European Parliament decision to raise no objections to the Commission delegated regulation of 27 April 2015 amending Annex I to Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (C(2015)02802 – 2015/2673(DEA))

P8_TA(2015)0199 B8-0439/2015

The European Parliament,

–  having regard to the Commission delegated regulation (C(2015)02802),

–  having regard to the Commission’s letter of 3 February 2015 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Agriculture and Rural Development to the Chair of the Conference of Committee Chairs of 6 May 2015,

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

–  having regard to Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005(1), and in particular to Article 58(7) and Article 83(5) thereof,

–  having regard to the recommendation for a decision by the Committee on Agriculture and Rural Development,

–  having regard to Rule 105(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 105(6) of its Rules of Procedure, which expired on 19 May 2015,

A.  whereas Article 19(1) of Council Regulation (EU, Euratom) No 1311/2013 provides for a revision of the multiannual financial framework in the event of the adoption after 1 January 2014 of programmes under shared management for, inter alia, the European Agricultural Fund for Rural Development in order to transfer to subsequent years, in excess of the corresponding expenditure ceilings, allocations not used in 2014;

B.  whereas the rural development programmes of Bulgaria, the Czech Republic, Ireland, Greece, Spain, Croatia, Italy, Cyprus, Luxembourg, Hungary, Malta, Romania and Sweden and certain regional programmes of Belgium, Germany, France and the United Kingdom were not ready for adoption by the end of 2014;

C.  whereas Regulation (EU, Euratom) No 1311/2013 has been revised accordingly by Council Regulation (EU, Euratom) 2015/623, which transfers, for the European Agricultural Fund for Rural Development, the corresponding unused 2014 allocations to 2015 and 2016 expenditure ceilings;

D.  whereas Annex I to Regulation (EU) No 1305/2013, which lays down the breakdown of Union support for rural development for the 2014 to 2020 period, should therefore be amended accordingly;

E.  whereas the delegated regulation is essential for the smooth and timely adoption of rural development programmes, and whereas it is appropriate that it enter into force on the day following that of its publication in the Official Journal of the European Union;

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

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

(1) OJ L 347, 20.12.2013, p. 487.

European Parliament legislative resolution of 20 May 2015 on the draft Council decision on the conclusion, on behalf of the European Union and its Member States, of the Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Croatia to the European Union (07657/2015 – C8-0103/2015 – 2014/0236(NLE))

P8_TA(2015)0200 A8-0146/2015

(Consent)

The European Parliament,

–  having regard to the draft Council decision (07657/2015),

–  having regard to the draft Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, to take account of the accession of the Republic of Croatia to the European Union (13175/2014),

–  having regard to the request for consent submitted by the Council in accordance with Article 217 and Article 218(6), second subparagraph, point (a) (v) of the Treaty on the Functioning of the European Union (C8‑0103/2015),

–  having regard to Rule 99(1), first and third subparagraphs, Rule 99(2), and Rule 108(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Development (A8-0146/2015),

1.  Gives its consent to the conclusion of the protocol;

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

European Parliament legislative resolution of 20 May 2015 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 the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (05933/4/2015 – C8-0109/2015 – 2013/0025(COD))

P8_TA(2015)0201 A8-0153/2015

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (05933/4/2015 – C8-0109/2015),

–  having regard to the opinion of the European Central Bank of 17 May 2013(1),

–  having regard to the opinion of the European Economic and Social Committee of 23 May 2013(2),

–  having regard to its position at first reading(3) on the Commission proposal to Parliament and the Council (COM(2013)0045),

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

–  having regard to Rule 76 of its Rules of Procedure,

–  having regard to the joint deliberations of the Committee on Economic and Monetary Affairs and the Committee on Civil Liberties, Justice and Home Affairs under Rule 55 of the Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs and the Committee on Civil Liberties, Justice and Home Affairs (A8-0153/2015),

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 166, 12.6.2013, p. 2. (2) OJ C 271, 19.9.2013, p. 31. (3) Texts adopted of 11.3.2014, P7_TA(2014)0191.

European Parliament legislative resolution of 20 May 2015 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (05932/2/2015 – C8-0108/2015 – 2013/0024(COD))

P8_TA(2015)0202 A8-0154/2015

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (05932/2/2015 – C8‑0108/2015),

–  having regard to the opinion of the European Central Bank of 17 May 2013(1),

–  having regard to the opinion of the European Economic and Social Committee of 23 May 2013(2),

–  having regard to its position at first reading(3) on the Commission proposal to Parliament and the Council (COM(2013)0044),

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

–  having regard to Rule 76 of its Rules of Procedure,

–  having regard to the joint deliberations of the Committee on Economic and Monetary Affairs and the Committee on Civil Liberties, Justice and Home Affairs under Rule 55 of the Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on Economic and Monetary Affairs and the Committee on Civil Liberties, Justice and Home Affairs (A8-0154/2015),

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 166, 12.6.2013, p. 2. (2) OJ C 271, 19.9.2013, p. 31. (3) Texts adopted of 11.3.2014, P7_TA(2014)0190.

European Parliament legislative resolution of 20 May 2015 on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on insolvency proceedings (recast) (16636/5/2014 – C8-0090/2015 – 2012/0360(COD))

P8_TA(2015)0203 A8-0155/2015

(Ordinary legislative procedure: second reading)

The European Parliament,

–  having regard to the Council position at first reading (16636/5/2014 – C8‑0090/2015),

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

–  having regard to its position at first reading(2) on the Commission proposal to Parliament and the Council (COM(2012)0744),

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

–  having regard to Rule 76 of its Rules of Procedure,

–  having regard to the recommendation for second reading of the Committee on Legal Affairs (A8-0155/2015),

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 271, 19.9.2013, p. 55. (2) Texts adopted of 5.2.2014, P7_TA(2014)0093.

Amendments adopted by the European Parliament on 20 May 2015 on the proposal for a regulation of the European Parliament and of the Council setting up a Union system for supply chain due diligence self-certification of responsible importers of tin, tantalum and tungsten, their ores, and gold originating in conflict-affected and high-risk areas (COM(2014)0111 – C7-0092/2014 – 2014/0059(COD))(1)

P8_TA(2015)0204 A8-0141/2015

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment Amendment 1 Proposal for a regulation Recital 1 (1)  Natural mineral resources in conflict-affected or high risk areas − although holding great potential for development – can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict, undermining national endeavours towards development, good governance and the rule of law. In these areas, breaking the nexus between conflict and illegal exploitation of minerals is critical to peace and stability. (1)  Natural mineral resources in conflict-affected or high risk areas − although holding great potential for development – can be a cause of dispute where their revenues are fuelling the outbreak or continuation of violent conflict, undermining endeavours towards development, good governance and the rule of law. In these areas, breaking the nexus between conflict and illegal exploitation of minerals is a critical element in guaranteeing peace, development and stability. Amendment 2 Proposal for a regulation Recital 1 a (new) (1a)  Human rights abuses are common within the extractive industry and may include child labour, sexual violence, enforced disappearance, forced resettlement and the destruction of ritually or culturally significant sites. Amendment 3 Proposal for a regulation Recital 2 (2)  The issue concerns resource-rich regions where the challenge posed by the desire to minimise the financing of armed groups and security forces has been taken up by governments and international organisations together with business operators and civil society organisations. (2)  The issue concerns resource-rich areas where the challenge posed by the desire to prevent the financing of armed groups and security forces has been taken up by governments and international organisations together with business operators and civil society organisations, including women's organisations that are at the forefront of drawing attention to the exploitative conditions imposed by these groups, as well as to rape and violence used to control local populations. (The amendment resulting in the replacement of the word 'regions' by 'areas'' applies throughout the text.) Amendment 4 Proposal for a regulation Recital 5 a (new) (5a)  This Regulation is one of the ways of eliminating the financing of armed groups by means of controlling trade of minerals from conflict regions; this does not alter the fact that the European Union’s foreign and development policy actions should focus on countering local corruption and the porosity of borders, and on providing training for local populations and their representatives in order to highlight abuses. Amendment 5 Proposal for a regulation Recital 7 (7)  On 7 October 2010, the European Parliament passed a Resolution calling for the Union to legislate along the lines of the US 'conflict minerals' law alias Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; and the Commission announced in its Communications of 2011 and 2012 its intention to explore ways of improving transparency throughout the supply chain, including aspects of due diligence. In the latter communication and in line with the commitment it had made at the May 2011 OECD Ministerial Council, the Commission also advocated greater support for and use of the OECD Guidelines for Multinational Enterprises, and of the OECD Due Diligence Guidance – even outside the OECD membership. (7)  In its resolutions of 7 October 2010, of 8 March 2011, of 5 July 2011 and of 26 February 2014, the European Parliament called for the Union to legislate along the lines of the US 'conflict minerals' law alias Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act; and the Commission announced in its Communications of 2011 and 2012 its intention to explore ways of improving transparency throughout the supply chain, including aspects of due diligence. In the latter communication and in line with the commitment it had made at the May 2011 OECD Ministerial Council, the Commission also advocated greater support for and use of the OECD Guidelines for Multinational Enterprises, and of the OECD Due Diligence Guidance – even outside the OECD membership. Amendment 6 Proposal for a regulation Recital 8 (8)  Union citizens and civil society actors have raised awareness with respect to companies operating under the Union's jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of minerals from conflict regions. The consequence is that such minerals, potentially present in consumer products, link consumers to conflicts outside the Union. To this end, citizens have requested, notably through petitions, that legislation be proposed to the European Parliament and the Council holding companies accountable under the Guidelines as established by the UN and OECD. (8)  Union citizens and civil society actors have raised awareness with respect to companies operating under the Union's jurisdiction for not being held accountable for their potential connection to the illicit extraction and trade of minerals from conflict regions. The consequence is that such minerals, potentially present in consumer products, link consumers to conflicts outside the Union. As such, consumers are indirectly linked to conflicts that have severe impacts on human rights, notably the rights of women, as armed groups often use mass rape as a deliberate strategy to intimidate and control local populations in order to protect their interests. To this end, citizens have requested, notably through petitions, that legislation be proposed to the European Parliament and the Council holding companies accountable under the Guidelines as established by the UN and OECD. Amendments 71, 91 and 112 Proposal for a regulation Recital 9 a (new) (9a)  The Regulation reflects the need for due diligence along the entire supply chain from the sourcing site to the final product, by requiring all companies who first place covered resources, including products that contain those resources on the Union market to conduct and publicly report on their supply chain due diligence. In line with the nature of due diligence, the individual due diligence obligations contained in this Regulation should reflect the progressive and flexible nature of due diligence processes, and the need for obligations that are appropriately tailored to enterprises' individual circumstances. Obligations should be tailored to a company's size, leverage, and position in its supply chain. Amendment 57 Proposal for a regulation Recital 11 a (new) (11a)  Directive 2014/95/EU of the European Parliament and of the Council1a requires companies with more than 500 employees to disclose information on a number of policies including human rights, anti-corruption and supply chain due diligence. That Directive provides for the Commission to develop guidelines in order to facilitate the disclosure of this information. The Commission should consider including in those guidelines performance indicators with regard to responsible sourcing of minerals and metals. __________________ 1a Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1). Amendment 9 Proposal for a regulation Recital 11 b (new) (11b)  Many existing supply chain due diligence systems could contribute to achieving the aims of this Regulation. There already exist industry schemes aimed at breaking the link between conflict and the sourcing of tin, tantalum, tungsten and gold. Those schemes use independent third-party audits to certify smelters and refiners with systems in place to ensure responsible sourcing of minerals only. Those industry schemes could be recognised in the Union system. However, the criteria and procedures for such schemes to be recognised as equivalent to the requirements of this Regulation need to be clarified to allow for respect for high standards and the avoidance of double auditing. Amendment 10 Proposal for a regulation Recital 12 (12)  Union companies have expressed their interest through the public consultation in the responsible sourcing of minerals and reported on current industry schemes designed to pursue their corporate social responsibility objectives, customer requests, or the security of their supplies. However, Union companies have also reported countless difficulties in the exercise of supply chain due diligence because of lengthy and complex global supply chains involving a high number of operators that are often insufficiently aware or ethically unconcerned. The cost of responsible sourcing and their potential impact on competitiveness notably on SMEs should be monitored by the Commission. (12)  Union companies have expressed their interest through the public consultation in the responsible sourcing of minerals and reported on current industry schemes designed to pursue their corporate social responsibility objectives, customer requests, or the security of their supplies. However, Union companies have also reported countless difficulties and practical challenges in the exercise of supply chain due diligence because of lengthy and complex global supply chains involving a high number of operators that are often insufficiently aware or ethically unconcerned. The cost of responsible sourcing, third party auditing, their administrative consequences and their potential impact on competitiveness notably on SMEs should be closely monitored and reported by the Commission. The Commission should provide micro- small and medium size enterprises with technical and financial assistance and should facilitate the exchange of information in order to implement this Regulation. SMEs established in the Union which import minerals and metals and which establish due diligence systems should receive financial aid through the Commission’s COSME programme. Amendment 12 Proposal for a regulation Recital 12 a (new) (12a)  Companies established in the Union operating downstream of the supply chain that voluntarily establish a responsible sourcing system for minerals and metals should be certified by the Member States’ competent authorities by means of a label. The Commission should rely on the OECD Due Diligence Guidance to set out the criteria for the granting of certification and, to that end, may consult the OECD Secretariat. The conditions for granting the 'European certification of responsibility' should be as stringent as those required by the OECD certification system. Companies benefitting from the 'European certification of responsibility' are encouraged to indicate this fact on their website and to include it in the information given to European consumers. Amendment 14 Proposal for a regulation Recital 13 (13)  Smelters and refiners are an important point in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting, disclosing and verifying information on the mineral's origin and chain of custody. After this stage of transformation it is often considered unfeasible to trace back the origins of minerals. A Union list of responsible smelters and refiners could therefore provide transparency and certainty to downstream companies as regards supply chain due diligence practices. (13)  Smelters and refiners are an important point in global mineral supply chains as they are typically the last stage in which due diligence can effectively be assured by collecting, disclosing and verifying information on the mineral's origin and chain of custody. After this stage of transformation it is often considered unfeasible to trace back the origins of minerals. The same applies to recycled metals, which have undergone even further steps in the transformation process. A Union list of responsible smelters and refiners could therefore provide transparency and certainty to downstream companies as regards supply chain due diligence practices. In accordance with the OECD Due Diligence Guidance, upstream undertakings such as smelters and refiners should undergo an independent third-party audit of their supply chain due diligence practices, with a view to also being included in the list of responsible smelters and refiners. Amendment 15 Proposal for a regulation Recital 13 a (new) (13a)  Smelters and refiners which process and import minerals and concentrates thereof should have an obligation to apply the Union system for supply chain due diligence. Amendment 16 Proposal for a regulation Recital 13 b (new) (13b)  All minerals and metals within the scope of this Regulation should be used in accordance with the requirements laid down herein. It is essential that importers comply with the provisions of this Regulation. Amendment 18 Proposal for a regulation Recital 15 a (new) (15a)  In order to guarantee the efficient implementation of this Regulation, provision should be made for a two-year transitional period to allow the Commission to set up a third-party audit system and for responsible importers to become familiar with their obligations under this Regulation. Amendment 19 Proposal for a regulation Recital 15 b (new) (15b)  The Commission should regularly review its financial assistance and political commitments with regard to conflict-affected and high risk areas where tin, tantalum, tungsten and gold are mined, especially in the Great Lake Region, in order to ensure policy coherence, and in order to incentivise and strengthen the respect for good governance, the rule of law but above all ethical mining. Amendment 20 Proposal for a regulation Recital 16 (16)  The Commission should report regularly to the Council and the European Parliament on the effects of the scheme. No later than three years after entering into force and every six years thereafter, the Commission should review the functioning and the effectiveness of this Regulation, including as regards the promotion of responsible sourcing of the minerals within its scope from conflict-affected and high-risk areas. The reports may be accompanied, if necessary, by appropriate legislative proposals, which may include mandatory measures, (16)  The Commission should report regularly to the European Parliament and the Council on the effects of the scheme. Two years after the date of application of this Regulation and every three years thereafter, the Commission should review the functioning and the effectiveness of this Regulation and the latest impact of the scheme on the ground as regards the promotion of responsible sourcing of the minerals within its scope from conflict-affected and high-risk areas and report to the European Parliament and to the Council. The reports may be accompanied, if necessary, by appropriate legislative proposals, which may include further mandatory measures. Amendment 21 Proposal for a regulation Recital 16 a (new) (16a)  In their Joint Communication of 5 March 2014, the Commission and the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy committed to the implementation of accompanying measures leading to an integrated EU approach to responsible sourcing in parallel with this Regulation, with the aim not only of reaching a high level of participation by companies in the Union system provided for in this Regulation but also ensuring that a global, coherent and comprehensive approach is taken to promote responsible sourcing from conflict affected and high-risk areas. Amendment 60 Proposal for a regulation Article 1 — paragraph 1 1.  This Regulation sets up a Union system for supply chain due diligence self-certification in order to curtail opportunities for armed groups and security forces12 to trade in tin, tantalum and tungsten, their ores, and gold. It is designed to provide transparency and certainty as regards the supply practices of importers, smelters and refiners sourcing from conflict-affected and high-risk areas. 1.  This Regulation sets up a Union system for supply chain due diligence certification in order to curtail opportunities for armed groups and security forces12 to trade in tin, tantalum and tungsten, their ores, and gold. It is designed to provide transparency and certainty as regards the supply practices of importers, smelters and refiners sourcing from conflict-affected and high-risk areas. __________________ __________________ 12 'Armed groups and security forces' as defined in Annex II of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050-en. 12 'Armed groups and security forces' as defined in Annex II of the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas: Second Edition, OECD Publishing (OECD (2013). http://dx.doi.org/10.1787/9789264185050-en. Amendment 154 Proposal for a regulation Article 1 – paragraph 2 2.  This Regulation lays down the supply chain due diligence obligations of Union importers who choose to be self-certified as responsible importers of minerals or metals containing or consisting of tin, tantalum, tungsten and gold, as set out in Annex I. 2.  This Regulation lays down the supply chain due diligence obligations of all Union importers who source minerals and metals falling within the scope of this Regulation, in accordance with the OECD Due Diligence Guidance. That guidance is designed to guarantee transparency and traceability in respect of importers’ sourcing practices in conflict-affected or high-risk areas, in order to minimise or prevent violent conflicts and human rights abuses by curtailing the opportunities for armed groups and security forces, as defined in Annex II to the OECD Due Diligence Guidance, to trade in those minerals and metals. Amendment 23 Proposal for a regulation Article 1 – paragraph 2 a (new) 2a.  Metals reasonably assumed to be recycled shall be excluded from the scope of this Regulation. Amendments 76, 97, 117 and 135 Proposal for a regulation Article 1 – paragraph 2 b (new) 2b.  In order to prevent unintended distortions of the market, this Regulation shall draw a distinction between the roles of undertakings situated upstream of and those situated downstream from the supply chain. The exercise of due diligence must be tailored to the activities of the undertaking in question, its size and its position in the supply chain. Amendments 77, 98, 118 and 136 Proposal for a regulation Article 1 – paragraph 2 c (new) 2c.  The Commission, working with industry schemes and in accordance with the OECD Guidance, may provide further guidelines on the obligations to be met by undertakings, depending on their position in the supply chain, to ensure that the system involves a flexible procedure that takes into account the position of SMEs. Amendment 155 Proposal for a regulation Article 1 – paragraph 2 d (new) 2d.  Under this Regulation and in accordance with the OECD Due Diligence Guidance, downstream companies shall take all reasonable steps to identify and address any risks arising in their supply chains for minerals and metals coming within the scope of this Regulation. In this connection, they shall be required to provide information on the due diligence practices they employ for responsible sourcing. Amendment 26 Proposal for a regulation Article 2 – point b a (new) (ba)  'recycled metals' means reclaimed end-user or post-consumer products, or scrap processed metals created during product manufacturing; 'recycled metals' includes excess, obsolete, defective, and scrap metal materials which contain refined or processed metals that are appropriate to recycle in the production of tin, tantalum, tungsten and/or gold; minerals partially processed, unprocessed or a bi-product from another ore are not recycled metals; Amendment 24 Proposal for a regulation Article 2 – point e (e)  'conflict-affected and high-risk areas' means areas in a state of armed conflict, fragile post-conflict as well as areas witnessing weak or non-existent governance and security, such as failed states, and widespread and systematic violations of international law, including human rights abuses; (e)  'conflict-affected and high-risk areas' means areas in a state of armed conflict, with presence of widespread violence, collapse of civil infrastructure, fragile post-conflict areas as well as areas of weak or non-existent governance and security, such as failed states, characterised by widespread and systematic violations of human rights, as established under international law; Amendment 25 Proposal for a regulation Article 2 – point g (g)  'importer' means any natural or legal person declaring minerals or metals within the scope of this Regulation for release for free circulation within the meaning of Article 79 of Council Regulation (EEC) No 2913/199213 ; (g)  'importer' means any natural or legal person established in the Union making a declaration for the release for free circulation of minerals and metals within the scope of this Regulation in his own name or the person on whose behalf such declaration is made; a representative making the declaration while acting in the name of and on behalf of another person or a representative acting in his own name and on behalf of another person are equally considered to be importers for the purposes of this Regulation; __________________ 13 Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1). Amendment 100 Proposal for a regulation Article 2 – point h (h)  'responsible importer' means any importer who chooses to self-certify according to the rules set out in this Regulation; deleted Amendment 138 Proposal for a regulation Article 2 – point i (i)  'self-certification' means the act of declaring one's adherence to the obligations relating to management systems, risk management, third-party audits and disclosure as set out in this Regulation; deleted (This AM applies throughout the text) Amendment 29 Proposal for a regulation Article 2 – point q a (new) (qa)  'industry scheme' means a combination of voluntary supply chain due diligence procedures, tools and mechanisms, developed and overseen by relevant industry associations, including third-party conformity assessments; Amendment 30 Proposal for a regulation Article 2 – point q b (new) (qb)  'armed groups and security forces' means groups referred to in Annex II of the OECD Due Diligence Guidance; Amendment 31 Proposal for a regulation Article 4 – point a (a)  adopt and clearly communicate to suppliers and the public its supply chain policy for the minerals and metals potentially originating from conflict-affected and high-risk areas, (a)  adopt and clearly and systematically communicate to suppliers and the public its supply chain policy for the minerals and metals potentially originating from conflict-affected and high-risk areas, Amendments 85, 126 and 145 Proposal for a regulation Article 4 – paragraph 1 a (new) Where any undertaking can reasonably conclude that resources are derived only from recycled or scrap sources, it shall, with due regard to business confidentiality and competitive concerns: (a)  publicly disclose its determination; and (b)  describe in reasonable detail the due diligence measures it exercised in making that determination. Amendment 67 Proposal for a regulation Article 6 — paragraph 2 a (new) Certified responsible importers of smelted and refined metals shall be exempted from carrying out independent third-party audits pursuant to Article 3(1a) of this Regulation provided they submit substantive evidence that all smelters and refiners in their supply chain conform to the provisions of this Regulation. Amendment 40 Proposal for a regulation Article 7 a (new) Article 7a List of responsible importers 1.  On the basis of the information provided by the Member States in their reports, as referred to in Article 15, the Commission shall adopt and make publicly available a decision listing the names and addresses of responsible importers of minerals and metals within the scope of this Regulation. 2.  The Commission shall adopt the list using the template set out in Annex Ia and in accordance with the advisory procedure referred to in Article 13(2). 3.  The Commission shall update and publish, including on the internet, the information included in the list in a timely manner. The Commission shall remove from the list the names of the importers that, in case of inadequate remedial action by the responsible importers, are no longer recognised as responsible importers by Member States in accordance with Article 14(3). Amendment 43 Proposal for a regulation Article 7 b (new) Article 7b Due diligence obligations applicable to smelters and refiners 1.  Smelters and refiners established in the Union which process and import minerals and concentrates thereof shall have an obligation to apply the Union system for supply chain due diligence or a due diligence system recognised as equivalent by the Commission. 2.  The Member States competent authorities shall ensure the proper application of the European due diligence system by smelters and refiners. If there is a failure to comply with these obligations, the authorities shall notify the fact to the smelter or refiner, and shall ask them to take corrective measures in order to comply with the European due diligence system. In the event of a persistent failure to comply, the Member States competent authorities shall impose penalties for the infringement of this Regulation. These penalties shall cease when the smelter or refiner complies with the provisions of this Regulation. Amendment 44 Proposal for a regulation Article 8 – paragraph 1 1.  On the basis of the information provided by the Member States in their reports as referred to in Article 15, the Commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners of minerals within the scope of this Regulation. 1.  On the basis of the information provided by the Member States in their reports as referred to in Article 15, the Commission shall adopt and make publicly available a decision listing the names and addresses of responsible smelters and refiners. Amendment 45 Proposal for a regulation Article 8 – paragraph 2 2.  The Commission shall identify on the list referred to in paragraph 1 those responsible smelters and refiners that source – at least partially – from conflict-affected and high-risk areas. 2.  The Commission shall identify on the list referred to in paragraph 1 those responsible smelters and refiners that source – at least partially – from conflict-affected and high-risk areas. This list shall be drawn up taking into account existing equivalent industry, governmental or other due diligence schemes covering the minerals and metals within the scope of this Regulation. Amendment 46 Proposal for a regulation Article 8 – paragraph 3 3.  The Commission shall adopt the list in accordance with the template in Annex II and the regulatory procedure referred to in Article 13(2). The OECD Secretariat shall be consulted. 3.  The Commission shall adopt the list using the template in Annex II and in accordance with the advisory procedure referred to in Article 13(2). The OECD Secretariat shall be consulted. Amendment 47 Proposal for a regulation Article 8 – paragraph 4 4.  The Commission shall update the information included in the list in a timely manner. The Commission shall remove from the list the names of the smelters and refiners that are no longer recognised as responsible importers by Member States in accordance with Article 14(3), or the names of the smelters and refiners in the supply chain of the no longer recognised responsible importers. 4.  The Commission shall update and publish, including on the internet, the information included in the list in a timely manner. The Commission shall remove from the list the names of the smelters and refiners that are no longer recognised as responsible importers by Member States in accordance with Article 14(3), or the names of the smelters and refiners in the supply chain of the no longer recognised responsible importers. Amendment 48 Proposal for a regulation Article 9 – paragraph 2 2.  The Commission shall make a decision to publish, including on the internet, a list of competent authorities in accordance with the template in Annex III and the regulatory procedure referred to in paragraph 2 of Article 13. The Commission shall update the list regularly. 2.  The Commission shall make a decision to publish, including on the internet, a list of competent authorities using the template in Annex III and in accordance with the advisory procedure referred to in Article 13(2). The Commission shall update the list regularly. Amendment 151 Proposal for a regulation Article 10 – paragraph 1 1.  The competent authorities of the Member States shall carry out appropriate ex-post checks in order to ensure whether self-certified responsible importers of minerals and metals within scope of this Regulation comply with the obligations set out in Articles 4, 5, 6 and 7. 1.  The competent authorities of the Member States shall carry out appropriate ex-post checks in order to ensure whether responsible importers of minerals and metals within the scope of this Regulation comply with the obligations set out in Articles 4, 5, 6 and 7. Amendment 49 Proposal for a regulation Article 10 – paragraph 2 2.  The checks referred to in paragraph 1 shall be conducted by taking a risk-based approach. In addition, checks may be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning the compliance by a responsible importer with this Regulation. 2.  The checks referred to in paragraph 1 shall be conducted by taking a risk-based approach. In addition, checks shall be conducted when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning the compliance by a responsible importer with this Regulation. Amendment 51 Proposal for a regulation Article 12 a (new) Article 12a In order to create clarity and certainty for and consistency among economic operators, in particular SMEs, the Commission, in consultation with the European External Action Service and the OECD, shall prepare non-binding guidelines in the form of a handbook for companies, explaining how best to apply the criteria for those areas that may fall within the scope of this Regulation. This handbook shall be based on the definition of conflict-affected and high-risk areas as laid down in Article 2(e) of this Regulation and take into account the OECD Due Diligence Guidance in this field. Amendment 52 Proposal for a regulation Article 13 – paragraph 2 – subparagraph 2 Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request. deleted Amendment 53 Proposal for a regulation Article 13 – paragraph 2 a (new) (2a)  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Amendment 55 Proposal for a regulation Article 15 a (new) Article 15a Accompanying measures 1.  The Commission shall submit a legislative proposal, as appropriate, within the transitional period setting up accompanying measures in order to enhance the effectiveness of this Regulation in line with the Joint Communication to the European Parliament and the Council entitled "Responsible sourcing of minerals originating in conflict-affected and high risk areas. Towards an integrated EU approach" (JOIN (2014)0008). Accompanying measures to ensure an integrated EU approach to the duty of responsible sourcing shall foresee: (a)  support for responsibly sourcing enterprises in the form of incentives, technical assistance and guidance to enterprises, taking into account the situation of small and medium-sized enterprises and their position in the supply chain, in order to facilitate compliance with the requirements of this Regulation; (b)  ongoing policy dialogues with third countries and other stakeholders, including the possibility of harmonization with national and regional certification systems and cooperation with public-private initiatives; (c)  continued, targeted development cooperation with third countries, in particular aid for the marketing of non-conflict minerals and placing local enterprises in a better position to comply with this Regulation; (d)  close cooperation with Member States for the launching of complementary initiatives in the area of consumer, investor and customer information and further incentives for responsible business conduct and performance clauses in procurement contracts signed by the national authorities under the terms of Directive 2014/24/EU of the European Parliament and of the Council1a. 2.  The Commission shall present an annual performance report of the accompanying measures implemented pursuant to paragraph 1 and of their impact and effectiveness. 1a Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65). Amendment 56 Proposal for a regulation Article 16 – paragraph 1 a (new) This Regulation shall apply from...* ___________________________ *Two years after the date of entry into force of this Regulation Amendment 59 Proposal for a regulation Annex II – Column C a (new) Column Ca: Type of mineral

(1) The matter was referred back to the committee responsible for reconsideration pursuant to Rule 61(2), second subparagraph (A8-0141/2015).

European Parliament resolution of 20 May 2015 on the Commission delegated directive of 30 January 2015 amending, for the purposes of adapting to technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for cadmium in illumination and display lighting applications (C(2015)00383 – 2015/2542(DEA))

P8_TA(2015)0205 B8-0464/2015

The European Parliament,

–  having regard to the Commission delegated directive (C(2015)00383),

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

–  having regard to Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment, and in particular Articles 4, 5(1)(a) and 22 thereof(1),

–  having regard to Rule 105(4) of its Rules of Procedure,

A.  whereas Article 4(1) of Directive 2011/65/EU on the restriction of the use of certain hazardous substances in electrical and electronic equipment (‘RoHS’) restricts inter alia the use of cadmium in electrical and electronic equipment (see the listing in Annex II to the RoHS Directive);

B.  whereas Annex III to the RoHS Directive provides for exemptions from the restrictions laid down in Article 4(1);

C.  whereas point 39 of Annex III lists a derogation for ‘Cadmium in colour converting II-VI LEDs (< 10 µg Cd per mm2 of light-emitting area) for use in solid state illumination or display systems’ with an expiry date of 1 July 2014;

D.  whereas Article 5 provides for the adaptation to scientific and technical progress of Annex III for the inclusion and deletion of exemptions;

E.  whereas the Commission indicated that it received, in December 2012, an application to renew exemption 39 and, in May 2013, a related application for a narrower, more specific exemption for cadmium in quantum dots in displays;

F.  whereas, pursuant to Article 5(1)a, exemptions shall be included in Annex III, provided that such inclusion does not weaken the environmental and health protection afforded by Regulation (EC) No 1907/2006 and where any of the following conditions is fulfilled: their elimination or substitution via design changes or materials and components which do not require any of the materials or substances listed in Annex II is scientifically or technically impracticable; the reliability of substitutes is not ensured; or the total negative environmental, health and consumer safety impacts caused by substitution are likely to outweigh the total environmental, health and consumer safety benefits thereof;

G.  whereas the Commission delegated directive extends exemption 39 until 30 June 2017, relabelling it exemption 39(a), and introduces a new more specific exemption 39(b) on ‘Cadmium in downshifting cadmium based semiconductor nanocrystal quantum dots for use in display lighting applications (< 0.2 µg Cd per mm2 of display screen area)’, with an expiry date of 30 June 2018;

H.  whereas the extension of exemption 39 and the new exemption 39(b) both concern cadmium quantum dots, even though a specific reference to quantum dots is given only in exemption 39(b);

I.  whereas the extension of exemption 39 concerns two different applications of cadmium quantum dots: one concerns the use in solid state illumination (hereafter referred to as ‘lighting’), while the other concerns display systems;

J.  whereas the new exemption 39(b) only concerns displays;

K.  whereas the Commission states explicitly that quantum dot (cadmium and cadmium-free) LEDs for lighting are not available yet, and admits that the positive environmental impact thereof could therefore not be demonstrated; whereas the Commission nevertheless extended the generic exemption for cadmium quantum dot-based lighting applications until 30 June 2017 to allow the lighting industry to apply for a specific exemption since such applications would already be in the pre-production phase;

L.  whereas the independent consultants who assessed the applications on behalf of the Commission concluded that the information provided did not allow a conclusion that an exemption for lighting would be justified at present, and therefore explicitly recommended against it(2);

M.  whereas the informal information circulated by the Commission on 12 May 2015 does not change the situation, as no proof is given of the availability of these products on the European market and no assessment of their properties against the conditions of Article 5(1)(a) is provided;

N.  whereas in the absence of any relevant lighting products being available, the applicant was unable to prove that any of the conditions of Article 5(1)(a) were fulfilled for the use of cadmium quantum dots in lighting; whereas it is therefore unjustified to grant an extension of the exemption for lighting;

O.  whereas such an exemption may be relevant in the future, but can only be granted on the basis of a proper assessment, which has not yet been made;

P.  whereas, in its delegated directive, the Commission furthermore granted a new specific exemption for cadmium quantum dots in displays, arguing that they were already in use in displays, that this would have a positive overall impact due to their low energy consumption, and that cadmium-free quantum dots were not yet technically available;

Q.  whereas the independent consultants who assessed the applications on behalf of the Commission recommended in April 2014 granting a specific exemption for cadmium quantum dots in displays for a shorter period than that applied for (until 30 June 2017, i.e. one year less than the period adopted by the Commission), in light of the understanding that applications resulting in the reduction of cadmium quantities as well as cadmium-free substitutes are in the final stages of research; whereas, in other words, the recommendation was based on the absence of cadmium-free quantum dots in displays at that time;

R.  whereas, however, there have been important market developments since; whereas in 2015 one of the world’s leading TV manufacturers placed a whole line of new models of televisions on the Union market based on cadmium-free quantum dots, available at major retail outlets in several Member States (at least Germany, the UK and Belgium);

S.  whereas on the other hand, there no longer seem to be any TVs with cadmium quantum dots on the Union market, and whereas it is difficult to find any retailer for the one and only notebook the display of which is based on cadmium quantum dot technology;

T.  whereas it can be expected that the energy-saving properties of cadmium-free quantum dots are similar to those of cadmium quantum dots; whereas, according to eco-labelling information, when comparing same-sized TVs, a TV display with cadmium-free quantum dots showed lower energy consumption as compared to a model based on cadmium quantum dots; whereas according to industry information, testing of the colour performance against the relevant standard showed it to be equal if not superior for displays based on cadmium-free quantum dots;

U.  whereas the key justification by the Commission for granting the new specific exemption is that ‘cadmium-free quantum dots are not yet technically available’;

V.  whereas this justification is manifestly incorrect, as not only are cadmium-free quantum dots technically available, but a whole line of TVs based on this technology has become widely available on the Union market, on offer by well-known major retailers;

W.  whereas the informal information circulated by the Commission on 12 May 2015 does not change that situation; whereas the examples listed by the Commission for products with displays with cadmium quantum dots are either currently unavailable (TCL 55’’ TV), or are only available in the US (ASUS Notebook, Sony TVs), or only concern products to be launched (Konka, Phillips, AOC);

X.  whereas both the extension of current exemption 39 and the introduction of a new exemption 39(b) fail to fulfil any of the conditions of Article 5(1)(a) and are therefore unjustified; whereas relatively short expiry periods cannot justify non-compliance with the conditions of Article 5(1)(a);

Y.  whereas, according to Article 5(5) of the RoHS Directive, the existing exemption 39 shall remain valid until a decision on the renewal application is taken by the Commission;

Z.  whereas according to Article 5(6) of the RoHS Directive, in the event that an application for renewal of an exemption is rejected or an exemption is revoked, the exemption period shall expire at the earliest 12 months and at the latest 18 months after the date of the decision;

AA.  whereas a rejection of the delegated directive therefore does not ban cadmium quantum dots, but only triggers a new assessment; whereas there are therefore no market distortions, as the current exemption stays valid until revocation, with an additional grace period to be granted thereafter;

AB.  whereas there have been important new developments with regard to the commercial availability of products based on cadmium-free quantum dot technology which require a new assessment,

1.  Objects to the Commission delegated directive;

2.  Instructs its President to forward this resolution to the Commission and to notify it that the delegated directive cannot enter into force;

3.  Considers that the Commission delegated directive fails to comply with the conditions laid down in Article 5(1)(a) of Directive 2011/65/EU, for both exemptions it inserts in points 39(a) and 39(b) of Annex III to Directive 2011/65/EU;

4.  Considers in particular that the justification given for the exemption in point 39(b) is based on an outdated situation with regard to the practicability of replacement of cadmium in quantum dots; therefore calls for a swift reassessment of the existing exemption in point 39 of Annex III to Directive 2011/65/EU against the conditions of Article 5(1)(a) thereof with a view to its revocation;

5.  Calls on the Commission to submit a new delegated act which takes into account the position of Parliament;

6.  Instructs its President to forward this resolution to the Council and to the governments and parliaments of the Member States.

(1) OJ L 174, 1.7.2011, p. 88. (2) Öko-Institut, Fraunhofer, Eunomia (2014): Assistance to the Commission on technological socio-economic and cost-benefit assessment related to exemptions from the substance restrictions in electrical and electronic equipment (p.89) - http://rohs.exemptions.oeko.info/fileadmin/user_upload/RoHS_IX/20140422_RoHS2_Evaluation_Ex_Requests_2013-1-5_final.pdf

European Parliament resolution of 20 May 2015 on the Commission delegated regulation of 20 February 2015 amending Regulation (EC) No 376/2008 as regards the obligation to present a licence for imports of ethyl alcohol of agricultural origin and repealing Regulation (EC) No 2336/2003 introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (C(2015)00861 – 2015/2580(DEA))

P8_TA(2015)0206 B8-0440/2015

The European Parliament,

–  having regard to the Commission delegated regulation (C(2015)00861),

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

–  having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(1), and in particular Articles 177(1)(a), 223(2) and 227(5) thereof,

–  having regard to the motion for a resolution by the Committee on Agriculture and Rural Development,

–  having regard to Rule 105(3) of its Rules of Procedure,

A.  whereas the following-up of data relating to ethyl alcohol of agricultural origin ensures both transparency and knowledge as regards the evolution of the market, which is still unstable and which faces strong competition, in particular on account of importation from third countries;

B.  whereas such information is also extremely useful when it comes to international agreement negotiations and anti-dumping investigations;

C.  whereas Eurostat does not provide such precise information, meaning that there is no alternative way for operators, Member States and EU institutions to be fully aware of the situation of the market;

1.  Objects to the Commission delegated regulation;

2.  Instructs its President to forward this resolution to the Commission and to notify it that the delegated regulation cannot enter into force;

3.  Instructs its President to forward this resolution to the Council and to the governments and parliaments of the Member States.

(1) OJ L 347, 20.12.2013, p. 671.

European Parliament resolution of 20 May 2015 on maternity leave (2015/2655(RSP))

P8_TA(2015)0207 B8-0453/2015

The European Parliament,

–  having regard to Articles 2 and 3(3), second subparagraph, of the Treaty on European Union (TEU) and to Articles 8 and 294 of the Treaty on the Functioning of the European Union (TFEU),

–  having regard to Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding(1) (the Maternity Leave Directive),

–  having regard to the Commission proposal for a directive of the European Parliament and of the Council amending the Maternity Leave Directive (COM(2008)0637),

–  having regard to its position adopted at first reading on 20 October 2010 with a view to the adoption of Directive 2011/.../EU of the European Parliament and of the Council amending the Maternity Leave Directive(2),

–  having regard to Parliament’s repeated statements on the subject, including its resolution of 10 March 2015 on progress on equality between women and men in the European Union in 2013(3),

–  having regard to the interinstitutional agreement on better law-making(4) and to the forthcoming one on the same subject,

–  having regard to the questions to the Council and to the Commission on maternity leave (O-000049/2015 – B8‑0119/2015 and O-000050/2015 – B8‑0120/2015),

–  having regard to the European Court of Justice judgment of 14 April 2015 regarding, inter alia, the Commission’s right to withdraw a proposal (Case C‑409/13),

–  having regard to Rules 128(5) and 123(2) of its Rules of Procedure,

A.  whereas the principle of equal treatment of women and men implies that there must be no discrimination whatsoever, be it direct or indirect, including on account of motherhood, fatherhood and the fact of shouldering family responsibilities;

B.  whereas the Europe 2020 strategy for smart, sustainable and inclusive growth entails ambitious targets, such as a 75 % employment rate and a reduction in the number of people suffering, or threatened by, poverty and social exclusion by at least 20 million by 2020;

C.  whereas there are more women than men living in poverty and exclusion, especially older women, whose average pension level is 39 % lower than that of men, and single mothers; whereas it is more common for women than men to work part-time or on fixed-term or temporary contracts, and whereas women’s poverty is due largely to the precariousness of their jobs;

D.  whereas the falling birth rate in the EU has been exacerbated by the crisis, given that unemployment, precarious circumstances and uncertainty about the future and the economy are making couples, and younger women in particular, put off having children, thereby further reinforcing the EU-wide trend towards population ageing;

E.  whereas women spend three times as long as men every week on household chores (including caring for children, elderly people and people with disabilities as well as household tasks); whereas the female unemployment rate is underestimated, given that many women are not registered as unemployed, particularly those who devote themselves exclusively to household tasks and childcare;

F.  whereas the sharing of family and domestic responsibilities between women and men is essential in order to achieve gender equality; whereas a quarter of Member States do not offer paternity leave;

G.  whereas the Council has still not responded officially to Parliament’s first-reading position of 20 October 2010 on the proposal for a directive amending the Maternity Leave Directive;

1.  Deplores the deadlock in the Council regarding the Maternity Leave Directive; urges the Member States to resume negotiations;

2.  Deplores the interinstitutional instability resulting from the Council’s failure to act, given that Parliament has concluded its first reading, yet the discussions in the Council have been halted, thereby compromising the whole legislative procedure;

3.  Reiterates its willingness to end the deadlock, and calls for the Commission to play its role of ‘honest broker’ and to engage in a constructive manner with the co-legislators with a view to reconciling the positions of Parliament and the Council, with due regard for the balance between the institutions and the role conferred on it by the Treaties;

4.  Deplores the fact that the proposed revision of the directive may be withdrawn by the Commission as part of the REFIT exercise, and, if this ultimately proves to be the case, asks for a legislative initiative aimed at revising Council Directive 92/85/EEC as an immediate alternative, to be started under the Luxembourg presidency of the Council, in order to improve the health and safety of pregnant workers and workers who have recently given birth or are breastfeeding, thereby addressing demographic challenges while also reducing inequality between men and women;

5.  Notes the European Court of Justice judgment of 14 April 2015 regarding the Commission’s right to withdraw a proposal (Case C-409/13), which reaffirms the specific conditions to be fulfilled by the Commission, inter alia that it honour its obligation to state to Parliament and the Council the grounds for the withdrawal and to abide by the principles of conferral of powers, institutional balance and sincere cooperation, as laid down in the TEU;

6.  Reiterates its willingness to draft a separate directive establishing paid paternity leave of at least 10 working days and encouraging measures, legislative and otherwise, which enable men, and fathers in particular, to exercise their right to achieve work-life balance;

7.  Awaits the final assessment of Council Directive 2010/18/EU on parental leave and, in view of the available interim studies, calls for a revision of that directive as it is not reaching its target of reconciling private and professional life in order to achieve work‑life balance for both parents, and especially women, who are impacted by the gender gaps in respect of pay, pensions and poverty;

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

(1) OJ L 348, 28.11.1992, p. 1. (2) OJ C 70 E, 8.3.2012, p. 163. (3) Texts adopted, P8_TA(2015)0050. (4) OJ C 321, 31.12.2003, p. 1.

European Parliament resolution of 20 May 2015 on the List of Issues adopted by the United Nations Committee on the Rights of Persons with Disabilities in relation to the initial report of the European Union (2015/2684(RSP))

P8_TA(2015)0208 B8-0460/2015

The European Parliament,

–  having regard to the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and its entry into force in the EU on 21 January 2011 in accordance with Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities(1),

–  having regard to the Code of Conduct between the Council, the Member States and the Commission setting out internal arrangements for the implementation by and representation of the European Union relating to the United Nations Convention on the Rights of Persons with Disabilities(2),

–  having regard to the Universal Declaration of Human Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms and the International Covenant on Economic, Social and Cultural Rights,

–  having regard to the Commission staff working document entitled ‘Report on the implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD) by the European Union’ (SWD(2014)0182),

–  having regard to the List of Issues adopted by the UN Committee on the Rights of Persons with Disabilities in relation to the initial report of the European Union(3),

–  having regard to the Commission communication of 15 November 2010 entitled ‘European Disability Strategy 2010-2020: A renewed commitment to a barrier-free Europe’ (COM(2010)0636),

–  having regard to its resolution of 25 October 2011 on mobility and inclusion of people with disabilities and the European Disability Strategy 2010-2020(4),

–  having regard to the 2013 Annual Report of the European Ombudsman,

–  having regard to Articles 2, 9, 10, 19 and 168 of the Treaty on the Functioning of the European Union,

–  having regard to Articles 3, 15, 21, 23 and 26 of the Charter of Fundamental Rights of the European Union,

–  having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation(5),

–  having regard to Rule 123(2) of its Rules of Procedure,

A.  whereas, as full citizens, persons with disabilities have equal rights and are entitled to inalienable dignity, equal treatment, independent living and full participation in society;

B.  whereas an estimated 80 million people in the European Union have a disability;

C.  whereas evidence from the EU Agency for Fundamental Rights consistently demonstrates that persons with disabilities face discrimination and barriers to exercising their rights on an equal basis with others;

D.  whereas people with disabilities are one of the most vulnerable groups in our society and their integration into the labour market represents one of the biggest challenges for social and labour market policies;

E.  whereas full inclusion and equal participation of persons with disabilities can only be achieved by taking a human-rights-based approach to disability at all levels of EU policymaking, implementation and monitoring, including intra-institutionally, and whereas the Commission must have due regard to this in future proposals;

F.  whereas, according to EU Agency for Fundamental Rights, 21 out of 28 Member States still impose restrictions on the full exercise of legal capacity;

G.  whereas an EU anti-discrimination directive was proposed by the Commission in 2008, but whereas it remains blocked in the Council;

H.  whereas the CRPD principles go far beyond discrimination, pointing the way towards the full enjoyment of human rights by all persons with disabilities in an inclusive society, and are also aimed at providing the necessary protection and assistance to enable families to contribute to the full and equal enjoyment of the rights of persons with disabilities;

I.  whereas the EU has formally ratified the CRPD, which has also been signed by all 28 EU Member States and ratified by 25 of them;

J.  whereas every year Parliament’s Committee on Petitions receives petitions dealing with discrimination on grounds of disability in access to employment, self-employment, public services and education;

K.  whereas people with disabilities are not a homogeneous group, and whereas policies and actions planned on their behalf should take account of that lack of homogeneity and of the fact that some groups, such as women, children and individuals who need more intense support, face additional difficulties and multiple forms of discrimination;

L.  whereas Parliament must take into consideration the fact that the provisions of the CRPD are minimum standards that allow the European institutions to go beyond them in order to protect persons with disabilities and to fight discrimination;

M.  whereas access to work, coupled with non-discrimination in the workplace, is a fundamental element for a self-determined and independent life; whereas, despite all the existing programmes, initiatives and strategies at the EU level, the employment rate for people between the ages of 20 and 64 is higher than 70 %, while the employment rate for persons with disabilities is lower than 50 %; whereas the employment rate for women without disabilities is 65 %, compared with 44 % for women with disabilities;

N.  whereas paid employment is essential to enable persons with disabilities to lead an independent life, and whereas the Member States should therefore strive for wider access to employment for people with disabilities so that they can contribute to the society they live in, and should, as a precondition, provide inclusive education for all children with disabilities, including those with learning difficulties, in order to help them acquire a good educational grounding from primary school on so that they can follow a curriculum appropriate to their learning abilities, thereby giving them the opportunity to gain a solid educational background that can help them develop a career or secure a good job which enables them to live an independent life later on;

O.  whereas disability is an evolving concept that results from the interaction between people with impairments and attitudinal and environmental barriers that hinder their full and effective participation in society on an equal basis with others and with the same dignity;

P.  whereas, on the basis of Article 7 of the Common Provisions Regulation (CPR), in particular, accessibility for persons with disabilities must be taken into account throughout the preparation and implementation of programmes financed by the European Structural and Investment Funds, and whereas the same issues should be taken into consideration in the preparation and implementation of other EU funds;

Q.  whereas in some Member States the demand for social services is growing on account of demographic and societal changes, with increased rates of unemployment, poverty and social exclusion, including a lack of availability of quality services for persons with disabilities, which is having a negative effect on the ability of those with disabilities to live independently, inclusively and on an equal basis with others;

R.  whereas existing EU legislation relating to the rights of persons with disabilities should be better implemented and enforced in order to increase accessibility for all those with disabilities across the EU;

S.  whereas Parliament forms part of the EU Framework to promote, protect, and monitor the implementation of the CRPD, in accordance with Article 33(2) of the CRPD;

T.  whereas several civil society organisations submitted information to the CRPD Committee in relation to the List of Issues;

U.  whereas the Commission, as the focal point under Article 33(1) of the CRPD, has been designated to answer the List of Issues adopted by the CRPD Committee;

V.  whereas Parliament is the only directly elected body of the European Union representing European citizens and therefore fully complies with the Paris Principles, as stipulated in Article 33 of the CRPD;

1.  Assures the CRPD Committee that the European Parliament will respond to questions directly addressed to it, while also urging the Commission to take Parliament’s views into account when formulating its own answers to the committee;

2.  Considers it regrettable that the Code of Conduct was adopted by the Commission and the Council without the involvement of Parliament, with the result that Parliament has limited competences with regard to the monitoring of the CRPD;

3.  Calls on the Commission to formally consult on its answer to the List of Issues with all relevant institutions and agencies, including Parliament, the European Economic and Social Committee, the Committee of the Regions, the Ombudsman and the EU Agency for Fundamental Rights;

4.  Calls on the Commission to invite the EU Framework to formally participate in the Constructive Dialogue;

5.  Highlights the fact that the proposal for an EU anti-discrimination directive seeks to protect people with disabilities against discrimination in social protection, health care and (re)habilitation, education and access to and supply of goods and services, such as housing, transport and insurance; deplores the lack of progress within the Council on this proposal and urges the Member States to work towards the adoption of a common position without any further delay;

6.  Notes that the lack of disaggregated data and statistics in relation to specific disability groups is a barrier to formulating adequate policies; calls on the Commission, therefore, to collect and disseminate statistical data on disability, disaggregated by age and gender, with a view to monitoring the situation of persons with disabilities across the EU in relevant areas of daily life, and not only in the field of employment;

7.  Notes that several civil society organisations submitted information to the CRPD Committee for the List of Issues; urges the Commission, therefore, to further develop a structured dialogue and to consult and cooperate with organisations representing persons with disabilities as part of the review process, including in formulating an answer to the CRPD Committee on its List of Issues, and in developing, implementing and monitoring EU policies in this area;

8.  Calls on those Member States which have not already done so to ratify the CRPD without delay;

9.  Calls on the Commission to present an ambitious proposal for a European Accessibility Act, with the full involvement of persons with disabilities throughout the legislative cycle, and stresses the need for this proposal to include a full range of policy areas with regard to the accessibility of goods and services for all EU citizens, fostering the independent living and full inclusion of people with disabilities and establishing an ongoing, effective and independent monitoring and enforcement mechanism;

10.  Calls on the Member States to translate into national law the obligations derived from Article 12 of the CRPD, most specifically to ease any restrictions on their rights to cast their vote and to be elected;

11.  Urges the Council to accelerate its work on the proposal for a directive on the accessibility of public sector bodies’ websites, with a view to reaching a common position and further advancing towards the adoption of this piece of legislation, thereby increasing the accessibility of documents, videos and websites and providing alternative formats and means of communication;

12.  Recommends that EU funds be used to promote accessibility and e-accessibility for persons with disabilities, to promote a transition from institutional to community‑based care, to develop quality social and health services, and to invest in capacity-building for organisations representing persons with disabilities;

13.  Notes its responses and actions in respect of the List of Issues raised in relation to the initial report of the European Union as part of the CRPD review:

14.  Stresses the need for enhanced political cooperation within the EU Framework, including the necessary financial and human resources to ensure that it can fulfil its tasks as outlined in the aforementioned Council decision, and urges actors within the EU Framework to allocate the requested resources to this task;

15.  Welcomes MEPs’ initiative of requesting that a joint report be drawn up on a regular basis by the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Employment and Social Affairs and the Committee on Petitions in response to the recommendations of the CRPD Committee;

16.  Instructs its President to forward this resolution to the Council, the Commission, the Committee on the Rights of Persons with Disabilities, and the governments and parliaments of the Member States.

(1) OJ L 23, 27.1.2010, p. 35. (2) OJ C 340, 15.12.2010, p. 11. (3) CRPD/C/EU/Q/1. (4) OJ C 131 E, 8.5.2013, p. 9. (5) OJ L 303, 2.12.2000, p. 16. (6) OJ C 33 E, 5.2.2013, p. 1. (7) OJ C 153 E, 31.5.2013, p. 165.

European Parliament resolution of 20 May 2015 on the outbreak of Xylella fastidiosa affecting olive trees (2015/2652(RSP))

P8_TA(2015)0209 RC-B8-0451/2015

The European Parliament,

–  having regard to Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1),

–  having regard to the scientific opinions of the European Food Safety Authority (EFSA) on the risks to plant health posed by Xylella fastidiosa in the EU territory, with the identification and evaluation of risk reduction options, published on 26 November 2013 and 6 January 2015,

–  having regard to the Commission implementing decisions of 13 February 2014, 23 July 2014 and 28 April 2015 as regards measures to prevent the introduction into, and spread within, the Union of Xylella fastidiosa,

–  having regard to the reports by the Food and Veterinary Office of audits carried out in February and November 2014,

–  having regard to the question to the Commission on the outbreak of Xylella fastidiosa affecting olive trees (O-000038/2015 – B8-0117/2015),

–  having regard to Directive 2009/128/EC establishing a framework for Community action to achieve the sustainable use of pesticide(2),

–  having regard to Rules 128(5) and 123(4) of its Rules of Procedure,

A.  whereas Xylella fastidiosa is a highly dangerous immediate threat to the production in southern Europe of certain crops, including olive, almond and peach trees and ornamental plants; whereas, depending on the type of bacterium, it is a potential threat to vineyards, citrus trees and other crops and could lead to unprecedented and devastating losses, with dramatic economic, environmental and social consequences; whereas the strain infecting olive trees in the Apulia region is different from the isolates causing disease in grapevine or citrus in other parts of the world;

B.  whereas the bacterium is already causing severe damage to olive groves in the Apulia region of southern Italy, potentially threatening other crops and regions;

C.  whereas olive production is one of the Apulia region’s most important agricultural sectors, accounting for 11,6 % (or EUR 522 million) of the total value of agricultural production in the region and 30 % of the value of Italian olive production in 2013;

D.  whereas the presence of Xylella fastidiosa is causing severe economic damage, not only to olive producers but also to the entire chain of production, including cooperative and private mills, tourism and marketing activities;

E.  whereas the first notification of an outbreak of Xylella fastidiosa was made by the Italian authorities on 21 October 2013, since when an alarming number of trees have become infected;

F.  whereas the inspections carried out in Italy in February and November 2014 by the Food and Veterinary Office (FVO) of the Commission’s Directorate-General for Health and Food Safety confirm that the situation has dramatically deteriorated and that a further spread of the bacterium cannot be ruled out;

G.  whereas no treatment is currently available to cure diseased plants in the field, and whereas affected plants tend to remain infected throughout their lives or to collapse quickly;

H.  whereas a large number of different plants could host the disease, including asymptomatic wild plants, in the European Union;

I.  whereas EFSA has emphasised that, given the difficulty of stopping the spread of Xylella fastidiosa once it affects a production area, preventive action focused on imports and containment of outbreaks should be prioritised, along with the reinforcement of research sharing;

1.  Notes that the implementing decisions taken before April 2015 by the Commission focused mainly on internal actions to fight the outbreak and did not include strong measures to prevent the entry of the disease into the EU from third countries;

2.  Calls on the Commission to take targeted measures against Xylella fastidiosa in order to prevent the import of infected material into the EU; welcomes the decision taken in April 2015 by the Commission to stop imports of infected coffea plants from Costa Rica and Honduras, and the restrictions adopted in respect of plant imports from affected areas in other third countries; asks for the application, if necessary, of stronger measures, including the authorisation of imports from pest-free production sites only;

3.  Regrets the fact that very often the Commission does not react quickly enough to prevent the entry into the EU of plant diseases from third countries; urges the Commission, therefore, to verify the source of the infection and to review the EU official phytosanitary control system in order to protect and safeguard our territory ;

4.  Urges the Commission, especially in view of the onset of summer, to take effective measures to avoid the spread of Xylella fastidiosa within the EU, in particular by targeting the crops most at risk, while not neglecting other crops that could also be seriously affected by the disease, and underlines the importance of the provisions of Article 9 of the implementing decision of 2015 in this regard;

5.  Calls on the Commission and the Member States to compensate producers for eradication measures and loss of revenue – which involves losses in terms not only of agricultural production but also of cultural heritage, history and tourism-related activities;

6.  Asks the Commission and the relevant authorities to make use of all possible funds and instruments to assist the economic recovery of the affected areas; calls on the Commission to identify incentives for producers implementing preventive measures;

7.  Calls on the Commission to ensure that sufficient financial and human resources are available to implement the relevant strategies, including financial support for farmers to apply appropriate agricultural practices for the management of Xylella fastidiosa and its vectors; urges the Commission to promote intensified research efforts without delay, including through increased international networking and by making funds available for research institutes, with a view to increasing scientific knowledge of Xylella fastidiosa and positively identifying the nature of the link between the pathogen, the symptoms and the development of disease;

8.  Underlines the need to run information campaigns in potentially affected areas of the EU in order to sensitise those involved not only in the agricultural sector but also in the horticultural sector, including retailers of ornamental plants, professional gardeners and their customers;

9.  Considers that, especially in view of the onset of summer, the Commission and the Member States should warn travellers about the risks of introducing infected plants from countries affected by Xylella fastidiosa into the EU;

10.  Calls for greater means to be made available to ensure the detection of harmful organisms at points of entry into the EU; furthermore, encourages the Member States to increase the number of regular inspections with a view to preventing the spread of Xylella fastidiosa outside the demarcated areas;

11.  Calls on the Commission to provide an open database, with a list of institutions and competent authorities at EU and Member State level, for the exchange of information and experience, including best practices, as well as for rapid alerting of the competent authorities and the taking of necessary measures;

12.  Calls on the Commission to draft, in a transparent manner, comprehensive guidelines for the implementation of preventive and disease control measures, with clear indications of their scope and duration, based on existing experience and best practices, that can be used as a support tool by the competent authorities and services in the Member States;

13.  Asks the Commission to report to Parliament annually, or at any time if the situation evolves, on the threat posed to EU producers by Xylella fastidiosa and other organisms that are a danger to agricultural production;

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

(1) OJ L 169, 10.7.2000, p. 1. (2) OJ L 309, 24.11.2009, p. 71.