Classification, labelling and packaging of substances and mixtures
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Amendments adopted by the European Parliament on 4 October 2023 on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures (COM(2022)0748 – C9-0433/2022 – 2022/0432(COD))(1)
(1) In order to keep pace with globalisation, technological development and new means of sale, such as online sales, it is necessary to adapt Regulation (EC) No 1272/2008 of the European Parliament and of the Council. While under that Regulation it is assumed that all responsible actors in the supply chain are established in the Union, practical experience has shown that economic operators established outside the Union sell chemicals online directly to the general public in the Union. Hence, enforcement authorities are unable to enforce Regulation (EC) No 1272/2008 against economic operators not established in the Union. It is therefore appropriate to require that there is a supplier established in the Union, which ensures that the substance or the mixture in question meets the requirements set out in that Regulation when it is being placed on the market, including via distance sales. This provision would improve compliance with and enforcement of the Regulation (EC) No 12727/2008 and thereby ensure a high level of protection of human health and the environment. In order to prevent situations where consumer becomes de jure and de facto an importer when buying the substance or the mixture via distance sales from the economic operators established outside the Union, it is necessary to specify that the supplier which ensures that the substance or the mixture in question meets the requirements set out in that Regulation acts in course of an industrial or professional activity.
(1) In order to keep pace with globalisation, technological development and new means of sale, such as online sales, it is necessary to adapt Regulation (EC) No 1272/2008 of the European Parliament and of the Council. While under that Regulation it is assumed that all responsible actors in the supply chain are established in the Union, practical experience has shown that economic operators established outside the Union sell chemicals online directly to the general public in the Union. Hence, enforcement authorities are unable to enforce Regulation (EC) No 1272/2008 against economic operators not established in the Union. It is therefore necessary to require that there is a supplier established in the Union, which ensures that the substance or the mixture in question meets the requirements set out in that Regulation when it is being placed on the market, including via distance sales. This provision, together with the requirements in Regulation (EU) xxx/xxx [reference to adopted act to be inserted] on General Product Safety, Regulation (EU) 2022/2065, and Regulation (EU) 2019/1020 should improve compliance with and enforcement of Regulation (EC) No 1272/2008 and thereby ensure a high level of protection of human health and the environment. In order to prevent situations where a consumer becomes de jure and de facto an importer when buying the substance or the mixture via distance sales from the economic operators established outside the Union, it is necessary to specify that the supplier which ensures that the substance or the mixture in question meets the requirements set out in that Regulation acts in course of an industrial or professional activity.
Amendment 2 Proposal for a regulation Recital 2
(2) From a toxicological point of view, substances with more than one constituent (‘multi-constituent substances’) are no different from mixtures composed of two or more substances. In accordance with Article 13 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council39 , aimed to limit animal testing, data on multi-constituent substances is to be generated under the same conditions as data on any other substance, while data on individual constituents of a substance is normally not to be generated, except where individual constituents are also substances registered on their own. Where data on individual constituents is available, multi-constituent substances should be evaluated and classified following the same classification rules as mixtures, unless Annex I to Regulation (EC) No 1272/2008 provides for a specific provision for those multi-constituent substances.
(2) Substances containing more than one constituent are not intentional mixtures. From a toxicological point of view, substances containing more than one constituent are no different from mixtures composed of two or more substances. In accordance with Article 13 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council39, aimed to minimise animal testing, data on substances containing more than one constituent is to be generated under the same conditions as data on any other substance, while data on individual constituents of a substance is normally not to be generated, except where individual constituents are also substances registered on their own. Where data on individual constituents are available, substances containing more than one constituent should be evaluated and classified following the same classification rules as mixtures.
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39 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
39 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 3 Proposal for a regulation Recital 2 a (new)
(2a) Scientific evidence on substances containing more than one constituent of renewable botanical origin shows that specific constituents considered in an isolated way can have hazard properties that might not be expressed in the substance as a whole. Substances of renewable botanical origin are substances obtained from living plant algae and fungi organisms, renewable on a human time scale (non-fossil sources). The Commission should review the identification and examination of substances containing more than one constituent of renewable botanical origin that are not chemically or genetically modified and are not covered by Regulation (EU) No 1107/2009 or Regulation (EU) No 528/2012. In the context of such review, the Commission should also assess the social and economic impact on micro and small enterprises.
Amendment 4 Proposal for a regulation Recital 3
(3) It is normally not possible to sufficiently assess the endocrine disrupting properties for human health and the environment and the persistent, bioaccumulative and mobile properties of a mixture or of a multi-constituent substance on the basis of data on that mixture or substance. The data for the individual substances of the mixture or for the individual constituents of the multi-constituent substance should therefore normally be used as the basis for hazard identification of those multi-constituent substances or mixtures. However, in certain cases, data on those multi-constituent substances themselves may also be relevant. This is the case in particular where that data demonstrates endocrine disrupting properties for human health and the environment, as well as persistent, bioaccumulative and mobile properties, or where it supports data on the individual constituents. Therefore, it is appropriate that data on multi-constituent substances are used in those cases.
(3) Under the current state of science, it is difficult to sufficiently assess the endocrine disrupting properties for human health and the environment and the persistent, bioaccumulative and mobile properties of a mixture or of a substance containing more than one constituent on the basis of data on that mixture or substance. The data for the individual substances of the mixture or for the individual constituents of the substance containing more than one constituent should therefore normally be used as the basis for hazard identification of those substances containing more than one constituent or mixtures. However, in certain cases, data on those substances containing more than one constituent themselves may also be relevant. This is the case in particular where that data demonstrates endocrine disrupting properties for human health and the environment, as well as persistent, bioaccumulative and mobile properties, or where it supports data on the individual constituents. Therefore, it is appropriate that data on multi-constituent substances are used in those cases.
Amendment 5 Proposal for a regulation Recital 4
(4) In order to improve legal certainty and implementation with regard to the evaluation of hazard information for mixtures where no or inadequate test data are available for the mixture itself, the interaction between the application of the bridging principles and a weight of evidence determination using expert judgement should be clarified. Such clarification should ensure that the weight of evidence determination complements but does not substitute the application of the bridging principles. It should also be clarified that if bridging principles cannot be applied to evaluate a mixture, manufacturers, importers and downstream users should use the calculation method or other methods described in Parts 3 and 4 of Annex I to Regulation (EC) No 1272/2008. It should also be clarified which criteria, when not met, determine when a weight of evidence determination using expert judgment is to be carried out.
(4) In order to improve legal certainty and implementation with regard to the evaluation of hazard information for mixtures where no or inadequate test data are available for the mixture itself, the interaction between the application of the bridging principles and a weight of evidence determination using expert judgement should be clarified. Such clarification should ensure that the weight of evidence determination complements but does not substitute the application of the bridging principles. It should also be clarified that if bridging principles cannot be applied to evaluate a mixture, manufacturers, importers and downstream users should use the calculation method or other methods described in Parts 3 and 4 of Annex I to Regulation (EC) No 1272/2008. It should also be clarified which criteria, when not met, determine when a weight of evidence determination using expert judgment is to be carried out. Given that the application of criteria on the different hazard classes is not always straightforward and bearing in mind that a specific hazard class may be defined by multiple criteria, manufacturers, importers and downstream users should apply weight of evidence determinations.
Amendment 6 Proposal for a regulation Recital 11
(11) Regulation (EC) No 1272/2008 only allows for the use of fold-out labels if the general rules for the application of labels cannot be met due to the shape or form of the packaging or its small size, whilst it does not provide for a minimum font size of labels that would ensure readability. As a result of advancements in labelling technologies, more flexibility should be given to suppliers by providing for a broader use of fold-out labels, while readability of labels should be ensured by laying down minimum font size and formatting requirements.
(11) Regulation (EC) No 1272/2008 only allows for the use of fold-out labels if the general rules for the application of labels cannot be met due to the shape or form of the packaging or its small size, whilst it does not provide for a minimum font size of labels that would ensure readability. As a result of advancements in labelling technologies, more flexibility should be given to suppliers by providing for a broader use of fold-out labels, while durability and good readability of all labels should be ensured, including by laying down minimum font size, and formatting requirements.
Amendment 7 Proposal for a regulation Recital 12
(12) Regulation (EC) No 1272/2008 needs to be adjusted to technological and societal changes in the field of digitalisation and be prepared for future developments. Digital labelling could improve the efficiency of hazard communication, especially for vulnerable population groups and people who do not speak the national language of a Member State. Therefore, it is necessary to provide for voluntary digital labelling and to lay down technical requirements for such labelling. In order to provide for legal certainty, it is appropriate to specify the label elements that are allowed to be provided in a digital format only. That possibility should only exist for information which is not instrumental for the safety of the user or the protection of the environment.
(12) Regulation (EC) No 1272/2008 needs to be adjusted to technological and societal changes in the field of digitalisation and be prepared for future developments. Digital labelling could improve the efficiency of hazard communication, especially for vulnerable population groups and people who do not speak the national language of a Member State. Therefore, it is necessary to provide for voluntary digital labelling and to lay down technical requirements for such labelling. In order to provide for legal certainty, it is appropriate to specify the label elements that are allowed to be provided in a digital format only. That possibility should only exist for information which is not instrumental for the safety of the user or the protection of the environment and should be determined taking into account the need for a high level of protection of human health and the environment. The decision as to which information is not relevant for the safety of the user or the protection of the environment needs to be documented transparently. The Unique Formula Identifier, the hazard statement, the precautionary statement, the signal word, and the hazard pictogram should always remain on the on-pack label to ensure they are in sight of consumers.
Amendment 8 Proposal for a regulation Recital 13
(13) In order to adapt the label elements allowed to be provided only in a digital format to technical progress or to the level of digital readiness among all population groups in the Union, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to amend the list of label elements allowed to be provided only in a digital format, taking into account societal needs and a high level of protection of human health and the environment.
(13) In order to adapt the label elements allowed to be provided only in a digital format to technical progress or to the level of digital readiness among all population groups in the Union, the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union to amend the list of label elements allowed to be provided only in a digital format, taking into account societal needs, ensuring high level of protection of human health and the environment and sufficient information on chemicals that citizens are exposed to.
Amendment 9 Proposal for a regulation Recital 18
(18) Harmonised classification and labelling proposals need not necessarily be limited to individual substances and could cover a group of similar substances, where such similarity allows for similar classification of all substances in the group. The purpose of such grouping is to alleviate the burden on manufacturers, importers or downstream users, the Agency and the Commission in the procedure for harmonisation of classification and labelling of substances. It also avoids testing of substances when similar substances can be classified as a group.
(18) Harmonised classification and labelling proposals need not necessarily be limited to individual substances and could cover a group of similar substances, where such similarity based on scientific justification, allows for similar classification of all substances in the group. The grouping process should be scientifically robust, coherent and transparent for all stakeholders. The purpose of such grouping is to alleviate the burden on manufacturers, importers or downstream users, the Agency and the Commission in the procedure for harmonisation of classification and labelling of substances. It also avoids testing of substances when similar substances can be classified as a group. Where it is scientifically justified and possible, proposals for classification should prioritise groups of substances rather than individual substances. In the event of a proposal for harmonised classification and labelling of a group of substances, those substances should be grouped together based on clear scientific criteria, including structural similarity and similar evidence-based hazard profiles.
Amendment 10 Proposal for a regulation Recital 19
(19) To increase transparency and predictability of the proposals submitted to the Agency, the Member States’ competent authorities, manufacturers, importers or downstream users should be required to notify the Agency of their intention to submit a proposal for harmonised classification and labelling, while the Commission should be required to notify the Agency of its request to the Agency or to the Authority to prepare such proposal. Furthermore, the Agency should be required to publish information on such intention or request and update the information regarding the submitted proposal at each stage of the procedure for the harmonised classification and labelling of substances. For the same reason, a competent authority that receives a proposal for revision of a harmonised classification and labelling submitted by a manufacturer, importer or downstream user should be required to communicate its decision to accept or refuse the proposal for revision to the Agency, which should share that information with the other competent authorities. receives a proposal for revision of a harmonised classification and labelling submitted by a manufacturer, importer or downstream user should be required to communicate its decision to accept or refuse the proposal for revision to the Agency, which should share that information with the other competent authorities.
(19) To increase transparency and predictability of the proposals submitted to the Agency, the Member States’ competent authorities, manufacturers, importers or downstream users should be required to notify the Agency of their intention to submit a proposal for harmonised classification and labelling, while the Commission should be required to notify the Agency of its request to the Agency or to the Authority to prepare such proposal. Furthermore, the Agency should be required to publish information on such intention or request and update the information regarding the submitted proposal at each stage of the procedure for the harmonised classification and labelling of substances. Interested parties should be given the opportunity to comment where appropriate. For the same reason, a competent authority that receives a proposal for revision of a harmonised classification and labelling submitted by a manufacturer, importer or downstream user should be required to communicate its decision to accept or refuse the proposal for revision to the Agency, which should share that information with the other competent authorities. To increase the efficiency of the harmonized classification and labelling process, the Commission should adopt a delegated act, no later than 12 months following the publication of the RAC opinion.
Amendment 11 Proposal for a regulation Recital 24
(24) Manufacturers and importers often notify different information for the same substance to be included in the Agency’s inventory for classification and labelling. In some cases, such divergences result from different impurities, physical states or other differentiations and may be justified. In other cases, the divergences are due to differences in data used for classification, or to disagreement between notifiers or registrants in the case of joint submission of data in accordance with Regulation (EC) No 1907/2006, or to obsolete classification entries. As a result, the classification and labelling inventory contains divergent classifications, which makes the inventory less effective as a hazard collection and communication tool and leads to incorrect classifications, ultimately hindering the ability of Regulation (EC) No 1272/2008 to protect human health and the environment. Therefore, the notifiers should be required to provide reasons for divergence from the most severe classification or for introducing a more severe classification per hazard class for the same substance to the Agency. To address divergences between more recent and obsolete classifications, notifiers should be required to update their notifications within 6 months after a decision to change the classification and labelling of a substance has been taken pursuant to a review in Article 15(1) of that Regulation.
(24) Manufacturers and importers often notify different information for the same substance to be included in the Agency’s inventory for classification and labelling. In some cases, such divergences result from different impurities, physical states or other differentiations and may be justified. In other cases, the divergences are due to differences in data used for classification, or to disagreement between notifiers or registrants in the case of joint submission of data in accordance with Regulation (EC) No 1907/2006, or to obsolete classification entries. As a result, the classification and labelling inventory contains divergent classifications, which makes the inventory less effective as a hazard collection and communication tool and leads to incorrect classifications, ultimately hindering the ability of Regulation (EC) No 1272/2008 to protect human health and the environment. Therefore, the notifiers should be required,without needing to acquire new data or new studies being necessary, to provide reasons for divergence from the most severe classification or for introducing a more severe classification per hazard class for the same substance to the Agency. To address divergences between more recent and obsolete classifications, notifiers should be required to update their notifications within 6 months after a decision to change the classification and labelling of a substance has been taken pursuant to a review in Article 15(1) of that Regulation. Moreover, the Agency should be able to remove incomplete, incorrect or obsolete notifications from the inventory after having informed the notifier.
Amendment 12 Proposal for a regulation Recital 25
(25) In order to enhance transparency of notifications as well as to facilitate the notifiers’ duty to come to an agreed notification entry for the same substance, certain information notified to the Agency’s classification and labelling inventory should be made publicly available, free of charge. Without prejudice to the protection of commercial interests, that information should include the identity of the notifiers as, knowing whom to contact, would facilitate the objective of coming to an agreed entry to be included in that classification and labelling inventory. In the case of notifications by a group of manufacturers or importers, it should suffice to make publicly available the identity of the notifier submitting the information on behalf of the other members of the group.
(25) In order to enhance transparency of notifications as well as to facilitate the notifiers’ duty to come to an agreed notification entry for the same substance, all information notified to the Agency’s classification and labelling inventory should be made publicly available, free of charge. Without prejudice to the protection of commercial interests, that information should include the identity of the notifiers as, knowing whom to contact, would facilitate the objective of coming to an agreed entry to be included in that classification and labelling inventory. In the case of notifications by a group of manufacturers or importers, it should suffice to make publicly available the identity of the notifier submitting the information on behalf of the other members of the group.
Amendment 13 Proposal for a regulation Recital 29
(29) Regulation (EC) No 1272/2008 regulates advertisement of hazardous substances and mixtures in a general manner and provides that an advertisement for a substance classified as hazardous is to mention the hazard classes or hazard categories concerned, and an advertisement for a mixture classified as hazardous or a mixture containing a classified substance is to mention the types of hazards indicated on the label where such advertisement allows concluding a contract for purchase without first having sight of the label. This obligation should be changed to ensure that the advertisement of hazardous substances and mixtures contains all the information which is most important in terms of safety and protection of the environment. Therefore, the advertisement should contain the hazard pictogram, the signal word, the hazard class and the hazard statements. The hazard category should not be provided, as it is reflected by the hazard statement.
(29) Regulation (EC) No 1272/2008 regulates advertisement of hazardous substances and mixtures in a general manner and provides that an advertisement for a substance classified as hazardous is to mention the hazard classes or hazard categories concerned, and an advertisement for a mixture classified as hazardous or a mixture containing a classified substance is to mention the types of hazards indicated on the label where such advertisement allows concluding a contract for purchase without first having sight of the label. This obligation should be changed to ensure that the advertisement of hazardous substances and mixtures contains all the information which is most important in terms of safety and protection of health and the environment. Therefore, the advertisement should contain the hazard pictogram, the signal word, the hazard class and the hazard statements. The hazard category should not be provided, as it is reflected by the hazard statement.
Amendment 14 Proposal for a regulation Recital 33
(33) In accordance with Directive 2010/63/EU of the European Parliament and of the Council47 , it is necessary to replace, reduce or refine testing on animals. Implementation of Regulation (EC) No 1272/2008 should be based on the use of alternative test methods, suitable for the assessment of health and environmental classification of chemicals, wherever possible. In order to speed up the transition to non-animal methods, with the ultimate goal of fully replacing animal testing, as well as to improve the efficiency of chemical hazard assessments, innovation in the field of non-animal methods should be monitored and systematically evaluated, and the Commission and the Member States acting in the interest of the Union should promote the inclusion of harmonised criteria based on available alternative methods in UN GHS and subsequently include those criteria in Regulation (EC) No 1272/2008 without undue delay.
(33) In accordance with Directive 2010/63/EU of the European Parliament and of the Council47, it is necessary to replace, reduce or refine testing on animals, with a view to phasing out the use of animals for testing as soon as possible. Implementation of Regulation (EC) No 1272/2008 should be based on the promotion and use of New Approach Methodologies (NAM), suitable for the assessment of health and environmental classification of chemicals, wherever possible. In order to speed up the transition to non-animal methods, with the ultimate goal of fully replacing animal testing, as well as to improve the efficiency of chemical hazard assessments, innovation in the field of non-animal methods should be promoted, monitored and systematically and periodically evaluated, and the Commission and the Member States acting in the interest of the Union should promote the inclusion of harmonised criteria based on available alternative methods, including new approach methods, in UN GHS and subsequently include those criteria in Regulation (EC) No 1272/2008 without delay.
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47 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).
47 Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).
Amendment 15 Proposal for a regulation Recital 35 a (new)
(35a) Where appropriate, the Agency should provide further guidance on the application of the provisions relating to the review of this Regulation.
Amendment 16 Proposal for a regulation Recital 36 a (new)
(36a) The amendments introduced by this regulation expand the tasks, workload and remit of the Agency. In order to provide adequate expertise, support, and thorough scientific evaluations, appropriate and stable funding for the Agency should be ensured under the framework of the upcoming Regulation establishing the ECHA.
Amendment 17 Proposal for a regulation Recital 37
(37) To ensure that suppliers of substances and mixtures have time to adapt to rules on classification, labelling and packaging, the application of some provisions of this Regulation should be deferred. Substances and mixtures which are already placed on the market before the end of that deferral period, should be allowed to continue being placed on the market without being re-classified and re-labelled in accordance with this Regulation, to avoid additional burden on suppliers of substances and mixtures.
(37) To ensure that suppliers of substances and mixtures have time to adapt to new rules on classification, labelling and packaging, the application of some provisions of this Regulation should be deferred. Substances and mixtures which are already placed on the market before the end of that deferral period, should be allowed to continue being placed on the market without being re-classified and re-labelled in accordance with this Regulation, to avoid additional burden on suppliers of substances and mixtures.
Amendment 18 Proposal for a regulation Article 1 – paragraph 1 – point -1 (new) Regulation (EC) No 1272/2008 Article 1 – paragraph 1
-1) In Article 1, paragraph 1 is replaced by the following:
The purpose of this Regulation is to ensure a high level of protection of human health and the environment as well as the free movement of substances, mixtures and articles as referred to in Article 4(8) by: (a) harmonising the criteria for classification of substances and mixtures, and the rules on labelling and packaging for hazardous substances and mixtures;b) providing an obligation for: (i) manufacturers, importers and downstream users to classify substances and mixtures placed on the market; (ii) suppliers to label and package substances and mixtures placed on the market; (iii) manufacturers, producers of articles and importers to classify those substances not placed on the market that are subject to registration or notification under Regulation (EC) No 1907/2006;
"The purpose of this Regulation is to ensure a high level of protection of human health and the environment including the promotion of alternative methods, for assessment of hazards of substances and mixtures, as well as the free movement of substances, mixtures and articles as referred to in Article 4(8) by: (a) harmonising the criteria for classification of substances and mixtures, and the rules on labelling and packaging for hazardous substances and mixtures; (b) providing an obligation for: (i) manufacturers, importers and downstream users to classify substances and mixtures placed on the market; (ii) suppliers to label and package substances and mixtures placed on the market; (iii) manufacturers, producers of articles and importers to classify those substances not placed on the market that are subject to registration or notification under Regulation (EC) No 1907/2006;"
Amendment 19 Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 1272/2008 Article 2 – paragraph 1 – point 7a
7a. ‘multi-constituent substance’ means a substance that contains more than one constituent.
deleted
Amendment 20 Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 1272/2008 Article 2 – paragraph 1 – point 38 a (new)
38a. ‘refill’ means an operation through which a consumer or a professional user fills its own container, which fulfils the packaging function, with a hazardous substance or mixture offered by a supplier in the context of a commercial transaction;
Amendment 21 Proposal for a regulation Article 1 – paragraph 1 – point 2 Regulation (EC) No 1272/2008 Article 2 – paragraph 1 – point 38 b (new)
38b. ‘refill station’ means a place where a supplier offers to consumers or professional users hazardous substances or mixtures that can be purchased through refill;
Amendment 22 Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Regulation (EC) No 1272/2008 Article 3 – paragraph 1
(2a) In Article 3, paragraph 1 is replaced by the following:
A substance or a mixture fulfilling the criteria relating to physical hazards, health hazards or environmental hazards, laid down in Parts 2 to 5 of Annex I is hazardous and shall be classified in relation to the respective hazard classes provided for in that Annex.
"A substance or a mixture fulfilling the criteria relating to physical hazards, health hazards or environmental hazards, laid down in Parts 2 to 5 of Annex I is hazardous and shall be classified in relation to the respective hazard classes provided for in that Annex. Gender differences with regard to the susceptibility to chemicals shall be taken into consideration, where relevant."
Amendment 23 Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 1272/2008 Article 5 – paragraph 3 – subparagraph 1
A multi-constituent substance containing at least one constituent, in the form of an individual constituent, an identified impurity or an additive for which relevant information referred to in paragraph 1 is available, shall be examined in accordance with the criteria set out in this paragraph, using the available information on those constituents as well as on the substance, unless Annex I lays down a specific provision.
A substance containing more than one constituent, in the form of an individual constituent, an identified impurity or an additive for which relevant information referred to in paragraph 1 is available, shall be examined and evaluated in accordance with the criteria set out in this paragraph, using the available information on those known constituents above the applicable concentration limit as well as on the substance itself.
Amendment 24 Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 1272/2008 Article 5 – paragraph 3 – subparagraph 2
For the evaluation of multi-constituent substances pursuant to Chapter 2 in relation to the ‘germ cell mutagenicity’, ‘carcinogenicity’, ‘reproductive toxicity’, ‘endocrine disrupting property for human health’ and ‘endocrine disrupting property for the environment’ hazard classes referred to in sections 3.5.3.1, 3.6.3.1, 3.7.3.1, 3.11.3.1. and 4.2.3.1. of Annex I, the manufacturer, importer or downstream user shall use the relevant available information referred to in paragraph 1 for each of the individual constituents in the substance.
For the evaluation of these substances containing more than one constituent pursuant to Chapter 2 in relation to the ‘germ cell mutagenicity’, ‘carcinogenicity’, ‘reproductive toxicity’, ‘endocrine disruption for human health’ and ‘endocrine disruption for the environment’ hazard classes referred to in sections 3.5., 3.6., 3.7., 3.11. and 4.2. of Annex I, the manufacturer, importer or downstream user shall use the relevant available information referred to in paragraph 1 for each of the known individual constituents, impurities and additives in the substance,
Amendment 25 Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 1272/2008 Article 5 – paragraph 3 – subparagraph 3 – introductory part
Relevant available information on the multi-constituent substance itself shall be taken into account where one of the following conditions are met:
Relevant available information on the substance containing more than one constituent itself shall be taken into account where one of the following conditions are met:
Amendment 26 Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 1272/2008 Article 5 – paragraph 3 – subparagraph 3 – point a
(a) the information demonstrates germ cell mutagenic, carcinogenic, or toxic to reproduction properties, or endocrine disrupting properties for human health or the environment;
(a) the information demonstrates germ cell mutagenic, carcinogenic, or toxic to reproduction properties, or endocrine disruption for human health or the environment;
Amendment 27 Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 1272/2008 Article 5 – paragraph 3 – subparagraph 4
Relevant available information on the multi-constituent substance itself showing absence of certain properties or less severe properties shall not override the relevant available information on the constituents in the substance.
Relevant available information on the substance containing more than one constituent itself showing absence of certain properties or less severe properties shall not override the relevant available information on the constituents in the substance.
Amendment 28 Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 1272/2008 Article 5 – paragraph 3 – subparagraph 5
For the evaluation of multi-constituent substances pursuant to Chapter 2 in relation to the ‘biodegradation, persistence, mobility and bioaccumulation’ properties within the ‘hazardous to the aquatic environment’ ‘persistent, bioaccumulative and toxic’, ‘very persistent and very bioaccumulative’, ‘persistent, mobile and toxic’ and ‘very persistent and very mobile’ hazard classes referred to in sections 4.1.2.8 4.1.2.9, 4.3.2.3.1, 4.3.2.3.2, 4.4.2.3.1 and 4.4.2.3.2 of Annex I, the manufacturer, importer or downstream user shall use the relevant available information referred to in paragraph 1 for each of the individual constituents in the substance.
For the evaluation of substances containing more than one constituent pursuant to Chapter 2 of this Title in relation to the ‘biodegradation, persistence, mobility and bioaccumulation’ properties within the ‘hazardous to the aquatic environment’ ‘persistent, bioaccumulative and toxic’, ‘very persistent and very bioaccumulative’, ‘persistent, mobile and toxic’ and ‘very persistent and very mobile’ hazard classes referred to in sections 4.1.2.8 4.1.2.9, 4.3.2.3.1, 4.3.2.3.2, 4.4.2.3.1 and 4.4.2.3.2 of Annex I, the manufacturer, importer or downstream user shall use the relevant available information referred to in paragraph 1 for each of the individual known constituents, impurities or additives in the substance.
Amendment 29 Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 1272/2008 Article 5 – paragraph 3 – subparagraph 6 – introductory part
Relevant available information on the multi-constituent substance itself shall be taken into account where one of the following conditions are met:
Relevant available information on the substance containing more than one constituent itself shall be taken into account where one of the following conditions are met:
Amendment 30 Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 1272/2008 Article 5 – paragraph 3 – subparagraph 6 – point a
(a) the information demonstrates biodegradation, persistence, mobility and bioaccumulation properties ;
(a) the information demonstrates persistence, mobility and bioaccumulation properties or lack of biodegradation;
Amendment 31 Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EC) No 1272/2008 Article 5 – paragraph 3 – subparagraph 7
Relevant available information on the multi-constituent substance itself showing absence of certain properties or less severe properties shall not override the relevant available information on the constituents in the substance.
Relevant available information on the substance containing more than one constituent itself showing absence of the properties referred to in (a) or less severe properties shall not override the relevant available information on the constituents in the substance.
Amendment 106 Proposal for a regulation Article 1 – paragraph 1 – point 4 a (new) Regulation EC 1272/2008 Article 5 – paragraph 3a (new)
(4a) in Article 5, the following paragraph is added:
"3a. Paragraph 3 shall not apply to substances containing more than one constituent of renewable botanical origin that are not chemically or genetically modified without prejudice to the application of Regulation (EU) No 1107/2009 1a or Regulation (EU) No 528/2012. 1b
_________________
1aRegulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).
1bRegulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).
Amendment 33 Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 1272/2008 Article 6 – paragraph 3 – subparagraph 1
For the evaluation of mixtures pursuant to chapter 2 in relation to the ‘germ cell mutagenicity’, ‘carcinogenicity’, ‘reproductive toxicity’, ‘endocrine disrupting property for human health’ and ‘endocrine disrupting property for the environment’ hazard classes referred to in sections 3.5.3.1, 3.6.3.1, 3.7.3.1, 3.11.3.1 and 4.2.3.1 of Annex I, the manufacturer, importer or downstream user shall only use the relevant available information referred to in paragraph 1 for the substances in the mixture and not for the mixture itself .
For the evaluation of mixtures pursuant to chapter 2 of this Title in relation to the ‘germ cell mutagenicity’, ‘carcinogenicity’, ‘reproductive toxicity’, ‘endocrine disrupting property for human health’ and ‘endocrine disrupting property for the environment’ hazard classes referred to in sections 3.5.3.1, 3.6.3.1, 3.7.3.1, 3.11.3.1 and 4.2.3.1 of Annex I, the manufacturer, importer or downstream user shall only use the relevant available information referred to in paragraph 1 for the substances in the mixture and not for the mixture itself.
Amendment 34 Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 1272/2008 Article 6 – paragraph 3 – subparagraph 2
However, where the available test data on the mixture itself demonstrates germ cell mutagenic, carcinogenic or toxic to reproduction properties, or endocrine disrupting properties for human health or the environment which have not been identified from the relevant available information on the individual substance referred to in the first subparagraph, that data shall also be taken into account for the purposes of the evaluation of the mixture referred to in the first subparagraph.
However, for the one plant protection product or the one biocidal product for which the approval criteria of Regulation (EC) No 1107/2009 or Regulation (EU) No 528/2012 need to be met, respectively, for the approval of the corresponding active substance, or where the available test data on the mixture itself demonstrates germ cell mutagenic, carcinogenic or toxic to reproduction properties, or endocrine disrupting properties for human health or the environment which have not been identified from the relevant available information on the individual substance referred to in the first subparagraph, data on the mixture as a whole shall also be taken into account for the purposes of the evaluation of the mixture referred to in the first subparagraph.
Amendment 35 Proposal for a regulation Article 1 – paragraph 1 – point 5 Regulation (EC) No 1272/2008 Article 6 – paragraph 4
4. For the evaluation of mixtures pursuant to Chapter 2 in relation to the ‘biodegradation, persistency, mobility and bioaccumulation’ properties within the ‘hazardous to the aquatic environment’, ‘persistent, bioaccumulative and toxic’, ‘very persistent and very bioaccumulative’, ‘persistent, mobile and toxic’ and ‘very persistent and very mobile’ hazard classes referred to in sections 4.1.2.8, 4.1.2.9, 4.3.2.3.1, 4.3.2.3.2, 4.4.2.3.1 and 4.4.2.3.2 of Annex I, the manufacturer, importer or downstream user shall only use the relevant available information referred to in paragraph 1 for the substances in the mixture and not for the mixture itself ;
4. For the evaluation of mixtures pursuant to Chapter 2 of this Title in relation to the ‘biodegradation, persistency, mobility and bioaccumulation’ properties within the ‘hazardous to the aquatic environment’, ‘persistent, bioaccumulative and toxic’, ‘very persistent and very bioaccumulative’, ‘persistent, mobile and toxic’ and ‘very persistent and very mobile’ hazard classes referred to in sections 4.1.2.8, 4.1.2.9, 4.3.2.3.1, 4.3.2.3.2, 4.4.2.3.1 and 4.4.2.3.2 of Annex I, the manufacturer, importer or downstream user shall only use the relevant available information referred to in paragraph 1 for the substances in the mixture and not for the mixture itself ;
However, where the available test data on the mixture itself demonstrate a lack of biodegradation, persistency, mobility and bioaccumulation properties that have not been identified from the relevant available information on the individual substance referred to in the first subparagraph, such data shall also be taken into account for the purpose of evaluating the mixture referred to in the first subparagraph.
Amendment 36 Proposal for a regulation Article 1 – paragraph 1 – point 5 a (new) Regulation (EC) No 1272/2008 Article 7
(5 a) Article 7 is replaced by the following:
Article 7
"Article 7
Animal and human testing
Non-animal, animal, and human testing
1. Where new tests are carried out for the purposes of this Regulation, tests on animals within the meaning of Directive 86/609/EEC shall be undertaken only where no other alternatives, which provide adequate reliability and quality of data, are possible.
1. Where new tests are carried out for the purposes of this Regulation, tests on animals within the meaning of Directive 86/609/EEC shall be undertaken only where no other alternatives, which provide adequate reliability and quality of data, are possible.
2. Tests on non-human primates shall be prohibited for the purposes of this Regulation.
2. Tests on non-human primates shall be prohibited for the purposes of this Regulation.
3. Tests on humans shall not be performed for the purposes of this Regulation. Data obtained from other sources, such as clinical studies, can however be used for the purposes of this Regulation.
3. Tests on humans shall not be performed for the purposes of this Regulation. Data obtained from other sources, such as clinical studies, can however be used for the purposes of this Regulation.
4. Tests using new approach methodologies shall also be considered."
Amendment 38 Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EC) No 1272/2008 Article 9 – paragraph 3
3. Where the criteria referred to in paragraph 1 cannot be applied directly to available identified information, manufacturers, importers and downstream users shall carry out an evaluation by applying a weight of evidence determination using expert judgement in accordance with section 1.1.1 of Annex I to this Regulation, weighing all available information having a bearing on the determination of the hazards of the substance or the mixture, and in accordance with section 1.2 of Annex XI to Regulation (EC) No 1907/2006.
3. Where the criteria referred to in paragraph 1 cannot be applied directly to available identified information, or where properties are defined by multiple criteria, manufacturers, importers and downstream users shall carry out an evaluation by applying a weight of evidence determination using expert judgement in accordance with section 1.1.1 of Annex I to this Regulation, weighing all available information having a bearing on the determination of the hazards of the substance or the mixture, and in accordance with section 1.2 of Annex XI to Regulation (EC) No 1907/2006.
Amendment 39 Proposal for a regulation Article 1 – paragraph 1 – point 7 a (new) Regulation (EC) No 1272/2008 Article 17
(7a) Article 17 is replaced by the following :
Article 17
"Article 17
General rules
General rules
1. A substance or mixture classified as hazardous and contained in packaging shall bear a label including the following elements:
1. A substance or mixture classified as hazardous and contained in packaging shall bear a label including the following elements:
(a) the name, address and telephone number of the supplier(s);
(a) the name, address and telephone number of the supplier(s);
(b) the nominal quantity of the substance or mixture in the package made available to the general public, unless this quantity is specified elsewhere on the package;
(b) the nominal quantity of the substance or mixture in the package made available to the general public, unless this quantity is specified elsewhere on the package;
(c) product identifiers as specified in Article 18;
(c) product identifiers as specified in Article 18;
(d) where applicable, hazard pictograms in accordance with Article 19;
(d) where applicable, hazard pictograms in accordance with Article 19;
(e) where applicable, signal words in accordance with Article 20;
(e) where applicable, signal words in accordance with Article 20;
(f) where applicable, hazard statements in accordance with Article 21;
(f) where applicable, hazard statements in accordance with Article 21;
(g) where applicable, the appropriate precautionary statements in accordance with Article 22;
(g) where applicable, the appropriate precautionary statements in accordance with Article 22;
(h) where applicable, a section for supplemental information in accordance with Article 25.
(h) where applicable, a section for supplemental information in accordance with Article 25.
(ha) where applicable, a link to the digital label where further information can be found.
2. The label shall be written in the official language(s) of the Member State(s) where the substance or mixture is placed on the market, unless the Member State(s) concerned provide(s) otherwise.
2. The label shall be written in the official language(s) of the Member State(s) where the substance or mixture is placed on the market, unless the Member State(s) concerned provide(s) otherwise.
Suppliers may use more languages on their labels than those required by the Member States, provided that the same details appear in all languages used.A
Suppliers may use more languages on their labels than those required by the Member States, provided that the same details appear in all languages used.
The information in points (h) and (ha) in paragraph 1 may be provided on the inner pages of a fold-out label."
Amendment 40 Proposal for a regulation Article 1 – paragraph 1 – point 7 b (new) Regulation (EC) No 1272/2008 Article 18 – paragraph 3 – subparagraph 1– point b
(7b) In Article 18, paragraph 3, point (b) is replaced by the following:
(b) the identity of all substances in the mixture that contribute to the classification of the mixture as regards acute toxicity, skin corrosion or serious eye damage, germ cell mutagenicity, carcinogenicity, reproductive toxicity, respiratory or skin sensitisation, specific target organ toxicity (STOT) or aspiration hazard.
"(b) the identity of all substances in the mixture that contribute to the classification of the mixture as regards acute toxicity, skin corrosion or serious eye damage, germ cell mutagenicity, carcinogenicity, reproductive toxicity, endocrine disruption for human health, endocrine disruption for the environment, respiratory or skin sensitisation, specific target organ toxicity (STOT) or aspiration hazard, persistent, bioaccumulative and toxic (PBT), very persistent, very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), very persistent, very mobile (vPvM) properties."
Amendment 41 Proposal for a regulation Article 1 – paragraph 1 – point 8 a (new) Regulation (EC) No 1272/2008 Article 25 – paragraphs 2 and 3
(8a) In Article 25, paragraphs 2 and 3 are replaced by the following:
2. A statement shall be included in the section for supplemental information on the label where a substance or mixture classified as hazardous falls within the scope of Directive 91/414/EEC. The statement shall be worded in accordance with Part 4 of Annex II and Part 3 of Annex III to this Regulation.
"2. A statement shall be included in the section for supplemental information on the label where a substance or mixture classified as hazardous falls within the scope of Regulation (EC) No 1107/2009 or Regulation (EU) No 528/2012. The statement shall be worded in accordance with Part 4 of Annex II and Part 3 of Annex III to this Regulation.
3. The supplier may include supplemental information in the section for supplemental information on the label other than that referred to in paragraphs 1 and 2, provided that that information does not make it more difficult to identify the label elements referred to in Article 17(1) (a) to (g) and that it provides further details and does not contradict or cast doubt on the validity of the information specified by those elements.
3. The supplier may include supplemental information in the section for supplemental information on the label other than that referred to in paragraphs 1, 2 and 7, provided that that information does not make it more difficult to identify the label elements referred to in Article 17(1) (a) to (g) and that it provides further details and does not contradict or cast doubt on the validity of the information specified by those elements."
Amendment 42 Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EC) No 1272/2008 Article 25 – paragraph 6 – subparagraph 1
The specific labelling rules set out in Part 2 of Annex II shall apply to mixtures containing substances referred to in that Annex.
The specific labelling rules set out in Part 2 of Annex II shall apply to mixtures containing substances referred to in that Annex. The statements shall be worded in accordance with Part 3 of Annex III and shall be placed in the supplemental information section of the label. The label shall also include the product identifier referred to in Article 18 and the name, address and telephone number of the supplier of the mixture.
Amendment 43 Proposal for a regulation Article 1 – paragraph 1 – point 13 – introductory part
(13) in Article 31(3), the following sentence is added:
(13) in Article 31, paragraph 1, the following sentence is added:
Amendment 44 Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) No 1272/2008 Article 31 – paragraph 1
1. Labels shall be firmly affixed to one or more surfaces of the packaging immediately containing the substance or mixture and shall be readable horizontally when the package is set down normally.
"1. Labels shall be firmly affixed to one or more surfaces of the packaging immediately containing the substance or mixture and shall be readable horizontally when the package is set down normally.
The label may also be presented in a form of a fold out label."
Amendment 45 Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EC) 1272/2008 Article 31 – paragraph 3
3. The label elements referred to in Article 17(1) shall be clearly and indelibly marked. They shall stand out clearly from the background and they shall be of such size and spacing as to be easily read. They shall be formatted in accordance with section 1.2.1 of Annex I.;
3. The label elements referred to in Article 17(1) shall be clearly and indelibly marked. They shall stand out clearly from the background and they shall be of such size and spacing as to be easily read.
Amendment 46 Proposal for a regulation Article 1 – paragraph 1 – point 13 a (new) Regulation (EC) No 1272/2008 Article 32 – paragraph 6
(13a) In Article 32, paragraph 6 is replaced by the following:
6. Label elements resulting from the requirements provided for in other Community acts shall be placed in the section for supplemental information on the label referred to in Article 25.
"6. Where the label elements referred to in Article 17(1) are provided by means of a fold-out label, the front page shall contain at least the information provided in accordance with Article 17(1)(e), (f) and (g) in all official languages of the Member State where the product is put on the market along with a reference to the additional information provided on the inside page or pages."
Amendment 47 Proposal for a regulation Article 1 – paragraph 1 – point 15 Regulation (EC) No 1272/2008 Article 34b – paragraph 1 – point d
(d) the digital label shall be accessible free of charge, without the need to register, download or install applications, or to provide a password;
(d) the digital label shall be accessible free of charge, without the need to register, download or install specific applications, or to provide a password;
Amendment 48 Proposal for a regulation Article 1 – paragraph 1 – point 16 Regulation (EC) No 1272/2008 Article 35 – paragraph 2a
2a. Hazardous substances or mixtures may be supplied to consumers and professional users via refill stations only if, in addition to the requirements set out in Titles III and IV, the conditions laid down in section 3.4 of Annex II are fulfilled.;
2a. Hazardous substances or mixtures may be supplied to consumers and professional users via refill stations only if, in addition to the requirements set out in Titles III and IV, the conditions laid down in section 3.4 of Annex II are fulfilled.
This paragraph shall not apply to hazardous substances or mixtures supplied to the general public without packaging in accordance with Article 29(3).
Amendment 49 Proposal for a regulation Article 1 – paragraph 1 – point 18 – point a Regulation (EC) No 1272/2008 Article 37 – paragraph 1 – subparagraph 1
A competent authority may submit to the Agency a proposal for harmonised classification and labelling of substances and, where appropriate, specific concentration limits, M-factors or acute toxicity estimates, or a proposal for revision thereof.
A competent authority may submit to the Agency a proposal for harmonised classification and labelling of a substance or a group of substances and, where appropriate, specific concentration limits, M-factors or acute toxicity estimates, or a proposal for revision thereof.
Amendment 50 Proposal for a regulation Article 1 – paragraph 1 – point 18 – point a Regulation (EC) No 1272/2008 Article 37 – paragraph 1 – subparagraph 2
The Commission may ask the Agency or the European Food Safety Authority established in accordance with Article 1(2) of Regulation (EC) No 178/2002* to prepare a proposal for harmonised classification and labelling of substances and, where appropriate, specific concentration limits, M-factors or acute toxicity estimates, or a proposal for revision thereof. The Commission may subsequently submit the proposal to the Agency.
The Commission may ask the Agency or the European Food Safety Authority established in accordance with Article 1(2) of Regulation (EC) No 178/2002* to prepare a proposal for harmonised classification and labelling of a substance or a group of substances and, where appropriate, specific concentration limits, M-factors or acute toxicity estimates, or a proposal for revision thereof. The Commission may subsequently submit the proposal to the Agency.
The Agency and the Authority may, on their own initiative, provide scientific advice to the Commission and Member States on substances or a group of substances where a harmonised classification could be necessary to protect human and animal health and the environment.
Amendment 51 Proposal for a regulation Article 1 – paragraph 1 – point 18 – point a Regulation (EC) No 1272/2008 Article 37 – paragraph 1 – subparagraph 3
The proposals referred to in the first and the second subparagraphs shall follow the format set out in Part 2 of Annex VI and contain the relevant information provided for in Part 1 of Annex VI.
The proposals for harmonised classification and labelling of a substance or a group of substances referred to in the first and the second subparagraphs shall follow the format set out in Part 2 of Annex VI and contain the relevant information provided for in Part 1 of Annex VI.
Amendment 52 Proposal for a regulation Article 1 – paragraph 1 – point 18 – point a Regulation (EC) No 1272/2008 Article 37 – paragraph 1 – subparagraph 3 a (new)
'Whenever considered scientifically justified and possible by a competent authority or the Commission, proposals for harmonised classification and labelling shall prioritise groups of substances rather than individual substances.'
Amendment 101 Proposal for a regulation Article 1 – paragraph 1 – point 18 – point b Regulation (EC) 1272/2008 Article 37 – paragraph 2 – subparagraph 1
2. Manufacturers, importers or downstream users of substances may submit to the Agency a proposal for harmonised classification and labelling of those substances and, where appropriate, specific concentration limits, M-factors or acute toxicity estimates, provided that there is no entry in Part 3 of Annex VI for such substances in relation to the hazard class or differentiation covered by that proposal.;
2. Manufacturers, importers or downstream users of substances may submit to the Agency a proposal for harmonised classification and labelling of those substances and, where appropriate, specific concentration limits, M-factors or acute toxicity estimates, provided that there is no entry in Part 3 of Annex VI for such substances in relation to the hazard class or differentiation covered by that proposal. In the case of a proposal for harmonised classification and labelling of a group of substances, those substances shall be grouped together based on clear scientific criteria (as specified in REACH Annex XI (1.5)), including structural similarity and similar evidence-based hazard profiles.
Amendment 54 Proposal for a regulation Article 1 – paragraph 1 – point 18 – point c Regulation (EC) No 1272/2008 Article 37 – paragraph 2a – subparagraph 2
Within one week from receipt of the notification, the Agency shall publish the name and, where relevant, the EC and CAS numbers of the substance(s), the status of the proposal and the name of the submitter. The Agency shall update the information on the status of the proposal after completion of each stage of the process referred to in Article 37(4) and (5).
Within one week from receipt of the notification, the Agency shall publish the name, the EC and CAS numbers of the substance(s), and where relevant, the status of the proposal and the name of the submitter. The Agency shall update the information on the status of the proposal after completion of each stage of the process referred to in Article 37(4) and (5).
Amendment 55 Proposal for a regulation Article 1 – paragraph 1 – point 18 – point e Regulation (EC) No 1272/2008 Article 37 – paragraph 5 – subparagraph 1
The Commission shall adopt without undue delay, delegated acts in accordance with Article 53a to amend Annex VI by inclusion of substances together with the relevant classification and labelling elements and, where appropriate, the specific concentration limits, M-factors or acute toxicity estimates in Table 3 of Part 3 of Annex VI.
The Commission,within twelve months of the publication of the opinion of the Committee for Risk Assessment, shall adopt delegated acts in accordance with Article 53a to amend Annex VI by inclusion of substances or mixtures together with the relevant classification and labelling elements and, where appropriate, the specific concentration limits, M-factors or acute toxicity estimates in Table 3 of Part 3 of Annex VI.
Amendment 56 Proposal for a regulation Article 1 – paragraph 1 – point 18 – point e Regulation (EC) No 1272/2008 Article 37 – paragraph 6
6. Manufacturers, importers and downstream users who have new information which may lead to a change of the harmonised classification and labelling elements of substances in Part 3 of Annex VI shall submit a proposal in accordance with paragraph 2, second subparagraph, to the competent authority in one of the Member States in which the substances are placed on the market.
6. Manufacturers, importers and downstream users who have new information which may lead to change of the harmonised classification and labelling elements of substances in Part 3 of annex VI shall submit a proposal in accordance with paragraph 2, second subparagraph, to the competent authority in one of the Member States in which the substances are placed on the market.
Amendment 57 Proposal for a regulation Article 1 – paragraph 1 – point 18 – point f Regulation (EC) No 1272/2008 Article 37 – paragraph 7 – subparagraph 1
The Commission shall adopt delegated acts in accordance with Article 53a to amend Table 3 of Part 3 of Annex VI to this Regulation by inclusion of substances as endocrine disruptor category 1 for human health properties, endocrine disruptor category 1 for environment properties, as persistent, bioaccumulative and toxic or as very persistent and very bioaccumulative together with relevant classification and labelling elements where, on … [OP: please insert the date = the date of entry into force of Commission Delegated Regulation (EU) …i.e. delegated act on the new hazard classes - reference to be added once adopted], those substances have been included in the candidate list referred to in Article 59(1) of Regulation (EC) No 1907/2006.
By 1 January 2026, the Commission shall adopt delegated acts in accordance with Article 53a to amend Table 3 of Part 3 of Annex VI to this Regulation by inclusion of substances as endocrine disruptor category 1 for human health properties, endocrine disruptor category 1 for environment properties, as persistent, bioaccumulative and toxic, as very persistent and very bioaccumulative, as persistent, mobile and toxic, or very persistent and very mobile together with relevant classification and labelling elements where, on 1 January 2025, those substances have been included in the candidate list referred to in Article 59(1) of Regulation (EC) No 1907/2006.
Amendment 58 Proposal for a regulation Article 1 – paragraph 1 – point 20 – point a – point ii Regulation (EC) No 1272/2008 Article 40 – paragraph 1 – subparagraph 1 – point g
(g) where applicable, the reason for divergence from the most severe classification per hazard class included in the inventory referred to in Article 42;
(g) where applicable, and without needing to acquire new data or new studies being necessary, the reason for divergence from the most severe classification per hazard class included in the inventory referred to in Article 42;
Amendment 59 Proposal for a regulation Article 1 – paragraph 1 – point 20 – point a – point ii Regulation (EC) No 1272/2008 Article 40 – paragraph 1 – subparagraph 1 – point h
(h) where applicable, the reason for introducing a more severe classification per hazard class compared to those included in the inventory referred to in Article 42.;
(h) where applicable and without needing to acquire new data or new studies being necessary, the reason for introducing a more severe classification per hazard class compared to those included in the inventory referred to in Article 42;
Amendment 60 Proposal for a regulation Article 1 – paragraph 1 – point 20 a (new) Regulation (EC) No 1272/2008 Article 41
(20a) Article 41 is replaced by the following:
Article 41
"Article 41
Agreed entries
Agreed entries
Where the notification in Article 40(1) results in different entries on the inventory referred to in Article 42 for the same substance, the notifiers and registrants shall make every effort to come to an agreed entry to be included in the inventory. The notifiers shall inform the Agency accordingly.
Where the notification in Article 40(1) results in different entries on the inventory referred to in Article 42 for the same substance, the notifiers and registrants shall make every effort to come to an agreed entry to be included in the inventory. The notifiers shall inform the Agency accordingly. In case where notifiers and registrants cannot come to an agreed entry because of divergences about the level of scientific evidence supporting a classification and labelling of the same substance, the most protective classification shall prevail.'"
Amendment 61 Proposal for a regulation Article 1 – paragraph 1 – point 21 Regulation (EC) No 1272/2008 Article 42 – paragraph 1 – subparagraph 3 – introductory part
The following information shall be made publicly available free of charge online:
The following information shall be made publicly available free of charge online in a user-friendly format:
Amendment 62 Proposal for a regulation Article 1 – paragraph 1 – point 21 Regulation (EC) No 1272/2008 Article 42 – paragraph 1 – subparagraph 3 – point a
(a) information referred to in Article 40(1), point (a), except where a notifier duly justifies why such publication is potentially harmful for its commercial interests or the commercial interests of any other concerned party;
(a) information referred to in Article 40(1), point (a);
Amendment 63 Proposal for a regulation Article 1 – paragraph 1 – point 21 a (new) Regulation (EC) No 1272/2008 Article 42 – paragraph 3 a (new)
(21a) In the Article 42, the following paragraph 3a is added:
"3a. Where the Agency considers that an entry is incomplete, incorrect or obsolete it shall delete the corresponding entry from the inventory after having informed the notifier."
Amendment 64 Proposal for a regulation Article 1 – paragraph 1 – point 21 b (new) Regulation (EC) No 1272/2008 Article – 43 (new)
(21b) The following Article -43 is inserted:
Article -43
Right to request action from competent authorities and the Commission
1. Any natural or legal person, individually or in association, shall be entitled to submit substantiated evidence to competent authorities as referred to in Article 43 or the Commission, such as peer-reviewed studies, human biomonitoring data, or environmental monitoring data, on the hazardous properties of a substance or mixture, or of substances or mixtures, showing that hazardous properties of a substance or mixture or of substances or mixtures may not have been sufficiently considered in the classification or labelling process.
2. The competent authorities or the Commission shall diligently and impartially assess the information submitted in accordance with paragraph 1, adding the evidence submitted to all other available evidence using a weight of evidence approach.
3. Where the evidence submitted shows non-compliance with one or several of the requirements on the classification, labelling and packaging of substances and mixtures, enforcement measures shall be initiated in accordance with Article 47.
4. Where the assessment has shown that the substance meets the criteria for classification in any of the hazard classes referred to in Article 36(1), the competent authority or the Commission shall initiate a process of harmonised classification and labelling. Where the assessment has shown a wide dispersive use of and/or consumer exposure to the substance or mixture concerned, the competent authority or the Commission shall initiate a risk management process under Article 59, Article 69, or Article 68(2) of Regulation (EU) No 1907/2006. Where the assessment has shown a lack of information on the risk to health or the environment posed by a hazardous substance or mixture, the competent authority or the Commission shall require companies or any other relevant actor to provide more information, with a view to taking risk management measures under Title VI, VII or VIII of Regulation (EU) 1907/2006, where necessary.
5. Where the evidence submitted should have been included in the registration dossier submitted under Regulation (EU) No 1907/2006 but was omitted by the registrant, the enforcement measure shall be initiated under Article 126 of Regulation (EU) No 1907/2006 against registrants the registration of whom is non-compliant.
6. The competent authority or the Commission, shall, within 6 months, inform the natural or legal persons referred to in paragraph 1, of its opinion on the evidence and concerns submitted under paragraph 1, and of any steps it plans to take to address those concerns, providing the reasons for both the opinion reached and the steps proposed.
7. Competent authorities and the Commission shall publish an annual report on the requests received and how they have been dealt with.
Amendment 65 Proposal for a regulation Article 1 – paragraph 1 – point 21 c (new) Regulation (EC) No 1272/2008 Article – 43 a (new)
(21c) The following Article -43a is added:
Article -43a
Access to justice
1. Any natural or legal person which has submitted a substantiated concern in accordance with Article -43a shall have access to an administrative or judicial procedure to review the procedural and substantive legality of the decisions, acts or omissions of the relevant competent authority under this Regulation.
2. Member States shall ensure access to administrative or judicial procedures to review their decisions, acts and omissions, in accordance with national law or practice. Decisions, acts and omissions by the Commission shall be subject to review in accordance with Regulation EU (No) 1367/2006.
3. The procedures referred to in paragraph 2 shall be fair, equitable, timely and not prohibitively expensive while providing adequate and effective remedies, including injunctive relief where necessary. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
Amendment 66 Proposal for a regulation Article 1 – paragraph 1 – point 23 Regulation (EC) No 1272/2008 Article 48 – paragraph 1
1. Any advertisement for a substance classified as hazardous shall indicate the relevant hazard pictogram, the signal word, the hazard class and the hazard statements.
1. Any advertisement for a substance classified as hazardous shall indicate the relevant hazard pictogram, the signal word, the hazard class and the hazard statements. Any advertisement for a substance for sale to the general public shall in addition indicate “always read and follow the information on the product label.
Amendment 67 Proposal for a regulation Article 1 – paragraph 1 – point 23 Regulation (EC) No 1272/2008 Article 48 – paragraph 2
2. Any advertisement for a mixture classified as hazardous or covered by Article 25(6) shall indicate the hazard pictogram, the signal word, the hazard class and the hazard statements.
2. Any advertisement for a mixture classified as hazardous or covered by Article 25(6) shall indicate the hazard pictogram, the signal word, the hazard class and the hazard statements. Any advertisement for sale of mixtures to the general public shall, in addition, indicate “always read and follow the information on the product label.
Amendment 102 Proposal for a regulation Article 1 – paragraph 1 – point 23 Regulation (EC) 1272/2008 Article 48 – paragraph 2a (new)
2a. The use of environmental claims as defined in Article 2, point (o), of Directive 2005/29/EC shall be prohibited for substances and mixtures which are classified as hazardous due to their germ cell mutagenic, carcinogenic, toxic to reproduction, endocrine disruption for human health or the environment, persistent, bioaccumulative and toxic (PBT), very persistent, very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), or very persistent, very mobile (vPvM) properties;
Amendment 69 Proposal for a regulation Article 1 – paragraph 1 – point 25 – point -a (new) Regulation (EC) No 1272/2008 Article 50 – paragraph 2 – point a
(-a) in Article 50, paragraph 2, point a is amended as following:
(a) provide industry with technical and scientific guidance and tools where appropriate on how to comply with the obligations laid down by this Regulation;
"(a) provide industry with up to date technical and scientific guidance and tools where appropriate on how to comply with the obligations laid down by this Regulation;"
Amendment 70 Proposal for a regulation Article 1 – paragraph 1 – point 25 – point a Regulation (EC) No 1272/2008 Article 50 – paragraph 2 – point b
(b) provide competent authorities with technical and scientific guidance and tools on the operation and implementation of this Regulation and provide support to the helpdesks established by Member States under Article 44.;
(b) provide competent authorities with up to date technical and scientific guidance and tools on the operation and implementation of this Regulation and provide support to the helpdesks established by Member States under Article 44.
Amendment 71 Proposal for a regulation Article 1 – paragraph 1 – point 25 – point b a (new) Regulation (EC) No 1272/2008 Article 50 – paragraph 3 a (new) and 3 b (new)
(ba) the following paragraphs are added:
“3a. The Agency shall be provided with adequate resources to support its work.
3b. In order to provide adequate expertise, support, and thorough scientific evaluations, appropriate and stable funding for the Agency shall be ensured.”
Amendment 72 Proposal for a regulation Article 1 – paragraph 1 – point 26 – point -a (new) Regulation (EC) No 1272/2008 Article 53 – paragraph 1
(-a) In Article 53, paragraph 1 is replaced by the following:
1. The Commission may adjust and adapt Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29 and 35(2) second and third subparagraph and Annexes I to VII to technical and scientific progress, including taking due account of the further development of the GHS, in particular any UN amendments relating to the use of information on similar mixtures, and considering the developments in internationally recognised chemical programmes and of the data from accident databases. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 54(3). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 54(4).
"1. The Commission may adjust and adapt Articles 6(5), 11(3), 12, 14, 18(3)(b), 23, 25 to 29 and 35(2) second and third subparagraph and Annexes I to VII to technical and scientific progress, including the promotion of alternative methods for assessment of hazards of substances and mixtures, taking due account of the further development of the GHS, in particular any UN amendments relating to the use of information on similar mixtures, and considering the developments in internationally recognised chemical programmes and of the data from accident databases. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 54(3). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 54(4)."
Amendment 73 Proposal for a regulation Article 1 – paragraph 1 – point 26 – point a Regulation (EC) No 1272/2008 Article 53 – paragraph 1a
1a. The Commission is empowered to adopt delegated acts in accordance with Article 53a to amend section 1.6. of Annex I in order to adapt the label elements referred to in Article 34a(2) to technical progress or to the level of digital readiness among all population groups in the Union. When adopting those delegated acts, the Commission shall take into account the societal needs and a high level of protection of human health and the environment;
1a. The Commission is empowered to adopt delegated acts in accordance with Article 53a to amend section 1.6. of Annex I in order to adapt the label elements referred to in Article 34a(2) to technical progress or to the level of digital readiness among all population groups in the Union. When adopting those delegated acts, the Commission shall ensure a high level of protection of human health and the environment and take into account societal needs. The Commission shall make sure that information which is critical to protect human health and the environment shall be easily accessible on the label;
Amendment 74 Proposal for a regulation Article 1 – paragraph 1 – point 26 – point a Regulation (EC) No 1272/2008 Article 53 – paragraph 1b – point d
(d) take into account the level of digital readiness among all population groups in the Union;
(d) take into account the level of digital readiness among all population groups in the Union, as well as the readiness of the necessary wireless and other technological infrastructure allowing unrestricted access to the information on chemicals;
Amendment 75 Proposal for a regulation Article 1 – paragraph 1 – point 26 – point b Regulation (EC) No 1272/2008 Article 53 – paragraph 2
2. The Commission or the Member States acting in the interest of the Union shall, in the manner appropriate to their role in the relevant UN fora, promote the harmonisation of the criteria for classification and labelling of endocrine disruptors for human health, endocrine disruptors for the environment, persistent, bioaccumulative and toxic (PBT), very persistent and very bioaccumulative (vPvB), persistent, mobile and toxic (PMT) and very persistent and very mobile (vPvM) substances as well as alternative test methods at the level of the UN.;
2. The Commission or the Member States acting in the interest of the Union shall, in the manner appropriate to their role in the relevant UN fora, promote the harmonisation of the criteria for classification and labelling of endocrine disruptors for human health, endocrine disruptors for the environment, persistent, bioaccumulative and toxic (PBT), very persistent and very bioaccumulative (vPvB), persistent, mobile and toxic (PMT) and very persistent and very mobile (vPvM) substances as well the development of criteria for immunotoxic and neurotoxic substances as well as alternative test methods, including new approach methods and in particular non-animal methods at the level of the UN to address existing and emerging hazard classes.;
Amendment 76 Proposal for a regulation Article 1 – paragraph 1 – point 26 – point c Regulation (EC) No 1272/2008 Article 53 – paragraph 3
3. The Commission shall regularly evaluate the development of alternative test methods referred to in Article 13(1) of Regulation (EC) No 1907/2006 for classification of substances and mixtures.
3. The Commission shall promote and evaluate the development of alternative test methods referred to in Article 13(1) of Regulation (EC) No 1907/2006 for classification of substances and mixtures, including new approach methods and in particular non-animal test methods, at least every three years, and adopt delegated acts in accordance with Article 53a, to update Annex I to this Regulation to reflect such technical progress, if relevant. The Commission shall adopt a delegated act in accordance with Article 53a to update Annex I to this Regulation no more than twelve months after non-animal data are included in harmonised criteria for classification and labelling at the level of the UN.
Amendment 77 Proposal for a regulation Article 1 – paragraph 1 – point 26 – point c a (new) Regulation (EC) No 1272/2008 Article 53 – paragraph 3 a (new)
(ca) In Article 53, paragraph 3a is added as following:
"3a. The Commission shall assess the introduction of hazard criteria for immunotoxicity and neurotoxicity by 31 December 2025 and, where appropriate, adopt delegated acts in accordance with Article 53a. The Commission shall foster the rapid introduction of those hazard classes at the UNGHS."
Amendment 78 Proposal for a regulation Article 1 – paragraph 1 – point 27 – point a Regulation (EC) No 1272/2008 Article 53a – paragraph 2
The power to adopt delegated acts referred to in Articles 37(5), 37(7), 37(8), 45(4) 53(1), 53(1a) and 53(1b) shall be conferred on the Commission for a period of five years from [OP please insert the date = the date of entry into force of this Regulation] ;
The power to adopt delegated acts referred to in Articles 37(5), 37(7), 37(8), 45(4), 53(1), 53(1a), 53(1b), 53(3) and 53(3a) shall be conferred on the Commission for a period of five years from [OP please insert the date = the date of entry into force of this Regulation].
Amendment 79 Proposal for a regulation Article 1 – paragraph 1 – point 27 – point b Regulation (EC) No 1272/2008 Article 53a – paragraph 3
The delegation of power referred to in Articles 37(5), 37(7) and 37(8), 45(4), 53(1), 53(1a) and 53(1b), may be revoked at any time by the European Parliament or by the Council.;
The delegations of power referred to in Articles 37(5), 37(7) and 37(8), 45(4), 53(1), 53(1a), 53(1b), 53(3) and 53(3a) may be revoked at any time by the European Parliament or by the Council.
Amendment 80 Proposal for a regulation Article 1 – paragraph 1 – point 27 – point c Regulation (EC) No 1272/2008 Article 53 – paragraph 6
A delegated act adopted pursuant to Articles 37(5), 37(7), 37(8), 45(4) 53(1), 53(1a) and 53(1b), 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.;
A delegated act adopted pursuant to Article Articles 37(5), 37(7), 37(8), 45(4), 53(1), 53(1a), 53(1b), 53(3) or 53(3a) 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.;
Amendment 116 Proposal for a regulation Article 1 – paragraph 1 – point 29 a (new) Regulation (EC) No 1272/2008 Article 54 a (new)
(29a) the following article is inserted:
"Article 54a
Review Clause
No sooner than [insert date six years after the date of entry into force of this Regulation], the Commission shall present a report to the European Parliament and the Council regarding the evaluation and classification of substances of renewable botanical origin containing more than one constituent referred to in Article 5(3a).";
Amendment 82 Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EC) No 1272/2008 Article 61 – paragraph 7
Substances and mixtures which have been classified, labelled and packaged in accordance with Article 1(1), Article 4(10), Article 5, Article 6(3) and (4), Article 9(3) and (4), Article 25(6) and (9), Articles 29, 30 and 35, Article 40(1) and (2), Article 42(1), third sub-paragraph, Article 48, section 1.2.1. of Annex I, section 1.5.1.2 of Annex I, section 1.5.2.4.1 of Annex I, Parts 3 and 5 of Annex II, Part A, the first sub-paragraph of section 2.4, of Annex VIII, Part B, section 1, of Annex VIII, Part B, the third paragraph of section 3.1, of Annex VIII , Part B, section 3.6, of Annex VIII, Part B, the first row of Table 3 of Section 3.7, of Annex VIII, Part B, the first paragraph of Section 4.1, of Annex VIII, Part C, sections 1.2 and 1.4, of Annex VIII, and Part D, sections 1, 2 and 3, of Annex VIII as applicable on … [OP: please insert the date = the day before the entry into force of this Regulation] and which were placed on the market before [OP: please insert the date = the first day of the month following 18 months after the date of entry into force of this Regulation ] are not required to be classified, labelled and packaged in accordance with this Regulation as amended by Regulation …/… of the European Parliament and of the Council* [OP: please complete the reference in the footnote – it should be the reference to this Regulation] until … [OP: please insert the date = the first day of the month following 42 months after the date of entry into force of this Regulation].
Substances which have been classified, labelled and packaged in accordance with Article 1(1), Article 4(10), Article 5, Article 6(3) and (4), Article 9(3) and (4), Article 25(6) and (9), Articles 29, 30 and 35, Article 40(1) and (2), Article 42(1), third sub-paragraph, Article 48, section 1.2.1. of Annex I, section 1.5.1.2 of Annex I, section 1.5.2.4.1 of Annex I, Parts 3 and 5 of Annex II, Part A, the first sub-paragraph of section 2.4, of Annex VIII, Part B, section 1, of Annex VIII, Part B, the third paragraph of section 3.1, of Annex VIII , Part B, section 3.6, of Annex VIII, Part B, the first row of Table 3 of Section 3.7, of Annex VIII, Part B, the first paragraph of Section 4.1, of Annex VIII, Part C, sections 1.2 and 1.4, of Annex VIII, and Part D, sections 1, 2 and 3, of Annex VIII as applicable on … [OP: please insert the date = the day before the entry into force of this Regulation] and which were placed on the market before [OP: please insert the date = the first day of the month following 18 months after the date of entry into force of this Regulation ] are not required to be classified, labelled and packaged in accordance with this Regulation as amended by Regulation …/… of the European Parliament and of the Council* [OP: please complete the reference in the footnote – it should be the reference to this Regulation] until … [OP: please insert the date = the first day of the month following 42 months after the date of entry into force of this Regulation].
Amendment 83 Proposal for a regulation Article 1 – paragraph 1 – point 30 – point a (new) Regulation (EC) No 1272/2008 Article 61 – paragraph 7 a (new)
a) In Article 61, the following paragraph is added:
"7a. Mixtures which have been classified, labelled and packaged in accordance with Article 1(1), Article 4(10), Article 5, Article 6(3) and (4), Article 9(3) and (4), Article 25(6) and (9), Articles 29, 30 and 35, Article 40(1) and (2), Article 42(1), third subparagraph, Article 48, section 1.2.1. of Annex I, section 1.5.1.2 of Annex I, section 1.5.2.4.1 of Annex I, Parts 3 and 5 of Annex II, Part A, the first subparagraph of section 2.4, of Annex VIII, Part B, section 1, of Annex VIII, Part B, the third paragraph of section 3.1, of Annex VIII , Part B, section 3.6, of Annex VIII, Part B, the first row of Table 3 of Section 3.7, of Annex VIII, Part B, the first paragraph of Section 4.1, of Annex VIII, Part C, sections 1.2 and 1.4, of Annex VIII, and Part D, sections 1, 2 and 3, of Annex VIII as applicable on … [OP: please insert the date = the day before the entry into force of this Regulation] and which were placed on the market before [OP: please insert the date = the first day of the month following 24 months ] after the date of entry into force of this Regulation ] are not required to be classified, labelled and packaged in accordance with this Regulation as amended by Regulation …/… of the European Parliament and of the Council* [OP: please complete the reference in the footnote – it should be the reference to this Regulation] until … [OP: please insert the date =the first day of the month following 48 months after the date of entry into force of this Regulation]."
Amendment 84 Proposal for a regulation Article 2 – paragraph 2 – introductory part
2. The following provisions shall apply from [OP: please insert the date = the first day of the month following 18 months after the date of entry into force of this Regulation]:
2. The following provisions shall apply to substances and mixtures from [OP: please insert the date = the first day of the month following 18 months after the date of entry into force of this Regulation]:
Amendment 85 Proposal for a regulation Article 2 – paragraph 2 a (new)
2a. The following provisions shall apply to mixtures from [OP: please insert the date = the first day of the month following 24 months after the date of entry into force of this Regulation]: (a) Article 1, points (1), (4), (5), (6), (7), (10), (11), (12), (15), (16), (20), (21), (23) and (24); (b) points (2), (3), (7), (9) and (10) of Annex I; (c) Annex II; (d) points (1)(c), (2), (3) and (4) of Annex III.
Amendment 86 Proposal for a regulation Article 2 – paragraph 3 – introductory part
3. By way of derogation from Article 1(1), Article 4(10), Article 5, Article 6(3) and (4), Article 9(3) and (4), Article 25(6) and (9), Articles 29, 30 and 35, Article 40(1) and (2), Article 42(1), third sub-paragraph, Article 48, section 1.2.1. of Annex I, section 1.5.1.2 of Annex I, section 1.5.2.4.1 of Annex I, Parts 3 and 5 of Annex II, Part A, the first sub-paragraph of section 2.4, of Annex VIII, Part B, section 1, of Annex VIII, Part B, the third paragraph of section 3.1, of Annex VIII , Part B, section 3.6, of Annex VIII, Part B, the first row of Table 3 of Section 3.7, of Annex VIII, Part B, the first paragraph of Section 4.1, of Annex VIII, Part C, sections 1.2 and 1.4, of Annex VIII, and Part D, sections 1, 2 and 3, of Annex VIII to Regulation (EC) No 1272/2008 as applicable on [OP: please insert the date = the day before the date of entry into force of this Regulation], substances and mixtures may until … [OP: please insert the date = the last day of the month following 17 months after the date of entry into force of this Regulation] be classified, labelled and packaged in accordance with Regulation (EC) No 1272/2008 as amended by the following provisions of this Regulation:
3. By way of derogation from Article 1(1), Article 4(10), Article 5, Article 6(3) and (4), Article 9(3) and (4), Article 25(6) and (9), Articles 29, 30 and 35, Article 40(1) and (2), Article 42(1), third sub-paragraph, Article 48, section 1.2.1. of Annex I, section 1.5.1.2 of Annex I, section 1.5.2.4.1 of Annex I, Parts 3 and 5 of Annex II, Part A, the first sub-paragraph of section 2.4, of Annex VIII, Part B, section 1, of Annex VIII, Part B, the third paragraph of section 3.1, of Annex VIII , Part B, section 3.6, of Annex VIII, Part B, the first row of Table 3 of Section 3.7, of Annex VIII, Part B, the first paragraph of Section 4.1, of Annex VIII, Part C, sections 1.2 and 1.4, of Annex VIII, and Part D, sections 1, 2 and 3, of Annex VIII to Regulation (EC) No 1272/2008 as applicable on [OP: please insert the date = the day before the date of entry into force of this Regulation], substances may until … [OP: please insert the date = 18months after the date of entry into force of this Regulation] and mixtures may until … [OP: please insert the date = the last day of the month following 35 months after the date of entry into force of this Regulation] be classified, labelled and packaged in accordance with Regulation (EC) No 1272/2008 as amended by the following provisions of this Regulation:
Amendment 87 Proposal for a regulation Annex I – paragraph 1 – point 2 Regulation (EC) No 1272/2008 Annex I – Part 1 – Section 1.2.1.4. – table 1.3 –row 2
Not exceeding 3 litres:
If possible, at least 52x74
Not smaller than 10x10
If possible, at least 16x16
8pt
Not exceeding 3 litres:
If possible, at least 52x74
Not smaller than 10x10
If possible, at least 16x16
1,4 (x-height in millimeters)
Amendment 88 Proposal for a regulation Annex I – paragraph 1 – point 2 Regulation (EC) No 1272/2008 Annex I – Part 1 – Section 1.2.1.4. – table 1.3 –row 3
Greater than 3 litres but not exceeding 50 litres:
At least 74x105
At least 23x23
12pt
Greater than 3 litres but not exceeding 50 litres:
At least 74x105
At least 23x23
1,8 (x-height in millimeters)
Amendment 89 Proposal for a regulation Annex I – paragraph 1 – point 2 Regulation (EC) No 1272/2008 Annex I – Part 1 – Section 1.2.1.4. – table 1.3 –row 4
Greater than 50 litres but not exceeding 500 litres:
At least 105x148
At least 32x32
16pt
Greater than 50 litres but not exceeding 500 litres:
At least 105x148
At least 32x32
2,4 (x-height in millimeters)
Amendment 90 Proposal for a regulation Annex I – paragraph 1 – point 2 Regulation (EC) No 1272/2008 Annex I – Part 1 – Section 1.2.1.4. – table 1.3 –row 5
Greater than 500 litres:
At least 148x210
At least 46x46
20pt’;
Greater than 500 litres:
At least 148x210
At least 46x46
3,0 (x-height in millimeters)
Amendment 91 Proposal for a regulation Annex I – paragraph 1 – point 3 a (new) Regulation (EC) No 1272/2008 Annex I – Part 1 – Section 1.2.1.5 a (new))
(3a) In Annex I, part I, the following section is added:
Section 1.2.1.5.a For multilingual labels, the languages shall be ordered in a logical way, e.g. alphabetically.
Amendment 92 Proposal for a regulation Annex I – paragraph 1 – point 9 Regulation (EC) No 1272/2008 Annex I – Part 1 – Section 1.5.2.4.1. – point b – point iv a (new)
Amendment 93 Proposal for a regulation Annex I – paragraph 1 – point -1 (new) Regulation (EC) No 1272/2008 Annex I – Part 1 – Section 1.5.2.4.1. – point b – point v a (new)
(va) Skin sensitisation, category 1 (sub-categories 1A and 1B);
Amendment 94 Proposal for a regulation Annex II – paragraph 1 – point -1 a(new) Regulation (EC) No 1272/2008 Annex II – Part 3 – Section 3.1.1.1
-1a) in Part 3 of Annex II to Regulation (EC) No 1272/2008, point 3.1.1.1. is amended as following:
3.1.1.1.Packaging of whatever capacity containing a substance or mixture supplied to the general public and classified for acute toxicity, categories 1 to 3, STOT — single exposure category 1, STOT — repeated exposure category 1, or skin corrosion category 1 shall be fitted with child-resistant fastenings.
"3.1.1.1. Packaging of whatever capacity containing a substance or mixture supplied to the general public and classified for acute toxicity, categories 1 to 3, STOT — single exposure category 1, STOT — repeated exposure category 1, or skin corrosion category 1, or serious eye damage category 1 shall be fitted with child-resistant fastenings."
Amendment 95 Proposal for a regulation Annex II – paragraph -1 a (new) Regulation (EC) No 1272/2008 Annex II – Part 3 – section 3.2.1
(-1a) In Part 3 of Annex II, section 3.2.1. is replaced by the following:
3.2.1. Packaging to be fitted with a tactile warning
"3.2.1. Packaging to be fitted with a tactile warning
Where substances or mixtures are supplied to the general public and classified for acute toxicity, skin corrosion, germ cell mutagenicity category 2, carcinogenicity category 2, reproductive toxicity category 2, respiratory sensitisation, or Stot, categories 1 and 2, aspiration hazard, or flammable gases, liquids and solids in categories 1 and 2, the packaging of whatever capacity, shall be fitted with a tactile warning of danger.
Where substances or mixtures are supplied to the general public and classified for acute toxicity, skin corrosion/skin irritation, serious eye damage/eye irritation, endocrine disruption for human health category 2, endocrine disruption for the environment category 2, germ cell mutagenicity category 2, carcinogenicity category 2, reproductive toxicity category 2, respiratory or skin sensitization, STOT categories 1 or 2, aspiration hazard, flammable gases, flammable liquids categories 1 or 2, or flammable solids, the packaging of whatever capacity, shall be fitted with a tactile warning of danger. "
Amendment 96 Proposal for a regulation Annex II – paragraph 1 – point 1 Regulation (EC) No 1272/2008 Annex II – Part 3 – Section 3.4 – point b
(b) a label is firmly affixed on a visible place of the refill station and with a font size that is easily legible and without serifs;
(b) a label is firmly affixed on a visible place of the refill station and fulfils the requirements of Article 31;
Amendment 97 Proposal for a regulation Annex II – paragraph 1 – point 1 Regulation (EC) No 1272/2008 Annex II – Part 3 – Section 3.4 – point b a (new)
(ba) a label is available at the refill station, free-of-charge for consumers in a self-adhesive sticker form to be affixed on the container used by the consumer. Where refill stations provide several substances or mixtures, labels should easily and clearly identify which substance or mixture provided at the refill station the labels correspond to;
Amendment 98 Proposal for a regulation Annex II – paragraph 1 – point 1 Regulation (EC) No 1272/2008 Annex II – Part 3 – Section 3.4. – point k – point iv a (new)
Amendment 99 Proposal for a regulation Annex II – paragraph 1 – point 1 Regulation (EC) No 1272/2008 Annex II – Part 3 – Section 3.4. – point k – point v a (new)
(va) Skin sensitisation, category 1 (sub-categories 1A and 1B);
Amendment 100 Proposal for a regulation Annex III – paragraph 1 a (new) Regulation (EC) No 1272/2008 Annex VI
Annex VI is amended as follows:
ANNEX VI
"ANNEX VI
Harmonised classification and labelling for certain hazardous substances
Harmonised classification and labelling for certain hazardous substances
PART 2: DOSSIERS FOR HARMONISED CLASSIFICATION AND LABELLING
PART 2: DOSSIERS FOR HARMONISED CLASSIFICATION AND LABELLING
This Part lays down general principles for preparing dossiers to propose and justify harmonised classification and labelling.
This Part lays down general principles for preparing dossiers to propose and justify harmonised classification and labelling.
The relevant parts of sections 1, 2 and 3 of Annex I to Regulation (EC) No 1907/2006 shall be used for the methodology and format of any dossier.
The relevant parts of sections 1, 2 and 3 of Annex I to Regulation (EC) No 1907/2006 shall be used for the methodology and format of any dossier.
For all dossiers any relevant information from registration dossiers shall be considered and other available information may be used. For hazard information which has not been previously submitted to the Agency, a robust study summary shall be included in the dossier.
For all dossiers any relevant information from registration dossiers shall be considered and other available information may be used. For hazard information which has not been previously submitted to the Agency, a robust study summary shall be included in the dossier.
A dossier for harmonised classification and labelling shall contain the following:
A dossier for harmonised classification and labelling shall contain the following:
— Proposal The proposal shall include the identity of the substance or substances concerned and the harmonised classification and labelling proposed;
— Proposal The proposal shall include the identity of the substance or substances concerned and the harmonised classification and labelling proposed;
— Justification for the proposed harmonised classification and labelling.
— Justification for the proposed harmonised classification and labelling.
A comparison of the available information with the criteria contained in Parts 2 to 5, taking into account the general principles in Part 1, of Annex I to this Regulation shall be completed and documented in the format set out in Part B of the Chemical Safety Report in Annex I to Regulation (EC) No 1907/2006.
A comparison of the available information with the criteria contained in Parts 2 to 5, taking into account the general principles in Part 1, of Annex I to this Regulation shall be completed and documented in the format set out in Part B of the Chemical Safety Report in Annex I to Regulation (EC) No 1907/2006.
— Justification for the proposed grouping of substances to harmonized classification and labelling.
Where a harmonised classification and labelling proposal is made for a group of substances, the dossier shall include a scientific justification.
— Justification for other effects at Community level.
— Justification for other effects at Community level
For other effects than carcinogenity, mutagenicity, reprotoxicity and respiratory sensitisation a justification shall be provided that there is a need for action demonstrated at Community level. This does not apply for an active substance in the meaning of Directive 91/414/EEC or Directive 98/8/EC.
For effects other than carcinogenity, mutagenicity, reprotoxicity, endocrine disruption for human health and the environment, persistent bioaccumulative and toxic (PBT), very persistent, very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), very persistent, very mobile (vPvM), and respiratory sensitisation, a justification that there is a need for action demonstrated at Union level shall be provided. This will not apply for an active substance within the meaning of Regulation (EU) No 1107/2009 or Regulation (EU) No 528/2012."
The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0271/2023).
Mobilisation of the European Union Solidarity Fund to provide assistance to Romania, Italy and Türkiye
European Parliament resolution of 4 October 2023 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the European Union Solidarity Fund to provide assistance to Romania and Italy in relation to natural disasters in 2022 and to Türkiye in relation to the earthquakes in February 2023 (COM(2023)0381 – C9-0318/2023 – 2023/0297(BUD))
– having regard to the Commission proposal to the European Parliament and the Council COM(2023)0381 – C9‑0318/2023,
– having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund(1),
– having regard to Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027(2), and in particular Article 9 thereof,
– having regard to the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources(3), and in particular point 10 thereof,
– having regard to the Intergovernmental Panel on Climate Change’s (IPCC) special report on global warming of 1,5 °C, its special report on climate change and land, and its special report on the ocean and cryosphere in a changing climate,
– having regard to the Agreement adopted at the 21st Conference of the Parties to the UNFCCC (COP21) in Paris on 12 December 2015 (the ‘Paris Agreement’),
– having regard to its resolution of 18 May 2021 on the review of the European Union Solidarity Fund(4),
– having regards to its resolution of 15 December 2022 on upscaling the 2021-2027 multiannual financial framework: a resilient EU budget fit for new challenges(5),
– having regard to the report of the Committee on Budgets (A9-0269/2023),
A. whereas the central regions of Italy were affected by fluvial and flash flood events between 15 and 17 September 2022 resulting in total direct damages estimated by the Italian authorities at EUR 837,56 million;
B. whereas the south-eastern part of Romania suffered severe drought at the end of June - beginning of July 2022 resulting in total direct damages estimated by the Romanian authorities at EUR 1,31 billion;
C. whereas two major earthquakes of 7,8Mw and 7,5Mw magnitude(6) hit southern Türkiye in the region of Kahramanmaraş on 6 February 2023 and another powerful earthquake of 6,3 Mw hit the region of Hatay on 20 February 2023 resulting in total direct damages of EUR 78,8 billion according to the Commission;
1. Expresses its deepest solidarity with all the victims, their families and all the individuals affected by the drought in Romania, the destructive floods in Italy and the earthquakes in Türkiye, as well as with the national, regional and local authorities and non-governmental organisations involved in the relief efforts;
2. Welcomes the decision as a tangible and visible form of the Union’s solidarity with its citizens and the regions in the affected areas in Romania, Italy and Türkiye; reiterates the importance of communicating to the public the tangible benefits brought about by the the European Union Solidarity Fund (EUSF), in order to further increase citizens’ trust in Union tools and programmes; calls on the Commission and the Member States to step up communication efforts to improve the public awareness of the interventions done with the financing under the EUSF;
3. Highlights the increasing number of severe and destructive natural disasters in Europe; underlines that due to climate change extreme weather events such as those observed in Romania and Italy resulting in emergencies are going to further intensify and multiply; stresses that the EUSF is only a curative instrument and that climate change primarily requires a preventive policy in line with the Union’s international commitments and the Green Deal; urges the Union therefore to strengthen its efforts to tackle climate change both in the Union and globally; calls in that regard for a revision of regulations (EC) No 2012/2002 and (EU, Euratom) 2020/2093 to better identify the allocations dedicated to the Member States and those dedicated to the third countries due to the limited amount of EUSF resources;
4. Highlights that the Solidarity and Emergency Aid Reserve (SEAR) is constantly exhausted and does therefore not enough to compensate the consequences of man-made and natural disasters particularly disasters related to climate change; stresses that funding is insufficient to cover the needs of areas affected by natural disasters; questions on a fundamental level whether the EUSF is adequately adapted to the future consequences of climate change; regrets that the maximum amount available for that EUSF mobilisation is much lower than the potential aid amount that could be covered; reiterates that the available resources for EUSF should be increased substantially as part of the mid-term revision of the multiannual financial framework; urges the Commission to increase the budget of the SEAR and to substantially reinforce the annual budget of the EUSF so that it can adequately respond to the intensification of natural disasters within the Union and provide tangible support to the Member States affected by it in light of the magnitude and the recurrence of these kind of emergencies, particularly emergencies related to climate change;
5. Urges the Commission to come forward with a model for faster and timely mobilisation of the EUSF including the treatment of the applications, so as to allow the relevant authorities to address the restauration needs as soon as possible; recalls that the awarding, management and implementation of the EUSF grants should be as transparent as possible, and that the grants need to be used in line with the principles of sound financial management; stresses the urgent need to release financial assistance through the EUSF to ensure that support can reach the affected regions in a timely manner and provide the necessary assistance for the operations concerned, as requested by the Member States, such as for infrastructure rehabilitation, rescue services, including firefighting actions, restoration of the affected agricultural areas and provision of water;
6. Approves the decision annexed to this resolution;
7. Instructs its President to sign the decision with the President of the Council and arrange for its publication in the Official Journal of the European Union;
8. Instructs its President to forward this resolution, including its annex, to the Council and the Commission.
ANNEX
DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on the mobilisation of the European Union Solidarity Fund to provide assistance to Romania and Italy in relation to natural disasters in 2022 and to Türkiye in relation to the earthquakes in February 2023
(The text of this annex is not reproduced here since it corresponds to the final act, Decision (EU) 2023/2192.)
– having regard to the question to the Commission on the segregation and discrimination of Roma(1) children in education (O-000039/2023 – B9-0026/2023),
– having regard to Article 2 of the Treaty on European Union, Articles 10 and 19 of the Treaty on the Functioning of the European Union and Articles 14, 20, 21, 22 and 24 of the Charter of Fundamental Rights of the European Union (the ‘Charter’),
– having regard to the European Convention on Human Rights and the case-law of the European Court of Human Rights,
– having regard to Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (the Racial Equality Directive)(2),
– having regard to the Commission’s decision to launch several infringement proceedings (Czech Republic (2014), Slovakia (2015) and Hungary (2016)(3)) and to refer Slovakia on 19 April 2023 to the Court of Justice of the European Union for violating the EU rules in the Racial Equality Directive by failing to effectively tackle the issue of the segregation of Roma children in education,
– having regard to Council Framework Decision 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law(4),
– having regard to the Council Recommendation of 12 March 2021 on Roma equality, inclusion and participation(5),
– having regard to the EU Roma strategic framework for equality, inclusion and participation for 2020-2030 of 7 October 2020,
– having regard to the vision of a European education area by 2025,
– having regard to the European Social Charter,
– having regard to the Commission communication of 9 January 2023 on the assessment report of the Member States’ national Roma strategic frameworks (COM(2023)0007),
– having regard to the Commission communication of 18 September 2020 entitled ‘A Union of equality: EU anti-racism action plan 2020-2025’ (COM(2020)0565), that encourages all Member States to develop and adopt national action plans against racism and racial discrimination by the end of 2022,
– having regard to its resolution of 17 September 2020 on the implementation of National Roma Integration Strategies: combating negative attitudes towards people with Romani background in Europe’(6),
– having regard to its resolution of 5 October 2022 on the situation of Roma people living in settlements in the EU(7),
– having regard to its resolution of 10 November 2022 on racial justice, non-discrimination and anti-racism in the EU(8),
– having regard to its resolution of 19 April 2023 on combating discrimination in the EU – the long-awaited horizontal anti-discrimination directive(9),
– having regard to its resolution of 15 April 2015 on the occasion of International Roma Day – anti-Gypsyism in Europe and EU recognition of the memorial day of the Roma genocide during World War II(10),
– having regard to its resolution of 11 March 2021 on children’s rights in view of the EU Strategy on the rights of the child(11),
– having regard to General Policy Recommendation No 13 of 24 June 2011 of the Council of Europe’s European Commission against Racism and Intolerance on combating antigypsyism and discrimination against Roma,
– having regard to its resolution of 8 March 2022 on the role of culture, education, media and sport in the fight against racism(12),
– having regard to rulings Nos 5Cdo/102/2020 and 5Cdo/220/2022 of the Slovak Supreme Court confirming the discrimination of Roma children in education and the responsibility of municipalities and the state in this regard,
– having regard to its resolution of 12 February 2019 on the need for a strengthened post-2020 Strategic EU Framework for National Roma Inclusion Strategies and stepping up the fight against anti-Gypsyism(13),
– having regard to its resolution of 9 March 2011 on the EU Strategy on Roma Inclusion(14),
– having regard to the UN Convention on the Rights of the Child,
– having regard to Rules 136(5) and 132(2) of its Rules of Procedure,
A. whereas all children have the right to thrive and to develop their skills and talents by accessing an inclusive, non-segregated and quality education;
B. whereas the right to high-quality, accessible and free compulsory education, including access to early childhood and pre-school education, should be guaranteed to all children, irrespective of their ethnic origin;
C. whereas thousands of Roma pupils forming part of the biggest EU ethnic minority remain seriously discriminated against at all levels of education as a result of a lack of political will and the failure of several Member States to address effectively and overcome inequalities and their root causes;
D. whereas the persistence of multiple forms of discrimination, racism and prejudices are at the origin of the widespread segregation of Roma students in schools despite the legal prohibition of such practices under national and international frameworks;
E. whereas this educational segregation takes different forms, including the attendance of disproportionate numbers of Roma children in special schools for children with mental disabilities, segregated classes or sections for Roma pupils within mixed mainstream schools, as well as a prevalence of ‘ghetto schools’;
F. whereas the creation of parallel education systems for Roma children seriously restricts a properly functioning democracy and the rule of law, especially when it comes to the protection of minority rights;
G. whereas Roma children face intersectional discrimination and obstacles to equal participation in education, such as a failure to cover the costs associated with education, spatial segregation, a lack of childcare facilities nearby or unequal or no access to online and/or distance learning;
H. whereas poverty, a lack of access to basic services and precarious conditions have a strong impact on children’s physical, mental and emotional development and increase the chances of their dropping out of school and lagging behind in all aspects of their adult life;
I. whereas low pre-school attendance is a principal determinant of premature dropout rates among Roma, which are further exacerbated by starting school late and irregular school attendance; whereas Roma participation in secondary education is obstructed by factors such as travel, segregated housing and poorly functioning advisory services;
J. whereas discriminatory treatment is rooted in structural and institutional anti-Roma prejudice and is often compounded by national education systems that are not adapted to working with children from different social and ethnic backgrounds and vulnerable groups;
K. whereas misdiagnosis based on the results of culturally and linguistically biased, as well as discriminatory and racist, tests and tools affect the educational path of Roma pupils, especially those from a disadvantaged socio-economic background; whereas these tests identify Roma pupils as having mild mental disabilities and they are therefore systematically placed in special schools for mentally disabled children;
L. whereas instead of these children being included and supported, they receive a substandard education based on reduced school curricula in special schools and in mainstream schools within their segregated classes attended mostly or only by Roma children; whereas this has negative and lifelong consequences for these children and their future prospects;
M. whereas teachers and administrators have an important role to play in the inclusion of Roma children and creation of a safe environment free from discrimination, stigmatisation and bullying, phenomena which could be compounded by gender, sexual orientation or disability; whereas a lack of well-trained staff and sufficient financial resources is one of the obstacles to Roma children’s inclusion in mainstream schools;
N. whereas the situation in the nine years since the Commission launched the first infringement proceedings on the segregation and discrimination of Roma children in education has not improved, even though a significant amount of EU funds has been made available to support the Member States concerned in implementing various supportive measures;
O. whereas the available data from different sources at EU and national levels, including the European Union Agency for Fundamental Rights 2021 Roma Survey(15) and the Commission’s assessment report of the Member States’ national Roma strategic frameworks of January 2023, indicate that the proposed measures are not being effectively and rigorously implemented and monitored by the Member States concerned and seem to be insufficient for the scale of the challenges;
P. whereas the COVID-19 pandemic exacerbated discrimination against Roma children, many of whom were unable to keep up with the swift pace of transition to digital education owing to their living conditions and reduced learning opportunities at home, lack of digital devices and limited access to the internet or supportive and accessible tutoring; whereas educational gaps are further widened by the growing digital divide between Roma and non-Roma children;
Q. whereas the prevalence of discrimination against Roma people in many Member States hampers EU cohesion, reinforces anti-Roma sentiments and intolerance, fuels racism and radicalisation in our societies and is incompatible with laws, state obligations and the norms and values enshrined in the EU Treaties and the Charter;
R. whereas the execution of several important European Court of Human Rights judgments, such as its judgment of 13 November 2007 in the case of D.H. and Others v the Czech Republic (57325/00) and of 29 January 2013 in the case of Horváth and Kiss v Hungary (11146/11), which became final on 29 April 2013, remains pending or these judgments lack effective implementation, sometimes more than 15 years after being made;
1. Calls on the Commission and the Member States to urgently address the situation of Roma children in education in a comprehensive and effective manner, with appropriate short- and long-term policies supported by sufficient EU and national funding; reiterates its calls on all Member States to assume their prior responsibility to follow up on their commitments and to fulfil their obligations under EU and international law to ensure that all children, including Roma children, benefit from equal and free educational opportunities and enjoy the right to education;
2. Deplores the persistent segregation of Roma children in special schools, as well as within mainstream educational systems; underlines that the standardised psychological testing utilised in some Member States should not be used to deny or delay children’s entry into mainstream schools; calls for the creation of safeguards to prevent this practice;
3. Calls on the Member States to eradicate practices of continued segregation of Roma children, implement comprehensive desegregation strategies with clear targets, sufficient resources and clear and ambitious timetables, adopt inclusive learning methods, guarantee full access for Roma children to school-based activities and implement anti-discrimination campaigns in schools; underlines that educational reforms should be carried out in close cooperation with all relevant stakeholders at national, regional and local level, including with representatives of Roma communities, Roma parents and Roma-led civil society, as well as with teaching professionals;
4. Considers that eliminating segregation and discrimination in schools should go hand in hand with socio-economic measures eliminating poverty and social exclusion and increasing living standards of Roma communities, which would break the vicious cycle of intergenerational poverty and reduced learning opportunities at home;
5. Calls on the Member States to pursue new avenues to include and engage Roma children in digital education, including greater investments in improving the accessibility of digital infrastructure and digital literacy in order to prepare them for the digital era;
6. Calls on the Member States to support the education of Roma women and girls, with a particular emphasis on the importance of science, technology, engineering and mathematics (STEM) and on tackling their school dropout rate; points out the need to address gender inequalities and ensure that Roma girls are not left out of any inclusion policies;
7. Welcomes the Commission decision to launch several infringement proceedings (Czech Republic (2014), Slovakia (2015) and Hungary (2016)) for a failure to correctly implement the Racial Equality Directive and to refer Slovakia to the Court of Justice of the European Union in 2023 for violating EU law by failing to effectively tackle the issue of the segregation of Roma children in education; notes, however, that these infringement procedures have not resulted in the causes of discrimination being effectively eliminated and have not remedied the situation, as the measures undertaken by Member States are neither comprehensive nor have they been effectively implemented;
8. Firmly believes that the Commission should do everything in its power to halt and prevent violations of human rights and the fundamental values of the EU, starting by effectively channelling EU funds to support non-discriminatory practices in the Member States, including in education; reiterates its call, therefore, to establish an early warning mechanism for reporting risks of abuse or misuse of EU funds earmarked for addressing the situation of Roma people and calls on the Commission to regularly inform the public about the efficiency and concrete results of its monitoring exercises;
9. Calls on the Member States to step up their efforts to eliminate structural and systemic discrimination, including in the area of education that, in addition to fundamental political, social, economic and historical dimensions, also operates through certain norms, routines, attitudes and behaviour that could be of a racist nature and that creates obstacles to achieving real equality and equal opportunities;
10. Recalls that the participation of Roma children in early childhood and pre-school education has a positive impact on their development and school attainment, obtaining decent and quality employment, access to housing and living a life free from discrimination, thereby breaking the cycle of marginalisation and disadvantage; calls on the Member States to increase the availability and accessibility of early childhood, pre-school and compulsory education infrastructure and high-quality and inclusive services;
11. Calls on the Member States to systematically monitor dropout risks and inequalities in access to education at all levels to allow for timely interventions, both in terms of pedagogical help and individual counselling, as well as extra-curricular activities for children and their parents; stresses that engaging Roma parents in a meaningful way would also help address the risk of children dropping out of school;
12. Deplores the fact that schools attended by Roma children often have insufficient capacity, operate on two shifts, are situated in separate, run-down buildings or container schools and offer a substandard quality of education in which Roma children are cut off from their non-Roma peers;
13. Calls on the Member States to invest in training for teachers to enhance their capacity to provide appropriate teaching for Roma children, especially focused on sensitivity to Roma culture and identity, and to introduce positive strategies for promoting tolerance and tackling discriminatory and anti-Roma behaviour; calls on the Member States to allocate more financial resources for quality teaching assistants;
14. Encourages the Member States concerned to effectively use the financial resources made available under various national and EU financial instruments, including Erasmus+, the European Social Fund Plus, the European Regional Development Fund and the Recovery and Resilience Facility, in order to strengthen educational infrastructure and services, which would also allow Roma children to access quality and inclusive education;
15. Calls on the Commission to assess the environmental discrimination affecting areas inhabited by Roma communities and to address the potential impact of adverse environmental conditions on the quality of education and well-being of Roma children;
16. Points out that one of the ways to fight stereotypes and anti-Roma sentiments is to educate the public about Roma history, including the Roma Holocaust, customs, culture and language, in order to create a bridge to better understanding, as well as to exchange best practices;
17. Calls on the Member States to ensure that public policies and universal services in policy planning on education, employment, healthcare, housing, social services, transport, minimum income systems and anti-discrimination legislation reach and include Roma effectively and in a non-discriminatory manner, including those living in remote rural areas;
18. Calls on the Member States to make sure that, when developing, implementing and monitoring national action plans against racism, all actions are informed by, and based on, reliable and robust quality data; calls on the Commission and the Member States to increase the availability of data about the participation of Roma children in education and training while respecting the national legislative frameworks of the Member States and the sensitive nature of such data(16);
19. Calls on the Commission to reflect on Roma children’s education in its assessment under the vision of a European education area by 2025, which sets a high level of European ambition in the field of education for all EU Member States, focuses on improving equity and inclusion in education and training, and underpins the EU’s commitment to promoting fundamental freedoms, tolerance and non-discrimination also through education;
20. Asks the Commission to monitor and evaluate the progress made, facilitate an exchange of best practices and provide expertise, coordination and technical support to the Member States concerned;
21. Considers that a systemic failure to combat discrimination constitutes a direct threat to the rule of law and democracy and should therefore be addressed in the Commission’s annual rule of law report, as well as through other EU measures dedicated to safeguarding democracy and the rule of law;
22. Recalls that the failure to implement judgments is a breach of rule of law principles; urges the Commission to monitor the implementation of relevant judgments of the European Court of Human Rights and the courts of Member States and trigger the measures under the Rule of Law Conditionality Regulation(17), should such non-implementation affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union;
23. Instructs its President to forward this resolution to the Commission, the Council and the governments and parliaments of the Member States.
‘Roma’ is an umbrella term that encompasses a wide range of different people of Romani origin, such as Roma, Sinti, Kale, Romanichels and Boyash/Rudari; whereas it also encompasses groups such as Ashkali, Egyptians, Yenish, Dom, Lom, Rom and Abdal, as well as traveller populations, including ethnic Travellers or those designated under the administrative term gens du voyage, and people who identify as Gypsies, Tsiganes or Tziganes, without denying their specificities.
‘Guidelines on improving the collection and use of equality data’, High Level Group on Non-discrimination, Equality and Diversity, July 2018. The European Court of Auditors recommended the development of appropriate methodologies to collect relevant data on Roma inclusion in all Member States. ‘EU Policy Initiatives and Financial Support for Roma integration: significant progress made over the last decade, but additional efforts needed on the ground’, Special Report No 14/2016.
Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433 I, 22.12.2020, p. 1.
Harmonising the rights of autistic persons
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European Parliament resolution of 4 October 2023 on harmonising the rights of autistic persons (2023/2728(RSP))
– having regard to Articles 2 and 10 of the Treaty on European Union,
– having regard to Articles 19, 21, 153, 165, 168 and 174 of the Treaty on the Functioning of the European Union (TFEU),
– having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 3, 21, 24, 26, 34, 35, 41 and 47 thereof,
– having regard to the European Pillar of Social Rights, in particular principles 1, 3, 10 and 17 thereof,
– having regard to Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation(1) (Employment Equality Directive),
– having regard to its resolution of 10 March 2021 on the implementation of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation in light of the UNCRPD(2),
– having regard to the Charter for Persons with Autism, drafted by Autism-Europe and adopted by the European Parliament on 9 May 1996(3),
– having regard to the UN Convention on the Rights of Persons with Disabilities (CRPD), which entered into force in the EU on 21 January 2011 following Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities,
– having regard to the Commission communication of 3 March 2021 entitled ‘Union of Equality: Strategy for the Rights of Persons with Disabilities 2021-2030’ (COM(2021)0101),
– having regard to the written declaration of 7 September 2015 on autism signed by a majority of Parliament’s component members,
– having regard to its resolution of 18 June 2020 on the European Disability Strategy post‑2020(4),
– having regard to its resolution of 7 October 2021 on the protection of persons with disabilities through petitions: lessons learnt(5),
– having regard to its resolution of 13 December 2022 towards equal rights for persons with disabilities(6),
– having regard to the Council conclusions of 14 June 2021 on the Strategy for the Rights of Persons with Disabilities 2021-2030, calling on the 27 EU Member States to ensure better inclusion of people with disabilities and to guarantee the respect of their rights, particularly in terms of free movement, employment and housing,
– having regard to Parliamentary Assembly of the Council of Europe Resolution 2353 of 4 December 2020 on supporting people with autism and their families,
– having regard to the Commission’s ‘monitoring framework’ for the 2021-2030 Strategy for the Rights of Persons with Disabilities,
– having regard to the proposal of 6 September 2023 for a directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card for persons with disabilities (COM(2023)0512),
– having regard to Petition No 0822/2022,
– having regard to Rule 227(2) of its Rules of Procedure,
A. whereas there are approximately 100 million persons with disabilities in the EU, among whom 5 million are on the autism spectrum, representing more than 1 in 100 persons(7);
B. whereas autistic persons do not all have the same specific characteristics, and should therefore be able to benefit from the best possible support according to their own needs in their daily lives and when travelling within the EU; whereas a significant proportion of autistic persons without an associated intellectual disability can live independently but still report experiencing difficulties in gaining recognition of their disability status, despite their autism diagnosis, which, in turn, prevents them from accessing much-needed support services and disability entitlements, while others have disabilities which, depending on their severity, require lifelong care and support;
C. whereas in the Member States, it may take several years to access autism diagnoses for children and adults and, as a result, they face a lack of availability of quality and affordable person-centred intervention and support services based on individual needs and delivered by trained professionals; whereas there are currently no EU guidelines on evidence- and rights-based intervention for autism; whereas families across Europe are still targeted by offers of unproven and potentially harmful therapies and interventions, including clearly illegal procedures involving the serious physical abuse of children, such as bleach enemas, which are still widespread and under-regulated in most Member States and which should be banned; whereas delayed diagnosis and under-diagnosis can have serious consequences, spanning from denial of services to early deaths;
D. whereas all persons with disabilities have equal rights on an equal basis with others in all fields of life and are entitled to inalienable dignity, equal treatment, independent living, autonomy and full participation in society; whereas this participation is crucial for the exercise of their fundamental rights; whereas they are entitled to expect that their contribution to the social, political and economic progress of the EU is respected and valued; whereas in its resolutions, Parliament has repeatedly urged the Member States to implement appropriate policies in this direction(8);
E. whereas it is generally acknowledged that persons with disabilities continue to face multiple obstacles and discrimination in everyday life which prevent them from enjoying the fundamental freedoms and rights laid down in the applicable EU and UN legislative frameworks; whereas these include equal access to education and vocational training, to access to the labour market, with equality of opportunity and treatment in employment and occupation, to access to personal assistance and the guarantee of their voting rights, as well as of their inclusion in the community;
F. whereas autistic persons are at higher risk of being the victims of hate speech and hate crime, and are more likely to experience violence than people without disabilities; whereas they face increased barriers to accessing justice and reporting violence; whereas many autistic persons are still denied their right to legal capacity and the freedom to make their own choices and to get involved in policy making on matters that concern them; whereas they too often have to live in institutions or with their families, who also face a dire lack of support and discrimination by association; whereas autistic persons are denied their reproductive rights and autistic LGBTIQ+ persons and ethnic minorities also experience additional discrimination;
G. whereas autistic persons face disparities in access to healthcare, which leads to unmet physical and psychological healthcare needs and factors into their considerably lower life expectancy;
H. whereas autistic girls and women face multiple forms of discrimination, including barriers to accessing diagnosis, education and employment;
I. whereas the proposed anti-discrimination directive(9), which would provide greater protection against discrimination of all kinds through a horizontal approach, remains blocked in the Council;
J. whereas autistic persons are disproportionately affected by unemployment, which potentially affects up to 90 % of them(10);
K. whereas it is evident that a pressing need exists to develop inclusive training programmes for professionals across all sectors of society, with the objective of fostering a better understanding of autism, preventing discrimination and ensuring accessibility and inclusion;
L. whereas European citizenship status, as observed by Article 20 TFEU, entails the right to move and reside freely within the territory of the Member States; whereas for persons with disabilities this right is protected by Article 18 of the CRPD, ratified by the European Union and the 27 Member States, guaranteeing their liberty of movement, freedom to choose their residence and right to a nationality on an equal basis with others;
M. whereas the lack of mutual recognition of disability status and of the autism diagnosis between Member States creates barriers for autistic persons and their families to fully exercising their right to freedom of movement within the EU, as it creates obstacles for persons with disabilities when moving to another Member State for work, study or other reason, and hampers access to support; whereas these difficulties have been highlighted by petitions lodged in recent years and, in particular, the fact that disparity in autism diagnoses between Member States and differences in methods and outcomes in national disability assessment systems have an impact on people’s lives and life choices;
N. whereas the Committee on Petitions has recently received a petition requesting that the European Disability Card also ensures the protection of persons with autism spectrum disorders;
O. whereas persons with autism remain largely excluded from research, including academic, clinical and medical investigations that directly concern them;
1. Is concerned about the difficulties that autistic persons may encounter in proving their condition in all Member States and about the uncertainty that affects them when travelling within the EU, as national disability cards are not recognised in all EU countries and as there is no equal access to certain specific benefits; deplores the fact that, given that around 40 % of autistic persons do not have any associated intellectual disability, there are many EU citizens with autism who do not have a disability certificate, but only a medical diagnosis, which is a great difficulty when travelling or moving across EU borders, and means that they cannot prove their status or claim the support they need;
2. Calls on the Commission to update the proposal for an EU equal treatment directive, building on Parliament’s position as outlined in its resolution of March 2021(11), that would allow Member States to move forward in tackling discrimination across the EU, in all areas of life, as soon as possible; calls on the Presidency of the Council to give priority to the anti-discrimination directive and to discuss it at the highest political level;
3. Recalls, in line with the Strategy for the Rights of Persons with Disabilities 2021-2030, the importance of having public and disaggregated data by sex and age, and by types of disability, including autism, in order to improve public policies oriented to autistic persons and to make them more effective; in this regard, calls on the Commission and the Member States to fund and implement autism prevalence studies across all Member States;
4. Urges the Member States to facilitate access to autism diagnosis for children and adults with a focus on at-risk individuals and emphasises the need for simplified and expedited issuance of diagnostic certificates; insists that an autism diagnosis should provide disability recognition, including for autistic individuals without intellectual disabilities, to ensure equal access to rights and services in all areas of life;
5. Welcomes the recent publication of the Commission proposal for the creation of a European Disability Card by the end of 2023, aiming for it to be recognised and consistently implemented across all Member States in all areas of life, including in relation to services and support; stresses the importance of a simple and universally accessible process for obtaining the card and acknowledges that a digital format would enable validation checks;
6. Highlights the usefulness of the European Disability Card for persons with invisible disabilities, such as autism; stresses that it is crucial for the scope of this card to include all situations where special conditions or preferential treatment are offered by private operators or public authorities to persons with disabilities, and for this card to ensure these persons’ right to free movement across the EU, by facilitating the mutual recognition of disability status for card holders; calls for the inclusion of autism in the national disability grids of Member States where it is not listed, and encourages the Member States to be ambitious regarding the scope of the entitlements that card users will have; encourages the Commission, furthermore, to ensure proper implementation by all Member States by way of binding legislation;
7. Calls for the adoption of a European legal status for persons with disabilities, allowing for mutual recognition and accreditation in all Member States, taking into account the specificity of autism and ensuring the protection and inclusion of all autistic persons;
8. Stresses the importance of allocating EU funds to anti-discrimination policies against people with autism, especially women and girls;
9. Urges the Commission and the Member States to help build understanding of autism and to actively engage in awareness-raising campaigns, in collaboration with autistic persons and their representative organisations in order to foster their full inclusion and participation;
10. Calls on the Member States to develop access to reasonable accommodation in all facets of healthcare and diagnosis, with the aim of ensuring that autistic persons enjoy equal access to both physical and psychological healthcare; insists on the development of infrastructures adapted to the reception of autistic persons in hospitals, train stations, airports and in public transport, creating autism-friendly spaces such as ‘silence rooms’, and to guarantee a service to assist people with autism while travelling between Member States;
11. Calls on the Member States and the Commission to entrust the European Accessibility Resource Centre, AccessibleEU, with identifying and addressing barriers to accessibility for autistic people in accordance with Article 9 of the CRPD, to foster the provision of flexible adjustments and reasonable accommodation depending on their individual needs through the adoption of specific guidelines across sectors, and to overcome gaps in the current legislation addressing the needs of autistic people;
12. Is concerned about the high unemployment rates of autistic persons, particularly among women, compared to other groups in the EU; calls on the Member States to promote and ensure a legislative and policy framework for the participation of autistic persons in the labour market; calls on the Commission and the Member States to promote and support social enterprises focusing on their employment; encourages the Member States to adapt workplaces and to take action to improve occupational health and safety; calls for the EU and the Member States to enforce the guidelines on reasonable accommodation for autistic people in the workplace and to promote their career progression; asks the Commission to pay special attention to autistic workers in the future EU strategic framework on health and safety at work, and to set ambitious goals;
13. Strongly urges the Member States to fully comply with the Employment Equality Directive and to ensure that measures such as positive action recruitment programmes and quotas lead to tangible employment opportunities that foster an inclusive workplace;
14. Calls on the Member States to foster the training of professionals on autism across all sectors of society, such as the education, health, social, transport and justice sectors, by embedding mandatory autism training in their respective curricula, with the active involvement of autistic persons, their families and representative organisations;
15. Recalls that autistic persons have the right to participate in all educational levels and forms, including early childhood education, on an equal basis with others; highlights the need to promote access to universal, quality, affordable and inclusive education, and to provide autistic persons with individualised and ongoing personal assistance and support in the field of education; calls on the Commission and the Member States to provide accommodation and accessible study materials, as stipulated by Article 24 of the CRPD, to support the development of inclusive schools that can become a reference in inclusive and innovative teaching and learning across the EU, to monitor the access to education of autistic learners, to primary and secondary education, to vocational training and to employment;
16. Recognises the value of sport as crucial to the growth and development of autistic children and calls on the Member States to reduce the barriers encountered by autistic persons in engaging in leisure, sports and culture activities, and to promote wider participation in physical activities;
17. Stresses the importance of research on autism to uphold strong ethical standards; calls on the Commission and the Member States to promote research co-produced with autistic persons and their families with the aim of improving autistic persons’ quality of life; underlines the need to share good practices between Member States in a structured way in order to promote and deepen knowledge on autism and thus better understand the needs of autistic persons across the European Union;
18. Calls on the Member States to reform guardianship systems to allow the exercise of legal capacity by autistic persons, giving them access to supported decision-making systems, while ensuring that adequate safeguards are in place; calls on the Commission and the Member States to ensure that autistic persons are empowered and have full access to the justice system and to participate in political and public life;
19. Highlights the importance of including a component in the allocation of EU funds dedicated to anti-discrimination policies against autistic persons, especially women and girls, who face particularly high levels of poverty, social exclusion and violence, and of making forced sterilisation punishable as a criminal offence on the basis of the crime of sexual exploitation of women and children under Article 83(1) TFEU; calls for the EU institutions to ensure that the proposal of 8 March 2022 for a directive on combating violence against women and domestic violence (COM(2022)0105) includes forced sterilisation as a criminal offence under the same article; welcomes the Council Decision of June 2023 on the conclusion of the Istanbul Convention that creates a comprehensive and multifaceted legal framework to protect women against all forms of violence(12);
20. Urges the Member States to actively address other forms of intersectional discrimination experienced by autistic persons, particularly those belonging to vulnerable groups; calls on them and on the Commission to adopt cross-sectoral national strategies to provide sufficient earmarked funding for their effective implementation;
21. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.
Proposal of 2 July 2008 for a Council directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (COM(2008)0426).
Check progress on the Strategy for the Rights of Persons with Disabilities, available at: https://ec.europa.eu/social/main.jsp?langId=en&catId=1484&furtherNews=yes&newsId=10274.
European Parliament resolution of 10 March 2021 on the implementation of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation in light of the UNCRPD (OJ C 474, 24.11.2021, p. 48).
Council Decision (EU) 2023/1075 of 1 June 2023 on the conclusion, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to institutions and public administration of the Union (OJ L 43 I, 2.6.2023, p. 1).
Standardised dimensions for carry-on luggage
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European Parliament resolution of 4 October 2023 on standardised dimensions for carry-on luggage (2023/2774(RSP))
– having regard to Articles 24 and 227 of the Treaty on the Functioning of the European Union,
– having regard to Articles 91 and 100(2) of the Treaty on the Functioning of the European Union,
– having regard to Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community(1),
– having regard to the International Air Transport Association (IATA) passenger baggage rules,
– having regard to the judgment of the Court of Justice of the European Union (CJEU) of 18 September 2014 in Case C-487/12(2) (hereinafter, the CJEU’s ruling in case C-487/12),
– having regard to Petition No 0837/2019,
– having regard to Rule 227(2) of its Rules of Procedure,
A. whereas airlines individually set the rules for the number of pieces and size of travellers’ carry-on luggage and any applicable charges;
B. whereas the requirements on the size, weight and type of carry-on and checked-in luggage vary between airlines; whereas luggage size also depends on the aircraft model and its configurations;
C. whereas Regulation (EC) No 889/2002(3), implementing the 1999 Montreal Convention, only includes provisions on baggage damage or loss and delay liability issues and not provisions on the size of luggage;
D. whereas all airlines should have at least a minimum common standard dimension for carry-on luggage;
E. whereas the Commission communication of 9 December 2020 entitled ‘Sustainable and Smart Mobility Strategy – putting European transport on track for the future’ (COM(2020)0789) includes actions to review Regulation (EC) No 1008/2008, as well as to review the passenger rights regulatory framework and the Code of Conduct for computerised reservation systems;
1. Reiterates its support for ensuring the completion of the EU legislation on air passenger rights with the objective of raising standards of protection and of information for passengers, strengthening their rights and ensuring that air carriers operate under harmonised conditions in a liberalised market, thereby facilitating the travel experience;
2. Recalls that, in accordance with the CJEU ruling(4) in case C-487/12, hand baggage (i.e. luggage that is not checked in) must be considered as constituting a ‘necessary aspect’ of the carriage of passengers on condition that such baggage meets ‘reasonable requirements’ in terms of its weight and dimensions, and that its carriage cannot, therefore, be made subject to a price supplement; urges the Member States, therefore, to ensure that this ruling is respected, and, in the meantime, to strive for transparency with regard to the disclosure of any fees charged for carry-on luggage, whenever a flight’s price and schedule information is provided, in order to strengthen consumer protection;
3. Points out that airlines around the world have varying policies and restrictions regarding the size and weight of hand luggage that passengers can bring on board, which often leads to confusion, inconvenience, less comfortable travel experiences, delays and sometimes disputes between passengers and airline staff;
4. Acknowledges that the primary concerns for passengers are the inconsistent policies with respect to hand luggage allowances between different airlines, which might be considered an abusive or unfair practice and which is challenging for travellers who frequently fly with different airlines or take connecting flights with different carriers, as well as the fact that not all carriers comply with the CJEU’s ruling in case C-487/12;
5. Notes that differences in airline rules on the size of carry-on and checked-in luggage and the fees charged to passengers create hidden costs when a passenger uses the services of different airlines or needs to change airlines for unforeseen or practical reasons;
6. Recalls that the ‘pricing freedom’ of air carriers regarding airfares and air rates, recognised in Article 22 of Regulation (EC) No 1008/2008, does not include the pricing of hand luggage;
7. Considers that hidden and additional costs restrict the possibility of comparing the offers made by different airlines, which consequently limits the passenger’s ability to make an informed choice about the best offer;
8. Notes that the on-the-spot checks of the dimensions of the carry-on luggage carried out by airlines’ employees, who sometimes apply the rules in a discretional and arbitrary manner, show the redundancy of different size allowances;
9. Believes that EU-wide harmonisation of the requirements on the size, weight and type of carry-on and check-in luggage for all airlines operating in the European Union would enhance transparency and consumer protection for all air travellers;
10. Notes that also when travelling with small pets in the cabin as carry-on baggage, the permitted dimensions of travel bags or carriers also vary slightly between different airlines, which causes similar inconveniences;
11. Takes note of the process of reviewing Regulation (EC) No 1008/2008;
12. Encourages the Commission to present concrete policy measures to integrate the CJEU’s ruling in case C-487/12, whereby carry-on luggage must not be subject to a price supplement, and stresses the need to outline the scope and specific requirements of ‘reasonable’ carry-on baggage weight and dimensions, and to address the complexity of airlines’ standards for luggage in the context of the revision of Regulation (EC) No 1008/2008;
13. Calls on the Commission to include in its review of Regulation (EC) No 1008/2008 proposals to address issues that give rise to hidden costs, such as the allocation of seats or the complexity of airline offers in relation to their luggage policy, with the aim of regulating the composition of the final price;
14. Instructs its President to forward this resolution to the Commission, the Council and the governments and parliaments of the Member States.
Judgment of the Court (Fifth Chamber), 18 September 2014, Vueling Airlines SA v Instituto Galego de Consumo de la Xunta de Galicia, C-487/12, ECLI:EU:C:2014:2232.
Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents (OJ L 140, 30.5.2002, p. 2).
– having regard to the Treaty on European Union and the Treaty on the Functioning of the European Union, which establish the principles, objectives and competences of the EU, and which recognise the right of European states to apply for membership of the Union,
– having regard to the Agreement on the European Economic Area (EEA)(1), which recognises the right of any Member State of the European Union or member of the European Free Trade Association (EFTA) to apply for membership of the EEA,
– having regard to the Agreement between the European Economic Community and the Swiss Confederation(2), signed on 22 July 1972,
– having regard to the Agreement between the European Economic Community and the Swiss Confederation on direct insurance other than life assurance(3),
– having regard to the Agreement between the European Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods and on customs security measures(4),
– having regard to the negative outcome of the Swiss referendum rejecting membership of the EEA in 1992,
– having regard to the conclusion of several sectoral agreements between the EU and Switzerland, signed in 1999, known as ‘Bilaterals I’(5),
– having regard to nine additional sectoral agreements between the EU and Switzerland, signed in 2004, known as ‘Bilaterals II’,
– having regard to the Agreement between the European Community and the Swiss Confederation on mutual recognition in relation to conformity assessment(6),
– having regard to the Agreement between the European Community and the Swiss Confederation on trade in agricultural products(7),
– having regard to the Agreement between the European Community and the Swiss Confederation on certain aspects of government procurement(8),
– having regard to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons(9),
– having regard to the Agreement between the Swiss Confederation and the European Police Office, signed in 2004,
– having regard to the Agreement on the participation of Switzerland in the Schengen Area of 26 October 2004(10), which allows the free movement of persons between Switzerland and the EU Member States, and which facilitates cooperation on matters of security and the fight against cross-border crime,
– having regard to the Agreement between Eurojust and Switzerland, signed on 27 November 2008,
– having regard to the Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws(11) of 17 May 2013,
– having regard to the Cooperation Agreement between the European Union and its Member States, of the one part, and the Swiss Confederation, of the other, on the European Satellite Navigation Programmes(12),
– having regard to the Arrangement between the European Union and the Swiss Confederation on the modalities of its participation in the European Asylum Support Office(13) signed on 10 June 2014,
– having regard to the Agreement between the EU and Switzerland on the automatic exchange of financial account information, which entered into force on 1 January 2017,
– having regard to the regulatory package presented by the Commission on 14 July 2021, which aims to reduce the EU’s net greenhouse gas emissions by at least 55 % by 2030 (COM(2021)0550),
– having regard to the decisions of the Swiss Federal Council of 24 August 2022 and 21 December 2022 to adopt the EU’s gas and electricity saving targets, which is part of a wider regulatory alignment of Swiss energy policy and network regulation,
– having regard to the Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse gas emissions trading systems, signed on 23 November 2017(14),
– having regard to the Council conclusions of 19 February 2019 on EU relations with the Swiss Confederation,
– having regard to the decision by the Swiss Federal Council of 26 May 2021 to terminate the negotiations on an EU-Switzerland institutional framework,
– having regard to the adoption by the Swiss Federal Council of a set of guidelines for its negotiating package with the EU on 23 February 2022,
– having regard to the positive outcome of the Swiss referendum of 15 May 2022 to increase Switzerland’s financial contribution to the European Border and Coast Guard Agency (Frontex),
– having regard to the joint statement by the Chairs of the Swiss Federal Assembly Delegation for relations with the European Parliament and of the European Parliament Delegation for relations with Switzerland (DEEA Delegation), adopted at the 41st interparliamentary meeting between Switzerland and the EU on 7 October 2022 in Rapperswil-Jona, Switzerland,
– having regard to its recommendation of 26 March 2019 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning the Institutional Framework Agreement between the European Union and the Swiss Confederation(15),
– having regard to its recommendation of 18 June 2020 on the negotiations for a new partnership with the United Kingdom of Great Britain and Northern Ireland(16),
– having regard to Decision No 1313/2013/EU of the European Parliament and of the Council of 17 December 2013 on a Union Civil Protection Mechanism(17),
– having regard to Rule 54 of its Rules of Procedure,
– having regard to the opinions of the Committee on International Trade and the Committee on Culture and Education,
– having regard to the report of the Committee on Foreign Affairs (A9-0248/2023),
A. whereas the EU and Switzerland are politically and culturally close like-minded allies with shared values such as democracy, the rule of law, human rights, the protection of minorities, social equality and social and environmental sustainability; whereas the EU and Switzerland are key economic partners with an interest in common economic prosperity;
B. whereas the EU and Switzerland have a long-standing relationship founded on shared values and goals of peace, the commitment to upholding multilateralism and the rules-based international order, and actively leading global efforts to address challenges such as climate change, the environment, biodiversity loss, the depletion of resources, sustainable development, accelerating digitalisation, migration and international security, international criminal justice and international humanitarian law;
C. whereas Russia’s ongoing war of aggression against Ukraine has highlighted the necessity for the EU and Switzerland to deepen their cooperation in the areas of foreign policy, security and crisis response; whereas Switzerland cooperates on certain parts of the EU’s common foreign and security policy (CFSP) and has participated in common security and defence policy (CSDP) missions; whereas Switzerland has aligned with the EU on sanctions against Russia and voted in favour of all UN resolutions concerning Russia’s war of aggression against Ukraine;
D. whereas Switzerland seeks new forms of cooperation in areas such as security, research, innovation and health; whereas Switzerland is prepared to expand its cooperation on security, focusing on areas such as cybersecurity, hybrid threats, resilience and disinformation; whereas Switzerland aims to strengthen interoperability within the framework of the European Defence Agency; whereas the 2021 Swiss security policy report and its 2022 supplement set out options for Switzerland to increase its cooperation with the EU;
E. whereas Switzerland and the EU are key economic partners – the EU is Switzerland’s main trading partner and Switzerland is the EU’s fourth trading partner after China, the United States and the United Kingdom; whereas both the EU and Switzerland are among each other’s top destinations for foreign investment and are key partners in trade in services;
F. whereas the Swiss Federal Council approved the key parameters for a negotiation mandate with the EU on 21 June 2023;
G. whereas Switzerland’s economic and trade relations with the EU are mainly governed through a free trade agreement (FTA) and a series of bilateral agreements, including the agreement on the free movement of persons, according to which Switzerland has agreed to take over certain aspects of EU legislation in exchange for accessing part of the EU’s single market;
H. whereas Switzerland is deeply integrated into the EU single market; whereas to date, the EU and Switzerland have concluded numerous bilateral agreements; whereas many of them urgently need to be updated in order to maintain the functioning of the internal market, in this regard, between the EU and Switzerland and reflect evolving priorities;
I. whereas the Swiss Federal Council decided to terminate the negotiations on the EU-Swiss institutional framework agreement in May 2021; whereas a solution for a future EU-Switzerland relationship is needed in order to consolidate bilateral relations and develop the EU-Swiss partnership to its full potential on key issues of mutual interest; whereas a series of exploratory talks have recently been held between the Commission and the Swiss Federal Council;
J. whereas the visit of European Commission Vice-President Maroš Šefčovič to Switzerland in March 2023 generated a new impulse for discussions aimed at resolving institutional problems; whereas there is a demonstrated will on both sides to narrow the remaining gaps through the exploratory talks at both technical and political levels; whereas it is essential for both parties to maintain momentum, continue moving in the right direction and potentially accelerate their efforts to determine whether there is a solid foundation for full negotiations with the prospect of a swift, successful conclusion;
K. whereas the preservation of a level playing field in the single market is necessary to ensure fair competition in the single market; whereas a well-functioning and effective single market is based on a highly competitive social market economy;
L. whereas Swiss citizens have the same rights as EU citizens to move, enter and reside freely within the EU, in line with EU law; whereas in 2021, an average of around 351 000 cross-border commuters were working in Switzerland, while as of 31 December 2021, around 442 000 Swiss citizens were residing in the EU and around 1.4 million EU citizens were residing in Switzerland;
M. whereas Switzerland currently has the status of a non-associated third country under the EU framework programme for research and innovation ‘Horizon Europe’ and other related programmes and initiatives, including the EU’s Erasmus+ programme; whereas EU-Swiss cooperation on research and development would benefit both sides;
N. whereas the European Defence Agency-Switzerland Framework for Cooperation, signed on 16 March 2012, enables the exchange of information and provides for joint activities in research and technology and armament projects and programmes;
O. whereas Switzerland will hold general elections on 22 October 2023; whereas Parliament will hold elections in June 2024;
Foreign and security policy
1. Highlights the EU’s strong interest in cooperating with Switzerland as a like-minded partner on international peace, security, human rights and defence matters, in particular in response to Russia’s war of aggression against Ukraine; welcomes Switzerland’s alignment with EU sanctions adopted in this context and its adoption of all EU sanction packages to date; recognises Switzerland’s commitment to preserving the international rules-based order, including through common action with the EU in international organisations and multilateral forums;
2. Acknowledges Switzerland’s long-standing foreign policy of promoting peace, mediation and peaceful conflict resolution; welcomes Switzerland’s committed and strong role as a member of the Council of Europe, the Organization for Security and Co-operation in Europe, the UN and the Organisation for Economic Co-operation and Development in finding solutions to crises, including through the implementation of constitutional arrangements in high-tension environments, peacebuilding, dialogue-facilitation, the development of confidence-building measures and reconciliation;
3. Welcomes Switzerland’s 2023-2024 term as a non-permanent member of the UN Security Council as an opportunity to strengthen international cooperation and promote common priorities at the multilateral level;
4. Welcomes Switzerland’s close stance with the EU’s CFSP, including on humanitarian aid, civil protection, counter-terrorism and climate change issues, and its participation in several CSDP missions, notably in EULEX Kosovo, EUFOR Althea and EUCAP Sahel; notes that Switzerland has made the most frequent contributions to CSDP missions in absolute terms; calls for further engagement within the remits of the CFSP and the CSDP;
5. Welcomes, further, Switzerland’s announcement in November 2021 to participate in certain projects of the Permanent Structured Cooperation and that potential participation is currently being explored in two projects; notes that Switzerland has expressed interest in projects related to cyber defence and military mobility, and that this is a new approximation towards the EU in which Switzerland is considering defence cooperation with other countries for the first time in its history; welcomes Switzerland’s intent to participate in the European air defence sky shield initiative;
6. Encourages further collaboration between Switzerland and the EU on social and humanitarian issues, in line with the EU’s integrated approach, and on human rights and democracy, including through the EU Action Plan on Human Rights and Democracy and the global human rights sanctions regime; welcomes Switzerland’s membership of the European crisis management system;
7. Welcomes the intensified pace of consultations on foreign policy matters and the fact that Switzerland is seeking closer cooperation with the EU and NATO; welcomes, in this regard, Switzerland’s involvement in the Partnership for Peace programme; encourages Switzerland to deepen its cooperation with the EU on security and defence and to make full use of the administrative agreement with the European Defence Agency; underlines the importance of collaboration among the EU Member States and Switzerland concerning the country’s security owing to its geographical location;
8. Notes that Switzerland’s voluntary alignment with EU sanctions against Russia is on a case-by-case basis; encourages Switzerland to maintain its commitment to the international rules-based order and to closely and consistently apply and implement all adopted EU restrictive measures as it has already done so far and to prevent their circumvention, as foreseen by the Commission for the EU Member States; encourages Switzerland to amend its legislation to allow for the confiscation of Russian assets; calls on Switzerland to join the Russian Elites, Proxies and Oligarchs task force; further encourages Switzerland to cooperate with the EU’s ‘Freeze and Seize’ task force to coordinate and explore legal avenues to confiscate assets, including reserves of the Russian central bank being held in Switzerland, in line with international law, and to actively engage discussions in international forums about the use of frozen assets for the reconstruction of Ukraine;
9. Recognises that Switzerland has undertaken significant humanitarian efforts in Ukraine, offered protection status to Ukrainian refugees and provided significant financial support for the reconstruction of Ukraine, also through the 2022 Ukraine Recovery Conference in Lugano; encourages further cooperation between the EU and Switzerland in addressing the ongoing crisis;
10. Notes with regret that Switzerland is currently prohibiting the re-export of ammunition and war materials produced in Switzerland from EU Member States to Ukraine; welcomes the national-level motion and the launch of a political debate on this topic in the Council of States; calls on the Swiss Federal Council to approve the resupply of weapons to Ukraine;
11. Encourages Switzerland to undertake a revision of its practices in regard to sanctions, in order to align itself more systematically with sanctions taken by the EU, including when these are based on human rights violations under the EU global human rights sanctions regime;
Society and geopolitics
12. Welcomes, further, Switzerland’s participation in the summits of the European Political Community;
13. Recognises EU-Switzerland cooperation on international migration, including the management of flows and relocation of refugees; welcomes Switzerland’s participation in Frontex; invites Switzerland to strengthen its exchanges with the EU Agency for Asylum and Frontex, which are directly involved in the better management of international migration into and out of Switzerland; reiterates that participation in the Schengen/Dublin system is crucial;
14. Regrets that, to date, Switzerland does not qualify to participate in the EU Civil Protection Mechanism, as only EFTA countries, which are members of the EEA, and other European countries when agreements so provide, and EU acceding, candidate and potential candidate countries can join the mechanism; calls for a swift future partnership with Switzerland within this framework, through the opening of the EU Civil Protection Mechanism for EFTA member countries; urges the exploration of possibilities for Switzerland’s involvement in disaster prevention, preparedness and response initiatives in order to strengthen the overall resilience of both the EU and Switzerland;
Economy, labour market and access to the EU internal market
15. Recalls the long-standing relationship between the EU and Switzerland founded on shared values and goals of peace, social justice, eco-responsibility and economic prosperity, as well as on their economic and social interdependence; encourages the exploration of further possibilities to enable Switzerland to join the European Labour Authority and the Internal Market Information System; underlines the common commitment to further strengthen the fight against abusive working conditions and to ensure the effective enforcement of social rights across Europe;
16. Underlines that safeguarding, strengthening and deepening strong, stable and sustainable trade relations with Switzerland, the EU’s fourth largest trading partner, remains a high priority and is in the fundamental interest of both parties, particularly in the current turbulent international environment; considers that a modernised and mutually beneficial relationship, underpinned by an ambitious agreement, should not only reduce barriers to trade but should also create a level playing field for EU citizens and economic operators, generate trust, stability, jobs, growth and welfare, ensure the non-discriminatory protection of workers’ rights and guarantee the highest level of protection for consumers and the environment, fair competition, sustainable development and social security, progress and justice; stresses the importance of continuing joint efforts to reform the World Trade Organization (WTO), in particular its dispute settlement body, and to promote sustainable and green trade initiatives ahead of the 13th WTO Ministerial Conference;
17. Considers that Switzerland’s significant degree of integration with the EU single market is a key factor for sustainable economic growth; underlines that strong EU-Swiss relations go beyond economic integration and that the extension of the single market contributes to stability and prosperity to the benefit of all citizens and businesses, including small and medium-sized enterprises (SMEs); underlines the importance of ensuring the proper functioning of the single market in order to create a level playing field and generate quality jobs;
18. Regrets the fact that Switzerland remains the only EFTA member that has not joined the EEA; notes, however, that Swiss citizens have the same rights as EU citizens to move, enter and reside freely within the EU, in line with EU law; reiterates that 71 % of the Swiss population is in favour of joining the EEA, while the majority also wants full access to the EU single market and participation in EU cooperation; notes that Switzerland would always be welcome to join the EEA or the EU should it express such a wish in the future; notes that, in the case that such a wish would be expressed to the extent of EU membership, this would enable Switzerland to fully participate in EU decisions and rules;
19. Emphasises the strong economic, social and cultural links of the border regions between Austria, France, Germany, Italy, Liechtenstein and Switzerland, namely Auvergne-Rhȏne-Alpes, Baden-Württemberg, Bayern, Bourgogne-Franche-Comté, Bozen-Südtirol, Grand Est, Fürstentum Liechtenstein and Vorarlberg, which share a long history; underlines the importance of stable and strong relations and frameworks between the EU and Switzerland for future cross-border cooperation;
20. Is concerned about any lack of implementation of certain agreements with the Union by Switzerland and its subsequent adoption of legislative measures and practices that might be incompatible with those agreements, in particular measures affecting the free movement of persons; calls on Switzerland to strengthen the free movement of persons by introducing additional measures, in this regard, by aligning with Directive 2004/38/EC(18); stresses the need for Switzerland to dynamically adopt EU law on mutual cooperation issues;
21. Notes the large number of cross-border commuters between the EU and Switzerland and the large number of EU citizens and Swiss nationals living and working in Switzerland or the EU respectively; recalls that the free movement of persons is a fundamental principle of the EU single market; stresses that settlement in another EU country is not without limits; regrets the Swiss Federal Council’s decision to reintroduce restrictions on Swiss labour market access for Croatian workers in the form of quotas on permits, and calls on Switzerland to consider removing this safeguard clause;
22. Urges Switzerland to apply the relevant EU acquis and to comply with its obligations under the 1999 agreement on the free movement of persons, in particular on posted workers, and to adapt flanking measures that guarantee the protection of high social standards and the efficient and non-discriminatory protection of workers’ rights, ensuring equal pay for equal work in the same place for mobile, posted and local workers, and permit EU economic operators to provide services in its territory on a non-discriminatory basis; notes Switzerland’s concerns in this regard and points out that current EU Member States used to have similar concerns, which have not fully materialised; calls on Switzerland to ease bureaucratic hurdles in the area of the posting of workers; notes Switzerland’s continued improvement of the functioning of flanking measures and welcomes its active and regular dialogue with its neighbouring states and other EU Member States on concrete issues in the framework of the cross-border provision of services;
23. Encourages the EU and Switzerland to share best practices and strengthen labour rights protections, particularly on anti-union dismissals, associated minimum compensation and collective bargaining to ensure a fair and equitable market for all workers; takes note of the ongoing independent mediation process in Switzerland aimed at finding a compromise solution on the protection of trade unionists against unfair dismissal; considers that, in order to ensure the good protection of workers, the Commission and the Swiss Federal Council, in a standing exchange with the Swiss social partners, could consider applying temporary, limited or safeguard measures, based on EU law, for a well-defined period of time;
24. Notes that, as long as there is no agreement on a package deal, a large number of bilateral agreements between the EU and Switzerland are at risk of erosion and need to be revisited in order to ensure that they remain relevant and efficient, and provide legal certainty, consolidation and further development of the EU-Swiss relationship and a forward-looking perspective, in particular those on enhanced and reciprocal access to the Swiss market for EU economic operators; is concerned that basic bilateral agreements are slowly phasing out and no longer secure frictionless market access as a result of the non-incorporation of new developments in the EU acquis; notes that the model based on individual bilateral agreements instead of a package agreement is outdated; recalls that the adoption of a package agreement for existing and future agreements that enable Switzerland’s participation in the EU single market to ensure homogeneity and legal certainty remains a precondition for the further development of a sectoral approach; is concerned about the absence of a solution regarding the institutional issues, which will lead to the further erosion of the application of the mutual recognition agreement;
25. Notes that without any modernisation of the FTA, which was concluded 50 years ago and has not been adjusted to reflect developments in international trade rules since, and of the package of bilateral agreements (I and II), which was concluded almost 20 years ago, and without the proper transposition, implementation and enforcement of single market legislation, EU-Swiss relations will not bring full benefits to citizens and businesses and will inevitably erode over time; believes that the EU should strive for pragmatic solutions to resolve this issue between the EU and Switzerland; notes that outdated bilateral agreements need to be revisited in order to prevent their expiry and take into account developments in relevant EU legislation so as to preserve mutual market access, this being particularly true in the areas of reciprocal market access for industrial goods, customs facilitation, free movement of persons, technical barriers to trade and public procurement; calls on the Commission, therefore, to propose a mandate for modernising the FTA once negotiations have resumed;
26. Highlights that the 2002 mutual recognition agreement is becoming more and more outdated as it cannot be updated to take into account new EU legislation; notes that this has already created technical barriers and hampered trade in medical devices and will do so in the future for mechanical engineering, machinery, construction products and artificial intelligence in particular; believes that the EU should strive for pragmatic solutions to resolve this issue between EU and Switzerland;
27. Notes that investment protection is currently upheld through outdated bilateral agreements between Switzerland and only nine EU Member States; believes that a modern EU-Switzerland investment protection agreement would increase legal certainty for investors on both sides and would further strengthen bilateral trade relations; encourages the Commission, therefore, to propose a mandate for negotiating a modern EU-Switzerland investment protection agreement;
28. Notes that business and industry associations are currently only consulted through informal information channels; calls on the negotiators to agree to establish a bilateral ex ante and ex post consultation platform between the EU and Switzerland with a view to facilitating discussions and consultations in advance of any new measures or subsidies that could negatively affect trade or investment; takes the view that business and industry associations should be able to bring any new trade or investment irritants to the attention of the secretariat of this platform; believes that the platform should eventually be made an integral part of the governance framework for the modernised trade agreement and should entail setting up an SME helpdesk, which would help to reduce trade costs and administrative burdens while increasing SME participation in trade;
29. Underlines that negotiated deals should be designed with a structure that allows for horizontal consistency and transparency in order to facilitate the implementation of existing bilateral agreements, as well as new and updated ones, in an easily interpretable, practical manner that provides legal certainty and predictability, and guarantees that citizens, workers and businesses engaged in EU-Swiss trade can effectively exercise their rights;
30. Considers that the governance of a potential EU-Switzerland agreement, or of a modernised FTA, should involve a joint committee providing joint monitoring, structured dialogue and oversight by the European Parliament and the Swiss Parliament;
31. Calls for the EU and Switzerland to cooperate more closely in the fight against tax fraud, money laundering and tax evasion; stresses the importance of a level playing field on taxation, in particular on tax transparency and the automatic exchange of information;
32. Underlines that an effective dispute settlement mechanism, with a role for the Court of Justice of the EU, as the last instance on the interpretation of EU law, is fundamental, and that a solution for all institutional and structural matters is necessary, including a fair contribution to the EU’s economic and social cohesion, uniform interpretation and application of agreements, dynamic alignment with the EU acquis and a level playing field, notably in relation to State aid; recalls the compromises already made by the Commission as regards a dispute settlement mechanism; stresses that access to the EU’s internal market needs to be based on a fair balance of rights and obligations and that a common rulebook between the EU and Switzerland, in this context, is a prerequisite for a common market and Switzerland’s participation in the internal market;
33. Welcomes the release of a second Swiss contribution to EU cohesion policy and stresses that future Swiss contributions to EU cohesion policy are essential and should become more regular and increased, following the example of other countries, such as Norway, Iceland and Liechtenstein;
34. Notes the importance of a common framework for State aid; calls on the Commission and the Swiss Federal Council to find a solution in this regard;
Energy, climate and the environment
35. Welcomes the high degree of political alignment between Switzerland and the EU in the area of energy and climate policies; emphasises that the EU and Switzerland are striving for an environmentally friendly, competitive and secure energy supply and climate neutrality by 2050 and underlines the potential for a better alignment of legislation between the EU and Switzerland; calls on the Commission and the Swiss Federal Council to find avenues of cooperation on the EU’s Fit for 55 package, and Swiss participation in various aspects of the European Green Deal, notably the REPowerEU plan, and also industrial alliances, including the European Solar Photovoltaic Industry Alliance, the European Clean Hydrogen Alliance and the European Battery Alliance; invites Switzerland to apply legislation on environmental protection under a future cooperation agreement, in particular the Carbon Border Adjustment Mechanism and the overhaul of the Emissions Trading System;
36. Notes that the strategic autonomy sought by the EU on industrial products and critical raw materials also serves Switzerland’s interests due to the intensity of mutual economic exchanges; is of the opinion that Switzerland and the EU could have a common interest in improved coordination of their industrial policies for better complementarity in strategic industrial areas;
37. Further welcomes Switzerland’s engagement in promoting hydrogen with a particular focus on renewable hydrogen and stresses the enabling role that transit through Switzerland could play for a European market for hydrogen and renewable and decarbonised gases;
38. Notes with concern that Switzerland did not sufficiently support the EU’s push to remove fossil fuel protections from the Energy Charter Treaty; invites Switzerland to consider withdrawing from this Treaty, following the example of several EU Member States;
39. Stresses that in the electricity sector, grid stability and the security of supply and transit depend on close cooperation between the EU and Switzerland; notes the interconnection of Swiss, German, Italian, Austrian and French power grids; remains concerned that excluding Switzerland’s energy industry poses systemic risks for the synchronous grid of continental Europe; emphasises the importance of pursuing a sustainable and resilient energy transition and calls on Switzerland to actively participate in EU initiatives on renewable energy and grid integration, such as the clean energy package and the ‘Fit for 55’ package, with an effective dynamic alignment with EU law in the electricity sector;
40. Stresses that an electricity market agreement would create a conducive basis for continued and close cooperation between the EU and Switzerland, in particular on fossil-free electricity and clean gases, including through innovative solutions for cross-border electricity trade, such as a joint electricity market; stresses that any new agreement should include the relevant EU acquis in relation to the Green Deal and provisions for cooperation between EU and Swiss energy regulators; regrets the fact that, due to the termination of negotiations between the EU and Switzerland on an institutional framework agreement, the planned electricity agreement cannot be concluded in the short to medium term and emphasises the importance of starting negotiations on it as soon as possible; underlines that, until its conclusion, technical solutions at the level of transmission system operators and the inclusion of Switzerland in EU capacity calculations are necessary in order to reduce the greatest risks to regional grid stability and security of supply;
Research and innovation, development, education and culture
41. Underlines the importance of EU-Switzerland cooperation in research, innovation and development, fostering Europe’s role as a strong player in this field of research and innovation, and strengthening the European education system; recalls that Switzerland spends almost CHF 23 billion a year on research and development; notes the importance of research and innovation in the energy sector and Switzerland’s participation in EU research and innovation programmes to promote the development of clean and sustainable energy technologies; believes that the Erasmus+ programme contributes to bringing societies closer together;
42. Highlights the significance of joint EU-Swiss efforts in addressing global challenges, such as climate change, health and energy security, through research and development; encourages both parties to prioritise collaborative projects that contribute to achieving the UN Sustainable Development Goals and the objectives of the European Green Deal;
43. Notes Switzerland’s relegation to the status of non-associated third country in Erasmus+ and Horizon Europe;
44. Reiterates the importance of EU-Switzerland cooperation in EU programmes, such as Horizon Europe, Digital Europe, Euratom, ITER and Erasmus+, and praises the excellent record of cooperation to date; calls for the EU and Switzerland to find a common approach to the benefit of citizens in order to achieve mutually beneficial cooperation, especially as regards Switzerland’s participation in all EU programmes in the 2021-2027 period; invites both parties to conduct discussions on Switzerland’s participation in EU programmes, namely Horizon Europe, Digital Europe, Euratom, ITER and Erasmus+, as part of the negotiations on a broad package, so that Switzerland could quickly re-join upon the completion of the negotiations;
45. Remains convinced that a more stable, future-oriented partnership will benefit both sides and help Switzerland’s association to Erasmus+ and other European programmes;
46. Calls on the Commission and the Swiss Federal Council to do their utmost to ensure Switzerland’s transitional arrangements for Horizon Europe, as soon as a negotiation mandate is adopted, coupled with a Swiss commitment to regular and appropriate contributions to EU cohesion policy; regrets the fact that, due to Switzerland’s non-association to Horizon Europe, it has recently been excluded from the European Strategy Forum on Research Infrastructures; notes that under Horizon 2020, Switzerland received CHF 2,7 billion in funding and was thus in first place among associated countries;
47. Underlines the good cooperation between the EU and Switzerland in the space field, in particular with Switzerland’s participation in European satellite navigation programmes, Galileo and EGNOS; calls for this cooperation to be deepened by including Switzerland in the Earth observation programme, Copernicus, and in the satellite telecommunications programme, IRIS; recalls that Switzerland already benefits from the open access data of Copernicus and that it could benefit further from access to the data and services of these programmes;
48. Recognises the importance of preserving and promoting cultural diversity, and calls for Switzerland and the EU to strengthen their cooperation in the areas of cultural exchange, education and sport, including the European Capitals of Culture initiative;
49. Stresses the importance of mutual understanding on both sides of the borders between the EU and Switzerland; regrets the roadblocks impinging transnational access to news and current affairs media between the EU and Switzerland, in particular for cross-border residents; encourages the EU and Switzerland to therefore support cross-border access to their news and current affairs media in order to promote a common culture;
50. Observes Switzerland’s disassociation from the Erasmus+ programme since 2014, following its referendum on immigration; takes note of its unrestricted application of the 1999 agreement on the free movement of persons and the rejection of the result of the 2014 referendum in a new referendum on immigration in 2020; highlights that the free movement of persons is a precondition for participation in Erasmus+;
51. Welcomes the fact that the 2022 Erasmus+ call for proposals allowed associated partners from the European Higher Education Area to be involved in forming European Universities alliances, leading to Switzerland’s participation;
52. Stresses the tie between Switzerland’s participation in Erasmus+ and its full acceptance of the fundamental freedoms established by the EU Treaties and the EU Charter of Fundamental Rights, as Erasmus+ exchanges depend on the free movement of persons;
53. Acknowledges the fact that numerous education stakeholders in Europe are calling for Switzerland to be associated to Erasmus+ and that Swiss student and youth organisations are urging the Swiss Government to engage in constructive negotiations with the EU; underlines the educational and other benefits of such an association for Switzerland and the EU;
54. Underlines that all interested neighbouring and like-minded countries, including Switzerland, are welcome to be associated to the Erasmus+ programme, thus contributing to European education systems and to the strengthening of the European Education Area as a whole;
55. Stresses that learner mobility between the EU and Switzerland should eventually be inclusive and involve participants from all EU Member States, regions and social backgrounds, and that this could be achieved by extending the additional support that is offered to those facing social challenges, thus reinforcing the status of Erasmus+ as a truly inclusive European programme;
Institutional framework and cooperation
56. Regrets the Swiss Federal Council’s decision to terminate the negotiations on the EU-Swiss institutional framework agreement in May 2021 after seven years of negotiations; notes that this agreement was essential for the conclusion of possible future agreements regarding Switzerland’s further participation in the single market and the continuation of frictionless trade in several industry sectors and that the termination of negotiations affected Switzerland’s participation in the Erasmus+ programme; regrets any narratives in the Swiss public and political spheres that the EU would work against Swiss interests; stresses that a second failure in negotiating an agreement on EU-Swiss relations would be damaging for both the EU and Switzerland and risks weakening their political role; notes that the relationship between the EU and Switzerland is unbalanced and that citizens and businesses are being affected by the absence of a structural relationship; welcomes the Swiss Federal Council’s approach of February 2022 for a broad negotiation package and calls on it to adopt a negotiating mandate on key structural issues as a political signal to the EU;
57. Stresses that it is in the fundamental interest of both sides to maintain and strengthen good, stable and mutually beneficial relations within the framework of a modernised relationship based on a package agreement that creates stability, trust, welfare, a level playing field, jobs, growth and a commitment to social security and justice;
58. Notes the Swiss Federal Council’s decision to finalise exploratory talks with the EU in view of future negotiations and that it has approved key parameters for a negotiation mandate; notes with regret that the Swiss Federal Council will only decide whether to prepare for the adoption of a negotiating mandate by the end of 2023; recalls that there is a short window of opportunity given the Swiss federal elections in October 2023 and the EU elections in June 2024;
59. Welcomes the political statement following the conference of cantons of 24 March 2023 advocating Treaty-based relations with the EU based on shared values, reaffirming their position to continue and deepen the bilateral agreements, and their willingness to support the Federal Council in negotiations; welcomes the fact that the cantons have noted that, in the absence of an acceptable alternative from the EU’s point of view, there is no way around a dynamic adoption of EU law;
60. Expects the progress in exploratory talks between the Commission and the Swiss Federal Council to be stepped up with a view to obtaining the required clarifications and assurances to adopt a mandate for negotiations; calls on both sides to use this window of opportunity for talks on a possible new negotiation package and a cooperation agreement between the EU and Switzerland, and to reach an agreement before the end of the term of the current Commission and Parliament; calls on the Commission and the Swiss Federal Council to promptly finalise exploratory talks;
o o o
61. Instructs its President to forward this resolution to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, and to the President, Government and Parliament of the Swiss Confederation.
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (OJ L 158, 30.4.2004, p. 77).
Uzbekistan
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European Parliament resolution of 4 October 2023 on Uzbekistan (2022/2195(INI))
– having regard to the joint communication by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 15 May 2019 entitled ‘The EU and Central Asia: New opportunities for a stronger partnership’ (JOIN(2019)0009),
– having regard to the Council conclusions of 17 June 2019 on the New Strategy on Central Asia,
– having regard to the joint communication by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 19 September 2018 entitled ‘Connecting Europe and Asia – Building blocks for an EU Strategy’ (JOIN(2018)0031),
– having regard to the Memorandum of Understanding on Cooperation in the field of Energy between the European Union and the Republic of Uzbekistan of 24 January 2011 and renewed in February 2017,
– having regard to the European Union/Council of Europe joint programme entitled ‘Central Asia Rule of Law Programme’ (2020-2023) signed on 28 November 2019,
– having regard to the Joint Communication by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 1 December 2021 entitled ‘The Global Gateway’ (JOIN(2021)0030),
– having regard to the outcomes of the 18th EU-Central Asia Foreign Ministers’ meeting held on 17 November 2022 in Samarkand, which focused on finding solutions to common challenges,
– having regard to the joint press communiqué by Heads of State of Central Asia and the President of the European Council, issued following the first regional high-level meeting held in Astana on 27 October 2022,
– having regard to the statement by the Spokesperson of the European External Action Service (EEAS) of 4 July 2022 on the latest developments in Uzbekistan,
– having regard to the joint press statement on 28 October 2022 by Shavkat Mirziyoyev, President of the Republic of Uzbekistan and Charles Michel, President of the European Council,
– having regard to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part(1),
– having regard to the 18th meeting of the EU-Uzbekistan Partnership and Cooperation Agreement Sub-Committee on Justice and Home Affairs, Human Rights and related issues on 29 March 2022,
– having regard to the statement by the UN High Commissioner for Human Rights in Tashkent on 15 March 2023,
– having regard to the concluding observations on the sixth periodic report of Uzbekistan of the UN Committee on the Elimination of Discrimination Against Women of 1 March 2022, the third periodic report of Uzbekistan of the UN Committee on Economic, Social and Cultural Rights of February 2022 and the fifth periodic report of Uzbekistan of the UN Committee on the Rights of the Child of September 2022,
– having regard to the UN Convention on the Rights of the Child of 1989,
– having regard to the concluding observations of the UN Human Rights Committee on the fifth periodic report of 1 May 2020 of Uzbekistan regarding International Covenant on Civil and Political Rights (ICCPR),
– having regard to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984,
– having regard to the Report of the UN Special Rapporteur on the promotion and protection of human rights while countering terrorism following an official visit to Uzbekistan from 29 November to 7 December 2021, published on 25 February 2022,
– having regard to Uzbekistan’s 2021-2026 national strategy on countering extremism and terrorism,
– having regard to the Final Report of the Organization for Security and Co-operation in Europe Office for Democratic Institutions and Human Rights (OSCE ODIHR) Election Observation Mission on the 24 October 2021 presidential election published on 22 April 2022,
– having regard to the statement of preliminary findings and conclusions of the OSCE ODIHR Limited Referendum Observation Mission to the Republic of Uzbekistan published on 1 May 2023,
– having regard to its recommendation of 26 March 2019 to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the new comprehensive agreement between the EU and Uzbekistan(2),
– having regard to its previous resolutions on Uzbekistan,
– having regard to Rule 54 of its Rules of Procedure,
– having regard to the opinion of the Committee on International Trade,
– having regard to the report of the Committee on Foreign Affairs (A9-0227/2023),
A. whereas Uzbekistan plays a key role in Central Asia, which is a region of strategic interest to the EU in terms of security, connectivity, energy diversification, conflict resolution and the defence of the multilateral rules-based international order;
B. whereas negotiations on the European Union‑Uzbekistan Enhanced Partnership and Cooperation Agreement (EPCA), which modernises the existing Partnership and Cooperation Agreement signed in 1999, were formally launched on 23 November 2018 and were successfully concluded on 6 July 2022; whereas the EPCA will require Parliament’s consent for it to enter into force;
C. whereas the Government of Uzbekistan has been making efforts to balance economic growth with environmental protection; whereas reported environmental concerns include land degradation, soil salinisation, reduced water quality and water erosion;
D. whereas the EU has allocated EUR 76 million for the first four years (2021-2024) of its seven-year Multi-Annual Indicative Programme 2021-2027 for Uzbekistan, with an additional EUR 7 million earmarked for supporting human rights and civil society organisations;
E. whereas Central Asia is facing one of the most severe water crises on earth, which has seriously limited the achievement of the sustainable development goals (SDGs) in the region; whereas only more than half of the population in Uzbekistan has access to safe drinking water, with rural areas having significantly lower water security than urban areas; whereas agriculture, in particular the intensive cotton industry, consumes more than 90 % of Uzbekistan’s water; whereas the water flowing through the Syr Darya and Amu Darya rivers, which provide much of Uzbekistan’s water supply, is expected to decrease by up to 15 % by 2050;
F. whereas, since the collapse of the Soviet Union and its disastrous agricultural policy and unitary water management system, the security and stability of the Central Asia region have been greatly affected by water disputes; notes that climate change in Central Asia has affected water resources and intense human activities have led to water overexploitation; whereas reckless water mismanagement and pollution of the main rivers to irrigate cotton fields, started by the Soviet regime and largely continued in modern times, encompassing the six countries of the region, has resulted in the almost complete disappearance of the Aral Sea and many of its sub-lakes and exposed the area’s vulnerable population to disastrous health, ecological and social problems; whereas frequent water conflicts and political instability have limited unified planning and efficient allocation of transboundary rivers, leading to the ineffective exploitation and utilisation of water resources in the region;
G. whereas the EU has contributed over EUR 5,2 million to the UN Multi-Partner Human Security Trust Fund for the Aral Sea region under the European Green Deal; whereas the EU committed to planting over 27 000 trees in 2022, in cooperation with the Uzbek Government’s attempts to reclaim land from the Aralkum Desert;
H. whereas protests erupted in the Republic of Karakalpakstan on 1 July 2022 following the publication of proposed amendments to Uzbekistan’s constitution, which would have abolished its status as a sovereign republic within Uzbekistan and its right to secede; whereas at least 21 people were killed and over 270 were injured, with some detainees reporting torture and ill-treatment in the ensuing crackdown by the authorities; whereas human rights groups and activists reported that security forces used unjustifiable lethal force and other excessive responses to disperse mainly peaceful protesters; whereas 516 people were detained, including journalists, and some were held incommunicado for weeks following the protests; whereas 22 people were sentenced on 13 January 2023 for their participation in the unrest and Dauletmurat Tajimuratov, a lawyer accused of leading the unrest, was sentenced to 16 years in prison; whereas on 17 March 2023, the second trial against another 39 people charged with participating in the protests ended with lengthy prison sentences of up to 11 years being handed down;
I. whereas the Uzbek Government publicly claims that there are over 10 000 civil society organisations (CSOs) currently operating in Uzbekistan, while civil rights groups indicate that the majority of these organisations are in fact government-organised non-governmental organisations;
J. whereas economic and political reforms undertaken under President Shavkat Mirziyoyev have led the country to a gradual improvement, but further efforts still need to be made, in particular the promised revision of the Criminal Code and a new non-governmental organisation (NGO) code; whereas Uzbekistan is ranked as ‘not free’ in Freedom House’s 2023 Freedom in the World and 2022 Freedom on the Net rankings and is ranked 137th out of 180 countries in Reporters Without Borders’ 2023 World Press Freedom Index, compared to being in 133rd position in 2022; whereas Uzbekistan is ranked 126th out of 180 countries in Transparency International’s 2022 Corruption Perception Index;
K. whereas the OSCE stated that the 2021 presidential election lacked genuine competition and meaningful engagement between candidates and with citizens and noted significant procedural irregularities;
L. whereas the Senate of the Oliy Majlis set 30 April 2023 as the date for a referendum on constitutional reforms after postponing it due to the 2022 crisis in Karakalpakstan; whereas the amendments presented in the referendum affect about two thirds of the constitution; whereas the amendments include a provision that would enable the president to remain in office for another two seven-year terms; whereas according to the Central Election Commission, the turnout for the referendum was 84,5 % and 90,2 % of the votes were in favour of the new constitution;
M. whereas the OSCE ODIHR Limited Referendum Observation Mission concluded in its preliminary findings and conclusions that ‘the referendum was introduced as a continuation of broader reforms implemented over the last years but took place in an environment short of genuine political pluralism and competition’ and that there was ‘the need to further encourage alternative views, provide opportunities for independent civil society and respect for fundamental freedoms, which continue to be restricted’; whereas according to the OSCE ODIHR Statement of Preliminary Findings and Conclusions, ‘observers noted widespread misuse of administrative resources’;
N. whereas in the light of growing Chinese influence in the region, Uzbekistan and China have been expanding their economic cooperation in recent years; whereas the China-Kyrgyzstan-Uzbekistan railway project would make Uzbekistan a gateway to South Asia and connect the two regions while avoiding Taliban-controlled Afghanistan, but would also be a core part of the Belt and Road Initiative;
O. whereas significant human rights issues continue to be reported in Uzbekistan, including cases of torture or cruel, inhuman or degrading punishment, despite the practice being prohibited by law; whereas other reported human rights concerns include the arbitrary arrests or detention, arrests and imprisonment of political prisoners, problems with the independence of the judiciary, corruption and restrictions on the freedoms of assembly, media and speech, including on the internet; whereas defamation and insult, including insulting the president, remain criminal offences, despite President Mirziyoyev’s pledge in 2020 to decriminalise both offences; whereas blogger Sobirjon Babaniyazov was sentenced to three years in prison for insulting the president online;
P. whereas Uzbekistan has increased its imprisonment of journalists and bloggers in recent years, including of Otabek Sattoriy, an independent blogger, investigative journalist and activist serving a six year and six-month prison sentence for his reporting on corruption; whereas a November 2022 decision by the UN Working Group on Arbitrary Detention found Sattoriy’s detention to be in violation of international law; whereas other journalists and bloggers sentenced for their reporting or expression include Miraziz Bazarov, a blogger put under house arrest in April 2021 and sentenced to three years of restricted freedom on charges of slander for exercising his right to freedom of expression, Fazilkhoja Arifkhojayev, a blogger arrested in June 2021 and sentenced to seven years and six months for reposting and commenting on religious matters on social media, and Lolagul Kallykhanova, the founder of Makan.uz, arrested in July 2022 and sentenced to eight years of restricted liberty for her alleged participation in the Karakalpakstan protests; whereas Valijon Kalonov, a government critic who called for a boycott of the 2021 presidential elections, is being held in a psychiatric hospital in the Samarkand region after a court ruled that he should undergo compulsory psychiatric treatment;
Q. whereas in March 2020, the United Nations Human Rights Committee, which monitors compliance with the International Covenant on Civil and Political Rights, expressed concern about ‘continued reports of torture and ill-treatment, including sexual violence and rape, by prison officials and law enforcement personnel against persons deprived of liberty, including individuals detained on what appear to be politically motivated charges’;
R. whereas in January 2020, the UN Committee against Torture reported that ‘torture and ill-treatment continue to be routinely committed by, at the instigation of and with the consent of the State party’s law enforcement, investigative and prison officials, principally for the purpose of extracting confessions or information to be used in criminal proceedings’; whereas President Mirziyoyev’s promises to address the root causes of torture in state custody have led to the adoption of some positive measures such as legislation stipulating that evidence obtained under torture is not admissible in court; whereas these legal safeguards are not implemented consistently and cases of torture are typically not properly investigated by the authorities; whereas detainees often refrain from lodging complaints for fear of reprisals;
S. whereas Muslims who practice their faith outside state control continue to be targeted by the authorities with spurious criminal charges related to religious extremism; notes, for example, that Bobirjon Tukhtamurodov was sentenced to over five years in prison for participating in a banned religious organisation and other Muslims, including Oybek Khamidov, Khasan Abdirakhimov and Alimardon Sultonov, were imprisoned on extremism-related criminal charges;
T. whereas the righting of past wrongs against individuals in Uzbekistan who were imprisoned illegally and in violation of their rights is unfinished; whereas while Uzbekistan has released dozens of former prisoners of conscience in recent years, the authorities have not taken steps to rehabilitate these individuals, who remain convicted of crimes under the law, or to repair the harm caused to them by their lengthy detentions and torture and the abuse that many endured, isolation from their family and friends and loss of work, among other impacts;
U. whereas Uzbekistan adopted a national strategy in July 2021 to counter extremism and terrorism for the period 2021-2026; whereas the stated aim of the strategy is to pursue an effective and coordinated state policy to counter extremism and terrorism and to ensure national security and the rights and freedoms of citizens; whereas the Taliban takeover of Afghanistan heightened Uzbekistan’s concerns about the potential spillover of terrorism from Afghanistan to its Central Asian neighbours, particularly by the Islamic State – Khorasan Province, as well as the Islamic Jihad Union, Islamic Movement of Uzbekistan, Katibat al-Imam al-Bukhari and Jamaat Ansarullah; whereas Uzbekistan continues to remain an active participant in the C5+1 diplomatic platform and related counter-terrorism/countering violent extremism (CT/CVE) cooperation;
V. whereas a recent survey conducted by the Uzbek Family and Women research institute found that one in three women experienced abuse from their husbands and one in four from their mother-in-law; whereas only 7 % of domestic violence cases reach courts; whereas most victims of domestic violence are unable to access legal support as they are financially dependent on their spouses; whereas victims of domestic violence also suffer from inadequate emergency assistance, insufficient numbers of shelters and funding for hotlines, as well as a lack of trained social workers and psychologists; whereas femicide by husbands or other relatives is a common result of the impunity for domestic violence, although no official statistics are available; whereas child marriages are still prevalent in some rural areas of Uzbekistan and hinder women’s rights in the country by limiting their educational and job opportunities;
W. whereas under Article 120 of the Criminal Code of Uzbekistan, consensual same-sex conduct between men is a criminal offence punishable by up to three years in prison; whereas this law not only violates the human rights of gay and bisexual men, but also further marginalises the broader LGBTIQ community, creating a hostile and discriminatory environment, hindering their ability to access basic rights and services and making it challenging for them to live their lives freely and openly;
X. whereas Uzbekistan suffered serious and unprecedented energy shortages during the winter of 2022-2023, which left large parts of the country without heating and electricity and contributed to the decreasing public confidence in the state’s administration;
Y. whereas Parliament’s Committee on Foreign Affairs visited Uzbekistan on 23 and 24 February 2022; whereas its Delegation to the EU-Kazakhstan, EU-Kyrgyzstan, EU-Uzbekistan and EU-Tajikistan Parliamentary Cooperation Committees and for relations with Turkmenistan and Mongolia has regularly visited Uzbekistan;
Z. whereas Uzbekistan withdrew from the Russia-led Collective Security Treaty Organization in 2018; whereas since Russia launched its unprovoked, unjustified and illegal war of aggression on Ukraine, Uzbekistan has taken a neutral stance and called for a peaceful resolution of the conflict; whereas on 17 March 2022, former Uzbek Foreign Minister Abdulaziz Kamilov stated that Uzbekistan would not recognise the separatists states of Donetsk and Luhansk in Ukraine;
EU-Uzbekistan relations
1. Welcomes the completion of negotiations on the EU-Uzbekistan EPCA, which creates a new, modern and ambitious framework for deepening bilateral relations; reiterates that the agreement puts a strong emphasis on shared values, democracy and the rule of law, human rights and fundamental freedoms, and sustainable development; notes that it also lays the groundwork for enhanced cooperation in foreign and security policy, including on issues such as regional stability, digital connectivity, international cooperation and conflict prevention; underlines the importance of increased EU-Uzbekistan cooperation, in particular in the light of recent geopolitical events, such as Russia’s illegal war of aggression against Ukraine;
2. Calls for a swift completion of the necessary legal and technical procedures and for the signing of the EPCA, which would open the way for Parliament to exercise its prerogative regarding the ratification of the agreement; underlines the importance of Parliament’s close involvement in monitoring the implementation of all parts of the EPCA once it enters into force;
3. Notes the ambitious reforms planned under the Development Strategy of New Uzbekistan for 2022-2026, which is aimed at achieving genuine change in the country in terms of socioeconomic development, efficient administration, a more independent judicial system and respect for human rights and fundamental freedoms; welcomes measures to improve the anti-corruption system and calls on the authorities to continue and reinforce their efforts in this regard, taking into account the conclusions of the Second International Tashkent Anti-Corruption Forum; calls for the inclusion in the reforms agenda of guarantees for religious and press freedoms, including access to free and open internet and media; stresses that the constitutional reform is an opportunity to strengthen the rule of law and to give the reforms a solid legal foundation; calls on the authorities of Uzbekistan to continue this process in consultation with citizens, civil society and stakeholders, including the Venice Commission of the Council of Europe, based on international norms and best practices;
4. Takes note of the results of the constitutional referendum in Uzbekistan held on 30 April 2023, which approved the new constitution that aims to bring significant changes to the country’s legal framework; is, however, concerned about the provisions that allow the President to extend his time in office; regrets that the government changed the limits of the term in an non-transparent and non-democratic manner and urges the government to follow the principles of democracy and the rule of law; underlines that the process of Uzbekistan’s democratisation should be accelerated;
5. Welcomes the fact that the OSCE ODIHR deployed a limited referendum observation mission on 28 March 2023 in order to assess the way in which the referendum was conducted; calls on the Uzbek authorities to take careful note of the findings and conclusions of the Limited Referendum Observation Mission and to implement the recommendations from the ODIHR 2021 Election Observation Mission Final Report, including to revise legislative and administrative requirements for the registration of political parties and to establish a clear separation between state and party, along with effective sanctions against the misuse of administrative resources; calls on the authorities to further reform the electoral legal framework in order to allow the participation of all democratic candidates in future elections and to create a genuinely pluralistic political environment;
Regional cooperation, international relations and global challenges
6. Considers Central Asia to be a region of strategic interest for the EU in terms of security, connectivity, energy diversification, conflict resolution and the defence of the multilateral rules-based international order; notes that Uzbekistan is uniquely positioned to be the driving force for regional cooperation that would help Central Asia become a more resilient, prosperous and more closely interconnected economic and political space; welcomes Uzbekistan’s engagement on the C5+1 platform; encourages the EU to intensify its political, economic and security engagements with Central Asia in line with its geostrategic importance and in keeping with the values of democracy, human rights and rule of law that underpin EU external action;
7. Underlines the great potential of mutually beneficial cooperation on sustainable and digital connectivity, in particular through its Global Gateway initiative on energy, water and security, but also through a multi-faceted approach to diversify trade routes, foster greater private investment, enhance cooperation in science and technology, health care, industrial production and capacity building, provide job training and education, and foster people-to-people contacts; underlines, in this respect, the importance of the EU’s cooperation and dialogue programmes such as Border Management in Central Asia, Central Asia Drug Action Programme and Law Enforcement in Central Asia, which are instrumental to cooperation in these policy areas;
8. Considers that the EU’s 2019 Strategy on Central Asia needs to be updated further in order to reflect the consequences of multiple recent geopolitical crises, including Russia’s illegal war of aggression against Ukraine, the Taliban takeover of Afghanistan, the global ambitions of China and political changes in neighbouring countries;
9. Recognises that Russia’s war of aggression against Ukraine and its implications present both challenges and opportunities for Uzbekistan and other Central Asian states, which have traditionally maintained close relations with Russia; regrets that Uzbekistan has not condemned Russia’s military invasion of Ukraine and encourages the authorities to clearly do so in line with the international community; welcomes former Foreign Minister Kamilov’s statement of 17 March 2022 in which he asks for an immediate stop to hostilities in Ukraine while acknowledging Ukraine’s independence, sovereignty and territorial integrity; notes at the same time that the Uzbek authorities have not recognised the independence of the so-called Donetsk and Luhansk republics; deplores the fact that Uzbekistan abstained in the votes on the UN General Assembly resolutions on Ukraine, in particular those of 2 March 2022, 24 March 2022 and 23 February 2023 demanding an end to the Russian offensive and immediate withdrawal from Ukraine; regrets that Uzbekistan opposed the expulsion of Russia from the UN Human Rights Council on 7 April 2022; regrets the appearance of the President of Uzbekistan at the 9 May 2023 Victory Parade in Moscow;
10. Notes the commitment of the political leadership of Uzbekistan not to allow the circumvention of sanctions imposed on Russia and Belarus and expresses hope that they will stick to this commitment; calls on the Commission to ensure that the 11th package of sanctions against Russia addresses sanction circumvention via Central Asia, as the sharp rise in trade between the countries in this region and the Russian Federation since last year indicates that it could be a transshipment point to Russia and Belarus of goods and technologies under sanction; calls for the EU to closely engage with the authorities on this matter;
11. Welcomes the fact that the Government and the people of Uzbekistan have stepped up to provide food and medical assistance to Ukraine and invites them to continue providing assistance to Ukraine in the face of Russia’s war of aggression; welcomes, in the light of Russia’s conscription and crackdown on fundamental freedoms, Uzbekistan’s positive role in welcoming a great number of Russian citizens fleeing Russia for various political reasons; welcomes the statement of Uzbekistan’s Embassy in Moscow that any form of participation in military activities on the territory of foreign countries is considered to be a mercenary activity, made in response to calls for some Uzbek citizens residing in Russia to join Russia’s ongoing, unprovoked invasion of Ukraine;
12. Recognises Uzbek foreign policy principles of abstention from military alliances, refusal to deploy troops beyond its national territories or to host foreign military bases, and non-intervention in the internal affairs of foreign countries; commends Uzbekistan’s role on multilateral platforms, including its important initiatives in the framework of the UN and other international organisations for addressing contemporary regional and global issues;
13. Welcomes Uzbekistan’s 2021-2026 national strategy to counter extremism and terrorism and calls for the EU and the Member States to explore closer counter-terrorism cooperation, especially in ensuring that there is no spillover of terrorism from Afghanistan to the wider region;
14. Acknowledges that there are serious challenges to regional engagement in the current geopolitical and security climate, particularly with the global non-recognition of the Taliban government in Afghanistan and the impact of international sanctions on economic plans and connectivity initiatives;
15. Notes Uzbekistan’s long-standing and close relations with Afghanistan, which have continued since the takeover by the Taliban; commends its efforts to mitigate the severe humanitarian crisis in the country through the provision of electricity and humanitarian aid, in particular to Afghan women and girls, and through the establishment in October 2021 of the UN High Commissioner for Refugees Regional Humanitarian Logistics Hub in Termez near the Uzbek-Afghan border;
16. Invites Uzbekistan to use its contacts with the Taliban in a constructive manner to insist on the rights and humanity of women and girls to be respected and more generally to call for respect for the human rights and fundamental freedoms of all Afghans, including minorities and persons with disabilities, which are essential conditions for greater international engagement with Afghanistan, including through connectivity to support human rights and preventing the effects of regional radicalisation and conflict-induced migration; reiterates its strong condemnation of the Taliban’s decisions to ban women and girls from attending secondary and university education and to prohibit the employment of women by NGOs and the United Nations; deplores the fact that persons with disabilities continue to face discrimination, limited services and a lack of a legislative or institutional framework to ensure that their fundamental rights in Afghanistan are respected;
17. Commends Uzbekistan for hosting refugees from Afghanistan and for the annual international meetings on Afghanistan since 2019, which have seen participation from a diverse range of actors and provided a forum for constructive discussions on regional stability; notes, however, that Uzbekistan is not a signatory to the 1951 United Nations Refugee Convention, which creates difficulties for a long-term solution for Afghans in Uzbekistan; urges the Uzbek Government to sign and ratify the Convention and allow more Afghan refugees to seek refuge or to transit through the country;
18. Welcomes the collaboration between the EU and Uzbekistan on providing children, young people and families who have been forced to flee Afghanistan with UNICEF support, including through inclusive education, social services and legal aid; calls on the Member States and the EEAS to engage with Uzbekistan on assisting women who try to flee Afghanistan;
19. Welcomes the historic agreement of 27 January 2023 between Uzbekistan and Kyrgyzstan on the delimitation of the border between the two countries, which settles the outstanding issues between the two sides and completes a process that lasted three decades; welcomes also the signing of the declaration of comprehensive strategic partnership between the two countries; welcomes the fact that these agreements will also contribute to deepening further bilateral relations and cooperation, including in the trade and energy sectors; equally welcomes the agreement of 22 December 2022 between Uzbekistan and Kazakhstan on the demarcation of the Kazakh-Uzbek state border, which is the result of 19 years of negotiations; commends Uzbekistan for being able to settle complex issues of water use, delimitation and border disputes with its neighbours, such as Tajikistan; acknowledges Uzbekistan’s instrumental role in fostering closer ties with neighbouring countries, including Kazakhstan, through a range of connectivity projects; emphasises the importance of regional stability and urges all parties to engage in constructive dialogue to resolve any potential conflict in a peaceful and diplomatic manner;
20. Welcomes the Uzbek government’s adoption of the 2020-2030 water sector development strategy and its efforts to mobilise international support to tackle the consequences of the desiccation and salinisation of the Aral Sea and the collapse of its entire ecosystem; encourages further regional and global cooperation to find potential solutions, such as the recently announced Aral Culture Summit project, which will bring together the local and international community and promote sustainable agriculture; welcomes the fact that the EU and other organisations are involved in improving the environmental and socioeconomic situation in the Aral Sea region;
21. Welcomes Uzbekistan’s growing role in regional water diplomacy and calls on the Commission and the EEAS to assist Uzbekistan in its cooperation with its neighbouring countries, particularly with Kazakhstan and Kyrgyzstan, as well as to provide Uzbekistan and its relevant neighbours with the technical and financial assistance needed for restoring the collapsed ecosystems of the Aral Sea and its basin by increasing water flow in order to decrease salinity, improving irrigation canals and helping to introduce crops requiring less water and fewer toxic products, among other measures; stresses the importance of improving regional relations in the context of water, as research has shown that the water crisis in Central Asia is not caused by a shortage of total water resources but by water allocation practices; highlights the fact that reconciling conflicts, including those concerning water distribution, is crucial for achieving long-term regional stability and the SDGs;
Human rights and fundamental freedoms, rule of law and civil society
22. Condemns the repression and violence against the Karakalpak people and regrets the loss of life during protests in the Republic of Karakalpakstan on 1 and 2 July 2022; urges the authorities of Uzbekistan to refrain from using disproportionate force against peaceful protesters and to establish a genuinely independent, impartial and effective investigation into the events, including into the deaths and severe injuries that occurred and into the actions taken by the security forces, including the weapons they used; notes the efforts by the Uzbek authorities to open these trials to the public and media, but underlines the importance of transparent judicial trials based on respecting the rights of defendants and adhering to good international practice; welcomes the Uzbek authorities’ commitment to maintaining the current constitutional status of Karakalpakstan;
23. Reiterates the importance of people’s right to freedom of assembly, the right to freedom of association and the right to freedom of speech; calls for an independent investigation into all allegations of torture and ill-treatment reported by defendants during the trials linked to the protests and by activist and lawyer Dauletmurat Tazhimuratov, as well as into the death of Polat Shamshetov who died days after being convicted; calls upon the Uzbek authorities to ensure that detainees and prisoners are held in conditions consistent with respect for their human dignity; calls for convictions for plotting to seize power by disruption of the constitutional order to be overturned, since the protesters were calling for the constitution to be upheld; regrets that Karalkalpak protesters have been convicted and sentenced to long prison terms and calls for the release of all political prisoners, including those arrested during the Karalkalpakstan protests, as well as the thousands of others in prison on politically motivated charges;
24. Expresses concern about reports of transnational repression by Uzbekistan targeting Karakalpaks from the diaspora in the aftermath of the July 2022 protests, as Karakalpak activists have been arrested in or forcibly deported from other countries;
25. Underlines the important role that civil society can play in supporting effective and inclusive reforms and good governance; regrets the significant barriers to NGO registration as several independent CSOs have repeatedly been denied registration on grounds that appear to be politically motivated; regrets the obligations imposed on NGOs receiving foreign funding by the Regulation on Coordination Between Non-Governmental Non-Commercial Organisations and Public Authorities in the Implementation of International Grant Projects approved by Decree No 328 of the Cabinet of Ministers of Uzbekistan on 13 June 2022, which shrink the space for civil society activities and impede the exercise of the freedom of association; underlines that the barrier to NGO registration may also affect EU-Uzbekistan business relations, since EU and Member States’ due diligence legislation may require NGO monitoring capacity;
26. Calls on the Government of Uzbekistan to allow independent human rights organisations, including international human rights groups, to register in the country and to carry out their activities without undue state interference, as well as to adopt an NGO code in line with international standards;
27. Calls on the Uzbek authorities to continue to make progress in their compliance with the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles);
28. Expresses deep concern over Uzbekistan’s poor record on democracy, media freedom, human rights and the rule of law, as reported by international human rights organisations; regrets that opposition parties are practically not allowed to function inside the country and that ethnic and religious minorities are often underrepresented in state structures and discriminated against; calls on the Uzbek Government to respect the freedom of association both for NGOs and political parties; regrets that despite some improvements in the fight against corruption, bribery, nepotism and extortion are still widespread throughout the public administration;
29. Calls on the Uzbek Government to restart the reform of the Criminal Code in line with international human rights standards and the recommendations of UN treaty bodies, in particular to amend the articles related to overly broad definitions of offences against the state and extremism, to repeal articles allowing for the arbitrary extension of sentences of political prisoners, to decriminalise ‘defamation’ and ‘insult’, including online criticism of the President, and to amend the definition of torture in accordance with the UN Convention Against Torture and the International Covenant on Civil and Political Rights; regrets the lack of human rights conditionality and stresses that EU funding should be conditional on the improvement of the human rights situation;
30. Underlines the importance of strengthening the role and work of the Oliy Majlis in order to improve parliamentary oversight; calls for improvements to interparliamentary cooperation between the European Parliament, in particular the Parliamentary Cooperation Committee, and the Uzbek Parliament on issues of shared interest, such as improving democracy, the rule of law and respect for human rights and fundamental freedoms;
31. Condemns the reported ongoing use of torture, cruel and inhuman treatment in detention and prisons in Uzbekistan and calls for legal safeguards to be implemented consistently and for proper investigations into all reports of torture;
32. Welcomes progress made towards the ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and encourages the authorities to complete this process as soon as possible;
33. Deplores the lack of pluralism of the media in Uzbekistan; calls for the financial sustainability and independence of media outlets to be ensured in order to eliminate political influence; calls for greater transparency on media ownership with a view to enhancing media independence and pluralism; notes the need to strengthen the resilience of the Uzbek media against propaganda and disinformation through the promotion of Uzbek language media and digital training programmes, including the provision of information about the EU’s General Data Protection Regulation and Digital Services Act;
34. Condemns any threats against journalists and bloggers and calls on the authorities to ensure respect for the rights of journalists, independent bloggers, content producers and human rights defenders and their protection against violence harassment, unfounded detention, pressure, threats against them and their families and torture and to investigate any attacks against them;
35. Condemns the recent arrests and persecution of journalists accused of participating in the July 2022 protests and the sentencing of Dauletmurat Tajimuratov; calls for the release of journalists, independent bloggers, government critics and human rights defenders, including those from Karakalpakstan, who have been prosecuted for their work; notes, in this regard, the specific cases of bloggers Otobek Sattoriv, Miraziz Bazarov and Fazilhoja Arifhojaev, as well as Karakalpak journalist Lolagul Kallykhanova and others, including Sobirjon Babaniyazov and Valijon Kalonov;
36. Strongly condemns the draft information code proposed by Uzbekistan’s Information and Mass Communications Agency and published in mid-December 2022, which, if adopted, poses a serious threat to freedom of expression and human rights in the country, and calls for its withdrawal; reminds the authorities of the importance of upholding the freedom of expression, both online and offline, the freedom of assembly, the freedom of association and the independence of the media;
37. Stresses the importance of refraining from limiting or blocking websites and calls on the government to ensure that any restrictions are strictly limited to cases where such limitation is in line with international standards, is based on objective and transparent criteria defined in law, and is content-specific, while making sure that the public is duly informed;
38. Calls on the government to protect the right to freedom of religion and to amend the 2021 Religion Law in accordance with recommendations issued by the former UN Special Rapporteur on Freedom of Religion or Belief in a report of 29 March 2023, which notes that the definitions of extremism and terrorism are vague and overbroad, leading to arbitrary detention and undue restrictions to the right of freedom of religion or belief; recommends that the related legal provisions are narrowly and precisely drafted; deplores religious persecution and calls for the immediate and unconditional release of Bobirjon Tukhtamurodov, Oybek Khamidov, Khasan Abdirakhimov and Alimardon Sultonov; urges the Uzbek authorities to protect Christian converts who are at risk of physical assault, kidnapping and forced marriage by their families and community;
39. Urges the Uzbek authorities to take steps to rehabilitate victims of wrongful detention and repair the harm caused to them, including by overturning their convictions, acknowledging and compensating them for the harm done and providing assistance such as medical and psychological care;
40. Notes that despite the adoption of previous laws, including the 2019 Law on the Protection of Women from Harassment and Violence, gender-based violence against women remains widespread; welcomes the bill on gender-based violence, which also covers domestic violence and the sexual abuse of minors, adopted by the Uzbek Senate on 6 April 2023 and signed by President Mirziyoyev on 11 April 2023, as a significant step towards the complete criminalisation of domestic violence in accordance with international standards; recognises, in this regard, the years of advocacy conducted by Uzbek women’s rights activists; calls for all laws concerning gender-based violence to be effectively implemented and enforced by the authorities in all regions of Uzbekistan;
41. Calls on the authorities to continue taking measures to bring Uzbekistan fully into line with its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women, as indicated in the concluding observations on the sixth periodic report of Uzbekistan by the UN Committee on the Elimination of Discrimination Against Women; calls on the Uzbek authorities to continue working with local and international civil society organisations and partners to address these issues; expects the Uzbek authorities to promote gender equality in the education sector, in the workplace and in the whole public administration;
42. Emphasises that women’s active participation in public and political life, especially at the senior and decision-making levels, should be facilitated by means of comprehensive legal, institutional and educational initiatives and that political parties should be encouraged to facilitate women’s political advancement, increase the visibility of women during electoral campaigns and integrate gender issues into their platforms;
43. Encourages the authorities to step up efforts to stop child marriage in Uzbekistan and calls on the Government of Uzbekistan to do more to end its practice in the country and protect the rights of girls and boys, including the right to education for girls and women; expects the Uzbek authorities to ensure equal opportunities and access to education for all students in Uzbekistan, regardless of their background or socioeconomic status;
44. Condemns, in the strongest possible terms, the fact that consensual same-sex sexual relations between men are still criminalised and is deeply worried about the prevalence of intimidation, harassment, violence and stigma against LGBTIQ people in the country; urges the authorities of Uzbekistan to decriminalise same-sex sexual conduct by repealing Article 120 of the Criminal Code, in line with the ICCPR, to ensure the security, privacy and non-discrimination of LGBTIQ people in Uzbekistan and to adopt a comprehensive anti-discrimination law that includes sexual orientation and gender identity as protected grounds; calls on the government to revise the plans for a new by-law, proposed in August 2022, requiring compulsory medical examinations of so-called dangerous groups, namely men who have sex with men, sex workers and drug users, in order to test for HIV;
Sectoral cooperation
45. Welcomes Uzbekistan’s commitment to reduce greenhouse gas emissions by 2030 and encourages the country, as the leading electricity producer in Central Asia, to prioritise sustainable energy solutions for the region’s long-term benefit; calls on Uzbekistan to continue and step up its green transition programmes in line with the Paris Climate Agreement, to which Uzbekistan is a party;
46. Takes note of the potential of Uzbekistan’s natural resources in the EU’s energy diversification in the context of sustainable partnerships, while at the same time recognises the crucial role of the EU in financing Uzbekistan’s sectoral reforms, improving its energy efficiency and reducing its greenhouse gas emissions; considers that, on the basis of the EU-Uzbekistan Memorandum of Understanding and the bilateral consultations, both parties are striving to enhance their energy and environmental security; regrets, in this regard, the advantages given to Russian state companies and Russian political insiders benefiting from the gas sector in Uzbekistan and Russian attempts to gain political advantages through the provision of gas;
47. Calls on the Commission and the EEAS to increase efforts to contribute to the development of renewable energy sources in Uzbekistan in line with the SDGs and in order to prevent future crises caused by shortages of fossil fuels; welcomes successful UN Development Programme projects that have developed energy-efficient and low-carbon housing in Uzbekistan that have withstood the energy crisis and calls on the Uzbek authorities to contribute to expanding these efforts and extend them also to existing housing stock;
48. Calls on the Commission to finalise the study on sustainable transport corridors connecting Europe with Central Asia, which was launched at the end of 2021 and is being implemented by the European Bank for Reconstruction and Development and which aims to identify the most sustainable transport corridors and propose key actions for corridor development;
49. Commends ERASMUS+ and the Youth Action Plan in EU external action and highlights the importance of people-to-people contacts, particularly between young people during their education, and calls on the EU and Uzbekistan to make more effort in and provide support for the expansion of these contacts and exchanges between the EU and Uzbekistan, to the benefit of both sides;
Trade relations
50. Welcomes the successful completion of negotiations on the EU-Uzbekistan Enhanced Partnership and Cooperation Agreement and expects that this agreement will contribute to Uzbekistan integrating further into the multilateral trading system, strengthen market economy mechanisms and increase foreign investors’ confidence; believes that the agreement will ensure a better regulatory environment for economic operators in areas such as trade in goods and services, state-owned enterprises, procurement and intellectual property rights; recalls that the rule of law, good governance, the implementation of shared values and the principles of democracy and respect for fundamental freedoms and human and social rights are the core basis for the Enhanced Partnership and Cooperation Agreement between the EU and Uzbekistan, which shapes bilateral relations;
51. Recognises the efforts made by Uzbekistan in implementing International Labour Organization (ILO) standards, in particular as regards eliminating child labour and forced labour in the cotton sector; underlines the need for continued efforts in this regard; urges the Uzbek Government to work towards ensuring fair wages for cotton workers; recognises the adoption of Uzbekistan’s new Labour Code, which came into force on 30 April 2023 and introduces innovations in labour relations and dispute resolution; urges the Uzbek Government to make data on child labour more transparent for all stakeholders and to allow the registration of non-governmental organisations working on the issues of forced labour, child labour and exploitation; calls on Uzbekistan to introduce broader reforms to empower civil society and develop effective institutions in order to ensure transparency and accountability and consolidate progress across all parts of the cotton sector;
52. Recognises the growing strategic importance of Central Asia and the key role that Uzbekistan plays in regional cooperation and connectivity, in particular as part of the Global Gateway Initiative; believes that, under the Commission’s policy of open strategic autonomy, the resilience of the supply chain will be strengthened by establishing a network of trusted stakeholders based on sustainable and mutually beneficial economic activity, as well as on regular diplomatic exchanges;
53. Stresses that the EU and Uzbekistan should use their economic and commercial cooperation to actively diversify Uzbekistan’s industries in order to support an accelerated transition to renewable energy and increase efforts to guarantee energy efficiency under the Paris Agreement and to enhance the integration of energy markets in Central Asia with those of neighbouring countries and the EU by creating synergies between various energy policy strategies and infrastructure projects in the region, in line with the negotiations at the World Trade Organization on establishing rules and criteria for linking trade, climate and the environment; recalls that this should benefit citizens by mitigating energy poverty, guaranteeing a just transition towards zero emissions by 2050 and establishing a Central Asian climate-neutral region by that date;
54. Acknowledges the challenges that Uzbekistan is facing in the light of the current geopolitical situation, as its government attempts to diversify its economic and trade dependencies on Russia and seeks to encourage greater cooperation with its European partners;
55. Stresses that connectivity and cooperation in the region should support reinvigorated efforts under the EU-Central Asia Platform on Environment and Water Cooperation in a complex and comprehensive manner; emphasises, in this context, the importance of the principles of social and environmental sustainability in the course of extracting or processing natural resources; reiterates that reinvesting revenue from natural resources is therefore crucial for the socioeconomic development of Uzbekistan and for ensuring that the country and its neighbours become resilient in the face of future global and regional challenges, by enabling the implementation of the UN 2030 Agenda with its 17 Sustainable Development Goals; believes that this is crucial for contributing to establishing sustainable circular economies in the country and the region;
56. Stresses that Uzbekistan also plays a crucial role in regional security and economic stability, especially in terms of the fight against illegal immigration, organised crime, terrorism and corruption;
57. Draws attention to the potential risks of Uzbekistan’s possible assistance to Russia, as it may be aiding Russia in circumventing trade sanctions imposed by the EU; calls for careful monitoring of the situation;
58. Reiterates the importance of Uzbekistan’s membership of the Generalised Scheme of Preferences Plus (GSP+), which contributes to economic growth and yields very positive results (exports to the EU increased by 34 % in 2021); recognises that accepting Uzbekistan as a beneficiary of the GSP+ reflects the recognition of reforms undertaken by the Uzbek Government; notes that, despite the progress that Uzbekistan has made in recent years, a number of concerns remain regarding the effective implementation of the 27 core international conventions; reiterates the need for effective implementation of the conventions, as well as compliance with reporting obligations under the GSP+ scheme; calls on the Commission to support and closely monitor the effective implementation of all 27 core international conventions under the GSP+ on human and labour rights, environmental regulations and good governance principles; calls for cooperation with Uzbekistan to develop efficient and reliable customs procedures that contribute to digitalisation and administrative simplification, which will positively contribute to increasing trade flows;
59. Stresses that, despite progress in eliminating forced labour, poor working conditions, low wages, full respect for workers’ rights and the recognition of freedom of association, including the right to establish independent trade unions, remain major problems in Uzbekistan;
60. Notes that Uzbekistan can play an important role in diversifying regional and global supply chains by delivering minerals and metals to the benefit of domestic, regional and international industries, including the EU’s industries, by ensuring that partnership and mutual technological cooperation are benchmarks and support for the green transition;
61. Stresses that, owing to the lack of direct access to seaports, developing infrastructure and logistics corridors, in particular the Trans-Caspian International Transport Route, is crucially important for trade and for connecting Uzbekistan with the markets of potential trading partners; notes that efficient and sustainable links and networks between Europe and Central Asia through priority transport corridors, including air, sea and land transport, as well as digital, energy and interpersonal networks, will increase trade flows;
62. Welcomes the establishment of the first independent trade union in Uzbekistan in the cotton sector; calls on the Uzbek authorities, in line with the ILO conventions ratified by Uzbekistan, to promote the establishment of independent and alternative trade unions in all sectors of the economy;
63. Calls on the Uzbek authorities to ratify ILO Convention 155 on Occupational Safety and Health;
64. Calls for cooperation in and EU support for green development and the further exploration of Uzbekistan’s potential for building trade and economic relations with the EU;
o o o
65. Instructs its President to forward this resolution to the Council, the Commission and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy and to the President, Government and Parliament of the Republic of Uzbekistan.