Index 
Texts adopted
Thursday, 4 April 2019 - BrusselsFinal edition
Non-objection to a delegated act: date until which counterparties may continue to apply their risk-management procedures for certain OTC derivative contracts not cleared by a CCP
 Non-objection to a delegated act: date at which the clearing obligation takes effect for certain types of contracts
 Request for waiver of the immunity of Georgios Epitideios
 Request for waiver of the immunity of Lampros Fountoulis
 Request for waiver of the immunity of Eleftherios Synadinos
 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, as regards the UK's withdrawal from the EU ***I
 Guidelines for the employment policies of the Member States *
 Waste management
 Enforcement requirements and specific rules for posting drivers in the road transport sector ***I
 Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs ***I
 Adapting to development in the road transport sector ***I
 Common rules for the internal market for natural gas ***I
 European Maritime and Fisheries Fund ***I
 Multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea ***I
 Strengthening the security of identity cards and of residence documents issued to Union citizens ***I
 Road infrastructure safety management ***I
 Pan-European Personal Pension Product (PEPP) ***I
 Work-life balance for parents and carers ***I
 Protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States ***I
 European Social Fund Plus (ESF+) ***I
 Computerising the movement and surveillance of excise goods ***I
 Re-use of public sector information ***I
 Multiannual recovery plan for Mediterranean swordfish ***I
 Minimum level of training of seafarers ***I
 Adjustment of annual pre-financing for the years 2021 to 2023 ***I
 Temporary reintroduction of border control at internal borders ***I
 Seeking an opinion from the Court of Justice relating to the EU accession to the Convention on preventing and combating violence against women and domestic violence
 Tax treatment of pension products, including the pan European Personal Pension Product

Non-objection to a delegated act: date until which counterparties may continue to apply their risk-management procedures for certain OTC derivative contracts not cleared by a CCP
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European Parliament decision to raise no objections to the Commission delegated regulation of 28 March 2019 amending Delegated Regulation (EU) 2016/2251 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date until which counterparties may continue to apply their risk-management procedures for certain OTC derivative contracts not cleared by a CCP ((C(2019)02530 – 2019/2679(DEA))
P8_TA(2019)0331B8-0234/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2019)02530),

–  having regard to the Commission’s letter of 28 March 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 1 April 2019,

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

–  having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories(1), and in particular Articles 11(5) and 82(6) thereof,

–  having regard to Commission Delegated Regulation (EU) 2019/397 of 19 December 2018 amending Delegated Regulation (EU) 2016/2251 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date until which counterparties may continue to apply their risk-management procedures for certain OTC derivative contracts not cleared by a CCP(2),

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

–  having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 105(6) of its Rules of Procedure, which expired on 4 April 2019,

A.  whereas pursuant to Article 4 of Commission Delegated Regulation (EU) 2019/397, the regulation is to apply from the date following that on which the Treaties cease to apply to and in the United Kingdom pursuant to Article 50(3) of the Treaty on European Union (TEU), unless a withdrawal agreement has entered into force by that date or the two-year period referred to in Article 50(3) of the TEU has been extended;

B.  whereas on 22 March 2019 the European Council adopted Decision (EU) 2019/476(3) extending the period under Article 50(3) of the TEU in agreement with the United Kingdom, and whereas, consequently, the second condition for the application of Delegated Regulation (EU) 2019/397, namely that the two-year period referred to in Article 50(3) of the TEU has not been extended, will not be fulfilled;

C.  whereas the reasons underlying Delegated Regulation (EU) 2019/397 will remain, regardless of any extension of the period referred to in Article 50(3) of the TEU, and whereas Parliament declared on 13 February 2019 that it had no objections to Delegated Regulation (EU) 2019/397;

D.  whereas Parliament still agrees on the importance for competent authorities and financial markets of exempting certain transactions resulting from a novation, for a limited period of 12 months, if the counterparty established in the UK is changed to a counterparty within the EU-27, and in this context welcomes the delegated regulation of 28 March 2019 which addresses the new development of the extension of the period under Article 50(3) of the TEU by European Council Decision (EU) 2019/476;

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

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

(1) OJ L 201, 27.7.2012, p. 1.
(2) OJ L 71, 13.3.2019, p. 15.
(3) European Council Decision (EU) 2019/476 taken in agreement with the United Kingdom of 22 March 2019 extending the period under Article 50(3)TEU (OJ L 80I, 22.3.2019, p. 1),


Non-objection to a delegated act: date at which the clearing obligation takes effect for certain types of contracts
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European Parliament decision to raise no objections to the Commission delegated regulation of 28 March 2019 amending Delegated Regulation (EU) 2015/2205, Delegated Regulation (EU) 2016/592 and Delegated Regulation (EU) 2016/1178 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date at which the clearing obligation takes effect for certain types of contracts (C(2019)02533 – 2019/2680(DEA))
P8_TA(2019)0332B8-0235/2019

The European Parliament,

–  having regard to the Commission delegated regulation (C(2019)02533),

–  having regard to the Commission’s letter of 28 March 2019 asking Parliament to declare that it will raise no objections to the delegated regulation,

–  having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 1 April 2019,

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

–  having regard to Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories(1), and in particular Articles 5(2) and 82(6) thereof,

–  having regard to Commission Delegated Regulation (EU) 2019/396 of 19 December 2018 amending Delegated Regulation (EU) 2015/2205, Delegated Regulation (EU) 2016/592 and Delegated Regulation (EU) 2016/1178 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council as regards the date at which the clearing obligation takes effect for certain types of contracts(2),

–  having regard to the recommendation for a decision of the Committee on Economic and Monetary Affairs,

–  having regard to Rule 105(6) of its Rules of Procedure,

–  having regard to the fact that no objections have been raised within the period laid down in the third and fourth indents of Rule 105(6) of its Rules of Procedure, which expired on 4 April 2019,

A.  whereas pursuant to Article 4 of Commission Delegated Regulation (EU) 2019/396, the regulation is to apply from the date following that on which the Treaties cease to apply to and in the United Kingdom pursuant to Article 50(3) of the Treaty on European Union (TEU), unless a withdrawal agreement has entered into force by that date or the two‑year period referred to in Article 50(3) of the TEU has been extended;

B.  whereas on 22 March 2019 the European Council adopted Decision (EU) 2019/476(3) extending the period under Article 50(3) of the TEU in agreement with the United Kingdom, and whereas, consequently, the second condition for the application of Delegated Regulation (EU) 2019/396, namely that the two‑year period referred to in Article 50(3) of the TEU has not been extended, will not be fulfilled;

C.  whereas the reasons underlying Delegated Regulation (EU) 2019/396 will remain, regardless of any extension of the period referred to in Article 50(3) of the TEU, and whereas Parliament declared on 13 February 2019 that it had no objections to Delegated Regulation (EU) 2019/396;

D.  whereas Parliament still agrees on the importance for competent authorities and financial markets of exempting certain transactions resulting from a novation, for a limited period of 12 months, if the counterparty established in the UK is changed to a counterparty within the EU-27, and in this context welcomes the delegated regulation of 28 March 2019 which addresses the new development of the extension of the period under Article 50(3) of the TEU by European Council Decision (EU) 2019/476;

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

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

(1) OJ L 201, 27.7.2012, p. 1.
(2) OJ L 71, 13.3.2019, p. 11.
(3) European Council Decision (EU) 2019/476 taken in agreement with the United Kingdom of 22 March 2019 extending the period under Article 50(3)TEU (OJ L 80I, 22.3.2019, p. 1).


Request for waiver of the immunity of Georgios Epitideios
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European Parliament decision of 4 April 2019 on the request for waiver of the immunity of Georgios Epitideios (2018/2268(IMM))
P8_TA(2019)0333A8-0185/2019

The European Parliament,

–  having regard to the request for waiver of the immunity of Georgios Epitideios, forwarded on 12 October 2018 by the Deputy Public Prosecutor of the Supreme Court of Greece, in connection with procedure No ABM: 2017/10839 and announced in plenary on 13 November 2018,

–  having heard Georgios Epitideios in accordance with Rule 9(6) of its Rules of Procedure,

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

–  having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013(1),

–  having regard to Article 62 of the Constitution of Greece,

–  having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0185/2019),

A.  whereas the Deputy Public Prosecutor’s Office of the Supreme Court of Greece has requested the waiver of the immunity of Georgios Epitideios, Member of the European Parliament, in connection with possible legal action concerning an alleged offence;

B.  whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament enjoy, in the territory of their own state, the immunities accorded to members of the parliament of that state;

C.  whereas Article 62 of the Constitution of Greece provides that, during their parliamentary term, members of parliament may not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by parliament;

D.  whereas the request of the Deputy Public Prosecutor of the Supreme Court of Greece relates to proceedings concerning alleged breach of Article 45 and Article 232A of the Greek Criminal Code, which concern joint violation of a court ruling;

E.  whereas Georgios Epitideios is accused of having failed to comply with the interim ruling No 3603/2015 of the Athens single-judge court of first instance ordering the removal of all cameras from the ground floor and the entrance of the building located at No 73 Odos Grammou in Marousi (Attica) and the payment of a fine of EUR 600 (six hundred euros) for each future infringement of the ruling of 25 May 2015;

F.  whereas, pursuant to Rule 9(8) of the Rules of Procedure, the Committee on Legal Affairs shall not, under any circumstances, pronounce on the guilt or otherwise of the Member, nor on whether or not the opinions or acts attributed to him justify prosecution, even if, in considering the request, the committee acquires detailed knowledge of the facts of the case;

G.  whereas it is also not for the European Parliament to take a stance on the guilt or otherwise of the Member or whether the acts attributed to the Member warrant the opening of criminal proceedings, nor to pronounce itself on the relative merits of national legal and judicial systems;

H.  whereas in accordance with Rule 5(2) of the Rules of Procedure of the European Parliament, parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members;

I.  whereas the purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties;

J.  whereas the prosecution does not concern opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament in question for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

K.  whereas on the basis of the information and explanations provided in this case, there is no reason to suspect that the intention underlying criminal proceedings is to damage a Member’s political activity or reputation and thus the independence of Parliament (fumus persecutionis);

1.  Decides to waive the immunity of Georgios Epitideios;

2.  Instructs its President to forward this decision and the report of its committee responsible immediately to the Greek authorities and to Georgios Epitideios.

(1) Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


Request for waiver of the immunity of Lampros Fountoulis
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European Parliament decision of 4 April 2019 on the request for waiver of the immunity of Lampros Fountoulis (2018/2269(IMM))
P8_TA(2019)0334A8-0183/2019

The European Parliament,

–  having regard to the request for waiver of the immunity of Lampros Fountoulis, forwarded on 12 October 2018 by the Deputy Public Prosecutor of the Supreme Court of Greece, in connection with procedure No ABM: 2017/10839 and announced in plenary on 13 November 2018,

–  having heard Lampros Fountoulis in accordance with Rule 9(6) of its Rules of Procedure,

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

–  having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013(1),

–  having regard to Article 62 of the Constitution of Greece,

–  having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0183/2019),

A.  whereas the Deputy Public Prosecutor’s Office of the Supreme Court of Greece has requested the waiver of the immunity of Lampros Fountoulis, Member of the European Parliament, in connection with possible legal action concerning an alleged offence;

B.  whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament enjoy, in the territory of their own state, the immunities accorded to members of the parliament of that state;

C.  whereas Article 62 of the Constitution of Greece provides that, during their parliamentary term, members of parliament may not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by parliament;

D.  whereas the request of the Deputy Public Prosecutor of the Supreme Court of Greece relates to proceedings concerning alleged breach of Article 45 and Article 232A of the Greek Criminal Code, which concern joint violation of a court ruling;

E.  whereas Lampros Fountoulis is accused of having failed to comply with the interim ruling No 3603/2015 of the Athens single-judge court of first instance ordering the removal of all cameras from the ground floor and the entrance of the building located at No 73 Odos Grammou in Marousi (Attica) and the payment of a fine of EUR 600 (six hundred euros) for each future infringement of the ruling of 25 May 2015;

F.  whereas, pursuant to Rule 9(8) of the Rules of Procedure, the Committee on Legal Affairs shall not, under any circumstances, pronounce on the guilt or otherwise of the Member, nor on whether or not the opinions or acts attributed to him justify prosecution, even if, in considering the request, the committee acquires detailed knowledge of the facts of the case;

G.  whereas it is also not for the European Parliament to take a stance on the guilt or otherwise of the Member or whether the acts attributed to the Member warrant the opening of criminal proceedings, nor to pronounce itself on the relative merits of national legal and judicial systems;

H.  whereas in accordance with Rule 5(2) of the Rules of Procedure of the European Parliament, parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members;

I.  whereas the purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties;

J.  whereas the prosecution does not concern opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament in question for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

K.  whereas on the basis of the information and explanations provided in this case, there is no reason to suspect that the intention underlying criminal proceedings is to damage a Member’s political activity or reputation and thus the independence of Parliament (fumus persecutionis);

1.  Decides to waive the immunity of Lampros Fountoulis;

2.  Instructs its President to forward this decision and the report of its committee responsible immediately to the Greek authorities and to Lampros Fountoulis.

(1) Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


Request for waiver of the immunity of Eleftherios Synadinos
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European Parliament decision of 4 April 2019 on the request for waiver of the immunity of Eleftherios Synadinos (2018/2270(IMM))
P8_TA(2019)0335A8-0184/2019

The European Parliament,

–  having regard to the request for waiver of the immunity of Eleftherios Synadinos, forwarded on 12 October 2018 by the Deputy Public Prosecutor of the Supreme Court of Greece, in connection with procedure No ABM: 2017/10839 and announced in plenary on 13 November 2018,

–  having heard Eleftherios Synadinos in accordance with Rule 9(6) of its Rules of Procedure,

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

–  having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013(1),

–  having regard to Article 62 of the Constitution of Greece,

–  having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

–  having regard to the report of the Committee on Legal Affairs (A8-0184/2019),

A.  whereas the Deputy Public Prosecutor’s Office of the Supreme Court of Greece has requested the waiver of the immunity of Eleftherios Synadinos, Member of the European Parliament, in connection with possible legal action concerning an alleged offence;

B.  whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament enjoy, in the territory of their own state, the immunities accorded to members of the parliament of that state;

C.  whereas Article 62 of the Constitution of Greece provides that, during their parliamentary term, members of parliament may not be prosecuted, arrested, imprisoned or otherwise confined without prior leave granted by parliament;

D.  whereas the request of the Deputy Public Prosecutor of the Supreme Court of Greece relates to proceedings concerning alleged breach of Article 45 and Article 232A of the Greek Criminal Code, which concern joint violation of a court ruling;

E.  whereas Eleftherios Synadinos is accused of having failed to comply with the interim ruling No 3603/2015 of the Athens single-judge court of first instance ordering the removal of all cameras from the ground floor and the entrance of the building located at No 73 Odos Grammou in Marousi (Attica) and the payment of a fine of EUR 600 (six hundred euros) for each future infringement of the ruling of 25 May 2015;

F.  whereas, pursuant to Rule 9(8) of the Rules of Procedure, the Committee on Legal Affairs shall not, under any circumstances, pronounce on the guilt or otherwise of the Member, nor on whether or not the opinions or acts attributed to him justify prosecution, even if, in considering the request, the committee acquires detailed knowledge of the facts of the case;

G.  whereas it is also not for the European Parliament to take a stance on the guilt or otherwise of the Member or whether the acts attributed to the Member warrant the opening of criminal proceedings, nor to pronounce itself on the relative merits of national legal and judicial systems;

H.  whereas in accordance with Rule 5(2) of the Rules of Procedure of the European Parliament, parliamentary immunity is not a Member’s personal privilege but a guarantee of the independence of Parliament as a whole and of its Members;

I.  whereas the purpose of parliamentary immunity is to protect Parliament and its Members from legal proceedings in relation to activities carried out in the performance of parliamentary duties and which cannot be separated from those duties;

J.  whereas the prosecution does not concern opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament in question for the purposes of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

K.  whereas on the basis of the information and explanations provided in this case, there is no reason to suspect that the intention underlying criminal proceedings is to damage a Member’s political activity or reputation and thus the independence of Parliament (fumus persecutionis);

1.  Decides to waive the immunity of Eleftherios Synadinos;

2.  Instructs its President to forward this decision and the report of its committee responsible immediately to the Greek authorities and to Eleftherios Synadinos.

(1) Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543; judgment of the General Court of 17 January 2013, Gollnisch v Parliament, T-346/11 and T-347/11, ECLI:EU:T:2013:23.


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, as regards the UK's withdrawal from the EU ***I
PDF 122kWORD 43k
Resolution
Text
European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council amending Council 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, as regards the withdrawal of the United Kingdom from the Union (COM(2018)0745 – C8-0483/2018 – 2018/0390(COD))
P8_TA(2019)0336A8-0047/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0745),

–  having regard to Article 294(2) and Article 77(2)(a) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0483/2018),

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

–  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 2 April 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 Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0047/2019),

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 4 April 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council amending Regulation (EU) 2018/1806 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, as regards the withdrawal of the United Kingdom from the Union

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/592.)


Guidelines for the employment policies of the Member States *
PDF 112kWORD 41k
European Parliament legislative resolution of 4 April 2019 on the proposal for a Council decision on guidelines for the employment policies of the Member States (COM(2019)0151 – C8-0131/2019 – 2019/0056(NLE))
P8_TA(2019)0337A8-0177/2019

(Consultation)

The European Parliament,

–  having regard to the Commission proposal to the Council (COM(2019)0151),

–  having regard to Article 148(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8‑0131/2019),

–  having regard to Rule 78c of its Rules of Procedure,

–  having regard to the report of the Committee on Employment and Social Affairs (A8-0177/2019),

1.  Approves the Commission proposal;

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

3.  Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

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


Waste management
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European Parliament resolution of 4 April 2019 on waste management (2019/2557(RSP))
P8_TA(2019)0338B8-0231/2019

The European Parliament,

–  having regard to Article 191 of the Treaty on the Functioning of the European Union (TFEU),

–  having regard to Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste(1) (the Waste Framework Directive),

–  having regard to Directive (EU) 2018/850 of the European Parliament and of the Council of 30 May 2018 amending Directive 1999/31/EC on the landfill of waste(2),

–  having regard to Directive (EU) 2018/852 of the European Parliament and of the Council of 30 May 2018 amending Directive 94/62/EC on packaging and packaging waste(3),

–  having regard to Directive (EU) 2018/849 of the European Parliament and of the Council of 30 May 2018 amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment(4),

–  having regard to Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013(5) (the Climate Action Regulation),

–  having regard to Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products(6), and to the implementing regulations and voluntary agreements adopted under that directive,

–  having regard to its resolution of 13 September 2018 on a European strategy for plastics in a circular economy(7),

–  having regard to its resolution of 17 April 2018 on the implementation of the 7th Environment Action Programme(8),

–  having regard to its resolution of 6 July 2017 on EU action for sustainability(9),

–  having regard to its resolution of 4 July 2017 on a longer lifetime for products: benefits for consumers and companies(10),

–  having regard to its resolution of 31 May 2018 on the implementation of the Ecodesign Directive (2009/125/EC)(11),

–  having regard to the provisional political agreement reached by the co-legislators on 19 December 2018 on the proposal for a directive on the reduction of the impact of certain plastic products on the environment,

–  having regard to the Commission communication of 26 January 2017 on the role of waste-to-energy in the circular economy (COM(2017)0034),

–  having regard to the Commission communication of 16 January 2018 on the implementation of the circular economy package: options to address the interface between chemical, product and waste legislation (COM(2018)0032) and to the related staff working document (SWD(2018)0020),

–  having regard to the Commission communication of 2 December 2015 entitled ‘Closing the loop – An EU action plan for the Circular Economy’ (COM(2015)0614),

–  having regard to the more than 60 petitions on waste management received from Belgium, Bulgaria, Greece, Italy, Poland, Slovakia, Spain and the UK by the European Parliament during the last few years,

–  having regard to the fact-finding visits of the Committee on Petitions to Bulgaria, Greece and Italy in recent years on waste management issues, and in particular the conclusions and specific recommendations of the subsequent reports,

–  having regard to its resolution of 2 February 2012 on the issues raised by petitioners in relation to the application of the Waste Management Directive, and related directives, in the Member States of the European Union(12),

–  having regard to Rule 216(2) of its Rules of Procedure,

A.  whereas progress has been made across the EU in reducing the impacts of waste generation on the environment and human health, yet many challenges remain and urgent measures need to be taken to ensure sustainable resource management, especially in relation to the relatively high amounts of untreated waste that are still landfilled in many Member States;

B.  whereas two of the key challenges for the future are to reduce levels of waste generation and to align waste management objectives with those of the circular economy, in particular by boosting reuse and recycling rates;

C.  whereas prevention has been established as the top priority of the waste hierarchy through Waste Framework Directive 2008/98/EC;

D.  whereas inappropriate waste management practices have a severe environmental impact in terms of soil, water and air pollution; whereas petitioners have pointed out that landfills and incinerators have been authorised and made operational in close proximity to residential and agricultural sites and in areas where geological and hydrogeological conditions have not been taken duly into account by the Member States’ competent authorities, and represent a direct threat to public health;

E.  whereas more than 80 % of a product’s environmental impact is determined at the design stage, which thus plays an important role in promoting waste prevention and all circular economy aspects, such as the durability, upgradability, reparability, reuse and recycling of a product;

F.  whereas in addition to making more sustainable and resource-efficient products, the principles of the sharing economy and the service economy can also serve the purpose of reducing waste generation in Europe;

G.  whereas the Commission has handled numerous infringement procedures concerning breach of EU waste management legislation in several Member States; whereas several of these cases have been referred to the Court of Justice of the European Union, some of them recently;

H.  whereas the latest report from the Commission on the implementation of EU waste legislation, including the early warning report for Member States at risk of falling behind in their preparations for reaching the 2020 reuse/recycling target for municipal waste, showed that there are serious gaps that must be swiftly addressed if Europe is to reap the environmental and economic benefits of the circular economy;

I.  whereas recent data accompanying numerous petitions have highlighted the fact that the waste management situation in several Member States and regions is still seriously problematic, providing strong evidence of the need to significantly improve the implementation of the Waste Framework Directive and the rest of the EU legislation related to waste prevention and treatment measures;

J.  whereas an economy that prioritises repair, reuse, remanufacturing and recycling of materials is more labour-intensive than one based on a philosophy of disposal, thus creating increased job opportunities; whereas the proper implementation of the existing legislation on waste prevention and management could unlock the job creation potential of the reuse and recycling sectors;

K.  whereas proper management of waste and waste prevention is essential for improving the quality of life in Europe and achieving a non-toxic environment;

1.  Stresses that numerous petitions submitted on the failure of Member States to implement waste legislation point to various health and environmental problems linked to inappropriate waste management practices, such as poor air quality in urban areas, contamination of underground water resources, excessive noise levels and odorous emissions;

2.  Underlines that in order to support the transition towards a more circular economy, public financing of waste management, whether at national or EU level, should be consistent with the goal of shifting upwards in the implementation of the waste hierarchy; therefore believes that funds should be directed towards prevention, reuse, separate collection and recycling plans and projects;

3.  Calls on the Member States to make more progress in setting out effective plans and projects for prevention, reuse, separate collection and recycling as being crucial for reducing the environmental burden of waste, reaping the economic benefits of the circular economy and improving resource efficiency; urges the Commission to support Member States in their implementation efforts, including through technical assistance and EU funds; suggests adopting adequate economic instruments as laid down in the Waste Framework Directive and implementing efficient and cost-effective extended producer responsibility schemes to boost the transition towards the circular economy;

4.  Calls on the Member States to take measures to clean up litter and improve waste management (collection, sorting and recycling), and to adopt economic instruments and awareness-raising campaigns to prevent littering;

5.  Welcomes the Commission’s willingness to undertake high-level circular economy/waste visits to Member States which are at risk of not meeting the 2020 municipal waste targets and to engage with relevant stakeholders, including associations of local and regional actors and Europe-wide organisations that are genuinely promoting a zero waste culture and associated policies;

6.  Stresses that the Member States need to mitigate the environmental impacts of waste generation, in particular by reducing the amount of municipal waste generation; calls on the Member States, to this end, to take waste prevention measures as set out in the revised Waste Framework Directive;

7.  Highlights that national, regional and local actors have a crucial role in waste management and in policy development and implementation on the matter; recalls that a coherent policy, together with advancement of the appropriate infrastructure in line with the waste hierarchy, can only be established by coordination and cooperation at all levels in the EU; asks the Commission to reward best practices at all levels and facilitate their exchange, as well as to concretely and adequately support pioneering projects;

8.  Calls on Member States and industries, as key partners in the waste management sector, to improve their engagement in promoting circular supply chains, in order to gain access to high-quality secondary raw materials, often at competitive prices, that should be recovered for further use and production;

9.  Calls for the provision of training and the promotion of a range of types of employment, including financial support for high-level skills training and social jobs, in particular in the areas of repair and preparation for reuse;

10.  Believes strongly that new business models focused on waste prevention, reuse and recycling must be adequately promoted and supported with a view to boosting more effectively the transition towards a circular economy;

11.  Underlines that the proper implementation of the circular economy package provides opportunities throughout the EU, including investment, which will help rationalise the use of natural resources;

12.  Highlights that raising resource productivity by boosting efficiency and reducing resource waste through measures such as reuse, recycling and remanufacturing can greatly reduce both resource consumption and GHG emissions, a goal which is at the heart of the circular economy; underlines that in a circular economy the resources are retained within the economy and remain in productive use when a product has reached the end of its life, thus reducing resource consumption; believes, in the context of the waste legislation, that improved circular product design will help close the production cycles and bring about a switch in production and consumption patterns, thereby reducing the levels of toxic substances and the overall amount of waste;

13.  Invites the Member States to ensure full transparency over the volume and end destination of residues from different waste treatment options, especially in respect of those communities that are potentially affected by sites and new projects, and to consult them in the decision-making process; urges the Member States, moreover, to implement fully and thoroughly the provisions of 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 (the Environmental Impact Assessment Directive)(13) and other relevant EU legislation aimed at protecting the environment and public health;

14.  Considers that door-by-door separate collection of waste is an effective way to raise awareness across the population of the strategic importance of a circular economy, and to more effectively achieve a collective engagement to this end; underlines that such systems allow better accounting regarding the types and amounts of household waste produced and their related processing needs, with a view to maximising preparation for reuse and recycling, as well as enabling the introduction of fairer incentivising/de-incentivising economic measures;

15.  Recalls that incineration remains second only to landfilling at the bottom of the waste hierarchy;

16.  Recalls that hazardous waste poses specific treatment challenges which cannot be overlooked and should be specifically addressed; calls on the Member States to fully implement the provisions of the Waste Framework Directive relevant to the management of hazardous waste;

17.  Supports the Commission in its ongoing infringement procedures against Member States not complying with the waste legislation; calls on the Commission to use the full potential of the early warning system as laid down in the revised waste directives; suggests that penalty fines collected by the Commission should be reinvested in projects that are consistent with the highest levels of the waste hierarchy;

18.  Regrets the fact that, according to petitioners, landfills have been authorised and located in close proximity to residential and agricultural sites; calls on the Member States’ competent authorities to ensure full protection of human health and to adopt structural measures aimed at finding a solution to groundwater contamination;

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

(1) OJ L 150, 14.6.2018, p. 109.
(2) OJ L 150, 14.6.2018, p. 100.
(3) OJ L 150, 14.6.2018, p. 141.
(4) OJ L 150, 14.6.2018, p. 93.
(5) OJ L 156, 19.6.2018, p. 26.
(6) OJ L 285, 31.10.2009, p. 10.
(7) Texts adopted, P8_TA(2018)0352.
(8) Texts adopted, P8_TA(2018)0100.
(9) OJ C 334, 19.9.2018, p. 151.
(10) OJ C 334, 19.9.2018, p. 60.
(11) Texts adopted, P8_TA(2018)0241.
(12) OJ C 239 E, 20.8.2013, p. 60.
(13) OJ L 26, 28.1.2012, p. 1.


Enforcement requirements and specific rules for posting drivers in the road transport sector ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 4 April 2019 on the proposal for a directive of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector (COM(2017)0278 – C8-0170/2017 – 2017/0121(COD))
P8_TA(2019)0339A8-0206/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0278),

–  having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0170/2017),

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

–  having regard to the opinion of the European Economic and Social Committee of 18 January 2018(1),

–  having regard to the opinion of the Committee of the Regions of 1 February 2018(2),

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

–  having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Employment and Social Affairs (A8-0206/2018),

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 4 April 2019 with a view to the adoption of Directive (EU) .../… of the European Parliament and of the Council amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘IMI Regulation’) [Am. 764]

P8_TC1-COD(2017)0121


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,

Having regard to the proposal from the European Commission,

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

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

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

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

Whereas:

(-1)   Given the high mobility of workforce in the road transport sector, sector-specific rules are needed to ensure the balance between the freedom to provide cross-border services for operators, the free movement of goods and the social protection of drivers. Therefore, the aim of this Directive is to provide legal certainty and clarity, to contribute to the harmonisation and fostering of enforcement and to the fight against illegal practices and lower administrative burden. [Am. 765]

(1)  In order to create a safe, efficient and socially responsible road transport sector it is necessary to ensure the free movement of goods and the freedom to provide services, adequate working conditions and social protection for drivers, on the one hand, and to provide a suitable business and fair competition conditions competitive environment for operators, on the other while respecting the fundamental freedoms, the free movement of goods and the freedom to provide services in particular as guaranteed by the Treaties. [Am. 766]

(1a)   Any national rules applied to road transport must be proportionate and justified and must not hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty, such as the freedom of movement of services, in order to maintain or increase the competitiveness of the Union, whilst respecting the working conditions and social protection for the drivers. [Am. 767]

(2)  The inherent high mobility of road transport services requires particular attention in assuring that drivers benefit from the rights to which they are entitled and that operators, most (90%) of which are SMEs with fewer than 10 workers, are not faced with disproportionate administrative barriers or abusive and discriminatory controls, unduly restricting their freedom to provide cross-border services. [Am. 768]

(2a)   Any national rules applied to road transport must be proportionate as well as justified and must not hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty, such as the free movement of goods and the freedom to provide services in order to maintain or even increase the competitiveness of the Union, including the costs of products and services by respecting the working conditions and social protection for drivers as well as respecting the specificities of the sector since drivers are highly mobile workers, not posted workers. [Am. 769]

(3)  The balance between enhancing social and working conditions for drivers and facilitating the exercise of the freedom to provide road transport services based on fair, proportionate, non-discriminatory competition between national and foreign operators is crucial for the smooth functioning of the internal market. Any piece of national legislation or policy for implementation at national level in the transport sector must therefore be conducive to the development and strengthening of the single European transport area and in no way contribute to the fragmentation of the internal market. [Am. 770]

(4)  Having evaluated the effectiveness and efficiency of the current Union social legislation in road transport, certain loopholes in the existing provisions and deficiencies in their enforcement were identified, as well as illegal practices, such as the use of letterbox companies. Additional emphasis should be put on fighting against undeclared work in the transport sector. Furthermore a number of discrepancies exist between Member States in interpretation, application and implementation of the rules, creating a heavy administrative burden for drivers and operators. This creates legal uncertainty and unequal treatment of drivers and operators, which is detrimental to the working, social and competition conditions in the sector. [Am. 771]

(4a)  In order to ensure that Directives 96/71/EC(6) and 2014/67/EU(7) of the European Parliament and of the Council. are correctly applied, controls and cooperation at Union level to combat fraud relating to the posting of drivers should be strengthened, and stricter checks should be carried out to ensure that social contributions for posted drivers are actually paid. [Am. 772]

(5)  Adequate, effective and consistent enforcement of the working time and rest time provisions is crucial for improving road safety, for protecting the working conditions of drivers and preventing the distortions of competition resulting from non-compliance. Therefore it is desirable to extend the existing uniform enforcement requirements set out in Directive 2006/22/EC to controlling compliance with the working time provisions set out in Directive 2002/15/EU. The possibility of combining checks on driving time and working time with checks on rules on posting of drivers should be also available without additional administrative burden. Checks of compliance with working time should be limited to checks carried out at the premises of transport operators until technology is available that allows the checks on working time to be carried out effectively at the roadside. [Am. 773]

(5a)   Bearing in mind the specific character of transport services and the direct impact on the free movement of goods, with a special focus on road safety and security, roadside checks should be limited to the minimum. Drivers should not be liable for additional administrative obligations of their respective companies. Rules on working time should be controlled at the premises of the transport operator only. [Am. 774]

(5b)   In order to allow more efficient, faster and more numerous roadside checks while reducing the administrative burden on drivers, compliance with Directive 2002/15/EC should be verified in the context of inspections on company premises rather than roadside checks. [Am. 775]

(6)  The administrative cooperation between Member States with regard to the implementation of the social rules in road transport has proven insufficient, making cross-border enforcement more difficult, inefficient and inconsistent. It is therefore necessary to establish a framework for effective communication and mutual assistance, including exchange of data on infringements and information on good practices in enforcement.

(6a)  With a view to fostering effective administrative cooperation and an effective exchange of information, Member States should interconnect their national electronic registers (NER) through the European Register of Road Transport Undertakings (ERRU) system, with a legal basis in Article 16(5) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council(8). Member States should take all necessary measures to ensure that the national electronic registers are interconnected, so that the competent authorities of the Member States, including road inspectors, can have direct real-time access to the data and information in the ERRU. [Am. 776]

(6b)  To facilitate better and more uniform application of the minimum conditions for the implementation of Regulation (EC) No 561/2006, Regulation (EU) No 165/2014 and Directive 2002/15/EC, and to facilitate road transport operators' compliance with administrative requirements when posting drivers, the Commission should develop one or several modules of IMI for submitting declarations in posting and an electronic application that will provide inspectors direct real-time access to the ERRU and IMI during roadside checks. [Am. 777]

(7)  In order to further improve the effectiveness, efficiency and consistency of enforcement, it is desirable to develop the features and the use of the existing national risk rating systems. Access to the data contained in risk rating systems would enable better targeting of controls at non-compliant operators and a uniform formula for assessing risk rating of a transport undertaking should contribute to fairer treatment of operators at controls.

(7a)  In order to ensure fair competition and a level playing field for workers and business, there is a need to make progress towards smart enforcement and to provide all possible support for the full introduction and use of risk-rating systems. To this end, the enforcement authorities need to be given real-time access to national electronic registers (NERs), while making maximum use of the European Register of Road Transport Undertakings (ERRU). [Am. 778]

(8)  In order to ensure uniform conditions for the implementation of Directive 2006/22/EC, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011(9).

(8a)   Rules for the posting of workers applicable to road transport activities should be balanced, simple, and with a low administrative burden for Member States and transport undertakings. They should not aim to discourage operations outside the country of establishment of an undertaking. [Am. 779]

(9)  Difficulties have also been experienced in applying the rules on posting of workers specified in Directive 96/71/EC of the European Parliament and of the Council(10) and the rules on the administrative requirements laid down in Directive 2014/67/EU of the European Parliament and of the Council(11) to the highly mobile road transport sector. The uncoordinated national measures on the application and enforcement of the provisions on posting of workers in the road transport sector have generated legal uncertainty, distortions of competition in the transport sector and high administrative burdens for non-resident Union operators. This created undue restrictions to the freedom to provide cross-border road transport services having negative side-effects on jobs and the competitiveness of transport companies. Administrative requirements and control measures need to be harmonised to prevent carriers from suffering unnecessary or arbitrary delays. [Am. 780]

(9a)  Member States should exchange data and information, engage in administrative cooperation and provide mutual assistance via the Internal Market Information System (IMI), the legal basis of which is provided by Regulation (EU) No 1024/2012, with a view to ensuring full compliance with the rules. Similarly, the IMI should be used to submit and update posting declarations between transport operators and the competent authorities of the receiving Member States. In order to achieve this latter objective, it would be necessary to develop a parallel public interface within the IMI system to which transport operators would have access. [Am. 781]

(9b)  All actors in the delivery chain for goods should bear their fair share of responsibility for infringements of the rules provided for in this Directive. This should be the case where the actors have actually known of infringements or where, in the light of all the relevant circumstances, they ought to know of them. [Am. 782]

(9c)  In order to ensure that control measures for the posting of drivers in the road transport sector are correctly applied as defined by Directives 96/71/EC and 2014/67/EU, controls and cooperation at Union level to tackle fraud relating to the posting of drivers should be strengthened. [Am. 783]

(9d)  Contractors should be encouraged to act with social responsibility by using transport operators that comply with the rules provided for by this Directive. To make it easier for contractors to find such transport operators, the Commission should asses existing instruments and best practices promoting socially responsible behaviour of all actors in the delivery chain for goods with a view to establishing a European platform of trusted transport companies, if appropriate. [Am. 784]

(9e)  Failure to comply with the rules on the establishment of international road transport companies creates differences across the internal market and contributes to unfairness in inter-company competition. The conditions governing the establishment of international road transport companies should therefore be tightened and made easier to monitor, particularly with a view to combating the creation of ‘letterbox’ companies. [Am. 785]

(10)  The Commission, in its proposal of 8 March 2016(12) for the revision of Directive 96/71/EC, recognized that the implementation of that Directive raises particular legal questions and difficulties in the highly mobile road transport sector and indicated that those issues should be best addressed through sector-specific road transport legislation.

(10a)   Given the fact that there is a lack of drivers in Europe, working conditions should be significantly improved in order to increase the attractiveness of the profession. [Am. 786]

(11)  In order to ensure the effective and proportionate implementation of Directive 96/71/EC in the road transport sector, it is necessary to establish sector-specific rules reflecting the particularity of the highly mobile workforce in the road transport sector and providing a balance between the social protection of drivers and the freedom to provide cross-border services for operators. Provisions on the posting of workers, in Directive 96/71/EC, and on the enforcement of those provisions, in Directive 2014/67/EU should apply to road transport sector under the terms of this Directive. [Am. 787]

(12)  Such balanced criteria should be based on a concept of a sufficient link of a driver with a territory of a host Member State. Therefore, a time threshold should be established, beyond which the minimum rate of pay and the minimum annual paid holidays of the host Member State shall apply in case of international transport operations. This time threshold should not apply to This sufficient link exists in case of cabotage operations as defined by Regulations (EC) No 1072/2009(13) and (EC) No 1073/2009(14) of the European Parliament and of the Council since the entire transport operation is taking place in a host Member State. As a consequence the minimum rate of pay and the minimum annual paid holidays of the host Member State, Directive 96/71/EC and Directive 2014/67/EU should apply to cabotage irrespective of the frequency and duration of the operations carried out by a driver. [Am. 788]

(12a)  In case of international transport, the predominant link of a driver in the bilateral international transport would be to a Member State of establishment of the transport company, as the driver returns regularly back to the Member State of establishment of the transport company. A driver may undertake several bilateral transport operations during one journey. On the other hand, there is a sufficient link with the territory of a host Member State when a driver performs other types of operations, notably non-bilateral international transport operations, in that Member State. [Am. 789]

(12b)  In order to ensure efficient use of transport resources, take into account the operational realities and to reduce number of empty runs, which is an important element in achieving objectives of Paris agreement in relation to reduction of CO2 emissions, a limited number of additional transport activities should be possible without triggering the posting rules. Such activities consists of operations performed during a period in the course of or following bilateral international transport operation from the Member State of establishment and before the return journey to the Member State of establishment. [Am. 790]

(12c)  In case that the driver is engaged in a combined transport operation, the nature of the service provided during the initial or final road leg is closely linked with the Member State of establishment provided that the road leg on its own is a bilateral transport operation. On the other hand, there is a sufficient link with the territory of a host Member State when the transport operation during the road leg is carried out within the host Member State or, as a non-bilateral international transport operation, and therefore posting rules should apply in such a case. [Am. 791]

(12d)   Since there is no sufficient link of a driver with a territory of a Member State of transit, transit operations should not be considered as posting situations. It should also be clarified that the fact that passengers get down of the bus during a stop for hygienic reasons does not change the qualification of the transport operation. [Am. 792]

(12e)  Road transport is a highly mobile sector and requires a common approach to certain aspects of remuneration in the sector. Transport undertakings need legal certainty about the rules and requirements with which they have to comply. Those rules and requirements should be clear, understandable and easily accessible to transport undertakings, and should enable effective checks. It is important that new rules do not introduce unnecessary administrative burden and that they duly take into account the interests of SMEs. [Am. 793]

(12f)  Where, in accordance with national law, traditions and practice, including respect for the autonomy of social partners, the terms and conditions of employment referred to in Article 3 of Directive 96/71/EC are laid down in collective agreements in accordance with Article 3(1) and (8) of that Directive, Member States should ensure that, in line with Directive 2014/67/EU, those terms and conditions are made available in an accessible and transparent way to transport undertakings from other Member States and to posted drivers, and should seek the involvement of the social partners in that respect. The relevant information should, in particular, cover the different remunerations and their constituent elements, including elements of remunerations provided for in the locally or regionally applicable collective agreements, the method used to calculate the remuneration due and, where relevant, the qualifying criteria for classification in the different wage categories. In accordance with Directive (EU) 2018/957 amending Directive 96/71/EC transport undertakings should not be penalized for non-compliance with elements of remuneration, the method used to calculate the remuneration due and, where relevant, the qualifying criteria for classification in the different wage categories which are not publically available. [Am. 794]

(13)  In order to ensure effective and efficient enforcement of the sector-specific rules on posting of workers and to avoid disproportionate administrative burdens for non-resident operators sector, specific administrative and control requirements should be established in the road transport sector, taking full advantage of control tools such as the digital tachograph. With a view to minimising the complexity of the obligations laid down in this Directive and Directive 96/71/EC, Member States should be free to impose only the administrative requirements specified in this Directive – which have been tailored to suit the road transport sector – on road transport operators. [Am. 795]

(13a)   With a view to minimising the administrative burden and document management tasks incumbent on drivers, transport operators shall provide, at the request of the competent authorities in the Member State in which the operator is based, all necessary documents, as set out in the provisions of Chapter III of Directive 2014/67/EU on mutual assistance and cooperation between Member States. [Am. 796]

(13b)   In order to facilitate the implementation, application and enforcement of this Directive, the internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council(15) should be used in Member States for the enhanced exchange of information between regional and local authorities across borders. It could also be an advantage to extend the features of IMI to include the submission and transmission of simple declarations. [Am. 797]

(13c)   In order to reduce administrative burden of transport operators which are often small and medium-sized enterprises, it would be appropriate to simplify the process of sending declarations on posting by transport operators through standardised forms with some pre-defined elements translated in all official languages of the Union. [Am. 798]

(13d)   A general implementation and application of the rules for the posting of workers to road transport could impact the structure of the Union road freight transport industry. Therefore, Member States and the Commission should closely monitor the impact of this process. [Am. 799]

(13e)   Enforcement should concentrate on inspections at the premises of the undertakings. Roadside checks should not be excluded but should be undertaken in a non-discriminatory manner only for consignment notes or their electronic versions, confirmations of the pre-registration and attestation for return to country of operator´s establishment or driver´s residence. Roadside checks should control in the first place tachographs data which is important to determine the activity of a driver and vehicle over a four-week rolling period and the geographical coverage of this activity. The recording of the country code can help. [Am. 800]

(13f)   The impact of the application and the enforcement of the rules for the posting of workers on the road transport industry should be repeatedly evaluated by the Commission and reported to the Parliament and the Council, and proposals should be made to further simplify them and reduce the administrative burden. [Am. 801]

(13g)   In recognition of the need for specific treatment for the transport sector, in which movement is the very essence of the work undertaken by drivers, the application of Directive 96/71/EC to the road transport sector should coincide with the date of entry into force of the amendment of Directive 2006/22/EC as regards enforcement requirements, and specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector. [Am. 802]

(13h)   In order to adapt the Annexes of this Directive to developments in best practice, 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 amending those Annexes. 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. [Am. 803]

(-14a)  The exchange of information in the context of effective administrative cooperation and mutual assistance between Member States should comply with the rules on personal data protection laid down in Regulation (EU) 2016/679. [Am. 804]

(-14b)   Rules to safeguard good social conditions across the European road haulage market should be respected by all partners in the supply chain. In order to create an economically and socially sustainable European internal market, a chain of responsibility that covers all actors in the logistical chain should be established and implemented. Enforcing transparency and liability and increasing social and economic equality will increase the attractiveness of the driver as a profession and promote healthy competition. [Am. 805]

(14)  Directive 2006/22/EC should therefore be amended accordingly,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 2006/22/EC is amended as follows:

(1)  the title is replaced by the following:"

"Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC of the European Parliament and of the Council as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC";

"

(2)  Article 1 is replaced by the following:"

"This Directive lays down minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014* and Directive 2002/15/EC**.

______________________

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

**Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).";

"

(3)  Article 2 is amended as follows:

(a)  in paragraph 1, the second subparagraph is replaced by the following:"

"These checks shall cover each year a large and representative cross-section of mobile workers, drivers, undertakings and vehicles falling within the scope of Regulations (EC) No 561/2006 and (EU) No 165/2014 and, in the case of checks at premises, of mobile workers and drivers falling within the scope of Directive 2002/15/EC. Member States shall organise roadside checks on the implementation of Directive 2002/15/EC only after the introduction of technology enabling effective checks to be carried out. Until then those checks shall be carried out exclusively at the premises of the transport undertakings."; [Am. 806]

"

(b)  in paragraph 3, the first subparagraph is replaced by the following:"

"Each Member State shall organise checks in such a way that at least 3% of days worked by drivers of vehicles falling within the scope of Regulation (EC) No 561/2006, Regulation (EU) No 165/2014 and Directive 2002/15/EC are checked. Following roadside checks and where the driver is not in capacity to submit one or more of the required documents, the drivers shall be released to continue their transport operation and the transport operator in the Member State of establishment is obliged to submit the required documents via competent authorities."; [Am. 807]

"

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

"4. The information submitted to the Commission in accordance with Article 17 of Regulation (EC) No 561/2006 shall include the number of drivers checked at the roadside, the number of checks at the premises of undertakings, the number of working days checked at premises and the number and type of infringements reported, together with a record of whether passengers or goods were transported."; [Am. 808]

"

(3a)  Article 5 is replaced by the following:"

“Article 5

Concerted checks

Member States shall, at least six times per year, undertake concerted roadside checks and at the premises on drivers and vehicles falling within the scope of Regulation (EC) No 561/2006 or (EU) No 165/2014. Such checks shall be undertaken at the same time by the enforcement authorities of two or more Member States, each operating in its own territory. The summary results of the concerted checks shall be made public in line with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.”; [Am. 809]

"

(4)  in Article 6, paragraph 1 is replaced by the following:"

"1. Checks at premises shall be planned in the light of past experience in relation to the various types of transport and undertakings. They shall also be carried out if serious infringements of Regulation (EC) No 561/2006 or and (EU) No 165/2014 or Directive 2002/15/EC have been detected at the roadside."; [Am. 810]

"

(4a)  in Article 7(1), point (b) is replaced by the following:"

“(b) to forward the biennial statistical returns to the Commission under Article 17 of Regulation (EC) No 561/2006;”; [Am. 811]

"

(5)  in Article 7(1), the following point is added:"

"(d) to ensure exchange of information with the other Member States with regard to the application of national provisions transposing this Directive and Directive 2002/15/EC.";

"

(6)  Article 8 is amended as follows:

(-a)  in Article 8(1), the introductory part is replaced by the following:"

"1. Information made available bilaterally under Article 22(2) of Regulation (EC) No 561/2006 or Article 40 of Regulation (EU) No 165/2014 shall be exchanged between the designated bodies notified to the Commission in accordance with Article 7:"; [Am. 812]

"

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

"(b) upon reasoned at the specific request by of a Member State in individual cases, provided that the information required is not available through direct consultation of national electronic registers referred to in Article 16 (5) of Regulation (EC) No 1071/2009."; [Am. 813]

"

(b)  the following paragraph is inserted:"

"1a. Member State shall submit the information requested by other Member States pursuant to paragraph 1(b) of this Article within 25 working days 10 working days from the receipt of the request. In duly justified cases requiring in-depth examination or involving checks at premises of the undertakings concerned the time limit shall be 20 working days. A shorter time limit may be mutually agreed between the Member States. In urgent cases or cases requiring simple consultation of registers, such as of a risk rating system, the requested information shall be submitted within three working days. [Am. 814]

Where the requested Member State considers that the request is insufficiently reasoned, it shall inform the requesting Member State accordingly within 10 five working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State. [Am. 815]

Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the requested Member State in question shall inform the requesting Member State accordingly within 10 five working days, giving reasons and provide reasons to duly justify the difficulty or impossibility of providing the relevant information. The Member States concerned shall discuss with each other with a view to finding a solution for any difficulty raised. [Am. 816]

Where the Commission becomes aware of a persisting problem in the exchange of information or a permanent refusal to supply information, it may take all necessary measures to remedy the situation, including, where necessary, it may open an investigation and eventually apply sanctions to the Member State."; [Am. 817]

"

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

“2. By way of derogation from Article 21 of Directive 2014/67/EU, the exchange of information between the competent authorities of the Member States provided for in paragraphs 1 and 1a of this Article shall be implemented through the Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012. Competent authorities of the Member States shall have direct access in real time to data in national electronic registers via the European Register of Road Transport Undertakings (ERRU) as referred to in Article 16 of Regulation (EC) No 1071/2009.; [Am. 818]

"

(bb)  in Article 8, the following paragraph is added:"

“2a. The Commission shall develop an electronic application common to all EU Member States that will provide inspectors direct real-time access to the ERRU and IMI during roadside checks and premises by 2020. This application shall be developed via a pilot project.” ; [Am. 819]

"

(7)  Article 9 is amended as follows:

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

"1. Member States shall introduce a risk rating system for undertakings based on the relative number and severity of any infringement of Regulation (EC) No 561/2006 or of Regulation (EU) No 165/2014 or of national provisions transposing Directive 2002/15/EC that an individual undertaking has committed.

The Commission shall, by means of implementing acts, establish is empowered to adopt delegated acts in accordance with Article 15a establishing a common formula for calculating a risk rating of undertakings, which shall take into account the number, severity and frequency of occurrence of infringements as well as the results of controls where no infringement has been detected and whether a road transport undertaking has been using the smart tachograph, pursuant to Chapter II of Regulation (EU) No 165/2014, on all its vehicles. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) of this Directive."; [Am. 820]

"

(b)  in paragraph 2, the second sentence is deleted;

(ba)  in paragraph 3, the first subparagraph is replaced by the following:"

“3. An initial list of infringements of Regulations (EC) No 561/2006 and (EU) No 165/2014 is set out in Annex III.” ; [Am. 821]

"

(bb)  in paragraph 3, the second subparagraph is replaced by the following:"

“With a view to giving guidelines on the weighting of infringements of Regulation (EC) No 561/2006 or (EU) No 165/2014, the Commission is empowered to adopt delegated acts in accordance with Article 15a amending Annex III with a view to establishing guidelines on a common range of infringements, divided into categories according to their gravity.”; [Am. 822]

"

(bc)  in paragraph 3, the third subparagraph is replaced by the following:"

The category for the most serious infringements should include those where failure to comply with the relevant provisions of Regulation (EC) No 561/2006 or (EU) No 165/2014 create a serious risk of death or serious personal injury.”; [Am. 823]

"

(c)  the following paragraphs are added:"

"4. In order to facilitate targeted roadside checks, the data contained in the national risk rating system and the national registers of transport undertakings and activities shall be accessible at the time of control to all the competent control authorities of the Member State concerned through at least an electronic application common to all Member States, through which they will have direct real-time access to the ERRU.; [Am. 824]

5.  Member States shall make the information contained in the national risk rating system available upon request or directly accessible through interoperable national electronic registers as referred to in Article 16 of Regulation (EC) No 1071/2009 to all competent authorities of other Member States in accordance with the time limits set out in Article 8.. In this regard, the exchange of information and data on transport operators infringements and risk rating shall be concentrated and carried out through the interconnection that ERRU provides between the different national registers in the Member States."; [Am. 825]

"

(8)  in Article 11, paragraph 3 is replaced by the following:"

"3. The Commission shall establish is empowered to adopt delegated acts in accordance with Article 15a establishing a common approach to the recording and controlling of periods of other work, as defined in point (e) of Article 4 of Regulation (EC) No 561/2006, and including the form of the recording and specific cases in which it is to take place and to the recording and controlling of periods of at least one week during which a driver is away from the vehicle, by implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12(2) and is unable to carry out any activities with that vehicle."; [Am. 826]

"

(8a)  Article 12 is replaced by the following:"

“Article 12

Committee procedure

1.  The Commission shall be assisted by the Committee set up by Article 42(1) of Regulation (EU) No 165/2014. 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.” ; [Am. 827]

"

(8b)  in Article 13, point (b) is replaced by the following:"

“(b) to encourage a coherence of approach between enforcement authorities and a harmonised interpretation of Regulation (EC) No 561/2006 between enforcement authorities;” [Am. 828]

"

(8c)  Article 14 is replaced by the following:"

“Article 14

Negotiations with third countries

Once this Directive has entered into force, the Union shall begin negotiations with the relevant third countries with a view to the application of rules equivalent to those laid down in this Directive.

Pending the conclusion of these negotiations, Member States shall include data on checks carried out on vehicles from third countries in their returns to the Commission as set out in Article 17 of Regulation (EC) No 561/2006.”; [Am. 829]

"

(8d)  Article 15 is replaced by the following:"

“Article 15

Updating of the Annexes

The Commission is empowered to adopt delegated acts in accordance with Article 15a amending Annexes I and II to introduce necessary adaptations to developments in best practice.” ; [Am. 830]

"

(8e)  The following Article is inserted:"

“Article 15a

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 9(3) and Article 15 shall be conferred on the Commission for a period of 5 years from [date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Article 9(3) and Article 15 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.

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 9(3) and Article 15 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. 831]

"

(9)  Annex I is amended as follows:

(-a)  in Part A, point (1) is replaced by the following:"

“(1) daily and weekly driving times, breaks and daily and weekly rest periods; also the preceding days' record sheets which have to be carried on board the vehicle in accordance with Article 36 (1) and (2) of Regulation (EU) No 165/2014 and/or the data stored for the same period on the driver card and/or in the memory of the recording equipment in accordance with Annex ΙΙ to this Directive and/or on printouts;”; [Am. 832]

"

(-aa)  in Part A, point (2) is replaced by the following:"

“(2) for the period referred to in Article 36 paragraphs (1) and (2) of Regulation (EU) No 165/2014, any cases where the vehicle's authorised speed is exceeded, to be defined as being any periods of more than one minute during which the vehicle's speed exceeds 90 km/h for category N 3 vehicles or 105 km/h for category M 3 vehicles (categories N 3 and M 3 as defined in Directive 2007/46/EC(16);[Am. 833]

"

(-ab)  in Part A, point (4) is replaced by the following:"

“(4) the correct functioning of the recording equipment (determination of possible misuse of the equipment and/or the driver card and/or record sheets) or, where appropriate, presence of the documents referred to in Article16(2) of Regulation (EC) No 561/2006;” ; [Am. 834]

"

(a)  in Part A, the following point is added:"

"(6) weekly working times as set out in Articles 4 and 5 of Directive 2002/15/EC, provided that technology enables effective checks to be carried out."; [Am. 835]

"

(b)  in Part B, the following point is added:"

"(4) weekly working times, breaks and night work requirements set out in Articles 4, 5 and 7 of Directive 2002/15/EC.";

"

(ba)  in Part B, paragraph 2 is replaced by the following:"

“Member States may, if appropriate, check on the joint liability of other instigators or accessories in the transport chain, such as shippers, freight forwarders or contractors, if an infringement is detected, including verification that contracts for the provision of transport permit compliance with Regulations (EC) No 561/2006 and (EU) No 165/2014.”. [Am. 836]

"

Article 2

1.  This Article establishes specific rules as regards certain aspects of Directive 96/71/EC relating to the posting of drivers in the road transport sector and of Directive 2014/67/EU of the European Parliament and of the Council relating to administrative requirements and control measures for the posting of those drivers.

1a.  These specific rules shall apply to drivers employed by undertakings established in a Member State which take one of the transnational measures referred to in Article 1(3) (a) of Directive 96/71/EC.

2.  Member States shall not apply points (b) and (c) of the first subparagraph of Article 3(1) of Directive 96/71/EC to drivers in the road transport sector employed by undertakings referred to in Article 1(3)(a) of that Directive, when performing international carriage operations as defined by Regulations 1072/2009 and 1073/2009 where the period of posting to their territory to perform these operations is shorter than or equal to 3 days during a period of one calendar month.

2.  A driver shall not be considered to be posted for the purpose of Directive 96/71/EC when performing bilateral transport operations.

For the purpose of this Directive, a bilateral transport operation in respect of goods is the movement of goods, based on a transport contract, from the Member State of establishment, as defined in Article 2(8) of Regulation (EC) No 1071/2009 to another Member State or a third country, or from another Member State or third country to the Member State of establishment.

2a.  From the date on which drivers shall record border crossing data manually, as required in Article 34(7) of Regulation (EU) No 165/2014, Member States shall also apply the exemption set out in paragraph 2 in respect of goods transport when:

–   the driver performing a bilateral transport operation in addition thereto performs one activity of loading and/or unloading in the Member States or third countries that the driver crosses, provided that the driver does not load goods and unloads them in the same Member State.

Where a bilateral transport operation starting from the Member State of establishment during which no additional activity was performed is followed by a bilateral transport operation to the Member State of establishment, the exception shall apply for up to two additional activities of loading and/or unloading, under the conditions set out above.

This exemption shall apply only until the date on which the smart tachograph complying with the recording of border crossing and additional activities referred to in Article 8(1) subparagraph 1 of Regulation (EU) No 165/2014 shall be fitted in the vehicles registered in a Member States for the first time, as specified in Article 8(1) subparagraph 2 of that Regulation. From that date the exemption referred to in the first subparagraph shall apply solely to drivers using vehicles fitted with a smart tachograph as provided in Articles 8, 9 and 10 of that Regulation.

2b.  A driver engaged in international occasional or regular carriage of passengers, as defined in Regulation (EC) No 1073/2009, shall not be considered to be posted for the purpose of Directive 96/71/EC when:

–   picking up passengers in the Member State of establishment and setting them down in another Member State or a third country; or

–   picking up passengers in a Member State or a third country and setting them down in the Member State of establishment; or

–   picking up and setting down passengers in the Member State of establishment for the purpose of local excursions, as defined in Regulation (EC) No 1073/2009.

2c.  A driver performing cabotage as defined by Regulations (EC) No 1072/2009 and 1073/2009 shall be considered to be posted under Directive 96/71/EC.

2d.  Notwithstanding Article 2(1) of Directive 96/71/EC, a driver shall not be considered to be posted to the territory of a Member State that the driver transits through without loading or unloading freight and without picking up or setting down passengers.

2e.  In case where the driver is performing the initial or final road leg of a combined transport operation as defined in Directive 92/106/EEC, the driver shall not be considered posted for the purpose of Directive 96/71/EC if the road leg on its own consists of bilateral transport operations as defined in paragraph 2.

2f.  Member States shall ensure that, in line with Directive 2014/67/EU, terms and conditions of employment referred to in Article 3 of Directive 96/71/EC, which are laid down in collective agreements in accordance with Article 3(1) and (8) of that Directive are made available in an accessible and transparent way to transport undertakings from other Member States and to posted drivers. The relevant information shall, in particular, cover the different remunerations and their constituent elements, including elements of remunerations provided for in the locally or regionally applicable collective agreements, the method used to calculate the remuneration due and, where relevant, the qualifying criteria for classification in the different wage categories. In accordance with Directive (EU) 2018/957 amending Directive 96/71/EC transport undertakings shall not be penalized for non-compliance with elements of remuneration, the method used to calculate the remuneration due and, where relevant, the qualifying criteria for classification in the different wage categories which are not publically available.

2g.  Transport undertakings established in a non-member State must not be given more favourable treatment than undertakings established in a Member State.

Member States shall implement equivalent measures to Directive 96/71/EC and this Directive [XX/XX] (lex specialis) in their bilateral agreements with third countries when granting access to the EU market to road transport undertakings established in such third countries. Member States shall also strive to implement such equivalent measures in the context of multilateral agreements with third countries. Member States shall notify the relevant provisions of their bilateral and multilateral agreements with third countries to the Commission.

For the purpose of ensuring adequate control of these equivalent measures on posting by third country operators, Member States shall ensure that the revised rules in Regulation (EU) XXX/XXX as regards positioning by means of tachograph [Regulation modifying Regulation No 165/2014] are implemented in the framework of the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR). [Am. 837]

When the period of posting is longer than 3 days, Member States shall apply points (b) and (c) of the first subparagraph of Article 3 (1) of Directive 96/71/EC for the entire period of posting to their territory during the period of one calendar month referred to in the first subparagraph. [Am. 838]

3.  For the purposes of the calculation of the periods of posting referred to in paragraph 2: [Am. 839]

(a)  a daily working period shorter than six hours spent in the territory of a host Member State shall be considered as half a day; [Am. 840]

(b)  a daily working period of six hours or more spent in the territory of a host Member State shall be considered as a full day; [Am. 841]

(c)  breaks and rest periods as well as periods of availability spent in the territory of a host Member State shall be considered as working period. [Am. 842]

4.  By way of derogation from Article 9 of Directive 2014/67/EU, Member States may only impose the following administrative requirements and control measures: [Am. 843]

(a)  an obligation for the road transport operator established in another Member State to send a posting submit a declaration and any update to it in electronic form via the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 to the national competent authorities of the Member State to which a driver is posted at the latest at the commencement of the posting, in electronic form, in an official language of the host Member State or in English European Union, containing only the following information: [Am. 844]

(i)  the identity of the road transport operator by means of its intra-Community tax identification number or the number of the Community Licence; [Am. 845]

(ii)  the contact details of a transport manager or other contact person(s) in the Member State of establishment to liaise with the competent authorities of the host Member State, in which the services are provided and to send out and receive documents or notices;

(iii)  the anticipated information about the posted driver including the following: the identity, the country of residence, the country of payment of social contributions, the social security number and the identities of posted drivers number of the driving licence; [Am. 846]

(iv)  the anticipated duration, envisaged beginning date and the estimated and end date of the posting and the law applicable to the employment contract; [Am. 847]

(iva)  for the road haulage operators: the identity and the contact details of consignees, provided that the transport operator does not use e-CMR; [Am. 848]

(v)  the number plates of vehicles used in posting;

(vi)  the type of transport services, that is to say carriage of goods, carriage of passengers, international carriage, cabotage operation;

(via)  for the road haulage operators: addresses of loading(s) and unloading(s), provided that the transport operator does not use e-CMR; [Am. 849]

(b)  an obligation for the road transport operator to ensure that the driver to keep and make available has at his/her disposal, where requested at the roadside control, in paper or electronic form, a copy of the posting declaration and evidence of transport operation taking place in the host Member State, such as an electronic consignment note (e-CMR) or evidence referred to in Article 8 of Regulation (EC) No 1072/2009 of the European Parliament and of the Council; [Am. 850]

(c)  an obligation for the road transport operator to ensure that the driver to keep and make available, has at his/her disposal where requested at the roadside control, the tachograph records, and in particular the country codes of Member States where the driver has been present when carrying out international road transport operations or cabotage operations; [Am. 851]

(ca)  during the roadside checks referred to in points (b) and (c) of this Article, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the requested documents; [Am. 852]

(d)  an obligation for the driver to keep and make available, where requested at the roadside control, in paper or electronic form, a copy of the employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC(17), translated into one of the official languages of the host Member State or into English; [Am. 854]

(e)  an obligation for the driver to make available, where requested at the roadside control, in paper or electronic form, a copy of payslips for last two months; during the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide this copy; [Am. 855]

(f)  an obligation for the road transport operator to deliver send via the IMI public interface, after the period of posting, in paper or electronic form, [...] copies of documents referred to in points (b), (c) and (e) and (c), at the request of the authorities of the host Member State within a reasonable period of time; to which a driver is posted as well as documentation of the remuneration of posted drivers which relate to the period of posting and their employment contract or an equivalent document within the meaning of Article 3 of Council Directive 91/533/EEC(18), time-sheets relating to the driver's work and proof of payments.

The road transport operator shall provide the requested documentation by using the IMI public interface within 2 months from the date of the request.

Where the road transport operator fails to provide all requested documentation via the IMI public interface within the set deadline, the competent authorities of the Member State where the posting took place may, in accordance with Articles 6 and 7 of Directive 2014/67/EU, request the assistance of the competent authorities of the Member State of establishment of the operator. When such request is made via IMI, the competent authorities of the Member State of establishment of the operator shall have access to the posting declaration and other relevant information submitted by the operator via IMI public interface.

The competent authorities of the Member State of establishment of the operator shall ensure that the documents requested by the competent authorities of the Member State where the posting took place is provided via IMI within 25 working days from the date of the request. [Am. 853]

5.  For the purposes of point (a) of paragraph 4 the road transport operator may provide a posting declaration covering a period of a maximum of six months. [Am. 856]

5a.  The information from the declarations shall be saved in the repository of IMI for the purpose of checks for a period of 18 months and shall be directly and real time accessible to all competent authorities of other Member States designated in accordance with Article 3 of Directive 2014/67/EU, Article 18 of Regulation (EC) No 1071/2009, and Article 7 of Directive 2006/22/EC.

The national competent authority may allow social partners in accordance with national law and practices access to the information provided that the information:

–   relates to posting to the territory of the Member State concerned;

–   is used for the purpose of enforcement of the rules on posting; and

–   data processing is in line with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. [Am. 857]

5b.  The Commission shall adopt implementing acts developing a standardised forms in all official languages of the Union to be used for submitting declarations via the IMI public interface, specify the functionalities of the declaration in the IMI and how the information referred to point (a)(i) to (via) of paragraph 4 is to be presented in the declaration and ensure that those information from declarations are automatically translated in a language of a host Member State. The implementing acts shall be adopted in accordance with the examination procedure referred to in Article 2a(2). [Am. 858]

5c.   Member States shall avoid unnecessary delays in the implementation of the control measures that may affect the duration and dates of the posting. [Am. 859]

5d.   The competent authorities in the Member States shall cooperate closely and shall provide each other with mutual assistance and all relevant information, within the conditions laid down in Directive 2014/67/EU and in Regulation (EC) No 1071/2009. [Am. 860]

Article 2a

1.   The Commission shall be assisted by the Committee set up by Article 42(1) of Regulation (EU) No 165/2014. 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. [Am. 861]

Article 2b

Member States shall provide for penalties against consignors, freight forwarders, contractors and subcontractors for non-compliance with Article 2 of this Directive, where they know, or, in the light of all relevant circumstances ought to know, that the transport services that they commission infringe of this Directive.

The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Directive and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non-discriminatory. [Am. 862]

Article 2c

The Commission shall assess existing instruments and best practices promoting socially responsible behaviour of all actors in the delivery chain for goods and make a legislative proposal to establish a European Platform of Trust, if appropriate, by ...[two years after entry into force of this Directive]. [Am. 863]

Article 2d

Smart enforcement

1.   Without prejudice to Directive 2014/67/EU and in order to further enforce the obligations stipulated under Article 2 of this Directive, Member States shall ensure that a coherent national enforcement strategy is applied on their territory. That strategy shall focus on undertakings with a high-risk rating, referred to in Article 9 of Directive 2006/22/EC of the European Parliament and of the Council.

2.   Each Member State shall ensure that the checks provided for in Article 2 of Directive 2006/22/EC will include, where relevant, a check on posting and that these check shall be carried out without discrimination, in particularly without discrimination based on the number plates of vehicles used in posting.

3.   Member States shall target those undertakings which are classed as posing an increased risk of infringing the provisions of Article 2 of this Directive, applicable to them. For that purpose, Member States shall, within the risk classification system established by them under Article 9 of Directive 2006/22/EC of the European Parliament and of the Council and extended in accordance with Article 12 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council, treat the risk of such infringements as a risk in its own right.

4.   For the purpose of paragraph 3, Member States shall have access to relevant information and data recorded, processed or stored by the smart tachograph referred to in Chapter II of Regulation (EU) No 165/2014, posting declarations referred to in Article 2 (4) of this Directive and in electronic transport documents, such as electronic consignment notes under the Convention on the Contract for the International Carriage of Goods by Road (eCMR).

5.   The Commission is empowered to adopt delegated acts to stipulate the characteristics of the data to which Member States shall have access to, the conditions for their use and the technical specifications for their transmission or access, specifying in particular:

(a)   a detailed list of information and data to which national competent authorities shall have access to, which shall include at least the time and location of border crossings, loading and unloading operations, the registration plate of the vehicle and the driver details;

(b)   the access rights of the competent authorities, differentiated where appropriate according to the type of competent authorities, the type of access and the purpose for which the data is used;

(c)   the technical specifications for the transmission or access to the data referred to in point (a), including, where relevant, the maximum duration that the data is retained, differentiated where appropriate according to the type of data.

6.   Any personal data referred to in this Article shall be accessed or stored for no longer than is strictly necessary for the purposes for which the data were collected or for which they are further processed. Once such data are no longer needed for those purposes, they shall be destroyed.

7.   Member States shall, at least three times per year, undertake concerted roadside checks on posting, which may coincide with checks performed in accordance with Article 5 of Directive 2006/22/EC. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of posting of two or more Member States, each operating in its own territory. Member States shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place.

The summary results of the concerted checks shall be made public in line with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. [Am. 864]

Article 2e

Amendment to Regulation (EU) No 1024/2012

In the Annex to Regulation (EU) No 1024/2012 the following points are added:"

“12a. Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Regulations (EC) No 561/2006 and (EU) No 165/2014 and Directive 2002/15/EC of the European Parliament and of the Council as regards social legislation relating to road transport activities, and repealing Council Directive 88/599/EEC: Article 8

12b.   Directive of the European Parliament and of the Council of amending Directive 2006/22/EC as regards enforcement requirements and laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in the road transport sector: Article 2(5). [Am. 865]

"

Article 3

Reporting and review

1.  The Commission shall evaluate the implementation of this Directive, in particular the impact of Article 2, by [3 years after the date for transposition of this Directive] and report to the European Parliament and the Council on the application of this Directive. The report by the Commission shall, if appropriate, be accompanied by a legislative proposal.

1.  Member States shall report annually to the Commission on the implementation of this Directive, in particular on the implementation of smart enforcement referred to in Article 2d and on the potential difficulties in enforcement.

In order to enable the effectiveness of enforcement information to be assessed, the report shall include information on the effectiveness of:

–   the smart tachograph, referred to in Chapter II of Regulation (EU) No 165/2014;

–   the use of IMIs, referred to in Article 2 (5a) and (5b) of this Directive;

–   the use of electronic transport documents, such as electronic consignment notes under the Convention on the Contract for the International Carriage of Goods by Road (eCMR);

–   the exchange of information between competent authorities via ERRU and IMI, as well as the information on the effectiveness of authorities direct and real time access to both ERRU and IMI via the EU application during road side checks, as referred to in Articles 8 and 9 of Directive 2006/22/EC; and

–   the implementation of the training programme aiming to help drivers and all other actors involved in the procedure, including undertakings, administrations, inspectors to adapt to the new rules and requirements affecting them.

2.  Following the report referred to in paragraph 1, the Commission shall regularly evaluate this Directive and submit the evaluation results to the European Parliament and the Council.

2.  The Commission may adopt implementing acts specifying the format of, and setting guidelines for, the reporting referred to in paragraph 1.

Those implementing acts may include rules requiring that Member States provide the Commission with data on traffic flows and data on the Member States of registration of vehicles collected by toll systems in Member States, where such data exists, for the purpose of assessment of the effectiveness of enforcement of this Directive.

3.  Where appropriate, the reports referred to in paragraphs 1 and 2 shall be accompanied by relevant proposals.

3.  No later than 31 December 2025, the Commission shall submit a report to the European Parliament and the Council on the implementation and effects of this Directive, in particular as regards the effectiveness of enforcement, including a cost benefit analysis of use of weighing sensors for the purpose of automatic recording of loading/unloading points. The Commission report shall be accompanied, if appropriate, by a legislative proposal. The report shall be made public. [Am. 866]

Article 3a

Training

In the interests of ensuring compliance with the provisions of this Directive, both the Commission and the Member States shall establish a comprehensive and integrated programme of training and adaptation to the new rules and requirements for drivers and all other actors involved in the procedure, undertakings, administrations, inspectors. [Am. 867]

Article 4

1.  Member States shall adopt and publish, by […] [The time limit for transposition will be as short as possible and, generally, will not exceed two years] at the latest, 30 July 2020 the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. [Am. 868]

The transport sector, due to its recognised highly mobile nature, is exempt from the measures deriving from the legislative act amending Directive 96/71/EC until this Directive shall become applicable. [Am. 869]

The transport sector is exempt from the measures deriving from the legislative act amending Directive 96/71/EC until the entry into force of enforcement requirements laying down specific rules with respect to transport of this Directive. [Am. 870]

They shall apply those provisions from […].

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

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

Article 5

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

Article 6

This Directive is addressed to the Member States.

Done at ...,

For the European Parliament For the Council

The President The President

(1)OJ C 197, 8.6.2018, p. 45.
(2)OJ C 176, 23.5.2018, p. 57.
(3)OJ C 197, 8.6.2018, p. 45.
(4)OJ C 176, 23.5.2018, p. 57.
(5) Position of the European Parliament of 4 April 2019.
(6)Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p.1).
(7)Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
(8) Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p.51).
(9)Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(10)Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p.1)
(11)Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11).
(12)COM(2016)0128.
(13)Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72).
(14)Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ L 300, 14.11.2009, p.88).
(15) Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1).
(16)Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(Framework Directive) (OJ L 263, 9.10.2007, p. 1).
(17)Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32)
(18) Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L 288, 18.10.1991, p. 32).


Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs (COM(2017)0277 – C8-0167/2017 – 2017/0122(COD))
P8_TA(2019)0340A8-0205/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0277),

–  having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0167/2017),

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

–  having regard to the opinion of the European Economic and Social Committee of 18 January 2018(1),

–  having regard to the opinion of the Committee of the Regions of 1 February 2018(2),

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

–  having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Employment and Social Affairs (A8-0205/2018),

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 4 April 2019 with a view to the adoption of Regulation (EU) …/... of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards on minimum requirements on maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and Regulation (EU) 165/2014 as regards positioning by means of tachographs

P8_TC1-COD(2017)0122


THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,

Having regard to the proposal from the European Commission,

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

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

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

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

Whereas:

(1)  Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to creating a safe, efficient and socially accountable and non-discriminatory road transport sector, which is able to attract qualified workers. To facilitate that process it is essential that the Union social rules in road transport are clear, proportionate, fit for purpose, easy to apply and to enforce and implemented in an effective and consistent manner throughout the Union. [Am. 346]

(2)  Having evaluated the effectiveness and efficiency of the implementation of the existing set of Union social rules in road transport, and in particular Regulation (EC) No 561/2006 of the European Parliament and of the Council(6), certain deficiencies were identified in the existing implementation of the legal framework. Unclear and unsuitable rules on weekly rest, resting facilities, breaks in multi-manning and the absence of rules on the return of drivers to their home or to another location of their choice, lead to diverging interpretations and enforcement practices in the Member States. Several Member States recently adopted unilateral measures further increasing legal uncertainty and unequal treatment of drivers and operators. On the other hand, the maximum driving periods per day and per week, as set out in Regulation (EC) No 561/2006, are effective in improving the social conditions of road drivers and road safety in general and therefore steps should be taken to ensure that they are respected. [Am. 347]

(2a)   It is in the interests of road safety and enforcement that all drivers should be fully aware of both the rules on driving and rest times and the availability of rest facilities. Therefore, it is appropriate for Member States to work to produce guidance that presents this Regulation in a clear and simple manner, gives useful information on parking and rest facilities and underlines the importance combating fatigue. [Am. 348]

(2b)   It is in the interests of road safety to encourage transport undertakings to adopt a safety culture which includes safety policies and procedures issued by senior management, the commitment to implementing safety policy shown by the line management and the willingness to comply with safety rules shown by the workforce. There should be a clear focus on road transport safety issues, including fatigue, liability, journey planning, rostering, performance-based pay and ´just in time´ management. [Am. 349]

(3)  The ex-post evaluation of Regulation (EC) No 561/2006 confirmed that inconsistent and ineffective enforcement of the Union social rules was mainly due to unclear rules, inefficient and unequal use of the control tools and insufficient administrative cooperation between the Member States, increasing the fragmentation of the European internal market. [Am. 350]

(4)  Clear, suitable and evenly enforced rules are also crucial for achieving the policy objectives of improving working conditions for drivers, and in particular ensuring undistorted and fair competition between operators and contributing to road safety for all road users. [Am. 351]

(4a)   Any national rules applied to road transport must be proportionate as well as justified and must not hinder or make less attractive the exercise of fundamental freedoms guaranteed by the Treaty, such as the free movement of goods and the freedom to provide services in order to maintain or even increase the competitiveness of the European Union. [Am. 352]

(4b)  In order to ensure a European wide-level playing field in road transport, this Regulation should apply to all vehicles exceeding 2,4 tonnes engaged in international transport. [Am. 353/rev]

(5)  The existing requirement on breaks turned out to be unsuitable and impractical for drivers in a team. Therefore, it is appropriate to adapt the requirement on recording breaks to the specificity of the transport operations carried out by drivers driving in a team.

(5a)   Transporting goods is fundamentally different from transporting people. Coach drivers are in close contact with their passengers and should be in a position to take breaks with greater flexibility without extending driving periods or shortening rest periods and breaks. [Am. 354]

(6)  Drivers engaged in long-distance international transport operations spend long periods away from their home. The current requirements on the regular weekly rest unnecessarily prolong those periods. It is thus desirable to adapt the provision on the regular weekly rest in such a way that it is easier for drivers to carry out transport operations in compliance with the rules and to reach their home or a destination of their choosing for a regular weekly rest, and be fully compensated for all reduced weekly rest periods. It is also necessary to provide that operators organise the work of drivers in such a way that these periods away from home are not excessively long. When a driver chooses to spend this rest period at home, the transport undertaking should provide the driver with the means to return. [Am. 355]

(6a)   Where the work of a driver predictably includes activities for the employer other than his/her professional driving tasks, such as loading / unloading, finding parking space, maintaining the vehicle, route preparation etc, the time he/she needs to perform these tasks should be taken into account when determining both his/her working time, the possibility for adequate rest and pay. [Am. 356]

(6b)   In order to safeguard working conditions of the drivers at places of loading and unloading, owners and operators of such facilities should provide the driver with the access to hygienic facilities. [Am. 357]

(6c)  Rapid technological progress is resulting in the development of autonomous driving systems with increasing levels of sophistication. In the future, those systems could allow for a differentiated usage of vehicles the manoeuvring of which does not involve a driver. This could lead to new operational possibilities, such as truck platooning. As a result, existing legislation, including rules on driving and resting times, will need to be adapted, for which progress at the UNECE Working Party level is essential. The Commission shall come forward with an evaluation report of the use of autonomous driving systems in the Member States, accompanied, if appropriate, by a legislative proposal to take into account the benefits of autonomous driving technologies. The intention of this legislation is to guarantee road safety, a level-playing field and proper working conditions, whilst enabling the EU to pioneer new innovative technologies and practices. [Am. 358]

(7)  There are differences among Member States in the interpretation and implementation of the weekly rest requirements as regards the place where the weekly rest should be taken. It In order to ensure good working conditions and the safety of drivers, it is therefore appropriate to clarify that requirement to ensure that drivers are provided with adequate quality and gender friendly accommodation or another location as chosen by the driver and paid for by the employer for their regular weekly rest periods if they are taken away from home. Member States should ensure the availability of sufficient secure parking areas that are adapted to the needs of the drivers. [Am. 359]

(7a)  Dedicated Parking areas should have all of the facilities necessary for good resting conditions, that is to say sanitary, culinary, security and others. [Am. 360]

(7b)  Adequate resting facilities are crucial for improving drivers working conditions in the sector and maintaining road safety. As rest in the cabin is characteristic for the transport sector and in certain cases desirable from a comfort and suitability perspective, drivers should be allowed to take their rest in their vehicle, if the vehicle is equipped with suitable sleeping facilities. Therefore the creation of dedicated parking areas should not be disproportionally hindered or obstructed by Member States. [Am. 361]

(7c)  The revised TEN-T guidelines foresee the development of parking area’s on motorways approximately every 100 km to provide parking space for commercial road users with an appropriate level of safety and security and therefore Member States should be encouraged to implement the TEN-T guidelines and sufficiently support and invest in safe and suitably adapted parking areas. [Am. 362]

(7d)  In order to provide good quality affordable rest facilities, the Commission and Member States should encourage the establishment of social, commercial, public and other enterprises for the operation of dedicated parking areas. [Am. 363]

(8)  Drivers are often faced with unforeseen circumstances which make it impossible to reach a desired destination for taking a weekly rest without violating Union rules. It is desirable to make it easier for drivers to cope with those circumstances and enable them to reach their destination for a weekly rest without breaching the requirements on maximum driving times.

(8a)  Many road transport operations within the Union involve transport by ferry or by rail for part of the journey. Clear, appropriate provisions regarding rest periods and breaks should therefore be laid down for such operations. [Am. 364]

(9)  To reduce and prevent diverging enforcement practices and to further enhance the effectiveness and efficiency of cross-border enforcement it is crucial to establish clear rules for regular administrative cooperation between Member States.

(9a)  In order to guarantee effective enforcement, it is essential that the competent authorities, when carrying out roadside checks should be able to ascertain that driving times and rest periods have been properly observed on the day of the check and over the preceding 56 days. [Am. 365]

(9b)   In order to ensure that rules are clear, easy to understand and enforceable, information must be made accessible to the drivers. This should be achieved through the coordination of the Commission. Drivers should also receive information on rest areas and secure parking to allow for better planning of journeys. Furthermore, through the Commission's coordination a free telephone hotline should be installed to alert control services in case undue pressure is put on drivers, fraud or illegal behaviour. [Am. 366]

(9c)  Article 6 of Regulation (EC) No 1071/2009 obliges Member States to apply common classification of infringements when assessing good repute. Member States should take all measures necessary to ensure that national rules on penalties applicable to infringements of Regulation (EC) No 561/2006 and Regulation (EU) No 165/2014 are implemented in an effective, proportionate and dissuasive manner. Further steps are needed to ensure that all penalties applied by Member States are non-discriminatory and proportionate to the seriousness of infringement. [Am. 367]

(10)  In order to ensure uniform conditions for the implementation of Regulation (EC) No 561/2006 implementing powers should be conferred on the Commission in order to clarify any of the provisions of that Regulation and to establish common approaches on their application and enforcement. Those powers should be exercised in accordance with Regulation (EU) No 182/2011(7).

(11)  To enhance cost-effectiveness of enforcement of the social rules the potential of the current and future smart tachograph systems should be fully exploited mandatory in international transport. Therefore the functionalities of the tachograph should be improved to allow for more precise positioning, in particular during international transport operations. [Am. 368]

(11a)   The rapid development of new technologies and digitalisation throughout the Union economy and the need for a level playing field among companies in international road transport make it necessary to shorten the transitional period for the installation of the smart tachograph in registered vehicles. The smart tachograph will contribute to simplified controls and thus facilitate the work of national authorities. [Am. 369]

(11b)   Taking into account the wide-spread use of smartphones and the continuous development of their functionalities, and in view of the deployment of Galileo, which offers increasing opportunities for real time localisation, which many mobile already use, the Commission should explore the possibility of developing and certifying a mobile application that offers the same benefits as those offered by the smart tachograph, at the same associated costs. [Am. 370]

(11c)  In order to guarantee appropriate health and safety standards for drivers, it is necessary to establish or upgrade secure parking areas, adequate sanitary facilities and quality accommodation. A sufficient network of parking areas should exist within the Union. [Am. 371]

(12)  Regulations (EC) No 561/2006 and (EU) 165/2014 of the European Parliament and of the Council(8) should therefore be amended accordingly.

(12a)  Acknowledges that transporting goods is different from transporting people. Coach drivers are in close contact with their passengers and should be given more suitable conditions within the framework of this Regulation without extending driving times or shortening rest periods and breaks. Therefore, the Commission shall evaluate if specific rules for this sector can be adopted, especially for occasional services as defined in Article 2 paragraph 1 point 4 of Regulation (EC) No 1073/2009 of the European Parliament and the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, [Am. 372]

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 561/2006 is amended as follows:

(-1)  in Article 2(1), the following point is inserted:"

"(-aa) of goods in international transport operations, where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 2,4 tonnes; or"; [Am. 373]

"

(-1a)   in Article 3, point (aa) is replaced by the following:"

“(aa) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used for carrying materials, equipment or machinery for the driver’s use in the course of his work, or delivering goods which have been produced on a craft basis in the undertaking employing the driver and which are used only within a 150 km radius from the base of the undertaking and on the condition that driving the vehicle does not constitute the driver’s main activity;”; [Am. 374]

"

(1)  in Article 3, the following point (h) is replaced by the following:"

"(h) vehicles or combinations of vehicles used for the non-commercial carriage of goods;";

"

(1a)  in Article 3, the following point is inserted:"

“(ha) light commercial vehicles that are used for the transport of goods, where the transport is not effected for hire or reward, but on the own account of the company or the driver, and where driving does not constitute the main activity of the person driving the vehicle;”; [Am. 375]

"

(2)  in Article 4, the following point (r) is added:"

"(r) 'non-commercial carriage' means any carriage by road, other than carriage for hire or reward or for own account, for which no remuneration is received and which does not generate any income or turnover.”; [Am. 376]

"

(2a)   in Article 4, the following point is added:"

“(ra) ‘home’ means the registered residence of the driver in a Member State.”; [Am. 377]

"

(2b)   in Article 5, paragraph 1 is replaced by the following:"

1. The minimum age for drivers shall be 18 years.”; [Am. 378]

"

(3)  in Article 6(5), the first sentence is replaced by the following:"

"A driver shall record as other work any time spent as described in Article 4(e) as well as any time spent driving a vehicle used for commercial operations not falling within the scope of this Regulation, and shall record any periods of availability, as defined in Article 3(b) of Directive 2002/15/EC, in accordance with Article 34(5)(b)(iii) of Regulation (EU) No 165/2014. This record shall be entered either manually on a record sheet, a printout or by use of manual input facilities on recording equipment.";

"

(4)  in Article 7, the following third paragraph is added:"

"A driver engaged in multi-manning may decide to take a break of 45 minutes in a vehicle driven by another driver provided that the driver taking the break is not involved in assisting the driver driving the vehicle.";

"

(5)  Article 8 is amended as follows:

(a)  in paragraph 6, the first subparagraph is replaced by the following:"

"6. In any four consecutive weeks a driver shall take at least:

   (a) four regular weekly rest periods, or
   (b) two regular weekly rest periods of at least 45 hours and two reduced weekly rest periods of at least 24 hours.

For the purposes of point (b), the reduced weekly rest periods shall be compensated by an equivalent period of rest taken en bloc before the end of the third week following the week in question. [Am. 379]

"

(b)  paragraph 7 is replaced by the following:"

"7. Any rest period taken as compensation for a reduced weekly rest period shall immediately precede or follow be attached to a regular weekly rest period of at least 45 hours."; [Am. 381]

"

(c)  the following paragraphs are inserted:"

"8a. The regular weekly rest periods and any weekly rest of more than 45 hours taken in compensation for previous reduced weekly rest shall not be taken in a vehicle.They shall be taken in a suitable quality and gender friendly accommodation, outside the cabin, with adequate sleeping and sanitary sanitary and sleeping facilities; for the driver. That accommodation shall be: [Am. 382]

   (a) either provided by or paid for by the employer; or [Am. 383]
   (b) at the driver’s home or at another private location chosen by the driver. [Am. 384]

8b.  A transport undertaking shall organise the work of drivers in such a way that the drivers are able to spend at least one regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for reduced weekly rest at home within or another location of the driver's choosing before the end of each period of three four consecutive weeks. The driver shall inform the transport undertaking in writing no later than two weeks before such rest period, if it will be taken in a place other than the driver’s home. When a driver chooses to take this rest at home, the transport undertaking shall provide the driver with the necessary means to return home. The undertaking shall document how it fulfils this obligation and shall keep the documentation at its premises in order to present it on request of control authorities. [Am. 385]

The driver shall declare that a regular weekly rest period or a weekly rest of more than 45 hours taken in compensation for a reduced weekly rest, has been taken in a location of driver’s choice. The declaration shall be kept at the premises of undertaking.”; [Am. 386]

"

(ca)   the following paragraph is added:"

“9a. The Commission shall no later than … [two years after entry into force of this amending Regulation]evaluate and report to Parliament and Council if more adequate rules for drivers engaged in occasional services of carriage of passengers can be adopted, as defined in Article 2 paragraph 1 number 4 of Regulation (EC) No 1073/2009 of the European Parliament and the Council of 21 October 2009 on common rules for access to the international market for coach and bus services.”; [Am. 380]

"

(5a)  the following Article is inserted:"

"Article 8a

1.  By ... [six months after the entry into force of this Regulation] Member States shall communicate to the Commission the locations of Dedicated Parking Areas (DPA) available on their territories and shall subsequently notify any changes to this information. The Commission shall list all publicly accessible DPA on a single official website that is regularly updated.

2.  All parking areas that have at least the facilities and features set out in Annex 1 and which are published by the Commission in accordance with paragraph 2 may indicate at their entrance that they are DPA.

3.  Member States shall ensure that random checks are carried out on a regular basis to verify compliance of parking characteristics with the DPA criteria set out in Annex.

4.  Member States shall investigate complaints of certified DPAs that are non-compliant with the criteria set out in Annex.

5.  Member States shall encourage the creation of Dedicated Parking areas in line with the provisions set out in point (c) of Article 39(2) of the Regulation (EU) No 1315/2013.

The Commission shall, by 31 December 2020 at the latest, present a report to the European Parliament and the Council on the availability of suitable rest facilities for drivers and secured parking facilities. This report shall be accompanied by the draft regulation establishing standards and procedures for certification of DPA referred to in paragraph 4 of this Article. This report shall be updated annually on the basis of information gathered by the Commission under paragraph 5 and contain a list of proposed measures to increase the number and quality of suitable rest facilities for drivers and secured parking facilities.” [Am. 387]

"

(6)  in Article 9, paragraph 1 is replaced by the following:"

"1. By way of derogation from Article 8, where a driver accompanies a vehicle which is transported by ferry or train, and takes a regular daily rest period or reduced weekly rest period, that period may be interrupted not more than twice by other activities not exceeding one hour in total. During that regular daily rest or reduced weekly rest period the driver shall have access to a sleeper cabin, bunk or couchette at their disposal."; [Am. 388]

"

(6a)  in Article 9, the following paragraph is inserted:"

"1a. The derogation in paragraph 1 may be extended to regular weekly rests when the ferry journey is 12 hours or more in duration. During that weekly rest period the driver shall have access to a sleeper cabin."; [Am. 389]

"

(6b)  in Article 10, paragraph 1 is replaced by the following:"

"1. A transport undertaking shall not give drivers it employs or who are put at its disposal any extra payment, even in the form of a bonus or wage supplement, related to distances travelled, the speed of delivery and/or the amount of goods carried if that payment encourages infringement of this Regulation.;[Am. 390]

"

(7)  in Article 12, the following paragraph is added:"

"Provided that road safety is not thereby jeopardised, the driver may depart exceptionally from Article 8(2) and the second subparagraph of Article 8(6) 6(1) and (2) after a rest of 30 minutes, so as to be able to reach a suitable accommodation as referred to in Article 8(8a) to take a daily or weekly rest there. Such a departure shall not result in exceeding daily or weekly driving times or shortening daily or weekly rest periods within two hours the employer's operational centre where the driver is normally based and where the driver’s regular weekly rest shall begin. The driver shall indicate the reason for such departure manually on the record sheet of the recording equipment or on a printout from the recording equipment or in the duty roster, at the latest on arrival at the suitable accommodation. This period of up to two hours shall be compensated by an equivalent period of rest taken en bloc with any rest period, by the end of the third week following the week in question.”; [Am. 391]

"

(7a)  in Article 13(1), point (d) is replaced by the following:"

(d) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used by universal service providers as defined in Article 2 (13) of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service to deliver items as part of postal items as defined in Article 2(6) of Directive 97/67/EC.”; [Am. 392]

"

(7b)   in Article 13(1), point (e) is replaced by the following:"

"(e) vehicles operating exclusively on islands or regions isolated from the rest of the national territory not exceeding 2 300 square kilometres in area which are not connected to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles, and which do not border another Member State;"; [Am. 393]

"

(7c)  in Article 13(1), the following point is added:"

"(pa) vehicles or combinations of vehicles with a maximum permissible mass not exceeding 44 tonnes employed by a construction undertaking up to a 100 km radius from the base of the undertaking, and on condition that driving the vehicles does not constitute the driver's main activity;"; [Am. 394]

"

(8)  in Article 14, paragraph 2 is replaced by the following:"

"2. In urgent cases Member States may grant, under exceptional circumstances, a temporary exception for a period not exceeding 30 days, which shall be duly justified and notified immediately to the Commission.

This information shall be published on a dedicated public website maintained by the Commission in all EU languages."; [Am. 395]

"

(9)  Article 15 is replaced by the following:"

"Article 15

Member States shall ensure that drivers of vehicles referred to in Article 3(a) are governed by national rules which provide adequate protection in terms of permitted driving times and mandatory breaks and rest periods. It is in the interests of drivers’ working conditions, as well as road safety and enforcement that Member States shall inform the Commission about the relevant national rules applicable to such drivers provide parking and rest areas, free from snow and ice in the wintertime, especially in the outermost and/or peripheral regions of the European Union."; [Am. 396]

"

(9a)  in Article 17, the following paragraph is inserted:"

"3a. The report shall include an evaluation of the use of autonomous driving systems in the Member States and the possibility for the driver to record the period during which an autonomous driving system is activated and shall be accompanied, if appropriate, by a legislative proposal to amend this Regulation, including the necessary requirements for the driver to record those data in the smart tachograph."; [Am. 397]

"

(10)  in Article 19, paragraph 1 is replaced by the following:"

"1. Member States shall lay down rules on penalties applicable to infringements of this Regulation and Regulation (EU) No 165/2014 and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, and proportionate to their the gravity as determined in accordance with of the infringements, as indicated in Annex III to Directive 2006/22/EC of the European Parliament and of the Council(9), dissuasive and non-discriminatory. No infringement of this Regulation and of Regulation (EU) No 165/2014 shall be subjected subject to more than one penalty or procedure. The Member States shall, notify the Commission of those measures and the rules on penalties by the date specified in the second subparagraph of Article 29, notify the Commission of those rules and measures, along with the method and criteria chosen at national level for assessing their proportionality. The Member States They shall notify without delay any subsequent amendments thereto amendment affecting them. The Commission shall inform Member States accordingly of those rules and measures, and of any amendments thereto.

This information shall be published on a dedicated public website maintained by the Commission in all EU languages, containing detailed information on such penalties applicable in EU Member States."; [Am. 398]

"

(11)  Article 22 is amended as follows:

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

"1. Member States shall work in close cooperation and provide each other with mutual assistance without undue delay in order to facilitate the consistent application of this Regulation and its effective enforcement, in line with the requirements set out in Article 8 of Directive 2006/22/EC.”;

"

(b)  in paragraph 2, the following point (c) is added:"

"(c) other specific information, including the risk rating of the undertaking, liable to have consequences for compliance with the provisions of this Regulation.";

"

(c)  the following paragraphs are inserted:"

"3a. For the purpose of the exchange of information within the framework of this Regulation, Member States shall use the bodies for intracommunity liaison designated pursuant to Article 7 of Directive 2006/22/EC.

3b.  Mutual administrative cooperation and assistance shall be provided free of charge.";

"

(12)  in Article 25, paragraph 2 is replaced by the following:"

"2. In the cases referred to in paragraph 1 the Commission shall adopt implementing acts setting out common approaches for the implementation of this Regulation, in accordance with the advisory procedure referred to in Article 24(2)."; [Am. 399]

"

(12a)  The following Annex is added:"

"Minimum requirements for the parking areas

Part A: Service facilities

   (1) Toilets with water taps, clean, in working condition and checked regularly:
   up to 10 places, at least one toilet block with four toilets;
   from 10 up to 25 places, at least one toilet block with eight toilets;
   from 25 up to 50 places, at least two toilet blocks with 10 toilets each;
   from 50 up to 75 places, at least two toilet blocks with 15 toilets each;
   from 75 up to 125 places, at least four toilet blocks with 15 toilets each;
   over 125 places, at least six toilet blocks with 15 toilets each.
   (2) Showers clean, in working condition and checked regularly:
   up to 10 places, at least one shower block with two showers;
   from 25 up to 50 places, at least two shower blocks with five showers each;
   from 50 up to 75 places, at least two shower blocks with 10 showers each;
   from 75 up to 125 places, at least four shower blocks with 12 showers each;
   over 125 places, at least six shower blocks with 15 showers each.
   (3) Adequate access to drinking water;
   (4) Suitable cooking facilities, snack-bar or restaurant;
   (5) Shop present with variety of food, beverages etc. at the site or nearby;
   (6) Waste bins available in adequate amount and capacity;
   (7) Shelter against rain or sun near parking area;
   (8) Contingency plan/ management available/ emergency contacts known to the staff;
   (9) Picnic tables with benches or alternatives available in reasonable amount;
   (10) Dedicated Wi-Fi service;
   (11) Cashless reservation, payment and invoice system;
   (12) Indication system of slot availability both at the location and online;
   (13) The facilities are gender friendly.

Part B: Security features

   (1) A continuous separation of the parking area and its surroundings, such as fences or alternative barriers, which prevents casual entry and intentional unlawful entry or delays the entry;
   (2) Only users of the truck parking area and truck parking area staff are to be given access to the parking;
   (3) Digital recording (at least 25fps) in place. The system records either continuously or in motion detection mode;
   (4) CCTV system that has the possibility to cover the whole fence ensuring that all activities near or at the fence can be clearly recorded (CCTV recording view);
   (5) Site surveillance by patrols or otherwise;
   (6) Each crime incident shall be reported to the truck parking area staff and the police. If possible the vehicle has to be kept stationary pending instructions from police;
   (7) Lighted driving and pedestrian lanes at all times;
   (8) Pedestrian safety in the dedicated parking areas;
   (9) Parking area surveillance through appropriate and proportionate security checks;
   (10) Clearly indicated phone number(s) of emergency services." [Am. 400]

"

Article 2

Regulation (EU) No 165/2014 is amended as follows:

(-1)  in article 1, paragraph 1 is replaced by the following:"

1. This Regulation sets out obligations and requirements in relation to the construction, installation, use, testing and control of tachographs used in road transport, in order to verify compliance with Regulation (EC) No 561/2006, Directive 2002/15/EC of the European Parliament and of the Council(10) and Council Directive 92/6/EEC(11), Regulation (EC) No 1072/2009, Council Directive 92/106/EEC(12), Directive 96/71/EC and Directive 2014/67/EU as far as the posting of workers in road transport is concerned, and with the Directive laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in road transport.”; [Am. 401]

"

(-1a)  in Article 2(2), the following point is inserted:"

"(ha) ‘smart tachograph’ means a digital tachograph using a positioning service based on a satellite navigation system automatically determining its position in accordance with this Regulation;"; [Am. 402]

"

(-1b)  in Article 3, paragraph 4 is replaced by the following:"

“4. No later than(13) ... [3 years after the entry into force of this amending Regulation], the following vehicles shall be fitted with a smart tachograph:

   (a) vehicles operating in a Member State other than their Member State of registration which are fitted with an analogue tachograph;
   (b) vehicles operating in a Member State other than their Member State of registration which are fitted with a digital tachograph complying with the specifications in Annex IB to Council Regulation (EEC) No 3821/85 applicable until 30 September 2011; or
   (c) vehicles operating in a Member State other than their Member State of registration which are fitted with a digital tachograph complying with the specifications in Annex IB to Council Regulation (EEC) No 3821/85 applicable from 1 October 2011.”; [Am. 403]

"

(-1c)  in Article 3, the following paragraph is inserted:"

“4a. By ... [4 years after the entry into force of this amending Regulation], vehicles operating in a Member State other than their Member State of registration which are fitted with a digital tachograph complying with Annex IB to Council Regulation (EEC) No 3821/85 applicable from 1 October 2012 shall be fitted with a smart tachograph.”; [Am. 404]

"

(-1d)  in Article 3, the following paragraph is inserted:"

“4b. By ... [5 years after the entry into force of this amending Regulation], vehicles operating in a Member State other than their Member State of registration which are fitted with a smart tachograph complying with Annex IC to Commission Implementing Regulation (EU) 2016/799(14) shall be fitted with a smart tachograph.”; [Am. 405]

"

(-1e)   in Article 4(2), after the third indent, the following indent is inserted:"

“– have enough memory capacity to store all of the data required under this Regulation;”; [Am. 406]

"

(-1f)   In Article 7, paragraph 1 is replaced by the following:"

"1. Member States shall ensure that the processing of personal data in the context of this Regulation is carried out solely for the purpose of verifying compliance with this Regulation and with Regulation (EC) No 561/2006, Directive 2002/15/EC, Council Directive 92/6/EEC, Council Directive 92/106/EEC, Regulation (EC) No 1072/2009, Directive 96/71/EC and Directive 2014/67/EU as far as posting of workers in road transport is concerned, and with the Directive laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in road transport, in accordance with Regulation (EU) 2016/679 and Directive 2002/58/EC and under the supervision of the supervisory authority of the Member State referred to in Article 51 of Regulation (EU) No 2016/679."; [Am. 407]

"

(-1g)   in Article 7, the introductory part of paragraph 2 is replaced by the following:"

"2. Member States shall, in particular, ensure that personal data are protected against uses other than those strictly linked to this Regulation and Regulation (EC) 561/2006, Directive 2002/15/EC, Council Directive 92/6/EEC, Council Directive 92/106/EEC, Regulation (EC) No 1072/2009, Directive 96/71/EC and Directive 2014/67/EU as far as posting of workers in road transport is concerned, and with the Directive laying down specific rules with respect to Directive 96/71/EC and Directive 2014/67/EU for posting drivers in road transport, in accordance with paragraph 1, in relation to:"; [Am. 408]

"

(1)  in Article 8(1), the second indent is replaced by the following:"

"– every three hours of accumulated driving time and every time the vehicle crosses the border of a Member State; [Am. 409]

   every time the vehicle performs loading or unloading activities;"; [Am. 410]

"

(1a)  in Article 8(1), the following subparagraph is inserted:"

“In order to facilitate the verification of compliance by control authorities, the smart tachograph shall also record, if the vehicle has been employed for the carriage of goods or passengers, as required by Regulation (EC) No 561/2006.”; [Am. 411]

"

(1b)  in Article 8(1), the following subparagraph is added:"

“Vehicles registered for the first time from ... [24 months after the entry into force of this amending Regulation] shall be fitted with a tachograph in accordance with the second indent of the first subparagraph of Article 8(1) and the second subparagraph of Article 8(1) of this Regulation.”; [Am. 412]

"

(1c)  in Article 9, paragraph 2 is replaced by the following:"

2. By … [1 year after entry into force of this Regulation], Member States shall equip their control authorities to an appropriate extent with remote early detection equipment necessary to permit the data communication referred to in this Article, taking into account their specific enforcement requirements and strategies. Until that time, Member States may decide whether to equip their control authorities with such remote early detection equipment."; [Am. 413/rev]

"

(1d)  in Article 9, paragraph 3 is replaced by the following:"

"3. The communication referred to in paragraph 1 shall be established with the tachograph only when so requested by the equipment of the control authorities. It shall be secured to ensure data integrity and authentication of the recording and control equipment. Access to the data communicated shall be restricted to control authorities authorised to check infringements of the Union legal acts set out in Article 7(1) and of this Regulation and to workshops in so far as it is necessary to verify the correct functioning of the tachograph."; [Am. 414]

"

(1e)  in Article 11, paragraph 1 is replaced by the following:"

"In order to ensure that smart tachographs comply with the principles and requirements set out in this Regulation, the Commission shall, by means of implementing acts, adopt detailed provisions necessary for the uniform application of Articles 8, 9 and 10, excluding any provisions which would provide for the recording of additional data by the tachograph.

By … [12 months after the entry into force of this amending Regulation], the Commission shall adopt implementing acts laying down detailed rules for recording any border crossing of the vehicle referred to in the second indent of the first subparagraph of Article 8(1) and in the second subparagraph of Article 8(1).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3)."; [Am. 415]

"

(1f)  in Article 34(5), point b, point (iv) is replaced by the following:"

"(iv) under the sign 20190404-P8_TA(2019)0340_EN-p0000002.png: breaks, rest, annual leave or sick leave, under the sign "ferry/train": In addition to the sign 20190404-P8_TA(2019)0340_EN-p0000003.png: the rest period spending on a ferry or train as required by Article 9 of Regulation (EC) 561/2006."; [Am. 416]

"

(2)  in Article 34(7), the first subparagraph is replaced by the following:"

"7. Where the tachograph is not able to automatically record the border crossing, the driver shall at the first possible and available stopping place enter in the digital tachograph the symbols of the countries in which the daily working period started and finished as well as where and when the driver has crossed a border in the vehicle on arrival at the suitable stopping place. The country’s code after crossing a border into a new country shall be entered under the heading BEGIN on the tachograph. Member States may require drivers of vehicles engaged in transport operations inside their territory to add more detailed geographic specifications to the country symbol, provided that those Member States have notified those detailed geographic specifications to the Commission before 1 April 1998."; [Am. 417]

"

(2a)   in Article 34, the following paragraph is added:"

"7a. Drivers shall be provided with training on how to correctly use a tachograph in order to achieve full use of the equipment. The driver must not be responsible for the cost of their training, which should be provided by their employer."; [Am. 418]

"

(2b)   in Article 34, the following paragraph is added:"

"7b. The maximum amount of control authorities should be trained on how to correctly read and monitor a tachograph."; [Am. 419]

"

(2c)  in Article 36(1), point (i) is replaced by the following:"

"(i) the record sheets for the current day and those used by the driver in the previous 56 days,"; [Am. 420]

"

(2d)  in Article 36(1), point (iii) is replaced by the following:"

"(iii) any manual records and printouts made during the current day and the previous 56 days as required under this Regulation and Regulation (EC) No 561/2006."; [Am. 421]

"

(2e)  in Article 36(2), point (ii) is replaced by the following:"

"(ii) any manual records and printouts made during the current day and the previous 56 days as required under this Regulation and Regulation (EC) No 561/2006,"; [Am. 422]

"

Article 3

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

(1)OJ C 197, 8.6.2018, p. 45.
(2)OJ C 176, 23.5.2018, p. 57.
(3)OJ C 197, 8.6.2018, p. 45.
(4)OJ C 176, 23.5.2018, p. 57.
(5) Position of the European Parliament of 4 April 2019.
(6)Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
(7)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).
(8)Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).
(9)Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ L 102, 11.4.2006, p. 35).
(10)Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ L 80, 23.3.2002, p. 35).
(11)Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ L 57, 2.3.1992, p. 27).
(12)Council Directive 92/106/EEC of 7 December 1992 on the establishment of common rules for certain types of combined transport of goods between Member States (OJ L 368, 17.12.1992, p. 38).
(13)Assuming the entry into force of the road package in 2019, the Commission’s implementing act for smart tachograph version 2 by 2019/2020 (see Art. 11 below), applying thereafter a staggered approach to retrofitting.
(14)Commission Implementing Regulation (EU) 2016/799 of 18 March 2016 implementing Regulation (EU) No 165/2014 of the European Parliament and of the Council laying down the requirements for the construction, testing, installation, operation and repair of tachographs and their components (OJ L 139, 26.5.2016, p. 1.)


Adapting to development in the road transport sector ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector (COM(2017)0281 – C8-0169/2017 – 2017/0123(COD))
P8_TA(2019)0341A8-0204/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0281),

–  having regard to Article 294(2) and Article 91(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0169/2017),

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

–  having regard to the opinion of the Economic and Social Committee of 18 January 2018(1),

–  having regard to the opinion of Committee of the Regions of 1 February 2018(2),

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

–  having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Employment and Social Affairs (A8-0204/2018),

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 4 April 2019 with a view to the adoption of Regulation (EU) ... /… of the European Parliament and of the Council amending Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 with a view to adapting them to developments in the sector

P8_TC1-COD(2017)0123


(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91(1) thereof,

Having regard to the proposal from the European Commission,

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

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

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

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

Whereas:

(1)  Experience with the implementation of Regulations (EC) No 1071/2009(6) and (EC) No 1072/2009(7) revealed that the rules provided for in those regulations offered scope for improvement on a number of points.

(2)  So far, and unless otherwise provided for in national law, the rules on access to the occupation of road transport operator do not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass, including that of trailers, not exceeding 3.5 tonnes or combinations of vehicles not exceeding that limit. The number of such undertakings which are active in both national and international transport operations has been increasing. As a result, several Member States have decided to apply the rules on access to the occupation of road transport operator, provided for in Regulation (EC) No 1071/2009, to those undertakings. In order to avoid possible loopholes and to ensure a minimum level of professionalisation of the sector using motor vehicles with a permissible laden mass not exceeding, including that of trailers, of 2.4 to 3.5 tonnes for international transport by way of common rules, and thus to approximate competitive conditions between all operators, this provision should be deleted, whereas the requirements regarding effective and stable establishment and appropriate financial standing for engagement in the occupation of road transport operator should be rendered mandatory apply equally, while avoiding a disproportionate administrative burden. Since this Regulation only applies to undertakings transporting goods for hire or reward, undertakings performing transport operations for own account are not covered by this provision. [Am. 110]

(2a)  In its impact assessment, the Commission estimates savings for businesses in the range of EUR 2,7 to 5,2 billion in the period 2020-2035. [Am. 111]

(3)  Currently, Member States are entitled to make access to the occupation of road transport operator subject to requirements additional to those specified in Regulation (EC) No 1071/2009. This possibility has not proven to be necessary in order to respond to imperative needs and has led to divergences in respect of such access. It should therefore be abolished.

(4)  It In order to combat the phenomenon of so-called ‘letterbox companies’ and guarantee fair competition and a level playing field in the internal market, clearer establishment criteria, more intensive monitoring and enforcement, and improved cooperation between Member States is necessary. to ensure that Road transport operators established in a Member State should have a real and continuous presence in that Member State and actually conduct their transport business and perform substantial activities from there. Therefore, and in light of experience, it is necessary to clarify and strengthen the provisions regarding the existence of an effective and stable establishment, while avoiding a disproportionate administrative burden. [Am. 112]

(5)  To the extent that access to the occupation depends on the good repute of the undertaking concerned, clarifications are needed as regards the persons whose conduct must be taken into account, the administrative procedures which must be followed and waiting periods in respect of rehabilitation once a transport manager has lost good repute.

(6)  In view of their potential to considerably affect the conditions for fair competition in the road haulage market, serious infringements of national tax rules should be added to the items relevant to the assessment of good repute.

(7)  In view of their potential to considerably affect the road haulage market, as well as the social protection of workers, serious infringements of Union rules on the posting of workers, cabotage and the law applicable to contractual obligations should be added to the items relevant to the assessment of good repute. [Am. 113]

(8)  Given the importance of fair competition in the market, infringements of Union rules relevant to this issue should be taken into account in the assessment of the good repute of transport managers and transport undertakings. The empowerment of the Commission to define the degree of seriousness of relevant infringements should be clarified accordingly.

(9)  National competent authorities have had difficulties identifying the documents which may be submitted by transport undertakings to prove their financial standing, in particular in the absence of certified annual accounts. The rules regarding evidence required to prove financial standing should be clarified.

(10)  Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding, including that of trailers, between 2.4 and 3.5 tonnes or with combinations of vehicles not exceeding that limit and engaged in international transport operations, should have a minimum level of financial standing, to ensure that they have the means to carry out operations on a stable and long-lasting basis. However, since the operations concerned conducted with these vehicles are generally of a limited size, the corresponding requirements should be less demanding than those applicable to operators using vehicles or combinations of vehicles above that limit. [Am. 114]

(11)  The information about transport operators contained in the national electronic registers should be as complete as possible and up-to-date to allow national authorities in charge of enforcing the relevant rules to have a sufficient overview of the operators being investigated. In particular, information regarding the registration number of the vehicles at the disposal of operators, the number of employees they hire, and their risk rating and their basic financial information should allow a better national and cross-border enforcement of the provisions of Regulations(EC) No 1071/2009 and (EC) No 1072/2009, as well as other relevant Union legislations. Furthermore, in order to provide enforcement officials, including those performing roadside checks, with a clear and complete overview of the transport operators being checked, they should have direct and real-time access to all relevant information. Therefore, the national electronic registers should be truly interoperable and the data contained therein should be directly and in real-time accessible to all designated enforcement officials of all Member States. The rules on the national electronic register should therefore be amended accordingly. [Am. 115]

(12)  The definition of the most serious infringement concerning exceeding the daily driving time, as provided for in Annex IV of Regulation (EC) No 1071/2009, does not fit the existing relevant provision laid down in Regulation (EC) No 561/2006 of the European Parliament and of the Council(8). That inconsistency leads to uncertainty and diverging practices among national authorities and ensuing difficulties in the enforcement of the rules in question. That definition should therefore be clarified to ensure consistency between the two Regulations.

(13)  The rules on national transport performed on a temporary basis by non-resident hauliers in a host Member State ('cabotage') should be clear, simple and easy to enforce, while broadly maintaining the level of liberalisation achieved so far. [Am. 116]

(14)  In order to avoid empty runs, cabotage operations should be allowed, subject to specific restrictions, in the host Member State. To this end, and in order to facilitate checks and to eliminate uncertainty, the limitation on the number of cabotage operations subsequent to an international carriage should be abolished, while the number of days available for such operations should be reduced. [Am. 117]

(14a)  In order to prevent cabotage operations from being carried out on a systematic basis, which could create a permanent or continuous activity that distorts the national market, the period available for cabotage operations in one host Member State should be reduced. In addition, hauliers should not be allowed to carry out new cabotage operations in the same host Member State within a certain time period and until they have performed a new international carriage originating from the Member State where the undertaking is established. This provision is without prejudice to the performance of international transport operations. [Am. 118]

(15)  Effective and efficient enforcement of the rules is a prerequisite for fair competition in the internal market. Further digitalisation of enforcement tools is essential in order to free up enforcement capacity, reduce unnecessary administrative burden on international transport operators and in particular SMEs, better target high-risk transport operators and detect fraudulent practices. In order for transport documents to become paperless, the use of electronic documents should in the future become the rule, particularly the electronic consignment note under the Convention on the Contract for the International Carriage of Goods by Road (eCMR). The means by which road transport operators can prove compliance with the rules for cabotage operations should be clarified. The use and transmission of electronic transport information should be recognised as such means, which should simplify the provision of relevant evidence and its treatment by the competent authorities. The format used for that purpose should ensure reliability and authenticity. Considering the increasing use of efficient electronic exchange of information in transport and logistics, it is important to ensure coherence in the regulatory frameworks and provisions addressing the simplification of administrative procedures. [Am. 119]

(15a)  The swift introduction of the smart tachograph is of paramount importance, as it will enable enforcement authorities carrying out roadside checks to detect infringements and abnormalities quicker and more efficiently, which would result in better enforcement of this Regulation. [Am. 120]

(16)  Transport undertakings are the addressees of the rules on international carriage and are, as such, subject to the consequences of any infringements committed by them. However, in order to prevent abuses by undertakings contracting transport services from road haulage operators, Member States should also provide for sanctions on consignors, shippers, and freight forwarders in case they knowingly commission , contractors and subcontractors where they know that the transport services which that they commission involve infringements of the provisions of Regulation (EC) No 1072/2009. When undertakings contracting transport services commission those services from transport undertakings with a low risk rating, their liability should be reduced. [Am. 121]

(16a)   The proposed European Labour Authority aims at supporting and facilitating the cooperation and exchange of information between national competent authorities, with a view to the effective enforcement of relevant Union law. In supporting and facilitating the enforcement of this Regulation, the Authority may play an important role in assisting the exchange of information between competent authorities, in supporting Member States in capacity building through staff exchange and training, and in assisting Member States in organizing concerted checks. This would strengthen the mutual trust between Member States, improve effective cooperation between competent authorities and help fighting fraud and abuse of the rules. [Am. 122]

(16b)   Road transport legislation should be reinforced to ensure a good application and enforcement of the ROME I regulation in a way that labour contracts reflect the habitual place of work of employees. Complementary to, and directly linked with ROME I Regulation are the fundamental rules of Regulation (EC) No 1071/2009 intended to fight letterbox companies and to ensure proper establishment criteria of companies. These rules need to be strengthened to guarantee the rights of employees when temporarily working outside their country of habitual work, and to ensure fair competition between transport undertakings. [Am. 123]

(17)  Insofar as this Regulation introduces a degree of harmonisation in certain areas so far not harmonised by Union law, in particular in respect of transport with light commercial vehicles and enforcement practices, its objectives, namely to approximate conditions of competition and improve enforcement,cannot be sufficiently achieved by the Member States but can rather, by reason of the nature of the objectives pursued in combination with the cross-border nature of road transport, be better achieved at Union level. Therefore, the Union may adopt measures, in line with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve the objectives pursued.

(18)  In order to take into account market developments and technical progress the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to amend Annexes I, II and III to Regulation (EC) No 1071/2009, to supplement that Regulation by drawing up a list of categories, types and degrees of seriousness of serious infringements which, in addition to those set out in Annex IV to Regulation (EC) No 1071/2009, may lead to the loss of good repute and to amend Annexes I, II and III to Regulation (EC) No 1072/2009. 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 line with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016(9). 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 the Commission's expert groups meetings dealing with the preparation of delegated acts.

(19)  Regulation (EC) No 1071/2009 and Regulation (EC) No 1072/2009 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1071/2009 is amended as follows:

(1)  Article 1 is amended as follows:

(a)  paragraph 4 is amended as follows:

(i)  point (a) is deleted replaced by the following:"

'(a) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles the permissible laden mass of which, including that of trailers, is lower than 2.4 tonnes;

   (aa) undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles the permissible laden mass of which, including that of trailers, is lower than 3.5 tonnes that are engaged exclusively in national transport operations;'; [Am. 124]

"

(ii)  point (b) is replaced by the following:"

'(b) undertakings engaged in road passenger transport services exclusively for non-commercial purposes or which have a main occupation other than that of road passenger transport operator.

Any carriage by road for the purpose of which no remuneration is received and which does not create any income is not to generate any profit for the driver or others, such as carriage of persons for charity purposes or for strictly private use where the service is provided on a charitable or philanthropic basis, is to be considered as carriage exclusively for non-commercial purposes;'; [Am. 125]

"

(b)  the following paragraph 6 is added:"

'6. Article 3(1)(b) and (d) and Articles 4, 6, 8, 9, 14, 19 and 21 shall not apply to undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes.

Member States may, however:

   (a) require those undertakings to apply some or all of the provisions referred to in the first subparagraph;
   (b) lower the limit referred to in the first subparagraph for all or some categories of road transport operations.'; [Am. 126]

"

(2)  in Article 3, paragraph 2 is deleted;

(3)  Article 5 is amended as follows:

(a)  point (a) is replaced by the following:"

'(a) have appropriate premises, in proportionate to the activities of the undertaking, at which it keeps is able to access the originals of its core business documents, whether in electronic or any other form, in particular its commercial contracts, accounting documents, personnel management documents, labour contracts, social security documents, documents containing data relating to cabotage, posting and driving time and rest and any other document to which the competent authority must have access in order to verify compliance with the conditions laid down in this Regulation;'; [Am. 127]

"

(aa)  the following point is inserted:"

‘(aa) the vehicles referred to in point (b) shall perform, in the framework of a transport contract, at least one loading or one unloading of goods every four weeks in the Member State of establishment;’; [Am. 128]

"

(b)  point (c) is replaced by the following:"

'(c) conduct effectively and continuously its administrative and commercial activities with the appropriate administrative equipment and facilities at premises as referred to in point (a) situated in that Member State;'; [Am. 129]

"

(c)  the following point (d) is added:"

'(d) manage effectively and continuously the transport operations carried out with using the vehicles referred to in point (b) with the appropriate technical equiment equipment situated in that Member State;'; [Am. 130]

"

(d)  the following point (e) is added:"

'(e) hold assets and employ staff proportionate to the activity of the establishment.';

"

(da)  the following point (f) is added:"

‘(f) have a clear link between the transport operations carried out and the Member State of establishment, an operating centre and access to sufficient parking places for regular use by the vehicles referred to in point (b);’; [Am. 131]

"

(db)  the following point (g) is added:"

‘(g) recruit and employ drivers under the law applicable to labour contracts of that Member State;’; [Am. 132]

"

(dc)  the following point (h) is added:"

‘(h) ensure that the establishment is the place in which or from which workers habitually carry out their work according to Regulation (EC) No 593/2008 of the European Parliament and of the Council* and/or the Rome Convention.

________________

* Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).’; [Am. 133]

"

(4)  Article 6 is amended as follows:

(a)  paragraph 1 is amended as follows:

(i)  the second subparagraph is replaced by the following:"

'In determining whether an undertaking has satisfied that requirement, Member States shall consider the conduct of the undertaking, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State. Any reference in this Article to convictions, penalties or infringements shall include convictions, penalties or infringements of the undertaking itself, its transport managers, executive directors, general partners in the case of partnerships, other legal representatives and any other relevant person as may be determined by the Member State.';

"

(ii)  in point (a) of the third subparagraph the following point (vii) is added:"

'(vii) tax law.';

"

(iii)  in point (b) of the third subparagraph the following points (xi), and (xii) and (xiii) are added:"

'(xi) the posting of workers;

   (xii) the law applicable to contractual obligations;
   (xiii) cabotage.'; [Am. 134]

"

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

'2. For the purposes of point (b) of the third subparagraph of paragraph 1,where the transport manager or the transport undertaking has been convicted of a serious criminal offence or has incurred a penalty for one of the most serious infringements of Union rules as set out in Annex IV, in one or more Member States, the competent authority of the Member State of establishment shall carry out and complete in an appropriate and timely manner an administrative procedure, which shall include, if appropriate, an on-site inspection at the premises of the undertaking concerned.

During the administrative procedure, the transport manager or other legal representatives of the transport undertaking, as the case may be, shall be given the right to present their arguments and explanations.

During the administrative procedure, the competent authority shall assess whether, due to specific circumstances, the loss of good repute would constitute a disproportionate response in the individual case. In that assessment, the competent authority shall take into account the number of serious infringements of national and Union rules as referred to in the third subparagraph of paragraph 1, as well as the number of most serious infringements of Union rules as set out in Annex IV, for which the transport manager or the transport undertaking have been convicted or had penalties imposed on them. Any such finding shall be duly reasoned and justified.

Where the competent authority finds that the loss of good repute would be disproportionate, it shall decide that the undertaking concerned continues to be of good repute. The reasons for this decision shall be recorded in the national register. The number of such decisions shall be indicated in the report referred to in Article 26(1).

Where the competent authority does not find that the loss of good repute would be disproportionate, the conviction or penalty shall lead to the loss of good repute;';

"

(c)  the following paragraph 2a is inserted:"

'2a. The Commission is empowered to adopt delegated acts in line with Article 24 establishing a list of categories, types and degrees of seriousness of serious infringements of Union rules as referred to in point (b) of the third subparagraph of paragraph 1 which, in addition to those set out in Annex IV, may lead to the loss of good repute. Member States shall take into account information on those infringements, including information received from other Member States, when setting the priorities for checks pursuant to Article 12(1).

To that end, the Commission shall:

   (a) lay down the categories and types of infringement which are most frequently encountered;
   (b) define the degree of seriousness of infringements according to their potential to create a risk of fatalities or serious injuries and or to distort competition in the road transport market, including by undermining the working conditions of transport workers; [Am. 135]
   (c) provide the frequency of occurrence beyond which repeated infringements shall be regarded as more serious, taking into account the number of drivers used for the transport activities managed by the transport manager.';

"

(5)  Article 7 is amended as follows:

(a)  in paragraph 1, the first subparagraph is replaced by the following:"

'In order to satisfy the requirement laid down in Article 3(1)(c), an undertaking shall, on a permanent basis, be able to meet its financial obligations in the course of the annual accounting year. The undertaking shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, it has at its disposal equity capital totalling at least EUR 9 000 when only one vehicle is used and EUR 5 000 for each additional vehicle with a permissible laden mass, including that of trailers, exceeding 3.5 tonnes used and EUR 900 for each additional vehicle with a permissible laden mass, including that of trailers, between 2.4 and 3.5 tonnes used. Undertakings engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding, including that of trailers, between 2.4 and 3.5 tonnes shall demonstrate, on the basis of annual accounts certified by an auditor or a duly accredited person, that, every year, they have at their disposal equity capital totalling at least EUR 1 800 when only one vehicle is used and EUR 900 for each additional vehicle used.'; [Am. 136]

"

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

'2. By way of derogation from paragraph 1, in the absence of certified annual accounts the competent authority shall agree that an undertaking demonstrate its financial standing by means of a certificate, such as a bank guarantee, a document issued by a or an insurance, including a professional liability insurance from one or more banks or other financial institution establishing access to credit in the name of the undertaking institutions including insurance companies, or another binding document proving that providing a joint and several guarantee for the undertaking has at its disposal in respect of the amounts specified in the first subparagraph of paragraph 1.'; [Am. 137]

"

(5a)  in Article 8, paragraph 5 is replaced by the following:"

'Member States may promote periodic training on the subjects listed in Annex I at three-year intervals to ensure that the person or persons referred to in paragraph 1 are sufficiently aware of developments in the sector.'; [Am. 138]

"

(6)  in Article 8, paragraph 9 is replaced by the following:"

'9. The Commission is empowered to adopt delegated acts in line with Article 24 to amend Annexes I, II and III in order to adapt them to market developments and technical progress.';

"

(7)  in Article 11(4), the third subparagraph is deleted;

(8)  in Article 12(2), the second subparagraph is deleted replaced by the following:"

‘Member States shall carry out checks at least every three years to verify that undertakings fulfil the requirements laid down in Article 3.’; [Am. 139]

"

(9)  in Article 13(1), point (c) is replaced by the following:"

'(c) a time limit not exceeding six months where the requirement of financial standing is not satisfied, in order to demonstrate that that requirement is again satisfied on a permanent basis.';

"

(10)  in Article 14(1), the following second subparagraph is added:"

'The competent authority shall not rehabilitate the transport manager earlier than one year from the date of the loss of good repute.';

"

(10a)   Article 14(2) is replaced by the following:"

'2. Unless and until a rehabilitation measure is taken in accordance with the relevant provisions of national law, the certificate of professional competence, referred to in Article 8(8), of the transport manager declared to be unfit shall no longer be valid in any Member State. The Commission shall draw up a list of rehabilitation measures for regaining good repute.'; [Am. 140]

"

(11)  Article 16 is amended as follows:

(a)  paragraph 2 is amended as follows:

(-ia)  point (c) is replaced by the following:"

'(c) the names of the transport managers designated to meet the requirements laid down in Article 3 relating to good repute and professional competence or, as appropriate, the name of a legal representative;'; [Am. 141]

"

(i)  the following points (g), (h), (i) and (j) are added:"

'(g) the registration numbers of the vehicles at the disposal of the undertaking pursuant to Article 5(b);

   (h) the number of employees people employed in the undertaking during the last calendar year; [Am. 142]
   (i) the total assets, liabilities, equity and turnover during the last two years;
   (j) the risk rating of the undertaking pursuant to Article 9 of Directive 2006/22/EC.';

"

(ia)  the following point (ja) is added:"

'(ja) labour contracts of international drivers of the past six months.'; [Am. 143]

"

(ii)  the second, third and fourth subparagraphs are replaced by the following:"

'Member States may choose to keep the data referred to in points (e) to (j) of the first subparagraph in separate registers. In such a case, the relevant data shall be available upon request or directly accessible to all the competent authorities of the Member State in question. The requested information shall be provided within five working days of receipt of the request. The data referred to in points (a) to (d) of the first subparagraph shall be publicly accessible, in line with the relevant provisions on personal data protection. [Am. 144]

In any case, The data referred to in points (e) to (j) of the first subparagraph shall only be accessible to authorities other than the competent authorities where they are duly endowed with powers relating to supervision and the imposition of penalties in the road transport sector and their officials are sworn to, or otherwise are under a formal obligation of secrecy. [Am. 145]

For the purpose of Article 14a of Regulation (EC) No 1072/2009, the data referred to in point (j) shall be available upon request to consignors, freight forwarders, contractors and subcontractors.'; [Am. 146]

"

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

'4. Member States shall take all necessary measures to ensure that all the data contained in the national electronic register is kept up to date and is accurate.';

"

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

'5. In order to increase the effectiveness of cross-border enforcement, Member States shall ensure that the national electronic registers are interconnected and interoperable throughout the Union via the European Register of Road Transport Undertakings (ERRU) referred to in Commission Implementing Regulation (EU) 2016/480, so that the data referred to in paragraph 2 is directly accessible to all competent enforcement authorities and control bodies of all Member States in real-time.'; [Am. 147]

"

(bb)  paragraph 6 is replaced by the following:"

‘6. The Commission is empowered to adopt delegated acts in accordance with Article 24a to establish and update common rules to ensure that the national electronic registers are fully interconnected and interoperable, so that a competent authority or control body in any Member State is able to directly and in real-time access the national electronic register of any Member State as stipulated in paragraph 5. Such common rules shall include rules on the format of the data exchanged, the technical procedures for electronic consultation of the national electronic registers of the other Member States and the interoperability of these registers, as well as specific rules concerning access to data, data logging and data monitoring.’; [Am. 148]

"

(c)  paragraph 7 is deleted;

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

'Article 18

Administrative cooperation between Member States

1.  The competent authorities of the Member States shall designate a national contact point responsible for the exchange of information with the other Member States on the application cooperate closely and swiftly provide one another with mutual assistance and any other relevant information in order to facilitate the implementation and enforcement of this Regulation. Member States shall inform the Commission of the names and addresses of their national contact points by 31 December 2018. The Commission shall draw up a list of all contact points and forward it to the Member States.Member States shall immediately communicate to the Commission any changes to the contact points. [Am. 149]

1a.  For the purposes of paragraph 1, administrative cooperation provided for in this Article shall be implemented through the Internal Market Information System (IMI), established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council*, which allows all operators to provide data in their own languages.[Am. 150]

2.  A Member State which receives notification of a serious infringement which has resulted in a conviction or a penalty in another Member State during the last two years shall record that infringement in its national electronic register.

3.  Member States shall reply to requests for information from all competent authorities of other Member States and, where necessary, carry out checks, inspections and investigations concerning compliance with the requirement laid down in Article 3(1)(a) by road transport operators established in their territory. Requests for information by competent authorities of Member States shall be duly justified and reasoned. To this end, requests shall include credible indications of possible infringements of Article 3(1)(a). [Am. 151]

4.  Where the requested Member State considers that the request is insufficiently reasoned,it shall inform the requesting Member State accordingly within ten five working days. The requesting Member State shall further substantiate the request. Where this is not possible, the request may be rejected by the Member State. [Am. 152]

5.  Where it is difficult or impossible to comply with a request for information or to carry out checks, inspections or investigations, the Member State in question shall inform the requesting Member State accordingly within ten five working days, with reasons duly justifying that difficulty or impossibility. The Member States concerned shall discuss cooperate with each other with a view to finding a solution for any difficulty raised. In the event of any persisting problem in the exchange of information, or of a permanent refusal to supply information without proper justification, the Commission, being informed and after consulting the Member States concerned, may take all necessary measures to remedy the situation. [Am. 153]

6.  In response to requests under paragraph 3, Member States shall supply the requested information and carry out the required checks, inspections and investigations within twenty-five fifteen working days from the receipt of the request, unless another time limit is mutually agreed between the Member States concerned or unless they have informed the requesting Member State that the request is insufficiently reasoned or of the impossibility or the difficulties pursuant to paragraphs 4 and 5 and no solution for those difficulties has been found. [Am. 154]

7.  Member States shall ensure that the information transmitted to them in line with this Article is used only in respect of the matter(s) for which it was requested.

8.  Mutual administrative cooperation and assistance shall be provided free of charge.

9.  A request for information shall not preclude the competent authorities from taking measures in line with the relevant national and Union law to investigate and prevent alleged breaches of this Regulation.

_______________________

* Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’), (OJ L 316, 14.11.2012, p. 1).';

"

(12a)  the following Article 18a is inserted:"

‘Article 18a

Accompanying measures

1.  Member States shall take accompanying measures to develop, facilitate and promote exchanges between officials in charge of the administrative cooperation and mutual assistance between Member States as well as those in charge of monitoring the compliance with, and enforcement of, the applicable rules of this Regulation.

2.  The Commission shall provide technical and other support in order to further improve administrative cooperation and increase mutual trust between Member States, including through promoting staff exchanges and joint training programmes, as well as developing, facilitating and promoting best practice initiatives. The Commission may, without prejudice to the prerogatives of the European Parliament and the Council in the budgetary procedure, use available financing instruments to further strengthen capacity building and administrative cooperation between Member States.

3.  Member States shall establish a programme of peer-reviews in which all competent enforcement authorities are to participate, ensuring the appropriate rotation of both the reviewing and the reviewed competent enforcement authorities. Member States shall notify those programmes to the Commission every two years as part of the report on the activities of the competent authorities referred to in Article 26.’; [Am. 155]

"

(13)  Article 24 is deleted;

(14)  the following Article 24a is inserted:"

'Article 24a

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 6(2) and Article 8(9) shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this (amending) Regulation].

3.  The delegation of power referred to in Article 6(2) and Article 8(9) 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 line with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.*

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 under Article 6(2) and Article 8(9) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within 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.

___________________

* OJ L 123, 12.5.2016, p. 1.';

"

(15)  in Article 25, paragraph 3 is deleted;

(16)  in Article 26, the following paragraphs 3, 4 and 5 are added:"

'3. Every year, Member States shall draw up a report on the use of motor vehicles with a permissible laden mass not exceeding, including that of trailers, between 2.4 and 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes involved in international transport and established in their territory and shall forward it to the Commission no later than 30 June of the year after the end of the reporting period. This report shall include: [Am. 156]

   (a) the number of authorisations granted to operators engaged in the occupation of road haulage operator solely by means of motor vehicles with a permissible laden mass not exceeding, including that of trailers, between 2.4 and 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5 tonnes involved in international transport; [Am. 157]
   (b) the number of motor vehicles with a permissible laden mass not exceeding, including that of trailers, between 2.4 and 3,5 tonnes involved in international transport, registered in the Member State in each calendar year; [Am. 158]
   (c) the overall number of motor vehicles with a permissible laden mass not exceeding, including that of trailers, between 2.4 and 3,5 tonnes involved in international transport, registered in the Member State as of 31 December of each year; [Am. 159]
   (d) the estimated share of motor vehicles with a permissible laden mass not exceeding, including that of trailers, between 2.4 and 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding 3.5, as well as those under 2.4 tonnes, in the overall road transport activity of all vehicles registered in the Member State, broken down by national, international and cabotage operations. [Am. 160]

4.  On the basis of the information gathered by the Commission under paragraph 3 and of further evidence, the Commission shall,by 31 December 2024 at the latest, present a report to the European Parliament and the Council on the evolution of the total number of motor vehicles with a permissible laden mass not exceeding 3.5 tonnes or combinations of vehicles with a permissible laden mass not exceeding, including that of trailers, between 2.4 and 3.5 tonnes engaged in national and international road transport operations. On the basis of this report, it shall reassess whether it is necessary to propose additional measures. [Am. 161]

5.  Every year Member States shall report to the Commission on the requests made by them under Article 18(3) and (4)18, on the replies received from other Member States and on the actions that they have taken on the basis of the information provided.'; [Am. 162]

"

(16a)  the following paragraph 5a is added:"

'5a. On the basis of the information gathered by the Commission under paragraph 5 and of further evidence, the Commission shall, by 31 December 2020 at the latest, present a detailed report to the European Parliament and the Council on the extent of administrative cooperation between Member States, on any possible shortcomings in this respect and on possible ways to improve the cooperation. On the basis of this report, it shall assess whether it is necessary to propose additional measures.'; [Am. 163]

"

(17)  in Annex IV, in point 1, point (b) is replaced by the following:"

'(b) exceeding, during a daily working period, the maximum daily driving time limit by a margin of 50 % or more.';

"

Article 2

Regulation (EC) No 1072/2009 is amended as follows:

(1)  in paragraph 1 of Article 1, the following subparagraph is added:"

'The carriage of empty containers or pallets shall be considered as carriage of goods for hire or reward whenever it is subject to a transport contract.';

"

(1a)  in paragraph 1 of Article 1, the following subparagraph is added: "

‘The time limits referred to in articles 8(2) and 8(2a) of this Regulation shall also apply to incoming or outgoing carriage of goods by road as either the domestic initial and/or domestic final leg of a combined transport journey as laid down in Council Directive 92/106/EEC.’; [Am. 164]

"

(1b)  Article 1(2) is replaced by the following:"

‘2. In the event of carriage from a Member State to a third country and vice versa, this Regulation shall apply to the part of the journey on the territory of any Member State crossed in transit. However, this journey in transit shall be excluded from the application of the directive on posted workers. It shall not apply to that part of the journey on the territory of the Member State of loading or unloading, as long as the necessary agreement between the Community and the third country concerned has not been concluded.’; [Am. 165]

"

(1c)  in paragraph 5, point (c) is replaced by the following:"

'(c) carriage of goods in motor vehicles the permissible laden mass of which, including that of trailers, is lower than 2,4 tonnes;'; [Am. 166]

"

(2)  Article 2 is amended as follows:

(a)  point 6 is replaced by the following:"

'6. ‘cabotage operation’ means national carriage for hire or reward carried out on a temporary basis in a host Member State, involving the carriage from the picking up of the goods at one or several loading points until their delivery at one or several delivery points, as specified in the consignment note;';

"

(aa)  the following point is added:"

'7a. 'transit' means laden journey by a vehicle through one or more Member States or third countries where the point of departure and the point of arrival is not in those Member States or third countries.'; [Am. 167]

"

(3)  Article 4 is amended as follows:

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

‘(ba) carries out international transport carriage with vehicles equipped with a smart tachograph as laid down in Article 3 and Chapter II of Regulation (EU) No 165/2014 of the European Parliament and of the Council*.

____________________

* Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ L 60, 28.2.2014, p. 1).’; [Am. 168]

"

(a)  in paragraph 2, the third subparagraph is replaced by the following:"

'The Commission is empowered to adopt delegated acts in line with Article 14b to amend this Regulation to adapt the maximum period of validity of the Community licence to market developments.';

"

(b)  in paragraph 4, the second subparagraph is replaced by the following:"

'The Commission is empowered to adopt delegated acts in line with Article 14b to amend Annexes I and II in order to adapt them to technical progress.';

"

(4)  in Article 5, paragraph 4 is replaced by the following:"

'4. The Commission is empowered to adopt delegated acts in line with Article 14b to amend Annex III in order to adapt it to technical progress.';

"

(5)  Article 8 is amended as follows:

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

'2. Once the goods carried in the course of an incoming international carriage from another Member State or from a third country to a host Member State have been delivered, hauliers referred to in paragraph 1 shall be allowed to carry out, with the same vehicle or, in the case of a coupled combination, the motor vehicle of that same vehicle, cabotage operations in the host Member State or in contiguous Member States. The last unloading in the course of a cabotage operation shall take place within 5 3 days from the last unloading in the host Member State in the course of the incoming international carriage., subject to the applicable transport contract;'; [Am. 169]

"

(aa)  the following paragraph is inserted:"

‘2a. Following the end of the 3 day period referred to in paragraph 2, hauliers shall not be permitted to carry out with the same vehicle, or, in the case of a coupled combination, with the motor vehicle of that combination, cabotage operations in the same host Member State within 60 hours after the return to the haulier’s Member State of establishment and until they have performed a new international carriage originating from the Member State where the undertaking is established.’; [Am. 170]

"

(b)  in paragraph 3, the first subparagraph is replaced by the following:"

'National road haulage services carried out in the host Member State by a non-resident haulier shall only be deemed to comply with this Regulation if the haulier can produce clear evidence of the preceding international carriage.';

"

(c)  the following paragraph 4a is inserted:"

'4a. Evidence referred to in paragraph 3 shall be presented or transmitted to the authorised inspecting officer of the host Member State on request and within the duration of the roadside check. It may be Member States shall accept that the evidence is presented or transmitted electronically, using a revisable structured format which can be used directly for storage and processing by computers, such as the eCMR.* an electronic consignment note under the Convention on the Contract for the International Carriage of Goods by Road (eCMR). During the roadside check, the driver shall be allowed to contact the head office, the transport manager or any other person or entity which may provide the evidence referred to in paragraph 3.’; [Am. 171]

­­­­­­­­­­­­­­­­­­_________________

* Electronic consignment note under the 'Convention on the Contract for the International Carriage of Goods by Road'.';

"

(5a)  in Article 9(1), the following point is added:"

‘(ea) the remuneration and paid annual leave, as stipulated in points (b) and (c) of the first subparagraph of Article 3(1) of Directive 96/71/EC of the European Parliament and of the Council*.

______________

* Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ L 18, 21.1.1997, p. 1).’; [Am. 172]

"

(6)  in Article 10(3), the first subparagraph is replaced by the following:"

'The Commission shall examine the situation on the basis in particular of the relevant data and, after consulting the committee established pursuant to Article 42(1) of Regulation (EC) No 165/2014 of the European Parliament and of the Council,* shall decide within one month of receipt of the Member State’s request whether or not safeguard measures are necessary and shall adopt them if they are necessary.

________________

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

"

(7)  the following Article 10a is inserted:"

'Article 10a

Checks Smart enforcement [Am. 173]

1.  Each In order to further enforce the obligations stipulated under this Chapter, Member State States shall organise checks in such a way that, as from 1 January 2020, in every calendar year at least 2 % of all cabotage operations performed in ensure that a coherent national enforcement strategy is applied on their territory are checked. They That strategy shall increase the percentage to at least 3 % from 1 January 2022. The basis for the calculation of that percentage shall be the total cabotage activity in the Member State in terms of tonnes-kilometres in year t-2, as reported by Eurostat focus on undertakings with a high risk rating, referred to in Article 9 of Directive 2006/22/EC of the European Parliament and of the Council*. [Am. 174]

1a.  Each Member State shall ensure that the checks provided for in Article 2 of Directive 2006/22/EC will include, where relevant, a check on cabotage operations. [Am. 175]

2.  Member States shall target those undertakings which are classed as posing an increased risk of infringing the provisions of the present Chapter, applicable to them. For that purpose, Member States shall, within the risk classification system established by them under Article 9 of Directive 2006/22/EC of the European Parliament and of the Council* and extended in accordance with Article 12 of Regulation (EC) No 1071/2009 of the European Parliament and of the Council,** treat the risk of such infringements as a risk in its own right.

2a.  For the purpose of paragraph 2, Member States shall have access to relevant information and data recorded, processed or stored by the smart tachograph referred to in Chapter II of Regulation (EU) No 165/2014 and in electronic transport documents, such as electronic consignment notes under the Convention on the Contract for the International Carriage of Goods by Road (eCMR). [Am. 176]

2b.  Member States shall give access to those data solely to competent authorities authorised to check infringements of legal acts stipulated in this Regulation. Member States shall notify the Commission of contact details of all competent authorities within their territory that they have designated to have access to those data. By ... [XXX] the Commission shall draw up a list of all competent authorities and forward it to the Member States. The Member States shall notify any subsequent changes thereto without delay. [Am. 177]

2c.  The Commission is empowered to adopt delegated acts in accordance with Article 14b to stipulate the characteristics of the data to which Member States shall have access to, the conditions for their use and the technical specifications for their transmission or access, specifying in particular:

   (a) a detailed list of information and data to which national competent authorities shall have access to, which shall include at least the time and location of border crossings, loading and unloading operations, the registration plate of the vehicle and the driver details;
   (b) the access rights of the competent authorities, differentiated where appropriate according to the type of competent authorities, the type of access and the purpose for which the data is used;
   (c) the technical specifications for the transmission or access to the data referred to in point (a), including, where relevant, the maximum duration that the data is retained, differentiated where appropriate according to the type of data. [Am. 178]

2d.  Any personal data referred to in this Article shall be accessed or stored for no longer than is strictly necessary for the purposes for which the data were collected or for which they are further processed. Once such data are no longer needed for those purposes, they shall be destroyed. [Am. 179]

3.  Member States shall, at least three times per year, undertake concerted roadside checks on cabotage operations, which may coincide with checks performed in accordance with Article 5 of Directive 2006/22/EC. Such checks shall be undertaken at the same time by the national authorities in charge of enforcing the rules in the field of road transport of two or more Member States, each operating in its own territory. The national contact points designated in accordance with Article 18(1) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council**** Member States shall exchange information on the number and type of infringements detected after the concerted roadside checks have taken place. [Am. 180]

______________________

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

** Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).';

"

(8)  the following Articles 14a and 14b are inserted:"

'Article 14a

Liability

Member States shall provide for effective, proportionate and dissuasive sanctions against consignors, freight forwarders, contractors and subcontractors for non-compliance with Chapters II and III, where they knowingly commission know or ought reasonably to know that the transport services which that they commission involve infringements of this Regulation.

Where consignors, freight forwarders, contractors and subcontractors commission transport services from transport undertakings with a low risk rating, as referred to in Article 9 of Directive 2006/22/EC, they shall not be liable for sanctions for infringements, unless it is proved that they had actual knowledge of those infringements. [Am. 181]

Article 14b

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 4(2) and (4) and Article 5(4) is conferred on the Commission for an indeterminate period of time from [date of entry into force of this (amending) Regulation].

3.  The delegation of power referred to in Article 4(2) and (4) and Article 5(4) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect 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 line 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 under Article 4(2) and (4) and Article 5(4) 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.

___________________

* OJ L 123, 12.5.2016, p. 1.';

"

(9)  Article 15 is deleted;

(10)  Article 17 is replaced by the following:"

'Article 17

Reporting

1.  By 31 January of every year, at the latest, Member States shall inform the Commission of the number of hauliers possessing Community licences as of 31 December of the previous year and of the number of certified true copies corresponding to the vehicles in circulation on that date.

2.  By 31 January of every year, at the latest, Member States shall inform the Commission of the number of driver attestations issued in the previous calendar year as well as the total number of driver attestations as of 31 December of the previous calendar year.

3.  By ... [two years after the date of entry into force of this Regulation], at the latest, Member States shall forward to the Commission their national enforcement strategy adopted pursuant to Article 10a. By 31 January of every year, at the latest, Member States shall inform the Commission on the number of cabotage checks enforcement operations performed in the previous calendar year pursuant to Article 10a, including, where appropriate, the number of checks performed. This information shall include the number of vehicles checked and the number of tonnes-kilometres checked. [Am. 182]

3a.  The Commission shall draw up a report on the state of the Union road transport market by the end of 2022. The report shall contain an analysis of the market situation, including an evaluation of the effectiveness of controls and the evolution of employment conditions in the profession. [Am. 183]

"

Article 3

Review

1.  The Commission shall evaluate the implementation of this Regulation, in particular the impact of Article 2 amending Article 8 of Regulation (EC) No 1072/2009, by [3 years after the date of entry into force of this Regulation] and report to the European Parliament and the Council on the application of this Regulation. The report by the Commission shall, if appropriate, be accompanied by a legislative proposal.

2.  Following the report referred to in paragraph 1, the Commission shall regularly evaluate this Regulation and submit the evaluation results to the European Parliament and the Council.

3.  Where appropriate, the reports referred to in paragraphs 1 and 2 shall be accompanied by relevant proposals.

Article 4

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.

It shall apply from [xx].

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 197, 8.6.2018, p. 38.
(2) OJ C 176, 23.5.2018, p. 57.
(3)OJ C 197, 8.6.2018, p. 38.
(4)OJ C 176, 23.5.2018, p. 57.
(5) Position of the European Parliament of 4 April 2019.
(6)Regulation (EC) No 1071/2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).
(7)Regulation (EC) No 1072/2009 on common rules for access to the international road haulage market (OJ L 300, 14.11.2009, p. 72).
(8)Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ L 102, 11.4.2006, p. 1).
(9)OJ L 123, 12.5.2016, p. 1.


Common rules for the internal market for natural gas ***I
PDF 120kWORD 43k
Resolution
Text
European Parliament legislative resolution of 4 April 2019 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/73/EC concerning common rules for the internal market in natural gas (COM(2017)0660 – C8-0394/2017 – 2017/0294(COD))
P8_TA(2019)0342A8-0143/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0660),

–  having regard to Article 294(2) and Article 194(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0394/2017),

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

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the French Senate, 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 19 April 2018(1),

–  having regard to the opinion of the Committee of the Regions of 16 May 2018(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 20 February 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 Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Industry, Research and Energy (A8-0143/2018),

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 4 April 2019 with a view to the adoption of Directive (EU) 2019/… of the European Parliament and of the Council amending Directive 2009/73/EC concerning common rules for the internal market in natural gas

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2019/692.)

(1) OJ C 262, 25.7.2018, p. 64.
(2) OJ C 361, 5.10.2018, p. 72.


European Maritime and Fisheries Fund ***I
PDF 476kWORD 164k
Resolution
Consolidated text
European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council on the European Maritime and Fisheries Fund and repealing Regulation (EU) No 508/2014 of the European Parliament and of the Council (COM(2018)0390 – C8-0270/2018 – 2018/0210(COD))
P8_TA(2019)0343A8-0176/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0390),

–  having regard to Article 294(2) and Article 42, Article 43(2), Article 91(1), Article 100(2), Article 173(3), Article 175, Article 188, Article 192(1), Article 194(2), Article 195(2) and Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0270/2018),

–  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 16 May 2018(2),

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

–  having regard to the report of the Committee on Fisheries and the opinions of the Committee on Budgets, the Committee on the Environment, Public Health and Food Safety and the Committee on Regional Development (A8-0176/2019),

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 4 April 2019 with a view to the adoption of Regulation (EU) .../… of the European Parliament and of the Council on the European Maritime and, Fisheries and Aquaculture Fund and repealing Regulation (EU) No 508/2014 of the European Parliament and of the Council [Am. 1. This amendment applies throughout the text]

P8_TC1-COD(2018)0210


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 42, Article 43(2), Article 91(1), Article 100(2), Article 173(3), Article 175, Article 188, Article 192(1), Article 194(2), Article 195(2) and Article 349 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)  It is necessary to establish a European Maritime, and Fisheries and Aquaculture Fund (EMFF EMFAF) for the 2021-2027 period. [Am. 1. This amendment applies throughout the text.] That fund should aim to target funding from the Union budget support the implementation of the Common Fisheries Policy (CFP) and the Marine Strategy Framework Directive (MSFD), the Union's maritime policy and the Union's international commitments in the field of ocean governance. Such funding is a key enabler for sustainable fisheries and, including the conservation of marine biological resources and habitats, for sustainable aquaculture, for food security through the supply of seafood products, for the growth of a sustainable blue economy, for prosperity and economic and social cohesion in fishing and aquaculture communities and for healthy, safe, secure, clean and sustainably managed seas and oceans. Support under the EMFAF should contribute to meeting the needs of both producers and consumers. [Am. 276]

(1a)   The European Parliament underlines its position that, following the Paris Agreement, climate-related horizontal spending should be significantly increased in comparison with the current Multiannual Financial Framework (MFF) and reach 30 % as soon as possible and at the latest by 2027. [Am. 4]

(1b)  On 14 March 2018 and 30 May 2018, the European Parliament stressed in its resolutions on the 2021-2027 MFF the importance of horizontal principles that should underpin the MFF 2021-2027 and all related Union policies. The European Parliament reaffirmed, in this context, its position that the Union must deliver on its commitment to be a frontrunner in implementing the UN Sustainable Development Goals (SDGs) and deplored the lack of a clear and visible commitment to that end in the MFF proposals; therefore, the European Parliament requested the mainstreaming of the SDGs into all Union policies and initiatives of the next MFF. Moreover, it reiterated that a stronger and a more ambitious Union can only be achieved if it is provided with additional financial means. The European Parliament called, therefore, for continuous support for existing policies, in particular the long-standing Union policies enshrined in the Treaties, namely the common agricultural policy and the CFP, and cohesion policy, as they provide Union citizens with tangible benefits. [Am. 5]

(1c)   In its resolution of 14 March 2018, the European Parliament stressed the socioeconomic and ecological importance of the fisheries sector, the maritime environment and the 'blue economy' and their contribution to the sustainable food autonomy of the Union in terms of ensuring the sustainability of European aquaculture and fisheries and mitigating the environmental impact. In addition, the European Parliament called for specific amounts allocated to fisheries under the current MFF to be maintained and, to the extent that new goals for intervention in the blue economy are planned, for an increase in the financial appropriations for maritime affairs. [Am. 6]

(1d)   Furthermore, in its 14 March and 30 May 2018 resolutions on the 2021-2027 MFF, the European Parliament stressed that the fight against discrimination is vital to fulfil the Union's commitments towards an inclusive Europe, and therefore that specific financial commitments for gender mainstreaming and gender equality should be included in all Union policies and initiatives in the scope of the next MFF. [Am. 7]

(1e)   The EMFAF should prioritise support for small-scale fisheries to address specific issues in that segment and support local, sustainable management of the fisheries involved and the development of coastal communities. [Am. 8]

(2)  As a global ocean actor and with the largest maritime area in the world when including the Outermost Regions and Overseas Countries and Territories, the Union has become the world's fifth largest producer of seafood, the Union and it has a strong responsibility to protect, conserve and sustainably use the oceans and their resources. Preserving seas and oceans is indeed vital for a rapidly growing world population. It is also of socio-economic interest for the Union: a sustainable blue economy that develops within ecological limits boosts investments, jobs and growth, fosters research and innovation and contributes to energy security through ocean energy. Moreover, safe and secure seas and oceans are essential for an efficient border control and for the global fight against maritime crime, thereby addressing citizens' security concerns. [Am. 277]

(2a)  Sustainable fisheries and seawater and freshwater aquaculture contribute significantly to the Union's food security, to the maintenance and creation of rural jobs and to the preservation of the natural environment and, in particular, biodiversity. The support and the development of the fisheries and aquaculture sectors should be in the focus of the next Union fisheries policy. [Am. 10]

(3)  Regulation (EU) xx/xx of the European Parliament and of the Council [Regulation laying down Common Provisions] ('Common Provisions Regulation')(6) has been adopted in order to improve the coordination and harmonise the implementation of support under Funds in shared management (the 'Funds'), with the main aim of simplifying policy delivery in a coherent way. Those common provisions apply to the part of the EMFF EMFAF under shared management. The Funds pursue complementary objectives and share the same management mode. Therefore Regulation (EU) No [Regulation laying down Common Provisions] sets out a series of common general objectives and general principles such as partnership and multi-level governance. It also contains the common elements of strategic planning and programming, including provisions on the Partnership Agreement to be concluded with each Member State, and sets out a common approach to the performance orientation of the Funds. Accordingly, it includes enabling conditions, a performance review and arrangements for monitoring, reporting and evaluation. Common provisions are also set out with regard to eligibility rules, and special arrangements are defined for financial instruments, use of InvestEU, community-led local development and financial management. Some management and control arrangements are also common to all Funds. Complementarities between the Funds, including the EMFF EMFAF, and other Union programmes should be described in the Partnership Agreement, in accordance with Regulation (EU) No [Regulation laying down Common Provisions].

(4)  Horizontal financial rules adopted by the European Parliament and the Council on the basis of Article 322 of the Treaty on the Functioning of the European Union apply to this Regulation. These rules are laid down in Regulation (EU) xx/xx of the European Parliament and of the Council [Regulation on the financial rules applicable to the general budget of the Union] ('Financial Regulation')(7) 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 of the Treaty 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.

(5)  Under direct management, the EMFF EMFAF should develop synergies and complementarities with other relevant Union funds and programmes as well as synergies between Member States and regions. It should also allow financing in the form of financial instruments within blending operations implemented in accordance with Regulation (EU) xx/xx of the European Parliament and of the Council [Regulation on InvestEU](8). [Am. 11]

(6)  Support under the EMFF EMFAF should be used to address market failures or sub-optimal investment situations, in a proportionate manner, and should not duplicate or crowd out private financing or distort competition in the internal market. Support should have a clear European contributing to increased incomes from fishing, to the promotion of jobs with rights in the sector, to guaranteed fair prices for producers, to enhanced added value from fishing, and to support for the development of related activities, up- and downstream from fishing. [Am. 12]

(7)  The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the priorities set for 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 Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union]. [Am. 13]

(8)  The multiannual financial framework MFF set out in Regulation (EU) xx/xx(9) provides that the Union budget must continue to support fisheries and maritime policies. The EMFF EMFAF budget should amount, in current prices, to EUR 6 140 000 000. EMFF be increased at least by 10 % with respect to the 2014-2020 EMFF. Its resources should be split between shared, direct and indirect management. EUR 5 311 000 000 87 % should be allocated to support under shared management and EUR 829 000 000 13 % to support under direct and indirect management. In order to ensure stability in particular with regard to the achievement of the objectives of the CFP, the definition of national allocations under shared management for the 2021-2027 programming period should be based on the EMFF 2014-2020 shares. Specific amounts should be reserved for the outermost regions, control and enforcement and collection and processing of data for fisheries management and scientific purposes, protection and restoration of marine and coastal biodiversity and ecosystems and marine knowledge, while amounts for permanent cessation and extraordinary temporary cessation of fishing activities and for investments in vessels should be capped. [Am. 14]

(8a)  Regarding the importance of the aquaculture sector, the level of Union funds for the sector and, in particular, for freshwater aquaculture should be maintained at the level set for the current budgetary period. [Am. 15]

(9)  Europe's maritime sector employs over 5 million jobs generating almost EUR 500 billion a year, with a potential to create many more jobs. The output of the global ocean economy is estimated at EUR 1,3 trillion today and this could more than double by 2030. The need to meet the Paris CO2 emissions targets, means that at least 30 % of the Union budget should be used for climate-related action. It is also necessary to increase resource efficiency and reduce the environmental footprint of the a blue economy that develops within ecological limits and which has been and must continue to be a significant driving force for innovation in other sectors such as marine equipment, shipbuilding, ocean observation, dredging, coastal protection and marine construction. Investment in the maritime economy has been provided by Union structural funds, in particular the European Regional Development Fund (ERDF) and the EMFF. New investment tools such as InvestEU must could be utilised to meet the growth potential of the sector. [Am. 16]

(9a)   Investment in the blue economy should be backed by the best scientific advice available to avoid harmful effects on the environment that endanger long-term sustainability. If no suitable information or expertise for evaluating the impact of investments on the environment exists, it is advisable for both the public and private sectors to take a precautionary approach, as activities with potentially harmful effects may be carried out. [Am. 17]

(10)  The EMFF EMFAF should be based on four five priorities: fostering sustainable fisheries and, including the conservation of marine biological resources; fostering sustainable aquaculture; contributing to food security in the Union through competitive and sustainable fisheries and aquaculture and markets and processing sectors; enabling the growth of a sustainable blue economy, taking into account ecological carrying capacity, and fostering prosperous prosperity and economic and social cohesion in coastal and inland communities; strengthening international ocean governance and enabling safe, secure, clean and sustainably managed seas and oceans. Those priorities should be pursued through shared, direct and indirect management. [Am. 18]

(10a)  The priorities could be specified with specific Union objectives to give further clarity on what the fund can be used for and to increase the efficiency of the fund. [Am. 19]

(11)  The EMFF EMFAF beyond 2020 should be based on a simplified architecture without predefining measures and detailed eligibility rules at Union level in an overly prescriptive manner. Instead, broad areas of support should be described under each priority. Member States should thus draw up their programme indicating therein the most appropriate means for achieving the priorities. A variety of measures identified by the Member States in those programmes might be supported under the rules set out in this Regulation and in Regulation (EU) No [Regulation laying down Common Provisions], provided they are covered by the areas of support priorities identified in this Regulation. However, it is necessary to set out a list of ineligible operations so as to avoid detrimental impacts in terms of fisheries conservation, for example a general prohibition of on investments enhancing fishing capacity with certain duly justified derogations. Moreover, investments and compensations for the fleet should be strictly conditional on their consistency with the conservation objectives of the CFP. [Am. 20]

(12)  The United nations 2030 Agenda for Sustainable Development identified conservation and sustainable use of oceans as one of the 17 Sustainable Development Goals (SDG 14). The Union is fully committed to that goal and its implementation. In that context, it has committed to promote a sustainable blue economy that develops within ecological limits which is consistent with an ecosystem-based approach to maritime spatial planning, in particular, taking into consideration the sensitivity of species and habitats to human activities at sea, the conservation of biological resources and the achievement of good environmental status, to prohibit certain forms of fisheries subsidies which contribute to overcapacity and overfishing, to eliminate subsidies that contribute to illegal, unreported and unregulated (IUU) fishing and to refrain from introducing new such subsidies. This outcome should result from the World Trade Organisation fisheries subsidies negotiation. In addition, in the course of World Trade Organisation negotiations at the 2002 World Summit of Sustainable Development and at the 2012 United Nations Conference on Sustainable Development (Rio+20), the Union has committed to eliminate subsidies contributing to fisheries fleet overcapacity and overfishing. The sustainable Union fisheries and the seawater and freshwater aquaculture sectors contribute significantly to the achievement of the UN Sustainable Development Goals. [Am. 21]

(12a)   The EMFAF should also contribute to the other Sustainable Development Goals (SDGs) for the United Nations. In particular, this Regulation takes into account the following goals:

   SDG 1 – End Poverty: the EMFAF will contribute to improving living conditions for the most vulnerable coastal communities, in particular those that depend on a fishing resource threatened by overfishing, global changes or environmental problems.
   SDG 3 – Good Health and Well-Being: the EMFAF will contribute to combating the coastal water pollution responsible for endemic diseases, and to guaranteeing good quality food from fisheries and aquaculture.
   SDG 7 – Clean Energy: the EMFAF will promote the development of renewable marine energy by financing the blue economy jointly with the funds for Horizon Europe, and will ensure that this development is suitable for protecting the marine environment and preserving fishery resources.
   SDG 8 – Decent Work and Economic Growth: the EMFAF will contribute to the development of the blue economy jointly with the ESF, as a factor for economic growth. It will also ensure that this economic growth is a decent source of employment for coastal communities. Furthermore, the EMFAF will contribute to improving working conditions for fishers.
   SDG 12 – Responsible Consumption and Production: the EMFAF will contribute to moving towards the responsible use of natural resources and limiting natural resources and energy wastage.
   SDG 13 – Climate Action: the EMFAF will provide guidance on its budget for combating climate change. [Am. 22]

(13)  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 Regulation should contribute to mainstream climate actions and to the achievement of an overall target of 25% 30 % of the Union budget expenditures supporting climate objectives. Actions under this Regulation are expected to contribute to 30% of the overall financial envelope of enable the EMFF EMFAF to contribute to the achievement of climate objectives, but without prejudice to the funding of the CFP, for which funding must be reassessed positively. Relevant actions, including projects aimed at protecting and restoring seagrass beds and coastal wetlands which are major carbon sinks, will be identified during the preparation and implementation of the EMFF EMFAF, and reassessed in the context of the relevant evaluations and review processes. [Am. 23]

(14)  The EMFF EMFAF should contribute to the achievement of the environmental objectives of the Union having due regard to social cohesion, within the framework of the CFP and the Marine Strategy Framework Directive and should follow European environmental policy, including water quality standards guaranteeing the quality of the marine environment suitable for improving the outlook for fisheries. This contribution should be tracked through the application of Union environmental markers and reported regularly in the context of evaluations and annual performance reports. [Am. 24]

(15)  In accordance with Article 42 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council ('CFP Regulation')(10), Union financial assistance under the EMFF EMFAF should be conditional upon full compliance with the rules of the CFP and relevant Union environmental law. Union financial assistance should be granted only to those operators and Member States who fully comply with their relevant legal obligations. Applications from beneficiaries that do not comply with the applicable rules of the CFP should not be admissible. [Am. 25]

(16)  In order to address the specific conditions of the CFP referred to in Regulation (EU) No 1380/2013 and to contribute to the full compliance with the rules of the CFP, provisions additional to the rules on interruption, suspension and financial corrections as set out in Regulation (EU) No [Regulation laying down Common Provisions] should be laid down. Where a Member State or a beneficiary has failed to comply with its obligations under the CFP, or where the Commission has evidence that suggests proves such a lack of compliance, the Commission should, as a precautionary measure, be allowed to interrupt payment deadlines provisionally. In addition to the possibility of interruption of the payment deadline, and in order to avoid an evident risk of paying out ineligible expenditure, the Commission should be allowed to suspend payments and impose financial corrections in cases of serious non-compliance with rules of the CFP by a Member State. [Am. 26]

(17)  Much has been achieved Steps have been taken over the last few years by the CFP in towards bringing fish stocks back to healthy levels, in increasing the profitability of the Union's fishing industry and in conserving marine ecosystems. However, substantial challenges remain to fully achieve the socio-economic and environmental objectives of CFP, including the legal obligation to restore and maintain all populations of fish stocks above biomass levels capable of producing maximum sustainable yield. This requires continued support beyond 2020, notably in sea basins where progress has been slower, particularly in the most isolated ones such as outermost regions. [Am. 27]

(17a)  Article 13 TFEU provides that in formulating and implementing inter alia the Union's fisheries policy, the Union and the Member States are to pay full regard to the welfare requirements of animals, since they are sentient beings, while respecting the legislative or administrative provisions and customs of the Member States relating in particular to religious rites, cultural traditions and regional heritage. [Am. 2]

(18)  Fisheries are vital to the livelihood and cultural heritage of many coastal and island communities in the Union, in particular where small-scale coastal fishing plays an important role such as outermost regions. With the average age in many fishing communities being over 50, generational renewal and diversification of activities within the fisheries sector remain a challenge. It is therefore essential that the EMFAF should provide support for the attractiveness of the fisheries sector by ensuring vocational training and access for young people to careers in fishing. [Am. 28]

(18a)  The implementation of co-management mechanisms in the professional and recreational fishing activity and aquaculture, with the direct participation of stakeholders involved, such as administration, the fishing and aquaculture sector, the scientific community, and civil society, which bases its functionality on an equitable distribution of responsibilities in decision making, and on adaptive management based on knowledge, information and immediacy, favours the achievement of the objectives of the CFP. The EMFAF should support the implementation of those mechanisms at local level. [Am. 29]

(19)  The EMFF EMFAF should aim to achieve contribute to achieving the environmental, economic, social and employment objectives of the CFP, as defined in Article 2 of Regulation (EU) No 1380/2013. Such support should ensure that fishing activities are environmentally sustainable in the long-term and managed in a way that is consistent with the objectives of set out in Article 2(2) of Regulation (EU) No 1380/2013, which will contribute to achieving economic, social and employment benefits, and of contributing to the availability of healthy food supplies, and at the same time ensure fair labour conditions. In that regard, fisheries depending on small offshore islands should be especially recognised and supported in order to enable them to survive and prosper. [Am. 30]

(20)  Support from the EMFF EMFAF should aim to achieve contribute to the timely achievement of the legal obligation to restore and maintain sustainable fishing based on the populations of all fish stocks above biomass levels capable of producing maximum sustainable yield (MSY) and to minimise, and where possible eliminate, the negative impacts of unsustainable and harmful fishing activities on the marine ecosystem. That support should include innovation and investments in low-impact, climate resilient and low-carbon fishing practices and techniques, as well as techniques aimed at selective fishing. [Am. 31]

(21)  The landing obligation is a legal obligation and is one of the main challenges of the CFP. It has implied the end of the environmentally unacceptable practice of discarding as well as significant and important changes in fishing practices for the sector, sometimes with an important financial cost. It The Member States should therefore be possible for use the EMFF EMFAF to support innovation and investments that contribute to the full and timely implementation of the landing obligation, with a higher aid intensity rate than the one that applies to other operations, like investments in selective fishing gears as well as the application of temporal and spatial selectivity measures, in the improvement of port infrastructures and in the marketing of unwanted catches. It should also grant a maximum aid intensity rate of 100 % to the design, development, monitoring, evaluation and management of transparent systems for exchanging fishing opportunities between Member States ('quota swaps'), in order to mitigate the 'choke species' effect caused by the landing obligation. [Am. 279]

(21a)   The landing obligation should be monitored equally across the entire spectrum, from small-scale to large-scale fishing vessels, in every Member State. [Am. 33]

(22)  It should be possible for the EMFF EMFAF to support innovation and investments on board fishing vessels in order to improve health, safety and working conditions, environmental protection, energy efficiency, animal welfare and the quality of catches as well as support to specific health care issues. Such support should, however, not lead to a risk of an increase of fishing capacity or ability to find fish and should not be granted simply for complying with requirements that are obligatory under Union or national law. Under the architecture with no prescriptive measures, it should be up to Member States to define the precise eligibility rules for those investments and support. With regard to health, safety and working conditions on board fishing vessels, a higher aid intensity rate than the one that applies to other operations should be allowed. [Am. 34]

(23)  Fisheries control is of utmost importance for the implementation of the CFP. Therefore, the EMFF EMFAF should support under shared management the development and implementation of a Union fisheries control system as specified in Council Regulation (EC) No 1224/2009 ('Control Regulation')(11). Certain obligations foreseen by the revision of the Control Regulation justify a specific support from the EMFF EMFAF, i.e. the compulsory vessel tracking and electronic reporting systems in the case of small-scale coastal fishing vessels, the compulsory remote electronic monitoring systems and the compulsory continuous measurement and recording of propulsive engine power. In addition, investments by Member States in control assets could also be used for the purpose of maritime surveillance and cooperation on coastguard functions.

(24)  The success of the CFP is dependent on the availability of scientific advice for the management of fisheries, and hence on the availability of data on fisheries. In the light of the challenges and costs to obtain reliable and complete data, it is necessary to support Member States' actions to collect and, process and exchange data in line with Regulation (EU) 2017/1004 of the European Parliament and of the Council ('Data Collection Framework Regulation')(12) and to contribute to the best available scientific advice. This support should allow synergies with the collection and, processing and exchange of other types of marine data, including data about recreational fisheries. [Am. 35]

(25)  The EMFF EMFAF should support an effective knowledge-based implementation and governance of the CFP under direct and indirect management through the provision of scientific advice, the development and implementation of a Union fisheries control system, the functioning of Advisory Councils and voluntary contributions to international organisations, as well as a better commitment of the Union in international ocean governance. [Am. 36]

(26)  Given the challenges to achieve the conservation objectives of the CFP, it should be possible for the EMFF EMFAF to support actions for the management of fisheries and fishing fleets. In this context, support for fleet adaptation remains sometimes necessary with regard to certain fleet segments and sea basins. Such support should be tightly targeted to the conservation and sustainable exploitation of marine biological resources and aimed to achieve balance between the fishing capacity and the available fishing opportunities. Therefore, it should be possible for the EMFF EMFAF to support the permanent cessation of fishing activities in fleet segments where the fishing capacity is not balanced with the available fishing opportunities. Such support should be a tool of the action plans for the adjustment of fleet segments with identified structural overcapacity, as provided for in Article 22(4) of Regulation (EU) No 1380/2013, and should be implemented either through the scrapping of the fishing vessel or through its decommissioning and retrofitting for other activities. Where the retrofitting would lead to an increased pressure of recreational fishing on the marine ecosystem, support should only be granted if in line with the CFP and the objectives of the relevant multiannual plans. In order to ensure the consistency of fleet structural adaptation with conservation objectives, support for the permanent cessation of fishing activities should be strictly conditional and linked to the achievement of results. It should therefore be implemented only by financing not linked to costs, as provided for in Regulation (EU) No [Regulation laying down Common Provisions]. Under that mechanism, Member States should not be reimbursed by the Commission for permanent cessation of fishing activities on the basis of real costs incurred but on the basis of the fulfilment of conditions and of the achievement of results. For this purpose, the Commission should establish in a delegated act such conditions, which should relate to the achievement of the conservation objectives of the CFP. [Am. 37]

(26a)   To establish sustainable, environmentally virtuous fisheries with reduced pressure on fishing resources, the EMFAF should support the modernisation of vessels to strive towards units that use less energy, including for imbalanced segments, either through subsidies or by means of financial instruments. The EMFAF should also allow aid to young fishermen to acquire their work tool, including vessels of over 12 m, except in imbalanced segments. [Am. 38]

(26b)   As fishing ports, landing sites, shelters and auction halls play an essential role in ensuring the quality of the products landed, as well as safety and working conditions, the EMFAF should as a priority support the modernisation of port infrastructures, and in particular in the marketing of fishery products, to optimise the added value of landed products. [Am. 39]

(27)  Given the high level of unpredictability of fishing activities, exceptional circumstances temporary cessation may cause significant economic losses to fishers. In order to mitigate those consequences, it should be possible for the EMFF EMFAF to support a compensation for the extraordinary temporary cessation of fishing activities caused by the implementation of certain conservation measures, i.e. multiannual plans, targets for the conservation and sustainable exploitation of stocks, measures to adapt the fishing capacity of fishing vessels to available fishing opportunities and technical measures, by the implementation of emergency measures, by the interruption, due to reasons of force majeure, of the application or of non-renewal of a sustainable fisheries partnership agreement, by a natural disaster or by an environmental incident, including episodes of health closures or abnormal mortality of fishery resources, accidents at sea during fishing activities and adverse climate events. Support should be granted only if the impact on fishers of such circumstances is significant, i.e. if the commercial activities of the vessel concerned are stopped during at least 90 120 consecutive days and if the economic losses resulting from the cessation amount to more than 30% of the average annual turnover of the business concerned during a specified period of time the last two years. The specificities of eel fisheries should be taken into account in the conditions for granting such support. [Am. 40]

(27a)  It should be possible for fishermen and seawater and freshwater aquaculture producers to receive support from the EMFAF in the event of crisis in the fisheries and aquaculture markets, natural disasters or environmental incidents. [Am. 41]

(27b)  In order to contribute to the positive development of water sources and to the maintenance of fishing outside the close season, the EMFAF should be able to support biological seasons, whenever these seasons, when held in certain critical phases of the species' life cycle, are necessary for the sustainable exploitation of fisheries resources. [Am. 306]

(27c)  The European Parliament stresses the urgent need to support the establishment of a wage compensation fund to cover non-fishing periods and that such periods be treated as actual working time for the purposes of the retirement pension and other social security entitlements. Further, the European Parliament advocates the establishment of a minimum wage, set in accordance with local practices, negotiation and collective bargaining agreements. [Am. 307]

(28)  Small-scale coastal fishing is carried out by fishing vessels below 12 metres and not using towed fishing gears. That sector represents nearly 75 % of all fishing vessels registered in the Union and nearly half of all employment in the fishery sector. Operators from small-scale coastal fisheries are particularly dependant on healthy fish stocks for their main source of income. The EMFF EMFAF should therefore give them a preferential treatment through a 100 % aid intensity rate, including for operations related to control and enforcement, with the aim of encouraging sustainable fishing practices in line with the CFP objectives. In addition, certain areas of support should be reserved for small-scale fishing in fleet segment where it being necessary to ensure that the fishing capacity is balanced with the available fishing opportunities, i.e. support for the acquisition, renovation and reclassification of a second-hand vessel and for engine replacement or modernisation as well as for young fishermen. Furthermore, Member States should include in their programme an action plan for small-scale coastal fishing, which should be monitored on the basis of indicators for which milestones and targets should be set. [Ams. 42 and 308]

(29)  The outermost regions, as outlined in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank of 24 October 2017 entitled 'A stronger and renewed strategic partnership with the EU's outermost regions'(13), face specific challenges linked to their remoteness, topography and climate as referred to in Article 349 of the Treaty and also have specific assets on which to develop a sustainable blue economy. Therefore, for each outermost region, an action plan for the development of sustainable blue economy sectors, including the sustainable exploitation of fisheries and aquaculture, should be attached to the programme of the concerned Member States and a financial allocation should be reserved to support the implementation of those action plans. It should also be possible for the EMFF to support a compensation of the additional costs In order to maintain the competitiveness of certain fishery and aquaculture products from the outermost regions face due to their location and insularity. compared to that of similar products from other regions of the Union, the Union introduced measures in 1992 to compensate for the related additional costs in the fisheries sector. The measures that apply for the period 2014-2020 are laid down in Regulation (EU) No 508/2014 of the European Parliament and of the Council(14). It is necessary to continue to provide support in order to offset the additional costs for the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions, so that the compensation contributes to the retaining of the economic viability of operators from those regions. In view of the different marketing conditions in the outermost regions, the fluctuations in catches and stocks and of market demands, it should be capped as a percentage of this left to the Member States concerned to determine the fishery products eligible for compensation, their respective maximum quantities and the compensation amounts, within the overall financial allocation per Member State. Member States should be authorised to differentiate the list and the quantities of fishery products concerned and the amount of compensation within the overall allocation per Member State. They should also be authorised to adjust their compensation plans if justified by changing conditions. Member States should set the compensation amount at a level which allows appropriate off-setting of additional costs, arising from the specific handicaps of the outermost regions. To avoid overcompensation, that amount should be proportionate to the additional costs that the aid off-sets. For that purpose, it should also take into account other types of public intervention having an impact on the level of additional costs. In addition, a higher aid intensity rate than the one that applies to other operations should be applied in the outermost regions. [Am. 43]

(29a)  In order to ensure the survival of the small-scale coastal fisheries sector in the outermost regions and in compliance with the principles of differential treatment for small islands and territories referred to in Sustainable Development Goal (SDG) 14, it should be possible for the EMFAF to support, on the basis of Article 349 TFEU, the acquisition and the renewal of the outermost regions' small-scale coastal fishing vessels which land all their catches in ports in the outermost regions and contribute to local sustainable development, so as to increase human safety, to comply with Union hygiene standards, to fight IUU fishing and to achieve greater environmental efficiency. That fishing fleet renewal should remain within the limits of authorised capacity ceilings and should comply with the CFP objectives. It should be possible for the EMFAF to support associated measures, such as the construction or the modernisation of shipyards dedicated to small-scale coastal fishing vessels in the outermost regions, the acquisition or the renovation of infrastructures and equipment or studies. [Am. 44]

(29b)   Having regard to the European Parliament resolution on the special situation of islands (2015/3014(RSP) and the European Economic and Social Committee's opinion on 'Specific problems facing islands' (1229/2011), agriculture, breeding and fisheries constitute an important element of local island economies. European insular regions suffer due to lack of accessibility, particularly for SMEs, a low level of product differentiation and need a strategy in order to use all possible synergies between the European Structural and Investment Funds and other Union instruments with a view to counterbalancing the handicaps of islands and enhancing their economic growth, job creation and sustainable development. While Article 174 TFEU recognises the permanent natural and geographical handicaps specific to the situation of islands, the Commission must establish a 'Union Strategic Framework for Islands' with a view to linking up instruments that can have a major territorial impact. [Am. 45]

(30)  Under shared management, it should be possible for the EMFF EMFAF to support the protection and restoration of marine and coastal biodiversity and ecosystems. For that purpose, support should be available to compensate the collection by fishers of lost fishing gears and marine litter, in particular plastic, from the sea and for investments in ports to provide adequate reception and storage facilities for lost fishing gears and marine litter collected. Support should also be available for actions to achieve or maintain a good environmental status in the marine environment as set out in Directive 2008/56/EC of the European Parliament and of the Council ('Maritime Strategy Framework Directive')(15), for the implementation of spatial protection measures established pursuant to that Directive and, in accordance with the prioritised action frameworks established pursuant to Council Directive 92/43/EEC ('Habitats Directive')(16), for the management, restoration and monitoring of NATURA 2000 areas as well as for the protection of species under Directive 92/43/EEC and Directive 2009/147/EC of the European Parliament and of the Council ('Birds Directive')(17) and Directive 2000/60/EC of the European Parliament and of the Council(18), as well as the Union standards for urban waste water and also for the construction, installation, modernization and scientific preparation and evaluation of static or movable facilities intended to protect and enhance marine fauna and flora in the outermost regions. Under direct management, the EMFF EMFAF should support the promotion of clean and healthy seas and the implementation of the European Strategy for Plastics in a Circular Economy developed in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 16 January 2016(19), in coherence with the objective of achieving or maintaining a good environmental status in the marine environment. [Am. 46]

(31)  The United Nations 2030 Agenda for Sustainable Development identified achieve end hunger, achieve food security and improved nutrition as one of the 17 Sustainable Development Goals (SDG 2). The Union is fully committed to that goal and its implementation. In that context, fisheries and sustainable aquaculture contribute to food security and nutrition. However, the Union currently imports more than 60 % of its supply of fishery products and is therefore highly dependent on third countries. An important challenge is to encourage the consumption of fish protein fishery products produced in the Union with high quality standards and available for consumers at affordable prices supplying public institutions, such as hospitals or schools, with local small-scale fishing products and initiating training and awareness programmes in educational institutions on the importance of eating local fish. [Am. 47]

(32)  It should be possible for the EMFF EMFAF to support the promotion and the sustainable development of aquaculture, including freshwater aquaculture, for the farming of aquatic animals and plants for the production of food and other raw material. Complex administrative procedures in some Member States remain in place, such as difficult access to space and burdensome licensing procedures, which make it difficult for the sector to improve the image and competitiveness of farmed products. Support should be consistent with the multiannual national strategic plans for aquaculture developed on the basis of Regulation (EU) No 1380/2013. In particular, support for environmental sustainability, productive investments, innovation, acquisition of professional skills, improvement of working conditions, compensatory measures providing critical land and nature management services should be eligible. Public health actions, aquaculture stock insurance schemes and animal health and welfare actions should also be eligible. However, in the case of productive investments Support should be provided only preferably through financial instruments and, through InvestEU, which offer a higher leverage on markets and are therefore more relevant than and through grants to address the financing challenges of the sector. [Am. 48]

(33)  Food security relies on the protection of the marine environment, the sustainable management of fish stocks, efficient and well-organised markets, which improve the transparency, stability, quality and diversity of the supply chain, as well as consumer information. For that purpose, it should be possible for the EMFF EMFAF to support the marketing of fishery and aquaculture products, in line with the objectives of Regulation (EU) No 1379/2013 of the European Parliament and of the Council ('CMO Regulation')(20). In particular, support should be available inter alia for the creation of producer organisations including fishing cooperatives, small-scale producers, the implementation of production and marketing plans, promotion and communication campaigns, the promotion of new market outlets, conducting of studies on markets, preservation and strengthening of the European Market Observatory for Fisheries and Aquaculture products (EUMOFA) and the development and dissemination of market intelligence. [Ams. 49 and 280]

(33a)   The quality and diversity of the Union's seafood products provide a competitive advantage for producers, which makes an important contribution to cultural and gastronomic heritage, reconciling the preservation of cultural traditions with the development and application of new scientific expertise. Citizens and consumers increasingly demand quality products with different specific characteristics linked to their geographic origin. For this purpose, the EMFAF will be able to support seafood products included in Regulation No 1151/2012 of the European Parliament and of the Council(21). In particular, it will be able to support the recognition and registration of quality Geographical Indications under this Regulation. It will also be able to support the management entities for the Protected Designations of Origin (PDOs) and the Protected Geographical Indications (PGIs), as well as the programmes they develop for improving quality. Furthermore, it will be able to support the research carried out by these management entities for better awareness of the specific production facility, processes and products. [Am. 50]

(33b)  Considering the European Parliament Resolution of 4 December 2008 on a 'European Cormorant Management Plan' and the Resolution of 17 June 2010 on a new impetus for the Strategy for the Sustainable Development of European Aquaculture, the EMFAF should support scientific research and data collection on the impact of migratory birds on the aquaculture sector and on the relevant Union fish stocks. [Am. 51]

(33c)  Considering the need for a growing aquaculture sector and the important losses of fish stocks they are encountering due to migratory birds, the EMFAF should include certain compensations for these losses until a European Management plan is put in place. [Am. 52]

(34)  The processing industry plays a role in the availability and quality of fishery and aquaculture products. It should be possible for the EMFF EMFAF to support targeted investments in that industry, provided they contribute to the achievement of the objectives of the CMO. Such support should may be provided only through grants, through financial instruments and through InvestEU and not through grants. [Am. 53]

(34a)  Apart from the eligible measures already mentioned, it should be possible for the EMFAF to support other areas related to fisheries and aquaculture including the support for protective hunting or nuisance wildlife management of species that endanger sustainable levels of fish stocks, notably seals and cormorants. [Am. 54]

(34b)  Apart from the eligible measures already mentioned, it should be possible for the EMFAF to support other areas related to fisheries and aquaculture including the compensation for damage to catches caused by mammals and birds protected by Union legislation, notably seals and cormorants. [Am. 55]

(35)  Job creation in coastal regions relies on a locally driven development of a sustainable blue economy that develops within ecological limits and revives the social fabric of those regions, including the islands and outermost regions. Ocean industries and services are likely to outperform the growth of the global economy and make an important contribution to employment and growth by 2030. To be sustainable, blue growth depends on innovation and investment in new maritime businesses and in the bio-economy and in biotechnology, including sustainable tourism models, ocean-based renewable energy, innovative high-end shipbuilding and new port service and the sustainable development of the fisheries and the aquaculture sector, which can create jobs and at the same time enhance local development, as well as development of new biology-based marine products. Whilst public investment in the sustainable blue economy should be mainstreamed throughout the Union budget, the EMFF EMFAF should specifically concentrate on enabling conditions for the development of the a sustainable blue economy that develops within ecological limits and on removing bottlenecks to facilitate investment and the development of new markets and technologies or services. Support for the development of the sustainable blue economy should be delivered through shared, direct and indirect management. [Am. 56]

(35a)  In accordance with Recital 3 of the CFP Regulation, recreational fisheries can have a significant impact on fish resources and Member States should therefore ensure that they are conducted in a manner that is compatible with the objectives of the CFP. However, recreational fisheries cannot be managed properly without reliable and recurring collection of recreational fisheries data as stressed by the European Parliament Resolution on the state of play on recreational fisheries in the European Union (2017/2120(INI)). [Am. 57]

(35b)   The goal of a sustainable blue economy is to guarantee sustainable consumption and production, as well as efficient use of resources combined with the protection and preservation of the diversity, productivity, resilience, principal functions and intrinsic values of marine ecosystems. It is based on evaluating the long-term needs of current and future generations. This also means setting the right prices for goods and services. [Am. 58]

(35c)  There is a need for support measures in order to facilitate social dialogue and to use the EMFAF to help train skilled professionals for the maritime and fisheries sector. The importance of modernising the maritime and fisheries sector and the role that innovation plays in this regard calls for reassessing the financial allocations for professional and vocational training in the EMFAF. [Am. 59]

(35d)   Investment in human capital is also vital to increase the competitiveness and economic performance of fishing and maritime activities. Therefore, the EMFAF should support advisory services, cooperation between scientists and fishers, professional training, lifelong learning, and should stimulate the dissemination of knowledge, help to improve the overall performance and competitiveness of operators and promote social dialogue. In recognition of their role in fishing communities, spouses and life partners of self-employed fishers should, under certain conditions, also be granted support for professional training, lifelong learning and the dissemination of knowledge, and for networking that contributes to their professional development. [Am. 60]

(36)  The development of a sustainable blue economy strongly relies on partnerships between local stakeholders that contribute to the vitality and sustainability of the populations of coastal, island and inland communities and economies. The EMFF EMFAF should provide tools to foster such partnerships. For that purpose, support for community-led local development (CLLD) should be available under shared management. That approach should boost economic diversification in a local context through the development of coastal and inland fisheries, aquaculture and a sustainable blue economy. CLLD strategies should ensure that local communities better exploit and benefit from the opportunities offered by the sustainable blue economy, capitalising on and strengthening environmental, cultural, social and human resources. Every local partnership should therefore reflect the main focus of its strategy by ensuring a balanced involvement and representation of all relevant stakeholders from the local sustainable blue economy. [Am. 61]

(37)  Under shared management, it should be possible for the EMFF EMFAF to support the a sustainable blue economy that develops within ecological limits through the collection, management and use of data to improve the knowledge on the state of the marine and freshwater environment and of the resources. That support should aim to fulfil requirements under Directive 92/43/EEC and Directive 2009/147/EC, to support maritime spatial planning, the sustainability of the fisheries and the aquaculture sector and to increase data quality and sharing through the European marine observation and data network. [Am. 62]

(38)  Under direct and indirect management, the EMFF EMFAF should focus on the enabling creating conditions for a sustainable blue economy that develops within ecological limits and that fosters a healthy marine environment through the promotion of an integrated governance and management of the maritime policy, the enhancement of the transfer and uptake of research, innovation and technology in the sustainable blue economy, the improvement of maritime skills, sea and ocean literacy and sharing of environmental and socio-economic data on the sustainable blue economy, the promotion of a low-carbon and climate resilient sustainable blue economy and the development of project pipelines and innovative financing instruments. Due consideration to the outermost regions' specific situation of the outermost regions and islands falling within the scope of Article 174 TFEU should be given in relation to the above mentioned fields. [Am. 63]

(39)  60 % of the oceans are beyond the borders of national jurisdiction. This implies a shared international responsibility. Most problems facing the oceans are transboundary in nature such as overexploitation, climate change, acidification, pollution and declining, oil prospecting or underwater mining, which lead to reduction of biodiversity, and therefore require a shared response. Under the United Nations Convention on the Law of the Sea, to which the Union is a Party under Council Decision 98/392/EC(22), many jurisdictional rights, institutions and specific frameworks have been set up to regulate and manage human activity in the oceans. In recent years, a global consensus has emerged that the marine environment and maritime human activities should be managed more effectively to address the increasing pressures on the oceans and seas. [Am. 64]

(40)  As a global actor, the Union is strongly committed to promoting international ocean governance, in accordance with the Joint Communication to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 10 November 2016 entitled 'International Ocean Governance: and agenda for the future of our oceans'(23). The Union's ocean governance policy is a new policy that covers the oceans in an integrated manner. International ocean governance is not only core to achieve the 2030 Agenda for Sustainable Development, and in particular Sustainable Development Goal 14 ('Conserve and sustainably use the oceans, seas and marine resources for sustainable development'), but also to guarantee safe, secure, clean and sustainably managed seas and oceans for future generations. The Union needs to deliver on those international commitments and be a driving and leading force for better international ocean governance at bilateral, regional and multilateral levels, including to prevent, deter and eliminate illegal, unreported and unregulated IUU fishing and minimise the impact on the marine environment, to improve the international ocean governance framework, to reduce pressures on oceans and seas, to create the conditions for a sustainable blue economy that develops within ecological limits and to strengthen international ocean research and data. [Am. 65]

(41)  Actions promoting international ocean governance under the EMFF EMFAF are to improve the overarching framework of international and regional processes, agreements, rules and institutions to regulate and manage human activity in the oceans. The EMFF EMFAF should fund international arrangements that the Union has concluded in areas not covered by the Sustainable Fisheries Partnership Agreements (SFPAs) established with various third countries as well as the Union's legal membership contribution to regional fisheries management organisations (RFMOs). SFPAs and RFMOs will continue to be funded under different strands of the Union budget.

(42)  With regard to security and defence, improved border protection and maritime security are essential. Under the European Union Maritime Security Strategy adopted by the Council of the European Union on 24 June 2014 and its Action Plan adopted on 16 December 2014, information sharing and the European Border and Coast Guard cooperation between the European Fisheries Control Agency, the European Maritime Safety Agency and the European Border and Coast Guard Agency are key to deliver on those objectives. The EMFF EMFAF should therefore support maritime surveillance and coastguard cooperation under both shared and direct management, including by purchasing items for multipurpose maritime operations. It should also allow the relevant agencies to implement support in the field of maritime surveillance and security through indirect management.

(43)  Under shared management, each Member States should prepare one single programme in collaboration with all the regions that should be approved by the Commission. In the context of regionalisation and with a view to encouraging Member States to have a more strategic approach during the preparation of programmes, the Commission should develop an analysis for each sea basin indicating the common strengths and weaknesses with regard to the achievement of the objectives of the CFP. That analysis should guide both the Member States and the Commission in negotiating each programme taking into account regional challenges and needs. When assessing the programmes, the Commission should take into account the environmental and socio-economic challenges of the CFP, the socio-economic performance of the a sustainable blue economy that develops within ecological limits, particularly as regards small-scale coastal fisheries, the challenges at sea basin level, the conservation and restoration of marine ecosystems, the reduction and collection of marine litter and climate change fight, mitigation and adaptation. [Am. 66]

(43a)   In order to ensure the effective implementation of the management measures at regional level, Member States should put in place a co-management scheme involving Advisory Councils, fishermen's organisations and competent institutions/authorities to strengthen dialogue and the engagement of the parties. [Am. 67]

(44)  Performance of EMFF EMFAF support in Member States should be assessed on the basis of indicators. Member States should report on progress towards established milestones and targets and the Commission should carry out a performance review based on annual performance reports prepared by Member States, allowing for early detection of potential implementation issues and corrective actions. A monitoring and evaluation framework should be established for that purpose.

(44a)  The payment procedure under the current EMFAF has been reported to be poor, as after four years of application only 11 % have been used. That procedure should be improved in order to accelerate payments to beneficiaries, especially as regards individuals or families. [Am. 68]

(45)  Pursuant to paragraphs 22 and 23 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making(24), there is a need to evaluate the EMFF EMFAF 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 EMFF EMFAF on the ground.

(46)  The Commission should implement information and communication actions relating to the EMFF EMFAF, and its actions and results. Financial resources allocated to the EMFF EMFAF should also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the priorities of the EMFF EMFAF.

(46a)   The Commission should also provide adequate tools to inform society about fishing and aquaculture activities and the benefits of diversification of fish and seafood consumption. [Am. 69]

(47)  In accordance with Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union], Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(25), Council Regulation (Euratom, EC) No 2988/95(26), Council Regulation (Euratom, EC) No 2185/96(27) and Council Regulation (EU) 2017/1939(28), the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities, including 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) might should 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 Council Regulation (EU) 2017/1939, the European Public Prosecutor's Office (EPPO) might should 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(29). In accordance with Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union], 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. Member States should ensure that in the management and implementation of the EMFF EMFAF, the financial interests of the Union are protected, in accordance with Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union] and Regulation (EU) No [Regulation laying down Common Provisions]. [Am. 70]

(48)  In order to enhance transparency regarding the use of Union funds and their sound financial management, in particular reinforcing public control of the money used, certain information on the operations funded under the EMFF EMFAF should be published on a website of Member State in accordance with Regulation (EU) No [Regulation laying down Common Provisions]. When a Member State publishes information on operations funded under EMFF EMFAF, the rules on the protection of personal data set out in Regulation (EU) 2016/679 of the European Parliament and of the Council(30) are to be complied with. [Am. 71]

(49)  In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the identification of the threshold triggering and the length of period of time of inadmissibility with regard to the admissibility criteria of applications, the definition of conditions related to the implementation of conservation measures for financing not linked to costs with regard to the permanent cessation of fishing activities, the definition of criteria for the calculation of the additional costs resulting from the specific handicaps of the outermost regions, the definition of the cases of non-compliance by Member States which can trigger interruption of the payment deadline, the definition of the cases of serious non-compliance by Member States which can trigger suspension of payments, the definition of the criteria for establishing the level of financial corrections to be applied and the criteria for applying flat rates or extrapolated financial corrections, the amendment of Annex I and the establishment of a monitoring and evaluation framework. In order to facilitate a smooth transition from the scheme established by Regulation (EU) No 508/2014 to the scheme established by this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should also be delegated to the Commission in respect of establishing transitional conditions.

(50)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred to the Commission in respect of the approval and amendment of the operational programmes, the approval and amendment of the national work plans for data collection, the suspension of payments and financial corrections.

(51)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred to the Commission in respect of the procedures, format and timetables for the submission of the national work plans for data collection and the presentation of the annual performance reports.

HAVE ADOPTED THIS REGULATION:

TITLE I

GENERAL FRAMEWORK

CHAPTER I

General provisions

Article 1

Subject-matter

This Regulation establishes the European Maritime, and Fisheries and Aquaculture Fund (EMFF EMFAF). It lays down the priorities of the EMFF EMFAF, the budget for the period 2021-2027, the forms of Union funding and the specific rules for providing such funding, complementing the general rules applying to the EMFF EMFAF under Regulation (EU) No [Regulation laying down Common Provisions].

Article 2

Geographical scope

This Regulation shall apply to operations carried out in the territory of the Union, unless otherwise provided for in this Regulation.

Article 3

Definitions

1.  For the purpose of this Regulation and without prejudice to paragraph 2, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013, Article 5 of Regulation (EU) No 1379/2013, Article 4 of Regulation (EC) No 1224/2009 and Article 2 of Regulation (EU) No [Regulation laying down Common Provisions] shall apply.

2.  For the purpose of this Regulation, the following definitions apply:

(1)  'blending operation' means actions supported by the Union budget, including within blending facilities pursuant to Article 2(6) of Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union], combining non-repayable forms of support and/or financial instruments from the Union budget with repayable forms of support from development or other public finance institutions, as well as from commercial finance institutions and investors;

(2)  'common information sharing environment' (CISE) means an environment of systems developed to support the exchange of information between authorities involved in maritime surveillance, across sectors and borders, in order to improve their awareness of activities carried out at sea; [Am. 72]

(3)  'coastguard' means national authorities performing coastguard functions, which encompass maritime safety, maritime security, maritime customs, prevention and suppression of trafficking and smuggling, connected maritime law enforcement, maritime border control, maritime surveillance, protection of the marine environment, search and rescue, accident and disaster response, fisheries control, inspection and other activities related to those functions; [Am. 73]

(4)  'European marine observation and data network' (EMODnet) means a partnership assembling marine data and metadata in order to make these fragmented resources more available and usable by public and private users by offering quality-assured, interoperable and harmonised marine data;

(5)  'exploratory fishing' means fishing for stocks that have not been subject to fishing or have not been subject to fishing by a particular gear type or technique in the previous ten years;

(6)  'fisher' means any natural person engaging in commercial fishing activities, as recognised by the relevant Member State;

(6a)   'recreational fisheries' means non-commercial fishing activities exploiting marine biological resources for recreation, tourism or sport; [Am. 74]

(6b)   'recreational fisheries sector' means all segments of recreational fisheries and the businesses and jobs dependant on or generated by those fisheries; [Am. 75]

(7)  'inland fishing' means fishing activities carried out for commercial purposes in inland waters by vessels or other devices, including those used for ice fishing;

(7a)   'on-foot fisher' means any natural person engaging in commercial on-foot fishing activities, as recognised by the relevant Member State; [Am. 76]

(8)  'international ocean governance' means a Union initiative to improve the overarching framework encompassing international and regional processes, agreements, arrangements, rules and institutions through a coherent cross-sectoral and rules-based approach to ensure that oceans are healthy, safe, secure, clean and sustainably managed;

(9)  'maritime policy' means the Union policy that aims to foster integrated and coherent decision-making to maximise the sustainable development, economic growth and social cohesion of the Union, notably of the coastal and insular areas and of the outermost regions, and of the sustainable blue economy sectors, through coherent maritime-related policies and relevant international cooperation;

(10)  'maritime security and surveillance' means the activities to understand, prevent  wherever applicable and manage in a comprehensive way all the events and actions related to the maritime domain which would impact the areas of maritime safety and security, law enforcement, defence, border control, protection of the marine environment, fisheries control, trade and economic interest of the Union;

(11)  'maritime spatial planning' means a process by which the relevant Member State's authorities analyse and organise human activities in marine areas to achieve ecological, economic and social objectives;

(12)  'productive aquaculture investments' means investments in the construction, extension, modernisation or in the equipment of facilities for aquaculture production; [Am. 77]

(13)  'sea basin strategy' means an integrated framework to address common marine and maritime challenges faced by Member States, and where appropriate third countries, in a specific sea basin or in one or more sub-sea basins, and promote cooperation and coordination in order to achieve economic, social and territorial cohesion; it is developed by the Commission in cooperation with the Member States and third countries concerned, their regions and other stakeholders as appropriate; [Am. 78]

(14)  'small-scale coastal fishing' means fishing carried out by fishing vessels of an overall length of less than 12 metres and not using towed gear as listed in Article 2(1) of Council Regulation (EC) No 1967/2006(31), fishing on foot and shellfish gathering; [Am. 79]

(14a)   'small-scale fleet from outermost regions' means a small-scale fleet that operates at the outermost regions as defined in each national operational programme; [Am. 80]

(15)  'sustainable blue economy' means all sectoral and cross-sectoral economic activities throughout the single market related to oceans, seas, coasts and inland waters, covering the Union's insular and outermost regions and landlocked countries, including emerging sectors and non-market goods and services and being, aimed at ensuring environmental, social and economic well-being for present and future generations while maintaining and restoring healthy marine ecosystems and protecting vulnerable natural resources, consistent with Union environmental legislation.; [Am. 81]

(15a)   'co-management' means a partnership arrangement in which government, the community of local resource users (fishers), external agents (non-governmental organisations, research institutions), and sometimes other fisheries and coastal resource stakeholders (boat owners, fish traders, credit agencies or money lenders, tourism industry, etc.) share the responsibility and authority for decision-making over the management of a fishery; [Am. 82]

(15b)   'environmental incident' means an accidental phenomenon of natural or human origin resulting in the degradation of the environment. [Am. 83]

Article 4

Priorities

The EMFF EMFAF shall contribute to the implementation of the CFP and of the maritime policy. It shall pursue the following priorities:

(1)  Fostering sustainable fisheries and the protection, restoration and conservation of marine biological resources; [Am. 291/rev]

(1a)  Fostering sustainable aquaculture; [Am. 85]

(2)  Contributing to food security in the Union through competitive and sustainable and socially responsible aquaculture, fisheries and markets; [Am. 291/rev]

(3)  Enabling the growth of a sustainable blue economy, taking into account the ecological carrying capacity, and fostering prosperous prosperity and economic and social cohesion in coastal, island and inland communities; [Am. 87]

(4)  Strengthening international ocean governance and enabling safe, secure, clean and sustainably managed seas and oceans.

Support under the EMFF EMFAF shall also contribute to the achievement of the environmental and climate change mitigation and adaptation objectives of the Union. That contribution shall be tracked in accordance with the methodology set out in Annex IV. [Am. 88]

The pursuit of those objectives shall not result in an increase in fishing capacity. [Am. 281]

Article 4a

Outermost Regions

All the provisions of this Regulation must take into account the specific constraints recognised in Article 349 of the Treaty on the Functioning of the European Union. [Am. 89]

CHAPTER II

Financial framework

Article 5

Budget

1.  The financial envelope for the implementation of the EMFF EMFAF for the period 2021-2027 shall be EUR 6 140 000 000 increased to EUR 6 867 000 000 in 2018 constant prices (i.e. EUR 7 739 000 000 in current prices). [Am. 90]

2.  The part of the financial envelope allocated to the EMFF EMFAF under Title II shall be implemented in shared management in accordance with Regulation (EU) No [Regulation laying down Common Provisions] and Article 63 of Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union].

3.  The part of the financial envelope allocated to the EMFF EMFAF under Title III shall be implemented either directly by the Commission in accordance with Article 62(1)(a) of Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union] or within the framework of indirect management in accordance with Article 62(1)(c) of that Regulation.

Article 6

Budgetary resources under shared management

1.  The part of the financial envelope under shared management as specified in Title II shall be EUR 5 311 000 000 87 % of the EMFAF financial envelope [EUR xxx] in current prices in accordance with the annual breakdown set out in Annex V. [Am. 91]

2.  For operations located in the outermost regions, each Member State concerned shall allocate, within its Union financial support set out in Annex V, at least:

(a)  EUR 102 000 000 for the Azores and Madeira;

(b)  EUR 82 000 000 for the Canary Islands;

(c)  EUR 131 000 000 for Guadeloupe, French Guiana, Martinique, Mayotte, Réunion and Saint-Martin. [Am. 92]

3.  The compensation referred to in Article 21 shall not exceed 50% of each of the allocations referred to in points (a), (b) and (c) of paragraph 2. [Am. 93]

4.  At least 15 % of the Union financial support allocated per Member State shall be allocated to the areas of support referred to in Articles 19 and 20. Member States with no access to Union waters may apply a lower percentage with regard to the extent of their control and data collection tasks. Where allocations for control and data collection under Articles 19 and 20 of this Regulation are not used, the Member State concerned may transfer corresponding amounts to be used under direct management for the purposes of development and implementation, by the European Fisheries Control Agency, of a Union fisheries control system under point (b) of Article 40 of this Regulation. [Am. 94]

4a.  At least 25 % of the Union financial support allocated per Member State shall be allocated to the protection and restoration of marine and coastal biodiversity and ecosystems and for marine knowledge (Articles 22 and 27). [Ams. 283 and 315]

4b.  At least 10 % of the Union financial support allocated per Member State shall be allocated to improving the safety, working and living conditions of the crew, training, social dialogue, skills and employment. However, the Union financial support from the EMFAF allocated per Member State for all investments on board shall not exceed 60 % of the Union financial support allocated per Member State. [Am. 96]

5.  The Union financial support from the EMFF EMFAF allocated per Member State to the areas of support referred to in Articles 17(2) and 18 shall not exceed the higher of the following two thresholds:

(a)  EUR 6 000 000; or

(b)  10% 15 % of the Union financial support allocated per Member State. [Am. 97]

6.  In accordance with Articles 30 to 32 of Regulation (EU) No [Regulation laying down Common Provisions], the EMFF EMFAF may support technical assistance for the effective administration and use of this Fund at the initiative of a Member State.

Article 7

Financial distribution for shared management

The resources available for commitments by Member States referred to in Article 6(1) for the period from 2021 to 2027 are set out in the table in Annex V.

Article 8

Budgetary resources under direct and indirect management

1.  The part of the financial envelope under direct and indirect management as specified in Title III shall be EUR 829 000 000 13 % of the EMFAF financial envelope [EUR  xxx] in current prices. [Am. 98]

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

In particular, the EMFF EMFAF may support, at the initiative of the Commission and subject to the ceiling of 1,7 % of the financial envelope referred to in Article 5(1):

(a)  technical assistance for the implementation of this Regulation as referred to in Article 29 of Regulation (EU) No [Regulation laying down Common Provisions];

(b)  the preparation, monitoring and evaluation of sustainable fisheries partnership agreements and the Union participation in regional fisheries management organisations;

(c)  the setting-up of a European network of local action groups.

3.  The EMFF EMFAF shall support the costs of information and communication activities linked to the implementation of this Regulation.

CHAPTER III

Programming

Article 9

Programming for support under shared management

1.  In accordance with Article 16 of Regulation (EU) No [Regulation laying down Common Provisions], each Member State shall prepare a single national programme or regional operational programmes to implement the priorities referred to in Article 4. [Am. 99]

2.  Support under Title II shall be organised along the areas of support set out in Annex II.

3.  In addition to the elements referred to in Article 17 of Regulation (EU) No [Regulation laying down Common Provisions], the programme shall include:

(a)  an analysis of the situation in terms of strengths, weaknesses, opportunities and threats and the identification of the needs that require to be addressed in the relevant geographical area, including, where appropriate, sea basins covered by the programme;

(b)  the action plan for small-scale coastal fishing referred to in Article 15;

(c)  where applicable, the action plans for the outermost regions referred to in paragraph 4 Article 29c; [Am. 100]

(ca)   where appropriate, sea-basin action plans for subnational or regional authorities responsible for fisheries, shellfish and maritime affairs. [Am. 101]

4.  Member States concerned shall prepare as part of their programme an action plan for each of their outermost regions referred to in Article 6(2), which shall set out:

(a)  a strategy for the sustainable exploitation of fisheries and the development of sustainable blue economy sectors;

(b)  a description of the main actions envisaged and the corresponding financial means, including:

i)  the structural support to the fishery and aquaculture sector under Title II;

ii)  the compensation for additional costs referred to in Article 21;

iii)  any other investment in the sustainable blue economy necessary to achieve a sustainable coastal development. [Am. 102]

5.  The Commission, after obtaining the opinions of the relevant Advisory Councils, shall develop an analysis for each sea basin indicating the common strengths and weaknesses of the sea basin with regard to the achievement of the objectives of the CFP, as referred to in Article 2 of Regulation (EU) No 1380/2013, and the achievement of good environmental status, as referred to in Directive 2008/56/EC. Where applicable, This analysis shall take into account the existing sea basin and macro-regional strategies. [Am. 103]

6.  The Commission shall assess the programme in accordance with Article 18 of Regulation (EU) No [Regulation laying down Common Provisions]. In its assessment it shall take into account, in particular:

(a)  the maximisation of the contribution of the programme to the priorities referred to in Article 4;

(b)  the balance between the fishing capacity of the fleets and the available fishing opportunities, as reported annually by Member States according to Article 22(2) of Regulation (EU) No 1380/2013;

(ba)   where applicable, the need to modernise or to renew the fleets; [Am. 104]

(c)  where applicable, the multiannual management plans adopted under Articles 9 and 10 of Regulation (EU) No 1380/2013, the management plans adopted under Article 19 of Council Regulation (EC) No 1967/2006 and the recommendations from regional fisheries management organisations, where applicable to the Union;

(d)  the implementation of the landing obligation referred to in Article 15 of Regulation (EU) No 1380/2013;

(da)   control of invasive species that cause considerable damage to the productivity of fisheries; [Am. 105]

(db)   support for research into and use of innovative selective fishing gear throughout the Union, not only but including in accordance with Article 27 of Regulation (EU) No 1380/2013; [Am. 106]

(e)  the most recent evidence on the balance between the environmental priorities and the socio-economic performance of the sustainable blue economy, and in particular the fishery and aquaculture sector; [Am. 107]

(f)  where applicable, the analyses referred to in paragraph 5;

(g)  the contribution of the programme to bringing about a balance between the economic and social considerations and the conservation and restoration of marine and freshwater ecosystems, while the support related to Natura 2000 areas shall be in accordance with the prioritised action frameworks established pursuant to Article 8(4) of Directive 92/43/EEC; [Am. 108]

(h)  the contribution of the programme to the collection and reduction of marine litter, in accordance with Directive xx/xx of the European Parliament and of the Council [Directive on the reduction of the impact of certain plastic products on the environment](32); [Am. 109]

(i)  the contribution of the programme to climate change fight, mitigation and adaptation, including by reducing CO2 emissions by means of fuel savings; [Am. 110]

(ia)   the contribution of the programme to tackling IUU fishing. [Am. 111]

7.  Subject to Article 18 of Regulation (EU) No [Regulation laying down Common Provisions], the Commission shall adopt implementing acts approving the programme. The Commission shall approve the proposed programme provided the necessary information has been submitted.

8.  Subject to Article 19 of Regulation (EU) No [Regulation laying down Common Provisions], the Commission shall adopt implementing acts approving amendments to a programme.

Article 10

Programming for support under direct and indirect management

Titles III shall be implemented through work programmes referred to in Article 110 of Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union]. Work programmes shall set out, where applicable, the overall amount reserved for the blending operations referred to in Article 47.

TITLE II

SUPPORT UNDER SHARED MANAGEMENT

CHAPTER I

General principles of support

Article 11

State aid

1.  Without prejudice to paragraph 2, Articles 107, 108 and 109 of the Treaty shall apply to aid granted by Member States to undertakings in the fishery and aquaculture sector.

2.  However, Articles 107, 108 and 109 of the Treaty shall not apply to payments made by Member States pursuant to this Regulation and falling within the scope of Article 42 of the Treaty.

3.  National provisions setting up public financing going beyond the provisions of this Regulation concerning payments referred to in paragraph 2 shall be treated as a whole on the basis of paragraph 1.

Article 12

Admissibility of applications

1.  An application submitted by a beneficiary an applicant for support from the EMFF EMFAF shall be inadmissible for an identified period of time laid down pursuant to paragraph 4, if it has been determined by the competent authority that the beneficiary applicant concerned: [Am. 112]

(a)  has committed serious infringements under Article 42 of Council Regulation (EC) No 1005/2008(33) or Article 90 of Council Regulation (EC) No 1224/2009 or under other legislation adopted by the European Parliament and by the Council within the framework of the CFP and Union environmental legislation; [Am. 317]

(b)  has been involved in the operation, management or ownership of fishing vessels included in the Union IUU vessel list as set out in Article 40(3) of Regulation (EC) No 1005/2008, or of a vessel flagged to countries identified as non-cooperating third countries as set out in Article 33 of that Regulation; or

(c)  has committed any of the environmental offences set out in Articles 3 and 4 of Directive 2008/99/EC of the European Parliament and of the Council(34), where the application is made for support under Article 23. [Am. 114]

2.  The beneficiary, after submitting the application, shall continue to comply with the admissibility conditions referred to in paragraph 1 throughout the period of implementation of the operation and for a period of five two years after the final payment to that beneficiary. [Am. 115]

3.  Without prejudice to more far-reaching national rules as agreed on in the Partnership Agreement with the Member State concerned, an application submitted by a beneficiary shall be inadmissible for an identified period of time laid down pursuant to paragraph 4, if it has been determined by the competent authority that the beneficiary has committed a fraud, as defined in Article 3 of Directive 2017/1371/EU of the European Parliament and of the Council(35).

4.  The Commission shall be empowered to adopt delegated acts in accordance with Article 52 concerning:

(a)  the identification of the threshold triggering and the length of period of time of inadmissibility referred to in paragraphs 1 and 3, which shall be proportionate to the nature, gravity, duration and repetition of the serious infringements, offences or fraud, and shall be of at least one year's duration;

(aa)   any conditions under which the duration of the period of ineligibility is reduced; [Am. 116]

(ab)   the definition of the conditions to be complied with after the submission of the request referred to in paragraph 2 and the arrangements for recovering the aid granted in the event of non-compliance, to be scaled according to the seriousness of the infringement committed; [Am. 117]

(b)  the relevant starting or ending dates of the period of time referred to in paragraphs 1 and 3.

5.  Member States shall require that beneficiaries submitting an application under the EMFF EMFAF provide to the managing authority a signed statement confirming that they respect the criteria listed in paragraphs 1 and 3. Member States shall verify the veracity of that statement before approving the operation, based on the information available in the national registers of infringements referred to in Article 93 of Regulation (EC) No 1224/2009, or any other available data.

For the purposes of the verification referred to in the first subparagraph, a Member State shall provide, on request from another Member State, the information contained in its national register of infringements referred to in Article 93 of Regulation (EC) No 1224/2009.

5a.  Member States may apply the inadmissibility period also to applications submitted by fishers in inland waters who have committed serious infringements as defined by national rules. [Am. 118]

Article 12a

Eligible operations

A variety of operations identified by the Member States in their programmes may be supported by the EMFAF, provided that they are covered by one or more of the priorities identified in this Regulation. [Am. 119]

Article 13

Ineligible operations

The following operations shall not be eligible under the EMFF EMFAF:

(a)  operations that increase the fishing capacity of a fishing vessel or support the acquisition of equipment that increases the ability of a fishing vessel to find fish, except for the purpose of improving the safety or the working or living conditions of the crew which includes corrections to vessel stability, or the quality of the product, provided that the increase is within the limit allocated to the Member State concerned, without jeopardising the balance between fishing capacity and available fishing opportunities and without increasing the ability of the fishing vessel concerned to catch fish; [Am. 120]

(b)  the construction and acquisition of fishing vessels or the importation of fishing vessels, unless otherwise provided for in this Regulation;

(c)  the transfer or reflagging of fishing vessels to third countries including through the creation of joint ventures with partners of those countries;

(d)  the temporary or permanent cessation of fishing activities, unless otherwise provided for in this Regulation;

(e)  exploratory fishing;

(f)  the transfer of ownership of a business, except for the transfer of an undertaking to young fishermen or young aquaculture producers; [Am. 121]

(g)  direct restocking, except explicitly provided for as a conservation measure by a Union legal act or in the cases of experimental restocking or restocking associated with processes to improve the environmental and production conditions of the natural environment; [Am. 122]

(h)  the construction of new ports, or new landing sites or new auction halls except for small ports and landing sites in remote areas, particularly in the outermost regions, on remote islands and in peripheral and non-urban coastal areas; [Am. 123]

(i)  market intervention mechanisms aiming to temporarily or permanently withdraw fishery or aquaculture products from the market with a view to reducing supply in order to prevent price decline or drive up prices; by extension, storage operations in a logistics chain that would produce the same effects either intentionally or unintentionally; [Am. 124]

(j)  except where otherwise provided for in this Regulation, investments on board fishing vessels necessary to comply with the requirements under Union or national law, including requirements under the Union's obligations in the context of regional fisheries management organisations, unless those investments lead to disproportionate costs for the operators; [Am. 125]

(k)  investments on board fishing vessels that have carried out activities at sea for less than 60 days in each of the two calendar years preceding the year of submission of the application for support. [Am. 126]

(ka)  the replacement or modernisation of the main or auxiliary engine of a fishing vessel if it results in an increase in power in Kw; [Am. 127]

(kb)  the production of genetically modified organisms where such production may adversely affect the natural environment. [Am. 128]

Article 13a

Support for operations for the management of fisheries and fishing fleets

The EMFAF may support operations for the management of fisheries and fishing fleets in accordance with the entry/exit scheme referred to in Article 23 of Regulation (EU) No 1380/2013 and with the fishing capacity ceilings established in Annex II to that Regulation. In particular, Member States shall endeavour to optimise the allocation of their available fishing capacity, taking into account the needs of their fleet, without increasing their overall fishing capacity. [Am. 323]

CHAPTER II

Priority 1: Fostering sustainable fisheries and, the conservation of marine biological resources and the socio-economic stability [Am. 129]

Section 1

General conditions

Article 14

General scope of support

1.  Support under this Chapter shall contribute to the achievement of the environmental, economic, social and employment objectives of the CFP, as set out in Article 2 of Regulation (EU) No 1380/2013, and will foster social dialogue between the parties. [Am. 130]

2.  Where support under this Chapter is granted for a vessel, that vessel shall not be transferred or reflagged outside the Union during at least the five years from the final payment for the supported operation.

3.  Support under this Chapter shall also apply to inland fishing, with the exception of Articles 15 and 17.

Section 2

Small-scale coastal fishing

Article 15

Action plan for small-scale coastal fishing

1.  Member States shall prepare as part of their programme an, and in due collaboration with the relevant sectors, a specific action plan for small-scale coastal fishing which shall set out a strategy for the development of profitable and sustainable small-scale coastal fishing. This strategy shall be structured along the following sections, where applicable: [Am. 131]

(a)  adjustment and management of fishing capacity;

(b)  promotion of low-impact, climate resilient and low-carbon fishing practices that minimize damage to the marine environment;

(c)  reinforcement of the value chain of the sector and promotion of marketing strategies, promoting any mechanisms that improve first-sale price, in order to benefit fishers by increasing their reward for their work, and that promote fair and appropriate distribution of value added throughout the sector's value chain, reducing intermediaries' margins, increasing the prices paid to producers and restricting the prices paid by end-consumers; [Am. 311]

(d)  promotion of skills, knowledge, innovation and capacity building, in particular for young fishers; [Am. 132]

(e)  improvement of health, safety and working conditions on board fishing vessels, in fishing on foot and shellfish gathering, as well as on-shore in direct fishing-related activities; [Am. 133]

(f)  increased compliance with data collection, traceability, monitoring, control and surveillance requirements;

(g)  involvement in the participatory management of the maritime space, including Marine Protected Areas and Natura 2000 areas;

(h)  diversification of activities in the broader sustainable blue economy;

(i)  collective organisation and participation in the decision-making and advisory processes.

2.  The action plan shall take into account the FAO voluntary guidelines for securing sustainable small-scale fisheries and, where appropriate, the regional plan of action for small-scale fisheries from the General Fisheries Commission for the Mediterranean.

3.  For the purpose of monitoring the implementation of the strategy referred to in paragraph 1, the action plan shall establish specific milestones and targets linked to relevant indicators established under the monitoring and evaluation framework referred to in Article 37.

3a.  In order to alleviate the administrative burden on operators applying for aid, Member States shall endeavour introducing a single Union simplified application form for EMFAF measures. [Am. 134]

Article 16

Investments in small-scale coastal fishing vessels

1.  The EMFF EMFAF may support the following investments in respect of small-scale coastal fishing vessels which belong to a fleet segment for which the latest report on fishing capacity, referred to in Article 22(2) of Regulation (EU) No 1380/2013, has shown a balance with the fishing opportunities available to that segment:

(a)  the first acquisition of a fishing vessel by a young fisher who, at the moment of submitting the application, is under 40 years of age and has worked a least five years as fisher or has acquired adequate vocational qualification;

(aa)  the reclassification, renewal and resizing of vessels, when they are clearly obsolete, making it possible to improve fishing conditions and increase periods spent out at sea. [Am. 312]

(b)  the replacement or modernisation of a main or ancillary engine.

(ba)  the facilitation of access to credit, insurance and financial instruments. [Am. 136]

2.  The vessels referred to in paragraph 1 shall be equipped for sea fishing and be between 5 and 30 years old. [Am. 137]

3.  The support referred to in paragraph 1(b) may only be granted under the following conditions:

(a)  the new or modernised engine shall not have more power in kW than the current engine;

(b)  any reduction of fishing capacity in kW due to the replacement or modernisation of a main or ancillary engine shall be permanently removed from the Union fleet register;

(c)  the engine power of the fishing vessel shall have been physically inspected by the Member State to ensure that it does not exceed the engine power stated in the fishing license.

4.  No support shall be granted under this Article, if the assessment on the balance between fishing capacity and fishing opportunities in the latest report referred to in Article 22(2) of Regulation (EU) No 1380/2013 for the fleet segment to which the vessels concerned belong, has not been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines referred to in that Regulation.

Section 3

Specific areas of support

Article 17

Management of fisheries and fishing fleets

1.  The EMFF EMFAF may support operations for the management of fisheries and fishing fleets.

2.  If The support referred to in paragraph 1 is may be granted through the compensation for the permanent cessation of fishing activities, provided that the following conditions shall be are complied with: [Am. 139]

(a)  the cessation is foreseen as a tool of an action plan referred to in Article 22(4) of Regulation (EU) No 1380/2013;

(aa)  the cessation leads to a permanent decrease in the fishing capacity as the support received is not re-invested in the fleet; [Am. 140]

(b)  the cessation is achieved through the scrapping of the fishing vessel or through its decommissioning and retrofitting to activities other than commercial fishing, keeping in line with the objectives of the CFP and multiannual plans;

(c)  the fishing vessel is registered as active and has carried out fishing activities at sea for at least 120 90 days in each of the last three two calendar years preceding the year of submission of the application for support; [Am. 141]

(d)  the equivalent fishing capacity is permanently removed from the Union fishing fleet register and the fishing licenses and authorisations are permanently withdrawn, in accordance with Article 22(5) and (6) of Regulation (EU) No 1380/2013; and

(e)  the beneficiary is prohibited from registering any fishing vessel within five years following the receipt of support.

Fishers, including owners of fishing vessels and crew members, who have worked at sea for at least 90 days per year during the last two calendar years preceding the date of submission of the application for support, on board a Union fishing vessel concerned by the permanent cessation may also benefit from the support referred to in paragraph 1. The fishers concerned shall completely cease all fishing activities. The beneficiary shall provide proof of the complete cessation of fishing activities to the competent authority. The compensation shall be refunded by the fisher on a pro rata temporis basis where that fisher returns to a fishing activity within a period of less than two years from the date of submission of the application for support. [Am. 143]

3.  The support for the permanent cessation of fishing activities referred to in paragraph 2 shall be implemented by financing not linked to costs, in accordance with Articles 46(a) and 89 of Regulation (EU) No [Regulation laying down Common Provisions], and shall be based on the fulfilment of the conditions laid down in paragraph 2 of this Article. [Am. 144]

(a)  the fulfilment of conditions, in accordance with Article 46(a)(i) of Regulation (EU) No [Regulation laying down Common Provisions]; and [Am. 145]

(b)  the achievement of results, in accordance with Article 46(a)(ii) of Regulation (EU) No [Regulation laying down Common Provisions]. [Am. 146]

The Commission shall be empowered to adopt delegated acts, in accordance with Article 52, laying down the conditions referred to in point (a), which shall relate to the implementation of conservation measures, as referred to in Article 7 of Regulation (EU) No 1380/2013. [Am. 147]

4.  No support shall be granted under paragraph 2, if the assessment on the balance between fishing capacity and fishing opportunities in the latest report referred to in Article 22(2) of Regulation (EU) No 1380/2013 for the fleet segment to which the vessels concerned belong has not been prepared on the basis of the biological, economic and vessel use indicators set out in the common guidelines referred to in that Regulation.

Article 18

Extraordinary Temporary cessation of fishing activities [Am. 148]

1.  The EMFF EMFAF may support a compensation for the extraordinary temporary cessation of fishing activities caused by: [Am. 149]

(a)  conservation measures, as referred to in Article 7(1), points (a), (b), (c), (i) and (j) of Regulation (EU) No 1380/2013, including biological recovery periods and excluding TACs and quotas, or equivalent conservation measures adopted by regional fisheries management organisations, where applicable to the Union; [Am. 150]

(b)  Commission or Member States' emergency measures in case of a serious threat to marine biological resources, as referred to in Article 12 Articles 12 and 13 respectively of Regulation (EU) No 1380/2013; [Am. 151]

(c)  the interruption of the application or non-renewal, due to reasons of force majeure of the application, of a sustainable fisheries partnership agreement or protocol thereto; or [Am. 152]

(d)  natural disasters, environmental incidents, including episodes of health closures or abnormal mortality of fishery resources, accidents at sea during fishing activities and adverse climate events, including prolonged unsafe weather conditions at sea that impacts a certain fishery, as formally recognised by the competent authorities of the relevant Member State. [Am. 153]

The recurrent seasonal suspension of fishing activities shall not be taken into account when granting compensation or making payments under this Article. [Am. 154]

2.  The support referred to in paragraph 1 may only be granted where:

(a)  the commercial fishing activities of the vessel concerned are stopped during at least 90 30 consecutive days; and [Am. 155]

(b)  the economic losses resulting from the cessation amount to more than 30 % of the annual turnover of the business concerned, calculated on the basis of the average turnover of that business over the preceding three calendar years.

3.  The support referred to in paragraph 1 shall only be granted to:

(a)  owners of fishing vessels or fishers on foot which are registered as active and which have carried out fishing activities at sea for at least 120 days in each of during the last three two calendar years preceding the year of submission of the application for support; or [Am. 157]

(b)  fishers who have worked at sea for at least 120 days in each of during the last three two calendar years preceding the year of submission of the application for support on board a Union fishing vessel concerned by the extraordinary temporary cessation. [Am. 158]

The reference to the number of days at sea in this paragraph shall not apply to eel fisheries.

4.  The support referred to in paragraph 1 may be granted for a maximum duration of 6 months per vessel during the period from 2021 to 2027. [Separate vote]

5.  All fishing activities carried out by the vessels and fishers concerned shall be effectively suspended during the period concerned by the cessation. The competent authority shall satisfy itself that the vessel concerned has stopped any fishing activities during the period concerned by the extraordinary temporary cessation and that any overcompensation resulting from the use of the vessel for other purposes is avoided. [Am. 159]

Article 19

Control and enforcement

1.  The EMFF EMFAF may support the development and implementation of a Union fisheries control system as provided for in Article 36 of Regulation (EU) No 1380/2013 and further specified in Council Regulation (EC) No 1224/2009.

2.  By way of derogation from Article 13(j), the support referred to in paragraph 1 may also cover:

(a)  the purchase and, installation and management on vessels of the necessary components for compulsory vessel tracking and electronic reporting systems used for control and inspection purposes, only in the case of small-scale coastal fishing vessels with an overall length of less than 12 metres; [Am. 160]

(b)  the purchase and installation on vessels of the necessary components for compulsory remote electronic monitoring systems used for controlling the implementation of the landing obligation referred to in Article 15 of Regulation (EU) No 1380/2013; [Am. 161]

(c)  the purchase and installation on vessels of devices for compulsory continuous measurement and recording of propulsive engine power. [Am. 162]

3.  The support referred to in paragraph 1 may also contribute to maritime surveillance as referred to in Article 28 and to the European cooperation on coastguard functions as referred to in Article 29.

4.  By way of derogation from Article 2, the support referred to in paragraph 1 may also be granted to operations carried out outside the territory of the Union.

Article 20

Collection and, processing and dissemination of data for fisheries and aquaculture management and scientific purposes [Am. 163]

1.  The EMFF EMFAF may support the collection, management and, processing, use and dissemination of data for fisheries and aquaculture management and scientific purposes, including data on recreational fisheries, as provided for in Article 25(1) and (2) and Article 27 of Regulation (EU) No 1380/2013 and further specified in Regulation (EU) 2017/1004, on the basis of the national work plans referred to in Article 6 of Regulation (EU) 2017/1004. [Am. 164]

2.  By way of derogation from Article 2, the support referred to in paragraph 1 may also be granted to operations carried out outside the territory of the Union.

3.  The Commission may adopt implementing acts laying down rules on procedures, format and timetables for the submission of the national work plans referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 53(2).

4.  The Commission shall adopt implementing acts approving or amending the national work plans referred to in paragraph 1 by 31 December of the year preceding the year from which the work plan is to apply.

Article 22

Protection and restoration of marine and, coastal and freshwater biodiversity and ecosystems [Am. 166]

1.  The EMFF EMFAF may support actions for the protection and restoration of marine and, coastal and freshwater biodiversity and ecosystems, including in inland waters. For this purpose the cooperation with the European Space Agency and European satellite programmes should be fostered to gather more data on the situation of maritime pollution and especially plastic waste in the waters. [Am. 167]

2.  The support referred to in paragraph 1 may cover:

(a)  compensations to fishers for the collection of lost fishing gears and the passive collection of marine litter from the sea, including the collection of sargassum seaweed in the outermost regions affected; [Am. 168]

(b)  investments in ports to provide adequate reception, storage and recycling facilities for lost fishing gears and marine litter, as well as unwanted catches as provided for in Article 15 of Regulation (EU) No 1380/2013, collected from the sea; [Am. 169]

(ba)   protecting gear and catches from mammals and birds protected by Directives 92/43/EEC or 2009/147/EC, provided that it does not undermine the selectivity of the fishing gear; [Am. 170]

(bb)   compensation for the use of sustainable fishing and shellfishing gears; [Am. 171]

(c)  actions to achieve or maintain a good environmental status in the marine environment, as set out in Article 1(1) of Directive 2008/56/EC;

(ca)   measures to achieve and maintain good environmental status in the freshwater environment; [Am. 172]

(cb)  clean-up actions, particularly for plastic, in the Union's coastal areas, ports and fishing grounds; [Am. 173]

(d)  the implementation of spatial protection measures established pursuant to Article 13(4) of Directive 2008/56/EC;

(e)  the management, restoration and monitoring of Natura 2000 areas, in accordance with the prioritised action frameworks established pursuant to Article 8 of Directive 92/43/EEC;

(f)  the protection of species under Directive 92/43/EEC and, Directive 2009/147/EC, in accordance with the prioritised action frameworks established pursuant to Article 8 of Directive 92/43/EEC, and the protection of all species covered by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and/or included in the International Union for Conservation of Nature (IUCN) Red List; [Am. 174]

(fa)   the construction, installation or modernisation of fixed or mobile devices intended to protect and enhance marine fauna and flora, including their scientific preparation and assessment and, in the case of the outermost regions, anchored fish aggregation devices that contribute to sustainable and selective fishing; [Am. 175]

(fb)   schemes for compensation for damage to catches caused by mammals and birds protected by Directives 92/43/EEC and 2009/147/EC; [Am. 176]

(fc)   contributions to a better management or conservation of marine biological resources; [Am. 177]

(fd)   support for protective hunting or nuisance wildlife management of species that endanger sustainable levels of fish stocks; [Am. 178]

(fe)   direct restocking as a conservation measure in a Union legal act; [Am. 179]

(ff)   support for the collection and management of data on the occurrence of alien species that may cause catastrophic effects on biodiversity; [Am. 180]

(fg)   training for fishermen, in particular in the use of more selective fishing gear and equipment, with a view to raising awareness and reducing fishing's impact on the marine environment. [Am. 181]

2a.  The EMFAF may provide funding for damages and investments with reference to points (a) and (b) of Article 22(2) at 100 %. [Am. 182]

2b.  Points (e) and (f) of paragraph 2 include corresponding actions by fish farms and farmers. [Am. 183]

Article 22a

Scientific research and data collection on migratory birds impact

1.  The EMFAF may support, based on the multiannual national strategic plans, the establishment of national or cross border scientific research and data collection projects with the aim of better understanding the impact of the migratory birds on the aquaculture sector and other relevant Union fish stocks. These projects should publish their results on an early basis and make recommendations regarding better management.

2.  In order to be eligible, a national scientific research and data collection project has to include at least one national or Union recognised institute.

3.  In order to be eligible, a cross-border scientific research and data collection project shall include at least one institute from at least two different Member States. [Am. 184]

Article 22b

Innovations

1.  In order to stimulate innovation in fisheries, the EMFAF may support projects aimed at developing or introducing new or substantially improved products and equipment, new or improved processes and techniques, new or improved management and organisation systems, including at the level of processing and marketing, gradual elimination of discards and by-catches, introduction of new technical or organisational knowledge, reducing the environmental impact of fishing activities, including improved fishing techniques and selectivity of fishing gear, or achieving a more sustainable use of living marine resources and coexistence with protected predators.

2.  Operations financed under this Article shall be initiated by individual entrepreneurs or producer organisations and their associations.

3.  The results of operations financed under this Article shall be made public by the Member State. [Am. 185]

CHAPTER IIa

Priority 1 a: Fostering sustainable aquaculture [Am. 186]

Article 23

Aquaculture

1.  The EMFF EMFAF may support the promotion of a sustainable aquaculture - seawater and freshwater, including aquaculture with closed containment and water recirculating systems - as provided for in Article 34(1) of Regulation (EU) No 1380/2013 and the increase of aquaculture production, taking into account ecological carrying capacity. It may also support animal health and welfare in aquaculture in accordance with Regulation (EU) 2016/429 of the European Parliament and of the Council(36) and Regulation (EU) No 652/2014 of the European Parliament and of the Council(37). [Am. 187]

2.  The support referred to in paragraph 1 shall be consistent with the multiannual national strategic plans for the development of aquaculture referred to in Article 34(2) of Regulation (EU) No 1380/2013.

3.  Productive Aquaculture investments under this Article may only be supported through grants, in accordance with Article 48(1) of Regulation (EU) [Regulation laying down Common Provisions], and, preferably, through the financial instruments provided for in Article 52 of Regulation (EU) No [Regulation laying down Common Provisions] and through InvestEU, in accordance Article 10 of that Regulation. [Am. 188]

Article 23a

Aquaculture Statistical Information Network

1.  The EMFAF may support the collection, management and use of data for the management of aquaculture as provided for in points (a) and (e) of Article 34(1) and in Article 34(5) and point (d) of Article 35(1) of Regulation (EU) No 1380/2013 for the establishment of the Aquaculture Statistical Information Network (ASIN-RISA) and national work plans for its implementation.

2.  By way of derogation from Article 2, the support referred to in paragraph 1 of this Article may also be granted for operations outside the territory of the Union.

3.  The Commission may adopt implementing acts laying down rules concerning the procedures, format and timetables for the creation of the ASIN-RISA referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 53(2).

4.  The Commission may adopt implementing acts approving or amending the national work plans referred to in paragraph 1 by 31 December of the year preceding the year from which the work plan is to apply. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 53(2). [Am. 1 and 189]

CHAPTER III

Priority 2: Contributing Promoting competitive and sustainable fisheries and aquaculture markets and processing sectors contributing to food security in the Union through competitive and sustainable aquaculture and markets [Am. 190]

Article 24

Marketing of fishery and aquaculture products

1.  The EMFF EMFAF may support actions contributing to the achievement of the objectives of the common organisation of the markets in fishery and aquaculture products as provided for in Article 35 of Regulation (EU) No 1380/2013 and further specified in Regulation (EU) No 1379/2013. It may also support tangible investments and actions promoting the marketing, the quality and the value added of fishery and sustainable aquaculture products. [Am. 191]

1a.  Regarding the preparation and implementation of production and marketing plans referred to in Article 28 of Regulation (EU) No 1379/2013, the Member State concerned may grant an advance of 50 % of the financial support after approval of the production and marketing plan in accordance with Article 28(3) of Regulation (EU) No 1379/2013. [Am. 192]

1b.  Support granted per producer organisation per year under this Article shall not exceed 3 % of the average annual value of the production placed on the market by that producer organisation during the preceding three calendar years or of the production placed on the market by the members of that organisation during the same period. For any newly recognised producer organisation, that support shall not exceed 3 % of the average annual value of the production placed on the market by the members of that organisation during the preceding three calendar years. [Am. 193]

1c.  The support referred to in paragraph 1a shall only be granted to producer organisations and associations of producers organisations. [Am. 194]

Article 25

Processing and storage of fishery and aquaculture products [Am. 195]

1.  The EMFF EMFAF may support investments in the processing and storage of fishery and aquaculture products. Such support shall contribute to the achievement of the objectives of the common organisation of the markets in fishery and aquaculture products as provided for in Article 35 of Regulation (EU) No 1380/2013 and further specified in Regulation (EU) No 1379/2013. [Am. 196]

1a.   The EMFAF may also support investments for the innovation in the processing of fishery and aquaculture products, as well as the promotion of partnership between POs and scientific entities. [Am. 197]

2.  Support under this Article shall only be granted through grants and through the financial instruments provided for in Article 52 of Regulation (EU) No [Regulation laying down Common Provisions] and through InvestEU, in accordance Article 10 of that Regulation. [Am. 198]

2a.  The development of fisheries and aquaculture processing plants may be supported by the Member States by the involvement of other Structural Fund resources. [Am. 199]

Article 25a

Storage aid

1.  The EMFAF may support compensation to recognised producer organisations and associations of producers organisations which store fishery products listed in Annex II to Regulation (EU) No 1379/2013, provided that those products are stored in accordance with Articles 30 and 31 of that Regulation and subject to the following conditions:

(a)  the amount of the storage aid does not exceed the amount of the technical and financial costs of the actions required for the stabilisation and storage of the products in question;

(b)  the quantities eligible for storage aid do not exceed 15 % of the annual quantities of the products concerned put up for sale by the producer organisation;

(c)  the financial support per year does not exceed 2 % of the average annual value of the production placed on the market by the members of the producer organisation in the period 2016-2018. For the purposes of this point, where a member of the producer organisation did not have any production placed on the market in the period 2016 to 2018, the average annual value of production placed on the market in the first three years of production of that member shall be taken into account.

2.  The support referred to in paragraph 1 shall only be granted once the products are released for human consumption.

3.  Member States shall fix the amount of the technical and financial costs applicable in their territories as follows:

(a)  technical costs shall be calculated each year on the basis of direct costs relating to the actions required in order to stabilise and store the products in question;

(b)  financial costs shall be calculated each year using the interest rate set annually in each Member State; those technical and financial costs shall be made publicly available.

4.  Member States shall carry out controls to ensure that the products benefitting from storage aid fulfil the conditions laid down in this Article. For the purposes of such controls, beneficiaries of storage aid shall keep stock records for each category of products entered into storage and later reintroduced onto the market for human consumption. [Am. 200]

CHAPTER IV

Priority 3: Enabling the growth of a sustainable blue economy within ecological limits and fostering prosperous coastal, island and waterfront communities [Am. 201]

Article 26

Community-led local development

1.  The EMFF EMFAF may support the favourable conditions needed for a sustainable development blue economy and for the welfare of local economies and communities through the community-led local development set out in Article 25 of Regulation (EU) No [Regulation laying down Common Provisions]. [Am. 202]

2.  For the purpose of EMFF EMFAF support, the community-led local development strategies referred to in Article 26 of Regulation (EU) No [Regulation laying down Common Provisions] shall ensure that local communities better exploit and benefit from the opportunities offered by the a sustainable blue economy within ecological limits, capitalising on and strengthening environmental, cultural, social and human resources. [Am. 203]

2a.  The strategies shall be coherent with the opportunities and needs identified in the relevant area and the Union priorities set out in Article 4. Strategies may range from those which focus on fisheries to broader strategies directed at diversification of fisheries areas. The strategies shall go beyond a mere collection of operations or juxtaposition of sectorial measures. [Am. 204]

2b.   Actions taken in this sector should be coherent with the regional development strategies so as to allow a sustainable blue economy to grow and coastal territories to have added value. [Am. 205]

2c.   Member States shall implement the co-management regime to ensure that the objectives of this Regulation are achieved taking into account the local fishing realities. [Am. 206]

Article 27

Marine and freshwater knowledge [Am. 207]

The EMFF EMFAF may also support the collection, management, analysis, processing and use of data to improve the knowledge on the state of the marine and freshwater environment, recreational fisheries and recreational fisheries sector with a view to: [Am. 208]

(a)  fulfilling monitoring and site designation and management requirements under Directive 92/43/EEC and Directive 2009/147/EC;

(aa)   fulfilling data collection requirements under Commission Regulation (EC) No 665/2008(38), Commission Decision 2010/93/EU(39), Commission Implementing Decision (EU) 2016/1251(40) and the Data Collection Framework Regulation; [Am. 209]

(b)  supporting maritime spatial planning as referred to in Directive 2014/89/EU of the European Parliament and of the Council(41);

(ba)   fulfilling data collection requirements under the CFP Regulation; [Am. 210]

(c)  increasing data quality and sharing through the European marine observation and data network (EMODnet) as well as in other data networks covering freshwater; [Am. 211]

(ca)   increase the available reliable data on recreational fishing catches; [Am. 212]

(cb)   investments in the analysis and observation of marine pollution, especially plastics, to increase data on the situation; [Am. 213]

(cc)   increasing knowledge about marine plastic litter and its concentrations. [Am. 214]

CHAPTER V

Priority 4: Strengthening international ocean governance and enabling safe, secure, clean and sustainably managed seas and oceans

Article 28

Maritime surveillance

1.  The EMFF EMFAF may support actions contributing to the achievement of the objectives of the common information sharing environment.

2.  By way of derogation from Article 2, the support referred to in paragraph 1 of this Article may also be granted to operations carried out outside the territory of the Union.

2a.   In accordance with the objective of achieving safe, secure, clean and sustainably managed seas and oceans, the EMFAF shall contribute to the achievement of Sustainable Development Goal 14 of the United Nations 2030 Agenda for Sustainable Development. [Am. 215]

Article 29

Coastguard cooperation

1.  The EMFF EMFAF may support actions, carried out by national authorities, contributing to the European cooperation on coastguard functions referred to in Article 53 of Regulation (EU) 2016/1624 of the European Parliament and of the Council(42), Article 2b of Regulation (EU) No 2016/1625 of the European Parliament and of the Council(43) and Article 7a of Regulation (EU) No 2016/1626 of the European Parliament and of the Council(44).

2.  The support for actions referred to in paragraph 1 may also contribute to the development and implementation of a Union fisheries control and inspection system under the conditions set out in Article 19. [Am. 216]

3.  By way of derogation from Article 2, the support referred to in paragraph 1 may also be granted to operations carried out outside the territory of the Union.

Article 29a

Protecting nature and species

The EMFAF shall support nature protection measures taken within the framework of the UN's World Charter for Nature, particularly Articles 21, 22, 23 and 24 thereof.

The EMFAF shall also support voluntary cooperation and coordination, with and between international forums, organisations, bodies and institutions with a view to pooling means of tackling IUU fishing, the poaching of marine species and the slaughter of species considered to be predators for fish stocks. [Ams. 217 and 301]

CHAPTER Va

Outermost regions [Am. 218]

Article 29b

Budgetary resources under shared management

1.  For operations located in the outermost regions, each Member State concerned shall allocate, within its Union financial support set out in Annex V, at least(45):

(a)  EUR 114 000 000 in 2018 constant prices (i.e. EUR 128 566 000 in current prices) for the Azores and Madeira;

(b)  EUR 91 700 000 in 2018 constant prices (i.e. EUR 103 357 000 in current prices) for the Canary Islands;

(c)  EUR 146 500 000 in 2018 constant prices (i.e. EUR 165 119 000 in current prices) for Guadeloupe, French Guiana, Martinique, Mayotte, Réunion and Saint-Martin.

2.  Each Member State shall determine the part of the financial envelopes established in paragraph 1, earmarked for the compensation referred to in Article 29d, and shall not exceed 50 % of each allocation referred to in paragraph 1.

3.  By way of derogation from Article 9(8) of this Regulation and Article 19(2) of Regulation (EU) No .../... [Regulation laying down Common Provisions], and in order to take account of changing conditions, Member States may adjust annually the list and quantities of eligible fishery products and the level of the compensation referred to in Article 29d, provided that the amounts referred to in paragraphs 1 and 2 of this Article are respected. Such adjustments shall be possible only to the extent that a corresponding increase or decrease is made to the compensation plans of another region of the same Member State. The Member State shall inform the Commission about the adjustments in advance. [Am. 321]

Article 29c

Action plan

Member States concerned shall prepare as part of their programme an action plan for each of their outermost regions referred to in Article 6(2), which shall set out:

(a)  a strategy for the sustainable exploitation of fisheries and the development of sustainable blue economy sectors;

(b)  a description of the main actions envisaged and the corresponding financial means, including:

i.   the structural support to the fishery and aquaculture sector under Title II;

ii.   the compensation for additional costs referred to in Article 29d, including the list and quantities of fishery and aquaculture products and the level of compensation;

iii.   any other investment in the sustainable blue economy necessary to achieve a sustainable coastal development. [Am. 220]

Article 29d

Renewal of small-scale coastal fishing fleets and associated measures

Notwithstanding points (a) and (b) of Article 13 and Article 16, the EMFAF may support in the outermost regions:

(a)  the renewal of small-scale coastal fishing fleets, including the construction and acquisition of new vessels, for the applicants who, five years prior to the date of applying for the aid have their main place of registration in the outermost region where the new vessel will be registered, which land all their catches in ports in the outermost regions, so as to improve human safety, comply with Union and national rules on hygiene, health and working conditions on board, fight IUU fishing and achieve greater environmental efficiency. The vessel acquired with aid shall remain registered in the outermost region for at least 15 years from the date of granting the aid. If that condition is not complied with, the aid shall be reimbursed in an amount that is proportionate, having regard to the nature, gravity, duration and repetition of the non-compliance. That fishing fleet renewal shall remain within the limits of authorised capacity ceilings, and shall comply with the CFP objectives;

(b)  the replacement or modernisation of a main or ancillary engine. The power of the new engine or the modernised engine may exceed the current engine's power in the event of a duly justified need for increased power for reasons of safety at sea, without increasing the ability of the fishing vessel concerned to catch fish;

(c)  the partial renovation of the structural wooden hull of a fishing vessel, when this is necessary for reasons of improvement of maritime safety, according to objective technical criteria of the naval architecture;

(d)  the construction and modernisation of ports, port infrastructures, landing sites, auction halls, shipyards and shipbuilding and repair workshops, when infrastructure contributes to sustainable fishing. [Am. 287]

Article 21 29e

Compensation for additional costs in the outermost regions for fishery and aquaculture products

1.  The EMFF EMFAF may support the compensation of additional costs incurred by beneficiaries in the fishing, farming, processing and marketing of certain fishery and aquaculture products from the outermost regions referred to in Article 6(2) 29 b(1).

1a.  The compensation shall be proportionate to the additional costs it intends to off-set. The level of compensation in respect of the additional costs shall be duly justified in the compensation plan. However, the compensation shall not in any event exceed 100 % of the expenditure incurred.

2.  Each Member State concerned shall determine, in line with the criteria laid down in accordance with paragraph 7, for the regions referred to in paragraph 1, the list of fishery and aquaculture products and the quantity of those products eligible for compensation.

3.  When establishing the list and the quantities referred to in paragraph 2, Member States shall take into account all relevant factors, in particular the need to ensure that the compensation is compatible with the rules of the CFP.

4.  The compensation shall not be granted for fishery and aquaculture products:

(a)  caught by third country vessels, with the exception of fishing vessels which fly the flag of Venezuela and operate in Union waters, in accordance with Council Decision (EU) 2015/1565(46);

(b)  caught by Union fishing vessels that are not registered in a port of one of the regions referred to in paragraph 1;

(ba)   caught by Union fishing vessels registered in the port of one of the regions referred to in paragraph 1 but not operating or involved in that region;

(c)  imported from third countries.

5.  Point (b) of paragraph 4 shall not apply if the existing capacity of the processing industry in the outermost region concerned exceeds the quantity of raw material supplied.

6.  The compensation paid to the beneficiaries carrying out activities referred to in paragraph 1 in the outermost regions or owning a vessel registered in a port of these regions and operating there shall, in order to avoid overcompensation, take into account:

(a)  for each fishery or aquaculture product or category of products, the additional costs resulting from the specific handicaps of the regions concerned; and

(b)  any other type of public intervention affecting the level of additional costs.

7.  The Commission shall be empowered to adopt delegated acts, in accordance with Article 52, laying down the criteria for the calculation of the additional costs resulting from the specific handicaps of the regions concerned and approving the methodological framework for the payment of the compensation aid. [Am. 165]

Article 29f

State aid

1.   For the fishery and aquaculture products, listed in Annex I to the TFEU, to which Articles 107, 108 and 109 thereof apply, the Commission may authorise, in accordance with Article 108 TFEU, operating aid in the outermost regions referred to in Article 349 TFEU within the sectors producing, processing and marketing fishery and aquaculture products, with a view to alleviating the specific constraints in those regions as a result of their isolation, insularity and extreme remoteness.

2.   Member States may grant additional financing for the implementation of the compensation plans referred to in Article 29d. In such cases, Member States shall notify the Commission of the State aid which the Commission may approve in accordance with this Regulation as part of those plans. State aid thus notified shall be regarded as notified within the meaning of the first sentence of Article 108(3) TFEU. [Am. 222]

Article 29g

Review – POSEI

The Commission shall present a report on the implementation of the provisions of this Chapter by 31 December 2023 and, if necessary, adopt appropriate proposals. The Commission shall evaluate the possibility to create a Programme of Options Specifically Relating to Remoteness and Insularity (POSEI) for maritime and fisheries issues. [Am. 223]

CHAPTER VI

Rules for implementation under shared management

Section 1

Support from the EMFF EMFAF

Article 30

Calculation of additional costs or income foregone

Support granted on the basis of additional costs or income foregone shall be granted under any of the forms referred to in points (a), (c), (d) and (e) of Article 46 of Regulation (EU) No [Regulation laying down Common Provisions].

Article 31

Determination of co-financing rates

The maximum EMFF EMFAF co-financing rate per area of support is set out in Annex II.

Article 32

Intensity of public aid

1.  Member States shall apply a maximum aid intensity rate of 50 % of the total eligible expenditure of the operation.

2.  By way of derogation from paragraph 1, specific maximum aid intensity rates for certain areas of support and certain types of operations are set out in Annex III.

3.  Where one operation falls under several of the rows 2 to 16 of Annex III, the highest maximum aid intensity rate shall apply.

4.  Where one operation falls under one or several of the rows 2 to 16 of Annex III and at the same time under row 1 of that Annex, the maximum aid intensity rate to in row 1 shall apply.

Article 32a

Maritime policy and development of a sustainable blue economy

The EMFAF shall support the implementation of the integrated maritime policy and the growth of the sustainable blue economy through the development of regional platforms for funding innovative projects. [Am. 224]

Section 2

financial management

Article 33

Interruption of the payment deadline

1.  In accordance with Article 90(4) of Regulation (EU) No [Regulation laying down Common Provisions], the Commission may interrupt the payment deadline for all or part of a payment application in the case of evidence of proving the non-compliance by a Member State with the rules applicable under the CFP or relevant Union environmental law, if the non-compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested. [Am. 225]

2.  Prior to the interruption referred to in paragraph 1, the Commission shall inform the Member State concerned about the evidence of non-compliance and give it the opportunity to present observations within a reasonable period of time.

3.  The interruption referred to in paragraph 1 shall be proportionate, having regard to the nature, gravity, duration and repetition of the non- compliance.

4.  The Commission shall be empowered to adopt delegated acts, in accordance with Article 52, defining the cases of non-compliance referred to in paragraph 1.

Article 34

Suspension of payments

1.  In accordance with Article 91(3) of Regulation (EU) No [Regulation laying down Common Provisions], the Commission may adopt implementing acts suspending all or part of the interim payments under the programme in the case of serious non-compliance by a Member State with the rules applicable under the CFP or relevant Union environmental law, if the serious non-compliance is liable to affect the expenditure contained in a payment application for which the interim payment is requested. [Am. 226]

2.  Prior to the suspension referred to in paragraph 1, the Commission shall inform the Member State that the Commission considers that there is a case of serious non-compliance with the rules applicable under the CFP and give it opportunity to present observations within a reasonable period of time.

3.  The suspension referred to in paragraph 1 shall be proportionate, having regard to the nature, gravity, duration and repetition of the serious non-compliance.

4.  The Commission shall be empowered to adopt delegated acts, in accordance with Article 52, defining the cases of serious non-compliance referred to in paragraph 1.

Article 35

Financial corrections by Member States

1.  In accordance with Article 97(4) of Regulation (EU) No [Regulation laying down Common Provisions], Member States shall apply financial corrections in case of the non-respect of the obligations referred to in Article 12(2) of this Regulation.

2.  In the cases of the financial corrections referred to in paragraph 1, Member States shall determine the amount of the correction, which shall be proportionate, having regard to the nature, gravity, duration and repetition of the infringement or offence by the beneficiary and the importance of the EMFF EMFAF contribution to the economic activity of the beneficiary.

Article 36

Financial corrections by the Commission

1.  In accordance with Article 98(5) of Regulation (EU) No [Regulation laying down Common Provisions], the Commission shall adopt implementing acts making financial corrections by cancelling all or part of the Union contribution to a programme if, after carrying out the necessary examination, it concludes that:

(a)  expenditure contained in a payment application is affected by cases in which the beneficiary does not respect the obligations referred to in Article 12(2) and has not been corrected by the Member State prior to the opening of the correction procedure under this paragraph;

(b)  expenditure contained in a payment application is affected by cases of serious non-compliance with the rules of the CFP or relevant Union environmental law by the Member State which have resulted in the suspension of payment under Article 34 and the Member State concerned still fails to demonstrate that it has taken the necessary remedial action to ensure compliance with and the enforcement of applicable rules in the future. [Am. 227]

2.  The Commission shall decide on the amount of the correction taking into account the nature, gravity, duration and repetition of the serious non-compliance by the Member State or beneficiary with the rules of the CFP or relevant Union environmental law and the importance of the EMFF EMFAF contribution to the economic activity of the beneficiary concerned. [Am. 228]

3.  Where it is not possible to quantify precisely the amount of expenditure linked to non-compliance with the rules of the CFP or relevant Union environmental law by the Member State, the Commission shall apply a flat rate or extrapolated financial correction in accordance with paragraph 4. [Am. 229]

4.  The Commission shall be empowered to adopt delegated acts, in accordance with Article 52, determining the criteria for establishing the level of financial correction to be applied and the criteria for applying flat rates or extrapolated financial corrections.

Section 3

Monitoring and reporting

Article 37

Monitoring and evaluation framework

1.  Indicators to report on progress of the EMFF EMFAF towards the achievement of the priorities referred to in Article 4 are set out in Annex I.

2.  To ensure effective assessment of progress of the EMFF EMFAF towards the achievement of its priorities, the Commission shall be empowered to adopt delegated acts, in accordance with Article 52, to amend Annex I 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.

Article 38

Annual performance report

1.  In accordance with Article 36(6) of Regulation (EU) No [Regulation laying down Common Provisions], each Member State shall submit to the Commission an annual performance report no later than one month before the annual review meeting. The first report shall be submitted in 2023 and the last report in 2029.

2.  The report referred to in paragraph 1 shall describe the progress in programme implementation and in achieving the milestones and targets referred to in Article 12 of Regulation (EU) No [Regulation laying down Common Provisions]. It shall also describe any issues that affect the performance of the programme and the measures taken to address those issues.

3.  The report referred to in paragraph 1 shall be examined during the annual review meeting, in accordance with Article 36 of Regulation (EU) No [Regulation laying down Common Provisions].

3a.  Each Member State shall publish the report referred to in paragraph 1 in both the original language and in one of the working languages of the European Commission. [Am. 230]

3b.  The report referred to in paragraph 1 shall be routinely published on the website of the European Commission. [Am. 231]

3c.  Each Member State and the Commission shall publish reports on best practices on their respective websites. [Am. 232]

4.  The Commission shall adopt implementing acts laying down rules for the presentation of the report referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 53(2).

4a.  The Commission shall publish all relevant documents related to the adoption of the implementing acts referred to in paragraph 7. [Am. 233]

TITLE III

SUPPORT UNDER DIRECT AND INDIRECT MANAGEMENT

Article 39

Geographical scope

By way of derogation from Article 2, this Title may also be granted to operations carried out outside the territory of the Union, with the exception of technical assistance.

CHAPTER I

Priority 1: Fostering sustainable fisheries and the conservation of marine biological resources

Article 40

Implementation of the CFP

The EMFF EMFAF shall support the implementation of the CFP through:

(a)  the provision of scientific advice and knowledge for the purpose of promoting sound and efficient fisheries management decisions under the CFP, including through the participation of experts in scientific bodies;

(aa)   involvement of the funds of the Horizon Europe research and development programme as much as possible to support and encourage research and development and innovation activities in the fisheries and aquaculture sector; [Am. 234]

(b)  the development and implementation of a Union fisheries control system as provided for in Article 36 of Regulation (EU) No 1380/2013 and further specified in Regulation (EC) No 1224/2009;

(c)  the functioning of Advisory Councils established in accordance with Article 43 of Regulation (EU) No 1380/2013, which have an objective forming part of, and supporting, the CFP;

(d)  voluntary contributions to the activities of international organisations dealing with fisheries, in accordance with Article 29 and Article 30 of Regulation (EU) No 1380/2013.

Article 41

Promotion of clean and healthy seas

1.  The EMFF EMFAF shall support the promotion of clean and healthy seas, including through actions to support the implementation of Directive 2008/56/EC and actions to ensure coherence with the achievement of good environmental status pursuant to Article 2(5)(j) of Regulation (EU) No 1380/2013, and the implementation of the European strategy for plastics in a circular economy.

2.  The support referred to in paragraph 1 shall be coherent with the Union environmental legislation, in particular with the objective of achieving or maintaining a good environmental status as set out in Article 1(1) of Directive 2008/56/EC.

CHAPTER II

Priority 2: Contributing to food security in the Union through competitive and sustainable fisheries, aquaculture and markets [Am. 235]

Article 42

Market intelligence

The EMFF EMFAF shall support the development and dissemination of market intelligence for fishery and aquaculture products by the Commission in accordance with Article 42 of Regulation (EU) No 1379/2013, namely by the creation of an Aquaculture Statistical Information Network (ASIN-RISA). [Am. 236]

CHAPTER III

Priority 3: Enabling the growth of appropriate conditions for a sustainable blue economy and fostering a healthy marine environment for prosperous coastal communities [Am. 237]

Article 43

Maritime policy and development of a sustainable blue economy that develops within ecological limits at sea and in freshwater [Am. 238]

The EMFF EMFAF shall support the implementation of the maritime policy and the development of a sustainable blue economy through: [Am. 239]

(a)  the promotion of a sustainable, low carbon and climate resilient blue economy that ensures human and environmental well-being that develops within ecological limits at sea and in freshwater; [Am. 240]

(aa)   the restoration, protection and maintenance of the diversity, productivity, resilience and intrinsic value of marine systems; [Am. 241]

(b)  the promotion of an integrated governance and management of the maritime policy, including through maritime spatial planning, sea basin strategies and, maritime regional cooperation, Union macro-regional strategies and cross-border cooperation; [Am. 242]

(ba)   the promotion of responsible production and consumption, clean technologies, renewable energy and circular material flows; [Am. 243]

(c)  the enhancement of the transfer and uptake of research, innovation and technology in the sustainable blue economy, including the European marine observation and data network (EMODnet) as well as in other data networks covering freshwater, to ensure that the technology and efficiency gains are not outweighed by growth, that the focus is on sustainable economic activities that meet the needs of current and future generations, and that the necessary tools and capacities for the transition towards a circular economy are developed in line with the Union strategy for plastics in a circular economy; [Am. 244]

(d)  the improvement of maritime skills, ocean and freshwater literacy and sharing of socio-economic and environmental data on the sustainable blue economy; [Am. 245]

(e)  the development of project pipelines and innovative financing instruments;

(ea)  the support to actions for the protection and restoration of marine and coastal biodiversity and ecosystems providing compensations to fishers for the collection of lost fishing gears and marine litter from the sea. [Am. 246]

Article 43a

Investment decisions in the blue economy

Investment decisions under the sustainable blue economy shall be underpinned by the best available scientific advice so as to avoid harmful effects on the environment that might jeopardise long-term sustainability. Where adequate knowledge or information does not exist, the precautionary approach shall be applied in both the public and private sectors, as actions with potentially harmful effects might be taken. [Am. 247]

CHAPTER IV

Priority 4: Strengthening international ocean governance and enabling safe, secure, clean and sustainably managed seas and oceans

Article 44

Maritime security and surveillance

The EMFF EMFAF shall support the promotion of maritime security and surveillance, including through data sharing, coastguard and agencies cooperation and fight against criminal and illegal activities at sea.

Article 45

International ocean governance

The EMFF EMFAF shall support the implementation of the international ocean governance policy through:

(a)  voluntary contributions to international organisations active in the field of ocean governance;

(b)  voluntary cooperation with and coordination among international fora, organisations, bodies and institutions in the context of the United Nations Convention on the Law of the Sea, the 2030 Agenda for Sustainable Development and other relevant international agreements, arrangements and partnerships;

(c)  the implementation of ocean partnerships between the Union and relevant ocean actors;

(d)  the implementation of relevant international agreements, arrangements and instruments that aim to promote better ocean governance, as well as the development of actions, measures, tools and knowledge that enable safe, secure, clean and sustainably managed oceans;

(e)  the implementation of relevant international agreements, measures and tools to prevent, deter and eliminate illegal, unreported and unregulated IUU fishing and measures and tool to minimise the impact on the marine environment, in particular incidental catches of seabirds, marine mammals and sea turtles; [Am. 248]

(f)  international cooperation on and development of ocean research and data.

Article 45a

Cleaning up oceans

The EMFAF shall support measures taken to rid seas and oceans of all types of waste, including, as a matter of priority, plastics, 'plastic continents' and hazardous or radioactive waste. [Ams. 249 and 300]

CHAPTER V

Rules for implementation under direct and indirect management

Article 46

Forms of Union funding

1.  The EMFF EMFAF may provide funding in any of the forms laid down in Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union], in particular procurement pursuant to Title VII of that Regulation and grants pursuant to Title VIII of that Regulation. It may also provide financing in the form of financial instruments within blending operations, as referred to in Article 47.

2.  The evaluation of grant proposals may be carried out by independent experts.

2a.  Payment procedures related to this Regulation shall be accelerated in order to reduce economic burdens on fishermen. The Commission shall evaluate the current performance to improve and accelerate the payments process. [Am. 250]

Article 47

Blending operations

Blending operations under the EMFF EMFAF shall be implemented in accordance with Regulation (EU) No [Regulation on InvestEU] and Title X of Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union]. In the four months following publication of this Regulation in the Official Journal, the Commission shall present a set of detailed guidelines to Member States for implementing blending operations in national operational programmes in accordance with the EMFAF while giving particular attention to blending operations carried out by local actors in local development. [Am. 251]

Article 48

Evaluation

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

2.  The interim evaluation of the support under Title III shall be performed once there is sufficient information available about the implementation, but not later than four years after the start of the implementation of the support. This evaluation shall take the form of a report by the Commission and provide detailed assessment of all specific aspects of the implementation. [Am. 252]

3.  At the end of the implementation period, but no later than four years after it, a final evaluation report on the support under Title III shall be prepared by the Commission.

4.  The Commission shall communicate the conclusion of the evaluations, accompanied by its observations, reports referred to in paragraphs 2 and 3 to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. [Am. 253]

4a.  As appropriate, the Commission may propose amendments to this Regulation on the basis of the report referred to in paragraph 2. [Am. 254]

Article 49

Audits

Audits on the use of the Union contribution carried out by persons or entities, including by other than those mandated by the Union institutions or bodies, shall form the basis of the overall assurance pursuant to Article 127 of Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union].

Article 50

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.

2.  The Commission shall implement information and communication actions relating to the EMFF EMFAF, and its actions and results. Financial resources allocated to the EMFF EMFAF shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the priorities referred to in Article 4.

Article 51

Eligible entities

1.  The eligibility criteria set out in paragraphs 2 to 3 shall apply in addition to the criteria set out in Article 197 of Regulation (EU) No [Regulation on the financial rules applicable to the general budget of the Union].

2.  The following entities are eligible:

(a)  legal entities established in a Member State, in an overseas country or territory or in a third country listed in the work programme under the conditions specified in paragraphs 3 and 4; [Am. 255]

(b)  any legal entity created under Union law, including professional organisations or any international organisation. [Am. 256]

3.  Legal entities established in a third country 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.

TITLE IV

PROCEDURAL PROVISIONS

Article 52

Exercise of 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 12, 17, 21, 33, 34, 36, 37 and 55 shall be conferred until 31 December 2027.

3.  The delegation of power referred to in Articles 12, 17, 21, 33, 34, 36, 37 and 55 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 powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

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

5.  A delegated act adopted pursuant to Articles 12, 17, 21, 33, 34, 36, 37 or 55 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 the Council.

Article 53

Committee procedure

1.  The Commission shall be assisted by a Committee for the European Maritime, and Fisheries and Aquaculture Fund. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council(47).

2.  Where reference is made to this paragraph, Article 4 5 of Regulation (EU) No 182/2011 shall apply. [Am. 257]

TITLE V

FINAL PROVISIONS

Article 54

Repeal

1.  Regulation (EU) No 508/2014 is repealed with effect from 1 January 2021.

2.  References to the repealed Regulation shall be construed as references to this Regulation.

Article 55

Transitional provisions

1.  In order to facilitate the transition from the support scheme established by Regulation (EU) No 508/2014 to the scheme established by this Regulation, the Commission shall be empowered to adopt delegated acts, in accordance with Article 52, laying down the conditions under which support approved by the Commission under Regulation (EU) No 508/2014 may be integrated into support provided for under this Regulation.

2.  This Regulation shall not affect the continuation or modification of the actions concerned, until their closure, under Regulation (EU) No 508/2014, which shall continue to apply to the actions concerned until their closure.

3.  Applications made under Regulation (EU) No 508/2014 shall remain valid.

Article 56

Entry into force and date of application

This Regulation shall enter into force 20 days following that of its publication in the Official Journal of the European Union.

This Regulation shall apply from 1 January 2021.

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

COMMON INDICATORS

PRIORITY

INDICATOR

Fostering sustainable fisheries and the conservation of marine biological resources

Evolution of volume of landings stemming from stocks assessed at MSY

Evolution in profitability of the Union fishing fleet and employment [Am. 260]

Surface (ha) of Degree of compliance with the environmental objectives established by the Action Plan for the Protection of the Marine Environment in line with the Marine Strategy Framework Directive or, in the absence thereof, significant positive results in Natura 2000 sites, and other MPAs under the MSFD, covered by protection, maintenance and restoration measures [Am. 261]

Percentage of fishing vessels equipped with electronic position and catch reporting device

Contributing to food security in the Union through competitive and sustainable fisheries, aquaculture and markets [Am. 258]

Evolution in the value and volume of aquaculture production in the Union

Evolution in profitability of the Union fishing fleets and employment [Am. 262]

Evolution in the value and volume of landings

Enabling the growth of a sustainable blue economy and fostering prosperous coastal and island communities [Am. 259]

Evolution of GDP in maritime NUTS 3 regions

Evolution in the number of jobs (in FTE) in the sustainable blue economy

Strengthening international ocean governance and enabling safe, secure, clean and sustainably managed seas and oceans

Number of shared operations contributing to the European cooperation on coastguard functions

ANNEX II

AREAS OF SUPPORT UNDER SHARED MANAGEMENT

PRIORITY

AREA OF SUPPORT

TYPE OF AREA OF SUPPORT (nomenclature to be used in the financing plan)

MAXIMUM CO-FINANCING RATE

(% of the eligible public expenditure)

1

Article 14(1)

Achievement of the environmental, economic, social and employment objectives of the CFP

1.1

75 %

1

Article 16

Investments in small-scale coastal fishing vessels

1.1

75% 85 % [Am. 263]

1

Article 17(1)

Management of fisheries and fishing fleets

1.1

75 %

1

Article 17(2)

Permanent cessation of fishing activities

1.2

50 %

1

Article 18

Extraordinary cessation of fishing activities

1.2

50 %

1

Article 19

Control and enforcement

1.3

85 %

1

Article 20

Collection and processing of data for fisheries management and scientific purposes

1.3

85 %

1

Article 21

Compensation for additional costs in the outermost regions for fishery and aquaculture products

1.4

100 %

1

Article 22

Protection and restoration of marine biodiversity and ecosystems

1.5

85 %

2

Article 23

Aquaculture

2.1

75% 85 %

2

Fisheries

2.1

75 % [Am. 264]

2

Article 23a

Aquaculture Statistical Information Network

X

75 % [Am. 265]

2 3

Article 24

Marketing of fishery and aquaculture products

2.1 3.1

75 % [Am. 266]

2 3

Article 25

Processing of fishery and aquaculture products

2.1 3.1

75 % [Am. 267]

3

Article 26

Community-led local development

3.1

75 %

3

Article 27

Marine knowledge

3.1

75 %

4

Article 28

Maritime surveillance

4.1

75 %

4

Article 29

Coastguard cooperation

4.1

75 %

 

Technical assistance

5.1

75 %

ANNEX III

SPECIFIC MAXIMUM AID INTENSITY RATES UNDER SHARED MANAGEMENT

ROW NUMBER

AREA OF SUPPORT OR TYPE OF OPERATION

MAXIMUM AID INTENSITY RATE

1

Article 16

Investments in small-scale coastal fishing vessels

30% 55 % [Am. 268]

2

Operations contributing to the implementation of the landing obligation referred to in Article 15 of Regulation (EU) No 1380/2013:

—  operations improving size selectivity or species selectivity of fishing gears;

—  operations improving the infrastructure of fishing ports, auction halls, landing sites and shelters in order to facilitate the landing and storage of unwanted catches;

—  operations facilitating the marketing of unwanted catches landed from commercial stocks in accordance with Article 8(2)(b) of Regulation (EU) No 1379/2013.

75 %

3

Operations improving the health, safety and working conditions on board fishing vessels

75 %

4

Operations located in the outermost regions

85 %

5

Operations located in the remote Irish Islands, Greek Islands and in the Croatian islands of Dugi Otok, Vis, Mljet and Lastovo [Am. 269]

85 %

6

Article 19

Control and enforcement

85 %

7

Operations related to small-scale coastal fishing (including for control and enforcement)

100 %

8

Where the beneficiary is a public law body or an undertaking entrusted with the operation of services of general economic interest as referred to in Article 106(2) of the Treaty, where support is granted for the operation of such services

100 %

9

Article 17(2)

Permanent cessation of fishing activities

100 %

10

Article 18

Extraordinary cessation of fishing activities

100 %

11

Article 20

Collection and processing of data for fisheries management and scientific purposes

100 %

12

Article 21

Compensation for additional costs in the outermost regions for fishery and aquaculture products

100 %

13

Article 27

Marine knowledge

100 %

14

Article 28

Maritime surveillance

100 %

15

Article 29

Coastguard cooperation

100 %

16

Operations related to the design, development, monitoring, evaluation or management of transparent systems for exchanging fishing opportunities between Member States, in accordance with Article 16(8) of Regulation (EU) No 1380/2013

100 %

16a

Operations carried out by beneficiaries of collective projects

60 % [Am. 270]

16b

Operations carried out by an inter-branch organisation, a producer organisation or an association of producer organisations

75 % [Am. 271]

ANNEX IV

COEFFICIENTS FOR CALCULATING AMOUNTS OF SUPPORT FOR ENVIRONMENT-RELATED AND CLIMATE CHANGE OBJECTIVES

* A Member State may propose in its programme that a coefficient of 40 % be assigned to an area of support marked with * in the table, provided it can demonstrate the relevance of that area of support to climate change mitigation or adaptation, or to environment-related objectives, as appropriate.

ANNEX V

GLOBAL RESOURCES BY MEMBER STATE FOR THE EUROPEAN MARITIME, AND FISHERIES AND AQUACULTURE FUND FOR THE PERIOD 2021 TO 2027

 

2021

2022

2023

2024

2025

2026

2027

TOTAL

BE

5 420 528

5 528 939

5 639 520

5 752 311

5 867 358

5 984 701

6 072 814

40 266 171

BG

11 435 037

11 663 737

11 897 017

12 134 959

12 377 660

12 625 203

12 811 085

84 944 698

CZ

4 039 229

4 120 014

4 202 416

4 286 465

4 372 195

4 459 635

4 525 295

30 005 249

DK

27 053 971

27 595 050

28 146 963

28 709 906

29 284 109

29 869 767

30 309 543

200 969 309

DE

28 513 544

29 083 814

29 665 502

30 258 817

30 863 998

31 481 253

31 944 754

211 811 682

EE

13 110 534

13 372 744

13 640 205

13 913 011

14 191 273

14 475 087

14 688 206

97 391 060

IE

19 165 423

19 548 731

19 939 714

20 338 511

20 745 284

21 160 173

21 471 716

142 369 552

EL

50 480 983

51 490 602

52 520 436

53 570 852

54 642 278

55 735 079

56 555 673

374 995 903

ES

150 831 009

153 847 625

156 924 643

160 063 158

163 264 447

166 529 604

168 981 438

1 120 441 924

FR

76 346 460

77 873 387

79 430 888

81 019 517

82 639 920

84 292 652

85 533 702

567 136 526

HR

32 804 523

33 460 613

34 129 839

34 812 441

35 508 695

36 218 841

36 752 095

243 687 047

IT

69 761 016

71 156 235

72 579 390

74 030 988

75 511 619

77 021 791

78 155 791

518 216 830

CY

5 156 833

5 259 970

5 365 171

5 472 475

5 581 926

5 693 560

5 777 387

38 307 322

LV

18 156 754

18 519 888

18 890 294

19 268 103

19 653 468

20 046 521

20 341 668

134 876 696

LT

8 236 376

8 401 103

8 569 129

8 740 512

8 915 324

9 093 623

9 227 510

61 183 577

LU

—  

—  

—  

—  

—  

—  

—  

—  

HU

5 076 470

5 177 999

5 281 561

5 387 193

5 494 938

5 604 832

5 687 353

37 710 346

MT

2 938 064

2 996 826

3 056 763

3 117 899

3 180 258

3 243 860

3 291 620

21 825 290

NL

13 182 316

13 445 962

13 714 887

13 989 186

14 268 972

14 554 340

14 768 625

97 924 288

AT

904 373

922 460

940 910

959 728

978 923

998 500

1 013 200

6 718 094

PL

68 976 348

70 355 873

71 763 020

73 198 291

74 662 268

76 155 454

77 276 699

512 387 953

PT

50 962 391

51 981 638

53 021 293

54 081 726

55 163 369

56 266 592

57 095 013

378 572 022

RO

21 868 723

22 306 097

22 752 228

23 207 276

23 671 425

24 144 835

24 500 321

162 450 905

SI

3 221 347

3 285 774

3 351 490

3 418 521

3 486 892

3 556 627

3 608 990

23 929 641

SK

2 049 608

2 090 600

2 132 413

2 175 061

2 218 563

2 262 933

2 296 250

15 225 428

FI

9 659 603

9 852 795

10 049 855

10 250 853

10 455 872

10 664 981

10 822 003

71 755 962

SE

15 601 692

15 913 725

16 232 007

16 556 649

16 887 785

17 225 527

17 479 140

115 896 525

TOTAL

714 953 155

729 252 201

743 837 554

758 714 409

773 888 819

789 365 971

800 987 891

5 311 000 000

(1) OJ C 110, 22.3.2019, p. 104.
(2) OJ C 361, 5.10.2018, p. 9.
(3)OJ C 110, 22.3.2019, p. 104.
(4)OJ C 361, 5.10.2018, p. 9.
(5) Position of the European Parliament of 4 April 2019.
(6)OJ C […], […], p. […].
(7)OJ C […], […], p. […].
(8)OJ C […], […], p. […].
(9)OJ C […], […], p. […].
(10)Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
(11)Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1).
(12)Regulation (EU) 2017/1004 of the European Parliament and of the Council of 17 May 2017 on the establishment of a Union framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the common fisheries policy and repealing Council Regulation (EC) No 199/2008 (OJ L 157, 20.6.2017, p. 1).
(13)COM(2017) 623
(14) Regulation (EU) No 508/2014 of the European Parliament and of the Council of 15 May 2014 on the European Maritime and Fisheries Fund and repealing Council Regulations (EC) No 2328/2003, (EC) No 861/2006, (EC) No 1198/2006 and (EC) No 791/2007 and Regulation (EU) No 1255/2011 of the European Parliament and of the Council (OJ L 149, 20.5.2014, p. 1).
(15)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 (OJ L 164, 25.6.2008, p. 19).
(16)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).
(17)Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
(18) 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).
(19)COM(2018)0028.
(20)Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000 (OJ L 354, 28.12.2013, p. 1).
(21) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).
(22)Council Decision 98/392/EC of 23 March 1998 concerning the conclusion by the European Community of the United Nations Convention of 10 December 1982 on the Law of the Sea and the Agreement of 28 July 1994 relating to the implementation of Part XI thereof (OJ L 179, 23.6.1998, p. 1).
(23)JOIN(2016)0049.
(24)Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission of 13 April 2016 on Better Law-Making (OJ L 123, 12.5.2016, p. 1).
(25)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 L 248, 18.9.2013, p. 1).
(26)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).
(27)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).
(28)Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor's Office (OJ L 283, 31.10.2017, p. 1).
(29)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).
(30)Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(31)Council Regulation (EC) No 1967/2006 of 21 December 2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, amending Regulation (EEC) No 2847/93 and repealing Regulation (EC) No 1626/94 (OJ L 409, 30.12.2006, p. 11).
(32)OJ C […], […], p. […].
(33)Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ L 286, 29.10.2008, p. 1).
(34)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).
(35)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).
(36)Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health ('Animal Health Law') (OJ L 84, 31.03.2016, p. 1).
(37)Regulation (EU) No 652/2014 of the European Parliament and of the Council of 15 May 2014 laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material, amending Council Directives 98/56/EC, 2000/29/EC and 2008/90/EC, Regulations (EC) No 178/2002, (EC) No 882/2004 and (EC) No 396/2005 of the European Parliament and of the Council, Directive 2009/128/EC of the European Parliament and of the Council and Regulation (EC) No 1107/2009 of the European Parliament and of the Council and repealing Council Decisions 66/399/EEC, 76/894/EEC and 2009/470/EC (OJ L 189, 27.6.2014, p. 1).
(38) Commission Regulation (EC) No 665/2008 of 14 July 2008 laying down detailed rules for the application of Council Regulation (EC) No 199/2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy (OJ L 186, 15.7.2008, p. 3).
(39) Commission Decision 2010/93/EU of 18 December 2009 adopting a multiannual Community programme for the collection, management and use of data in the fisheries sector for the period 2011-2013 (notified under document C(2009) 10121) (OJ L 41, 16.2.2010, p. 8).
(40) Commission Implementing Decision (EU) 2016/1251 of 12 July 2016 adopting a multiannual Union programme for the collection, management and use of data in the fisheries and aquaculture sectors for the period 2017-2019 (OJ L 207, 1.8.2016, p. 113).
(41)Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning (OJ L 257, 28.8.2014, p. 135).
(42)Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision 2005/267/EC (OJ L 251, 16.9.2016, p. 1).
(43)Regulation (EU) 2016/1625 of the European Parliament and of the Council of 14 September 2016 amending Regulation (EC) No 1406/2002 establishing a European Maritime Safety Agency (OJ L 251, 16.9.2016, p. 77).
(44)Regulation (EU) 2016/1626 of the European Parliament and of the Council of 14 September 2016 amending Council Regulation (EC) No 768/2005 establishing a Community Fisheries Control Agency (OJ L 251, 16.9.2016, p. 80).
(45) These figures will need to be adapted according to the agreed figures in Article 5(1).
(46)Council Decision (EU) 2015/1565 of 14 September 2015 on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana (OJ L 244, 14.9.2015, p. 55).
(47)Regulation (EU) 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).


Multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea ***I
PDF 127kWORD 49k
Resolution
Text
Annex
European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council establishing a multi-annual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea (COM(2018)0115 – C8-0104/2018 – 2018/0050(COD))
P8_TA(2019)0344A8-0005/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0115),

–  having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0104/2018),

–  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 11 July 2018(1),

–  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 14 February 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 Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Fisheries and the position in the form of amendments of the Committee on the Environment, Public Health and Food Safety (A8-0005/2019),

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

2.  Approves the joint statement by Parliament and the Council annexed to this resolution, which will be published in the L series of the Official Journal of the European Union together with the final legislative act;

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 4 April 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council establishing a multiannual plan for the fisheries exploiting demersal stocks in the western Mediterranean Sea and amending Regulation (EU) No 508/2014

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/1022.)

ANNEX TO THE LEGISLATIVE RESOLUTION

Joint Statement by the European Parliament and the Council

The European Parliament and the Council intend to repeal the empowerments to adopt technical measures by means of delegated acts under Article 13 of this Regulation when they adopt a new regulation on technical measures which includes an empowerment covering the same measures.

(1) OJ C 367, 10.10.2018, p. 103.


Strengthening the security of identity cards and of residence documents issued to Union citizens ***I
PDF 124kWORD 46k
Resolution
Text
European Parliament legislative resolution of 4 April 2019 on the proposal for a Regulation of the European Parliament and of the Council on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement (COM(2018)0212 – C8-0153/2018 – 2018/0104(COD))
P8_TA(2019)0345A8-0436/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0212),

–  having regard to Article 294(2) and Article 21(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0153/2018),

–  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 11 July 2018(1),

–  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 27 February 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 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 in the form of amendments of the Committee on Women's Rights and Gender Equality (A8-0436/2018),

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 4 April 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/1157.)

(1) OJ C 367, 10.10.2018, p. 78.


Road infrastructure safety management ***I
PDF 120kWORD 47k
Resolution
Text
European Parliament legislative resolution of 4 April 2019 on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/96/EC on road infrastructure safety management (COM(2018)0274 – C8-0196/2018 – 2018/0129(COD))
P8_TA(2019)0346A8-0008/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0274),

–  having regard to Article 294(2) and Article 91(1)(c) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0196/2018),

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

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European 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 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 27 February 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 Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Transport and Tourism (A8-0008/2019),

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 4 April 2019 with a view to the adoption of Directive (EU) 2019/… of the European Parliament and of the Council amending Directive 2008/96/EC on road infrastructure safety management

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2019/1936.)

(1) OJ C 62, 15.2.2019, p. 261.
(2) OJ C 168, 16.5.2019, p. 81.


Pan-European Personal Pension Product (PEPP) ***I
PDF 119kWORD 53k
Resolution
Text
European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council on a Pan-European Personal Pension Product (PEPP) (COM(2017)0343 – C8-0219/2017 – 2017/0143(COD))
P8_TA(2019)0347A8-0278/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0343),

–  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 (C8‑0219/2017),

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

–  having regard to the opinion of the European Economic and Social Committee of 19 October 2017(1),

–  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 13 February 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 Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Employment and Social Affairs and the Committee on the Internal Market and Consumer Protection (A8-0278/2018),

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 4 April 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council on a pan-European Personal Pension Product (PEPP)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/1238.)

(1) OJ C 81, 2.3.2018, p. 139.


Work-life balance for parents and carers ***I
PDF 124kWORD 45k
Resolution
Text
European Parliament legislative resolution of 4 April 2019 on the proposal for a directive of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU (COM(2017)0253 – C8-0137/2017 – 2017/0085(COD))
P8_TA(2019)0348A8-0270/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0253),

–  having regard to Article 294(2), and Article 153(1)(i) and (2)(b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0137/2017),

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

–  having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Netherlands Senate, the Netherlands House of Representatives, the Polish Sejm and the Polish Senate, 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 6 December 2017(1),

–  having regard to the opinion of the Committee of the Regions of 30 November 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 18 February 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 Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Employment and Social Affairs and the opinions of the Committee on Women's Rights and Gender Equality and the Committee on Legal Affairs (A8-0270/2018),

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 4 April 2019 with a view to the adoption of Directive (EU) 2019/… of the European Parliament and of the Council on work-life balance for parents and carers and repealing Council Directive 2010/18/EU

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2019/1158.)

(1) OJ C 129, 11.4.2018, p. 44.
(2) OJ C 164, 8.5.2018, p. 62.


Protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States ***I
PDF 222kWORD 65k
Resolution
Consolidated text
European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States (COM(2018)0324 – C8-0178/2018 – 2018/0136(COD))
P8_TA(2019)0349A8-0469/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0324),

–  having regard to Article 294(2) and Article  322(1)(a) of the Treaty on the Functioning of the European Union and to Article 106a of the Treaty establishing the European Atomic Energy Community, pursuant to which the Commission submitted the proposal to Parliament (C8-0178/2018),

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

–  having regard to the opinion of the Court of Auditors of 17 August 2018(1),

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

–  having regard to the joint deliberations of the Committee on Budgets and the Committee on Budgetary Control under Rule 55 of the Rules of Procedure,

–  having regard to the report of the Committee on Budgets and the Committee on Budgetary Control and the opinions of the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Regional Development and the Committee on Constitutional Affairs (A8-0469/2018),

1.  Adopts its position at first reading hereinafter set out(2);

2.  Calls on the Commission to refer the matter to Parliament again if it 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 4 April 2019 with a view to the adoption of Regulation (EU) .../… of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States

P8_TC1-COD(2018)0136


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 322(1)(a) thereof,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

Having regard to the proposal from the European Commission,

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

Having regard to the opinion of the Court of Auditors(3),

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

Whereas:

(1)  The rule of law is one of the essential values upon which The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, enshrined in Article 2 of the Treaty on European Union (TEU) and in the criteria for Union membership. As recalled by Article 2 of the Treaty on European Union TEU, these those values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail. [Am. 1]

(1a)  Member States should uphold their obligations and set an example by genuinely fulfilling them and move towards a shared culture of the rule of law as a universal value to be applied by all concerned even-handedly. Full respect for and promotion of those principles is an essential prerequisite for the legitimacy of the European project as a whole and a basic condition for building citizens' trust in the Union and ensuring the effective implementation of its policies. [Am. 2]

(1b)  In accordance with Article 2, Article 3(1) and Article 7 TEU, the Union has the possibility to act in order to protect its constitutional core and the common values on which it was founded, including its budgetary principles. Member States, Union institutions, bodies, offices and agencies, and candidate countries are obliged to respect, protect and promote those principles and values, and they have a duty of sincere cooperation. [Am. 3]

(2)  The rule of law requires that all public powers act within the constraints set out by law, in accordance with the values of democracy respect for and fundamental rights, and under the control of independent and impartial courts. It requires, in particular, that the principles of legality(5), including a transparent, accountable and democratic process for enacting law, legal certainty(6), prohibition of arbitrariness of the executive powers(7), separation of powers(8), access to justice and effective judicial protection by before independent and impartial courts(9) are respected(10). Those principles are reflected inter alia at the level of the Venice Commission of the Council of Europe and also on the basis of the relevant case law of the European Court of Human Rights(11). [Am. 4]

(2a)  The accession criteria, or Copenhagen criteria, established by the Copenhagen European Council in 1993 and strengthened by the Madrid European Council in 1995, are the essential conditions that all candidate countries must satisfy to become a Member State. Those criteria include the stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities; a functioning market economy and the capacity to cope with competition and market forces; and the ability to meet the obligations of Union membership. [Am. 5]

(2b)  The failure of a candidate country to meet the required standards, values and democratic principles results in that country’s accession to the Union being delayed until it fully meets those standards. The obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere cooperation enshrined in Article 4 TEU. Member States should therefore be assessed on a regular basis in order to verify that their laws and practices continue to comply with those criteria and the common values on which the Union is founded, thereby providing a sound legal and administrative framework for the implementation of Union policies. [Am. 6]

(3)  While there is no hierarchy among Union values, respect for the rule of law is a prerequisite essential for the protection of the other fundamental values on which the Union is founded, such as freedom, democracy, equality and respect for human rights. Respect for the rule of law is intrinsically linked to respect for democracy and for fundamental rights: there can be no democracy and respect for fundamental rights without respect for the rule of law and vice versa. Coherence and consistency of internal and external democracy, rule of law and fundamental rights policy is key to the credibility of the Union. [Am. 7]

(4)  Whenever the Member States implement the Union’s budget, and whatever method of implementation they use, respect for the rule of law is an essential precondition to comply with the principles of sound financial management enshrined in Article 317 of the Treaty on the Functioning of the European Union.

(5)  Sound financial management can only be ensured by the Member States if public authorities act in accordance with the law, and if breaches thereof are effectively pursued by investigative and prosecution services, and if decisions of public authorities can be subject to effective judicial review by independent courts and by the Court of Justice of the European Union.

(6)  Judicial bodies Independence and impartiality of the judiciary should act independently and impartially always be guaranteed and investigation and prosecution services should be able to properly execute their function. They should be endowed with sufficient resources and procedures to act effectively and in full respect of the right to a fair trial. These conditions are required as a minimum guarantee against unlawful and arbitrary decisions by public authorities that could impair these fundamental principles and harm the financial interests of the Union. [Am. 8]

(7)  The independence of the judiciary presupposes, in particular, that the body concerned is able to exercise its judicial functions wholly autonomously, without being subject to any hierarchical constraint or subordinated to any other body, and without taking orders or instructions from any source whatsoever, and that it is thus protected against external interventions or pressure liable to impair the independent judgment of its members and to influence their decisions. The guarantees of independence and impartiality require rules, particularly as regards the composition of the body and the appointment, length of service and the grounds for rejection and dismissal of its members, in order to dismiss any reasonable doubt in the minds of individuals as to the imperviousness of that body to external factors and its neutrality with respect to the interests before it.

(7a)   The independence of the prosecution and the judiciary comprises both the formal (de jure) and actual (de facto) independence of the prosecution and the judiciary and the individual prosecutors and judges. [Am. 9]

(8)  Respect for the rule of law is not only important essential for citizens of the Union, but also for business initiatives, innovation, investment, economic, social and territorial cohesion and the proper functioning of the internal market, which will flourish most sustainably only where a solid legal and institutional framework is in place. [Am. 10]

(8a)  Integrating existing Union monitoring mechanisms, such as the Cooperation and Verification Mechanism, the Justice Scoreboard and the Anti-Corruption reports, into a broader rule of law monitoring framework could provide more efficient and effective control mechanisms for the protection of the financial interest of the Union. [Am. 11]

(8b)   Lack of transparency, arbitrary discrimination, distortion of competition and an uneven playing field within and outside the internal market, impact on the integrity of the single market and on the fairness, stability and legitimacy of the tax system, increased economic inequalities, unfair competition between states, social dissatisfaction, mistrust and democratic deficit are some of the negative effects of harmful tax practices. [Am. 12]

(9)  Article 19 TEU, which gives concrete expression to the value of the rule of law stated in Article 2 TEU, requires the Member States to provide effective judicial protection in the fields covered by Union law, including those relating to the implementation of the Union’s budget. The very existence of effective judicial review designed to ensure compliance with Union law is the essence of the rule of law and requires independent courts(12). Maintaining the independence of the courts is essential, as confirmed by the second subparagraph of Article 47 of the Charter of Fundamental Rights of the European Union(13). This is true, in particular, for the judicial review of the validity of the measures, contracts or other instruments giving rise to public expenditure or debts, inter alia in the context of public procurement procedures which may also be brought before the courts.

(10)  There is hence a clear relationship between respect for the rule of law and an efficient implementation of the Union budget in accordance with the principles of sound financial management.

(10a)  The Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of the principles and values laid down in the TEU, but there is currently no swift, effective response coming from the Union institutions, in particular to ensure sound financial management. The existing instruments should be enforced, evaluated and complemented in the framework of a rule of law mechanism to be adequate and effective. [Am. 13]

(11)  Generalised deficiencies in the Member States as regards the rule of law which affect in particular the proper functioning of public authorities and effective judicial review, can seriously harm the financial interests of the Union. Efficient investigations into such deficiencies, and the application of effective and proportionate measures when a generalised deficiency is established, are needed not only to secure the financial interests of the Union, including the effective collection of revenue, but also to ensure public trust in the Union and its institutions. Only an independent judiciary that upholds the rule of law and legal certainty in all Member States can ultimately guarantee that money from the Union budget is sufficiently protected. [Am. 14]

(11a)   The scale of tax evasion and avoidance is estimated by the Commission to be up to EUR 1 trillion a year. The negative impacts of such practices on the Member States' and Union budgets and on citizens are evident and could undermine trust in democracy. [Am. 15]

(11b)   Corporate tax avoidance has a direct impact on Member States’ and Union budgets and on the breakdown of the tax effort between categories of tax payers as well as between economic factors. [Am. 16]

(11c)   Member States should fully apply the principle of sincere cooperation in matters of tax competition. [Am. 17]

(11d)   The Commission, as the guardian of the Treaties, should ensure that Union law and the principle of sincere cooperation between Member States are fully complied with. [Am. 18]

(11e)   Assessing and monitoring Member States' tax policies at Union level would ensure that no new harmful tax measures are implemented in Member States. Monitoring compliance of Member States, their jurisdictions, regions or other administrative structures with the common Union list of non-cooperative jurisdictions would safeguard the single market and ensure its proper and coherent functioning. [Am. 19]

(12)  The identification of a generalised deficiency requires a thorough qualitative assessment by the Commission. That assessment could should be objective, impartial and transparent and be based on the information from all available relevant sources, taking into account the criteria used in the context of Union accession negotiations, in particular the chapters of the acquis on judiciary and fundamental rights, on justice, freedom and security, on financial control and on taxation, as well as the guidelines used in the context of the Cooperation and Verification Mechanism to track the progress of a Member State, and recognized from recognised institutions, including judgments of the Court of Justice of the European Union and the European Court of Human Rights, resolutions of the European Parliament, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations and networks, such as the bodies of the Council of Europe, and including in particular the Venice Commission’s Rule of Law Checklist, and of relevant international networks, such as the European networks of supreme courts and councils for the judiciary. [Am. 20]

(12a)  An advisory panel of independent experts in constitutional law and financial and budgetary matters should be established with the objective to assist the Commission in its assessment of generalised deficiencies. That panel should undertake an independent annual assessment of the issues as regards the rule of law in all Member States that affect or risk affecting the sound financial management or the protection of the financial interests of the Union, taking into account information from all relevant sources and recognised institutions. The Commission, when taking a decision about adopting or lifting of possible measures, should take relevant opinions expressed by that panel into account. [Am. 21]

(13)  The possible measures to be adopted in the event of generalised deficiencies and the procedure to be followed to adopt them should be determined. Those measures should include the suspension of payments and of commitments, a reduction of funding under existing commitments, and a prohibition to conclude new commitments with recipients. [Am. 22]

(14)  The principle of proportionality should apply when determining the measures to be adopted, in particular taking into account the seriousness of the situation, the time which has elapsed since the relevant conduct started, its duration and its recurrence, the intention, and the degree of cooperation of the Member State concerned in putting an end to the generalised deficiency as regards the rule of law, and the effects of that deficiency on the respective Union funds.

(14a)  It is essential that the legitimate interests of final recipients and beneficiaries are properly safeguarded when measures are adopted in the event of generalised deficiencies. When considering the adoption of measures, the Commission should take into account their potential impact on final recipients and beneficiaries. To strengthen the protection of the final recipients or beneficiaries, the Commission should provide information and guidance via a website or internet portal, together with adequate tools to inform the Commission about any breach of the legal obligation of government entities and Member States to continue making payments after measures on the basis of this Regulation are adopted. Where necessary, in order to ensure that any amount due by government entities or Member States is effectively paid to final recipients or beneficiaries, the Commission should be able to recover payments made to those entities, or, as appropriate, to make a financial correction by reducing support to a programme, and to transfer an equivalent amount to the Union reserve to be used for the benefit of final recipients or beneficiaries. [Am. 23]

(15)  In order to ensure uniform implementation of this Regulation and in view of the importance of the financial effects of measures being imposed pursuant to this Regulation, implementing powers should be conferred on the Council which should act on the basis of a Commission proposal. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, reversed qualified majority voting should be used. [Am. 24]

(15a)  In view of their effect on the Union budget, measures imposed pursuant to this Regulation should only enter into force after the European Parliament and the Council have approved a transfer to a budgetary reserve of an amount equivalent to the value of the measures adopted. To facilitate the adoption of decisions which are required to protect the financial interests of the Union, such transfers should be considered to be approved unless, within a set period, the European Parliament or the Council, the latter acting by qualified majority, amend or reject them. [Am. 25]

(16)  Before proposing the adoption of any measure pursuant to this Regulation, the Commission should inform the Member State concerned why it considers that a generalised deficiency regarding the rule of law might exist in that Member State. The Commission should without delay inform the European Parliament and the Council about any such notification and its contents. The Member State concerned should be allowed to submit its observations. The Commission and the Council should take those observations into account. [Am. 26]

(17)  The Council Commission should lift measures with suspensive effect on a proposal from the Commission and propose to the European Parliament and the Council to lift in full or in part the budgetary reserve of the measures in question, if the situation leading to the imposition of those measures has been sufficiently remedied. [Am. 27]

(18)  The Commission should keep the European Parliament informed of any measures proposed and adopted pursuant to this Regulation, [Am. 28]

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes the rules necessary for the protection of the Union’s budget in the case of generalised deficiencies as regards the rule of law in the Member States.

Article 2

Definitions

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

a)  'the rule of law' refers shall be understood having regard to the Union value values enshrined in Article 2 of the Treaty on European TEU and in the criteria for Union which membership referred to in Article 49 TEU; it includes the principles of legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws law; legal certainty; prohibition of arbitrariness of the executive powers; access to justice and effective judicial protection by before independent and impartial courts, including of fundamental rights as stipulated in the Charter of Fundamental Rights of the European Union and in international human rights treaties; separation of powers; non-discrimination and equality before the law; [Am. 29]

b)  'generalised deficiency as regards the rule of law' means a widespread or recurrent practice or omission, or measure by public authorities which affects the rule of law, where it affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union; a generalised deficiency as regards the rule of law may also be the consequence of a systemic threat to the Union values enshrined in Article 2 TEU that affects or risks affecting the principles of sound financial management or the protection of the financial interests of the Union; [Am. 30]

c)  'government entity' means all any public authorities authority at all levels of government, including national, regional and local authorities, as well as Member State organisations within the meaning of [point 42 of Article 2] of Regulation (EU, Euratom) No […] 2018/1046 of the European Parliament and of the Council(14) (the ‘Financial Regulation’). [Am. 31]

Article 2a

Generalised deficiencies

The following shall, in particular, be considered generalised deficiencies as regards the rule of law where they affect or risk affecting the principles of sound financial management or the protection of the financial interests of the Union:

a)  endangering the independence of judiciary, including setting any limitations on the ability to exercise judicial functions autonomously by externally intervening in guarantees of independence, by constraining judgement under external order, by arbitrarily revising rules on the appointment or terms of service of judicial personnel, by influencing judicial staff in any way that jeopardises their impartiality or by interfering with the independence of attorneyship;

b)  failing to prevent, correct and sanction arbitrary or unlawful decisions by public authorities, including by law enforcement authorities, withholding financial and human resources affecting their proper functioning or failing to ensure the absence of conflicts of interests;

c)  limiting the availability and effectiveness of legal remedies, including through restrictive procedural rules, lack of implementation of judgments, or limiting the effective investigation, prosecution or sanctioning of breaches of law;

d)  endangering the administrative capacity of a Member State to respect the obligations of Union membership, including the capacity to effectively implement the rules, standards and policies that make up the body of Union law;

e)  measures that weaken the protection of the confidential communication between lawyer and client. [Am. 32]

Article 3

Measures Risks for the financial interests of the Union [Am. 33]

1.  Appropriate measures shall be taken where A generalised deficiency as regards the rule of law in a Member State affects or risks affecting the principles of sound financial management or the protection may be established when one or more of the financial interests of the Union following, in particular, are affected or risk being affected: [Am. 34]

a)  the proper functioning of the authorities of that Member State implementing the Union budget, in particular in the context of public procurement or grant procedures, and when carrying out monitoring and controls; [Am. 35]

aa)  the proper functioning of the market economy, thereby respecting competition and market forces in the Union as well as implementing effectively the obligations of membership, including adherence to the aim of political, economic and monetary union; [Am. 36]

ab)  the proper functioning of the authorities carrying out financial control, monitoring and internal and external audits, and the proper functioning of effective and transparent financial management and accountability systems; [Am. 37]

b)  the proper functioning of investigation and public prosecution services in relation to the prosecution of fraud, including tax fraud, corruption or other breaches of Union law relating to the implementation of the Union budget; [Am. 38]

c)  the effective judicial review by independent courts of actions or omissions by the authorities referred to in points a), ab) and b) b); [Am. 39]

d)  the prevention and sanctioning of fraud, including tax fraud, corruption or other breaches of Union law relating to the implementation of the Union budget, and the imposition of effective and dissuasive penalties on recipients by national courts or by administrative authorities; [Am. 40]

e)  the recovery of funds unduly paid;

ea)   the prevention and sanctioning of tax evasion and tax competition and the proper functioning of authorities contributing to administrative cooperation in tax matters; [Am. 41]

f)  the effective and timely cooperation with the European Anti-fraud Office and, subject to the participation of the Member State concerned, with the European Public Prosecutor’s Office in their investigations or prosecutions pursuant to their respective legal acts and to the principle of loyal cooperation; [Am. 42]

fa)  the proper implementation of the Union budget following a systemic violation of fundamental rights. [Am. 43]

2.  The following may, in particular, be considered generalised deficiencies as regards the rule of law,

(a)  endangering the independence of judiciary;

(b)  failing to prevent, correct and sanction arbitrary or unlawful decisions by public authorities, including by law enforcement authorities, withholding financial and human resources affecting their proper functioning or failing to ensure the absence of conflicts of interests;

(c)  limiting the availability and effectiveness of legal remedies, including through restrictive procedural rules, lack of implementation of judgments, or limiting the effective investigation, prosecution or sanctioning of breaches of law. [Am. 44]

Article 3a

Panel of independent experts

1.  The Commission shall establish a panel of independent experts (‘the Panel’).

The Panel shall be composed of independent experts in constitutional law and financial and budgetary matters. One expert shall be appointed by the national parliament of each Member State and five experts shall be appointed by the European Parliament. The composition of the Panel shall ensure gender balance.

Whenever appropriate, representatives of relevant organisations and networks, such as the European Federation of Academies of Sciences and Humanities, the European Network of National Human Rights Institutions, the bodies of the Council of Europe, the European Commission for the efficiency of justice, the Council of Bars and Law Societies of Europe, the Tax Justice Network, the United Nations, the Organization for Security and Co-operation in Europe and the Organisation for Economic Co-operation and Development, may be invited as observers to the Panel in accordance with the rules of procedures referred to in paragraph 6.

2.  The advisory tasks of the Panel shall have as their objective to assist the Commission in identifying generalised deficiencies as regards the rule of law in a Member State that affect or risk affecting the principles of sound financial management or the protection of the financial interests of the Union.

The Panel shall assess the situation in all Member States annually on the basis of quantitative and qualitative criteria and information, having due regard to the information and guidance referred to in Article 5(2).

3.  Each year the Panel shall make public a summary of its findings.

4.  As part of its advisory task and taking into account the outcome of the considerations under paragraph 2, the Panel may express an opinion about a generalised deficiency as regards the rule of law in a Member State.

When expressing an opinion the Panel shall endeavour to reach a consensus. If no such consensus can be reached, the Panel shall express its opinion by a simple majority of its members.

5.  When adopting implementing acts pursuant to Article 5(6) and Article 6(2), the Commission shall take into account any relevant opinion expressed by the Panel in accordance with paragraph 4 of this Article.

6.  The Panel shall elect its chairperson from among its members. The Panel shall establish its rules of procedure. [Am. 45]

Article 4

Content of Measures for the protection of the Union budget [Am. 46]

1.  When the conditions of Article 3 are fulfilled, one or more of the following appropriate measures may be adopted: [Am. 47]

a)  where the Commission implements the Union’s budget in direct or indirect management pursuant to points (a) and (c) of Article 62 of the Financial Regulation, and where a government entity is the recipient:

(1)  a suspension of payments or of the implementation of the legal commitment or a termination of the legal commitment pursuant to Article [131(3)] of the Financial Regulation;

(2)  a prohibition to enter into new legal commitments;

b)  where the Commission implements the Union’s budget in shared management pursuant to [point (b) of Article 62] of the Financial Regulation:

(1)  a suspension of the approval of one or more programmes or an amendment thereof;

(2)  a suspension of commitments;

(3)  a reduction of commitments, including through financial corrections or transfers to other spending programmes;

(4)  a reduction of pre-financing;

(5)  an interruption of payment deadlines;

(6)  a suspension of payments.

2.  Unless the decision adopting the measures provides otherwise, the imposition of appropriate measures shall not affect the obligation of government entities referred to in point (a) of paragraph 1 or of Member States referred to in point (b) of paragraph 1 to implement the programme or fund affected by the measure, and in particular the obligation to make payments to final recipients or beneficiaries.

3.  The measures taken shall be proportionate to the nature, gravity, duration and scope of the generalised deficiency as regards the rule of law. They shall, insofar as possible, target the Union actions affected or potentially affected by that deficiency. [Am. 48]

3a.  The Commission shall provide information and guidance for the benefit of final recipients or beneficiaries on the obligations by Member States referred to in paragraph 2 via a website or internet portal.

The Commission shall also provide, on the same website or portal, adequate tools for final recipients or beneficiaries to inform the Commission about any breach of these obligations that, in the view of these final recipients or beneficiaries, directly affects them. This paragraph shall be applied in a manner that ensures protection of persons reporting on breaches of Union law, in line with the principles set out in Directive XXX (Directive on the protection of persons reporting on breaches of Union law). Information provided by final recipients or beneficiaries in accordance with this paragraph may only be taken into account by the Commission if accompanied by a proof that the concerned final recipient or beneficiary has lodged a formal complaint to the competent authority. [Am. 49]

3b.  Based on the information provided by the final recipients or beneficiaries in accordance with paragraph 3 a, the Commission shall ensure that any amount due by government entities or Member States in accordance with paragraph 2 is effectively paid to final recipients or beneficiaries.

Where necessary:

a)  with reference to funds from the Union budget managed in accordance with Article 62(1)(c) of the Financial Regulation, the Commission shall:

i)  recover the payment made to any of the bodies referred to in points (v) to (vii) of Article 62(1)(c) of the Financial Regulation for an amount equivalent to the amount not paid to final recipients or beneficiaries, in breach of paragraph 2 of this Article;

ii)  transfer an amount equivalent to the amount referred to in the previous point to the Union reserve referred to in Article 12 of Council Regulation XXX (MFF Regulation). Such amount shall be considered margin left available within the meaning of point (a) of Article 12(1) of Council Regulation XXX (MFF Regulation) and shall be mobilised in accordance with Article 12(2) of Council Regulation XXX (MFF Regulation), for the benefit, to the possible extent, of the final recipients or beneficiaries referred to in paragraph 2 of this Article;

b)  with reference to funds from the Union budget managed in accordance with Article 62(1)(b) of the Financial Regulation:

i)  the obligation of government authorities or of Member States referred to in paragraph 2 of this Article shall be considered an obligation of Member States within the meaning of [Article 63] of Regulation XXX (CPR Regulation). Any breach of such obligation shall be treated in accordance with [Article 98] of Regulation XXX (CPR Regulation);

ii)  the amount resulting from reduced support from the Funds to a programme, in application of [Article 98] of Regulation XXX (CPR Regulation) shall be transferred by the Commission to the Union reserve referred to in Article 12 of Council Regulation XXX (MFF Regulation). Such amount shall be considered margin left available within the meaning of point a) of Article 12(1) of Council Regulation XXX (MFF Regulation) and shall be mobilised in accordance with paragraph 2 of Article 12 of Council Regulation XXC (MFF Regulation), for the benefit, to the possible extent, of the final recipients or beneficiaries referred to in paragraph 2 of this Article. [Am. 50]

Article 5

Procedure

1.  Where the Commission, taking into account any opinions of the Panel, finds that it has reasonable grounds to believe that the conditions of Article 3 are fulfilled, it shall send a written notification to that Member State, setting out the grounds on which it based its finding. The Commission shall without delay inform the European Parliament and the Council of such notification and its contents. [Am. 51]

2.  When assessing whether the conditions of Article 3 are fulfilled, the Commission may shall take into account all relevant information, including opinions of the Panel, decisions of the Court of Justice of the European Union, resolutions of the European Parliament, reports of the Court of Auditors, and conclusions and recommendations of relevant international organisations and networks. The Commission shall also take into account the criteria used in the context of Union accession negotiations, in particular the chapters of the acquis on judiciary and fundamental rights, justice, freedom and security, financial control and taxation, as well as the guidelines used in the context of the Cooperation and Verification Mechanism to track the progress of a Member State. [Am. 52]

3.  The Commission may request any additional information required for its assessment, both before and after having made a finding pursuant to paragraph 1.

4.  The Member State concerned shall provide all the required information and may make observations within a time limit specified by the Commission, which shall not be less than 1 one month nor more than three months from the date of notification of the finding. In its observations, the Member State may propose the adoption of remedial measures. [Am. 53]

5.  The Commission shall take into account the information received and any observations made by the Member State concerned, as well as the adequacy of any proposed remedial measures, when deciding whether or not to submit a proposal for adopt a decision on the appropriate any measures referred to in Article 4. The Commission shall decide on the follow-up to be given to the information received within an indicative time limit of one month, and in any case within a reasonable timeframe from the date of receipt of that information. [Am. 54]

5a.  When assessing the proportionality of the measures to be imposed, the Commission shall have due regard to the information and guidance referred to in paragraph 2. [Am. 55]

6.  Where the Commission considers that the generalised deficiency as regards the rule of law is established, it shall submit a proposal for an implementing act adopt a decision on the appropriate measures to the Council referred to in Article 4 by means of an implementing act. [Am. 56]

6a.  At the same time as it adopts its decision, the Commission shall simultaneously submit to the European Parliament and to the Council a proposal to transfer to a budgetary reserve an amount equivalent to the value of the measures adopted. [Am. 57]

6b.  By way of derogation from Article 31(4) and (6) of the Financial Regulation, the European Parliament and the Council shall deliberate upon the transfer proposal within four weeks of its receipt by both institutions. The transfer proposal shall be considered to be approved unless, within the four-week period, the European Parliament, acting by majority of the votes cast, or the Council, acting by qualified majority, amend or reject it. If the European Parliament or the Council amend the transfer proposal, Article 31(8) of the Financial Regulation shall apply. [Am. 58]

6c.  The decision referred to in paragraph 6 shall enter into force if neither the European Parliament nor the Council reject the transfer proposal within the period referred to in paragraph 6b. [Am. 59]

7.  The decision shall be deemed to have been adopted by the Council, unless it decides, by qualified majority, to reject the Commission proposal within one month of its adoption by the Commission. [Am. 60]

8.  The Council, acting by a qualified majority, may amend the Commission’s proposal and adopt the amended text as a Council decision. [Am. 61]

Article 6

Lifting of measures

1.  The Member State concerned may, at any time, submit to the Commission a formal notification including evidence to show that the generalised deficiency as regards the rule of law has been remedied or has ceased to exist. [Am. 62]

2.  At the request of the Member State concerned or on its own initiative, the Commission, taking into account any opinions of the Panel, shall assess the situation in the Member State concerned within an indicative time limit of one month, and in any case within a reasonable timeframe from the date of receipt of the formal notification. Once the generalised deficiencies as regards the rule of law which on the grounds of which the appropriate measures referred to in Article 4 were adopted cease to exist in full or in part, the Commission shall, submit to the Council a proposal for without delay, adopt a decision lifting those measures in full or in part. At the same time as it adopts its decision, the Commission shall simultaneously submit to the European Parliament and to the Council a proposal to lift, in full or in part, the budgetary reserve referred to in Article 5(6a). The procedure set out in paragraphs 2, 4, 5, 6, and 7 6b and 6c of Article 5 shall apply. [Am. 63]

3.  Where measures concerning the suspension of the approval of one or more programmes or amendments thereof referred to in point (i) of Article 4(2)(b) or the suspension of commitments referred to in point (ii) of Article 4(2)(b) are lifted, amounts corresponding to the suspended commitments shall be entered in the budget subject to Article 7 of Council Regulation (EU, Euratom) No XXXX (MFF Regulation). Suspended commitments of year n may not be entered in the budget beyond year n+2. As from year n+3, an amount equivalent to the suspended commitments shall be entered in the Union Reserve for Commitments provided for in Article 12 of Council Regulation (EU, Euratom) No XXXX (MFF Regulation). [Am. 64]

Article 7

Information of the European Parliament

The Commission shall immediately inform the European Parliament of any measures proposed or adopted pursuant to Articles 4 and 5 [Am. 65]

Article 7a

Reporting

The Commission shall report to the European Parliament and the Council on the application of this Regulation, in particular on the effectiveness of the measures adopted, if any, at the latest five years after its entry into force.

The report shall be accompanied where necessary by appropriate proposals. [Am. 66]

Article 8

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. It shall apply from 1 January 2021. [Am. 67]

Article 8a

Inclusion in the Financial Regulation

The contents of this Regulation shall be inserted into the Financial Regulation upon its next revision. [Am. 68]

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 291, 17.8.2018, p. 1.
(2) This position corresponds to the amendments adopted on 17 January 2019 (Texts adopted, P8_TA(2019)0038).
(3)OJ C 291, 17.8.2018, p. 1.
(4) Position of the European Parliament of 4 April 2019.
(5)Judgment of the Court of Justice of 29 April 2004, CAS Succhi di Frutta, C-496/99 PECLI:EU:C:2004:236, paragraph 63.
(6)Judgment of the Court of Justice of 12 November 1981, Amministrazione delle finanze dello Stato v Srl Meridionale Industria Salumi and others Ditta Italo Orlandi & Figlio and Ditta Vincenzo Divella v Amministrazione delle finanze dello Stato. Joined cases 212 to 217/80, ECLI:EU:C:1981:270, paragraph 10.
(7)Judgment of the Court of Justice of 21 September 1989, Hoechst, Joined cases 46/87 and 227/88, ECLI:EU:C:1989:337, paragraph 19.
(8)Judgment of the Court of Justice of 10 November 2016, Kovalkovas, C‑477/16, ECLI:EU:C:2016:861, paragraph 36; Judgment of the Court of Justice of 10 November 2016, PPU Poltorak, C‑452/16, ECLI:EU:C:2016:858, paragraph 35; and Judgment of the Court of Justice of 22 December 2010, DEB,C-279/09, ECLI:EU:C:2010:811, paragraph 58.
(9)Judgment of the Court of Justice of 27 February 2018, Associação Sindical dos Juízes Portugueses v Tribunal de Contas C‑64/16, ECLI:EU:C:2018:117, paragraphs 31, 40-41; judgment of the Court of Justice of 25 July 2018, LM, C-216/18 PPU, ECLI:EU:C:2018:586, paragraphs 63-67.
(10)Communication from the Commission "A new EU Framework to strengthen the Rule of Law", COM(2014) 158 final, Annex I.
(11) Report of the Venice Commission of 4 April 2011 Study No. 512/2009 (CDL-AD(2011)003rev).
(12)Case C-64/16, para 32-36.
(13)Case C-64/16, para 40-41.
(14) 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).


European Social Fund Plus (ESF+) ***I
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European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council on the European Social Fund Plus (ESF+) (COM(2018)0382 – C8-0232/2018 – 2018/0206(COD))
P8_TA(2019)0350A8-0461/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0382),

–  having regard to Article 294(2), and Article 46(d), Article 149, point (a) of Article 153(2), Article 164, Article 168(5), Article 175(3) and Article 349 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0232/2018),

–  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 report of the Committee on Employment and Social Affairs and the opinions of the Committee on the Environment, Public Health and Food Safety, the Committee on Budgets, the Committee on Budgetary Control, the Committee on Regional Development, the Committee on Culture and Education, the Committee on Legal Affairs, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Women’s Rights and Gender Equality (A8-0461/2018),

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

2.  Calls on the Commission to refer the matter to Parliament again if it 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 4 April 2019 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council on the European Social Fund Plus (ESF+)

P8_TC1-COD(2018)0206


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 46(d), Article 149, Article 153(2)(a), Article 164, Article 168(5), Article 175(3) and Article 349 thereof,

Having regard to the proposal from the European Commission,

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

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

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

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

Whereas:

(-1)  Pursuant to Article 3 of the Treaty on the European Union (TEU), in establishing an internal market the Union is working for a highly competitive social market economy, aiming at full employment and social progress; promoting equality between women and men, solidarity between generations and protection of the rights of the child; as well as combating social exclusion and discrimination. In accordance with Article 9 of the Treaty on the Functioning of the European Union (TFEU), in defining and implementing its policies and activities, the Union is to take into account requirements linked to, inter alia, the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health. [Am. 1]

(1)  On 17 November 2017, the European Pillar of Social Rights was jointly proclaimed by the European Parliament, the Council and the Commission as a response to social challenges in Europe. The twenty key principles of the pillar are structured around three categories: equal opportunities and access to the labour market; fair working conditions; social protection and inclusion. The twenty principles of the European Pillar of Social Rights should guide the actions under the European Social Fund Plus (ESF+). In order to contribute to the implementation of the European Pillar of Social Rights the ESF+ should support investments in people and systems in the policy areas of employment, public services, health, education and social inclusion, thereby supporting economic, territorial and social cohesion in accordance with Article Articles 174 and 175 TFEU. All actions under the ESF+ should respect the Charter of Fundamental Rights of the European Union (the Charter), the European Convention for the Protection of Human Rights and Fundamental Freedoms and have regard to the UN Convention on the Rights of Persons with Disabilities to which the European Union and all its Member States are parties. [Am. 2]

(2)  At Union level, the European Semester of economic policy coordination is the framework to identify national reform priorities and monitor their implementation. Member States develop their own national multiannual investment strategies in support of those reform priorities. Those strategies should be developed in partnership between national, regional and local authorities, include a gender perspective and presented alongside the yearly National Reform Programmes as a way to outline and coordinate priority investment projects to be supported by national and/or Union funding. They should also serve to use Union funding in a coherent manner and to maximise the added value of the financial support to be received notably from the programmes supported by the Union under the European Regional Development Fund, the Cohesion Fund, the European Social Fund Plus, the European Maritime and Fisheries Fund and the European Agricultural Fund for Rural Development, the European Investment Stabilisation Function and InvestEU, where relevant. [Am. 3]

(3)  The Guidelines for the employment policies of the Member States adopted by the Council in accordance with Article 148(2) TFEU, namely: boosting the demand for labour; enhancing labour supply: access to employment, skills and competences; enhancing the functioning of labour markets and the effectiveness of social dialogue and promoting equal opportunities for all, fostering social inclusion and combatting poverty, including improved public services in the health and other sectors, together with the broad economic guidelines adopted in accordance with Article 121(2) TFEU form part of the Integrated Guidelines underpinning the Europe 2020 Strategy. The Council of […] adopted revised guidelines for the employment policies of the Member States to align the text them with the principles of the European Pillar of Social Rights, with a view to stimulate creation of jobs and foster social cohesion, thus improving Europe's competitiveness and making it the Union a better place to invest, create jobs and foster social cohesion. In order to ensure the full alignment of the ESF+ with the objectives of these the Guidelines, particularly as regards for the employment, education, training and the fight against social exclusion, poverty and discrimination, the ESF+ should support policies, Member States should plan support under the ESF+ relevant to them, taking account of the relevant Integrated those Guidelines, and as well as of relevant country-specific recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) and Article 121(2) TFEU and, where appropriate, at national level, the employment and social aspects of the national reform programmes underpinned by national strategies. The ESF+ should also contribute to relevant aspects of the implementation of key Union initiatives and activities, in particular the "Skills Agenda for Europe" and the European Education Area, the Youth Guarantee and other relevant Council Recommendations and other initiatives such as the Youth Guarantee Investing in children: breaking the cycle of disadvantage, the Upskilling Pathways and on Integration of the long-term unemployed, a Quality Framework for Traineeships and Apprenticeships and the Action Plan on the integration of third-country nationals. [Am. 4]

(4)  On 20 June 2017, the Council endorsed the Union response to the 'UN 2030 Agenda for Sustainable Development’ - a sustainable European future. The Council underlined the importance of achieving sustainable development across the three dimensions (economic, social and environmental), in a balanced and integrated way. It is vital that sustainable development is mainstreamed into all Union internal and external policy areas, and that the Union is ambitious in the policies it uses to address global challenges. The Council welcomed the Commission Communication on "Next steps for a sustainable European future" of 22 November 2016 as a first step in mainstreaming the Sustainable Development Goals and applying sustainable development as an essential guiding principle for all Union policies, including through its financing instruments. The ESF+ should contribute to implementing the Sustainable Development Goals by, inter alia, eradicating extreme forms of poverty (goal 1); promoting quality and inclusive education (goal 4); promoting gender equality (goal 5); promoting sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all (goal 8); and reducing inequality (goal 10). [Am. 5]

(4a)  The Union and its Member States, having in mind the European Social Charter signed at Turin on 18 October 1961, should have in their objectives the promotion of employment, improved living and working conditions, with a view to lasting high levels of employment and combating exclusion, in accordance with Article 151 TFEU. [Am. 6]

(4b)  European society continues to face a range of social challenges. Over 100 million people are at risk of poverty and social exclusion, the youth unemployment rate is still over double the general unemployment rate and there is a need for better integration of third-country nationals. Those challenges not only threaten the well-being of the persons directly concerned, but also place economic and social pressure on European society as a whole. [Am. 7]

(5)  The Union is confronted with structural challenges arising from economic globalisation, social inequalities, the management of migration flows and the increased security threat and related integration challenges, clean energy transition, technological change, demographic decline, unemployment in general and youth unemployment and an increasingly ageing society and workforce and growing skills shortages and labour shortages in some sectors and regions, experienced especially by SMEs. Taking into account the changing realities of the world of work, the Union should be prepared for the current and future challenges by investing in relevant skills, education, training and lifelong learning making growth more inclusive and by improving competences and knowledge, employment and social policies, including in view of labour mobility of Union citizens and addressing increasing health inequalities between and within Member States. [Am. 8]

(6)  Regulation (EU) No […] establishes the framework for action by the European Regional Development Fund (ERDF), the European Social Fund Plus (ESF+), the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), the Asylum and Migration Fund (AMIF), Internal Security Fund (ISF) and the Border Management and Visa Instrument (BMVI) as a part of the Integrated Border Management Fund (IBMF), and lays down, in particular, the policy objectives and the rules concerning programming, monitoring and evaluation, management and control for Union funds implemented under shared management. It is therefore necessary to specify the general objectives of the ESF+ and its coordination with other funds, and to lay down specific provisions concerning the type of activities that may be financed by the ESF+. [Am. 9]

(7)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council(7) (the ‘Financial Regulation’) lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees and synergies between financial instruments. In order to ensure coherence in the implementation of Union funding programmes, the Financial Regulation is to apply to the actions to be implemented in direct or indirect management under the ESF+. This Regulation should specify the operational objectives and lay down the specific provisions concerning the eligible actions that may be financed by the ESF+ under direct and indirect management. [Am. 10]

(8)  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. For grants, this should include consideration of the use of lump sums, flat rates and unit costs, as well as financing not linked to costs as envisaged in Article 125(1) of the Financial Regulation. To implement measures linked to the socio-economic integration inclusion of third country nationals, and in accordance with Article 88 of the Common Provisions Regulation (the "new CPR"), the Commission may reimburse Member States using simplified cost options including the use of lump sums. [Am. 11]

(9)  In order to streamline and simplify the funding landscape and create additional opportunities for synergies through integrated funding approaches, the actions which were supported by the Fund for European Aid to the Most Deprived ('FEAD'), the European Union Programme for Employment and Social Innovation and the Programme for the Union's action in the field of health should be integrated into one ESF+. The ESF+ should therefore include three strands: the ESF+ strand under shared management, the Employment and Social Innovation strand, and the Health strand under direct and indirect management. This should contribute to reducing the administrative burden linked to the management of different funds, in particular for Member States and beneficiaries, whilst maintaining simpler rules for simpler operations such as the distribution of food and/or basic material assistance. [Am. 12]

(10)  The Union should contribute to the employment policies of the Member States by encouraging cooperation and by complementing their actions. In view of this wider scope of the ESF+ it is appropriate to foresee that the aims to enhance the effectiveness of inclusive, open and fair labour markets for all genders and promote access to quality employment, to improve the access to and the quality of education and training, to aid reintegration into education systems and to promote lifelong learning, as well as to promote social inclusion and health and to reduce eradicate poverty are not only will continue to be implemented mainly under shared management, but also and where appropriate, complemented under direct and indirect management under the Employment and Social Innovation and Health strands for actions required at Union level. [Am. 13]

(11)  The integration of the Programme for the Union's action in the field of health with the ESF+ will also create synergies between the developments and testing of initiatives and policies to improve the effectiveness, accessibility, resilience and sustainability of health systems developed by the Health strand of the ESF+ Programme and their implementation in the Member States at national, regional and local level by the tools provided by the other strands of the ESF+ Regulation. [Am. 14]

(12)  This Regulation lays down a financial envelope for the ESF+. Parts of this financial envelope should be used It should specify the allocations for activities to be implemented under shared management and the allocations for actions to be implemented in direct and indirect management under the Employment and Social Innovation and Health strands. [Am. 15]

(13)  The ESF+, in close cooperation with the Member States, should aim to promote employment through active interventions enabling (re)integration the integration and re-integration into the labour market, notably for youth, the long-term unemployed, carers, the economically inactive and disadvantaged groups, and the inactive, as well as through promoting self–employment, entrepreneurship, and the social economy. The ESF+ should aim to improve employment policies and the functioning of labour markets by supporting the modernisation of labour market institutions such as the Public Employment Services in order to improve their capacity to provide intensified targeted and personalised, where suitable, counselling and guidance during the job search and the transition to employment, with special attention to disadvantaged groups and to enhance facilitate workers’ mobility, and to deliver their service in a non-discriminatory manner. The ESF+ should promote women’s participation in the labour market through measures aiming to ensure, amongst others, improved work/life balance and easy access to affordable or free quality childcare, eldercare and other care services or support of high quality. The ESF + should also aim to provide a safe, healthy and well-adapted working environment in order to respond to health risks related to work as well as to changing forms of work and the needs of the ageing workforce. The ESF+ should also support measures aimed to facilitate the transition of young people from education to employment. [Am. 16]

(13a)  With a view to supporting and unlocking the job creation potential in the social economy, the ESF+ should contribute to improving the integration of social economy enterprises in national employment and social innovation plans, and in their National Reform Programmes. The definition of a social economy enterprise should follow the definitions given in the Member States’ social economy law and in the Council Conclusions of 7 December 2015 on the promotion of the social economy as a key driver of economic and social development in Europe. [Am. 17]

(14)  Given that the ESF+ is the main Union instrument focusing on employment, skills and social inclusion it is essential that it is able to contribute to social, economic, and territorial cohesion in all parts of the Union. To that end it should provide support to improving the quality, non-discriminatory nature, accessibility, inclusiveness, effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards language skills, entrepreneurial and digital skills, including data protection and information governance skills, digital skills which all individuals need for personal fulfilment and development, employment, social inclusion and active citizenship. In case of the long-term unemployed and people coming from a disadvantaged social background, special attention should be paid to empower them. The ESF+ should help progression within education and training and transition to work and reintegration to work, support lifelong learning and employability of all, and contribute to inclusiveness, competitiveness, the reduction of horizontal and vertical segregation, and societal and economic innovation by supporting scalable and sustainable initiatives in these fields. This could be achieved for example through investments in vocational education, work-based learning and apprenticeships, focusing in particular on the proven dual system combining teaching and work experience, lifelong guidance, skills anticipation in cooperation with industry the social partners, up-to-date training materials, forecasting and graduate tracking, training of educators, support for informal and non-formal learning, validation of learning outcomes and recognition of qualifications. The ESF+ should also promote access to the teaching profession by minorities, aiming at a better integration of marginalised communities, such as the Roma, minorities and migrants. [Am. 18]

(14a)  The ESF+ should provide support to measures included in Member States' national plans aiming to eradicate energy poverty and to promote energy efficiency in buildings among vulnerable households, including those affected by energy poverty and, where appropriate, in social housing, in line with the Commission Communication entitled ‘The European Platform against Poverty and Social Exclusion: A European framework for social and territorial cohesion’ and in accordance with Regulation (EU) 2018/1999 of the European Parliament and Council(8) and Directive (EU) 2018/2002 of the European Parliament and Council(9). [Am. 19]

(14b)  In the future the allocation of ESF+ funding to Member States should be made contingent on provision of proof of effective involvement in projects to introduce or enhance, in the context of the Youth Guarantee, the dual system combining teaching and work experience. [Am. 20]

(15)  Support through the ESF+ should be used to promote equal access for all, in particular for disadvantaged groups, to quality, non-segregated and inclusive education and training, from early childhood education and care, paying special attention to children coming from a disadvantaged social background, such as children in institutional care and children experiencing homelessness, through general and vocational education and training and to tertiary level and re-integration into the education system, as well as adult education and learning, thereby preventing the transmission of poverty through generations, fostering permeability between education and training sectors, reducing and preventing early school leaving and social exclusion, improving health literacy, reinforcing links with non-formal and informal learning and facilitating learning mobility for all. Those forms of informal learning should not replace access to regular education, particularly pre-school and primary education. Synergies, complementarity and policy coherence with the Erasmus programme, notably to facilitate the participation of should be established in this context in order to properly and actively reach out and to prepare disadvantaged learners for mobility experiences abroad and increase their participation in cross-border in learning mobility. , should be supported within this context. [Am. 21]

(15a)   Support under the investment priority "community-led local development" contributes to the objectives as set out in this Regulation. Community-led local development strategies supported by the ESF+ should be inclusive with regard to disadvantaged people present on the territory, both in terms of governance of local action groups and in terms of content of the strategy. The ESF should be able to support community-led local development strategies in urban and rural areas, as well as integrated territorial investments. [Am. 22]

(15b)  The added value of the Union cohesion policy lies particularly in the place-based territorial dimension approach, the multilevel governance, the multiannual planning and shared and measurable objectives, the integrated development approach and the convergence towards European standards in administrative capabilities. [Am. 23]

(15c)  The Commission and the Member States should ensure that gender equality and the integration of the gender perspective is a binding principle in all phases of programming, from shaping the priorities of the operational programmes to the implementation, monitoring and evaluation, and that key actions for gender mainstreaming receive support. [Am. 24]

(15d)   The ESF+ should support educational schemes that offer adults with a low level of skills the possibility to acquire a minimum level of literacy, numeracy and digital competence in line with the Council Recommendation of 19 December 2016 on Upskilling Pathways: New Opportunities for Adults(10). [Am. 25]

(16)  The ESF+ should promote flexible upskilling and reskilling opportunities for all, taking into consideration the challenges of different disadvantaged groups, notably entrepreneurial and digital skills and key enabling technologies, with a view to providing people and local communities with skills, competences and knowledge adjusted to digitalisation, technological change, innovation and social and economic change, such as the ones induced by the transition to a low carbon economy, facilitating career transitions he transition from education to employment, mobility and supporting in particular, low-skilled, persons with disabilities and/or poorly qualified adults, in line with the Skills Agenda for Europe and in coordination and complementarity with the Digital Europe Programme. [Am. 26]

(17)  Synergies with the Horizon Europe programme should ensure that the ESF+ can mainstream and scale up innovative curricula supported by Horizon Europe in order to equip people with the skills and competences needed for their personal and professional development and for the jobs of the future and to address current and future societal challenges. The Commission should ensure synergies between the Health Strand and the Horizon Europe programme in order to boost the results achieved in the area of health protection and diseases prevention. [Am. 27]

(17a)   Synergies with the Rights and Values programme should ensure that ESF+ can mainstream and scale up actions to prevent and combat discrimination, racism, xenophobia, anti-semitism, islamophobia and other forms of intolerance, as well as devoting specific actions to prevent hatred, segregation and stigmatisation, including bullying, harassment and intolerant treatment. [Am. 28]

(17b)   The synergies created thanks to European territorial cooperation at regional and cross-border levels have also resulted in cooperation projects to improve employment, inclusion of the most vulnerable sections of the population, demographic challenges, health and education, not only in the Union but also with countries in the pre-accession phase and in neighbouring countries, where Union cooperation provides added value. The ESF+ should improve funding for projects of this type and ensure the transfer of knowledge between them and the legislative process to improve the European regulatory framework and promote the sharing of good practices between the territories of the Union. [Am. 29]

(18)  The ESF+ should support Member States’ efforts at all levels of government, including at regional and local level, to eradicate to tackle poverty, including energy poverty as provided for in Regulation (EU) 2018/1999, with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all, tackling reducing barriers, fighting discrimination and addressing social and health inequalities. This implies also, but is not limited to, mobilising a range of pro-active and reactive policies and strategies targeting the most disadvantaged people regardless of their age, including children, marginalised communities such as the Roma, persons with disabilities, people experiencing homelessness, third-country nationals, including migrants and the working poor. The ESF+ should promote the active inclusion of people far from the labour market with a view to ensuring their socio-economic integration, including through targeted support to the social economy. Member States should promote ESF+ actions that complement national measures in line with the Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market(11) including measures on adequate income support. The ESF+ should be also used to enhance timely and equal access to affordable, sustainable and high quality services such as person-centred healthcare, related care and long-term care, in particular family and community-based care services and services guiding access to adequate, social and affordable housing services. This includes health promotion and diseases prevention services as part of primary healthcare services. The ESF+ should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility, inclusiveness, and effectiveness in responding to the changing realities of world of work. The ESF+ should also address rural poverty stemming from the specific disadvantages of rural areas, such as an unfavourable demographic situation, a weak labour market, limited access to education and training services, or healthcare and social services. [Am. 30]

(19)  The ESF+ should contribute to the reduction of poverty eradication by supporting national schemes aiming to alleviate food and material deprivation and promote social integration of people experiencing or at risk of poverty or social exclusion and the most deprived. With a view that at Union level at least 4 % of the resources of the ESF+ strand under shared management supports the most deprived, Member States should allocate at least 2 % 3 %of their national resources of the ESF+ strand under shared management to address combat the forms of extreme poverty with the greatest social exclusion impact, such as homelessness, child poverty, old-age poverty and food deprivation. Due to the nature of the operations and the type of end recipients, it is necessary that simpler the simplest possible rules apply to support which addresses material deprivation of the most deprived. [Am. 31]

(19a)   ESF+ should aim to address the poverty among elderly women across the Union, taking into account that the gender pension gap, standing at 40 %, constitutes an acute risk for worsening levels of poverty among older women, especially those living without a partner, thus following up on the commitments made in the 2015 ‘Council conclusions on equal income opportunities for women and men: closing the gender gap in pensions’(12). Poverty among elder women is also exacerbated by the rising out-of-pocket costs for health care and medicines that have to be borne by the elderly patients, especially women who spend a larger proportion of their lifespan in ill health than men mostly due to longer life expectancy. [Am. 32]

(19b)  In order to eradicate poverty and ensure greater social inclusion, the ESF+ should promote the active participation of specialised NGOs and organisations representing people living in poverty both in the preparation and in the implementation of the programmes dedicated to this. [Am. 33]

(20)  In light of the persistent need to enhance efforts to address the management of the migration flows in the Union as a whole and in order to ensure a coherent, strong and consistent support to the solidarity and fair responsibility-sharing efforts, the ESF+ should provide support to promote the socio-economic integration of third country nationals, including migrants, which may include initiatives at local level, complementary to the actions financed under the Asylum and Migration Fund, the European Regional Development Fund and those funds which can have a positive effect on the inclusion of third-country nationals. [Am. 34]

(20a)   The authorities of the Member States responsible for planning and implementing the ESF+ should coordinate with the authorities designated by Member States to manage the interventions of the Asylum and Migration Fund in order to promote the integration of third-country nationals at all levels in the best possible way through strategies implemented mainly by local and regional authorities and non-governmental organisations and by the most appropriate measures tailored to the particular situation of the third-country nationals. The scope of the integration measures should focus on third-country nationals legally residing in a Member State or where appropriate in the process of acquiring legal residence in a Member State, including beneficiaries of international protection. [Am. 35]

(21)  The ESF+ should support policy and system reforms in the fields of employment, social inclusion, poverty eradication, healthcare and long-term care, and education and training. In order to strengthen alignment with the European Semester Member States should allocate an appropriate amount of their resources of the ESF+ strand under shared management to implement relevant country-specific recommendations relating to structural challenges, which it is appropriate to address through multiannual investments falling within the scope of the ESF+. The Commission and the Member States should involve local and regional authorities to ensure coherence, coordination and complementarity between the shared-management and Health strands of ESF+ and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument. In particular, the Commission and the Member State should ensure, in all stages of the process, effective coordination in order to safeguard the consistency, coherence, complementarity and synergy among sources of funding, including technical assistance thereof, taking into account principles and rights set out in the European Pillar of Social Rights, the Social Scoreboard under the European Semester, the ILO Decent Work Agenda, and regional specificities, thereby contributing to the goals of the Union set out in Article 174 TFEU as regards to strengthening economic, social and territorial cohesion. [Am. 36]

(21a)  Given the diversity of the level of development in the regions and different social realities across the Union, the degree of flexibility of the ESF+ should be sufficient to take the regional and territorial specificities into account. [Am. 37]

(22)  To ensure that the social dimension of Europe as set out in the European Pillar of Social Rights is duly put forward and that a minimum amount of resources is targeting those most in need Member States should allocate at least 25 % 27% of their national ESF+ resources of the ESF+ strand under shared management to fostering social inclusion and poverty eradication. That percentage should be complementary to the national resources to address extreme poverty. [Am. 38]

(22a)  All Member States have ratified the UN Convention on the Rights of the Child (UNCRC), which constitutes the standard in the promotion and protection of the rights of the child. The promotion of children’s rights is an explicit objective of Union policies (Article 3 of the Lisbon Treaty), and the Charter requires the best interests of the child to be a primary consideration in all Union action. The Union and Member States should make appropriate use of the ESF+ to break the cycle of disadvantage for children living in poverty and social exclusion, as defined in the 2013 Commission Recommendation Investing in children. The ESF+ should support actions promoting effective interventions that contribute to the realisation of children’s rights. [Am. 39]

(22b)  In light of the persistently high level of child poverty and social exclusion in the Union (26,4 % in 2017), and the European Pillar of Social Rights which states that children have the right to protection from poverty, and children from disadvantaged backgrounds have the rights to specific measures to enhance equal opportunities, Member States should allocate at least 5 % of ESF+ resources under shared management to the European Child Guarantee scheme in order to contribute to children’s equal access to free healthcare, free education, free childcare, decent housing and adequate nutrition for the eradication of child poverty and social exclusion. Investing early in children yields significant returns for these children and society as a whole and is crucial to break the cycle of disadvantage in early years. Supporting children to develop skills and capabilities enables them to develop their full potential, brings them the best educational and health outcomes, and helps them to become active members of society and to increase their chances on the labour market as young people. [Am. 40]

(23)  In the light of persistently high levels of youth unemployment and inactivity in a number of Member States and regions, in particular affecting young people who are neither in employment, nor in education or training (NEETs), which levels are even higher in case of young people coming from a disadvantaged social background, it is necessary that those Member States continue to invest sufficient adequate resources of the ESF+ strand under shared management towards actions to promote youth employment, including in particular through the implementation of Youth Guarantee schemes. Building on the actions supported by the Youth Employment Initiative in the 2014-2020 programming period targeting individual persons, Member States should further promote high-quality employment and education reintegration pathways and effective outreach measures for young people by prioritising, where relevant, long-term unemployed, inactive and disadvantaged young people, young people who are hardest to reach and young people in vulnerable situations, including through youth work. Member States should also invest in measures aimed at facilitating school-to-work transition as well as reforming and adapting employment services with a view to providing tailor-made support to young people and at delivering their service without discrimination of any kind. Member States concerned should therefore allocate at least 10 % 3 % of their national resources of the ESF+ strand under shared management to support policies in the field of youth employability, continued education, quality employment, apprenticeships and traineeships. Member States with a NEET rate above the Union average, or above 15 %, should allocate at least 15 % of their national resources of the ESF+ to support policies in this field, acting at the appropriate territorial level. [Am. 41]

(23a)  Disparities are growing at subregional level, including in more prosperous regions where there are pockets of poverty. [Am. 42]

(23b)   Given the extension of the scope of the ESF+, the extra tasks should be coupled with an increased budget in order to fulfil the goals of the Programme. More funding is needed to combat unemployment, in particular youth unemployment, poverty and for the support of professional development and training, especially in the digital workplace, in line with the principles set out in the European Pillar of Social Rights. [Am. 43]

(23c)  EURES should be strengthened on a long-term basis, in particular through the comprehensive development of the internet platform and the active involvement of the Member States. Member States should use this existing model more effectively and publish details of all vacant jobs in the EURES system. [Am. 44]

(24)  Member States and the Commission should ensure coordination and complementarity and exploit synergies between the actions supported by these funds the ESF+ and the other Union programmes and instruments such as the European Globalisation Adjustment Fund, the European Regional Development Fund, the European Maritime and Fisheries Fund, Erasmus, the Asylum and Migration Fund, Horizon Europe, the European Agricultural Fund for Rural Development, the Digital Europe Programme, InvestEU, Creative Europe or the European Solidarity Corps. [Am. 45]

(25)  In accordance with Article Articles 349 and 174 TFEU and Article 2 of Protocol No 6 to the 1994 Act of Accession, the outermost regions, and the northern sparsely populated regions and islands are entitled to specific measures under common policies and EU programmes. Due to the permanent constraints Because they suffer from severe and permanent natural handicaps, these regions require need specific support. [Am. 46]

(25a)  In accordance with Article 174 TFEU, the Member States and the Commission should ensure that the ESF+ contributes to the development and implementation of specific policies to address the constraints and difficulties experienced by regions that suffer from severe and permanent demographic handicaps, such as depopulated regions and sparsely populated regions. [Am. 47]

(26)  Efficient and effective implementation of actions supported by the ESF+ depends on good governance and partnership between all actors at the relevant territorial levels Union institutions and local, regional and national authorities and the socio-economic actors, in particular the social partners and civil society. It is therefore essential that Member States, encourage the in partnership with regional and local authorities, ensure meaningful participation of social partners and civil society in the implementation organisations, equality bodies, national human rights institutions and other relevant or representative organisations in the programming and delivery of the ESF+ under shared management from shaping priorities for operational programmes to implementing, monitoring and evaluating the results and impact in line with the European code of conduct on partnership in the framework of the European Structural and Investment Funds established by Commission Delegated Regulation (EU) No 240/2014(13). Furthermore, for the sake of safeguarding non-discrimination and equal opportunities, equality bodies and national human rights institutions should also be involved in each stage. [Am. 48].

(26a)  Good governance and partnership between managing authorities and the partners require the effective and efficient use of capacity building for stakeholders, to whom Member Stes should allocate an appropriate amount of ESF+ resources. As investment in institutional capacity and in the efficiency of public administration and public services at the national, regional and local levels with a view to reforms, better regulation and good governance, is no longer included as an operational objective of the ESF+ under shared management, but has been included in the Structural Support Reform Programme, it is necessary that the Commission and the Member States ensure effective coordination between the two instruments. [Am. 49]

(27)  With a view to rendering policies more responsive to social change and to encourage and support innovative solutions, including at local level, support for social innovation and the social economy is crucial. In particular, testing and evaluating innovative solutions before scaling them up is instrumental in improving the efficiency of the policies and thus justifies specific support from the ESF+. [Am. 50]

(27a)  With a view to fully tapping into the potential of cross-sectorial cooperation and to improving synergies and coherence with other policy fields to achieve its general objectives, the ESF+ should support innovative actions which use sport and physical activity and culture to drive social inclusion, fight youth unemployment, particularly for disadvantaged groups, improve social inclusion of marginalised groups and to promote good health and disease prevention. [Am. 51]

(28)  The Member States and the Commission should ensure that ESF+ contributes to the promotion of equality between women and men in accordance with Article 8 TFEU to foster equality of treatment and opportunities between women and men in all areas, including regarding participation in the labour market, terms and conditions of employment and career progression. They The gender aspects should be taken into account in all programmes implemented, throughout their preparation, implementation, monitoring and evaluation. Moreover, the ESF+ should in particular comply with Article 21 of the Charter that stipulates that any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, sexual orientation is prohibited; furthermore, any discrimination based on sex characteristics or gender identity and on grounds of nationality should also be prohibited. Member States and the Commission should also ensure that the ESF+ promotes equal opportunities for all, without discrimination in accordance with Article 10 TFEU and promotes the inclusion in society of persons with disabilities on equal basis with others and contributes to the implementation of the United Nations Convention on the Rights of Persons with Disabilities, with regard inter alia to education, work, employment and universal accessibility. These principles should be taken into account in all dimensions and in all stages of the preparation, monitoring, implementation and evaluation of programmes, in a timely and consistent manner while ensuring that specific actions are taken to promote gender equality and equal opportunities. The ESF+ should also promote the transition from residential/institutional care to family and community-based care, in particular for those who face multiple and intersectional discrimination. The ESF+ should not support any action that contributes to segregation or to social exclusion. Regulation (EU) .../... [the new CPR] provides that rules on eligibility of expenditure are to be in line with the Charter and established at national level, with certain exceptions for which it is necessary to lay down specific provisions with regard to the ESF+ strand under shared management. [Am. 52]

(28a)  The use of regional indicators should be considered in order to allow subregional disparities to be better taken into account. [Am. 53]

(28b)   The ESF+ should support the study of languages in fostering mutual understanding and in building an inclusive society, also through a wider adoption by the Member States of the toolkit for language support for refugees developed by the Council of Europe. [Am. 54]

(29)  In order to reduce the administrative burden for the collection of data, Member States should, where such data, possibly disaggregated by sex, are available in registers, allow managing authorities to collect data from registers while respecting the protection of personal data in accordance to Regulation (EU) 2016/679 of the European Parliament and of the Council(14). It is advisable to incentivise the continuation of the electronic transmission of data as it helps reducing the administrative burden. [Am. 55]

(30)  With regard to the processing of personal data within the framework of this Regulation, national data controllers should carry out their tasks for the purposes of this Regulation in accordance with Regulation (EU) 2016/679.

(31)  Social experimentation is a small-scale project testing which allows gathering evidence on the feasibility of social innovations. It should be possible and encouraged for ideas to be tested at local level and for those that are feasible ideas to be pursued on a wider scale - where appropriate - or in transferred to other contexts in different regions or Member States with financial support from the ESF+, as well as from or in combination with other sources. [Am. 56]

(32)  ESF+ lays down provisions intended to achieve freedom of movement for workers on a non-discriminatory basis by ensuring the close cooperation of the central public employment services of Member States, with one another and with the Commission and the social partners. The European network of employment services with the involvement of the social partners, should promote a better functioning of the labour markets by facilitating the cross-border mobility of workers and a greater transparency of information on the labour markets. The ESF+ scope also includes developing and supporting targeted mobility schemes with a view to filling vacancies where labour market shortcomings have been identified. The ESF + covers cross-border partnerships between regional public employment services and social partners and their activities to promote mobility, as well as transparency and integration of cross-border labour markets through information, advice and placement. In many border regions they play an important role in the development of a genuine European labour market. [Am. 57]

(33)  Lack of access to finance for microenterprises, social economy and social economy enterprises is one of the main obstacles to business creation, especially among people furthest from the labour market. The ESF+ Regulation lays down provisions in order to create a market eco-system to increase the supply of and access to finance and support services for social economy enterprises, including in the cultural and creative sector, as well as to meet demand from those who need it most, and in particular the unemployed, women and vulnerable people disadvantaged groups who wish to start up or develop a microenterprise. This objective will also be addressed through financial instruments and budgetary guarantee under the social investment and skills policy window of the InvestEU Fund. [Am. 58]

(33a)  The Commission should introduce at Union level a ‘European Social Economy Label’ for social and solidarity-based enterprises, based on clear criteria designed to highlight the specific characteristics of these enterprises and their social impact, increase their visibility, create incentives for investment and facilitate access to funding and to the single market for those willing to expand nationally or into other Member States, in a manner consistent with the different legal forms and frameworks in the sector and in the Member States. [Am. 59]

(34)  Social investment market players, including philanthropic actors, can play a key role in achieving several ESF+ objectives, as they offer financing as well as innovative and complementary approaches to combatting social exclusion and poverty, reducing unemployment and contributing to the UN Sustainable Development Goals. Therefore, philanthropic actors such as foundations and donors should be involved, as appropriate and as long as they do not have a political or social agenda in conflict with Union ideals, in ESF+ actions in particular in those aimed at developing the social investment market ecosystem. [Am. 60]

(34a)  Transnational cooperation has significant added value and should therefore be supported by all Member States with the exception of duly justified cases taking into account the principle of proportionality. It is also necessary to reinforce the Commission’s role in facilitating exchanges of experience and coordinating implementation of relevant initiatives. [Am. 61]

(35)  In accordance with Article 168 TFEU, a high level of human health protection is to be ensured in the definition and implementation of all Union policies and activities. The Union is to complement and support national health policies, encourage cooperation between Member States and promote the coordination between their programmes, in full respect of the responsibilities of the Member States for the definition of their health policies and the organisation and delivery of health services and medical care.

(35a)   The Commission should increase participation of Member States and underrepresented organisations by lowering as much as possible the barriers to participation, including the administrative burden of applying for and receiving funding. [Am. 62]

(35b)   One of the main Union objectives is to strengthen health systems by supporting the digital transformation of health and patient care and developing a sustainable health information system as well as supporting national reforms to make health systems more effective, accessible and resilient. [Am. 63]

(36)  Continued effort is required in order to meet the requirements set out in Article 168 TFEU. Keeping all people healthy and active longer in a non-discriminatory way and empowering them to take an active role in managing their health will have positive effects on health, health inequalities, quality of life, productivity, competitiveness and inclusiveness, while reducing pressures on national budgets. Support for, and recognition of, innovation, including social innovation, which has an impact on health, helps in order to take up the challenge of sustainability in the health sector in the context of addressing the challenges of demographic change. Moreover, action to reduce inequalities in health is important for the purposes of achieving 'inclusive growth'. The Commission has been committed to help Member States to reach their sustainable development goals (SDG), in particular SDG 3 "Ensure healthy lives and promote well-being for all at all ages"(15). [Am. 64]

(36a)  According to the definition of the World Health Organisation (WHO), "Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity". In order to improve the health of the population in the Union, it is essential not to focus only on physical health and social well-being. According to the WHO, mental health problems account for almost 40 % of years lived with disability. Mental health problems are also wide-ranging, long-lasting and a source of discrimination, and contribute significantly to inequality in health. Moreover, the economic crisis affects factors determining mental health, as protective factors are weakened and risk factors increased. [Am. 65]

(37)  Evidence and the common values and principles in European Union Health Systems as set out in the Council Conclusions of 2 June 2006 should support the decision-making processes for planning and managing innovative, efficient and resilient health systems, promoting tools for ensuring universal access to quality person-centred healthcare and related care, and the voluntary wider scale implementation of best practices. This includes health promotion and disease prevention services as part of primary healthcare services. [Am. 66]

(37a)  The previous programmes of Union action in the field of public health (2003-2008) and in the field of health (2008-2013 and 2014-2020), established respectively by Decisions No 1786/2002/EC(16) and 1350/2007/EC(17) of the European Parliament and of the Council and Regulation (EU) No 282/2014 of the European Parliament and of the Council(18) ("the previous health programmes"), have been positively assessed as resulting in a number of important developments and improvements. The Health strand of the ESF+ should build on the achievements of the previous health programmes. [Am. 67]

(37b)   The Health strand of the ESF+ should be a means of promoting actions in areas where there is Union added value that can be demonstrated on the basis of the following: exchanging good practices between Member States and between regions; supporting networks for knowledge sharing or mutual learning; supporting qualification of health professionals; addressing cross-border threats to reduce their risks and mitigate their consequences; addressing certain issues relating to the internal market where the Union has substantial legitimacy to ensure high-quality solutions across Member States; unlocking the potential of innovation in health; actions that could lead to a system for benchmarking to allow informed decision-making at Union level; improving efficiency by avoiding a waste of resources due to duplication, and optimising the use of financial resources. [Am. 68]

(38)  The Health strand of the ESF+ should contribute to disease prevention, early diagnosis throughout the lifetime of the Union's citizens people living in the Union and to health promotion by addressing health risk factors such as tobacco use, smoking and passive smoking, harmful use of alcohol, environmental health risk factors, consumption of illicit drugs and reduction of drugs-related health damage, obesity and unhealthy dietary habits, also related to poverty and physical inactivity and foster supportive environments for healthy lifestyles, greater public awareness of risk factors, well-designed public health interventions for reducing the burden and impact of infections and preventable infectious diseases, including through vaccinations, in the overall health throughout life in order to complement Member States action in line with the relevant strategies. In this context, special attention should be given to health education as it helps individuals and communities improve their health, increase their knowledge and influence their attitudes. Current health challenges can only be effectively addressed through collaboration at Union level and continued Union action in the field of health. The Health strand of the ESF+ should support implementation of the relevant Union law, mainstream effective prevention and awareness raising models reaching out to all, innovative technologies and new business models and solutions to contribute to innovative, accessible, efficient and sustainable health systems of the Member States and facilitate access to better and safer healthcare for European citizens people living in the Union in both urban and rural areas. [Am. 69]

(38a)   In order to implement the actions under the Health strand, the Commission should support the creation of a Steering Board for Health. In addition, the Commission should propose ways and methodology for aligning the health-related activities with the European Semester process, now empowered to recommend health systems (and other social determinants of health in fact) reforms towards greater accessibility and sustainability of healthcare and social protection provisions in Member States. [Am. 70]

(39)  Non-communicable diseases are responsible for over 80 % of premature mortality in the Union and an effective prevention entails multiple cross-sectoral actions and cross border dimensions. In parallel, the European Parliament and the Council underlined the need to minimise the public health consequences of serious cross-border threats to health such as sudden and cumulative environmental emissions and pollution, communicable diseases and other biological, chemical, environmental and unknown threats, by supporting preparedness and response capacity building. [Am. 71]

(39a)   Continuous investments in innovative community-based approaches to tackle cross-border diseases such as the epidemics of HIV/AIDS, tuberculosis and viral hepatitis are vital as the social dimension of the diseases is a major factor affecting the ability to tackle them as epidemics in the Union and neighbouring countries. A more ambitious political leadership and adequate technical and financial means to provide a sustainable regional response to the fight against HIV/AIDS, tuberculosis and hepatitis in Europe will be instrumental to reach the targets of the Sustainable Development Goals on these diseases. [Am. 72]

(40)  Reducing the burden of resistant infections and healthcare associated infections and securing the availability of effective antimicrobials, whilst nonetheless reducing their use in order to help tackle antimicrobial resistance, is essential for the efficiency of health systems and for the health of citizens. [Am. 73]

(41)  The Commission has recently made a proposal(19) on Health Technology Assessment (HTA) to support cooperation on health technology assessment at Union level to improve the availability of innovative health technologies to patients across the Union, make better use of available resources and improve business predictability.

(42)  Given the specific nature of some of the objectives covered by the Health strand of the ESF+ and by the type of the actions under that strand, the respective competent authorities of the Member States are best placed to implement the related activities with the active support of civil society. Those authorities, designated by the Member States themselves, and additionally, civil society organisations, as appropriate, should therefore be considered to be identified beneficiaries for the purpose of Article [195]of the Financial Regulation and the grants be awarded to such authorities without prior publication of calls for proposals. [Am. 74]

(42a)   In order to increase the performance of programme monitoring inefficiencies and inadequacies, the Commission should implement and use programmatic and action specific monitoring indicators to ensure that programme objectives are achieved. [Am. 75]

(42b)   The ESF+ programme should address existing obstacles to civil society participation, for example through simplifying the application procedures, easing the financial criteria by waiving the co-financing percentage in some cases, but also through building the capacity of patients, their organisations and other stakeholders through training and education. The programme shall also aim to enable the functioning of civil society networks and organisations at Union level that contribute to the achievement of its objectives, including Union-level organisations. [Am. 76]

(42c)   The implementation of the Health strand of the ESF+ should be such that the responsibilities of the Member States, for the definition of their health policy and for the organisation and delivery of health services and medical care, are respected. Whilst respecting Treaty obligations and the role of Member States as the primary interlocutor in the Union decision-making process, competent authorities at sub-national level should be engaged in order to ensure an effective and lasting impact of Union health policy through their integration with social policies on the ground. [Am. 77]

(43)  The European Reference Networks (ERNs) are networks involving healthcare providers across Europe to tackle rare, low prevalence and complex diseases and conditions that require highly specialised treatment, and concentrated knowledge and resources. The ERNs are approved as Networks by the Board of Member States of the European Reference Networks, following the approval procedure set out in Commission Implementing Decision 2014/287/EU(20). Those networks, should therefore be considered to be identified beneficiaries for the purpose of Article [195] of the Financial Regulation and the grants to the ERNs be awarded without prior publication of calls for proposals.

(44)  EU health legislation has an immediate impact on the lives of citizen, on the efficiency and resilience of the health systems and the good functioning of the internal market. The regulatory framework for medical products and technologies (medicinal products, medical devices and substances of human origin), as well as on tobacco legislation, patients' rights on cross-border health and serious cross-border threats to health is essential to health protection in the EU. Regulation, as well its implementation and enforcement, must keep pace with innovation and research advances and with societal changes in this area, while delivering In addition, many other Union legal acts have significant impacts on health objectives. It is therefore necessary to continuously develop the evidence base required for implementing legislation of such a scientific nature such as those relating to food and food labelling, air pollution, endocrine disruptors and pesticides. In some cases, the cumulative impacts of environmental risk factors are not clearly understood, potentially leading to unacceptable risks to citizens' health. [Am. 78]

(44a)   Regulation with health implications, as well as its implementation and enforcement, should keep pace with innovation and research advances and with societal change in this area, whilst remaining underpinned by the precautionary principle, as enshrined in the Treaties. It is therefore necessary to continuously develop the evidence base required for implementing legislation of such scientific nature and, in order to ensure the possibility of independent scrutiny thereby re-gaining public trust in Union processes and because, by its very nature the sharing of this evidence is in the public interest, the highest level of transparency should be guaranteed. [Am. 79]

(44b)   Facing health challenges cannot be done by the health sector alone, as health is determined by multiple factors outside of it. Hence, as stated in the Maastricht and Amsterdam Treaties, health in all policies is important for the Union's ability to face future challenges. However, making other sectors aware of the health impacts of their decisions and to integrate health into their policies is one of the biggest challenges the European health sector currently encounters. Important advances in health have been registered so far through policies in sectors such as education, traffic, nutrition, agriculture, labour, or planning. As an example, heart health has registered significant improvements through changes in policies and regulations regarding the quality of food, increased physical activity and decreased smoking. [Am. 80]

(45)  In order to maximise the effectiveness and efficiency of actions at Union and international level, cooperation should be developed with relevant international organisations such as the United Nations and its specialised agencies, in particular the World Health Organisation (WHO), as well as with the Council of Europe and the Organisation for Economic Co-operation and Development (OECD) to implement the Health strand.

(46)  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 Regulation will contribute to mainstream climate action in the Union's policies and to the achievement of an overall target of 25 % of the EU budget expenditures supporting climate objectives over the MFF 2021-2027 period, and an annual target of 30 % as soon as possible and at the latest by 2027. Relevant actions will be identified during the preparation and implementation, and reassessed in the context of the mid-term evaluation. [Am. 81]

(47)  Pursuant to Article [94 of Council Decision 2013/755/EU(21)], persons and entities established in Overseas Countries and Territories (OCTs) are to be eligible for funding subject to the rules and objectives of the Employment and Social Innovation and Health strands and possible arrangements applicable to the Member State to which the relevant OCTs are linked. The programme will need to allow for the particular constraints affecting persons and entities established in those territories in order to provide for proper access to those strands. [Am. 82]

(48)  Subject to complying with all the relevant rules and regulations, 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. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorising officer responsible, the European Anti-Fraud Office as well as the European Court of Auditors to comprehensively exert their respective competences. [Am. 83]

(49)  In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(22), Council Regulation (EC, Euratom) No 2988/95(23), Council Regulation (Euratom, EC) No 2185/96(24) and Council Regulation (EU) 2017/1939(25), the financial interests of the Union are to be protected through proportionate measures in accordance with the Financial Regulation and other applicable rules, 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 criminal offences 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 EU-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(26). 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 grand equivalent rights.

(50)  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, 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 EU funding.

(50a)   It is important to ensure sound and fair financial management of the Fund to guarantee that it is implemented in such a way as to make it as clear, effective and easy to use as possible, while guaranteeing legal certainty and ensuring that it is accessible to all participants. As ESF+ activities are carried out under shared management, the Member States should not add additional rules or amend the rules as they go, as that would complicate the use of the funds for the beneficiaries and may lead to a delay in the payment of invoices. [Am. 84]

(51)  Since the objective of this Regulation, namely enhancing the effectiveness and fairness of labour markets and promoting access to quality employment, improving the access to and the quality of education, and training and care, promoting social inclusion, equal opportunities, and health and reducing eradicating poverty as well as the actions under the Employment and Social Innovation and Health strands, cannot be sufficiently achieved by the Member States but can rather, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. [Am. 85]

(52)  In order to amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending and supplementing the annexes on the indictors. It is of particular importance that the Commission carries 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 on Better Law-Making of 13 April 2016(27). 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.

(53)  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. The implementing powers relating to the model for the structured survey of end recipients should be exercised in accordance with the advisory procedure of Article 4 of Regulation (EU) No 182/2011 of European Parliament and of the Council(28) given the nature of this model,

HAVE ADOPTED THIS REGULATION:

Part I

General provisions

Article 1

Subject matter

This Regulation establishes the European Social Fund Plus (ESF+). ESF+ consists of three strands: the strand under shared management, the Employment and Social Innovation strand and the Health strand.

It This Regulation lays down the objectives of the ESF+, the budget for the period 2021-2027, the methods of implementation, the forms of Union funding and the rules for providing such funding, complementing the general rules applicable to ESF+ under Regulation (EU) .../... [the new CPR]. [Am. 86]

Article 2

Definitions

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

(1)  'accompanying measures' means activities provided in addition to the distribution of food and/or basic material assistance with the aim of addressing social exclusion and eradicating poverty such as referring to and providing social services and psychological support, providing relevant information on public services or advice on managing a household budget;

(2)  ‘associated country’ means a third country which is party to an agreement with the Union allowing for its participation in the Employment and Social Innovation and Health strands of the ESF+ in accordance with Article 30;

(3)  'basic material assistance' means goods which fulfil the basic needs of a person for a life with dignity, such as clothing, hygiene goods, including feminine hygiene products, and school material;

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

(5)  ‘common immediate result indicators’ means common result indicators which capture effects within four weeks as from the day the participant leaves the operation (exit date);

(6)  ‘common longer term result indicators’ means common result indicators which capture effects six and twelve months after a participant has left the operation;

(7)  'costs of purchasing food and/or basic material assistance' means the actual costs linked to the purchase of food and/or basic material assistance by the beneficiary and not limited to the price of the food and/or basic material assistance;

(7a)  ‘cross-border partnerships’ in the Employment and Social Innovation strand means permanent structures of cooperation between public employment services, civil society or the social partners located in at least two Member States;

(8)  'end recipient' means the most deprived person or persons receiving the support as laid down in point (xi) of Article 4(1);

(9)  ‘health crisis’ means any crisis commonly perceived as a threat, having a health dimension and which requires urgent action by authorities under conditions of uncertainty;

(10)  'legal entity' means any natural person, or any legal person created and recognised as such under national law, Union law or international law, which has a legal personality and which may, acting in its own name, exercise rights and be subject to obligations;

(11)  'microfinance' includes guarantees, microcredit, equity and quasi-equity, coupled with accompanying business development services such as in the form of individual counselling, training and mentoring, extended to persons and micro-enterprises that experience difficulties accessing credit for the purpose of professional and/or revenue-generating activities;

(12)  micro-enterprise' means an enterprise with fewer than 10 employees and an annual turnover or balance sheet below EUR 2 000 000;

(13)  'most deprived persons' means natural persons, whether individuals, families, households or groups composed of such persons, including children and homeless people, whose need for assistance has been established according to the objective criteria set by the national competent authorities in consultation with relevant stakeholders, while avoiding conflicts of interest and which are approved by those national competent authorities and which may include elements that allow the targeting of the most deprived persons in certain geographical areas;

(14)  'reference value’ means a value to set targets for common and programme specific result indicators which is based on existing or previous similar interventions;

(15)  'social enterprise' means an a social economy undertaking, regardless of its legal form, or a natural person which who:

(a)  in accordance with its Articles of Association, Statutes or with any other legal document that may result in liability under the rules of the Member State where it is located, has as its primary social objective the achievement of measurable, positive social, including environmental, impacts rather than generating profit for other purposes, and which provides services or goods that generate a social return, and/or employs methods of production of goods or services that embodies social objectives;

(b)  uses reinvests most of its profits first and foremost to achieve its primary social objective, and has predefined procedures and rules covering any distribution of profits that ensure that such distribution does not undermine the primary social objective;

(c)  is managed in an entrepreneurial, democratic, participatory, accountable and transparent way, in particular by involving workers, customers and stakeholders impacted by its business activities;

(15a)  ‘social economy enterprise’ means different types of enterprises and entities falling within the social economy, such as cooperatives, mutuals, associations, foundations, social enterprises and other forms of enterprises regulated by the laws of the individual Member States and based on the primacy of the individual and social objectives over capital, democratic governance, solidarity and the reinvestment of the majority of profits or surpluses;

(16)  'social innovations' mean activities, including collective activities, that are social both as to their ends and their means and in particular those which relate to the development and implementation of new ideas (concerning products, services, practices and models) that simultaneously meet social needs and create new social relationships or collaborations, including between public, third sector organisations such as voluntary and community organisations and social economy enterprises, thereby benefiting society and boosting its capacity to act;

(17)  'social experimentations' mean policy interventions that offer an innovative response to social needs, implemented on a small scale and in conditions that enable their impact to be measured, prior to being implemented in other, including geographical and sectorial, contexts or on a larger scale, if the results prove convincing;

(18)  'key competences' means the knowledge, skills and competences all individuals need, at any stage of their lives, for personal fulfilment and development, employment, social inclusion and active citizenship. The key competences are: literacy; multilingual; mathematics, science, technology, arts and engineering; digital; media; personal, social and learning to learn; citizenship; entrepreneurship; (inter)cultural awareness and expression and critical thinking;

(19)  'third country' means a country that is not member of the European Union.

(19a)  ‘disadvantaged groups’ means targeted groups with a high level of people experiencing or at risk of poverty, discrimination or social exclusion, including among others ethnic minorities such as Roma, third-country nationals, including migrants, elderly people, children, single parents, persons with disabilities or persons with chronic diseases;

(19b)  ‘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, general education, vocational education and training, higher education and adult education, and resulting in an improvement in knowledge, skills, competences, and possibilities to participate in society.

2.  The definitions in Article [2] of Regulation (EU) .../... [the new CPR] shall also apply for the ESF+ strand under shared management.

2a.  The definitions in Article 2 of Regulation (EU) 2018/1046 also apply to the Employment and Social Innovation strand and to the Health strand under direct and indirect management. [Am. 87]

Article 3

General objectives and methods of implementation

The ESF+ aims to shall support Member States, at national, regional and local level, and the Union to achieve inclusive societies, high levels of quality employment, levels, fair job creation, quality and inclusive education and training, equal opportunities, eradicating poverty, including child poverty, social inclusion and integration, social cohesion, social protection and a skilled and resilient workforce ready for the future world of work.

The ESF+ shall be in line with the Treaties of the European Union and the Charter, delivering on the principles set out in the European Pillar of Social Rights, thereby contributing to the goals of the Union as regards to strengthening economic, social and territorial cohesion in accordance with Article 174 TFEU and the commitment of the Union and its Member States to achieve the Sustainable Development Goals and commitments made under the Paris Agreement.

The ESF+ shall support, complement and add value to the policies of the Member States to ensure equal opportunities, equal access to the labour market, fair lifelong learning, high quality working conditions, social protection, integration and inclusion, eradicating poverty, including child poverty, investment in children and young people, non-discrimination, gender equality, access to basic services and a high level of human health protection. [Am. 88]

It shall be implemented:

(a)  under shared management, for the part of the assistance which corresponds to the specific objectives indicated in Article 4(1) (the ‘ESF+ strand under shared management’), and

(b)  under direct and indirect management for the part of the assistance which corresponds to the objectives indicated in Articles 4(1) and 23 (the ‘Employment and Social Innovation strand’) and for the part of the assistance which corresponds to the objectives indicated in Articles 4(1) and (3) and 26 (the ‘Health strand’).

Article 4

Specific objectives

1.  The ESF+ shall support the following specific objectives in the policy areas of employment, education, mobility, social inclusion, poverty eradication and health and thereby also contributing to the policy objective for “A more social Europe - Implementing the European Pillar of Social Rights” set out in Article [4] of Regulation (EU) .../... [the new CPR]:

(i)  improving access to quality employment and activation measures of all jobseekers, in particular youth and specific measures for young people, especially though the implementation of the Youth Guarantee, long-term unemployed, and of economically inactive people and disadvantaged groups, with focus on persons furthest away from the labour market, promoting employment, self-employment, entrepreneurship and the social economy;

(ii)  modernising labour market institutions and services to assess and anticipate skills needs and ensure timely and tailor-made assistance and support to labour market matching, transitions and mobility;

(iii)  promoting women’s labour market participation and career progression, promoting the principle of equal pay for equal work, a better work/life balance, with a special focus on single parents, including access to affordable, inclusive and quality childcare, early childhood education, eldercare, and other care services and support; and a healthy and well–adapted working environment addressing health and disease risks, adaptation of workers, professional reorientation, enterprises and entrepreneurs to change, and active and healthy ageing;

(iv)  improving the quality, inclusiveness, effectiveness and labour market relevance of education and training systems, to support acquisition of key competences including entrepreneurial and digital skills and recognising non-formal and informal learning, to promote e-inclusion and facilitate the transition from education to work, in order to reflect social and economic requirements;

(v)  promoting equal access to and completion of, high quality, affordable and inclusive education and training, in particular for disadvantaged groups and carers, from early childhood education and care through general and vocational education and training, and to tertiary level, as well as adult education and learning, including facilitating addressing early school leaving, promoting the introduction of dual-training systems, apprenticeships, learning mobility for all and accessibility for persons with disabilities;

(vi)  promoting lifelong learning, notably flexible upskilling and reskilling opportunities for all taking into account entrepreneurial and digital skills, better anticipating change and new skills requirements based on labour market needs, facilitating career transitions and promoting professional mobility and full participation in society;

(vii)  fostering active inclusion with a view to promoting equal opportunities, non-discrimination and active participation, and improving employability, in particular for disadvantaged groups;

(viii)  promoting long-term socio-economic integration of third country nationals, and of marginalised communities such as the Roma including migrants;

(viiia)  fighting discrimination against and promoting the socio-economic integration of marginalised communities such as Roma;

(ix)  enhancing the equal and timely access to quality, sustainable, accessible and affordable services, including services for access to housing and person-centred healthcare and related care; modernising social security institutions, public employment services, social protection and social inclusion systems, including promoting access to equal social protection, with a particular focus on children and disadvantages groups and the most deprived people; improving accessibility including for persons with disabilities, effectiveness and resilience of healthcare systems and long-term care services;

(ixa)  increasing the accessibility for persons with disabilities with a view to improving their inclusion in employment, education and training;

(x)  promoting social integration of people experiencing or at risk of poverty or and/or social exclusion, including the most deprived and children;

(xi)  addressing material deprivation through food and/or basic material assistance to the most deprived, including accompanying measures, aiming to ensure their social inclusion, with an emphasis on children in vulnerable situations.

2.  Through the actions implemented under the ESF+ strand under shared management to achieve the specific objectives referred to in paragraph 1, the ESF+ shall also aims to contribute to the other policy objectives listed in Article [4] of Regulation (EU) .../... [the new CPR], in particular those related to:

1.  a smarter Europe through the development of skills for smart specialisation, skills for key enabling technologies, industrial transition, sectorial cooperation on skills and entrepreneurship, the training of researchers, networking activities and partnerships between higher education institutions, vocational and educational training (VET) institutions, research and technological centres, medical and healthcare centres and enterprises and clusters, support to micro, small and medium sized enterprises and the social economy taking into account social economy laws and frameworks established in the Member States;

2.  a greener, low carbon Europe through the improvement of education and training systems necessary for the adaptation of skills and qualifications, awareness raising among the population about sustainable development and lifestyles, the upskilling of all, including the labour force, the creation of new jobs in sectors related to the environment, climate and energy, circular economy and the bioeconomy;

2a.  a Union that is closer to citizens through poverty reduction and social inclusion measures taking into account the specificities of urban, rural and coastal regions in view of tackling the socioeconomic inequalities in cities and regions;

2b.  under the Employment and Social Innovation Strand, the ESF+ shall support the development, implementation monitoring and evaluation of the Union’s instruments, policies and relevant law and promote evidence-based policy making, social innovation and social progress in partnership with the social partners, civil society organisations and public and private bodies (specific objective 1); it shall promote workers’ voluntary geographical mobility on a fair basis and boost employment opportunities (specific objective 2); it shall promote employment and social inclusion by increasing the availability and accessibility of microfinance for micro-enterprises and social economy enterprises, in particular for vulnerable people (specific objective 3);

3.  Under the Health strand, the ESF+ shall support contribute to a high level of human health promotion protection and disease prevention, including through the promotion of physical activity and promotion of health education, contribute to effectiveness, accessibility and resilience of health systems, make healthcare safer, reduce health inequalities, increase life expectancy at birth, protect citizens from cross-border health threats, foster disease prevention and early diagnosis, and health promotion throughout the lifetime and strengthen and support EU health health-related legislation, including in the area of environmental health, and fostering Health in all Union policies. The Union’s health policy shall be guided by SDG to ensure that the Union and Member States reach the targets of SDG 3 "Ensure healthy lives and promote well-being for all at all ages”. [Am. 89]

Article 5

Budget

1.  The total financial envelope for the ESF+ for the period 2021-2027 shall be EUR 101 174 000 000 EUR 106 781 000 000 in 2018 prices (EUR 120 457 000 000 in current prices).

2.  The part of the financial envelope for the ESF+ strand under shared management under the Investment for Jobs and Growth goal shall be EUR 100 000 000 000 in current prices or EUR 88 646 194 590 in 2018 prices EUR 105 686 000 000 in 2018 prices (EUR 119 222 000 000 in current prices) of which EUR 200 000 000 in current prices or or EUR 175 000 000 in 2018 prices shall be allocated for transnational cooperation supporting innovative solutions as referred to in Article 23(i), EUR 5 900 000 000 shall be allocated for measures falling under the European Child Guarantee referred to in Article 10a, and EUR 400 000 000 in current prices or EUR 376 928 934 in 2018 prices as additional funding to the outermost regions identified in Article 349 TFEU and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession.

3.  The financial envelope for the Employment and Social Innovation strand and the Health strand for the period 2021-2027 shall be EUR 1 174 000 000 EUR 1 095 000 000 in 2018 prices (EUR 1 234 000 000 in current prices).

4.  The indicative distribution of the amount referred in paragraph 3 shall be:

(a)  EUR 761 000 000 EUR 675 000 000 in 2018 prices (EUR 761 000 000 in current prices) for the implementation of the Employment and Social Innovation strand;

(b)  EUR 413 000 000 EUR 420 000 000 in 2018 prices (EUR 473 000 000 in current prices; or 0,36 % of the MFF 2021-2027) for the implementation of the Health strand.

5.  The amounts referred to in paragraphs 3 and 4 may also be used for technical and administrative assistance for the implementation of the programmes, such as preparatory, monitoring, control, audit and evaluation activities including corporate information technology systems. [Am. 90]

Article 6

Gender equality between men and women and equal opportunities, and non-discrimination

1.  All programmes implemented under the ESF+ strand under shared management, as well as the operations supported by the Employment and Social Innovation and Health strands shall ensure gender equality between men and women throughout their preparation, implementation, monitoring and evaluation. They shall also support specific actions aimed at increasing the participation of women in working life and their professional development as well as conciliation between working and personal life, promote equal opportunities for all, without discrimination based on sex, racial or ethnic origin, religion or belief, disability or health condition, age or sexual orientation, including the accessibility to persons with disabilities also in terms of ICT, throughout their preparation, implementation, monitoring and evaluation, thereby enhancing social inclusion and reducing inequalities.

2.  The Member States and the Commission shall also support specific targeted actions to promote the principles referred to in paragraph 1 within any of the objectives of the ESF+, including the transition from residential/institutional care to family and community-based care and improving universal accessibility for persons with disabilities. [Am. 91]

Part II

Implementation under the ESF+ strand under shared management

Chapter I

Common provisions on programming

Article 7

Consistency and thematic concentration

1.  Member States shall concentrate the ESF+ resources under shared management on interventions that address the challenges identified in their national reform programmes, in the European Semester as well as in the relevant country-specific recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) TFEU, and take into account principles and rights set out in the European Pillar of Social Rights, the Social Scoreboard under the European Semester and regional specificities thereby contributing to the goals of the Union set out in Article 174 TFEU as regards to strengthening economic, social and territorial cohesion and that are fully in line with the Paris Agreement and the UN Sustainable Development Goals.

Member States and, where appropriate the Commission, shall foster synergies and ensure coordination, complementarity and coherence between the ESF+ and other Union funds, programmes and instruments such as the European Regional Development Fund (ERDF), the European Globalisation Adjustment Fund (EGF), the European Maritime and Fisheries Fund, InvestEU, Creative Europe, the Rights and Values Instrument, Erasmus, the Asylum and Migration Fund, the post-2020 EU Framework for National Roma Integration Strategies and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument, both in the planning phase and during implementation. Member States and, where appropriate the Commission, shall optimise mechanisms for coordination to avoid duplication of effort and ensure close cooperation between those Managing Authorities responsible for implementation to deliver integrated approaches, coherent and streamlined support actions.

2.  Member States shall allocate an appropriate amount of their ESF+ resources under shared management to address challenges identified in relevant country-specific recommendations adopted in accordance with Article 121(2) TFEU and Article 148(4) TFEU and in the European Semester falling within the scope of the ESF+ as set out in Article 4 of this Regulation.

3.  Member States shall allocate at least 25 % 27 % of their ESF+ resources under shared management to the specific objectives for the social inclusion policy area set out in points (vii) to (xi) (x) of Article 4(1), including the promotion of the socio-economic integration of third country nationals.

3a.  Within the specific objectives for the social inclusion policy area set out in points (vii) to (x) of Article 4(1), Member States shall allocate at least 5 % of their ESF+ resources under shared management to targeted actions aiming at implementing the European Child Guarantee, in order to contribute to children’s equal access to free healthcare, free education, free childcare, decent housing and adequate nutrition.

4.  In addition to the minimum allocation of at least 27 % of the ESF+ resources under shared management to the specific objectives set out in points (vii) to (x) of Article 4(1), Member States shall allocate at least 2 % 3 % of their ESF+ resources under shared management to the specific objective of addressing social inclusion of the most deprived and/or material deprivation set out in point points (x) and (xi) of Article 4(1).

In duly justified cases, the resources allocated to the specific objective set out in point (x) of Article 4(1) and targeting the most deprived may be taken into account for verifying compliance with the minimum allocation of at least 2 % set out in the first subparagraph of this paragraph.

5.  Member States having a rate of young people aged 15 to 29 not in employment, education or training above the Union average in 2019 on the basis of Eurostat data, shall allocate at least 10 % 3 % of their ESF+ resources under shared management for the years 2021 to 2025 to targeted actions and structural reforms to support youth employment and school-to-work transition, pathways to reintegrate into education or training and second chance education, in particular in the context of implementing Youth Guarantee schemes.

Member States having a rate of young people aged 15 to 29 not in employment, education or training (NEET) above the Union average in 2019 or where the NEET rate is above 15 % on the basis of Eurostat data, shall allocate at least 15 % of their ESF+ resources under shared management for the years 2021 to 2025 in the programming period to the above mentioned actions and structural reform measures, paying special attention to those regions more affected taking into account the divergences between them.

When programming the ESF+ resources under shared management for 2026 and 2027 at mid-term in accordance with Article [14] of Regulation (EU) .../... [the new CPR], Member States having a rate of young people aged 15 to 29 not in employment, education or training above the Union average in 2024 or where the NEET rate is above 15 % on the basis of Eurostat data, shall allocate at least 10 % 15 % of their ESF+ resources under shared management for the years 2026 to 2027 to these actions or structural reform measures.

Outermost regions meeting the conditions set out in the first second and second third subparagraphs shall allocate at least 15 % of the ESF+ resources under shared management in their programmes to the targeted actions set out in the first subparagraph. This allocation shall be taken into account for verifying compliance with the minimum percentage at national level set out in the first and second subparagraphs. That allocation shall not replace funding necessary for infrastructure and development for outermost regions.

When implementing such actions, Member States shall give priority to inactive and long-term unemployed young people and put in place targeted outreach measures.

6.  Paragraphs 2 to 5 shall not apply to the specific additional allocation received by the outermost regions and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession.

7.  Paragraphs 1 to 5 shall not apply to technical assistance. [Am. 92]

Article 7a

Respect for fundamental rights

Member States and the Commission shall ensure respect for fundamental rights and compliance with the Charter in the implementation of the funds.

Any cost incurrent for action that is not in line with the Charter shall not be eligible in accordance with Article 58(2) of Regulation (EU) .../... [the new CPR], and Delegated Regulation (EU) No 240/2014. [Am. 93]

Article 8

Partnership

1.  In accordance with [Article 6] of Regulation (EU) .../... [the new CPR] and with the Delegated Regulation (EU) No 240/2014, each Member State shall ensure, adequate in partnership with local and regional authorities, a meaningful participation of social partners and civil society organisations, equality bodies, national human rights institutions and other relevant or representative organisations in the programming and delivery of employment, education, non-discrimination and social inclusion policies and initiatives supported by the ESF+ strand under shared management. Such meaningful participation shall be inclusive and accessible to persons with disabilities.

2.  Member States shall allocate an appropriate amount at least 2 % of ESF+ resources under shared management in each programme for the capacity building of social partners and civil society organisations at Union and national level in the form of training, networking measures, and strengthening of the social dialogue, and to activities jointly undertaken by the social partners. [Am. 94]

Article 9

Addressing material deprivation

The resources referred to in Article 7(4) regarding social inclusion of the most deprived and/or material deprivation shall be programmed under a dedicated priority or programme. The co-financing rate for this priority or programme is set, at least, at 85 %. [Am. 95]

Article 10

Support to youth employment

Support in accordance with Article 7(5) shall be programmed under a dedicated priority or programme and it shall support the specific objective set out in point (i) of Article 4(1). [Am. 96]

Article 10a

Support to the European Child Guarantee

Support in accordance with Article 7(3a) shall be programmed under a dedicated priority or programme reflecting the 2013 European Commission Recommendation on Investing in Children. It shall support for tackling child poverty and social exclusion within the specific objectives set out in points (vii) to (x) of Article 4(1). [Am. 97]

Article 11

Support to relevant country-specific recommendations

The actions addressing the challenges identified in relevant country-specific recommendations and in the European Semester as referred to in Article 7(2) shall be programmed under one or more dedicated priorities any of the specific objectives referred to in Article 4(1). Member States shall ensure complementarity, coherence, coordination and synergies with the European Pillar of Social Rights.

Sufficient flexibility shall be ensured at Managing Authority level to identify priorities and areas for ESF+ investments in line with the specific local or regional challenges. [Am. 98]

Article 11a

Integrated territorial development

1.  The ESF+ may support integrated territorial development within programmes under both goals referred to in [Article 4(2)] of Regulation (EU) .../... [the new CPR] in accordance with Chapter II of Title III of that Regulation.

2.  Member States shall implement integrated territorial development, supported by the ESF+, exclusively through the forms referred to in Article [22] of Regulation (EU) .../... [the new CPR]. [Am. 99]

Article 11b

Transnational cooperation

1.  Member States may support transnational cooperation actions under a dedicated priority.

2.  Transnational cooperation actions may be programmed under any of the specific objectives set out in points (i) to (x) of Article 4(1).

3.  The maximum co-financing rate for this priority may be increased to 95% for the allocation of maximum 5 % of the national ESF+ allocation under shared management to such priorities. [Am. 100]

Chapter II

General support of the ESF+ strand under shared management

Article 12

Scope

This Chapter applies to ESF+ support under points (i) to (x) of Article 4(1) when implemented under shared management (the ‘general support of the ESF+ strand under shared management’). In addition, Article 13 also applies to ESF+ support under point (xi) of Article 4(1). [Am. 101]

Article 13

Social innovative actions

1.  Member States shall support actions of social innovation and/or social experimentations, or strengthen including those with a socio-cultural component, using bottom-up approaches based on partnerships involving public authorities, the social partners, social economy enterprises, the private sector, and civil society such as the Local Action Groups designing and implementing community-led local development strategies.

1a.  Member States shall identify, either in their operational programmes or at a later stage during implementation, fields for social innovation and social experimentations that correspond to the Member States' specific needs.

2.  Member States may support the upscaling of innovative approaches tested on a small-scale (social innovation and social experimentations, including those with a socio-cultural component) developed under the Employment and Social Innovation strand and other Union programmes.

3.  Innovative actions and approaches may be programmed under any of the specific objectives set out in points (i) to (x) of Article 4(1).

4.  Each Member State shall dedicate at least one priority to the implementation of paragraphs 1 or 2 or to both. The maximum co-financing rate for these priorities may be increased to 95 % for the allocation of maximum 5 % of the national ESF+ allocation under shared management to such priorities. [Am. 102]

Article 14

Eligibility

1.  In addition to the costs referred to in Article [58] of Regulation .../... [the new CPR], the following costs are not eligible under the general support of the ESF+ strand under shared management:

(a)  the purchase of land and real estate, and the provision purchase of infrastructure, and

(b)  the purchase of furniture, equipment and vehicles except where the purchase is absolutely necessary for achieving the objective of the operation, or these items are fully depreciated, or the purchase of these items is the most economic option.

2.  Contributions in kind in the form of allowances or salaries disbursed by a third party for the benefit of the participants in an operation may be eligible for a contribution from the general support of the ESF+ strand under shared management provided that the contributions in kind are incurred in accordance with national rules, including accountancy rules, and do not exceed the cost borne by the third party.

3.  The specific additional allocation received by the outermost regions and the NUTS level 2 regions fulfilling the criteria laid down in Article 2 of Protocol No 6 to the 1994 Act of Accession shall be used to support the achievement of the specific objectives set out in Article 4(1) of this Regulation.

4.  Direct staff costs shall be eligible for a contribution from the general support of the ESF+ strand under shared management. provided that If a collective agreement applies, they shall be determined according to that agreement. If no collective agreement applies, their level is shall not be higher than 100 % of the usual remuneration for the or the specific expertise concerned in the Member State or region as demonstrated by relevant documentary justification provided by the respective Managing Authority and/or Eurostat data. [Am. 103]

Article 15

Indicators and reporting

1.  Programmes benefitting from the general support of the ESF+ strand under shared management shall use common output and result indicators, as set out in Annex I or Annex IIa for actions targeting social inclusion of the most deprived within point (x) of Article 4(1), to this Regulation to monitor progress in implementation. The programmes may also use programme-specific indicators and action-specific indicators.

2.  The baseline for common and programme-specific output indicators shall be set at zero. Where relevant to the nature of the operations supported, cumulative quantified milestones and target values for those indicators shall be set in absolute numbers. The reported values for the output indicators shall be expressed in absolute numbers.

3.  The reference value for common and programme-specific result indicators for which a cumulative quantified milestone for 2024 and a target value for 2029 have been set, shall be fixed using the latest available data or other relevant sources of information. Targets for common result indicators shall be fixed in absolute numbers or as a percentage. Programme-specific result indicators and related targets may be expressed in quantitative or qualitative terms. The reported values on common result indicators shall be expressed in absolute numbers.

4.  Data on the indicators for participants shall only be transmitted when all data required under point (1a) of Annex I relating to that participant are available.

4a.  The data referred to in paragraph 3 shall include a gender impact assessment to monitor the implementation of the ESF+ programmes with regard to gender equality and be disaggregated by sex.

5.  Member States shall may, when data are available in registers or equivalent sources, enable the Managing Authorities and other bodies entrusted with data collection necessary for the monitoring and the evaluation of the general support of the ESF+ strand under shared management to obtain those data from data registers or equivalent sources, in accordance with points (c) and (e) of Article 6(1) of Regulation (EU) 2016/679.

6.  The Commission is empowered to adopt delegated acts in accordance with Article 38 to amend the indicators in Annex I and Annex IIa where considered necessary to ensure effective assessment of progress in the implementation of programmes. [Am. 104]

Chapter III

ESF+ support for addressing material deprivation

Article 16

Scope

This Chapter applies to ESF+ support under point (xi) of Article 4(1).

Article 17

Principles

1.  The ESF+ support for addressing material deprivation may only be used to support the distribution of food and goods that are in conformity with the Union law on consumer product safety.

2.  Member States and beneficiaries shall choose the food and/or the basic material assistance on the basis of objective criteria related to the needs of the most deprived persons. The selection criteria for the food products, and where appropriate for goods, shall also take into consideration climatic and environmental aspects, in particular with a view to reduction of food waste and single-use plastic. Where appropriate, the choice of the type of food products to be distributed shall be made having considered their contribution to the balanced diet of the most deprived persons.

The food and/or basic material assistance may be provided directly to the most deprived persons or indirectly through electronic vouchers or cards, provided that they can only be redeemed against food and/or basic material assistance as set out in Article 2(3) and are not replacing any existing social benefit.

The food provided for the most deprived persons may be obtained from the use, processing or sale of the products disposed of in accordance with Article 16(2) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council(29), provided that this is economically the most favourable option and does not unduly delay the delivery of the food products to the most deprived persons.

Any amount derived from such a transaction shall be used for the benefit of the most deprived persons, in addition to the amounts already available to the programme.

3.  The Commission and the Member States shall ensure that aid provided in the framework of the ESF+ support for addressing material deprivation respects the dignity and prevents stigmatisation of the most deprived persons.

4.  The delivery of food and/or material assistance may shall be complemented with re-orientation towards competent services and other accompanying measures aiming at the social inclusion of the most deprived persons. [Am. 105]

Article 18

Content of the priority

A priority concerning support under point (xi) of Article 4(1) shall set out:

(a)  the type of support;

(b)  the main target groups.

(c)  a description of the national or regional schemes of support

In the case of programmes limited to this type of support and the related technical assistance, the priority shall also include the criteria for the selection of operations.

Article 19

Eligibility of operations

1.  The food and/or basic material assistance provided to the most deprived persons may be purchased by or on behalf of the beneficiary or made available free of charge to the beneficiary.

2.  The food and/or basic material assistance shall be distributed free of charge to the most deprived persons.

Article 20

Eligibility of expenditure

1.  The eligible costs of the ESF+ support for addressing material deprivation shall be:

(a)  the costs of purchasing food and/or basic material assistance, including costs related to transporting food and/or basic material assistance to the beneficiaries delivering the food and/or basic material assistance to the end recipients;

(b)  where the transport of the food and/or basic material assistance to the beneficiaries distributing them to the end recipients is not covered by point (a), the costs borne by the purchasing body related to transporting food and/or basic material assistance to the storage depots and/or the beneficiaries and storage costs at a flat-rate of 1 % of the costs referred to in point (a) or, in duly justified cases, costs actually incurred and paid;

(c)  the administrative, transport and storage costs borne by the beneficiaries involved in the distribution of the food and/or basic material assistance to the most deprived at a flat-rate of 5 % of the costs referred to in point (a); or 5 % of the costs of the value of the food products disposed of in accordance with Article 16 of Regulation (EU) No 1308/2013;

(d)  the cost of collection, transport, storage and distribution of food donations and directly related awareness raising activities;

(e)  the costs of accompanying measures undertaken by or on behalf of beneficiaries and declared by the beneficiaries delivering the food and/or basic material assistance to the most deprived persons at a flat- rate of 5 % 5,5 % of the costs referred to in point (a).

2.  A reduction of the eligible costs referred to in point (a) of paragraph 1 because the body responsible for the purchase of food and/or basic material assistance did not comply with applicable law, shall not lead to a reduction of the eligible costs set out in points (c) and (e) of paragraph 1.

3.  The following costs shall not be eligible:

(a)  interest on debt;

(b)  provision purchase of infrastructure;

(c)  costs of second-hand goods of reduced quality. [Am. 106]

Article 21

Indicators and reporting

1.  Priorities addressing material deprivation shall use common output and result indicators, as set out in Annex II to this Regulation to monitor progress in implementation. These programmes may also use programme-specific indicators.

2.  The reference values for common and programme-specific result indicators shall be established. Reporting requirements shall be kept as simple as possible.

3.  By 30 June 2025 and 30 June 2028, Managing Authorities shall report to the Commission the results of a structured anonymous survey of the end recipients carried out during the previous year and also focusing on their living conditions and the nature of their material deprivation. This survey shall be based on the model which shall be established by the Commission by means of an implementing act.

4.  The Commission shall adopt an implementing act establishing the model to be used for the structured survey of end recipients in accordance with the advisory procedure referred to in Article 39(2) in order to ensure uniform conditions for the implementation of this Article.

5.  The Commission is empowered to adopt delegated acts in accordance with Article 38 to amend the indicators in Annex II where considered necessary to ensure effective assessment of progress in the implementation of programmes. [Am. 107]

Article 22

Audit

Audit of operations may cover all stages of its implementation and all levels of the distribution chain, with the sole exception of control of the end recipients, unless a risk assessment establishes a specific risk of irregularity or fraud. The audit of operations shall include more controls in the early stages of implementation so that in case of risk of fraud the funds may be re-directed to other projects. [Am. 108]

Part III

Implementation under direct and indirect management

Chapter I

Specific rules for the Employment and Social Innovation strand

Section I

General provisions

Article 23

Operational objectives

The Employment and Social Innovation strand has the following operational objectives:

(a)  to develop high-quality comparative analytical knowledge in order to ensure that policies to achieve the specific objectives referred to in Article 4 are based on sound evidence and are relevant to needs, challenges and conditions in the associated countries;

(b)  to facilitate effective and inclusive information-sharing, mutual learning, peer reviews and dialogue on policies in the fields referred to in Article 4 in order to assist the associated countries in taking appropriate policy measures;

(c)  to support social experimentations in the fields referred to in Article 4 and build up the stakeholders' capacity to prepare, design and implement, transfer or upscale the tested social policy innovations with a special focus on promoting the scaling up of local projects developed by cities, local and regional authorities, social partners, civil society organisations and socio-economic actors in the field of reception and social inclusion and integration of third-country nationals;

(d)  to develop and provide specific support services to employers and job-seekers with a view to the development of integrated European labour markets, ranging from pre-recruitment preparation to post-placement assistance to fill vacancies in certain sectors, professions, countries, border regions or for particular groups (e.g. people in vulnerable people situations);

(da)  to support cross-border partnerships between public employment services, civil society and social partners to promote a cross-border labour market and cross-border mobility with adequate conditions;

(db)  to support the provision of EURES services for the recruitment and placing of workers in quality and sustainable employment through the clearance of job vacancies and applications, including through cross-border partnerships;

(dc)  to facilitate the voluntary geographical mobility of workers with adequate social conditions and increase employment opportunities through the development of high-quality and inclusive labour markets in the Union, which are open and accessible to all, while respecting workers' rights throughout the Union;

(e)  to support the development of the market eco-system related to the provision of microfinance, as well as its availability and accessibility for micro-enterprises, social economy enterprises and vulnerable people in start-up and development phases, in particular those that employ people in vulnerable people situations including disadvantage groups;

(f)  to support networking at Union level and dialogue with and among relevant stakeholders in the fields referred to in Article 4 and contribute to build up the institutional capacity of these involved stakeholders, including the public employment services (PES), social security institutions, civil society, microfinance institutions and institutions providing finance to social economy enterprises and social economy;

(g)  to support the development of social economy enterprises and the emergence of a social investment market, facilitating public and private interactions and the participation of foundations and philanthropic actors in that market;

(h)  to provide guidance for the development of social infrastructure (including housing, early childhood education and care, eldercare, accessibility requirements and transition from institutional to family and community-based care services including accessibility requirements for persons with disabilities, child care and education and training, health care and long term care) needed for the implementation of the European Pillar of Social Rights;

(i)  to support transnational cooperation to accelerate the transfer of, and to facilitate the scaling of, innovative solutions, in particular for the areas of combating poverty, employment, skills and social inclusion, across Europe.

(j)  to support the implementation of relevant international social and labour standards in the context of harnessing globalisation and the external dimension of Union policies in the fields referred to in Article 4. [Am. 109]

Article 23a

Thematic concentration and funding

The part of the ESF+ financial envelope for the Employment and Social Innovation Strand referred to in Article 5(4)(a) shall be allocated over the whole period to the specific objectives set out in Article 4(2b) according to the following indicative percentages:

(a)  55 % to the specific objective 1;

(b)  18 % to the specific objective 2;

(c)  18 % to the specific objective 3. [Am. 110]

Section II

Eligibility

Article 24

Eligible actions

1.  Only actions pursuing the objectives referred to in Article 3 and 4 shall be eligible for funding.

2.  The Employment and Social Innovation strand may support the following actions:

(a)  Analytical activities, including in relation to third countries, in particular:

(i)  surveys, studies, statistical data, methodologies, classifications, micro-simulations, indicators, support to European-level observatories and benchmarks;

(ii)  social experimentations evaluating social innovations;

(iii)  monitoring and assessment of the transposition and application of Union law;

(b)  Policy implementation, in particular:

(i)  cross-border partnerships and support services in cross-border regions;

(ii)  an EU-wide labour targeted mobility scheme at Union level to fill job vacancies where labour market shortcomings have been identified;

(iii)  support to microfinance and social economy enterprises, including through blending operations such as asymmetric risk sharing or reducing transaction costs, as well as support to the development of social infrastructure and skills;

(iv)  support to transnational cooperation and partnership with a view to transferring and upscaling innovative solutions;

(c)  Capacity building, in particular:

(i)  of networks at Union level related to the fields referred to in Article 4(1);

(ii)  of national contact points providing guidance, information and assistance related the implementation of the strand;

(iii)  of participating countries administrations, social security institutions and employment services responsible for promoting labour mobility, of microfinance institutions and of institutions providing finance to social economy enterprises or other social investment actors, as well as networking;

(iv)  of the social partners and stakeholders in view of transnational cooperation;

(d)  Communication and dissemination activities, in particular:

(i)  mutual learning through exchange of good practices, innovative approaches, results of analytical activities, peer reviews, and benchmarking;

(ii)  guides, reports, informative material and media coverage of initiatives related to the fields referred to in Article 4(1);

(iii)  information systems disseminating evidence related to the fields referred to in Article 4(1);

(iv)  Council Presidency events, conferences and seminars technical and administrative assistance for the implementation of the work programme, such as preparatory, monitoring, control, audit and evaluation activities including information technology systems. [Am. 111]

Article 25

Eligible entities

1.  In addition to the criteria set out in Article [197] of the Financial Regulation, the following criteria shall apply for entities to be eligible:

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

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

(ii)  an associated country ;

(iii)  a third country listed in the work programme under the conditions specified in paragraphs 2 and 3;

(b)  Any legal entity created under Union law or any relevant international organisation. [Am. 112]

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

3.  Legal entities established in a third country which is not an associated country should in principle bear the cost of their participation.

Article 25a

Governance

1.  The Commission shall consult stakeholders within the Union, in particular social partners and civil society organisations, on the employment and social innovation work programmes, their priorities and strategic orientation and their implementation.

2.  The Commission shall establish the necessary links with the Employment Committee, the Social Protection Committee, the Advisory Committee on Health and Safety at Work, the Group of Directors-General for Industrial Relations and the Advisory Committee on Freedom of Movement of Workers in order to ensure that they are regularly and appropriately informed of progress in implementing these programmes. The Commission shall also inform other committees dealing with policies, instruments and actions of relevance to the Employment and Social innovation Strand. [Am. 113]

Chapter II

Specific provisions for the Health strand

Section I

General provisions

Article 26

Operational objectives

1.  Only actions implementing the objectives referred to in Articles 3 and 4 shall be eligible for funding.

2.  The Health strand has the following operational objectives:

(-a)  Support a Union public health strategy aiming to:

(i)  support Member States in their efforts to protect and enhance public health; and

(ii)  advance the Union's mission in health in accordance with Article 168 TFEU, which stipulates that a high level of human health protection shall be ensured in the definition and implementation of all Union policies and activities. [Am. 114]

(a)  Strengthen crisis-preparedness, management and response in the Union to protect citizens against address cross-border health threats. [Am. 115]

(i)  Capacity-building measures for crisis preparedness, management and response

(ii)  Respond to cross-border health threats during crisis

(iii)  Support laboratory capacity

(iv)  Addressing antimicrobial resistance

(iva)   Well-designed public health interventions for reducing the burden and impact of infection and preventable infectious diseases [Am. 116]

(ivb)   Support the development of skills and tools for effective risk communication [Am. 117]

(b)  Empower health systems

(i)  Invest in health promotion and disease prevention, including through health literacy and education programmes, and through the promotion of physical activity [Am. 118]

(ia)  Invest in early diagnosis and screening [Am. 119]

(ii)  Support the digital transformation of health and care that address the needs and concerns of patients and citizens, in particular by establishing links to programmes that support media literacy and digital skills [Am. 120]

(iia)   Promote digital public services in areas such as health [Am. 121]

(iib)   Strengthen the security and quality of health information [Am. 122]

(iii)  Support the development of a sustainable, transparent and accessible Union health information system, whilst ensuring protection of private data [Am. 123]

(iv)  Support Member States with knowledge transfer and implementation support useful for the national reform processes for more effective, accessible, and resilient, non-discriminatory, inclusive and equitable health systems tackling social inequalities, and better health promotion and disease prevention addressing, in particular, the challenges identified in the European Semester. This also includes supporting high-quality national registries that shall also deliver comparable data. [Am. 124]

(v)  Develop and implement approaches responding to future health system challenges

(va)   Support the transition towards person-centred care, proximity health and social services, and community-based integrated care, in particular promoting organizational models based on interprofessional teamwork and multi-stakeholders networking [Am. 125]

(vb)   Ensure the engagement of all relevant stakeholders in the above actions, at Union and/or national level as appropriate [Am. 126]

(vc)   Develop and implement tools and strategies to prevent and tackle health inequalities and to promote social inclusion, citizen empowerment and community participation [Am. 127]

(c)  Support Union health legislation

(i)  support the implementation of the legislation on medicinal products, access to such products throughout the Union and medical devices [Am. 128]

(ii)  Support the implementation of Union legislation on Health Technology Assessment (HTA)(30)

(iii)  Monitor and support Member States in their implementation of legislation in the area of substances of human origin (SoHO)

(iv)  Support the implementation of tobacco legislation

(v)  Support the implementation of Union legislation in the area of cross-border healthcare

(vi)  Support to the Commission' scientific committees on "Consumer Safety" and on " the development of Health in All Policies and establish processes by which health, Environmental and Emerging Risks" implications can be considered and taken into account in all policies [Am. 129]

(ca)  Support the monitoring of, implementation of, and strengthen, other Union law and policies with health implications so as to help ensure a high level of protection of human health, including but not limited to those relating to:

(i)  air pollution

(ii)  endocrine disruptors and other chemicals with harmful properties

(iii)  pesticide residues in food, water and air

(iv)  food and food labelling, including on transfatty acids, alcohol labelling, additives and food contact materials [Am. 130]

(d)  Support integrated work (e.g. ERNs, HTA and implementation of best practices for the promotion of health, prevention and management of diseases)

(i)  Continue support for the European Reference Networks (ERNs)

(ii)  Support the development of cooperation and capacity-building in on Health Technology Assessment (HTA) in preparation of new harmonised rules [Am. 131]

(iii)  Support the implementation of best practices for innovation in public health

(iiia)   Support the implementation of programmes and best practices on sexual and reproductive health education and campaigns for young people [Am. 132]

(iiib)   Support Union-level civil society organisations working on health and health related issues [Am. 133]

(iiic)  Support the creation of a Steering Board for Health for implementing the actions under the Health strand. [Am. 134]

Section II

Eligibility

Article 27

Eligible actions

1.  Only actions related to health pursuing the objectives referred to in Articles 3, 4 and 26 are eligible for funding. [Am. 135]

2.  The Health strand may support the following actions:

(a)  Analytical activities, in particular:

(i)  surveys, studies, collection of data, methodologies, classifications, micro-simulations, indicators, and benchmark exercises;

(ia)   activities designed to monitor the cumulative health impacts of environmental risk factors, including those arising from contaminants in food, water, air and other sources; [Am. 136]

(ib)   activities monitoring the health impacts of Union law, such as pharmacovigilance and similar; [Am. 137]

(ii)  monitoring and assessment of the transposition and application of Union law.

The results of analytical activities, once finalised, shall be made publicly available. [Am. 138]

(b)  Policy implementation, in particular:

(i)  cross-border collaboration and partnerships, including in cross-border regions and including in relation to air pollution and other cross-border environmental contamination; [Am. 139]

(ii)  support to transnational cooperation and partnerships with a view to transferring and upscaling innovative solutions;

(iii)  Health crisis preparedness exercises.

(c)  Capacity building, in particular:

(i)  through exchange, transfer, adaptation and roll-out of best practices with established Union level added value between Member States; [Am. 140]

(ii)  of EU-level networks related to the fields referred to in Article 26, in a continuous and sustainable way, ensuring the presence of an active civil society at Union level; [Am. 141]

(iii)  through support for the deployment, operation and maintenance of an IT infrastructure for data exchange;

(iv)  of regional, subnational and national contact points providing guidance, information and assistance related the implementation of the programme; [Am. 142]

(v)  of stakeholders in view of transnational cooperation;

(vi)  through assistance in cooperation with third countries;

(vii)  through procurement of goods and services in case of health crisis.

(d)  Communication and dissemination activities, in particular:

(i)  mutual learning through exchange of good practices, innovative approaches, results of analytical activities, peer reviews, and benchmarking;

(ii)  guides, reports, informative material and media coverage of initiatives related to the fields referred to in Article 26;

(iii)  information systems disseminating evidence related to the fields referred to in Article 26;

(iv)  Council Presidency events and respective preparatory actions, conferences and seminars.

3.  The actions referred to in the second paragraph shall only be eligible insofar as they support the creation of economies of scale, the improvement of crisis preparedness, the rolling out of identified, high added value best practices, or aim to ensure that Union rules in the areas referred to in Article 26(3) are implemented, enforced, evaluated and reviewed where necessary.

Article 28

Eligible entities and costs

1.  In addition to the criteria set out in Article 197 of the Financial Regulation, the following criteria shall apply for entities to be eligible:

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

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

(ii)  an associated country;

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

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

2.  Natural persons are not eligible.

3.  Legal entities established in a third country which is not an associated country 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 an associated country should in principle bear the cost of their participation.

5.  In exceptional cases, during a crisis caused by a serious cross-border health threat as defined in Decision (EU) 1082/2013 of the European Parliament and of the Council(31), costs incurred in non-associated countries may be considered exceptionally eligible if they are duly justified for reasons of countering the spread of the risk for the protection of health of EU citizens.

Article 29

Governance

The Commission shall consult the health authorities of the Member States in the Steering Group on Health Promotion, Disease Prevention and Management of Non-Communicable Diseases or in other relevant Commission expert group or similar entities such as professional bodies in the health sector, on the annual work plans established for the Health strand and its priorities and strategic orientations and its implementation, and also on the health policy perspective of other policies and support mechanisms, thus increasing their overall coordination and added value. Strong political leadership and adequate governance structure dedicated to health will ensure that health protection and promotion is guaranteed across all Commission portfolios, according to Article 168(1) TFEU. [Am. 143]

Article 29a

Steering Board for Health

1.  The Commission shall establish a Steering Board for Health (‘the Steering Board’) for implementing the actions under the Health strand.

2.  The Steering Board shall focus on creating synergies between the Health strand and other programmes where a health dimension is integrated, through coordination and cooperation, promoting patients and society engagement, and providing scientific advice and recommendations. Those actions shall provide value oriented health actions, sustainability, better health solutions, foster access and reduce health inequalities.

3.  The Steering Board shall provide a comprehensive strategy and steering in developing the work plans under the Health strand.

4.  The Steering Board shall be an independent stakeholder group, composed of actors from relevant sectors in the field of public health, wellbeing and social protection, with participation of representatives of regions and local health authorities, patient representatives and citizens.

5.  The Steering Board shall be composed of 15 to 20 high level individuals drawn from across disciplines and activities referred to in paragraph 4. The members of the Steering Board shall be appointed by the Commission, following an open call for nominations or for expression of interests or both.

6.  The Chair of the Steering Board shall be appointed by the Commission from among its members.

7.  The Steering Board shall:

(a)  provide input to annual work plans for the Health strand, following a proposal from the Commission;

(b)  elaborate a blueprint for steering coordination and cooperation between the Health strand and other programmes where health dimension is integrated.

The blueprint shall facilitate ensuring visibility and coordination of all the existing financial mechanisms relevant to health, and shall help steering coordination and cooperation. [Am. 144]

Article 29b

International cooperation

The Commission shall develop cooperation with relevant international organisations such as the United Nations and its specialised agencies, in particular the World Health Organisation (WHO), as well as with the Council of Europe and the Organisation for Economic Co-operation and Development (OECD) to implement the Health strand, in order to maximise the effectiveness and efficiency of actions at Union and international level. [Am. 145]

Chapter III

Common Rules applicable to the Employment and Social Innovation and Health strands

Article 30

Participation of third countries associated to the Employment and Social Innovation and Health strands

1.  The Employment and Social Innovation and Health strands shall be open to the following associated 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)  third countries, in accordance with the conditions laid down in a specific agreement covering its participation to the strand, provided that the agreement

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

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

(iii)  does not confer to the third country a decisional power on the strand;

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

2.  In addition, the Health strand shall also be open to 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.

Article 31

Forms of EU funding and methods of implementation

1.  The Employment and Social Innovation and Health strands may provide funding in any of the forms laid down in the Financial Regulation, in particular grants, prizes, procurement, contributions, and voluntary payments to International Organisations of which the Union is a member or in whose work it participates. [Am. 146]

2.  The Employment and Social Innovation and Health strands shall be implemented directly as provided for by the Financial Regulation or indirectly with bodies referred to in Article [61(1)(c)] of the Financial Regulation.

When awarding grants, the evaluation committee referred to in Article [150] of the Financial Regulation may be composed of external experts.

3.  Blending operations under the Employment and Social Innovation strand shall be implemented in accordance with the [InvestEU regulation] and Title X of the Financial Regulation.

4.  Under the Health strand, direct grants may be awarded without a call for proposals to fund actions having a clear Union added value co-financed by the competent authorities that are responsible for health in the Member States or in the third countries associated to the Programme, or by public sector bodies and non-governmental bodies, acting individually or as a network, mandated by those competent authorities.

5.  Under the Health strand, direct grants may be awarded without a call for proposals to European Reference Networks that are approved as Networks by the Board of Member States of the European Reference Networks, following the approval procedure set out in Commission Implementing Decision 2014/287/EU setting out criteria for establishing and evaluating European Reference Networks and their Members and for facilitating the exchange of information and expertise on establishing and evaluating such Networks.

Article 32

Work programme and coordination

The Employment and Social Innovation strand and Health strand Commission shall be implemented adopt delegated acts in accordance with Article 38 in order to supplement the Employment and Social Innovation strand and the Health strand by establishing work programmes as referred to in Article [108] of Financial Regulation. Work Those work programmes shall set out, where applicable, the overall amount reserved for blending operations. [Am. 147]

The Commission shall foster synergies and ensure effective coordination between the Health strand of ESF+ and the Reform Support Programme, including the Reform Delivery Tool and the Technical Support Instrument

Article 33

Monitoring and reporting

1.  Indicators to monitor implementation and progress of the strands towards the achievement of the specific objectives set out in Article 4 and the operational objectives set out in Articles 23 and 26 shall be set.

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

3.  The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement or amend the indicators in Annex Annexes IIb and III where considered necessary to ensure effective assessment of progress in the implementation of the strands.

3a.  With a view to regular monitoring of the strands and to making any adjustments needed to their policy and funding priorities, the Commission shall draw up an initial qualitative and quantitative monitoring report covering the first year, followed by three reports covering consecutive two-year periods and shall submit those reports to the European Parliament and the Council. The reports shall also be submitted, for information, to the European Economic and Social Committee and the Committee of the Regions. The reports shall include the results of the strands and the extent to which the principles of equality between women and men and gender mainstreaming have been applied, as well as how anti-discrimination considerations, including accessibility issues, have been addressed through their activities. The reports shall be made available to the public in order to enhance the transparency of the strands. [Am. 148]

Article 34

Protection of the financial interests of the Union

Where a third country participates in the programme by a decision under an international agreement, 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 35

Evaluation

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

2.  The interim By 31 December 2024, the Commission shall carry out a mid-term evaluation of the strands may be performed once there is sufficient information available about their implementation, but not later than four years after the start of the implementation of the strands. in order to:

(a)  measure, on a qualitative and quantitative basis, progress made in meeting the objectives of the strand;

(b)  address the social environment within the Union and any major changes introduced by Union law;

(c)  determine whether the resources of the strands have been used efficiently and to assess its Union added value.

The results of that mid-term evaluation shall be presented to the European Parliament and to the Council. [Am. 149]

3.  At the end of the implementation period, but no later than four years after the end of the period specified in Article 5, a final evaluation of the strands shall be carried out by the Commission.

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.

Article 36

Audits

Audits on the use of the Union contribution carried out by persons or entities, including by other than those mandated by the Union Institutions or bodies, shall form the basis of the overall assurance pursuant to Article 127 of the Financial Regulation.

Article 37

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 targeted information to multiple audiences, including the media and the public.

2.  The Commission shall implement information and communication actions relating to the Employment and Social Innovation and Health strands, and their actions and results. Financial resources allocated to the Employment and Social Innovation and Health strands 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 Articles 4, 23 and 26. [Am. 150]

Part IV

Final Provisions

Article 38

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 15(6), Article 21(5), Article 32 and Article 33(3) shall be conferred on the Commission for an indeterminate period of time from date of entry into force of this Regulation.

3.  The delegation of power referred to in Article 15(6), Article 21(5), Article 32 and Article 33(3) 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 15(6), Article 21(5), Article 32 and Article 33(3) 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. [Am. 151]

Article 39

Committee Procedure for the ESF+ strand under shared management

1.  The Commission shall be assisted by the committee referred to in Article [109(1)] of Regulation (EU) .../... [the new CPR].

2.  Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Article 40

Committee under Article 163 TFEU

1.  The Commission shall be assisted by the Committee set up under Article 163 TFEU (the ‘ESF+ Committee’).

2.  Each Member State shall appoint one government representative, one representative of the workers' organisations, one representative of the employers' organisations, one representative of civil society, one representative of the equality bodies or other independent human rights institutions in accordance with point (c) of [Article 6(1)] of Regulation (EU) .../... [the new CPR] and one alternate for each member for a maximum period of seven years. In the absence of a member, the alternate shall be automatically entitled to take part in the proceedings.

3.  The ESF+ Committee shall include one representative from each of the organisations representing workers' organisations, and employers' organisations and civil society organisations at Union level.

3a.  The ESF+ Committee may invite representatives of the European Investment Bank and the European Investment Fund.

3b.  Gender balance and appropriate representation of minority and other excluded groups in the ESF+ Committee shall be safeguarded.

4.  The ESF+ Committee shall be consulted on the planned use of technical assistance in the case of support from the ESF+ strand under shared management, as well as on other issues having an impact on the implementation of strategies at Union level relevant to the ESF+;

5.  The ESF+ Committee may deliver opinions on:

(a)  questions related to the ESF+ contribution to the implementation of the European Pillar of Social Rights, including country-specific recommendations and semester-related priorities (national reform programmes, etc.);

(b)  issues concerning Regulation (EU) .../... [the new CPR] relevant for the ESF+;

(c)  questions related to the ESF+ referred to it by the Commission other than those referred to in paragraph 4.

The opinions of the ESF+ Committee shall be adopted by an absolute majority of the votes validly cast, and shall be communicated to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, for information. The Commission shall inform the ESF+ Committee in writing of the manner in which it has taken account of its opinions.

6.  The ESF+ Committee may set up working groups for each of the strands of the ESF+. [Am. 152]

Article 41

Transitional provisions for the ESF+ under shared management

Regulation (EU) No 1304/2013 of the European Parliament and of the Council(32), Regulation (EU) No 223/2014 of the European Parliament and of the Council(33) or any act adopted thereunder shall continue to apply to programmes and operations supported by the European Social Fund and the Fund for European Aid to the Most Deprived under the 2014-2020 programming period.

Article 42

Transitional provisions for the Employment and Social Innovation strand and the Health strand

1.  Regulation (EU) No 1296/2013 of the European Parliament and of the Council(34) and Regulation (EU) No 282/2014 are repealed with effect from 1 January 2021.

2.  The financial envelope for the Employment and Social Innovation strand and the Health strand may also cover technical and administrative assistance expenses necessary to ensure the transition between the ESF+ and the measures adopted under its predecessors: the Employment and Social Innovation programme and the Union Programme for Health.

3.  If necessary, appropriations may be entered in the budget beyond 2027 to cover the expenses provided for in Article 5(6) [technical and administrative assistance], to enable the management of actions not completed by 31 December 2027.

4.  Reflows from financial instruments established by Employment and Social Innovation programme (EaSI 2014-2020) shall be invested in the financial instruments of the “social window” of the InvestEU Fund established under Regulation (EU) xxx/xxx.

Article 43

Entry into force

This Regulation shall enter into force on the twentieth day following 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(35)

Common indicators for the general support of the ESF+ strand under shared management

All personal data are to be broken down by gender (female, male, 'non binary'). If certain results are not possible available, data for those results do not have to be collected and reported. Sensitive personal data can be surveyed anonymously.

(1)  Common output indicators related to operations targeting people:

(1a)  Common output indicators for participants

–  The common output indicators for participants are:

–  unemployed, including long-term unemployed*,

–  long-term unemployed*,

–  inactive*,

–  employed, including self-employed*,

–   not in education or training (NEET)*,

–  children below 30 18 years of age*,

–   young people between 18-29 years of age*,

–  above 54 years of age*,

–  with lower secondary education or less (ISCED 0-2)*,

–  with upper secondary (ISCED 3) or post-secondary education (ISCED 4)*,

–  with tertiary education (ISCED 5 to 8)*.

The total number of participants is to be calculated automatically on the basis of the common output indicators relating to employment status.

(1b)  Other common output indicators

If data for these indicators is not collected from data registers, values on these indicators can be determined based on informed estimates by the beneficiary. Data is always provided by participants on a voluntary basis.

–  participants with disabilities**,

–  participants below 18 years of age*,

–  third country nationals*,

–  participants with a foreign background*,

—  minorities (including marginalised communities such as the other than from the Roma) community**,

—  participants from the Roma community**,

–  homeless or affected by housing exclusion*,

–  participants from rural areas*,

–  participants from geographical areas with high levels of poverty and social exclusion*,

–  participants transitioning from institutional to family and community based care**.

(2)  Common output indicators for entities are:

–  number of supported public administrations or public services at national, regional or local level,

–  number of supported micro, small and medium-sized enterprises (including cooperative enterprises, social enterprises).

(3)  The common immediate result indicators for participants are:

–  participants engaged in job searching upon leaving*,

–  participants in education or training upon leaving*,

–  participants gaining a qualification upon leaving*,

–  participants in employment, including self-employment, upon leaving*.

(4)  Common longer-term result indicators for participants:

–  participants in employment, including self-employment, six and twelve months after leaving*,

–  participants with an improved labour market situation six and twelve months after leaving*,

As a minimum requirement, these data are to be collected based on a representative sample of participants within each specific objective. Internal validity of the sample is to be ensured in such a way that the data can be generalised at the level of the specific objective. [Am. 153]

ANNEX II

Common indicators for ESF+ support for addressing material deprivation

(1)  Output indicators

(a)  Total monetary value of distributed food and goods.

(i)  total value of the food support;

(ia)  total monetary value of food for children;

(ib)  total monetary value of food for the homeless;

(ic)  total monetary value of food for other target groups.

(ii)  total value of goods distributed

(iia)  total monetary value of goods for children;

(iib)  total monetary value of goods for the homeless;

(iic)  total monetary value of goods for other target groups.

(b)  Total quantity of food support distributed (tons).

Thereof(36):

(a)  share of food for which only transport, distribution and storage were paid for by the programme (in %);

(b)  proportion of the ESF+ co-financed food products in the total volume of food distributed the beneficiaries (in %)

(2)  Common result indicators(37)

Number of the end recipients receiving food support

–  Number of children below 18 years of age

–  Number of youths aged 18-29 years;

–  Number of end recipients above 54 years of age,

–  Number of end recipients with disabilities,

–  Number of third country nationals;

–  Number of end recipients with a foreign background and minorities (including marginalised communities such as the other than from the Roma community),

–  participants from the Roma community,

–  Number of homeless end recipients or end-recipients affected by housing exclusion.

Number of the end recipients receiving material support

–  Number of children below 18 years of age

–  Number of youths aged 18-29 years

–  Number of end recipients above 54 years of age,

–  Number of end recipients with disabilities,

–  Number of third country nationals

–  Number of end recipients with a foreign background and minorities (including marginalised communities such as the other than from the Roma community),

–  participants from the Roma community,

–  Number of homeless end recipient or end recipients affected by housing exclusion.[Am. 154]

ANNEX IIa

Common indicators for ESF+ support for promoting social inclusion for the most deprived people

Output indicators

(1)  Total number of people who receive help towards social inclusion.

Of which:

(a)  number of children aged 15 or younger;

(b)  number of persons aged 65 or older;

(c)  number of women;

(d)  number of people with a foreign background and minorities (other than from the Roma community);

(e)  participants from the Roma community;

(f)  number of homeless people. [Am. 155]

ANNEX IIb

Indicators for the Employment and Social Innovation Strand

1.  Level of declared gain of better understanding of Union policies and legislation

(1)  Number of analytical activities,

(2)  Number of mutual learning, awareness and dissemination activities,

(3)  Support for main actors

2.  Level of active collaboration and partnership between government institutions of the Union, Member States and associated countries

(1)  Number of analytical activities,

(2)  Number of mutual learning, awareness and dissemination activities,

(3)  Support for main actors

3.  Declared use of social policy innovation in the implementation of social CSRs and the results of social policy experimentation for policy making

(1)  Number of analytical activities,

(2)  Number of mutual learning, awareness and dissemination activities,

(3)  Support for main actors

4.  Number of visits of the EURES platform

5.  Number of youth job placements achieved or supported under the Preparatory Action Your First EURES Job (YfEJ) as well as under Targeted Mobility Schemes

6.  Number of individual personal contacts of EURES advisers with jobseekers, job changers and employers

7.  Number of businesses created or consolidated that have benefitted from Union support

8.  Proportion of beneficiaries that have created or further developed a business with Union microfinance that are unemployed or belonging to disadvantaged groups [Am. 156]

ANNEX III

Indicators for the Health Strand

Level of integrated work in the health area and of use of the results of the programme in national health policies

1.  Number of patients supported by European Reference Networks

2.  Number of health technology joint clinical assessments beneficiaries (professionals, citizens, patients) affected by the results of the programme [Am. 157]

3.  Number of best practices transferred health technology joint clinical assessments [Am. 158]

4.  Degree of use of the results of the programme in national health policy as measured by a "before and after" questionnaire Number of best practices transferred [Am. 159]

4a.   Degree of use of the results of the programme in regional and national health policies or tools as measured by validated methods [Am. 160]

(1) OJ C 62, 15.2.2019, p. 165.
(2) OJ C 86, 7.3.2019, p. 84.
(3)This position corresponds to the amendments adopted on 16 January 2019 (Texts adopted, P8_TA(2019)0020).
(4) OJ C 62, 15.2.2019, p.165.
(5) OJ C 86, 7.3.2019, p. 84.
(6) Position of the European Parliament of 4 April 2019.
(7) 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).
(8)Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1).
(9) Directive (EU) 2018/2002 of the European Parliament and Council of 11 December 2018 amending Directive 2012/27/EU on energy efficiency (OJ L 328, 21.12.2018, p.210).
(10) OJ C 484, 24.12.2016, p. 1.
(11) Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market (OJ L 307, 18.11.2008, p. 11).
(12) http://data.consilium.europa.eu/doc/document/ST-9302-2015-INIT/en/pdf.
(13) Commission Delegated Regulation (EU) No 240/2014 of 7 January 2014 on the European code of conduct on partnership in the framework of the European Structural and Investment Funds (OJ L 74, 14.3.2014, p. 1).
(14) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(15) COM(2016)0739
(16) Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003-2008) (OJ L 271, 9.10.2002, p. 1)
(17) Decision No 1350/2007/EC of the European Parliament and of the Council of 23 October 2007 establishing a second programme of Community action in the field of health (2008-13) (OJ L 301, 20.11.2007, p. 3)
(18) Regulation (EU) No 282/2014 of the European Parliament and of the Council of 11 March 2014 on the establishment of a third Programme for the Union's action in the field of health (2014-2020) and repealing Decision No 1350/2007/EC (OJ L 86, 21.3.2014, p. 1).
(19) COM(2018)0051
(20)Commission Implementing Decision 2014/287/EU of 10 March 2014 setting out criteria for establishing and evaluating European Reference Networks and their Members and for facilitating the exchange of information and expertise on establishing and evaluating such Networks (OJ L 147, 17.5.2014, p. 79).
(21) 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).
(22) 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 L 248, 18.9.2013, p. 1).
(23) 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).
(24) 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).
(25) 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).
(26) 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).
(27)OJ L 123, 12.5.2016, p. 13.
(28) 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).
(29)Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
(30) COM(2018)0051
(31) Decision (EU) 1082/2013 of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC (OJ L 293, 5.11.2013, p. 1).
(32) Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006 (OJ L 347, 20.12.2013, p. 470).
(33) Regulation (EU) No 223/2014 of the European Parliament and of the Council of 11 March 2014 on the Fund for European Aid to the Most Deprived (OJ L 72, 12.3.2014, p. 1).
(34) Regulation (EU) No 1296/2013 of the European Parliament and of the Council of 11 December 2013 on a European Union Programme for Employment and Social Innovation ("EaSI") and amending Decision No 283/2010/EU establishing a European Progress Microfinance Facility for employment and social inclusion (OJ L 347, 20.12.2013, p. 238).
(35) Data reported under the indicators marked with * are personal data according to Article 4(1) of Regulation (EU) 2016/679. Data reported under the indicators marked with ** are a special category of data according to Article 9 of Regulation (EU) 2016/679.
(36) Values on these indicators shall be determined based on the informed estimation by the beneficiaries
(37) Ibid.


Computerising the movement and surveillance of excise goods ***I
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Resolution
Text
European Parliament legislative resolution of 4 April 2019 on the proposal for a decision of the European Parliament and of the Council on computerising the movement and surveillance of excise goods (recast) (COM(2018)0341 – C8-0215/2018 – 2018/0187(COD))
P8_TA(2019)0351A8-0010/2019

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0341),

–  having regard to Article 294(2) and Article 114(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0215/2018),

–  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 Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(2),

–  having regard to the letter of 18 December 2018 sent by the Committee on Legal Affairs to the Committee on Economic and Monetary Affairs in accordance with Rule 104(3) of its Rules of Procedure,

–  having regard to the undertaking given by the Council representative by letter of 27 February 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 104 and 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Economic and Monetary Affairs (A8-0010/2019),

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;

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 4 April 2019 with a view to the adoption of Decision (EU) 2020/… of the European Parliament and of the Council on computerising the movement and surveillance of excise goods (recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Decision (EU) 2020/263.)

(1) OJ C 62, 15.2.2019, p. 108.
(2) OJ C 77, 28.3.2002, p. 1.


Re-use of public sector information ***I
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Resolution
Text
European Parliament legislative resolution of 4 April 2019 on the proposal for a directive of the European Parliament and of the Council on the re-use of public sector information (recast) (COM(2018)0234 – C8-0169/2018 – 2018/0111(COD))
P8_TA(2019)0352A8-0438/2018

(Ordinary legislative procedure – recast)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0234),

–  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 (C8‑0169/2018),

–  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),

–  after consulting the Committee of the Regions,

–  having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts(2),

–  having regard to the letter of 14 June 2018 sent by the Committee on Legal Affairs to the Committee on Industry, Research and Energy in accordance with Rule 104(3) of its Rules of Procedure,

–  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 6 February 2019 to approve the Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on Industry, Research and Energy and the opinions of the Committee on the Internal Market and Consumer Protection, the Committee on Culture and Education and the Committee on Civil Liberties, Justice and Home Affairs (A8-0438/2018),

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, 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 4 April 2019 with a view to the adoption of Directive (EU) 2019/… of the European Parliament and of the Council on open data and the re-use of public sector information (recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2019/1024.)

(1)OJ C 62, 15.2.2019, p. 238.
(2) OJ C 77, 28.3.2002, p. 1.


Multiannual recovery plan for Mediterranean swordfish ***I
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Resolution
Text
European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council on a multiannual recovery plan for Mediterranean swordfish and amending Regulations (EC) No 1967/2006 and (EU) 2017/2107 (COM(2018)0229 – C8-0162/2018 – 2018/0109(COD))
P8_TA(2019)0353A8-0389/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0229),

–  having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0162/2018),

–  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 19 September 2018(1),

–  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 6 February 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 Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Fisheries and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0389/2018),

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 4 April 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council on a multiannual recovery plan for Mediterranean swordfish and amending Council Regulation (EC) No 1967/2006 and Regulation (EU) 2017/2107 of the European Parliament and of the Council

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2019/1154.)

(1) OJ C 440, 6.12.2018, p. 174.


Minimum level of training of seafarers ***I
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Resolution
Text
European Parliament legislative resolution of 4 April 2019 on the proposal for a directive of the European Parliament and of the Council amending Directive 2008/106/EC on the minimum level of training of seafarers and repealing Directive 2005/45/EC (COM(2018)0315 – C8-0205/2018 – 2018/0162(COD))
P8_TA(2019)0354A8-0007/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0315)),

–  having regard to Article 294(2) and Article 100(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8-0205/2018),

–  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),

–  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 15 February 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 Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Transport and Tourism and the opinion of the Committee on Employment and Social Affairs (A8-0007/2019),

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 4 April 2019 with a view to the adoption of Directive (EU) 2019/… of the European Parliament and of the Council amending Directive 2008/106/EC on the minimum level of training of seafarers and repealing Directive 2005/45/EC on the mutual recognition of seafarers' certificates issued by the Member States

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2019/1159.)

(1) OJ C 110, 22.3.2019, p. 125.


Adjustment of annual pre-financing for the years 2021 to 2023 ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards the adjustment of annual pre-financing for the years 2021 to 2023 (COM(2018)0614 – C8-0396/2018 – 2018/0322(COD))
P8_TA(2019)0355A8-0181/2019

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2018)0614),

–  having regard to Article 294(2) and Article 177 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0396/2018),

–  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 24 January 2019(1),

–  after consulting the Committee of the Regions,

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

–  having regard to the report of the Committee on Regional Development (A8-0181/2019),

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 4 April 2019 with a view to the adoption of Regulation (EU) 2019/… of the European Parliament and of the Council amending Regulation (EU) No 1303/2013 as regards the adjustment of annual pre-financing for the years 2021 to 2023

P8_TC1-COD(2018)0322


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 177 thereof,

Having regard to the proposal from the European Commission,

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

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

After consulting the Committee of the Regions,

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

Whereas:

(1)  Regulation (EU) No 1303/2013 of the European Parliament and of the Council(4) lays down the common and general provisions applicable to the European Structural and Investment Funds.

(2)  Evidence suggests that the annual pre-financing is set at a particularly high level in comparison with financial management requirements stemming from the implementation of operational programmes; this is in particular the case for the budgetary years 2021 to 2023.

(3)  In order to ease the pressure on payment appropriations in the Union budget for the budgetary years 2021 to 2023 and to enhance the predictability of payment requirements and thus contribute to more transparent budgetary planning and a more orderly payment profile, the rate of annual pre-financing for those years should be decreased.

(4)  Regulation (EU) No 1303/2013 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Article 134(2) of Regulation (EU) No 1303/2013 is amended as follows:

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

"— 2020: 3 %";

"

(b)  The following indent is added:"

"— 2021 to 2023: 1 % 2 %." [Am. 1]

"

Article 2

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

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

Done at Brussels,

For the European Parliament For the Council

The President The President

(1) OJ C 159, 10.5.2019, p. 45.
(2)OJ C 159, 10.5.2019, p. 45.
(3) Position of the European Parliament of 4 April 2019.
(4)Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (OJ L 347, 20.12.2013, p. 320).


Temporary reintroduction of border control at internal borders ***I
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Resolution
Consolidated text
European Parliament legislative resolution of 4 April 2019 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/399 as regards the rules applicable to the temporary reintroduction of border control at internal borders (COM(2017)0571 – C8-0326/2017 – 2017/0245(COD))
P8_TA(2019)0356A8-0356/2018

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2017)0571),

–  having regard to Article 294(2) and Article 77(2)(e) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0326/2017),

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

–  having regard to the contributions submitted by the Czech Chamber of Deputies, the Czech Senate, the Greek Parliament, the Spanish Parliament, the French Senate and the Portuguese Parliament on the draft legislative act,

–  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 (A8-0356/2018),

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

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 4 April 2019 with a view to the adoption of Regulation (EU) …/… of the European Parliament and of the Council amending Regulation (EU) 2016/399 as regards the rules applicable to the temporary reintroduction of border control at internal borders

P8_TC1-COD(2017)0245


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 point (e) of Article 77(2) thereof,

Having regard to the proposal from the European Commission,

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

Acting in accordance with the ordinary legislative procedure(2),

Whereas:

(-1)  The creation of an area in which the free movement of persons across internal borders is ensured is one of the main achievements of the Union. The normal functioning and strengthening of such an area, which is based on trust and solidarity, should be a common objective of the Union and the Member States which have agreed to take part in it. At the same time, it is necessary to have a common response to situations seriously affecting the public policy or internal security of that area, or parts thereof, by allowing for the temporary reintroduction of border control at internal borders in exceptional circumstances and as a last resort, while strengthening cooperation between the Member States concerned. [Am. 1]

(1)  In an area where persons may move freely, the reintroduction of border control at internal borders should remain an exception. The As the free movement of persons is affected by the temporary reintroduction of internal border control, it should be decided reintroduced only as a measure of last resort, for a limited period of time and to the extent that controls are necessary and proportionate to the identified serious threats to public policy or internal security. Any such measure should be withdrawn as soon as the underlying grounds for it cease to exist. [Am. 2]

(1a)  Migration and the crossing of external borders by a large number of third-country nationals should not, per se, be considered to be a threat to public policy or internal security. [Am. 3]

(2)  The identified serious threats can be addressed by different measures, depending on their nature and scale. While it remains clear that police powers are different in their nature and purpose from border control, the Member States have at their disposal also those police powers, as referred to in Article 23 of Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code)(3), which, subject to some conditions, can be used in the border areas. The Commission Recommendation on proportionate police checks and police cooperation in the Schengen area(4) provides guidelines to the Member States to that end. [Am. 4]

(2a)  Before resorting to the reintroduction of border control at internal borders, Member States should give precedence to alternative measures. In particular, the Member State concerned should, where necessary and justified, consider using more effectively or intensifying police checks within its territory, including in border areas and main transport routes, on the basis of a risk assessment, while ensuring that those police checks do not have border control as an objective. Modern technologies are instrumental in addressing threats to public policy or internal security. Member States should assess whether the situation could be adequately addressed by way of increased cross-border cooperation, both from an operational point of view and from that of information exchange between police and intelligence services. [Am. 5]

(3)  In accordance with the provisions of Title III, Chapter II of the Schengen Borders Code, internal border control can be temporarily reintroduced as a last resort measure in case of a serious threat to public policy or internal security for a limited period of up to six months - for foreseeable events (Article 25), and for a limited period of up to two months - for cases requiring immediate action (Article 28). These time frames proved to be sufficient to tackle the serious threats related to the most frequent foreseeable events such as international sport or high level political events.

(4)  However, experience has shown that there is rarely a need to reintroduce border control at internal borders for periods of longer than two months. In exceptional circumstances only, certain serious threats to public policy or internal security, such as cross-border terrorist threats or specific cases of secondary movements of irregular migrants within the Union that justified might persist beyond the maximum periods of six months currently authorised for the reintroduction of border controls, may persist well beyond the above periods control at internal borders. It is therefore needed and justified necessary to adjust the time limits applicable to the temporary reintroduction of border control to the current needs, while ensuring that this measure is not abused and remains an exception, to be used only as a last resort. To that end, the general deadline applicable under Article 25 of the Schengen Borders Code should be extended to one year. [Am. 6]

(4a)  Any derogation from the fundamental principle of free movement of persons should be interpreted strictly and the concept of public policy presupposes the existence of a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. [Am. 7]

(5)  In order to guarantee that these internal border controls are a measure of last resort and remain an exception, Member States should submit a risk assessment concerning the intended reintroduction prolongation of border control or prolongation thereof beyond two months. The risk assessment should, in particular, assess for how long the identified threat is expected to persist and which sections of the internal borders are affected, demonstrate that the prolongation of border controls is a measure of last resort measure, in particular by showing that any alternative measures have proven or are deemed insufficient, and explain how border control would help in addressing the identified threat. In case of internal border control going beyond six months, The risk assessment should also demonstrate retrospectively the efficiency and effectiveness of the reintroduced border control in addressing the identified threat and explain in detail how each neighbouring Member State affected by such prolongation was consulted and involved in determining the least burdensome operational arrangements. The Member States should retain the possibility to classify, where necessary, all or parts of the information provided. [Am. 8]

(5a)   Whenever the reintroduction of internal border control is proposed for specific planned events of an exceptional nature and duration, such as sporting activities, the duration of such control should be very precise, circumscribed and linked to the actual duration of the event. [Am. 9]

(6)  The quality of the risk assessment submitted by the Member State will be very important for the assessment of the necessity and proportionality of the intended reintroduction or prolongation of border control. The European Border and Coast Guard Agency and, Europol, the European Asylum Support Office, the European Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice and the European Union Agency for Fundamental Rights should be involved in that assessment. [Am. 10]

(7)  The power of the Commission to issue an opinion under Article 27(4) of the Schengen Borders Code should be modified to reflect the new obligations on the Member States related to the risk assessment, including the cooperation with Member States concerned. When border control at internal borders is carried out for more than six months, the Commission should be obliged to issue an opinion. Also The consultation procedure as provided for in Article 27(5) of the Schengen Borders Code should be modified in order to reflect the role of the Union Agencies (European Border and Coast Guard Agency and Europol) and focus on the practical implementation of different aspects of cooperation between the Member States, including the coordination, where appropriate, of different measures on both sides of the border. [Am. 11]

(8)  In order to make the revised rules better adapted to the challenges related to persistent serious threats to public policy or internal security, a specific possibility should be provided to prolong internal border controls beyond one year six months on an exceptional basis. Such prolongation should accompany commensurate exceptional national measures also taken within the territory to address the threat, such as a state of emergency. In any case, such a possibility should not lead to the further prolongation of temporary internal border controls beyond two years one year. [Am. 12]

(8a)   The necessity and proportionality of reintroducing internal border control should be balanced against the threat to public policy or internal security triggering the need for such reintroduction, as should alternative measures which could be taken at national or Union level, or both, and the impact of such control on the free movement of persons within the area without internal border control. [Am. 13]

(9)  The reference to Article 29 in Article 25(4) should be modified with a view of clarifying the relation between the time periods applicable under Article 29 and Article 25 of the Schengen Borders Code. [Am. 14]

(10)  The possibility to carry out temporary internal border controls in response to a specific threat to public policy or internal security which persists beyond a year six months should be subject to a specific procedure requiring a Council recommendation. [Am. 15]

(11)  To that end, the Commission should issue an opinion on the necessity and proportionality of such prolongation and, where appropriate, on the cooperation with the neighbouring. The European Parliament should immediately be informed about the proposed prolongation. The Member States affected should have the possibility to make observations to the Commission before it issues its opinion. [Am. 16]

(12)  In view of the nature of such measures, which touch on national executive and enforcement powers regarding serious threats to public policy or internal security, implementing powers to adopt recommendations under this specific procedure should exceptionally be conferred on the Council.

(13)  The Council, taking account of the Commission's opinion, may recommend such extraordinary further prolongation and where appropriate determine lay down the conditions for cooperation between the Member States concerned, with a view to ensuring that it is an exceptional measure, in place only for as long as necessary and justified, and consistent with the measures also taken at the national level within the territory to address the same specific threat to public policy or internal security. The Council recommendation should be a prerequisite for any further prolongation beyond the period of one year and hence be of the same nature as the one already provided for in Article 29 six months. The Council recommendation should be immediately forwarded to the European Parliament. [Am. 17]

(13a)  Measures taken under the specific procedure where exceptional circumstances put the overall functioning of the area without internal border control at risk should not be prolonged by virtue of, or combined with, measures taken under another procedure for the reintroduction or prolongation of internal border control as provided for in Regulation (EU) 2016/399. [Am. 18]

(13b)  Where it considers that a Member State has failed to fulfil its obligations under the Treaties, the Commission should, as the guardian of the Treaties that oversees the application of Union law, take appropriate measures in accordance with Article 258 of the Treaty on the Functioning of the European Union, including by bringing the matter before the Court of Justice of the European Union. [Am. 19]

(14)  Since the objective of this Regulation, namely allowing the prolongation in exceptional cases of reintroduced border controls at specific section(s) of the internal borders for the time period necessary for a Member State to adequately respond to a persistent threat of a cross-border nature, is to complement the current rules on temporary reintroduction of border controls at internal borders, it cannot be achieved by Member States acting alone; an amendment of the common rules established at Union level is necessary. Thus, 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.

(15)  In accordance with Articles 1 and 2 of the Protocol No 22 on the position of Denmark, as annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. Given that this Regulation builds upon the Schengen acquis, Denmark shall, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Regulation whether it will implement it in its national law.

(16)  This Regulation constitutes a development of the provisions of the Schengen acquis, in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC(5); the United Kingdom is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(17)  This Regulation constitutes a development of the provisions of the Schengen acquis, in which Ireland does not take part, in accordance with Council Decision 2002/192/EC(6); Ireland is therefore not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

(18)  As regards Iceland and Norway, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter's association with the implementation, application and development of the Schengen acquis(7), which fall within the area referred to in point A of Article 1 of Council Decision 1999/437/EC.(8)

(19)  As regards Switzerland, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis(9) which fall within the area referred to in Article 1, point A of Decision 1999/437/EC(10) read in conjunction with Article 3 of Council Decision 2008/146/EC.(11)

(20)  As regards Liechtenstein, this Regulation constitutes a development of the provisions of the Schengen acquis within the meaning of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis(12) which fall within the area referred to in Article 1, point A of Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU(13).

(21)  This Regulation respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

(22)  Regulation (EU) No 2016/399 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 2016/399 is amended as follows:

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

"1. Where, in the area without internal border control, there is a serious threat to public policy or internal security in a Member State, that Member State may exceptionally reintroduce border control at all or specific parts of its internal borders for a limited period of up to 30 days, or for the foreseeable duration of the serious threat if its duration exceeds 30 days, but not exceeding six months as a measure of last resort. The scope and duration of the temporary reintroduction of border control at internal borders shall not exceed what is strictly necessary to respond to the serious threat."; [Am. 20]

2.  Border control at internal borders shall only be reintroduced as a last resort, and in accordance with Articles 27, 27a, 28 and 29. The criteria referred to, resp