Index 
Texts adopted
Thursday, 28 March 2019 - StrasbourgFinal edition
Listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (Kosovo) ***I
 Quality of water intended for human consumption ***I
 Increasing the efficiency of restructuring, insolvency and discharge procedures ***I
 Exercise of copyright and related rights applicable to certain online transmissions and retransmissions of television and radio programmes ***I
 Creative Europe programme 2021-2027 ***I
 ‘Erasmus’: the Union programme for education, training, youth and sport ***I
 Establishment of a framework to facilitate sustainable investment ***I
 Estimates of revenue and expenditure for the financial year 2020 – Section I – European Parliament
 Emergency situation in Venezuela
 Situation of rule of law and fight against corruption in the EU, specifically in Malta and Slovakia
 Recent developments on the Dieselgate scandal
 Decision establishing a European Peace Facility

Listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (Kosovo) ***I
PDF 123kWORD 43k
European Parliament legislative resolution of 28 March 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (Kosovo(1)) (COM(2016)0277 – C8-0177/2016 – 2016/0139(COD))
P8_TA(2019)0319A8-0261/2016

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0277)),

–  having regard to Article 294(2) and Article 77(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0177/2016),

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

–  having regard to Rule 59 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 Foreign Affairs (A8-0261/2016),

1.  Adopts its position at first reading, taking over the Commission proposal;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

(1)* This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.


Quality of water intended for human consumption ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 28 March 2019 on the proposal for a directive of the European Parliament and of the Council on the quality of water intended for human consumption (recast) (COM(2017)0753 – C8-0019/2018 – 2017/0332(COD))
P8_TA(2019)0320A8-0288/2018

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0753),

–  having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0019/2018),

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

–  having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Chamber of Deputies, the Irish Houses of the Oireachtas, the Austrian Federal Council 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 12 July 2018(1),

–  having regard to the opinion of the Committee of the Regions of 16 May 2018(2),

–  having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(3),

–  having regard to the letter of 18 May 2018 sent by the Committee on Legal Affairs to the Committee on the Environment, Public Health and Food Safety in accordance with Rule 104(3) of its Rules of Procedure,

–  having regard to Rules 104 and 59 of its Rules of Procedure,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety (A8-0288/2018),

A.  whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;

1.  Adopts its position at first reading hereinafter set out(4), taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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 28 March 2019 with a view to the adoption of Directive (EU) .../... of the European Parliament and of the Council on the quality of water intended for human consumption (recast)

P8_TC1-COD(2017)0332


(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 192(1) thereof,

Having regard to the proposal from the European Commission,

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

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

Having regard to the opinion of the Committee of the Regions(6),

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

Whereas:

(1)  Council Directive 98/83/EC(8) has been substantially amended several times(9). Since further amendments are to be made, that Directive should be recast in the interests of clarity.

(2)  Directive 98/83/EC set the legal framework to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean. This Directive should pursue the same objective and should provide universal access to such water for all in the Union. To that end, it is necessary to lay down at Union level the minimum requirements with which water intended for that purpose must comply. Member States should take the all necessary measures to ensure that water intended for human consumption is free from any micro-organisms and parasites and from substances which, in certain cases, constitute a potential danger to human health, and that it meets those minimum requirements. [Am. 161, 187, 206 and 213]

(2a)   In line with the communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 2 December 2015 entitled “Closing the loop - An EU action plan for the Circular Economy”, this Directive should strive to encourage water resource efficiency and sustainability, thereby meeting circular economy goals. [Am. 2]

(2b)   The Human Right to Water and Sanitation (HRWS) was recognised as a human right by the United Nations (UN) General Assembly on 28 July 2010 and thus, access to clean, potable water should not be restricted due to unaffordability by the end user. [Am. 3]

(2c)   Coherence between Directive 2000/60/EC of the European Parliament and of the Council(10) and this Directive is necessary. [Am. 4]

(2d)   The requirements set out in this Directive should reflect the national situation and conditions of the water suppliers in the Member States. [Am. 5]

(3)  It is necessary to exclude from the scope of this Directive natural mineral waters and waters which are medicinal products, since these waters are respectively covered by Directive 2009/54/EC of the European Parliament and of the Council(11) and Directive 2001/83/EC of the European Parliament and of the Council(12). However, Directive 2009/54/EC deals with both natural mineral waters and spring waters, and only the former category should be exempted from the scope of this Directive. In accordance with the third subparagraph of Article 9(4) of Directive 2009/54/EC, spring waters should comply with the provisions of this Directive. However, that obligation should not extend to the microbiological parameters set out in Part A of Annex I to this Directive. In the case of water intended for human consumption from public water supply or private wells put into bottles or containers intended for sale or used in the commercial manufacture, preparation or treatment of food, the water should, as a matter of principle, continue to comply with the provisions of this Directive until the point of compliance (i.e. the tap), and should afterwards be considered as food, in accordance with the second subparagraph of Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council(13). Where applicable food safety requirements are met, competent authorities in the Member States should have the power to authorise the reuse of water in food processing industries. [Am. 6]

(4)  Following the conclusion of the European citizens' initiative on the right to water (Right2Water)(14) which called on the Union to increase its efforts to achieve universal access to water, a Union-wide public consultation was launched and a Regulatory Fitness and Performance (REFIT) Evaluation of Directive 98/83/EC was performed(15). It became apparent from that exercise that certain provisions of Directive 98/83/EC needed to be updated. Four areas were identified as offering scope for improvement, namely the list of quality-based parametric values, the limited reliance on a risk-based approach, the imprecise provisions on consumer information, and the disparities between approval systems for materials in contact with water intended for human consumption and the implications this has for human health. In addition, the European citizens' initiative on the right to water identified as a distinct problem the fact that part of the population, especially among vulnerable and marginalised groups, has limited or no access to affordable water intended for human consumption, which is also a commitment made under Sustainable Development Goal 6 of UN Agenda 2030. In this context, the European Parliament recognised a right of access to water intended for human consumption for all in the Union. A final issue identified is the general lack of awareness of water leakages, which are driven by underinvestment in maintenance and renewal of the water infrastructure, as also pointed out in the European Court of Auditors' Special Report on water infrastructure(16), and by what is sometimes insufficient knowledge of water systems. [Am. 7]

(4a)   In order to fulfil the ambitious goals set up under the United Nations' Sustainable Development Goal No 6, Member States should be obliged to implement action plans to ensure universal and equitable access to safe and affordable drinking water for all by 2030. [Am. 8]

(4b)   The European Parliament adopted resolution of 8 September 2015 on the follow-up to the European Citizens’ Initiative Right2Water. [Am. 9]

(5)  The World Health Organisation (WHO) Regional Office for Europe conducted a detailed review of the list of parameters and parametric values laid down in Directive 98/83/EC in order to establish whether there is a need to adapt it in light of technical and scientific progress. In view of the results of that review(17), enteric pathogens and Legionella should be controlled, six chemical parameters or parameter groups should be added, and three representative endocrine disrupting compounds should be considered with precautionary benchmark values. For three of the new parameters, parametric values that are more stringent than the ones proposed by the WHO, yet still feasible, should be laid down in light of the precautionary principle. For lead, the WHO noted that concentrations should be as low as reasonably practical, and for chromium, the value remains under WHO review; therefore, for both parameters, a transitional period of ten years should apply before the values become more stringent.

(5a)   Water intended for human consumption plays a fundamental role in the Union's ongoing efforts to strengthen the protection of human health and the environment against endocrine-disrupting chemicals. The regulation of endocrine-disrupting compounds in this Directive constitutes a promising step in line with the updated Union strategy on endocrine disruptors, which the Commission is obliged to deliver without any further delay. [Am. 11]

(6)  The WHO also recommended that three parametric values be made less stringent and five parameters be removed from the list. Nevertheless, those changes are not considered necessary as the risk-based approach introduced by Commission Directive (EU) 2015/1787(18) allows water suppliers to remove a parameter from the list to be monitored under certain conditions. Treatment techniques to meet those parametric values are already in place.

(6a)  Where scientific knowledge is not sufficient to determine the human health risk, or absence thereof, of a substance present in water intended for human consumption, or the permissible value for the presence of that substance, it should be placed on a watchlist, on the basis of the precautionary principle, until there are clearer scientific data. Accordingly, Member States should monitor such emerging parameters separately. [Am. 13]

(6b)   Indicator parameters have no direct public-health impact. However, they are important as a means of determining how water production and distribution facilities are functioning and of evaluating water quality. They can help to identify water treatment deficiencies and they also play an important role in increasing and maintaining consumer confidence in water quality. Therefore, they should be monitored by Member States. [Am. 14]

(7)  Where necessary for full implementation of the precautionary principle and to protect human health within their territories, Member States should be required to set values for additional parameters not included in Annex I. [Am. 15]

(8)  Preventive safety planning and risk-based elements were only considered to a limited extent in Directive 98/83/EC. The first elements of a risk-based approach were already introduced in 2015 with Directive (EU) 2015/1787, which amended Directive 98/83/EC so as to allow Member States to derogate from the monitoring programmes they have established, provided credible risk assessments are performed, which may be based on the WHO’s Guidelines for Drinking Water Quality(19). Those Guidelines, laying down the so-called "Water Safety Plan" approach, together with standard EN 15975-2 concerning security of drinking water supply, are internationally recognised principles on which the production, distribution, monitoring and analysis of parameters in water intended for human consumption are based. They should be maintained in this Directive. To ensure that those principles are not limited to monitoring aspects, to focus time and resources on risks that matter and on cost-effective source measures, and to avoid analyses and efforts on non-relevant issues, it is appropriate to introduce a complete risk-based approach, throughout the supply chain, from the abstraction area to distribution until the tap. That approach should be based on the knowledge gained and actions carried out under Directive 2000/60/EC and should take into account more effectively the impact of climate change on water resources. A risk-based approach should consist of three components: first, an assessment by the Member State of the hazards associated with the abstraction area ("hazard assessment"), in line with the WHO’s Guidelines and Water Safety Plan Manual(20); second, a possibility for the water supplier to adapt monitoring to the main risks ("supply risk assessment"); and third, an assessment by the Member State of the possible risks stemming from the domestic distribution systems (e.g. Legionella or lead), with special focus on priority premises ("domestic distribution risk assessment"). Those assessments should be regularly reviewed, inter alia, in response to threats from climate-related extreme weather events, known changes of human activity in the abstraction area or in response to source-related incidents. The risk-based approach ensures a continuous exchange of information between competent authorities, and water suppliers and other stakeholders, including those responsible for the pollution source or the risk of pollution. As an exception, the implementation of the risk-based approach should be adapted to the specific constraints of maritime vessels that desalinate water and carry passengers. European flag maritime vessels comply with the international regulatory framework when sailing in international waters. Furthermore, there are particular constraints for the transport and production of water intended for human consumption on board which means that the provisions of this Directive should be adapted accordingly. [Am. 16]

(8a)   Ineffective use of water resources, in particular leakage in the water supply infrastructure, leads to over exploitation of scarce resources of water intended for human consumption. This severely hinders the Member States in reaching the objectives set under Directive 2000/60/EC. [Am. 17]

(9)  The hazard assessment should be geared towards take a holistic approach to risk assessment, founded on the explicit aim of reducing the level of treatment required for the production of water intended for human consumption, for instance by reducing the pressures causing the pollution of, or a risk of pollution of, water bodies used for abstraction of water intended for human consumption. To that end, Member States should identify hazards and possible pollution sources associated with those water bodies and monitor pollutants which they identify as relevant, for instance because of the hazards identified (e.g. microplastics, nitrates, pesticides or pharmaceuticals identified under Directive 2000/60/EC of the European Parliament and of the Council(21)), because of their natural presence in the abstraction area (e.g. arsenic), or because of information from the water suppliers (e.g. sudden increase of a specific parameter in raw water). In accordance with Directive 2000/60/EC, those parameters should be used as markers that trigger action by competent authorities to reduce the pressure on the water bodies, such as prevention or mitigating measures (including research to understand impacts on health where necessary), to protect those water bodies and address the pollution source or risk, in cooperation with all stakeholders, including those responsible for pollutant or potential pollutant sources. Where a Member State finds, via the hazard assessment, that a parameter is not present in a given abstraction area, for instance because that substance never occurs in groundwaters or surface waters, the Member State should inform the relevant water suppliers and stakeholders should be able to allow them to decrease the monitoring frequency for that parameter, or remove that parameter from the list of parameters to be monitored, without carrying out a supply risk assessment. [Am. 18]

(10)  As regards the hazard assessment, Directive 2000/60/EC requires Member States to identify water bodies used for the abstraction of water intended for human consumption, monitor them, and take the necessary measures to avoid deterioration in their quality in order to reduce the level of purification treatment required in the production of water that is fit for human consumption. To avoid any duplication of obligations, Member States should, when carrying out the hazard assessment, make use of the monitoring carried out under Articles 7 and 8 of Directive 2000/60/EC and Annex V to that Directive and of the measures included in their programmes of measures pursuant to Article 11 of Directive 2000/60/EC.

(11)  The parametric values used to assess the quality of water intended for human consumption are to be complied with at the point where water intended for human consumption is made available to the appropriate user. However, the quality of water intended for human consumption can be influenced by the domestic distribution system. The WHO notes that, in the Union, Legionella causes the highest health burden of all waterborne pathogens, in particular Legionella pneumophila, which accounts for most cases of Legionnaires’ disease in the Union. It is transmitted by warm water systems through inhalation, for instance during showering. It is therefore clearly linked to the domestic distribution system. Since imposing a unilateral obligation to monitor all private and public premises for this pathogen would lead to unreasonably high costs and would contravene the principle of subsidiarity, a domestic distribution risk assessment is therefore more suited to address this issue, with a special focus on priority premises. In addition, the potential risks stemming from products and materials in contact with water intended for human consumption should also be considered in the domestic distribution risk assessment. The domestic distribution risk assessment should therefore include, inter alia, focusing monitoring on priority premises, assessing the risks stemming from the domestic distribution system and related products and materials, and verifying the performance of construction products in contact with water intended for human consumption on the basis of their declaration of performance in accordance with Regulation (EU) No 305/2011 of the European Parliament and of the Council(22). The information referred to in Articles 31 and 33 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council(23) is also to be supplied together with the declaration of performance. On the basis of this assessment, Member States should take all necessary measures to ensure, inter alia, that appropriate control and management measures (e.g. in case of outbreaks) are in place, in line with the guidance of the WHO(24), and that the migration from construction products substances and materials in contact with water intended for human consumption does not endanger human health. However, without prejudice to Regulation (EU) No 305/2011, where these measures would imply limits to the free movement of products and materials in the Union, these limits need to be duly justified and strictly proportionate, and not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. [Am. 19]

(12)  The provisions of Directive 98/83/EC on quality assurance of treatment, equipment and materials did not succeed in addressing obstacles to the internal market when it comes to the free circulation of construction products in contact with water intended for human consumption or providing sufficient protection with regard to human health. National product approvals are still in place, with different requirements from one Member State to another. This renders it difficult and costly for manufacturers to market their products all over the Union. The removal of technical barriers may only be effectively achieved by establishing harmonised technical specifications for construction products in contact with water intended for human consumption under Regulation (EU) No 305/2011. That Regulation allows for the development of That situation stems from the fact that there are no minimum European hygiene standards harmonising the assessment methods for construction for all products and materials in contact with water intended for human consumption and for threshold levels and classes to be set in relation to the performance level of an essential characteristic. To that end, a standardisation request specifically requiring standardisation work on hygiene and safety for, which is essential for fully ensuring mutual recognition between Member States. The removal of technical barriers and conformity of all products and materials in contact with water intended for human consumption under Regulation (EU) No 305/2011 has been included in the 2017 standardisation Work Programme(25), and a standard is to be issued by 2018. The publication of this harmonised standard in the Official Journal of the European Union will ensure a rational decision-making for placing or making available at Union level can, therefore, only be effectively achieved by establishing minimum quality requirements at Union level. As a consequence, those provisions should be strengthened by means of a procedure for harmonisation of such products and materials. That work should draw on the market safe construction products in contact with water intended for human consumption. As a consequence, the provisions on equipment and material in contact with water intended for human consumption should be deleted, partly replaced by provisions related to the domestic distribution risk assessment and complemented by relevant harmonised standards under Regulation (EU) No 305/2011 experience gained and advances made by a number of Member States that have been working together for some years, in a concerted effort, to bring about regulatory convergence. [Am. 20]

(13)  Each Member State should ensure that monitoring programmes are established to check that water intended for human consumption meets the requirements of this Directive.  Most of the monitoring carried out for the purposes of this Directive is performed by water suppliers but, where necessary, Member States should clarify with which competent authorities the obligations stemming from the transposition of this Directive lie. A certain flexibility should be granted to water suppliers as regards the parameters they monitor for the purposes of the supply risk assessment. If a parameter is not detected, water suppliers should be able to decrease the monitoring frequency or stop monitoring that parameter altogether. The supply risk assessment should be applied to most parameters. However, a core list of parameters should always be monitored with a certain minimum frequency. This Directive mainly sets provisions on monitoring frequency for the purposes of compliance checks and only limited provisions on monitoring for operational purposes. Additional monitoring for operational purposes may be necessary to ensure the correct functioning of water treatment, at the discretion of water suppliers. In that regard, the water suppliers may refer to the WHO's Guidelines and Water Safety Plan Manual. [Am. 21]

(14)  The risk-based approach should gradually be applied by all water suppliers, including very small, small and medium-sized water suppliers, as the evaluation of Directive 98/83/EC showed deficiencies in its implementation by those suppliers, which were sometimes due to the cost of performing unnecessary monitoring operations, while allowing for the possibility for derogations for very small suppliers. When applying the risk-based approach, security concerns and concerns relating to the ‘polluter pays’ principle should be taken into account. For smaller suppliers, the competent authority should support the monitoring operations by providing expert support. [Am. 188]

(14a)   In order to deliver the strongest protection for public health, Member States should ensure a clear and balanced distribution of responsibilities for the application of the risk-based approach in line with their national institutional and legal framework. [Am. 24]

(15)  In the event of non-compliance with the standards imposed by this Directive the Member State concerned should immediately investigate the cause and ensure that the necessary remedial action is taken as soon as possible to restore the quality of the water. In cases where the water supply constitutes a potential danger to human health, the supply of such water should be prohibited or its use restricted, and citizens who could be affected should be duly informed. In addition, it is important to clarify that in the event of failure to meet the minimum requirements for values relating to microbiological and chemical parameters, Member States should automatically be considered by Member States as determine whether exceeding the values constitutes a potential danger risk to human health. To that end, Member States should take account of, in particular, the extent to which minimum requirements have not been met and the type of parameter concerned. In cases where remedial action is necessary to restore the quality of water intended for human consumption, in accordance with Article 191(2) of the Treaty, priority should be given to action which rectifies the problem at source. [Am. 25]

(15a)   It is important to prevent contaminated water causing a potential danger to human health. Therefore, the supply of such water should be prohibited or its use restricted. [Am. 26]

(16)  Member States should no longer be authorised to grant derogations from this Directive. Derogations were initially used to allow Member States up to nine years to resolve a non-compliance with a parametric value. This procedure has proved to be burdensome useful for Member States and Commission alike. In addition, given the level of ambition of the Directive. It should be noted, however, that, in some cases, it has led to delays in remedial actions being taken, as the possibility for derogation was sometimes considered as to be a transitional period. The provision on derogations should therefore be deleted. For reasons of protection of human health, when parametric values are exceeded, the provisions related to remedial actions should apply immediately without the possibility of granting a derogation from the parametric value. In the light of the fact, firstly, that the quality parameters in this Directive are to be strengthened and, secondly, that emerging pollutants are being increasingly detected, requiring stepped-up evaluation, monitoring and management actions, it remains, nonetheless, necessary to maintain a derogation procedure that is in keeping with those circumstances, provided that they do not constitute a potential risk to human health and provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means. The provision in Directive 98/83/EC on derogations should therefore be amended so as to ensure faster and more effective compliance by Member States with the requirements of this Directive. Derogations granted by Member States pursuant to Article 9 of Directive 98/83/EC and still applicable at the date of entry into force of this Directive should, however, continue to apply until the end of the derogation but should not be renewed in accordance with the arrangements laid down by the provisions in force when the derogation was granted. [Am. 27]

(17)  The Commission, in its reply to the European citizens’ initiative ‘Right2Water’ in 2014(26), invited Member States to ensure access to a minimum water supply for all citizens, in accordance with the WHO recommendations. It also committed to continue to "improve access to safe drinking water […] for the whole population through environmental policies"(27). This is in line with Articles 1 and 2 of the Charter of Fundamental Rights of the European Union. This is also in line with UN Sustainable Development Goal 6 and the associated target to "achieve universal and equitable access to safe and affordable drinking water for all". The concept of equitable access covers a wide array of aspects such as availability (due for instance to geographic reasons, lack of infrastructure or the specific situation of certain parts of the populations), quality, acceptability, or financial affordability. Concerning affordability of water, it is important to recall that, without prejudice to Article 9(4) of Directive 2000/60/EC, when setting water tariffs in accordance with the principle of recovery of costs set out in that Directive 2000/60/EC, Member States may have regard to the variation in the economic and social conditions of the population and may therefore adopt social tariffs or take measures safeguarding populations at a socio-economic disadvantage. This Directive deals, in particular, with the aspects of access to water which are related to quality and availability. To address those aspects, as part of the reply to the European citizens' initiative and to contribute to the implementation of Principle 20 of the European Pillar of Social Rights(28) that states that "everyone has the right to access essential services of good quality, including water", Member States should be required to tackle the issue of affordable access to water at national level whilst enjoying some a certain margin of discretion as to the exact type of measures to be implemented. This can be done through actions aimed, inter alia, at improving access to water intended for human consumption for all, for instance by not unjustifiably making water quality requirements more stringent on public-health grounds, which would increase the price of water for citizens, with freely accessible fountains in cities, and promoting its use by encouraging the free provision of water intended for human consumption in public buildings, and restaurants, shopping and recreational centres, as well as areas of transit and large footfall such as train stations or airports. Member States should be free to determine the right mix of such instruments with regard to their specific national circumstances. [Am. 28]

(18)  The European Parliament, in its Resolution on the "follow-up to the European citizens’ initiative Right2Water"(29), "requested that Member States should pay special attention to the needs of vulnerable groups in society"(30). The specific situation of minority cultures, such as Roma, Sinti, and Travellers, Kalé, Gens du voyage etc., whether sedentary or not – in particular their lack of access to drinking water – was also acknowledged in the Commission Report on the implementation of the EU Framework for National Roma Integration Strategies(31) and the Council Recommendation on effective Roma integration measures in the Member States(32). In light of that general context, it is appropriate that Member States pay particular attention to vulnerable and marginalised groups by taking the necessary measures to ensure that those groups have access to water. Taking into account the principle of recovery of costs set out in Directive 2000/60/EC, Member States should improve access to water for vulnerable and marginalised groups without jeopardising the supply of universally affordable high-quality water. Without prejudice to the right of the Member States to define those groups, they should at least include refugees, nomadic communities, homeless people and minority cultures such as Roma, Sinti, and Travellers, Kalé, Gens du voyage, etc., whether sedentary or not. Such measures to ensure access, left to the appreciation of the Member States, might for example include providing alternative supply systems (individual treatment devices), providing water via tankers (trucks and cisterns) and ensuring the necessary infrastructure for camps. Where local public authorities are made responsible for meeting those obligations, Member States should ensure that they have sufficient financial resources and technical and material capacities and should support them accordingly, by providing expert support for example. In particular, the distribution of water for vulnerable and marginalised groups should not be disproportionately costly for local public authorities. [Am. 29]

(19)  The 7th Environment Action Programme to 2020 ‘Living well, within the limits of our planet’(33), requires that the public have access to clear environmental information at national level. Directive 98/83/EC only provided for passive access to information, meaning that Member States merely had to ensure that information was available. Those provisions should therefore be replaced to ensure that up-to-date information that is comprehensible and relevant to consumers and easily accessible, for instance in a booklet, on a website whose link should be actively distributed or a smart application. The up-to-date information should not only include results from the monitoring programmes, but also additional information that the public may find useful, such as information on indicators (iron, hardness, minerals, etc.), which often influence consumers' perception of tap the outcome of actions taken to monitor water suppliers as regards water quality. To that end, the indicator parameters of Directive 98/83/EC that did not provide health-related information should be replaced by on-line information on those parameters and information on indicator parameters listed in Part Ba of Annex I. For very large water suppliers, additional information on, inter alia, energy efficiency, management, governance, cost tariff structure, and treatment applied, should also be available on-line. It is assumed that The purpose of better consumer knowledge of relevant information and improved transparency will contribute to increasing should be to increase citizens' confidence in the water supplied to them. This in turn is expected to, as well as in water services, and should lead to an increased use of tap water, thereby contributing as drinking water, which could contribute to reduced plastic usage and litter and greenhouse gas emissions, and a positive impact on climate change mitigation and the environment as a whole. [Am. 30]

(20)  For the same reasons, and in order to make consumers more aware of the implications of water consumption, they should also receive information (for instance on their invoice or by smart applications) in an easily accessible manner, for instance on their invoice or by smart application on the volume consumed per year, changes in consumption, a comparison with average household consumption, where such information is available to the water supplier, the cost structure of the tariff charged by the water supplier, including the distribution of variable and fixed costs parts of it, as well as on the price per litre of water intended for human consumption, thereby allowing a comparison with the price of bottled water. [Am. 31]

(21)  The fundamental principles to be considered in the setting of water tariffs, without prejudice to Article 9(4) of Directive 2000/60/EC, namely recovery of costs for water services and polluter pays, are set out in that Directive 2000/60/EC. However, the financial sustainability of the provision of water services is not always ensured, sometimes leading to under-investment in the maintenance of water infrastructure. With the improvement of monitoring techniques, leakage rates levels – mainly due to such under-investment – have become increasingly apparent and reduction of water losses should be encouraged at Union level to improve the efficiency of water infrastructure. In line with the principle of subsidiarity, that in order to raise awareness of this issue should be addressed by increasing transparency and consumer, the information on leakage rates and energy efficiency related to it should be shared in a more transparent way with consumers. [Am. 32]

(22)  Directive 2003/4/EC of the European Parliament and of the Council(34) aims at guaranteeing the right of access to environmental information in the Member States in line with the Aarhus Convention. It encompasses broad obligations related both to making environmental information available upon request and actively disseminating such information. Directive 2007/2/EC of the European Parliament and of the Council(35) is also of broad scope, covering the sharing of spatial information, including data-sets on different environmental topics. It is important that provisions of this Directive related to access to information and data-sharing arrangements complement those Directives and do not create a separate legal regime. Therefore, the provisions of this Directive on information to the public and on information on monitoring of implementation should be without prejudice to Directives 2003/4/EC and 2007/2/EC.

(23)  Directive 98/83/EC did not set out reporting obligations for small water suppliers. To remedy this, and to address the need for implementation and compliance information, a new system should be introduced, whereby Member States are required to set up, keep up-to-date and make accessible to the Commission and the European Environmental Agency data sets containing only relevant data, such as exceedances of parametric values and incidents of a certain significance. This should ensure that the administrative burden on all entities remains as limited as possible. To ensure the appropriate infrastructure for public access, reporting and data-sharing between public authorities, Member States should base the data specifications on Directive 2007/2/EC and its implementing acts.

(24)  Data reported by Member States is not only necessary for the purposes of compliance checking but is also essential to enable the Commission to monitor and assess the performance of the legislation against the objectives it pursues in order to inform any future evaluation of the legislation in accordance with paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016(36). In that context, there is a need for relevant data that will allow better assessment of the efficiency, effectiveness, relevance, and EU value added of the Directive, hence the necessity to ensure appropriate reporting mechanisms that can also serve as indicators for future evaluations of this Directive.

(25)  Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, the Commission should carry out an evaluation of this Directive within a certain period of time from the date set for its transposition. That evaluation should be based on experience gathered and data collected during the implementation of the Directive, on relevant scientific, analytical, epidemiological data, and on any available WHO recommendations, and on relevant scientific, analytical and epidemiological data. [Am. 34]

(26)  This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to promote the principles relating to health care, access to services of general economic interest, environmental protection and consumer protection.

(27)  As the Court of Justice has held on numerous occasions, it would be incompatible with the binding effect which the third paragraph of Article 288 of the Treaty ascribes to a Directive to exclude, in principle, the possibility of an obligation imposed by a Directive from being relied on by persons concerned. That consideration applies particularly in respect of a Directive which has the objective of protecting human health from the adverse effects of any contamination of water intended for human consumption. Therefore, in accordance with the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters(37), members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being. In addition, where a large number of persons are in a 'mass harm situation', due to the same illegal practices relating to the violation of rights granted by this Directive, they should have the possibility to use collective redress mechanisms, where such mechanisms have been established by Member States in line with Commission Recommendation 2013/396/EU(38).

(28)  In order to adapt this Directive to scientific and technical progress or to specify monitoring requirements for the purposes of the hazard and domestic distribution risk assessments, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to amend Annexes I to IV to this Directive, and take measures necessary under the changes set out under Article 10a. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. In addition, the empowerment laid down in Annex I, part C, Note 10, of Directive 98/83/EC, to set monitoring frequencies and monitoring methods for radioactive substances has become obsolete due to the adoption of Council Directive 2013/51/Euratom(39) and should therefore be deleted. The empowerment laid down in the second subparagraph of part A of Annex III to Directive 98/83/EC concerning amendments of the Directive is no longer necessary and should be deleted. [Am. 35]

(29)  In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission for the adoption of the format of, and modalities to present, the information on water intended for human consumption to be provided to all persons supplied, as well as for the adoption of the format of, and modalities to present, the information to be provided by Member States and compiled by the European Environmental Agency on the implementation of this Directive. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(40).

(30)  Without prejudice to the requirements of Directive 2008/99/EC of the European Parliament and of the Council(41), Member States should lay down rules on penalties applicable to infringements of the provisions of this Directive and ensure that they are implemented. The penalties should be effective, proportionate and dissuasive.

(31)  Directive 2013/51/Euratom lays down specific arrangements for the monitoring of radioactive substances in water intended for human consumption. Therefore, this Directive should not set out parametric values on radioactivity.

(32)  Since the objective of this Directive, namely the protection of human health, 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 the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(33)  The obligation to transpose this Directive into national law should be confined to those provisions which represent a substantive amendment as compared to the earlier Directives. The obligation to transpose the provisions which are unchanged arises under the earlier Directives.

(34)  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 V, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Objective

1.  This Directive concerns the quality of water intended for human consumption for all in the Union. [Am. 36]

2.  The objective of this Directive shall be to protect human health from the adverse effects of any contamination of water intended for human consumption by ensuring that it is wholesome and clean, and to provide universal access to water intended for human consumption. [Am. 163, 189, 207 and 215]

Article 2

Definitions

For the purposes of this Directive:

1.  ‘water intended for human consumption’ shall mean all water either in its original state or after treatment, intended for drinking, cooking, food preparation or production, or for other food purposes, or other domestic purposes in both public and private premises, including food businesses, regardless of its origin and whether it is supplied from a distribution network, supplied from a tanker or, for spring waters, put in bottles or containers. [Am. 38]

2.  ‘domestic distribution system’ shall mean the pipework, fittings and appliances which are installed between the taps that are normally used for human consumption in both public and private premises and the distribution network but only if they are not the responsibility of the water supplier, in its capacity as a water supplier, according to the relevant national law. [Am. 39 not concerning all languages]

3.  'water supplier' shall mean an a legal entity supplying at least 10 m3 of water intended for human consumption a day as an average. [Am. 40]

3a.  'very small water supplier' shall mean a water supplier supplying less than 50 m3 per day or serving less than 250 people. [Am. 41]

4.  'small water supplier' shall mean a water supplier supplying less than 500 m3 per day or serving less than 5 000 2 500 people. [Am. 42]

4a.  'medium water supplier' shall mean a water supplier supplying at least 500 m3 per day or serving at least 2 500 people. [Am. 43]

5.  'large water supplier' shall mean a water supplier supplying at least 500 5 000 m3 per day or serving at least 5 000 25 000 people. [Am. 44]

6.  'very large water supplier' shall mean a water supplier supplying at least 5 000 20 000 m3 per day or serving at least 50 000 100 000 people. [Am. 45]

7.  'priority premises' shall mean large non-household premises with many users people, in particular vulnerable people, potentially exposed to water-related risks, such as hospitals, healthcare institutions, retirement homes, schools, universities and other education facilities, crèches and nurseries, sport, recreation, leisure and exhibition facilities, buildings with a lodging facility, penal institutions and campgrounds, as identified by Member States. [Am. 46]

8.  'vulnerable and marginalised groups' shall mean people isolated from society, as a result of discrimination or of a lack of access to rights, resources, or opportunities, and who are more exposed to a range of possible risks relating to their health, safety, lack of education, engagement in harmful practices, or other risks, compared to the rest of society.

8a.   ‘food business’ shall mean a food business as defined in point (2) of Article 3 of Regulation (EC) No 178/2002. [Am. 47]

Article 3

Exemptions

1.  This Directive shall not apply to:

(a)  natural mineral waters recognised as such by the responsible authority, as referred to in Directive 2009/54/EC;

(b)  waters which are medicinal products within the meaning of Directive 2001/83/EC.

1a.  For water used in food businesses for the manufacture, processing, preservation or marketing of products or substances intended for human consumption, only Articles 4, 5, 6 and 11 of this Directive shall apply. However, none of the articles of this Directive shall apply where an operator of a food business can demonstrate to the satisfaction of the competent national authorities that the quality of the water it uses does not affect the hygiene of the products or substances resulting from its activities and that such products or substances comply with Regulation (EC) No 852/2004 of the European Parliament and of the Council(42). [Am. 48]

1b.  A producer of water intended for human consumption that is put into bottles or containers shall not be considered a water supplier.

Provisions of this Directive shall apply to water intended for human consumption put into bottles or containers insofar as they are not covered by obligations under other Union legislation. [Am. 49]

1c.  Maritime vessels that desalinate water, carry passengers and act as water suppliers shall only be subject to Articles 1 to 7 and 9 to 12 of this Directive and its Annexes. [Am. 50]

2.  Member States may exempt from the provisions of this Directive:

(a)  water intended exclusively for those purposes for which the competent authorities are satisfied that the quality of the water has no influence, either directly or indirectly, on the health of the consumers concerned;

(b)  water intended for human consumption from an individual supply providing less than 10 m3 a day as an average or serving fewer than 50 persons, unless the water is supplied as part of a commercial or public activity.

3.  Member States that have recourse to the exemptions provided for in paragraph 2(b) shall ensure that the population concerned is informed thereof and of any action that can be taken to protect human health from the adverse effects resulting from any contamination of water intended for human consumption. In addition, when a potential danger to human health arising out of the quality of such water is apparent, the population concerned shall promptly be given appropriate advice.

Article 4

General obligations

1.  Without prejudice to their obligations under other Union provisions, Member States shall take the measures necessary to ensure that water intended for human consumption is wholesome and clean. For the purposes of the minimum requirements of this Directive, water intended for human consumption shall be wholesome and clean if it meets all the following conditions:

(a)  it is free from any micro-organisms and parasites and from any substances which, in numbers or concentrations, constitute a potential danger to human health;

(b)  it meets the minimum requirements set out in Annex I, Parts A and B;

(c)  Member States have taken all other measures necessary to comply with the requirements set out:

(i)   in Articles 5 4 to 12 of this Directive for water intended for human consumption supplied to the final consumers from a distribution network or from a tanker;

(ii)  in Articles 4, 5 and 6 and Article 11(4) of this Directive for water intended for human consumption put into bottles or containers in a food business;

(iii)  in Articles 4, 5, 6 and 11 of this Directive for water intended for human consumption produced and used in a food business for the production, processing and distribution of food. [Am. 51]

2.  Member States shall ensure that the measures taken to implement this Directive adhere fully to the precautionary principle and in no circumstances have the effect of allowing, directly or indirectly, any deterioration of the present quality of water intended for human consumption or any increase in the pollution of waters used for the production of water intended for human consumption. [Am. 52]

2a.  Member States shall take measures to ensure that competent authorities carry out an assessment of the water leakage levels on their territory and of the potential for improvements in water leakage reduction in the drinking water sector. That assessment shall take into account relevant public health, environmental, technical and economic aspects. Member States shall adopt, by 31 December 2022, national targets to reduce the leakage levels of water suppliers in their territory by 31 December 2030. Member States may provide meaningful incentives to ensure that water suppliers in their territory meet the national targets. [Am. 53]

2b.  If a competent authority in charge of the production and distribution of water intended for human consumption hands over the management of all or part of the water production or supply activities to a water supplier, the contract between the competent authority and the water supplier shall specify each party’s responsibilities under this Directive. [Am. 54]

Article 5

Quality standards

1.  Member States shall set values applicable to water intended for human consumption for the parameters set out in Annex I, which shall not be less stringent than the values set out therein. [Am. 55]

1a.  The values set pursuant to paragraph 1 shall not be less stringent than those set out in Parts A, B and Ba of Annex I. As regards the parameters set out in Part Ba of Annex I, the values shall be set only for monitoring purposes and for the sake of ensuring that the requirements set out in Article 12 are met. [Am. 56]

2.  A Member State shall set values for additional parameters not included in Annex I where the protection of human health within its national territory or part of it so requires. The values set shall, as a minimum, satisfy the requirements of Article 4(1)(a).

The Member States shall take all necessary measures to ensure that the treatment agents, the materials, and the disinfection procedures used for disinfection purposes in water supply systems do not adversely affect the quality of water intended for human consumption. Any contamination of water intended for human consumption from the use of such agents, materials and procedures shall be minimised without, however, compromising the effectiveness of the disinfection. [Am. 57]

Article 6

Point of compliance

The parametric values set in accordance with Article 5 for the parameters listed in Annex I, parts A, and B and C, shall be complied with: [Am. 58]

(a)  in the case of water supplied from a distribution network, at the point, within premises or an establishment, at which it emerges from the taps that are normally used for human consumption;

(b)  in the case of water supplied from a tanker, at the point at which it emerges from the tanker;

(c)  in the case of spring waters water intended for human consumption put into bottles or containers, at the point at which the water is put into the bottles or containers.; [Am. 59]

(ca)  in the case of water used in a food business where water is supplied by a water supplier, at the point of delivery in the food business. [Am. 60]

1a.  In the case of water covered by point (a) of paragraph 1, Member States shall be deemed to have fulfilled their obligations under this Article, where it can be established that non-compliance with the parameters provided for in Article 5 is caused by a private distribution system or the maintenance thereof, except as regards priority premises. [Am. 61]

Article 7

Risk-based approach to water safety

1.  Member States shall ensure that the supply, treatment and distribution of water intended for human consumption is subject to a risk-based approach, composed of the following elements:

(a)  a hazard assessment of bodies of water or parts of bodies of water used for the abstraction of water intended for human consumption, carried out by Member States in accordance with Article 8; [Am. 62]

(b)  a supply risk assessment carried out by the water suppliers in each water supply system for the purposes of safeguarding and monitoring the quality of the water they supply, in accordance with Article 9 and Annex II, part C; [Am. 63]

(c)  a domestic distribution risk assessment, in accordance with Article 10.

1a.  Member States may adapt the implementation of the risk-based approach, without compromising the objective of this Directive concerning the quality of water intended for human consumption and the health of consumers, when there are particular constraints due to geographical circumstances such as remoteness or accessibility of water supply zone. [Am. 64]

1b.  Member States shall ensure a clear and appropriate distribution of responsibilities between stakeholders, as defined by the Member States, for the application of the risk-based approach with regard to the bodies of water used for the abstraction of water intended for human consumption and domestic distribution systems. Such distribution of responsibilities shall be tailored to their institutional and legal framework. [Am. 65]

2.  Hazard assessments shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, taking account of the requirement, provided for in Article 7 of Directive 2000/60/EC, for Member States to identify bodies of water, and updated where necessary. [Am. 66]

3.  Supply risk assessments shall be carried out by very large water suppliers and large water suppliers by [3 years after the end-date for transposition of this Directive], and by small water suppliers by [6 years after the end-date for transposition of this Directive]. They shall be reviewed at regular intervals of no longer than 6 years, and updated where necessary. [Am. 67]

3a.  Pursuant to Articles 8 and 9 of this Directive, Member States shall take the necessary corrective measures under the programmes of measures and river basin management plans provided for in Articles 11 and 13 of Directive 2000/60/EC respectively. [Am. 68]

4.  Domestic distribution risk assessments in the premises referred to in Article 10(1) shall be carried out by [3 years after the end-date for transposition of this Directive]. They shall be reviewed every 3 years, and updated where necessary. [Am. 69]

Article 8

Hazard assessment, monitoring and management of bodies of water used for the abstraction of water intended for human consumption [Am. 70]

1.  Without prejudice to Articles 6 and 7 of Directive 2000/60/EC, in particular Articles 4 to 8, Member States shall, in cooperation with their competent water authorities, ensure that a hazard assessment is performed covering the bodies of water used for the abstraction of water intended for human consumption that provide more than 10 m3 a day as an average. The hazard assessment shall include the following elements: [Am. 71]

(a)  identification of and geo-references for all abstraction points in the bodies or parts of bodies of water covered by the hazard assessment. Given that the data referred to in this point are potentially sensitive, in particular in the context of public health protection, the Member States shall ensure that such data are protected and communicated only to the relevant authorities; [Am. 72]

(b)  mapping of the safeguard zones, where those zones have been established in accordance with Article 7(3) of Directive 2000/60/EC, and the protected areas referred to in Article 6 of that Directive; [Am. 73]

(c)  identification of hazards and possible pollution sources affecting the bodies of water covered by the hazard assessment. Such research and identification of pollution sources shall be regularly updated to detect new substances that affect micro-plastics, notably PFAS. To that end, Member States may use the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive; [Am. 216]

(d)  regular monitoring in the bodies or parts of bodies of water covered by the hazard assessment of relevant pollutants that are relevant for the water supply and that are selected from the following lists: [Am. 75]

(i)  parameters listed in parts A and B of Annex I to this Directive;

(ii)  groundwater pollutants listed in Annex I to Directive 2006/118/EC of the European Parliament and of the Council(43), and pollutants and indicators of pollution for which threshold values have been established by Member States in accordance with Annex II to that Directive;

(iii)  priority substances and certain other pollutants listed in Annex I to Directive 2008/105/EC of the European Parliament and of the Council(44);

(iv)  parameters for monitoring purposes only in Part Ca of Annex I, or other relevant pollutants, such as microplastics, provided that a methodology to measure microplastics as specified in Article 11(5b) is in place, or river basin specific pollutants established by Member States on the basis of the review of the impact of human activity undertaken in accordance with Article 5 of Directive 2000/60/EC and information on significant pressures collected in accordance with point 1.4 of Annex II to that Directive. [Am. 76]

Member States shall select from points (i) to (iv) for monitoring the parameters, substances or pollutants that are considered relevant in light of the hazards identified under point (c) or in light of the information provided by the water suppliers in accordance with paragraph 2.

For the purpose of the regular monitoring, as well as for the purpose of detecting new harmful substances through new investigations, Member States may use the monitoring carried out, and the investigation capacity provided for, in accordance with other Union legislation. [Am. 217]

Very small water suppliers may be exempted from the requirements referred to in points (a), (b) and (c) of this paragraph, provided that the competent authority has prior and up to date documented knowledge of the relevant parameters referred to in those points. This exemption shall be reviewed by the competent authority at least every three years and updated where necessary. [Am. 77]

2.  Those water suppliers that monitor their raw water for the purposes of operational monitoring shall be required to inform the competent authorities of trends and of unusual concentrations of monitored parameters, substances or pollutants.

3.  Member States shall inform water suppliers using the body of water covered by the hazard assessment of the results of the monitoring carried out under paragraph 1(d) and may, on the basis of those monitoring results:

(a)  require water suppliers to carry out additional monitoring or treatment of certain parameters;

(b)  allow water suppliers to decrease the monitoring frequency of certain parameters, without being required to carry out a supply risk assessment, provided that they are not core parameters within the meaning of Annex II, part B, point 1, and provided that no factor that can be reasonably anticipated is likely to cause deterioration of the quality of the water. [Am. 78]

4.  In such cases where a water supplier is allowed to decrease the monitoring frequency as referred to in paragraph 2(b), Member States shall continue to regularly monitor those parameters in the body of water covered by the hazard assessment. [Am. 79]

5.  On the basis of the information collected under paragraphs 1 and 2 and gathered under Directive 2000/60/EC, Member States shall take the following measures in cooperation with water suppliers and other stakeholders, or ensure that those measures are taken by the water suppliers: [Am. 80]

(a)  prevention measures to reduce the level of treatment required and to safeguard the water quality, including measures referred to in Article 11(3)(d) of Directive 2000/60/EC; [Am. 178]

(aa)  ensure that polluters, in cooperation with water suppliers and other relevant stakeholders, take preventive measures to reduce or avoid the level of treatment required and to safeguard the water quality, including measures referred to in point (d) of Article 11(3) of Directive 2000/60/EC as well as additional measures deemed necessary on the basis of the monitoring carried out under point (d) of paragraph 1 of this Article; [Am. 82]

(b)  mitigating measures, which are considered necessary on the basis of the monitoring carried out under paragraph 1(d), in order to identify and address the pollution source and avoid any additional treatment, when prevention measures are considered not viable or not effective enough to address the pollution source in a timely manner;. [Am. 83]

(ba)  where measures set out in points (aa) and (b) have not been deemed sufficient to provide adequate protection for human health, require water suppliers to carry out additional monitoring of certain parameters at the point of abstraction or treatment, if strictly necessary to prevent health risks. [Am. 84]

Member States shall regularly review any such measure.

5a.  Member States shall inform water suppliers using the body or parts of bodies of water covered by the hazard assessment of the results of the monitoring carried out under point (d) of paragraph 1 and may, on the basis of those monitoring results, and of the information collected under paragraphs 1 and 2 and gathered under Directive 2000/60/EC:

(a)  allow water suppliers to decrease the monitoring frequency of certain parameters, or the number of parameters being monitored, without requiring them to carry out a supply risk assessment, provided that the parameters concerned are not core parameters within the meaning of point 1 of Part B of Annex II, and provided that no factor that can be reasonably anticipated is likely to cause deterioration of the quality of the water;

(b)  where a water supplier is allowed to decrease the monitoring frequency as referred to in point (a), continue to regularly monitor those parameters in the body of water covered by the hazard assessment. [Am. 85]

Article 9

Supply risk assessment, monitoring and management [Am. 86]

1.  Member States shall ensure that water suppliers perform a supply risk assessment in accordance with Part C of Annex II, providing for the possibility to adjust the monitoring frequency for any parameter listed in Annex I, parts A, and B and Ba that are not core parameters according to part B of Annex II, depending on their occurrence in the raw water. [Am. 87]

For those parameters Member States shall ensure that water suppliers can deviate from the sampling frequencies set out in Annex II, part B, in accordance with the specifications set out in Annex II, part C of Annex II, and depending on their occurrence in the raw water and the treatment set-up. [Am. 88]

To that end, water suppliers shall be required to take into account the results of the hazard assessment carried out in accordance with Article 8 of this Directive and of the monitoring carried out pursuant to Article 7(1) and Article 8 of Directive 2000/60/EC. [Am. 89]

1a.  Member States may exempt very small water suppliers from paragraph 1, provided that the competent authority has prior and up to date documented knowledge of the relevant parameters and deems there to be no risk to human health as a result of such exemptions, and without prejudice to the authority’s obligations under Article 4.

The exemption shall be reviewed by the competent authority every three years or when any new pollution hazard is detected in the catchment area, and updated where necessary. [Am. 90]

2.  Supply risk assessments shall be approved by the competent authorities responsibility of the water suppliers who shall ensure that they comply with this Directive. To this end, water suppliers may request the support of competent authorities.

Member States may require competent authorities to approve or monitor water suppliers’ supply risk assessments. [Am. 91]

2a.  On the basis of the results of the supply risk assessment carried out pursuant to paragraph 1, Member States shall ensure that water suppliers establish a water safety plan tailored to the risks identified and proportionate to the size of the water supplier. By way of example, that water safety plan may concern the use of materials in contact with water, water treatment products, possible risks stemming from leaking pipes, or measures to adapt to present and future challenges, such as climate change, and shall be further specified by the Member States. [Am. 92]

Article 10

Domestic distribution risk assessment, monitoring and management [Am. 93]

1.  Member States shall ensure that a domestic distribution risk assessment is performed in priority premises, comprising the following elements: [Am. 94]

(a)  an assessment of the potential risks associated with the domestic distribution systems, and with the related products and materials, and whether they affect the quality of water at the point where it emerges from the taps normally used for human consumption, in particular where water is supplied to the public in priority premises; [Am. 95]

(b)  regular monitoring of the parameters listed in Annex I, part C, in priority premises where the potential danger to human health is considered highest. Relevant parameters and premises for monitoring shall be selected on the basis of specific risks to water quality have been identified during the assessment performed under point (a). [Am. 96]

With regard to the regular monitoring, Member States shall ensure access referred to installations in priority premises for the first subparagraph, Member States purposes of sampling and may set up a monitoring strategy focusing on priority premises, in particular as regards Legionella pneumophila; [Am. 97]

(c)  a verification of whether the performance of construction products and materials in contact with water intended for human consumption is adequate in relation to the essential characteristics linked to the basic requirement for construction works specified in point 3(e) of Annex I to Regulation (EU) No 305/2011 protection of human health. [Am. 98]

(ca)  a verification of whether the materials used are suitable for contact with water intended for human consumption and whether the requirements specified in Article 11 are met. [Am. 99]

2.  Where Member States consider, on the basis of the assessment carried out under paragraph 1(a), that there is a risk to human health stemming from the domestic distribution system in priority premises or from the related products and materials, or where monitoring carried out in accordance with paragraph 1(b) demonstrates that the parametric values set out in Annex I, part C, are not met, Member States shall ensure that appropriate measures are taken to eliminate or reduce the risk of non-compliance with the parametric values set out in Part C of Annex I.:

(a)  take appropriate measures to eliminate or reduce the risk of non-compliance with the parametric values set out in Annex I, part C;

(b)  take all necessary measures to ensure that the migration of substances or chemicals from construction products used in the preparation or distribution of water intended for human consumption does not, either directly or indirectly, endanger human health;

(c)  take other measures, such as appropriate conditioning techniques, in cooperation with water suppliers, to change the nature or properties of the water before it is supplied so as to eliminate or reduce the risk of non-compliance with the parametric values after supply;

(d)  duly inform and advise consumers about the conditions of consumption and use of the water and about possible action to avoid the risk from reoccurring;

(e)  organise training for plumbers and other professionals dealing with domestic distribution systems and the installation of construction products;

(f)  for Legionella, ensure that effective control and management measures are in place to prevent and address possible disease outbreaks. [Am. 100]

2a.  With a view to reducing the risks connected to domestic distribution across all the domestic distribution systems, Member States shall:

(a)  encourage owners of public and private premises to carry out a domestic distribution risk assessment;

(b)  inform consumers and owners of public and private premises about measures to eliminate or reduce the risk of non-compliance with the quality standards for water intended for human consumption due to the domestic distribution system;

(c)  duly inform and advise consumers about the conditions of consumption and use of the water and about possible action to avoid the risk from reoccurring;

(d)  promote training for plumbers and other professionals dealing with domestic distribution systems and the installation of construction products and materials in contact with water; and

(e)  for Legionella, in particular Legionella pneumophila, ensure that effective control and management measures which are proportionate to the risk are in place to prevent and address possible outbreaks of the disease. [Am. 101]

Article 10a

Minimum hygiene requirements for products, substances and materials in contact with water intended for human consumption

1.   Member States shall take all necessary measures to ensure that substances and materials for the manufacture of all new products in contact with water intended for human consumption, placed on the market and used for abstraction, treatment or distribution, or the impurities associated with such substances:

(a)  do not directly or indirectly reduce the protection of human health provided for in this Directive;

(b)  do not affect the smell or taste of water intended for human consumption;

(c)  are not present in water intended for human consumption at a concentration above the level necessary to achieve the purpose for which they are used; and

(d)  do not promote microbial growth.

2.   For the purposes of ensuring the harmonised application of paragraph 1, by ... [three years after the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 19 in order to supplement this Directive by laying down the minimum hygiene requirements and the list of substances that are used for production of materials in contact with water intended for human consumption, and are approved in the Union, including specific migration limits and special conditions of use wherever applicable. The Commission shall regularly review and update this list in line with the latest scientific and technological developments.

3.  In order to support the Commission in adopting and amending the delegated acts pursuant to paragraph 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.

4.  Materials in contact with water intended for human consumption, which are covered by other Union legislation, such as Regulation (EU) No 305/2011 of the European Parliament and of Council(45), shall comply with paragraphs 1 and 2 of this Article. [Am. 102]

Article 11

Monitoring

1.  Member States shall take all measures necessary to ensure that regular monitoring of the quality of water intended for human consumption is carried out, in order to check that the water available to consumers it meets the requirements of this Directive and in particular the parametric values set in accordance with Article 5. Samples shall be taken so that they are representative of the quality of the water consumed throughout the year. In addition, Member States shall take all measures necessary to ensure that, where disinfection forms part of the preparation or distribution of water intended for human consumption, the efficiency of the disinfection treatment applied is verified, and that any contamination from disinfection by-products is kept as low as possible without compromising the disinfection. [Am. 103]

2.  To meet the obligations imposed in paragraph 1, appropriate monitoring programmes shall be established in accordance with Annex II, Part A for all water intended for human consumption. Those monitoring programmes shall consist of the following elements:

(a)  monitoring of the parameters listed in Annex I, parts A and B, and of the parameters set in accordance with Article 5(2), in accordance with Annex II, and, where a supply risk assessment is performed, in accordance with Article 9;

(b)  monitoring of the parameters listed in Annex I, part C, for the purposes of the domestic distribution risk assessment, as provided for under Article 10(1)(b);

(c)  monitoring, for the purposes of the hazard assessment, as provided for under Article 8(1)(d).

3.  The sampling points shall be determined by the competent authorities and shall meet the relevant requirements set out in Annex II, part D.

4.  Member States shall comply with the specifications for the analyses of parameters set out in Annex III , in accordance with the following principles:

(a)  methods of analysis other than those specified in Annex III, Part A, may be used, provided that it can be demonstrated that the results obtained are at least as reliable as those produced by the methods specified by providing the Commission with all relevant information concerning such methods and their equivalence;

(b)  for those parameters listed in Annex III, Part B, any method of analysis may be used provided that it meets the requirements set out therein.

5.  Member States shall ensure that additional monitoring is carried out on a case-by-case basis of substances and micro-organisms for which no parametric value has been set in accordance with Article 5, if there is reason to suspect that they may be present in amounts or numbers which constitute a potential danger to human health.

5a.  Member States shall communicate to the Commission the results of the monitoring carried out in accordance with the monitoring of parameters listed in Part Ca of Annex I by ... [three years from the date of entry into force of this Directive], and thereafter once a year.

The Commission is empowered to adopt delegated acts in accordance with Article 19 in order to amend this Directive by updating the substances included on the watch list set out in Part Ca of Annex I. The Commission may decide to add substances where there is a risk of such substances being present in water intended for human consumption and posing a potential risk to human health, but in respect of which scientific knowledge has not demonstrated a risk to human health. To that end, the Commission shall make use in particular of the scientific research of the WHO. The addition of any new substance shall be duly justified under Article 1 of this Directive. [Am. 104]

5b.  By ... [one year after the date of entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 19 in order to supplement this Directive by adopting a methodology to measure the microplastics listed in the watch list set out in Part Ca of Annex I. [Am. 105]

Article 12

Remedial action and restrictions in use

1.  Member States shall ensure that any failure to meet the parametric values set in accordance with Article 5 at the point of compliance referred to in Article 6 is immediately investigated in order to identify the cause. [Am. 106]

2.  If, despite the measures taken to meet the obligations imposed in Article 4(1), water intended for human consumption does not meet the parametric values set in accordance with Article 5, the Member State concerned shall ensure that the necessary remedial action is taken as soon as possible to restore its quality and shall give priority to their enforcement action, having regard inter alia to the extent to which the relevant parametric value has been exceeded and to the potential danger to human health.

In case of non-compliance with the parametric values set out in Annex I, part C, remedial action shall include the measures set out in points (a) to (f) of Article 10(2a). [Am. 107]

3.  Regardless of whether any failure to meet the parametric values has occurred, Member States shall ensure that any supply of water intended for human consumption which constitutes a potential danger to human health is prohibited or its use restricted and that any other remedial action is taken that is necessary to protect human health.

Member States shall automatically consider any a failure to meet the minimum requirements for parametric values set out in Annex I, parts A and B, as a potential danger to human health, except where the competent authorities consider the non-compliance with the parametric value to be trivial. [Am. 108]

4.  In the cases described in paragraphs 2 and 3, where the non-compliance with the parametric values is considered to be a potential danger to human health, Member States shall as soon as possible take all of the following measures: [Am. 109]

(a)  notify all affected consumers of the potential danger to human health and its cause, of the exceedance of a parametric value and of the remedial actions taken, including prohibition, restriction or other action;

(b)  give, and regularly update, the necessary advice to consumers on conditions of consumption and use of the water, taking particular account of potential vulnerable groups;

(c)  inform consumers once it has been established that there is no longer a potential danger to human health and inform them that the service has resumed back to normal.

The measures referred to in points (a), (b) and (c) shall be taken in cooperation with the water supplier concerned. [Am. 110]

5.  Where non-compliance is established at the point of compliance, the competent authorities or other relevant bodies shall decide what action under paragraph 3 shall be taken, bearing in mind the risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption. [Am. 111]

Article 12a

Derogations

1.  Member States may provide for derogations from the parametric values set out in Part B of Annex I, or set in accordance with Article 5(2), up to a maximum value to be determined by them, provided that such derogations do not constitute a potential danger to human health and provided that the supply of water intended for human consumption in the area concerned cannot otherwise be maintained by any other reasonable means. Such derogations shall be limited to the following cases:

(a)  a new water supply zone;

(b)  a new source of pollution detected in a water supply zone or parameters newly searched or detected.

Derogations shall be limited to as short a time as possible and shall not exceed three years in duration, towards the end of which period Member States shall conduct a review to determine whether sufficient progress has been made.

In exceptional circumstances, a Member State may grant a second derogation in respect of points (a) and (b) of the first subparagraph. Where a Member State intends to grant such a second derogation, it shall communicate the review, along with the grounds for its decision on the second derogation, to the Commission. Such second derogation shall not exceed three years in duration.

2.  Any derogation granted in accordance with paragraph 1 shall specify the following:

(a)  the grounds for the derogation;

(b)  the parameter concerned, previous relevant monitoring results, and the maximum permissible value under the derogation;

(c)  the geographical area, the quantity of water supplied each day, the population concerned and whether or not any relevant food-production undertaking would be affected;

(d)  an appropriate monitoring scheme, with an increased monitoring frequency where necessary;

(e)  a summary of the plan for the necessary remedial action, including a timetable for the work and an estimate of the cost and provisions for reviewing; and

(f)  the required duration of the derogation.

3.  If the competent authorities consider the non-compliance with the parametric value to be trivial, and if action taken in accordance with Article 12(2) is sufficient to remedy the problem within 30 days, the information provided for in paragraph 2 of this Article need not be specified in the derogation.

In that event, only the maximum permissible value for the parameter concerned and the time allowed to remedy the problem shall be set by the competent authorities or other relevant bodies in the derogation.

4.  Recourse may no longer be had to paragraph 3, if failure to comply with any one parametric value for a given water supply has occurred on more than 30 days on aggregate during the previous 12 months.

5.  Any Member State which has had recourse to the derogations provided for in this Article shall ensure that the population affected by any such derogation is promptly informed in an appropriate manner of the derogation and of the conditions governing it. In addition, the Member State shall, where necessary, ensure that advice is given to particular population groups for which the derogation could present a special risk.

The obligations referred to in the first subparagraph shall not apply in the circumstances described in paragraph 3 unless the competent authorities decide otherwise.

6.  With the exception of derogations granted in accordance with paragraph 3, a Member State shall inform the Commission within two months of any derogation concerning an individual supply of water exceeding 1 000 m3 a day as an average or serving more than 5 000 people, including the information specified in paragraph 2.

7.  This Article shall not apply to water intended for human consumption offered for sale in bottles or containers. [Am. 112]

Article 13

Access to water intended for human consumption

1.  Without prejudice to Article 9 of Directive 2000/60/EC and to the principles of subsidiarity and proportionality, Member States shall, whilst taking into account the local and regional perspectives and circumstances for water distribution, take all necessary measures to improve universal access for all to water intended for human consumption and promote its use on their territory. This shall include all of the following measures:

(a)  identifying people without access, or with limited access, to water intended for human consumption, including vulnerable and marginalised groups, and reasons for lack of access (such as belonging to a vulnerable and marginalised group), assessing possibilities and taking actions to improve access for those people and informing them about possibilities of connecting to the distribution network or about alternative means to have access to such water;

(aa)   ensuring the public supply of water intended for human consumption;

(b)  setting up and maintaining outdoors and indoors equipment, including refill points, for free access to water intended for human consumption in public spaces, particularly in areas of high footfall; this shall be done where technically feasible, in a manner that is proportionate to the need for such measures and taking into account specific local conditions, such as climate and geography;

(c)  promoting water intended for human consumption by:

(i)  launching campaigns to inform citizens about the high quality of such tap water and to raise awareness of the nearest designated refill point;

(ia)  launching campaigns to encourage the general public to carry reusable water bottles and launching initiatives to raise awareness of the location of refill points;

(ii)  encouraging ensuring the free provision of such water in administrations and public buildings, as well as discouraging the use of water put in single use plastic bottles or containers in such administrations and buildings;

(iii)  encouraging the free provision of such water for free or for a low service fee, for customers in restaurants, canteens, and catering services. [Am. 113, 165, 191, 208, 166, 192, 169, 195, 170, 196, 197 and 220]

2.  On the basis of the information gathered under paragraph 1(a), Member States shall take all necessary measures that they consider necessary and appropriate to ensure access to water intended for human consumption for vulnerable and marginalised groups. [Am. 114]

In case those groups do not have access to water intended for human consumption, Member States shall immediately inform them of the quality of the water they are using and of any action that can be taken to avoid adverse effects on human health resulting from any contamination of that water.

2a.   Where obligations laid down in this Article are incumbent on local public authorities under national law, Member States shall ensure that such authorities have the means and resources to ensure access to water intended for human consumption and that any measures in that regard are proportionate to the capacities and size of the distribution network concerned. [Am. 173, 199 and 209]

2b.   Taking into account the data collected under the provisions set out in point (a) of Article 15(1), the Commission shall collaborate with Member States and the European Investment Bank to support municipalities in the Union which lack the necessary capital in order to enable them to access technical assistance, available Union funding and long-term loans at a preferential interest rate, particularly for the purpose of maintaining and renewing water infrastructure in order to ensure the provision of high quality water, and to extend water and sanitation services to vulnerable and marginalised population groups. [Am. 174, 200 and 210]

Article 14

Information to the public

1.  Member States shall ensure that adequate, and up-to-date and accessible information on water intended for human consumption is available, online or in other user-friendly ways, to all persons supplied, in accordance with Annex IV, while complying with applicable data protection rules. [Am. 116]

2.  Member States shall ensure that all persons supplied receive regularly and at least once a year, and in the most appropriate and easily accessible form (for instance on their invoice or by smart applications) without having to request it, as determined by the competent authorities, the following information: [Am. 117]

(a)  where costs are recovered through a tariff system, information on the cost structure of the tariff charged per cubic metre of water intended for human consumption, including the distribution of fixed and variable costs, presenting at least costs related to the following elements:; [Am. 118]

(i)  measures taken by water suppliers for the purposes of the hazard assessment pursuant to Article 8(5); [Am. 119]

(ii)  treatment and distribution of water intended for human consumption; [Am. 120]

(iii)  waste water collection and treatment; [Am. 121]

(iv)  measures taken pursuant to Article 13, in case such measures have been taken by water suppliers; [Am. 122]

(aa)  information on the quality of water intended for human consumption, including the indicator parameters; [Am. 123]

(b)  where the costs are recovered through a tariff system, the price of the supply of water intended for human consumption supplied per litre and cubic metre, and the price invoiced per litre; where the costs are not recovered through a tariff system, the total annual costs borne by the water system to ensure compliance with this Directive, accompanied by contextual and relevant information on how water intended for human consumption is supplied to the area; [Am. 124]

(ba)   the treatment and distribution of water intended for human consumption; [Am. 125]

(c)  the volume consumed by the household, at least per year or per billing period, together with yearly trends of household consumption, if technically feasible and only if this information is available to the water supplier; [Am. 126]

(d)  comparisons of the yearly water consumption of the household with an average consumption for a household in the same category, when applicable in accordance with point (c); [Am. 127]

(e)  a link to the website containing the information set out in Annex IV.

Member States shall set out a clear division of responsibilities with regard to the provision of information under the first subparagraph between water suppliers, stakeholders and competent local bodies. The Commission may is empowered to adopt implementing delegated acts in accordance with Article 19 supplementing this Directive by specifying the format of, and modalities to present, the information to be provided under the first subparagraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 20(2). [Am. 128]

3.  Paragraphs 1 and 2 are without prejudice to Directives 2003/4/EC and 2007/2/EC.

Article 15

Information on monitoring of implementation

1.  Without prejudice to Directive 2003/4/EC and Directive 2007/2/EC, Member States, assisted by the European Environment Agency, shall:

(a)  set up by … [6 years after the end-date for transposition of this Directive], and update every 6 years thereafter, a data set containing information on the measures taken under Article 13, and on the share of their population that has access to water intended for human consumption;

(b)  set up by … [3 years after the end-date for transposition of this Directive], and update every 3 years thereafter, a data set containing the hazard and domestic distribution risk assessments performed in accordance with Articles 8 and 10, respectively, including the following elements:

(i)  the abstraction points identified under Article 8(1)(a);

(ii)  the monitoring results collected in accordance with Article 8(1)(d) and Article 10(1)(b); and

(iii)  concise information on measures taken pursuant to Article 8(5) and Article 10(2);

(c)  set up, and update annually thereafter, a data set containing monitoring results, in cases of exceedances of the parametric values set in Annex I, parts A and B, collected in accordance with Articles 9 and 11 and information about the remedial actions taken in accordance with Article 12;

(d)  set up, and update annually thereafter, a data set containing information on drinking water incidents that have caused potential danger risk to human health, regardless of whether any failure to meet the parametric values occurred, that lasted for more than 10 consecutive days and that affected at least 1 000 people, including the causes of those incidents and remedial actions taken in accordance with Article 12. [Am. 129]

Where possible, spatial data services as defined in Article 3(4) of Directive 2007/2/EC shall be used to present those data sets.

2.  Member States shall ensure that the Commission, the European Environment Agency and the European Centre for Disease Prevention and Control have access to the data sets referred to in paragraph 1.

3.  The European Environment Agency shall publish and update a Union-wide overview on the basis of the data collected by the Member States on a regular basis or following receipt of a request from the Commission.

The Union-wide overview shall include, as appropriate, indicators for outputs, results and impacts of this Directive, Union-wide overview maps and Member State overview reports.

4.  The Commission may is empowered to adopt implementing delegated acts in accordance with Article 19 supplementing this Directive by specifying the format of, and modalities to present, the information to be provided in accordance with paragraphs 1 and 3, including detailed requirements regarding the indicators, the Union-wide overview maps and the Member State overview reports referred to in paragraph 3. [Am. 130]

The implementing acts referred to in the first subparagraph shall be adopted in accordance with the examination procedure referred to in Article 20(2). [Am. 131]

Article 16

Access to justice

1.  Member States shall ensure that, natural or legal persons or their associations, organisations or groups, in accordance with national legislation or practice, have access to a review procedure before a court of law or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions, actions or omissions related to the implementation of Articles 4, 5, 12, 13, and 14, when one of the following conditions is fulfilled:

(a)  they have a sufficient interest;

(b)  they maintain the impairment of a right, where the administrative procedural law of the relevant Member State requires this as a precondition.

2.  Member States shall determine at what stage decisions, acts or omissions may be challenged.

3.  What constitutes a sufficient interest and impairment of a right shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice.

To that end, the interest of any non-governmental organisation promoting environmental protection and meeting the requirements under national law shall be deemed sufficient for the purposes of paragraph 1(a).

Such organisations shall also be deemed to have rights capable of being impaired for the purposes of paragraph 1(b).

4.  Paragraphs 1, 2 and 3 shall not exclude the possibility of a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to recourse to judicial review procedures, where such a requirement exists under national law.

5.  Any such review procedure referred to in paragraph 1 and 4 shall be fair, equitable, timely and not prohibitively expensive.

Member States shall ensure that information is made available to the public on access to administrative and judicial review procedures.

Article 17

Evaluation

1.  The Commission shall, by [12 years after the end-date for transposition of this Directive], carry out an evaluation of this Directive. The evaluation shall be based, inter alia, on the following elements:

(a)  the experience gathered with the implementation of this Directive;

(b)  the data sets from Member States set up in accordance with Article 15(1) and the Union-wide overviews compiled by the European Environment Agency in accordance with Article 15(3);

(c)  relevant scientific, analytical and epidemiological data;

(d)  World Health Organisation recommendations, where available.

2.  In the context of the evaluation, the Commission shall pay particular regard to the performance of this Directive concerning the following aspects:

(a)  the risk-based approach set out in Article 7;

(b)  provisions related to access to water set out in Article 13 and the share of the population without access to water; [Am. 132]

(c)  provisions concerning the information to be provided to the public under Article 14 and Annex IV, including a user friendly overview at Union level of the information listed in point 7 of Annex IV. [Am. 133]

2a.   The Commission shall, no later than ... [five years after the final deadline for transposition of this Directive] — and afterwards where appropriate — submit a report to the European Parliament and to the Council on the potential threat to sources of water intended for human consumption from microplastics, medicines and, if necessary, other newly occurring pollutants and on the appropriate associated potential health risks. The Commission is empowered to adopt, if necessary, delegated acts in accordance with Article 19 in order to supplement this Directive by establishing maximum levels for microplastics, medicinal products and other newly occurring pollutants in water intended for human consumption. [Am. 134]

Article 18

Review and amendment of Annexes

1.  At least every five years, the Commission shall review Annex I in the light of scientific and technical progress .

The Commission shall, on the basis of Member States' hazard and domestic distribution risk assessments contained in the data sets set up pursuant to Article 15, review Annex II and assess whether there is a need to adapt it or to introduce new monitoring specifications for the purposes of those risk assessments.

2.  The Commission is empowered to adopt delegated acts in accordance with Article 19 amending Annexes I to IV where necessary, to adapt them to scientific and technical progress or to specify monitoring requirements for the purposes of the hazard and domestic distribution risk assessments pursuant to Article 8(1)(d) and Article 10(1)(b).

2a.   By ... [five years after the date of entry into force of this Directive], the Commission shall review whether Article 10a has led to a sufficient level of harmonisation of hygienic requirements on materials and products in contact with water intended for human consumption and, if necessary, take further appropriate measures. [Am. 135]

Article 19

Exercise of the delegation

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

2.  The power to adopt delegated acts referred to in Article 18(2) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Directive].

3.  The delegation of power referred to in Article 18(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

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

6.  A delegated act adopted pursuant to Article 18(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 20

Committee procedure

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.

Article 21

Penalties

Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, by … [2 years after entry into force of this Directive], notify the Commission of those rules and those measures and shall notify it of any subsequent amendment affecting them.

Article 22

Transposition

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 2 and 5 to 21 and Annexes I to IV by … [2 years after entry into force of this Directive] . They shall immediately communicate the text of those measures to the Commission.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. They shall also include a statement that references in existing laws, regulations and administrative provisions to the Directives repealed by this Directive shall be construed as references to this Directive. Member States shall determine how such reference is to be made and how that statement is to be formulated .

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

Article 23

Repeal

1.  Directive 98/83/EC, as amended by the instruments listed in Annex V, Part A, is repealed with effect from [day after the date in the first subparagraph of Article 22(1)], 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 V, Part B.

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 VI.

2.  Derogations granted by Member States in accordance with Article 9 of Directive 98/83/EC that are still applicable by [end-date for transposition of this Directive] shall remain applicable until the end of their duration. They may not be renewed further. [Am. 136]

Article 24

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 25

Addressees

This Directive is addressed to the Member States.

Done at ...,

For the European Parliament For the Council

The President The President

ANNEX I

MINIMUM REQUIREMENTS FOR PARAMETRIC VALUES USED TO ASSESS THE QUALITY OF WATER INTENDED FOR HUMAN CONSUMPTION

PART A

Microbiological parameters

Parameter

Parametric value

Unit

Clostridium perfringens spores

0

Number/100 ml

Coliform bacteria

0

Number/100 ml

Enterococci

0

Number/100 ml

Escherichia coli (E. coli)

0

Number/100 ml

Heterotrophic plate counts (HPC) 22o

No abnormal change

 

Somatic coliphages

0

Number/100 ml

Turbidity

<1

NTU

Note

The parameters set out in this Part shall not apply to spring and mineral waters in accordance with Directive 2009/54/EC.

[Am. 179]

PART B

Chemical parameters

Parameter

Parametric value

Unit

Notes

Acrylamide

0,10

μg/l

The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water.

Antimony

5,0

μg/l

 

Arsenic

10

μg/l

 

Benzene

1,0

μg/l

 

Benzo(a)pyrene

0,010

μg/l

 

Beta-estradiol (50-28-2)

0,001

μg/l

 

Bisphenol A

0,01 0,1 

μg/l

 

Boron

1,0 1,5

mg/l

 

Bromate

10

μg/l

 

Cadmium

5,0

μg/l

 

Chlorate

0,25

mg/l

 

Chlorite

0,25

mg/l

 

Chromium

25

μg/l

The value shall be met, at the latest, by [10 years after the entry into force of this Directive]. The parametric value for chromium until that date is 50 μg/l.

Copper

2,0

mg/l

 

Cyanide

50

μg/l

 

1,2-dichloroethane

3,0

μg/l

 

Epichlorohydrin

0,10

μg/l

The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water.

Fluoride

1,5

mg/l

 

Haloacetic acids (HAAs)

80

μg/l

Sum of the following nine representative substances: monochloro-, dichloro-, and trichloro-acetic acid, mono- and dibromo-acetic acid, bromochloroacetic acid, bromodichloroacetic acid, dibromochloroaetic acid and tribromoacetic acid.

Lead

5

μg/l

The value shall be met, at the latest, by [10 years after the entry into force of this Directive]. The parametric value for lead until that date is 10 μg/l.

Mercury

1,0

μg/l

 

Microcystin-LR

1,0

μg/l

 

Nickel

20

μg/l

 

Nitrate

50

mg/l

Member States shall ensure that the condition [nitrate]/50 + [nitrite]/3 ≤ 1, where the square brackets signify the concentrations in mg/l for nitrate (NO3) and nitrite (NO2), is complied with and that the value of 0,10 mg/l for nitrites is complied with ex water treatment works.

Nitrite

0,50

mg/l

Member States shall ensure that the condition [nitrate]/50 + [nitrite]/3 ≤ 1, where the square brackets signify the concentrations in mg/l for nitrate (NO3) and nitrite (NO2), is complied with and that the value of 0,10 mg/l for nitrites is complied with ex water treatment works.

Nonylphenol

0,3

μg/l

 

Pesticides

0,10

μg/l

Pesticides’ means:

–  organic insecticides,

–  organic herbicides,

–  organic fungicides,

–  organic nematocides,

–  organic acaricides,

–  organic algicides,

–  organic rodenticides

–  organic slimicides,

–  related products (inter alia, growth regulators)

and their relevant metabolites as defined in Article 3(32) of Regulation (EC) No 1107/2009(46) .

The parametric value applies to each individual pesticide.

In the case of aldrin, dieldrin, heptachlor and heptachlor epoxide, the parametric value is 0,030 μg/l.

Pesticides — Total

0,50

μg/l

Pesticides — Total’ means the sum of all individual pesticides, as defined in the previous row, detected and quantified in the monitoring procedure.

PFAS

0,10

μg/l

PFAS' means each individual per- and polyfluoroalkyl substance (chemical formula: CnF2n+1−R).

The formula shall also introduce a differentiation between “long-chain” and “short-chain” PFASs. This Directive shall apply only to “long-chain” PFASs.

This parametric value for individual PFAS substances shall only apply to those PFAS substances, which are likely to be present and which are hazardous to human health, according to the hazard assessment referred to in Article 8 of this Directive.

PFASs - Total

0,50

μg/l

PFASs Total' means the sum of per- and polyfluoroalkyl substances (chemical formula: CnF2n+1−R).

This parametric value for PFASs Total shall only apply to those PFAS substances, which are likely to be present and which are hazardous to human health, according to the hazard assessment referred to in Article 8 of this Directive.

Polycyclic aromatic hydrocarbons

0,10

μg/l

Sum of concentrations of the following specified compounds: benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene, and indeno(1,2,3-cd)pyrene  .

Selenium

10

μg/l

 

Tetrachloroethene and Trichloroethene

10

μg/l

Sum of concentrations of specified parameters

Trihalomethanes — Total

100

μg/l

Where possible, without compromising disinfection, Member States shall strive for a lower value.

Sum of concentrations of the following specified compounds: chloroform, bromoform, dibromochloromethane, bromodichloromethane.

Uranium

30

μg/l

 

Vinyl chloride

0,50

μg/l

The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water.

[Am. 138 and 180]

PART Ba

Indicator parameters

Parameter

Parametric value

Unit

Notes

Aluminium

200

μg/l

 

Ammonium

0,50

mg/l

 

Chloride

250

mg/l

Note 1

Colour

Acceptable to consumers and no abnormal change

 

 

Conductivity

2 500

μS cm-1 at 20°C

Note 1

Hydrogen ion concentration

≥ 6,5 and ≤ 9,5

pH units

Notes 1 and 3

Iron

200

μg/l

 

Manganese

50

μg/l

 

Odour

Acceptable to consumers and no abnormal change

 

 

Sulphates

250

mg/l

Note 1

Sodium

200

mg/l

 

Taste

Acceptable to consumers and no abnormal change

 

 

Colony count at 22°C

No abnormal change

 

 

Coliform bacteria

0

Number/100 ml

 

Total organic carbon (TOC)

No abnormal change

 

 

Turbidity

Acceptable to consumers and no abnormal change

 

 

Note 1:

The water should not be aggressive.

Note 2:

This parameter need not be measured unless the water originates from or is influenced by surface water. In the event of non-compliance with this parametric value, the Member State concerned shall investigate the supply to ensure that there is no potential danger to human health arising from the presence of pathogenic micro-organisms, e.g. cryptosporidium.

Note 3:

For still water put into bottles or containers, the minimum value may be reduced to 4,5 pH units.

For water put into bottles or containers which is naturally rich in or artificially enriched with carbon dioxide, the minimum value may be lower.

[Am. 139]

PART C

Parameters relevant for the domestic distribution risk assessment

Parameter

Parametric value

Unit

Notes

Legionella

pneumophila

< 1 000

Number/l

In case the parametric value <1000/l is not met for Legionella, resampling for Legionella pneumophila shall be done. If Legionella pneumophila is not present, the parametic value for Legionella is <10 000/l

Legionella

<10 000

Number/l

If Legionella pneumophila, whose parametric value is < 1 000/l, is not present, the parametric value for Legionella shall be <10 000/l.

Lead

5

μg/l

The value shall be met, at the latest, by [10 years after the entry into force of this Directive]. The parametric value for lead until that date is shall be 10 μg/l.

[Am. 140]

PART Ca

Emerging parameters under monitoring

Microplastics

The monitoring shall be carried out in accordance with the methodology for measuring microplastics laid down in the delegated act referred to in Article 11(5b)

[Am. 141]

ANNEX II

MONITORING

PART A

General objectives and monitoring programmes for water intended for human consumption

1.  Monitoring programmes established pursuant to Article 11(2) for water intended for human consumption shall:

(a)  verify that the measures in place to control risks to human health throughout the water supply chain from the abstraction area through treatment and storage to distribution are working effectively and that water at the point of compliance is wholesome and clean;

(b)  provide information on the quality of the water supplied for human consumption to demonstrate that the obligations set out in Article 4 and the parametric values set in accordance with Article 5 are being met;

(c)  identify the most appropriate means of mitigating the risk to human health.

2.  Monitoring programmes established pursuant to Article 11(2) shall include one of the following:

(a)  collection and analysis of discrete water samples;

(b)  measurements recorded by a continuous monitoring process.

Monitoring programmes shall also include an operational monitoring programme complementary to verification monitoring, providing rapid insight in operational performance and water quality problems, and allowing rapid pre-planned remedial action. Such operational monitoring programmes shall be supply-specific, taking into account the outcomes of the hazard and supply risk assessments, and intended to confirm the effectiveness of all control measures in abstraction, treatment, distribution and storage. The operational monitoring programme shall include the monitoring of the parameter turbidity to regularly control the efficacy of physical removal by filtration processes, in accordance with the parametric values and frequencies indicated in the following table:

Parameter

Parametric value

Turbidity

0.3 NTU (95%) and not >0.5 NTU for 15 consecutive minutes

Volume (m3) of water distributed or produced each day within a supply zone

Minimum frequency

≤ 10 000

Daily

>10 000

Online

In addition, monitoring programmes may consist of:

(a)  inspections of records of the functionality and maintenance status of equipment;

(b)  inspections of the abstraction area, and of the treatment, storage and distribution infrastructure without prejudice to monitoring requirements provided under Article 8(1)(c) and Article 10(1)(b).

3.  Member States shall ensure that monitoring programmes are reviewed on a continuous basis and updated or reconfirmed at least every 6 years.

PART B

Core parameters and sampling frequencies

1.  Core parameters

Escherichia coli (E. coli), Clostridium perfringens spores, and somatic coliphages enterococci are considered 'core parameters' and may not be subject to a supply risk assessment in accordance with part C of this Annex. They shall always be monitored at the frequencies set out in Table 1 of point 2. [Am. 142]

2.  Sampling frequencies

All parameters set in accordance with Article 5 shall be monitored at least at the frequencies set out in the following Table, unless a different sampling frequency is determined on the basis of a supply risk assessment carried out in accordance with Article 9 and part C of this Annex:

Table 1

Minimum frequency of sampling and analysis for compliance monitoring

 

Minimum number of samples per year

≤ 100

10a

> 100

≤ 1 000

10a

> 1 000

≤ 10 000

50b

>10 000

≤ 100 000

365

>100 000

365

Volume (m3) of water distributed or produced each day within a supply zone

(See Notes 1 and 2) m3

Group A parameter (microbiological parameter) -

number of samples per year

(See Note 3)

Group B parameter (chemical parameter) -

number of samples per year

 

≤ 100

> 0

(See Note 4)

> 0

(See Note 4)

> 100

≤ 1 000

4

1

> 1 000

≤ 10 000

4

+ 3

For each 1 000 m3/d and part thereof of the total volume

1

+ 1

For each 1 000 m3/d and part thereof of the total volume

> 10 000

≤ 100 000

 

3

+ 1

for each 10 000 m3/day and

part thereof of the total volume

> 100 000

 

 

12

+ 1

for each 25 000 m3/day and part thereof of the total volume

a: all samples are to be taken during times when the risk of treatment breakthrough of enteric pathogens is high.

b: at least 10 samples are to be taken during times when the risk of treatment breakthrough of enteric pathogens is high.

Note 1: A supply zone is a geographically defined area within which water intended for human consumption comes from one or more sources and water quality may be considered as being approximately uniform.

Note 2: The volumes are calculated as averages taken over a calendar year. The number of inhabitants in a supply zone may be used instead of the volume of water to determine the minimum frequency, assuming water consumption of 200 l/(day*capita).

Note 3: The frequency indicated is calculated as follows: e.g. 4 300 m3/day = 16 samples (four for the first 1 000 m3/day + 12 for additional 3 300 m3/day).

Note 4: Member States that have decided to exempt individual supplies under Article 3(2)(b) of this Directive shall apply these frequencies only for supply zones that distribute between 10 and 100 m3 per day. [Am. 186]

PART C

Supply risk assessment

1.  The supply risk assessment referred to in Article 9 shall be based on the general principles of risk assessment set out in international standards such as standard EN 15975-2 concerning ‘security of drinking water supply, guidelines for risk and crisis management’.

2.  Following a supply risk assessment, the list of parameters considered in the monitoring shall be extended and the sampling frequencies set out in Part B increased, where any of the following conditions is fulfilled:

(a)  the list of parameters or frequencies set out in this Annex is not sufficient to fulfil the obligations imposed under Article 11(1);

(b)  additional monitoring is required for the purposes of Article 11(6);

(c)  it is necessary to provide the assurances set out in point (1)(a) of Part A;

(d)  increasing the sampling frequencies is necessary pursuant to Article 8(3)(a).

3.  Following a supply risk assessment, the list of parameters considered in the monitoring and the sampling frequencies set out in Part B may be reduced provided all of the following conditions are met:

(a)  the location and frequency of sampling is determined in relation to the parameter's origin, as well as the variability and long-term trend of its concentration, taking into account Article 6;

(b)  for reducing the minimum sampling frequency of a parameter the results obtained from samples collected at regular intervals over a period of at least 3 years from sampling points representative of the whole supply zone are all less than 60 % of the parametric value;

(c)  for removing a parameter from the list of parameters to be monitored the results obtained from samples collected at regular intervals over a period of at least 3 years from points representative of the whole supply zone are all less than 30 % of the parametric value;

(d)  for removing a parameter from the list of parameters to be monitored, the decision is based on the result of the risk assessment, informed by the results of monitoring of sources of water intended for human consumption and confirming that human health is protected from the adverse effects of any contamination of water intended for human consumption, as laid down in Article 1;

(e)  for reducing the sampling frequency of a parameter or for removing a parameter from the list of parameters to be monitored, the risk assessment confirms that no factor that can be reasonably anticipated is likely to cause deterioration of the quality of the water intended for human consumption.

4.  Where monitoring results, demonstrating that the conditions set out in paragraph 3, points (b) to (e) are met, are already available by [the date of entry into force of this Directive], those monitoring results may be used to adapt the monitoring following the supply risk assessment from that date.

PART D

Sampling methods and sampling points

1.  Sampling points shall be determined so as to ensure compliance with the points of compliance as defined in Article 6. In the case of a distribution network, a Member State may take samples within the supply zone or at the treatment works for particular parameters if it can be demonstrated that there would be no adverse change to the measured value of the parameters concerned. As far as possible, the number of samples shall be distributed equally in time and location.

2.  Sampling at the point of compliance shall meet the following requirements:

(a)  compliance samples for certain chemical parameters (in particular copper, lead, Legionella and nickel) shall be taken at the consumer's tap without prior flushing. A random daytime sample of one litre volume is to be taken. As an alternative, Member States may use fixed stagnation time methods that better reflect their national situation, provided that, at the supply zone level, this does not result in fewer cases of non-compliance than using the random daytime method;

(b)  compliance samples for microbiological parameters at the point of compliance shall be taken and handled according to EN ISO 19458, sampling purpose B.

2a.  Samples for Legionella in domestic distribution systems shall be taken at risk points for proliferation of and/or exposure to Legionella pneumophila. Member States shall establish guidelines for sampling methods for Legionella. [Am. 144]

3.  Sampling in the distribution network, with the exception of sampling at the consumers' tap, shall be in accordance with ISO 5667-5. For microbiological parameters, sampling in the distribution network shall be taken and handled according to EN ISO 19458, sampling purpose A.

ANNEX IIa

Minimum hygiene requirements for substances and materials for the manufacture of new products coming into contact with water intended for human consumption:

(a)  a list of substances approved for use in the manufacture of materials, including, but not limited to, organic materials, elastomers, silicones, metals, cement, ion exchange resins and composite materials, and products made therefrom.

(b)  specific requirements for the use of substances in materials and products made therefrom.

(c)  specific restrictions on the migration of certain substances into water intended for human consumption.

(d)  hygiene rules regarding other properties required for compliance.

(e)  basic rules to verify compliance with points (a) to (d).

(f)  rules concerning sampling and analysis methods to verify compliance with points (a) to (d). [Am. 145]

ANNEX III

SPECIFICATIONS FOR THE ANALYSIS OF PARAMETERS

Member States shall ensure that the methods of analysis used for the purposes of monitoring and demonstrating compliance with this Directive are validated and documented in accordance with EN ISO/IEC 17025 or other equivalent standards accepted at international level. Member States shall ensure that laboratories or parties contracted by laboratories apply quality management system practices in accordance with EN ISO/IEC 17025 or other equivalent standards accepted at international level.

In the absence of an analytical method meeting the minimum performance criteria set out in Part B, Member States shall ensure that monitoring is carried out using best available techniques not entailing excessive costs.

PART A

Microbiological parameters for which methods of analysis are specified

The methods for microbiological parameters are:

(a)  Escherichia coli (E. coli) and coliform bacteria (EN ISO 9308-1 or EN ISO 9308-2)

(b)  Enterococci (EN ISO 7899-2)

(c)  Pseudomonas aeruginosa (EN ISO 16266)

(d)  colony count or heterotrophic plate counts at 22 C (EN ISO 6222)

(e)  Clostridium perfringens including spores (EN ISO 14189)

(f)  Turbidity (EN ISO 7027)

(g)  Legionella (EN ISO 11731)

(h)  Somatic coliphages (EN ISO 10705-2)

PART B

Chemical parameters for which performance characteristics are specified

1.  Chemical parameters

For the parameters set out in Table 1, the method of analysis used shall , as a minimum, be capable of measuring concentrations equal to the parametric value with a limit of quantification, as defined in Article 2(2) of Commission Directive 2009/90/EC(47), of 30 % or less of the relevant parametric value and an uncertainty of measurement as specified in Table 1. The result shall be expressed using at least the same number of significant figures as for the parametric value considered in Part B of Annex I.

The uncertainty of measurement laid down in Table 1 shall not be used as an additional tolerance to the parametric values set out in Annex I.

Table 1

Minimum performance characteristic ‘Uncertainty of measurement’

Parameters

Uncertainty of measurement

(See Note 1)

% of the parametric value

Notes

Acrylamide

30

 

Antimony

40

 

Arsenic

30

 

Benzo(a)pyrene

50

See Note 2

Benzene

40

 

Beta-estradiol (50-28-2)

50

 

Bisphenol A

50

 

Boron

25

 

Bromate

40

 

Cadmium

25

 

Chlorate

30

 

Chlorite

30

 

Chromium

30

 

Copper

25

 

Cyanide

30

See Note 3

1,2-dichloroethane

40

 

Epichlorohydrin

30

 

Fluoride

20

 

HAAs

50

 

Lead

25

 

Mercury

30

 

Microcystin-LR

30

 

Nickel

25

 

Nitrate

15

 

Nitrite

20

 

Nonylphenol

50

 

Pesticides

30

See Note 4

PFASs

50  20

 

Polycyclic aromatic hydrocarbons

30

See Note 5

Selenium

40

 

Tetrachloroethene

30

See Note 6

Trichloroethene

40

See Note 6

Trihalomethanes — total

40

See Note 5

Uranium

30

 

Vinyl chloride

50

 

[Am. 177 and 224]

2.  Notes to Table 1

Note 1

Uncertainty of measurement is a non-negative parameter characterising the dispersion of the quantity values being attributed to a measurand, based on the information used. The performance criterion for measurement uncertainty (k = 2) is the percentage of the parametric value stated in the table or  any stricter value  . Measurement uncertainty shall be estimated at the level of the parametric value, unless otherwise specified.

Note 2

If the value of uncertainty of measurement cannot be met, the best available technique should be selected (up to 60 %).

Note 3

The method determines total cyanide in all forms.

Note 4

The performance characteristics for individual pesticides are given as an indication. Values for the uncertainty of measurement as low as 30 % can be achieved for several pesticides, higher values up to 80 % may be allowed for a number of pesticides.

Note 5

The performance characteristics apply to individual substances, specified at 25 % of the parametric value in Part B of Annex I.

Note 6

The performance characteristics apply to individual substances, specified at 50 % of the parametric value in Part B of Annex I.

ANNEX IV

INFORMATION TO THE PUBLIC TO BE PROVIDED ONLINE [Am. 146]

The following information shall be accessible to consumers on-line or in a equally user-friendly and customized way ways: [Am. 147]

(1)  identification of the relevant water supplier, the area and number of people supplied, and the method of water production; [Am. 148]

(2)  a review of the most recent monitoring results per water supplier, for parameters listed in Annex I, parts A, and B and Ba, including frequency and location of sampling points, relevant to the area of interest to the person supplied, together with the parametric value set in accordance with Article 5. The monitoring results must not be older than: [Am. 149]

(a)  one month, for very large water suppliers;

(b)  six months for medium and large water suppliers; [Am. 202]

(c)  one year for very small and small water suppliers; [Am. 203]

(3)  in case of potential danger to human health as determined by competent authorities following an exceedance of the parametric values set in accordance with Article 5, information on the potential danger to human health and the associated health and consumption advice or a hyperlink providing access to such information; [Am. 150]

(4)  a summary of the relevant supply risk assessment; [Am. 151]

(5)  information on the following indicator parameters listed in part Ba of Annex 1 and associated parametric values:;

(a)  Colour;

(b)  pH (Hydrogen ion concentration);

(c)  Conductivity;

(d)  Iron;

(e)  Manganese;

(f)  Odour;

(g)  Taste;

(h)  Hardness;

(i)  Minerals, anions/cations dissolved in water:

–  Borate BO3-

–  Carbonate CO32-

–  Chloride Cl-

–  Fluoride F-

–  Hydrogen Carbonate HCO3-

–  Nitrate NO3-

–  Nitrite NO2-

–  Phosphate PO43-

–  Silicate SiO2

–  Sulphate SO42-

–  Sulphide S2-

–  Aluminium Al

–  Ammonium NH4+

–  Calcium Ca

–  Magnesium Mg

–  Potassium K

–  Sodium Na

Those parametric values and other non-ionised compounds and trace elements may be displayed with a reference value and/or an explanation; [Am. 152]

(6)  advice to consumers including on how to reduce water consumption where appropriate and use water responsibly according to local conditions; [Am. 153]

(7)  for large and very large water suppliers, annual information on: [Am. 154]

(a)  the overall performance of the water system in terms of efficiency, including leakage rates and energy consumption per cubic meter of delivered water levels as determined by the Member States; [Am. 155]

(b)  information on management model and governance the ownership structure of the water supply by the water supplier, including the composition of the board; [Am. 156]

(c)  water quantity supplied yearly and trends;

(d)  where costs are recovered through a tariff system, information on the cost structure of the tariff charged to consumers per cubic meter of water, including fixed and variable costs, presenting at least as well as costs related to energy use per cubic meter of delivered water, measures taken by water suppliers for the purposes of the hazard assessment pursuant to Article 8(4), treatment and distribution of water intended for human consumption, waste water collection and treatment, and costs related to measures for the purposes of Article 13, where such measures have been taken by water suppliers; [Am. 157]

(e)  the amount of investment considered necessary by the supplier to ensure the financial sustainability of the provision of water services (including maintenance of infrastructure) and the amount of investment actually received or recouped undertaken, under way and planned, as well as the financing plan; [Am. 158]

(f)  types of water treatment and disinfection applied;

(g)  summary and statistics of consumer complaints, and of timeliness and adequacy of responses to problems how they are resolved; [Am. 159]

(8)  access to historical data for information under points (2) and (3), dating back up to 10 years, and not earlier than the date of transposition of this Directive upon request. [Am. 160]

ANNEX V

Part A

Repealed Directive

with list of the successive amendments thereto

(referred to in Article 23)

Council Directive 98/83/EC

(OJ L 330, 5.12.1998, p. 32)

 

Regulation (EC) No 1882/2003 of the European Parliament and of the Council

(OJ L 284, 31.10.2003, p. 1)

Only point 29 of Annex II

Regulation (EC) No 596/2009 of the European Parliament and of the Council

(OJ L 188, 18.7.2009, p. 14)

Only point 2.2 of the Annex

Commission Directive (EU) 2015/1787

(OJ L 260, 7.10.2015, p. 6)

 

Part B

Time-limits for transposition into national law

(referred to in Article 23)

Directive

Time-limit for transposition

 

98/83/EC

25 December 2000

 

(EU) 2015/1787

27 October 2017

 

ANNEX VI

Correlation Table

Directive 98/83/EC

This Directive

Article 1

Article 1

Article 2, introductory wording

Article 2, introductory wording

Article 2 pts. 1 and 2

Article 2 pts. 1 and 2

-

Article 2 pts. 3 to 8

Article 3(1), introductory wording

Article 3(1), introductory wording

Article 3(1)(a) and (b)

Article 3(1)(a) and (b)

Article 3(2) and (3)

Article 3(2) and (3)

Article 4(1), introductory wording

Article 4(1), introductory wording

Article 4(1)(a) and (b)

Article 4(1)(a) and (b)

Article 4(1), 2nd subparagraph

Article 4(1)(c)

Article 4(2)

Article 4(2)

Article 5(1) and (2)

Article 5(1)

Article 5(3)

Article 5(2)

Article 6(1) pts (a) to (c)

Article 6, pts (a) to (c)

Article 6(1), pt (d)

-

Article 6(2)

-

Article 6(3)

-

-

Article 7

-

Article 8

 

Article 9

-

Article 10

Article 7(1)

Article 11(1)

Article 7(2)

Article 11(2) introductory wording

-

Article 11(2), pts (a) to (c)

Article 7(3)

Article 11(3)

Article 7(4)

-

Article 7(5)(a)

Article 11(4) introductory wording

Article 7(5)(b)

Article 11(4)(a)

Article 7(5)(c)

Article 11(4)(b)

Article 7(6)

Article 11(5)

Article 8(1)

Article 12(1)

Article 8(2)

Article 12(2), 1st subparagraph

-

Article 12(2), 2nd subparagraph

Article 8(3)

Article 12(3), 1st subparagraph

-

Article 12(3), 2nd subparagraph

-

Article 12(4), pts (a) to (c)

Article 8(4)

Article 12(5)

Article 8(5) to (7)

-

Article 9

-

Article 10

-

-

Article 13

-

Article 14

-

Article 15

-

Article 16

-

Article 17

Article 11(1)

Article 18(1), 1st subparagraph

-

Article 18(1), 2nd subparagraph

Article 11(2)

-

-

Article 18(2)

-

Article 19

Article 12(1)

Article 20(1)

Article 12(2), 1st subparagraph

Article 20(1)

Article 12(2), 2nd subparagrah

-

Article 12(3)

-

Article 13

-

Article 14

-

Article 15

-

-

Article 21

Article 17(1) and (2)

Article 22(1) and (2)

Article 16(1)

Article 23(1)

Article 16(2)

-

 

Article 23(2)

Article 18

Article 24

Article 19

Article 25

Annex I, part A

Annex I, part A

Annex I, part B

Annex I, part B

Annex I, part C

-

-

Annex I, part C

Annex II, Part A (1)(a) to (c)

Annex II, Part A (1)(a) to (c)

Annex II, Part A (2) 1st subparagraph

Annex II, Part A (2) 1st subparagraph

-

Annex II, Part A (2) 2nd subparagraph and table

Annex II, Part A (2) 2nd subparagraph

Annex II Part A (2) 3rd subparagraph

Annex II, Part A (3)

-

Annex II, Part A (4)

Annex II, Part A (3)

Annex II, Part B (1)

-

Annex II, Part B (2)

Annex II, Part B (1)

Annex II, Part B (3)

Annex II, Part B (2)

Annex II, Part C (1)

-

Annex II, Part C (2)

Annex II, Part C (1)

Annex II, Part C (3)

-

Annex II, Part C (4)

Annex II, Part C (2)

Annex II, Part C (5)

Annex II, Part C (3)

-

Annex II, Part C (4)

Annex II, Part C (6)

-

Annex II, Part D, pts (1) to (3)

Annex II, Part D, pts (1) to (3)

Annex III, 1st and 2nd subparagraphs

Annex III, 1st and 2nd subparagraphs

Annex III, part A, 1st and 2nd subparagraphs

-

Annex III, part A, 3rd subparagraph, points (a) to (f)

Annex III, part A, 3rd subparagraph points (a) to (h)

Annex III, part B, (1), 1st subparagraph

Annex III, part B, (1), 1st subparagraph

Annex III, part B, (1), 2nd subparagraph

-

Annex III, part B, (1), 3rd subparagraph and Table 1

Annex III, part B, (1), 2nd subparagraph and Table 1

Annex III, part B, (1), Table 2

-

Annex III, part B, (2)

Annex III, part B, (2)

Annex IV

-

Annex V

-

-

Annex IV

-

Annex V

-

Annex VI

(1)OJ C 367, 10.10.2018, p. 107.
(2)OJ C 361, 5.10.2018, p. 46.
(3)OJ C 77, 28.3.2002, p. 1.
(4)This position corresponds to the amendments adopted on 23 October 2018 (Texts adopted, P8_TA(2018)0397).
(5)OJ C 367, 10.10.2018, p. 107.
(6)OJ C 361, 5.10.2018, p. 46.
(7)Position of the European Parliament of 28 March 2019.
(8)Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330 5.12.1998, p. 32).
(9)See Annex V.
(10) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
(11)Directive 2009/54/EC of the European Parliament and of the Council of 18 June 2009 on the exploitation and marketing of natural mineral waters (Recast) (OJ L 164, 26.6.2009, p. 45).
(12)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).
(13)Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
(14)COM(2014)0177.
(15)SWD(2016)0428.
(16)Special report of the European Court of Auditors SR 12/2017: "Implementing the Drinking Water Directive: water quality and access to it improved in Bulgaria, Hungary and Romania, but investment needs remains substantial".
(17)Drinking Water Parameter Cooperation Project of the WHO Regional Office for Europe "Support to the revision of Annex I Council Directive 98/83/EC on the quality of water intended for human consumption (Drinking Water Directive) Recommendation", 11 September 2017.
(18)Commission Directive (EU) 2015/1787 of 6 October 2015 amending Annexes II and III to Council Directive 98/83/EC on the quality of water intended for human consumption (OJ L 260, 7.10.2015, p. 6).
(19)Guidelines for drinking water quality, Fourth Edition, World Health Organisation, 2011 http://www.who.int/water_sanitation_health/publications/2011/dwq_guidelines/en/index.html
(20)Water Safety Plan Manual: step-by-step risk management for drinking water suppliers, World Health Organisation, 2009, http://apps.who.int/iris/bitstream/10665/75141/1/9789241562638_eng.pdf
(21)Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
(22)Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5).
(23)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).
(24)"Legionella and the prevention of Legionellosis", World Health Organisation, 2007, http://www.who.int/water_sanitation_health/emerging/legionella.pdf
(25)SWD(2016)0185.
(26)COM(2014)0177.
(27)COM(2014)0177, p. 12.
(28)Interinstitutional Proclamation on the European Pillar of Social Rights (2017/C 428/09) of 17 November 2017 (OJ C 428, 13.12.2017, p. 10).
(29)P8_TA(2015)0294
(30)P8_TA(2015)0294, paragraph 62.
(31)COM(2014)0209.
(32)Council Recommendation (2013/C 378/01) of 9 December 2013 on effective Roma integration measures in the Member States (OJ C 378, 24.12.2013, p. 1).
(33)Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’ (OJ L 354, 28.12.2013, p. 171).
(34)Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26).
(35)Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1).
(36)OJ L 123, 12.5.2016, p. 1.
(37)OJ L 124, 17.5.2005, p. 4.
(38)Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union law (OJ L 201, 26.7.2013, p. 60).
(39)Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12).
(40)Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(41)Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
(42)Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).
(43)Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (OJ L 372, 27.12.2006, p. 19).
(44)Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84).
(45) Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (OJ L 88, 4.4.2011, p. 5).
(46)Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
(47)Commission Directive 2009/90/EC of 31 July 2009 laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status (OJ L 201, 1.8.2009, p. 36).


Increasing the efficiency of restructuring, insolvency and discharge procedures ***I
PDF 129kWORD 55k
Resolution
Text
European Parliament legislative resolution of 28 March 2019 on the proposal for a directive of the European Parliament and of the Council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU (COM(2016)0723 – C8-0475/2016 – 2016/0359(COD))
P8_TA(2019)0321A8-0269/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0723),

–  having regard to Article 294(2) and Articles 53 and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0475/2016),

–  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 Dáil Éireann and the Seanad Éireann, 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 29 March 2017(1),

–  having regard to the opinion of the Committee of the Regions of 12 July 2017(2)

–  having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 19 December 2018 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 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Economic and Monetary Affairs and the Committee on Employment and Social Affairs (A8-0269/2018),

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

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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 28 March 2019 with a view to the adoption of Directive (EU) 2019/… of the European Parliament and of the Council on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2019/1023.)

(1) OJ C 209, 30.6.2017, p. 21.
(2) OJ C 342, 12.10.2017, p. 43.


Exercise of copyright and related rights applicable to certain online transmissions and retransmissions of television and radio programmes ***I
PDF 121kWORD 45k
Resolution
Text
European Parliament legislative resolution of 28 March 2019 on the proposal for a regulation of the European Parliament and of the Council laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes (COM(2016)0594 – C8-0384/2016 – 2016/0284(COD))
P8_TA(2019)0322A8-0378/2017

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2016)0594),

–  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 (C8-0384/2016),

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

–  having regard to Article 294(3) and to Article 53(1) and Article 62 of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 25 January 2017(1),

–  after consulting the Committee of the Regions,

–  having regard to the provisional agreement approved by the committee responsible under Rule 69f(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 18 January 2019 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 59 and 39 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Culture and Education, the Committee on Industry, Research and Energy and the Committee on the Internal Market and Consumer Protection (A8-0378/2017),

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

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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 28 March 2019 with a view to the adoption of Directive (EU) 2019/… of the European Parliament and of the Council laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2019/789.)

(1) OJ C 125, 21.4.2017, p. 27.


Creative Europe programme 2021-2027 ***I
PDF 286kWORD 94k
Resolution
Consolidated text
European Parliament legislative resolution of 28 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing the Creative Europe programme (2021 to 2027) and repealing Regulation (EU) No 1295/2013 (COM(2018)0366 – C8-0237/2018 – 2018/0190(COD))
P8_TA(2019)0323A8-0156/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0366),

–  having regard to Article 294(2) and Articles 167(5) and 173(3) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0237/2018),

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

–  having regard to the opinion of the European Economic and Social Committee of 12 December 2018(1),

–  having regard to the opinion of the Committee of the Regions of 6 February 2019(2),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Culture and Education and the opinion of the Committee on Budgets (A8-0156/2019),

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

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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 28 March 2019 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council establishing the Creative Europe programme (2021 to 2027) and repealing Regulation (EU) No 1295/2013

P8_TC1-COD(2018)0190


(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 167(5), and Article 173(3) 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)  Culture, arts, cultural heritage, and cultural diversity are of great value to European society from a cultural, educational, democratic, environmental, social, human rights and economic point of view and should be promoted and supported. The Rome Declaration of 25 March 2017 as well as the European Council in December 2017 stated that education and culture are key to building inclusive and cohesive societies for all, and to sustaining European competitiveness. [Am. 1].

(2)  According to Article 2 of the Treaty on European Union (TEU), the Union is founded on the values of respect for human dignity, freedom democracy, equality, the rule of law and the respect for human rights, including the rights of the persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail. These values are further reaffirmed and articulated in the rights, freedoms and principles enshrined in the Charter of Fundamental Rights of the European Union (the Charter), which has the same legal value as the Treaties, as referred to in Article 6 of the TEU. In particular, the freedom of expression and information is enshrined in Article 11 of the Charter and the freedom of the arts and science is enshrined in Article 13 of the Charter. [Am. 2]

(3)  Article 3 of the TEU further specifies that the Union's aim is to promote peace, its values and the well-being of its people and that, among others, it shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced.

(4)  The Commission Communication on a New European Agenda for Culture(6) further sets out the objectives of the Union for the cultural and creative sectors. It aims to harness the power of culture and cultural diversity for social cohesion and societal well-being, fostering the cross-border dimension of cultural and creative sectors, supporting their capacity to grow, encouraging culture-based creativity in education and innovation, and for jobs and growth as well as strengthening international cultural relations. Creative Europe, together with other Union programmes, should support the implementation of this New European Agenda for Culture. This , taking into account the fact that the intrinsic value of culture and of artistic expression should always be preserved and promoted and that artistic creation is at the heart of cooperation projects. Supporting the implementation of this New European Agenda for Culture is also in line with the 2005 UNESCO Convention for the Protection and Promotion of the Diversity of Cultural Expressions, which entered into force on 18 March 2007 and to which the Union is a party. [Am. 3]

(4a)  Union policies will complement and add value to Member States’ intervention in the cultural and creative area. The impact of Union policies should be assessed on a regular basis taking account of qualitative and quantitative indicators such as the benefits for citizens, the active participation of citizens, the benefits for the Union economy in terms of growth and jobs and spill-overs in other sectors of the economy, and the skills and competences of people working in the cultural and creative sectors. [Am. 4]

(4b)  The safeguarding and enhancement of Europe’s cultural heritage are objectives of the Programme. Those objectives have also been recognised as being inherent the right to knowledge of cultural heritage and to participate in cultural life enshrined in the Council of Europe Framework Convention on Cultural Heritage for Society (Faro Convention), which entered into force on 1 June 2011. That Convention underlines the role of cultural heritage in the construction of a peaceful and democratic society, and in the processes of sustainable development and the promotion of cultural diversity. [Am. 5]

(5)  The promotion of European cultural diversity depends on and of the awareness of common roots is based on the freedom of artistic expression, the capability and competences of artists and cultural operators, the existence of flourishing and resilient cultural and creative sectors, able in the public and private domain and their ability to create, innovate and produce their works and distribute their works them to a large and diverse European audience. This thereby enlarges their business potential, increases access to and the promotion of creative content, artistic research and creativity and contributes to sustainable growth and jobs creation. In addition, promotion of creativity contributes and new knowledge contribute to boosting competitiveness and sparkling sparking innovation in the industrial value chains. A wider approach to arts and culture education and artistic research should be adopted, progressing from a STEM (Science, Technology, Engineering, Mathematics) approach to a STEAM (Science, Technology, Engineering, Arts, Mathematics) approach. In spite of recent progress regarding assistance for translation and subtitling, the European cultural and creative market continues to be fragmented along national and linguistic lines, which do not . While respecting the specificity of each market, more can be done to allow the cultural and creative sectors to fully benefit from the European single market and the digital single market in particular, including by taking into account intellectual property rights protection. [Am. 6]

(5a)  The digital shift represents a paradigm change and is one of the biggest challenges for the cultural and creative sectors. Digital innovation has changed habits, relations and production and consumption models at both a personal and social level and it should boost cultural and creative expression and the cultural and creative narrative, respecting the specific value of the cultural and creative sectors within the digital environment. [Am. 7]

(6)  The Programme should take into account the dual nature of the cultural and creative sectors, recognising, on the one hand, the intrinsic and artistic value of culture and, on the other, the economic value of those sectors, including their broader contribution to growth and competitiveness, creativity, and innovation, intercultural dialogue, social cohesion and knowledge generation. This requires strong European cultural and creative sectors, both in the for-profit and not-for-profit domains in particular a vibrant European audiovisual industry, taking into account its capacity to reach large audiences at local, national and Union level and its economic importance, including for other creative sectors as well as cultural tourism and regional, local and urban development. However, competition in global audiovisual markets has been further intensified by the deepening digital disruption e.g. changes in media production, consumption and the growing position of global platforms in the distribution of content. Therefore, there is a need to step-up the support to the European industry. [Am. 8]

(6a)  Active European citizenship, shared values, creativity and innovation need a solid ground on which they can develop. The Programme should support film and audiovisual education, in particular among minors and young people. [Am. 9]

(7)  To be effective, the Programme should take into account the specific nature and challenges of the different sectors, their different target groups and their particular needs through tailor-made approaches within a strand dedicated to the audiovisual sector, a strand dedicated to the other cultural and creative sectors and a cross-sectoral strand. The Programme should provide equal support to all the cultural and creative sectors through horizontal schemes targeting common needs. Building on pilot projects, preparatory actions and studies, the Programme should also implement the sectoral actions listed in the Annex to this Regulation. [Am. 10]

(7a)  Music, in all its forms and expressions, and in particular contemporary and live music, is an important component of the cultural, artistic and economic heritage of the Union. It is an element of social cohesion, multicultural integration and youth socialisation and it serves as a key instrument to enhance culture, including cultural tourism. The music sector should therefore be a particular focus of the specific actions pursued as part of the CULTURE strand under this Regulation in terms of financial distribution and targeted actions. Tailor-made calls and instruments should help boost the competitiveness of the music sector and address some of the specific challenges it faces. [Am. 11]

(7b)  Union support needs to be reinforced in the field of international cultural relations. The Programme should seek to contribute to the third strategic objective of the new European Agenda for Culture by harnessing culture and intercultural dialogue as engines for sustainable social and economic development. In the Union and throughout the world, cities are driving new cultural policies. A large number of creative communities have gathered in hubs, incubators and dedicated spaces worldwide. The Union should be instrumental in networking those communities from the Union and third countries and in fostering multi-disciplinary collaboration across artistic, creative and digital skills. [Am. 12]

(8)  The cross-sectoral strand aims at addressing the common challenges faced by, and at exploiting the potential of collaboration among, different cultural and creative sectors. There are benefits in terms of knowledge-transfer and administrative efficiencies to be gained from a joint transversal approach. [Am. 13]

(9)  Union intervention is needed in the audiovisual sector to accompany the Union’s Digital Single Market policies. This concerns notably the modernisation of the copyright framework and the proposed Regulation on online transmissions of broadcasting organisationsby Directive (EU) 2019/789 of the European Parliament and of the Council(7), as well as the proposal to amend and Directive 2010/13/EU of the European Parliament and of the Council(8) (EU) 2018/1808 of the European Parliament and of the Council(9). They seek to strengthen the capacity of European audiovisual players to create, finance, produce and disseminate works that can be sufficiently visible of various formats on the different media of communication available (e.g. TV, cinema or Video On Demand) and attractive to audiences in a more open and competitive market within Europe and beyond. Support should be scaled up in order to address recent market developments and notably the stronger position of global platforms of distribution in comparison to national broadcasters traditionally investing in the production of European works. [Am. 14]

(10)  The special actions under Creative Europe such as the European Heritage Label, the European Heritage Days, the European prizes in the areas of contemporary, rock and pop music, literature, heritage and architecture and the European Capitals of Culture have directly reached millions of European citizens, have demonstrated the social and economic benefits of European cultural policies, and should therefore be continued and whenever possible expanded. The Programme should support the networking activities of the European Heritage Label sites. [Am. 15]

(10a)  The Creative Europe Programme under Regulation (EU) No 1295/2013 has sparked the creation of innovative and successful projects that generated good practices in terms of transnational European cooperation in the creative and cultural sectors. In turn, this has increased European cultural diversity for audiences and leveraged the social and economic benefits of European cultural policies. To be more efficient, such success stories should be highlighted and, wherever possible, expanded. [Am. 16]

(10b)  All levels of actors in the cultural and creative sectors should be actively involved in the achievement of the Programme objectives and its further development. As the experience of the formal engagement of stakeholders in the participatory governance model of the European Year of Cultural Heritage, established by Decision (EU) 2017/864 of the European Parliament and of the Council(10), proved to be efficient in mainstreaming culture, it is advisable to apply this model to the Programme as well. This participatory governance model should include a transversal approach with a view to creating synergies between the various Union programmes and initiatives in the field of culture and creativity. [Am. 17]

(10c)  A flagship cross-sectoral action aiming at showcasing European creativity and cultural diversity to the Member States and third countries should be included as part of the special actions under the Programme. That action should emphasise the excellence of European culture-based creativity in triggering cross-innovation in the wider economy by awarding a special prize. [Am. 18]

(11)  Culture is key to strengthen strengthening inclusive, and cohesive and reflective communities, to revitalising territories and to promoting social inclusion for people with a disadvantaged background. In the context of migration pressure issues and integration challenges, culture has an important role plays a fundamental role in creating inclusive spaces for intercultural dialogue and in the integration of migrants to help them and refugees, helping them to feel part of host societies and develop , and in the development of good relations between migrants and new communities. [Am. 19]

(11a)  Culture provides for and fosters economic, social and environmental sustainability. It should therefore be at the heart of political development strategies. The contribution of culture to the well-being of society as a whole should be highlighted. In accordance with the Davos Declaration of 22 January 2018 entitled "Towards a high-quality Baukultur for Europe", steps should therefore be taken to promote a new integrated approach to the shaping of the high quality built environment which is anchored in culture, strengthens social cohesion, guarantees a sustainable environment and contributes to the health and well-being of the population as a whole. That approach should not place an emphasis on urban areas only, but should primarily focus on the interconnectivity of peripheral, remote and rural areas. The concept of Baukultur encompasses all factors which have a direct impact on the quality of life of citizens and communities, thereby fostering inclusivity, cohesion and sustainability in a very concrete way. [Am. 20]

(11b)  It is a matter of priority that culture, including cultural and audiovisual goods and services, be made more accessible to persons with disabilities as tools to foster their complete personal fulfilment and active participation, thereby contributing to a truly inclusive society based on solidarity. The Programme should therefore promote and increase cultural participation across the Union, in particular with regard to people with disabilities and people from disadvantaged backgrounds as well as people who reside in rural and remote areas. [Am. 21]

(12)  Freedom of artistic and cultural expression, freedom is of expression and media pluralism are at the core of vibrant cultural and creative industries, including sectors and the news media sector. The programme should promote cross-overs crossovers and collaboration between the audiovisual sector and the publishing sector to promote with the aim of promoting a pluralistic and independent media environment in line with Directive 2010/13/EU of the European Parliament and of the Council(11). The Programme should provide support for new media professionals and enhance the development of critical thinking among citizens by means of promoting media literacy, in particular for young people. [Am. 22]

(12a)  The mobility of artists and cultural workers as regards skills development, learning, intercultural awareness, co-creation, co-production, circulation and dissemination of artworks and participation in international events such as fairs and festivals is a key prerequisite for a better linked, stronger and more sustainable cultural and creative sectors in the Union. Such mobility is often hampered by the lack of legal status, difficulties in obtaining visas and the duration of permits, the risk of double taxation and precarious and unstable social security conditions. [Am. 23]

(13)  In line with Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU), the Programme in all its activities should support gender mainstreaming and the mainstreaming of non-discrimination objectives and, where applicable, should define appropriate gender balance and diversity criteria. The Programme should seek to ensure that participation in the Programme and projects carried out under the Programme reach and reflect the diversity of European society. The activities carried out under the Programme should be monitored and reported upon in order to ascertain the performance of the Programme in that respect and enable policy makers to make better-informed decisions as regards future programmes. [Am. 24]

(13a)  Women are very present in the artistic and cultural field in the Union as authors, professionals, teachers, and as an audience with a growing access of the cultural public. However, as evidenced by research and studies such as the European Women’s Audiovisual Network for film directors and by the We Must project in the music field, there are gender pay disparities and it is less likely for women to realise their works and occupy decision-making positions in cultural, artistic and creative institutions. Therefore, it is necessary to promote female talents and to circulate their works in order to support women's artistic careers. [Am. 25]

(14)  In line with the Joint Communication "Towards an EU strategy for international cultural relations", endorsed by the European Parliament's resolution of 5 July 2017(12), European funding instruments and in particular this programme should recognize the relevance of culture in international relations and its role in promoting European values by dedicated and targeted actions designed to have a clear Union impact on the global scene.

(14a)  In line with the conclusions drawn following the European Year of Cultural Heritage 2018, the Programme should enhance the cooperation and advocacy capacity of the sector through support for activities related to the legacy of the European Year of Cultural Heritage 2018 and taking stock of it. In that connection, attention should be drawn to the statement issued by the Council of Culture Ministers in November 2018 and the statements made at the closing ceremony of the Council held on 7 December 2018. The Programme should contribute to the long-term sustainable preservation of European cultural heritage through support actions for the artisans and craftspeople skilled in the traditional trades related to cultural heritage restoration. [Am. 26]

(15)  In line with the Commission Communication "Towards an integrated approach to cultural heritage for Europe" of 22 July 2014(13), relevant policies and instruments should draw out the long term and sustainability value of Europe's past, present, tangible, intangible and digital cultural heritage and develop a more integrated approach to its preservation, conservation, adaptive re-use, dissemination, and valorisation and support by supporting a high quality and coordinated sharing of professional knowledge and the development of common high quality standards for the sector and mobility for sector professionals. Cultural heritage is an integral part of European cohesion and supports the link between tradition and innovation. Preserving cultural heritage and supporting artists, creators and craftsmanship should be a priority of the Programme. [Am. 27]

(15a)  The Programme should contribute to the engagement and involvement of citizens and civil society organisations in culture and society, to the promotion of cultural education and to making cultural knowledge and heritage publicly accessible. The Programme should also nurture quality and innovation in creation and conservation, including through synergies among culture, arts, science, research and technology. [Am. 28]

(16)  In line with the Commission Communication "Investing in a smart, innovative and sustainable Industry – A renewed Industrial Policy strategy" of 13 September 2017(14), future actions should contribute to the integration of creativity, design and cutting-edge technologies to generate new industrial value chains and revitalise competitiveness of traditional industries.

(16a)  In line with the European Parliament resolution of 13 December 2016 on a coherent EU policy for cultural and creative industries, supporting cultural and creative sectors should be a cross-cutting issue. Projects should be integrated throughout the Programme in order to support new business models and skills, traditional savoir-faire as well as translating creative and interdisciplinary solutions into economic and social value. Furthermore, potential synergies that exist between Union policies should be fully exploited so as to effectively use the funding available under Union programmes such as Horizon Europe, the Connecting Europe Facility, Erasmus +, EaSI and InvestEU. [Am. 29]

(17)  The Programme should be open, subject to certain conditions, to the participation of European Free Trade Association members, acceding countries, candidate countries and potential candidates benefiting from a pre-accession strategy as well as countries covered by the European Neighbourhood Policy and Union's strategic partners.

(18)  Third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences. The contributions of third countries to the Programme should be reported on an annual basis to the budgetary authority. [Am. 30]

(19)  The Programme should foster the cooperation between the Union and international organisations such as the United Nations Educational, Scientific and Cultural Organisation (UNESCO), the Council of Europe, including Eurimages and the European Audiovisual Observatory ("the Observatory"), the Organisation for Economic Co-operation and Development and the World Intellectual Property Organisation. This programme should also support the Union commitments relating to the Sustainable Development Goals, in particular its cultural dimension(15). As regards the audiovisual sector, the programme should ensure the Union's contribution to the work of the European Audiovisual Observatory.

(20)  Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the Union budget expenditures supporting climate objectives. Relevant actions will be identified during the Programme's preparation and implementation, and reassessed in the context of the relevant evaluations and review processes.

(21)  Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the TFEU apply to this Regulation. These rules are laid down in Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council(16) (the ‘Financial Regulation’) and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes, indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union´s budget in case of generalised deficiencies as regards the rule of law in the member States, as the respect for the rule of law is an essential precondition for sound financial management and effective Union funding.

(22)  Since its creation, the European Film Academy has developed a unique contributed, by means of its special expertise and is in a unique position to create to the development of a pan-European community of film creators and professionals, promoting and disseminating European films beyond their national borders and developing truly European audiences fostering the emergence of an international audience of all ages. Therefore, it should exceptionally be eligible for direct Union support in the context of its cooperation with the European Parliament in organising the LUX Film Prize. However, the direct support must be linked to the negotiation of a cooperation agreement, with specific missions and objectives, between the two parties and it should only be possible to provide the direct support once that agreement has been concluded. This does not preclude the European Film Academy from applying for funding for other initiatives and projects under the different strands of the Programme. [Am. 31]

(23)  Since its creation, the European Union Youth Orchestra has developed a unique expertise in promoting rich European musical heritage, access to music and intercultural dialogue, and mutual respect and understanding through culture, as well as in reinforcing the professionalism of young musicians, providing them with the skills necessary for a career in the cultural and creative sector. Member States and Union institutions, including successive Presidents of the Commission and of the European Parliament, have recognised the contribution of the European Union Orchestra. The particularity of the European Union Youth Orchestra lies in the fact that it is a European orchestra that transcends cultural boundaries and is composed of young musicians selected in accordance with demanding artistic criteria through a rigorous and transparent annual audition process in all Member States. Therefore, it should exceptionally be eligible for direct Union support on the basis of specific missions and objectives to be established and assessed regularly by the Commission. In order to secure that support, the European Union Youth Orchestra should increase its visibility, strive to achieve a more balanced representation of musicians from all Member States within the orchestra and diversify its revenues by actively seeking financial support from sources other than Union funding. [Am. 32]

(24)  Organisations from the cultural and creative sectors with a large European geographical coverage and whose activities entail delivering cultural services directly to the Union's citizens and that thus have the potential to have direct impact on European identity should be eligible for Union support.

(25)  In order to ensure efficient allocation of funds from the general budget of the Union, it is necessary to ensure the European added value of all actions and activities carried out with the Programme, their complementarity to Member States' activities, while consistency, complementarity and synergies should be sought with funding programmes supporting policy areas with close links to each other as well as with horizontal policies such as Union competition policy.

(26)  Financial support should be used to address market failures or sub-optimal investment situations, in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the Internal market. Actions should have a clear European added value and be suitable for the specific projects they support. The Programme should not only take into consideration the economic value of the projects but also their cultural and creative dimension and the specificity of the sectors concerned. [Am. 33]

(26a)  Funding from the programmes established by Regulation …/…[Neighbourhood Development and International Cooperation Instrument(17) and Regulation …/… [IPA III(18)] should also be used to finance actions under the international dimension of the Programme. Those actions should be implemented in accordance with this Regulation. [Am. 34]

(27)  One of the greatest challenges of The cultural and creative sectors is are innovative, resilient and growing sectors in the Union economy, which generate economic and cultural value from intellectual property and individual creativity. However, their fragmentation and the intangible nature of their assets limits their access to private financing. One of the greatest challenges for the cultural and creative sectors is to increase their access to finance allowing their activities , which is essential to grow, maintain or increase scale-up their competitiveness or internationalise their activities at the international level. The policy objectives of this Programme should also be addressed through financial instruments and budgetary guarantee, especially for SMEs, under the policy window(s) of the Invest EU Fund in line with the practices developed in the framework of the Cultural and Creative Sectors Guarantee Facility set up by Regulation (EU) No 1295/2013. [Am. 35]

(28)  Impact, quality and efficiency in implementation of the Project should constitute key evaluation criteria for the selection of the project in question. Taking into account the technical expertise required to assess proposals under specific actions of the Programme it should be provided that, where relevant, evaluation committees may be composed of external experts who should have a professional and management background related to the field of the application being evaluated. Where relevant, the need to ensure the overall coherence with the objectives of audience inclusion and diversity should be taken into account. [Am. 36]

(29)  The Programme should include a realistic and manageable system of quantitative and qualitative performance indicators to accompany its actions and monitor its performance on a continuous basis, taking into account the intrinsic value of the art and cultural and creative sectors. Such performance indicators should be developed with stakeholders. This monitoring as well as information and communication actions relating to the Programme and its actions should build on the three strands of the programme. The strands should take into account one or more quantitative and qualitative indicators. Those indicators should be assessed in accordance with this Regulation. [Am. 37]

(29a)  Considering the complexity and difficulty of finding, analysing and adapting data and of measuring the impact of cultural policies and defining indicators, the Commission should reinforce the cooperation within its services such as the Joint Research Centre and Eurostat with the purpose of gathering appropriate statistical data. The Commission should act in cooperation with centres of excellence in the Union, national statistical institutes and organisations relevant to the cultural and creative sectors in Europe and in collaboration with the Council of Europe, the Organisation for Economic Co-operation and Development (OECD) and Unesco. [Am. 38]

(30)  This Regulation lays down a financial envelope for the Creative Europe programme which is to constitute the prime reference amount, within the meaning of point 17 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(19), for the European Parliament and the Council during the annual budgetary procedure.

(31)  Regulation (EU, Euratom) No […] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants including those to third parties, prizes, procurement, financial instruments and budgetary guarantees.

(32)  The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their the project operator's ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the size of the operator and the project, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. [Am. 39]

(33)  In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(20), Council Regulation (Euratom, EC) No 2988/95(21), Council Regulation (Euratom, EC) No 2185/96(22) and Council Regulation (EU) 2017/1939(23), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council(24). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests, to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights.

(33a)  In order to optimise synergies between Union funds and directly managed instruments, the provision of support for operations that have already received a Seal of Excellence certification should be facilitated. [Am. 40]

(34)  Pursuant to Article 94 of Council Decision 2013/755/EU(25), persons and entities established in overseas countries and territories are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked. The constraints imposed by the remoteness of those countries or territories should be taken into account when implementing the Programme, and their effective participation should be monitored and regularly evaluated. [Am. 41]

(34a)  In accordance with Article 349 TFEU, measures should be taken to increase the outermost regions' participation in all actions. Mobility exchanges for their artists and their works, and cooperation between people and organisations from those regions and their neighbours and third countries should be fostered. It will thus be possible for the people to benefit equally from the competitive advantages that the cultural and creative industries can offer, in particular economic growth and employment. Such measures should be monitored and evaluated regularly. [Am. 42]

(35)  In order to amend non-essential elements of this Regulation, 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 in respect of indicators laid down in Article 15 and in Annex II. The Commission should carry out appropriate consultations during its preparatory work, including at expert level. Those consultations should be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(36)  In order to ensure smooth implementation of the continuity of funding support provided under the Programme and to cover the increasing funding gaps experienced by beneficiaries, the costs incurred by the beneficiary before the grant application is submitted, in particular costs related to intellectual property rights, may should be considered as eligible, provided that they are directly linked to the implementation of the supported actions. [Am. 43]

(37)  Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016, there is a need to evaluate this Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States. These requirements, where appropriate, can include measurable indicators, as a basis for evaluating the effects of the Programme on the ground.

(38)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt the work programmes. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(26). The power to adopt acts in accordance with Article 290 of the TFEU should be delegated to the Commission in respect of adopting work programmes. It is necessary to ensure the correct closure of the predecessor programme, in particular as regards the continuation of multi-annual arrangements for its management, such as the financing of technical and administrative assistance. As from [1 January 2021], the technical and administrative assistance should ensure, if necessary, the management of actions that have not yet been finalised under the predecessor programme by [31 December 2020]. [Am. 44]

(38a)  In order to ensure an effective and efficient implementation of the Programme, the Commission should ensure that there is no unnecessary bureaucratic burden on the applicants during the application stage or during the processing stage of the applications. [Am. 45]

(38b)  Particular attention should be paid to small-scale projects and their added value, given the specificities of the cultural and creative sectors. [Am. 46]

(39)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to equality between men and women and the right to non-discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and to promote the application of Articles 21 and 23 of the Charter of Fundamental Rights of the European Union. It is also in line with the United Nations Convention on the Rights or Persons with Disabilities.

(40)  Since the objectives of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of their transnational character, the high volume and wide geographical scope of the mobility and cooperation activities funded, their effects on access to learning mobility and more generally on Union integration, as well as their reinforced international dimension, 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 in order to achieve that objective.

(41)  Regulation (EU) No 1295/2013 should therefore be repealed with effect from [1 January 2021].

(42)  In order to ensure continuity in the funding support provided under the Programme, this Regulation should apply from [1 January 2021].

HAVE ADOPTED THIS REGULATION:

Chapter I

General Provisions

Article 1

Subject matter

This Regulation establishes the Creative Europe programme (the 'Programme’).

It lays down the objectives of the Programme, the budget for the period 2021 – 2027, the forms of Union funding and the rules for providing such funding.

Article 2

Definitions

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

(1)  'blending operation' means actions supported by the EU budget, including within blending facilities pursuant to Article 2(6) of the Financial Regulation, combining non-repayable forms of support and financial instruments from the EU budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors;

(2)  'cultural and creative sectors' means all sectors whose activities are based on cultural values or artistic and other individual or collective creative expressions, and practices, whether those activities are market or non-market oriented. The activities may include the development, the creation, the production, the dissemination and the preservation of practices, goods and services which embody cultural, artistic or other creative expressions, as well as related functions such as education or management. They will Many of those have a potential to generate innovation and jobs in particular from intellectual property. The sectors include architecture, archives, libraries and museums, artistic crafts, audiovisual (including film, television, video games and multimedia), tangible and intangible cultural heritage, design (including fashion design), festivals, music, literature, performing arts, books and publishing, radio, and visual arts, festivals, and design, including fashion design; [Am. 47]

(3)  'small and medium enterprises (SMEs)' means micro, small and medium-sized enterprises, as defined in Commission Recommendation 2003/361/EC(27)

(4)  'legal entity' means any natural or legal person created and recognised as such under national law, Union law or international law, which has legal personality and which may, acting in its own name, exercise rights and be subject to obligations, or an entity without a legal personality in accordance with [Article 197(2)(c)] of the Financial Regulation;

(5)  'the Seal of Excellence' is the high-quality label awarded to projects submitted to Creative Europe which are deemed to deserve funding but do not receive it due to budget limits. It recognises the value of the proposal and supports the search for alternative funding.

Article 3

Programme objectives

(1)  The general objectives of the Programme are:

(-a)  to contribute to the recognition and promotion of the intrinsic value of culture and to safeguard and promote the quality of European culture and creativity as a distinctive dimension of personal development, education, social cohesion, freedom of expression and opinion, and the arts, strengthening and enhancing democracy, critical thinking, the sense of belonging and citizenship and as sources for a pluralistic media and cultural landscape; [Am. 48]

(a)  to promote European cooperation on cultural, artistic and linguistic diversity and, including through enhancing the role of artists and cultural operators, the quality of European cultural and artistic production, and of the common tangible and intangible European cultural heritage; [Am. 49]

(b)  to increase foster the competitiveness of the all cultural and creative sectors and to increase their economic weight, in particular the audiovisual sector, by means of job creation in, and of increasing innovation, creativity of, those sectors. [Am. 50]

(2)  The programme has the following specific objectives:

(a)  enhancing the economic artistic, cultural social and external dimension of European level cooperation to develop and promote European cultural diversity and Europe's cultural tangible and intangible heritage, and strengthening the competitiveness and innovation of the European cultural and creative sectors and reinforcing international cultural relations; [Am. 51]

(aa)  promoting the cultural and creative sectors, including the audiovisual sector, supporting artists, operators, craftspeople and audience engagement with a particular focus on gender equality and underrepresented groups; [Am. 52]

(b)  promoting the , innovation, competitiveness and scalability of the European audiovisual sector, in particular of SMEs, independent production companies and organisations in the cultural and creative sectors and promoting the quality of the activities of the European audiovisual industry sector in a sustainable way aiming at a balanced sectoral and geographical approach; [Am. 53]

(c)  promoting policy cooperation and innovative actions, including new business and management models and creative solutions, supporting all strands of the programme and all cultural and creative sectors, including safeguarding the freedom of artistic expression and the promotion of a diverse, independent and pluralistic environment, cultural and media environments, media literacy, digital skills, cultural and artistic education, gender equality, active citizenship, intercultural dialogue, resilience and social inclusion, in particular of persons with disabilities, including through greater accessibility of cultural goods and services; [Am. 54]

(ca)  promoting the mobility of artists and the cultural and creative sectors’ operators and the circulation of their works; [Am. 55]

(cb)  providing the cultural and creative sectors with data, analyses and an adequate set of qualitative and quantitative indicators and developing a coherent system of evaluations and impact assessments, including those with a cross-sectoral dimension. [Am. 56]

(3)  The Programme shall cover the following strands:

(a)  "CULTURE" covers cultural and creative sectors with the exception of the audiovisual sector;

(b)  "MEDIA" covers the audiovisual sector;

(c)  "CROSS SECTORAL strand" covers activities across all cultural and creative sectors, including the news media sector. [Am. 57]

Article 3a

European added value

Recognising the intrinsic and economic value of culture and creativity and respecting the quality and plurality of Union values and policies.

The Programme shall support only those actions and activities which deliver potential European added value and which contribute to the achievement of the objectives referred to in Article 3.

The European added value of the actions and activities of the Programme shall be ensured, for example, through:

(a)  the transnational character of actions and activities which complement regional, national, international and other Union programmes and policies, and the impact of such actions and activities on citizens’ access to culture, the active engagement of citizens, education, social inclusion and intercultural dialogue;

(b)  the development and promotion of transnational and international cooperation between cultural and creative players, including artists, audiovisual professionals, cultural and creative organisations and SMEs and audiovisual operators, that are focused on stimulating more comprehensive, rapid, effective and long-term responses to global challenges, in particular to the digital shift;

(c)  the economies of scale and growth and jobs which Union support fosters, creating a leverage effect for additional funds;

(d)  ensuring a more level playing field in the cultural and creative sectors by taking account of the specificities of different countries, including countries or regions with a particular geographical or linguistic situation, such as the outermost regions recognised in Article 349 TFEU and the overseas countries or territories coming under the authority of a Member State listed in Annex II of the TFEU;

(e)  promoting a narrative on European common roots and diversity. [Am. 58]

Article 4

Strand CULTURE

In line with the objectives referred to in Article 3, the strand "CULTURE" shall have the following priorities:

(-a)  to promote artistic expression and creation; [Am. 59]

(-aa)  to nurture talents, competence and skills and to stimulate collaboration and innovation through the whole chain of the cultural and creative sectors, including heritage; [Am. 60]

(a)  to strengthen the cross-border dimension and, circulation and visibility of European cultural and creative operators and their works including through residency programmes, touring, events, workshops, exhibitions and festivals, as well as facilitating the exchange of best practices and enhancing professional capacities; [Am. 61]

(b)  to increase cultural access, participation and awareness, and audience engagement across Europe, especially with regard to people with disabilities or people from disadvantaged backgrounds; [Am. 62]

(c)  to promote societal resilience and to enhance social inclusion, intercultural and democratic dialogue and cultural exchange through arts, culture and cultural heritage; [Am. 63]

(d)  to enhance the capacity of European cultural and creative sectors to prosper and innovate, to create artistic works, to generate and to develop key competences, knowledge, skills, new artistic practices and sustainable jobs and growth and to contribute to local and regional development; [Am. 64]

(da)  to foster the professional capacity of persons in the cultural and creative sectors, empowering them through appropriate measures; [Am. 65]

(e)  to strengthen European identity and , active citizenship and the sense of community and democratic values through cultural awareness, arts cultural heritage, expression, critical thinking, artistic expression, visibility and recognition of creators, arts, education and culture-based creativity in education formal, non-formal and informal lifelong learning; [Am. 66]

(f)  to promote international capacity building of European cultural and creative sectors, including grass-roots and micro-organisations, to be active at the international level; [Am. 67]

(g)  to contribute to the Union 's global strategy for international cultural relations by aiming to ensure the long-term impact of the strategy through a people-to-people approach involving cultural diplomacy networks, civil society and grassroots organisations. [Am. 68]

The priorities are further detailed in Annex I.

As part of the specific actions pursued under the CULTURE strand, the music sector shall be a particular focus in terms of financial distribution and targeted actions. Tailor-made calls and instruments shall help boost the competitiveness of the music sector and address some of the specific challenges it faces. [Am. 69]

Article 5

Strand MEDIA

In line with the objectives referred to in Article 3, the strand "MEDIA" shall have the following priorities:

(a)  to nurture talents, competence, and skills and the use of digital technologies and to stimulate collaboration, mobility, and innovation in the creation and production of European audiovisual works, including across borders; [Am. 70]

(b)  to enhance the transnational and international circulation and online and offline distribution, in particular theatrical and online distribution and provide wider access across borders to , of European audiovisual works, including through innovative business models and the use of new technologies in the new digital environment; [Am. 71]

(ba)  to provide wider access to Union audiovisual works for international audiences, in particular through promotion, events, film literacy activities and festivals; [Am. 72]

(bb)  to enhance audiovisual heritage and to facilitate access to, and to support and promote, audiovisual archives and libraries as sources of memory, education, re-use and new business, including through the latest digital technologies; [Am. 73]

(c)  to promote European audiovisual works and support the engagement of audience development of all ages, in particular young audiences and people with disabilities, for the proactive and legal use of audiovisual works across Europe and beyond and for the sharing of user-generated content, including by promoting film and audiovisual education. [Am. 74]

These priorities shall be addressed through support to the creation, promotion, access, and dissemination of European works, spreading European values and common identity with the potential to reach large audiences of all ages within Europe and beyond, thereby adapting to new market developments and accompanying the Audiovisual Media Services Directive. [Am. 75]

The priorities are further detailed in Annex I.

Article 6

CROSS SECTORAL strand

In line with the objectives of the Programme referred to in Article 3, the "CROSS SECTORAL strand" shall have the following priorities:

(a)  to support cross-sectoral transnational policy cooperation including on promoting the role of culture for social inclusion and, in particular as regards for persons with disabilities and for enhancing democracy and to promote the knowledge of the programme and support the transferability of results in order to increase the visibility of the Programme; [Am. 76]

(b)  to promote innovative approaches to artistic content creation and artistic research, access, distribution and promotion taking into account copyright protection, across the cultural and creative sectors, covering both market and non-market dimensions; [Am. 77]

(c)  to promote cross cutting activities covering several sectors aiming at adjusting to the structural and technological changes faced by the media sector, including enhancing a free, diverse, and pluralistic media, artistic and cultural environment, quality professional ethics in journalism, critical thinking and media literacy, in particular among young people by helping with adapting to new medial tools and formats and countering the spread of disinformation; [Am. 78]

(d)  to set up, and support the active involvement of, programme desks in participating countries, to promote the Programme in their country countries, in a fair and balanced way, including through network activities on the ground, and to support the applicants in relation to the Programme and provide basic information on other relevant support opportunities available under Union funded programmes and to stimulate cross-border cooperation and the exchange of best practices within the cultural and creative sectors. [Am. 79]

The priorities are further detailed in Annex I.

Article 7

Budget

1.  The financial envelope for the implementation of the Programme for the period 2021 – 2027 shall be EUR 1 850 000 000 in current 2 806 000 000 in constant prices. [Am. 80]

The programme shall be implemented according to the following indicative financial distribution:

–  up to EUR 609 000 000 not less than 33 % for the objective referred to in Article 3 (2)(a) (strand CULTURE); [Am. 81]

–  up to EUR 1 081 000 000 not less than 58 % for the objective referred to in Article 3(2)(b) (strand MEDIA); [Am. 82]

–  up to EUR 160 000 000 9 % for the activities referred to in Article 3(2)(c) (CROSS SECTORAL strand) ensuring a financial allocation to each national Creative Europe Desk at least at the same level as the financial allocation provided for under Regulation (EU) No 1295/2013. [Am. 83]

2.  The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme, such as preparatory, monitoring, control, audit and evaluation activities including corporate information technology systems.

3.  In addition to the financial envelope as indicated in paragraph 1, and in order to promote the international dimension of the Programme, additional financial contributions may be made available from the external financing instruments [Neighbourhood, Development and International Cooperation Instrument, the Instrument for Pre-accession Assistance (IPA III)], to support actions implemented and managed in accordance with this Regulation. This contribution shall be financed in accordance with the Regulations establishing those instruments and reported every year to the budgetary authority, along with the contributions of third countries to the programme. [Am. 84]

4.  Resources allocated to Member States under shared management may, at their request, be transferred to the Programme. The Commission shall implement those resources directly in accordance with [Article 62(1)(a)] of the Financial Regulation or indirectly in accordance with [Article 62(1)(c)] of that Regulation. Where possible those resources shall be used for the benefit of the Member State concerned.

Article 8

Third countries associated to the Programme

1.  The Programme shall be open to the following third countries:

(a)  European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA), in accordance with the conditions laid down in the EEA agreement;

(b)  acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;

(c)  countries covered by the European Neighbourhood Policy, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and association Council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;

(d)  other countries, in accordance with the conditions laid down in a specific single agreement covering the participation of the third country to any Union programme, provided that the agreement:

(a)  ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes;

(b)  lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of [the new Financial Regulation];

(c)  does not confer to the third country a decisional power on the programme;

(d)  guarantees the rights of the Union to ensure sound financial management and to protect its financial interests.

Third countries may participate in the Programmes’ governance structures and stakeholder forums for the purpose of facilitating information exchange. [Am. 85]

2.  The participation to the MEDIA and CROSS SECTORAL strands by the countries referred to in points (a), (b) and (c) to (d) of paragraph 1 shall be subject to fulfilment of the conditions set out in Directive 2010/13/EU. [Am. 151]

3.  The agreements concluded with countries specified in point (c) of paragraph 1 may derogate from the obligations set out in paragraph 2 in duly justified cases.

3a.  Agreements with the third countries associated to the Programme under this Regulation shall be facilitated through procedures that are faster than those under Regulation (EU) No 1295/2013. Agreements with new countries shall be proactively promoted. [Am. 86]

Article 8a

Other third countries

The Programme may support cooperation with third countries other than those referred to in Article 8 with regard to actions financed through additional contributions from the external financing instruments according to Article 7(3) if it is in the Union's interest.

Article 9

Cooperation with international organisations and the European Audiovisual Observatory

1.  Access to the Programme shall be open to international organisations active in the areas covered by the Programme, such as Unesco, the Council of Europe, by means of a more structured collaboration with Cultural Routes and Euroimages, EUIPO Observatory, the World Intellectual Property Organisation and the OECD, on the basis of joint contributions, for the achievement of the Programme objectives and in accordance with the Financial Regulation. [Am. 87]

2.  The Union shall be a member of the European Audiovisual Observatory for the duration of the Programme. The Union's participation in the Observatory shall contribute to the achievement of the priorities of the MEDIA strand. The Commission shall represent the Union in its dealings with the Observatory. The MEDIA strand shall support the payment of the contribution fee for Union membership of the Observatory to foster and data collection and analysis in the audiovisual sector. [Am. 152]

Article 9a

Data gathering on culture and creative sectors

The Commission shall reinforce the cooperation within its services such as the Joint Research Centre and Eurostat with the purpose of gathering appropriate statistical data to measure and analyse the impact of cultural policies. For that task, the Commission shall act in cooperation with centres of excellence in Europe and national statistical institutes and shall act in collaboration with the Council of Europe, the OECD and Unesco. It shall thereby contribute to the achievement of the objectives of the CULTURE strand and closely follow further cultural policy developments, also by including stakeholders at an early stage in the reflection and adaptation of indicators common to different sectors or specific indicators per domain of activities. The Commission shall report regularly to the European Parliament on those activities. [Am. 88]

Article 10

Implementation and forms of EU funding

1.  The Programme shall be implemented in direct management in accordance with the Financial Regulation or in indirect management with bodies referred to in Article 62(1)(c) of the Financial Regulation.

2.  The Programme may provide funding in any of the forms laid down in the Financial Regulation, in particular grants, prizes, and procurement. It may also provide financing in the form of financial instruments within blending operations.

3.  Blending operations under this Programme shall be implemented in accordance with the [InvestEU regulation] and Title X of the Financial Regulation and the procedures laid down in [InvestEU Regulation]. The dedicated guarantee facility created under Creative Europe shall be continued under the [InvestEU regulation] and shall take account of the implementation practices developed in the framework of the Cultural and Creative Sectors Guarantee Facility set up by Regulation (EU) No 1295/2013. [Am. 89]

4.  Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the Financial Regulation. The provisions laid down in [Article X of] Regulation XXX [successor of the Regulation on the Guarantee Fund], built on, and taking into account, the implementation practices already developed, shall apply. [Am. 90]

4a.  In order to promote the international dimension of the Programme, the programmes established by Regulation …/…[Neighbourhood Development and International Cooperation Instrument]and Regulation …/… [IPA III] shall financially contribute to actions established under this Regulation. This Regulation shall apply to the use of those programmes, while ensuring conformity with the Regulations respectively governing them. [Am. 91]

Article 11

Protection of Financial Interest of the Union

Where a third country participates in the programme by a decision under an international agreement or by virtue of any other legal instrument, the third country shall grant the necessary rights and access required for the authorizing officer responsible, the European Anti-Fraud Office (OLAF), the European Court of Auditors to comprehensively exert their respective competences. In the case of OLAF, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013.

Article 12

Work programmes

1.  The Programme shall be implemented by annual work programmes referred to in Article 110 of the Financial Regulation. The adoption of work programmes shall be preceded by consultations with the various stakeholders in order to ensure that the actions planned will support the different sectors involved in the best way possible. Work programmes shall set out, where applicable, the overall amount reserved for blending operations, which shall not supplant direct funding in the form of grants.

The general and specific objectives and corresponding policy priorities and actions of the Programme, as well as the allocated budget per action, shall be specified in detail in the annual work programmes. The annual work programme shall also contain an indicative implementation timetable. [Am. 92]

2.  The Commission shall adopt delegated acts in accordance with Article 19 supplementing this Regulation by establishing annual work programme shall be adopted by the Commission by means of an implementing act programmes. [Am. 93]

Chapter II

Grants and eligible entities

Article 13

Grants

1.  Grants under the Programme shall be awarded and managed in accordance with Title VIII of the Financial Regulation.

1a.  The calls for proposal may take into account the necessity of ensuring appropriate support to small-scale projects under the CULTURE strand through measures that may include higher co-financing rates. [Am. 94]

1b.  The grants shall be awarded taking into account the following features of the project concerned:

(a)  quality of the project;

(b)  impact;

(c)  quality and efficiency in its implementation. [Am. 95]

2.  The evaluation committee may be composed of external experts. It shall meet in the physical presence of its members or remotely.

The experts shall have a professional background related to the field assessed. The evaluation committee may request the opinion of experts from the country of application. [Am. 96]

3.  By way of derogation from Article 193(2) of the Financial Regulation, and in duly justified cases, costs incurred by the beneficiary before the submission of the grant application, may shall be considered eligible, provided that they are directly linked to the implementation of the supported actions and activities. [Am. 97]

4.  Where applicable, the actions of the Programme shall define appropriate non-discrimination criteria, including on gender balance.

Article 14

Eligible entities

1.  The eligibility criteria set out in paragraphs 2 to 4 shall apply in addition to the criteria set out in [Article 197] of the Financial Regulation.

2.  The following entities are eligible:

(a)  legal entities established in any of the following countries:

(1)  a Member State or an overseas country or territory linked to it;

(2)  third countries associated to the Programme;

(3)  third country listed in the work programme under the conditions specified in paragraphs 3 and 4;

(b)  any legal entity created under Union law or any international organisation.

3.  Legal entities established in a third country, which is not associated to the Programme are exceptionally eligible to participate where this is necessary for the achievement of the objectives of a given action.

4.  Legal entities established in a third country, which is not associated to the programme should in principle bear the cost of their participation. Additional contributions from the external financing instruments according to Article 7(3) may cover the costs of their participation if it is in the Union's interest.

5.  The following entities may exceptionally be awarded grants without a call for proposal, on the basis of specific missions and objectives to be defined by the Commission and assessed regularly in line with the objectives of the Programme: [Am. 98]

(a)  The European Film Academy in the context of cooperation with the European Parliament on the LUX Film Prize, following a cooperation agreement negotiated between and signed by the parties and in collaboration with Europa Cinemas; until such time as the cooperation agreement has been concluded, the relevant appropriations shall be placed in the reserve; [Am. 99]

(b)  The European Union Youth Orchestra for its activities, including the regular selection of, and training for, young musicians from all Member States through residence programmes that offer mobility and the opportunity to perform in festivals and tours within the Union and at the international level and that contribute to the circulation of European culture across borders and to the internationalisation of young musicians’ careers, aiming at a geographical balance of participants; the European Union Youth Orchestra shall continuously diversify its revenues by actively seeking financial support from new sources, reducing its dependence on Union funding; the activities of the European Union Youth Orchestra shall be in line with the Programme and the CULTURE strand objectives and priorities, in particular audience engagement. [Am. 100]

Chapter III

Synergies and complementarity

Article 15

Complementarity

The Commission, in cooperation with the Member States, shall ensure the overall consistency and complementarity of the Programme with the relevant policies and programmes, in particular those relating to gender balance, education, in particular digital education and media literacy, youth and solidarity, employment and social inclusion, in particular for marginalised groups and minorities, research and innovation, including social innovation, industry and enterprise, agriculture and rural development, environment and climate action, cohesion, regional and urban policy, sustainable tourism, State aid, mobility and international cooperation and development, also in order to promote effective use of public funds;

The Commission shall ensure that, when the procedures laid down in [InvestEU Programme] are applied for the purposes of the Programme, they take into account the practices developed in the framework of the Cultural and Creative Sectors Guarantee Facility set up by Regulation (EU) No 1295/2013. [Am. 101]

Article 16

Cumulative and combined funding

1.  An action that has received a contribution under the Programme may also receive a contribution from any other Union programme, including Funds under Regulation (EU) No XX/XXXX [CPR], provided that the contributions do not cover the same costs. The cumulative financing shall not exceed the total eligible costs of the action and the support from different Union programmes may be calculated on a pro-rata basis.

2.  A proposal eligible under the Programme may be awarded a Seal of Excellence provided that it complies with the following cumulative conditions:

(a)  it has been assessed in a call for proposals under the Programme;

(b)  it complies with the minimum high quality requirements of that call for proposals; [Am. 102]

(c)  it may not be financed under that call for proposals due to budgetary constraints.

2a.  Proposals that have been awarded a Seal of Excellence may receive funding directly from other programmes and from funds under Regulation [CPR Regulation COM(2018)0375] in accordance with Article 67(5) thereof, provided that such proposals are consistent with the objectives of the Programme. The Commission shall ensure that the selection and award criteria for the projects to be awarded the Seal of Excellence are coherent, clear and transparent for the potential beneficiaries. [Am. 103]

Article 16a

Cultural and Creative Sectors Guarantee Facility under InvestEU

1.  Financial support through the new InvestEU Programme shall build on the objectives and the criteria of the Cultural and Creative Sectors Guarantee Facility taking into account the specificity of the sector.

2.  The InvestEU Programme shall provide:

(a)  SMEs and micro, small and medium-sized organisations in the cultural and creative sectors with access to finance;

(b)  guarantees to participating financial intermediaries from any country participating in the Guarantee Facility;

(c)  participating financial intermediaries with additional expertise to evaluate risks associated with SMEs and micro, small and medium-sized organisations and with cultural and creative projects;

(d)  the volume of debt financing made available to SMEs and micro, small and medium-sized organisations;

(e)  SMEs and micro, small and medium-sized organisations across regions and sectors with the ability to build a diversified loan portfolio and to propose a marketing and promotion plan;

(f)  the following types of loans: investment in tangible and intangible assets with the exclusion of personal collateral; business transfer; working capital, such as interim finance, gap finance, cash flow and credit lines. [Am. 104]

Chapter IV

Monitoring, Evaluation and Control

Article 17

Monitoring and reporting

1.  Indicators to report on progress of the Programme towards the achievement of the objectives laid down in Article 3 are set in Annex II.

1a.  The strands shall have a common set of qualitative indicators. Each strand shall have a dedicated set of indicators. [Am. 105]

2.  To ensure effective assessment of progress of the programme towards the achievement of its objectives, the Commission is empowered to adopt delegated acts in accordance with Article 19 to develop the provisions for a monitoring and evaluation framework, including amendments to Annex II in order to review or supplement the indicators where necessary for monitoring and evaluation. The Commission shall adopt a delegated act on indicators by 31 December 2022. [Am. 106]

3.  The performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently, effectively, and in a timely manner. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds and, where relevant, Member States.

Article 18

Evaluation

1.  Evaluations shall be carried out in a timely manner to feed into the decision-making process.

1a.  The available figures on the amount of commitment and payment appropriations that would have been needed to finance the projects awarded with the Seal of Excellence shall be communicated every year to the two branches of the budgetary authority, at least 3 months prior to the date of the publication of their respective positions on the Union budget for the following year, according to the commonly agreed calendar for the annual budgetary procedure. [Am. 107]

2.  The interim evaluation mid-term review of the Programme shall be performed once there is sufficient information available about the implementation of the Programme, but no later than four years after the start of the programme implementation by 30 June 2024.

The Commission shall submit the mid-term evaluation report to the European Parliament and to the Council by 31 December 2024.

The Commission shall submit, where necessary and on the basis of the mid-term review, a legislative proposal to revise this Regulation. [Am. 108]

3.  At the end of the implementation of the Programme, but no later than two years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out submitted by the Commission. [Am. 109]

4.  The Commission shall communicate the conclusions of the evaluations accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

5.  The evaluation reporting system shall ensure that data for programme evaluation are collected efficiently, effectively, in a timely manner and at the appropriate level of granularity. Such data and information shall be communicated to the Commission, in a way that complies with other legal provisions; for instance, when necessary, personal data shall be made anonymous. To that end, proportionate reporting requirements shall be imposed on recipients of Union funds.

Article 19

Exercise of the delegation

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

2.  The power to adopt delegated acts referred to in Articles 12(2) and 17 shall be conferred on the Commission until 31 December 2028.

3.  The delegation of power referred to in Articles 12(2) and 17 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 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.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

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

6.  A delegated act adopted pursuant to Articles 12(2) and 17 shall enter into force if no objection has been expressed either by the European Parliament or by 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.

Chapter V

Transitional and Final Provisions

Article 20

Information, communication and publicity

1.  The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding (in particular when promoting the actions and their results) by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public, in particular the name of the Programme and, for actions funded under the MEDIA strand, the MEDIA logo. The Commission shall develop a CULTURE logo which shall be used for actions funded under the CULTURE strand. [Am. 110]

2.  The Commission shall implement information and communication actions relating to the Programme, and its actions and results supported through its strands. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3.

Article 21

Repeal

Regulation (EU) No 1295/2013 is repealed with effect from 1 January 2021.

Article 22

Transitional provisions

1.  This Regulation shall not affect the continuation or modification of the actions concerned, until their closure, under Regulation (EU) No 1295/2013 which shall continue to apply to the actions concerned until their closure.

2.  The financial envelope for the Programme may also cover technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted under Regulation (EU) No 1295/2013.

3.  If necessary, appropriations may be entered in the budget beyond 2027 to cover the expenses provided for in Article 7(4), to enable the management of actions not completed by 31 December 2027.

Article 23

Entry into force

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

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

Done at …,

For the European Parliament For the Council

The President The President

ANNEX I

Complementary information about the activities to be funded

1.  CULTURE STRAND

The priorities of the CULTURE strand of the Programme referred to in Article 4 shall be pursued through the following actions:

Horizontal actions:

(a)  Transnational cooperation projects with a clear distinction between small, medium and large scale projects and with special attention to micro and small-sized cultural organisations; [Am. 111]

(b)  European networks of cultural and creative organisations from different countries;

(c)  Cultural and creative pan-European platforms;

(d)  Mobility of artists, artisans and cultural and creative operators in their transnational activity including covering costs related to artistic activity, circulation of artistic and cultural works; [Am. 112]

(e)  Support to cultural and creative organisations to operate at international level and to develop their capacity building; [Am. 113]

(f)  Policy development, cooperation and implementation in the field of culture, including through the provision of data and exchange of best practices or pilot projects.

Sectorial actions:

(a)  Support to the music sector: promoting diversity, creativity and innovation in the field of music, in particular live music sector, also through networking, the distribution of and promotion of a diverse European musical works and repertoire in Europe and beyond, training actions and participation in and access to, music, audience development for European repertoire, the visibility and recognition of creators, promoters and artists, in particular young and emerging ones, as well as support for data gathering and analysis; [Am. 114]

(b)  Support to the book and publishing sector: targeted actions promoting diversity, creativity and, innovation, in particular the translation and , the adaptation in accessible formats for people with disabilities, promotion of European literature across borders in Europe and beyond, also through libraries, training and exchanges for sector professionals, authors and translators as well as transnational projects for collaboration, innovation and development in the sector; [Am. 115]

(c)  Support to architecture and cultural heritage sectors and architecture: targeted actions for the mobility of operators, research, establishment of high quality standards, capacity-building, sharing of the professional knowledge and skills for artisans, audience development and internationalization of the cultural heritage and architecture sectors, promotion of Baukultur engagement, support to the safeguarding, conservation and , regeneration of life space, adaptive re-use, promotion of Baukultur, sustainability, dissemination, enhancement and internationalization of cultural heritage and its values through awareness-raising, networking and peer-to-peer learning activities; [Am. 116]

(d)  Support to other sectors: targeted promotion actions in favour of the development of the creative aspects of other sectors, including the design and fashion sectors and a sustainable cultural tourism as well as to their promotion and representation outside the European Union. [Am. 117]

Support to all cultural and creative sectors in areas of common need, whereas a sectoral action may be developed as appropriate in cases where the specificities of a sub-sector justify a targeted approach. A horizontal approach shall be taken for transnational projects for collaboration, mobility and internationalisation, including through residency programmes, touring, events, live performances, exhibitions and festivals, as well as for the promotion of diversity, creativity and innovation, training and exchanges for sector professionals, capacity building, networking, skills, audience development and data gathering and analysis. Sectoral actions shall benefit from budgets which are proportionate to the sectors identified as priorities. Sectoral actions should help address the specific challenges faced by the different priority sectors identified in this Annex, building on existing pilot projects, and preparatory actions. [Am. 118]

Special actions aiming at rendering visible and tangible European identity and its cultural diversity and heritage and nurturing intercultural dialogue: [Am. 119]

(a)  European Capitals of Culture ensuring financial support to Decision No 445/2014/EU of the European Parliament and of the Council(28);

(b)  European Heritage Label ensuring financial support to Decision No 1194/2011/EU of the European Parliament and of the Council(29) and network of the European Heritage Label sites; [Am. 120]

(c)  EU cultural prizes, including the European Theatre Prize; [Am. 121]

(d)  European Heritage Days;

(da)  actions aiming at interdisciplinary productions relating to Europe and its values; [Am. 122]

(e)  Support to such European cultural institutions that aim at delivering direct cultural service to European citizens with a large geographical coverage.

2.  MEDIA STRAND

The priorities of the MEDIA strand of the Programme referred to in Article 5 shall take into account the requirements of Directive 2010/13/EU and the differences across countries regarding audiovisual content production, distribution, and access, as well as the size and specificities of the respective markets and shall be pursued through, inter alia: [Am. 123]

(a)  Development of European audiovisual works, in particular films and television works such as fiction, short films, documentaries, children's films and animated films, and interactive works such as quality and narrative video games and multimedia, with enhanced cross-border circulation potential by European independent production companies; [Am. 124]

(b)  Production of innovative and quality TV content and serial storytelling, for all ages, by supporting European independent production companies; [Am. 125]

(ba)  Support to initiatives dedicated to the creation and promotion of works related to the history of European integration and to European stories; [Am. 126]

(c)  Promotion, advertising and marketing tools, including on line and through the use of data analytics, to increase the prominence, visibility, cross-border access, and audience reach of European works; [Am. 127]

(d)  Support to international sales and circulation of non-national European works on all platforms targeting both small and large-sized productions on all platforms, including through coordinated distribution strategies covering several countries and subtitling, dubbing and audio description; [Am. 128]

(da)  Actions aimed at supporting low capacity countries to improve their respective identified shortcomings; [Am. 129]

(e)  Support to business to business exchanges and networking activities to facilitate European and international co-productions and the circulation of European works; [Am. 130]

(ea)  Support to European networks of audiovisual creators from different countries aiming at nurturing creative talents in the audiovisual sector; [Am. 131]

(eb)  Specific measures to contribute to the fair treatment of creative talent in the audiovisual sector; [Am. 132]

(f)  Promote European works in industry events and fairs in Europe and beyond;

(g)  Initiatives promoting audience development and film engagement, in particular in cinemas and film and audiovisual education addressing in particular young audiences; [Am. 133]

(h)  Training and mentoring activities to enhance the capacity of audiovisual operators, including artisans and craftspeople, to adapt to new market developments and digital technologies; [Am. 134]

(i)  A One or more European Video on Demand (VOD) networks of operators' network, screening a significant proportion of non-national European works; [Am. 135]

(j)  European festivals' network(s) and festivals networks screening and promoting a variety of European audiovisual works, with a significant proportion of non-national European works; [Am. 136]

(k)  A European cinema operators' network, screening a significant proportion of non-national European films, contributing to reinforce the role of cinema theatres in the value chain and highlighting public screenings as a social experience; [Am. 137]

(l)  Specific measures, including mentoring and networking activities, to contribute to a more balanced gender participation in the audiovisual sector; [Am. 138]

(m)  Support policy dialogue, innovative policy actions and exchange of best practices – including through analytical activities and the provision of reliable data;

(n)  Transnational exchange of experiences and know-how, peer learning activities and networking among the audiovisual sector and policy makers.

(na)  Support to the circulation of, and multilingual access to, cultural television content online and offline, including through subtitling, in order to promote the richness and diversity of European cultural heritage, contemporary creations and languages. [Am. 139]

3.  CROSS SECTORAL STRAND

The priorities of the CROSS SECTORAL strand of the Programme referred to in Article 6 shall be pursued through, in particular:

Policy Cooperation and outreach:

(a)  Policy development, transnational exchange of experiences and know-how, peer learning activities, including peer mentoring for newcomers to the Programme, awareness raising and networking among cultural and creative organisations and policy makers of a cross-sectoral nature also through a permanent structural dialogue with stakeholders, and with a Forum of Culture and Creative Sectors for strengthening dialogue and the orientation of sector policies; [Am. 140]

(b)  Analytical cross-sectoral activities;

(c)  Support actions that aim at fostering trans-border policy cooperation and policy development on the role of social inclusion through culture;

(d)  Enhance knowledge of the programme and the topics it covers, foster citizen outreach, and help the transferability of results beyond Member State level.

The Creative Innovation Lab:

(a)  Encourage new forms of creation at the cross roads between different cultural and creative sectors, and with operators of other sectors, for instance through the use of, and mentoring in the use of, innovative technologies within cultural organisations and collaboration through digital hubs; [Am. 141]

(b)  Foster innovative cross sectoral approaches and tools to facilitate access, distribution, promotion and monetisation of culture and creativity, including cultural heritage.

(ba)  Actions aiming at interdisciplinary productions relating to Europe and its values; [Am. 142]

Programme Desks:

(a)  Promote the programme at national level and provide relevant information on the various types of financial support available under union policy and on the evaluation criteria, procedure and results; [Am. 143]

(b)  Support potential beneficiaries in application processes, stimulate cross border cooperation and the exchange of best practices between professionals, institutions, platforms and networks within and across the policy areas and sectors covered by the programme; [Am. 144]

(c)  Support the Commission in ensuring a bottom-up and top-down proper communication and dissemination of the results of the programme to the citizens and to the operators. [Am. 145]

Cross cutting activities supporting the news media sector:

(a)  Addressing the structural and technological changes faced by the news media sector by promoting and monitoring a diverse an independent and pluralistic media environment and supporting independent monitoring for assessing risks and challenges to media pluralism and freedom; [Am. 146]

(b)  Supporting high media production standards by fostering cooperation, digital skills, cross-border collaborative journalism, and quality content and sustainable media economic models to ensure professional ethics in journalism; [Am. 147]

(c)  Promoting media literacy to allow citizens, in particular young people, to develop a critical understanding of the media and supporting the creation of a Union platform to share media literacy practices and policies among all the Member States, including through university networks of radio and media which deal with Europe and providing news media professionals with training programmes in order to recognise and tackle disinformation. [Am. 148]

(ca)  Fostering and safeguarding political and civil society dialogue on threats to media freedom and media pluralism in Europe; [Am. 149]

ANNEX II

COMMON QUALITATIVE AND QUANTITATIVE IMPACT INDICATORS OF THE PROGRAMME

(1)  Benefit for citizens and communities;

(2)  Benefit for the strengthening of European cultural diversity and cultural heritage;

(3)  Benefit for the Union economy and jobs, in particular cultural and creative sectors and SMEs;

(4)  Mainstreaming of Union policies, including international cultural relations;

(5)  European added value of projects;

(6)  Quality of partnerships and cultural projects;

(7)  Number of people accessing European cultural and creative works supported by the Programme;

(8)  Number of employment positions linked to the funded projects;

(9)  Gender balance, where needed, mobility and empowerment of the operators in the cultural and creative sectors. [Am. 150]

Indicators

CULTURE STRAND:

Number and scale of transnational partnerships created with the support of the Programme

Number of artists & cultural &/or creative players (geographically) mobile beyond national borders due to Programme support, by country of origin

Number of people accessing European cultural and creative works generated by the Programme, including works from countries other than their own

The number of projects supported by the Programme addressed to disadvantaged groups, namely unemployed youth and migrants

The number of projects supported by the Programme involving third countries organisations

MEDIA STRAND:

The number of people accessing European audiovisual works from countries other than their own and supported by the Programme

Number of participants in learning activities supported by the Programme who assess they have improved their competences and increased their employability

Number and budget of co-productions developed and created with the support of the Programme

Number of people reached by Business to Business promotional activities in major markets

CROSS-SECTORAL STRAND:

Number and scale of transnational partnerships formed (composite indicator for creative innovation labs and news media actions)

Number of events promoting the Programme organised by the programme desks

(1) OJ C 110, 22.3.2019, p. 87.
(2) Not yet published in the Official Journal.
(3)OJ C 110, 22.3.2019, p. 87.
(4)OJ C […], […], p. […].
(5) Position of the European Parliament of 28 March 2019.
(6)COM(2018)0267.
(7)Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC (OJ L 130, 17.5.2019, p. 82).
(8)COM(2016)0287.
(9) Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU 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) in view of changing market realities (OJ L 303, 28.11.2018, p. 69).
(10) Decision (EU) 2017/864 of the European Parliament and of the Council of 17 May 2017 on a European Year of Cultural Heritage (2018) (OJ L 131, 20.5.2017, p. 1).
(11) 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).
(12)JOIN/2016/029
(13)COM(2014)0477.
(14)COM(2017)0479.
(15)2030 Agenda for Sustainable Development, adopted by the United Nations in September 2015, A/RES/70/1
(16) Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).
(17) 2018/0243(COD).
(18) 2018/0247(COD).
(19)OJ C 373, 20.12.2013, p. 1.
(20)Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L248, 18.9.2013, p. 1).
(21)Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p.1).
(22)Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L292, 15.11.1996, p.2).
(23)Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L283, 31.10.2017, p.1).
(24)Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
(25) Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union (Overseas Association Decision) (OJ L 344, 19.12.2013, p. 1).
(26)Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(27)OJ L 124, 20.5.2003
(28)Decision No 445/2014/EU of the European Parliament and of the Council of 16 April 2014 establishing a Union action for the European Capitals of Culture for the years 2020 to 2033 and repealing Decision No 1622/2006/EC (OJ L 132, 3.5.2014, p. 1).
(29)Decision No 1194/2011/EU of the European Parliament and of the Council of 16 November 2011 establishing a European Union action for the European Heritage Label (OJ L 303, 22.11.2011, p. 1).


‘Erasmus’: the Union programme for education, training, youth and sport ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 28 March 2019 on the proposal for a regulation of the European Parliament and of the Council establishing ‘Erasmus’: the Union programme for education, training, youth and sport and repealing Regulation (EU) No 1288/2013 (COM(2018)0367 – C8-0233/2018 – 2018/0191(COD))
P8_TA(2019)0324A8-0111/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0367),

–  having regard to Article 294(2) and Articles 165(4) and 166(4) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0233/2018),

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

–  having regard to the opinion of the European Economic and Social Committee of 17 October 2018(1),

–  having regard to the opinion of the Committee of the Regions of 6 February 2019(2),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Culture and Education and the opinions of the Committee on Development, the Committee on Budgets and the Committee on Employment and Social Affairs (A8-0111/2019),

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

2.  Approves its statement annexed to this resolution;

3.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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 28 March 2019 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council establishing ‘Erasmus’ ‘Erasmus+’: the Union programme for education, training, youth and sport and repealing Regulation (EU) No 1288/2013 [Am. 1 This amendment applies throughout the text]

P8_TC1-COD(2018)0191


(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 165(4) and 166(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(3),

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

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

Whereas:

(1)  In a context of rapid and profound changes induced by technological revolution and globalisation, Investing in learning mobility for all, regardless of social or cultural background and irrespective of means, as well as in cooperation and innovative policy development in the fields of education, training, youth and sport is key to building inclusive, democratic, cohesive and resilient societies and sustaining the competitiveness of the Union, while contributing to strengthening European identity, principles and values and to a more democratic Union. [Am. 2]

(2)  In its Communication on Strengthening European Identity through Education and Culture of 14 November 2017, the Commission put forward its vision to work towards a European Education Area by 2025, in which learning would not be hampered by borders; a Union, where spending time in another Member State for purposes of studying and learning in any form or setting would become the standard and where, in addition to one's mother tongue, speaking two other languages would become the norm; a Union in which people would have a strong sense of their identity as Europeans, of Europe's cultural heritage and its diversity. In this context, the Commission emphasised the need to boost the tried-and-tested Erasmus+ programme in all categories of learners that it already covers and reaching out to learners with fewer opportunities.

(3)  The importance of education, training and youth for the future of the Union is reflected in the Commission's Communication of 14 February 2018 entitled 'A new, modern Multiannual Financial Framework for a European Union that delivers efficiently on its priorities post-2020'(6), which stresses the need to deliver on the commitments made by the Member States at the Gothenburg Social Summit, including through the full implementation of the European Pillar of Social Rights(7) and its first principle on education, training and lifelong learning. The Communication stresses the need to step up mobility and exchanges, including through a substantially strengthened, inclusive and extended programme, as had been called for by the European Council in its conclusions of 14 December 2017.

(4)  The European Pillar of Social Rights, solemnly proclaimed and signed on 17 November 2017 by the European Parliament, the Council and the Commission, lays down, as its first key principle, that everyone has the right to quality and inclusive education, training and lifelong learning in order to maintain and acquire skills that enable them to participate fully in society and manage successfully transitions in the labour market. The European Pillar of Social Rights also makes clear the importance of good quality early childhood education and of ensuring equal opportunities for all. [Am. 3]

(5)  On 16 September 2016 in Bratislava, leaders of twenty-seven Member States stressed their determination to provide better opportunities for youth. In the Rome Declaration signed on 25 March 2017, leaders of twenty-seven Member States and of the European Council, the European Parliament and the European Commission pledged to work towards a Union where young people receive the best education and training and can study and find jobs across the Union continent; a Union which preserves our cultural heritage and promotes cultural diversity; a Union which fights unemployment, discrimination, social exclusion and poverty. [Am. 4]

(6)  The mid-term evaluation report of the 2014-2020 Erasmus+ programme confirmed that the creation of a single programme on education, training, youth and sport resulted in significant simplification, rationalisation and synergies in the management of the Programme while further improvements are necessary to further consolidate the efficiency gains of the 2014-2020 Programme. In the consultations for the mid-term evaluation and on the future Programme, Member States and stakeholders made a strong call for continuity in the Programme's scope, architecture and delivery mechanisms, while calling for a number of improvements, such as making the Programme more inclusive, simpler and more manageable for smaller beneficiaries and smaller projects. They also expressed their full support for keeping the Programme integrated and underpinned by the lifelong learning paradigm. The European Parliament, in its Resolution of 2 February 2017 on the implementation of Erasmus+, welcomed the integrated structure of the programme and called on the Commission to exploit fully the lifelong learning dimension of the programme by fostering and encouraging cross-sectoral cooperation in the future programme. The Commission's Impact Assessment, Member States and stakeholders also highlighted the need to keep a strong further strengthen the international dimension in the Programme and to extend it to other sectors of education and training, as well as to youth and sport. [Am. 5]

(7)  The open public consultation on Union funding in the areas of values and mobility confirmed these key findings and emphasised the need to make the future programme a more inclusive programme and to continue to focus priorities on modernising education and training systems as well as strengthening priorities on fostering European identity, active citizenship and participation in democratic life.

(7a)  The European Court of Auditors, in its Special Report No. 22/2018 of 3 July 2018 on Erasmus+(8), underlined that the Programme has delivered demonstrable European added value, but that not all dimensions of that added value, such as a greater sense of European identity or enhanced multilingualism, are being adequately taken into account or measured. The Court considered that the next Programme should ensure that indicators are better aligned with the objectives of the Programme to ensure proper performance assessment. The Court's report also noted that, despite simplification efforts in the 2014-2020 Programme, administrative burdens remain too high and therefore recommended that the Commission further simplify Programme procedures, in particular application procedures and reporting requirements, and that it improve IT tools. [Am. 6]

(8)  In its Communication on 'A modern budget for a Union that protects, empowers and defends - the multiannual financial framework for 2021-2027'(9) adopted on 2 May 2018, the Commission called for greater investment in people and a stronger “youth” focus in the next financial framework, notably by more than doubling the size of the 2014-2020 and recognised that the Erasmus+ Programme, has been one of the Union’s most visible success stories. The focus of the new Despite that overall success, the 2014-2020 Programme should be on inclusiveness, and to reach more young remained unable to meet the high demand for funding and suffered from low project success rates. To remedy those shortcomings, it is necessary to increase the multiannual budget for the successor Programme to the 2014-2020 Programme. Moreover, the successor Programme aims to be more inclusive by reaching more people with fewer opportunities. This should allow more young people to move to another country to learn or work, and incorporates a number of new and ambitious initiatives. Therefore, as underlined by the European Parliament in its resolution of 14 March 2018 on the next multiannual financial framework, it is necessary to triple the budget, in constant prices, for the successor Programme as compared to the multiannual financial framework for the 2014-2020 period. [Am. 7]

(9)  In this context, it is necessary to establish the successor programme for education, training, youth and sport (the 'Programme') of the 2014-2020 Erasmus + programme established by Regulation (EU) No 1288/2013 of the European Parliament and the Council(10). The integrated nature of the 2014-2020 programme covering learning in all contexts - formal, non-formal and informal, and at all stages of life - should be maintained reinforced in order to ensure a lifelong learning approach and to boost flexible learning paths allowing individuals to develop those people to acquire and improve the knowledge, skills and competences that are necessary to develop as individuals and to face the challenges and make the most of the opportunities of the twenty-first century. Such an approach should also recognise the value of non-formal and informal education activities and the links between them. [Am. 8]

(10)  The Programme should be equipped to become an even greater contributor to the implementation of the Union's policy objectives and priorities in the field of education, training, youth and sport. A coherent lifelong learning approach is central to managing the different transitions that people will face over the course of their life cycle, in particular older people who need to learn new life skills or skills for an evolving labour market. Such an approach should be encouraged through effective cross-sectoral cooperation and through greater interaction among different forms of education. In taking this approach forward, the next Programme should maintain a close relationship with the overall strategic framework for Union policy cooperation in the field of education, training and youth, including the policy agendas for schools, higher education, vocational education and training and adult learning, while reinforcing and developing new synergies with other related Union programmes and policy areas. [Am. 9]

(10a)  Organisations operating in a cross-border context provide an important contribution to the transnational and international dimension of the Programme. Therefore, where applicable, the Programme should provide support to relevant Union-level networks and European and international organisations whose activities relate to and contribute to the objectives of the Programme. [Am. 10]

(11)  The Programme is a key component of building a European Education Area and of developing the key competences for lifelong learning, as set out in the Council Recommendation of 22 May 2018 on key competences for lifelong learning(11), by 2025. It should be equipped to contribute to the successor of the strategic framework for cooperation in education and training and the Skills Agenda for Europe(12) with a shared commitment to the strategic importance of skills, and competences and knowledge for sustaining and creating jobs, growth and, competitiveness, innovation and social cohesion. It should support Member States in reaching the goals of the Paris Declaration on promoting citizenship and the common values of freedom, tolerance and non-discrimination through education(13). [Am. 11]

(12)  The Programme should be coherent with the new European Union youth strategy(14), the framework for European cooperation in the youth field for 2019-2027, based on the Commission's Communication of 22 May 2018 on 'Engaging, connecting and empowering young people: a new EU Youth Strategy'(15), including the Strategy's aim of supporting high-quality youth work and non-formal learning. [Am. 12]

(13)  The Programme should take into account the Union work plan for sport which is the cooperation framework at Union level in the field of sport for the years […](16). Coherence and complementarity should be ensured between the Union work plan and actions supported under the Programme in the field of sport. There is a need to focus in particular on grassroots sports, taking into account the important role that sports play in promoting physical activity and a healthy lifestyle, interpersonal relations, social inclusion and equality. The Programme should support mobility actions only in the context of grassroots sport, both for young people practising organised sport on a regular basis and sport staff. It is also important to recognise that sport staff can be professionals, in the sense that they earn a living through sport, and yet still be engaged in grassroots sport. Mobility actions should therefore also be open to this group. The Programme should contribute to promote promoting common European common values through sport, good governance and integrity in sport, sustainability and good environmental practices in sport, as well as education, training and skills in and through sport. It should be possible for all relevant stakeholders, including education and training institutions, to participate in partnerships, cooperation and policy dialogue in the field of sport. [Am. 13]

(14)  The Programme should contribute to strengthening the Union's innovation capacity notably by supporting mobility and cooperation activities that foster the development of skills and competences in forward-looking study fields or disciplines such as science, technology, arts, engineering and mathematics (STEAM), climate change, the environment environmental protection, sustainable development, clean energy, artificial intelligence, robotics, data analysis and arts/design, design and architecture, and digital and media literacy, to help people develop knowledge, skills and competences needed for the future. [Am. 14]

(14a)  In line with its mission to drive innovation in education and training, the Programme should support the development of educational and learning strategies targeted at gifted and talented children, irrespective of their nationality, socio-economic status or gender. [Am. 15]

(14b)  The Programme should contribute to the follow-up of the European Year of Cultural Heritage by supporting activities designed to develop skills needed to protect and preserve European cultural heritage and to exploit fully the educational opportunities the cultural and creative sector offers. [Am. 16]

(15)  Synergies with Horizon Europe should ensure that combined resources from the Programme and the Horizon Europe Programme(17) are used to support activities dedicated to strengthening and modernising European higher education institutions. Horizon Europe will, where appropriate, complement the Programme's support for actions and initiatives that demonstrate a research dimension, such as the European Universities initiative, in particular its research dimension as part of developing new joint and integrated long term long-term and sustainable strategies on education, research and innovation. Synergies with Horizon Europe will help to foster the integration of education and research, in particular in higher education institutions. [Am. 17]

(16)  The Programme should be more inclusive by improving its outreach to those participation rates among people with fewer opportunities. It is important to recognise that low levels of participation among people with fewer opportunities could stem from different causes and depend on different national contexts. Therefore, within a Union-wide framework, national agencies should develop inclusion strategies with measures to improve outreach, simplify procedures, offer training and support and monitor effectiveness. Other mechanisms for enhancing inclusion should be used, including through by providing more flexible learning mobility formats in line with the needs of people with fewer opportunities, and by fostering the participation of small and local organisations, in particular newcomers and community-based grassroots organisations that work directly with disadvantaged learners of all ages. Virtual formats, such as virtual cooperation, blended and virtual mobility, should be promoted to reach more participants, in particular those with fewer opportunities and those for whom moving physically to a country other than their country of residence would be an obstacle. [Am. 18]

(16a)  Where people with fewer opportunities are unable to participate in the Programme for financial reasons, whether because of their economic situation or because of the higher Programme participation costs that their specific situation generates, as is often the case for people with disabilities, the Commission and the Member States should ensure that adequate financial support measures are put in place. Such measures can include other Union instruments, such as the European Social Fund Plus, national schemes or grant adjustments or top-ups through the Programme. In assessing whether people with fewer opportunities are unable to participate in the Programme for financial reasons and the level of support they require, objective criteria should be used. The additional costs of measures to facilitate inclusion should never constitute grounds for rejection of an application. [Am. 19]

(16b)  The Programme should continue to focus its support on physical learning mobility and should open up greater opportunities for people with fewer opportunities to benefit from physical learning mobility actions. At the same time, it should be recognised that virtual formats, such as virtual cooperation, blended learning and virtual learning, can effectively complement physical learning mobility and maximise its effectiveness. In exceptional cases, where people are unable to participate in mobility actions and activities, virtual formats may enable them to enjoy many of the benefits of the Programme in a cost-effective and innovative way. Therefore, the Programme should also provide support for such virtual formats and tools. Such formats and tools, in particular those used for language learning, should be made as widely available as possible to the public. [Am. 20]

(16c)  In line with the obligations of the Union and the Member States under the United Nations Convention on the Rights of Persons with Disabilities, in particular Article 9 thereof on accessibility and Article 24 thereof on education, special attention should be given to ensuring that people with disabilities enjoy non-discriminatory and barrier-free access to the Programme. To that end, additional support, including financial support, should be provided, where required. [Am. 21]

(16d)  Legal and administrative obstacles, such as difficulties in obtaining visas and residence permits and in accessing support services, in particular health services, can impede access to the Programme. Therefore, Member States should adopt all necessary measures to remove such obstacles, in full compliance with Union law, and to facilitate cross-border exchanges, for example by issuing the European Health Insurance Card. [Am. 22]

(17)  In its Communication on Strengthening European identity through education and culture, the Commission highlighted the pivotal role of education, culture and sport in promoting active citizenship, and common values and a sense of solidarity amongst the youngest generations. Strengthening European identity and fostering the active participation of individuals and civil society in the democratic processes is crucial for the future of Europe and our democratic societies. Going abroad to study, learn, train and work or to participate in youth and sport activities contributes to strengthening this European identity in all its diversity and the sense of being part of a cultural community as well as to fostering such active citizenship, social cohesion and critical thinking among people of all ages. Those taking part in mobility activities should get involved in their local communities as well as engage engaging in their host country local communities to share their experience. Activities linked to reinforcing all aspects of creativity in education, training and youth and enhancing individual key competencies competences should be supported. [Am. 23]

(17a)  It is important that the Programme deliver European added value. Therefore, actions and activities should only be eligible for funding under the Programme if they can demonstrate potential European added value. It should be possible to demonstrate European added value in a number of ways, for example through the transnational character of the actions, their complementarity and synergies with other Union programmes and policies, their contribution to the effective use of Union transparency and recognition tools, their contribution to the development of Union-wide quality assurance standards, their contribution to the development of Union-wide common standards in education and training programmes, their promotion of multilingualism and intercultural and interfaith dialogue, their fostering of a European sense of belonging and their strengthening of European citizenship. [Am. 24]

(18)  The international dimension of the Programme should be boosted aiming at by offering a greater number of opportunities for both individuals and organisations for mobility, cooperation and policy dialogue with third countries not associated to the Programme, in particular developing countries. The international dimension should support skills development and people-to-people exchanges and, for nationals of developing countries in particular, should support the transfer of knowledge back to their countries of origin at the end of their periods of study. It should also strengthen capacity-building of education systems in developing countries. Building on the successful implementation of international higher education and youth activities under the predecessor programmes in the fields of education, training and youth, the international mobility activities should be extended to other sectors, such as in vocational education and training and sport. [Am. 25]

(18a)  To enhance the impact of activities in developing countries, it is important to enhance synergies between Erasmus+ and instruments for Union external action, such as the Neighbourhood, Development and the International Cooperation Instrument and the Instrument for Pre-Accession Assistance. [Am. 26]

(19)  The basic architecture of the 2014-2020 programme in three chapters - education and training, youth and sport – structured around three key actions has proved successful and should be maintained. Improvements to streamline and rationalise the actions supported by the Programme should be introduced.

(20)  The Programme should reinforce existing learning mobility opportunities, notably in those sectors where the Programme could have the biggest efficiency gains, to broaden its reach and meet the high unmet demand. This should be done notably by increasing and facilitating mobility activities for higher education students and staff, school pupils and staff, including pre-school teachers and early-years education and care staff and learners in and staff in vocational education with targeted measures that take into account the specific educational needs of the intended beneficiaries. Mobility opportunities for vocational education and training . Mobility of low-skilled adult learners in border regions should be embedded in partnerships for cooperation further promoted in order to prepare them for the specific cross-border labour market context. The Programme should also offer mobility opportunities for adult education learners and staff. The main objectives of adult education are the transfer of knowledge, competences and skills and the promotion of social inclusion, active citizenship, personal development and well-being. Mobility opportunities for youth participating in non-formal learning activities should also be extended to reach more young people, especially newcomers, those with fewer opportunities and hard-to-reach population groups. Mobility of staff in education, training, youth and sport should also be reinforced, considering its leverage effect, with a particular focus on reskilling and upskilling and promoting skills development for the labour market. In line with the vision of a true European Education Area, the Programme should also boost mobility and exchanges and promote student participation in educational and cultural and sport activities by supporting digitalisation of digitalising processes to facilitate application procedures and participation in the Programme, by developing user-friendly online systems based on best practice and by creating new tools, such as the European Student Card. This initiative can be an important step in making mobility for all a reality first by enabling higher education institutions to send and receive more exchange students while still enhancing quality in student mobility and also by facilitating students' access to various services (library, transport, accommodation) before arriving at the institution abroad. [Am. 27]

(20a)  The Programme should ensure quality mobility experiences based on the principles laid down in the Recommendation of the European Parliament and of the Council of 18 December 2006 on transnational mobility within the Community for education and training purposes: European Quality Charter for Mobility(18), which makes clear that the quality of information, preparation, support and recognition of experience and qualifications, as well as clear learning plans and learning outcomes drawn up in advance, have a demonstrable impact on the benefits of mobility. Mobility activities should be properly prepared in advance. Such preparation can frequently be done efficiently with the use of information and communication technologies. Where appropriate, it should also be possible for the Programme to provide support for preparatory visits for mobility activities. [Am. 28]

(20b)  The Programme should support and encourage the mobility of teachers and educational staff at all levels in order to enhance working practices and contribute to professional development. Given the vital role that pre-school and early-years education plays in preventing social and economic inequalities, it is important that teachers and staff at this level can participate in learning mobility under the Programme. With respect to teaching, the Programme should also encourage the piloting of policy innovations to address some of the common challenges facing education systems in the Union, such as attracting new talent into teaching for the most marginalised children and developing teacher training to help them in teaching disadvantaged learners. In order to maximise the benefits of Programme participation for teachers and educational staff, every effort should be made to ensure that they enjoy a supportive environment for mobility whereby it is part of their work programme and regular workload, they have access to proper training opportunities and they receive appropriate financial support based on the country and, where relevant, region in which the learning mobility is to take place. [Am. 29]

(20c)  In recognition of the vital role that vocational education and training plays in improving job prospects and promoting social inclusion, the Programme should help to reinforce the inclusiveness, quality and relevance of vocational education and training in line with the communication of the Commission of 10 June 2016 on a New Skills Agenda for Europe: Working together to strengthen human capital, employability and competitiveness(19). The Programme should promote stronger links between vocational education and training providers and employers, both private and public. It should also help to address vocational education and training sector-specific issues, such as language training, the fostering of high-quality mobility partnerships and competence recognition and certification, and encourage vocational education and training providers to apply for the Vocational Education and Training Mobility Charter as a mark of quality. [Am. 30]

(21)  The Programme should encourage youth participation in Europe's democratic life, including by supporting participation projects for young people to engage and learn to participate in civic society, raising awareness about European common values including fundamental rights, European history, culture and citizenship, bringing together young people and decision makers decision-makers at local, national and Union level, as well as contributing to the European integration process. The Programme should raise awareness about e-democracy tools, including the European Citizens' Initiative. It should also promote intergenerational exchange between younger and older people. In light of the key role played by youth organisations and youth work in achieving those objectives, the Programme should support the development of the youth sector in the Union. [Am. 31]

(22)  The Programme should offer young people more opportunities to discover Europe through learning experiences abroad under the new initiative entitled DiscoverEU. Eighteen year olds Young people aged between 18 and 20, in particular those with fewer opportunities, should be given the chance to have a first-time, short-term individual or group experience travelling throughout Europe in the frame of an as part of a non-formal or informal educational activity aimed at fostering their sense of belonging to the European Union and discovering its cultural and linguistic diversity. The initiative should have a robust and verifiable learning component and should ensure that experiences are properly disseminated and lessons shared in order to assess and improve the initiative on an ongoing basis. The Programme should identify bodies in charge of reaching out and selecting the participants with due regard for geographical balance and support activities to foster the learning dimension of the experience. Those bodies should also be involved, where appropriate, in providing pre- and post-mobility training and support, including with respect to language and intercultural skills. The DiscoverEU initiative should build links with the European Capitals of Culture, the European Youth Capitals, the European Volunteering Capitals and the European Green Capitals. [Am. 32]

(23)  The learning of languages contributes to mutual understanding and mobility within and outside the Union. At the same time, language competences are essential life and job skills. Therefore, the Programme should also enhance the learning of languages, in particular through on-site language courses and through widened use of accessible online tools, as e-learning offers can offer additional advantages for language learning in terms of access and flexibility. The language learning support provided through the Programme should pay attention to the needs of users, with a focus on the languages used in the receiving country and, in border regions, on the languages of neighbouring countries. Language learning support should also cover national sign languages. The Erasmus+ Online Linguistic Support tool should be tailored to the specific needs of Programme participants and open to everybody. [Am. 33]

(23a)  The Programme should make use of language technologies, such as automatic translation technologies, with the aim of facilitating exchanges between authorities and improving intercultural dialogue. [Am. 34]

(24)  The Programme should support measures that enhance the cooperation between institutions and organisations active in education, training, youth and sport, recognising their fundamental role in equipping individuals with the knowledge, skills and competences needed in a changing world as well as to adequately fulfil the potential for innovation, creativity and entrepreneurship, in particular within the digital economy. To that end, effective cooperation between all relevant stakeholders at all levels of the Programme's implementation should be ensured. [Am. 35]

(25)  In its Conclusions of 14 December 2017, the European Council called on Member States, the Council and the Commission to take forward a number of initiatives to elevate European cooperation in education and training to a new level, including by encouraging the emergence by 2024 of 'European Universities', consisting in bottom-up networks of universities across the Union. The Programme should support these European Universities, which should be excellence-driven and are intended to increase the attractiveness of higher education institutions in the Union and to improve cooperation between research, innovation and education. The notion of 'excellence' is to be understood broadly, for example also in relation to the ability to enhance inclusion. Programme support should aim for wide geographical coverage of 'European Universities'. [Am. 36]

(26)  The 2010 Bruges Communiqué called for support of vocational excellence for smart and sustainable growth. The 2017 Communication on Strengthening Innovation in Europe's Regions points to linking vocational education and training to innovation systems, as part of smart specialisation strategies at regional level. The Programme should provide the means to respond to these calls and support the development of transnational platforms of Centres of vocational excellence closely integrated in local and regional strategies for growth, innovation, and competitiveness, sustainable development and social inclusion. These centres of excellence should act as drivers of quality vocational skills in a context of sectorial challenges, while supporting overall structural changes and socio-economic policies in the Union. [Am. 37]

(27)  To increase the use of virtual cooperation activities, the Programme should support a more systematic use of the existing online platforms such as eTwinning, the School Education Gateway, the Electronic Platform for Adult Learning in Europe, the European Youth Portal and the online platform for higher education. The Programme should also encourage, where appropriate, the development of new online platforms to strengthen and modernise the delivery of education, training, sport and youth policy at European level. Such platforms should be user-friendly and accessible within the meaning of Directive (EU) 2016/2102 of the European Parliament and of the Council(20). [Am. 38]

(28)  The Programme should contribute to facilitating transparency and automatic mutual recognition of skills, and competences, qualifications and diplomas, as well as the transfer of credits or units other proof of learning outcomes, to foster quality assurance and to support validation of non-formal and informal learning, skills management and guidance. In this regard, the Programme should also provide support to contact points and networks at national and Union level that facilitate provide information and assistance to prospective participants, thus facilitating cross-European exchanges as well as the development of flexible learning pathways between different fields of education, training and youth and across formal and non-formal settings. [Am. 39]

(29)  The Programme should mobilise the potential of former Erasmus+ participants and support activities in particular of Alumni networks, ambassadors and Europeers, by encouraging them to act as multipliers of the Programme.

(29a)  The Programme should put special emphasis on the validation and recognition of education and training periods abroad, including in secondary school education. In that regard, the award of grants should be linked to quality assessment procedures and to a description of the learning outcomes and to the full application of the Council Recommendation of 15 March 2018 on European Framework for Quality and Effective Apprenticeships(21), the Council Recommendation of 20 December 2012 on Validation of Informal and Non-Formal learning(22) and European tools which contribute to the recognition of learning abroad and ensure quality learning, such as the European Qualifications Framework (EQF), the European Quality Assurance Register for Higher Education (EQAR), the European Credit System for Vocational Education and Training (ECVET) and the European Quality Assurance Reference Framework for Vocational Education and Training (EQAVET). [Am. 40]

(30)  As a way to ensure cooperation with other Union instruments and support to other policies of the Union, mobility opportunities should be offered to people in various sectors of activity, such as the public and private sector, agriculture and enterprise, to have a training, internship or learning experience abroad allowing them, at any stage of their life, to grow and develop professionally but also personally, in particular by developing an awareness of their European identity and an understanding of European cultural diversity, and professionally, in particular by acquiring labour market-relevant skills. The Programme should offer an entry point for Union transnational mobility schemes with a strong learning dimension, simplifying the offer of such schemes for beneficiaries and those taking part in these activities. The scaling-up of Erasmus Erasmus+ projects should be facilitated; specific measures should be put in place to help promoters of Erasmus Erasmus+ projects to apply for grants or develop synergies through the support of the European Structural and Investment Funds and the programmes relating to migration, security, justice and citizenship, health, media and culture, as well as the European Solidarity Corps. [Am. 41]

(31)  It is important to stimulate teaching, learning and research in European integration matters and the Union's future challenges and opportunities, as well as to promote debates debate on these matters through the support of Jean Monnet actions in the fields of higher education but also in other across all fields of education and training. Fostering a European sense of European identity belonging and commitment is particularly important at times when given the challenges to the common values on which the Union is founded, and which form part of our a common European identity, are put to the test, and when and considering that citizens show are showing low levels of engagement. The Programme should continue to contribute to the development of excellence in European integration studies and, at the same time, to enhance the engagement of the wider learning community and the general public with European integration. [Am. 42]

(32)  Reflecting the importance of tackling The Programme should be in line with the central aim of the Paris Agreement to strengthen the global response to climate change. In line with the Union's commitments to implement the Paris Agreement and to achieve the United Nations' Sustainable Development Goals, this Programme will contribute to mainstream mainstreaming climate action and sustainable development in the Union's policies and to the achievement of an overall target of 25% of the Union budget expenditures expenditure supporting climate objectives over the period covered by the 2021-2027 Multiannual Financial Framework, and an annual target of 30 % to be introduced as quickly as possible, and at the latest in 2027. Relevant actions will be identified during the Programme's preparation and implementation and reassessed in the context of the relevant evaluations and review process. [Am. 43]

(32a)  Given the Union's role as a global actor and in line with the United Nations 2030 Agenda for Sustainable Development and commitments made by Member States at the Rio+20 Conference, the Programme should mainstream inclusive, equitable and quality education and lifelong learning, including in recognition of the vital role that education plays in tackling poverty. The Programme should also contribute to the sustainable development agenda by supporting efforts to develop the necessary skills for sustainable development and to educate people about sustainability, environmental protection and climate change through formal, non-formal and informal education. [Am. 44]

(33)  This Regulation lays down a financial envelope for the entire duration of the Programme which is to constitute the prime reference amount, within the meaning of [reference to be updated as appropriate Point 17 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management(23)], for the European Parliament and the Council during the annual budgetary procedure. It should be ensured that, from 2021, there is a significant increase in the annual budget for the Programme, in comparison to the final year of the 2014-2020 multiannual financial framework, followed by linear and gradual growth in annual allocations. Such a budgetary profile would help to ensure wider access from the very beginning of the 2021-2027 multiannual financial framework period and avoid disproportionate increases in the final years that might be difficult to absorb. [Am. 45]

(34)  Within a basic envelope for actions to be managed by the national agencies in the field of education and training, a breakdown of minimum allocation per sector (higher education, school education, vocational education and training and adult education) should be defined in order to guarantee a critical mass of appropriations to reach the intended output and results in each of these sectors. The exact budget allocation by action and initiative should be laid down in the work programme. [Am. 46]

(35)  Regulation (EU, Euratom) No [the new FR] (the 'Financial Regulation')(24) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement and indirect implementation.

(36)  The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. This should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as referred to in Article [125(1)] of the Financial Regulation. The principles of transparency, equal treatment and non–discrimination as set out in the Financial Regulation should be respected in the implementation of the Programme. [Am. 47]

(37)  Third countries which are members of the European Economic Area (EEA) may participate in the Programme in the framework of the cooperation established under the European Economic Area (EEA) agreement, which provides for the implementation of Union programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. This Regulation should grant the necessary rights for and access to the authorising officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences. The full participation of third countries in the Programme should be subject to the conditions laid down in specific agreements covering the participation of the third country concerned to the Programme. Full participation entails, moreover, the obligation to set up a national agency and managing some of the actions of the Programme at decentralised level. Individuals and entities from third countries that are not associated to the Programme should be able to participate in some of the actions of the Programme, as defined in the work programme and the calls for proposals published by the Commission. When implementing the Programme, specific arrangements could be taken into account with regard to individuals and entities from European microstates. [Am. 48]

(38)  In line with Article 349 of the Treaty on the Functioning of the European Union (TFEU) and the Commission's communication on 'A stronger and renewed strategic partnership with the Union's outermost regions'(25) (the ‘strategic partnership communication’), the Programme should take into account the specific situation of these regions. Measures will be taken to increase the outermost regions' participation in all actions. Mobility exchanges and cooperation between people and organisations from these regions and third countries, in particular their neighbours, should be fostered. Such measures will be monitored and evaluated regularly. [Am. 49]

(38a)  In the strategic partnership communication, the Commission recognised that increased mobility of learners and staff in education and training, in particular under the Erasmus+ programme, would be highly beneficial for the outermost regions and undertook to further adjust financial support to participants travelling from and to the outermost regions by maintaining specific funding rules for those regions under Erasmus+, to explore the possibilities of extending regional Erasmus+ cooperation to further stimulate mobility between the outermost regions and neighbouring third countries, and to use the European Social Fund+ as a complement to Erasmus+ . [Am. 50]

(39)  Pursuant to [reference to be updated as appropriate according to a new Decision on OCTs Article 94 of the Council Decision 2013/755/EC(26)], individuals and entities established in overseas countries or territories are eligible for funding subject to the rules and objectives of the Programme and possible arrangements applicable to the Member State to which the relevant overseas country or territory is linked. The constraints imposed by the remoteness of these countries or territories should be taken into account when implementing the Programme, and their participation in the Programme monitored and regularly evaluated.

(40)  The Programme should maintain continuity in terms of its objectives and priorities. Nevertheless, given that it is to be implemented over a seven-year period, it is necessary to provide for a certain degree of flexibility in order to enable it to adapt to changing realities and political priorities within the field of education, training, youth and sport. Therefore, this Regulation does not define in detail how specific initiatives are to be designed and it does not prejudge all political priorities and respective budgetary priorities for the next seven years. Instead, the secondary policy choices and priorities, including details of specific new initiatives, should be determined by means of work programmes in compliance with the Financial Regulation, the Commission . The design of the new initiatives should adopt work programmes and inform the draw lessons from past and ongoing pilot initiatives in this field and should take due account of European Parliament and the Council thereof added value both in the substance and structure of the initiative. The work programme should also set out the measures needed for their implementation in line with the general and specific objectives of the Programme, the selection and award criteria for grants, as well as all other elements required. Work programmes and any amendments to them should be adopted by implementing acts means of a delegated act. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and in consultation with national agencies and stakeholders, and that those consultations be conducted in accordance with the examination procedure principles laid down in the Interinstitutional Agreement on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 51]

(40a)  The Commission, in conjunction with the national agencies, should monitor and report on the implementation of the Programme, both during the Programme's lifetime and after its completion. The final evaluation of the Programme should be carried out in a timely fashion such that it can feed into the mid-term review of the successor programme as relevant. In particular, the Commission should carry out a mid-term review of the Programme accompanied, where appropriate, by a legislative proposal to amend this Regulation. [Am. 52]

(41)  Pursuant to paragraph 22 and 23 of the Inter-institutional agreement for Better Law-Making of 13 April 2016(27), there is a need to evaluate the Programme on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burdens, in particular on Member States beneficiaries. Such requirements should include specific, measurable and realistic indicators which can be measured over time as a basis for evaluating the effects of the Programme on the ground. [Am. 53]

(42)  Appropriate outreach, publicity and dissemination of the opportunities and results of the actions supported by the Programme should be ensured at European, national and local level. The outreach, publicity and dissemination activities should rely on all the implementing bodies of the Programme, including, when relevant where applicable, with the support of other key relevant stakeholders. [Am. 54]

(43)  In order to ensure greater efficiency in communication to the public at large and stronger synergies between the communication activities undertaken at the initiative of the Commission, the resources allocated to communication under this Regulation should also contribute to covering the corporate communication of the political priorities of the Union, provided that these are related to the general objective of this Regulation. [Am. 55]

(44)  In order to ensure efficient and effective implementation of this Regulation, the Programme should make maximum use of delivery mechanisms already in place. The implementation of the Programme should therefore be entrusted to the Commission, and to national agencies, which should ensure consistent and straightforward application of the Programme rules across the Union and over time. To that end and in order to ensure effective Programme implementation, the Commission and the national agencies should work together, and in consultation with stakeholders, to develop consistent, simple and high-quality procedures and to facilitate the exchange of good practices that can improve the quality of projects under the Programme. Where feasible, and in order to maximise efficiency, the national agencies should be the same as the one designated for the management of the predecessor programme. The scope of the ex-ante compliance assessment should be limited to the requirements that are new and specific to the Programme, unless justified, such as in case of serious shortcomings or underperformance on the part of the national agency concerned. [Am. 56]

(44a)  In order to encourage project organisers with no experience of Union funding programmes to apply for funding, the Commission and the national agencies should provide advice and support and should ensure that application procedures are as clear and simple as possible. The Programme guide should be further improved to make it user-friendly and clear and application forms should be simple and made available in a timely manner. In order to further modernise and harmonise the application process, a common, multilingual, one-stop-shop tool should be developed for Programme beneficiaries and those involved in the management of the Programme. [Am. 57]

(44b)  As a general rule, grant requests and project applications should be submitted to, and managed by, the national agency of the country where the applicant is based. However, by way of derogation, grant requests and project applications for activities organised by Union-wide networks and European and international organisations should be submitted to, and directly managed by, the Commission. [Am. 58]

(45)  In order to ensure sound financial management and legal certainty in each participating country, each national authority should designate an independent audit body. Where feasible, and in order to maximise efficiency, the independent audit body should be the same as the one designated for the actions referred to in the previous programme.

(46)  Member States should endeavour to adopt all appropriate measures to remove legal and administrative obstacles to that could prevent access to, or impede the proper functioning of the Programme. This includes resolving, where possible, and without prejudice to Union law on the entry and residence of third-country nationals issues that create difficulties in obtaining visas and residence permits. In line with Directive (EU) 2016/801 of the European Parliament and of the Council(28), Member States are encouraged to establish fast-track admission procedures. [Am. 59]

(47)  The performance reporting system should ensure that data for monitoring programme implementation and evaluation are collected efficiently, effectively and in a timely manner, and at the appropriate level of granularity. Such data should be communicated to the Commission in a way that complies with relevant data protection rules.

(48)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(29). [Am. 60]

(49)  In order to simplify requirements for beneficiaries, simplified grants in the form of lump-sums, unit-costs and flat-rate funding should be used to the maximum possible extent. In accordance with the principle of sound financial management and in order to simplify the Programme's administration, flat-rate payments based on the relevant project should be used for mobility activities across all sectors. The simplified grants to support the mobility actions of the Programme, as defined by the Commission, should take into account be regularly reviewed and adjusted to the living and subsistence costs of the host country and region. The Commission and national agencies of the sending countries should have the possibility to adjust these simplified grants on the basis of objective criteria, in particular to ensure access to people with fewer opportunities. In accordance with national law, Member States should also be encouraged to exempt those grants from any taxes and social levies. The same exemption should apply to public or private entities awarding such financial support to the individuals concerned. [Am. 61]

(50)  In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and the Council(30), Council Regulation (Euratom, EC) No 2185/96(31) and Council Regulation (EU) 2017/1939(32), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative sanctions. In particular, in accordance with the Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) may investigate and prosecute Union fraud and other illegal activities affecting the financial interests of the Union, as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council(33). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests and grant the necessary rights and access to the Commission, the European Anti-Fraud Office, the European Public Prosecutor's Office and the European Court of Auditors, and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights.

(51)  It is necessary to ensure the complementarity of the actions carried out within the Programme with activities undertaken by the Member States and with other Union activities, in particular those in the fields of education, culture and the media, youth and solidarity, employment and social inclusion, research and innovation, industry and enterprise, agriculture and rural development with a focus on young farmers, cohesion, regional policy and international cooperation and development.

(52)  While the regulatory framework already allowed Member States and regions to establish synergies in the previous programming period between Erasmus+ and other Union instruments, such as the European structural and investment funds, which also support the qualitative development of education, training and youth systems in the Union, this potential has so far been underexploited, thus limiting the systemic effects of projects and impact on policy. Effective communication and cooperation should take place at national level between the national bodies in charge of managing these various instruments to maximise their respective impact. The Programme should allow for active cooperation with these instruments, in particular by ensuring that a high-quality application that cannot be financed under the Programme, owing to insufficient funds, can be considered for financing, through a simplified procedure, under the European structural and investment funds. In order to simplify the procedure for such actions, it should be possible to award them with a 'Seal of Excellence' in recognition of their high quality. Such cross-programme complementarity should enable increased overall project success rates. [Am. 62]

(52a)  In order to maximise the effectiveness of Union funding and policy support, it is important to foster synergies and complementarity across all relevant programmes in a coherent manner. Such synergies and complementarity should not lead to funds allocated to the Erasmus+ Programme being managed outside the Programme structure, nor should they lead to funds being used to pursue objectives other than those set out in this Regulation. Any synergies and complementarity should result in simplified application procedures at the implementation level. [Am. 63]

(53)  In order to review or complement the performance indicators of the Programme, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of the Annex. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations are conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(54)  It is appropriate to ensure the correct closure of the predecessor programme, in particular as regards to the continuation of multi-annual arrangements for its management, such as the financing of technical and administrative assistance. As from 1 January 2021, the technical and administrative assistance should ensure, if necessary, the management of actions that have not yet been finalised under the predecessor programme by 31 December 2020.

(55)  This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full respect for the right to equality between men and women and the right to non-discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, and to promote the application of Articles 21 and 23 of the Charter of Fundamental Rights of the European Union. Therefore, the Programme should actively support initiatives that seek to raise awareness and promote positive perceptions of any of the groups that might be subject to discrimination and to foster gender equality. It should also support efforts to tackle the educational gap and specific difficulties facing Roma by facilitating their full and active participation in the Programme. Respect for the rights and principles recognised in particular by the Charter of Fundamental Rights should be mainstreamed throughout the Programme’s planning, implementation, monitoring and evaluation process. [Am. 64]

(56)  Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 TFEU apply to this Regulation. These rules are laid down in the Financial Regulation and determine in particular the procedure for establishing and implementing the budget through grants, procurement, prizes and indirect implementation, and provide for checks on the responsibility of financial actors. Rules adopted on the basis of Article 322 TFEU also concern the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States, as the respect for the rule of law is an essential precondition for sound financial management and effective Union funding.

(57)  Since the objective of this Regulation cannot be sufficiently achieved by the Member States but can rather, by reason of its transnational character, the high volume and wide geographical scope of the mobility and cooperation activities funded, its effects on access to learning mobility and more generally on Union integration, as well as its reinforced international dimension, 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 in order to achieve that objective.

(58)  Regulation (EU) No 1288/2013 should be repealed with effect from 1 January 2021.

(59)  In order to ensure continuity in the funding support provided under the Programme, this Regulation should apply from 1 January 2021,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

This Regulation establishes Erasmus Erasmus+, the programme for Union action in the field of education, training, youth and sport ('Programme').

It lays down the objectives of the Programme, the budget for the period 2021-2027, the forms of Union funding and the rules for providing such funding.

Article 2

Definitions

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

(1)  'lifelong learning' means learning in all its forms (formal, non-formal and informal learning) taking place at all stages in life, including early childhood education and care, general education, vocational education and training, higher education, and adult education, and resulting in an improvement or update in knowledge, skills, competences and attitudes or participation in society in a personal, civic, cultural, social and/or employment-related perspective, including the provision of counselling and guidance services; [Am. 65]

(2)  'learning mobility' means moving physically to a country other than the country of residence, in order to undertake study, training, including reskilling or upskilling, or non-formal or informal learning; it may take the form of traineeships, apprenticeships, youth exchanges, teaching or participation in a professional development activity; it may be accompanied by measures such as language support, including for national sign languages, and training and/or be complemented by accessible online learning and virtual cooperation. In some specific cases, it may take the form of learning through the use of information technology and communications tools; [Am. 66]

(2a)  'virtual learning' means the acquisition of skills and knowledge through the use of accessible information and communication tools; [Am. 67]

(2b)  'blended learning' means the acquisition of skills and knowledge through a combination of virtual education and training tools and traditional education and training methods; [Am. 68]

(3)  'non-formal learning' means voluntary learning which takes place outside formal education and training through purposive activities (in terms of objectives, methods and time) and with some form of learning support;

(4)  'informal learning' means learning resulting from daily activities and experiences which is not organised or structured in terms of objectives, time or learning support. It may be unintentional from the learner's perspective;

(5)  'young people' means individuals aged between 13 and 30;

(6)  'grassroots sport' means organised sport practised at local level regularly by amateur sports people, and sport for all sportspeople of all ages for health, educational or social purposes; [Am. 69]

(7)  'higher education student' means any person enrolled at a higher education institution, including at short-cycle, bachelor, master or doctoral level or equivalent. It also covers recent graduates or any person who has graduated from such an institution within the previous 24 months; [Am. 70]

(8)  'staff' means any person who, on either a professional or a voluntary basis, is involved in education at all levels, training or non-formal learning, and may include professors, teachers, trainers, researchers, school leaders, youth workers, sport coaches, non-educational staff and other practitioners involved in promoting learning; [Am. 71]

(8a)  'sport staff' means persons involved in the management, instruction or training of a sports team or of several individual sportspeople, either on a paid basis or on a voluntary basis; [Am. 72]

(9)  'vocational education and training learner' means any person enrolled in an initial or continuous vocational education or training programme at any level from secondary up to post-secondary level. It includes the participation of individuals who have recently or any person who has graduated from such programmes a programme within the previous 24 months; [Am. 73]

(10)  'school pupil' means any person enrolled in a learning capacity at an institution providing general education at any level from early childhood education and care to upper secondary education, or any person schooled outside an institutional setting considered by the national competent authorities as eligible to participate in the Programme, in their respective territories; [Am. 74]

(11)  'adult education' means any form of non-vocational education for adults after initial education, whether of a formal, non-formal or informal nature;

(12)  'third country not associated to the Programme' means a third country which does not participate fully in the Programme but whose legal entities may exceptionally benefit from the Programme in duly justified cases in the Union's interest; [Am. 75]

(13)  'third country' means a country that is not a Member State;

(14)  'partnership' means an agreement between a group of institutions and/or organisations to carry out joint activities and projects;

(15)  'joint master or doctoral degree' means an integrated study programme offered by at least two higher education institutions resulting in a single degree certificate issued and signed by all the participating institutions jointly and recognised officially in the countries where the participating institutions are located; [Am. 76]

(16)  'international' relates to any action involving at least one third country not associated to the Programme;

(17)  'virtual cooperation' means any form of cooperation using information technology and communications tools;

(18)  'higher education institution' means any type of higher education institution entity which, in accordance with national law or practice, offers recognised degrees or other recognised tertiary level qualifications, whatever such establishment may be called as well as any other type of higher education institution comparable entity which is considered by the national authorities as eligible to participate in the Programme, in their respective territories; [Am. 77]

(19)  'transnational' relates to any action involving at least two countries which are either Member States or third countries associated to the Programme;

(20)  'youth participation activity' means an out-of-school activity carried out by informal groups of young people and/or youth organisations, and characterised by a non-formal or informal learning approach and by support for accessibility and inclusion; [Am. 78]

(21)  'youth worker' means a professional or a volunteer involved in non-formal or informal learning who supports young people in their personal development, including their socio-educational and professional development and the development of their competences; [Am. 79]

(22)  'EU Youth dialogue' means the dialogue with between policy-makers, decision-makers, experts, researchers or civil society stakeholders, as appropriate, and young people and youth organisations which; it serves as a forum for continuous joint reflection on the priorities, implementation and follow-up of European cooperation in the youth field all fields of relevance to young people; [Am. 80]

(23)  'third country associated to the Programme' means a third country which is party to an agreement with the Union allowing for its participation in the Programme and which fulfils all the obligations laid down in this Regulation in relation to Member States; [Am. 81]

(24)  'legal entity' means any natural or legal person created and recognised as such under national law, Union law or international law, which has legal personality and which may, acting in its own name, exercise rights and be subject to obligations, or an entity without legal personality in accordance with Article [197(2)(c)] of the Financial Regulation;

(25)  'people with fewer opportunities' means people facing obstacles that prevent them from having effective who are disadvantaged in their access to opportunities under the Programme for economic, social, cultural, geographical or health reasons, a migrant background or for reasons such as because of various obstacles arising from, for example, disability and, health problems, educational difficulties, their migrant background, cultural differences, their economic, social and geographical situation, including people from marginalised communities or at risk of facing discrimination based on any of the grounds enshrined in Article 21 of the Charter of Fundamental Rights of the European Union; [Am. 82]

(26)  'national authority' means the authority in charge, at national level, of monitoring and supervising the management of the Programme in a Member State or in a third country associated to the Programme;

(27)  'national agency' means one or more bodies in a given Member State or third country associated to the Programme in charge of managing the implementation of the Programme at national level. There may be more than one national agency in a given Member State or third country associated to the Programme;

(27a)  'Seal of Excellence' means the high-quality label awarded to projects submitted to the Programme, which are deemed to deserve funding but do not receive it due to budget limits; it recognises the value of the proposal and supports the search for alternative funding. [Am. 83]

Article 3

Programme objectives

1.  The general objective of the Programme is to support the educational, professional and personal development of people in education, training, youth activities and sport through lifelong learning, in Europe and beyond, thereby contributing to sustainable growth, jobs and quality jobs, social cohesion and inclusion, to promoting active citizenship and to strengthening European identity. As such, the Programme shall be a key instrument for building a European education area, for driving innovation in education and training, supporting the implementation of the European strategic cooperation in the field of education and training, with its underlying sectoral agendas, advancing youth policy cooperation under the Union Youth Strategy 2019-2027 and developing the European dimension in sport. [Am. 84]

2.  The Programme has the following specific objectives:

(a)  promote learning mobility of individuals, as well as cooperation, inclusion, equity, excellence, creativity and innovation at the level of organisations and policies in the field of education and training; [Am. 85]

(b)  promote non-formal and informal learning mobility, intercultural learning, critical thinking and active participation among young people, as well as cooperation, inclusion, quality, creativity and innovation at the level of organisations and policies in the field of youth; [Am. 86]

(c)  promote learning mobility, within grassroots sport, of sport coaches and staff and young people regularly practising a sport in an organised setting, as well as cooperation, inclusion, creativity and innovation at the level of sport organisations and sport policies; [Am. 87]

(ca)  promote lifelong learning through a cross-sectoral approach across formal, non-formal and informal settings and by supporting flexible learning pathways. [Am. 88]

2a.  The Programme shall include a reinforced international dimension aimed at supporting the Union's external action and development objectives through cooperation between the Union and third countries. [Am. 89]

3.  The objectives of the Programme shall be pursued through the following three key actions:

(a)  learning mobility ('key action 1');

(b)  cooperation among organisations and institutions ('key action 2'); and

(c)  support to policy development and cooperation ('key action 3');

The objectives shall also be pursued through Jean Monnet actions as set out in Article 7.

All Programme actions shall contain a strong learning component that contributes to the fulfilment of the objectives of the Programme laid down in this Article. The description of the actions supported under each key action is set out in Chapter II (education and training), Chapter III (youth) and Chapter IV (sport). The operational objectives and corresponding policy priorities for each action shall be specified in detail in the work programme referred to in Article 19. [Am. 90]

Article 3 a

European added value

1.  The Programme shall support only those actions and activities which deliver potential European added value and which contribute to the achievement of the objectives referred to in Article 3.

2.  The European added value of the actions and activities of the Programme shall be ensured, for example, through their:

(a)  transnational character, particularly with regard to mobility and cooperation aimed at achieving a sustainable systemic impact;

(b)  complementarity and synergies with other programmes and policies at national, Union and international level;

(c)  contribution to the effective use of Union transparency and recognition tools;

(d)  contribution to the development of Union-wide quality assurance standards, including charters;

(e)  contribution to the development of Union-wide common standards in education and training programmes;

(f)  fostering of intercultural and interfaith dialogue across the Union;

(g)  fostering of multilingualism across the Union; or

(h)  promotion of a European sense of belonging and strengthening a common European citizenship. [Am. 91]

CHAPTER II

EDUCATION AND TRAINING

Article 4

Key action 1

Learning mobility

In the field of education and training, the Programme shall support the following actions under key action 1:

(a)  the mobility of higher education students and staff;

(b)  the mobility of vocational education and training learners and staff;

(c)  the mobility of school pupils and staff, including pre-school teachers and early-years education and care staff; [Am. 92]

(d)  the mobility of adult education staff and adult learners; [Am. 93]

(e)  language learning opportunities, including those supporting mobility activities.

The Programme shall support virtual learning and blended learning measures to accompany the mobility activities set out in paragraph 1. It shall also support such measures for those persons who are unable to participate in such mobility activities.

The Commission shall ensure, where appropriate, that virtual and blended learning tools developed under the Programme are made available to the wider public. [Am. 94]

Support may be awarded for the preparation of the mobility activities set out in this Article, including, as required, for preparatory visits. [Am. 95]

Article 5

Key action 2

Cooperation among organisations and institutions

In the field of education and training, the Programme shall support the following actions under key action 2:

(a)  strategic partnerships for cooperation and exchanges of practices, including small-scale partnerships to foster a wider and more inclusive access to the Programme; [Am. 96]

(b)  partnerships for excellence, in particular European universities, Centres of vocational excellence and Erasmus Mundus joint master or doctoral degrees; European universities and Centres of vocational excellence shall involve at least one entity established in a Member State; [Am. 97]

(c)  partnerships for innovation, such as adult education alliances, to strengthen Europe's innovation capacity; [Am. 98]

(d)  accessible and user-friendly online platforms and tools for virtual cooperation, including the support services for eTwinning and for the electronic platform for adult learning in Europe, tools to promote the use of Universal Design for Learning methods, as well as tools to facilitate mobility, such as the European Student Card referred to in Article 25(7c); [Am. 99]

(da)  targeted capacity-building in the field of higher education in third countries not associated to the Programme. [Am. 100]

Article 6

Key Action 3

Support to policy development and cooperation

In the field of education and training, the Programme shall support the following actions under key action 3:

(a)  the preparation and implementation of the Union general and sectoral policy agendas in education and training, including with the support of the Eurydice network or activities of other relevant organisations;

(b)  the support to Union tools and measures that foster the quality, transparency and, recognition and update of competences, skills and qualifications(34); [Am. 101]

(c)  policy dialogue and cooperation with key, and support for, relevant stakeholders, including Union-wide networks, European non-governmental organisations and international organisations in the field of education and training; [Am. 102]

(d)  targeted measures that contribute to the qualitative high-quality and inclusive implementation of the Programme; [Am. 103]

(e)  cooperation with other Union instruments and support to other Union policies;

(f)  dissemination and awareness-raising activities about European policy outcomes and priorities as well as on the Programme.

Article 7

Jean Monnet actions

The Programme shall support teaching, learning, research and debates on European integration matters and on the Union's future challenges and opportunities through the following actions: [Am. 104]

(a)  Jean Monnet action in the field of higher education; [Am. 105]

(b)  Jean Monnet action in other all fields of education and training; [Am. 106]

(c)  support to the following institutions pursuing an aim of European interest: the European University Institute, Florence, including its School of Transnational Governance; the College of Europe (Bruges and Natolin campuses); the European Institute of Public Administration, Maastricht; the Academy of European Law, Trier; the European Agency for Special Needs and Inclusive Education, Odense and the International Centre for European Training, Nice.

CHAPTER III

YOUTH

Article 8

Key action 1

Learning mobility

In the field of youth, the Programme shall support the following actions under key action 1:

(a)  the mobility of young people;

(b)  youth participation activities;

(c)  DiscoverEU activities;

(d)  the mobility of youth workers.

Article 9

Key action 2

Cooperation among organisations and institutions

In the field of youth, the Programme shall support the following actions under key action 2:

(a)  strategic partnerships for cooperation and exchanges of practices, including small-scale partnerships to foster a wider and more inclusive access to the Programme; [Am. 107]

(b)  partnerships for innovation to strengthen Europe's innovation capacity;

(c)  accessible and user-friendly online platforms and tools for virtual cooperation. [Am. 108]

Article 10

Key action 3

Support to policy development and cooperation

In the field of youth, the Programme shall support the following actions under key action 3:

(a)  the preparation and implementation of the Union policy agenda on youth, with the support, as relevant, of the Youth Wiki network; [Am. 109]

(b)  Union tools and measures that foster the quality, transparency and recognition of competences and skills, in particular through Youthpass;

(c)  policy dialogue and cooperation with, and support for, relevant key stakeholders, including Union-wide networks, European non-governmental organisations, and international organisations in the field of youth, the EU Youth dialogue as well as support to the European Youth Forum; [Am. 110]

(d)  measures that contribute to the qualitative high-quality and inclusive implementation of the Programme; [Am. 111]

(e)  cooperation with other Union instruments and support to other Union policies;

(f)  dissemination and awareness-raising activities about European policy outcomes and priorities as well as on the Programme.

CHAPTER IV

SPORT

Article 11

Key action 1

Learning mobility

In the field of sport, the Programme shall support, under key action 1, the mobility of young people practising, and sport coaches and staff engaged in, grassroots sport. [Am. 112]

Article 12

Key action 2

Cooperation among organisations and institutions

In the field of sport, the Programme shall support the following actions under key action 2:

(a)  partnerships for cooperation and exchanges of practices, including small-scale partnerships to foster a wider and more inclusive access to the Programme;

(b)  not for profit not-for-profit grassroots sport events aiming, including small-scale events, aimed at further developing the European dimension of sport. [Am. 113]

Article 13

Key action 3

Support to policy development and cooperation

In the field of sport, the Programme shall support the following actions under key action 3:

(a)  the preparation and implementation of the Union policy agenda on sport and physical activity;

(b)  policy dialogue and cooperation with relevant key stakeholders, including European non-governmental organisations and international organisations in the field of sport; [Am. 114]

(ba)  measures that contribute to the high-quality and inclusive implementation of the Programme; [Am. 115]

(bb)  cooperation with other Union instruments and support to other Union policies; [Am. 116]

(c)  dissemination and awareness-raising activities about European policy outcomes and priorities and about the Programme, including sport prizes and awards.

CHAPTER IVA

INCLUSION [Am. 117]

Article 13a

Inclusion strategy

1.  The Commission shall, by 31 March 2021, develop a framework of inclusion measures, as well as guidance for their implementation. Based on that framework and with particular attention to the specific Programme access challenges within the national context, the national agencies shall develop a multiannual national inclusion strategy. That strategy shall be made public by 30 June 2021 and its implementation shall be monitored on a regular basis.

2.  The framework and strategy referred to in paragraph 1 shall pay particular attention to the following elements:

(a)  cooperation with social partners, national and local authorities and civil society;

(b)  support for grassroots, community-based organisations working directly with the target groups;

(c)  outreach and communication to the target groups, including through the dissemination of user-friendly information;

(d)  the simplification of application procedures;

(e)  the provision of specific advice, training and support services to the target groups, both prior to their applications and to prepare them for their actual participation in the Programme;

(f)  best practices in accessibility and support services for people with disabilities;

(g)  the collection of appropriate qualitative and quantitative data to evaluate the effectiveness of the strategy;

(h)  the application of financial support measures in accordance with Article 13b. [Am. 118]

Article 13b

Financial support measures for inclusion

1.  The Commission and the Member States shall cooperate to ensure that adequate financial support measures, including pre-financing, where relevant, are put in place to support people with fewer opportunities for whom participation in the Programme is impeded for financial reasons, either because they suffer economic disadvantage or because the additional costs of Programme participation owing to their specific situation represent a significant obstacle. The assessment of the financial reasons and of the level of support shall be based on objective criteria.

2.  The financial support measures referred to in paragraph 1 may include:

(a)  support available from other Union instruments, such as the European Social Fund+;

(b)  support available under national schemes;

(c)  adjustment and top-up of support for mobility actions available under the Programme.

3.  In order to comply with point (c) of paragraph 2 of this Article, the Commission shall, where necessary, adjust or authorise the national agencies to adjust the grants to support mobility actions under the Programme. The Commission shall also establish, in compliance with the provisions set out in Article 14, a dedicated budget to finance additional financial support measures under the Programme.

4.  The costs of measures to facilitate or support inclusion shall not, under any circumstances, justify the rejection of an application under the Programme. [Am. 119]

CHAPTER V

FINANCIAL PROVISIONS

Article 14

Budget

1.  The financial envelope for the implementation of the Programme for the period 2021-2027 shall be EUR 30 000 000 000 41 097 000 000 in constant 2018 prices (EUR 46 758 000 000 in current prices). [Am. 120]

The annual appropriations shall be authorised by the European Parliament and the Council within the limits of the multiannual financial framework. [Am. 121]

2.  The Programme shall be implemented according to the following indicative distribution:

(a)  EUR 24 940 000 000 83 % of the amount referred to in paragraph 1 for actions in the field of education and training, from of which: [Am. 122]

(1)  at least EUR 8 640 000 000 should 34,66 % shall be allocated to higher education actions referred to in point (a) of Article 4 and point (a) of Article 5; [Am. 123]

(2)  at least EUR 5 230 000 000 23 % shall be allocated to actions in vocational education and training referred to in point (b) of Article 4 and point (a) of Article 5; [Am. 124]

(3)  at least EUR 3 790 000 000 15,63 % shall be allocated to school, including pre-school and early-years education, actions referred to in point (c) of Article 4 and point (a) of Article 5; [Am. 125]

(4)  at least EUR 1 190 000 000 6 % shall be allocated to adult education actions referred to in point (d) of Article 4 and point (a) of Article 5; [Am. 126]

(5)  EUR 450 000 000 for 1,8 % shall be allocated to Jean Monnet actions referred to in Article 7; [Am. 127]

(5a)  13,91 % of the amount referred to in point (a) of this paragraph shall be allocated to actions that are primarily directly managed, including those set out in point (e) of Article 4, points (b) to (d) of Article 5 and points (a) to (f) of Article 6; [Am. 128]

(5b)  the remaining 5 % may be used to finance any actions within Chapter II; [Am. 129]

(b)  EUR 3 100 000 000 10,3 % of the amount referred to in paragraph 1 for actions in the field of youth referred to in Articles 8 to 10; [Am. 130]

(c)  EUR 550 000 000 2 % of the amount referred to in paragraph 1 for actions in the field of sport referred to in Articles 11 to 13; and [Am. 131]

(d)  at least EUR 960 000 000 3,2 % of the amount referred to in paragraph 1 as a contribution to the operational costs of the national agencies. [Am. 132]

The remaining 1,5 % that is not allocated under the indicative distribution set out in the first subparagraph may be used for programme support. [Am. 133]

3.  In addition to the financial envelope as indicated in paragraph 1, and in order to promote the international dimension of the Programme, an additional financial contribution shall be made available from Regulation …/… [Neighbourhood Development and International Cooperation Instrument](35) and from Regulation …/… [IPA III](36), shall provide financial contributions to support actions established and implemented and managed in accordance with under this Regulation. This contribution Regulation shall be financed in accordance apply to the use of those funds, while ensuring conformity with the Regulations establishing those instruments governing respectively the NDICI and IPA III. [Am. 134]

4.  The amount referred to in paragraph 1 may be used for technical and administrative assistance for the implementation of the Programme such as preparatory, monitoring, control, audit and evaluation activities, including corporate information technology systems and accessibility advice and training. [Am. 135]

5.  Without prejudice to the Financial Regulation, expenditure for actions resulting from projects included in the first work programme may be eligible as from 1 January 2021.

6.  Resources allocated to Member States under shared management may, at their request, be transferred to the Programme. The Commission shall implement those resources directly in accordance with [point (a) of Article 62(1)] of the Financial Regulation or indirectly in accordance with [point (c)] of that Article. Where possible those resources shall be used for the benefit of the Member State concerned.

6a.  The priorities for budgetary allocation by action provided for in paragraph 2 shall be determined in the work programme referred to in Article 19. [Am. 136]

Article 15

Forms of EU funding and methods of implementation

1.  The Programme shall be implemented, in a consistent manner, in direct management in accordance with the Financial Regulation or in indirect management with bodies referred to in Article [61(1)(c)] of the Financial Regulation.

2.  The Programme may provide funding in any of the forms laid down in the Financial Regulation, in particular grants, prizes and procurement.

3.  Contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the Financial Regulation. The provisions laid down in [Article X of] Regulation X [successor of the Regulation on the Guarantee Fund] shall apply.

CHAPTER VI

PARTICIPATION IN THE PROGRAMME

Article 16

Third countries associated to the Programme

1.  The Programme shall be open to the participation of the following third countries:

(a)  members of the European Free Trade Association, which are members of the European Economic Area (EEA), in accordance with the conditions laid down in the European Economic Area agreement;

(b)  acceding countries, candidate countries and potential candidates, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;

(c)  countries covered by the European Neighbourhood Policy, in accordance with the general principles and general terms and conditions for the participation of those countries in Union programmes established in the respective framework agreements and Association Council decisions, or similar agreements, and in accordance with the specific conditions laid down in agreements between the Union and those countries;

(d)  other third countries, in accordance with the conditions laid down in a specific agreement covering the participation of the third country to any Union programme, provided that the agreement:

—  ensures a fair balance as regards the contributions and benefits of the third country participating in the Union programmes;

—  lays down the conditions of participation in the programmes, including the calculation of financial contributions to individual programmes and their administrative costs. These contributions shall constitute assigned revenues in accordance with Article [21(5)] of the Financial Regulation;

—  does not confer to the third country a decisional power on the programme;

—  guarantees the rights of the Union to ensure sound financial management and to protect its financial interests.

2.  The countries referred to in paragraph 1 shall fully take part in the Programme only insofar as they fulfil all the obligations which this Regulation imposes on Member States.

Article 17

Third countries not associated to the Programme

As regards the actions referred to in Articles 4 to 6, points (a) and (b) of Article 7, and Articles 8 to 10, 12 and 13, the Programme may be open to the participation of the following legal entities from any third countries: country in duly justified cases in the Union’s interest.

(a)  third countries referred to in Article 16 which do not fulfil the condition set out in paragraph 2 of that Article;

(b)  any other third country. [Am. 137]

Article 18

Rules applicable to direct and indirect management

1.  The Programme shall be open to public and private legal entities active in the fields of education, training, youth and sport.

2.  When implementing the Programme, inter alia in the selection of participants and the award of grants, the Commission and the Member States shall ensure that efforts are made to promote social inclusion and improve outreach to people with fewer opportunities. [Am. 138]

3.  For selections under both direct and indirect management, the evaluation committee referred to in Article [145(3), third indent] of the Financial Regulation may be composed of external experts.

4.  Public entities, as well as institutions and organisations in the fields of education, training, youth and sport that have received over fifty percent of their annual revenue from public sources over the last two years shall be considered as having the necessary financial, professional and administrative capacity to carry out activities under the Programme. They shall not be required to present further documentation to demonstrate that capacity.

4a.  The levels of financial support, such as grants, lump sums, flat rates and unit costs, shall be regularly reviewed and adjusted to the living and subsistence costs of the host country or region based on Eurostat figures. The adjustment of living and subsistence costs shall duly take into account the travel costs to and from the host country or region. [Am. 139]

5.  To improve access to people with fewer opportunities and ensure the smooth implementation of the Programme, the Commission may adjust or may authorise the national agencies referred to in Article 23 to adjust, on the basis of objective criteria, the grants to support mobility actions of the Programme. [Am. 140]

6.  The Commission may launch joint calls with third countries not associated to the Programme or their organisations and agencies to finance projects on the basis of matching funds. Projects may be evaluated and selected through joint evaluation and selection procedures to be agreed upon by the funding organisations or agencies involved, in compliance with the principles set out in the Financial Regulation.

CHAPTER VII

PROGRAMMING, MONITORING AND EVALUATION

Article 19

Work programme

The secondary policies and priorities, including details of the specific initiatives outlined in Articles 4 to 13, shall be determined by means of a work programme shall be implemented by work programmes as referred to in Article [108] 110 of the Financial Regulation. The work programme shall also set out how the Programme is to be implemented. In addition, the work programme shall give an indication of the amount allocated to each action and of the distribution of funds between the Member States and third countries associated to the Programme for the actions to be managed through the national agency. The work programme shall be adopted by the Commission by means of an implementing act. Those implementing acts shall be adopted is empowered to adopt delegated acts in accordance with the examination procedure referred to in Article 31 30 in order to supplement this Regulation by adopting the work programme. [Am. 141]

Article 20

Monitoring and reporting

1.  Indicators to report on the progress of the Programme towards the achievement of the general and specific objectives laid down in Article 3 are set out in the Annex.

2.  To ensure effective assessment of the Programme towards the achievement of its objectives, the Commission shall be empowered to adopt delegated acts in accordance with Article 30 to amend the Annex to review or complement the indicators where considered necessary and to supplement this Regulation with provisions on the establishment of a monitoring and evaluation framework.

3.  The performance reporting system shall ensure that data for monitoring Programme implementation and evaluation are collected efficiently, effectively, in a timely manner and at the appropriate level of detail by beneficiaries of Union funds within the meaning of Article [2(5)] of the Financial Regulation. To that end, proportionate reporting requirements shall be imposed on beneficiaries of Union funds and Member States.

Article 21

Evaluation Evaluations, mid-term review and revision [Am. 142]

1.  Any evaluations shall be carried out in a timely manner to feed into the decision-making process. [Am. 143]

2.  The interim evaluation The mid-term review of the Programme shall be performed once there is sufficient information available about the implementation of the Programme, but in any event no later than four years after the start of the programme implementation 31 December 2024. It shall also be accompanied by a final evaluation of the predecessor programme, which shall feed into the mid-term review. The mid-term review, in addition to assessing the overall effectiveness and performance of the Programme, shall evaluate, in particular, the delivery of the inclusion measures laid down in Chapter IVa, efforts made to simplify the Programme for beneficiaries and the implementation of the new initiatives referred to in point (b) of Article 5 and in point (c) of Article 8. In so doing, it shall examine the breakdown of Programme participation, in particular with respect to people with fewer opportunities. [Am. 144]

3.  Without prejudice to the requirements set out in Chapter IX and the obligations of national agencies as referred to in Article 24, Member States shall submit to the Commission, by 30 April 2024, a report on the implementation and the impact of the Programme in their respective territories. The EEAS shall submit a similar report on the implementation and the impact of the Programme in participating developing countries. [Am. 145]

3a.  The Commission shall, where necessary and on the basis of the mid-term review, put forward appropriate legislative proposals to amend this Regulation. The Commission shall appear before the competent committee of the European Parliament and the competent body of the Council to report on the mid-term review, including with respect to its decision on whether an amendment of this Regulation is required. [Am. 146]

4.  At the end of the implementation period, but no later than four three years after the end of the period specified in Article 1, a final evaluation of the Programme shall be carried out by the Commission. [Am. 147]

5.  The Commission shall communicate the conclusions of the transmit any evaluations and the mid-term review accompanied by its observations to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. [Am. 148]

CHAPTER VIII

INFORMATION, COMMUNICATION AND DISSEMINATION

Article 22

Information, communication and dissemination

1.  In cooperation with the Commission and on the basis of a Union-wide framework, the national agencies referred to in Article 24 shall develop a consistent strategy with regard to the effective outreach, as well as dissemination and exploitation of results of activities supported under the actions they manage within the Programme, and shall assist the Commission in its general task of disseminating information concerning the Programme, including information in respect of actions and activities managed at national and Union level, and its results, and. National agencies shall inform relevant target groups about the actions and activities undertaken in their country, with a view to improving cooperation among stakeholders and supporting a cross-sectoral approach to the Programme's implementation. In carrying out communication and outreach activities and in disseminating information, the Commission and national agencies shall, in accordance with Chapter IVa, pay particular attention to people with fewer opportunities with a view to increasing their participation in the Programme. [Am. 149]

1a.  All essential Programme documents for beneficiaries, including application forms, instructions and essential information, shall be made available at least in all the official languages of the Union. [Am. 150]

2.  The recipients of Union funds shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public.

3.  The legal entities within the sectors covered by the Programme shall use the brand name ‘Erasmus’ ‘Erasmus+’ for the purpose of communication and dissemination of information relating to the Programme.

4.  The Commission shall implement information and communication actions relating to the Programme, and its actions and results. Financial resources allocated to the Programme shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3 in an accessible way. [Am. 151]

4a.  National agencies shall also disseminate information on the Programme to career guidance services in education and training institutions and to employment services. [Am. 152]

CHAPTER IX

MANAGEMENT AND AUDIT SYSTEM

Article 23

National authority

1.  By […], the Member States shall notify the Commission, by way of a formal notification transmitted by their Permanent Representation, of the person(s) legally authorised to act on their behalf as the national authority for the purposes of this Regulation. In the event of replacement of the national authority during the course of the Programme's lifetime, the Member State concerned shall notify the Commission thereof immediately, in accordance with the same procedure.

2.  The Member States shall take all necessary and appropriate measures to remove any legal and administrative obstacles to the proper functioning of the Programme, including, where possible, measures aimed at avoiding the taxation of grants, ensuring portability of rights among Union social systems and resolving issues that give rise to difficulties in obtaining visas or residence permits. [Am. 153]

3.  By […], the national authority shall designate a national agency or national agencies. In cases where there is more than one national agency, Member States shall establish an appropriate mechanism to coordinate the management of the implementation of the Programme at national level, particularly with a view to ensuring coherent and cost-efficient implementation of the Programme and effective contact with the Commission in this respect, and to facilitating the possible transfer of funds between agencies, thereby allowing for flexibility and better use of funds allocated to Member States. Each Member State shall determine how it organises the relationship between its national authority and the national agency, including tasks such as the establishment of the national agency's work programme.

The national authority shall provide the Commission with an appropriate ex-ante compliance assessment that the national agency complies with points (c)(v) and (vi) of Article [58(1)] and Article [60(1), (2) and (3)] of the Financial Regulation, and with the Union requirements for internal control standards for national agencies and rules for the management of programme funds for grant support.

4.  The national authority shall designate an independent audit body as referred to in Article 26.

5.  The national authority shall base its ex-ante compliance assessment on its own controls and audits, and/or on controls and audits undertaken by the independent audit body referred to in Article 26. Where the national agency designated for the Programme is the same as the national agency designated for the predecessor Programme, the scope of the ex-ante compliance assessment shall be limited to the requirements that are new and specific to the Programme.

6.  In the event that the Commission rejects the designation of the national agency based on its evaluation of the ex-ante compliance assessment, or if the national agency does not comply with the minimum requirements set by the Commission, the national authority shall ensure that the necessary remedial steps are taken to ensure that the national agency complies with the minimum requirements, or shall designate another body as national agency.

7.  The national authority shall monitor and supervise the management of the Programme at national level. It shall inform and consult the Commission in due time prior to taking any decision that may have a significant impact on the management of the Programme, in particular regarding its national agency.

8.  The national authority shall provide adequate co-financing for the operations of its national agency to ensure that the Programme is managed in compliance with the applicable Union rules.

9.  Based on the national agency's yearly management declaration, the independent audit opinion thereon and the Commission's analysis of the national agency's compliance and performance, the national authority shall, each year, provide the Commission, with information concerning its monitoring and supervision activities in relation to the Programme. Where possible, such information shall be made available to the public. [Am. 154]

10.  The national authority shall take responsibility for the proper management of the Union funds transferred by the Commission to the national agency in the framework of the Programme.

11.  In the event of any irregularity, negligence or fraud attributable to the national agency, or any serious shortcomings or underperformance on the part of the national agency, where this gives rise to claims by the Commission against the national agency, the national authority shall be liable to reimburse to the Commission the funds not recovered.

12.  In the circumstances referred to in paragraph 11, the national authority may, on its own initiative or upon request from the Commission, revoke the mandate of the national agency. Where the national authority wishes to revoke that mandate for any other justified reason, it shall notify the Commission of the revocation at least six months before the envisaged date of termination of the mandate of the national agency. In such cases, the national authority and the Commission shall formally agree on specific and timed transition measures.

13.  In the event of revocation, the national authority shall carry out the necessary controls regarding the Union funds entrusted to the national agency whose mandate has been revoked, and shall ensure an unimpeded transfer to the new national agency of those funds and of all documents and management tools required for the management of the Programme. The national authority shall provide the national agency whose mandate has been revoked with the necessary financial support to continue to meet its contractual obligations vis-à-vis the beneficiaries of the Programme and the Commission pending the transfer of those obligations to a new national agency.

14.  If so requested by the Commission, the national authority shall designate the institutions or organisations, or the types of such institutions and organisations, to be considered eligible to participate in specific Programme actions in their respective territories.

Article 24

National agency

1.  The national agency shall:

(a)  have legal personality or be part of an entity having legal personality, and be governed by the law of the Member State concerned; a ministry may not be designated as a national agency;

(b)  have the adequate management capacity, staff and infrastructure to fulfil its tasks satisfactorily, ensuring efficient and effective management of the Programme and sound financial management of Union funds;

(ba)  have the requisite expertise to cover all sectors of the Programme; [Am. 155]

(c)  have the operational and legal means to apply the administrative, contractual and financial management rules laid down at Union level;

(d)  offer adequate financial guarantees, issued preferably by a public authority, corresponding to the level of Union funds it shall be called upon to manage;

(e)  be designated for the duration of the Programme.

2.  The national agency shall be responsible for managing all stages of the project lifecycle of the actions that shall be described in the work programme referred to in Article [19], in conformity with [points (c)(v) and (vi) of Article 58(1)] of the Financial Regulation.

3.  The national agency shall issue grant support to beneficiaries within the meaning of Article [2(5)] of the Financial Regulation by way of a grant agreement as specified by the Commission for the Programme action concerned.

4.  The national agency shall report each year to the Commission and to its national authority in accordance with Article [60(5)] of the Financial Regulation. The national agency shall be in charge of implementing the observations issued by the Commission following its analysis of the yearly management declaration and of the independent audit opinion thereon.

5.  The national agency may not without prior written authorisation from the national authority and the Commission delegate to a third party any task of Programme or budget implementation conferred on it. The national agency shall retain sole responsibility for any tasks delegated to a third party.

6.  Where the mandate of a national agency is revoked, that national agency shall remain legally responsible for meeting its contractual obligations vis-à-vis the beneficiaries of the Programme and the Commission pending the transfer of those obligations to a new national agency.

7.  The national agency shall be in charge of managing and winding up the financial agreements relating to the predecessor programme that are still open at the beginning of the Programme.

7a.  In cooperation with the Commission, the national agencies shall ensure that procedures put in place to implement the Regulation are consistent and simple and that information is of high quality, including by developing common standards for project applications and evaluation. The national agencies shall regularly consult Programme beneficiaries to ensure compliance with this requirement. [Am. 156]

Article 25

European Commission

1.  On the basis of the compliance requirements for national agencies referred to in Article 23(3), the Commission shall review the national management and control systems, in particular on the basis of the ex-ante compliance assessment provided to it by the national authority, the national agency's yearly management declaration and the opinion of the independent audit body thereon, taking due account of the yearly information provided by the national authority on its monitoring and supervision activities with regard to the Programme.

2.  Within two months of receipt from the national authority of the ex-ante compliance assessment referred to in Article 23(3), the Commission shall accept, conditionally accept or reject the designation of the national agency. The Commission shall not enter into a contractual relationship with the national agency until it has accepted the ex-ante compliance assessment. In the event of conditional acceptance, the Commission may apply proportionate precautionary measures to its contractual relationship with the national agency.

3.  The Commission shall each year make the following Programme funds available to the national agency:

(a)  funds for grant support in the Member State concerned for the actions of the Programme the management of which is entrusted to the national agency;

(b)  a financial contribution in support of the Programme management tasks of the national agency which shall be established on the basis of the amount of Union funds for grant support entrusted to the national agency;

(c)  if relevant, additional funds for measures under point (d) of Article 6, and point (d) of Article 10 and point (ba) of Article 13. [Am. 157]

3a.  The Commission shall be responsible for the implementation of actions it manages directly. It shall therefore manage all stages of grant and project applications for Programme actions listed in Chapters II, III and IV when they are submitted by Union-wide networks, European and international organisations. [Am. 158]

4.  The Commission shall set the requirements for the national agency work programme. The Commission shall not make Programme funds available to the national agency until the Commission has formally approved the national agency's work programme.

5.  After assessing the yearly management declaration and the opinion of the independent audit body thereon, the Commission shall address its opinion and observations thereon to the national agency and the national authority.

6.  In the event that the Commission cannot accept the yearly management declaration or the independent audit opinion thereon, or in the event of unsatisfactory implementation by the national agency of the Commission's observations, the Commission may implement any precautionary and corrective measures necessary to safeguard the Union's financial interests in accordance with Article [60(4)] of the Financial Regulation.

7.  Regular meetings shall be organised with the network of national agencies in order to ensure coherent consistent implementation of the Programme across all Member States and all third countries referred to in Article 17 and to ensure the exchange of best practice. External experts, including representatives of civil society, of social partners and of third countries associated to the Programme, shall be invited to participate in such meetings. The European Parliament shall be invited as an observer to such meetings. [Am. 159]

7a.  In order to simplify and harmonise the application process, the Commission shall, by 30 June 2024, provide a common, multilingual, one-stop-shop tool for the Programme. That tool shall be made available, both online and on mobile devices, to any entity either benefiting from the Programme or involved in the management of the Programme. The tool shall also provide information about possible partners for prospective beneficiaries. [Am. 160]

7b.  The Commission shall ensure that project results are publicly available and widely disseminated in order to promote the exchange of best practice among national agencies, stakeholders and Programme beneficiaries. [Am. 161]

7c.  By 31 December 2021, the Commission shall develop a European Student Card for all students participating in the Programme. By 31 December 2025, the Commission shall make the European Student Card available to all students in the Union. [Am. 162]

Article 26

Independent audit body

1.  The independent audit body shall issue an audit opinion on the yearly management declaration as referred to in Article [60(5)] of the Financial Regulation. It shall form the basis of the overall assurance pursuant to Article [123] of the Financial Regulation.

2.  The independent audit body shall:

(a)  have the necessary professional competence to carry out public sector audits;

(b)  ensure that its audits take account of internationally accepted audit standards;

(c)  not be in a position of conflict of interest with regard to the legal entity of which the national agency forms part. In particular, it shall be independent, in terms of its functions, of the legal entity of which the national agency forms part.

3.  The independent audit body shall give the Commission and its representatives, as well as the Court of Auditors, full access to all documents and reports in support of the audit opinion that it issues on the national agency's yearly management declaration.

CHAPTER X

CONTROL SYSTEM

Article 27

Principles of the control system

1.  The Commission shall take appropriate measures ensuring that, when actions financed under this Regulation are implemented, the financial interests of the Union are protected by the application of measures to prevent fraud, corruption and any other illegal activities, by effective controls and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive penalties.

2.  The Commission shall be responsible for the supervisory controls with regard to the Programme actions and activities managed by the national agencies. It shall set the minimum requirements for the controls by the national agency and the independent audit body, taking account of the internal control systems for national public finances. [Am. 163]

3.  The national agency shall be responsible for the primary controls of grant beneficiaries for the Programme actions referred to in Article 24(2). Those controls shall give reasonable assurance that the grants awarded are used as intended and in compliance with the applicable Union rules.

4.  With regard to the Programme funds transferred to the national agencies, the Commission shall ensure proper coordination of its controls with the national authorities and the national agencies, on the basis of the single audit principle and following a risk-based analysis. This provision shall not apply to investigations carried out by the European Anti-Fraud Office (OLAF).

Article 28

Protection of the financial interests of the Union

Where a third country participates in the Programme by a decision under an international agreement or by virtue of any other legal instrument, the third country shall grant the necessary rights and access required for the authorizing officer responsible, the European Anti-Fraud Office (OLAF), the European Court of Auditors to comprehensively exert their respective competences. In the case of the European Anti-Fraud Office, such rights shall include the right to carry out investigations, including on-the-spot checks and inspections, provided for in Regulation (EU, Euratom) No 883/2013.

CHAPTER XI

COMPLEMENTARITY

Article 29

Complementarity with other Union policies, programmes and funds

1.  The Programme shall be implemented so as to ensure its overall consistency and complementarity with other relevant Union policies, programmes and funds, in particular those relating to education and training, culture and the media, youth and solidarity, employment and social inclusion, research and innovation, industry and enterprise, digital policy, agriculture and rural development, environment and climate, cohesion, regional policy, migration, security and international cooperation and development.

2.  An action that has received a contribution from the Programme may also receive a contribution from any other Union programme, provided that the contributions do not cover the same costs. The cumulative financing shall not exceed the total eligible costs of the action. [Am. 164]

3.  Where the Programme and the European Structural and Investment (ESI) Funds referred to in Article 1 of Regulation (EU)XX [CPR] provide jointly financial support to a single action, that action shall be implemented in accordance with the rules set out in this Regulation, including rules on recovery of amounts unduly paid.

4.  Actions eligible under the Programme, which comply with the following cumulative, comparative conditions:

—   they have been assessed in a call for proposals under the Programme and which;

—   they comply with the minimum quality requirements of that call for proposals, but which are not;

—   they cannot be financed under that call for proposals due to budgetary constraints, ;

may be selected awarded a Seal of Excellence in recognition of their high quality, thereby facilitating their application for funding from other sources or enabling their selection for funding by the European Structural and Investment (ESI) funds without a new application process. In this case the co-financing rates and the eligibility rules based on this Regulation shall apply. These actions shall be implemented by the managing authority referred to in Article [65] of Regulation (EU)XX [CPR] in accordance with the rules set out in that Regulation and fund specific regulations, including rules on financial corrections. [Am. 165]

CHAPTER XII

TRANSITIONAL AND FINAL PROVISIONS

Article 30

Exercise of the delegation

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

2.  The power to adopt delegated acts referred to in Article Articles 19 and 20 shall be conferred on the Commission until 31 December 2028. [Am. 166]

3.  The delegation of power referred to in Article Articles 19 and 20 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 167]

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016.

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

6.  A delegated act adopted pursuant to Article 20 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 31

Committee procedure

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

2.  The committee may meet in specific configurations to deal with sectoral issues. Where appropriate, in accordance with its rules of procedure and on an ad hoc basis, external experts, including representatives of the social partners, may be invited to participate in its meetings as observers.

3.  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. [Am. 168]

Article 32

Repeal

Regulation (EU) No 1288/2013 is repealed with effect from 1 January 2021.

Article 33

Transitional provisions

1.  This Regulation shall not affect the continuation or modification of the actions initiated under Regulation (EU) No 1288/2013, which shall continue to apply to the actions concerned until their closure.

2.  The financial envelope for the Programme may also cover technical and administrative assistance expenses necessary to ensure the transition between the Programme and the measures adopted under Regulation (EU) No 1288/2013.

3.  By way of derogation from Article [130(2)] of the Financial Regulation, and in duly justified cases, the Commission may consider the costs directly linked to the implementation of the supported activities and incurred during the first six months of 2021 as eligible for financing from 1 January 2021, even if they were incurred by the beneficiary before the grant application was submitted.

4.  If necessary, appropriations may be entered in the budget beyond 2027 to cover the expenses provided for in Article 14(5), to enable the management of actions and activities not completed by [31 December 2027].

5.  Member States shall ensure at national level the unimpeded transition between the actions carried out in the context of the Erasmus+ programme (2014-2020) and those to be implemented under this Programme.

Article 34

Entry into force

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

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

Done at ...,

For the European Parliament For the Council

The President The President

ANNEX

Indicators

(1)  High quality learning mobility for people from diverse backgrounds

(2)  Europeanisation and internationalisation of organisations and institutions

What to measure?

(3)  Number of people taking part in mobility activities under the Programme

(4)  Number of people with fewer opportunities taking part in learning mobility activities under the Programme

(5)  Share of participants that consider having benefitted from their participation in learning mobility activities under the Programme

(6)  Number of institutions and organisations supported by the Programme under key action 1 (learning mobility) and key action 2 (cooperation)

(7)  Number of newcomer organisations supported by the Programme under the key action 1 (learning mobility) and key action 2 (cooperation)

(8)  Share of institutions and organisations supported by the Programme who have developed high quality practices as a result of their participation in the Programme [Am. 169]

ANNEX IA

All quantitative indicators shall be disaggregated at least according to Member State and to gender.

Objective to measure: Key Action 1 – Learning mobility

Indicators:

Number of people taking part in mobility actions and activities under the Programme;

Number of individuals using virtual or blended learning tools in support of mobility under the Programme;

Number of individuals using blended or virtual learning tools because they are unable to participate in mobility activities;

Number of organisations/institutions taking part in mobility actions and activities under the Programme;

Number of organisations/institutions using virtual or blended learning tools in support of mobility under the Programme;

Number of organisations/institutions using blended or virtual learning tools because they are unable to participate in mobility activities;

Share of participants that consider they have benefited from their participation in Key Action 1 activities;

Share of participants that consider they have an increased European sense of belonging after participation in the Programme;

Share of participants that consider they have improved foreign language proficiency after participation in the Programme;

Objective to measure: Key Action 2 - Cooperation among organisations and institutions

Indicators:

Number of organisations/institutions supported by the Programme under Key Action 2;

Share of organisations/institutions that consider they have benefited from their participation in Key Action 2 activities;

Number of organisations/institutions making use of Union tools and platforms for cooperation;

Objective to measure: Key Action 3 - Support to policy development and cooperation

Indicators:

Number of individuals or organisations/institutions benefiting from actions under Key Action 3;

Objective to measure: Inclusion

Indicators:

Number of people with fewer opportunities taking part in mobility actions and activities;

Number of people with fewer opportunities using virtual or blended learning tools in support of mobility under the Programme;

Number of people with fewer opportunities using blended or virtual learning tools because they are unable to participate in mobility activities;

Number of newcomer organisations supported by the Programme under Key Action 1 and Key Action 2;

Share of people with fewer opportunities that consider they have benefited from their participation in the Programme;

Objective to measure: Simplification

Indicators:

Number of small-scale partnerships supported under Key Action 2;

Share of participants that consider that the application, participation and evaluation procedures are proportionate and simple;

Average time taken to complete each application by action compared to the previous programme. [Am. 170]

ANNEX TO THE LEGISLATIVE RESOLUTION

STATEMENT OF THE EUROPEAN PARLIAMENT

The position of the European Parliament adopted at first reading is to be understood as a package. Should the financial envelope for the 2021-2027 Programme be lower than the amount laid down in Article 14 paragraph 1 of the Parliament's position, the European Parliament reserves the right to re-examine its support for any of the actions in the Programme to ensure that the core activities of the Programme and its enhanced support for inclusion measures can be effectively delivered.

Furthermore, the European Parliament makes clear that its support for the new initiatives contained in its position – notably European Universities, Centres of vocational excellence and DiscoverEU – is contingent on (a) the evaluation of the pilot phases currently underway and (b) the further definition of each initiative. In the absence of the above, the European Parliament will use its prerogatives under the annual budgetary procedure to place relevant funds into the reserve until such time as these conditions have been fulfilled.

(1) OJ C 62, 15.2.2019, p. 194.
(2) OJ C 168, 16.5.2019, p. 49.
(3)OJ C , , p. .
(4)OJ C , , p. .
(5) Position of the European Parliament of 28 March 2019.
(6)COM(2018)0098.
(7)OJ C 428, 13.12.2017, p. 10.
(8) Special Report No. 22/2018 of the European Court of Auditors of 3 July 2018 entitled ‘Mobility under Erasmus+: Millions of Participants and multi-faceted European Added Value, however performance measurement needs to be further improved’.
(9)COM(2018)0321.
(10)Regulation (EU) No 1288/2013 of the European Parliament and the Council of 11 December 2013 establishing 'Erasmus+': the Union programme for education, training, youth and sport and repealing Decisions No 1719/2006/EC, No 1720/2006/EC and No 1298/2008/EC (OJ L 347, 20.12.2013, p. 50).
(11) OJ C 189, 4.6.2018, p. 1.
(12)COM(2016)0381.
(13)[Reference].
(14)[Reference - to be adopted by the Council by the end of 2018].
(15)COM(2018)0269.
(16)[Reference].
(17)COM(2018) [ ].
(18) OJ L 394, 30.12.2006, p. 5.
(19) COM(2016)0381.
(20) Directive (EU) 2016/2102 of the European Parliament and of the Council of 26 October 2016 on the accessibility of the websites and mobile applications of public sector bodies (OJ L 327, 2.12.2016, p. 1).
(21)OJ C 153, 2.5.2018, p. 1.
(22)OJ C 398, 22.12.2012, p. 1.
(23)OJ L […], […], p. […].
(24)OJ L […], […], p. […].
(25)COM(2017)0623.
(26)Council Decision 2013/755/EU of 25 November 2013 on the association of the overseas countries and territories with the European Union ('Overseas Association Decision') (OJ L 344, 19.12.2013, p. 1).
(27)Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016 (OJ L 123, 12.5.2016, p. 1).
(28)Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.5.2016, p. 21).
(29)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).
(30)Regulation (EU, Euratom) No 883/2013 of the European Parliament and the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF), OJ L 248 (18.9.2013, p. 1).
(31)Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
(32)Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
(33)Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L198, 28.7.2017, p. 29).
(34)In particular Europass - the single Union framework for the transparency of qualifications and competences ; the European Qualifications Framework; the European Quality Assurance Reference Framework for Vocational Education and Training; the European Credit System for Vocational Education and Training; the European Credit Transfer and Accumulation System; the European Quality Assurance Register for Higher Education; the European Association for Quality Assurance in Higher Education; the European Network of Information Centres in the European Region and National Academic Recognition Information Centres in the European Union; and the Euroguidance networks.
(35)[Reference].
(36)[Reference].


Establishment of a framework to facilitate sustainable investment ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 28 March 2019 on the proposal for a regulation of the European Parliament and of the Council on the establishment of a framework to facilitate sustainable investment (COM(2018)0353 – C8-0207/2018 – 2018/0178(COD))
P8_TA(2019)0325A8-0175/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0353),

–  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 (C8‑0207/2018),

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

–  having regard to the opinion of the European Economic and Social Committee of 17 October 2018(1),

–  having regard to the opinion of the Committee of the Regions of 5 December 2018(2),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the joint deliberations of the Committee on Economic and Monetary Affairs and the Committee on the Environment, Public Health and Food Safety under Rule 55 of the Rules of Procedure,

–  having regard to the report of the Committee on Economic and Monetary Affairs and the Committee on the Environment, Public Health and Food Safety (A8-0175/2019),

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

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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 28 March 2019 with a view to the adoption of Regulation (EU) .../… of the European Parliament and of the Council on the establishment of a framework to facilitate sustainable investment

P8_TC1-COD(2018)0178


(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 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)  Article 3(3) of the Treaty on European Union aims to establish an internal market that works for the sustainable development of Europe, based among others on balanced economic growth and a high level of protection and improvement of the quality of the environment.

(2)  On 25 September 2015, the UN General Assembly adopted a new global sustainable development framework: the 2030 Agenda for Sustainable Development(6) having at its core the Sustainable Development Goals (SDGs) covering three pillars of sustainability: environmental, social and economic/governance. The Commission's Communication of 2016 on the next steps for a sustainable European future(7) links the SDGs to the Union policy framework to ensure that all Union actions and policy initiatives, within the Union and globally, take the SDGs on board at the outset. The European Council conclusions of 20 June 2017(8) confirmed the commitment of the Union and the Member States to the implementation of the 2030 Agenda in a full, coherent, comprehensive, integrated and effective manner and in close cooperation with partners and other stakeholders.

(3)  In 2016, the Council concluded on behalf of the Union the Paris Climate Agreement(9). Article 2(1)(c) of the Paris Climate Agreement sets the objective to strengthen the response to climate change, among other means by making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient development.

(4)  Sustainability and the transition to a low-carbon and climate resilient, more resource-efficient and circular economy are key in ensuring long-term competitiveness of the Union’s economy. Sustainability has long been at the heart of the European Union project and the Treaties give recognition to its social and environmental dimensions.

(5)  In December 2016, the Commission mandated a High-Level Expert Group to develop an overarching and comprehensive Union strategy on sustainable finance. The report of the High-Level Expert Group published on 31 January 2018(10) calls for the creation of a technically robust classification system at Union level to establish clarity on which activities are ‘green’ or ‘sustainable’, starting with climate change mitigation.

(6)  In March 2018, the Commission published its Action Plan 'Financing Sustainable Growth'(11) setting up an ambitious and comprehensive strategy on sustainable finance. One of the objectives set out in that Action Plan is to reorient capital flows towards sustainable investment in order to achieve sustainable and inclusive growth. The establishment of a unified classification system for sustainable and of indicators for identifying the degree of sustainability of activities is are the most important and urgent action envisaged by the Action Plan. The Action Plan recognises that the shift of capital flows towards more sustainable activities has to be underpinned by a shared, holistic understanding of what 'sustainable' means the impact of economic activities and investments on environmental sustainability and resource efficiency. As a first step, clear guidance on activities qualifying as contributing to environmental objectives, should help inform investors about the investments that fund environmentally sustainable economic activities according to their degree of sustainability. Recognising the UN Sustainability Goals and the European Council conclusions of 20 June 2017, further guidance on the activities contributing to other sustainability objectives, including social and governance objectives, may should also be developed at a later stage thereby implementing the 2030 Agenda in full, coherent, comprehensive, integrated and effective manner. [Am. 80]

(6a)  While acknowledging the urgency of addressing climate change, a narrow focus on carbon exposure could have negative spill-overs by redirecting investment flows to targets that carry other environmental risks. Hence, adequate safeguards need to be put in place to ensure that the economic activities are not harming other environmental objectives, such as biodiversity and energy efficiency. Investors need comparable and holistic information regarding environmental risks and their impact, in order to assess their portfolios beyond carbon exposure. [Am. 2]

(6b)  Given the urgency in several interlinked fields of environmental degradation and resource overconsumption, there is a need to take a systemic approach to exponentially growing negative trends, such as the loss of biodiversity, the global overconsumption of resources, the appearance of new threats including hazardous chemicals and their cocktails, nutrition scarcity, climate change, ozone depletion, ocean acidification, fresh water depletion, and land system change. Hence, it is necessary that the actions to be taken are forward-looking and up-to-scale to the upcoming challenges. The scale of those challenges requires a holistic and ambitious approach and the application of a stringent precautionary principle. [Am. 3]

(7)  Decision No. 1386/2013/EU of the European Parliament and of the Council(12) called for an increase in private sector funding for environmental and climate-related expenditure, notably through putting in place incentives and methodologies that stimulate companies to measure the environmental costs of their business and profits derived from using environmental services.

(7a)  The European Parliament Own Initiative Report on Sustainable Finance of 29 May 2018 lays down essential elements of sustainability indicators and taxonomy as an incentive for sustainable investment. Consistency should be ensured among relevant legislation. [Am. 4]

(8)  Achieving SDGs in the Union requires the channelling of capital flows towards sustainable investments. It is important to exploit fully the potential of the internal market for the achievement of those goals. It is also important to ensure that capital flows channelled towards sustainable investment are not disrupted in the internal market.

(8a)  The scale of the challenge entails gradually moving the entire financial system to support the economy to function on a sustainable basis. To that end, sustainable finance needs to be brought into the mainstream, and consideration needs to be made of sustainability impact in respect of financial products and services. [Am. 5]

(9)  Offering financial products which pursue environmentally sustainable objectives is an effective way of channelling gradually shifting private investments into from activities with negative environmental impact and towards more sustainable activities. National requirements for marketing as sustainable investments financial products, services and corporate bonds, as defined in this Regulation, in particular requirements set out to allow the relevant market actors to use a national label, aim to enhance investor confidence and awareness of risks, to create visibility and to address concerns about “greenwashing”. Greenwashing refers to the practice of gaining an unfair competitive advantage by marketing a financial product as environment-friendly, when in fact it does not meet basic environmental standards. Currently a few Member States have in place labelling schemes. They build on different taxonomies classifying environmentally sustainable economic activities. Given the political commitments under the Paris Agreement and at Union level, it is likely that more and more Member States will set up labelling schemes or other requirements on market actors in respect of financial products or corporate bonds marketed as environmentally sustainable. In doing so, Member States would be using their own national taxonomies for the purposes of determining which investments qualify as sustainable. If such national requirements are based on different criteria and indicators as to which economic activities qualify as environmentally sustainable, investors will be discouraged from investing across borders, due to difficulties in comparing the different investment opportunities. In addition, economic operators wishing to attract investment from across the Union would have to meet different criteria in the various Member States in order for their activities to qualify as environmentally sustainable for the purposes of the different labels. The absence of uniform criteria and indicators will thus increase direct investments in an environmentally ineffective, and in some cases counterproductive, manner and lead to unmet environmental and sustainability targets. That absence thus increases costs and create creates a significant disincentive for economic operators, amounting to an impediment to access cross-border capital markets for sustainable investments. The barriers to access to cross-border capital markets for the purposes of raising funds for sustainable projects are expected to grow further. The criteria and indicators for determining whether an the degree of sustainability of an economic activity is environmentally sustainable should therefore be gradually harmonised at Union level, in order to remove obstacles to the functioning of the internal market and prevent their future emergence. With such harmonisation of information, of metrics and of criteria, economic operators will find it easier to raise funding for their green environmentally sustainable activities across borders, as their economic activities can be compared against uniform criteria and indicators in order to be selected as underlying assets for environmentally sustainable investments. It will therefore facilitate attracting investment across borders within the Union. [Am. 6]

(9a)   In order for the Union to reach its environmental and climate commitments, private investments need to be mobilised. Achieving this requires long-term planning as well as regulatory stability and predictability for investors. In order to guarantee a coherent policy framework for sustainable investments, it is therefore important that the provisions of this Regulation build upon existing Union legislation. [Am. 7]

(10)  Moreover if market participants do not provide any explanation to investors of disclose how the activities they invest in contribute negatively or positively to environmental objectives, or if they use different concepts metrics and criteria for determining the impact in their explanation of what is a ‘sustainable’ the degree of environmental sustainability of an economic activity, investors will find it disproportionately burdensome to check and compare these different financial products. It has been found that this discourages investors from investing into green sustainable financial products. Furthermore, the lack of investor confidence has major detrimental effects on the market for sustainable investment. It has further been shown that national rules or market-based initiatives taken to tackle this issue within national borders will lead to fragmenting the internal market. If financial market participants disclose how the financial products they claim are environment-friendly meet environmental objectives, and they use for such disclosures common criteria across the Union of what is an environmentally sustainable economic activity, this will help investors compare environment-friendly the environmental impact of investment opportunities across borders and will incentivise investee companies to make their business models more sustainable. Investors will invest in green financial products with higher confidence across the Union, improving the functioning of the internal market. [Am. 8]

(10a)  In order to deliver a meaningful environmental and broader sustainability impact, to decrease unnecessary administrative burden on financial market participants and other stakeholders and to facilitate the growth of European financial markets funding sustainable economic activities, the taxonomy should be based on harmonised, comparable and uniform criteria and indicators, including at least the circular economy indicators. Those indicators should be made consistent with the unified life cycle assessment methodology and be applied across Union regulatory initiatives. They should be the basis for the assessment of economic activities and investments risk and impact on the environment. Any overlap in regulation must be avoided which would not be in line with the principles of better regulation and would not be applied in a proportionate manner and the aim to create a consistent terminology and a clear regulatory framework. Any unnecessary burdening of both, authorities and financial institutions should also be avoided. In the same perspective, the scope and use of the technical screening criteria as well as the link to other initiatives should be clearly defined before the taxonomy and pertaining criteria enter into force. Setting harmonised criteria for environmentally sustainable economic activities should take into account the competence of the Member States in different policy areas. The requirements of this Regulation should apply in a proportionate manner to small and non-complex institutions as defined under this Regulation. [Am. 9]

(10b)  The indicators should be harmonised based on existing undertakings, such as the work of the Commission, the European Environmental Agency, and the OECD, among others, and should capture environmental impact on CO2 and other emissions, biodiversity, production of waste, the use of energy and renewable energy, raw materials, water, and direct and indirect land use, as laid out in the Commission monitoring framework on the circular economy (COM(2018)0029), the EU action plan for the Circular Economy (COM(2015)0614) and in the European Parliament’s resolution of 9 July 2015 on resource efficiency: moving towards a circular economy (2014/2208(INI)). Furthermore, the indicators should be designed also taking into account the recommendations of the Support to Circular Economy Financing Expert Group of the European Commission. The Commission should evaluate how to integrate the work of this expert group with the TEG. Indicators should take into account internationally recognised sustainable standards. [Am. 10]

(11)  To address existing obstacles to the functioning of the internal market and to prevent the emergence of such obstacles in the future, Member States and the Union should be required to use a common concept of environmentally sustainable investment regarding the degree of environmental sustainability of investments when setting up requirements for market actors for the purpose of labelling financial products, services or corporate bonds marketed as environmentally sustainable at national level. For the same reasons, fund managers and institutional investors that hold themselves out as pursuing environmental objectives should use the same concept of environmentally sustainable investment and the same indicators, metrics and criteria for calculating the environmental impact when disclosing how they pursue those objectives. [Am. 11]

(12)  Establishing criteria for environmentally sustainable economic activities may encourage firms to disclose on their websites, on a voluntary basis, information on the environmentally sustainable economic activities they carry out. This The information on the environmental impact of activities will not only help relevant actors in the financial markets to easily identify which firms carry out environmentally sustainable and determine the degree of environmental sustainability of the economic activities carried out by firms, but it will also facilitate for these firms to raise funding for their green activities. [Am. 12]

(13)  A Union classification of environmentally sustainable Union-wide indicators relevant for the determination of the environmental impact of economic activities should enable the development of future Union policies and strategies, including Union-wide standards for environmentally sustainable financial products and eventually the establishment of labels that formally recognise compliance with those standards across the Union, as well as to be the basis for other economic, regulatory and prudential measures. Uniform legal requirements for considering investments as environmentally sustainable the degree of environmental sustainability of investments, based on uniform criteria for environmentally sustainable determining the degree of environmental sustainability of economic activities and common indicators for assessing the environmental impact of investments, are necessary as a reference for future Union legislation aiming at enabling those facilitating the shift from investments with a negative environmental impact to investments with a positive impact. [Am. 13]

(14)  In the context of achieving SDGs in the Union, policy choices such as the creation of a European Fund for Strategic Investment, have proven to could be effective in contributing to mobilise and channel private investment alongside public spending towards sustainable investments. Regulation (EU) 2015/1017 of the European Parliament and of the Council(13) specifies a 40 % horizontal climate investment target for infrastructure and innovation projects under the European Fund for Strategic Investment. Common criteria for the sustainability of economic activities could and common indicators for the assessment of environmental impact may underpin future similar initiatives of the Union supporting mobilising investment pursuing climate-related or other environmental objectives. [Am. 14]

(15)  To avoid market fragmentation as well as harm to consumer interests due to divergent notions of environmentally sustainable regarding the degree of environmental sustainability of economic activities, national requirements that market actors should comply with when they wish to market financial products or corporate bonds as defined in this Regulation as being environmentally sustainable, should build on the uniform criteria for environmentally sustainable economic activities. Those market actors include financial market participants offering “green” sustainable financial products or services and non-financial companies issuing “green” sustainable corporate bonds. [Am. 15]

(16)  To avoid harming consumer interests, fund managers and institutional investors offering financial products as environmentally sustainable, should disclose how and to what extent the criteria for environmentally sustainable economic activities are used to determine the environmental sustainability of the investments. The information disclosed should enable investors to understand the share of the investment funding environmentally sustainable economic activities as a percentage of all economic activities and thus the degree of environmental sustainability of the investment. The Commission should specify the information that needs to be disclosed for that purpose. That information should enable national competent authorities to verify compliance with the disclosure obligation easily, and to enforce that obligation in accordance with applicable national law.

(17)  To avoid circumvention of the disclosure obligation, that obligation should also apply where to all financial products are offered as having similar characteristics as environmentally sustainable investments, including those having as their target environmental protection in a broad sense. Financial market participants should not be required to invest only in environmentally sustainable economic activities determined in accordance with the technical screening criteria set out in this Regulation. They Financial market participants and other actors should be encouraged to inform the Commission if they consider that an economic activity that does not meet the technical screening criteria, or for which such criteria relevant for the activities they finance have not been established yet, and thereby that their financial products should be considered environmentally sustainable, to help the Commission to evaluate the appropriateness of complementing or updating the technical screening criteria. [Am. 16]

(18)  For the purposes of determining whether the degree of environmental sustainability of an economic activity is environmentally sustainable, an exhaustive list of environmental objectives based on indicators measuring the environmental impact should be laid down, taking into account its impact on the entire industrial value chain and ensuring coherence with existing Union legislation such as the Clean Energy package. [Am. 17]

(19)  The environmental objective of protection of healthy ecosystems should be interpreted taking into account relevant legislative and non-legislative instruments of the Union, including Directive 2009/147/EC of the European Parliament and of the Council(14), Council Directive 92/43/EEC(15), Regulation (EU) No 1143/2014 of the European Parliament and of the Council(16), the EU Biodiversity Strategy to 2020(17), the EU Green Infrastructure Strategy, Council Directive 91/676(18), Regulation (EU) No 511/2014 of the European Parliament and of the Council(19), Regulation (EU) No 995/2010 of the European Parliament and of the Council(20), the Forest Law Enforcement, Governance and Trade Action Plan(21), and the Wildlife Trafficking Action Plan(22).

(20)  For each environmental objective, uniform criteria based on information provided by means of harmonised indicators for considering economic activities to be substantially contributing to that objective should be laid down. One element of the uniform criteria should be to avoid significant harm to any of the environmental objectives set out in this Regulation. This is in order to avoid that investments are considered environmentally sustainable although the economic activities benefitting from those investments cause harm to the environment to an extent outweighing their contribution to an environmental objective. The conditions for substantial contribution and for not causing significant harm should enable investments into environmentally sustainable economic activities to make a real contribution to the environmental objectives. [Am. 18]

(21)  Recalling the joint commitment of the European Parliament, the Council and the Commission to pursue the principles enshrined in the European Pillar of Social Rights in support of sustainable and inclusive growth and recognising the relevance of international minimum human and labour rights and standards, compliance with minimum safeguards should be a condition for economic activities to qualify as environmentally sustainable. For that reason economic activities should only qualify as environmentally sustainable where they are carried out observing the International Labour Organisation’s (‘ILO’) declaration on Fundamental Rights and Principles at Work and the eight ILO core conventions. The ILO core conventions define human and labour rights that companies are due to respect. Several of these international standards are also enshrined the Charter of Fundamental Rights of the European Union, in particular the prohibition of slavery and forced labour and the principle of non-discrimination. Those minimum safeguards are without prejudice to the application of more stringent requirements on environment, health and safety and social sustainability set out in Union law, where applicable.

(22)  Given the specific technical details needed to assess the environmental impact of an economic activity and the fast-changing nature of both science and technology, the criteria of environmentally sustainable relevant for determining the degree of environmental sustainability of economic activities should be adapted regularly to those changes. For the criteria and indicators to be up to date, based on scientific evidence and input from experts as well as relevant stakeholders, the conditions for substantial contribution and significant harm should be specified with more granularity for different economic activities and should be updated regularly. To that purpose, granular and calibrated technical screening criteria and a set of harmonised indicators for the different economic activities should be laid down by the Commission, on the basis of the technical input of a multi-stakeholders Platform on Sustainable Finance. [Am. 19]

(23)  Some economic activities have a negative impact on the environment, and a substantial contribution to one or more environmental objectives can be achieved by reducing that negative impact. For those economic activities, it is appropriate to set out technical screening criteria that require a substantial improvement in environmental performance compared to, inter alia, the industry average in order to consider whether that the activity may deliver a substantial contribution to one or more environmental objectives. Those criteria should consider also the long term impact (i.e. more than 3 years) of a specific economic activity in particular the environmental benefits of products and services and the contribution of intermediate products, and thus provide an assessment of the impact of all the phases of manufacturing and use throughout the value chain and life cycle. [Am. 20]

(24)  An economic activity should not be considered environmentally sustainable if it causes more harm does not bring about a net benefit to the environment than the benefits it brings. The technical screening criteria should identify the minimum requirements necessary to avoid a significant harm to other objectives. When establishing and updating the technical screening criteria, the Commission should ensure that those criteria are reasonable, proportionate and based on available scientific evidence and take account of the whole value chain and the life cycle of technologies. It should also ensure that they are updated regularly. Where scientific evaluation does not allow for the risk to be determined with sufficient certainty, the precautionary principle should apply, in line with Article 191 TFEU. [Am. 21]

(25)  When establishing and updating the technical screening criteria and a set of harmonised indicators the Commission should take into account the relevant Union law, as well as non-legislative instruments of the Union already in place, including the Regulation (EC) 66/2010 of the European Parliament and the Council(23), the EU Eco-Management and Audit Scheme(24), the EU Green Public Procurement criteria(25), the Commission Circular Economy Platform, the European Platform on Life Cycle Assessment, and the on-going work on Product and Organisation Environmental Footprint rules(26). To avoid unnecessary inconsistencies with classifications of economic activities that already exist for other purposes, the Commission should also take into account the statistical classifications relating to the Environmental Goods and Services Sector, namely the Classification of Environmental Protection Activities and Expenditure (CEPA) and the Classification of Resource Management Activities (CReMA)(27). [Am. 22]

(26)  When establishing and updating the technical screening criteria and harmonised indicators the Commission should also take into account the specificities of the infrastructure sector different sectors and take into account environmental, social and economic externalities within a cost-benefit analysis. In that regard, the Commission should consider the work of international organisations, such as the OECD, relevant Union legislation and standards, including Directive 2001/42/EC of the European Parliament and of the Council(28), Directive 2011/92/EU of the European Parliament and of the Council(29) Directive 2014/23/EU of the European Parliament and of the Council(30), Directive 2014/24/EU of the European Parliament and of the Council(31), Directive 2014/25/EU of the European Parliament and of the Council(32), and current methodology. In that context, the technical screening criteria and indicators should promote appropriate governance frameworks integrating environmental, social and governance factors, as referred to in the United Nations-supported Principles for Responsible Investment(33), at all stages of a project's lifecycle. [Am. 23]

(26a)  In defining the technical screening criteria, the Commission should also take into account transitional measures towards activities that support the transition to a more sustainable, low-carbon economy. For companies that are currently engaged in economic activities that are highly damaging to the environment there should be incentives to make a rapid transition to environmentally sustainable, or at least environmentally unproblematic status. The technical screening criteria should encourage such transition processes where they are happening. If the major part of the undertakings that conduct a particular harmful activity are demonstrably engaged in such a transition, the screening criteria may take this into account. The existence of serious transition efforts can be demonstrated through, among other things, sustained research and development efforts, large investment capital expenditure projects in new and more environmentally sustainable technologies, or concrete transition plans in at least the early stages of implementation. [Am. 24]

(27)  To encourage environmentally sustainable innovation and to avoid distorting competition when raising financing for environmentally sustainable economic activities, the technical screening criteria should ensure that all relevant economic activities within a specific sector macro-sectors (i.e. NACE sectors such as agriculture, forestry and fishing, manufacturing, electricity, gas, steam and air conditioning supply, construction, transportation and storage services) can qualify as environmentally sustainable and are treated equally if they contribute equally towards one or more of the environmental objectives laid out in this Regulation, while not significant harming any other environmental objectives under Articles 3 and 12. The potential capacity to contribute towards those environmental objectives may however vary across sectors, which should be reflected in the screening criteria. However, within each economic macro-sector, those criteria should not unfairly disadvantage certain economic activities over others if the former contribute towards the environmental objectives to the same extent as the latter, while not significantly harming any other environmental objectives referred to in Articles 3 and 12. [Am. 25]

(27a)  Environmentally sustainable activities are the result of technologies and products developed all along the value-chain. For this reason, the technical screening criteria should consider the role of the whole value-chain, from the processing of raw materials to the final product and its waste phase, in the final delivery of environmentally sustainable activities. [Am. 26]

(27b)   To avoid disrupting well-functioning value-chains, the technical screening criteria should consider that environmentally sustainable activities are enabled by technologies and products developed by multiple economic actors. [Am. 27]

(28)  When establishing technical screening criteria, the Commission should assess potential transition risks, whether the pace of the adoption of those criteria for environmentally sustainable activities would give rise to stranded assets or deliver inconsistent incentives, and whether it would have any negative impact on liquidity in financial markets. [Am. 28]

(29)  To avoid overly burdensome compliance costs on economic operators, the Commission should establish technical screening criteria that provide for sufficient legal clarity, are practicable, easy to apply and with which compliance can be verified within reasonable cost-of-compliance boundaries.

(30)  To ensure that investments are channelled towards economic activities that make the biggest positive impact on the environmental objectives, the Commission should give priority to the establishment of technical screening criteria for the economic activities that potentially contribute most to the environmental objectives. Screening criteria should take into account the outcomes of projects to facilitate the identification and development of new technologies as well as to take into account of the scalability of these technologies. [Am. 29]

(31)  Appropriate technical screening criteria should be established for the transport sector, including for mobile assets, which should take into account the entire life cycle of technologies and that the transport sector, including international shipping, contributes close to 26 % of total greenhouse gas emissions in the Union. As evidenced in the Action Plan on Financing Sustainable Growth(34) the transport sector represents about 30 % of additional annual investment needs for sustainable development in the Union, including by increasing electrification or transition to cleaner modes of transport by promoting modal shift and traffic management. [Am. 30]

(32)  It is of particular importance that the Commission when preparing the development of the technical screening criteria, carry out appropriate consultations in line with Better Regulation requirements. The process for the establishment and the update of the technical screening criteria and the harmonised indicators should also involve relevant stakeholders and build on scientific evidence, socio-economic impact, best practice and existing work and entities, notably, the European Commission Circular Economy Platform, and the advice of experts with proven knowledge and global experience in the relevant areas. For that purpose, the Commission should set up a Platform on sustainable finance. This Platform should be composed of a wide range of experts representing both the public and the private sector to ensure that the specificities of all relevant sectors are duly taken into account. Public sector representatives should include experts from the European Environmental Agency and national environment protection agencies, the European Supervisory Authorities the European Financial Reporting Advisory Group, and the European Investment Bank. Private sector experts should include representatives of relevant stakeholders, including financial and non-financial market actors, representatives of the real economy representing a wide range of industries, universities, research institutes, associations and organisations. Where necessary the Platform should be allowed to request advice from non-members. The Platform should advise the Commission on the development, analysis and review of technical screening criteria and harmonised indicators, including their potential impact on the valuation of assets that until the adoption of the technical screening criteria were considered as green assets sustainable under existing market practices. The Platform should also advise the Commission on whether the technical screening criteria and indicators are suitable for further uses in future Union policy initiatives aimed at facilitating sustainable investment. The Platform should advise the Commission on the development of sustainability accounting standards and integrated reporting standards for corporates and financial market participants, including through the revision of Directive 2013/34/EU. [Am. 31]

(33)  In order to specify the requirements set out in this Regulation, and particularly to establish and update granular and calibrated technical screening criteria and indicators for different economic activities as to what constitutes a substantial contribution and significant harm to the environmental objectives, 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 in respect of the information required to comply with the disclosure obligation set out in Article 4 (3), and the technical screening criteria mentioned in Article 6(2), Article 7(2), Article 8(2), Article 9(2), Article 10(2) and Article 11(2). It is of particular importance that the Commission carry out appropriate public consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States’ experts, and the experts of the European Parliament and the Council should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. [Am. 32]

(34)  To give sufficient time to the relevant actors to familiarise themselves with the criteria for environmentally sustainable economic activities set out in this Regulation and to prepare for their application, the obligations set out in this Regulation should become applicable, for each environmental objective, six months after the relevant technical screening criteria have been adopted.

(35)  The application of this Regulation should be reviewed regularly and at least after two years in order to assess the progress on the development of technical screening criteria and harmonised indicators for environmentally sustainable and environmentally harmful activities, the use of the definition of environmentally sustainable investment or investments having a negative environmental impact, and whether compliance with the obligations requires the establishment of further verification mechanism. The review should include also an assessment of whether the provisions required for extending the scope of this Regulation should be extended to cover social sustainability objectives. By 31 March 2020, the Commission should, where appropriate, publish further legislative proposals on the establishment of a verification mechanism of compliance. [Am. 33]

(36)  Since the objectives of this Regulation cannot be sufficiently achieved by the Member States, but can be better achieved at Union level, by reason of the need to introduce at Union level uniform criteria and indicators for environmentally sustainable economic activities, 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 in order to achieve those objectives. [Am. 34]

HAVE ADOPTED THIS REGULATION:

Chapter I

Subject matter, scope and definitions

Article 1

Subject matter and scope

1.  This Regulation establishes the criteria for determining the degree of environmental impact and sustainability of whether an economic activity is environmentally sustainable for the purposes of establishing the degree of environmental sustainability of an investment.

2.  This Regulation applies to the following:

(a)  measures adopted by Member States or by the Union setting out any requirements on financial market actors participants in respect of financial products or corporate bonds that are marketed within the Union as environmentally sustainable;

(b)  financial market participants offering within the Union financial products as environmentally sustainable investments or as investments having similar characteristics; and

(ba)   financial market participants offering other financial products except where:

i.  they provide explanations, supported by reasonable proof to the satisfaction of the relevant competent authorities, that the economic activities funded by its financial products do not have any significant sustainability impact according to the technical screening criteria referred to in Art 3 and 3a, in which case the provisions of Chapter II and III shall not apply. Such information shall be provided in its prospectus, or

ii.  the financial market participant declares in its prospectus that the financial product in question does not pursue sustainability objectives and that the product is at an increased risk of supporting economic activities that are not considered sustainable under this regulation.

2a.  The criteria referred to in Article 1(1) shall be applied in a proportionate manner, avoiding excessive administrative burden , and taking into account the nature, scale and complexity of the financial market participant and credit institutions by means of simplified provisions for small and non-complex entities in conformity with the provisions of Article 4 paragraph 2d.

2b.  The criteria referred to in the first paragraph of this Article may be used for the purpose mentioned in that paragraph by undertakings not covered by Article 1(2) or with respect to other financial instruments than those defined in Article 2 on a voluntary basis.

2c.  The Commission shall adopt a delegated act for the purpose of specifying the information that financial market participants shall submit to the relevant competent authorities for the purpose of point (a) of paragraph 2 of this Article. [Ams. 35, 55, 59, 87 and 96]

Article 2

Definitions

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

(a)  ‘environmentally sustainable investment’ means an investment that funds one or several economic activities that qualify under this Regulation as environmentally sustainable;

(b)  ‘financial market participants’ means financial market participants any of the following, as defined in Article 2 (a) of [Commission proposal for a Regulation on disclosures relating to sustainable investments and sustainability risks and amending Directive (EU) 2016/2341]:

(i)  a credit institution as defined in point (1) of Article 4 (1) of Regulation (EU) No 575/2013 defined under [PO insert reference to relevant Article] of Regulation (EU) No 575/2013];

(ba)   'issuer' means a listed issuer as defined in point (h) of Article 2(1) of Directive 2003/71/EC of the European Parliament and of the Council(35) and point (h) of Article 2 of Regulation (EU) 2017/1129 of the European Parliament and of the Council(36);

(c)  'financial products' mean financial products means a portfolio management, an AIF, an IBIP, a pension product, a pension scheme or a UCITS, a corporate bond, as defined in Article 2 (j) of [Commission proposal for a Regulation on disclosures relating to sustainable investments and sustainability risks and amending Directive (EU) 2016/2341], as well as issuances referred to in Directive 2003/71/EC and Regulation (EU) 2017/1129);

(ca)  ‘environmental indicators’ means, at minimum, the measurement of consumption of recourses, such as raw materials, energy, renewable energy, water, impact on ecosystem services, emissions including CO2, impact on biodiversity and land use and production of waste, based on scientific evidence, the Commission Life Cycle Assessment methodology and as laid out in the Commission’s monitoring framework on the circular economy (COM(2018)0029);

(cb)  'relevant national competent authority' means the competent or supervisory authority, or authorities, in the Member States as specified in the Union acts referred to in Article 1(2) of Regulation (EU) No 1095/2010, of Regulation (EU) No 1093/2010 and of Regulation (EU) No 1094/2010, which cover in their scope the category of financial market participant subject to the disclosure requirement referred to in Article 4 of this Regulation;

(cc)  'relevant ESA' means the European Supervisory Authority, or European Supervisory Authorities, specified in the Union acts referred to in Article 1(2) of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and/or of Regulation (EU) No 1095/2010, which cover in their scope the category of financial market participant subject to the disclosure requirement referred to in Article 4 of this Regulation;

(d)  'climate change mitigation' means the process of processes, including transitional measures, required for holding the increase in the global average temperature to well below 2°C above pre-industrial levels and limiting the temperature increase pursuing efforts to limit it to 1.5°C above pre-industrial levels, as laid down the Paris Agreement;

(e)  ‘climate change adaptation’ means the process of adjustment to actual and expected climate change and its effects;

(f)  'greenhouse gas' means a greenhouse gas listed in Annex I to Regulation (EU) No 525/2013 of the European Parliament and of the Council(37);

(g)  'circular economy' means maintaining the value and usage of products, materials and all other resources in the economy at their highest level for as long as possible, and thus reducing environmental impact and minimising waste, including through the application of the waste hierarchy as laid down in Article 4 of Directive 2008/98/EC of the European Parliament and of the Council(38) and minimising the use of resources based on key circular economy indicators as set out in the monitoring framework on progress towards a circular economy, covering different stages of production, consumption, waste management;

(h)  'pollution' means:

(i)  the direct or indirect introduction, as a result of human activity, of substances, vibrations, heat, noise, light or other pollutants into air, water or land which may be harmful to human health or the quality of the environment, may result in damage to material property, or may impair or interfere with amenities and other legitimate uses of the environment;

(ii)  in the context of marine environment, pollution as defined in Article 3(8) of Directive 2008/56/EC of the European Parliament and of the Council(39);

(iia)   in the context of water environment, pollution as defined in Article 2 (33) of Directive 2000/60/EC;

(i)  'healthy ecosystem' means an ecosystem that is in a good physical, chemical and biological condition or of a good physical, chemical and biological quality and that is capable of self-reproduction or self-restoration to equilibrium and that preserves biodiversity;

(j)  'energy efficiency' means using energy more efficiently at all the stages of the energy chain from production to final consumption;

(k)  ‘good environmental status’ means good environmental status as defined in Article 3(5) of Directive 2008/56/EC;

(l)  ‘marine waters’ means marine waters as defined in Article 3(1) of Directive 2008/56/EC;

(m)  ‘surface water’, ‘inland water’, ‘transitional waters’ and ‘coastal water’ shall have the same meaning as in points (1), (3), (6) and (7) of Article 2 of Directive 2000/60/EC(40);

(n)  'sustainable forest management' means using forests and forest land in a way, and at a rate, that maintains their biodiversity, productivity, regeneration capacity, vitality and their potential to fulfil, now and in the future, relevant ecological, economic and social functions, at local, national, and global levels, and that does not cause damage to other ecosystems accordance with applicable legislation. [Ams. 36, 88 and 89]

Chapter II

Environmentally sustainable economic activities

Article 3

Criteria for environmentally sustainable economic activities

For the purposes of establishing the degree of environmental sustainability of an investment, an economic activity shall be environmentally sustainable where that activity complies with all of the following criteria:

(a)  the economic activity contributes substantially to one or more of the environmental objectives set out in Article 5 in accordance with Articles 6 to 11;

(b)  the economic activity does not significantly harm any of the environmental objectives set out in Article 5 in accordance with Article 12;

(c)  the economic activity is carried out in compliance with the minimum safeguards laid down in Article 13;

(d)  the economic activity complies with technical screening criteria, where the Commission has specified those on the basis of harmonised measuring sustainability impact at company or plan levels belonging to the economic activity and in accordance with Articles 6(2), 7(2), 8(2), 9(2), 10(2) and 11(2). [Am. 37]

Article 3a

Criteria for economic activities with a significant negative environmental impact

By 31 December 2021, the Commission shall conduct an impact assessment on the consequences of revising this Regulation to expand the framework for sustainable investments with a framework that is used to define criteria for when and how an economic activity has a significant negative impact on sustainability. [Am. 38]

Article 4

Use of Application of and compliance with the criteria for environmentally sustainable determining the degree of environmental sustainability of economic activities

1.  Member States and the Union shall apply the criteria for determining environmentally sustainable the degree of environmental sustainability of economic activities set out in Article 3 for the purposes of any measures setting out sustainability requirements on market actors in respect of financial products or corporate bonds that are marketed as ‘environmentally sustainable’.

2.  Financial market participants offering financial products or corporate bonds shall disclose the relevant information allowing them to establish whether the products they offer qualify as environmentally sustainable investments, or as investments having similar characteristics, shall disclose information on how and to what extent the criteria for environmentally sustainable economic activities set out in Article 3 are used to determine the environmental sustainability of the investment pursuant to the criteria of Article 3. Where financial market participants consider that an economic activity which does not comply with the technical screening criteria set out in accordance with this Regulation or for which those technical screening criteria have not been established yet, should be considered environmentally sustainable, they may shall inform the Commission. The Commission shall, if appropriate, notify the Platform on sustainable Finance referred to in Article 15 of such requests by the financial market participants. Financial market participants shall not offer financial products as environmentally sustainable investments, or as investments having similar characteristics, if those products do not qualify as environmentally sustainable.

2a.   Member States, in close cooperation with the relevant ESA, shall monitor the information referred to in paragraph 2. Financial market participants shall report it to the relevant national competent authority which shall communicate it to the relevant ESA without delay. Whenever the relevant national competent authority or the relevant ESA disagree with the information reported as referred to in paragraphs 2 and 2a, financial market participants shall review and correct the information disclosed.

2b.  The disclosure of information referred to in Article 4 shall be consistent with the principles of fair, clear and none misleading information included in Directive (EU) 2014/65/EU and in Directive (EU) 2016/97 and intervention powers referred to in Article 4 paragraph 2c consistent with those included in Regulation No 600/2014.

2c.  No disclosure requirements under the [PO please insert reference to Regulation on disclosures relating to sustainable investments and sustainability risks and amending Directive (EU) 2016/2341] shall be required in this Regulation;

2d.  Small and non-complex undertakings referred to in Article 2.2b and 2.2c shall be subject to simplified provisions.

3.  The Commission shall adopt delegated acts in accordance with Article 16 to supplement paragraph 2, 2a and 2b to specify the information required to comply with that paragraph these paragraphs, including a list of investments having similar characteristics as sustainable investments and the relevant qualification thresholds for the purpose of paragraph 2, taking into account the availability of relevant information and the technical screening criteria set out in accordance with this Regulation. That information shall enable investors to identify:

(a)  the percentage of holdings pertaining to in different companies carrying out environmentally sustainable economic activities;

(b)  the share of the investment funding environmentally sustainable economic activities as a percentage of all economic activities.

(ba)  the relevant definitions of small and non-complex undertakings referred to in Article 2 b as well the simplified provisions that apply to these entities.

3a.  Financial market participants shall publish the information referred to in points (a) and (b) of paragraph 3.

4.  The Commission shall adopt the delegated act in accordance with paragraph 3 by 31 December 2019 with a view to ensure its entry into application on 1 July 2020. The Commission may amend that delegated act, in particular in the light of amendments to the delegated acts adopted in accordance with Article 6(2), Article 7(2), Article 8(2), Article 9(2), Article 10(2) and Article 11(2). [Am. 39]

Article 4a

Market monitoring

1.  In accordance with Article 9(2) of Regulation (EU) No 1093/2010, Regulation (EU) No 1094/2010, Regulation (EU) No 1095/2010, the relevant ESA shall monitor the market for financial products referred to in Article 1 of this Regulation, which are marketed, distributed or sold in the Union.

2.  Competent authorities shall monitor the market for financial products which are marketed, distributed or sold in or from their Member State.

3.  In accordance with Article 9(5) of Regulations (EU) No 1093/2010, No 1094/2010, No 1095/2010, the relevant ESA may, where there is a breach of this Regulation by the entities referred to in Article 1, temporarily prohibit or restrict in the Union the marketing, distribution or sale of the financial products referred to in Article 1;

A prohibition or restriction referred to in Art 3 may apply in circumstances, or be subject to exceptions, specified by the relevant ESA.

4.  When taking action under this Article, the relevant ESA shall ensure that the action:

(a)  does not have a detrimental effect on the efficiency of financial markets or on investors that is disproportionate to the benefits of the action, and

(b)  does not create a risk of regulatory arbitrage;

Where a competent authority or competent authorities have taken a measure under this Article, the relevant ESA may take any of the measures referred to in paragraph 1.

5.  Before deciding to take any action under this Article, the relevant ESA shall notify competent authorities of the action it proposes.

6.  The relevant ESA shall review a prohibition or restriction imposed under paragraph 1 at appropriate intervals and at least every three months. If the prohibition or restriction is not renewed after that three-month period it shall expire.

7.  Action adopted by the relevant ESA under this Article shall prevail over any previous action taken by a competent authority. [Am. 40]

Article 5

Environmental Sustainability objectives

1.  For the purposes of this Regulation, the following shall be environmental objectives:

(1)  climate change mitigation;

(2)  climate change adaptation;

(3)  sustainable use and protection of water and marine resources;

(4)  transition to a circular economy, including waste prevention and recycling and increasing the uptake of secondary raw materials;

(5)  pollution prevention and control;

(6)  protection of biodiversity and healthy ecosystems, and restoration of degraded ecosystems.

1a.  The objectives set out in the first paragraph shall be measured by harmonised indicators, life cycle analysis and scientific criteria, and be fulfilled ensuring they are up to scale to the upcoming environmental challenges. [Am. 41]

Article 6

Substantial contribution to climate change mitigation

1.  An economic activity shall be considered to contribute substantially to climate change mitigation where that activity substantially contributes to the stabilization of greenhouse gas concentrations in the atmosphere at a level which prevents dangerous anthropogenic interference with the climate system by avoiding or reducing greenhouse gas emissions or enhancing greenhouse gas removals through any of the following means, including through process or product innovation:

(a)  generating, storing, distributing or using renewable energy or climate-neutral energy (including carbon-neutral energy) in line with the Renewable Energy Directive, including through using innovative technology with a potential for significant future savings or through necessary reinforcement of the grid;

(b)  improving energy efficiency in all sectors, except energy generation using solid fossil fuels, and at all stages of the energy chain, in order to reduce primary and final energy consumption;

(c)  increasing clean or climate-neutral mobility;

(d)  switching to or increasing the use of environmentally sustainable renewable materials based on a full life cycle assessment and substituting particularly fossil-based materials, which delivers near term greenhouse gas emissions savings;

(e)  increasing the use of environmentally safe carbon capture and utilisation (CCU) and carbon capture and storage use (CCS) technologies that deliver a net reduction in emissions;

(f)  phasing out anthropogenic emissions of greenhouse gases, including from fossil fuels;

(fa)  increasing the removal of CO2 from the atmosphere and its storage in natural ecosystems, for example through afforestation, the restoration of forests and regenerative agriculture;

(g)  establishing energy infrastructure required for enabling decarbonisation of energy systems;

(h)  producing clean and efficient fuels from renewable or carbon-neutral sources.

2.  The Commission shall adopt delegated acts in accordance with Article 16 to:

(a)  supplement paragraph 1 to establish technical screening criteria based on indicators for determining under which conditions a specific economic activity is considered, for the purposes of this Regulation, to contribute substantially to climate change mitigation. Those technical screening criteria shall include thresholds for mitigation activities in line with the objective to limit global warming to well below 2°C and pursuing efforts to limit it to 1.5°C above pre-industrial levels, as laid down the Paris Agreement;

(b)  supplement Article 12 to establish technical screening criteria based on indicators, for each relevant environmental objective, for determining whether an economic activity in respect of which screening criteria based on indicators are established pursuant to point (a) of this paragraph is considered, for the purposes of this Regulation, to cause significant harm to one or more of those objectives.

3.  The Commission shall establish the technical screening criteria based on indicators referred to in paragraph 2 in one delegated act, taking into account the requirements laid down in Article 14.

4.  The Commission shall adopt the delegated act referred to in paragraph 2 by 31 December 2019, with a view to ensure its entry into application on 1 July 2020. [Am. 42, 66 and 99]

Article 7

Substantial contribution to climate change adaptation

1.  An economic activity shall be considered to contribute substantially to climate change adaptation where that activity contributes substantially to reducing the negative effects of the current and expected future climate or preventing an increase or shifting of negative effects of climate change, through the following means:

(a)  preventing or reducing the location- and context-specific negative effects of climate change, which shall be assessed and prioritised using available climate projections, on the economic activity;

(b)  preventing or reducing the negative effects that climate change may pose to the natural and built environment within which the economic activity takes place, which shall be assessed and prioritised using available climate projections and studies on the human impact on climate change.

2.  The Commission shall adopt a delegated act in accordance with Article 16 to:

(a)  supplement paragraph 1 to establish technical screening criteria based on indicators for determining under which conditions a specific economic activity is considered, for the purposes of this Regulation, to contribute substantially to climate change adaptation;

(b)  supplement Article 12 to establish technical screening criteria based on indicators, for each relevant environmental objective, for determining whether an economic activity in respect of which screening criteria based on indicators are established pursuant to point (a) of this paragraph is considered, for the purposes of this Regulation, to cause significant harm to one or more of those objectives.

3.  The Commission shall establish the technical screening criteria based on indicators referred to in paragraph 2 together in one delegated act, taking into account the requirements laid down in Article 14.

4.  The Commission shall adopt the delegated act referred to in paragraph 2 by 31 December 2019, with a view to ensure its entry into application on 1 July 2020. [Am. 43]

Article 8

Substantial contribution to sustainable use and protection of water and marine resources

1.  An economic activity shall be considered to be contributing substantially to sustainable use and protection of water bodies and marine resources waters where that activity substantially contributes to the good status of waters, including freshwater, transitional inland surface waters, estuaries and coastal waters, or to the good environmental status of marine waters, where that activity takes adequate measures to restore, protect or maintain the biological diversity, productivity, resilience, value and the overall health of marine ecosystem, as well of the livelihoods of communities dependent upon them, through any of the following means:

(a)  protecting the aquatic environment, including bathing water (riparian and sea water), from the adverse effects of urban and industrial waste water discharges, including plastics, by ensuring adequate collection and treatment of urban and industrial waste waters in accordance with Articles 3, 4, 5 and 11 of Council Directive 91/271/EEC(41) or in accordance with the best available technique set out in the Directive 2010/75/EU;

(aa)  protecting the aquatic environment from the adverse effects of at sea emissions and discharges in accordance with IMO based conventions such as MARPOL, as well as conventions not covered under MARPOL such as the Ballast Water Management Convention and the Regional Seas Conventions;

(b)  protecting human health from the adverse effects of any contamination of drinking water by ensuring that it is free from any micro-organisms, parasites and a substances that constitute a potential danger to human health, and verifying that it meets the minimum requirements set out in Annex I, Parts A and B, to Council Directive 98/83/EC(42), and increasing citizens' access to clean drinking water;

(c)  abstracting water in keeping with the objective of good quantitative status as defined in table 2.1.2 in Annex V to Directive 2000/60/EC;

(d)  improving water management and efficiency, facilitating water reuse, systems of rainwater management or any other activity that protects or improves quality and quantity of the Union’s water bodies in accordance with Directive 2000/60/EC;

(e)  ensuring the sustainable use of marine ecosystem services or contributing to good environmental status of marine waters, as determined on the basis of the qualitative descriptors set out in Annex I to Directive 2008/56/EC and as further specified in Commission Decision (EU) 2017/848(43).

2.  The Commission shall adopt a delegated act in accordance with Article 16 to:

(a)  supplement paragraph 1 to establish technical screening criteria based on indicators for determining under which conditions a specific economic activity is considered, for the purposes of this Regulation, to contribute substantially to sustainable use and protection of water and marine resources;

(b)  supplement Article 12 to establish technical screening criteria based on indicators, for each relevant environmental objective, for determining whether an economic activity in respect of which screening criteria based on indicators are established pursuant to point (a) of this paragraph is considered, for the purposes of this Regulation, to cause significant harm to one or more of those objectives.

3.  The Commission shall establish the technical screening criteria referred to in paragraph 2 together in one delegated, and taking into account the requirements laid down in Article 14.

4.  The Commission shall adopt the delegated act referred to in paragraph 2 by 1 July 2022, with a view to ensure its entry into application on 31 December 2022. [Am. 44]

Article 9

Substantial contribution to the circular economy, and including waste prevention and recycling increasing the uptake of secondary raw materials

1.  An economic activity shall be considered to contribute substantially to the transition to a circular economy, and including waste prevention re-use and recycling, covering the entire life cycle of a product or economic activity in different stages of production, consumption and end of use, where that activity, in line with the EU acquis, contributes substantially to that environmental objective through any of the following means:

(a)  improving the efficient use of raw materials and resources in production, including through reducing the use of primary raw materials and increasing the use of by-products and secondary raw materials, thus supporting end of waste operations;

(b)  designing, manufacturing and increasing the durability, reparability, upgradability or reusability use of products that are resource-efficient, durable (including in terms of life span and absence of planned obsolescence), repairable, re-usable and upgradable;

(c)  designing out of waste products and increasing the reusability and recyclability of products, including of individual materials contained in products, inter alia through substitution or reduced use of products and materials that are not recyclable;

(d)  reducing the content of hazardous substances and substituting substances of very high concern in materials and products, in line with the harmonised legal requirements laid down at Union level, particularly, with the provisions laid down by EU legislation ensuring safe management of substances, materials and products and waste;

(e)  prolonging the use of products including through increasing reuse, remanufacturing, upgrading, repair and sharing of products by consumers;

(f)  increasing the use of secondary raw materials and their quality, including through high-quality recycling of waste;

(g)  reducing waste generation including waste generation in processes related to industrial production, extraction of minerals, manufacturing, construction and demolition;

(h)  increasing preparing for re-use and recycling of waste in accordance with the waste hierarchy;

(ha)   increasing the development of waste management infrastructure needed for prevention, re-use and recycling;

(i)  avoiding incineration, and disposal and landfilling of waste in line with the waste hierarchy;

(j)  avoiding, reducing and cleaning-up of litter and other pollution including prevention and reduction of marine litter, caused by improper waste management;

(ja)   reducing the generation of food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households;

(k)  using natural energy resources, raw materials, water and land efficiently.

(ka)  fostering bio-economy through the sustainable use of renewable sources for the production of materials and commodities.

2.  The Commission shall adopt a delegated act in accordance with Article 16 to:

(a)  supplement paragraph 1 to establish technical screening criteria, based on the Commission's circular economy indicators, for determining under which conditions a specific economic activity is considered, for the purposes of this Regulation, to contribute substantially to the circular economy and waste prevention and recycling;

(b)  supplement Article 12 to establish technical screening criteria, based on the Commission's circular economy indicators, for each relevant environmental objective, for determining whether an economic activity in respect of which screening criteria are established pursuant to point (a) of this paragraph is considered, for the purposes of this Regulation, to cause significant harm to one or more of those objectives.

3.  The Commission shall establish the technical screening criteria based on the Commission's circular economy indicators referred to in paragraph 2 together in one delegated act, taking into account the requirements laid down in Article 14.

4.  The Commission shall adopt the delegated act referred to in paragraph 2 by 1 July 2021, with a view to ensure its entry into application on 31 December 2021. [Am. 45]

Article 10

Substantial contribution to pollution prevention and control

1.  An economic activity shall be considered to contribute substantially to pollution prevention and control where that activity contributes to a high level of substantially to environmental protection from pollution through any of the following means:

(a)  reducing air, water and soil pollutant emissions other than greenhouse gasses;

(b)  improving levels of air, water or soil quality in the areas in which the economic activity takes place whilst minimizing negative impacts on, and risks to, human health and the environment;

(c)  minimising significant adverse effects on human health and the environment of the production and use of chemicals.

2.  The Commission shall adopt a delegated act in accordance with Article 16 to:

(a)  supplement paragraph 1 to establish technical screening criteria based on indicators for determining under which conditions a specific economic activity is considered, for the purposes of this Regulation, to contribute substantially to pollution prevention and control;

(b)  supplement Article 12 to establish technical screening criteria based on indicators, for each relevant environmental objective, for determining whether an economic activity in respect of which screening criteria are established pursuant to point (a) of this paragraph is considered, for the purposes of this Regulation, to cause significant harm to one or more of those objectives.

3.  The Commission shall establish the technical screening criteria referred to in paragraph 2 together in one delegated act, taking into account the requirements laid down in Article 14.

4.  The Commission shall adopt the delegated act referred to in paragraph 2 by 1 July 2021, with a view to ensure its entry into application on 31 December 2021. [Am. 46]

Article 11

Substantial contribution to protection of biodiversity and healthy ecosystems or to restoration of degraded ecosystems

1.  For the purposes of this Regulation, an economic activity shall be considered to contribute substantially to biodiversity and healthy ecosystems or the restoration of degraded healthy ecosystems where that activity contributes substantially to protecting, conserving and enhancing or restoring biodiversity and ecosystem services in line with the relevant legislative and non-legislative Union instruments, through any of the following means:

(a)  nature conservation measures to maintain or restore natural (habitats, and species); protecting, restoring and enhancing of wild fauna and flora at favourable conservation status to reach adequate populations of naturally occurring species and measures to protect, restore and enhance the condition of ecosystems and their capacity to provide services;

(b)  sustainable land management, including adequate protection of soil biodiversity; land degradation neutrality; and the remediation of contaminated sites;

(c)  sustainable agricultural practices, including those that contribute to halting or preventing deforestation and habitat loss;

(d)  sustainable forest management, taking into account the EU Timber Regulation, the EU LULUCF Regulation, the EU Renewable Energy Directive (RED) and applicable national legislation, that is in line with these and the conclusions from the Ministerial Conference on the Protection of Forests in Europe (MCPFE).

2.  The Commission shall adopt a delegated act in accordance with Article 16 to:

(a)  supplement paragraph 1 to establish technical screening criteria based on indicators for determining under which conditions a specific economic activity is considered, for the purposes of this Regulation, to contribute substantially to the protection of biodiversity and healthy ecosystems or restoration of degraded ecosystems;

(b)  supplement Article 12 to establish technical screening criteria based on indicators, for each relevant environmental objective, for determining whether an economic activity in respect of which screening criteria based on indicators are established pursuant to point (a) of this paragraph is considered, for the purposes of this Regulation, to cause significant harm to one or more of those objectives.

3.  The Commission shall establish the technical screening criteria referred to in paragraph 2 together in one delegated act, taking into account the requirements laid down in Article 14.

4.  The Commission shall adopt the delegated act referred to in paragraph 2 by 1 July 2022, with a view to ensure its entry into application on 31 December 2022. [Am. 47]

Article 12

Significant harm to environmental objectives

1.  For the purposes of Article 3(b), taking into account its full life cycle, an economic activity shall be considered as significantly harming:

(a)  climate change mitigation, where that activity leads to significant greenhouse gas emissions;

(b)  climate change adaptation, where that activity leads to increased negative effect of current and expected climate, for and beyond the natural and built environment within which that activity takes place;

(c)  sustainable use and protection of water and marine resources, where that activity is detrimental to a significant extent to good status of Union waters, including freshwater, transitional waters and coastal waters, or to good environmental status of marine waters of the Union, in line with Directives 2000/60/EC and 2008/56/EC establishing a framework for Community action in the field of water policy;

(d)  circular economy and waste prevention and recycling, where that activity leads to significant inefficiencies in the use of materials in one or more and resources, such as non-renewable energy, raw materials, water and land, directly or indirectly in different stages of the life-cycle of products, including inefficiencies related to features designed to limit the lifetime of products and including in terms of durability, reparability, upgradability, reusability or recyclability of products; or where that activity leads to a significant increase in the generation, incineration or disposal of waste;

(e)  pollution prevention and control where that activity leads to significant increase in emissions of pollutants to air, water and land, as compared to the situation before this activity started;

(f)  healthy ecosystems, where that activity is detrimental to a significant extent to the good condition and resilience of ecosystems, including biodiversity and land use.

1a.   When assessing an economic activity against the criteria (a) to (f), the environmental impacts of the activity itself, as well as of the products and services provided by that activity throughout their entire life cycle and, if necessary, throughout the value chain, shall be taken into consideration. [Ams. 48 and 101]

Article 13

Minimum safeguards

The minimum safeguards referred to in Article 3(c) shall be procedures implemented by the undertaking that is carrying out an economic activity to ensure that the observation of the OECD Guidelines for Multinational Enterprises and UN Guiding Principles on Business and Human Rights, including the principles and rights set out in the eight fundamental conventions identified in the International Labour Organisation’s declaration on Fundamental Rights and Principles at Work, namely: the right not to be subjected to forced labour, the freedom of association, workers' right to organise, the right to collective bargaining, equal remuneration for men and women workers for work of equal value, non-discrimination in opportunity and treatment with respect to employment and occupation, as well as the right not to be subjected to child labour, are observed and the International Bill of Human Rights.

By 31 December 2021, the Commission shall conduct an impact assessment on the consequences and appropriateness of revising this Regulation to include compliance with other minimum safeguards that the undertaking that is carrying out an economic activity has to observe in order to establish that economic activity as environmentally sustainable.

The Commission shall be empowered to supplement this article by a delegated act specifying the criteria to determine whether the requirements of this Article are adhered to. When drawing up the delegated act referred to in this Article, the Commission shall consider the principles listed in paragraph 1 and 2. The Commission shall adopt that delegated act by 31 December 2020. [Ams. 49, 70, 72 and 93]

Article 14

Requirements for technical screening criteria

1.  The technical screening criteria adopted in accordance with Articles 6(2), 7(2), 8(2), 9(2), 10(2) and 11(2) shall:

(-a)  be based on harmonised indicators that measure environmental impact using a harmonised life cycle assessment;

(a)  identify the most relevant potential contributions to the given environmental objective, considering not only the short-term but also the longer term impacts of a specific economic activity;

(b)  specify the minimum requirements that need to be met to avoid significant harm to any of the relevant environmental objectives;

(c)  be qualitative or quantitative, or both, and contain thresholds where possible;

(d)  where appropriate, build upon Union labelling and certification schemes, Union methodologies for assessing environmental footprint, and Union statistical classification systems, and take into account any relevant existing Union legislation; acknowledging the competence of the Member States;

(e)  be based on conclusive scientific evidence and take into account, where relevant, and adhere the precautionary principle enshrined in article 191 TFEU;

(f)  take into account the environmental impacts of the economic activity itself, as well as of the products and services provided by that economic activity throughout their entire life cycle and, if necessary, throughout the value chain, notably by considering their production from the processing of raw materials to the final product, use, end-of-life and recycling;

(fa)   take into account the cost of non-action, based on the Sendai Framework for Disaster Risk Reduction 2015-2030;

(g)  take into account the nature and the scale of the economic activity, and taking into account if an activity is in transition to a sustainable configuration and/or operation, through research and innovation projects, specific timelines and pathways of this transition;

(h)  take into account the potential impact on liquidity in the market, the risk of certain assets becoming stranded as a result of losing value due to the transition to a more sustainable economy, as well as the risk of creating inconsistent incentives;

(ha)   are easy to apply and avoid unnecessary administrative burden from a compliance perspective;

(i)  cover all relevant economic activities within a specific an economic macro-sector and ensure that those activities are treated equally in terms of their sustainability risks if they contribute equally towards one or more environmental objectives and do not harm significantly any of the other environmental objectives under Articles 3 and 12, to avoid distorting competition in the market;

(j)  be set as to facilitate the verification of compliance with those criteria whenever possible.

2.  The technical screening criteria referred to in paragraph 1 shall also include criteria based on indicators for activities related to the clean energy transition towards net-zero greenhouse gas emissions, in particular energy efficiency and renewable energy, to the extent that those are substantially contributing to any of the environmental objectives.

2a.  The technical screening criteria referred to in paragraph 1 shall ensure that power generation activities that use solid fossil fuels are not considered environmentally sustainable economic activities.

2b.  That technical screening criteria shall ensure that economic activities that contribute to carbon intensive lock-in effects are not considered environmentally sustainable economic activities.

2c.   The technical screening criteria shall ensure that power generation activities that produce non-renewable waste are not considered environmentally sustainable economic activities.

3.  The technical screening criteria referred to in paragraph 1 shall also include criteria for activities related to the switch to clean or climate-neutral mobility, including through modal shift, efficiency measures and alternative fuels, to the extent that those are substantially contributing to any of the environmental objectives.

3a.  If the major part of the undertakings that conduct a specific economic activity are evidently engaged in a trajectory towards transforming this activity sustainable, the screening criteria may take this into account. Such a trajectory can be demonstrated through sustained research and development efforts, large investment projects in new and more sustainable technologies, or concrete transition plans in at least the early stages of implementation.

4.  The Commission shall regularly review the screening criteria referred to in paragraph 1 and, if appropriate, amend the delegated acts adopted in accordance with this Regulation in line with scientific and technological developments. [Ams. 50, 73, 74, 75 and 104]

Article 15

Platform on Sustainable Finance

1.  The Commission shall establish a Platform on sustainable finance whose composition shall ensure balance, a wide range of views, and gender equality. It shall be composed, in balanced manner, of representatives from the following groups:

(a)  representatives of the following:

(i)  the European Environment Agency;

(ii)  the European Supervisory Authorities;

(iii)  the European Investment Bank and the European Investment Fund;

(iiia)   the European Union Agency for Fundamental Rights;

(iiib)   the European Financial Reporting Advisory Group (EFRAG);

(b)  experts representing relevant private stakeholders, including the financial and non-financial market actors and business sectors, representing relevant industries;

(ba)   experts representing civil society, including with expertise in the field of environmental, social, labour and governance issues;

(c)  experts appointed in a personal capacity, with proven knowledge and experience in the areas covered by this Regulation representing academia, including universities, research institutes and think tanks, including with global expertise.

1a.   Experts referred to in points (b) and (c) shall be appointed in accordance with Article 237 of the Financial Regulation, and shall possess proven knowledge and experience in the areas covered by this Regulation, especially sustainability in the financial sector.

1b.   The Europan Parliament and the Council shall be duly informed in a timely manner of the selection procedure of experts for the Platform.

2.  The Platform on Sustainable Finance shall:

(-a)   advise the Commission on the establishment of harmonised indicators referred to in Article 14, paragraph 1(-a) and the possible need to update them; in so doing it shall draw on the work of relevant Union entities and intiatives, notably the Circular Economy Monitoring Framework.

(a)  advise the Commission on the technical screening criteria referred to in Article 14, and the possible need to update those criteria;

(b)  analyse the impact of the technical screening criteria based on data and scientific research whenever available in terms of potential costs and benefits of their application;

(c)  assist the Commission to analyse requests from stakeholders to develop or revise technical screening criteria for a given economic activity based on data and scientific research whenever available; the conclusions of these analyses shall be published on the Commission's website in a timely manner;

(d)  upon request from the Commission or the European Parliament, advise the Commission or the European Parliament on the suitability of the technical screening criteria for possible further uses;

(da)   advise, in cooperation with EFRAG, the Commission on the development of sustainability accounting standards and integrated reporting standards for corporates and financial market participants, including through the revision of the Directive 2013/34/EU;

(e)  monitor and report regularly to the Commission on EU and Member State level trends regarding capital flows from economic activities with a negative impact on environmental sustainability towards sustainable investment based on data and scientific research whenever available;

(f)  advise the Commission on the possible need to amend this Regulation., particularly in regard to data relevance and quality, and ways to reduce the administrative burden;

(fa)   contribute to the evaluation and development of sustainable finance regulations and policies, including policy coherence issues;

(fb)  assist the Commission in defining possible social objectives.

2a.   The Platform shall duly consider appropriate data and relevant scientific research in the discharge of these tasks. It may conduct public consultations in order to gather stakeholder views on specific matters within its mandate.

3.  The Platform on Sustainable Finance shall be chaired by the Commission and constituted in accordance with the Commission’s horizontal rules for expert groups. The Commission shall publish the analyses, deliberations, reports and minutes of the Platform on its website. [Am. 51]

Article 16

Exercise of the delegation

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

2.  The power to adopt delegated acts referred to in Articles 4(3), 6(2), 7(2), 8(2), 9(2), 10(2) and 11(2) shall be conferred on the Commission for an indeterminate period from [Date of entry into force of this Regulation].

3.  The delegation of powers referred to in paragraph 2 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.  Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. As part of the preparation of the delegated acts, the Commission shall carry out appropriate consultations and assessments of the proposed policy options.

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

6.  A delegated act adopted pursuant to Articles 4(3), 6(2), 7(2), 8(2), 9(2), 10(2) and 11(2), 12 (2) and 13(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. [Am. 52]

Chapter III

Final provisions

Article 17

Review clause

1.  By 31 December 2021, and subsequently every three years thereafter, the Commission shall publish a report on the application and impact of this Regulation. That report shall evaluate the following:

(a)  the progress on the implementation of this Regulation with regard to the development of technical screening criteria based on indicators for environmentally sustainable economic activities;

(b)  the possible need to revise the criteria and the list of indicators set out in this Regulation for considering an economic activity environmentally sustainable to facilitate innovation and the sustainable transition;

(c)  the appropriateness of extending the scope of this Regulation to cover other sustainability objectives, in particular social objectives;

(d)  the use of the definition of environmentally sustainable investment and investments with negative environmental impact in Union law, and at Member State level, including the appropriateness of reviewing or setting up additional verification mechanism of compliance with the criteria based on indicators set out in this Regulation.

(da)   the effectiveness of the taxonomy in channelling private investments into sustainable activities.

1a.  By 31 December 2021, and subsequently every three years thereafter, the Commission shall review the scope of this Regulation if it creates excessive administrative burden or if the necessary data for financial market participants is insufficiently available.

2.  The report reports shall be sent to the European Parliament and to the Council. The Commission shall make accompanying legislative proposals where appropriate. [Ams. 53 and 105]

Article 18

Entry into force and application

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

2.  Articles 3 to 13 of this Regulation shall apply:

(a)  in respect of the environmental objectives referred to in points (1) and (2) of Article 5, from 1 July 2020;

(b)  in respect of the environmental objectives referred to in points (4) and (5) of Article 5, from 31 December 2021;

(c)  in respect of the environmental objectives referred to in points (3) and (6) of Article 5, from 31 December 2022.

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 62, 15.2.2019, p. 103.
(2)OJ C 86, 7.3.2019, p. 24.
(3) OJ C 62, 15.2.2019, p. 103.
(4)OJ C 86, 7.3.2019, p. 24.
(5) European Parliament position of 28 March 2019.
(6) Transforming our World: The 2030 Agenda for Sustainable Development (UN 2015) available at https://sustainabledevelopment.un.org/post2015/transformingourworld.
(7) COM(2016)0739.
(8) CO EUR 17, CONCL 5.
(9) Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (OJ L 282, 19.10.2016, p. 4).
(10) EU High-Level Expert Group on Sustainable Finance Final Report, Financing a Sustainable European Economy, available at: https://ec.europa.eu/info/sites/info/files/180131-sustainable-finance-final-report_en.pdf.
(11) COM(2018)0097.
(12) Decision No. 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’ (OJ L 354 28.12.2013, p.171).
(13) Regulation (EU) 2017/2396 of the European Parliament and of the Council of 13 December 2017 amending Regulations (EU) No 1316/2013 and (EU) 2015/1017 as regards the extension of the duration of the European Fund for Strategic Investments as well as the introduction of technical enhancements for that Fund and the European Investment Advisory Hub (OJ L 345, 27.12.2017, p. 34).
(14) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 020, 26.1.2010, p. 7).
(15) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
(16) Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35).
(17) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - Our life insurance, our natural capital: an EU biodiversity strategy to 2020 (COM(2011)0244).
(18) Council Directive 91/676 of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1).
(19) Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union (OJ L 150, 20.5.2014, p. 59).
(20) Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23).
(21) Communication from the Commission to the Council and the European Parliament - Forest Law Enforcement, Governance and Trade (FLEGT) - Proposal for an EU Action Plan (COM(2003)0251).
(22) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions - EU Action Plan against Wildlife Trafficking (COM(2016)0087).
(23) Regulation (EC) 66/2010 of the European Parliament and the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).
(24) Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC (OJ L 342, 22.12.2009, p. 1).
(25) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Public procurement for a better environment {SEC(2008)2124} {SEC(2008)2125} {SEC(2008)2126} COM(2008)0400.
(26) 2013/179/EU: Commission Recommendation of 9 April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 124, 4.5.2013, p. 1).
(27) Annex 4 and 5 of Regulation (EU) No 538/2014 of the European Parliament and of the Council of 16 April 2014 amending Regulation (EU) No 691/2011 on European environmental economic accounts (OJ L 158, 27.5.2014, p.113).
(28) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p. 30).
(29) Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).
(30) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1).
(31) 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).
(32) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
(33) https://www.unpri.org/download?ac=6303.
(34) COM(2018)0097.
(35) Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC (OJ L 345, 31.12.2003, p. 64).
(36) Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12).
(37) Regulation (EU) No 525/2013 of the European Parliament and of the Council on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision 280/2004/EC (OJ L 165, 18.6.2013, p. 13).
(38) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
(39) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164, 25.6.2008, p. 19).
(40) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p.1).
(41) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment (OJ L 135, 30.5.1991, p. 40).
(42) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption (OJ L 330, 5.12.1998, p. 32).
(43) Commission Decision (EU) 2017/848 of 17 May 2017 laying down criteria and methodological standards on good environmental status of marine waters and specifications and standardised methods for monitoring and assessment, and repealing Decision 2010/477/EU (OJ L 125, 18.5.2017, p. 43).


Estimates of revenue and expenditure for the financial year 2020 – Section I – European Parliament
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European Parliament resolution of 28 March 2019 on Parliament’s estimates of revenue and expenditure for the financial year 2020 (2019/2003(BUD))
P8_TA(2019)0326A8-0182/2019

The European Parliament,

–  having regard to Article 314 of the Treaty on the Functioning of the European Union,

–  having regard to Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU, and repealing Regulation (EU, Euratom) No 966/2012 (1),

–  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),

–  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),

–  having regard to Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union(4),

–  having regard to its resolution of 26 October 2017 on combatting sexual harassment and abuse in the EU(5),

–  having regard to its resolution of 19 April 2018 on Parliament's estimates of revenue and expenditure for the financial year 2019(6),

–  having regard to its resolution of 11 September 2018 on measures to prevent and combat mobbing and sexual harassment at the workplace, in public spaces, and in political life in the EU(7),

–  having regard to its resolution of 24 October 2018 on the Council position on the draft general budget of the European Union for the financial year 2019(8),

–  having regard to its resolution of 12 December 2018 on the Council position on the second draft general budget of the European Union for the financial year 2019(9),

–  having regard to its resolution of 15 January 2019 on gender mainstreaming in the European Parliament(10),

–  having regard to the Secretary-General's report to the Bureau on drawing up Parliament's preliminary draft estimates for the financial year 2020,

–  having regard to the preliminary draft estimates drawn up by the Bureau on 25 March 2019 pursuant to Rules 25(7) and 96(1) of Parliament's Rules of Procedure,

–  having regard to the draft estimates drawn up by the Committee on Budgets pursuant to Rule 96(2) of Parliament's Rules of Procedure,

–  having regard to Rule 96 of its Rules of Procedure,

–  having regard to the report of the Committee on Budgets (A8-0182/2019),

A.  whereas this procedure is the fifth full budgetary procedure conducted in the new legislature and the seventh year of the 2014-2020 multiannual financial framework;

B.  whereas the 2020 budget, as proposed in the Secretary-General’s report, is being prepared against the backdrop of a yearly increase (inflation and real increase) in the ceiling for heading V, allowing more room for growth and investment as well as continuing to implement policies of achieving savings and seeking to improve efficiency;

C.  whereas among the priority objectives that have been proposed by the Secretary-General for the 2020 budget there are: providing the necessary resources for the first full year after the election of a new Parliament and Commission and providing the resources for priority projects on engaging with citizens, multiannual building projects, security and IT developments;

D.  whereas a budget of EUR 2 068 530 000 has been proposed by the Secretary-General for Parliament's preliminary draft estimates for 2020, representing an overall increase of 3,58 % on the 2019 budget and a share of 18,38 % of heading V of the 2014-2020 MFF;

E.  whereas almost two thirds of the budget is index-bound expenditure, which relates mainly to remunerations, pensions, medical expenses and allowances for serving and retired Members (21 %) and staff (35 %), as well as to buildings (13 %), and which is adjusted according to the Staff Regulations and Statute for Members, to sector-specific indexation, or to the inflation rate;

F.  whereas Parliament already stressed in its resolution of 29 April 2015 on Parliament's estimates of revenue and expenditure for the financial year 2016(11) that its budget should be set on a realistic basis and should be in line with the principles of budgetary discipline and sound financial management; notes that lump sums are a useful and widely recognised tool to add flexibility and transparency;

G.  whereas Parliament’s budget should guarantee its full legislative competence and allow its proper functioning;

H.  whereas the credibility of Parliament as one arm of the budgetary authority depends to an extent on its ability to manage its own spending and on its ability to develop democracy at the Union level;

I.  whereas 2020 will be the first full year after the elections and there will therefore be a return to the normal pace of core political and support activities;

J.  whereas the voluntary pension fund was established in 1990 by the Bureau's Rules governing the additional (voluntary) pension scheme(12);

K.  whereas the Court of Auditors issued an opinion No 5/99 on 16 June 1999 entitled “Pension Fund and Scheme for Members of the European Parliament”;

General framework

1.  Stresses that the share of Parliament’s budget in 2020 should be maintained under 20 % of the heading V ceiling; notes that the level of estimates for 2020 corresponds to 18,22 %, which is lower than that achieved in 2019 (18,51 %) and the lowest part of heading V in more than 15 years;

2.  Emphasises that the largest part of Parliament's budget is fixed by statutory or contractual obligations and is subject to annual indexation;

3.  Demands that the Secretary General and the Bureau, as a matter of principle, present to the BUDG committee the next EP estimates closer to, if not at the level of, the inflation rate as forecasted by the European Commission;

4.  Endorses the agreement reached in the conciliation between the Bureau and the Committee on Budgets on 19 March 2019 to set the increase over the budget 2019 at 2,68 %, corresponding to the overall level of its estimates for 2020 to EUR 2 050 430 000, to decrease the level of expenditure of the preliminary draft estimates approved by the Bureau on 11 March 2019 by EUR 18,1 million and to reduce accordingly the appropriations proposed on the following budget lines: 1004 - Ordinary travel expenses; 1200 - Remuneration and allowances ; 1402 Other staff - Drivers in the Secretariat; 2007 - Construction of buildings and fitting-out of premises; 2022 - Building maintenance, upkeep, operation and cleaning; 2024 – Energy consumption; 2101 - Computing and telecommunications - business-as-usual operations - infrastructure; 212 - Furniture; 214 - Technical equipment and installations; 300 - Expenses for staff missions and duty travel between the three places of work; 302 - Reception and representation expenses; 3040 - Miscellaneous expenditure on internal meetings; 3042 - Meetings, congresses, conferences and delegations; 422 - Expenditure relating to parliamentary assistance ;decides to provide Item 1650 - Medical service with EUR 140 000, Item 320 - Acquisition of expertise with EUR 160 000 and Item 3211 – Science media hub with appropriations amounting to EUR 400 000; welcomes that those changes have been adopted by the Bureau on 25 March 2019;

5.  Recommends that Parliament’s services put in place the modification of the remarks in Item 1650 - “Medical service”, since the additional appropriations of EUR 140 000 are intended to cover expenses related to mediator and psychologist for prevention and fight against psychological and sexual harassment, and in Item 320 - “Acquisition of expertise”, since the additional appropriations of EUR 160 000 are intended to cover expenses related to expertise and experts in the field of prevention, investigation, and fight against psychological and sexual harassment;

6.  Notes that the situation regarding the withdrawal of the United Kingdom from the Union is based on an orderly withdrawal with a deal, on the endorsement of the Brexit withdrawal agreement, and on the approval of the political declaration by the European Council of 25 November 2018, according to which the UK would contribute to the Union budget until 2020; notes that most of the savings resulting from the withdrawal have already been incorporated into the 2019 budget and that for 2020 there would be only a slight decrease in certain expenditure due to having 46 less Members;

7.  Notes that, in the event that the United Kingdom does not withdraw from the Union or withdraws without a deal, the proposed appropriations can be adjusted throughout the budgetary procedure, by the Bureau, the Committee on Budgets or the Plenary;

8.  Underlines that Parliament’s key functions are to co-legislate with Council and to decide on the Union budget, represent citizens and scrutinise the work of other Union institutions;

9.  Highlights Parliament's role in building European political awareness and promoting Union values;

10.  Stresses that savings as compared to the proposal of the Secretary-General are required to bring closer the rise of this proposal to the expected general inflation rate for 2020 and that all efforts to strive for a more efficient and transparent use of public money are strongly encouraged;

Transparency and accuracy

11.  Notes the increased transparency in the preparation of the Secretary-General’s report, such as the provision of additional information on medium- and long-term planning, investments, statutory obligations, administrative expenditure and methodology, as requested by Parliament and the Council;

12.  Demands Parliament’s 2020 budget to be realistic and accurate regarding the matching of needs and their costs, to avoid over-budgeting;

13.  Emphasises that maximum care should be taken to ensure that the overall budgetary and staffing resources at Parliament's disposal are used in the most cost-efficient way possible to enable the institution and its Members to fulfil their ultimate mission on legislation successfully; reiterates that this implies careful planning and organisation of its working methods and, whenever possible, the pooling of functions and structures to avoid unnecessary bureaucracy, functional overlaps and duplication of effort and resources;

Engaging with citizens

14.  Welcomes the inauguration of the Europa Experience centres, that is exhibition spaces, reproducing the successful concept of the Brussels Parlamentarium on a smaller scale; observes that the installation of five new Europa Experience centres is planned in Liaison Offices by 2020;

15.  Notes that the amount budgeted for the installation of five new Europa Experience centres in Liaison Offices covers the exhibition infrastructure itself, managed by DG COMM, but not the exhibition areas; asks for further details on an order of magnitude of the entire expected costs before Parliament's reading of the budget in autumn 2019;

16.  Notes the creation of a series of mobile installations, which would tour Member States to bring the Union closer to citizens;

17.  Demands from the Secretary General a detailed, factual and in-depth report on the added-value of the 51 posts in DG COMM; demands that such report be presented publically in the BUDG committee before the end of July 2019;

Building and Transport policy

18.  Reiterates its call for a transparent decision-making process in the field of buildings policy based on early information, having due regard to Article 266 of the Financial Regulation;

19.  Disagrees with the ongoing practice of the year-end ‘mopping up transfer’ to contribute to current building projects; highlights that such ‘mopping up transfer’ takes place systematically on the same chapters, titles and, often, exactly on the same budgetary lines and wonders whether there is a programmed over-evaluation of these, in order to generate funds for the financing of Parliament’s building policy; considers that the building policy should be financed in a transparent manner from the budgetary lines dedicated to it;

20.  Recommends that the annual budget planning for all buildings earmark an allocation for maintenance and renovation costs corresponding to 3 % of the total new building costs, as part of a regular and anticipatory building policy; underlines the need for a building strategy that ensures cost-effectiveness and highlights potential benefits resulting from the proximity of buildings such as synergies through the sharing of back office functions, office space and room allocations;

21.  Observes that the reception and the occupation of the entire Konrad Adenauer East wing of the new building is foreseen for 2020 and notes that works will commence on the new West wing directly thereafter; notes that expenditure is to be foreseen for the project management in the final stages of the construction, such as significant removal operations, the first furnishing and the security surveillance of the construction site;

22.  Takes note that the rent and maintenance of all existing Luxembourg buildings are still budgeted for the entire year, considering that the removal from existing buildings can only be made gradually; asks the Secretary-General to provide details concerning the gradual removal and to explain why no savings are possible already in 2020;

23.  Asks for further details on preparatory technical works including the relocation of functionalities, such as for those situated in the PHS building, to other buildings; requests to provide the Committee on Budgets with detailed estimations and cost breakdown in this regard before Parliament’s reading of the budget in autumn 2019;

24.  Questions the very high costs of certain proposed developments, namely: the installation of the visitors' seminar rooms in the Atrium building (EUR 8,720 million), the multifunctional space in the Esplanade area (EUR 2,610 million), the creation of a self-service canteen in the SDM building in Strasbourg (EUR 1,9 million); calls on the Secretary-General to provide the Committee on Budgets with any information relating to these decisions before Parliament's reading of the budget in autumn 2019;

25.  Considers that further savings should be achieved as regards the expenditure on furniture for the offices of Members and their assistants, given the complete refurbishment of those offices at the start of the mandate in 2019;

26.  Is concerned by Parliament’s intention to expand its activity and diplomatic presence in Indonesia (Jakarta), Ethiopia(Addis Ababa) and the United States (New York); regrets that despite the absence of a comprehensive cost-benefit analysis and further elaboration on the underlying arguments for the choice of these specific locations, the Bureau agreed with the proposal, as well as with the appointment of the current head of Parliament’s office in Washington D.C. as the new head of office in Jakarta; urges, therefore, the Secretary-General to identify the affected budget lines and to clarify this non-transparent state of affairs through the explanation of the decision-making process regarding these different locations and the appointment of the new head of office in Jakarta; considers, meanwhile, that this decision must be suspended;

27.  Considers that potential savings to Parliament’s budget can be achieved with a single seat; recalls the 2014 ECA analysis which estimated the costs of the geographic dispersion of Parliament to be EUR 114 million per year; recalls furthermore that due to that geographic dispersion results in 78 % of all missions by Parliament staff and that the environmental impact is between 11 000 and 19 000 tonnes of CO2 emissions; calls therefore for a roadmap to a single seat;

Security

28.  Notes that the 2020 budget will include final instalments of substantial investments started back in 2016 with a view to significantly improve Parliament's security; points out that those projects covered various domains, mainly relating to buildings, equipment and staff, but also improvements in the field of cyber-security and communication security;

29.  Underlines that the iPACS project will provide Parliament with modern and integrated security technology in order to remove remaining weaknesses in buildings' security, and in 2020 will be in the fifth and final year of implementation; invites the Secretary-General to summarise in detail all expenses linked to the buildings security from 2016;

30.  Considers that IT tools are important instruments for Members and staff to carry out their work, but may be vulnerable to cyber-attacks; welcomes, therefore, the upgrading in the last two years of the team for cyber-security activities and in particular the fact that, having reached the cruising speed stage and continuing the implementation of its Cyber-security Action Plan, the relevant budget will only increase to cover inflation;

31.  Welcomes the efforts to improve services for Members by investing continuously into the development of IT applications, continuing the e-Parliament program, the research and development on Machine Learning with translation memories program and the multiannual project on technical management for conference rooms; asks for more information on the total amount spent in the last years on those programs; notes the long term gradual implementation of those projects in order to split the costs in different financial years;

Issues related to Members and Accredited Parliamentary Assistants

32.  Asks the Bureau to work on a technical solution to allow Members to exercise their right to vote while benefitting from their maternity, paternity or sickness leave;

33.  Considers that the social and pension rights of Accredited Parliamentary Assistants (APAs) should be respected; in this regard, reiterates its call to find a workable solution for those APAs who, having worked for two parliamentary terms without interruption in the end of the current term, will not be entitled to access the European pension rights scheme when they reach pension age, since they will be lacking some time out of ten years' service needed as set out in the Staff Regulations, due to early elections in 2014 and the delays in the validation of the APAs new contracts because of heavy workload during the period after the elections of 2009; calls, therefore, on the Secretary-General to submit new practical and credible proposals aimed at resolving this problem definitively;

34.  Notes the revision of allowance rates for APAs incurred in respect of their duty travel between Parliament’s three places of work; recalls however its repeatedly adopted request to the Bureau to take action for the full alignment of the allowances rates incurred in respect of duty travel between Parliament's three places of work between officials, others servants and APAs as from the next legislative term;

35.  Welcomes the decision on Members’ trainees taken by the Bureau on 10 December 2018 which will enter into force on 2 July 2019; stresses that a binding minimum remuneration of trainees should guarantee them a decent revenue as is the case for trainees within the EU institutions’ administrations;

36.  Expects Parliament´s translation services to live up to their core function of supporting Union legislation and Members in performing their duties by providing high quality translated documents within the framework of a sustainable strategy for the future;

37.  Reiterates its concern about the additional expenditure on interpretation of the oral explanation of votes during plenary sessions; urges the Secretary-General to present a detailed cost breakdown related to the oral explanation of votes; recalls that alternatives, such as a written explanation of votes as well as various public communication facilities, are available to Members wishing to explain their voting positions or raise issues pertinent to the concerns of their electorate; in that context, considers that in order to achieve significant savings, the oral explanation of votes could be abolished;

38.  Recalls Article 27(1) and (2) of the Statute for Members which states that “the voluntary pension fund set up by Parliament shall be maintained after the entry into force of this Statute for Members or former Members who have already acquired rights or future entitlements in that fund” and that “acquired rights and future entitlements shall be maintained in full”; calls upon the Secretary-General and the Bureau to fully respect the Statute for Members and to urgently establish with the pension fund a clear plan for Parliament assuming and taking over its obligations and responsibilities for its Members’ voluntary pension scheme; reiterates its request for an examination of the voluntary Members´ Pension Fund by the European Court of Auditors and asks to investigate the ways to ensure a sustainable financing of the Voluntary Pension Fund in accordance with the provisions of the Statute for Members while ensuring full transparency;

39.  Reiterates its appeal for transparency regarding the General Expenditure Allowance (GEA) for Members; regrets that the Bureau has failed to introduce more transparency and accountability in this regard; calls for Members to be fully accountable for their spending under this allowance;

Staff-related issues

40.  Believes that, in a period in which the financial and personnel resources available to Union institutions are likely to be increasingly constrained, it is important to identify areas, including but not limited to IT services and security, interpretation and translation services or driver service, in which synergies between the back office functions could be increased using the experience of Parliament and the other Union institutions and taking fully into account the governance difficulties and the differences in terms of scale to build up fair cooperation agreements;

41.  Calls for the introduction of a requirement for Members to have their accounts in relation to the GEA checked by an external accountant at least at the end of a Member’s mandate; calls furthermore for the publication of the expenditure by placing a link to these data on the personal pages of the Members on the website of the European Parliament;

42.  Welcomes the existing cooperation agreements between Parliament, the Committee of the Regions and the European Economic and Social Committee, with a view to identifying other areas in which back office functions could be shared; invites the Secretary-General to evaluate existing cooperation among Union institutions in order to identify further potential synergies and savings;

43.  Upholds the principle of accessibility for all citizens; in line with the requests adopted by the Plenary for international sign language interpretation for all plenary debates, calls on the Secretary-General to analyse its feasibility;

44.  Recalls the recommendations of Parliament’s resolutions of 26 October 2017, 11 September 2018 and 15 January 2019 on combating sexual harassment and abuse in the Union as well as measures to prevent and combat mobbing and sexual harassment; demands support to cover the cost of the external expertise needed to widen the external audit to the “Staff advisory committee for Parliament staff” on harassment prevention; asks for appropriations to cover the full implementation of the reformatory steps for Parliament mentioned in the resolution on combatting harassment, including frequent mandatory anti-harassment trainings for all staff, APAs and Members; furthermore is of the opinion that appropriations are needed to cover the cost of mediators and other experts competent to prevent and manage the harassment cases within Parliament together with the network of confidential counsellors and current structures;

45.  Recommends the greater use of videoconferences and other technologies in order to protect the environment and save resources, in particular by reducing staff duty travel between the three places of work;

Other issues

46.  Considers that the procedure for the adoption of Parliament’s estimates should be revised, taking into account the work-in-progress document elaborated by the Working Group on Parliament’s internal budgetary procedure, respecting the wish of the political groups to simplify the current procedure, make it more efficient by reducing the workload for Members and staff, as well as to increase its transparency and clarify responsibilities between the actors involved; recalls that in the current procedure, the Committee on Budgets performs the same tasks twice, during the spring phase (conciliation with the Bureau for the adoption of Parliament’s estimates) and during the autumn phase (tabling of budgetary amendments), which leads to a higher number of meetings, production of documents and related expenses (translations, interpreters, etc.);

47.  Asks to maintain adequate funding of the European Science Media-Hub, for a cooperation with television stations, social media and further partners in order to establish training purposes for young journalists, especially in relation to new scientific and technological developments and to fact-based, peer-reviewed news;

48.  Calls upon the Secretary-General and the Bureau to instil a culture of performance-based budgeting and environmental sustainability across Parliament's administration, and a lean management approach in order to enhance efficiency, reduce paperwork and diminish bureaucracy in the institution's internal work; stresses that the experience of lean management is the continuous improvement of the work procedure thanks to simplification and to the experience of the administrative staff;

49.  Requests full transparency on the use and management of the funding made available to European political parties and European foundations; requests a thorough evaluation and control of the budget spending by European political parties and foundations; draws attention to the conflict of interest stemming from the sponsorship of European political parties’ activities by private companies; calls therefore for a ban on donations and sponsorships of any kind from private companies to European political parties and European foundations;

o
o   o

50.  Adopts the estimates for the financial year 2020;

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

(1) OJ L 193, 30.7.2018, p. 1.
(2) OJ L 347, 20.12.2013, p. 884.
(3) OJ C 373, 20.12.2013, p. 1.
(4) OJ L 287, 29.10.2013, p. 15.
(5) Texts adopted, P8_TA(2017)0417.
(6) Texts adopted, P8_TA(2018)0182.
(7) Texts adopted, P8_TA(2018)0331.
(8) Texts adopted, P8_TA(2018)0404.
(9) Texts adopted, P8_TA(2018)0503.
(10) Texts adopted, P8_TA(2019)0010.
(11) Texts adopted, P8_TA(2015)0172.
(12) Texts adopted by the Bureau, PE 113.116/BUR./rev. XXVI/01-04-2009.


Emergency situation in Venezuela
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European Parliament resolution of 28 March 2019 on the emergency situation in Venezuela (2019/2628(RSP))
P8_TA(2019)0327RC-B8-0225/2019

The European Parliament,

–  having regard to its previous resolutions on Venezuela, in particular those of 3 May 2018 on the presidential elections in Venezuela(1), of 5 July 2018 on the migration crisis and humanitarian situation in Venezuela and at its terrestrial borders with Colombia and Brazil(2), and of 25 October 2018(3) and 31 January 2019 on the situation in Venezuela(4), the latter of which recognises Juan Guaidó as the legitimate interim president of Venezuela,

–  having regard to the declarations by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on Venezuela of 10 January 2019, 26 January 2019 and 24 February 2019, and to the latest Council conclusions,

–  having regard to the declaration of 20 April 2018 by the Organisation of American States (OAS) on the worsening humanitarian situation in Venezuela, and to the OAS member states’ joint statement on Venezuela of 24 January 2019,

–  having regard to the statement of the Lima Group of 25 February 2019,

–  having regard to the statements of the UN High Commissioner for Human Rights on Venezuela of 25 January 2019 and 20 March 2019,

–  having regard to the Venezuelan Constitution, and in particular Article 233 thereof,

–  having regard to the Rome Statute of the International Criminal Court (ICC),

–  having regard to Rule 123(2) and (4) of its Rules of Procedure,

A.  whereas Venezuela is facing a profound and unprecedented political, economic, institutional, social and multidimensional humanitarian crisis, shortages of medicines and food, a situation of massive human rights violations, hyperinflation, political oppression, corruption and violence; whereas living conditions have seriously deteriorated and 87 % of the population are now living in poverty; whereas 78 % of children in Venezuela are at risk of malnutrition; whereas 31 of every 1 000 children die before the age of 5; whereas more than 1 million children no longer attend school;

B.  whereas the EU remains convinced that a peaceful and democratic political solution is the only sustainable way out of the crisis; whereas any speculation about or strategy to initiate a military intervention in Venezuela would generate and escalate violence in the country and would have a disastrous effect on the region as a whole;

C.  whereas the already limited food supplies in Venezuela are at risk of spoiling; whereas people are struggling to obtain water, food and medicine; whereas, according to the UN High Commissioner for Refugees (UNHCR) and the International Organisation for Migration (IOM), more than 2.7 million Venezuelans have left the country since 2015 and that number could rise to 5 million by the end of the year if the crisis continues to worsen;

D.  whereas on 23 February 2019 the humanitarian aid stored in Colombia and Brazil was fiercely rejected and in some cases destroyed by Maduro’s illegal regime using military and paramilitary forces; whereas the repression resulted in several people being killed, dozens injured and hundreds arrested; whereas Venezuelan military operations, organised crime and terrorists represent a risk for the stability of the region, and in particular for the territory of neighbouring Colombia;

E.  whereas in early March Venezuela suffered from a massive electricity outage for more than 100 hours, aggravating the already dramatic healthcare crisis, which saw hospitals run out of drinking water and their services collapse, and looting; whereas, according to the organisation Doctors for Health, at least 26 people died in hospitals due to the lack of electricity; whereas on 25 March 2019 another long-lasting blackout occurred, leaving Caracas and 20 other regions in the country in full darkness;

F.  whereas the outages have been happening for many years and are a direct consequence of mismanagement, lack of maintenance and corruption by the illegal Maduro regime;

G.  whereas in February 2019 a delegation of four Members of the European People’s Party (EPP) group officially invited by the National Assembly and interim president Juan Guaidó was expelled from the country;

H.  whereas on 6 March 2019 the illegal Maduro regime ordered the German Ambassador to leave the country, accusing him of ‘recurrent acts of interference in internal affairs’; whereas some foreign and local journalists were also arrested, with their media equipment being confiscated, and expelled after their release;

I.  whereas Juan Guaidó appointed Ricardo Hausmann as the country’s representative to the Inter-American Development Bank (IDB) and the Inter-American Investment Corporation (IIC);

J.  whereas on 21 March 2019, Venezuela’s intelligence police detained Juan Guaidó’s chief of staff, Roberto Marrero, and forcefully entered the home of Sergio Vergara, member of the National Assembly for the State of Táchira, disregarding his parliamentary immunity;

K.  whereas on 23 March 2019, two aeroplanes belonging to the Russian Air Force arrived at Simón Bolívar International Airport, in Maiquetía, with military equipment and at least one hundred soldiers on board, and whereas this type of action has been repeated in recent months;

L.  whereas on 21 March 2019, a five-year jail sentence was handed down against the Venezuelan Judge Afiuni Mora on charges of ‘spiritual corruption’; whereas this judge had already served a long jail sentence in the past and was still under unfair house arrest;

M.  whereas it was reported on 15 March 2019 that Tomasz Surdel, the Venezuela correspondent for Polish newspaper Gazeta Wyborcza, had been violently assaulted, allegedly by the Special Action Forces of the Venezuelan National Police, while driving his car in Caracas;

N.  whereas the Cuban police force and military intelligence service are the strategic element that allows Maduro’s illegal regime to persist;

1.  Confirms its recognition of Juan Guaidó as the legitimate interim president of the Bolivarian Republic of Venezuela, in accordance with Article 233 of the Venezuelan Constitution, and reiterates its full support for the National Assembly, the only legitimate democratic body of Venezuela; expresses its full support for Guaidó’s roadmap, namely on putting an end to usurpation, on the establishment of a national transitional government and on the holding of snap presidential elections; welcomes the fact that a significant share of the international community and the overwhelming majority of EU Member States have recognised Guaidó’s legitimacy, and calls for the remaining Member States to do so urgently;

2.  Condemns the fierce repression and violence, which have resulted in killings and casualties; expresses its solidarity with the people of Venezuela and conveys its sincere condolences to their families and friends;

3.  Reiterates its deep concerns at the severe emergency humanitarian situation, which is profoundly damaging the lives of Venezuelans;

4.  Reiterates its call for the full recognition as ambassadors of the diplomatic representatives appointed by the legitimate interim president of the Bolivarian Republic of Venezuela, Juan Guaidó, to the EU and its Member States; welcomes the acknowledgment by the Board of Governors of the Inter-American Development Bank (IDB) and the Inter-American Investment Corporation (IIC) of Ricardo Hausmann as Governor of Venezuela in those entities; regrets the suspension of the 2019 IDB Annual Meeting of the Board of Governors by its Chinese hosts;

5.  Denounces the abuse of law enforcement and the brutal repression by security bodies, which have restrained the entry of humanitarian aid; condemns the use of irregular armed groups to attack and intimidate civilians and lawmakers who have mobilised to distribute assistance; supports the members of the Venezuelan military who have refused to repress the civilian population during this crisis and have deserted; recognises the work of the Colombian authorities in the protection and care of these soldiers loyal to the Venezuelan Constitution and people;

6.  Strongly condemns the harassment, detention and expulsion of several journalists covering the situation in Venezuela; reiterates its previous calls to the illegal Maduro regime to immediately put an end to its repression of political leaders, journalists and members of the opposition, including Sakharov prize laureate Leopoldo López; calls for the immediate and unconditional release of all persons detained on the grounds that they are relatives of interim president Juan Guaidó or members of his team:

7.  Condemns the raids by Maduro’s security services and the detention of interim president Juan Guaidó’s chief of staff, Roberto Marrero, as well as the recent forced entry into the house of National Assembly member Sergio Vergara; calls for Marrero’s immediate release; condemns the kidnapping of the National Assembly member Juan Requesens and calls for his immediate release;

8.  Reiterates its position in favour of a peaceful solution for the country through free, transparent and credible presidential elections based on a fixed calendar, fair conditions for all actors, including a neutral National Electoral Council, transparency and the presence of credible international observers;

9.  Praises the efforts undertaken by the Lima Group countries as a leading regional mechanism seeking a democratic solution to the crisis under the leadership of Juan Guaidó as legitimate interim president of Venezuela;

10.  Draws attention to the increased migratory crisis across the entire region and recognises the efforts and solidarity shown by neighbouring countries, and asks the Commission to continue cooperating with these countries, not only by providing humanitarian assistance but also by providing more resources and through development policy;

11.  Expresses deep concern at the presence of terrorist gangs and organised crime in Venezuela, its expansion and cross-border operation, especially towards Colombia, which puts at risk the stability of the whole region;

12.  Calls for additional sanctions targeting illegitimate state authorities’ assets abroad and those individuals responsible for human rights breaches and repression; considers that the EU authorities must consequently restrict the movements of these individuals, as well as of their closest relatives, and freeze their assets and visas;

13.  Takes note of the establishment of the International Contact Group, which must be prevented from being used by Maduro’s illegal regime as a strategy to delay the resolution of the crisis with the aim of staying in power; notes the lack of any tangible results delivered so far by the contact group, whose main purpose should be the creation of conditions that can lead to snap presidential elections and facilitate the delivery of humanitarian assistance to address the pressing needs of the Venezuelan population; asks the International Contact Group to collaborate with the Lima Group, as a leading regional actor; asks, in this framework, the EEAS, in collaboration with the European Parliament, to offer its expertise in the field of electoral assistance;

14.  Calls on the Member States, the VP/HR and the countries of the region to explore the possibility of establishing an international donors’ conference with the aim of providing broad financial support for reconstruction and the transition to democracy;

15.  Strongly supports the call by the UN Secretary-General for an independent and full investigation to be carried out into the reported casualties; recalls the EU’s commitment to effective multilateralism in the framework of the UN in order to avoid a humanitarian catastrophe with greater consequences; reiterates its full support for the ICC’s role in the fight against impunity and in bringing the perpetrators of violence and human rights violations to justice, and for the opening of an investigation following the preliminary examinations into crimes committed by the illegal Maduro regime, including some that amount to serious crimes against humanity;

16.  Decries the influence of the Cuban regime in Venezuela, which, by using its agents, has contributed to destabilising democracy and increasing political repression against the Venezuelan democratic forces; points out that such intervention could have consequences for EU-Cuba relations, including for the Political Dialogue and Cooperation Agreement between the EU and Cuba;

17.  Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the legitimate interim President of the Republic and National Assembly of the Bolivarian Republic of Venezuela, the governments and parliaments of the Lima Group countries, the Euro-Latin American Parliamentary Assembly and the Secretary-General of the Organisation of American States.

(1) Texts adopted, P8_TA(2018)0199.
(2) Texts adopted, P8_TA(2018)0313.
(3) Texts adopted, P8_TA(2018)0436.
(4) Texts adopted, P8_TA(2019)0061.


Situation of rule of law and fight against corruption in the EU, specifically in Malta and Slovakia
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European Parliament resolution of 28 March 2019 on the situation of the rule of law and the fight against corruption in the EU, specifically in Malta and Slovakia (2018/2965(RSP))
P8_TA(2019)0328B8-0230/2019

The European Parliament,

–  having regard to Articles 2, 4, 5, 6, 7, 9 and 10 of the Treaty on European Union (TEU),

–  having regard to Article 20 of the Treaty on the Functioning of the European Union (TFEU),

–  having regard to Articles 6, 7, 8, 10, 11, 12 and 47 of the Charter of Fundamental Rights of the European Union,

–  having regard to the opinion on questions relating to the appointment of judges of the constitutional court of the Slovak Republic, adopted by the Venice Commission at its 110th Plenary Session (Venice, 10-11 March 2017),

–  having regard to the opinion on constitutional arrangements and separation of powers and the independence of the judiciary and law enforcement in Malta, adopted by the Venice Commission at its 117th Plenary Session (Venice, 14-15 December 2018),

–  having regard to the report of 23 January 2019 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Investor Citizenship and Residence Schemes in the European Union’ (COM(2019)0012),

–  having regard to its resolution of 16 January 2014 on EU citizenship for sale(1) and to the joint press statement of 29 January 2014 by the Commission and the Maltese authorities on Malta’s Individual Investor Programme (IIP),

–  having regard to its resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights(2) and to its resolution of 14 November 2018 on the need for a comprehensive EU mechanism for the protection of democracy, the rule of law and fundamental rights(3),

–  having regard to its resolution of 15 November 2017 on the rule of law in Malta(4),

–  having regard to its resolution of 1 March 2018 on the Commission’s decision to activate Article 7(1) TEU as regards the situation in Poland(5), as well as its preceding resolutions of 13 April 2016 on the situation in Poland(6), of 14 September 2016 on the recent developments in Poland and their impact on fundamental rights as laid down in the Charter of Fundamental Rights of the European Union(7), and of 15 November 2017 on the situation of the rule of law and democracy in Poland(8),

–  having regard to its resolution of 19 April 2018 on protection of investigative journalists in Europe: the case of Slovak journalist Ján Kuciak and Martina Kušnírová(9),

–  having regard to its resolution of 3 May 2018 on media pluralism and media freedom in the European Union(10),

–  having regard to its resolution of 12 September 2018 on a proposal calling on the Council to determine, pursuant to Article 7(1) of the Treaty on European Union, the existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded(11), as well as its preceding resolutions of 10 June 2015(12), 16 December 2015(13) and of 17 May 2017(14) on the situation in Hungary,

–  having regard to its resolution of 13 November 2018 on the rule of law in Romania(15),

–  having regard to the report of 22 March 2018 on the visit of the ad hoc delegation of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Budgetary Control to Slovakia of 7 to 9 March 2018,

–  having regard to the report of 30 January 2019 on the fact-finding mission of the Committee on Budgetary Control to Slovakia of 17 to 19 December 2018,

–  having regard to the report of 11 January 2018 on the visit of the ad hoc delegation of the Committee on Civil Liberties, Justice and Home Affairs and the Committee of Inquiry to investigate alleged contraventions and maladministration in the application of Union law in relation to money laundering, tax avoidance and tax evasion (PANA) to Malta of 30 November to 1 December 2017,

–  having regard to the report of 16 November 2018 on the visit of the ad hoc delegation of the Committee on Civil Liberties, Justice and Home Affairs to Malta and Slovakia of 17 to 20 September 2018,

–  considering the hearings and exchanges of views carried out by the Working Group with a general mandate to monitor the situation as regards rule of law and fight against corruption within the EU and addressing specific situations, in particular Malta and Slovakia (Rule of Law Monitoring Group), set up on 4 June 2018 by the Committee on Civil Liberties, Justice and Home Affairs, notably with the Council of Europe Parliamentary Assembly and its Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL), the Group of States against Corruption (GRECO), national institutions and authorities, European Commission representatives, EU agencies such as Europol, and various stakeholders including civil society representatives and whistleblowers in Malta and Slovakia,

–  having regard to the letter of the Prime Minister of Malta dated 13 March 2019;

–  having regard to the question to the Commission on the situation of the rule of law and the fight against corruption in the EU, specifically in Malta and Slovakia (O‑000015/2019 – B8‑0017/2019),

–  having regard to the motion for a resolution of the Committee on Civil Liberties, Justice and Home Affairs,

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

A.  whereas the Rule of Law Monitoring Group (ROLMG) was set up on 4 June 2018 with a general mandate to monitor the situation as regards rule of law and fight against corruption within the EU and addressing specific situations, in particular Malta and Slovakia;

B.  whereas the rule of law and respect for democracy, human rights and fundamental freedoms and the values and principles enshrined in the EU Treaties and international human rights instruments are obligations incumbent on the Union and its Member States and must be complied with;

C.  whereas Article 6(3) TEU confirms that fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and as arising from the constitutional traditions common to the Member States, constitute general principles of Union law;

D.  whereas the EU operates on the basis of the presumption of mutual trust that Member States act in conformity with democracy, the rule of law and fundamental rights, as enshrined in the ECHR, the Charter of Fundamental Rights of the European Union and the International Covenant on Civil and Political Rights (ICCPR);

E.  whereas neither national sovereignty nor subsidiarity can justify the systematic refusal by a Member State to comply with the fundamental values of the European Union and the Treaties to which it has freely acceded;

F.  whereas the ROLMG has held a number of meetings with different stakeholders with the main focus on the situation in Malta and Slovakia; whereas it also held one exchange of views on the safety of journalists in Bulgaria following the murder of Viktoria Marinova; whereas the temporary detention of the journalists Attila Biro and Dimitar Stoyanov, who were investigating allegations of fraud involving EU funds in Romania and Bulgaria, was also discussed at that meeting;

G.  whereas the assassinations of Daphne Caruana Galizia in Malta and of Ján Kuciak and his fiancée Martina Kušnírová in Slovakia, and the murder of Viktoria Marinova in Bulgaria, have shocked European public opinion and have had a chilling effect on journalists in the EU;

H.  whereas the investigations into these murders have so far led to the identification of several suspects, without, however, coming to conclusions as to the possible masterminds behind the murders, although this is the most important element needing clarification; whereas in Malta three persons have been arraigned and police and magisterial investigations into the murder remain active;

I.  whereas the ROLMG was not able to verify the state of the investigations in all their aspects, as the authorities invoked a legitimate need to ensure confidentiality to safeguard progress in such murder cases;

J.  whereas the ROLMG has been able to look into numerous areas of concern in relation to the rule of law in Malta and Slovakia, in particular those areas covered in the work of Daphne Caruana Galizia and Ján Kuciak;

K.  whereas the ROLMG was regularly informed, including by the relatives of Daphne Caruana Galizia, with regard to the request for a full and independent public inquiry into her murder, in particular concerning the circumstances that allowed it to happen, the response of the public authorities, and the measures that can be put in place to ensure that such a murder will not happen again;

L.  whereas the level of cooperation with Europol in these investigations varies among the investigations conducted;

M.  whereas, in particular in the case of Malta, the previous Director of Europol had indicated a suboptimal level of cooperation between the Maltese authorities and Europol - a situation which his successor subsequently assessed as having improved to be satisfactory; whereas Europol representatives told the ROLMG members that the investigation did not stop with the arrest of the three suspected perpetrators; whereas Europol experts were appointed to carry out specific tasks in the magisterial inquiry;

N.  whereas, regarding the seizing of the phone of the journalist Pavla Holcová in Slovakia, a lack of clarity remains over the way in which it had been obtained and the access of Europol to the data extracted from it, even though Europol indicated it would support analysis of the phone;

O.  whereas there are serious concerns about the fight against corruption and organised crime in the EU, including in Malta and Slovakia, and whereas this threatens to undermine the trust of citizens in public institutions, potentially resulting in a dangerous interconnection between criminal groups and public authorities;

P.  whereas a large European consortium of investigative journalists has researched and published widely on the investigations that had been published by Daphne Caruana Galizia;

Q.  whereas in particular, the fight against money laundering in the EU is inadequate, inter alia because of the gaps existing in the implementation of the EU anti-money laundering legislation, as highlighted by recent cases of insufficient anti-laundering enforcement involving large banking institutions in different Member States;

R.  whereas the European Banking Authority (EBA) concluded in its recommendation of July 2018 addressed to Malta’s Financial Intelligence Analysis Unit (FIAU) that there are ‘general and systematic shortcomings in the fight against money laundering’ in Malta, in particular regarding the Pilatus Bank case, while acknowledging that the FIAU’s Action Plan was ‘a move in the right direction’; whereas the Commission has subsequently found that ‘the Maltese FIAU breached its obligations’ under the EU anti- money laundering legislation and that it did not fully implement the EBA recommendation; whereas, accordingly, the Commission adopted its opinion on this case in November 2018;

S.  whereas Malta is home to a large banking sector, including some particular banking institutions that do not comply with all regulatory standards and requirements, as is illustrated by the case of the Pilatus Bank and the withdrawal of its licence by the European Central Bank (ECB);

T.  whereas the ‘Egrant’ inquiry report is not publicly available; whereas the available conclusions do not confirm the claims linking the ownership of Egrant Inc. to the Maltese Prime Minister and his wife; whereas only the Prime Minister, the Minister of Justice, the Prime Minister’s Chief of Staff and the Prime Minister’s communications officer have access to the full unredacted inquiry report;

U.  whereas subsequently no inquiry was launched to uncover the beneficial ownership of Egrant, which still remains to be clarified;

V.  whereas the revelations concerning the beneficial owner of the ‘17 Black’ company - now claimed to be the CEO of Tumas Group, who was awarded a contract by the Maltese Government to construct the Electrogas power station on Malta - further underline the need for more transparency regarding financial interests and links to members of government, such as the Prime Minister’s Chief of Staff and the current Minister of Tourism and former Minister of Energy;

W.  whereas the Prime Minister’s Chief of Staff and the current Minister of Tourism and former Minister of Energy are the only acting high-ranking government officials in any EU Member State who were found to be beneficial owners of a legal entity exposed in the Panama Papers; whereas the latter testified to a delegation of the European Parliament about the use of his entities, making declarations that contradicted documents published in the Panama Papers;

X.  whereas lack of safety for journalists and narrowing space for civil society because of harassment and intimidation are undermining oversight over executive power and eroding the civic engagement of citizens;

Y.  whereas journalists, and in particular but not exclusively investigative journalists, are increasingly faced with so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP) against them, intended purely to frustrate their work;

Z.  whereas the family of Daphne Caruana Galizia has to deal with hate campaigns and libel suits even after her death, including from Members of the Maltese Government, and the Deputy Prime Minister has indicated that he does not believe withdrawing these libel suits is necessary;

AA.  whereas the family and friends of Daphne Caruana Galizia, as well as civil society activists, also have to deal with an ongoing situation at her makeshift memorial involving removal and destruction of remembrance items;

AB.  whereas the Venice Commission, in its opinion on Malta adopted at its 117th Plenary Session of 14-15 December 2018(16), highlighted the positive obligation of States to protect journalists as an issue directly related to the rule of law, and insisted that ‘it is an international obligation of the Government [of Malta] to ensure that the media and civil society can play an active role in holding authorities accountable’(17);

AC.  whereas the Venice Commission has stressed that the establishment of the Judicial Appointments Committee (JAC) in 2016 was a positive step taken by the Maltese authorities, and has also highlighted that there nonetheless remain several points of concern in light of the principle of judicial independence, notably around the organisation of prosecutorial powers and the judicial structure, and relating to the overall separation and balance of powers in the country, which is clearly leaning to the executive, and particularly to the Prime Minister who enjoys a far-reaching set of powers, including in various appointment procedures such as for members of the judiciary, and that this is not coupled with solid checks and balances(18);

AD.  whereas the Venice Commission has stated that the current division of prosecutorial powers between the Police and the Attorney General in Malta constitutes an ‘ambiguous system’ that ‘is problematic from the viewpoint of the separation of powers’; whereas it also noted that the Attorney General, who has prosecutorial powers while also being the government’s legal advisor and chairing the FIAU, is the occupant of a very powerful office that is ‘problematic from the viewpoint of the principle of democratic checks and balances and the separation of powers’(19);

AE.  whereas the Venice Commission’s delegation noted that a future separation of the roles of the Attorney General ‘is now widely accepted in Malta following the 2013 Report of the Commission for a Holistic Reform of the Justice System’(20); whereas the Maltese Government has now announced the initiation of the legislative process to bring about that separation;

AF.  whereas the Venice Commission has stated that, in addition to the prosecutorial tasks of the Attorney General and the police, magistrates also have the possibility to start inquests, and that ‘there seems to be no coordination between inquests and police investigation’(21);

AG.  whereas the Venice Commission has also stressed that the Permanent Commission Against Corruption (PCAC) suffers from flaws concerning its composition, as members’ appointments depend on the Prime Minister, even if he has to consult with the opposition, and also concerning the addressees of its reports, namely the Minister of Justice who has no investigatory powers, the result being that the reports lead to actual investigations and prosecutions in only a very limited number of cases(22);

AH.  whereas the Venice Commission has found that the appointment procedure for Police Commissioner should be based on a public competition; the Police Commissioner should be perceived as politically neutral by the general public(23);

AI.  whereas Malta has started a process of exploring constitutional reforms, under the supervision of its President, in which different political forces and civil society are involved, and most of which will require a two-thirds majority in Parliament to be implemented;

AJ.  whereas monitoring of worsening rule of law situations in Member States by the European Parliament is a vital part of European democracy, and the format of the Rule of Law Monitoring Group enables Parliament to follow up closely and liaise with Member State authorities and civil society;

AK.  whereas, despite broadly supported resolutions of the European Parliament(24), the Commission has still not come forward with a proposal for a comprehensive and independent mechanism to monitor the situation as regards Democracy, Rule of Law and Fundamental Rights (DRF) annually in all Member States;

AL.  whereas the use of ‘investor citizenship and residence schemes’ by EU Member States poses serious risks to the fight against money laundering, undermines mutual trust and the integrity of the Schengen area, allows for the admission of third-country nationals merely on the basis of accumulated wealth rather than on the basis of useful knowledge, skills or humanitarian considerations, and results in the actual sale of EU citizenship; whereas the Commission has explicitly stated that it no longer endorses the Maltese investor citizenship and residence schemes;

AM.  whereas the Commission published a report on investor citizenship and residence schemes that maps the existing practices and identifies certain risks that such schemes entail for the EU, in particular as regards security, money laundering, tax evasion and corruption;

AN.  whereas the Maltese government has concluded a confidential agreement with the private firm Henley & Partners to implement the Maltese ‘investor citizenship and residence scheme’, making it impossible to verify whether the agreed procedures, sales volume, and further terms are in line with Maltese, EU and international law and with security considerations;

AO.  whereas the implementation of the residency requirements for applicants for the Maltese investor citizenship and residence scheme is not in line with the conditions for such schemes agreed with the Commission in 2014; whereas the Commission has taken no effective action to tackle this lack of respect for the residency requirements;

AP.  whereas the allegations regarding the sale of medical and Schengen visas in Libya and Algeria by Maltese officials have not been fully investigated(25);

AQ.  whereas journalists in Slovakia indicated during the ROLMG delegation visit that they are operating in an environment where full independence and safety cannot always be guaranteed; whereas in the case of RTVS (Radio and Television of Slovakia), there have been instances of perceived political interference with journalistic work, such as by the issuing of short news guidelines;

AR.  whereas the National Press Act is under a process of revision in Slovakia and this provides an opportunity to strengthen media freedom and the safety of journalists; whereas the current legislative proposal risks limiting media freedom;

AS.  whereas there are reports of corruption and fraud in Slovakia, including with EU agricultural funds involving the Agricultural Paying Agency, that merit in-depth and independent investigations, of which some are indeed being investigated by OLAF and regarding which Parliament’s Committee on Budgetary Control conducted a fact-finding mission to Slovakia in December 2018; whereas Slovakia has the highest irregularity and fraud detection rates of all EU Member States(26);

AT.  whereas the members of the ROLMG have concerns over the impartiality of law enforcement and the independence of the judiciary in Slovakia, especially with regard to the politicisation and lack of transparency in selection and appointment processes, such for the position of Chief of Police;

AU.  whereas Slovakia’s Prime Minister and other high-ranking government members, as well as the Deputy General Prosecutor and the Chief of Police, resigned after Ján Kuciak’s murder;

AV.  whereas the legislative process in Slovakia regarding the reform of the selection of Constitutional Court judges has not been completed, and the upcoming selection process to replace the court’s nine retiring judges will take place under the existing procedures; whereas this selection process is currently blocked in the Slovak Parliament;

AW.  whereas in the course of their mission the members of the ROLMG delegation took note of the commitment to upholding rule of law standards manifested by various staff of the Slovak public authorities and civil society actors;

AX.  whereas Reporters Without Borders’ World Press Freedom Index 2018 ranks Slovakia in 27th place, as opposed to 17th in 2017, with Malta in 65th position, dropping from 47th, and Bulgaria as the lowest-classified EU Member State at 111th, down from 109th in 2017;

AY.  whereas Transparency International ranked Malta 51st (down from 46th in 2017), Slovakia 57th (down from 54th in 2017) and Bulgaria 77th (down from 71st place in in 2017) in its annual Corruption Perceptions Index; whereas all three countries score significantly below the EU average(27);

GENERAL OBSERVATIONS

1.  Strongly condemns the continuous efforts of a growing number of Member State governments to weaken the rule of law, the separation of powers and the independence of the judiciary; expresses concern that, despite the fact that most Member States have adopted legislation to ensure judicial independence and impartiality in compliance with Council of Europe standards, problems remain in the way these standards are applied;

2.  Recalls that the rule of law is part of and a prerequisite for the protection of all values listed in Article 2 TEU; calls on all relevant actors at EU and national level, including governments, parliaments and the judiciary, to step up efforts to uphold and reinforce the rule of law;

3.  Notes with great concern the rising threats bearing down on journalists and media freedom, growing public denigration and a general weakening of the profession, increasing economic concentration of the sector and growing disinformation; recalls that a strong democracy based on the rule of law cannot function without a strong and independent fourth estate;

4.  Urges the Council to examine and follow up any proposals from the Commission and Parliament as regards infringement procedures and Article 7 TEU procedure, in particular by taking swift action based on the Commission’s reasoned proposal of 20 December 2017 on Poland, as well as by putting the situation in Hungary on the Council agenda as a matter of priority, by informing Parliament immediately and fully at all stages of the procedure, and by inviting Parliament to present its reasoned proposal on Hungary to the Council;

INVESTIGATIONS AND LAW ENFORCEMENT

5.  Calls on the Government of Malta to launch without delay a full and independent public enquiry into the murder of Daphne Caruana Galizia, with particular stress on the circumstances that allowed it to happen, the response of the public authorities, and the measures that can be put in place to ensure that such a murder will not happen again;

6.  Strongly urges the Maltese Government to publicly and unambiguously condemn all hate speech against and disparagement of the memory of the deceased Daphne Caruana Galizia; urges that strong action be taken against any public officials fuelling hate;

7.  Considers it of utmost importance to find a solution for the memorial site of Daphne Caruana Galizia in Valletta, in cooperation with civil society and her family, so that remembrance can take place unhindered;

8.  Calls on the relevant Maltese authorities to publish the full unredacted report of the magisterial ‘Egrant’ inquiry;

9.  Urges the Governments of Malta and Slovakia to ensure that all indications of criminal acts are promptly and fully investigated by law enforcement authorities, including where these indications are revealed by whistleblowers and journalists, especially the alleged cases of e.g. corruption, financial crimes, money laundering, fraud and tax evasion as reported by Daphne Caruana Galizia and Ján Kuciak;

10.  Calls on the EU institutions and the Member States to initiate an independent international public inquiry into the murder of Daphne Caruana Galizia and the alleged cases of corruption, financial crimes, money laundering, fraud and tax evasion reported by her, which involve high-ranking current and former public officials of Malta;

11.  Regrets that not all members of the Government of Malta, such as the Minister for Tourism and former Minister of Energy, were available to meet the ROLMG delegation, and that it was also not possible for it to meet representatives of Nexia BT such as the company’s Managing Partner;

12.  Notes with concern that the Maltese authorities never issued an official legal assistance request to the German Federal Criminal Police Office (‘Bundeskriminalamt’) to be given access to the data stored on Daphne Caruana Galizia’s laptops and hard disks after they were handed over to the German authorities by her family;

13.  Welcomes the charges brought by the Slovak authorities against the alleged instigator of the murders of Ján Kuciak and Martina Kušnírová and the alleged perpetrators of the murders; calls on the law enforcement authorities to continue the investigation at both national and international level by all means available, including by prolonging the Agreement of the Joint Investigation Team beyond April 2019, and to ensure that all aspects of the case are fully investigated, including any possible political links to the crimes;

14.  Notes that the investigation into the murder of Ján Kuciak and Martina Kušnírová has uncovered other criminal activities, including an alleged plot to murder the prosecutors Peter Šufliarsky and Maroš Žilinka and the lawyer Daniel Lipšic; notes that the later investigation is, by a joint decision of the Prosecutor General and the Special Prosecutor, to be conducted by the Police Inspectorate of the Interior Ministry, due to a possible involvement of police officers in screening of police databases of those targeted; and will further monitor this development;

15.  Welcomes the creation of the Ján Kuciak Investigative Centre, of the Daphne Project founded by several journalists in late 2018, and of the Forbidden Stories Daphne Project, founded by 18 consortia of investigative journalists in March 2018, with the aim of picking up Daphne’s work where she left it; notes that six months after its creation, the Daphne Project made new revelations in its first publication;

16.  Calls on the Commission and the European Anti-fraud Office to carry out in-depth investigations into all the cases that were brought to the attention of Parliament’s ad hoc delegations in 2018, namely allegations of corruption and fraud, also relating to EU agricultural funds, and possible wrong incentives for land grabbing;

17.  Calls on the Maltese Government to launch an investigation into the Panama Papers revelations and the links between the Dubai-based company ‘17 Black’ and the Minister for Tourism and former Minister for Energy and the Prime Minister’s Chief of Staff;

18.  Calls on the Maltese and Slovak Governments, and on all EU Member States and their law enforcement authorities, to step up the fight against organised crime and corruption, in order to restore public faith in their institutions;

19.  Notes the adoption on 22 March 2019 of the Addendum to the Second Compliance Report on Slovakia by GRECO regarding corruption prevention in respect of members of parliament, judges and prosecutors; calls on the Government of Slovakia to fully implement all the recommendations;

20.  Notes the adoption on 23 March 2019 of the Fifth Round Evaluation Report on Malta by GRECO; calls on the Government of Malta to authorise the publication of this report as soon as possible and to fully implement all the recommendations;

21.  Is deeply concerned about the Slovak Government’s possible role in the abduction of a Vietnamese citizen from Germany, and calls for a comprehensive investigation report, in continued cooperation with the German authorities, including on the alleged involvement of the former Interior Minister;

22.  Is concerned about allegations of corruption, conflicts of interest, impunity and revolving doors in Slovakia’s circles of power; is astounded by the fact that following their resignation, a former senior police official from the National Criminal Agency (NAKA) and the former Chief of Police were appointed as advisers to the Minister of the Interior, including in the Czech Republic; notes that the former Chief of Police has now stepped down as adviser to the Minister of the Interior after press reports surfaced about a search for Ján Kuciak in a police database prior to his murder, allegedly ordered by the former Chief of Police;

23.  Welcomes the engagement of Slovak and Maltese citizens and civil society organisations in the fight for democracy, the rule of law and fundamental rights; urges the Governments of Slovakia and Malta to fully support this civic engagement, and to refrain from discouraging it;

24.  Calls on the Governments of Malta, Slovakia and Bulgaria to continue facilitating all cooperation with Europol, including by fully involving the agency and proactively giving it full access to the files related to the investigations;

25.  Calls on the Commission to provide clear guidance on the modalities and legal framework regarding the exchange of data and evidence between Member States’ law enforcement authorities and between them and the EU agencies, including through the application of the European Investigation Order;

26.  Observes that the current budgetary and human resources and mandates of Europol and Eurojust are not sufficient for those agencies to provide full and proactive EU added value in carrying out investigations such as in the cases of the murders of Daphne Caruana Galizia and of Ján Kuciak and Martina Kušnírová; calls for further resources to be allocated to Europol and Eurojust for investigations of this kind in the near future;

27.  Underlines that Member States’ law enforcement and judicial authorities form part of an EU system of cooperation; considers that EU institutions, bodies and agencies should therefore proactively step in to address shortcomings on the part of national authorities, and finds it worrying that such actions by EU institutions, bodies and agencies are regularly initiated only after information has been revealed by journalists and whistleblowers;

28.  Calls on the Commission and the Council to increase Europol’s budget in line with the operational and strategic needs identified during the negotiations for the Multiannual Financial Framework (MFF) 2021-2027, and to strengthen the mandate of Europol so as to enable it to participate more proactively in investigations into leading organised crime groups in Member States where there are serious doubts about the independence and quality of such investigations, e.g. by being able to proactively initiate setting up Joint Investigation Teams in such cases;

29.  Calls on Eurojust and the future European Public Prosecutor’s Office (EPPO) to cooperate optimally in investigations concerning the financial interests of the EU, especially regarding Member States that have not joined the EPPO; calls, to that end, for the Member States and the EU institutions to facilitate the rapid establishment of the EPPO, and considers that all Member States which have not yet announced their intention to join the EPPO should do so;

30.  Calls on the Commission to follow up on the resolutions of Parliament that have called for the mapping of best practices in investigative techniques across the EU in order to facilitate the development of common investigative practices in the EU(28);

CONSTITUTIONAL CHALLENGES IN MALTA AND SLOVAKIA

31.  Welcomes the statements by the Government of Malta regarding implementation of the recommendations set out in the recent report of the Venice Commission;

32.  Welcomes the creation of a group in which members of both government and opposition are involved in exploring constitutional reform;

33.  Welcomes the recent announcement by the Government of Malta on initiation of the legislative processes to implement various Venice Commission recommendations; calls on the Government and Parliament of Malta to implement all the Venice Commission recommendations without exception, also in a retroactive manner where relevant, so as to ensure that past and current decisions, positions and structures are brought into line with these recommendations, and in particular,

   to strengthen the independence, powers of oversight and capabilities of the members of the Maltese House of Representatives, in particular by tightening rules on incompatibilities and by providing for an appropriate salary and for non-partisan support;
   to publicly announce vacancies for judicial positions (paragraph 44);
   to change the composition of the JAC, to allow at least half of its members to be judges elected by their peers, and to endow the JAC with the competence to rank candidates on the basis of merit and directly propose those candidates to the President for appointment, also in the case of appointment of the Chief Justice (paragraph 44);
   to give the power of removal of judges or magistrates to the Commission for the Administration of Justice and to provide for an appeal in court against disciplinary measures imposed by that Commission (paragraph 53);
   to set up an office of an independent Director of Public Prosecutions (DPP), to be responsible for all public prosecutions, taking over the current prosecutorial tasks of the Attorney General, as well as the prosecutorial tasks of the police and the magisterial inquests, as recommended by the Venice Commission (paragraphs 61-73); calls on the Government of Malta to subject this potentially newly established DPP to judicial review, in particular regarding decisions of non-prosecution (paragraph 68, 73);
   to reform the PCAC, both by ensuring an appointment process that is less dependent on the executive branch and on the Prime Minister in particular, and by ensuring that the PCAC reports lead to actual prosecutions; also to consider the option of having the PCAC report directly to a newly established DPP (paragraph 72);
   to initiate a constitutional reform to ensure that judgments of the Constitutional Court will lead, without parliament having to intervene, to the annulment of provisions found to be unconstitutional (paragraph 79);
   to abolish the practice of having part-time MPs, increase the salary of MPs, restrict the appointment of MPs to officially appointed bodies, put at the disposal of MPs sufficient support staff and independent knowledge and advice, and refrain from the extensive use of delegated legislation (paragraph 94);
   to ensure that requests for information by the Ombudsman are fully complied with by the authorities, that the Ombudsman’s reports are debated in Parliament, that the office of the Ombudsman is regulated at the constitutional level, and that the Freedom of Information Act is updated (paragraphs 100-101);
   to reshape the process of appointing Permanent Secretaries, namely by merit-based selection by an Independent Civil Service Commission, rather than by the Prime Minister (paragraphs 119-120);
   to seriously limit the practice of ‘positions or persons of trust’ and to introduce clear legal rules and a constitutional amendment that form the basis and framework for regulating this practice (paragraph 129);
   to change the appointment procedure for the Police Commissioner, namely by making it merit-based by introducing a public competition (paragraph 134);

34.  Notes that a selection and nomination procedure for Constitutional Court judges in Slovakia is under way, as the term of nine out of 13 judges ends in February; underlines that the regulations covering this selection and nomination process, as well as the qualifications and requirements, have to meet the highest possible standards in terms of transparency, scrutiny and accountability, in line with the conclusions on this matter of the Venice Commission(29); is concerned about the current lack of progress in this selection process in the Slovak Parliament;

35.  Calls for the transparent, unambiguous and objective application of rules and procedures for the selection in 2019 of the new Slovak Chief of Police, which will ensure the independence and neutrality of the office; notes that the selection process is now under way and that the candidates will soon take part in hearings before the relevant committee of the Slovak Parliament; calls for these hearings to be public;

INVESTOR CITIZENSHIP, RESIDENCE SCHEMES AND VISAS

36.  Calls on the Government of Malta to terminate its investor citizenship and residence schemes, and commission an independent and international investigation into the impact of this sale on the Maltese anti-money laundering enforcement capabilities, on further cross-border crime and on the integrity of the Schengen area;

37.  Calls on the Government of Malta to publish annually a standalone list of all persons who have purchased Maltese and EU citizenship, and to ensure that the purchasers are not listed together with those who acquired their Maltese citizenship in other ways; calls on the Government of Malta to ensure that all these new citizens have actually resided one full year in Malta prior to the purchase, as agreed with the Commission before the launch of the programme; calls on the Commission to do all in its power to make sure that the original understanding on the matter is respected in future;

38.  Welcomes the fact that in February 2019, when asked to clarify, the Commission clearly stated that it does not in any way endorse the Maltese investor citizenship and residence schemes;

39.  Calls on the Government of Malta to fully disclose, and to terminate, its contract with Henley & Partners, the private firm that currently implements the Maltese investor citizenship and residence schemes, with no consequences for the public finances in the event of termination or suspension;

40.  Calls on the Commission to examine whether the contracts in place between Member State authorities and private firms that govern and outsource the investor citizenship and residence schemes are compatible with EU and international law and with security considerations;

41.  Welcomes the publication of the Commission report on ‘Investor citizenship and residence schemes’, but is concerned about the lack of data in it; calls on the Commission to continue monitoring the scale and impact of the various investor citizenship and residence schemes in the EU, with a particular focus on due diligence processes, the profiles and activities of beneficiaries, the potential impacts on cross-border crime, and the integrity of the Schengen area; calls on the Member States to phase out all existing citizenship by investment and residency schemes as soon as possible; calls on the Commission, in the meantime, to address investor citizenship and residence schemes expressly in the Schengen Evaluation Mechanism, and to come forward with a legislative proposal which sets clear limits to investor citizenship and residence schemes;

42.  Calls on the Commission, building on its report on investor citizenship and residence schemes in various EU Member States, to examine specifically the impacts of the Maltese government investor citizenship and residence schemes on the integrity of the Schengen area;

43.  Calls on Europol and the European Border and Coast Guard Agency to conduct a joint threat assessment regarding the consequences of EU Member States’ investor citizenship and residence schemes for the fight against organised crime and for the integrity of the Schengen area;

44.  Calls on the Government of Malta to fully investigate the allegations concerning mass sale of Schengen and medical visas, including the alleged involvement of former or current high-ranking Maltese government officials, such as the Chief of Staff of the Prime Minister’s Office and Neville Gafa;

SAFETY OF JOURNALISTS AND INDEPENDENCE OF THE MEDIA

45.  Calls on the Government of Slovakia to ensure the safety of journalists; deplores the lack of transparency on media ownership; questions the independence and quality of the public media following the departure of several RTVS journalists; notes with concern that the current legislative proposal for the Press Act risks limiting media freedom;

46.  Is concerned about the statements of Slovak politicians that call into question the value of independent journalism and public media, such as those made by the former Prime Minister in public, for example at a news conference held on 2 October 2018;

47.  Reiterates its call on the respective members of the Government of Malta to ensure the withdrawal, with immediate effect, of the libel suits being faced by the mourning family of Daphne Caruana Galiza, to refrain from using the libel laws to freeze critical journalists’ bank accounts, and to reform the libel laws that are being used to frustrate journalists’ work;

48.  Calls on the Commission to present proposals to prevent so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP);

EU RESPONSES

49.  Reiterates its call on the Commission to enter into dialogue with the Maltese Government in the context of the Rule of Law Framework;

50.  Notes the efforts of the Commission and the Council to ensure that all Member States fully uphold the rule of law, democracy and fundamental rights; is, however, concerned regarding the limited impact of the Commission Rule of Law Framework and of the procedures initiated under Article 7(1) TEU so far; emphasises that the persistent failure to address serious and persistent breaches of the values referred to in Article 2 TEU has encouraged other Member States to follow the same path; regrets the Commission’s decision to postpone publication of its proposal to strengthen the Rule of Law Framework to July 2019;

51.  Recalls the need for an impartial and regular assessment of the situation with regard to the rule of law, democracy and fundamental rights in all the Member States; stresses that such an assessment must be based on objective criteria; draws renewed attention to its resolutions of 10 October 2016 and of 14 November 2018 which call for a comprehensive, permanent and objective EU mechanism for the protection of democracy, the rule of law and fundamental rights; considers that this would be a fair, balanced, regular and preventive mechanism for dealing with possible breaches of the values listed in Article 2 TEU, and underlines that such a mechanism is more urgently needed now than ever before;

52.  Deplores the fact that the Commission has still not presented such a proposal for a comprehensive EU mechanism on democracy, the rule of law and fundamental rights, and calls on it to do so in due time, in particular by proposing the adoption of the interinstitutional agreement on the EU Pact for DRF;

53.  Welcomes the Commission proposal for a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, draws renewed attention to the report on this adopted by Parliament in January 2019, and urges the Council to enter constructively into negotiations as soon as possible;

54.  Underlines the importance of Parliament sending ad hoc delegations to Member States as an effective tool to monitor breaches of democracy, the rule of law and fundamental rights; recommends creating a permanent structure within its Committee on Civil Liberties, Justice and Home Affairs to monitor such breaches in the Member States;

55.  Calls on the EU institutions and the Member States to resolutely fight systemic corruption and to devise effective instruments for preventing, combating and sanctioning corruption and fighting fraud, as well as regularly monitoring the use of public funds; reiterates its regret that the Commission decided not to publish the EU Anti-Corruption Report in recent years, and underlines that having anti-corruption fact sheets as part of the European Semester is not a sufficiently effective measure to ensure that corruption is unequivocally placed on the agenda; therefore calls on the Commission to immediately resume its annual anti-corruption monitoring and reporting, with reference to all Member States and to the EU institutions;

56.  Welcomes the agreement between the ECB and the national supervisory authorities on a new cooperation mechanism for information exchange; encourages all participating authorities to make extensive use of that mechanism in order to ensure swift and effective cooperation in the fight against money laundering;

57.  Reminds its President that implementation is long overdue of its call to create a ‘European Daphne Caruana Galizia prize for investigative journalism’, to be awarded annually for outstanding investigative journalism in Europe;

58.  Welcomes Parliament’s decision to name its traineeship programme for investigative journalists after Ján Kuciak;

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59.  Instructs its President to forward this resolution to the Council, the Commission, the Parliaments and Governments of the Member States and the Parliamentary Assembly of the Council of Europe.

(1) OJ C 482, 23.12.2016, p. 117.
(2) OJ C 215, 19.6.2018, p. 162.
(3) Texts adopted, P8_TA(2018)0456.
(4) Texts adopted, P8_TA(2017)0438.
(5) Texts adopted, P8_TA(2018)0055.
(6) OJ C 58, 15.2.2018, p. 148.
(7) OJ C 204, 13.6.2018, p. 95.
(8) Texts adopted, P8_TA(2017)0442.
(9) Texts adopted, P8_TA(2018)0183.
(10) Texts adopted, P8_TA(2018)0204.
(11) Texts adopted, P8_TA(2018)0340.
(12) OJ C 407, 4.11.2016, p. 46.
(13) OJ C 399, 24.11.2017, p. 127.
(14) Texts adopted, P8_TA(2017)0216.
(15) Texts adopted, P8_TA(2018)0446.
(16) Malta - Opinion on Constitutional arrangements and separation of powers, adopted by the Venice Commission at its 117th Plenary Session (Venice, 14-15 December 2018).
(17) Venice Commission opinion, paragraph 142.
(18) Ibid., paragraphs 107-112.
(19) Ibid., paragraph 54.
(20) Ibid., paragraph 59.
(21) Ibid., paragraph 71.
(22) Ibid., paragraph 72.
(23) Ibid., paragraph 132.
(24) Resolution of 25 October 2016 with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights - OJ C 215, 19.6.2018, p. 162; resolution of 14 November 2018 on the need for a comprehensive EU mechanism for the protection of democracy, the rule of law and fundamental rights – Texts adopted, P8_TA(2018)0456.
(25) http://nao.gov.mt//loadfile/77c82f0e-89b3-44b4-85d4-e48ecfd251b0
(26) https://www.eca.europa.eu/Lists/ECADocuments/SR19_01/SR_FRAUD_RISKS_EN.pdf
(27) https://www.transparency.org/cpi2018 https://www.transparency.org/news/feature/corruption_perceptions_index_2017
(28) https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1539189225045&uri=CELEX:52011IP0459 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52016IP0403
(29) https://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2017)001-e


Recent developments on the Dieselgate scandal
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European Parliament resolution of 28 March 2019 on recent developments in the ‘Dieselgate’ scandal (2019/2670(RSP))
P8_TA(2019)0329B8-0222/2019

The European Parliament,

–  having regard to Article 226 of the Treaty on the Functioning of the European Union (TFEU),

–  having regard to Decision 95/167/EC, Euratom, ECSC of the European Parliament, the Council and the Commission of 19 April 1995 on the detailed provisions governing the exercise of the European Parliament’s right of inquiry(1),

–  having regard to its Decision (EU) 2016/34 of 17 December 2015 on setting up a Committee of Inquiry into emission measurements in the automotive sector, its powers, numerical strength and term of office(2),

–  having regard to Regulation (EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007 on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information(3),

–  having regard to 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(4),

–  having regard to Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC(5),

–  having regard to Commission Regulation (EU) 2016/646 of 20 April 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6)(6),

–  having regard to Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe(7),

–  having regard to its resolution of 27 October 2015 on emission measurements in the automotive sector(8),

–  having regard to its resolution of 13 September 2016 on the inquiry into emission measurements in the automotive sector(9) (based on the interim report of the Committee of Inquiry into Emission Measurements in the Automotive Sector),

–  having regard to the final report of the Committee of Inquiry into Emission Measurements in the Automotive Sector of 2 March 2017,

–  having regard to its recommendation of 4 April 2017 to the Council and the Commission following the inquiry into emission measurements in the automotive sector(10),

–  having regard to the European Court of Auditors’ briefing paper of 7 February 2019 on the EU’s response to the ‘Dieselgate’ scandal,

–  having regard to the judgment of the Court of Justice of the European Union (CJEU) of 13 December 2018 in Joined Cases T-339/16, T-352/16 and T-391/16(11),

–  having regard to the Recommendation of the European Ombudsman in case 1275/2018/EWM,

–  having regard to its resolution of 13 March 2019 on a Europe that protects: Clean air for all(12),

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

A.  whereas Parliament had requested a comprehensive report from the Commission on the actions taken by the Commission and the Member States on the conclusions and recommendations of the Committee of Inquiry on Emission Measurements in the Automotive Sector (hereafter referred to as the ‘EMIS Committee’);

B.  whereas on 18 October 2018, the Commissioner for the Internal Market, Industry, Entrepreneurship and SMEs, Elżbieta Bieńkowska, sent a letter to the former Chair of the EMIS Committee containing a table of follow-up actions taken by the Commission as a response to the request for a ‘comprehensive report on the actions taken by the Commission and the Member States on the conclusions and recommendations of the EMIS Committee’;

C.  whereas the table attached to this letter only sought to address issues raised in the recommendations and did not address the conclusions of the EMIS Committee, particularly as regards the cases of maladministration and contravention of EU law; whereas Commissioner Bieńkowska underlined several times in the table that certain issues addressed in the recommendations are outside her remit;

D.  whereas on 12 October 2018 the European Ombudsman upheld the complaint made by a Member of the European Parliament (MEP) and found that the Commission’s refusal to grant public access to all positions of the representatives of the Member States relating to environmental information constituted maladministration;

E.  whereas this obstructive behaviour on the part of the Commission led to a significant slowdown in the work of the EMIS Committee and, among other negative impacts, reduced the amount of information available to MEPs when questioning the Commission’s representatives in the hearings;

F.  whereas on 13 December 2018, the General Court of the European Union decided to uphold the actions brought by the cities of Paris, Brussels and Madrid (judgment of the Court of Justice of the European Union in Joined Cases T-339/16, T-352/16 and T-391/16), and annulled in part Commission Regulation (EU) 2016/646, which had set excessively high nitrogen emission limits for the tests for new light passenger and commercial vehicles;

G.  whereas on 22 February 2019 the Commission decided to appeal this judgment, which may push back the deadline established by the Court until which the so-called ‘conformity factors’ can stay in place;

H.  whereas on 6 December 2016 the Commission decided to launch infringement procedures against seven Member States, namely the Czech Republic, Germany, Greece, Lithuania, Luxembourg, Spain and the United Kingdom, for their failure to set up penalty systems to deter car manufacturers from violating car emissions legislation or to impose such sanctions in the case of the Volkswagen group;

I.  whereas on 17 May 2017 the Commission started another infringement procedure concerning the emission control strategies employed by the Fiat Chrysler Automobiles (FCA) Group and the failure of Italy to meet its obligations to adopt corrective measures and impose sanctions on this manufacturer;

J.  whereas despite the fact that these procedures, which are still ongoing against Germany, Italy, Luxembourg and the United Kingdom, were launched more than two years ago, the Commission has still not pushed them beyond the stage of seeking further information from the Member States through additional letters of formal notice;

K.  whereas some Member States appear not to be cooperating sincerely with the Commission in this regard;

L.  whereas in a press statement issued on 16 October 2018 on the work programme of the European Court of Auditors (ECA) for 2019, the President of the ECA, Klaus-Heiner Lehne, announced that the ECA would examine the EU’s approach to measuring vehicle emissions in order to ‘establish whether the EU is delivering what it has promised’;

M.  whereas the ECA briefing paper of 7 February 2019 on the EU’s response to the ‘Dieselgate’ scandal pointed out that there are still large numbers of highly polluting cars on the road and observed that ongoing vehicle recalls have had a limited impact on NOx emissions, as have the software updates initiated in that regard;

N.  whereas Germany requires German car manufacturers to offer car owners an exchange programme or a hardware retrofit with a selective catalytic reduction (SCR) system;

O.  whereas the legacy of highly polluting diesel vehicles remains largely untackled, as they will continue to have an adverse effect on air quality for many years to come if no effective coordinated action is taken by the Commission and the Member States to reduce the harmful emissions they produce, particularly in areas to which these vehicles are exported in large numbers;

P.  whereas according to the information transmitted to the Commission by the Member States, recall campaigns in the Member States concern only a limited number of cars from the following brands: Volkswagen, Renault, Daimler, Opel and Suzuki;

Q.  whereas several non-governmental organisations and the media have reported that models from several other brands have shown suspicious emissions behaviour or exceeded the pollution limits laid down in EU law;

R.  whereas some Member States, namely Bulgaria, Hungary, Ireland, Slovenia and Sweden, have still not sent any information to the Commission on their recall programmes;

S.  whereas the Commission’s response to the ‘Dieselgate’ scandal included not only the revision of Directive 2007/46/EC but also a proposal for a directive on representative actions for the protection of the collective interests of consumers (COM(2018)0184); whereas such binding legislation is key to ensuring that consumers have clear rights and can take meaningful collective action, in particular since the 2013 recommendation on collective redress was scarcely implemented in the majority of Member States; whereas in the United States, where the system of class actions is well developed, Dieselgate victims have received between USD 5 000 and USD 10 000 in compensation payments, while European consumers are still waiting for proper compensation; whereas this file is among the many that are blocked in the Council;

T.  whereas President Juncker has proposed a revision of Regulation (EU) No 182/2011 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(13), in order to oblige Member States to be more transparent regarding the positions they adopt at committee level; whereas a more transparent procedure for the adoption of the real driving emissions (RDE) test would have prevented Member States from unduly delaying the procedure, as explained in the EMIS conclusions; whereas this file is also among the many that are blocked in the Council;

U.  whereas following an investigation by the European Anti-Fraud Office (OLAF), the European Investment Bank and Volkswagen AG have come to an agreement regarding a sub-project part of a loan of EUR 400 million that was granted in 2009 and fully repaid on schedule in February 2014;

V.  whereas according to this agreement, the European Investment Bank will conclude its investigation and Volkswagen AG will in turn voluntarily not participate in any European Investment Bank projects during an 18-month exclusion period;

Responsibilities of the Commission

1.  Recalls that pursuant to Article 17(8) of the Treaty on European Union, ‘the Commission, as a body, shall be responsible to the European Parliament’; regrets, therefore, that the Commission, as a body, has not submitted a comprehensive report to Parliament addressing both the conclusions and the recommendations of the EMIS Committee;

2.  Deplores the fact that the letter from the Commissioner for the Internal Market, Industry, Entrepreneurship and SMEs, Elżbieta Bieńkowska, to the former Chair of the EMIS Committee, is insufficient, as not all issues are within the remit of the Commissioner, as stated in the letter, and the letter fails to address the conclusions of the EMIS Committee;

3.  Calls on the Commission to immediately send a comprehensive report, approved by the whole College, to Parliament, as required by Parliament in its resolution, which will address not only the recommendations, but also the core of the investigative task of the parliamentary inquiry, i.e. the conclusions of the EMIS Committee, in particular as regards the cases of maladministration and contravention of EU law; considers that the Commission should draw clear political conclusions on the basis of the conclusions of the EMIS Committee;

4.  Notes that the Ombudsman’s recommendation confirms that the Commission has significantly obstructed the work of an official parliamentary committee of inquiry; considers that the Commission should draw clear political conclusions from this failure;

5.  Calls on the Commission to grant access to the minutes of meetings of technical committees in general, and to those of its Motor Vehicles Technical Committee in particular;

6.  Calls on the Commission to publish guidelines on the recall of vehicles, outlining in detail how recalled vehicles must comply with the relevant EU regulations, including by applying hardware retrofits where software updates do not ensure compliance with emissions limits;

7.  Calls on the Commission to include in the guidelines measures to ensure that highly polluting vehicles do not remain in circulation on the second-hand market, including in other Member States and third countries;

8.  Calls on the Commission to monitor the set-up and implementation of the market surveillance checks by the Member States in accordance with Regulation (EU) 2018/858;

9.  Calls on the Commission to proceed with the work in the first stage of the infringement procedures against Germany, Luxembourg, the United Kingdom and Italy, given that these procedures were launched more than two years ago, and to issue reasoned opinions;

10.  Welcomes the CJEU ruling of 13 December 2018, which concluded that the Commission had no power to amend, as part of the second RDE package, the NOx emissions limits set by the Euro 6 standard; notes that the CJEU also concluded that the Commission failed to provide a sufficient technical explanation for the need to adjust the NOx emissions limits with the introduction of conformity factors; considers that the NOx emissions limits set by the Euro 6 standard are to be met under normal conditions of use and that the responsibility of the Commission is to design RDE tests so that they reflect real-world emissions;

11.  Regrets the decision of the Commission to appeal the judgment of the CJEU in cases T-339/16, T-352/16 and T-391/16, and asks the Commission to reverse its decision in the light of the recent developments;

12.  Asks the Commission to inform Parliament if the decision to appeal will push back the deadline established by the CJEU until which the conformity factors can remain in place;

13.  Calls on the Commission to respect the emissions limits currently in force, established in Regulation (EC) 715/2007, which are to be complied with during real driving conditions according to this Regulation, and not to introduce any new correction coefficients (i.e. conformity factors) that would make these legal limits less stringent;

14.  Regrets the fact that the OLAF report following its investigation in relation to the EIB loan ‘Antrieb RDI’ to Volkswagen AG was never made public, and regrets the weakness of the measures taken by the EIB;

Responsibilities of the Member States

15.  Calls on the Member States to provide, without delay, all information required by the Commission to prepare a report on the actions taken by the Commission and the Member States on the conclusions and recommendations of the EMIS Committee;

16.  Regrets the varying approaches and lack of coordination by Member States in recalling vehicles and offering exchange programmes; considers that these varying approaches undermine consumer interests, the protection of the environment, the health of citizens and the functioning of the internal market;

17.  Calls on the Member States to implement as a matter of urgency the measures necessary to recall or withdraw from the market the large number of highly polluting cars, and to cooperate fully with the Commission on a common approach for recall actions on the basis of Commission guidelines;

18.  Regrets the fact that the exchange programme and hardware retrofit requirements for German car manufacturers in Germany are not applied outside of Germany or to other car manufacturers in the Union;;

19.  Calls on Member States and car manufacturers to coordinate mandatory hardware retrofits for non-compliant diesel vehicles, including SCR hardware retrofits, to cut nitrogen dioxide (NO2) emissions and clean up the existing fleet; considers that the cost of these retrofits should be borne by the car manufacturer responsible;

20.  Calls on those Member States that have not yet provided any information on their recall programmes to the Commission to provide such information without further delay;

21.  Calls on the Member States to ensure the effectiveness of market surveillance checks and to test cars in circulation beyond RDE parameters to ensure that manufacturers do not optimise vehicles for these RDE tests using their own facilities, as suggested in the ECA briefing paper;

22.  Calls on the Member States involved in the relevant infringement procedures to fully cooperate with the Commission and provide it with all the information needed;

23.  Calls on the Member States to prevent car manufacturers from using new flexibilities in the worldwide harmonised light vehicle test procedure (WLTP) laboratory test as a means of lowering their CO2 emissions;

24.  Reminds the Member States to ensure that all cars in dealerships only use the WLTP CO2 values, to avoid any confusion on the part of consumers, and stresses that Member States should adjust vehicle taxation and fiscal incentives to WLTP values, respecting the principle that WLTP should not have a negative impact on consumers;

25.  Urges the Council of the European Union to take its responsibilities and adopt as a matter of urgency a general approach on the proposal for a Directive on representative actions for the protection of the collective interests of consumers and the proposal for a revision of Regulation (EU) 182/2011;

26.  Stresses the importance of ensuring a high and uniform level of consumer protection in the single market vis-à-vis any future manipulation by car manufacturers resulting in higher-than-expected emissions, and calls on the Member States to support the development of fair, affordable and timely collective redress procedures;

27.  Calls on the Member States and the Commission to take decisive steps to facilitate access to zero- and low-emission vehicles in all Member States, while avoiding an increased uptake of old, highly polluting vehicles in lower-income Member States;

28.  Stresses, in this regard, that the availability and accessibility of charging infrastructure, including in private and public buildings in accordance with the Energy Performance of Buildings Directive (EPBD)(14), and the competitiveness of electric vehicles are essential for increasing consumer acceptance;

29.  Urges the President of the European Council and the President of the Commission to attend the first plenary session of the European Parliament in April 2019 to answer any remaining questions regarding the EMIS conclusions and recommendations, the Ombudsman recommendation and other elements of this resolution;

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

(1) OJ L 113, 19.5.1995, p. 1.
(2) OJ L 10, 15.1.2016, p. 13.
(3) OJ L 171, 29.6.2007, p. 1.
(4) OJ L 263, 9.10.2007, p. 1.
(5) OJ L 151, 14.6.2018, p. 1.
(6) OJ L 109, 26.4.2016, p. 1.
(7) OJ L 152, 11.6.2008, p. 1.
(8) OJ C 355, 20.10.2017, p. 11.
(9) OJ C 204, 13.6.2018, p. 21.
(10) OJ C 298, 23.8.2018, p. 140.
(11) Judgment of the Court of Justice of 13 December 2018, Ville de Paris, Ville de Bruxelles, Ayuntamiento de Madrid v Commission, T-339/16, T-352/16 and T-391/16, ECLI:EU:T:2018:927.
(12) Texts adopted, P8_TA(2019)0186.
(13) OJ L 55, 28.2.2011, p. 13.
(14) Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency (OJ L 156, 19.6.2018, p. 75).


Decision establishing a European Peace Facility
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European Parliament recommendation of 28 March 2019 to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning the Proposal of the High Representative of the Union for Foreign Affairs and Security Policy, with the support of the Commission, to the Council for a Council Decision establishing a European Peace Facility (2018/2237(INI))
P8_TA(2019)0330A8-0157/2019

The European Parliament,

–  having regard to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU),

–  having regard to the UN Sustainable Development Goals (SDGs), in particular SDGs 1, 16 and 17, aimed at the promotion of peaceful and inclusive societies for sustainable development(1),

–  having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000,

–  having regard to Council Regulation (EU) 2015/322 of 2 March 2015 on the implementation of the 11th European Development Fund(2),

–  having regard to Council Decision (CFSP) 2015/528 of 27 March 2015 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) and repealing Decision 2011/871/CFSP(3),

–  having regard to Regulation (EU) No 230/2014 of the European Parliament and of the Council of 11 March 2014 establishing an instrument contributing to stability and peace(4),

–  having regard to Regulation (EU) 2017/2306 of the European Parliament and of the Council of 12 December 2017 amending Regulation (EU) No 230/2014 establishing an instrument contributing to stability and peace(5),

–  having regard to the Interinstitutional Declaration, annexed to Regulation (EU) 2017/2306, concerning sources of funding of assistance measures under Article 3a of Regulation (EU) No 230/2014 of the European Parliament and of the Council of 11 March 2014 establishing an instrument contributing to stability and peace(6),

–  having regard to Council Regulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the 11th European Development Fund(7),

–  having regard to Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment(8), and Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items(9),

–  having regard to the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies(10),

–  having regard to the Proposal of 13 June 2018 of the High Representative of the Union for Foreign Affairs and Security Policy, with the support of the Commission, to the Council for a Council Decision establishing a European Peace Facility (HR(2018) 94),

–  having regard to the European Council conclusions of 20 December 2013, 26 June 2015, 15 December 2016, 9 March 2017, 22 June 2017, 20 November 2017, 14 December 2017 and 28 June 2018,

–  having regard to the document entitled ‘Shared Vision, Common Action: A Stronger Europe – A Global Strategy for the European Union’s Foreign and Security Policy’, presented by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) on 28 June 2016,

–  having regard to the Council conclusions of 13 November 2017, 25 June 2018 and 19 November 2018 on security and defence in the context of the EU Global Strategy,

–  having regard to the Commission communication of 7 June 2017 entitled ‘Reflection Paper on the Future of European Defence’ (COM(2017)0315),

–  having regard to the Joint Communication of the Commission and the EEAS of 5 July 2016 on ‘Elements for an EU-wide strategic framework to support security sector reform’,

–  having regard to the European Court of Auditors’ special report No 20 of 18 September 2018 on ‘The African Peace and Security Architecture: need to refocus EU support’,

–  having regard to its resolution of 21 May 2015 on financing the Common Security and Defence Policy(11),

–  having regard to its resolution of 22 November 2016 on the European Defence Union(12),

–  having regard to its resolutions of 13 December 2017(13) and 12 December 2018(14) on the Annual Report on the implementation of the Common Security and Defence Policy (CSDP),

–  having regard to Rule 113 of its Rules of Procedure,

–  having regard to the report of the Committee on Foreign Affairs (A8-0157/2019),

A.  whereas the EU’s ambition is to be a global actor for peace, striving for the maintenance of international peace and security and respect for international humanitarian and human rights law;

B.  whereas the EU has a growing responsibility to safeguard its own security within a strategic environment that has significantly deteriorated over the last few years;

C.  whereas the challenging security environment surrounding the EU requires it to have strategic autonomy, which was acknowledged in June 2016 by the 28 Heads of State and Government in the EU Global Strategy, and which necessitates the provision of instruments which enhance the EU’s ability to preserve peace, prevent conflicts, promote peaceful, just and inclusive societies and strengthen international security; whereas it has been acknowledged that secure and peaceful societies are a prerequisite for lasting development;

D.  whereas the purpose of the European Peace Facility (hereinafter ‘EPF’ or ‘the Facility’) is not to militarise the European Union’s external action but to yield synergies and efficiency gains by providing a package approach to operational funding of external action that already exists today, and where funding from the EU budget is not possible;

E.  whereas the Treaty requires the EU and its institutions to implement a common foreign and security policy (CFSP), including the progressive framing of a common defence policy, which might lead to a common defence in accordance with the provisions of Article 42, thereby reinforcing European identity and its independence in order to promote peace, security and progress in Europe and in the world; whereas the proposed Facility is to be welcomed as a progressive step in this direction, and the VP/HR is to be encouraged to pursue its further development and implementation;

F.  whereas the EU is the world’s biggest provider of development and humanitarian aid, strengthening its security and development nexus towards achieving sustainable peace;

G.  whereas further use of Union funding and instruments should be encouraged for the purposes of improving cooperation, developing capabilities and deploying missions in the future, as well as to preserve peace, to prevent, manage and resolve conflicts, and to address threats to international security; underlines that the EPF should, in particular, finance the Union’s military missions, strengthen the military and defence capacities of third states, regional and international organisations, and contribute to the financing of peace support operations led by a regional or international organisation or by third states;

H.  whereas the EU has found it challenging in the past to finance operations with defence implications; whereas Parliament has repeatedly emphasised the need for funding that is more flexible and efficient and expresses solidarity and determination; whereas additional instruments and tools are necessary to ensure that the EU can play its role as a global actor in the field of security; whereas any such instruments need to be subject to proper parliamentary control and EU legislation;

I.  whereas women’s participation in peace processes remains one of the most unfulfilled aspects of the women, peace and security agenda, despite women being the primary victims of security and humanitarian crises and in spite of the fact that when women have an explicit role in peace processes, there is a 35 % increase in the probability of an agreement lasting at least 15 years;

J.  whereas internal and external security are increasingly intertwined; whereas the EU has taken significant steps to increase cooperation between its Member States in the area of defence; whereas the EU has always prided itself on its soft power and will keep doing so; whereas an evolving reality that gives rise to concerns, however, requires the EU not to remain an exclusively ‘civilian power’, but to develop and strengthen its military capabilities, which should be used in a consistent and coherent manner with all other EU external action; whereas development in third countries is not possible without security and peace; whereas the military plays a key role in this, especially in countries where civilian authorities are unable to fulfil their tasks in the light of the security situation; whereas the Facility has the clear potential to lead to a stronger engagement of the EU towards partner countries and will increase the effectiveness of EU external action, allowing the EU to become a relevant stability and security provider in the future;

K.  whereas the EU’s external action must not be instrumentalised as ‘migration management’, and all efforts to work with third states must go hand in hand with improving the human rights situation within these countries;

L.  whereas non-proliferation and disarmament will have a significant effect in reducing the fuelling of conflicts and contributing to more stability, in accordance with the obligations stemming from the Treaty on the Non‑Proliferation of Nuclear Weapons and Parliament’s related resolution on nuclear security and non-proliferation(15); whereas a world without weapons of mass destruction is a safer one; whereas the EU has been a leading actor in banning nuclear weapons and should expand its role in this sense;

M.  whereas the Treaties do not provide for any external military action of the Union outside the framework of the CSDP; whereas a genuine CFSP for all EU Member States increases the EU’s scope for external policy action; whereas the only external military action possible under the CSDP takes the form of missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the UN Charter as referred to in Article 42(1) of the TEU;

N.  whereas support to partners’ military peace support operations has up to now been provided outside of the EU budget through the African Peace Facility (APF), established under and funded by the European Development Fund (EDF); whereas the APF is currently limited to operations led by the African Union (AU) or by African regional organisations;

O.  whereas the EPF is expected to give the Union the capacity to contribute directly to the financing of peace support operations led by third states, as well as to the relevant international organisations, on a global basis and not limited to Africa or to the AU;

P.  whereas the proposed Facility will replace the Athena mechanism and the APF; whereas it will complement the Capacity Building for Security and Development initiative by financing the costs of EU defence activities such as AU peace-keeping missions, common costs of own military CSDP operations, and military capacity building of partners, which are excluded from the EU budget in accordance with Article 41(2) of the TEU;

Q.  whereas operations carried out under the Facility must comply with the principles and values enshrined in the Charter of Fundamental Rights and respect international humanitarian and human rights law; whereas operations which are not defined as ethically acceptable from the point of view of human safety, health and security, freedom, privacy, integrity and dignity, must be thoroughly assessed and reconsidered;

R.  whereas the current proportion of the common costs remains very low (estimated at approximately 5-10 % of all costs), and the high share of nation-borne costs and responsibilities in military operations based on the ‘costs lie where they fall’ principle runs counter to the principles of solidarity and burden-sharing, and further deters Member States from taking an active part in CSDP operations;

S.  whereas the proposed average annual envelope for the EPF is EUR 1 500 000 000, while the combined spending under the Athena mechanism and the APF has fluctuated between EUR 250 000 000 and EUR 500 000 000 annually; whereas the potential purposes of the additional EUR 1 000 000 000 per year are not adequately specified or guaranteed in the proposal;

T.  whereas as an off-budget mechanism financed through yearly contributions by Member States, based on a GNI distribution key, the EPF is expected to allow the EU to fund a higher proportion of the common costs (35-45 %) of military missions and operations, as is currently the case with the Athena mechanism; whereas the EPF is also expected to ensure that EU funding is available on a permanent basis, ensuring adequate programming for crisis preparedness and making rapid deployment easier, and improving flexibility in case of rapid response; whereas the ambitious inclusion and expansion of the Athena mechanism for the common funding of CSDP missions and operations has been a long-standing demand of Parliament; whereas, however, the proposed Council Decision does not have the same binding character as the internal agreement of the APF, which means that Member States may opt out from funding EPF actions;

U.  whereas through the increase of the common costs, the proposed Facility will enhance solidarity and burden-sharing between Member States, and encourage Member States, especially those lacking financial or operational resources, to contribute to CSDP operations;

V.  whereas in its conclusions of 19 November 2018, the Council is reserved in its support for the EPF proposal; whereas it is nonetheless important to work towards the adoption of an ambitious proposal containing all proposed components, including the Athena mechanism;

W.  whereas all military tasks under the Facility, such as joint disarmament operations, humanitarian and rescue tasks, military advice and assistance tasks, conflict prevention and peacekeeping tasks, tasks of combat forces in crisis management, including peacemaking and post-conflict stabilisation, the fight against terrorism, including by supporting third countries in combating terrorism in their territories as listed in Article 43(1) of the TEU, with full respect for human rights, fall within the remit of the CSDP; whereas the exception of Article 41(2) of the TEU applies to the operating expenditure arising from those military missions only; whereas all other operating expenditure arising from the CSDP, including expenditure arising from any other action referred to in Article 42 of the TEU, should be charged to the Union budget; whereas the administrative expenditure of the EPF should be charged to the Union budget;

X.  whereas under Article 41(2) of the TEU all operating expenditure to which the CFSP gives rise shall be charged to the Union budget except for expenditure arising from operations having military or defence implications; whereas Article 2 (a) and (d) of the proposal for a decision state respectively that the EPF should fund both ‘operations having military or defence implications’ and ‘other Union operational actions having military or defence implications’;

Y.  whereas under Article 21(2) (d) of the TEU, the Union shall define and pursue common policies and actions and shall work for high degree of cooperation in all fields of international relations, in order to foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty;

Z.  whereas according to Article 208(1), second paragraph of the TFEU: ‘ Union development cooperation policy shall have as its primary objective the reduction and, in the long term, the eradication of poverty’; whereas, according to the same paragraph, ‘the Union shall take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries’; whereas the second sentence forms a Treaty provision, and as such, a constitutional duty for the EU, referred to as ‘Policy Coherence for Development’ (PCD);

AA.  whereas military and civilian missions outside the Union need to be kept separate from each other in order to ensure that the civilian missions are funded from the Union budget only;

AB.  whereas the EU should grant the personnel of CSDP missions a status similar to that of seconded national experts by providing them with a uniform status and the best possible protection under the Union’s Staff Regulations; whereas all allowances arising from that status and all travel, subsistence and healthcare expenditure should be charged to the Union budget as administrative expenditure;

AC.  whereas the European Court of Auditors (ECA) has published a special report on the African Peace and Security Architecture funded via the APF, which is proposed to be included and expanded in the EPF; whereas the ECA finds that this support was poorly prioritised and had limited effect; whereas the recommendations from the ECA must be duly taken into account in view of the ambitious increased funding for the new Facility;

AD.  whereas no financial impact assessment regarding the administrative expenditure accompanied the proposal; whereas the administrative expenditure for the EPF has substantial implications for the EU budget; whereas no extra staff should be hired by or delegated to the EPF beyond the staff currently working on the instruments being replaced; whereas the synergies arising from bringing together the current distinct instruments in one administrative structure should facilitate managing the larger geographical scope of the EPF; whereas additional staff should only be recruited if and when the revenue for a mission or measure has been effectively collected from all participating Member States; whereas the time-limited character of the revenue calls for the contracts of staff recruited by the Facility or the secondments to the Facility for a particular mission or measure to have corresponding time limits; whereas no staff should be recruited by or seconded to the Facility from a Member State where it has made a formal declaration under Article 31(1) of the TEU for a particular mission or measure;

AE.  whereas the VP/HR should regularly consult Parliament on all main aspects and basic choices of the CFSP and CSDP and their subsequent evolution; whereas Parliament should be consulted and informed in a timely manner to allow it to present its views and ask questions, including on PCD, to the VP/HR and the Council before decisions are made or decisive action is taken; whereas the VP/HR should consider Parliament’s views, including on PCD, and incorporate them into his or her proposals, should reconsider decisions or parts of decisions that Parliament opposes, or withdraw such proposals, notwithstanding the possibility of a Member State advancing the initiative in such a case, and should propose Council decisions relating to the CSDP where invited by Parliament to do so; whereas Parliament should have a yearly debate with the VP/HR on operations funded by the Facility;

1.  Recommends the following to the Council:

   (a) not to decrease a Member State’s contribution to the Facility if the Member State has recourse to Article 31(1) of the TEU, as this would undermine the GNI key underlying the financing mechanism and the overall financing of the Facility;
   (b) to include in the decision a reference to Parliament’s role as discharge authority, as is currently the case with the EDF and therefore for the APF, in accordance with the relevant provisions of the financial regulations applicable to the EDF, with a view to preserving the consistency of the EU’s external action under the Fund and under its other relevant policies in line with Article 18 of the TEU and Article 21(2)(d) of the TEU read in combination with Article 208 of the TFEU;
   (c) to work on putting in place a mechanism within the European Parliament providing timely access, within strictly defined parameters, to information, including original documents, regarding the EPF annual budget, amending budgets, transfers, action programmes (including during the preparatory phase), implementation of assistance measures (including ad hoc measures), agreements with implementing actors, and reports on the implementation of revenue and expenditure, as well as the annual accounts, the financial statement, the evaluation report and the annual report by the ECA;
   (d) to agree to include access to all confidential documents in the negotiations for the updated Interinstitutional Agreement between the European Parliament and the Council concerning access of Parliament to sensitive information of the Council in the field of security and defence policy;
   (e) to ensure that operations, action programmes, ad hoc assistance measures and other operational actions funded by the Facility will not in any way violate or be used to violate the fundamental principles laid down in Article 21 of the TEU or be used to violate international law, in particular international humanitarian and human rights law;
   (f) to conclude the revision of the Athena mechanism before the end of this year if possible, and to incorporate it seamlessly into the EPF while preserving the mechanism’s operational efficiency and flexibility;
   (g) to ensure that the efficiency gains and the improved effectiveness offered by a single instrument are preserved when making the necessary adjustments to the proposal;
   (h) to incorporate the following amendments:
   to replace ‘Common Foreign and Security Policy’ by ‘Common Security and Defence Policy’ in recital (4) and Article 1;
   to add a new recital (10a) as follows: ‘(10a) Military advice and assistance tasks referred to in Article 43(1) of the TEU may take the form of strengthening the military and defence capacities of third states, regional and international organisations to preserve peace, to prevent, manage and resolve conflicts and to address threats to international security while strictly complying with international humanitarian law and international human rights law, and the criteria of Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, and Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items’;
   to add a new recital (10b) as follows: ‘(10b) Conflict prevention and peace-keeping tasks referred to in Article 43 (1) of the TEU may take the form of contributing to the financing of peace support operations led by a regional or international organisation or by third states.’;
   to add a new recital (10c) as follows: ‘(10c) Operations supported with EU funding must incorporate UN resolution 1325 on women, peace and security’;
   to amend point a) of Article 2 as follows: ‘a) contributing to the financing of missions under the Common Security and Defence Policy (CSDP) having military or defence implications’;
   to amend point b) of Article 2 as follows: ‘b) strengthening the military and defence capacities of third states, regional and international organisations to preserve peace, to prevent, manage and resolve conflicts and to address threats to international security and cybersecurity’;
   to add a new point 2a to Article 3 as follows: ‘2a. The annual breakdown of the administrative expenditure for this facility that is charged to the Union budget shall be set out in Annex I a (new) for information.’;
   to amend point c) of Article 5 as follows: ‘c) ‘operation’ means a military operation established under the Common Security and Defence Policy in accordance with Article 42 of the TEU to fulfil the tasks referred to in Article 43(1) of the TEU having military or defence implications, including a task entrusted to a group of Member States in accordance with Article 44 of the TEU’;
   to add a new subparagraph at the end of Article 6 as follows: ‘All civilian aspects, assets or missions under the CFSP and in particular under the CSDP, or parts thereof, shall be exclusively funded from the Union budget.’;
   to amend Article 7 as follows: ‘Any Member State, the High Representative or the High Representative with the support of the Commission may submit proposals for Union actions under Title V of the TEU to be financed by the Facility. The High Representative shall inform the European Parliament in a timely manner of any such proposal.’;
   to amend paragraph 1 of Article 10 as follows: ‘Consistency between the actions of the Union to be financed under the Facility and other Union actions under its other relevant policies shall be ensured in accordance with Articles 21 (3) and 26 (2) TEU. Actions of the Union to be financed under the Facility shall also be consistent with the objectives of those other Union policies towards third countries and international organisations;)’;
   to add a new paragraph 3a to Article 10 as follows: ‘3a. Twice a year the High Representative shall report to the European Parliament on the consistency referred to in paragraph 1.’;
   to add a new paragraph 2a to Article 11: ‘2a. The facility shall have a liaison officer to the European Parliament. In addition, the Deputy Secretary General for CSDP and Crisis Response shall have annual exchange of views with the relevant parliamentary body in order to provide regular briefings.’;
   to amend paragraph 1 of Article 12 as follows: ‘A Facility Committee (hereafter ‘the Committee’) composed of one representative of each participating Member State is established. Representatives of the European External Action Service (EEAS) and of the Commission shall be invited to attend the meetings of the Committee without taking part in its votes. Representatives of the European Defence Agency (EDA) may be invited to attend Committee meetings for items under discussion that relate to the EDA’s area of activity, without taking part in or being present at its votes. Representatives of the European Parliament may be invited to attend the Committee meetings without taking part in or being present at its votes.’;
   to amend paragraph 8 of Article 13 as follows: ‘8. The administrator shall ensure continuity of his/her functions through the administrative structure of the competent military EEAS structures referred to in Article 9.’;
   to add a new paragraph 8a. to Article 13 as follows: ‘8a. The administrator shall be involved in briefing the European Parliament.’;
   to add a new paragraph 8a. to Article 16 as follows: ‘8a. The operation commanders shall be involved in briefing the European Parliament.’;
   to amend paragraph 1 of Article 34 as follows: ‘The administrator shall propose to the Committee the appointment of an internal auditor of the Facility, and at least one deputy internal auditor, for a period of four years, renewable up to a total period not exceeding 8 years. Internal auditors must have the necessary professional qualifications and offer sufficient guarantees of security, objectivity and independence. The internal auditor may not be either the authorising officer or the accounting officer; he or she may not take part in the preparation of financial statements.’;
   to amend paragraph 4 of Article 47 as follows: ‘4. The final destination of equipment and infrastructure financed in common shall be approved by the Committee, taking into account operational needs, human rights, security and diversion risk assessment as regards certified end-use and end-users, and financial criteria. The final destination may be as follows:
   (i) in the case of infrastructure, be sold or transferred through the Facility to the host country, a Member State or a third party;
   (ii) in the case of equipment, be sold through the Facility to a Member State, the host country or a third party, or be stored and maintained by the Facility, a Member State or such a third party, for use in a subsequent operation.’;
   to amend paragraph 6 of Article 47 as follows: ‘6. Sale or transfer to the host country or a third party should be in accordance with international law, including the relevant human rights provisions and the ‘do no harm’ principles, and with the relevant security rules in force and strictly comply with the criteria of Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, and Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items’;
   to amend paragraph 1 of Article 48 as follows: ‘The High Representative may submit to the Council a concept for a possible Action Programme or a possible ad hoc assistance measure. The High Representative shall inform the European Parliament about any such Concept.’;
   to amend paragraph 1 of Article 49 as follows: ‘Action Programmes shall be approved by the Council on a proposal from the High Representative. The European Parliament shall be informed of the approved Action Programmes once adopted by the Council.’;
   to amend paragraph 3 of Article 50 as follows: ‘Where a request falls outside the existing Action Programmes, the Council may approve an ad hoc assistance measure on a proposal from the High Representative. The European Parliament shall be informed of the approved ad hoc assistance measures once adopted by the Council;’;
   to add a new point fa) to Article 52, paragraph 2 as follows: ‘fa) A detailed list of equipment funded under the Facility shall be made available;’;
   to amend point b) of Article 53, paragraph 1, as follows: ‘b) delivered effectively to the armed forces of the third state concerned provided that compliance with the criteria of Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, and Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items has been assessed;’;
   to amend point d) of Article 53, paragraph 1, as follows: ‘d) used in accordance with Union policies, with due regard for international law, notably concerning human rights, and end-user certificates, in particular clauses on retransfers;’;
   to amend point e) of Article 53, paragraph 1 as follows: ‘e) managed in compliance with any restriction or limitation on their use, sale or transfer decided by the Council or by the Committee, and in accordance with the relevant end-user certificates, the criteria of Council Common Position 2008/944/CFSP of 8 December 2008 defining common rules governing control of exports of military technology and equipment, and Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items;’;
   to amend paragraph 1 of Article 54 as follows: ‘Any implementing actor entrusted with the implementation of expenditure financed through the Facility shall respect the principles of sound financial management and transparency, shall have undertaken the necessary risk assessments and end-use checks, and shall have due regard for EU fundamental values and international law, notably concerning human rights and the ‘do no harm’ principles. Any such implementing actor shall be submitted to a prior risk assessment to gauge the possible human rights and governance risks.’;

2.  Recommends the following to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy:

   (a) to consult Parliament on the recommended amendments, and to ensure that Parliament’s views are taken into consideration, in line with Article 36 of the TEU;
   (b) in line with Article 36 of the TEU, to fully implement Parliament’s views when preparing proposals for multi-year ‘action programmes’ or ad hoc assistance measures, including by withdrawing proposals that are opposed by Parliament;
   (c) to provide a full financial impact assessment for the decision, given its implications for the EU budget, outlining in particular additional personnel needs;
   (d) to submit draft Council decisions relating to the EPF to Parliament for consultation at the same time as they are submitted to the Council or to the Political and Security Committee, leaving Parliament time to present its views; invites the VP/HR to amend draft Council decisions where asked to do so by Parliament;
   (e) to ensure, in line with Article 18 of the TEU, complementarity with existing EU funds, programmes and instruments, the consistency of the EPF with all other aspects of the EU’s external action, notably as regards the Capacity Building for Security and Development initiative (CBSD) and the proposed Neighbourhood, Development and International Cooperation Instrument (NDICI), which should in all cases be implemented in the framework of the wider security sector reform programme, which must have strong components on good governance, provisions against gender‑based violence, and, in particular, on civilian oversight over the security system and democratic control of the armed forces;
   (f) to provide regular feedback to Parliament on the progress made in implementing Resolution 1325 on women and peace and security, and to consult Parliament on the recommended gender component focusing on the role of women in the prevention and resolution of conflicts, and in post-conflict reconstruction and peace negotiations, as well as regular assessments of the measures taken to protect vulnerable people, including women and girls, from violence in conflict situations;
   (g) to ensure, in line with Article 18 of the TEU, the consistency of the EPF with all other aspects of the EU’s external action, including its development and humanitarian policies, and with a view to fostering the development of the third countries concerned, and to reducing and eradicating poverty in them;

3.  Instructs its President to forward this recommendation to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy and, for information, to the European External Action Service and the Commission.

(1) https://sustainabledevelopment.un.org/
(2) OJ L 58, 3.3.2015, p. 1.
(3) OJ L 84, 28.3.2015, p. 39.
(4) OJ L 77, 15.3.2014, p. 1.
(5) OJ L 335, 15.12.2017, p. 6.
(6) OJ L 335, 15.12.2017, p. 6.
(7) OJ L 58, 3.3.2015, p. 17.
(8) OJ L 335, 13.12.2008, p. 99.
(9) OJ L 134, 29.5.2009, p. 1.
(10) OJ L 210, 6.8.2013, p. 1.
(11) OJ C 353, 27.9.2016, p. 68.
(12) OJ C 224, 27.6.2018, p. 18.
(13) OJ C 369, 11.10.2018, p. 36.
(14) Texts adopted, P8_TA(2018)0514.
(15) OJ C 215, 19.6.2018, p. 202.

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