Index 
Texts adopted
Wednesday, 9 October 2013 - Strasbourg
Interinstitutional Agreement between the European Parliament and the ECB on cooperation on procedures related to the Single Supervisory Mechanism
 Number and numerical strength of the interparliamentary delegations, delegations to joint parliamentary committees and delegations to parliamentary cooperation committees and multilateral Parliamentary Assemblies
 2011 discharge: European Council and Council
 Recreational craft and personal watercraft ***I
 Recognition of professional qualifications and administrative cooperation through the Internal Market Information System ***I
 EU-Armenia Agreement: facilitation of the issuance of visas ***
 EU-Armenia Agreement: readmission of persons residing without authorisation ***
 EU-China negotiations for a bilateral investment agreement
 EU-Taiwan trade relations
 Assessment of the effects of certain public and private projects on the environment ***I
 EU and Member State measures to tackle the flow of refugees as a result of the conflict in Syria

Interinstitutional Agreement between the European Parliament and the ECB on cooperation on procedures related to the Single Supervisory Mechanism
PDF 109kWORD 41k
Decision
Annex
European Parliament decision of 9 October 2013 on the conclusion of an Interinstitutional Agreement between the European Parliament and the European Central Bank on the practical modalities of the exercise of democratic accountability and oversight over the exercise of the tasks conferred on the ECB within the framework of the Single Supervisory Mechanism (2013/2198(ACI))
P7_TA(2013)0404A7-0302/2013

The European Parliament,

–  having regard to the letter from its President of 12 September 2013,

–   having regard to the draft Interinstitutional Agreement between the European Parliament and the European Central Bank on the practical modalities of the exercise of democratic accountability and oversight over the exercise of the tasks conferred on the ECB within the framework of the Single Supervisory Mechanism,

–  having regard to the Treaty on European Union,

–  having regard to the Treaty on the Functioning of the European Union, in particular Article 127(6), the second paragraph of Article 284(3) and Article 295 thereof,

–  having regard to its position, adopted on 12 September 2013, with a view to the adoption of a Council regulation conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions(1) and to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on Constitutional Affairs on a proposal for such regulation(2),

–   having regard to the declaration of the President of the European Parliament and of the President of the European Central Bank of 12 September 2013, on the occasion of Parliament’s vote for the adoption of a Council regulation conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions(3),

–  having regard to Rule 127(1) and Rule 46(1) of its Rules of Procedure,

–  having regard to the report of the Committee on Constitutional Affairs (A7-0302/2013),

1.  Approves conclusion of the agreement below and, taking into account the substance of the agreement, decides to annex it to its Rules of Procedure;

2.  Instructs its President to sign the agreement with the President of the European Central Bank and to arrange for its publication in the Official Journal of the European Union;

3.  Instructs its President to forward this decision, including its annex, to the Council, the Commission, the European Central Bank and the national parliaments.

ANNEX

Interinstitutional Agreement between the European Parliament and the European Central Bank on the practical modalities of the exercise of democratic accountability and oversight over the exercise of the tasks conferred on the ECB within the framework of the Single Supervisory Mechanism

(The text of this annex is not reproduced here since it corresponds to the interinstitutional agreement as published in OJ L 320 of 30 November 2013, p. 1.)

(1) Texts adopted, P7_TA(2013)0372.
(2) A7-0392/2012 (rapporteur: Marianne Thyssen and rapporteur for opinion: Andrew Duff).
(3) See the Annex to Parliament's legislative resolution of 12 September 2013 on a proposal for such regulation (Texts adopted, P7_TA(2013)0372).


Number and numerical strength of the interparliamentary delegations, delegations to joint parliamentary committees and delegations to parliamentary cooperation committees and multilateral Parliamentary Assemblies
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European Parliament decision of 9 October 2013 on the number and numerical strength of the interparliamentary delegations, delegations to joint parliamentary committees and delegations to parliamentary cooperation committees and multilateral Parliamentary Assemblies (2013/2853(RSO))
P7_TA(2013)0405B7-0431/2013

The European Parliament,

–  having regard to the proposal by the Conference of Presidents,

–  having regard to its decisions of 6 May 2009(1), 14 September 2009(2), 15 June 2010(3) and 14 December 2011(4) on the number and numerical strength of the interparliamentary delegations, delegations to joint parliamentary committees and delegations to parliamentary cooperation committees and multilateral Parliamentary Assemblies,

–  having regard to Rule 198 of its Rules of Procedure,

1.  Decides that, following Croatia’s accession to the European Union, the Delegation to the EU–Croatia Joint Parliamentary Committee shall cease to exist;

2.  Decides to amend as follows the numerical strength of the following interparliamentary delegations:

Delegation for relations with Albania, Bosnia and Herzegovina, Serbia, Montenegro and Kosovo: 30 members

Delegation for relations with the Arab Peninsula: 19 members

Delegation for relations with the United States: 57 members

Delegation for relations with Canada: 21 members

Delegation for relations with the countries of Central America: 16 members

Delegation for relations with Japan: 26 members

Delegation for relations with the People’s Republic of China: 42 members

Delegation for relations with India: 29 members

Delegation for relations with the countries of Southeast Asia and the Association of Southeast Asian Nations (ASEAN): 25 members

Delegation for relations with Australia and New Zealand: 19 members

Delegation for relations with South Africa: 21 members;

3.  Instructs its President to forward this decision to the Council and the Commission, for information.

(1) OJ C 212 E, 5.8.2010, p. 136.
(2) OJ C 224 E, 19.8.2010, p. 36.
(3) OJ C 236 E, 12.8.2011, p. 159.
(4) OJ C 168 E, 14.6.2013, p. 132.


2011 discharge: European Council and Council
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Decision
Resolution
1. European Parliament decision of 9 October 2013 on discharge in respect of the implementation of the European Union general budget for the financial year 2011, Section II – European Council and Council (COM(2012)0436 – C7-0226/2012 – 2012/2169(DEC))
P7_TA(2013)0406A7-0310/2013

The European Parliament,

–  having regard to the European Union general budget for the financial year 2011(1),

–  having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012)0436 – C7‑0226/2012)(2),

–  having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2011, together with the institutions' replies(3),

–  having regard to the statement of assurance(4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

–  having regard to its decision of 17 April 2013(5) postponing its decision on granting discharge for the financial year 2011, and the accompanying resolution,

–  having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

–  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (6), and in particular Articles 50, 86, 145, 146 and 147 thereof,

–  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(7), and in particular Articles 164, 165 and 166 thereof,

–  having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management(8),

–  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

–  having regard to the second report of the Committee on Budgetary Control (A7-0310/2013),

1.  Refuses to grant the Secretary-General of the Council discharge in respect of the implementation of the European Council's and the Council's budget for the financial year 2011;

2.  Sets out its observations in the resolution below;

3.  Instructs its President to forward this Decision and the resolution that forms an integral part of it to the European Council, the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

2.European Parliament resolution of 9 October 2013 with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2011, Section II – European Council and Council (COM(2012)0436 – C7‑0226/2012 – 2012/2169(DEC))

The European Parliament,

–  having regard to the European Union general budget for the financial year 2011(9),

–  having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012)0436 – C7‑0226/2012)(10),

–  having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2011, together with the institutions' replies(11),

–  having regard to the statement of assurance(12) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

–  having regard to its decision of 17 April 2013(13) postponing its decision on granting discharge for the financial year 2011, and the accompanying resolution,

–  having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

–  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (14), and in particular Articles 50, 86, 145, 146 and 147 thereof,

–  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(15), and in particular Articles 164, 165 and 166 thereof,

–  having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management(16),

–  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

–  having regard to the second report of the Committee on Budgetary Control (A7-0310/2013),

A.  Whereas in a democratic society, taxpayers and public opinion have the right to be kept informed of the use of public funds(17);

B.  Whereas citizens have the right to know how their taxes are being spent and how the power entrusted to political bodies is handled;

C.  Whereas the Council, as a Union institution, should be subject to democratic accountability towards the citizens of the Union as far as it is a beneficiary of the general budget of the European Union;

D.  Whereas Parliament is the sole directly elected body among the Union institutions and has responsibility to grant discharge in respect of the implementation of the general budget of the European Union;

1.  Emphasises Parliament's role specified in the Treaty on the Functioning of the European Union (TFEU) in respect of the budget discharge;

2.  Points out that under Article 335 TFEU, "the Union shall be represented by each of the institutions, by virtue of their administrative autonomy, in matters relating to their respective operation" and that accordingly, taking into account Article 55 of the Financial Regulation, the institutions are individually responsible for the implementation of their budgets;

3.  Notes that under Rule 77 of its Rules of Procedure, "the provisions governing the procedure for granting discharge to the Commission in respect of the implementation of the budget shall likewise apply to the procedure for granting discharge to […] the persons responsible for the implementation of the budgets of the other institutions and bodies of the European Union such as the Council (as regards its activity as executive), the Court of Justice of the European Union, the Court of Auditors, the European Economic and Social Committees and the Committee of the Regions";

Opinion of the Court of Auditors on the European Council and Council in its statement of assurance for the financial year 2011

4.  Emphasises the fact that in the annual report concerning the financial year 2011, the Court of Auditors included observations on the European Council and the Council concerning procurement procedures relating to cleaning services and the purchase of service clothing and shoes, in which certain weaknesses in the application of selection and award criteria were identified;

5.  Notes the Council's explanations concerning the procurement shortcomings and its assurance of full respect of the spirit and the principles of the Financial Regulation;

6.  Shares the Court of Auditors' recommendations that authorising officers should improve the design, coordination and performance of procurement procedures through appropriate checks and better guidance; recommends the stricter application of the procurement rules, with which all the Union institutions are bound to comply;

7.  Notes that the Council did not provide any further reply to the Court of Auditors' recommendation relating to the appropriate checks and better guidance of procurement procedures;

Pending issues

8.  Regrets the difficulties encountered in discharge procedures for the financial years 2007, 2008, 2009 and 2010, which were due to a lack of cooperation from the Council; points out that Parliament refused to grant discharge to the Secretary-General of the Council in respect of the implementation of the Council's budget for the financial years 2009 and 2010 for the reasons set out in its resolutions of 10 May 2011(18), 25 October 2011(19), 10 May 2012(20) and 23 October 2012(21);

9.  Expects that future annual activity reports which are received by Parliament from the Council will include a comprehensive overview of all human resources broken down by category, grade, sex, nationality and vocational training, as well as the internal budget decisions of the Council;

10.  Stresses that the budget of the European Council and the Council should be separated in order to contribute to the transparency of their financial management and to ensure better accountability of both institutions;

11.  Reiterates that the Council must provide a thorough written explanation detailing the total amount of appropriations used in the purchase of the Résidence Palace building, the budget items from which those appropriations were drawn, the instalments that have been paid thus far, the instalments that are yet to be paid and the purpose that the building will serve;

12.  Regrets that the Council continues to refuse to answer Parliament's questions;

13.  Reiterates that it is still waiting for a reply from the Council to the questions and the request for documents set out in its resolution of 10 May 2012; calls on the Secretary-General of the Council to provide Parliament's Committee on Budgetary Control with comprehensive written answers to these questions;

14.  Insist that the expenditure of the Council must be scrutinised in the same way as that of other institutions; is of the opinion that the fundamental elements of such scrutiny are laid down in its resolution of 23 October 2012;

15.  Welcomes, however, the fact that the Presidency in office of the Council accepted Parliament's invitation to the debate held in plenary on 16 April 2013 on the 2011 discharge reports; endorses the fact that the Presidency was open to developing a beneficial cooperation between Parliament and the Council;

16.  Notes the Irish Presidency's proposal to establish an interinstitutional working group to negotiate possible solutions to the Council's discharge; looks to the Lithuanian Presidency of the Council for a specific proposal;

The right of Parliament to grant discharge

17.  Emphasises Parliament's prerogatives to grant discharge pursuant to Articles 317, 318 and 319 of the TFEU, in line with current interpretation and practice, namely to grant discharge to each heading of the budget individually in order to maintain transparency and democratic accountability towards Union taxpayers;

18.  Recalls that the Commission, in its reply of 25 November 2011 to the letter from the Chair of the Committee on Budgetary Control, wrote that it is desirable for Parliament to continue to give, postpone or refuse discharge to the other institutions, including the Council, as has been the case up until now;

19.  Is of the opinion that in any event, an assessment must be carried out of the Council's management as a Union institution during the financial year under examination, thereby upholding Parliament's prerogatives, in particular the assurance of democratic accountability towards the citizens of the Union;

20.  Believes, therefore that some progress could be achieved if Parliament and the Council could set up together a list of documents to be exchanged in order to fulfil their respective roles in the discharge process;

21.  Considers that a satisfactory cooperation between both institutions materialised in an open and formal dialogue procedure can be a positive sign to be sent to the citizens of the Union in these difficult times.

(1) OJ L 68, 15.3.2011.
(2) OJ C 348, 14.11.2012, p. 1.
(3) OJ C 344, 12.11.2012, p. 1.
(4) OJ C 348, 14.11.2012, p. 130.
(5) Texts adopted, P7_TA(2013)0126.
(6) OJ L 248, 16.9.2002, p. 1.
(7) OJ L 298, 26.10.2012, p. 1.
(8) OJ C 139, 14.6.2006, p. 1.
(9) OJ L 68, 15.3.2011.
(10) OJ C 348, 14.11.2012, p. 1.
(11) OJ C 344, 12.11.2012, p. 1.
(12) OJ C 348, 14.11.2012, p. 130.
(13) Texts adopted, P7_TA(2013)0126.
(14) OJ L 248, 16.9.2002, p. 1.
(15) OJ L 298, 26.10.2012, p. 1.
(16) OJ C 139, 14.6.2006, p. 1.
(17) Judgment of the Court of Justice of 20 May 2003 in Joined Cases C-465/00, C-138/01 and C-139/01 Österreichischer Rundfunk and others ([2003] ECR I-4989, paragraph 85).
(18) OJ L 250, 27.09.2011, p.25.
(19) OJ L 313, 26.11.2011, p. 13.
(20) OJ L 286, 17.10.2012, p. 23.
(21) OJ L 350, 20.12.2012, p. 71.


Recreational craft and personal watercraft ***I
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Resolution
Text
European Parliament legislative resolution of 9 October 2013 on the proposal for a directive of the European Parliament and of the Council on recreational craft and personal watercraft (COM(2011)0456 – C7-0212/2011 – 2011/0197(COD))
P7_TA(2013)0407A7-0213/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0456),

–  having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0212/2011),

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

–  having regard to the opinion of the European Economic and Social Committee of 8 December 2011(1),

–  having regard to the undertaking given by the Council representative by letter of 31 May 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

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

–  having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on the Environment, Public Health and Food Safety and the Committee on Transport and Tourism (A7-0213/2012),

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

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

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

Position of the European Parliament adopted at first reading on 9 October 2013 with a view to the adoption of Directive 2013/.../EU of the European Parliament and of the Council on recreational craft and personal watercraft and repealing Directive 94/25/EC

P7_TC1-COD(2011)0197


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2013/53/EU.)

(1) OJ C 43, 15.2.2012, p. 30.


Recognition of professional qualifications and administrative cooperation through the Internal Market Information System ***I
PDF 202kWORD 29k
Resolution
Text
Annex
European Parliament legislative resolution of 9 October 2013 on the proposal for a directive of the European Parliament and of the Council amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation on administrative cooperation through the Internal Market Information System (COM(2011)0883 – C7-0512/2011 – 2011/0435(COD))
P7_TA(2013)0408A7-0038/2013

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2011)0883),

–  having regard to Article 294(2), Article 46, Article 53(1), and Articles 62 and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0512/2011),

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

–  having regard to Article 294(3), Article 46, Article 53(1) and Article 62 of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinions submitted, within the framework of the Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the French Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

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

–  having regard to the undertaking given by the Council representative by letter of 26 June 2013 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

–  having regard to Rules 55 and 37 of its Rules of Procedure,

–  having regard to the report of the Committee on the Internal Market and Consumer Protection and to the opinions of the Committee on Employment and Social Affairs and the Committee on Environment, Public Health and Food Safety (A7-0038/2013),

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

2.  Takes note of the Commission statement annexed to this resolution;

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

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

Position of the European Parliament adopted at first reading on 9 October 2013 with a view to the adoption of Directive 2013/…/EU of the European Parliament and of the Council amending Directive 2005/36/EC on the recognition of professional qualifications and Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ('the IMI Regulation')

P7_TC1-COD(2011)0435


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2013/55/EU.)

ANNEX TO THE LEGISLATIVE RESOLUTION

Commission statement

The Commission will, when preparing the delegated acts referred to in Article 57c(2), ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council, and will carry out appropriate and transparent consultations well in advance, in particular with experts from competent authorities and bodies, professional associations and educational establishments of all the Member States, and where appropriate with experts from social partners.

(1) OJ C 191, 29.6.2012, p. 103.


EU-Armenia Agreement: facilitation of the issuance of visas ***
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European Parliament legislative resolution of 9 October 2013 on the draft Council decision concerning the conclusion of the Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas (05835/2013 – C7-0112/2013 – 2012/0334(NLE))
P7_TA(2013)0409A7-0290/2013

(Consent)

The European Parliament,

–  having regard to the draft Council decision (05835/2013),

–  having regard to the draft Agreement between the European Union and the Republic of Armenia on the facilitation of the issuance of visas (16913/2012),

–  having regard to the request for consent submitted by the Council in accordance with Article 77(2), point (a) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7‑0112/2013),

–  having regard to Rules 81 and 90(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Foreign Affairs (A7-0290/2013),

1.  Consents to the conclusion of the Agreement;

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


EU-Armenia Agreement: readmission of persons residing without authorisation ***
PDF 190kWORD 33k
European Parliament legislative resolution of 9 October 2013 on the draft Council decision on the conclusion of the Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation (05859/2013 – C7-0113/2013 – 2012/0332(NLE))
P7_TA(2013)0410A7-0289/2013

(Consent)

The European Parliament,

–  having regard to the draft Council decision (05859/2013),

–  having regard to the draft Agreement between the European Union and the Republic of Armenia on the readmission of persons residing without authorisation (05860/2013),

–  having regard to the request for consent submitted by the Council in accordance with Article 79(3) and Article 218(6), second subparagraph, point (a), of the Treaty on the Functioning of the European Union (C7‑0113/2013),

–  having regard to Rules 81 and 90(7) of its Rules of Procedure,

–  having regard to the recommendation of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Foreign Affairs (A7-0289/2013),

1.  Consents to the conclusion of the Agreement;

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


EU-China negotiations for a bilateral investment agreement
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European Parliament resolution of 9 October 2013 on the EU-China negotiations for a bilateral investment agreement (2013/2674(RSP))
P7_TA(2013)0411B7-0436/2013

The European Parliament,

–  having regard to Articles 2, 3, 6 and 21 of the Treaty on European Union,

–  having regard to Articles 153, 191, 207 and 218 of the Treaty on the Functioning of the European Union,

–  having regard to Articles 12, 21, 28, 29, 31 and 32 of the Charter of Fundamental Rights of the European Union,

–  having regard to the EU Strategic Framework and Action Plan on Human Rights and Democracy of 25 June 2012,

–  having regard to the Protocol on the Accession of the People’s Republic of China to the World Trade Organisation of 23 November 2001,

–  having regard to its resolution of 23 May 2012 on ‘EU and China: Unbalanced Trade?’(1) and to the report of July 2011 by its Directorate-General for External Policies on trade and economic relations with China,

–  having regard to its resolution of 14 March 2013 on EU-China relations(2),

–  having regard to the generally accepted principles and practices (GAPP) known as the Santiago Principles, which were adopted in October 2008 by the International Monetary Fund’s International Working Group of Sovereign Wealth Funds,

–  having regard to the joint statement issued on the occasion of the 13th EU-China Summit held in Brussels on 20 September 2012,

–  having regard to the Commission communication entitled ‘Trade, Growth and World Affairs – Trade Policy as a core component of the EU’s 2020 strategy’ (COM(2010)0612) and to Parliament’s resolution of 27 September 2011 on a new trade policy for Europe under the Europe 2020 strategy(3),

–  having regard to its resolution of 13 December 2011 on trade and investment barriers(4),

–  having regard to its resolution of 6 April 2011 on the future European international investment policy(5),

–  having regard to its resolutions of 25 November 2010 on corporate social responsibility in international trade agreements(6), on human rights, social and environmental standards in international trade agreements(7) and on international trade policy in the context of climate change imperatives(8),

–  having regard to the Commission communication entitled ‘EU – China: Closer partners, growing responsibilities’ (COM(2006)0631) and its accompanying policy paper ‘Competition and Partnership – A policy paper on EU-China trade and investment’ (COM(2006)0632),

–  having regard to its resolution of 5 February 2009 on enhancing the role of European SMEs in international trade(9),

–  having regard to its recent decision introducing publishing requirements for extractive and logging industries concerning their payments to governments(10),

–  having regard to the joint decision by the EU and China, taken at the 14th EU-China Summit held in February 2012 in Beijing, to launch negotiations on a bilateral investment agreement,

–  having regard to Rule 110(2) of its Rules of Procedure,

A.  whereas trade between the EU and China has been growing rapidly and continuously in the last three decades, reaching a peak of total trade of EUR 433,8 billion in 2012, and whereas the imbalance in bilateral trade has been in China’s favour since 1997; whereas this trade deficit amounted to EUR 146 billion in 2012, compared with EUR 49 billion in 2000;

B.  whereas the EU’s foreign investment stock in China in 2011 amounted to EUR 102 billion, while China’s foreign investment stock in the EU in the same year amounted to EUR 15 billion; whereas in 2006 China’s foreign investment stock in the EU amounted to only EUR 3,5 billion;

C.  whereas the Treaty of Lisbon made foreign direct investment (FDI) an exclusive competence of the Union;

D.  whereas 26 EU Member States have individual bilateral investment agreements in force with China; whereas the EU has not yet developed a sustainable long-term industrial policy that would be a driver for its offensive and defensive interests in the framework of its new foreign investment policy;

E.  whereas even with a rise in labour costs of 10 % per annum in recent years, China is still among the top three markets worldwide for investment;

F.  whereas the development goals expressed in China’s 12th five-year plan and the Europe 2020 strategy, respectively, include a large number of shared interests and common challenges; whereas a higher level of integration and technological exchange between the EU and the Chinese economies could lead to synergies and mutual benefits;

G.  whereas there should be a level playing-field for public and private companies;

H.  whereas this investment agreement is the first to be negotiated by the EU on the basis of its overall competence following the entry into force of the Treaty of Lisbon; whereas the negotiations on this investment agreement, including market access, have the potential to generate great interest as well as possible public concern, and should therefore be conducted with the highest possible level of transparency in order to enable the necessary parliamentary oversight, thus fulfilling one of the preconditions for the necessary consent of the European Parliament to the outcome of the negotiations;

I.  whereas investors must comply with both the laws of the host country and the provisions of any agreement concluded by the EU and China once it enters into force in order to benefit fully from the best possible protection of their investments;

J.  whereas the poor implementation or non-implementation by China of certain fundamental social and labour rights and environmental standards, which are, however, internationally recognised, are among the causes of the present imbalance in trade flows between the EU and China, which could be even further exacerbated by deeper investment relations if progress is not achieved in the implementation of those rights and standards; whereas the investment agreement should therefore not have the effect of further lowering social and environmental standards in China, but should, on the contrary, contribute to the improvement thereof as a precondition, leading to a more balanced and mutually beneficial trade and investment relationship;

K.  whereas an investment agreement should also include investor obligations, including with regard to respect for trade union and other labour rights, transparency and protection of the environment, as defined in the law of each of the two parties, and should be concluded in compliance with World Trade Organisation (WTO) rules and other relevant international agreements and core conventions signed and ratified by the parties; whereas investment agreements should not cover investments in specially created zones that provide for the circumvention of labour rights and standards and other legal requirements;

L.  whereas goods for export to the EU which are produced in forced labour camps, such as under the Re-education through Labour (RTL) system, generally known by the name Laogai, should not benefit from investments made under this bilateral investment agreement;

M.  whereas the Commission and the Council have committed to ensuring that EU investment policy takes account of the principles and objectives of the Union’s external action, including human rights, and have committed to delivering as from 2013;

N.  whereas, since an investment agreement with China would substantially upgrade EU‑China economic relations, it should also make a contribution to upgrading the EU‑China political dialogue, notably on such issues as human rights – in the framework of an effective and results-oriented human rights dialogue – and the rule of law, with a view to keeping political and economic relations on a parallel track, in accordance with the spirit of the Strategic Partnership;

O.  whereas investors and investments should strive, through their management policies and practices, to be in line with the development objectives of the host states and local levels of government where the investment is located;

1.  Welcomes the strengthening of economic relations between the EU and China; calls on the EU and on China to pursue a well-balanced relationship of partnership, regular high‑level dialogue, and mutual benefits rather than engaging in confrontational competition;

2.  Points out that China, having acceded to the WTO in 2001, should place more emphasis on liberalising its trade and opening its market in order to ensure a more level playing‑ field, and should accelerate removal of the artificial impediments that companies face in accessing the Chinese market;

3.  Notes that European enterprises deplore the existence of numerous tariff and non-tariff barriers to the Chinese market, such as certain forms of discrimination against foreign operators, as well as the complexity of the tariff structure and the technical barriers to trade;

4.  Welcomes the inclusion of market access in the negotiating mandate; believes that a reassurance on the part of China that market access will be included in the negotiations should constitute a precondition for launching them;

5.  Stresses the need to explicitly include both FDI and portfolio investments in the negotiating process;

6.  Notes that Chinese enterprises perceive the Union generally as a stable investment environment, but deplore what they see as the EU’s remaining export subsidies for European agricultural products and the existence of certain trade barriers to the EU market, such as technical obstacles to trade and barriers erected to block third-country investment in certain Member States, and that they are calling for the removal of the remaining unjustified barriers and the facilitation of investment in the Member States; recalls, however, that a security review mechanism to scrutinise foreign investments was recently set up in China and that the use of such mechanisms by both parties may be based on legitimate grounds; points out that the EU and China may have legitimate security concerns that justify total or partial exclusion of some sectors from foreign investment on a temporary or long-term basis;

7.  Points out that currently the main form in which foreign companies are allowed to set up in China is through joint ventures, which are often associated with the transfer of strategic technologies that promote China’s competitive development to the detriment of European industry; is convinced that further openness on the part of China towards other legal regulations allowing foreign investors to set up, combined with due protection of intellectual property rights (IPRs), industrial property, brands and geographical indications of products, is crucial and would be mutually beneficial, as well as fostering a greater degree of integration of the European and Chinese economies on the basis of a more strategic approach to economic cooperation that is oriented, among other things, towards environment-friendly technology and innovation;

8.  Is convinced that better protection of IPRs and effective implementation of related rules in China would greatly promote the objective of the EU and of other foreign investors of investing, sharing new technological capabilities and updating existing technologies in that country, in particular with regard to environmentally sound technologies;

9.  Welcomes the efforts made by the Chinese authorities to improve respect for IPRs since China’s accession to the WTO, but still deplores their inadequate protection in China and considers regrettable the lack of specific means available to European businesses, particularly SMEs, to counter IPR infringements effectively;

10.  Is concerned about the unreliability of China’s judicial system, which fails to enforce contractual obligations, and about the lack of transparency and uniformity in the application of the regulatory regime governing investments;

11.  Urges the Commission to negotiate an ambitious and balanced EU-China investment agreement that seeks to create a better environment for EU investors in China and vice versa, including improved access to the market, in order to increase the level of reciprocal capital flows and guarantee transparency regarding governance of companies, both state‑owned and private, which invest within the partner economy; recommends the Organisation for Economic Cooperation and Development (OECD) guidelines on corporate governance as a reference document; insists also on better law enforcement in order to ensure fair competition between public and private actors, curtail corruption and enhance the legal certainty and predictability of the business climate in China;

12.  Underlines the importance of establishing, through this agreement, the preconditions for fair competition between the EU and China; recommends, to this end, that the Commission negotiate strong and binding provisions on transparency and fair competition so that a level playing-field also applies to state-owned enterprises and sovereign wealth funds’ investment practices;

13.  Calls for the agreement currently being negotiated to cover both market access and investor protection;

14.  Stresses that nothing in the investment agreement should reduce the policy space of the parties and their capability to legislate in order to pursue legitimate and justified public policy purposes while trying not to nullify the benefits accruing from the commitments of the parties; emphasises that guaranteeing the rule of law for all EU and Chinese investors and citizens must remain the priority;

15.  Calls on the Commission to ensure full transparency with regard to sovereign wealth funds;

16.  Notes that a clear timeframe of negotiations should be established, and reasonable and meaningful transitional periods considered;

17.  Considers that the investment agreement with China should be based on best practices drawn from Member States’ experiences, contribute to greater coherence and include the following standards:

   non-discrimination (national treatment and most-favoured-nation treatment for investors and investments in like circumstances);
   prohibition of manifest arbitrariness in decision-making;
   prohibition of the denial of justice and disregard for the fundamental principles of due process;
   the obligation not to deny justice in criminal, civil, or administrative adjudicatory proceedings, in accordance with the principle of due process embodied in the world’s principal legal systems;
   prohibition of abusive treatment of investors, including coercion, duress and harassment;
   protection against direct and indirect expropriation, and allowing for adequate compensation for any damage incurred in the event of expropriation;
   respect for the principle of legality in connection with nationalisations;

18.  Reaffirms that with a view to the successful conclusion of the negotiations, quality must always prevail over speed;

19.  Notes that the investment protection agreement should include clear definitions of the investment and investor to be protected, and that purely speculative forms of investment should not be protected;

20.  Calls for the agreement to be compatible with multilateral obligations under the General Agreement on Trade in Services (GATS) so as to fulfil the criteria for an economic integration agreement;

21.  Welcomes the fact that the expected improvement in legal certainty will help SMEs to invest abroad, and stresses that SMEs’ voice must be heard during the negotiations (including through the involvement of the EU’s new SME Centre in China, the EU’s IPR SME Helpdesk and the EU Chamber of Commerce in China), so that the agreement to be concluded fosters the internationalisation of those SMEs that are willing to access the other party’s market;

22.  Stresses that a precondition for the conclusion of the agreement should be the inclusion of a strong commitment by the parties to sustainable and inclusive development, in its economic, social and environmental dimensions and in relation to investment, in order to build up a more balanced trade and investment relationship between the EU and China that is not based mainly on low labour costs and poor environmental standards in China;

23.  Stresses that investment agreements concluded by the EU must not be in contradiction with the fundamental values that the EU wishes to promote through its external policies and must not undermine the capacity for public intervention, in particular when pursuing public policy objectives such as social and environmental criteria, human rights, the fight against counterfeiting, security, workers’ and consumers’ rights, public health and safety, industrial policy and cultural diversity; calls for the inclusion of the respective specific and binding clauses in the agreement;

24.  Requests that in this agreement, as in the case of the other trade commitments into which the EU has entered, protecting public services should remain a key principle;

25.  Underlines the fact that the future development of the EU-China investment agreement must be based on mutual trust and full compliance with WTO obligations; deplores the huge levels of public subsidisation of certain sectors with growth potential, including solar panels, and calls on the Commission to ensure that the injurious effects of such dumping and subsidisation are completely removed in order to speed up the negotiations;

26.  Recommends, with regard to market access, that both parties commit to appropriate phasing-in periods and transitional arrangements for certain sectors in order to ease the path to full or partial liberalisation therein; acknowledges also that both parties may not be able to make commitments in certain sectors; calls, in this context, for the exclusion of cultural and audiovisual services from the negotiations on market access, in line with the relevant provisions of the EU Treaties; stresses the need to address interventionist industrial policies, inadequate protection of IPRs, ambiguities in the substance and the application of the rules, and other non-tariff and technical barriers to trade;

27.  Considers that, since it is difficult to access Chinese markets owing to the preponderance of state-run companies, the agreement must, if it is to be balanced, be viewed as a key opportunity to establish a level playing-field for both state-run and private-sector companies;

28.  Stresses the need for the agreement to ensure the EU’s capability to exclude certain strategic sectors from Chinese investors;

29.  Stresses that the agreement should allow the parties, and in the case of the EU, its individual Member States, to define and implement key policies for the promotion and protection of cultural diversity;

30.  Stresses that the agreement must promote investment which is sustainable and inclusive, and respects the environment, particularly in the area of extractive industries, and encourages good-quality working conditions in the enterprises targeted by the investment;

31.  Calls for a clause stating that an investor shall provide a potential host state party with any information that party may require concerning the investment in question, for purposes of decision-making in relation to the investment or solely for statistical purposes, while the state party shall protect any confidential business information from any disclosure liable to prejudice the competitive position of the investor or the investment;

32.  Stresses the need for the future agreement to include provisions on the transparency and governance of state-run companies and sovereign wealth funds, based on the Santiago Principles, which were adopted under the auspices of the IMF and define the principles applicable to the governance and institutional structure of sovereign wealth funds and to the transparency of their investment strategies;

33.  Reiterates its call for an effective corporate social responsibility clause in line with the UN Guiding Principles on Business and Human Rights; affirms that investors should, respectively, apply the ILO Tripartite Declaration on Multinational Enterprises and Social Policy and the OECD Guidelines for Multinational Enterprises, as well as specific or sectoral international standards of responsible practice where these exist; calls for binding social and environmental clauses as part of a fully fledged sustainable development chapter that is subject to a dispute settlement mechanism; calls on both parties to implement a sustainable and inclusive investment strategy that includes a corporate social responsibility clause with concrete guidelines for investors, as well as an efficient assessment methodology for public authorities overseeing the resulting investments in terms of their social and environmental impact;

34.  Stresses that the agreement must oblige Chinese investors in the EU to comply with European social standards and social dialogue arrangements;

35.  Underlines the need for the EU-China bilateral investment agreement to deliver on both sustainable growth and job creation, and to foster synergies and positive spill-over effects with other regional trade and investment agreements to which the EU or China is a party;

36.  Calls on the Commission to complement its impact assessment by also assessing the impact of the EU-China investment agreement on human rights, as it has committed to do under the Strategic Framework and Action Plan on Human Rights and Democracy;

37.  Takes the view that the agreement must include a provision stating that all investors are obliged to comply fully with the law of the host party at the local, regional, national and, where applicable, supranational level, and that investors failing to respect the rule of law shall be subject to civil actions for liability in the judicial process of the relevant jurisdiction for any unlawful acts or decisions made in relation to the investment, in particular in cases where such acts or decisions lead to significant environmental damage, personal injuries or loss of life;

38.  Insists that the agreement should include a clause which prohibits the watering-down of social and environmental legislation in order to attract investment, and ensures that neither party may fail to effectively enforce the relevant legislation through a sustained or recurring course of action or inaction, as an encouragement for the establishment, acquisition, expansion or retention of an investment in its territory;

39.  Insists that the EU-China bilateral investment agreement must comply with the EU acquis, including the social and environmental legislation in force, and that neither party may fail to effectively enforce its legislation in these areas, so that all provisions of this agreement encourage the lawful establishment, acquisition, expansion or retention of an investment in the respective territory of both parties, and foster best entrepreneurial practices and business fair play;

40.  Insists on the need for the agreement to require compliance by foreign investors with EU data protection standards;

41.  Expresses its deep concern regarding the level of discretion of international arbitrators to make a broad interpretation of investor protection clauses, thereby leading to the ruling‑out of legitimate public regulations; demands that the arbitrators appointed by the parties in the context of a dispute be independent and impartial, and that the arbitration provided follow a code of conduct based on the rules adopted by the UN Commission on International Trade Law (UNCITRAL), on those of the International Centre for Settlement of Investment Disputes (ICSID) or on any other international agreements and standards recognised and agreed to by the parties;

42.  Considers that the agreement should include, as a key priority, effective state-to-state and investor-to-state dispute settlement mechanisms in order, on the one hand, to prevent frivolous claims from leading to unjustified arbitration, and, on the other, to ensure that all investors have access to a fair trial, followed by enforcement of all arbitration awards without delay;

43.  Takes the view that the agreement should provide for state-to-state dispute settlement procedures and for investor-state dispute settlement mechanisms that are set within a suitable legal framework and subject to strict transparency criteria;

44.  Calls for the EU and China jointly to establish an early-warning mechanism in order to give themselves a chance to solve proactively any incipient dispute on trade or investment at the earliest possible stage using all appropriate measures, including soft power and trade diplomacy;

45.  Considers also that the agreement should include provisions for out-of-court dispute settlement in order to foster swift, affordable and amicable dispute resolution between parties that freely decide to have recourse to it;

46.  Suggests that precise definitions of flexible dispute-settlement mechanisms such as mediation be provided in the agreement as regards, for example, the duration, cost and implementation of the solutions agreed by the parties;

47.  Expresses its view that, once concluded and fully ratified, an EU-China investment agreement would replace all existing bilateral investment agreements between individual EU Member States and China, in line with Union law;

48.  Recommends that negotiations be opened only on condition that formal approval has first been given by China’s State Council for market access to be included in the investment agreement;

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

(1) OJ C 264 E, 13.9.2013, p. 33.
(2) Texts adopted, P7_TA(2013)0097.
(3) OJ C 56 E, 26.2.2013, p. 87.
(4) OJ C 168 E, 14.6.2013, p. 1.
(5) OJ C 296 E, 2.10.2012, p. 34.
(6) OJ C 99 E, 3.4.2012, p. 101.
(7) OJ C 99 E, 3.4.2012, p. 31.
(8) OJ C 99 E, 3.4.2012, p. 94.
(9) OJ C 67 E, 18.3.2010, p. 101.
(10) Texts adopted of 12.6.2013, P7_TA(2013)0261 and 0262.


EU-Taiwan trade relations
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European Parliament resolution of 9 October 2013 on EU-Taiwan trade relations (2013/2675(RSP))
P7_TA(2013)0412B7-0435/2013

The European Parliament,

–  having regard to its resolution of 17 February 2011 on Europe 2020(1),

–  having regard to Article 3(5) of the Treaty on European Union and Article 7 of the Treaty on the Functioning of the European Union, which establish, respectively, that ‘in its relations with the wider world, the Union shall […] contribute to […] the strict observance and the development of international law’ and that ‘the Union shall ensure consistency between its policies and activities’,

–  having regard to its resolution of 11 May 2011 on the annual report from the Council to the European Parliament on the main aspects and basic choices of the Common Foreign and Security Policy (CFSP) in 2009(2),

–  having regard to its resolution of 12 September 2012 on the annual report from the Council to the European Parliament on the Common Foreign and Security Policy(3),

–  having regard to its resolution of 14 March 2013 on EU-China Relations(4),

–  having regard its resolution of 25 November 2010 on human rights and social and environmental standards in international trade agreements(5),

–  having regard to its resolution of 5 February 2009 on enhancing the role of European SMEs in international trade(6),

–  having regard to its resolution of 18 December 2008 on the impact of counterfeiting on international trade(7),

–  having regard to its resolution of 4 September 2008 on trade in services(8),

–  having regard to its resolution of 20 May 2008 on trade in raw materials and commodities(9),

–  having regard to its resolution of 19 February 2008 on the EU’s strategy to deliver market access for European companies(10),

–  having regard to its resolution of 22 May 2007 on Global Europe – external aspects of competitiveness(11),

–  having regard to its resolution of 7 July 2005 on relations between the EU, China and Taiwan and security in the Far East(12),

–  having regard the Communication from the Commission entitled ‘Trade, Growth and World Affairs – Trade Policy as a core component of the EU’s 2020 strategy’ (COM(2010)0612),

–  having regard to the Communication from the Commission entitled ‘Global Europe: competing in the world. A contribution to the EU’s Growth and Jobs Strategy’ (COM(2006)0567),

–  having regard to the Commission’s Trade and Investment Barriers Report 2013, published on 28 February 2013 (COM(2013)0103),

–  having regard to the question to the Commission on EU-Taiwan trade relations (O‑000093/2013 – B7‑0509/2013),

–  having regard to Rules 115(5) and 110(2) of its Rules of Procedure,

A.  whereas the rule-based multilateral trading system, established through the World Trade Organisation (WTO), is the most suitable framework to achieve open and fair trade worldwide; whereas it is essential, however, to understand that bilateral agreements are also part of the same common international affairs toolbox;

B.  whereas the EU remains fully committed to achieving a balanced and fair outcome for the Doha Development Agenda (DDA) as its preferred approach, and whereas progressing in parallel with bilateral trade agreements with other industrialised countries is also a valid option;

C.  whereas the total amount of bilateral trade between EU and Taiwan has increased more than twelvefold in the past two decades, exceeding EUR 40 billion in 2011;

D.  whereas Taiwan is the EU’s seventh largest trading partner in Asia and 23rd largest trading partner in the world;

E.  whereas in 2010 the EU accounted for 31,5 % of all foreign direct investment (FDI) flows and 21 % of FDI stocks in Taiwan, and was the largest foreign investor in the country;

F.  whereas the overall trade relationship between the EU and Taiwan is currently performing well below its potential;

G.  whereas open and fair trade is a powerful means of creating more growth and well‑being, building on the comparative advantages of each economy and the potential synergies flowing from greater economic integration and new inputs into knowledge-driven economies;

H.  whereas duties are already at generally low levels between the two trade partners; whereas the EU and Taiwan have a regular structured dialogue addressing trade and investment matters of common interest and concern; whereas, within this framework, four technical working groups have been set up to deal with IPR-, TBT- and SPS-related issues and the pharmaceutical sector;

I.  whereas, despite relatively low tariffs, bilateral trade volumes between the EU and Taiwan lag behind the bulk of the EU’s trade exchanges with its other main trading partners;

J.  whereas the ICT industry is a high-added-value sector and a source of growth in both the EU and Taiwan, especially with respect to further development of smart products and services;

K.  whereas the EU and Taiwan can further deepen their economic relations in a way that is genuinely of mutual benefit, also with a view to tackling common societal challenges;

L.  whereas Taiwan has been a full member of the World Trade Organisation (WTO) since 2002 and is also a full member of Asia-Pacific Economic Cooperation (APEC) and the Asian Development Bank;

M.  whereas Taiwan’s accession to the WTO Government Procurement Agreement (GPA) in July 2009 was a substantial and positive step, which will enable it not only to benefit from reciprocal opening-up of GPA markets but also to improve efficiencies on its home market;

N.  whereas Taiwan and the People’s Republic of China (PRC) have adopted a constructive approach contributing to the conclusion of 19 agreements signed between the Straits Exchange Foundation – for Taiwan – and the Association for Relations Across the Taiwan Straits – for the PRC; whereas these agreements include the Cross-Straits Economic Cooperation Framework Agreement (ECFA) and Intellectual Property Rights (IPR) Agreement signed on 29 June 2010 as well as Investment Agreement and Customs Cooperation Agreement signed on 9 August 2012;

O.  whereas other constructive alternatives have led Taiwan to conclude 31 Bilateral Investment Agreements (BIAs) with third countries, including with Japan on 22 September 2011, and an Economic Cooperation Agreement with New Zealand on 10 July 2013, to resume its talks on a Trade and Investment Framework Agreement (TIFA) with the United States on 10 March 2013, and to be currently negotiating an investment agreement with the Republic of Korea and a free trade agreement with Singapore (ASTEP);

P.  whereas the Taipei Economic and Cultural Representative Office in the United States and the American Institute in Taiwan have agreed on Joint Statements on Principles for International Investment and on ICT services; whereas, similarly, Taiwan has concluded comprehensive income tax agreements with 25 countries, including nine EU Member States;

Q.  whereas closer economic ties with Taiwan do not in any way contradict the EU’s ‘one China’ policy, given that China and Taiwan respectively joined the APEC in 1991 and acceded to the WTO in 2002;

1.  Considers that the multilateral trading system, embodied by the WTO, remains by far the most effective framework for achieving open and fair trade worldwide; believes that the EU and Taiwan should contribute to the advancement of multilateral trade negotiations;

2.  Considers that, while the EU is working on upgrading its economic relations with China, it should consider the possibility of doing the same with Taiwan in order to consistently pursue the path of giving support to Taiwan’s democratic system, social pluralism and good record in respecting human rights and the rule of law;

3.  Considers, therefore, that the EU should respond positively to Taiwan’s willingness to launch parallel negotiations for bilateral agreements on investment protection and market access in order to strengthen further the legal certainty of investments, and increase the volume and quality of investment flows;

4.  Believes that the decision to start such negotiations with Taiwan should be based on economic reasons, and should not be interlinked with an assessment of relations between the EU and the People’s Republic of China;

5.  Underlines the fact that Parliament is in favour of agreements on investment protection and market access with Taiwan, which would lead to deepening the existing economic relations between the EU and Taiwan;

6.  Considers that EU-Taiwan agreements on investment protection and market access have the true potential to lead to a win-win situation, which will be beneficial to both economies;

7.  Notes that any agreement should duly take into account SMEs and improve their ability to invest abroad;

8.  Recalls also that the EU and Taiwan already have a well integrated economic relationship, generally low customs duties on both sides and a well structured dialogue, involving regular meetings to solve bilateral trade and investment issues;

9.  Stresses that the agreement should include a strong commitment by the parties to sustainable and inclusive development in economic, social and environmental terms, with regard to investment;

10.  Stresses that investment agreements concluded by the EU must respect the capacity for public intervention, in particular when pursuing public policy objectives such as social and environmental standards, human rights, security, workers’ and consumers’ rights, public health and safety and cultural diversity; calls for specific clauses on these objectives to be included in the agreement;

11.  Recommends that, with regard to market access, both parties be allowed to exclude certain sectors from their liberalisation commitments in order to protect strategic national interests;

12.  Reiterates its call for an effective corporate social responsibility clause and effective social and environmental clauses;

13.  Stresses that the agreement must oblige foreign investors in the EU to abide by European social standards and social dialogue requirements;

14.  Calls on the Commission to start talks for such agreements between the EU and Taiwan;

15.  Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States, and the Taiwanese Government and Legislative Yuan.

(1) OJ C 188 E, 28.6.2012, p. 42.
(2) OJ C 377 E, 7.12.2012, p. 35.
(3) Texts adopted, P7_TA(2012)0334.
(4) Texts adopted, P7_TA(2013)0097.
(5) OJ C 99 E, 3.4.2012, p. 31.
(6) OJ C 67 E, 18.3.2010, p. 101.
(7) OJ C 45 E, 23.2.2010, p. 47.
(8) OJ C 295 E, 4.12.2009, p. 67.
(9) OJ C 279 E, 19.11.2009, p. 5.
(10) OJ C 184 E, 6.8.2009, p. 16.
(11) OJ C 102 E, 24.4.2008, p. 128.
(12) OJ C 157 E, 6.7.2006, p. 471.


Assessment of the effects of certain public and private projects on the environment ***I
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Amendments adopted by the European Parliament on 9 October 2013 on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/92/EU of the assessment of the effects of certain public and private projects on the environment (COM(2012)0628 – C7-0367/2012 – 2012/0297(COD))(1)
P7_TA(2013)0413A7-0277/2013

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital 1
(1)  Directive 2011/92/EU has harmonised the principles for the environmental assessment of projects by introducing minimum requirements (with regard to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public), and contributes to a high level of protection of the environment and human health.
(1)  Directive 2011/92/EU has harmonised the principles for the environmental assessment of projects by introducing minimum requirements (with regard to the type of projects subject to assessment, the main obligations of developers, the content of the assessment and the participation of the competent authorities and the public), and contributes to a high level of protection of the environment and human health. The Member States should be permitted to lay down more stringent rules to protect the environment and human health.
Amendment 2
Proposal for a directive
Recital 3
(3)  It is necessary to amend Directive 2011/92/EU in order to strengthen the quality of the environmental assessment procedure, streamline the various steps of the procedure and enhance coherence and synergies with other Union legislation and policies, as well as strategies and policies developed by Member States in areas of national competence.
(3)  It is necessary to amend Directive 2011/92/EU in order to strengthen the quality of the environmental assessment procedure, streamline the various steps of the procedure, align the procedure with the principles of smart regulation and enhance coherence and synergies with other Union legislation and policies, as well as strategies and policies developed by Member States in areas of national competence. The ultimate purpose of amending this Directive is to bring about more effective implementation at Member State level. In many cases administrative procedures became too complicated and protracted, causing delays and creating additional risks for the protection of the environment. In this respect, simplification and harmonisation of the proceedings should be one of the aims of this Directive. The suitability of creating a one-stop shop is to be taken into account with a view to allowing coordinated assessment or joint procedures when several environment impact assessments (EIAs) are required, for instance in cases of cross-border projects, as well as to defining more specific criteria for mandatory assessments.
Amendment 3
Proposal for a directive
Recital 3 a (new)
(3a)  In order to guarantee harmonised application and equal protection of the environment across the Union, the Commission should, in its role as the guardian of the Treaties, ensure qualitative as well as procedural compliance with the provisions of Directive 2011/92/EU, including those on public consultation and participation.
Amendment 4
Proposal for a directive
Recital 3 b (new)
(3b)  In the case of projects which could have cross-border effects on the environment, the Member States concerned should set up, on the basis of equal representation, a joint liaison body responsible for dealing with all the stages in the procedure. The consent of all the Member States concerned should be required for final authorisation of the project.
Amendment 5
Proposal for a directive
Recital 3 c (new)
(3c)  Directive 2011/92/EU should also be revised in a way that ensures that environmental protection is improved, resource efficiency increased and sustainable growth supported in Europe. To this end, the procedures it lays down should be simplified and harmonised.
Amendment 6
Proposal for a directive
Recital 4
(4)  Over the last decade, environmental issues, such as resource efficiency, biodiversity, climate change, and disaster risks, have become more important in policy making and should therefore also constitute critical elements in assessment and decision-making processes, especially for infrastructure projects.
(4)  Over the last decade, environmental issues, such as resource efficiency and sustainability, biodiversity protection, land use, climate change, and natural and man-made disaster risks, have become more important in policy making. They should therefore also constitute important elements in assessment and decision-making processes for any public or private project likely to have a significant impact on the environment, especially for infrastructure projects and, as the Commission has not established guidelines for the application of Directive 2011/92/EU on conservation of Historical and Cultural Heritage, the Commission should propose a list of criteria and indications , including in relation to visual impact, with a view to a better implementation of the Directive.
Amendment 7
Proposal for a directive
Recital 4 a (new)
(4a)  Stipulating that it is necessary to take greater account of environmental criteria in all projects could also prove counter-productive if it served to add to the complexity of the procedures involved and to lengthen the time needed to authorise and validate each stage. This could increase costs and even, in itself, come to pose a threat to the environment if infrastructure projects take a very long time to complete.
Amendment 8
Proposal for a directive
Recital 4 b (new)
(4b)  It is essential that environmental issues relating to infrastructure projects do not divert attention from the fact that any project will inevitably have an impact on the environment, and it is necessary that the focus be on the balance between the value of a project and its environmental impact.
Amendment 9
Proposal for a directive
Recital 5
(5)  In its Communication entitled ‘Roadmap to a Resource Efficient Europe’, the Commission committed itself to including broader resource efficiency considerations in the context of the revision of Directive 2011/92/EU.
(5)  In its Communication entitled ‘Roadmap to a Resource Efficient Europe’, the Commission committed itself to including broader resource efficiency and sustainability considerations in the context of the revision of Directive 2011/92/EU.
Amendment 10
Proposal for a directive
Recital 11
(11)  Protection and promotion of cultural heritage and landscapes, which are an integral part of the cultural diversity that the Union is committed to respect and promote in accordance with Article 167(4) of the Treaty on the Functioning of the European Union, can usefully build on definitions and principles developed in relevant Council of Europe Conventions, in particular the Convention for the Protection of the Architectural Heritage of Europe, the European Landscape Convention and the Framework Convention on the Value of Cultural Heritage for Society.
(11)  Protection and promotion of cultural heritage and landscapes, which are an integral part of the cultural diversity that the Union is committed to respect and promote in accordance with Article 167(4) of the Treaty on the Functioning of the European Union, can usefully build on definitions and principles developed in relevant Council of Europe Conventions, in particular the Convention for the Protection of the Architectural Heritage of Europe, the European Landscape Convention, the Framework Convention on the Value of Cultural Heritage for Society and the International Recommendation concerning the Safeguarding and Contemporary Role of Historic Areas adopted in Nairobi in 1976 by UNESCO.
Amendment 11
Proposal for a directive
Recital 11 a (new)
(11a)  Visual impact is a key criterion in environmental impact assessment in terms of the preservation of historical and cultural heritage, of natural landscapes and of urban areas; this is another factor that should be applied in assessments.
Amendment 12
Proposal for a directive
Recital 12
(12)  When applying Directive 2011/92/EU, it is necessary to ensure a competitive business environment, especially for small and medium enterprises, in order to generate smart, sustainable and inclusive growth, in line with the objectives set out in the Commission's Communication entitled ‘Europe 2020 – A strategy for smart, sustainable and inclusive growth’.
(12)  When applying Directive 2011/92/EU, it is necessary to ensure smart, sustainable and inclusive growth, in line with the objectives set out in the Commission's Communication entitled ‘Europe 2020 – A strategy for smart, sustainable and inclusive growth’.
Amendment 13
Proposal for a directive
Recital 12 a (new)
(12a)  With a view to strengthening public access and transparency, a central portal providing timely environmental information with regard to the implementation of this Directive electronically should be made available in each Member State.
Amendment 14
Proposal for a directive
Recital 12 b (new)
(12b)  In order to reduce the administrative burden, facilitate the decision‑making process and reduce project costs, the necessary steps should be taken towards standardisation of the criteria in line with Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation1, with the aim of being able to support the use of best available technologies (BAT), improve competitiveness and prevent standards from being interpreted differently.
_______________
1 OJ L 316, 14.11.2012, p.12.
Amendment 15
Proposal for a directive
Recital 12 c (new)
(12c)  Again with a view to further simplifying and facilitating the work of the competent administrations, guidance criteria should be drawn up that take into account the characteristics of the various sectors of economic or industrial activity. This should be based on the instructions under Article 6 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora1.
_______________
1 OJ L 206, 22.7.1992, p.7.
Amendment 16
Proposal for a directive
Recital 12 d (new)
(12d)  In order to ensure the best possible preservation of historical and cultural heritage, guidance criteria should be drawn up by the Commission and/or the Member States.
Amendment 17
Proposal for a directive
Recital 13
(13)  Experience has shown that in cases of civil emergency compliance with the provisions of Directive 2011/92/EU may have adverse effects, and provision should therefore be made to authorise Member States not to apply that Directive in appropriate cases.
(13)  Experience has shown that, as regards projects having as their sole purpose the response given to cases of civil emergency, compliance with the provisions of Directive 2011/92/EU may have adverse effects on that purpose, and provision should therefore be made to authorise Member States not to apply that Directive in those exceptional cases. In this respect, the Directive should take into account the provisions of the UN/ECE Espoo Convention on Environmental Impact Assessment in a Transboundary Context, which, in cases of cross-border projects, oblige the participating States to notify and consult each other. In such cross-border projects, the Commission should, where appropriate and possible, play a more pro-active and facilitating role.
Amendment 18
Proposal for a directive
Recital 13 a (new)
(13a)  Article 1(4) of Directive 2011/92/EU, which lays down that that Directive does not apply to projects adopted by a specific act of national legislation, provides for an open-door derogation with limited procedural guarantees and could substantially circumvent the implementation of that Directive.
Amendment 19
Proposal for a directive
Recital 13 b (new)
(13b)  Experience has shown that specific rules need to be introduced to avoid the conflict of interest that can arise between the developer of a project that is subject to environmental impact assessment and the competent authorities referred to in Article 1(2)(f) of Directive 2011/92/EU. In particular, the competent authorities should not also be the developer nor in any way be dependent on, linked to or subordinate to the developer. For the same reasons, an authority that has been designated as a competent authority under Directive 2011/92/EU should not be able to play that role in relation to projects that are subject to environmental impact assessment which the authority itself has commissioned.
Amendment 20
Proposal for a directive
Recital 13 c (new)
(13c)  Proportionality is to be taken into account in the environmental impact assessment of the projects. The requirements that are asked for in the environmental impact assessment of a project should be proportionate to its size and stage.
Amendment 21
Proposal for a directive
Recital 16
(16)  When determining whether significant environmental effects are likely to be caused, the competent authorities should identify the most relevant criteria to be considered and use the additional information that may be available following other assessments required by Union legislation in order to apply the screening procedure effectively. In this regard, it is appropriate to specify the content of the screening decision, in particular where no environmental assessment is required.
(16)  When determining whether significant environmental effects are likely to be caused, the competent authorities should define clearly and strictly the most relevant criteria to be considered and use the additional information that may be available following other assessments required by Union legislation in order to apply the screening procedure effectively and transparently. In this regard, it is appropriate to specify the content of the screening decision, in particular where no environmental assessment is required.
Amendment 22
Proposal for a directive
Recital 16 a (new)
(16a)  In order to avoid unnecessary efforts and expenditure, the projects under Annex II should include a statement of intent that never exceeds 30 pages and the projects' characteristics and information on the location of the project to be subject to screening, which should consist of an initial assessment of its viability. That screening should be public and reflect the factors set out in Article 3. It should show the significant direct and indirect effects of the project.
Amendment 23
Proposal for a directive
Recital 17
(17)  The competent authorities should be required to determine the scope and level of detail of the environmental information to be submitted in the form of an environmental report (scoping). In order to improve the quality of the assessment and streamline the decision-making process, it is important to specify at Union level the categories of information on which the competent authorities should make that determination.
(17)  The competent authorities should, when they deem it necessary or if the developer so requests, issue an opinion determining the scope and level of detail of the environmental information to be submitted in the form of an environmental report (scoping). In order to improve the quality of the assessment, to simplify the procedures and to streamline the decision-making process, it is important to specify at Union level the categories of information on which the competent authorities should make that determination.
Amendment 24
Proposal for a directive
Recital 18
(18)  The environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario), as a means to improve quality of the assessment process and to allow integrating environmental considerations at an early stage in the project’s design.
(18)  The environmental report of a project to be provided by the developer should include an assessment of reasonable alternatives relevant to the proposed project, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario), as a means to improve quality of the comparative assessment process and to allow integrating environmental considerations at an early stage in the project’s design, in order to enable the choice that is most sustainable and has the least environmental impact to be made.
Amendment 25
Proposal for a directive
Recital 19
(19)  Measures should be taken to ensure that the data and information included in the environmental reports, in accordance with Annex IV of Directive 2011/92/EU are complete and of sufficiently high quality. With a view to avoiding duplication of the assessment, Member States should take account of the fact that environmental assessments may be carried out at different levels or by different instruments.
(19)  Measures should be taken to ensure that the data and information included in the environmental reports, in accordance with Annex IV of Directive 2011/92/EU are complete and of sufficiently high quality.
Amendment 102
Proposal for a directive
Recital 19 a (new)
(19a)  It should be ensured that the persons who check the environmental reports have, due to their qualifications and experience, the necessary technical expertise to carry out the tasks set out in Directive 2011/92/EU in a scientifically objective manner and in total independence from the developer and the competent authorities themselves.
Amendment 27
Proposal for a directive
Recital 20
(20)  With a view to ensuring transparency and accountability, the competent authority should be required to substantiate its decision to grant development consent in respect of a project, indicating that it has taken into consideration the results of the consultations carried out and the relevant information gathered.
(20)  With a view to ensuring transparency and accountability, the competent authority should be required to substantiate comprehensively and in detail its decision to grant development consent in respect of a project, indicating that it has taken into consideration the results of the consultations carried out with the public concerned and all the relevant information gathered. Should that condition not be met, the public concerned should have the right to appeal against the decision.
Amendment 28
Proposal for a directive
Recital 21
(21)  It is appropriate to establish common minimum requirements for the monitoring of the significant adverse effects of the construction and operation of projects to ensure a common approach in all Member States and to ensure that, after the implementation of mitigation and compensation measures, no impacts exceed those initially predicted. Such monitoring should not duplicate or add to monitoring required pursuant to other Union legislation.
(21)  It is appropriate to establish common minimum requirements for the monitoring of the significant adverse effects of the implementation and management of projects to ensure a common approach in all Member States and to ensure that, after the implementation of mitigation and compensation measures, no impacts exceed those initially predicted. Such monitoring should not duplicate or add to monitoring required pursuant to other Union legislation. Where the outcome of the monitoring indicates the presence of unforeseen adverse effects, provision should be made for appropriate corrective action to remedy the problem, in the form of additional mitigation and/or compensation measures.
Amendment 29
Proposal for a directive
Recital 22
(22)  Time-frames for the various steps of the environmental assessment of projects should be introduced, in order to stimulate more efficient decision-making and increase legal certainty, also taking into account the nature, complexity, location and size of the proposed project. Such time-frames should under no circumstances compromise the high standards for the protection of the environment, particularly those resulting from other Union environmental legislation, and effective public participation and access to justice.
(22)  Reasonable and predictable time-frames for the various steps of the environmental assessment of projects should be introduced, in order to stimulate more efficient decision-making and increase legal certainty, also taking into account the nature, complexity, location and size of the proposed project. Such time-frames should under no circumstances compromise the high standards for the protection of the environment, particularly those resulting from other Union environmental legislation, and effective public participation and access to justice, and any extensions should be granted only in exceptional cases.
Amendment 30
Proposal for a directive
Recital 22 a (new)
(22a)  One of the objectives of the UN Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Århus Convention), which the Union has ratified and transposed into Union law1, is to ensure the right of the public to participate in decision‑making in environmental matters. Therefore, that participation, including participation by associations, organisations and groups, in particular non-governmental organisations promoting environmental protection, should continue to be fostered. Moreover, Article 9(2) and (4) of the Århus Convention provides for access to judicial or other procedures for challenging the substantive or procedural legality of decisions, acts or omissions involving public participation. Elements of this Directive should also be strengthened in cross-border transport projects, making use of existing structures for the development of transport corridors and of tools to identify the potential impact on the environment.
______________________
1 Council Decision 2005/370/EC of 17 February 2005 (OJ L 124, 17.5.2005, p. 1).
Amendment 31
Proposal for a directive
Recital 23 a (new)
(23a)  The production thresholds laid down for crude oil and natural gas in Annex I to Directive 2011/92/EU do not take into account the specificity of daily production levels of non-conventional hydrocarbons, which are often highly variable and lower. Accordingly, despite their environmental impact, projects concerning such hydrocarbons are not subject to compulsory environmental impact assessment. In accordance with the precautionary principle, as called for by the European Parliament resolution of 21 November 2012 on the environmental impacts of shale gas and shale oil extraction activities, it would be appropriate to include
non-conventional hydrocarbons (shale gas and oil, 'tight gas, 'coal bed methane'), defined according to their geological characteristics, in Annex I to Directive 2011/92/EU, regardless of the amount extracted, so that projects concerning such hydrocarbons are systematically made subject to environmental impact assessment.
Amendment 32
Proposal for a directive
Recital 24 a (new)
(24a)  Member States and other project promoters should ensure that assessments of cross border projects are carried out efficiently, avoiding unnecessary delays.
Amendment 33
Proposal for a directive
Recital 26
(26)  In order to adjust the selection criteria and the information to be provided in the environmental report to the latest developments in technology and relevant practices, the power to adopt acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, should be delegated to the Commission in respect of Annexes II.A, III and IV of Directive 2011/92/EU. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
(26)  In order to adjust the selection criteria and the information to be provided in the environmental report to the latest developments in technology and relevant practices, the power to adopt acts, in accordance with Article 290 of the Treaty on the Functioning of the European Union, should be delegated to the Commission in respect of Annexes II.A, III and IV of Directive 2011/92/EU. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
Amendment 34
Proposal for a directive
Recital 27
(27)  The Commission, when preparing and drawing up delegated acts, should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
deleted
Amendment 36
Proposal for a directive
Article 1 – point 1 – point a a (new)
Directive 2011/92/EU
Article 1 – paragraph 2 – point a – indent 2
(aa)  in point (a) of paragraph 2, the second indent is replaced by the following:
"- other interventions in the natural surroundings and landscape including those involving the research and extraction of mineral resources;"
Amendment 37
Proposal for a directive
Article 1 – point 1 – point a b (new)
Directive 2011/92/EU
Article 1 – paragraph 2 – point c
(ab)  point (c) of paragraph 2 is replaced by the following:
"(c) "development consent" means the decision of the competent authority or authorities which entitles the developer to start the project;"
Amendment 38
Proposal for a directive
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2
(b)  in paragraph 2, the following definition is added:
(b)  in paragraph 2, the following definitions are added:
Amendment 39
Proposal for a directive
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point g
(g)  "environmental impact assessment" shall mean the process of preparing an environmental report, carrying out consultations (including with the public concerned and the environmental authorities), the assessment by the competent authority, taking into account the environmental report and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with Articles 5 to 10.
(g)  "environmental impact assessment" shall mean the process of preparing an environmental report by the developer, carrying out the consultations (including with the public concerned and the environmental authorities), the assessment by the competent authority and/or by the authorities referred to in Article 6(1), taking into account the environmental report, including data concerning pollution from emissions, and the results of the consultations in the development consent procedure as well as the provision of information on the decision in accordance with Articles 5 to 10;
Amendment 41
Proposal for a directive
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point g b (new)
(gb)  "cross-border section" means the section which ensures the continuity of a project of common interest between the nearest urban nodes on both sides of the border of two Member States or between a Member State and a neighbouring country;
Amendment 42
Proposal for a directive
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point g c (new)
(gc)  "standard" means a technical specification, adopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory, and which is one of the following:
(i)  "international standard" means a standard adopted by an international standardisation body;
(ii)  "European standard" means a standard adopted by a European standardisation organisation;
(iii)  "harmonised standard" means a European standard adopted on the basis of a request made by the Commission for the application of Union harmonisation legislation;
(iv)  "national standard" means a standard adopted by a national standardisation body;
Amendment 43
Proposal for a directive
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point g d (new)
(gd)  "Urban historical sites" are part of a wider totality, comprising the natural and the built environment and the everyday living experience of their dwellers as well. Within this wider environment, enriched with values of remote or recent origin and permanently undergoing a dynamic process of successive transformations, new urban spaces may be considered as environmental evidence in their formative stages;
Amendment 44
Proposal for a directive
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point g e (new)
(ge)  "corrective action" means further mitigation and/or compensation measures that may be undertaken by the developer to redress unforeseen adverse effects or any net biodiversity loss identified by project implementation, such as may arise from deficiencies in mitigation of impacts arising from project construction or operation, for which development consent has already been granted;
Amendment 45
Proposal for a directive
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point g f (new)
(gf)  "Visual Impact Assessment": Visual impact is defined as a change in the appearance, or view, of the built or natural landscape and urban areas resulting from the development which can be positive (improvement) or negative (deterioration). Visual impact Assessment also covers the demolition of constructions that are protected or those with a strategic role in the traditional image of a place or a landscape. It shall cover obvious change to geological topography and any other obstacle such as buildings or walls that limit the view of nature as well as the landscape's harmony. Visual impact is assessed largely by qualitative judgements, involving human appreciation of, and interaction with, landscape and the value they give to a place (genius loci);
Amendment 46
Proposal for a directive
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point g g (new)
(gg)  "Joint Procedure": Under the Joint Procedure the competent authority shall issue one environmental impact assessment, integrating the assessments of one or more authorities without prejudice to other provisions of other relevant Union legislation;
Amendment 47
Proposal for a directive
Article 1 – point 1 – point b
Directive 2011/92/EU
Article 1 – paragraph 2 – point g h (new)
(gh)  "Simplification" means the reduction of forms and administrative procedures, the creation of joint procedures or coordination tools to integrate the assessments made by many authorities. It means to establish shared criteria, to make the submission of reports shorter and to strengthen objective and scientific evaluations.
Amendment 48
Proposal for a directive
Article 1 – point 1 – point c
Directive 2011/92/EU
Article 1 – paragraph 3
(c)  paragraphs 3 and 4 are replaced by the following:
(c)  paragraph 3 is replaced by the following:
3.  Member States may decide, on a case-by-case basis and if so provided under national law, not to apply this Directive to projects having as their sole purpose national defence or the response to civil emergencies, if they deem that such application would have an adverse effect on those purposes.
3.  Member States may decide, on a case-by-case basis and if so provided under national law, not to apply this Directive to projects having as their sole purpose national defence, if they deem that such application would have an adverse effect on those purposes.
Amendment 49
Proposal for a directive
Article 1 – point 1 – point c
Directive 2011/92/EU
Article 1 – paragraph 4
4.  This Directive shall not apply to projects the details of which are adopted by a specific act of national legislation, provided that the objectives of this Directive, including that of supplying information, are achieved through the legislative process. Every two years from the date specified in Article 2(1) of Directive XXX [OPOCE please introduce the n° of this Directive], Member States shall inform the Commission of any application which they have made of this provision.
deleted
Amendment 50
Proposal for a directive
Article 1 – point 1 – point c a (new)
Directive 2011/92/EU
Article 1 – paragraph 4 a (new)
(ca)  the following paragraph is added:
"4a. Member States shall designate the competent authority or authorities in such a way as to ensure their full independence in the performance of the duties assigned to them under this Directive. In particular, the competent authority or authorities shall be designated in such a way as to avoid any relationship of dependence, any links or subordination between them or their members and the developer. A competent authority may not perform its duties under this Directive in relation to a project which it has commissioned itself.".
Amendment 51
Proposal for a directive
Article 1 – point 1 a (new)
Directive 2011/92/EU
Article 2 – paragraph 1
(1a)  In Article 2, paragraph 1 is replaced by the following:
"1. Member States shall adopt all measures necessary to ensure that, before consent is given, projects likely to have significant effects on the environment by virtue, inter alia, of their nature, size or location are made subject to a requirement for development consent and an assessment with regard to their effects after having consulted the public. Measures to monitor significant adverse environmental effects and mitigation and compensation measures shall be taken, if appropriate, by the competent authority when development consent is given. Those projects are defined in Article 4.".
Amendment 52
Proposal for a directive
Article 1 – point 2
Directive 2011/92/EU
Article 2 – paragraph 3
3.  Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation.
3.  Projects for which the obligation to carry out assessments of the effects on the environment arises simultaneously from this Directive and other Union legislation shall be subject to coordinated or joint procedures fulfilling the requirements of the relevant Union legislation, except in cases where the Member States deem that the application of those procedures would be disproportionate.
Under the coordinated procedure, the competent authority shall coordinate the various individual assessments required by the Union legislation concerned and issued by several authorities, without prejudice to any provisions to the contrary contained in other relevant Union legislation.
For projects subject to the coordinated procedure, the competent authority shall coordinate the various individual assessments required by the Union legislation concerned and issued by the various authorities, without prejudice to other relevant Union legislation.
Under the joint procedure, the competent authority shall issue one environmental impact assessment, integrating the assessments of one or more authorities, without prejudice to any provisions to the contrary contained in other relevant Union legislation.
For projects subject to the joint procedure, the competent authority shall issue one environmental impact assessment, integrating the assessments of one or more authorities, without prejudice to other relevant Union legislation.
Member States shall appoint one authority, which shall be responsible for facilitating the development consent procedure for each project.
Member States may appoint one authority responsible for facilitating the development consent procedure for each project.
At the request of a Member State, the Commission shall provide the necessary assistance in order to define and implement the coordinated or joint procedures pursuant to this Article.
In all environmental impact assessments the developer shall demonstrate in the environmental report that they have had regard to any other Union legislation relevant to the proposed development for which individual assessments of environmental impact are required.
Amendment 53
Proposal for a directive
Article 1 – point 2 a (new)
Directive 2011/92/EU
Article 2 – paragraph 4
(2a)  In Article 2, paragraph 4 is replaced by the following:
"4. Without prejudice to Article 7, Member States may, in exceptional cases if so provided under national law, exempt a specific project having as its sole purpose the response to civil emergencies in whole or in part from the provisions laid down in this Directive, if such application would have an adverse effect on these purposes.
In that event, the Member States may inform and consult the public concerned and shall:
(a)  consider whether another form of assessment would be appropriate;
(b)  make available to the public concerned the information obtained under other forms of assessment referred to in point (a), the information relating to the decision granting exemption and the reasons for granting it;
(c)  inform the Commission, prior to granting consent, of the reasons justifying the exemption granted, and provide it with the information made available, where applicable, to their own nationals.
The Commission shall immediately forward the documents received to the other Member States.
The Commission shall report annually to the European Parliament and to the Council on the application of this paragraph.".
Amendment 54
Proposal for a directive
Article 1 – point 3
Directive 2011/92/EU
Article 3
Article 3
Article 3
The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case and in accordance with Articles 4 to 11, the direct and indirect significant effects of a project on the following factors:
The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case and in accordance with Articles 4 to 11, the direct and indirect significant effects of a project on the following factors:
(a)  population, human health, and biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC and Directive 2009/147/EC of the European Parliament and of the Council;
(a)  population, human health, and biodiversity including flora and fauna, with particular attention to species and habitats protected under Directives 92/43/EEC, 2000/60/EC and 2009/147/EC;
(b)  land, soil, water, air and climate change;
(b)  land, soil, water, air and climate;
(c)  material assets, cultural heritage and the landscape;
(c)  material assets, cultural heritage and the landscape;
(d)  the interaction between the factors referred to in points (a), (b) and (c);
(d)  the interaction between the factors referred to in points (a), (b) and (c);
(e)  exposure, vulnerability and resilience of the factors referred to in points (a), (b) and (c), to natural and man-made disaster risks.
(e)  exposure, vulnerability and resilience of the factors referred to in points (a), (b) and (c), to likely natural and man-made disaster risks.
Amendments 55 and 127/REV
Proposal for a directive
Article 1 – point 4
Directive 2011/92/EU
Article 4 - paragraphs 3, 4, 5 and 6
(4)  Article 4 is amended as follows:
(4)  Article 4 is amended as follows:
(a)  paragraphs 3 and 4 are replaced by the following:
(a)  paragraphs 3 and 4 are replaced by the following:
"3. For projects listed in Annex II, the developer shall provide information on the characteristics of the project, its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects. The detailed list of information to be provided is specified in Annex II.A.
"3. For projects listed in Annex II, and when it is considered of relevance by the Member State, the developer shall provide summary information on the characteristics of the project, its potential impact on the environment and the measures envisaged in order to avoid and reduce significant effects. The detailed list of information to be provided is specified in Annex II.A. The amount of information to be provided by the developer shall be kept to a minimum and limited to the key aspects that allow the competent authority to make its decision pursuant to paragraph 2.
4.  When a case-by-case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2, the competent authority shall take account of selection criteria related to the characteristics and location of the project and its potential impact on the environment. The detailed list of selection criteria to be used is specified in Annex III."
4.  When a case-by-case examination is carried out or thresholds or criteria are set for the purpose of paragraph 2, the competent authority shall take account of the relevant selection criteria related to the characteristics and location of the project and its potential impact on the environment. The detailed list of selection criteria is specified in Annex III."
(b)  The following paragraphs 5 and 6 are added:
(b)  The following paragraphs 5 and 6 are added:
"5. The competent authority shall make its decision pursuant to paragraph 2, on the basis of the information provided by the developer and taking into account, where relevant, the results of studies, preliminary verifications or assessments of the effects on the environment arising from other Union legislation. The decision pursuant to paragraph 2 shall:
"5. The competent authority shall make its decision pursuant to paragraph 2, on the basis of the information provided by the developer pursuant to paragraph 3 and taking into account, where relevant, the comments made by the public and the local authorities concerned, the results of studies, preliminary verifications or assessments of the effects on the environment arising from other Union legislation. The decision pursuant to paragraph 2 shall:
(a)  state how the criteria in Annex III have been taken into account;
(b)  include the reasons for requiring or not requiring an environmental impact assessment pursuant to Articles 5 to 10;
(b)  include the reasons for requiring or not requiring an environmental impact assessment pursuant to Articles 5 to 10, in particular with reference to the relevant criteria listed in Annex III;
(c)  include a description of the measures envisaged to avoid, prevent and reduce any significant effects on the environment, where it is decided that no environmental impact assessment needs to be carried out pursuant to Articles 5 to 10;
(c)  include a description of the measures envisaged to avoid, prevent and reduce any significant effects on the environment, where it is decided that no environmental impact assessment needs to be carried out pursuant to Articles 5 to 10;
(d)  be made available to the public.
(d)  be made available to the public.
6.  The competent authority shall make its decision pursuant to paragraph 2 within three months from the request for development consent and provided that the developer has submitted all the requisite information. Depending on the nature, complexity, location and size of the proposed project, the competent authority may extend that deadline by a further 3 months; in that case, the competent authority shall inform the developer of the reasons justifying the extension and of the date when its determination is expected.
6.  The competent authority shall make its decision pursuant to paragraph 2 within a period of time established by the Member State not exceeding 90 days from the request for development consent and provided that the developer has submitted all the requisite information pursuant to paragraph 3. Depending on the nature, complexity, location and size of the proposed project, the competent authority may exceptionally extend that deadline once by a further period of time established by the Member State not exceeding 60 days; in that case, the competent authority shall inform the developer in writing of the reasons justifying the extension and of the date when its determination is expected, making available to the public the information referred to in Article 6(2).
Where the project is made subject to an environmental impact assessment in accordance with Articles 5 to 10, the decision pursuant to paragraph 2 of this Article shall include the information set out in Article 5(2)."
Where the project is made subject to an environmental impact assessment in accordance with Articles 5 to 10, the decision pursuant to paragraph 2 of this Article shall include the opinion set out in Article 5(2), if such an opinion was requested in accordance with that Article."
Amendment 56
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 1
1.  Where an environmental impact assessment must be carried out in accordance with Articles 5 to 10, the developer shall prepare an environmental report. The environmental report shall be based on the determination pursuant to paragraph 2 of this Article and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project, taking into account current knowledge and methods of assessment, the characteristics, technical capacity and location of the project, the characteristics of the potential impact, alternatives to the proposed project and the extent to which certain matters (including the evaluation of alternatives) are more appropriately assessed at different levels including the planning level, or on the basis of other assessment requirements. The detailed list of information to be provided in the environmental report is specified in Annex IV.
1.  Where an environmental impact assessment must be carried out in accordance with Articles 5 to 10, the developer shall submit an environmental report. The environmental report shall be based on the opinion pursuant to paragraph 2 of this Article, if such an opinion was issued, and include the information that may reasonably be required for making informed decisions on the environmental impacts of the proposed project, taking into account current knowledge and methods of assessment, the characteristics, technical capacity and location of the project and the characteristics of the potential impact. The environmental report shall also include reasonable alternatives considered by the developer, which are relevant to the proposed project and its specific characteristics. The detailed list of information to be provided in the environmental report is specified in Annex IV. A non-technical summary of the information provided shall be included in the environmental report.
Amendment 57
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 2
2.  The competent authority, after having consulted the authorities referred to in Article 6(1) and the developer, shall determine the scope and level of detail of the information to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article. In particular, it shall determine:
2.  Where the developer so requests, the competent authority, after having consulted the authorities referred to in Article 6(1) and the developer, shall issue an opinion determining the scope and level of detail of the information to be included by the developer in the environmental report, in accordance with paragraph 1 of this Article, including in particular:
(a)  the decisions and opinions to be obtained;
(b)  the authorities and the public likely to be concerned;
(b)  the authorities and the public likely to be concerned;
(c)  the individual stages of the procedure and their duration;
(c)  the individual stages of the procedure and timeframes for their duration;
(d)  reasonable alternatives relevant to the proposed project and its specific characteristics;
(d)  reasonable alternatives that may be considered by the developer, which are relevant to the proposed project, its specific characteristics and its significant impacts on the environment;
(e)  the environmental features referred to in Article 3 likely to be significantly affected;
(f)  the information to be submitted relevant to the specific characteristics of a particular project or type of project;
(f)  the information to be submitted relevant to the specific characteristics of a particular project or type of project;
(g)  the information and knowledge available and obtained at other levels of decision-making or through other Union legislation, and the methods of assessment to be used.
(g)  the information and knowledge available and obtained at other levels of decision-making or through other Union legislation, and the methods of assessment to be used.
The competent authority may also seek assistance from accredited and technically competent experts referred to in paragraph 3 of this Article. Subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority.
The competent authority may also seek assistance from independent, qualified and technically competent experts referred to in paragraph 3 of this Article. Subsequent requests to the developer for additional information may only be made if these are justified by new circumstances and duly explained by the competent authority.
Amendment 106
Proposal for a directive
Article 1 – point 5
Directive 2011/92/EU
Article 5 – paragraph 3
3.  To guarantee the completeness and sufficient quality of the environmental reports referred to in Article 5(1):
3.  To guarantee the completeness and sufficient quality of the environmental reports referred to in Article 5(1):
(a)  the developer shall ensure that the environmental report is prepared by accredited and technically competent experts or
(a)  the developer shall ensure that the environmental report is prepared by competent experts; and
(b)  the competent authority shall ensure that the environmental report is verified by accredited and technically competent experts and/or committees of national experts.
(b)  the competent authority shall ensure that the environmental report is verified by competent experts and/or committees of national experts whose names shall be made public.
Where accredited and technically competent experts assisted the competent authority to prepare the determination referred to in Article 5(2), the same experts shall not be used by the developer for the preparation of the environmental report.
Where competent experts assisted the competent authority to prepare the determination referred to in Article 5(2), the same experts shall not be used by the developer for the preparation of the environmental report.
The detailed arrangements for the use and selection of accredited and technically competent experts (for example qualifications required, assignment of evaluation, licensing, and disqualification), shall be determined by the Member States.
The detailed arrangements for the use and selection of competent experts (for example qualifications and experience required, assignment of evaluation, licensing, and disqualification) shall be determined by the Member States.
The Authority that reviews the Environmental Impact Assessment is asked not to have any interest or relation with the file in order to avoid any conflict of interest.
Amendment 59
Proposal for a directive
Article 1 – point 5 a (new)
Directive 2011/92/EU
Article 5 a (new)
(5a)  The following Article is inserted:
"Article 5a
For cross-border projects, the Member States and neighbouring countries involved shall take all measures necessary to ensure that respective competent authorities cooperate in order to provide jointly for one integrated and coherent cross-border environmental impact assessment from an early planning stage, in accordance with applicable legislation on Union co-funding.
In the case of European transport network transport projects, the potential impact on the Natura 2000 network shall be identified using the Commission’s TENTec system and Natura 2000 software and possible alternatives."
Amendment 61
Proposal for a directive
Article 1 – point 6 – point -a (new)
Directive 2011/92/EU
Article 6 – paragraph 1
(-a)  paragraph 1 is replaced by the following:
"1. Member States shall take the measures necessary to ensure that the authorities likely to be concerned by the project by reason of their specific environmental responsibilities or local jurisdiction are given an opportunity to express their opinion on the information supplied by the developer and on the request for development consent. To that end, Member States shall designate the authorities to be consulted, either in general terms or on a case-by-case basis. The information gathered pursuant to Article 5 shall be forwarded to those authorities. Detailed arrangements for consultation shall be laid down by the Member States.";
Amendment 107
Proposal for a directive
Article 1 – point 6 – point -a a (new)
Directive 2011/92/EU
Article 6 – paragraph 2
(-aa)  paragraph 2 is replaced by the following:
"2. The public shall be informed through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information*, by public notices and other appropriate means such as electronic media, early in the environmental decision-making procedures referred to in Article 2(2) and, at the latest, as soon as information can reasonably be provided."
Amendment 63
Proposal for a directive
Article 1 – point 6 – point -a b (new)
Directive 2011/92/EU
Article 6 – paragraph 3
(-ab)  paragraph 3 is replaced by the following:
"3. Member States shall ensure that, within reasonable time-frames, the following is made available at least through a central portal which is accessible to the public electronically:
(a)  any information gathered pursuant to Article 5;
(b)  in accordance with national legislation, the main reports and advice issued to the competent authority or authorities at the time when the public concerned is informed in accordance with paragraph 2 of this Article;
(c)  in accordance with the provisions of Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information, information other than that referred to in paragraph 2 of this Article which is relevant for the decision in accordance with Article 8 of this Directive and which only becomes available after the time the public concerned was informed in accordance with paragraph 2 of this Article.";
Amendment 108
Proposal for a directive
Article 1 – point 6 – point -a c (new)
Directive 2011/92/EU
Article 6 – paragraph 5
(-ac)  paragraph 5 is replaced by the following:
"5. The detailed arrangements for informing the public [...] and for consulting the public concerned [...] shall be determined by the Member States. Member States shall take the necessary measures to ensure that the relevant information is provided through a central portal which is accessible to the public electronically in accordance with Article 7(1) of Directive 2003/4/EC.":
Amendment 65
Proposal for a directive
Article 1 – point 6 – point b
Directive 2011/92/EU
Article 6 – paragraph 7
7.  The time-frames for consulting the public concerned on the environmental report referred to in Article 5(1) shall not be shorter than 30 days or longer than 60 days. In exceptional cases, where the nature, complexity, location or size of the proposed project so require, the competent authority may extend this time-frame by a further 30 days; in that case, the competent authority shall inform the developer of the reasons justifying the extension.
7.  The time-frames for consulting the public concerned on the environmental report referred to in Article 5(1) shall not be shorter than 30 days or longer than 60 days. In exceptional cases, where the nature, complexity, location or size of the proposed project so require, the competent authority may extend this time-frame by up to 30 days; in that case, the competent authority shall inform the developer of the reasons justifying the extension..
Amendment 66
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b a (new)
Directive 2011/92/EU
Article 6 – paragraph 7 a (new)
(ba)  the following paragraph is added:
"7a. In order to ensure the effective participation of the public concerned in the decision-making procedures, Member States shall ensure that contact information of and easy and quick access to the authority or authorities responsible for performing the duties arising from this Directive be available to the public at any time and regardless of any ongoing specific project subject to an environmental impact assessment, and that due attention is paid to the comments made and opinions expressed by the public.".
Amendment 67
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Directive 2011/92/EU
Article 7 – paragraph 5 a (new)
(7a)  In Article 7, the following paragraph is added:
"5a. In the case of cross-border projects of common interest in the field of transport included in one of the corridors set out in Annex I of the Regulation...+ establishing the Connecting Europe Facility, Member States shall be involved in coordinating the work of the public consultations. The coordinator shall ensure that an extensive public consultation process takes place with all stakeholders and civil society during the planning of new infrastructure. In any event, the coordinator may propose ways of developing the corridor plan and implementing it in a balanced manner.".
________________
+ Number, date and title of the Regulation establishing the Connecting Europe Facility (2011/0302(COD)).
Amendments 109, 93 and 130
Proposal for a directive
Article 1 – point 8
Directive 2011/92/EU
Article 8
1.  The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 shall be taken into consideration in the development consent procedure. To this end, the decision to grant development consent shall contain the following information:
1.  The results of consultations and the information gathered pursuant to Articles 5, 6 and 7 shall be given due account and assessed in detail in the development consent procedure. When a decision to grant or refuse development consent has been taken, the competent authority or authorities shall inform the public thereof in accordance with the appropriate procedures and shall make available to the public the following information:
(a)  the environmental assessment of the competent authority referred to in Article 3 and the environmental conditions attached to the decision, including a description of the main measures to avoid, reduce and, if possible, offset significant adverse effects;
(a)  the results of the environmental assessment of the competent authority referred to in Article 3, including a summary of the observations and opinions received pursuant to Articles 6 and 7, and the environmental conditions attached to the decision, including a description of the main measures to avoid, reduce and, if possible, offset significant adverse effects;
(b)  the main reasons for choosing the project as adopted, in the light of the other alternatives considered, including the likely evolution of the existing state of the environment without implementation of the project (baseline scenario);
(b)   an outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects;
(c)  a summary of the comments received pursuant to Articles 6 and 7;
(d)  a statement summarising how environmental considerations have been integrated into the development consent and how the results of the consultations and the information gathered pursuant to Articles 5, 6 and 7 have been incorporated or otherwise addressed.
(d)  a statement summarising how environmental considerations have been integrated into the development consent and how the environmental report and the results of the consultations and the information gathered pursuant to Articles 5, 6 and 7 have been incorporated or otherwise addressed.
For projects likely to have significant adverse transboundary effects, the competent authority shall provide information for not having taken into account comments received by the affected Member State during the consultations carried out pursuant to Article 7.
For projects likely to have significant adverse transboundary effects, the competent authority shall provide information for not having taken into account comments received by the affected Member State during the consultations carried out pursuant to Article 7.
2.   If the consultations and the information gathered pursuant to Articles 5, 6 and 7 conclude that a project will have significant adverse environmental effects, the competent authority, as early as possible and in close cooperation with the authorities referred to in Article 6(1) and the developer, shall consider whether the environmental report referred to in Article 5(1) should be revised and the project modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed.
2.  The competent authority, as early as possible and after having consulted the authorities referred to in Article 6(1) and the developer, shall consider whether to refuse development consent or whether the environmental report referred to in Article 5(1) should be revised and the project modified to avoid or reduce these adverse effects and whether additional mitigation or compensation measures are needed on the basis of the relevant legislation.
If the competent authority decides to grant development consent, it shall ensure that the development consent includes measures to monitor the significant adverse environmental effects, in order to assess the implementation and the expected effectiveness of mitigation and compensation measures, and to identify any unforeseeable adverse effects.
If the competent authority decides to grant development consent, it shall, on the basis of the relevant legislation, ensure that the development consent includes measures to monitor the significant adverse environmental effects.
The type of parameters to be monitored and the duration of the monitoring shall be proportionate to the nature, location and size of the proposed project and the significance of its environmental effects.
Existing monitoring arrangements resulting from other Union legislation may be used if appropriate.
3.  When all necessary information gathered pursuant to Articles 5, 6 and 7 has been provided to the competent authority, including, where relevant, specific assessments required under other Union legislation, and the consultations referred to in Articles 6 and 7 have been completed, the competent authority shall conclude its environmental impact assessment of the project within three months.
3.  When all necessary information gathered pursuant to Articles 5, 6 and 7 has been provided to the competent authority, including, where relevant, specific assessments required under other Union legislation, and the consultations referred to in Articles 6 and 7 have been completed, the competent authority shall conclude its environmental impact assessment of the project within a period of time established by the Member State not exceeding 90 days.
Depending on the nature, complexity, location and size of the proposed project, the competent authority may extend that deadline by a further 3 months; in that case, the competent authority shall inform the developer of the reasons justifying the extension and of the date when its decision is expected.
Depending on the nature, complexity, location and size of the proposed project, the competent authority may, exceptionally, extend that deadline by a further period of time established by the Member State not exceeding 90 days; in that case, the competent authority shall inform the developer, in writing, of the reasons justifying the extension and of the date when its decision is expected.
4.  Before a decision to grant or refuse development consent is taken, the competent authority shall verify whether the information in the environmental report referred to in Article 5(1) is up to date, in particular concerning the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects.
4a.  The decision to grant development consent may also be taken by adopting a specific act of national legislation, provided that the competent authority has carried out all elements of the environmental impact assessment in accordance with the provisions of this Directive.
__________
* OJ L 312, 22.11.2008, p. 3
Amendment 69
Proposal for a directive
Article 1 – point 9 – point a
Directive 2011/92/EU
Article 9 – paragraph 1
1.  When a decision to grant or refuse development consent has been taken, the competent authority or authorities shall inform the public and the authorities referred to in Article 6(1) thereof, in accordance with the appropriate procedures, and shall make available to the public the following information:
1.  When a decision to grant or refuse development consent, or other decision issued for the purpose of fulfilling the requirements of this Directive, has been taken, the competent authority or authorities shall inform the public and the authorities referred to in Article 6(1) thereof as soon as possible, in accordance with the national procedures, and at the latest within 10 working days. The competent authority or authorities shall make the decision available to the public and to the authorities referred to in Article 6(1) in accordance with Directive 2003/4/EC.
(a)  the content of the decision and any conditions attached thereto;
(b)  having examined the environmental report and the concerns and opinions expressed by the public concerned, the main reasons and considerations on which the decision is based, including information about the public participation process;
(c)  a description of the main measures to avoid, reduce and, if possible, offset the significant adverse effects;
(d)  a description, where appropriate, of the monitoring measures referred to in Article 8(2).
Amendment 120
Proposal for a directive
Article 1 – point 9 a (new)
Directive 2011/92/EU
Article 9 a (new)
(9a)  The following article is added after Article 9:
"Article 9a
Member States shall ensure that the competent authority or authorities, when performing the duties arising from this Directive, do not find themselves in a conflict of interest pursuant to any legislation binding upon them."
Amendment 72
Proposal for a directive
Article 1 – point 9 b (new)
Directive 2011/92/EU
Article 10 – paragraph 1
(9b)  In Article 10 paragraph 1 is replaced by the following:
"The provisions of this Directive shall not affect the obligation on the competent authorities to respect the limitations imposed by national laws, regulations and administrative provisions, and accepted legal practices with regard to commercial and industrial confidentiality, including intellectual property, and the safeguarding of the public interest, provided that they comply with Directive 2003/4/EC.".
Amendment 73
Proposal for a directive
Article 1 – point 9 c (new)
Directive 2011/92/EU
Article 10 a (new)
(9c)  The following Article is inserted:
"Article 10a
Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.".
Amendment 75
Proposal for a directive
Article 1 – point 9 d (new)
Directive 2011/92/EU
Article 11 – paragraph 4 – subparagraph 2
(9d)  In Article 11, the second subparagraph of paragraph 4 is replaced by the following:
"Any such procedure shall be adequate and effective, allow for applications for injunctive relief, and be fair, equitable, timely and not prohibitively expensive."
Amendment 76
Proposal for a directive
Article 1 – point 11
Directive 2011/92/EU
Article 12 b – paragraph 5 a (new)
5a.  Where, owing to the specific characteristics of given sectors of economic activity, this is deemed appropriate in the interests of a correct environmental impact assessment, the Commission shall, in conjunction with the Member States and the sector concerned, draw up sector‑specific guidelines and criteria to be followed in such a way that simplifies, and facilitates standardisation of, the environmental impact assessment.
Amendment 77
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [DATE] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a document explaining the relationship between them and this Directive.
1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ...+ at the latest. They shall forthwith communicate to the Commission the text of those provisions and a document explaining the relationship between them and this Directive.
+ 24 months from the entry into force of this Directive.
Amendment 110
Proposal for a directive
Article 3
Projects for which the request for development consent was introduced before the date referred to in the first subparagraph of Article 2(1) and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in Articles 3 to 11 of Directive 2011/92/EU as amended by this Directive.
Projects for which the request for development consent was introduced before the date referred to in the first subparagraph of Article 2(1) and for which the environmental impact assessment has not been concluded before that date shall be subject to the obligations referred to in Articles 3 to 11 of Directive 2011/92/EU as amended by this Directive, if the developer requests to continue the environmental impact assessment for his project in accordance with the amended provisions.
Amendments 79, 112 and 126
Proposal for a directive
Annex – point -1 (new)
Directive 2011/92/EU
Annex I
(-1) Annex I is amended as follows:
(a)  the title is replaced by the following:
"PROJECTS REFERRED TO IN ARTICLE 4(1) (PROJECTS SUBJECT TO MANDATORY ENVIRONMENTAL IMPACT ASSESSMENT)"
(b)  the following point is inserted:
"4a. Open-cast mining and similar open-air extractive industries."
(c)  in point 7, point (a) is replaced by the following:
‘(a) construction of lines for long-distance railway traffic and of airports [...];’
(d)  the following points are inserted:
“14a. Exploration, limited to the phase involving the application of hydraulic fracturing, and extraction of crude oil and/or natural gas trapped in gas-bearing strata of shale or in other sedimentary rock formations of equal or lesser permeability and porosity, regardless of the amount extracted.
14b.  Exploration, limited to the phase involving the application of hydraulic fracturing, and extraction of natural gas from coal beds, regardless of the amount extracted.
(e)  point 19 is replaced by the following:
"19. Quarries and open-cast mining where the surface of the site exceeds 25 hectares, gold mines which use processes involving cyanide ponds, or peat extraction, where the surface of the site exceeds 150 hectares."
(f)  the following point is added:
"24a. Theme parks and golf courses planned for areas of water shortage or at high risk of desertification or drought.”
Amendment 80
Proposal for a directive
Annex – point -1 a (new)
Directive 2011/92/EU
Annex II
(-1a) Annex II is amended as follows:
(a)  the title is replaced by the following:
"PROJECTS REFERRED TO IN ARTICLE 4(2) (PROJECTS SUBJECT TO ENVIRONMENTAL IMPACT ASSESSMENT AT THE DISCRETION OF THE MEMBER STATES)";
(b)  the following point is inserted in paragraph 1:
"(fa) Wild capture fishing activities;";
(c)  point (c) of paragraph 2 is replaced by the following:
"(c) Research and exploration of minerals and extraction of minerals by marine or fluvial dredging;";
(d)  point (d) of paragraph 10 is deleted.
(e)  the following point is inserted in paragraph 13:
"(aa) Any demolition of projects listed in Annex I or this Annex, which may have significant adverse effects on the environment.".
Amendment 81
Proposal for a directive
Annex – point 1
Directive 2011/92/EU
Annex II.A
ANNEX II.A – INFORMATION REFERRED TO IN ARTICLE 4(3)
ANNEX II.A – INFORMATION REFERRED TO IN ARTICLE 4(3) (SUMMARY INFORMATION PROVIDED BY THE DEVELOPER ON THE PROJECTS LISTED IN ANNEX II)
1.  A description of the project, including in particular:
1.  A description of the project, including:
(a)  a description of the physical characteristics of the whole project, including, where relevant, its subsurface, during the construction and operational phases;
(a)  a description of the physical characteristics of the whole project, including, where relevant, its subsurface and underground, during the construction, operational and demolition phases;
(b)  a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected.
(b)  a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected.
2.  A description of the aspects of the environment likely to be significantly affected by the proposed project.
2.  A description of the aspects of the environment likely to be significantly affected by the proposed project.
3.  A description of the likely significant effects of the proposed project on the environment resulting from:
3.  A description of the likely significant effects of the proposed project on the environment, including risks to the health of the population concerned and the effects on the landscape and cultural heritage, resulting from:
(a)  the expected residues and emissions and the production of waste;
(a)  the expected residues and emissions and the production of waste where relevant;
(b)  the use of natural resources, in particular soil, land, water, and biodiversity, including hydromorphological changes.
(b)  the use of natural resources, in particular soil, land, water, and biodiversity (including hydromorphological changes).
4.  A description of the measures envisaged to avoid, prevent or reduce any significant adverse effects on the environment.
4.  A description of the measures envisaged to avoid, prevent or reduce the significant adverse effects on the environment, in particular when they are considered irreversible.
Amendment 124
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex III – point 2 – - point c - point ii
(ii)  coastal zones;
(ii)  coastal zones and marine environment;
Amendments 83 and 129/REV
Proposal for a directive
Annex – point 2
Directive 2011/92/EU
Annex IV
ANNEX IV – INFORMATION REFERRED TO IN ARTICLE 5(1)
ANNEX IV – INFORMATION REFERRED TO IN ARTICLE 5(1) (INFORMATION TO BE PROVIDED BY THE DEVELOPER IN THE ENVIRONMENTAL REPORT)
1.  Description of the project, including in particular:
1.  Description of the project including in particular:
(-a)  a description of the location of the project;
(a)  a description of the physical characteristics of the whole project, including, where relevant, its subsurface, and the water use and land-use requirements during the construction and operational phases;
(a)  a description of the physical characteristics of the whole project, including, where relevant, its subsurface, and the water use and land-use requirements during the construction, operational and where relevant demolition phases;
(aa)  a description of the energy costs, the costs of recycling waste caused by demolition, the consumption of additional natural resources when a demolition project is undertaken;
(b)  a description of the main characteristics of the production processes, for instance, nature and quantity of the materials, energy and natural resources (including water, land, soil and biodiversity) used;
(b)  a description of the main characteristics of the production processes, for instance, nature and quantity of the materials, energy and natural resources (including water, land, soil and biodiversity) used;
(c)  an estimate, by type and quantity, of expected residues and emissions (water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed project.
(c)  an estimate, by type and quantity, of expected residues and emissions (water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed project.
2.  A description, of the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the alternatives considered, including the identification of the least environmentally impacting one, and an indication of the main reasons for the choice made, taking into account the environmental effects.
2.  A description, of the technical, locational or other aspects (e.g. in terms of project design, technical capacity, size and scale) of the reasonable alternatives considered by the developer, which are relevant to the proposed project and its specific characteristics and an indication of the main reasons for the choice made.
3.  A description of the relevant aspects of the existing state of the environment and the likely evolution thereof without implementation of the project (baseline scenario). This description should cover any existing environmental problems relevant to the project, including, in particular, those relating to any areas of a particular environmental importance and the use of natural resources.
3.  A description of the relevant aspects of the current state of the environment (baseline scenario) and the likely evolution thereof without implementation of the project, where the natural or social changes from the baseline scenario can be reasonably predicted. This description should cover any existing environmental problems relevant to the project, including, in particular, those relating to any areas of a particular environmental importance and the use of natural resources.
4.  A description of the aspects of the environment likely to be significantly affected by the proposed project, including, in particular, population, human health, fauna, flora, biodiversity and the ecosystem services it provides, land (land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air, climatic factors, climate change (greenhouse gas emissions, including from land use, land use change and forestry, mitigation potential, impacts relevant to adaptation, if the project takes into account risks associated with climate change), material assets, cultural heritage, including architectural and archaeological ones, landscape; such a description should include the inter-relationship between the above factors, as well as the exposure, vulnerability and resilience of the above factors to natural and man-made disaster risks.
4.  A description of the factors of the environment likely to be significantly affected by the proposed project, including, in particular, population, human health, fauna, flora, biodiversity through its fauna and flora, land (land take), soil (organic matter, erosion, compaction, sealing), water (quantity and quality), air, climatic factors, climate (greenhouse gas emissions, including from land use, land use change and forestry, mitigation potential, impacts relevant to adaptation, if the project takes into account risks associated with climate change), material assets, cultural heritage, including architectural and archaeological ones, landscape; such a description should include the inter-relationship between the above factors, as well as the exposure, vulnerability and resilience of the above factors to natural and man-made disaster risks.
5.  A description of the likely significant effects of the proposed project on the environment resulting from, inter alia:
5.  A description of the likely significant effects of the proposed project on the environment resulting from, inter alia:
(a)  the existence of the project;
(a)  the existence of the project;
(b)  the use of natural resources, in particular land, soil, water, biodiversity and the ecosystem services it provides, considering as far possible the availability of these resources also in the light of changing climatic conditions;
(b)  the use of natural resources, in particular land, soil, water, biodiversity including flora and fauna;
(c)  the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the elimination of waste;
(c)  the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the elimination of waste;
(d)  the risks to human health, cultural heritage or the environment (e.g. due to accidents or disasters);
(d)  the risks to human health, cultural heritage or the environment (e.g. due to accidents or disasters) reasonably regarded as characteristic to the nature of the project;
(e)  the cumulation of effects with other projects and activities;
(e)  the cumulation of effects with other existing and/or approved projects and activities, to the extent situated in the geographical area likely to be affected and not yet constructed or operational, without being obliged to take other information than existing or publicly available information into account;
(f)  the greenhouse gas emissions, including from land use, land use change and forestry;
(f)  the greenhouse gas emissions, including from land use, land use change and forestry;
(g)  the technologies and the substances used;
(g)  the technologies and the substances used;
(h)  hydromorphological changes.
(h)  hydromorphological changes.
The description of the likely significant effects should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-, medium- and long-term, permanent and temporary, positive and negative effects of the project. This description should take into account the environmental protection objectives established at EU or Member State level which are relevant to the project.
The description of the likely significant effects should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-, medium- and long-term, permanent and temporary, positive and negative effects of the project. This description should take into account the environmental protection objectives established at Union or Member State level which are relevant to the project.
6.  The description of the forecasting methods used to assess the effects on the environment referred to in point 5, as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative.
6.  The description of the forecasting methods used to assess the effects on the environment referred to in point 5, as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative.
7.  A description of the measures envisaged to prevent, reduce and, where possible, offset any significant adverse effects on the environment referred to in point 5 and, where appropriate, of any proposed monitoring arrangements, including the preparation of a post-project analysis of the adverse effects on the environment. This description should explain the extent to which significant adverse effects are reduced or offset and should cover both the construction and operational phases.
7.  A description of the measures envisaged to, as a priority, prevent and reduce and, as a last resort, offset any significant adverse effects on the environment referred to in point 5 and, where appropriate, of any proposed monitoring arrangements, including the preparation of a post-project analysis of the adverse effects on the environment. This description should explain the extent to which significant adverse effects are prevented, reduced or offset and should cover both the construction and operational phases.
8.  An assessment of the natural and man-made disaster risks and risk of accidents to which the project could be vulnerable and, where appropriate, a description of the measures envisaged to prevent such risks, as well as measures regarding preparedness for and response to emergencies (e.g. measures required under Directive 96/82/EC as amended).
8.  An assessment of the likely natural and man-made disaster risks and risk of accidents to which the project could be vulnerable and, where appropriate, a description of the measures envisaged to prevent such risks, as well as measures regarding preparedness for and response to emergencies (e.g. measures required under Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, or requirements arising from other Union legislation or international conventions).
9.  A non-technical summary of the information provided under the above headings.
9.  A non-technical summary of the information provided under the above headings.
10.  An indication of any difficulties (technical deficiencies or lack of knowhow) encountered by the developer in compiling the required information and of the sources used for the descriptions and assessments made, as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative.
10.  An indication of any difficulties (technical deficiencies or lack of knowhow) encountered by the developer in compiling the required information and of the sources used for the descriptions and assessments made, as well as an account of the main uncertainties involved and their influence on the effect estimates and selection of the preferred alternative.

(1) The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0277/2013).


EU and Member State measures to tackle the flow of refugees as a result of the conflict in Syria
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European Parliament resolution of 9 October 2013 on EU and Member State measures to tackle the flow of refugees as a result of the conflict in Syria (2013/2837(RSP))
P7_TA(2013)0414B7-0442/2013

The European Parliament,

–  having regard to its previous resolutions on Syria, in particular those of 16 February 2012(1), 13 September 2012(2), 23 May 2013(3) and 12 September 2013(4), and on refugees fleeing armed conflict,

–  having regard to the Foreign Affairs Council conclusions on Syria of 23 January, 18 February, 11 March, 22 April, 27 May, 24 June, 9 July and 22 July 2013; having regard to the European Council conclusions on Syria of 8 February 2013,

–  having regard to the statements by the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR), Catherine Ashton, of 21 August 2013 on the latest reports of use of chemical weapons in Damascus, of 23 August 2013 on the high urgency of a political solution to the Syrian conflict (reflecting the agreed position of the EU on Syria of 7 September 2013), of 10 September 2013 on the proposal to place Syria’s chemical weapons under international control, and of 14 September 2013 following the US-Russian agreement on chemical weapons in Syria, as well as to the statements made by the VP/HR during Parliament’s plenary debate in Strasbourg on 11 September 2013,

–  having regard to the statements made by the Commissioner for International Cooperation, Humanitarian Aid and Crisis Response, Kristalina Georgieva, on Syrian refugees and the EU’s response, in particular her statement of 3 September 2013 on the latest figure regarding refugees fleeing from the Syrian crisis, and to the ECHO (Humanitarian Aid and Civil Protection) situation reports and factsheets on Syria,

–  having regard to the remarks made by the UN High Commissioner for Refugees, António Guterres, at the Informal Meeting of the Justice and Home Affairs Council in Vilnius, on 18 July 2013(5),

–  having regard to the Security Council briefings on Syria issued by the Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Valerie Amos, in particular that of 18 April 2013,

–  having regard to the joint statement of the Ministerial Meeting of Syria Bordering Countries organised by the UN High Commissioner for Refugees on 4 September 2013,

–  having regard to the UN Human Rights Council resolutions on Syria,

–  having regard to the Convention for the Protection of Human Rights and Fundamental Freedoms,

–  having regard to the Universal Declaration of Human Rights of 1948,

–  having regard to the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of the Child and the Optional Protocol thereto on the Involvement of Children in Armed Conflict, and the Convention on the Prevention and Punishment of the Crime of Genocide, to all of which Syria is a party,

–  having regard to Articles 78, 79 and 80 of the Treaty on the Functioning of the European Union,

–  having regard to the Geneva Conventions of 1949 and the additional protocols thereto,

–  having regard to Rule 110(2) of its Rules of Procedure,

A.  whereas up to 20 September 2013 the Office of the UN High Commissioner for Refugees (UNHCR) had registered a total of 1 929 227 Syrian refugees in neighbouring countries and in North Africa; whereas the total number of refugees, including those unregistered, is estimated at 2 102 582; whereas according to the same sources 76 % of the Syrian refugee population are women and children; whereas 410 000 Syrian refugee children are of primary school age (between 5 and 11); whereas according to the UN Office for the Coordination of Humanitarian Affairs (OCHA) the number of internally displaced persons (IDPs) as at 9 September 2013 was 4,25 million;

B.  whereas according to the UNHCR the number of refugees (including those awaiting registration) present in receiving countries as at 20 September 2013 was as follows: Turkey, 492 687; Lebanon, 748 608; Jordan, 531 768; Iraq, 190 857; Egypt, 124 373; Morocco, Algeria and Libya, 14 289 (registered); whereas thousands of Syrians are fleeing on a daily basis to neighbouring countries and the UN Syria Regional Response Plan is projecting a total of 3,5 million refugees from Syria by the end of 2013;

C.  whereas asylum claims in the EU from Syrians have continued to increase in 2013, with a total of 52 037 asylum claims having been made since the beginning of the conflict in 2011 in the EU and its closest neighbours (Switzerland and Norway);

D.  whereas, within the EU-28, Germany (14 842) and Sweden (14 083) have received 59 % of the claims lodged; whereas, while other countries have experienced significant increases in applications, only one other Member State has received more than 2 000 claims (the UK, with 2 634);

E.  whereas there is a lack of fully accurate and reliable data about the total number of Syrians coming to Europe, and of information on the numbers seeking asylum in European countries and the number present overall; whereas, according to the UNHCR, despite these gaps, and the fact that statistics and data on adjudication practices in respect of asylum claims in EU Member States have flaws, there are indications that gaps in the protection of Syrians within the EU persist;

F.  whereas the Syrian refugee crisis constitutes a first test for the newly revised Common European Asylum System (CEAS);

G.  whereas EU legislation already provides some tools, such as the Visa Code(6) and the Schengen Borders Code(7), making it possible to grant humanitarian visas;

H.  whereas the Member States should be encouraged to make use of the funds that will be available under the Asylum and Migration Fund and of the funds available under the Preparatory Action ‘Enable the resettlement of refugees during emergency situations’, which covers, among other things, the following measures: supporting persons already recognised as refugees by the UNHCR; supporting emergency action in the case of groups of refugees, identified as priorities, who are under armed attack and who face conjunctures of extreme vulnerability and of a life-threatening nature; providing, where needed, extra financial support during emergencies to the UNHCR and to its liaison organisations in the Member States and at EU level;

I.  whereas the latest tragedy off Lampedusa, on 3 October 2013, left 130 migrants dead, with hundreds of others missing; whereas tens of thousands of migrants have died trying to reach the EU; pointing once more to the need to do everything possible to save the lives of people in danger and to the need for Member States to abide by their international sea-rescue obligations;

1.  Is deeply concerned about the ongoing humanitarian crisis in Syria and the heavy strain it is putting on neighbouring countries; expresses concern that the exodus of refugees continues to accelerate with no sign of the outflow ending soon;

2.  Praises the efforts and solidarity of the authorities of those countries and the generosity of their populations in assisting refugees from Syria;

3.  Welcomes the open-door policy of Syria’s neighbouring countries and urges them to keep their borders open to all refugees fleeing Syria;

4.  Expresses concern that a growing number of Syrians are risking their lives by embarking on dangerous boat crossings across the Mediterranean to the EU;

5.  Welcomes the fact that the EU and its Member States have committed more than EUR 1 billion in humanitarian and non-humanitarian assistance to Syrians inside and outside Syria; notes that the EU is the largest humanitarian donor to the Syrian crisis; calls also on the EU to monitor the distribution of that funding;

6.  Calls for the EU to continue its generous funding of humanitarian and non-humanitarian efforts in response to the needs of people in Syria and refugees from Syria in neighbouring countries;

7.  Encourages the Member States to address acute needs through resettlement in addition to existing national quotas and through humanitarian admission; encourages the Member States to make use of the funds still available under the preparatory action / pilot project on resettlement;

8.  Calls for the international community, the EU and the Member States to continue providing support in response to this exceptional humanitarian crisis and to commit themselves to providing effective assistance to Syria’s neighbouring countries;

9.  Calls for the EU to convene a humanitarian conference on the Syrian refugee crisis, with priority being given to actions directed at host countries in the region (in particular Lebanon, Jordan, Turkey and Iraq) in order to support them in their effort to host ever‑growing refugee populations and maintain an open-door policy; stresses that such a conference should involve all EU institutions and civil society organisations and focus on humanitarian efforts and on strengthening the EU’s role and involvement in the diplomatic efforts to help end the conflict in Syria;

10.  Stresses the importance at this stage of exploring concretely whether, how and when Member States could do more to reinforce their protection response to Syria; points to the need for solidarity and for proactive strengthening of the overall protection response in the EU through enhanced cooperation, information sharing, capacity building and policy dialogue;

11.  Welcomes the general consensus existing among Member States that Syrian nationals should not be returned to Syria; stresses, however, that a more coherent approach and greater solidarity with Member States facing particular pressure are needed in the reception of refugees from Syria; calls on the Member States to make sure that all the provisions of the different instruments of the CEAS are correctly implemented;

12.  Calls on the Member States to explore all existing EU laws and procedures for providing safe entry into the EU in order to temporarily admit Syrians fleeing their country; notes that legal entry into the EU is preferable to more dangerous irregular entry, which could entail human trafficking risks; notes that some of the Member States have granted Syrians either permanent residency (e.g. Sweden) or temporary admission (e.g. Germany);

13.  Reminds the Member States that Syrians fleeing the conflict who are seeking international protection should be referred to competent national asylum authorities and have access to fair and efficient asylum procedures;

14.  Calls for the EU to take appropriate, responsible measures regarding a possible influx of refugees into its Member States; calls on the Commission and the Member States to continue monitoring the current situation and to work on contingency planning, including the possibility of applying the Temporary Protection Directive(8), if and when conditions demand it;

15.  Points out that the Member States are required to come to the assistance of migrants at sea, and calls on Member States which have failed to abide by their international obligations to stop turning back boats with migrants on board;

16.  Calls on the Member States to respect the principle of non-refoulement, in compliance with existing international and EU law; calls on the Member States to put an immediate end to any improper and extended detention practices in violation of international and European law, and points out that measures to detain migrants must always be subject to an administrative decision, and must be duly substantiated and temporary;

17.  Calls on its relevant committees to continue monitoring the situation in Syria and neighbouring countries and the measures taken by the Member States in this respect;

18.  Instructs its President to forward this resolution to the Council, the Commission, the Vice‑President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the parliaments and governments of the Member States, the Secretary-General of the United Nations, the UN High Commissioner for Refugees, the Secretary-General of the Arab League, the Parliament and Government of the Syrian Arab Republic, and the parliaments and governments of those countries neighbouring Syria and all the parties involved in the conflict in Syria.

(1) OJ C 249 E, 30.8.2013, p. 37.
(2) Texts adopted, P7_TA(2012)0351.
(3) Texts adopted, P7_TA(2013)0223.
(4) Texts adopted, P7_TA(2013)0378.
(5) http://www.unhcr.org/51b7149c9.html
(6) Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code) (OJ L 243, 15.9.2009, p. 1).
(7) Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).
(8) Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).

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