defined in point (m) of Article 2 of Regulation (EC) No 1/2005;

(36)  'exit point' means a border control post or any other place designated by a Member State where animals, falling within the scope of Regulation (EC) No 1/2005, leave the customs territory of the Union;

(37)  'pesticide application equipment' means any apparatus as defined in point (4) of Article 3 of Directive 2009/128/EC;

(38)  'delegated body' means an independent third party, to which the competent authorities have delegated specific official control tasks relating to official controls and other official activities; [Am. 43]

(39)  'control authority for organic products production' means a public administrative organisation of a Member State to which the competent authorities have conferred, in whole or in part, their competences for inspections and certification in the organic production sector, in relation to Regulation (EC) No 834/2007, including, where appropriate, the corresponding authority of a third country or operating in a third country; [Am. 44]

(40)  'control verification procedures' means the arrangements put in place and actions performed by the competent authorities for the purpose of ensuring that official controls and other official activities are consistent and effective;

(41)  'screening' means a form of official control performed by conducting a planned sequence of observations or measurements with a view to obtaining an overview of the state of compliance with this Regulation and the rules referred to in Article 1(2);

(42)  'targeted screening' means a form of official control involving observation of one or more operators or their activities;

(43)  'control system' means a system comprising the competent authorities and the resources, structures, arrangements and procedures set up in a Member State to ensure that official controls are performed in accordance with this Regulation and with the rules provided for in Articles 15 to 24;

(44)  'equivalence' or 'equivalent' means: systems that are broadly the same and meet the same objectives; [Am. 45]

(a)  the capability of different systems or measures to meet the same objectives; [Am. 46]

(b)  different systems or measures capable of meeting the same objectives; [Am. 47]

(45)  'entry into the Union' means the action of bringing animals and goods into one of the territories listed in Annex I;

(46)  'documentary check' means the examination of the official certificates, official attestations and other document or documents including documents of a commercial nature, which are required to accompany the consignment as provided for by the rules referred to in Article 1(2), Article 54(1), or by implementing acts adopted in accordance with Articles 75(3), 125(4), 127(1) and 128(1);

(47)  'identity check' means a visual inspection to verify that the content and the labelling of a consignment, including the marks on animals, seals and means of transport, correspond with the information provided in the official certificates, official attestations and other documents accompanying it;

(48)  'physical check' means a check on animals or goods and, as appropriate, checks on packaging, the means of transport, labelling and temperature, the sampling for analysis, testing or diagnosis and any other check necessary to verify compliance with the rules referred to in Article 1(2);

(49)  'transhipment' means the movement of goods or animals subject to the official controls provided for in Article 45(1) which arrive by sea or by air transport from a third country from a vessel or aircraft and are transported under customs supervision to another vessel or aircraft in the same port or airport in preparation for onward travel; [Am. 48]

(50)  'transit' means movement from one third country to another third country passing under customs supervision through one of the territories listed in Annex I or from one of the territories listed in Annex I to another territory listed in Annex I passing through the territory of a third country;

(51)   'supervision by the customs authorities' means action as defined in Article 4(13) of Council Regulation (EEC) No 2913/92(56);

(52)  'control by the customs authorities' means customs controls as defined in Article 4(14) of Regulation (EEC) No 2913/92;

(53)  'official detention' means the procedure by which the competent authorities ensure that animals and goods subject to official controls are not moved or tampered with pending a decision on their destination; it includes storage by operators in accordance with the instructions and under the control of the competent authorities; [Am. 49]

(54)  'additional official controls' means those controls which were not originally planned and which were decided on the basis of the findings of previous official controls, or other official activities;

(55)  'official certification' means the procedure by which assurance concerning compliance with one or more requirements laid down in the rules referred to in Article 1(2) is provided by the competent authorities;

(56)  'control plan' means a description established by the competent authorities containing information on the structure and organisation of the official control system, and of its operation and the detailed planning of official controls to be performed in each of the areas referred to in Article 1(2) over a period of time;

(57)  'journey log' means the document set out in points 1 to 5 of Annex II to Regulation (EC) No 1/2005;

(57a)  'Official auxiliary' means a person qualified, in accordance with Annex IIIa to this Regulation, to act in such a capacity, appointed by the competent authority and working under the authority and responsibility of an official veterinarian. [Am. 50]

Title II

Official controls and other official activities in Member States

Chapter I

Competent authorities

Article 3

Designation of competent authorities

1.  For each of the areas governed by the rules referred to in Article 1(2), Member States shall designate the have one or more competent authority or authorities on which they confer the responsibility to perform responsible for planning, organising and where necessary performing official controls and other official activities. [Am. 51]

2.  Where, for the same area, a Member State confers the responsibility to perform official controls or other official activities on has more than one competent authority, at national, regional or local level, or where the competent authorities designated in accordance with paragraph 1 are allowed by that designation to transfer specific responsibilities for official controls or other official activities to other public authorities, the Member State care shall be taken to ensure that: [Am. 52]

(a)  put in place procedures are put in place to ensure efficient and effective coordination between all authorities involved, and the consistency and effectiveness of official controls or other official activities across the whole of its territory; [Am. 53]

(b)  designation of a single authority responsible to coordinate the cooperation and the contacts with the Commission and other Member States in relation to the official controls and other official activities performed in that area each of the sectors defined by the Member State, in such a way as to cover all the areas referred to in Article 1(2). [Am. 54]

3.  Competent authorities responsible for the verification of compliance with the rules referred to in point (j) of Article 1(2) may confer specific official control tasks to one or more control authorities for organic products production. In such cases, they shall attribute a code number to each of them. [Am. 55]

4.  Member States shall inform the Commission and other Member States of, and of any changes to, the contact details of:

(a)  the competent authorities designated in accordance with paragraph 1;

(b)  the single authorities designated in accordance with point (b) of paragraph 2;

(c)  the control authorities for organic products referred to in paragraph 3;

(d)  the delegated bodies referred to in Article 25(1).

The information referred to in the first subparagraph shall also be made available to the public.

5.  Member States may confer to the competent authorities referred to in paragraph 1 the responsibility to carry out controls for the verification of compliance with, or for the application of, rules, including those regulating specific risks which may arise from the presence of alien species in the Union, other than those referred to in Article 1(2). [Am. 56]

6.  The Commission may, by means of implementing acts, determine the means by which the information referred to in paragraph 4 is to be made available to the public. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2). The means by which the information referred to in paragraph 4 is to be made available to the public shall in any case include publication on the internet. [Am. 57]

Article 4

General obligations of the competent authorities

1.  The competent authorities shall have:

(a)  procedures and arrangements in place to ensure the effectiveness and appropriateness of official controls and other official activities;

(b)  arrangements in place to ensure the impartiality, independence, quality, consistency and unity of purposes of official controls and other official activities at all levels; they should be in no way connected to or dependent of the operators that they control;

(c)  arrangements in place to ensure that staff performing official controls and other official activities are independent, impartial, and free from any conflict of interest, and have no improper connection from which they stand to make economic gain or which might jeopardise their impartiality;

(d)  or have access to, an adequate laboratory capacity for analysis, testing and diagnosis;

(e)  or have access to, a sufficient number of independent, suitably qualified and experienced staff with regard to the control requirements under Article 1(1) and (2), so that official controls and other official activities can be performed fully, efficiently and effectively;

(f)  appropriate and properly maintained facilities and equipment to ensure that staff can perform official controls and other official activities efficiently and effectively;

(g)  the legal powers to perform official controls and other official activities and to take the action provided for in this Regulation and in the rules referred to in Article 1(2);

(h)  legal procedures in place in order to ensure that staff have access to the premises of and documents kept by operators so as to be able to accomplish their tasks properly;

(i)  contingency plans in place, and be prepared to operate such plans in the event of an emergency, where appropriate in accordance with the rules referred to in Article 1(2).

2.  Staff performing official controls and other official activities shall:

(-a)  be officials employed by the competent authorities or by an independent public body delegated by the competent authority to perform official controls or other official activities;

(a)  receive, for their area of competence, appropriate training enabling them to undertake their duties competently and to perform official controls and other official activities in a consistent manner;

(b)  keep up-to-date in their area of competence and receive regular additional training as necessary;

(c)  receive training in the subject matters set out in Chapter I of Annex II and on the obligations of the competent authorities resulting from this Regulation.

Competent authorities shall develop and implement training programmes for the purpose of ensuring that staff performing official controls and official activities receive the training referred to in points (a), (b) and (c) of the first subparagraph.

3.  For the purpose of ensuring that the staff of the competent authorities referred to in point (e) of paragraph 1 and in paragraph 2 have the necessary qualifications, skills and knowledge, the Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules for the specific qualification and training requirements of such staff, having regard to the scientific and technical knowledge necessary to perform official controls and other official activities in each of the areas referred to in Article 1(2).

4.  When, within the services of activities carried out by a competent authority, more than one unit is competent to perform official controls or other official activities, efficient and effective coordination and cooperation shall be ensured between the different units. [Ams 58 and 341]

Article 5

Audits of the competent authorities

1.  Competent authorities shall carry out internal audits or have audits carried out, and shall take appropriate measures in the light of their results, to ensure that they are complying with this Regulation.

Those audits shall be:

(a)  subject to independent scrutiny;

(b)  carried out in a transparent manner.

2.  Competent authorities shall make available the results of the audits referred to in paragraph 1 to the Commission upon justified request. [Am. 59]

3.  The Commission may, by means of implementing acts, lay down rules for the conduct of the audits provided for in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 6

Decisions of the competent authorities concerning natural and legal persons

The decisions taken by the competent authorities in accordance with Article 53, Article 64(3) and (5), Articles 65, Article 134(2) and Article 135(1) and (2) concerning natural or legal persons shall be subject to the right of appeal of such persons against those decisions in accordance with national law.

Article 7

Confidentiality obligations of the staff of the competent authorities

1.  Competent authorities shall require members of their staff not to disclose, except within the competent authority, information acquired when undertaking their duties in the context of official controls and other official activities which by its nature is covered by professional secrecy, subject to paragraph 2.

2.  Unless there is an overriding public interest in its disclosure, or disclosure is required by other Union legislation, information covered by professional secrecy as referred to in paragraph 1 shall include information whose disclosure would undermine:

(a)  the purpose of inspections, investigations or audits;

(b)  the protection of commercial interests of a natural or legal person;

(c)  the protection of ongoing court proceedings and legal advice;

(ca)  the decision-making process of competent authorities.

2a.  The competent authorities, when determining whether there is an overriding public interest to disclose, shall take into account inter alia the following elements:

(a)  possible risks to human, animal or plant health, or to the environment;

(b)  the nature, severity and extent of such risks, so as to ensure that disclosure is proportionate in the circumstances.

3.  Without prejudice to paragraphs 1 and 2 shall not prevent, the competent authorities from publishing shall publish or making make otherwise available to the public information about the outcome of official controls regarding individual operators, provided that the following conditions are met:

(a)  the operator concerned is given the opportunity to comment on the information that the competent authority intends to publish or make otherwise available to the public, prior to the publication or release;

(b)  the information which is published or made otherwise available to the public takes into account the comments expressed by the operator concerned or is published or released simultaneously and together with such comments.

3a.  Competent authorities shall ensure that any information published or made available to the public pursuant to this Article is accurate and that, if any such information subsequently proves to be inaccurate, it is appropriately rectified. [Am. 60]

Chapter II

Official Controls

Article 8

General rules on official controls

1.  Competent authorities shall perform official controls on all operators undertakings regularly, on a risk basis and with appropriate frequency, taking account of: [Am. 61]

(a)  identified risks associated with:

(i)  animals and goods;

(ii)  the activities and precautionary measures under the control of operators; [Am. 62]

(iii)  the location of the activities or operations of operators;

(iv)  the use of products, processes, materials, feed additives or substances that may influence food or safety and wholesomeness, feed safety, animal health or animal welfare, plant health or plant reproductive material identity and quality, or, in the case of GMOs and plant protection products, may adversely impact on the environment; [Am. 63]

(iva)  the potential for consumers to be misled as to the nature, quality or substance of a product or the potential for consumers to incur financial loss as a result of receiving misleading information from the operator; [Am. 64]

(ivb)  the process requirements according to point (j) of Article 1(2); [Am. 65]

(b)  operators undertakings' past record as regards the results of official controls performed on them and their compliance with the rules referred to in Article 1(2); [Am. 66]

(c)  the reliability and results of own controls that have been performed by the operators, or by a third party at their request, for the purpose of ascertaining compliance with the rules referred to in Article 1(2). Transfer of information on these own controls shall be utilised as much as possible, in a manner that minimizes the burden on operators; [Am. 67]

(ca)  consumer expectations regarding nature, quality and composition of foods and goods; [Am. 68]

(d)  any information that might indicate non-compliance with the rules referred to in Article 1(2);

(da)  private quality assurance schemes put in place by operators, which are certified and audited by independent and recognised certification bodies. [Am. 69]

2.  Competent authorities shall perform official controls on a regular basis and with appropriate frequency to identify possible intentional violations of the rules referred to in Article 1(2), to verify compliance with the requirements and process criteria according to point (j) of Article 1(2), taking into account, in addition to the criteria referred to in paragraph 1, information regarding such possible intentional violations shared through the mechanisms of administrative assistance provided for in Title IV and any other information pointing to the possibility of such violations. [Am. 70]

2a.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 in order to establish a uniform minimum frequency for carrying out the controls referred to in paragraphs 1 and 2. Where necessary, such minimum frequency, based on risk, shall be established differently for each product, process or activity that is subject to official controls pursuant to this Regulation. [Am. 71]

3.  Official controls performed prior to the placing on the market or the movement of certain animals and goods in view of the issuance of the official certificates or official attestations required by the rules referred to in Article 1(2) as a condition for the placing on the market or the movement of the animals or goods shall be performed in accordance with:

(a)  the rules referred to in Article 1(2);

(b)  the delegated acts adopted by the Commission in accordance with Articles 15 to 24.

4.  Official controls shall be performed without prior warning, except where:

(a)  prior notification of the operator is necessary; [Am. 72]

(b)  the operator has requested such official controls. Such announced controls shall not replace standard controls without prior warning; [Am. 73]

(ba)  audits for verification of requirements in accordance with point (j) of Article 1(2) are performed. [Am. 74]

5.  Official controls shall be performed as much as possible in a manner that minimises the administrative burden on the and operational disruption for operators is kept to the necessary minimum, but without this affecting the quality of the control negatively; to that end, where the same operator is subject to various official controls over the same period, the competent authority shall aggregate them. Where various official controls are applied to operators, Member States shall ensure a coordinated approach with the aim of combining existing control measures.[Am. 75]

6.  Competent authorities shall perform official controls with the same care irrespective of whether the animals and goods concerned are:

(a)  available on the Union market, whether originating in the Member State where the official controls are performed or in another Member State;

(b)  to be exported from the Union;

(c)  entering the Union from third countries.

7.  To the extent strictly necessary for the organisation of the official controls, Member States of destination may shall require operators who have animals or goods delivered to them from another Member State to report the arrival of such animals or goods. [Am. 76]

Article 9

Persons, processes and, activities, methods and techniques subject to official controls [Am. 77]

To the extent necessary to ascertain compliance with the rules referred to in Article 1(2), competent authorities shall perform official controls:

(a)  on animals and goods at all stages of production, processing, marketing, and distribution; [Am. 78]

(b)  on substances, materials or other objects which may influence the characteristics or health of animals and goods, at all stages of production, processing and distribution;[Am. 79]

(c)  on operators and the activities and operations under their control, on their premises, land, crops and processes, on the storage, transport, and the use of goods and on the keeping of animals; [Am. 80]

(ca)  on all documentation, including documentation kept in electronic form, linked to the activity being performed, or to operations including transport. [Am. 81]

Article 10

Transparency of official controls

1.  Competent authorities shall perform official controls with a high level of transparency and make available to the public relevant information concerning the organisation and the performance of official controls.

They shall also ensure the regular publication of information, at least once a year, on the following:

(a)  type, number and final outcome of official controls;

(b)  type and the number of non-compliances detected;

(c)  type and number of cases where measures were taken by the competent authorities in accordance with Article 135;

(d)  type and number of cases where the penalties referred to in Article 136 were imposed. [Am. 82]

2.  To ensure the uniform implementation of the rules provided for in paragraph 1 of this Article, the Commission shall, by means of implementing acts, lay down and update as necessary the format in which the information referred to in that paragraph shall be published. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2) provide Member States with appropriate guidance documents, including a proposal for a standardised reporting format, which shall in any case include publication of those guidance documents on the internet. [Am. 83]

3.  Competent authorities shall be entitled to publish or make otherwise available to the public information about the rating of individual operators based on the outcome of the last four official controls, provided that the following conditions are met:

(a)  the rating criteria are objective, transparent and publicly available;

(b)  appropriate arrangements are in place to ensure the consistency and transparency of the rating process;

(ba)  subsequent inspections are carried out without delay if the findings are unfavourable. [Am. 84]

3a.  To enable rating systems to be compared between one Member State and another, the Commission shall, by means of delegated acts and in consultation with the stakeholders, lay down guidelines to establish objective criteria which shall be made available to the Member States and which they may use on a voluntary basis. [Am. 85]

Article 11

Documented control and control verification procedures

1.  Competent authorities shall perform official controls in accordance with documented procedures.

Those procedures shall cover the subject areas for control procedures set out in Chapter II of Annex II and contain detailed instructions for staff performing official controls.

2.  Competent authorities shall have procedures in place to verify the consistency and effectiveness of official controls and other official activities that they perform.

3.  Competent authorities shall:

(a)  take corrective actions in all cases where the procedures provided for in paragraph 2 identify shortcomings in the consistency and effectiveness of official controls and other official activities;

(b)  update the documented procedures provided for in paragraph 1 as appropriate.

Article 12

Recording of, and reports on, official controls [Am. 86]

1.  Competent authorities shall draw up reports on keep documentary records of every official control that they perform have performed. They shall draw up reports on controls in which this Regulation or the provisions referred to in Article 1(2) were found to have been infringed. [Am. 87]

Those reports shall contain:

(a)  a description of the purpose of the official controls;

(b)  the control methods applied;

(c)  the results of the official controls;

(d)  where appropriate, action that the competent authorities require the operator concerned to take as a result of their official controls.

2.  Competent authorities shall provide the operator subject to an official control with a copy of the report provided for in paragraph 1.

3.  Where official controls require the continuous or regular presence of staff or representatives of the competent authorities in the operator's premises, the reports provided for in paragraph 1 shall be produced with a frequency that enables the competent authorities and the operator to be:

(a)  regularly informed of the level of compliance;

(b)  immediately informed of any shortcoming or non-compliance identified through the official controls.

3a.  The outcome of official controls performed at a border control post shall be recorded in the Common Health Entry Document in accordance with Article 54(2)(b). [Am. 88]

Article 13

Official controls, methods and techniques

1.  Competent authorities shall perform official controls using control methods and techniques that shall, as appropriate, include screening, targeted screening, verification, inspections, audits, sampling, analysis, diagnosis and tests.

2.  Official controls shall include the following, as appropriate: [Am. 89]

(a)  an examination of the control systems that operators have put in place and of the results obtained;

(b)  an inspection of:

(i)  primary producers' installations and other businesses, including their surroundings, premises, offices, equipment, installations and machinery, transport and their animals and goods;

(ii)  raw materials, ingredients, processing aids and other products used for the preparation and production of goods or for feeding or treating animals;

(iia)  materials intended to come into contact with food; [Am. 90]

(iii)  semi-finished goods;

(iv)  cleaning and maintenance products and processes, plant protection products;

(v)  labelling, presentation and advertising;

(c)  controls on the hygiene conditions in the operators’ premises;

(d)  an assessment of procedures on good manufacturing practices (GMP), good hygiene practices (GHP), good farming practices and hazard analysis critical control points (HACCP);

(e)  an examination of documents, traceability records and other records which may be relevant to the assessment of compliance with the rules referred to in Article 1(2); [Am. 91]

(f)  interviews with operators and with their staff;

(g)  a reading of values recorded by operators' measuring instruments;

(h)  controls performed with the competent authorities' own instruments to verify measurements taken by operators;

(i)  any other activity required to identify non-compliance.

2a.  Specific rules for the performance of official controls shall always take into account not only potential health risks, but also consumer expectations with regard to food composition and the likelihood of fraudulent practices. [Am. 326]

Article 14

Obligations of operators

1.  To the extent that this is necessary for the performance of official controls or of other official activities, operators shall, where required by the competent authorities, give staff of the competent authorities and staff of the delegated bodies, where specific official control tasks have been delegated in accordance with the provisions of Article 25, access to: [Am. 92]

(a)  their premises;

(b)  their computerised information management systems;

(c)  their animals and goods;

(d)  their relevant documents and any other relevant information, including the results of potential own tests, that is relevant for the purpose of performing such controls or activities and the control subjects listed in Article 13(2). Every operator shall be able to indicate at least each operator he is supplied by and each operator he is supplying. [Am. 93]

2.  During official controls and other official activities, operators shall assist the staff of the competent authorities and the delegated bodies, pursuant to Article 25, in the accomplishment of their control tasks. Operators shall supply sufficient quantities of samples free of charge to the competent authorities. [Am. 94]

3.  The operator responsible for the consignment shall:

(a)  cooperate fully with the competent authorities to ensure the efficient performance of official controls or other official activities;

(b)  make available without delay all requested information concerning the consignment on paper or electronically. [Am. 95]

4.  The Commission may, by means of implementing acts, lay down rules:

(a)  establishing the modalities for access by the competent authorities and the delegated bodies, pursuant to Article 25, to the computerised information management systems referred to in paragraph 1(b); [Am. 96]

(b)  on the cooperation between operators and competent authorities as referred to in paragraph 3.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 15

Specific rules on official controls and on action to be taken by the competent authorities in relation to the production of products of animal origin intended for human consumption

-1.  Official controls performed to verify compliance with the rules referred to in Article 1(2) in relation to products of animal origin intended for human consumption shall always include the verification of compliance with Regulations (EC) No 852/2004(57), (EC) No 853/2004 and (EC) No 1069/2009 as applicable, and at least of the following, as appropriate:

(a)  the design and maintenance of premises and equipment;

(b)  personal hygiene;

(c)  HACCP-based procedures;

(d)  own-controls procedures;

(e)  verification of compliance by the staff with applicable requirements;

(f)  verification of the operator’s records and of documents accompanying food, feed and any substance or material entering and leaving the establishment;

(g)  consideration of any evidence of the presence of fraudulent practices.

1.  The official controls on referred to in paragraph 1 performed in relation to the production of meat shall include:

(a)  the verification by or under the responsibility of an official veterinarian, of the health and welfare of the animals prior to the slaughter or by an official auxiliary working under an official veterinarian's responsibility;

(b)  official controls by or under the responsibility of an official veterinarian or by an official auxiliary working under an official veterinarian's responsibility, in slaughterhouses, cutting and processing plants and game handling establishments, to verify compliance with the requirements applicable to:

(i)  the hygiene of meat production;

(ii)  the presence of residues of veterinary medicinal products in products of animal origin intended for human consumption;

(iii)  the handling and disposal of animal by-products and of specified risk material;

(iv)  the health and welfare of the animals.

1a.  For the purposes of the official controls referred to in paragraph 2:

(a)  at least one official veterinarian shall be present during both the ante-mortem and post-mortem inspection or, in the case of game-handling establishments, during the post-mortem inspection;

(b)  an official veterinarian or an official auxiliary shall be present, with a frequency appropriate to achieving the objectives of this Regulation, in cutting plants when meat is being worked on.

1b.  Following the official controls referred to in paragraph 2, actions and measures in accordance with Article 135 in relation to the animals, their welfare and the destination of meat shall be taken by or under the responsibility of the official veterinarian.

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning specific rules for the performance of official controls on products of animal origin intended for human consumption and on animals intended for the production of such products to verify compliance with the rules referred to in points (a), (c), (d) and (e) of Article 1(2) applicable to those products and animals, and on action to be taken by the competent authorities following official controls. Those delegated acts shall lay down rules on:

(a)  the specific responsibilities and tasks of the competent authorities, in addition to those provided for in paragraph 1 and in Article 4, Articles 8 and 9, Article 10(1), Articles 11 to 13, Article 34(1) and (2), and Article 36;

(b)  uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls, having regard, in addition to the criteria referred to in Article 8(1), to the specific hazards and risks which exist in relation to each product of animal origin and the different processes it undergoes;

(c)  the cases where and the conditions under which slaughterhouse staff may be involved in official controls appropriately qualified and trained, and employed under the control of the official veterinarian in a unit which is segregated and independent from the production units of the establishment, may assist the official veterinarian when performing the official controls referred to in paragraph 2 in relation to the production of meat from poultry and largomorphs, and the design and application of tests to assess their performance;

(d)  the circumstances in which the competent authorities in relation to specific cases of non-compliance are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph;

(e)  criteria to determine when, on the basis of a risk analysis, the conditions and the frequency of the official control tasks to be carried out by the official veterinarian is not required to be present in low throughput slaughterhouses and in game handling establishments, during the official controls referred to respecting the minimum requirement laid down in paragraph 11a (a).

Where, in cases of risks which cannot be effectively addressed in the absence of common specifications for the official controls or for the action to be taken by the competent authorities following such official controls, imperative grounds of urgency so require, the procedure provided for in Article 140 shall apply to delegated acts adopted pursuant to this paragraph.

3.  The Commission shall take into account the following when adopting delegated acts as provided for in paragraph 2:

(a)  the experience gained by competent authorities and food business operators on the application of the procedures referred to in Article 5 of Regulation (EC) No 852/2004;

(b)  scientific and technological developments;

(c)  consumer expectations with regard to food composition and changes in patterns of consumption of food;

(d)  risks to human health and animal health associated with meat and other products of animal origin intended for human consumption;

(da)  consideration of any evidence of the presence of fraudulent practices.

4.  Insofar as this does not prevent the achievement of the objectives of human health and animal health pursued by the rules referred to in points (a), (c), (d) and (e) of Article 1(2), applicable to products of animal origin intended for human consumption and to animals intended for the production of such products, the Commission shall also take into account the following elements, when adopting delegated acts as provided for in paragraph 2:

(a)  the need to facilitate the application of for the delegated acts in to be commensurate with the nature and the size of small businesses to ensure an effective application; [Am. 97]

(b)  the need to enable the continued use of traditional methods at any of the stages of production, processing or distribution of food;

(c)  the needs of food businesses situated in regions that are subject to special geographic constraints.

Article 16

Specific rules on official controls and on action to be taken by the competent authorities in relation to the residues of certain substances in food and feed

The Commission shall be empowered to adopt delegated acts in accordance with Article 139 legislative proposals concerning rules on official controls to be performed to verify compliance with the rules referred to in point (a) of Article 1(2) applicable to certain substances whose use on crops or animals or to produce or process food or feed may result in residues of those substances in food or feed, and on action to be taken by the competent authorities following official controls. Such delegated acts legislative proposals shall take account of the need to ensure a minimum level of official controls to prevent the use of those substances in violation of point (a) of Article 1(2), and lay down rules on: [Am. 327]

(a)  uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls, having regard, in addition to the criteria referred to in Article 8(1), to the specific hazards and risks related to non-authorised substances and to the non-authorised use of authorised substances;

(b)  specific additional criteria and specific additional content to those provided for in Article 108, for the preparation of the relevant parts of the multi-annual national control plan provided for in Article 107(1);

(c)  the cases where the competent authorities in relation to specific non-compliances are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph.

Article 17

Specific rules on official controls and on action to be taken by the competent authorities in relation to animals, products of animal origin, and germinal products, animal by-products and derived products [Am. 98]

1.  Official controls in relation to animals shall include:

(a)  verification of measures for protection against biological and chemical hazards to human and animal health;

(b)  verification of animal welfare measures, without prejudice to Article 18;

(c)  verification of disease control or eradication measures. [Am. 99]

2.   The Commission shall be empowered to adopt delegated acts in accordance with Article 139 legislative proposals concerning rules for the performance of official controls on animals, on products of animal origin, on germinal products, on animal by-products and on derived products to verify compliance with the Union rules referred to in points (d) and (e) of Article 1(2) and on action to be taken by the competent authorities following official controls. Suchdelegated acts legislative proposals shall take account of animal health risks related to animals, products of animal origin and germinal products, and of human and animal health risks related to animal by-products and derived products, and lay down rules on: [Am. 100]

(a)  the specific responsibilities and tasks of the competent authorities, in addition to those provided for in Article 4, 8, 9, 10(1), Articles 11 and 12, 13, and Article 34(1) and (2) and 36; [Am. 101]

(b)  uniform specific requirements for the performance of official controls, and uniform minimum frequency of such official controls, having regard, in addition to the criteria referred to in Article 8(1), to the need to address specific hazards and risks to animal health by means of official controls performed to verify compliance with disease prevention and control measures laid down in accordance with the rules referred to in point (d) of Article 1(2);

(c)  the cases where the competent authorities in relation to cases of specific non-compliance are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph.

Article 18

Specific rules on official controls and action to be taken by the competent authorities in relation to the welfare requirements for animals

1.  In addition to the general rules on official controls provided for in Article 8, official controls to verify compliance with the rules laying down welfare requirements for animals in case of their transport shall include: [Am. 102]

(a)  in case of long journeys between Member States and with third countries, official controls performed prior to the loading to check the fitness of the animals for transport;

(b)  in case of long journeys between Member States and with third countries of domestic equidae other than registered equidae and domestic animals of the bovine, ovine, caprine and porcine species, prior to the journey:

(i)  official controls on journey logs to verify that the journey log is realistic and indicates compliance with Regulation (EC) No 1/2005;

(ii)  official controls to verify that the transporter indicated in the journey log has a valid transporter authorisation, certificate of approval for the means of transport for long journeys and certificates of competence for drivers and attendants;

(c)  at border control posts provided for in Article 57(1) and at exit points:

(i)  official controls on the fitness of the animals being transported and on the means of transport to verify compliance with Chapter II and where applicable Chapter VI of Annex I to Regulation (EC) No 1/1005; [Am. 103]

(ii)  official controls to verify that transporters comply with applicable international agreements, including the European Convention for the protection of animals during international transport and have valid transporter authorisations and certificates of competence for drivers and attendants; [Am. 104]

(iii)  official controls to verify whether domestic equidae and domestic animals of bovine, ovine, caprine and porcine species have been or are to be transported over long journeys;

(iiia)  following official controls under point (c) (i) of this paragraph, where the view of the competent authority is that animals are unfit for transport, they shall be unloaded, watered, fed and rested and veterinary assistance must be sought if necessary, until fit to continue their journey; [Am. 105]

(ca)  in case of long journeys between Member States and with third countries, official controls performed at any stage of the long journey on a random or targeted basis to verify that declared journey times are realistic and that the journey complies with Regulation (EC) No 1/2005 and in particular that travel times and rest periods have complied with the limits set out in Chapter V of Annex I to Regulation (EC) No 1/2005. [Am. 106]

2.  Where the rules referred to in point (f) of Article 1(2) require that certain non-quantifiable standards of animal welfare be met, or where those rules require the adoption of certain practices whose adherence to which cannot be effectively verified through the sole use of the official control methods and techniques referred to in Article 13, official controls performed to verify compliance with those rules may include the use of specific indicators of animal welfare, in the cases and under the conditions that shall be adopted in accordance with point (f) of paragraph 3.

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 legislative proposals concerning rules for the performance of official controls to verify compliance with Union rules referred to in point (f) of Article 1(2). Those delegated acts legislative proposals shall take into account the animal welfare risk related to the farming activities and to the transport, slaughter and killing of animals, and shall lay down rules on: [Am. 107]

(a)  the specific responsibilities and tasks of the competent authorities, in addition to those provided for in paragraph 1 and Article 4, Articles 8 and 9, Article 10(1) and Articles 11 to 13, 34(1) and (2), and 36; [Am. 108]

(b)  uniform specific requirements for the performance of official controls, and uniform minimum frequency of such official controls, having regard, in addition to the criteria referred to in Article 8(1), to the risk associated with different animal species and means of transport, and the need to prevent non-compliant practices and to limit the suffering of animals;

(c)  the cases where the competent authorities in relation to specific non-compliances are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph;

(d)  the verification of animal welfare requirements at border control posts and at exit points and the minimum requirements applicable to such exit points;

(e)  specific criteria and conditions for the activation of the mechanisms of administrative assistance provided for in Title IV;

(f)  the cases and conditions where official controls to verify compliance with animal welfare requirements may shall include the use of specific animal welfare indicators based on measurable performance criteria, and the design of such indicators on the basis of scientific and technical evidence. [Am. 109]

Article 19

Specific rules on official controls and action to be taken by the competent authorities in relation to plant health

The Commission shall be empowered to adopt delegated acts in accordance with Article 139 legislative proposals concerning rules for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules referred to in point (g) of Article 1(2) applicable to such goods and on action to be taken by the competent authorities following such official controls. Those delegated acts legislative proposals shall take account of plant health risks associated with plants, plant products and other objects in relation to specific pests of plants or operators and lay down rules on: [Am. 328]

(a)  specific responsibilities and tasks of the competent authorities, in addition to those provided for in Article 4, Articles 8 and 9, Article 10(1), Articles 11 to 13, Article 34(1) and (2), and Article 36;

(b)  uniform specific requirements for the performance of official controls on the introduction into and movement in the Union of particular plants, plant products and other objects subject to the rules referred to in point (g) of Article 1(2) and uniform minimum frequencies of such official controls having regard, in addition to the criteria referred to in Article 8(1), to the specific hazards and risks to plant health in relation to specific plants, plant products and other objects of a particular origin or provenance;

(c)  uniform frequencies of official controls performed by competent authorities on operators authorised to issue plant passports in accordance with Article 79(1) of Regulation (EU) No …/….(58) having regard, in addition to the criteria referred to in Article 8(1), to whether those operators have implemented a phytosanitary risk management plan as referred to in Article 86 of Regulation (EU) No …/….(59) for the plants, plant products and other objects they produce;

(d)  the cases where the competent authorities in relation to specific non-compliances are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph.

Article 20

Specific rules on official controls and action to be taken by the competent authorities in relation to plant reproductive material

The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules for the performance of official controls on plant reproductive material in order to verify compliance with the rules referred to in point (h) of Article 1(2) applicable to such goods and on action to be taken by the competent authorities following such official controls. Those delegated acts shall lay down rules on:

(a)  the specific responsibilities and tasks of the competent authorities, in addition to those provided for in Articles 4, 8, 9, 10(1), 11, 12, 13, 34(1) and (2), and 36;

(b)  uniform specific requirements for the performance of official controls having regard, in addition to the criteria referred to in Article 8(1), to the risks to the health, identity, quality and traceability of certain categories of plant reproductive material or of specific genera or species;

(c)  specific criteria and conditions for the activation of the mechanisms of administrative assistance provided for in Title IV;

(d)  the cases where the competent authorities in relation to specific non-compliances are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph. [Am. 110]

Article 21

Specific rules on official controls and action to be taken by the competent authorities in relation to GMOs and genetically modified food and feed

The Commission shall be empowered to adopt delegated acts in accordance with Article 139 legislative proposals concerning rules for the performance of official controls on GMOs and genetically modified food and feed performed to verify compliance with the rules referred to in points (a), (b) and (c) of Article 1(2) and on action to be taken by the competent authorities following such official controls. Those delegated acts legislative proposals shall take into account the need to ensure a minimum level of official controls to prevent practices in violation with those rules, and lay down rules on: [Am. 111]

(a)  specific responsibilities and tasks of the competent authorities, in addition to those provided for in Article 4, Articles 8 and 9, Article 10(1), Articles 11 to 13, Article 34(1) and (2), and Article 36;

(b)  uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls on:

(i)  the presence on the market of GMOs and of genetically modified food and feed which have not been authorised in accordance with Directive 2001/18/EC of the European Parliament and the Council (60) or Regulation (EC) No 1829/2003;

(ii)  the cultivation of GMOs and the correct application of the monitoring plan referred to in point (e) of Article 13(2) of Directive 2001/18/EC and in Articles 5(5) and 17(5) of Regulation (EC) 1829/2003, including minimum measures for monitoring and surveillance of potential effects on health, animal health and the environment; [Am. 112]

(iii)  the contained use of genetically modified micro-organisms;

(iiia)  minimum measures as regards controls and reporting which aim at avoiding the unintended presence of GMOs, in accordance with Article 26a of Directive 2001/18/EC; [Am. 113]

(c)  the circumstances in which the competent authorities in relation to specific cases of non-compliance are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph.

Article 22

Specific rules on official controls and on action to be taken by the competent authorities in relation to plant protection products

The Commission shall be empowered to adopt delegated acts in accordance with Article 139 legislative proposals concerning rules for the performance of official controls to verify compliance with the rules referred to in point (i) of Article 1(2). [Am. 114]

Those delegated acts legislative proposals shall take into account the risks that plant protection products may represent for human health, animal health or the environment, and shall lay down rules on: [Am. 115]

(a)  the specific responsibilities and tasks of the competent authorities, in addition to those provided for in Article 4, Articles 8 and 9, Article 10(1), Articles 11 to 13, Article 34(1) and (2), and Article 36;

(b)  uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls, concerning the manufacture, placing on the market, entry into the Union, labelling, packaging, transport, storage, parallel trade and use of plant protection products, having regard, in addition to the criteria referred to in Article 8(1), to the need to ensure the safe and sustainable use of plant protection products and to combat illegal trade of such products; [Am. 116]

(c)  uniform specific requirements for inspections on pesticide application equipment and uniform minimum frequency of such controls;

(ca)  uniform specific requirements for the establishment of a register or database concerning production, packaging and storage facilities; [Am. 117]

(d)  the cases where the competent authorities in relation to specific non-compliances are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph;

(e)  the design of certification systems to assist the competent authorities in the inspections of pesticide application equipment;

(f)  the collection of information, monitoring and reporting on suspected poisonings from plant protection products;

(g)  the collection of information, and the monitoring of and reporting on counterfeited plant protection products and illegal trade of plant protection products.

Article 23

Specific rules on official controls and on action to be taken by the competent authorities in relation to organic products and to protected designations of origin, protected geographical indications and traditional specialties guaranteed

1.  The Commission shall be empowered to adopt delegated acts, in accordance with Article 139 concerning rules for the performance of official controls to verify compliance with the rules referred to in points (j) and (k) of Article 1(2) and on action to be taken by the competent authorities following such official controls.

2.  In relation to The Commission shall be empowered to adopt delegated acts, in accordance with Article 27(2) of Regulation (EC) No 834/2007, to verify compliance with the rules referred to in point (j) of Article 1(2), the delegated acts referred to in paragraph 1 and on action to be taken by the competent authorities following such official controls. Those delegated acts shall lay down rules on: [Am. 118]

(a)  the specific responsibilities and tasks of the operators, the competent authorities, the delegated bodies to ensure compliance with the provisions of Regulation (EC) No 834/2007, in addition to those provided for in Article 4, Articles 8 and 9, Article 10(1), Articles 11 to 13, Article 34(1) and (2), and Article 36, and in addition to Articles 25, 29, 30 and 32 for the approval and supervision of delegated bodies; [Am. 119]

(b)  additional requirements to those referred to in Article 8(1) for risk assessment, and for the establishment of the frequency of official controls, and of sampling as appropriate, taking into account the risk of the occurrence of non-compliance;

(c)  the minimum frequency of official controls on operators as defined in point (d) of Article 2 of Council Regulation (EC) No 834/2007, and the cases where and the conditions under which certain such operators are to be exempted from certain official controls;

(d)  additional methods and techniques for official controls to those referred to in Article 13 and Article 33(1) to (5) and specific requirements for the performance of official controls aimed at ensuring the traceability of organic products at all stages of the production, preparation and distribution, and at providing assurances as to compliance with the rules referred to in point (j) of Article 1(2);

(e)  additional criteria to those referred to in the second subparagraph of Article 135(1) and in Article 30(1) of Regulation (EC) No 834/2007, relating to the measures to be taken in case of the occurrence of non-compliance, and additional measures to those provided for in Article 135(2);

(f)  additional requirements to those provided for in point (f) of Article 4(1) in relation to the facilities and equipment necessary to carry out official controls and additional conditions and obligations to those referred to in Articles 25 to 30 and Article 32 for the delegation of official control tasks;

(g)  additional reporting obligations to those referred to in Articles 12 and 31 for the competent authorities, the control authorities for organic products, and the delegated bodies in charge of official controls;

(h)  specific criteria and conditions for the activation of the mechanisms of administrative assistance provided for in Title IV.

3.  In relation to the rules referred to in point (k) of Article 1(2), the delegated acts referred to in paragraph 1 shall lay down rules on:

(a)  additional requirements, methods and techniques to those referred to Articles 11 and 13 for official controls performed to verify compliance with product specifications and labelling requirements;

(b)  additional methods and techniques to those referred in Article 13 for the performance of official controls aimed at ensuring the traceability of products falling within the scope of the rules referred to in point (k) of Article 1(2) at all stages of production, preparation and distribution, and at providing assurances as to compliance with those rules;

(c)  specific additional criteria and specific additional content to those provided for in Article 108, for the preparation of the relevant parts of the multi-annual national control plan provided for in Article 107(1), and specific additional content of the report provided for in Article 112;

(d)  specific criteria and conditions for the activation of the mechanisms of administrative assistance provided for in Title IV;

(e)  specific measures to be taken, in addition to those referred to in Article 135(2) in case of non-compliance and of serious or recurrent non-compliance.

4.  Where appropriate, the delegated acts referred to in paragraphs 2 and 3 shall derogate from the provisions of this Regulation referred to in those paragraphs. [Am. 120]

Article 24

Specific rules on official controls and on action to be taken by the competent authorities in cases of newly identified risks in relation to food and feed

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 legislative proposals concerning specific rules on official controls performed on certain categories of food or feed to verify compliance with the rules referred to in points (a) to (e) of Article 1(2) and on action to be taken by the competent authorities following such official controls. Those delegated acts legislative proposals shall address newly identified risks which may be posed through food or feed to human or animal health or, in relation to GMOs and plant protection products to the environment, or any such risks emerging from new patterns of production or consumption of food or feed, or which cannot be effectively addressed in the absence of common specifications for the official controls and for the action to be taken by the competent authorities following such official controls, and shall lay down rules on: [Am. 121]

(a)  the specific responsibilities and tasks of the competent authorities, in addition to those provided for in Article 4, Articles 8 and 9, Article 10(1), Articles 11 to 13, Article 34(1) and (2), and Article 36;

(b)  uniform specific requirements for the performance of official controls and uniform minimum frequency of such official controls, having regard, in addition to the criteria referred to in Article 8(1), to the specific hazards and risks which exist in relation to each category of food and feed and the different processes it undergoes;

(c)  the cases where the competent authorities in relation to specific non-compliances are to take one or more of the measures referred to in Article 135(2) or additional measures to those provided for in that paragraph.

2.  Where, in the case of serious risks to human or animal health or to the environment, imperative grounds of urgency so require, the procedure provided for in Article 140 shall apply to delegated acts adopted pursuant to paragraph 1.

Article 24a

Specific rules on official controls and on action to be taken by the competent authorities in relation to materials and articles intended to come into contact with food.

The Commission may be empowered to adopt delegated acts in accordance with Article 139 concerning rules on the application of the official controls and on action to be taken by the competent authorities in relation to materials and articles intended to come into contact with food. [Am. 122]

Chapter III

Delegation of specific tasks of the competent authorities

Article 25

Delegation by the competent authorities of specific official control tasks

1.  Competent authorities may delegate specific official control tasks to one or more delegated bodies or natural persons in accordance with the conditions provided for in Articles 26 and 27 respectively. Competent authorities shall not delegate specific official control tasks to natural persons concerning official controls performed to verify compliance with the rules referred to in point (j) of Article 1(2). [Am. 123]

2.  Competent authorities shall not delegate the decision concerning the measures provided for in point (b) of Article 135(1) and in Article 135 (2) and (3).

The first subparagraph shall not apply to the measures to be taken in accordance with Article 135 or with the rules provided for in point (e) of Article 23(2) following official controls performed to verify compliance with the rules referred to in point (j) of Article 1(2). [Am. 124]

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 establishing specific official control tasks that may not be delegated in order to preserve the independence or the core functions of the competent authorities.

4.  Where competent authorities delegate specific official control tasks for the verification of compliance with the rules referred to in point (j) of Article 1(2) to one or more delegated bodies, they shall attribute a code number to each delegated body and designate authorities responsible for their approval and supervision.

Article 26

Conditions for delegating specific official control tasks to delegated bodies

The delegation of specific control tasks to a delegated body referred to in Article 25(1) shall be in writing and shall comply with the following conditions:

(a)  the delegation contains a precise description of:

(i)  the specific official control tasks that the delegated body may perform;

(ii)  the conditions under which it may perform those tasks;

(b)  the delegated body:

(i)  has the expertise, equipment and infrastructure required to perform the specific official control tasks delegated to it;

(ii)  has a sufficient number of suitably qualified and experienced staff;

(iii)  is impartial, independent, not directly nor indirectly employed by the operator on which it is performing control activities, and otherwise free from any conflict of interest as regards the exercise of the specific official control tasks delegated to it; [Am. 125]

(iv)  works and is accredited in accordance with standard EN ISO/IEC 17020 'Requirements for the operation of various types of bodies performing inspection' or another standard if more relevant to the delegated tasks in question;

(iva)  has sufficient powers to perform the official controls delegated to it; [Am. 126]

(c)  there are arrangements in place ensuring efficient and effective coordination between the delegating competent authorities and the delegated body.

Article 27

Conditions for delegating specific official control tasks to natural persons

Competent authorities may delegate specific official control tasks to one or more natural persons where the rules provided for in Articles 15 to 24 so allow. Such delegation shall be in writing.

Article 26 shall apply to the delegation of specific official control tasks to natural persons, with the exception of points (b)(ii) and (b)(iv).

Article 28

Obligations of the delegated body and natural person to which specific official control tasks are delegated

Delegated bodies or natural persons to whom specific official control tasks have been delegated in accordance with Article 25(1) shall:

(a)  communicate the results of the official controls performed by them to the competent authorities which have delegated the specific official control tasks on a regular basis and whenever those competent authorities so request;

(b)  immediately inform the competent authorities which have delegated the specific official control tasks whenever the results of the official controls indicate non-compliance or point to the likelihood of non-compliance.

Article 29

Obligations of the competent authorities delegating specific official control tasks

Competent authorities that have delegated specific official control tasks to delegated bodies or natural persons in accordance with Article 25(1) shall:

(a)  organise periodic and unannounced audits or inspections of such bodies or persons as necessary; [Am. 127]

(b)  fully or partly withdraw the delegation without delay where:

(i)  following an audit or an inspection as provided in point (a), there is evidence that such delegated bodies or natural persons are failing to properly perform the official control tasks delegated to them;

(ii)  the delegated body or the natural person fails to take appropriate and timely action to remedy the shortcomings identified during the audits and inspections provided for in point (a);

(iia)  the independence or impartiality of the delegated body or natural person have been shown to be compromised. [Am. 128]

Article 30

Conditions for delegating specific tasks related to other official activities

1.  The competent authorities may delegate specific tasks related to other official activities to one or more delegated bodies subject to compliance with the following conditions:

(a)  the rules referred to in Article 1(2) do not prohibit such delegation;

(b)  the conditions laid down in Article 26 are fulfilled with the exception of point (b)(iv).

2.  The competent authorities may delegate specific tasks related to other official activities to one or more natural persons subject to compliance with the following conditions:

(a)  the rules referred to in Article 1(2) allow such delegation;

(b)  the conditions laid down in Article 26 are fulfilled with the exception of points (b)(ii) and (b)(iv).

Article 31

Obligations of the delegated body and natural person to which specific tasks related to other official activities are delegated

The delegated body or the natural person to whom specific tasks related to other official activities have been delegated in accordance with Article 30 shall:

(a)  communicate the results of the other official activities performed by it to the competent authorities which have delegated the specific tasks related to other official activities on a regular basis and whenever the competent authorities so request;

(b)  immediately inform the competent authorities which have delegated the specific tasks related to other official activities whenever the results of the other official activities indicate non-compliance or point to the likelihood of non-compliance.

Article 32

Obligations of the competent authorities delegating specific tasks related to other official activities

Competent authorities that have delegated specific tasks related to other official activities to delegated bodies or natural persons in accordance with Article 30 shall:

(a)  organise audits or inspections of such bodies or persons as necessary; [Am. 129]

(b)  fully or partly withdraw the delegation without delay where:

(i)  following an audit or an inspection as provided for in point (a), there is evidence that such delegated bodies or natural persons are failing to properly perform the tasks related to other official activities delegated to them;

(ii)  the delegated bodies or natural persons fail to take appropriate and timely action to remedy the shortcomings identified during the audits and inspections provided for in point (a).

Chapter IV

Sampling, analyses, tests and diagnoses

Article 33

Methods used for sampling, analyses, tests and diagnoses

1.  Methods used for sampling and for laboratory analyses, tests and diagnoses during official controls and other official activities shall comply with Union rules establishing those methods or the performance criteria for those methods.

2.  In the absence of the Union rules referred to in paragraph 1, in the context of official controls, official laboratories shall use state-of-the-art methods for their specific analytical, testing and diagnostic needs, taking into account, in the following order: [Am. 130]

(a)  the most recent available methods complying with relevant internationally recognised rules or protocols, including those that the European Committee for Standardisation (CEN) has accepted;

(b)  in the absence of the rules or protocols referred to in point (a), the relevant methods developed or recommended by the European Union reference laboratories and validated in accordance with internationally accepted scientific protocols;

(c)  in the absence of the rules or protocols referred to in point (a) and the methods referred to in point (b), the methods which comply with relevant rules established at national level;

(d)  in the absence of the rules or protocols referred to in point (a), the methods referred to in point (b) and the national rules referred to in point (c), the relevant methods developed or recommended by national reference laboratories and validated in accordance with internationally accepted scientific protocols; or,

(e)  in the absence of the rules or protocols referred to in point (a), the methods referred to in point (b), the national rules referred to in point (c) and the methods referred to in point (d), the relevant methods validated in accordance with internationally accepted scientific protocols.

3.  By way of derogation from paragraph 2, in the context of screening, targeted screening and of other official activities, any of the methods referred to in paragraph 2 may be used in the absence of Union rules referred to in paragraph 1. The same rule shall apply to the other official activities. [Am. 131]

4.  Where laboratory analyses, tests or diagnoses are urgently needed in exceptional cases due to a developing emergency situation, and none of the methods referred to in paragraphs 1 and 2 exists, the relevant national reference laboratory or, if no such national reference laboratory exists, any other laboratory designated in accordance with Article 36(1) may use methods other than those referred to in paragraphs 1 and 2 of this Article until the validation of an appropriate method in accordance with internationally accepted scientific protocols. [Am. 132]

5.  Wherever possible, methods used for laboratory analyses shall be characterised by the appropriate criteria set out in Annex III.

6.  Samples shall be taken, handled and labelled in such a way as to guarantee their legal, scientific and technical validity. The size of the sample taken must be such as to enable a second expert opinion to be given, where necessary, should an operator so request under Article 34. [Am. 133]

6a.  As regards products of animal origin, methods have to be developed and mandatorily established aimed at identifying and tracing breeding material from cloned animals as well as descendants from cloned animals and products derived thereof. [Am. 134]

7.  The Commission may, by means of implementing acts, insofar as these matters are not otherwise regulated, lay down rules for: [Am. 135]

(a)  the methods to be used for sampling and for laboratory analyses, tests and diagnoses;

(b)  performance criteria, analysis, test or diagnosis parameters, measurement uncertainty and procedures for the validation of those methods;

(c)  the interpretation of analytical, testing and diagnostic results.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 34

Second expert opinion

1.  The competent authorities shall ensure that operators, whose animals or goods are subject to sampling, analysis, test or diagnosis in the context of official controls, have the right to apply for a second expert opinion, where this is relevant and technically feasible. The operator shall bear the costs of that expert opinion. [Am. 136]

Such a right:

(a)  shall always entitle the operator to request a documentary review of the sampling, analysis, test or diagnosis by another expert designated by the reference laboratory or, failing that, by another official laboratory which is at least equivalent; [Am. 137]

(b)  where relevant and technically feasible, having regard in particular to the prevalence and distribution of the hazard in the animals or goods, to the perishability of the samples or the goods and to the amount of available substrate, shall entitle the operator to request and oblige the competent authorities to ensure: [Am. 138]

(i)  that a sufficient number of other samples be taken for and divided into three parts for the purpose of an initial analysis and, if appropriate, a second expert opinion; or, at the request of the operator, and then another final analysis, if there is a discrepancy between the two previous ones; [Am. 139]

(ii)  where it is not possible to take a sufficient number of samples as referred to in point (i), that an independent second analysis, test or diagnosis on the sample be carried out.

1a.  Samples shall be handled and labelled in such a way as to guarantee their legal and technical validity. [Am. 140]

2.  The application by the operator for a second expert opinion in accordance with paragraph 1 shall not affect the obligation of competent authorities to take prompt action to eliminate or contain the risks to human, animal and plant health, or for animal welfare or, as regards GMOs and plant protection products, for the environment, in accordance with the rules referred to in Article 1(2) and with this Regulation.

3.  The Commission may, by means of implementing acts, lay down procedures for the uniform application of the rules provided for in paragraph 1 and for the presentation and handling of applications for a second expert opinion. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 35

Sampling of animals and goods offered for sale by means of distance communication

1.  In the case of animals and goods offered for sale by means of distance communication, samples ordered from operators by the competent authorities without identifying themselves may be used for the purposes of an official control.

2.  Competent authorities, once they are in possession of the samples, shall take all steps to ensure that the operators from whom the those samples are ordered in accordance with paragraph 1: [Am. 141]

(a)  are informed that such samples are being taken in the context of an official control and, where appropriate, analysed or tested for the purposes of such official control; and,

(b)  where the samples referred to in paragraph 1 are analysed or tested, are entitled to exercise the right to apply for a second expert opinion provided for in Article 34(1).

Article 36

Designation of official laboratories

1.  The competent authorities shall designate official laboratories to carry out the laboratory analyses, tests and diagnoses on samples taken during official controls and other official activities, in the Member State in whose territory those competent authorities operate or in another Member State.

2.  Competent authorities may designate as official laboratory a laboratory located in another Member State subject to compliance with the following conditions:

(a)  appropriate arrangements are in place under which they are enabled to perform the audits and inspections referred to in Article 38(1) or delegate the performance of such audits and inspections to the competent authorities of the Member State where the laboratory is located;

(b)  that laboratory is already designated as an official laboratory by the competent authorities of the Member State on whose territory it is located.

3.  The designation shall be in writing and shall include a detailed description of:

(a)  the tasks that the laboratory shall carry out as official laboratory;

(b)  the conditions under which it shall carry out those tasks;

(c)  the arrangements necessary to ensure efficient and effective coordination and collaboration between the laboratory and the competent authorities.

4.  The competent authorities may only designate as official laboratory a laboratory which:

(a)  has the expertise, equipment and infrastructure required to carry out analyses or tests or diagnoses on samples;

(b)  has a sufficient number of suitably qualified, trained and experienced staff;

(c)  is independent, impartial and free from any conflict of interest as regards the exercise of its tasks as official laboratory; [Am. 142]

(d)  can deliver timely the results of the analysis, test or diagnosis carried out on the samples taken during official controls and other official activities;

(e)  operates in accordance with the standard EN ISO/IEC 17025 on 'General requirements for the competence of testing and calibration laboratories' and is assessed and accredited in accordance with that standard by a national accreditation body operating in accordance with Regulation (EC) No 765/2008. [Am. 143]

5.  The scope of the assessment and accreditation of an official laboratory referred to in point (e) of paragraph 4: [Am. 144]

(a)  shall include all the methods of laboratory analysis, test or diagnosis required to be used by the laboratory for analyses, tests or diagnoses when it operates as an official laboratory;

(b)  may comprise one or more methods of laboratory analysis, test or diagnosis or groups of methods;

(c)  may be defined in a flexible manner, so as to allow the accreditation scope to include modified versions of the methods used by the official laboratory when the accreditation was granted or new methods in addition to those methods, on the basis of the laboratory's own validations without a specific assessment by the national accreditation body prior to the use of those modified or new methods.

Where no official laboratory designated in the Union in accordance with paragraph 1 has the expertise, equipment, infrastructure and staff necessary to perform new or particularly uncommon laboratory analyses, tests or diagnoses, the competent authorities may request a laboratory or diagnostic centre which does not comply with one or more of the requirements of paragraphs 3 and 4 of this Article to carry out those analyses, tests and diagnoses.

Article 37

Obligations of official laboratories

1.  Official laboratories shall immediately inform the competent authorities where the results of an analysis, test or diagnosis carried out on samples indicate non-compliance or point to the likelihood of non-compliance by an operator.

2.  Upon request by the European Union reference laboratory or national reference laboratory, official laboratories shall take part in inter-laboratory comparative tests organised for the analyses, tests or diagnoses they perform as official laboratories.

3.  Official laboratories shall make available to the public the list of methods used for analyses, tests or diagnoses performed in the context of official controls and other official activities.

Article 38

Audits and inspections of official laboratories

1.  The competent authorities shall organise audits or inspections of the official laboratories they have designated in accordance with Article 36(1):

(a)  on a regular basis;

(b)  any time they consider that an audit or inspection is necessary.

2.  The competent authorities shall immediately withdraw the designation of an official laboratory, either completely or for certain tasks, where it fails to take appropriate and timely remedial action following the results of an audit or an inspection provided for in paragraph 1 which disclose any of the following:

(a)  it no longer complies with the conditions provided for in Article 36(4) and (5);

(b)  it does not comply with the obligations provided for in Article 37;

(c)  it is underperforming at inter-laboratory comparative tests referred to in Article 37(2).

Article 39

Derogations from the condition for the mandatory assessment and accreditation for certain official laboratories [Am. 145]

1.  By derogation from point (e) of Article 36(4), competent authorities may designate the following as official laboratories irrespective of whether they fulfil the condition provided for in that point:

(a)  laboratories:

(i)  whose sole activity is the detection of Trichinella in meat;

(ii)  that only use for the detection of Trichinella the methods referred to in Article 6 of Commission Regulation (EC) No 2075/2005(61);

(iii)  that carry out the detection of Trichinella under the supervision of the competent authorities or of an official laboratory designated in accordance with Article 36(1), and assessed and accredited in accordance with the standard EN ISO/IEC 17025 on ‘General requirements for the competence of testing and calibration laboratories’ for the use of the methods referred to in point (a)(ii) of this paragraph; [Am. 146]

(b)  laboratories carrying out analyses or tests to verify compliance with the rules on plant reproductive material referred to in point (h) of Article 1(2); [Am. 147]

(c)  laboratories which only carry out analyses, tests or diagnoses in the context of other official activities, provided that they:

(i)  only use the methods of laboratory analysis, test and diagnosis referred to in Article 33(1) and points (a), (b) and (c) of Article 33(2);

(ii)  carry out the analyses, tests or diagnoses under the supervision of the competent authorities or of the national reference laboratories for the methods they use;

(iii)  participate regularly in the inter-laboratory comparative tests organised by the national reference laboratories for the methods they use;

(iv)  have a quality assurance system in place to ensure sound and reliable results from the methods for laboratory analysis, test and diagnosis used.

2.  Where the methods used by the laboratories referred to in point (c) of paragraph 1 require confirmation of the result of the laboratory analysis, test or diagnosis, the confirmatory laboratory analysis, test or diagnosis shall be carried out by an official laboratory which complies with the requirements of point (e) of Article 36(4).

3.  The official laboratories designated in accordance with points (a) and (c) of paragraph 1 shall be located in the Member States in whose territory the competent authorities which have designated them are located.

Article 40

Powers to adopt derogations from the condition for the mandatory assessment and accreditation of all the methods of laboratory analysis, test and diagnosis used by official laboratories [Am. 148]

The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning the cases where, and the conditions under which, competent authorities may designate as official laboratories in accordance with Article 36(1) laboratories which do not fulfil the conditions referred to in point (e) of Article 36(4) in relation to all the methods they use, provided that such laboratories comply with the following conditions:

(a)  they operate, are assessed and accredited in accordance with the standard EN ISO/IEC 17025 for the use of one or more methods which are similar to and representative of the other methods they use;

(b)  they make regular and significant use of the methods for which they have obtained the accreditation referred to in point (a).

Article 41

Temporary derogations from the condition for the mandatory assessment and accreditation of official laboratories [Am. 149]

1.  By derogation from point (a) of Article 36(5), the competent authorities may temporarily designate an existing official laboratory as official laboratory in accordance with Article 36(1) for the use of a method of laboratory analysis, test or diagnosis for which it has not obtained the accreditation referred to in point (e) of Article 36(4):

(a)  when the use of that method is newly required by Union rules;

(b)  when changes to a method in use require a new accreditation or an extension of the scope of the accreditation obtained by the official laboratory;

(c)  in cases where the need for the use of the method results from an emergency situation or an emerging risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment; or

(ca)  pending the assessment by, and decision of, the accreditation body. [Am. 150]

2.  The temporary designation referred to in paragraph 1 shall be subject to the following conditions:

(a)  the official laboratory is already accredited in accordance with the standard EN ISO/IEC 17025 for the use of a method which is similar to the one not included within the scope of its accreditation;

(b)  a quality assurance system is in place in the official laboratory to ensure sound and reliable results from the use of the method which is not included within the scope of the existing accreditation;

(c)  the analyses, tests or diagnoses are carried out under the supervision of the competent authorities or the national reference laboratory for that method.

3.  The temporary designation provided for in paragraph 1 shall not exceed a period of one year, and may be renewed once for a further period of one year.

4.  The official laboratories designated in accordance with paragraph 1 of this Article shall be located in the Member States in whose territory the competent authorities which have designated them are located.

Article 41a

Official controls on animals and goods entering the Union shall be organised according to risk, and may take place at border control posts in accordance with Section II of this chapter, with a view to checking compliance with the regulatory provisions specific to certain animals or goods, or at an appropriate place in accordance with Section I of this chapter. [Am. 151]

Chapter V

Official controls on animals and goods entering the Union

Section I

Animals and goods not subject to specific official controls at borders

Article 42

Official controls on animals and goods not subject to specific official controls at borders

1.  The competent authorities shall perform official controls regularly on animals and goods entering the Union to ascertain compliance with the rules referred to in Article 1(2).

On animals and goods to which Article 45 does not apply, those official controls shall be performed with appropriate frequency, taking into account:

(a)  the risks to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, associated with different types of animals and goods;

(aa)  the likelihood of fraudulent practices which might deceive consumer expectation regarding nature, quality and composition of foods and goods; [Am. 152]

(b)  the history of compliance with the requirements established by the rules referred to in Article 1(2) applicable to the animals or goods concerned:

(i)  of the third country and establishment of origin;

(ii)  of the exporter;

(iii)  of the operator responsible for the consignment;

(c)  the controls that have already been performed on the animals and goods concerned;

(d)  the guarantees that the competent authorities of the third country of origin has given with regard to compliance of the animals and goods with the requirements established by the rules referred to in Article 1(2) or with requirements recognised to be at least equivalent thereto.

2.  The official controls provided for in paragraph 1 shall be performed at an appropriate place within the customs territory of the Union, including:

(a)  the point of entry into the Union;

(b)  a border control post;

(c)  the point of release for free circulation in the Union;

(d)  the warehouses and the premises of the operator responsible for the consignment.

3.  The competent authorities at border control posts and other points of entry into the Union shall perform official controls on the following whenever they have reason to believe that their entry into the Union may pose a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment:

(a)  means of transport, including where empty;

(b)  packaging.

4.  The competent authorities may also perform official controls on goods that are placed under one of the customs procedures defined in points (a) to (g) of Article 4(16) of Regulation (EEC) No 2913/92.

Article 43

Types of official controls on animals and goods not subject to specific official controls at borders

1.  The official controls referred to in Article 42(1) shall:

(a)  always include a documentary check;

(b)  include identity and physical checks depending on the risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment.

2.  The competent authorities shall carry out the physical checks referred to in point (b) of paragraph 1 under appropriate conditions allowing investigations to be conducted properly.

3.  Where the documentary, identity and physical checks referred to in paragraph 1 show that animals and goods do not comply with the rules referred to in Article 1(2), Article 64(1), (3), (4) and (5), Articles 65 to 67, Article 69(1) and (2) and Article 70(1) and (2) shall apply.

4.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning the cases where and the conditions under which competent authorities may request operators to notify the arrival of certain goods entering the Union.

Article 44

Samples taken on animals and goods not subject to specific official controls at borders

1.  Where samples on animals and goods are taken, the competent authorities shall:

(a)  inform the customs authorities and the operators concerned;

(b)  decide whether or not the animals or goods can be released before the results of the analysis, test or diagnosis carried out on the samples are available, provided that the traceability of the animals or goods is ensured.

2.  The Commission shall, by means of implementing acts:

(a)  establish the mechanisms necessary to ensure the traceability of the animals or goods referred to in point (b) of paragraph 1;

(b)  identify the documents that must accompany the animals or goods referred to in paragraph 1 when samples have been taken by the competent authorities.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Section II

Official controls at border Control Posts on animals and goods

Article 45

Animals and goods subject to official controls at border control posts

1.  To ascertain compliance with the rules referred to in Article 1(2), the competent authorities shall perform official controls, at the border control post of first arrival to the Union, on each consignment of the following categories of animals and goods entering the Union from third countries:

(a)  animals;

(b)  products of animal origin, foods that contain products of animal origin, germinal products and animal by-products; [Am. 153]

(c)  plants, plant products, and other objects and materials capable of harbouring or spreading pests of plants as referred to in the lists established pursuant to Articles 68(1) and 69(1) of Regulation (EU) No …/….(62);

(d)  goods originating from certain third countries for which the Commission has decided, by means of implementing acts provided for in point (b) of paragraph 2, that a measure requiring a temporary increase of official controls at their entry into the Union is necessary due to a known or emerging risk or because there is evidence that widespread serious non-compliance with the rules referred to in Article 1(2) might be taking place;

(e)  animals and goods which are subject to an emergency measure provided for in acts adopted in accordance with Article 53 of Regulation (EC) No 178/2002, Article 249 of Regulation (EU) No …/….(63), or Articles 27(1), 29(1), 40(2), 41(2), 47(1), 49(2) and 50(2) of Regulation (EU) No …/….(64)+ requiring consignments of those animals or goods, identified by means of their codes from the Combined Nomenclature, to be subject to official controls at their entry into the Union;

(f)  animals and goods in relation to whose entry into the Union conditions or measures have been established by acts adopted in accordance with Articles 125 or 127 respectively, or with the rules referred to in Article 1(2), which require that compliance with those conditions or measures be ascertained at the entry of the animals or goods into the Union.

2.  The Commission shall, by means of implementing acts:

(a)  establish lists detailing the animals and goods belonging to the categories referred to in points (a) and (b) of paragraph 1, indicating their codes from the Combined Nomenclature;

(b)  establish the list of goods belonging to the category referred to in point (d) of paragraph 1, indicating their codes from the Combined Nomenclature, and update it as necessary in relation to the risks referred to in that point.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning amendments of the categories of consignments referred to in paragraph 1, to include other products which may give rise to risks to human, animal or plant health or, as regards GMOs and plant protection products, to the environment.

4.  Unless otherwise provided by the acts establishing the measures or conditions referred to in points (d), (e) and (f) of paragraph 1, this Article shall also apply to consignments of the categories of animals and goods referred to in points (a), (b) and (c) of paragraph 1 when they are of a non-commercial nature.

Article 46

Animals and goods exempted from official controls at border control posts

The Commission shall be empowered to adopt delegated acts in accordance with Article 139, concerning rules establishing the cases where and the conditions under which the following categories of animals and goods are exempted from Article 45:

(a)  goods sent as commercial or trade samples or as display items for exhibitions, which are not intended to be placed on the market; [Am. 154]

(b)  animals and goods intended for scientific purposes; [Am. 155]

(c)  goods that are on board means of transport operating internationally which are not unloaded and are intended for consumption by the crew and passengers;

(d)  goods which form part of passengers personal luggage and are intended for personal consumption;

(e)  small consignments of goods sent to natural persons which are not intended to be placed on the market;

(f)  pet animals as defined in point (10) of Article 4(1) of Regulation (EU) No XXX/XXXX [number of the Regulation on animal health]; [Am. 156]

(g)  goods which have undergone heat treatment and do not exceed quantities to be defined in those delegated acts;

(h)  any other category of animals or goods for which controls at border control posts are not necessary given the risks they pose.

Article 47

Official controls at border control posts

1.  The competent authorities shall perform official controls on the consignments of the categories of animals and goods referred to in Article 45(1) upon arrival of the consignment at the border control post. Those official controls shall include documentary, identity and physical checks.

2.  All consignments of the categories of animals and goods referred to in Article 45(1) shall be subject to documentary and identity checks.

3.  Physical checks shall be performed on consignments of the categories of animals and goods referred to in Article 45(1) at a frequency dependent on the risk posed by each animal, good or category of animals or goods to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment.

4.  Physical checks to verify compliance with animal health and welfare requirements or with plant health requirements laid down in the rules referred to in Article 1(2) shall be performed by, or under the supervision of, staff possessing appropriate qualifications in veterinary or phytosanitary matters respectively, designated by the competent authorities for that purpose.

Where such checks are performed on animals or on products of animal origin, they shall be carried out by an official veterinarian or under his supervision, who may be assisted by specially trained support staff whilst retaining responsibility for the checks carried out. [Am. 157]

5.  The competent authorities at border control posts shall systematically perform official controls on consignments of animals being transported and on means of transport to verify compliance with the animal welfare requirements laid down in the rules referred to in Article 1(2). Arrangements shall be put in place by competent authorities to give priority to official controls on animals being transported and to reduce delays on such controls.

6.  The Commission may, by means of implementing acts establish the modalities of presentation of consignments of the categories of goods referred to in Article 45(1), the sub-entities which can constitute an individual consignment and the maximum number of such sub-entities in each consignment, taking into account the need to guarantee the rapid and efficient handling of the consignments and the official controls to be performed by the competent authorities.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 48

Certificates and documents accompanying consignments and split consignments

1.  The original official certificates or documents, or electronic equivalents, which are required by the rules referred to in Article 1(2) to accompany consignments of the categories of animals and goods referred in Article 45(1) shall be presented to, and kept by, the competent authorities of the border control post.

2.  The competent authorities of the border control post shall issue the operator responsible for the consignment with an authenticated paper or electronic copy of the official certificates or documents referred to in paragraph 1 or, if the consignment is split, with individually authenticated paper or electronic copies of such certificates or documents.

3.  Consignments shall not be split until official controls have been performed and the Common Health Entry Document (CHED) referred to in Article 54 has been finalised in accordance with Articles 54(4) and 55(1).

Article 49

Specific rules for official controls at border control posts

The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules to establish:

(a)  the cases where and the conditions under which the competent authorities of a border control post may authorise the onward transportation of consignments of the categories of animals and goods referred to in Article 45(1) to the place of final destination pending the availability of the results of physical checks, where such checks are required;

(b)  the time limits and modalities for carrying out documentary, identity and physical checks on transhipped consignments of the categories of goods referred to in Article 45(1);

(c)  the cases where and the conditions under which identity and physical checks of transhipped consignments and of animals arriving by air or sea and staying on the same means of transport for onward travel may be performed at a border control post other than the one of first arrival into the Union;

(d)  the cases where and the conditions under which the transit of consignments of the categories of animals and goods referred to in Article 45(1) may be authorised and the specific official controls to be performed at border control posts on such consignments, including the cases and conditions for their storage in specially approved free or customs warehouses.

Article 50

Details of documentary, identity and physical checks

For the purposes of ensuring the uniform implementation of the rules laid down in Articles 47, 48 and 49, the Commission shall by means of implementing acts, lay down the details of the operations to be carried out during and after the documentary, identity and physical checks referred to in those rules to ensure the efficient performance of those official controls. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 51

Official controls not performed at border control posts of first arrival

1.  Competent authorities may perform the identity and physical checks of the animals and goods entering the Union from third countries referred to in Article 45(1) at control points other than border control posts, provided that those control points comply with the requirements provided for in Article 62(3) and in the implementing acts adopted in accordance with Article 62(4). [Am. 158]

The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules establishing the cases where and the conditions under which:

(a)  identity and physical checks on consignments of the categories of animals and goods referred to in Article 45(1) may be performed by competent authorities at control points other than border control posts provided that those control points comply with the requirements provided for in Article 62(3) and in the implementing acts adopted in accordance with Article 62(4); [Am. 159]

(b)  physical checks on consignments which have undergone documentary and identity checks at a border control post of first arrival may be performed at another border control post in a different Member State;

(c)  specific control tasks relating to the following may be attributed by competent authorities to customs authorities or other public authorities:

(i)  consignments referred to in Article 63(2);

(ii)  passengers personal luggage;

(iii)  goods ordered by small consignments sent to private individuals or acquired at a distance selling by telephone, post or internet; [Am. 160]

(iiia)  pet animals which meet the conditions laid down in Article 5 of Regulation (EU) No 576/2013 of the European Parliament and of the Council(65). [Am. 161]

2.  Point (b) of Article 54(2), point (a) of Article 55(2) and Article 57 and 58, Articles 60 and 61, and Article 62(3) and (4), shall apply to the control points referred to in point (a) of paragraph 1.

Article 52

Frequency of identity and physical checks

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules establishing the categories of animals and goods and the conditions under which, by derogation from Article 47(2) and account taken of the reduced risk, identity checks on consignments of animals and goods referred to in Article 45(1) shall be:

(a)  performed at a reduced frequency;

(b)  limited to the verification of a consignment's official seal, where any such seal is present.

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules establishing:

(a)  the criteria and the procedures for determining and modifying the minimum frequency rates of physical checks to be performed on consignments of the categories of animals and goods referred to in points (a), (b) and (c) of Article 45(1) and to adjust them to the level of risk associated with those categories, having regard to: [Am. 162]

(i)  information collected by the Commission in accordance with Article 124(1);

(ii)  the outcome of controls performed by Commission experts in accordance with Article 115(1);

(iii)  operators' past record as regards compliance with the rules referred to in Article 1(2);

(iv)  data and information collected via the information management system referred to in Article 130;

(v)  available scientific assessments; and,

(vi)  any other information regarding the risk associated to the categories of animals and goods;

(b)  the conditions under which Member States may increase the frequency rates of physical checks established in accordance with point (a) so as to take account of local risk factors;

(c)  the procedures for ensuring that the minimum frequency rates of physical checks established in accordance with point (a) are applied in a timely and uniform manner. [Am. 163]

3.  The Commission shall, by means of implementing acts, lay down rules establishing:

(a)  the minimum frequency of physical checks for the categories of goods referred to in point (d) of Article 45(1); [Am. 164]

(b)  the minimum frequency of physical checks for the categories of animals and goods referred to in points (e) and (f) of Article 45(1) as long as this is not already provided for in the acts referred to therein. [Am. 165]

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 53

Decisions on consignments

1.  A decision shall be taken by the competent authorities on each consignment of the categories of animals and goods referred to in Article 45(1) following the performance of official controls, indicating whether the consignment is in compliance with the rules referred to in Article 1(2) and, where relevant, the applicable customs procedure.

2.  Decisions taken following a physical check to verify compliance with animal health and welfare requirements or with plant health requirements shall be taken by staff possessing appropriate qualifications in veterinary or phytosanitary matters respectively, and designated by the competent authorities for that purpose.

Decisions on consignments of animals and products of animal origin shall be taken by an official veterinarian or under his supervision who may be assisted by specially trained support staff whilst retaining responsibility for the checks carried out. [Am. 166]

2a.  Decisions on consignments of animals and products of animal origin shall be recorded in the CHED. [Am. 167]

Article 54

Use of the Common Health Entry Document by the operator and by the competent authorities

1.  For each consignment of the categories of animals and goods referred to in Article 45(1) the operator responsible for the consignment shall complete a CHED, providing the information necessary for the immediate and complete identification of the consignment and its destination.

2.  The CHED shall be used:

(a)  by the operators responsible for consignments of the categories of animals and goods referred to in Article 45(1) in order to give prior notification to the competent authorities of the border control post of the arrival of those consignments;

(b)  by the competent authorities of the border control post, in order to:

(i)  record the outcome of the official controls performed and any decisions taken on that basis, including the decision to reject a consignment;

(ii)  communicate the information referred to in point (i) through or in electronic exchange with the TRACES system. [Am. 168]

2a.  The operators and competent authorities referred to in paragraph 2 may also use a national information system to feed data into the TRACES system. [Am. 169]

3.  Operators shall give prior notification in accordance with point (a) of paragraph 2 by completing and submitting the relevant part of the CHED into the TRACES system for transmission to the competent authorities of the border control post prior to the physical arrival of the consignment into the Union.

4.  The competent authorities of the border control post shall finalise the CHED record the decision on the consignment in the Common Health Entry Document as soon as: all official controls required by Article 47(1) have been performed.

(a)  all official controls required by Article 47(1) have been performed;

(b)  the results from physical checks, where such checks are required, are available;

(c)  a decision on the consignment has been taken in accordance with Article 53 and recorded on the CHED. [Am. 170]

Article 55

Use of the Common Health Entry Document by customs authorities

1.  The placing of consignments of the categories of animals and goods referred to in Article 45(1) under supervision or control by the customs authorities, including the entry or handling in free zones or customs warehouses, shall be subject to the presentation by the operator to the custom authorities of the CHED, or its electronic equivalent, duly finalised in the TRACES system by the competent authorities of the border control post.

2.  Customs authorities shall:

(a)  not allow the placing of the consignment under a customs procedure different from the one indicated by the competent authorities of the border control post;

(b)  only allow the release for free circulation of a consignment upon presentation of a duly finalised CHED which confirms that the consignment is in compliance with the rules referred to in Article 1(2).

3.  Where a customs declaration is made for a consignment of the categories of animals or goods referred to in Article 45(1) and the CHED is not presented, the customs authorities shall detain the consignment and immediately notify the competent authorities of the border control post. The competent authorities shall take the necessary measures in accordance with Article 64(5).

Article 56

Format, time requirements and specific rules for the use of the Common Health Entry Document

1.  The Commission shall, by means of implementing acts, lay down rules establishing:

(a)  the format of the CHED and the instructions for its presentation and use;

(b)  the minimum time requirements for prior notification of consignments by operators as provided for in point (a) of Article 54(2) in order to enable the competent authorities of the border control post to perform official controls in a timely and effective manner.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules establishing the cases where and the conditions under which the CHED is required to accompany consignments of the categories of animals and goods referred to in Article 45(1) to the place of destination. A copy of the CHED shall in any case accompany consignments of the categories of animals and goods referred to in Article 45(1) to the place of destination. [Am. 171]

Article 57

Designation of border control posts

1.  Member States shall designate border control posts for the purpose of performing official controls on one or more of the categories of animals and goods referred to in Article 45(1).

2.  Member States shall notify the Commission at least three months before designating a border control post. That notification shall include all the information necessary for the Commission to verify that the proposed border control post complies with the minimum requirements laid down in Article 62.

3.  Within three months of receiving the notification referred to in paragraph 2, the Commission shall inform the Member State:

(a)  whether the designation of the proposed border control post is dependent upon the favourable outcome of a control performed by Commission experts in accordance with Article 115 in order to verify compliance with the minimum requirements laid down in Article 62;

(b)  of the date of such a control.

4.  The Member State shall delay designating the border control post until the favourable outcome of the control has been communicated to it by the Commission.

Article 58

Listing of border control posts

1.  Each Member State shall make available on the internet up-to-date lists of border control posts on its territory, providing the following information for each border control post:

(a)  its contact details and opening hours;

(b)  its exact location and whether it is a port, airport, rail or road entry point;

(c)  the categories of animals and goods referred to in Article 45(1) which are included in the scope of its designation;

(d)  the equipment and premises available for performing official controls on each of the categories of animals and goods for which it is designated;

(e)  the volume of the animals and goods handled per calendar year for each of the categories of animals and goods referred to in Article 45(1) for which it is designated.

2.  The Commission shall, by means of implementing acts, establish the format, categories, abbreviations for designations and other information to be used by Member States in the lists of border control posts.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 59

Withdrawal of approvals for, and re-designation of, existing border control entities

1.  The approval of border inspection posts in accordance with Article 6 of Directive 97/78/EC and Article 6 of Directive 91/496/EEC and the designation of points of entry in accordance with Article 5 of Regulation (EC) No 669/2009 and with Article 13(c)(4) of Directive 2000/29/EC shall be withdrawn.

2.  Member States may re-designate border inspection posts, designated points of entry and points of entry referred to in paragraph 1 as border control posts in accordance with Article 57(1) provided that the minimum requirements referred to in Article 62 are complied with.

3.  Article 57(2) and (3) shall not apply to the re-designation referred to in paragraph 2.

Article 60

Withdrawal of the designation of border control posts

1.  Where border control posts cease to comply with the requirements referred to in Article 62, the Member States shall:

(a)  withdraw the designation provided for in Article 57(1) for all or for certain categories of animals and goods for which the designation was made;

(b)  remove them from the lists referred to in Article 58(1), for the categories of animals and goods for which the designation is withdrawn.

2.  Member States shall inform the Commission and the other Member States of the withdrawal of the designation of a border control post as provided for in paragraph 1 and of the reasons for such withdrawal.

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning the cases where, and the procedures by which, border control posts whose designation has only been partially withdrawn in accordance with point (a) of paragraph 1 may be re-designated by derogation from Article 57.

Article 61

Suspension of the designation of border control posts

1.  A Member State shall immediately suspend the designation of a border control post and order its activities to be stopped, for all or for certain categories of animals and goods for which the designation was made, in cases where such activities may result in a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products or to the environment. [Am. 172]

2.  Member States shall immediately inform the Commission and the other Member States of any suspension of the designation of a border control post and the reasons for such a suspension.

3.  Member States shall indicate the suspension of the designation of a border control post in the lists referred to in Article 58(1).

4.  Member States shall remove the suspension provided for in paragraph 1 as soon as:

(a)  the competent authorities are satisfied that the risk referred to in paragraph 1 no longer exists;

(b)  they have communicated to the Commission and to the other Member States the information on the basis of which the suspension is removed.

5.  The Commission may, by means of implementing acts, establish procedures for the exchanges of information and communications referred to in paragraph 2 and in point (b) of paragraph 4.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 62

Minimum requirements for border control posts

1.  Border control posts shall be located in the immediate vicinity of the point of entry into the Union and in a place that is suitably equipped to be designated by the customs authorities, in accordance with Article 38(1) of Regulation (EEC) No 2913/92. [Am. 173]

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning the cases where and conditions under which a border control post can be situated at a certain distance from the point of entry into the Union given specific geographical constraints.

3.  Border control posts shall have:

(a)  a sufficient number of suitably qualified staff;

(b)  premises appropriate for the nature and volume of the categories of animals and goods handled;

(c)  equipment and premises to allow the performance of official controls for each of the categories of animals and goods for which the border control post has been designated;

(d)  arrangements in place to guarantee, as appropriate, access to any other equipment, premise and service necessary to apply the measures taken in accordance with Articles 63, 64 and 65 in cases of suspicion, non-compliant consignments or consignments presenting a risk;

(e)  contingency arrangements to ensure the smooth operation of official controls and the effective application of the measures taken in accordance with Articles 63, 64 and 65 in cases of unforeseeable and unexpected conditions or events;

(f)  the technology and equipment necessary for the efficient operation of the TRACES system and, as appropriate, of other computerised information management systems necessary for the handling and exchange of data and information;

(g)  access to the services of official laboratories capable of providing analytical, testing and diagnostic results within appropriate deadlines and equipped with the information technology tools necessary to ensure the introduction of the results of analyses, tests or diagnoses carried out into the TRACES system as appropriate;

(h)  appropriate arrangements for the proper handling of different categories of animals and goods and to prevent risks which may result from cross-contamination;

(i)  arrangements to comply with relevant biosecurity standards in order to prevent the spread of diseases into the Union.

4.  The Commission may, by means of implementing acts, detail the requirements laid down in paragraph 3 to take into account specific features and logistic needs related to the performance of official controls and to the application of the measures taken in accordance with Article 64(3) and (5) and Article 65 in relation to the different categories of animals and goods referred to in Article 45(1).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Section III

Action in case of suspicion of non-compliance and of non-compliance of animals and goods from third countries

Article 63

Suspicion of non-compliance and intensified official controls

1.  In case of suspicion of non-compliance of consignments of the categories of animals and goods referred to in Article 45(1) with the rules referred to in Article 1(2), the competent authorities shall perform official controls or delegate the responsibility to other competent authorities in order to confirm or to eliminate that suspicion. [Am. 174]

2.  Consignments of animals and goods which are not declared by operators to consist of the categories of animals and goods referred to in Article 45(1), shall be subject to official controls by the competent authorities where there is reason to believe that such categories of animals or goods are present in the consignment.

3.  The competent authorities shall place the consignments referred to in paragraphs 1 and 2 under official detention until they obtain the results of the official controls provided for in those paragraphs.

Where appropriate, those consignments shall be isolated or quarantined and animals shall be sheltered, fed, watered and treated pending the results of the official controls.

4.  Where the competent authorities have reasons to suspect fraudulent behaviour by an operator or official controls give grounds to believe that the rules referred to in Article 1(2) have been seriously or repeatedly infringed, they shall, where appropriate, and in addition to the measures provided for in Article 64(3), intensify official controls on consignments with the same origin or use as appropriate. [Am. 175]

5.  The competent authorities shall notify the Commission and the Member States through the TRACES system of their decision to perform intensified official controls, as provided for in paragraph 4, indicating the purported fraudulent behaviour or serious or repeated infringement.

6.  The Commission shall, by means of implementing acts, establish procedures for the coordinated performance by competent authorities of the intensified official controls referred to in paragraphs 4 and 5.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 64

Measures to be taken in cases of non-compliant consignments entering the Union from third countries

1.  The competent authorities shall place under official detention any consignment of animals or goods entering the Union from third countries which does not comply with the rules referred to in Article 1(2) When the competent authority ascertains as a result of the official controls performed at the border control posts in accordance with Article 45, that consignments of animals and goods do not comply with the requirements under Article 1(2), it shall issue a report or a decision: ‘Non-compliant consignment’ or ‘Negative control’ which shall be recorded in the CHED. Furthermore the competent authorities shall officially detain said consignment of animals or goods and refuse its entry into the Union. [Am. 176]

As appropriate, any such consignment or part thereof shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision. The special needs of other goods shall also be borne in mind. [Am. 177]

2.  The Commission shall, by means of implementing acts, lay down the modalities for the isolation and quarantine provided for in the second subparagraph of paragraph 1.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

3.  Having, where possible, heard The competent authorities shall hear the operator responsible for the consignment the competent authorities. The competent authority may omit this if an immediate decision is necessary either because a delay would be dangerous or such a decision in the public interest. It shall, without delay, order that the operator: [Am. 178]

(a)  destroy the consignment or part thereof, humanely in the case of live animals, in compliance, where appropriate, with the rules referred to in Article 1(2); or [Am. 179]

(b)  re-dispatch the consignment or part thereof outside the Union in accordance with Article 70(1) and (2); or [Am. 180]

(c)  subject the consignment or part thereof to special treatment in accordance with Article 69(1) and (2) or to any other measure necessary to ensure compliance with the rules referred to in Article 1(2), and, where appropriate, destines the consignment for purposes other than those for which it was originally intended. [Am. 181]

4.  The competent authorities shall immediately notify any decision to refuse entry of a consignment as provided for in paragraph 1 and any order issued pursuant to paragraphs 3 and 5 and Article 65 to:

(a)  the Commission;

(b)  the competent authorities of the other Member States;

(c)  the customs authorities;

(d)  the competent authorities of the third country of origin;

(e)  the operator responsible for the consignment.

That notification shall be performed via the computerised information management system referred to in Article 130(1).

5.  If a consignment of the categories of animals or goods referred to in Article 45(1) is not presented for the official controls referred to in that Article, or is not presented in accordance with the requirements laid down in Articles 48(1) and (3) and 54(1), (2) and (3), or with the rules adopted pursuant to Article 46, Article 47(6), Article 49, Article 51(1) and Article 56, the competent authorities shall order that it be retained or recalled, and placed under official detention without delay.

Paragraphs 1, 3 and 4 of this Article shall apply to such consignments.

Article 65

Measures to be taken on animals or goods entering the Union in cases of an attempt to bring non-compliant consignments into the Union from third countries presenting a risk [Am. 182]

Where official controls indicate that a consignment of animals or goods presents a risk to human, or animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, such consignment shall be isolated or quarantined and animals belonging to it shall be kept and treated under appropriate conditions pending any further decision. [Am. 183]

The competent authorities shall retain the consignment in question under official detention and shall, without delay:

(a)  order that the operator destroy the consignment, humanely in the case of live animals, in compliance, where appropriate, with the rules referred to in Article 1(2), taking all the measures necessary to protect human, animal or plant health, animal welfare or the environment; or [Am. 184]

(b)  subject the consignment to special treatment in accordance with Article 69(1) and (2).

Article 66

Follow up of decisions taken in relation to non-compliant consignments entering the Union from third countries

1.  The competent authorities shall:

(a)  invalidate the official certificates and other documents accompanying consignments which have been subject to measures pursuant to Article 64(3) and (5) and Article 65;

(b)  cooperate in accordance with Title IV to take any further measures necessary to ensure that it is not possible to reintroduce consignments into the Union which have been refused entry in accordance with Article 64(1).

2.  The competent authorities in the Member State where the official controls were performed shall supervise the application of the measures ordered pursuant to Article 64(3) and (5) and Article 65 to ensure that the consignment does not give rise to adverse effects on human, or animal or plant health, animal welfare, or the environment, during or pending the application of those measures. [Am. 185]

Where appropriate, such application shall be completed under the supervision of the competent authorities of another Member State.

Article 67

Failure by the operator to apply the measures ordered by the competent authorities

1.  The operator shall carry out all the measures ordered by the competent authorities in accordance with Article 64 (3) and (5) and 65 without delay and, at the latest, in the case of products, within 60 days from the day on which the competent authorities notified the operator of their decision in accordance with Article 64(4). [Am. 186]

2.  If, after the expiry of the 60-day period no action has been taken by the operator, the competent authorities shall order:

(a)  that the consignment be destroyed or subject to any other appropriate measure;

(b)  in the cases referred to in Article 65, that the consignment be destroyed in suitable facilities located as close as possible to the border control post, taking all measures necessary to protect human, animal or plant health, animal welfare or the environment.

3.  The competent authorities may extend the period referred to in paragraphs 1 and 2 of this Article for the time necessary to obtain the results of the second expert opinion referred to in Article 34, provided that this is without adverse effects to human, animal and plant health, animal welfare and, as regards GMOs and plant protection products, to the environment.

Article 68

Consistency of application of Articles 64 and 65

The Commission shall, by means of implementing acts, lay down rules to ensure consistency across all border control posts referred to in Article 57(1) and control points referred to in in point (a) of Article 51(1) of decisions and measures taken and orders issued by the competent authorities pursuant to Articles 64 and 65, in the form of instructions to be followed by the competent authorities when responding to common or recurring situations of non-compliance or risk.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 69

Special treatment of consignments

1.  The special treatment of consignments provided for in point (c) of Article 64(3) and point (b) of Article 65 may, as appropriate, include:

(a)  treatment or processing, including decontamination, where appropriate, but excluding dilution, so that the consignment complies with the requirements of the rules referred to in Article 1(2), or with the requirements of a third country of re-dispatch;

(b)  treatment in any other manner suitable for safe animal or human consumption or for purposes other than animal or human consumption.

2.  The special treatment provided for in paragraph 1 shall:

(a)  be carried out effectively and ensure the elimination of any risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment;

(b)  be documented and carried out under the control of the competent authorities;

(c)  comply with the requirements laid down in the rules referred to in Article 1(2).

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning the requirements and the conditions in accordance with which the special treatment provided for in paragraph 1 shall take place.

In the absence of rules adopted by delegated act, such special treatment shall take place in accordance with national rules.

Article 70

Re-dispatch of consignments

1.  The competent authorities shall allow the re-dispatch of consignments subject to compliance with the following conditions:

(a)  the destination has been agreed with the operator responsible for the consignment;

(b)  the operator responsible for the consignment has first informed the competent authorities of the third country of origin or third country of destination, if different, of the reasons and circumstances for the refusal of the entry into the Union of the consignment of animals or goods concerned;

(c)  where the third country of destination is not the third country of origin, the competent authorities of the third country of destination have notified the competent authorities of the Member State that they are prepared to accept the consignment;

(d)  in the case of consignments of animals the re-dispatch is in compliance with animal welfare requirements.

2.  The conditions of points (b) and (c) of paragraph 1 shall not apply to consignments of the categories of goods referred to in point (c) of Article 45(1).

3.  The Commission shall, by means of implementing acts, specify the procedures for the information exchanges and notifications referred to in paragraph 1.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

3a.  Member States receiving imports which have been authorised by pre-export-controls shall regularly check if the imports actually comply with Union requirements. [Am. 187]

Article 71

Approval of pre-export controls performed by third countries

1.  The Commission may, by means of implementing acts, approve specific pre-export controls that a third country carries out on consignments of animals and goods prior to export to the Union with a view to verifying that the exported consignments satisfy the requirements of the rules referred to in Article 1(2). The approval shall only apply to consignments originating in the third country concerned and may be granted for one or more categories of animals or goods.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

2.  The approval provided for in paragraph 1 shall specify:

(a)  the maximum frequency of official controls to be performed by the competent authorities of Member States at the entry of the consignments into the Union, where there is no reason to suspect non-compliance with the rules referred to in Article 1(2) or fraudulent behaviour;

(b)  the official certificates that must accompany consignments entering the Union;

(c)  a model for such certificates;

(d)  the competent authorities of the third country under the responsibility of which pre-export controls must be performed;

(e)  where appropriate, any delegated body to which those competent authorities may delegate certain tasks. Such delegation may only be approved if it meets the criteria of Articles 25 to 32 or equivalent conditions.

3.  The approval provided for in paragraph 1 may only be granted to a third country if the evidence available and, where appropriate, a Commission control performed in accordance with Article 119, demonstrate that the system of official controls in that third country can ensure that:

(a)  the consignments of the animals or goods exported to the Union meet the requirements of the rules referred to in Article 1(2), or equivalent requirements;

(b)  the controls performed in the third country prior to dispatch to the Union are sufficiently effective to replace or reduce the frequency of the documentary, identity and physical checks laid down in the rules referred to in Article 1(2).

4.  The competent authorities or a delegated body specified in the approval shall:

(a)  be responsible for contacts with the Union;

(b)  ensure that the official certificates referred to in point (b) of paragraph 2 accompany each consignment controlled.

5.  The Commission shall by means of implementing acts establish detailed rules and criteria for approving pre-export controls performed by third countries in accordance with paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 72

Non-compliance with, and withdrawal of, the approval of pre-export controls performed by third countries

1.  When official controls on consignments of categories of animal and goods in respect of which specific pre-export controls have been approved in accordance with Article 71(1) reveal serious and recurrent non-compliances with the rules referred to in Article 1(2), Member States shall immediately:

(a)  notify the Commission and the other Member States and operators concerned via the TRACES system, including the measures to be applied, in addition to seeking administrative assistance in accordance with the procedures established in Title IV; [Am. 188]

(b)  increase the number of official controls on consignments from the relevant third country and, where necessary to allow a proper analytical examination of the situation, detain a reasonable number of samples under appropriate storage conditions.

2.  The Commission may, by means of implementing acts, withdraw the approval provided for in Article 71(1) where, following the official controls referred to in paragraph 1, it appears that the requirements laid down in Article 71(3) and (4) are no longer being met.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141 (2).

Article 73

Cooperation amongst authorities in relation to consignments entering the Union from third countries

1.  Competent authorities, customs authorities and other authorities of the Member States shall cooperate closely to ensure that the official controls performed on consignments of animals and goods entering the Union are performed in accordance with the requirements of this Regulation.

For that purpose, competent authorities, customs authorities and other authorities shall:

(a)  guarantee reciprocal access to information which is relevant for the organisation and conduct of their respective activities in relation to animals and goods entering the Union;

(b)  ensure the timely exchange of such information, including via electronic means.

1a.  The customs authorities shall only release those consignments of animals and goods under Article 45 in respect of which the competent authority at the border control post has carried out the official controls provided for in Article 47 and issued a decision recorded in the CHED. [Am. 189]

2.  The Commission shall, by means of implementing acts, adopt uniform rules on the cooperation arrangements that competent authorities, customs authorities and other authorities referred to in paragraph 1 are required to put in place to ensure:

(a)  access by competent authorities to the information necessary for the immediate and complete identification of the consignments of animals and goods entering the Union that are subject to official controls at a border control post in accordance with Article 45(1);

(b)  the reciprocal update, through exchanges of information or synchronisation of relevant data sets, of information gathered by competent authorities, customs authorities and other authorities on consignments of animals and goods entering the Union;

(c)  the swift communication of decisions taken by such authorities on the basis of the information referred to in points (a) and (b).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Article 74

Cooperation amongst authorities in relation to consignments not subject to specific controls at borders

1.  In the case of consignments of animals and goods other than those subject to controls at entry into the Union as required by Article 45(1) and for which a customs declaration for release for free circulation has been made in accordance with Article 4(17) and Articles 59 to 83 of Regulation (EC) No 2913/92, paragraphs 2, 3 and 4 shall apply.

2.  Customs authorities shall suspend release for free circulation when they have reason to believe that the consignment may present a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment and immediately notify the competent authorities of such suspension.

3.  A consignment whose release for free circulation has been suspended pursuant to paragraph 2 shall be released if, within three working days of the suspension of release, the competent authorities have not requested customs authorities to continue the suspension or have informed customs authorities that no risk is present.

4.  Where the competent authorities consider that a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, is present:

(a)  they shall instruct the customs authorities not to release the consignment for free circulation and to include the following statement on the commercial invoice accompanying the consignment and on any other relevant accompanying document:"

'Product presents a risk — release for free circulation not authorised — Regulation (EU) No …/….(66)';

"

(b)  no other customs procedure shall be permitted without the consent of the competent authorities;

(c)  Article 64(1), (3), (4) and (5), Articles 65 to 67, Article 69(1) and (2) and Article 70(1) and (2) shall apply.

5.  In the case of consignments of animals and goods other than those subject to controls at entry into the Union as required by Article 45(1) and for which no customs declaration for release for free circulation has been made, customs authorities, where they have reason to believe that the consignment may present a risk to human, animal or plant health, animal welfare or, as regards GMOs and plant protection products, to the environment, shall transmit all relevant information to the customs authorities in the Member States of final destination.

Article 75

Rules for specific official controls and for measures to be taken following the performance of such controls

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning rules for the performance of specific official controls and for the adoption of measures in cases of non-compliance, to account for the specificities of the following categories of animals and goods or their transport modalities and means:

(a)  consignments of fresh fishery products directly landed in ports designated by Member States in accordance with Article 5(1) of Council Regulation (EC) No 1005/2008(67) from a fishing vessel flying a third country flag;

(b)  consignments of unskinned, furred wild game;

(c)  consignments of the categories of goods referred to in point (b) of Article 45(1) which are delivered, with or without storage in a specially approved free or customs warehouse, to vessels leaving the Union and intended for ship supply or consumption by the crew and passengers;

(d)  wood packaging material; [Am. 190]

(e)  feed and food accompanying animals and intended for the feeding of those animals;

(f)  animals and goods ordered by distance selling and delivered from a third country to an address in the Union, and the notification requirements necessary to allow the proper performance of official controls;

(g)  plant products which, on account of their subsequent destination, may give rise to the risk of spreading infectious or contagious animal diseases;

(h)  consignments of the categories of animals and goods referred to in points (a), (b) and (c) of Article 45(1) originating from, and returning to, the Union following a refusal of entry by a third country;

(i)  goods entering the Union in bulk from a third country, irrespective of whether they all originate from that third country;

(j)  consignments of goods referred to in Article 45(1) coming from the territory of Croatia and transiting through the territory of Bosnia and Herzegovina at Neum (‘Neum corridor’) before re-entering the territory of Croatia via the points of entry at Klek or Zaton Doli;

(k)  animals and goods exempted from the provisions of Article 45 in accordance with Article 46.

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 139 concerning the conditions for monitoring the transport and arrival of consignments of certain animals and goods, from the border control post of arrival to the establishment at the place of destination in the Union or the border control post of exit.

3.  The Commission may, by means of implementing acts, lay down rules concerning:

(a)  model official certificates and rules for the issuance of such certificates;

(b)  the format of documents that must accompany the categories of animals or goods referred to in paragraph 1.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 141(2).

Chapter VI

Financing of official controls and other official activities

Article 76

General rules

1.  Member States shall ensure that adequate financial resources are available to provide the staff and other resources necessary for the competent authorities to perform official controls and other official activities. With that aim in view they shall collect fees or contributions to the costs or make resources available from general tax revenue.

2.  In addition to the fees collected in accordance with Article 77, Member States may collect fees to cover costs occasioned by official controls other than those referred to in Article 77(1) and (2).

3.  This Chapter also applies in the case of delegation of specific official control tasks in accordance with Article 25.

4.  Member States shall consult the operators concerned on the methods used to calculate the fees or contributions to the costs. [Am. 191]

Article 77

Mandatory fees or contributions to the costs

1.  For the purpose of ensuring that competent authorities are provided with adequate resources for the performance of official controls, the competent authorities shall may collect fees or contributions to the costs to recover, some or all of the costs they incur in relation to:

(a)  official controls performed to verify that the following operators comply with the rules referred to in Article 1(2):

(i)  food business operators as defined in Article 3(3) of Regulation (EC) No 178/2002 that are either registered or approved, or registered and approved, in accordance with Article 6 of Regulation (EC) No 852/2004;

(ii)  feed business operators as defined in Article 3(6) of Regulation (EC) No 178/2002 registered or approved in accordance with Articles 9 and 10 of Regulation (EC) No 183/2005 of the European Parliament and of the Council (68);

(iii)  professional operators as defined in point (7) of Article 2 of Regulation (EU) No …/….(69);

(iv)  professional operators as defined in point (6) of Article 3 of Regulation (EU) No XXX/XXXX [number of the Regulation on the production and making available on the market of plant reproductive material];

(b)  the official controls performed in view of the issuance of official certificates or to supervise the issuance of official attestations;

(c)  official controls performed to verify that the conditions are met:

(i)  to obtain and maintain the approval provided for in Article 6 of Regulation (EC) No 852/2004 or in Articles 9 and 10 of Regulation (EC) No 183/2005;

(ii)  to obtain and maintain the authorisation referred to in Articles 84, 92 and 93 of Regulation (EU) No …/….(70);

(iii)  to obtain and maintain the authorisation referred to in Article 25 of Regulation (EU) No XXX/XXXX [number of the Regulation on the production and making available on the market of plant reproductive material];

(d)  official controls performed by the competent authorities at the border control posts or at the control points referred to in point (a) of Article 51(1).

2.  For the purposes of paragraph 1, the official controls referred to in point (a) of that paragraph shall include official controls performed to verify compliance with measures adopted by the Commission in accordance with Article 137 of this Regulation, Article 53 of Regulation (EC) No 178/2002, Articles 27(1), 29(1), 40(2), 41(2), 47(1), 49(2) and 50(2) of Regulation (EU) No …/….(71), Articles 41 and 144 of Regulation (EU) No XXX/XXXX [number of the Regulation on the production and making available on the market of plant reproductive material] and Part VI of Regulation (EU) No …/….(72)+, unless the decision establishing the measures requires otherwise.

3.  For the purposes of paragraph 1:

(a)  the official controls referred to in point (a) of that paragraph shall not include official controls performed to verify compliance with temporary restrictions, requirements or other disease control measures adopted by the competent authorities in accordance with Article 55(1), Article 56, Articles 61 and 62, Articles 64 and 65, Article 68(1) and Article 69, and rules adopted pursuant to Article 55(2), Article 63, Article 67 and Article 68(2) of Regulation (EU) No …/….(73) and Article 16 of Regulation (EU) No …/….(74)+;

(aa)  the official controls referred to in point (a) of that paragraph shall not include controls performed at the level of primary production as defined in Article 3(17) of Regulation (EC) No 178/2002, including on farm processing. That includes controls to verify compliance with statutory management requirements in the area of public health, animal health, plant health, and animal welfare in accordance with Article 93 of Regulation (EU) No 1306/2013; [Ams 192, 343, 314 and 316]

(b)  the official controls referred to in point (a) and (b) of that paragraph shall not include official controls performed to verify compliance with the rules referred to in Article 1(2)(j) and (k).

Article 78

Costs

1.  The competent authorities shall collect fees be entitled, when calculating the fees or contributions to the cost in accordance with Article 77, to recover take the following costs criteria into account:

(a)  the salaries of the staff, including support staff, involved in the performance insofar as they correspond to the actual costs of official controls, in accordance with point (b) of Article 79(1), excluding their social security, pension and insurance costs;

(b)  the cost of facilities and equipment, including maintenance and insurance costs;

(c)  the cost of consumables, services and tools;

(d)  the cost of training of staff referred to in point (a), with the exclusion of the training necessary to obtain the qualification necessary to be employed by the competent authorities;

(e)  the cost of travel of the staff for the performance of the official controls referred to in point (a), and associated subsistence costs, calculated in accordance with Article 79(2);

(f)  the cost of sampling and of laboratory analysis, testing and diagnosis.

2.  If the competent authorities collecting mandatory fees or contributions to the costs in accordance with Article 77 also perform other activities, only the fraction of the cost elements referred to in paragraph 1 of this Article which results from the official controls referred to in Article 77(1) shall be considered for the calculation of the mandatory fees or contribution to the costs. [Am. 193]

Article 79

Calculation of mandatory fees or contributions to the costs

1.  The fees or contributions to the costs collected in accordance with Article 77 shall be:

(a)  established at a flat-rate on the basis of the overall costs of official controls borne by the competent authorities over a given period of time, and applied to all operators irrespective of whether any official control is performed during the reference period in relation to each operator charged; in establishing the level of the fees to be charged on each sector, activity and category of operators, the competent authorities shall take into consideration the impact that the type and the size of the activity concerned and the relevant risk factors have on the distribution of the overall costs of those official controls; or,

(b)  calculated on the basis of the actual costs of each individual official control, and applied to the operators subject to such official control; such fee shall not exceed the actual costs of the official control performed and may be partly or entirely expressed as a function of the time employed by the staff of the competent authorities to perform the official controls.

2.  Travel costs as referred to in point (e) of Article 78(1) shall be considered for the calculation of the fees or contributions to the costs referred to in Article 77(1) in a manner that does not discriminate between operators on the basis of the distance of their premises from the location of the competent authorities.

3.  Where the fees or contributions to the costs are calculated in accordance with point (a) of paragraph 1, the fees or contribution to the costs collected by competent authorities in accordance with Article 77 shall not exceed the overall costs incurred for the official controls perf